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Rules and Regulations

CLIFTON WATER DISTRICT AND THE CLIFTON WATER ACTIVITY ENTERPRISE RULES AND REGULATIONS

INTRODUCTION 

The Clifton Water District is a political subdivision of the State of Colorado, and a Special District within the meaning of the Special Districts Act, C.R.S. § 32-1-101 et. seq.  The District was formed on March 5, 1951, in Mesa County, Colorado. 

The purpose of the District is to supply water to the inhabitants of the District for domestic, and other public and private purposes, by any available means and to provide all necessary reservoirs, pump stations, treatment works and facilities, equipment, and appurtenances incident thereto.  The District may also furnish services and facilities outside its boundaries in accordance with C.R.S. § 32-1-1001 (1)(k).   In order for the District to fulfill its purpose in a manner that will serve a public use and promote the general welfare, the District may exercise any and all rights and powers granted to it under the Special District Act ,C.R.S. § 32-1-101 et seq. and other laws of the State of Colorado. 

The Clifton Water District has created an enterprise, known as the Clifton Water Activity Enterprise, to conduct all of its water activities.  The Enterprise shall manage, operate, use, maintain, and conduct all water activities, services, and facilities of the District.  The Enterprise is authorized to use, operate, improve, extend, enlarge, repair, replace, acquire, dispose of, encumber, contract with respect to, and otherwise control and supervise, all Water Activity facilities and property of the District.  The Enterprise itself shall be wholly owned by the District.  The Board of Directors of the District shall be the governing body of the Enterprise. 

MISSION STATEMENT 

Our Mission, Your Water

At the heart of everything we do is a simple promise:
To provide our community with safe, high-quality drinking water through a commitment to excellence, integrity, and innovation—while honoring the value of our employees, supporting their families, and delivering exceptional service to our customers.

Every drop tells the story of our dedication—to our neighbors, to our team, and to a future where quality and care always come first. 

PURPOSE AND SCOPE OF RULES AND REGULATIONS 

The provisions of these Rules and Regulations shall be binding on each customer, user, developer or other person who receives benefits from the District’s system. Each customer, user, developer or other person, by purchasing a tap, using water from the District’s system, connecting to the District’s system, or otherwise receiving benefits from the District’s system shall be deemed to have expressed their consent to be bound by the provisions of these Rules and Regulations, as they may be amended from time to time by the Board of Directors.

The Board of Directors may, in its sole discretion, grant a variance from any of the provisions of these Rules and Regulations in instances where the literal interpretation or strict application of these Rules and Regulations would create an unnecessary and undue hardship on the applicant for the variance, or where other special circumstances exist which were not created by the applicant. The granting of a variance shall avoid conflicts with the goals, policies and guiding principles of these Rules and Regulations to the greatest extent possible, and the granting of a variance for one person or parcel of land shall not create a precedent for granting a variance to or for other persons or parcels. Variances may contain any terms and conditions that the Board of Directors determines are necessary to address the situation for which the variance is granted, which terms and conditions may include, without limitation, different or increased fees and charges for water service than those fees and charges set forth in these Rules and Regulations.

When these Rules and Regulations call for a decision by the District, or an approval, denial, determination, opinion or other action by the District, such decision or other action shall be made by the Manager of the District or by another employee of the District to whom the Manager or these Rules and Regulations has delegated authority for the decision or other action. If any person is not satisfied with the decision or other action taken by the Manager or other employee, that person shall be entitled to request that the Board of Directors review the decision. This request shall be made to the Manager within ten (10) days after the decision or other action has been made or taken, and the Manager shall place the matter on the agenda for the next regular Board of Directors meeting, if the request is made at least seven (7) days before the board meeting, or if not, for the next following regular board meeting. If a request for review by the Board of Directors is not timely made, the decision of or other action taken by the Manager or other employee shall be final.

It is hereby declared that the Rules and Regulations hereinafter set forth will serve a public use purpose and are necessary to ensure and protect the health, safety, prosperity, security and general welfare of the inhabitants, employees, and Directors of the District. 

These Rules and Regulations shall be treated and considered as new and comprehensive regulations governing the operations and functions of the District and shall supersede all previous versions of Rules and Regulations as well as informal practices and policies of the District, which practices and policies may be in conflict with the provisions hereof. 

