334.2005
RESOLUTION ADOPTING RULES AND REGULATIONS CONCERNING
SHORT-TERM OUTDOOR WATER USE IN THE
SHORE COLONY WATER DISTRICT
RESOLUTION NO.: 334, 2005
INTRODUCED BY: Mr. Roger Boor
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, by Resolution No.: 291 of 2002, the Queensbury Town Board enacted
Ordinance No.: 1 of 2002 entitled, “Ordinance Restricting Outdoor Water Use in the Shore
Colony Water District,” (Ordinance), and
WHEREAS, under Town Law §198(3)(c), the Town Board has the power to adopt
ordinances, rules and regulations for operation of the Water District and use of water within the
Water District, and
WHEREAS, under the Ordinance at §1, use of water for outdoor purposes, including but
limited to, lawn and garden watering, car washing, swimming pool and pond filling, and filling
of decorative fountains is permitted only through the use of a handheld hose actually held in a
person’s hand, and
WHEREAS, the Town of Queensbury Water Department has represented to the Town
Board that there are occasions when, without compromising the water supply available for the
water district, the Town may wish to allow Water District users to use automatic watering
systems (i.e., sprinklers) or other water delivery systems for short periods of time and with
appropriate restrictions in place, and
WHEREAS, the Town Board has determined that it is appropriate to allow such short-
term agreements provided that the Water District user reimburse the Water District for the value
of the water used, and
WHEREAS, the Town’s Water Department is able to calculate, based upon the prior
year’s cost for operation of the Water District and the volume of water to be drawn and the time
over which it will be drawn, the fair value to the Water District of any water used,
NOW THEREFORE BE IT
RESOLVED, that the following rules and regulations shall hereafter apply to the Shore
Colony Water District (Water District):
1.In the event that a water user in the Water District wishes to use water for an
outdoor purpose, for example, lawn and garden watering, car washing, pool or
pond filling, or the filling of decorative fountains, by a method other than a hand-
held hose actually in a person’s hand, such user may make a request to the Town
of Queensbury Water Department for an agreement allowing such use.
2.The Town of Queensbury Water Department shall determine:
A.whether sufficient water supplies are available to allow the request without
negatively impacting the remaining properties within the Water District;
and
B.that the requestor has no outstanding fines for violations of the Ordinance
and that the requestor is current on payment of Water District charges;
3.The Water Department is then empowered to enter into an agreement with the
water user allowing the short-term use of water by such means as the Water
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Department, in its absolute discretion, shall deem reasonable subject to the
following terms and conditions:
A.such water usage shall occur only during off-peak usage hours;
B.no such agreement shall have a term of greater than 15 days;
C.such agreement shall require that the Water District user reimburse the
Water District for the fair value of the water as calculated by the Water
Department; and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town’s Water
Superintendent and/or Deputy Water Superintendent to sign such agreements and take all such
actions necessary to effectuate this Resolution, and
BE IT FURTHER,
RESOLVED, that the Town Board determines that in all regards Ordinance No. 1 of
2002 remains in full force and effect, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Queensbury Water
Department to provide notice of the newly adopted rules and regulations to all Shore Colony
Water District users.
th
Duly adopted this 11 day of July, 2005 by the following vote:
AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough
NOES: None
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ABSENT: None
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