A RESOLUTION AUTHORIZING A TEMPORARY SUSPENSION OF THE ISSUANCE OF NEW "WILL-SERVE" LETTERS PENDING THE COMPLETION OF A WATER RIGHTS STUDY TO DETERMINE IF EXISTING WATER RIGHTS ARE SUFFICIENT TO PROVIDE NEW SERVICE CONNECTIONS, AND RELATED MATTERS
WHEREAS, the Ashley Valley Water and Sewer Improvement District (the "District") owns and operates a culinary treatment and delivery system that provides culinary water services to the customers of the District; and
WHEREAS, the District is required by Utah State law, and sound business practices, to have a sufficient reliable water supply (both water rights and actual water) to provide uninterrupted service to its customers in a manner that meets all applicable rules, regulations, and policies governing a public water supplier in Utah; and
WHEREAS, growth in the service area of the District has resulted in additional service connections being requested by new customers; and
WHEREAS, notwithstanding the current water year, the District, along with most of the rest of the Western United States, has experienced decades of drought and below average yields from its water rights; and
WHEREAS, the District recognizes its obligation to protect its current customers and make sure that its water rights are sufficient to continue to provide water service at current levels to those existing customers; and
WHEREAS, the District is no longer entirely confident that its existing water rights can provide sufficient wet water to provide an adequate level of service to new customers without the possibility of adversely impacting existing customers, especially if drought conditions continue in the future; and
WHEREAS, it is in the best interest of the District and its current customers to conduct a comprehensive study to determine if existing water rights are sufficient to provide water to new customers, or if additional water rights need to be acquired by the District to keep up with current and anticipated growth; and
WHEREAS, the Board of the Directors finds that there is good cause for imposing a six (6) month suspension on the issuance of new "will-serve" letters in order to allow the District to conduct a comprehensive study as described herein, and to update policies of the District if necessary.
NOW, THEREFORE, be it hereby Resolved by the Board of Directors of the Ashley Valley Water and Sewer Improvement District, as follows:
1. No will-serve letters committing to new service connections will be issued by the District for the next six (6) months following the adoption of this Resolution.
2. Applications or requests for will-serve letters that have been received by the District prior to the adoption of this Resolution will be processed in the normal fashion, but new will-serve requests received after the adoption of this Resolution will not be issued during the suspension period.
3. The Manager of the District is directed and authorized to conduct a comprehensive study to examine the District's existing water rights, the current yield of those water rights, the projected yield of the water rights, and to determine if additional water rights are required before additional will-serve letters can be issued by the District.
4. The Attorney for the District, along with Manager and Staff of the District, is directed to participate in the study, review the study at its completion, and prepare updated policies and procedures regarding the water rights of the District, acquisition of additional water rights if necessary, and related matters, and to present those new policies and procedures to the Board of Directors for their approval and adoption prior to the expiration of the suspension period.
This Resolution shall take effect immediately upon adoption and/or publication as required by law.
PASSED AND ADOPTED by the Board of Directors of the District on the 28th day of March, 2023.
DISTRICT BOARD
AYE NAY
Chairman Boyd Workman __X__ _____
Vice Chair Robert Jolley __X__ _____
Board Member Dean Baker __X__ _____
Board Member Max Haslem __X__ _____
Board Member Brownie Tomlinson __X__ _____
APPROVED AS TO FORM
_____________________________
Corbin B. Gordon, Attorney
