Chapter 5.15
GENERAL USE REGULATIONS AND REQUIREMENTS

Sections:

5.15.010    Efficient water use.

5.15.020    Responsibility for facilities.

5.15.030    Damage to water system facilities.

5.15.040    Damage through leaking pipes and fixtures.

5.15.050    Ground wire attachments.

5.15.060    Customer use of valve.

5.15.070    Backflow protection and cross-connection control program.

5.15.080    Gray water systems and rain water collection systems.

5.15.090    Fraud or abuse.

5.15.100    Ingress and egress.

5.15.110    Meters.

5.15.120    Abandonment of services.

5.15.130    Penalty for violation.

5.15.140    Service requirements.

5.15.150    Annexations and detachments.

5.15.160    Main extensions.

5.15.010 Efficient water use.

All customers shall endeavor to use water efficiently, and not knowingly permit leaks or waste of water. Where water is wastefully or negligently used on a customer’s premises, which in the opinion of the district affects the general service, the district has the authority to discontinue the service (after giving notice to the customer) and to levy such penalties as may be permitted by law and the district’s rules and regulations. (Ord. 392 § 2 (Exh. A), 2020)

5.15.020 Responsibility for facilities.

All facilities installed by the district for the purpose of supplying water service shall remain the property of the district and will be maintained, repaired, or replaced by the district. Any person who damages such facilities, and any property owner who knowingly or negligently permits such damage to occur, will be liable to the district and subject to applicable legal remedies as provided for under these rules and regulations and California law. An easement or right-of-way may be required for the protection or maintenance of the facilities on private property. (Ord. 392 § 2 (Exh. A), 2020)

5.15.030 Damage to water system facilities.

The customer shall be liable to the district for any damage to the service connection facilities serving the customer’s premises, including the breaking of seals or locks, and shall be subject to applicable legal remedies as provided for under these rules and regulations and California law. (Ord. 392 § 2 (Exh. A), 2020)

5.15.040 Damage through leaking pipes and fixtures.

When turning on the water to a house or property which is vacant, the district will attempt to determine if water is running. If the water meter shows that water is running, the district will shut off the water at the customer valve. However, the district’s jurisdiction and responsibility cease at the end of the service connection and in no case will the district be liable for damages caused by water running from open or faulty fixtures, or from broken or damaged pipes beyond the district meter connection. (Ord. 392 § 2 (Exh. A), 2020)

5.15.050 Ground wire attachments.

All customers are forbidden to attach any wires to district property which is or may be attached to a service connection or main pipeline. Customers are liable for any damage to the district’s property caused by such wire attachments. (Ord. 392 § 2 (Exh. A), 2020)

5.15.060 Customer use of valve.

The customer valve inside the meter box is provided to allow the customer to turn water off in case of emergencies. Said customer valve shall be the property of the district. The customer shall be responsible, at its sole cost and expense, for the operation, maintenance, and repair of the customer valve and for any damage or liability that may arise in connection with the customer valve. (Ord. 392 § 2 (Exh. A), 2020)

5.15.070 Backflow protection and cross-connection control program.

A. The purpose of this backflow program is as follows:

1. Protect the public water supply against actual or potential backflow due to cross-connections between the customer’s water system and source of contamination;

2. Eliminate existing connections between potable drinking water systems, nonpotable water systems and other sources of contamination;

3. Prevent the making of cross-connections in the future;

4. Provide for a continuing program of backflow prevention and cross-connection control.

B. It is the responsibility of the district to protect the public water supply system from contamination due to unprotected actual or potential cross-connections. It is the intent of the cross-connection control program to prevent such contamination in accordance with state law and regulations. It shall be the customer’s responsibility to comply with the district’s cross-connection control program requirements as a condition of receiving and continuing to receive water service. When, in the judgment of the district, a backflow prevention assembly is required to protect the public water system, it shall be the responsibility of the customer to install, test, and repair the backflow prevention assembly in accordance with the district’s current standards and at the customer’s expense. Ownership of the backflow prevention assembly will remain with the customer.