DEFINITIONS 

Unless the context specifically states otherwise, the meaning of the following terms when used herein shall be as set forth below: 

Accessory Dwelling Unit. (ADU) means an internal, attached, or detached dwelling unit that: (a) Provides complete independent living facilities for one or more individuals; (b) Is located on the same lot as a proposed or existing primary residence; and (c) Includes facilities for living, sleeping, eating, cooking, and sanitation.

Actual Cost. Shall mean all direct costs applicable to the construction of a given facility, including, but not limited to, surveys, construction, preliminary and design engineering, inspection, administrative and legal costs, regulatory agency fees, all required easements for land, “as-built” drawings, and other costs necessary for project completion. 

Applicant. Shall mean any person who applies to the District for service or for connection to or disconnection from the District’s Facilities, who applies for a main extension or other such Service or who attempts to have real property included within or excluded from the District. 

Board or Board of Directors. Shall mean the duly elected or appointed Board of Directors of the District which acts as the governing body of the District. 

Contractor. Shall mean any person or entity who performs work or furnishes materials to property within the District or undertakes to construct, alter, move, demolish, repair, replace, excavate or add to any District Facilities or Service Lines. 

Cross-Connection. A physical connection through which a supply of potable water could be contaminated or polluted.  A cross connection is a connection between the potable water supply provided by the District and a supply of water of unknown quality from any other source.

Customer. Shall mean any person who is connected to or physically using the District’s System or authorized to connect to the District’s System.

Customer’s Service Line .  The pipe, line or conduit that transports water from the District’s System to an individual house, structure or parcel.  The Customer’s Service Line begins at the point the service line connects to the meter yoke or nipple on the downstream side of the meter, immediately outside the meter pit. 

Developer. Shall mean any person or entity who is engaged in the development, redevelopment, or subdivision of real property within the District’s service area.  A developer does not include an individual building a residence for the individual’s own use.

District.  The Clifton Water District and the Clifton Water Activity Enterprise.

District Facilities.  All of the infrastructure owned, operated or utilized by the District to divert, collect, store, transport, transmit, treat, distribute and deliver water to its customers and users.

District’s Service Line. The pipe, line or conduit that extends from the District’s water main that serves a parcel to the point at which the Customer’s Service Line begins.

Dwelling Unit.  One or more habitable rooms that are arranged, occupied or intended or designed to be occupied by not more than one family or group of individuals with facilities for living, cooking, sleeping, eating and sanitation.  If a question arises as to whether a structure is a dwelling unit, the District, in its sole discretion, will make the determination.

Employee. Shall have the same meaning as “public employee” in C.R.S. § 24-10-103(4), as it may be amended from time to time.

 Fees and Charges. All water rates, fees, charges, penalties, damages, interest, and all other fees and charges related to the provision or discontinuance of water service by the District to a parcel of land. 

District Manager or Manager.  Shall mean the board-appointed Manager of the District.

Inspection Fee. Shall mean a fee imposed by the District to cover the costs incurred by the District in the inspection of tap connections, line installations, system extensions and expansions, payable to the District. If multiple inspections are required because of poor installation or poor scheduling on the part of the Developer Contractor or individual owner, the Manager may charge additional fees based on costs, hourly rates and expenses incurred by the District. 

 Inspector. The person or persons duly authorized by the District to ensure that proper construction specifications are followed.

Master Meter. A tap or metered connection where more than one dwelling unit is served by a single meter in connection with multiple family residential water service.

May is permissive.

Meter.  The mechanical device, installed by the District authorized personnel, that records the volume of water passing from the District’s distribution system to the customer’s service line. 

Parcel or Parcel of Land.   A tract of land that has been assigned a unique parcel number by the Mesa County Assessor.

Residential Tap Fee.  The fee established by the Board of Directors for residential units, calculated by combining the Base System Development Fee (based on the size of the unit and irrigation) and the System Impact fee (based on the size of the meter) , that is due and payable at the time of water service application and signing of the water service agreement.  See Exhibit II.

Non-Residential Tap Fee. The fee established by the Board of Directors for all units other than residential, based on the size of the meter and location within the District, that is due and payable at the time of water service application and signing of the water service agreement. 

