REGULATIONS

SECTION 1

DEFINITION OF TERMS

1. APPLICANT means a person applying for a water service connection(s).

2. BOARD means the Lake Havasu City Council serving as the Board of Trustees of the District.

3. DISTRICT means the Lake Havasu Irrigation and Drainage District.

4. EFFLUENT means sewage, wastewater or other liquid after some degree of treatment, flowing out of any treatment device or facilities.

5. FULLY BURDENED HOURLY RATE means the rate charged for personnel services of the District including overhead and fixed asset replacement allocations.

6. GENERAL MANAGER means the City Manager of Lake Havasu City or designee.

7. INDUSTRIAL CUSTOMER means a customer engaged in a manufacturing business and whose business is located in the Industrial Zone of the City and whose business uses a minimum of 50,000 gallons per day (6,685 cubic feet).

8. IRRIGATION METER means a service being used for landscaping, or other purposes whose use does not result in a discharge to the sewer system and has been approved for use as an irrigation meter by the District.

9. MAIN means a water pipeline located in streets, highways, public ways, thoroughfares, easements or private rights-of-way, and which is used to serve the general public.

10. OPP means the City’s Operating Policies & Procedures Manual, which lists the City’s fees and charges as approved by ordinance.

11. PERSON includes a corporation, company, partnership, firm, association or society as well as a natural person.

12. PREMISES mean the integral property or area, hereby considered to be any legally recorded lot or parcel including improvements thereon, to which water service is or will be provided.

13. SERVICE CONNECTION means the pipeline extending from the District's main, whether located in a public thoroughfare or private right-of-way, to the curb line or property line of the water user's premises, together with the valves, meter and fittings necessary to connect to the water user's private pipeline.

14. UNTREATED WATER is water that has not been treated and cannot be used for domestic purposes (raw water).

SECTION 2

AUTHORITY OF GENERAL MANAGER

The General Manager may prescribe and enforce regulations not in conflict or inconsistent with existing regulations to implement the provisions, conditions and requirements regarding any matters hereinafter referred to in these Regulations.

SECTION 3

SERVICE CONNECTIONS

3-01 GENERAL POLICY

Service connections and meters shall not be installed until all applications and payments for all City utilities have been received by the District and a Grading or Building Permit has been issued.

3-02 APPLICATION FOR WATER

An application for water service must be signed by each applicant for water service, on a form supplied by the District.

(a) Charges for establishment of services are required in accordance with OPP # 5.105:

1. During normal scheduled hours.

2. After normal scheduled hours or for any unscheduled establishment of service.

(b) Deposit Requirement

1. New Customers. All new applicants for residential, residential on sewer, apartments, hotels, motels and condos water services will be required to pay a deposit fee in accordance with OPP # 5.101.

All other users’ deposit fees to be based upon average monthly bills as estimated by the Finance Department (minimum deposit fee in accordance with OPP # ____.)

2. Current Customers. The Finance Department shall be authorized to require additional deposit(s) of any current customer based on a review of delinquent payments. This deposit will be calculated to equal three (3) months of average billings. Refusal to pay additional deposits when required will result in termination of water service.

The deposit fee will be held on deposit for one (1) year. Refunds are made subsequent to one (1) year of satisfactory payment record.

(c) Letter of Credit. A letter of credit or statement of good payment history from the customer’s previous utility company will be accepted in lieu of the deposit requirement for new customers with the following conditions:

1. Letter must be from previous utility company and dated within 6 months of application for service.

2. Letter must cover a minimum of 12 months service with no more than 2 delinquent payments.

3. Letter must be submitted with application for water 2 days prior to the start of service.

(d) Notification of Change of Ownership or Occupancy. It shall be the duty of every person signing an application for water delivery and of every owner of premises to which water is delivered to notify the District of any change in the ownership or occupancy of said premises at least two (2) days prior to such change. Every applicant shall be liable for the water furnished until the District receives written notice to cancel and shut off the water when said applicant's liability shall cease except as to water furnished previous to said notice.

