SECTION 3: FACILITIESControl of Facilities3001 - All District Facilities are under the exclusive control, direction, and management of authorized District personnel. At no time shall any unauthorized person, private or public, interfere with, regulate, or control any District facility.3002 - Facility inquiries in regard to control shall be directed to the Water Operations Manager. 3003 - No opening shall be made in any District conduit until an application, in writing, has been made to the District and approved by its Manager. Operation of FacilitiesLimits of Liability3004 - The District's responsibility for water shall cease when the water is diverted into any Private or Improvement District Facility. 3005 - The District shall not be liable for any nuisance or neglect, wasteful or other use, or handling of water by any recipient or user thereof. 3006 - The District shall not be responsible for any trash, debris, or other matter that may flow or accumulate in the water. The District shall not be responsible for any interference with, decrease in the operation or capacity of, or damage to facilities, public or private, as a result of such trash, debris, or other matter. 3007 - The District is not a guarantor of service and shall not be liable for any damage any person may suffer as a result of insufficient water, water fluctuations, untimely delivery of water nor water not delivered. Conduits (Main Canals, Sub-Laterals, & Pipelines) 3008 - The operation of District Conduits shall be at the discretion of the Distribution System Operator. This includes the determination of the safe operating level or capacity of all Conduits. 3009 - Operation of the District Conduits is subject to change at anytime without prior notice. Control Structures 3010 - Center gates, valves, weirs, flashboards, and other control devices not listed here, are to be operated by the Distribution System Operator. The Distribution System Operator may adjust any such facility at anytime without prior notice to ensure the safe operation of the delivery system. 3011 - Distribution System Operators authorized to operate control structures within their defined service area may authorize trained non-district personnel permission to adjust settings when it is impractical for the Distribution System Operator to do so. Permission is granted to perform the activity once, and shall not establish any precedence for future consideration. 3012 - District personnel are authorized to take any measure necessary to secure control structures including, but not limited to, the use of locks and chains. Reservoirs 3013 - Reservoirs, including reclamation ponds, shall be operated by the appropriate Distribution System Operator. The District does not maintain specific water levels in any reservoir or holding pond. The reservoirs are to be operated in conjunction with irrigation deliveries and to supplement said deliveries to provide efficient and economical delivery of irrigation water. 3014 - Inflow and outflow rates of reservoirs shall be determined by the Distribution System Operator in order to maximize efficiency of operations. Pumps General 3015 - The District owns and operates a number of deep well pumps and reclamation pumps to supplement the water supply diverted from the Stanislaus River. During the irrigation season these pumps will be operated at the discretion of District staff and coordinated with the operation of the distribution system. 3016 - The operation of District owned pumps depend on a variety of circumstances. Distribution System Operators shall determine the most efficient and appropriate times to operate the pumps. Reclamation 3017 - Reclamation pumps shall be used as a method of water conservation. Drainage 3018 - Drainage pumps are to be operated when upstream water levels threaten or have the potential to cause significant damage to public or Private facilities or where significant problems could result from the presence of the water. 3019 - Notification of drainage pump operation shall be given to the owner/operator of the facilities to receive pumped water. Non-emergency operation notification shall be at least 24 hours prior to pumping event. Emergency operation notification shall be given as early as possible before the pump is put into operation. Deep Wells 3020 - Deep wells may be used as a permanent or supplemental source of irrigation water for Water Users. Operation of deep wells to deliver an irrigation event shall not constitute or set precedence for future deliveries. Booster 3021 - The Distribution System Operator shall determine the most efficient and appropriate use of booster pumps in order to deliver scheduled irrigations to maximize the benefit of booster pump operation. 3022 - Booster pumps shall only be used when it is impractical to deliver gravity water. Turnouts 3023 - The operation of turnouts from District Facilities shall be at the discretion of the responsible Distribution System Operator 3024 - All turnouts from District Facilities shall be gated or shall have another positive shutoff system easily accessible to the Distribution System Operator within the District rights-of-way. 3025 - The Water Operations Manager has the authority to lock or secure any and all turnouts from District facilities at any time for violations of the rules and regulations. Verbal communication proceeded by written notification will be provided to the owner of the locked or secured turnout by the Water Operations Manager. The notification shall provide the background and justification of locking or securing the affected turnout. The notification shall also outline procedures or conditions that the owner shall complete in order for the District to remove the lock or security device. 