Rules and Regulations. Shall mean the Rules and Regulations adopted by the District including all amendments, policies, and resolutions. 

Service Connection.   The physical connection to the District’s water main and all of the apparatus necessary for the delivery of water from the District’s water main to and including the meter. 

District’s Service Line. The pipe, line or conduit that extends from the District’s water main that serves a parcel to the point at which the Customer’s Service Line begins.

 Shall is mandatory.

Tap.  The physical connection to an existing distribution line for the purpose of providing metered potable water service to a parcel of land or a structure through a service line.

User.  Any person to whom water service is rendered under the terms and conditions of these Rules and Regulations. 

 Water Service Agreement.  The agreement that the owner of a parcel or the owner’s representative must sign before a new water tap and meter is installed to serve the parcel or an Accessory Dwelling Unit is approved. 

Water Main.  Any water pipe, line or portion thereof owned and operated by the District. 

Wet Tap.   A connection by District-authorized personnel to an existing pressurized water main for the purpose of extending or expanding the distribution system. 

 

SECTION A

Ownership and Operation of Facilities

1. RESPONSIBILITIES OF THE DISTRICT 

The District is responsible for the collection, treatment and distribution of water for potable domestic purposes and other beneficial uses consistent with these Rules and Regulations, as well as the maintenance, repair and replacement of all water mains, valves and service facilities owned by the District. The District will repair or replace defective or faulty water meters, and will repair, replace or expand the District’s system with its own maintenance personnel or with approved and authorized contractors under the supervision of District personnel.

2. LIABILITY 

The District is a political subdivision of the State of Colorado. Accordingly, the District is a “public entity” for purposes of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq., and the liability of the District and its officers, directors, employees, servants and volunteers for actions which lie in tort or could lie in tort is governed by the Governmental Immunity Act, as it may be amended from time to time. Other statutes and laws may also afford certain privileges and immunities to the District and its officers, directors, employees, servants and volunteers. Nothing in these Rules and Regulations shall be construed to create any liabilities or to waive any of the immunities, limitations on liability, or other provisions or protections of the Governmental Immunity Act or of any other statutes or laws applicable to the District or its officers, directors, employees, servants and volunteers. Without limiting the generality of the preceding paragraph, the District shall not be liable or responsible for, and no claim for damage may be made against the District, because of but not limited to any of the following: inadequate or excessive pressure; interruption of service; the breaking of any service line, water main, distribution line, transmission line, or other line; failure of the water supply; shutting off or turning on water in the water mains; making connections or extensions; or, damage caused by water running or escaping from open or defective faucets or other appurtenances; burst water pipes, damage to water heaters, boilers, appliances, or other water facilities not owned by the District, which results from shutting water off, turning water on, thermal expansion, inadequate or sporadic pressures, or other causes; or for taking any necessary measures relating to the District’s water system.

The District is not liable for maintaining water pressure to any location above 4,800 feet elevation.  The District assumes no responsibility for direct or consequential damages suffered by customers or other water users to their person or property as a result of termination of water services for nonpayment of charges, or for temporary shut-offs deemed necessary by the District.

SECTION B

USE OF THE DISTRICT'S SYSTEM

1. AUTHORIZATION 

The following activities relating to the District’s System require prior authorization from the District:

  1. To uncover, make any connection with, or opening into, use, alter or disturb any part of the District’s System.
  2. To utilize a hydrant wrench or valve shut-off key on any District water line or appurtenance.
  3. To connect a water well or water from any source other than from the District to any portion of a Customer’s or User’s domestic water system downstream from the customer’s meter.

Any person who maliciously, willfully, or negligently breaks, damages, destroys, uncovers, defaces or tampers with any structures, appurtenances or equipment which are part of the District’s System shall be subject to payment of damages to the District and may be prosecuted to the full extent of the law. Nothing in these Rules and Regulations shall be deemed to prevent a Customer or User from turning off the shut-off valve on the Customer’s meter for emergency or repair purposes.

The customer or plumber/contractor may open the meter pit and turn off the water service in the instance of a water leak or other emergency downstream of the District meter and meter pit.

The customer or plumber/contractor is not allowed to physically enter into a vault, i.e. confined space.  Only District staff will enter a District vault.

SECTION C

SECTION D

 

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