To secure, preserve, and protect water rights within North Logan City boundaries and to provide sufficient water rights for the City Culinary Water System to meet future water demands of Culinary Water Connections.

For the purpose of this ordinance, certain words and terms are defined as follows:

1. Water Rights. The right granted by the State of Utah to use water diverted at a specific location on a water source and putting it to recognized beneficial uses at set locations.
2. Water Shares. Stock in a mutual irrigation company within City Corporate Boundaries. Approved water shares for dedication are listed below:
   1. Cache Highline Water Association
   2. Logan North Field
   3. Logan Northwest Field
   4. Hyde Park Irrigation
   5. Other Shares approved by City Engineer

Before a final plat of any subdivision, a lot split, residential or commercial building permit or the application for any other development activity requiring a culinary water service from the City Culinary Water System, the applicant shall: (i) transfer and dedicate to the City, the unencumbered, clear title a sufficient quantity of water shares or water rights, necessary to meet the culinary water demand of the subdivision or development; or (ii) pay the fees in lieu of the transfer of water shares or water rights as herein provided and allowed.

"Culinary Water Demand" means a quantity and flow rate that meets requirements of the State of Utah Division of Water Rights Appropriation Policy and approved by the City Engineer. The City Council may adjust this amount upon making a finding that a different amount is necessary to address the impact of the subdivision or development on the City’s existing water system.

An applicant subject to the requirements of this Title shall submit a culinary water demand analysis and if required in Section 12D-117 a Water Conservation Plan to the City Engineer outlining its calculation of a culinary water demand for the proposed development or subdivision. The City Engineer shall approve or deny the analysis. All costs and expenses attendant to the analysis of culinary water demand, transfer of water rights dedicated to the City, and all costs relating to the enforcement of or compliance with this Title shall be borne by the applicant.

The water shares or water rights transferred and dedicated pursuant to the provisions of this Title shall comply with the following requirements:

1. The water shares or water rights shall be dedicated and transferred from a canal company, water users' association or company, irrigation company, or from such other water rights owned by or available to the applicant, as may be approved by the City Council after receiving input from the City Engineer.
2. When necessary as determined by the City Engineer, the applicant shall provide for the transfer of water shares or water rights to the City and shall assist in making the water accessible for use by the City by cooperating in the work, preparation of papers or other activities necessary for any transfer of point of diversion or change of use, working with the state engineer's office and irrigation water users or canal company involved, and in accomplishing any other action required.
3. When water shares or water rights are involved in meeting the requirements of this Title, it shall be the responsibility of the applicant to provide accurate and reliable information as to the amount of water available and/or represented by said water shares or water rights.

The amount of the required fee to be paid in lieu of dedication or water rights or shares shall be as set forth in a Fee Schedule adopted by the City Council.

Unless there are circumstances existing which make it unwise, unreasonable or contrary to the best interests of the City, that the City may enter into a water use agreement with the applicant for the use of the water shares or water rights transferred to the City pursuant to this Title for the continued use of said water by the transferor of the same or other person. The payment to be paid by the transferor or other user of the water shares or water rights for the use of the water shall be the amount set forth in the water use agreement. The water use agreement shall be reduced to writing and signed by both parties and may be terminated by the City at any time, upon thirty (30) days' prior notice.