Providing Rules, Regulations and Fees for the Operation of, the Connection to and the Use of the Secondary Water Irrigation System; and Setting Service Charges for use of the Irrigation System.

Now, therefore, be it ordained as follows:

1. Article 1: Definitions. As used herein, the following words shall have the meanings indicated.
   
   • Board shall mean the Board of Directors of the Virgin Valley Water District
     
   • Commercial shall mean property occupied by a business either for profit or non-profit and accessible to the public
   • District shall mean the Virgin Valley Water District with offices at
     500 Riverside Road, Mesquite, Nevada 89027, (702) 346-573
   • Lot is defined as a parcel of real property that provides a residence for one family. If contiguous parcels of real property have common ownership, they shall be considered as separate lots.
   • Multiple Residential shall mean apartments, condominiums, townhouses, motel or hotel units with kitchen facilities
   • Open Space shall mean vacant property which may or may not be subject to future development
   • Parks shall mean open space dedicated for public use and shall include cemeteries, ball playing fields, equestrian centers and ingress and egress to these facilities
   • Persons means any person, firm, partnership, association, corporation, company or organization
   • Water shall mean secondary water exclusively used for irrigation furnished by the Virgin Valley Water District
      
2. Article 2: Governance.
   
   • Irrigation Water System: The Virgin Valley Water District (District) shall own and administer all functions of the irrigation system.
   • Governing Board: The governing Board of the Virgin Valley Water District shall be the administrative governing board of the irrigation system.
   • Operation of Maintenance: Operation and maintenance of the secondary water irrigation system shall be performed by the Virgin Valley Water District.
     
      
3. Article 3: Separate Identity. So far as is practically appropriate, the District shall maintain separate use and cost of operation records of the irrigation system from the culinary water system. Different conduits for irrigation water delivery shall be installed to distinguish the irrigation from the domestic service system.
    
4. Article 4: Connection Standards.
   
   • Single Lot Service: No more than one lot shall be served by a single
     water connection to the irrigation system.
   • Single Lots with Multiple Uses: No more than one irrigation water connection shall be allowed per lot. Multiple connections may be allowed where a single lot contains more than one single-family residence. Upon making proper application and payment of the connection charge, a separate connection will be allowed. Service shall be treated as a separate connection for purposes of billing and compliance with the provisions of this ordinance.
   • Interconnection Prohibited: No interconnection, cross-connection or
     other joining of the culinary water and irrigation water systems shall be permitted. Interconnections shall be a violation of this ordinance. The owner(s) of record of properties found to be in violation of this subsection shall bear all costs, including attorney's fees, associated with the destruction and removal of such interconnecting device or apparatus.
   • Location of Connection: Each irrigation water service connection shall be made at such location on the property line as the District shall determine. As a general rule, that location shall be at a point close to the nearest irrigation water main.
   • Connection Assembly Required: Each connection shall be made with a pressure reducing valve and a property line shut off valve properly sized for the diameter of the service.
     Article 5: Application for Service
      
5. Article 5: Application:
   
   
   • Application for service shall be made to the District located at 500 Riverside Road, Mesquite, Nevada on the appropriate form and upon paying the applicable hook-up fee.
      
   • Application for Connection by Developer: Any person or persons (developers) seeking multiple connections shall submit complete construction plans and specifications for review by the District Engineer. The applicant shall apply for service on the appropriate form and shall pay all applicable fees before service can be extended. All costs of installation, connecting to the District's facilities and other associated costs shall be born by the applicant.
      
6. Article 6: Determining Rates, Fees and Penalties
   
   
   • Determined by Board: The rates, fees, penalties and other charges incidental to the connection to, and services from, the irrigation system shall be determined by the Board and shall be adjusted periodically to reflect the cost of providing irrigation water service. The Board may, from time to time, promulgate rules for levying fees, billing procedures, and collecting charges for irrigation services and all other rules necessary for the management and control of the irrigation system.
      
   • Uniformity of Rates: Rates for services furnished shall be uniform with respect to each class or classes of service established or that may hereafter be established. The Board may, however, upon such terms and conditions as it may deem proper, adopt by agreement or resolution special rates and conditions for users, which in the opinion of the Board, use water in excess of exceptionally large amounts of irrigation water or making use of the system under exceptional circumstances.
      
7. Article 7: Billing and Payments
   
   
   • Billing: The District shall include in the District's monthly billing for culinary water, a separate item for irrigation service indicating the method of determining use (flat rate or meter reading). The information on the billing related to culinary water services such as the place for payment of bills, delinquent date, date of billing, etc. shall also apply to the payment of charges for irrigation service.
      
   • Payment Due Date: All bills for water service shall be due and payable on the 1 5th day of each month and will be subject to a late fee thereafter.
      
   • Delinquent Payment: A bill that is not paid by its statement due date shall be considered delinquent, and shall incur an interest charge of 10% per month on the delinquent balance. In addition, legal action may be taken to collect the amount due to the District.
     
