Review of current process for all Reclaimed Water agreements and their renewal and discussion to change that process so that all agreements and their renewals come before the City Council for approval.
Seek direction from Council for possible revision to City Code regarding approval of all Reclaimed Water Agreements.

In February 2001, the Arizona Department of Environmental Quality (ADEQ) updated its Reclaimed Water Rules.  Among the many changes was the creation of a requirement for a City to maintain a contractual agreement with each reclaimed water end user (aka Reclaimed Water Agreement).  In July 2002, City Council adopted Ordinance No. 2002-07 that amended Title 7 of the City of Flagstaff Water and Wastewater Code to require reclaimed water agreements between the City and end-users.  Additionally, the Ordinance established this as an administrative process with the Utilities Director (now Water Services Director) authorized to execute Reclaimed Water Service Agreements under the review of the City Attorney's Office and updated City Code language to be in compliance with a recent change in State law.  

Councilmember Whelan presented a Future Agenda Item Request, which received the requisite support of the Council to advance the item on the Working Calendar. At this point, Staff is seeking further direction from the Council.

The City has a Type 3 Recycled Water general permit to distribute reclaimed water to end-users. One of the requirements of the permit is to maintain an end-user agreement with each end user of reclaimed water.  Monitoring parameters for the Recycled Water Permit is conducted in accordance with the Aquifer Protection Permits for the Rio de Flag Water Reclamation Plant (WRP) and Wildcat Hill WRP.
 
The City of Flagstaff has three (3) new types of reclaimed water-related agreements between the City and end-users, Reclaimed Water Agreements, Reimbursement Agreements, and Conversion Agreements.
 
End-User Agreements are required by State Rule to distribute reclaimed water to end-users under the City’s Recycled Water General Permit.  Under State Rules, the agreements are required to stipulate any end-user responsibilities for the requirements specified under to meet the conditions of the permit.  These responsibilities include signage requirements; and liner and nitrogen management if reclaimed water does not meet Class A+ or B+ quality.
 
In July 2002, City Council adopted Ordinance No. 2002-07 that among other things created three (3) new types of reclaimed water-related agreements between the City and end-users; Reclaimed Water Agreements, Reimbursement Agreements, and Conversion Agreements. City Code states the following:
 
"Reclaimed Water Agreements: A written agreement between the reclaimed water end-user and the City for connection to an existing public reclaimed water pipeline, approved and executed in the name of the Water Services Director.
 
Reimbursement Agreement for Reclaimed Water: A written agreement between the reclaimed water end-user and the City for reimbursement of the user's costs incurred in providing for the extension of, and connection to, a public reclaimed water pipeline, approved by the City Council and executed in the name of the City by the Mayor.
 
Conversion Agreement for Reclaimed Water: A written agreement between the City and the reclaimed water end-user for reimbursement of the City's costs incurred in converting the user's potable water system to a reclaimed water system, by the extension of, and connection to, a public reclaimed water pipeline, approved by the City Council and executed in the name of the City by the Mayor."
 
There are no time frames listed in City Code or in State Rule for the length of the agreements.  Agreements can be any length of time as agreed upon by the City and the End-User.  The City has generally used the 5-year general permit term as a guide and typically issues agreements for a 5-year term, but that is not always the case.  Please note that the agreements and the permit term do not typically match.