C. The district adopts by reference the current California Code of Regulations regarding backflow and cross-connection control as said regulations may be revised or amended.

D. The general manager or designee is responsible for applying and enforcing the cross-connection control program. In doing so, all state and local laws, regulations and codes will be followed as they may apply to the program. The district shall evaluate the degree of actual or potential health hazard to the public water system as may be created by all water services, both existing and new. This evaluation shall be conducted by plan check, on-site inspections and/or on-site reinspections as needed.

In conducting an evaluation of a customer’s premises, the following will be considered an actual hazard to the public water system and appropriate backflow prevention will be required:

1. Private wells, booster pumps, sites with elevation, and sites with multiple services. As a preventative measure against cross-connections, the district requires appropriate backflow prevention assemblies be installed on all nonresidential water service connections.

2. The type of protection that shall be provided to prevent backflow into the public water supply shall be commensurate with the degree of hazard that exists, or has the potential to exist, on the customer’s premises. The type of protective backflow prevention assembly that may be required (listed in an increasing level of protection) includes: double check valve backflow prevention assembly (DC), reduced pressure principle backflow prevention assembly (RP), reduced pressure principle detector backflow prevention assembly (RPDA) and air gap separation (AG). The customer may choose a higher level of protection than required by the district.

E. Backflow protection will be required on premises with the following: wastewater pumping or treatment plants with the exception of single-family residences with a sewage lift pump; where hazardous substances are handled in any manner that they may enter the potable water system; irrigation systems into which pesticides, herbicides, or fertilizers may be injected; recycled water; any unapproved auxiliary water supply; certain fire systems; where entry is restricted limiting inspections for cross-connections; and where there is a repeated history of cross-connections.

F. The customer shall own and is responsible for the installation, testing, repair and/or replacement of all backflow prevention assemblies at their expense as required by the district, and backflow prevention assemblies shall be installed in accordance with current district standards. Each individual meter must have its own dedicated backflow prevention assembly.

1. The customer is responsible to send the appropriate copy of the periodic test to the district in a timely manner along with all information on repairs and parts used.

2. Testing of backflow prevention assemblies shall be conducted by competent backflow prevention assembly testers certified by the county of Riverside, and approved by the district.

3. The customer shall not remove or replace any backflow prevention assemblies without prior written approval of the district.

G. Customers with existing backflow prevention assemblies shall assume ownership of the backflow prevention assembly and full responsibility for testing and repair or replacement, and shall notify the district when the following occurs:

1. Customer account has a change to the account information;

2. Customer account becomes active after being inactive over time, whereas the meter protection backflow will need to be brought up to current district standards, including but not limited to a current backflow test.

H. Noncompliance. If a customer does not comply with backflow prevention assembly testing, installation, replacement and/or repair within the specified time given, the district will deem the assembly and/or site as noncompliant. The district will attempt to conduct noncompliance testing and the customer will be charged noncompliance fee(s) on the customer’s water bill. The noncompliance fee(s) may be found in Western’s Fee and Rate Manual. Said fee(s) will be assessed whether the BPA passes or fails certification, if it is not accessible/testable, or if repairs are not completed within allowed time given by the district. All fees associated with correcting the noncompliant situation will be charged to the customer in accordance with fees established by the district. These fees will be reoccurring until the assembly is brought into compliance. The district reserves the right to discontinue any service to premises or sites in a noncompliant situation. (Ord. 392 § 2 (Exh. A), 2020)

5.15.080 Gray water systems and rain water collection systems.

Gray water systems shall comply with Title 24, Part 5, of the California Plumbing Code and any local city and county regulations. To comply with California Code of Regulations water system protection requirements, backflow protection on the customer’s potable water meter will be required if the gray water or rain water system has a hard piped distribution system, or is connected by any means to an irrigation system existing on the property. (Ord. 392 § 2 (Exh. A), 2020)

5.15.090 Fraud or abuse.

Service may be discontinued or removed, including the removal of unapproved connections or unauthorized facilities and penalties imposed, if necessary, to protect the district against fraud or abuse.

