Rules and Regulations
CLIFTON WATER DISTRICT AND THE CLIFTON WATER ACTIVITY ENTERPRISE RULES AND REGULATIONS
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.
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.
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.
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
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.
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
The following activities relating to the District’s System require prior authorization from the District:
- To uncover, make any connection with, or opening into, use, alter or disturb any part of the District’s System.
- To utilize a hydrant wrench or valve shut-off key on any District water line or appurtenance.
- 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.
- All Customers, Users, Developers, and others who obtain benefits from the District’s system shall comply with and abide by these Rules and Regulations and all other contracts or agreements entered into with the District.
- No person shall connect any equipment, irrigation system or mechanism to a customer’s water system, or use any water treating chemical or substance if such equipment, mechanism, chemical or substance could cause degradation of the District’s water supply by backflow, without first installing a Backflow Prevention Device (BFPD) approved by the District.
- All Customers shall take note that there is no waste way in the shut off at the meter or at the main, and that any water standing in the pipes when water is turned off at the meter or main will remain there unless drained. All Customers having boilers, pressure pumps, or other appliances on their premises that depend on pressure or on a continual supply of water for proper functioning shall provide, at their own expense, suitable safety appliances to protect their property against a stoppage of water supply or loss of pressure. Customers will also be responsible for the protection of their plumbing system against pressure fluctuations and/or thermal expansion which can result from these devices or from BFPDs.
- Each Customer shall be responsible for maintaining the entire length of the Customer’s Service Line from the point of beginning of the Customer’s Service Line, just outside of the meter pit, to the structure(s) or parcel served. Leaks or breaks in the customer’s service line shall be repaired by the customer in a timely manner. If District personnel discover, determine or confirm the existence of a leak, the Customer will be notified. If satisfactory progress toward repairing the leak has not been accomplished within a reasonable length of time, as determined by the District, the District may shut off the service until the leak(s) or break(s) have been repaired.
- All Customers shall be responsible for any maintenance necessary to ensure the meter and meter pit remain free of fences, shrubs or any other debris or obstruction which could hinder the reading, service, and maintenance of the meter and any other part of the system.
- Only the loss of metered water that is a direct result of underground leaks or underground breaks in the Customer’s Service Line will be considered for leak adjustments[1], and only after the District confirms the repair. A customer shall be entitled to no more than one leak adjustment to the customer’s water bill in any consecutive twelve (12) month period and, when approved, leak adjustments will cover a period of water loss not to exceed two monthly billing periods. Leak adjustments that fall outside of the District’s policy may be approved at the discretion of the District Manager. The complete District policy for approved leak adjustments is set forth in Exhibit I – Leak Adjustment Policy.
- The District will require, at the Customer’s expense, the installation of a Backflow Prevention Device (BFPD) on all new service connections or any existing service connection when, in the opinion of the District, the service connection poses a threat to the District’s water supply from backflow.
- Pursuant to the Federal Safe Drinking Water Act and Article 11.39 of the Colorado Primary Drinking Water Regulations (Regulation No. 11 of the Colorado Department of Public Health and Environment, Water Quality Control Commission, 5 CCR 1002-11), it is the District’s regulatory responsibility and policy to:
- a. Identify potential hazardous service connections.
- b. Require the installation of containment devices on identified health hazard service connections, with approved BFPDs.
- c. Inspect and approve the installation of all BFPDs, if so required.
- d. Require the testing and maintenance as necessary upon installation, and at least annually thereafter, of all District-required BFPDs by certified cross- connection control technicians.
- Cross connection control and backflow prevention shall be implemented and administered in accord with all applicable federal and Colorado statutes, policies, rules and regulations, including without limitation the Colorado Cross-Connection Control Manual published by the Colorado Department of Public Health and Environment, as that manual may be revised from time to time.