3-03 DESCRIPTION OF PREMISES

The applicant shall describe the premises or property to be served and only the premises so specified shall receive water through such service connection.

3-04 PREMISES TO BE SERVED

(a) Separate Premises. Separate premises under single control and management will be supplied through individual service connections unless the District elects otherwise. If the applicant wishes to utilize single service to the various premises, a legal lot combination must be applied for and approved prior to servicing the other premises.

(b) Multiple Units. Separate houses, building, living or business quarters or other uses on the same premises under single control or management, may be served by either of the following methods:

1. Through separate service connections to each or any unit provided that the pipeline system from each service is independent of the other and is not cross-connected, or:

2. Through a single service connection to the entire premises.

3-05 DIVISION OF PROPERTY

Whenever property having a service connection is divided into two or more parcels, an existing service connection should be considered as belonging to the parcel which it directly enters, and new service connections shall be secured for the remaining parcels. All costs shall be at the expense by the property owner(s).

3-06 INSTALLATION

Only duly authorized employees or agents of the District shall install a service connection from the District's main to the water user's premises, unless prior written authorization is obtained from the District. No water service or meter will be installed until the appropriate Grading Permit, Building Permit, or Right-of-Way Permit, and Utility Services applications have been submitted and approved and all fees paid. For any existing premises, no water service or meter will be installed until the appropriate applications (Utility Services, Zoning Use Permits, etc.) have been submitted and approved and all fees paid.

3-07 SERVICE SIZE AT LOCATION

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. Customarily, a service connection will terminate at a point within the City's right-of-way. The applicant is responsible to insure that the correct size meter is requested. The applicant must bear all costs associated with a change in meter size after installation. The charge for an increase in meter size or for additional meters shall be at actual cost using the fully burdened hourly rates for labor and equipment, and the cost of materials.

In locations where the applicant's premises do not directly abut on a public thoroughfare, the District at its option may provide a service connection of conventional length terminating at some practicable location on public property, and the applicant has the responsibility of providing a connection thereto. The applicant's pipe to connect to the District's service connection should not be laid until the service connection is installed. In the event the applicant's pipe is laid prior to the time the service connection is installed, and its location does not correspond with that of the service connection, then the applicant must bear the additional cost of connecting the service connection pipe with the applicant's pipe.

3-08 APPURTENANCES

(a) Stops and Valves. Each service connection shall have a meter stop, on the inlet side of the meter, for exclusive use by District in controlling the use of the water through the service connection and meter and a check valve on the outlet side of the meter, all within the meter box. If either, or both, of these valves are damaged by the water user, the District shall have the right to charge the water user for the replacement of the valves.

(b) Meters. All regular and temporary (construction, etc.) service connections shall be metered at all times. Customarily, meters will be installed in public property adjacent to the curb or property line, but at the option of the District, they may be installed on the water user's property in an appropriate housing. No rent or other charge will be paid by the District for a meter located on the water user's property, and the District shall have unimpeded access across the property to the meters at all times. Meters will be sealed by the District at the time of installation and no seal shall be altered or broken except by one of the authorized employees or agents of the District. If a meter is damaged by a water user, the District shall have the right to charge the water user for the replacement of the meter.

3-09 RESPONSIBILITY

The District's responsibility ends at the water user's side of the meter or, in the case of an unmetered or other special installation, at the point where the District's facilities end.

3-10 OWNERSHIP, MAINTENANCE AND REMOVAL

All services, valves and water meters installed by the District remain the property of the District and shall be maintained, repaired and renewed by the District when rendered unserviceable through fair wear and tear; provided that where replacements, repairs or adjustments of any meter are rendered necessary by the act, negligence, or carelessness of the water user, family, authorized agents, representatives or their employees, any expense caused to the District thereby shall be charged against and collected from the water user.

3-11 GROUND WIRE ATTACHMENTS

The District will hold the water user or any individual or organization liable for any damage, including but not limited to injury that occurs to any person(s) attaching said wire or any other modifications not stated herein to its property which may be occasioned by the attachment of any ground wire or wires to any plumbing which is or may be connected to a service connection or main belonging to the District.