A. Fraud or abuse is the act of any person to commit, authorize, solicit, aid, abet, or attempt any of the following acts:

1. Divert or cause to be diverted water service by any means;

2. Make or cause to be made any connection or reconnection to the district’s water system without the authorization or consent of the district. As used in this section, “water system” means all property, including water hydrants, owned by the district for the transmission, collection, storage or treatment of water;

3. Tamper with or otherwise interfere with any water meter or other water flow measurement device so as to prevent the accurate measurement of water use;

4. Use or receive the benefit of water from the district with knowledge or reason to believe that the use or receipt of such water is unauthorized by the district;

5. Tamper with any property owned or used by the district to provide water service.

B. A violation exists if, on premises owned or controlled by the customer or by the person using or receiving the direct benefit of the water service, there is either of the following:

1. Any instrument, apparatus, or device designed to be used to obtain service without paying the full lawful charge therefor;

2. Any meter that is altered, tampered with or bypassed so as to cause no measurement or inaccurate measurement of water service;

3. Any person who is determined by district staff to have committed fraud or abuse shall be billed by the district for the damage to the property owned or used by the district to provide service, the actual cost to remove and reinstall district facilities, for loss of water, plus a penalty for the infraction.

C. Upon approval of the board, the district may bring a civil action pursuant to Section 1882.1 of the California Civil Code to recover up to three times the actual damages suffered by the district, plus the cost of suit and reasonable attorney’s fees, for a violation of the provisions of this section.

D. The remedies set forth in this section shall be in addition to all other remedies, civil and criminal, available to the district for violation of the provisions of this section or for any ordinance, resolution, rule or regulation of the district, or any provision of the federal, state or local law.

E. Unauthorized Use of Water (Water Theft). Unless a permit is issued by the general manager or designee for temporary use for construction or temporary service, the use of a fire hydrant by unauthorized persons for a purpose other than fire suppression is a crime. Unauthorized and improper connection to the water system could pose a threat to water quality. Violators of this section will be liable for full costs incurred by the district to respond to an unauthorized or improper connection. Use of water from the water system without district authorization is regarded as water theft. Violators of this provision will be charged the current rate for construction hydrant meter water multiplied by the estimated water use as determined by the district, plus $1,000 per day penalty fee. The presumed duration of unauthorized use will be determined by the district. The minimum penalty charge is $1,090 once the connection is discovered. Water use without district authorization from any district fire hydrant or through an unauthorized connection may result in legal action by the district and may be subject to higher penalties. Note that under California law, excessive or repeated water theft is punishable by imprisonment in a county jail or in the state prison. (Ord. 392 § 2 (Exh. A), 2020)

5.15.100 Ingress and egress.

Representatives from the district shall have the right of ingress and egress to the customer’s premises at reasonable hours for any purpose related to the provision of water service. The district shall provide employees with appropriate identification to be shown to the customer upon request. (Ord. 392 § 2 (Exh. A), 2020)

5.15.110 Meters.

A. Meter Installations. Meters will be installed in the street, road or easement rights-of-way, and shall be owned by the district. All registers will be sealed by the district at the time of installation, and no seal or lock shall be altered or broken except by the district’s authorized employees.

B. Landscape Meter Installations – Commercial, Industrial, and Institutional (CII). A separate landscape meter will be required for all commercial, industrial, and institutional users. Meters will be installed in the street, road or easement rights-of-way, and shall be owned by the district. All landscape meters connected to domestic water pipelines will require backflow prevention assemblies. All registers will be sealed by the district at the time of installation, and no seal or lock shall be altered or broken except by the district’s authorized employees.