- The test results for a BFPD after its initial installation, and the annual test results for a BFPD, shall be provided by or on behalf of the Customer to the District promptly after each test is completed. If a BFPD is not tested upon installation, and at least annually thereafter by the Customer, if the test results are not promptly provided to the District, or if the customer does not maintain the BFPD in proper working order, the District may discontinue water service to the parcel served by the BFPD until the issue is resolved to the District’s satisfaction. The District may, at its sole discretion, perform tests and/or assess a fine for non-compliance with the District’s Backflow Prevention Cross Connection Control policy (BPCCC), included as Exhibit III.
Any expansion, extension or enlargement of the District’s System shall conform to the District’s standard construction specifications and District-approved construction drawings submitted by the developer or the developer’s engineer. The point of connection to the existing system will be determined by the District or by the Developer, subject to approval by the District. Physical connection will be made by District authorized personnel following receipt of wet tap connection fees and other applicable fees[1], if any.
- Expansion of Service for New Developments: The Developer of a new subdivision or other development will be responsible, at the Developer’s expense, for installing all components of the new water system from the point of connection to the District’s water main to and within the new subdivision or development, including meter yokes and meter pits. The Developer shall warranty the components of the new water system that it installs against defective material and workmanship for a period of eighteen (18) months following acceptance of the components by the District. Following completion of the installation of the new water system components, the District will inspect the installation for trench compaction, pressure, disinfection and other matters. The Developer shall correct any deficiencies and complete any work noted by the District’s inspection. When the installation passes the District’s inspection, the District will issue a final acceptance letter to the developer, and the eighteen (18) month warranty period will commence upon the issuance of that letter. After acceptance by the District, the District will own, operate and, after the eighteen (18) month warranty period expires, maintain the new water system components in the same manner as all other components of the District’s System. The Developer must provide, at no cost to the District, one (1) Grand Valley Irrigation Company[1] (GVIC) share for every seven (7) lots added to the District. If the Developer is not able to contribute the required GVIC shares for the development, the Developer can pay a pro-rated Water Right Development Fee to the District in lieu of the shares based on the number of units in the development. Example: 5 units would pay 5/7 of the most recent Board approved Water Right Development Fee. GVIC shares and Water Right Development Fees for multi-family townhomes, condominiums and apartments, and commercial developments are set forth in Exhibit IV – Water Rights Policy for New Developments.
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Water Main Extensions or Enlargements: When growth or development is proposed in an area within the District where the existing District’s water system does not have sufficient capacity, in the opinion of the District, to meet the anticipated demand of the growth or development, the Customer or Developer will be required to install, at the Customer or Developer’s expense, a water main extension or enlargement of adequate size to serve the Customer or development. The extension or enlargement will be installed, whenever possible, within the north or east half of a dedicated public road right-of-way. From the point of connection to the District’s water main, the extension or enlargement will run within a public road right-of-way to a point beyond any property frontage improvements or, at the discretion of the District, for the entire width of the subject property frontage. The Customer or Developer shall warranty the extension or enlargement that it installs against defective material and workmanship for a period of eighteen (18) months following substantial completion of the extension or enlargement. Following substantial completion of the installation of the extension or enlargement, the District will inspect the installation for trench compaction, pressure, disinfection and other matters. The developer shall correct any deficiencies and complete any work noted by the District’s inspection. When the District agrees that the installation has been substantially completed, it will issue a letter to the developer accepting the extension or enlargement, and the eighteen (18) month warranty period will commence upon the issuance of that letter. After acceptance by the District, the District will own, operate and, after the eighteen (18) month warranty period expires, maintain the extension or enlargement in the same manner as all other components of the District’s System.
- a. ) The District may enter into a water main extension agreement with the Customer or Developer, administered by the District, whereby subsequent attachments to and/or services from the water main extension or enlargement, within a specified period of time, would require participation in the cost of the extension or enlargement. Fees collected pursuant to the agreement will be refunded to the original Customer or Developer, to any previously participating User, and to the District, based on the expenses each has incurred as part of the extension or enlargement.
