Chapter 13.12
IRRIGATION WATER
Sections:
13.12.010 Sale, distribution and regulation.
13.12.020 Authority of watermaster.
13.12.040 Cutting off of water.
13.12.050 Liability for drought or damage.
13.12.070 Fees – Payable when – Record keeping.
13.12.080 Impeding flow of water in certain drain ditch.
13.12.090 Violation – Penalty.
13.12.010 Sale, distribution and regulation.
All irrigation water passing through the city of Culver, whether purchased from the Bureau of Reclamation, wastewater, or otherwise shall be subject to sale, distribution and regulation by the common council of the city of Culver. [Ord. 901 § 1, 1989.]
13.12.020 Authority of watermaster.
The watermaster, appointed by the common council of the city of Culver, shall have the right to regulate the use of all irrigation water within the city of Culver, and to see that it is equitably distributed among the residents of the city of Culver, and shall, in case water cannot be provided when requested by all residents of the city of Culver, designate days or times when water will be available at each particular locality within the town. All water users shall comply with the schedules set by the watermaster and no person shall turn out water or in any way divert water without the permission of the watermaster. [Ord. 901 § 2, 1989.]
13.12.030 Blocking of water.
No person shall block any ditch so as to absolutely stop the flow of water at any time whatsoever, and structures which partially block the flow of water in the ditch must be approved by the watermaster of the city of Culver prior to their use by individual residents of the said city. [Ord. 901 § 3, 1989.]
13.12.040 Cutting off of water.
The city council on report by the watermaster shall cut off the supply of water to any premises which is using too large a share of water, thus depriving the rest of the residents of the city of Culver of their fair share of the water then available for distribution. The city council shall likewise cut off the supply of water to any premises of persons causing a nuisance by negligent disposal of wastewater. [Ord. 901 § 4, 1989.]
13.12.050 Liability for drought or damage.
In the event water cannot be provided by the Bureau of Reclamation or those operating the Jefferson Water Conservancy District, the city of Culver shall in no way be liable for any drought or lack of water or damage suffered by any person from lack of water whatsoever. [Ord. 901 § 5, 1989.]
13.12.060 Fees.
No irrigation water shall be used from any ditches running through the city of Culver, whether constructed by the city, or an individual, without payment to the city of Culver for the use of said water of the following fees:
A. On all portions of the city of Culver which lie east of the railroad tracks, except as hereinafter specified, the rate for irrigation water for the calendar year shall be as authorized by city council resolution. A lot shall be considered a platted lot of 50 feet by 100 feet, or a tract of ground approximately 50 feet by 100 feet.
B. All land west of the railroad tracks and the Culver schools, and the Future Farmers of America (FFA) land lying east of the railroad tracks, shall be charged for irrigation water as authorized by city council resolution. [Ord. 904 §§ 3, 4, 1993; Ord. 901 § 6, 1989.]
13.12.070 Fees – Payable when – Record keeping.
Payment of the abovementioned fees shall be made prior to the use of such water to the watermaster of the city of Culver, or to the city recorder. All fees collected by the watermaster shall be turned over to the city recorder who shall keep a full and complete record of all the water users within the city of Culver. [Ord. 901 § 7, 1989.]
13.12.080 Impeding flow of water in certain drain ditch.
No person, persons, partnership, company, firm or corporation shall build or erect any dam, gate, impediment or other structure which in any way impedes the flow of water to any extent whatsoever in the waste ditch which enters the city of Culver at the southeast corner of the city limits of said city and on the west of Highway 97, old route, and proceeds north one block to the south side of “G” Street, thence west to the east side of Second Street, thence north to the north side of “D” Street, thence west to the west side of Fourth Street, thence north to the south side of “B” Street, thence west to the east side of Sixth Street, thence in a northwesterly direction to the railroad right-of-way of the S.P. & S. Railway. [Ord. 900 § 1, 1989.]
13.12.090 Violation – Penalty.
A person who shall violate a provision of this chapter, or fail to comply therewith, or with any of the requirements thereof, shall be guilty of a Class C infraction punishable by a fine of not less than $5.00 nor more than $100.00. [Ord. 901 § 8, 1989.]