     Failure to pay charges for irrigation service on or before the printed due date will result in a, one time only, notice being sent to the customer. The notice shall state that the bill is delinquent and that the outstanding balance and interest must be paid by the date specified on the delinquent notice, otherwise irrigation service will be terminated.
      
   • Reinstatement of Service: A $25.00 reconnect fee will be assessed to any customer whose service has been disconnected for non-payment. If the customer pays the outstanding balance, the interest charge and the reconnect fee in full, the account will be cleared and revert back to active status.
      
   • Installment Payment: A payment plan for accounts with an outstanding balance of less than $500.00 may be approved by the District in conformance with Section VII, Payment of Bills, Subsection VII-4 of the District's Operating Rules, Regulations and Rates.
      
   • Illegal Restoration of Service: If the District has terminated irrigation service for any reason, and if a customer or owner restores the service from the District's irrigation system without remedying the cause of the termination, such customer shall be assessed three times the normal restoration service fee, plus the cost of restoring the connection to its normal operational status.
      
   • Checks Not Honored by Bank: Returned checks not honored by the bank shall be handled as prescribed in Section VII, Subsection Vii-6 of the District's Operating Rules, Regulations and Rates.
      
   • Responsible Parties: The legal owner in whose name the property is recorded shall be responsible for paying all irrigation water bills. Unpaid irrigation water bills by tenants and/or renters shall be the responsibility of the property owner and shall be paid in full before irrigation service will be restored to the property.
      
8. Article 8: Connection and Service Fee Schedule
   
   
   • Connection Charge: A connection charge shall only be assessed to a
     customer if District personnel is required install the service.
     
     
     • Single Residential Lot, 1/2 acre or less . . . $ 500.00
        
     • Single Residential Lot, 1/2 acre or greater . . . $ 500.00 + $100.00 per each 1/2 acre over 1/2 acre
        
     • Multiple Residential Lot, 1 acre or less . . . $ 750.00 + $500.00 per each 1 acre over 1 acre
        
     • Commercial Property, 1 acre or less . . . $ 1,000.00 + $750.00 per each 1 acre over 1 acre
        
     • Parks, 1 acre or less . . . $ 1,000.00 + $750.00 per each 1 acre over 1 acre
        
   • Subsequent Lot / Parcel Division: In the event a portion of a lot / parcel served with irrigation water is subsequently sold or divided, the size of each resulting lot shall be determined. A new connection shall be determined for each of the new lots being created and the owner of each new lot shall be charged a connection fee in conformance with the scheduled set forth above.
      
   • Monthly Service Charge: The monthly service charge is hereby
     established:
     
     
     • Single Residential, 1/2 acre or less . . . $ 8.68
        
     • Single Residential, greater than 1/2 acres . . . $12.00 + $7.50 per 1/2 acre over 1/2 acre
        
     • Multiple Residential, 1 acre or less . . . $ 25.00 + $15.00 per 1 acre over 1 acre
        
     • Commercial Property, 1 acre or less . . . $ 35.00 + $25.00 per 1 acre over 1 acre
        
     • Parks, 1 acre or less . . . $45.00 + $30.00 per 1 acre over 1 acre
        
   • System Extension Costs: Property owners, currently not being served with irrigation water, shall pay all costs to extend service lines to their respective properties, including connection to the existing system, pipe lines, valves, pressure reducing valves, fittings and appurtenances.
      
9. Article 9: Non-Authorized Use of Irrigation System: Except as provided for in Article 6, Section 2, irrigation water provided through the District's irrigation system shall not be used for the following purposes:
   
   
   • Agricultural Use: Irrigation water from the District's system shall not be used for the irrigation of agricultural acreage such as alfalfa, meadow, pasture, row crop, silage or other crop associated with production of crops. Irrigation water shall not be used for commercial livestock operations. Secondary irrigation water may be used for livestock watering where such livestock is for private use and enjoyment.
      
   • Commercial Use: Irrigation water shall not be used in the manufacturing process of products for sale to the public, either for local distribution or for export.
      
   • Construction Use: Irrigation water shall not be used for construction
     purposes and no provisions will be made by the District for contractors
     or governmental agencies to hook into the irrigation water system for
     the purpose of loading tank trucks. Irrigation water may be used for
     the construction of small residential improvement projects to existing
     facilities performed by the owner of the property or workmen under
     his/her direct supervision.
      
   • Mechanical Use: No irrigation water shall be used for the purpose of
     driving motors, siphons, turbines, or any other type of wheels, or any
     hydraulic engine, or elevators, or for driving or propelling machinery
     of any kind whatsoever, nor shall any license be granted or issued for
     any such purpose.
      
10. Article 10: Duties, Liabilities and Rights of Users
    
    
    • Use Without Payment Prohibited: It shall be unlawful for any person by himself, family or agents to utilize the irrigation system without payment, as herein provided, or without authority, to open any pipe, line, connection, stopcock, valve or other fixtures attached to the irrigation system unless it is done pursuant to proper application, agreement or resolution.
       