- b.) The District may, but is not obligated to, participate in the extension or enlargement by contributing engineering services, materials, labor or finances in an amount or to the extent determined by the District. District participation will be considered only when the District determines either:
- the extension or enlargement provides needed benefits to existing Customers in the immediate area, such as increased volume or increased pressure, or
- a line larger than is necessary for the Customer or Developer is desired by or deemed beneficial to the DistrictWhen the District participates in an extension or enlargement, it shall also be entitled to the cost recovery of its investment pursuant to any water main extension agreement that is entered into with respect to the extension or enlargement.
- c.) When an extension or enlargement is installed, the District, at its own expense, reserves the right to abandon any existing parallel or nearby water lines and reconnect pre-existing Customers and distribution pipelines to the extension or enlargement.
- d.) The relocation of water service from the original parcel to another parcel is not allowed. The exception to this policy is if, as a result of a new development, the original tax schedule identification number is eliminated, a credit for the same size tap will be credited to the parcel so long as it was a portion of the original parcel prior to being subdivided. In most circumstances, the Contractor or Developer will remove the old tap and associated service material during the construction of the new development and will install the new taps, service line, and pit at their cost.
- Failure to pass District inspection: If the Developer or Customer fails to correct any deficiencies or complete any work noted by the District’s inspection of an expansion, extension or enlargement, the District, in its discretion, may refuse to accept the water system components constructed by the Developer or Customer, to connect the water system components to the District’s System or to issue taps, and it may take any other actions that are appropriate to address or respond to the failure of the Developer or Customer to correct the deficiencies or complete the work.
If a shortage of water supply or other reason determined by the Board of Directors, in its sole discretion, necessitates a curtailment of customer usage, the curtailment shall be accomplished in a sequence established by the Board of Directors, based on the severity and anticipated duration of the matter creating the necessity for the curtailment. This could include the implementation of the Board approved Emergency Water Rates. See Exhibit II.
SECTION C
ELIGIBILITY AND APPLICATION
Except as otherwise allowed by law, potable water services will be furnished by the District only to properties within the boundaries of and subject to the Rules and Regulations of the District.
- Parcels of land outside the legally described and recorded boundaries of the District that desire services from the District must petition for inclusion into the District in accordance with applicable Colorado statutes (C.R.S. § 32-1-401).
- Petitions for inclusion of individual parcels of land shall be made to the District in accordance with C.R.S. § 32-1-401 The petition shall describe the tracts or body of land owned by the petitioners and include a copy of the warranty deed, or other documentation satisfactory to the District, evidencing ownership of the subject parcel(s) of land to be in the name of the parties signing the petition.
- The petition for inclusion of an individual parcel of land into the District pursuant to C.R.S. § 32-1-401, shall be accompanied by a non-refundable deposit as listed in Exhibit II, provided, however, that the District may require a larger deposit for a petition if it anticipates higher costs with respect to the processing of the petition. This deposit shall provide for legal, advertising, court and recording costs incurred by the District in the completion of the inclusion process. Any costs or fees incurred by the District over and above the amount of said deposit shall be paid by the party seeking inclusion within ten (10) days of a written statement from the District for these additional costs or fees.
- New Customer - New Tap: Applications for new, potable water service must be signed and filed with the District by the owner of record of the parcel of land to be served, or the owner’s representative, on the form provided by the District, and accompanied by a copy of the Mesa County building permit, along with the appropriate tap fees and other fees[1], if any, prior to any action or connection to the District’s system.
- New Customer - Existing Tap: New Customers on an existing service connection must provide all pertinent customer information to the District before water service is provided through that connection.
- Responsibility for Charges: The owner of the parcel of land served by a District meter is responsible for all fees and charges related to the provision of water service to that parcel. If there is more than one owner of a parcel, all of the owners are jointly and severally liable for all fees and charges related to the provision of water service to that parcel. The owner(s) of a parcel may designate an agent, property manager, or tenant as the responsible party for receipt of statements and payment of the monthly water rates for water service to the parcel. Any such designation must be submitted to the District in writing, through the following acceptable forms or agreements;
- a. ) Property Management / Designated Agent: A copy of the property management agreement or agent designation, signed by the landowner(s).