3026 - Distribution System Operators have the authority to allow for the operation of turnouts by private individuals in the event that the Distribution System Operator is unavailable to operate said turnout at a critical or scheduled time. Upon granting permission, the Distribution System Operator shall ensure that the turnout was operated appropriately and as directed, as soon as time permits. Permission to operate turnouts from District Facilities shall be considered a distinct and solitary event and shall not establish any precedence for future events. 3027 - Any turnouts constructed in District Conduits at the Landowners' expense shall thereafter be the property of the District at the option of the District. The assumption of ownership shall be in writing. Private Facilities 3028 - All privately owned lift or sprinkler pumps that will pump water from works of the District or natural or artificial drains conveying water subject to recapture by the District shall be placed under District supervision and control as to time and extent of use. All such pumps shall be operated solely at the owner's risk and the District shall not be liable for any failure of such installation. All bridges and culvert crossings on laterals and drains shall be the responsibility of the landowner unless the District has a contractual obligation therefor. The District may contribute to the maintenance cost of crossings essential for use by the District in its maintenance and operation work. The District will not contribute to the cost of improving privately owned facilities or to improving works of the District for the benefit of individual landowners unless the Board concludes the improvements are essential for District operations. Work shall not begin on cooperative improvements until a written agreement for doing such work is approved by the Board and the landowners' share of the cost is paid to the District. 3029 - All Private facilities shall be constructed and maintained by the owner in accordance with acceptable industry standards as approved by the District. 3030 - All Private facilities shall be free from weeds and other obstructions, and properly maintained to permit sufficient capacity to convey the reasonable flow of water requested by any Water User in a manner that minimizes the potential of levee breaks, overflow, undue seepage, or any other unreasonable use of irrigation water. 3031 - The operation of Private facilities is the sole responsibility of the owners and shall be in such a manner as to prevent the unnecessary waste of water and prevent damage to third parties. 3032 - In the event that an owner of a Private facility in disrepair has been notified of the inadequacy of the facility by the District and has failed to improve the condition of said facility, the District, in its discretion, may complete the necessary repairs in order to protect the various interests of the District. In such an event, the District shall bill the owner of the Private facility for any and all costs associated with making the necessary repairs and affect any non-payment penalties as may be appropriate. 3033 - The operation and maintenance of Private facilities by the District shall not establish any ownership or set any precedence for any future operation or maintenance of said facility. 3034 - The Distribution System Operator shall deliver the scheduled amount of irrigation water to the Private facility. It shall be incumbent on the Water Users to control the actions of individuals taking water from Private conduits. Any disputes of water allocation downstream of the District delivery point shall be resolved among the owners of the Private facility. The District does not guarantee or ensure the apportionment of deliveries among irrigators on Private facilities. 3035 - The District shall not be responsible for any damages to Private facilities caused by water hammer. Water hammer is a result of poor system design, for which, the District shall not be liable. 3036 - The District may refuse to deliver water to any person not complying with an obligation to maintain or help maintain any Private conduit and may deliver water to other Water Users from a conduit who have met the maintenance obligations. However, the District shall maintain the right to discontinue the delivery of any water to all Water Users through a Private conduit until such time as the conduit is put into a proper condition as determined by the Water Operations Manager. Improvement District Facilities 3037 - All Improvement District Facilities shall be constructed and maintained in accordance with District standards. 3038 - All Improvement District Facilities shall be free from weeds and other obstructions, and properly maintained to permit sufficient capacity to convey the reasonable flow of water requested by any Water User in a manner that minimizes the potential of levee breaks, overflow, undue seepage or any other unreasonable use of irrigation water. 3039 - The District may shut off the delivery of water to any Improvement District Facility not meeting the above requirements and require them to be cleaned, repaired, or reconstructed before delivery of water is reinstated. 