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Home My WebLink About3079 Shallow Well Public Irrigation PermitORDINANCE NO. 3079 AN ORDINANCE OF THE CITY OF MOSES LAKE, WASHINGTON, AMENDING SECTION 13.070.010 TITLED “WATER CONSERVATION, RESTRICTIONS, AND RATIONING”. Recitals: 1. The City of Moses Lake City Council has adopted water conservation and rationing measures which include restrictions on irrigation watering schedules. 2. The water conservation and rationing restrictions allow for limited exemptions. 3. The City Council recognize that public and semi-public entities with large green spaces function as gathering places and sports fields, benefiting the residents of Moses Lake. 4. The City Council want to encourage the cultivation of the public and semi-public green spaces while being good stewards of limited water resources. 5. The City Council desires to amend Section 13.07.010 to include an exemption for the drilling and use of Limited Use Shallow Irrigation Wells within the City’s retail service area. THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Moses Lake Municipal Code Section 13.07.010 titled ‘Water Conservation, Restrictions, and Rationing,” is amended to read as follows: 13.07.010 Water Conservation, Restrictions, and Rationing. A. Conservation. All odd numbered addresses shall be allowed to irrigate on Wednesday, Friday, and Sunday. All even numbered addresses shall be allowed to irrigate on Tuesday, Thursday, and Saturday. All irrigating shall be prohibited between the hours of 10:00 a.m. through 7:00 p.m. All irrigating shall be prohibited on Mondays. New sod, turf, or grass seed may be irrigated irrespective of these provisions provided an unrestricted irrigation allowance is first obtained from the City of Moses Lake Public Works allowing fourteen (14) days of unrestricted water use to irrigate installation of new sod, turf, or grass seed. Only three (3) unrestricted irrigation allowances shall be permitted per address per calendar year, except when a change in property ownership occurs, allowing for potential repermitting during the same year. Additional allowances may be requested and will be issued at the discretion of the Municipal Services Director Document Ref: EZC75-WT7G7-3MZ9Z-PBAVF Page 1 of 4 or their designee. Water conservation measures will be revisited every two (2) years, beginning February 2025, following a review of water resource availability. After a written warning for the first offense, the second offense will incur a C-13 penalty pursuant to Chapter 1.08. A third offense will be subject to a C-7 penalty. B. Exemptions for City Parks. City parks irrigating on City’s potable water system will be limited to watering three (3) days each week with a specific schedule to be determined by the Parks Superintendent. No zone of a City park irrigation system connected to the City potable water system will be irrigated more than three (3) days each week with the following exceptions: 1. Paul Lauzier Park and Yonezawa Park have high tourism value, and currently an alternative source is not available so in the interim there will be an exemption. This exemption will be revisited annually as resources are identified. 2. City parks without timers or remote watering capabilities will be exempt from the time-of-day watering restrictions. City park staff will maintain a current list of these parks. As park infrastructure is updated and timers are added to these parks, they will be removed from the exemption list. 3. Upon written request of the Director of Parks, Recreation, and Cultural Services, the City Manager may approve a one (1) day exemption to watering restrictions to promote turf recovery following a special event held at the park. C. Notice to Begin Water Restrictions. The Public Works Director will place a notice in the local newspaper and provide a public announcement on the City’s social media as well as to the radio stations that are in the area. The notice will state the requirements for individuals or organizations for irrigating and washing vehicles. Water restrictions will be effective immediately upon publication and broadcast. After a written warning for the first offense, the second offense will incur a C-13 penalty pursuant to Chapter 1.08. A third offense will be subject to a C-7 penalty. Further infractions will be subject to a C-4 penalty. D. Rationing. Water rationing will be implemented during emergency conditions as determined by the City Manager and Public Works Director. E. Notice to End Water Restrictions and Rationing. The Public Works Director will place a notice in the local newspaper and provide a public announcement on the City’s social media as well as to the radio stations that are in the area that states water rationing is no longer required. F. Exemptions for School District Sports Fields. School-district-owned sports fields irrigating on the City’s potable water system are exempt from the watering restrictions and shall be permitted to irrigate as necessary to preserve the fields. This exemption shall expire on November 15, 2025, unless otherwise extended