- b.) Tenant(s): A completed and signed Third Party Notification form, as supplied by the District or completed on the District’s website. This form is to be signed by the landowner(s), or if accompanied by a property management agreement / agent designation, by the authorized property management staff member / designated agent. Third Party Forms signed by tenant(s) will not be accepted.
The parcel owner(s) will remain ultimately responsible and liable for all fees and charges associated with water service to the parcel. The District collects no deposit and assumes no responsibility for any agreements by or between landlord and tenant, between the parcel owner(s) and their agents, managers or other representatives, or between buyer and seller. A new owner of a parcel served by the District shall be responsible and liable for any fees and charges due to the District in connection with the provision of water service to that parcel to the extent such fees and charges have not been paid by the prior owner. If a new owner does not pay such fees and charges before receiving water service from the District, the District will add the outstanding fees and charges to the owner’s monthly billing statements for water service.
The District reserves the right to deny an application for water service, or withhold or discontinue existing water service, for any valid reason as determined by the District, including but not limited to the following:
- That the service applied for would create an excessive seasonal or otherwise undesirable demand on District facilities.
- For misrepresentation, either at the time of application to the District for water service or after water service is being provided, as to the use to be made of the water supply.
- That, in the judgment of the Board or District staff, service to the parcel is not reasonably feasible based upon engineering, economic or other relevant considerations.
- Based upon an unresolved obligation between the District and the applicant, customer or user.
- Inadequate documentation or failure to provide necessary easements for new water line installations serving the part.
- Failure to comply with District construction specifications.
- Failure to comply with backflow prevention requirements.
- Failure to allow the District to review new subdivisions or other proposed developments that would be served by the District.
- Failure to comply with or implement District requirements for serving new subdivisions or other proposed developments.
- The parcel to be supplied with water service is not within the boundaries of the District or is otherwise not eligible to receive water service from the District.
- Use of the water provided by the District for purposes that are illegal or otherwise not allowed under applicable law.
- Failure to comply with the Rules and Regulations.
If, through no fault of the District, the meter is not installed within six (6) months following the approval and purchase of meter to provide service to a parcel, the District may, at its sole discretion, refund the tap fees to the customer.
The Readiness To Serve fee is billed to Customers whose property remains connected or has been connected in the past, to the District’s system even though the property may be vacant or unused.
All installed meters are owned, operated and maintained by the District and may be replaced from time to time, at the District’s expense, as determined by the District.
The District will make reasonable efforts to direct the installation of the water meter in a location that is mutually agreeable to the parcel owner and the District, but the District reserves the right to determine the actual location at which the meter will be installed. No subsequent change in the meter or service will be made without the approval of the District.
- If, after the meter is installed, the owner of the parcel served by the meter requests its relocation for any reason, and the new location is acceptable to the District, the District will move the meter and the parcel owner will reimburse the District for the actual cost of the relocation.
- If, after the meter is installed, the Customer’s activities or property modifications result in the likelihood of damage to the meter, or render it inaccessible, the District may relocate the meter and bill the Customer for the actual cost of relocation.
- Meters are tied to the parcel of land they were originally intended to serve and will not be relocated to another parcel.
If the character of a parcel of land of any size which may or may not contain structures, but which does contain one or more District taps and meters, should change through subdivision, rezone, reclassification, development, redevelopment, or otherwise, and if either additional or fewer water taps or meters are necessary for the new uses and/or structures, the following regulations shall apply:
- Actual cost for relocation of existing meters will be paid by the parcel owner.
- Upgrading existing meters will require payment of the difference between the current tap fee of the existing meter(s) and the current tap fee of the new meter(s). If the size of a tap or meter is decreased, there is no refund.
- Additional meters will require applicable tap fees, at the current rates and a current Mesa County Building Permit must be issued for the parcel/structure before installation of an additional meter.
- If the new use is eligible for multi-family residential master metering, the current value of the existing meter(s) will be credited toward the master meter fee.
- Any unused water meters will revert to the District. No refunds of tap fees for those meters will be made.
- Applicable Backflow Cross-connection Control Regulations will apply.
