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Letter to JolinCity of Yelm Community Development Department 105 Yelm Avenue West P.O. Box 479 Yelm, WA 98597 June 12, 2007 Brenda Jolin 3537 Crestview Drive West University Place, WA 98466 Dear Brenda: This is in response to the documentation relating to water rights you offered to the Community Development Department in support of your recent request to circulate an annexation petition to annex property you purchased on Grove Road. Subsequent to the April 10th City Council meeting, at which time it rejected your request to circulate an annexation petition, the Council adopted Resolution 472 which clarifies its policy regarding residential annexations. The certificate of ground water right you provided is an excellent example of the reason the Council adopted Resolution Number 472. Specifically, while it would appear that the certificate would provide sufficient water rights to serve the future development of the property at urban densities, two questions must be answered to successfully transfer the water to the City for use in its domestic water system. • That the water has been used for beneficial use within the past five years. • That the conversion of water permitted for used during the summer months for irrigation purposes to year round use for potable water purposes does not have a negative impact on in-stream flows within Yelm Creek or the Nisqually River. The City has investigated the Casavant water rights in the past and believes it is unlikely that the first test can be met, since there is no evidence that the Casavant water rights have been put to beneficial use within the past 5 years. Assuming, however, that beneficial use of the water rights could be shown, meeting the second test is both expensive and time-intensive. While the expense of a transfer of water rights would be your responsibility, it would still place a significant burden on City staff, for the transfer of a water right that would serve a single property owner. The Council considered the time and effort for a water rights transfer when it adopted Resolution Number 472 and decided to prioritize the City's efforts on obtaining sufficient (360) 458-3835 (360) 458-3144 FAX www.ci.yelm. wa. us water rights to serve the entire City and its Urban Growth Area, an application that is underway currently. Based on the Council's adoption of Resolution Number 472, the City will not authorize your request to circulate a petition to annex at this time. Sincerely, f.u=~ ,_,~~ fl ;,; j/Jjf/'jJ' s~ l Gri~t Beck, ir~ctor Comlvaunity Development Department June 12, 2007 Page 2 of 2