C. Change in Location of Meters. Meters moved for the convenience of the customer will be relocated at the customer’s expense. If the distance which the customer desires to have the meter moved exceeds eight feet, the customer may be required to pay for abandonment at the existing location and a new service lateral assembly at the desired location.

D. Meter Tests – Deposit. Meters may be tested prior to installation. If a customer subsequently desires to have the meter serving his/her premises tested, he/she shall be billed a meter test charge. Should the meter register more than three percent above the actual flow, the meter test charge will be waived and the district will adjust usage up to 12 months previous.

E. Nonregistering Meters. If the district finds a meter is not registering properly, charges for water shall be based on estimated usage for that period using the same month(s) in previous years. If the use history for that service is unavailable or inappropriate, a similar service history will be used.

F. Meter Access. The area surrounding the meter box must be kept clear of all obstructions for accessibility, and at all times by district personnel. The area shall be kept free of vegetation or obstructions. If vegetation causes access difficulty, the customer will be notified in writing and have 15 days from the date of the notice in which to clear the meter access area. At the end of 15 days, if such clearance has not taken place, the district will have the option to clear the vegetation without further notice. In the event of an emergency the district may remove vegetation or obstructions to make repairs without customer verification. The district reserves the right to require customers to relocate a meter which may have been previously located on private property or is otherwise inaccessible to district personnel or is outside of the public right-of-way. In the event the district determines that such relocation is not feasible, the district may elect, in its discretion, to permit such a meter to remain in its current location subject to the conveyance to the district of an easement or other right-of-way, as determined by the district, in order to provide the district with access to the meter.

G. Sub-Metering of New Multi-Unit Residential and Mixed-Use Structures. As of January 1, 2018, all newly constructed multi-unit residential structures or mixed-use residential and commercial structures are required to measure the quantity of water supplied to each individual residential dwelling unit as a condition of new water service, unless exempt under applicable law. Except as otherwise required by the district, measurement shall be done using sub-meters. Owners shall be responsible for complying with all legal requirements regarding sub-metering including, but not limited to: installation, testing, maintenance, reading, and billing of tenants based on the quantity of water used. (Ord. 392 § 2 (Exh. A), 2020)

5.15.120 Abandonment of services.

Abandonment occurs when the customer surrenders his/her service and advises the district of his/her intent to terminate the activity. Abandonment of service may include abandonment fees, and the district, at its discretion, shall abandon the service at the corporation stop. All materials beyond the point of disconnection are the property of the customer. (Ord. 392 § 2 (Exh. A), 2020)

5.15.130 Penalty for violation.

The district shall have the right to assess such penalties as may be permitted by law and/or discontinue the water service to the premises, up to and including seizure of the service connection, of any customer for failure to comply with any rules or regulations of the district. A customer will be notified of the district’s intention to discontinue service for noncompliance, with an explanation of the violation or infraction committed. There will be a reasonable opportunity given to comply before any action will be taken by the district. However, no such notice to afford an opportunity to comply needs to be given in those instances in which the noncompliance may cause conditions dangerous and detrimental to public health, safety and welfare, or are in violation of state law or applicable sections of the California Penal Code. These violations include, but are not limited to, trespassing, assault, water theft, cross-connection and water system damage. (Ord. 392 § 2 (Exh. A), 2020)

5.15.140 Service requirements.

A. Request for Water Service. Each applicant for water service will be required to pay a deposit or establish creditworthiness, as determined by the district, as a condition of receiving service. Creditworthiness is established by the district using any of three sources:

1. At least 12 months of credit history with the district with no delinquencies, shutoffs or returned payments;

2. A low credit risk rating on the applicant obtained by the district’s third-party credit check service provider;

3. A medium credit risk rating on the applicant obtained by the district’s third-party credit check service provider and a 12-month credit history from another utility with no delinquencies, shutoffs or returned payments;

4. All new service projects received in development services will require water demand estimations to determine the new deposit required at the time the account is sent to billing for activation.