3040 - Improvement District Facilities may be cleaned or repaired by the District at the Improvement District's Expense when the District determines such action is necessary for the District's operations. Private Use of District FacilitiesGeneral3041 - Absent of the District's express written approval, Private use of District Facilities is strictly prohibited. 3042 - Any and all use of District Facilities by any person or agency, public or private, shall be solely permitted by written permission of the District and shall be in compliance with any and all applicable federal, state, and local laws, statutes, regulations, and other terms and conditions properly established. 3043 - At no time shall District Facilities be used for recreation purposes, including but not limited to, swimming, diving, hunting, or fishing. 3044 - Except as otherwise specifically permitted by written agreement with the District, water contained within District Facilities, either flowing or non-flowing, shall at no time be used for purposes of stock water. It is the sole responsibility of livestock owners to provide a source of water for livestock outside District rights-of-way. 3045 - Livestock permitted on District canal banks frequently cause damage thereto. The owners of the livestock and the land on which they are pastured are liable for such damage and shall promptly make repairs in a good and workmanlike manner. If after proper notification has been given repairs are not promptly so made, the District may make them and bill the owner of the livestock or land involved for the cost thereof. If the bill is not paid within thirty (30) days from its date it shall thereafter draw interest at the rate of 10% or such modification of that interest rate as may be hereafter fixed by resolution of the Board. Additionally, Section 4017 shall immediately become applicable. Drainage 3046 - No surplus irrigation water, storm water, wastewater, tile drainage, nor any other water or substance shall be drained, dumped, pumped, siphoned, or otherwise discharged directly or indirectly into any District Facility without the prior written permission of the District. In granting permission to discharge, the District may impose reasonable conditions, including, without limitation, the right of the District to approve and monitor the discharger's measurement facilities. Permission to discharge shall be revocable by the District at any time and for any reason as determined appropriate by the Water Operations Manager. 3047 - Water and other substances, permitted through written agreement that are discharged into District Facilities shall meet all applicable federal, state, and local water quality standards and provisions. 3048 - District approval to discharge into District Facilities shall only be granted to those parties who have coverage from the Regional Water Quality Control Board under a waiver or waste discharge permit. Having coverage from the Regional Water Quality Control Board does not guarantee approval or establish a right to discharge into District Facilities. 3049 - The rate and quantity of discharge into any District Facility may be subject to limitations based on the capacity of the facility and the quality of water or other substance being discharged. The Water Operations Manager shall be so empowered to set forth such limitations. 3050 - All discharge facilities shall be constructed at the sole expense of the discharger, and must be in accordance with District standards. 3051 - All approved discharges to District Facilities shall be limited to one 8 inch diameter outlet per 40 acres of irrigated land, unless otherwise dictated by topography as determined by the Manager. The outlet shall be gated such that any authorized District employee may close and/or lock the outlet in the event that such control is warranted to protect water quality or for the benefit of the District. 3052 - Where excessive runoff from lands receiving District water is entering District Facilities, the District may reduce the quantity of water delivered in an effort to reduce the drainage flows or require the Landowner to install special drainage facilities to regulate the flow into the District Facilities. The District may also require a Landowner to cease all such runoff into District Facilities whenever necessary for the District's or the public's interest, including, but not limited to, ensuring water quality standards, preventing injury or damage, or performing repairs or maintenance. 3053 - All existing discharges to District Facilities, not currently covered by a written agreement, shall be subject to the District's current terms and conditions. Transportation 3054 - No person or agency, public or private, shall transport any water or other substance through District Facilities without the prior written agreement of the District. In granting permission to transport water or other substances, the District may impose reasonable conditions, including, without limitation, the right of the District to set flow and water quality limits and to require monitoring at dischargers expense. Permission to transport shall be revocable at any time and as determined by the Manager. 3055 - Water and other substances, permitted through written agreement to be transported via District Facilities, shall meet all applicable federal, state, and local water quality standards and provisions. 