SECTION D
TYPES OF SERVICE
All water service shall be metered by the District. The District reserves the right to critically review all proposed water uses and users as to their overall impact on the District’s collection, treatment, storage, and distribution systems. Unusual circumstances or special conditions may require separate written contracts with requirements in addition to those set forth in these Rules and Regulations as a prerequisite to, or in conjunction with, new or changed water service. Meters will be installed in public road rights of way or within a utility easement.
Unless it is deemed impractical by the District, the meter will be installed immediately adjacent to the property line of the parcel to be served in a location that is not subject to vehicular traffic. Each meter, tap, and service connection of the District shall be tied to a single, specific parcel of land. All water provided through a meter, tap, or service connection shall be used only on the parcel of land to which the meter, tap, and service connection is tied. The provisions of this paragraph apply to all types of water service described in this Section D except public fire protection water service (Section D, item 4) and fill station water service (Section D, item 6). The District serves high quality treated potable water to its Customers. The District’s policy is that this water should be provided and used to meet the potable water needs of its Customers and users. District water should not be used for irrigation or landscape maintenance purposes, if at all possible. Most areas within the District’s boundaries have access to untreated irrigation water for outside uses such as irrigation of lawns, gardens, and other landscaped areas. The District’s policy is to require all new parcels, subdivisions, and other developments to use untreated irrigation water, rather than treated water from the District’s system, for irrigation and other outdoor uses to the extent irrigation water is available. If irrigation water is not available, the District’s policy is to encourage the use of xeriscaping or other landscaping that requires little or no irrigation, rather than use of treated water from the District’s system. The District will adhere to these policies in reviewing water service to new parcels, subdivisions, and developments and in authorizing new taps.
The types of water service provided by the District are described below. The tap fees and water rates for water service are described in these Rules and Regulations. If a question arises as to which service applies to an anticipated or actual use of a parcel of land, the District will make the determination.
A single family residence shall mean a dwelling unit that forms a separate structure from any other dwelling unit and is the principal structure on the parcel of land on which it is located. A parcel of land that contains a single family residence may also contain an Accessory Dwelling Unit if allowed by Mesa County or the municipality in which the land is located. If a question arises as to whether a structure is a single family residence, the District will make the determination.
As a single family residential service, each single family residence and each accessory dwelling unit on a parcel of land shall have a separate tap and meter. Water needs for additional structures, improvements, or amenities on a single land parcel which are not dwelling units, and which are used solely for the personal pleasure, comfort and convenience of the customer may be served through the residential meter for either the single family residence or the Accessory Dwelling Unit. Tap fees and monthly water rates for single family residential water service are set forth in Exhibit II).
Multi-family residential dwelling units may consist of a single structure or multiple structures containing more than one dwelling unit. Examples include, but are not necessarily limited to, duplexes, fourplexes, apartments, condominiums, townhomes, Accessory Dwelling Units, and mobile home parks. Each unit may be individually metered, or all units may be served by a single master meter as described below. If each unit is individually metered, the tap fees and monthly water rates for each unit shall be the same as the tap fees and monthly water rates for single family residential water service. Residential master meter service is subject to the following provisions:
- Eligibility for master metering requires that the structure(s) be arranged in such a way that allows potable domestic water service from a single master meter, and that they remain under a single ownership or managerial control, such as a partnership, corporation or a homeowners or property owners association whose covenants have been recorded in the public records of Mesa County. Master metering may require separate written agreements between the owner/manager and the District. The District may require the owner/manager to provide copies of recorded covenants or other documents relating to the management of the multi-family dwelling units as a condition of providing water service.
- The fee for each master meter installed will be 100% of the applicable single family residential tap fee for a 5/8” meter for the first dwelling unit, and 70% of the 5/8” meter tap fee for each additional dwelling unit to be served by the master meter. The entire fee for the master meter shall be paid up front, at the time the meter is purchased, and meter size to be determined by the owner and/or developer. No dwelling units above and beyond the units upon which the initial tap fee was based shall be served by the master meter unless an additional tap fee has been paid to the District. The additional tap fee for these new units shall be 70% of the single family residential tap fee for a 5/8” meter for each new dwelling unit to be served by the master meter, based on the current tap fee in effect for such meter.