by the City Council. Document Ref: EZC75-WT7G7-3MZ9Z-PBAVF Page 2 of 4 G. Limited Use Shallow Irrigation Wells. Parcels owned by public or semi-public entities and operated for public or semi-public use within City limits may apply for a permit to allow for the installation of a limited use shallow aquifer irrigation well. 1. Definitions: •Development: the physical extension and/or construction of urban land uses. Development activities include, but is not limited to: subdivision of land; change in intensity of use of land; construction, reconstruction, demolition or partial demolition or alteration of buildings, roads, utilities, and other facilities; commencement of drilling (except for a permitted well or to obtain soil samples), mining, or excavation; grading, deposit of fill materials; and clearing of natural vegetation cover, etc. •Public Parcel: A parcel owned and operated by a public entity and open to all members of the public without restriction or fee (e.g., public parks, libraries, public schools, government buildings). •Semi-Public Parcel: A parcel owned and operated by a semi-public entity, open to some members of the public with possible restrictions or fees (e.g., private schools, churches, recreational facilities). •Shallow Irrigation Well: A well that draws water from a shallow aquifer for the purpose of irrigating green spaces; water is not used for potable water. •Shallow Aquifer: An aquifer that is located near the land surface and is often unconfined; typically allows groundwater to flow freely and is usually replenished more quickly than deeper aquifers. Wells that access this type of aquifer are typically drilled to less than 100 ft deep. 2. Eligibility Requirements. A parcel may be eligible for a shallow irrigation well permit if it meets all the following criteria: a. The parcel is owned and operated by a public or semi-public entity. b. The parcel is a minimum of three (3) acres in size. c. The parcel does not have access to alternative irrigation sources, including but not limited to water from the Moses Lake Irrigation and Rehabilitation District or nearby canal systems. d. The applicant provides proof of legal access to shallow groundwater. e. The proposed well location complies with all applicable cross- connection control, sanitary control zone, and wellhead protection zone requirements. 3. Permit Required. a. No person shall install or operate a shallow irrigation well within city limits without first obtaining a permit from the City. Document Ref: EZC75-WT7G7-3MZ9Z-PBAVF Page 3 of 4 b. A non-refundable permit application fee shall be assessed to recover the cost of staff time for review and processing. c. The City shall establish a permit application process, including required documentation and review procedures. 4. Parcel Development •Any request to develop the parcel beyond the use at time of initial irrigation well authorization shall require review of the continued use of the shallow irrigation well. Section 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court, board or tribunal of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 3. Corrections. The City Clerk and the codifiers of this ordinance are unauthorized by the Moses Lake City Council to make necessary clerical corrections to this ordinance including, but not limited to, the correction of scrivener’s/clerical errors, references, ordinance numbering, section/subsection numbers, and any references thereto which do not change the substantive meaning of the ordinance. Section 4. Effective Date. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council of the City of Moses Lake, WA on December 9, 2025. ________________________________________ Dustin Swartz, Mayor ATTEST: ________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: __________________________________ Katherine L. Kenison, City Attorney Martinez Swartz Myers Fancher Madewell Lombardi Skaug Vote: Aye Aye Aye Aye Aye Aye Aye Date Published: December 15, 2025 Date Effective: December 20, 2025 Document Ref: EZC75-WT7G7-3MZ9Z-PBAVF Page 4 of 4 REF. NUMBER EZC75-WT7G7-3MZ9Z-PBAVF DOCUMENT COMPLETED BY ALL PARTIES ON 12 DEC 2025 20:23:06 UTC SIGNER TIMESTAMP SIGNATURE MAYOR DUSTIN SWARTZ EMAIL DSWARTZ@CITYOFML.COM SENT 12 DEC 2025 01:16:34 VIEWED 12 DEC 2025 01:32:21 SIGNED 12 DEC 2025 01:32:40 IP ADDRESS 104.193.239.74 LOCATION MOSES LAKE, UNITED STATES RECIPIENT VERIFICATION EMAIL VERIFIED 12 DEC 2025 01:32:21 DEBBIE BURKE EMAILDBURKE@CITYOFML.COM SENT 12 DEC 2025 01:16:34 VIEWED 12 DEC 2025 16:51:59 SIGNED 12 DEC 2025 16:52:20 IP ADDRESS 63.135.54.162 LOCATION MOSES LAKE, UNITED STATES RECIPIENT VERIFICATION EMAIL VERIFIED 12 DEC 2025 16:51:59 Signed with PandaDoc PAGE 1 OF 2 REF. NUMBER EZC75-WT7G7-3MZ9Z-PBAVF DOCUMENT COMPLETED BY ALL PARTIES ON 12 DEC 2025 20:23:06 UTC SIGNER TIMESTAMP SIGNATURE KATHERINE KENISON EMAIL KKENISON@BASINLAW.COM SENT 12 DEC 2025 01:16:34 VIEWED 12 DEC 2025 20:22:26 SIGNED 12 DEC 2025 20:23:06 IP ADDRESS74.209.9.35 LOCATION ELLENSBURG, UNITED STATES RECIPIENT VERIFICATION EMAIL VERIFIED 12 DEC 2025 20:22:26 Signed with PandaDoc PAGE 2 OF 2