3056 - All transport facilities shall be constructed at the sole expense of the transporter, and must be in strict accordance with the construction and design standards of the District. 3057 - All existing transportations through District Facilities not currently covered by a written agreement shall be subject to the District's current terms and conditions. Pumps 3058 - No person or agency, public or private, shall be allowed to operate or control any District owned pumps without the written approval of the Water Operations Manager. Written authorization to operate District owned pumps shall be considered a distinct and solitary event and shall not establish any right or precedence for future events or requests. 3059 - A written request shall be submitted to the Water Operations Manager at a minimum of ten (10) days in advance of the proposed pumping event. The use of District owned pumps is subject to termination at any time for any reason as determined by the Water Operations Manager. 3060 The Water Operations Manager is to ensure that the person granted permission to operate the pump is properly trained and knowledgeable about the safe and responsible operation of pumps and pump drivers. 3061 - During periods the District is not using a District pump, requests may be made with the Distribution System Operator in charge or with the Water Operations Manager for private rental of the pump in accordance with the following: (a) Pump rentals will be granted in the order in which requests with accompanying payment are received. (b) Rental time will be determined and assigned by the Distribution System Operator or Water Operations Manager. (c) No extensions of rental time assigned will be granted unless there is no one waiting for the use of the pump. (d) No renter will be allowed to rent the same pump for a second period until all those on the waiting list have had the opportunity to use the pump. 3062 - Once a pump is started, no refunds will be made for the hours not used except under the following conditions: (a) Should the hours rented be interrupted by rainfall and the landowner has requested that the pump be turned off, a refund of the unused hours may be made upon request. (b) Should regular scheduled gravity water or District pumped water become available, thereby causing an early termination of the rental period, a refund of the unused portion may be made upon request. All requests for refunds must be made in writing within fifteen (15) days of the termination of delivery. 3063 - The District shall limit water supplied by pump rental to not more than 2.4 inches per acre per irrigation if that pump is in demand by other water users. 3064 - The District reserves the right to not rent a pump or to cancel a rental and refund the deposit made if the pump use will interfere with District maintenance or other District operations. 3065 - A District employee will have complete charge of turning pumps on and off and servicing them. 3066 - The Distribution System Operator has complete charge of setting up and operating the gates, weirs and other facilities in the District conduit that will be used. The pump renter shall be responsible for monitoring and reporting any interruption in delivery. 3067- If the pump is off due to power failure, breakdowns, or other causes, the down time will be added at the end of the rental period. 3068 - The charges for all pumps will be determined from the power meter. 3069 - The District will endeavor to anticipate the probable demand for private use of a pump and limit the periods of rental to endeavor to provide all probable renters with a period of use. 3070 The rental period begins with the time on and ends with time off at the pump. No allowances will be made for time required to fill conduits; however, the time required to fill the conduit may be prorated among those using the water. 3071 - The District shall establish the rental rate for each pump. 3072 - Payment of all pump rental for the entire rental period must accompany the application for rental. No application will be recognized until the payment is received, and the time of application shall be the time of payment. Rights-of-Way 3073 - District canal roads, rights-of-way, easements, and lands owned by the District are intended to be used for District operations and maintenance activities. No unauthorized Vehicle shall be permitted on or within District canal roads, rights-ofway, easements, or lands owned by the District. District canal roads, rights-of-way, easements, and lands owned by the District are for the exclusive use of authorized District employees and agents, and other authorized persons permitted in accordance with these Rules and Regulations. Persons requiring a specific use of a canal road, right-of-way, easement, or land owned by the District may apply to the District for written permission prior to such use. Notwithstanding any permission granted by the District, use of District canal roads, rights-of-way, easements, and lands owned by the District is at the sole risk of the user. 3074 - The following persons are authorized to operate a Vehicle upon a District canal road or right-of-way: (1) Persons actively involved in farming a parcel of land adjacent to the specific District canal road, right-of-way, easement, or land owned by the District; (2) Persons actively involved in farming who use the specific District canal road, right-of-way, easement, or land owned by the District for access to irrigation facilities serving their parcel of land; (3) Persons whose property is directly adjacent to the District canal and to whom permission for ingress and egress to the property has been granted by the District; and (4) Any sheriff, police, fire, or public, safety personnel on official business. 