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Home My WebLink AboutORDINANCE 0376-1977C~TY OF I~2q~ NO. 376-77 ~IERE~, ~ 29.0~.037(b) ~ a mun~tpality to ad~pt ordinances $, the City of ~ d~.ves its ~atet supply from the ~eaver Creek aquifer northeast of the City, and W~EAS, the City of g~mi without invoking its rights under provi_~.:i~ns of AS 29.0~.037C0) has no means of prote~ttz~ iCa racer supply, and ~, it is in the public interest to adopt an ordinance protecting its rater supply by requizir~ notification of the City of a potential user to emble theCity to obtain due consideration by the State of the City's N0~, ~/E~EFORE, be it ordered by the Council of the City of genai, Alaska as follows: Section 1: There is hereby added to the Code of the City of F~mai, Alaska, a ne~ Article 8 of Cbmpter 17, such Article to read in its entirety as follows: AR:ICIZ 8 Beaver Creek Oround Wa~r SYStem Section 17-80: It shall be ~, w~thout prior not/f/cat/on to the-~/-~--F/~, for ang per~ or othe~ entity, to dig, build, drive, dr/Il or in any other ~-~r construct a ~ater ~eil or otheneise appropriate rater from beneath the ~ in the terrtwry described and illustrated in Schedule A attached here~a ~d incorporated by refer~r~e. Fora of ~otift~atflm Section 17-Ul:" ' Frior notice shall be given by filing a certified true copy of the application for ~mter rights in the form m~d nu~-~-~ pres~be~ by the Sta~e of Alaska, Department of Natural Resources, Division of Lands, Water ~utces Section, with the City. Clerk. City. of Kenai within seventy-two (72) hours of application to the State of Alaska for rater rights. O1R)INANCE NO. 367-77, Page ~--~ 17-83: Any person or entity violat.ing the provisions of ~ Att~d'le shall be subject to a civil penalty of $250 for each offense. Each and every day such offense continues shall be deemed a separate violat~on. Sectiom 2: Section 3: City of ;enai Ord/nance No. 289-76 is h~eby repealed. Cit~f of Kenai Ordinance No. 301-76 is hereby repealed. P.a. SSED BY TIIE (DIIqCIL OF THE CITY OF KENAI, ALASKA this ~, 1977. day of October 19, 1977 l~nlber2r 1977 D~a~mb~ 2. 1977 SCHI!DULE "A" The boundary line encompa:;-'~es £1f~y-t~,,o {52) square miles of Beaver Creek (;round ~'later System and Js to(ally within thc Kenai National Moose Range. The boundary line b(:l:in~ on the ~.1oose Rnnge bo~,ndnry bet~een Section 31, TfN, R]0~', Seclion fi, 'I'SN) R]01';, ~,'here thc [,ioose Range boundary ~.:est forms a corner ~Jth lhe }.loose Range houndary north; thence, north, follovtJn~ the Moose Range ~estcr]y most boundary ~o a point on the north most bord(~r of Section 5, TTN, RiOW, ~'J~ere it intersects the bioose Range boundary; thence, east along the northern border of Section 5 and d, T7N, RIOW, approx~nmtely t~,'o (2) ~niles; thence, southeast approximately ~wo and one-half {28).miles to a point of intersection at Sections 10, ]1, 1.4, ].5, T7N, R]0~';; thc{lcc, soulh-southwe~;t approximately 1.4 mJJcs to a poi. et on the south most border of Section 15, TTN, RI01~, 1200 feet west of thc intersection of , T??'t RI0i':; thence, 300 feet south where Sect~.ons 15, 14 23, 22, the boundary turns south~.~cst"and passes through the east ~nost border of Section 22, TTN, Rl0h', approximately 1500 feet south of the intersection of Sections 15, 14, 25, 22, TTN, RIOW; thence, south,s'est through the northeast quarter into the southwest quarter of Section 23, TTN, RI01V, to a point on the south most border of Section 23, 'rTN, R10I~', 1500 feel: from the corner intersection of Sections 23, 2~, 25, 26, TTN, R10~'; thence, northeast passing,, through the most easterly border of Section 25, approximately 900 feet north of the intersecting corner of Sections 23, 24, 25, 26, T7N, R101~'; thence, bisecting the most southerly border of Section 24, T7N, R10I~t; passing through the northeast quadrant of Section 25, TTN, R]0~'t, to intersect the most westerly border of Section 50, T7N, Rgw, approximately 300 ~eet south of thc corner intersection of Sections 24 and 25, TTN, R101~, Sections 19 and 30, T7N, Rgw; thence, approximately 4,500 feet due east into Section 30, TTN, Rgtv; thence, due south bisecting the south most border of Section 30, T7N, RgW and passing into Section 31, T7N, RgI~' for approximately 900 feet due south; thence, southeast, intersecting the most westerly border of gectt, on 32, TTN, RgI~ and proceeding east approximately 900 feet where it turns south-southwest and intersects the most southerly border of Section 32, TTN, Rglq, approximately 300 feet east