3-12 ACCESS TO PREMISES

The District, or its duly authorized agents, shall at all reasonable times have the right to enter or leave the water user's premises for any purpose properly connected with its operations.

3-13 UNUSED SERVICE CONNECTION

An activated connection which has not been used for a period of five years shall be considered dead and service shall be terminated. Thereafter, any person desiring water service for the premises, or any portion thereof, formerly supplied by such dead service shall make application for new service connection and pay the current charge for new service before the connection will be re-activated.

3-14 PRESSURES

All applicants for service connections or water service must accept and consent to such conditions of pressure and service as may exist from time to time, in accordance with the current operating practice prevailing on the distribution system of the District, at the location of the service connection and to hold the District harmless from any damages caused by a low or high pressure, fluctuation of pressure or interruption of service.

3-15 QUICK CLOSING VALVES

No person or water user shall install or use a quick closing valve or other device when such valve or device during its operation causes a water hammer or an abrupt change of pressure in any District service lines or pipes. Reestablishment of service will be required after correction to the system has been verified by the District. A reconnect fee will be assessed in accordance with OPP # 5.____.

3-16 BACKFLOW PREVENTION DEVICES

An approved backflow prevention device shall be installed on the property side of all service connections to City water mains except those excluded in Lake Havasu City's Backflow Ordinance, which is Chapter 8.20 of the Lake Havasu City Code, incorporated herein by reference. Backflow prevention devices must be installed by and maintained at the expense of the water user.

3-17 ONSITE WATER METERS

Any installation of a water meter shall be subject to the following Chapter of the City Code authorized by the District on the water users’ property pursuant to Section 3-08(b) herein, shall be subject to the following terms and conditions:

1. Multiple meters may only be permitted on private property for multiple-unit (i.e., 3 or more) developments located on the same lot of record or for other developments with separate lots of record with private internal streets and/or common areas where this city may or may not own the water main.

2. Developer/property owner shall file an application requesting that multiple meters be installed on private property and certifying they have read and will comply with all sections of the IDD Rules and Regulations at the time of their first submittal for their project. Approval of the application shall be at the option of the District pursuant to Section 3-08(b) herein.

3. All individual property owners shall be required to file for an application for water pursuant to Section 3-02 herein, prior to water service being extended to the individual property.

4. The developer/property owner shall, prior to installation of the meter, grant the City a perpetual easement recorded with the Mohave County Recorder to run with the land granting unlimited access to the meters at all times. Developer/property owner shall be responsible for completion of the easement form and recording with Mohave County including all costs associated therein.

5. The onsite meters shall be placed below grade in the common areas of the development, and within 1’-2’ of back of sidewalk along the roadway, or if no sidewalk, then the same distance from back of curb or edge of pavement. No aboveground installations will be allowed, nor will any installations inside buildings be allowed.

6. A main shut-off valve will be required in the city right-of-way, at the property line, on the main service line feeding the property. If a combination main service/fire line is installed, the main shut off valve may be located on the property, in a location approved by the Fire Marshal, and the developer/property owner shall be responsible for installation, maintenance and operation of the entire water service and all appurtenances from the water main in the public street up to and onto the property with the exception of the water meter itself (see Item 8 below). The City shall have the right to operate the main shutoff valve at the property line at all times or in the case of a fire line, the main shutoff valve on the property.

If a separate main service line is installed, the City will maintain and operate the service line from the water main to and including the main shutoff valve at the property line.

7. The developer/property owner shall install and maintain an approved backflow prevention device, in accordance with Chapter 8.20 of the Lake Havasu City Code, on each metered service line feeding each unit, unless an approved backflow prevention device is installed near the property line onsite on the main water service line. Said backflow prevention device shall be located on the private property after the meter but as close to the meter as possible. This backflow prevention device shall be in addition to any cross-connection control devices required by the International Plumbing Code.