B. Deposit Requirements. All customers requesting service, who have not been able to establish their creditworthiness as determined by the district, must post a cash deposit equal to the greater of the following:

1. The current minimum deposit requirement per the district’s Fee and Rate Manual;

2. An amount equal to two times the average monthly bill for their service or a service that is similar in use and size. Deposit money may be refunded to the customer after 12 months of billings with no delinquent charges or checks returned by the bank. The district may elect to hold customer deposits on accounts with high monthly usage until the account is closed. If a customer is shut off for nonpayment, a deposit is required to reinstate service. The account’s deposit requirement will equal the greater of the following:

a. The current minimum deposit requirement per the district’s Fee and Rate Manual;

b. An amount equal to two times the average monthly bill for their service. If the customer is shut off a second time within a 12-month period, an additional deposit of one times the average monthly bill will be required. The maximum deposit on file shall not exceed the greater of the following:

i. The current minimum deposit requirement per the district’s Fee and Rate Manual;

ii. An amount equal to three times the average monthly bill for the customer’s service.

C. Undertaking of Applicant. Such request for water service will signify the customer’s willingness and intention to comply with these water service rules and regulations.

D. Payment for Previous Service. A request for water service will not be honored unless payment in full has been made for water service previously rendered to the applicant by the district, together with any applicable added penalties.

E. Service to Tenant-Occupied Property. When service is provided to property that is leased to a tenant, the tenant has the primary responsibility for keeping the charges for water service current. However, if the tenant vacates the property leaving an unpaid water service charge and if the delinquent charge is not paid prior to occupancy by a subsequent tenant, service to subsequent tenants will be furnished on the account of the landlord or property owner. If a subsequent tenant’s service is billed on the account of the landlord or property owner, the landlord or property owner will be responsible for the payment of the tenant’s water charges.

F. Water Used Without Application Being Made. A person taking possession of a premises and using water without having properly requested service from the district shall be held liable for water delivered from the date of the last recorded meter reading and for any broken seal or lock penalties, if applicable.

G. Continuance of Service. A customer will be liable for all water use until the customer notifies the district to discontinue service. If service is discontinued on a temporary basis, a reconnection fee will be charged before service is restored.

H. Service Connection Installation Charges. Where a charge has been fixed for the installation of the size of the service connection desired, such charge shall be paid in advance by the applicant. Where no charge is fixed, the district will require the applicant to deposit the estimated cost of the installation. If the service connection to a premises has been previously removed, the new customer shall be liable for the cost to reinstall the service connection.

I. Additional Charges. The additional charges, to be paid prior to installation, for water service may include but shall not be limited to:

1. Main participation;

2. Capacity charge (CC);

3. Provisional water service agreement (PWSA);

4. New demand charge (NDC); and/or

5. Long service charge (LSC).

J. Size, Location and Installation of Service Connection. Service connections are made only on district mains and are installed by employees of the district or as authorized by the district. The district reserves the right to determine the size of the service connection and its location in relation to boundaries of the premises to be served. The water service connection shall become the property of and maintained by the district. The customer line shall be installed and maintained by the customer.

1. All existing or new long services approved by the district are required to have appropriate district-approved backflow prevention assemblies installed.

2. Long services begin at 61 feet and are not to exceed 100 feet.

K. Domestic, Commercial and Industrial Service Connection. It shall be unlawful to maintain a connection except in conformity with the following rules:

1. Separate Services. The district requires the appropriate backflow prevention assemblies be installed on services to any premises or site(s) that have multiple services, manifold meters, or multiple buildings. Each house or building under separate ownership must be provided with a separate service connection. Two or more houses under one ownership, and on the same lot or parcel of land, may be supplied through the same service connection and subject to multiple service charges and evaluation of meter capacity. Only the owner of the property will be allowed to sign up for service to more than one unit. Proof of ownership will be required. The owner will be solely responsible for payment of the water charges. The district reserves the right to limit the number of houses or the area of land under one ownership, to be supplied by one service connection.