o~ the corner intersection of Sections 31, 32, TTN, Rg~q, and ~ection 5 and 6, 'I'6N, Rgb'; thence, due south through the north~,'est quarter of Section 5, T6N, Rgl~ approximately 1,500 feet; thence, turning soutln~est, intersecting the most easterly border of Section 6, T6N, Rg~q, at a point approximately 2,000 feet south from the corner inter~ection of Sections 5 and 6, T6N, Rgi~ and Sections 31 and 52, TTN, RgI~; thence, through the southeast quadrant of Section T6N, Rg~q, due soutln~est 2,100 feet; then, due so~th 900 feet; thence, soutln~est to intersect the most northerly border Section 7, T6N, Rgw, approximately 500 feet ~est of the corner intersection of Sections 5, 6, 7 and 8, T6N, Rg~; thence, due south to the first ma',or basin boundary approximately 500 feet west of the most westerly border of Section 8, T6N, Rg~'I; thence, north~vest to intersect the most ~testerly border of Section 7, T6N, RgI'/; passing straight northwest to intersect the n~ost northerly border of Section 1~ T6N, R10W, approximately 900 feet from the corner intersection of Sections 6 and 7, T6N, Rglq, and Sections 1 and 12, T6N, R10W; thence, northwest intersecting the most easterly border of Section 1, T6N, R10W, approximately 2,100 feet norlh of corner 5ntersectJon of Sections 1, 2, 11 and 12, T6N, R10W; thence, ~vest-south~vest, intersecting the corner intersection of Sections 2, 3, 10s 9,,T6N, Rliliq; thence, ,approximately 3)900 feet following the south most b.)rder of Section 3, R~01~; thence) due south-southwest intersecting the most: easterly border of Section 10, T6N, R101~', approximt~tely 1,200 feet north of corner ~ntersection of Sections 9, 10, 15 and 16, T6N, RIOW; thence) south-south,s, est intersecting the most southerly border of Section 21, q'6N) R1011', approxJ, mately 1,800 feet ~¢esl: of the most. easterly border of Section 21, T6N, Rglq; pas~;Jnl~ th~'oulIh ~orth~.test quadrant of Section 28) T6N) RI0W, ~ntersecllng the most westerly border of Section 28) T6N, RI01'I, approximate]y ]500 feet south of intersecting corner, Sections 20, 21, 28 and 29, T6N, R10~; thence) ].,14 miles due west J. ntersect~ng the most easterly border of Section 30) T6N, R10W, approximate]>' 2,000 feet south of intersecting corner of Sections 19, 20, 29 and 30, T6N, R10W; thence) due south, J. ntersect~ng the ),Ioose Ra;~ge boundary ~pprox- inately one and one-half (1)~) miles east fro)n intersecting corner of Secgions 28) 29) 32 and 33, T6N) ]HOW; thence, west to the 1)oJnt of l)egJnni, ng. ~ ~;alamatof ::, ' i Introduced by= James A. El~on Dates May 3, 1977 Hearing= June 7, 1977 Vote~ (to enact) 65.84 "Yes", 56.5 ~No" Action~ Defeated--on Reconsideration, Referred to KPB Planning Commission Final Action: Enacted, 95 Yes. 36 No. KENAI PENINSULA BOROUGH ORDINANCE 77-35 AN ORDINANCE APPROVING T~E EXERCISE OF POWER BY THE CITY OF KENAI TO PROTECT ITS WATERSHED OUTSIDE ITS BOUNDARIES. WHEREAS, the City of Kenai derives its water supply from the Beaver Creek aquifer northeast of the City of Kenai; and WHEREAS, the Council of the City of Kenai has enacted Ordinance No. 376-77 declaring it unlawful to appropriate water from the Beaver Creek ground water system encompassing 52 square miles within the Kenai National }~ose Range, unless notice be given to the City of Kenai upon making application to the State of Alaska for water rights; and WHEREA~, a failure to give such prior notice is subject to a civil penalty of $250.00; and WHEREAS, AS 29'.48.037 requires that this assembly approve by ordinance this extra-territorial exercise of power by the City of Kenai; NOW THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH~ Section 1. Tha% the Kenai Peninsula Borough ..ives its approval to the City of Kenai in enacting Ordinance Nc. 376-77 passed by the Council of the City of Kenai on November 2, 1977, which ordinance seeks to protect the water supply and watershed within the Beaver Creek ground water system and to enforce the provisions of that ordinance outside the boundaries of the City of Kenai. Kenai Peninsula Borough Ordinance 77-35 Page 1 of 2 Pages Section 2. That this approval by the assembly shall not Be in derogation of its legislative powers, the assembly specifically reserving its full powers to amend, modify, or repeal this ordinance. Section 3. That this ordinance takes effect immed~te~y upon its enactment. 'ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 5th DAY OF December , 1977. ~n Elson, Assembly President ATTEST~ Kenai'Peninsula Borough Ordinance 77-35 Page 2 of 2 Pages