- One water bill for a master meter will be sent to the owner/manager of the structure(s) served by the master meter. Water service charges for all dwelling units to be served by the master meter will commence when the tap is purchased, regardless of the number of units that are actually receiving water service. The monthly water rates for water served through a master meter will be based on the monthly water rates for single family residential water service multiplied by the number of dwelling units served or to be served by the master meter. That rate shall include up to 3,000 gallons of water multiplied by the number of dwelling units served by the master meter. The monthly water rate for each additional rate tier will be the same as the rates set forth for single family residential water service, except that the amount of water to which each tier applies shall be calculated by multiplying the gallons of water allowed for that tier by the number of dwelling units served or to be served by the master meter.
- If, after establishing master meter services, the individual dwelling units are individually metered by the District, an additional 30% of the then current single family residential tap fee for a 5/8” meter will be required for each dwelling unit metered.
Water service for commercial purposes will be provided through meters that are sized to meet anticipated water demands, as provided to the District by the owner or the owner’s representative. As used in these Rules and Regulations, “commercial purposes” means the use of water by commercial, industrial, institutional, or other facilities not meant to be permanent residences. The District shall not be responsible for the adequate or inadequate capacity of a meter, the size of which has been pre-determined by the applicant, or by false, incomplete or improper information provided by the applicant. Without exception, and at Customer or Developer expense, all new commercial water services will be isolated from the District’s System by District approved backflow prevention devices. The backflow prevention devices will be installed on the Customer’s side of the meter in a location approved by the District.
Multiple User Commercial Water Service applies to a single structure, or multiple structures, containing more than one commercial unit. Each unit may be individually metered, or all units may be served by a single master meter. If each unit is individually metered, the tap fees and monthly water rates for each unit shall be the same as the tap fees and monthly water rates for a single commercial water service. Commercial master meter service is subject to the following provisions:
- Eligibility for master metering requires that the structure(s) be arranged in such a way that allows potable domestic water service from a single master meter, and that they remain under a single parcel ID and single ownership or managerial control, such as a partnership, corporation, or property owners’ association whose covenants have been recorded in the public records of Mesa County. Master metering may require separate written agreements between the owner/manager and the District. The District may require the owner/manager to provide copies of recorded covenants or other documents relating to the management of the multiple user commercial units as a condition of providing water service.
- The fee for each master meter installed will be 100% of the applicable commercial water service tap fee for the first commercial unit, and 70% of the tap fee for each additional commercial unit to be served by the master meter. The entire fee for the master meter shall be paid up front; at the time the meter is purchased. No commercial units above and beyond the units upon which the initial tap fee was based shall be served by the master meter unless an additional tap fee has been paid to the District. The additional tap fee for these new units shall be 70% of the commercial water service tap fee for each new unit to be served by the master meter, based on the current fee for a 5/8” meter.
- One water bill for a master meter will be sent to the owner/manager of the structure(s) served by the master meter. Water service charges for all commercial units to be served by the master meter will commence when the tap is purchased, regardless of the number of units that are actually receiving water service. The monthly water rates for water served through a master meter will be based on the monthly water rates for commercial water service multiplied by the number of commercial units served or to be served by the master meter. That rate shall be payment for up to 3,000 gallons of water multiplied by the number of commercial units served by the master meter. The monthly water rate for each additional rate tier will be the same as the rates set forth for commercial water service, except that the amount of water to which each tier applies shall be calculated by multiplying the gallons of water allowed for that tier by the number of units served or to be served by the master meter.
- If, after establishing master meter services, the individual commercial units are individually metered by the District, an additional 30% of the then current commercial water service tap fee will be required for each commercial unit metered.
Tap fees and monthly water rates for commercial water service are set forth in Exhibit II.