2. Different Owners. A service connection shall not be used to supply adjoining property of a different owner or to supply property of the same owner across a street or alley.

3. Divided Property. When property provided with a service connection is divided and not under the same ownership, the existing connection shall be considered as belonging to the property on which the meter fronts, unless other documentation is provided showing payment of ownership of the meter. All other lots or parcels must purchase new service connections and pay all applicable charges, which may include other water facilities.

4. Change of Existing Water Use. Customers planning to make any change in the nature of use or quantity of water shall give the district written request stating the nature of the change in advance. (Ord. 392 § 2 (Exh. A), 2020)

5.15.150 Annexations and detachments.

The district, a member of MWD, makes available supplemental water to the people and land within its boundaries under certain terms and conditions as established by MWD from time to time. General district service area and annexation proposals are evaluated and, as a condition of eligibility for supplemental (MWD) water, charges are assessed at the time property is to be annexed. All charges due, method of payment, necessary water facilities, and other applicable requirements, terms and conditions pertaining to the annexation are determined, defined and set forth in proceedings by the district, MWD and in accordance with state law and district rules and regulations. Detachments from the general district service area or an improvement district are also subject to the above described proceedings.

A. Murrieta Payment for Annexation. The Murrieta window area was annexed through the 41st Fringe Annexation. For customers to be eligible to receive water or sewer service, annexation fees must be paid prior to proposed development, including water used for grading or dust control. (Ord. 392 § 2 (Exh. A), 2020)

5.15.160 Main extensions.

This section applies to district requirements for the construction of water main extensions to provide water service to land within the district’s improvement districts.

A. Requirements.

1. Main extensions shall be designed and constructed in accordance with district standards and specifications.

2. A deposit will be determined by the district and made by the developer to cover the district’s costs applicable to planning, engineering, construction, and inspection necessary to construct the water main extension.

3. All main extensions shall be looped whenever possible. If dead-end mains are permitted, each shall terminate with the appurtenances as required by the district.

4. Main extensions shall be constructed across the full width of the property being served.

5. Construction of all connections to existing district water facilities shall be performed by district forces or by a third party under the control of the district. Developer shall pay the district’s costs in connection with the construction and installation of such connections.

6. An inspector provided by the district will inspect the construction of the water main extension. Inspection costs will be paid by the developer at the deposit amount set forth by the district.

7. Installation of the water main extension must be performed by a district-qualified contractor, who is under contract with the developer, using materials that meet district specifications.

8. By special arrangement, district forces may be utilized for construction of water main extensions.

9. The developer shall provide necessary rights-of-way by providing easements, dedicated rights-of-way, or public roads in order to construct water main extensions.

10. Main extension is required if the only other alternative is a long service in excess of 100 feet.

B. Processing Costs. The payment of costs for the processing of tract or parcel maps, or plans for water facilities, shall be made to the district, as required.

C. Deposit for Engineering and Development. Processing costs for plans for construction of all facilities from the district’s engineering department must be approved by the district in advance. The developer is responsible to submit a deposit for all actual and estimated costs, determined by the engineering department, relating to plan check and inspection for the project. The developer/contractor agrees that inspection and supervision of contractor work includes the following as outlined in the construction agreement:

1. Material will be charged at actual cost. If the item is out of inventory, the cost will be based on the district standard cost plus 15 percent. Labor will be at the actual cost to the district.

2. Overhead and general administrative costs will be applied at the appropriate labor burden factor for the classification of labor charged.

D. Participation. The district will review the area to benefit from service by the water facilities to be constructed, and may determine participation by others for which the developer may be eligible for reimbursement from the participation amount contained within a refund or reimbursement agreement.

E. Refund or Reimbursement Agreement. If it is determined by the district that a main extension is eligible for participation, a refund or reimbursement agreement may be made between the developer and the district covering a refund period up to 10 years. The use and eligibility for such a refund or reimbursement agreement shall be subject to the district’s rules and regulations for such agreements as determined on a case-by-case basis.

