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The town's attorney has advised the Orchard City trustees to consider a rewrite of their water conveyance policy rather than grant a variance of it for a proposed subdivision.

A rewriting of the town's water conveyance policy would be preferable to granting a variance request specifically for the Benson Brothers subdivision, attorney Larry Beckner told the trustees at an April 18 work session.

Under current town policy, the owners of lots newly created by subdivision must give the town an adequate supply of raw water to serve the lot. Or, they can elect to pay a one-time water conveyance fee into the town's water fund for the purpose of acquiring water.

Ed and Dwight Benson had asked for a variance from the water conveyance provision at the trustees April 11 meeting. A lot they want to create by a split has a large fruit storage building on it which has never had a water tap, Dwight Benson told the trustees. There would be no need for a tap in the foreseeable future, he added.

The mayor and some board members had divided in their opinions on the variance request during the board meeting. The mayor was concerned about setting precedent with an approval. Trustees had their own views. Gale Doudy championed the idea of a policy rewrite.

Beckner told the trustees that a rewrite or an amendment to the water conveyance policy that deals generally with the Benson's situation would be preferable to a variance that deals with it specifically.

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