Fire protection standards are set by the local governmental entity responsible for providing fire protection services. The District requires adherence to those standards for all water system expansions, extensions and enlargements. When located within or adjacent to a public road right-of-way, fire hydrants provide a general public benefit and there is no charge for water used from these fire hydrants on the District’s system for the suppression of fire within the District’s boundaries. Water shall not be taken from a fire hydrant for any purpose other than fighting a fire without prior written authorization from the District.
A private fireline is a line of adequate size and classification to meet the required flow and pressure for fire suppression which is installed into or on private land parcels or buildings for the fire protection of only those parcels or buildings. Private firelines include private property fire hydrants as well as building sprinkler systems. At customer or developer expense, the District’s water system shall be isolated from the private fireline with a detector check assembly (an appropriate assembly with leak detector meter) approved by the District and installed by a qualified installer retained by the Customer or Developer. Once installed, the assembly will be inspected by the District, and the Customer or Developer shall correct any deficiencies noted in the inspection before water service is provided. Private firelines are for fire suppression only and the Customer will not be charged for water actually used to suppress a fire. However, water used through a private fireline for purposes other than fire suppression shall be charged at current non-residential rates, as set forth on Exhibit II.
The District maintains one or more fill stations at which water can be dispensed into trucks or other containers. Any person desiring to use water from a fill station must first establish a fill station water service account with the District. Procedures for use of the fill station and for billing for water dispensed from the fill station will be established with the customer at the time the account is established. The District may require prepayment for fill station water service, tie payment for fill station water service to another account that the customer maintains with the District or require another procedure to ensure that timely payment for fill station water service is made to the District. The rates for fill station water service are set forth on Exhibit II.
SECTION E
SERVICE CHARGES
The owners of the parcel of land to which water service is provided are jointly and severally liable for all fees and charges related to the provision of or discontinuance of water service to that parcel. Until paid, all fees and charges of the District shall constitute a lien on and against the property served. A new owner of a parcel served by the District shall be responsible for any fees and charges due to the District in connection with the provision of water service to that parcel to the extent such fees and charges have not been paid by the prior owner.
In the event that a Customer is delinquent in the payment of applicable fees, rates, tolls, penalties, assessments, or other charges payable to the District, the District may certify the sums as delinquent to the Mesa County Treasurer and said sums shall be subject to collection in the same manner as real property taxes are collected and paid. If an account is at least six (6) months past due and the sums owing for water charges and fees total at least one hundred fifty dollars ($150), the District may elect to collect pursuant to this section E, by enacting a resolution to that effect at a duly noticed public meeting of the Board of Directors of the District. Prior to certifying the sums to the Treasurer, the District shall serve written notice upon the property owner of record, not less than ten (10) days prior to the public meeting, setting forth the following:
a) An explanation of the sums owing on the delinquent account.
b) The date, time, and location of the public meeting of the Board of Directors and the manner in which the District may be contacted for purposes of resolving the payment obligation; and
c) That the property owner may appear at the public meeting for the purpose of offering evidence relevant to the sums that are claimed as owing.
If, at the conclusion of the meeting, the Board is satisfied that the sums are owing and unpaid, it may certify the account to the Mesa County Treasurer in the manner otherwise provided by law. Thereafter, the sums owing, together with any applicable fees, shall be paid and collected in conjunction with real property taxes for the subject parcel.
A one-time, set up fee for establishing a Customer’s account will be charged to all changes in billing responsibilities. This charge will appear on the first monthly billing statement. The amount of this fee is set forth on Exhibit II.
Billing statements for metered water use will be issued on a monthly basis and are payable within twenty-five (25) days of the date of the statement. Rates for metered water use are set forth on Exhibit II. Billing statements for any other fees and charges will be issued by the District as they become due and are payable within twenty-five (25) days of the bill date of the statement. It shall be the responsibility of the Customer to provide the District with a correct mailing address of the party responsible for receiving and paying all billings for water service from the District and to keep the District informed of all changes thereof. The District shall suppress the printing and mailing of billing statements following receipt of returned bills from the US Postal Service for two (2) consecutive months where the reason for the return is cited as “No forwarding Address, Attempted or Unknown”, or any similar message. Mailing of billing statements will resume upon notification of new mailing address.