F. Ownership of Water Main Extension. Upon completion of construction of a water main (including all appurtenances) and acceptance by the district, the developer shall provide a grant deed to the district for the water main; said grant deed shall be recorded and the water main shall become district property.

G. Connection to Water Main Extension. Water service from the main extension may be obtained when the extension has been deeded to the district. Service will be provided upon payment of current and applicable fees.

H. Subdivisions and Commercial Developments. This subsection applies to the construction of water system facilities for subdivisions and commercial developments. The water facilities shall be designed and constructed in accordance with the following requirements:

1. A developer proposing to subdivide a parcel of land or develop a residential tract, commercial or industrial site with the water system to be dedicated to, operated and maintained by the district shall make written application for service. The application shall state the assessor parcel number, tract map number (if applicable), parcel map number, subdivision or development name, location and other information required by the district. In addition, the final tract or parcel map, plans, profiles and specifications of streets and utilities are required.

2. Developer shall provide any and all necessary rights-of-way through an easement, dedicated right-of-way, or public road to construct all required water facilities.

3. Developer must provide a survey of necessary lot corners and pipeline alignment prior to construction.

4. The district shall specify and approve the design, location, size, type and standards of materials for all water facilities at the time of plan check.

5. Developer’s engineer shall prepare water plan drawings in accordance with the district’s Developer Handbook, Standard Drawings and Specifications requirements.

6. Streets must be constructed to final sub-grade prior to construction of water mains, and approved by the county of Riverside or the applicable local jurisdiction.

7. Curbs and gutters will preferably be constructed prior to construction of water mains. Staking, denoting face of curb elevation, along with service box, hydrant and other appurtenance location, will be required if curbs and gutters are not constructed prior to main installation.

8. All connections to existing district-owned water facilities must be performed and/or inspected by a district inspector.

9. Developer is required to construct the water system facilities including, but not limited to, the planning, engineering and system construction of on-site and off-site water mains and appurtenances, pumping facilities, storage reservoirs and water services.

10. Installation of water facilities by the developer must be performed by a district qualified contractor using district approved materials as indicated in the approved materials list located in the Developer Handbook.

11. An inspector provided by the district will inspect the construction of the water facilities at the developer’s expense.

I. Charges. At the times stated by the district, the developer shall make all required deposits and payments for:

1. Processing costs;

2. Capacity charge, construction and inspection costs;

3. Participation, development, capacity charges;

4. Cost of the water meters;

5. Estimated cost of water for flushing lines based on three times the capacity of the waterline, per rates established in the Fee and Rate Manual;

6. Other costs such as fees and charges which may be applicable;

7. All capacity charges will be based on the actual date of installation of the meter.

J. Refund or Reimbursement Agreement. When a developer has constructed water facilities required by the district for the purpose of serving more than the project being developed, the district will make a determination as to the participation in the incremental costs necessary to construct these facilities. If such participation is to be collected from future water users, an agreement for future refunds or reimbursements will be made with the developer for a period of time up to 10 years after the grant deed, or other applicable title, of the water system has been recorded. The use and eligibility for such refunds and agreements shall be subject to the district’s rules and regulations as determined by the district on a case-by-case basis.

K. District Participation. The district will analyze all water systems proposed for subdivisions and commercial developments to determine if any facilities or distribution pipelines must be increased in size or capacity to meet future needs. If so, the district will participate in the cost through an agreement or as otherwise determined by the district.

L. Ownership of Water Facilities. The developer shall cause a notice of completion to be recorded and shall provide the grant deed, or other applicable title document, to be recorded conveying the water facilities to the district.

M. Connection to Water Mains. Water service from the water mains may be obtained once the water facilities have been deeded, or otherwise conveyed to the district. Service will be provided upon application and payment of current fees and charges. Temporary water service for construction purposes may be obtained in accordance with applicable rules and regulations. (Ord. 392 § 2 (Exh. A), 2020)