Coordinated Water System Plan Water Utility Coordinating Committee Planning & Development Services Update on Working Group Discussion: Section 6 - Utility Service Review Procedures (USRP) April 15, 2015

CWSP Section 6 Utility Service Review Procedure (USRP) What is the USRP? The USRP is a CWSP strategy designed to help implement a primary Public Water System Coordination Act goal (Chapter RCW) to ensure that ‘…an adequate supply of water is readily available for domestic, commercial, and industrial use …’

CWSP Section 6 Utility Service Review Procedure (USRP) USRP as CWSP Implementing Strategy The USRP applies to all land use development proposals within the jurisdiction of Whatcom County that require water availability approval. It directs applicants with development proposals that require water availability approval to the CWSP map to first identify potential public water systems. The USRP also directs applicants, purveyors, and staff through a set of procedures that apply when public water service is not readily available.

CWSP Section 6 - USRP Working Group Discussion Planning & Development Services Update The USRP Working Group has held meetings on: February 23, 2015 March 13, 2015 March 26, 2015 The next USRP Working Group meeting is scheduled for: April 21, 2015

Questions/Issues Raised Should the USRP apply to provisions for private water supply? What is the effect of private water supply within service area boundaries? Does establishment of a new remote system by agreement require a purveyor to relinquish its declared service area? Should the WUCC serve as an appeals body? How best to streamline the USRP to address those purveyors that have readily available water from those purveyors who do not have readily available water?

Issues Resolved/Recommendations Should the USRP apply to provisions for private water supply? Yes. What is the effect of private water supply within service area boundaries? None. Does establishment of a new remote system by agreement require a purveyor to relinquish its declared service area? No. Should the WUCC serve as an appeals body? No. How best to streamline the USRP to address those purveyors that have readily available water from those purveyors who do not have readily available water? Still working on this.

Questions/Issues Raised Should the USRP distinguish between what constitutes “timely and reasonable” under the Coordination Act from “duty to serve” under Municipal Water Law? Should Receivership be addressed in its own section? Should overlapping service areas be addressed by agreement when such “overlaps” don’t present a conflict? Should the CWSP Map distinguish between non-municipal water suppliers, finite systems, and expanding systems, retail service areas, future service areas?

Issues Resolved/Recommendations Should the USRP distinguish between what constitutes “timely and reasonable” under the Coordination Act from “duty to serve” under Municipal Water Law? Yes, still working on this. Should Receivership be addressed in its own section? Yes. Should overlapping service areas be addressed when such “overlaps” don’t present a conflict? Yes. Should the CWSP Map distinguish between non-municipal water suppliers, finite systems, and expanding systems, retail service areas, future service areas? Still working on this.

CWSP Section 6 - USRP Working Group Discussion Recommendations USRP should include a brief discussion on effect of Municipal Water Law and provision of water service in the CWSSA with respect to “Retail Service Area”, and “Duty to Serve” USRP should emphasize importance of individual purveyor Water System Plan – Service Area Policies Provide a new Dispute Resolution process featuring a voluntary Pre-hearing conference, and outline an appeals process utilizing Hearing Examiner, County Council, Superior Court

CWSP Section 6 - USRP Working Group Discussion Next Steps Additional Working Group discussion and staff draft on new CWSP Section 6 – USRP & Flow-Chart Legal Opinion needed on advisability of crafting unique definition for “Timely and Reasonable” when this phrase is used elsewhere in two different statutes, and is not clearly defined Legal Opinion needed on advisability of crafting dispute resolution and appeals process utilizing Hearing Examiner, County Council, Superior Court WUCC Review/ Recommendation on Final Draft CWSP Section 6