Any unpaid balance on any billing statement that is more than forty-five (45) days old shall be subject to a late charge. The amount of the late fee is set forth on Exhibit II. Additional late fees shall continue to accrue until the entire unpaid balance and accrued late fees are paid in full. Any balance not paid within three (3) monthly billing periods is subject to discontinuance of water service to the subject parcel of land (referred to as disconnect or shut off). The Customer will be notified through the U.S. Mail to the mailing address on record with the District that, if the delinquent amount and any other past due fees and charges are not paid by the date specified in the notice, the water service will be physically discontinued.
The District reserves the right to discontinue water service to a parcel of land for non-payment of fees and charges, as described above, or any other violation of these Rules and Regulations. If the District determines that it is necessary to discontinue water service to a parcel of land, it will physically turn off the water meter for the parcel. Except in emergency situations, written notice of a proposed shut off of a water meter for a parcel for non-payment of fees and charges or other violation of these Rules and Regulations will be sent by first class mail to the billing address of record with the District, and, if different from the billing address, to the address of the owner of the property as contained in the District’s records. Such written notice will be mailed at least one (1) week prior to the date of the shut off. In emergency situations, the District will attempt to provide such oral or written notice as is appropriate under the circumstances. If a shut off occurs, a disconnect/shut off fee will be added to the unpaid balance of the account for that parcel. Water service will not be restored until all fees and charges (including the disconnect/shut off fee) are paid in full, or, for other violations of the Rules and Regulations, the violation is cured to the satisfaction of the District and the shut off fee is paid in full. The amount of the disconnect/shut off fee is set forth on Exhibit II. Restoration of water service to a parcel that has been shut off (referred to as an “unlock”), following payment of all outstanding fees and charges and curing of all violations, will occur during the District’s normal business hours. If District personnel are called out for an unlock after normal business hours, on a weekend, or a holiday recognized by the District, an additional after hours unlock fee will be added to all previous charges. The amount of the additional unlock fee is set forth on Exhibit II. Prior to the shut off date designated in the written notice, the customer or owner may request a conference with the District Manager or Assistant Manager for the purpose of determining whether discontinuance of service is appropriate. If a conference is not timely requested, or if payment of all charges is not received or other arrangements satisfactory to the District are not made for payment or curing of other violations before 5:00 p.m. on the day before the date specified for shut-off in the notice, water service to the parcel shall be discontinued and such service shall be restored only upon compliance with the conditions set forth above.
If, for any reason deemed valid by the District, the Customer requests the temporary discontinuance of water service, the District will turn the meter off and, upon subsequent request by the Customer, restore the water service. The billing rate for accounts on a voluntary discontinuance of service will be adjusted to the Readiness to Serve fee, charged monthly and at the rate listed in Exhibit II. The rate adjustment will be applied to the account only after one month of zero (0) usage.
Any check, draft or order for payment of money upon any bank, depository, person, firm or corporation that is not paid to the District upon presentment, and any stop payment order, charge-back from online bill payment services or other non-payment of an amount due to the District is subject to a charge in the maximum amount allowed by Colorado law together with all other costs, charges, fees, damages, and other amounts allowed by Colorado law, including without limitation all amounts specified in C.R.S. § 13-21-109.
An unauthorized water use charge may be imposed on any person for tapping into the District’s System, tampering with District property, or taking or using water from the District’s System without authorization. The amount of the unauthorized water use charge is set forth on Exhibit II. Violators may also be turned over to appropriate law enforcement authorities for prosecution, pursuant to applicable Colorado statutes, and violators will be liable for all costs, expenses and damages (including without limitation attorneys’ fees) suffered by the District in connection with such unauthorized water use.
SECTION F
The District and the Clifton Sanitation District have a long history of cooperation and working together for the benefit of their customers. In an effort to improve service to our customers, the District and the Clifton Sanitation District have a resourceful agreement to combine billing services and payment collection services up to and including the disconnection of the water service for failure to pay for sanitation services. With this agreement, customers will receive a single monthly bill from the District encompassing both water & sewer service.