    • Liability for Damaged Equipment: All damages or injury to the lines, appurtenances, equipment or other materials of the District caused by any act or neglect of the water users or property owners shall be repaired by and at the expense of the water users or owners. Owners shall pay all costs and expenses, including a reasonable attorney's fee, which may arise or accrue to the District through its efforts to repair any damage to the District's facilities or through efforts to collect such costs from the water user or the property owner or both.
       
    • Unauthorized Users: It shall be unlawful for any irrigation water service user to permit any person from other premises or any unauthorized person to use or obtain irrigation water service from his/her premises or water facilities, either outside or inside his/her premises.
       
    • Facilities to be kept in Good Repair: All users of irrigation water service shall, at their own expense, keep their service pipes, connections, risers and other apparatus on private property in good repair and protected from damage. No person, except under the direction of the District, shall be allowed to lay, remove or repair any service pipe on public rights-of-ways.
       
    • Quality of Service Pipe: All service pipe, equipment, facilities and material used on private property in connection with the irrigation water service provided by the District shall be of such materials, quality, and specifications required by the District. The installation of the private system shall conform with the specifications of the District. All new connections to the irrigation water mains in the public rightsof-way shall be made by the District or under their direction.
       
    • Prohibition Against Waste: It shall be unlawful for any user of the
      irrigation water service to waste water. Wasting water includes, but is
      not limited to, the following:
      
      
      • Allow water to be wasted by leaky stops, taps, valves, joints or
        pipe
         
      • Running water from hydrants, faucets, sprinklers or stops or
        through basins, sinks or other apparatus in excess of that
        required for irrigation of property
         
      • Use of water for non-landscaping purposes except as otherwise
        provided in this ordinance
         
      • All users of the irrigation water services provided by the
        district shall comply with the provisions of the Water
        Conservation Plan and all applicable amendments adopted by
        the District Board
         
      • No open flow from an irrigation system line, pipe, hose or
        other water delivery system larger than %I inch shall be allowed
         
    • If, in the judgment of the District, a user of irrigation water engages in practices that result in the needless waste of water, the District shall mail to the user written notice to discontinue the waste. If the waste is not terminated within ten (10) days of mailing the District may terminate the irrigation water service.
       
    • Pumping from System: Attaching any pumping device to service lines connected to the irrigation system shall not be permitted without the consent of the District.
       
    • Extension of Irrigation Water Mains: Any person or persons, including any developer, who desires to have the irrigation water mains extended within the District may make application to the District in writing. A description of such proposed extension accompanied by two copies of detailed construction drawings and specifications showing the location and size of the proposed extension shall be reviewed by the District Engineer and approved by the District General Manager. Such extension, when completed, shall become a part of the District's irrigation system.
      
      A property owner and/or developer who wish to split or subdivide a parcel into more than two (2) lots shall install a main line extension system unless each new lot fronts on a street where a main irrigation line is already located and a direct connection can be made. Irrigation lines are to be located within utility easements.
       
11. Article 11: Duties, Liabilities, and Rights of District
    
    
    1. Limiting Use of Irrigation Water: The Board may, in its sole discretion, find that a water shortage exists and may promulgate strict limitation on the usage of irrigation water. Violation of these limitations shall be unlawful and may be grounds for termination of service. The provisions of the "Water Conservation Plan" adopted by the Board shall apply to the use of the irrigation system.
        
    2. Periods of Irrigation: The Board shall determine the dates and times of day when water will be available through the pressurized irrigation system.
        
    3. Access to Facilities: The Board, employees of the District, or its authorized representatives shall at all ordinary hours have access to any property supplied with water service from the irrigation system for the purpose of examining the apparatus and ascertaining the amount of water being used and the manner of its use.
        
    4. Non-Liability for Damages: The Board, the District, its employees or representatives shall not be liable for any damage to an irrigation water service user's equipment, facilities, landscape or structures by reason of stoppage or interruption of his/her irrigation water supply service caused by fires, scarcity of water or accidents to the irrigation system or its mains, or which occurs as the result of maintenance and extension operations, or from any other cause.
        
    5. Repeal of Inconsistent Ordinances or Resolutions: The provisions of
       this Ordinance shall prevail over all inconsistent ordinances or resolutions previously enacted by the Board. This Ordinance shall not, unless expressly provided so to do, amend any part or provision or any rule, regulation, rate or charge, or any other matter pertaining to the District's culinary water system.
        
    6. General Sanctions and Penalties - Cumulative Remedies: Without altering or diminishing the effect of any other sanction, penalty or consequence provided in this Ordinance elsewhere, the violation of, or failure to observe or comply with any provision of this Ordinance shall be punishable to the fullest extent of the law.

• Ordinance 3: Secondary Water Irrigation System Rules, Regulations & Fees (.pdf 300K)