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(1) As a condition for the approval of the subdivision of real property pursuant to Chapters 17.11, 17.17, and 17.26 ECMC, utilizing city-provided water for residential consumption, irrigation, fire suppression, or commercial application, any property owner or developer of such property shall assign and transfer to the city any perfected application, certificate, permit or right of withdrawal of ground or surface waters, or such other water rights as may be appurtenant to such property in such quantities as is sufficient to serve the real property. This assignment and transfer shall not apply to individual service wells which are exempt from certification under the laws of the state of Washington. This assignment and transfer shall also not apply to properties which receive sufficient irrigation water services provided under a perfected water right from a city-approved irrigation water service provider or industrial or industrial applications or those situations where water is provided to applications on the property by someone or some entity other than the city.

(2) In the event there are no water rights represented either by perfected application, certificate, permit or right for withdrawal appurtenant to the real property benefited in subsection (1) of this section, the property owner or developer shall pay to the city, in lieu thereof, a water rights acquisition fee as established by the city council from time to time by resolution. (Ord. 405 § 1, 2008)