(1) As a condition for the approval of the subdivision of real property pursuant to Chapters 21.25, 21.30 and 21.40 PMC, utilizing City-provided water for potable or irrigation use within a residential subdivision, 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 as are exempt from certification under the laws of the State of Washington, or properties which receive sufficient irrigation water services provided under a perfected water right from a City-approved irrigation water service provider.

(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 in the City Fee Summary Ordinance, Chapter 3.35 PMC. Such fee may be waived by implementation of a soil additive program, approved by the Director of Public Works, that provides for the retention of 30 percent or more of the applied irrigation water. [Ord. 3795, 2006; Ord. 3547 § 2, 2002; Code 1970 § 26.04.115.]