8. The City shall only be responsible for the installation, maintenance and operation of the meter itself, including the isolation valves located on each side of the meter. The developer/property owner shall be responsible for the installation, maintenance and operation of all other water facilities onsite, including any improvements constructed above or around the water facilities and the meter. The City shall retain ownership of the meter, isolation valves and meter box. The installation of the appurtenances for the water service (i.e., meter, isolation valves, shutoff valve, backflow prevention devices, meter boxes, etc.) and for the water service itself shall be in accordance with Lake Havasu City standards. If a combination main service/fire line is installed for the potable water services, all materials for the line and appurtenances shall meet Lake Havasu City standards for potable water service and fire lines. The developer/property owner shall further be responsible for the protection of the meters and the enclosures in which they are located. The metered services may be tapped off the onsite fire line or a separate main service line. If a separate main service line is installed, the City will be responsible for the maintenance and operation of this line from the water main to and including the shutoff valve at the property line.

At the developer/property owner’s option, the City will install the main service line (if it is a separate service line) in the public right-of-way from the water main to and including the main shutoff valve at the property line. The property owner/developer will be responsible to pay for all costs associated with the installation, on an actual cost basis using fully burdened hourly rates and material costs delivered to the job site.

9. The City may at any time in the future install at the developer/property owner’s sole expense, a master meter on the main line and remove the individual meters if illegal connections or other violations of these regulations occur or, in the alternative, shut off water service at the right-of-way line if these violations occur. The City shall give developer/property owner ten (10) days notice of intent to exercise its rights under this paragraph. Owner will have the opportunity for a hearing before the City Manager or his designee by contacting the Public Works Director or designee within the ten (10) day notice period. Additionally, the City may shut off any individual water meters as set forth in Section 8-11 herein.

10. Fees. Any installations pursuant to this section shall be subject to all applicable fees, charges, rates and development fees. Standard meter installation fees will be charged for each meter placed onsite or in the public right-of-way, as set forth in Section 4 herein.

SECTION 4

INSTALLATION CHARGES - REGULAR SERVICE CONNECTIONS

4-01 NEW SERVICES

The following procedures must be adhered to when application is made for any new water service.

Single Family and Duplex Residential. No application for water service to undeveloped premises will be accepted unless accompanied by an application for a Grading or Building Permit on that premises. No water services will be installed on premises that do not have an active Grading or Building Permit in effect. Upon review of the Utility Services application, payment of appropriate fees, and issuance of a Grading or Building Permit, the water service will be installed.

Multi-Family, Commercial, and Industrial. The procedures outlined in the most recent version of the "Public Works Department Development Review Procedures" document, available through the Public Works Department, must be adhered to when applying for water service to any new construction on a premises.

Upon determination of the service and meter sizes and approval of the Utility Services application, the appropriate fees must be paid prior to scheduling the installation of the service. No water services will be installed on premises that do not have an active Grading or Building Permit. Charges per connection will be in accordance with OPP #5.101.

Charges per connection for service of meters one inch or less shall be in accordance with OPP #5.101.

Charges per connection for service meters larger than one inch shall be at actual cost using fully burdened rates. A deposit will be required, as set forth in Section 3.02 herein, for installation of meters larger in size than 1-inch in accordance with OPP # 5.____. After meter installation the District will refund any unused deposit within 20 days. If actual cost exceeds the deposit, the applicant will be billed the extra amount which shall become immediately due and payable within 20 days. Should payment not be made within 20 days, water service shall be discontinued until the bill, together with an additional charge for restoration of service, is paid.

Should it become necessary for pavement to be removed for installation of City connections, there will be an additional fee for the replacement of such pavement. These charges will be billed at actual cost using fully burdened hourly rates.

4-02 RELOCATION

The charge for the relocation of service connections shall be at actual cost using the fully burdened hourly rates for labor and equipment, and the cost of materials. Payment shall be made as set forth in Section 4-01(b) herein.

TABLE OF CONTENTS

TABLE OF CONTENTS

SECTION 1

SECTION 2

SECTION 3

INSTALLATION CHARGES - REGULAR SERVICE CONNECTIONS