3075 - The District reserves the right to bill the owner of any livestock, for any and all costs associated with the maintenance or repair of facilities damaged by their livestock. Crossings/Culverts/Bridges 3076 - Except as otherwise specifically permitted by the District in writing, no person shall cross any District Facility, including without limitation any canal, pipeline, weir, bridge, or other crossing, except those clearly marked for public use. 3077 - No improvements such as buildings, bridges, gates, cross canal pipes, facilities, etc., shall be constructed or placed in or over any District Conduit until applications for an Encroachment Agreement or Revocable License Agreement have been made to the District and Board authorization is granted therefor. The applicant does not acquire any rights in the District's right-of-way other than those set forth in the signed agreements. 3078 - All such permitted buildings, bridges, gates, cross canal pipes, or other cross canal facilities shall be constructed, erected, installed, and maintained at the Landowner's expense and built in accordance with the construction and design standards of the District where applicable. Charges 3079 - Any person or agency, public or private, shall pay any and all charges established by the District for the non-District use of District Facilities. Payment must accompany the request for approval prior to use. Therefore any request submitted without accompanying payment will be deemed incomplete and discarded. 3080 - The District shall bill for any and all additional charges resulting from the non-District use of District Facilities that are not covered by original payment. Charges shall be paid in full by the responsible party within 30 days of the District invoice date. 3081 - The District assumes that the user is properly prepared to use the specific facility for the duration of the requested time. The District shall not refund or credit any user for downtime resulting from operational decisions made by the user. In the event of a facility failure not resulting from inappropriate use or ill-treatment of District equipment, a credit for use shall be established directly proportional to the duration of the downtime. 3082 - A written petition for a partial refund or credit may be submitted to the Board of Directors within fifteen (15) days of the nonscheduled termination of use. Liability 3083 - Any person entering upon District property or District right-of-way does so at their sole risk and assumes all risks associated therewith and by such action accepts the responsibility for any resulting damage to District or Private property. 3084 - Dischargers are solely liable and responsible for meeting and complying with all local, state, and federal regulations of water quality and subsurface pumping. Dischargers agree to indemnify, defend, and hold harmless the District, its Board, officers, employees, and agents against all liability, claims, damages, and costs (including reasonable attorney fees) relating to the quality of water discharged by the discharger. Access to Lands3085 - The Distribution System Operators and other authorized agents of the District shall have free access at all times to all Private Conduits and lands being irrigated for the purpose of determining whether or not the Conduits are in satisfactory condition to handle the water and whether the water is being used efficiently and economically. Where access is denied by the Landowner or Landowner representative, water delivery may be curtailed until the request for access has been granted.3086 - The District shall be granted access to any lands within its sphere of influence when responding to an emergency upon notification from law enforcement or other person. 3087 - If the District holds a right-of-way or easement across Private land for the operation and maintenance of a canal or other facility, the law provides that the District shall have certain secondary rights, such as the right to enter upon the property on which the right-of-way or easement is located; to make repairs; and do such things reasonably necessary for the efficient and economical operation and maintenance of the system. Encroachments3088 - No trees, vines, shrubs, corrals, fences, buildings, bridges, or any other type of encroachment shall be planted or placed in, on, over, or across any District Facility; or the right-of-way therefor except pursuant to specific written authority of the Manager. Any such encroachment of an unusual or extraordinary nature shall be approved by the Board.3089 - Any encroachment, authorized or otherwise; in, on, over, under, along, or across any District Facility or right-of-way that interferes with the operation or maintenance of said facility may be removed by the District, at the sole expense of the encroacher or adjacent Landowner. Authorization for an encroachment will end if and when said encroachment is determined to be in interference with District operations. Construction