036-05 - Resolution - Assignment from McCormick Water Co. Relating to DOE Permit to Appropriate WaterRESOLUTION NO. 036-05
A RESOLUTION OF THE CTIY OF PORT ORCHARD, WASHINGTON,
AUTHORIZING THE MAYOR TO EXECUTE AN ASSIGNMENT FROM
McCORMICK WATER COMPANY RELATING TO A DEPARTMENT OF
ECOLOGY PERMIT TO APPROPRIATE WATER
WHEREAS, in 1998 the City of Port Orchard, as buyer, and McCormick Water
Company, as seller, entered into an agreement for the purchase and sale of certain assets
relating to a water service system; and
WHEREAS, among the assets that the City purchased was a water right relating
to permit #Gl-24437P; and
WHEREAS, the Washington Department of Ecology has requested that
McCormick Water Company and the City execute an Assignment of Application or Permit to
Appropriate or Store Water relating to water permit #Gl-24437P in order to document the
transfer in accordance with the Department's procedures; and
WHEREAS, in accordance with recent case law and the Department of Ecology's
procedures, the Assignment also requests that the development schedule for perfecting permit
#Gl-24437P be extended an additional 20 years; now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
THAT: The Port Orchard City Council hereby authorizes the Mayor
to execute an assignment from McCormick Water Company
relating to Department of Ecology water permit #Gl-24437P, a
copy of which assignment is attached hereto as Exhibit A.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the Clerk in authentication of such passage this 14th day of November 2005.
KIM E. ABEL, MAYOR
ATTEST:
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
W ! <; , !I J 1 e N 0 T 1 : E
0 E P ~ ~ r \l l ~ · .:;
ECOLOGY
ASSIGNMENT OF APPLICATION OR PERMIT TO APPROPRIATE OR STORE WATER
A NON-REFUNDABLE $50.00 FEE MUST ACCOMI' ANY THE FILING OF THIS ASSIGNMENT.
Please read the instructions on the back of this form
1. I, McCormick Woods Water Company, the holder of permit number Gl-24437P for the
appropriation of the waters of a well field, do assign. transfer and set over to the City of Port
Orchard all its right, title and interest therein.
2. This assignment is being made for the following reason(s): To facilitate public water service to the
McCormick Woods community
3. This assignment relates to the following property identified as all or a portion of the place of usc within
the application/ permit being assigned: located within Kitsap County: Area served by McCormick
Woods Water Company within the SE '!, SE '/; of section 4. E V2 of section 8. all of section 9. N V2 of
section 16, and theN V:: of section 17. Tmvnship 23North. N., Range 1 East. E. W. M.
4. D The application/permit includes a development schedule. The development schedule can be met.
5.
X The development schedule cannot be met and I've included a proposal tor a new development
schedule.
McCormick ·oods Water Companv
Address: 4978 SW Lake Flora Road
Port Orchard W A 98367
Assignee(s): ~~;,"' ? · Av/i-
Kim Abel, Mayor
Address: Citv of Port Orchard
216 Prospect Street
Port Orchard W A 98366
Phone: (360)876-4991
6. Notary Signature:
State of Washington
f l;-1~
County o --~-'-'""C)"J+--"'--:-...,---
I, l)~. Srw'>~ ··-· being first sworn, disposed and say that I
have read the above assignment of application or permit to appropriate or store water: that 1 know the
contents thereof; and that the facts therein stated are true.
IN WITNESS WHEREOF, I have heretmto set my hand this / ] day of £)&bet . in the
year ZOQ '2--J. Ap · ' nt( s )/Permittee( s)
day of 0 ttover ' in the year ZtX) 5
!lUfM~ie K. btt.ni:;~
\'otwy S'ignaturl!
My appointment expircs ___ /....,{'---'ft"-~-"0'-'5"----
].]you re(j;·;ire this document in an altcrnate(ormat, please contact the !Yater Resources p,··ogram at (300) ../0"'7-(lfj(){) or TTY
(for the speech or hearing impaired) af -:II or J-800-1?33-6388.
ECY 040-1·61 (Rev. 7 '05) ASSIGNMENT
PROPOSED MODIFICATION OF PERMIT DEVELOPMENT SCHEDULE
October, 2005
The initial development schedule for this permit was generated under the pre-Theodoratis policies of
water right perfection and the extension requested by the City and granted by Ecology continued that
policy. Since the criteria for perfection has now become that the homes be built and occupied before
beneficial use can be asserted by the permit holder. it is clear that a longer period of time vvill be required
for perfection of the permit. Though a substantial number of homes have been built and are now served by
the City. the full development of the portion of the McCom1ick Woods Development intended to be
served by this water allocation could require more than 15 additional years. Further. the inability to
predict the real estate market with any certainty suggests that some bufier be included to avoid having to
extend the pennit again at some later date.
The Assignee, therefore asks that a development schedule of 20 years be established for this municipal
allocation to be perfected. If development does occur more quickly than anticipated here. a ""Proof of
Appropriation"" will be submitted at that time and the water right can move to certificate.
ECY 040-l-61 (Rev. 7 05) ASSIGNMENT