of Irrigation Facilities3090 - No private stop gates, stand pipes, turn out pipes, or valves, lift or sprinkler pumps or other privately owned facilities shall be connected to or placed in or on District Conduits or in drains conveying District water unless and until all the following have occurred:(a) A written application setting forth the type and specification of the installation to be made is filed with the District Manager. (b) The application and specifications are approved in writing by the Manager prior to start of construction. (c) If any of the work is to be performed by District personnel or under District contract, the full estimated cost to the District is paid to the District by the applicant in advance; however, the applicant shall be responsible for the actual costs of construction irrespective of the amount of the estimate. Upon completion, the applicant shall pay the difference between the estimated amount and the actual costs if the estimate is exceeded. If the actual cost is less than the estimate, the applicant will receive a rebate from the District for the overpayment. (d) In order that all involved be protected, in instances and to the extent the Manager deems appropriate, a written contract is entered into specifying the conditions of performing the work and conditions applicable to the use of the facilities. (e) If the work can affect the flow of water in works of the District, the work must only be performed during times approved in writing by the Manager. Ordinarily, in the absence of an emergency, such work will not be permitted during the period of March 1 to November 1. 3091 - No irrigation system improvements, including without limitation diverting gates, weirs, pump intakes, mechanical screens or structures of similar nature, shall be installed, constructed or placed in, on, over, under, along, or across any District Facility or right-of-way unless written permission, in the form of an encroachment agreement and/or a revocable license agreement, has first been granted therefor by the District. No permitted person or agency, public or private, shall acquire any rights in the District's Facilities or rights-of-way other than those set forth in the District's agreement. Permittees shall, at their sole expense, upon receipt of notice from the District, promptly relocate or remove any improvement. In the event that the Permittee fails to do so, the District reserves the right to perform such relocation or removal at the Permittee's sole expense. 3092 - No improvements, including without limitation buildings, bridges, culverts, gates, corrals, landscaping, recreational pools, cross-canal conduits, or structures of similar nature, shall be planted, installed, constructed, or placed in, on, over, under, along, or across any District Facility or right-of-way unless written permission has first been granted therefor by the District. No permitted person or agency, public or private, shall acquire any rights in the District's Facilities or rights-of-way other than those set forth in the District's agreement. Permittees shall, at their sole expense, promptly upon receipt of notice from the District, relocate or remove any improvement. In the event that the Permittee fails to do so, the District reserves the right to perform such relocation or removal at the Permittee's sole expense. 3093 - Except where otherwise specified by agreement, all improvements, irrigation or otherwise, shall be at the sole expense of the Permittee and constructed in accordance with District construction and design standards. All improvements shall become the property of the District, unless otherwise agreed. Design of Irrigation Facilities3094 - All new Private or Improvement District Facilities are to be approved, in writing, by the District Engineer prior to the start of construction. Plans and construction details shall be submitted to the District along with payment of any charges and a written request.3095 - The District Engineer shall have the authority to approve any new Private or Improvement District Facilities. The design of said facilities shall be required to meet the flow requirements of the land being served without impacting operations of the District or other Landowners. The District's rights hereunder to review and accept the plans shall not impose any duties or obligations on the District, nor shall such rights relieve the Water User of the sole responsibility for the facilities plans, schedules and installations, and construction and placement of work. 3096 - Water Users shall be required to install, operate, and maintain lift or booster pumps, at their sole expense, for all irrigation improvements that cannot utilize District delivered gravity water. Improvements/Relocation of Irrigation Facilities3097 - If extensions of District Conduits, increases in capacity or additional outlets are desired, they must be approved by the Board and the desired construction or modification must be done in accordance with District specifications at the sole expense of the person desiring the work to be done. The estimated cost shall be deposited with the District in advance of the start of the work. Where pipelines are installed in lieu of open ditches, one outlet per 40 acres shall be installed at District expense. Additional outlets shall be at the request and sole expense of the landowner. Back to Top of Rules and Regulations |
