Oakdale Irrigation District

SECTION 6: LIABILITY

District Liability

6001 - The District will not be liable for any damages resulting directly or indirectly from any Private Conduit or the water flowing therein or by reason of lack of capacity in any Private or District Conduit or for negligent, wasteful, careless, or other use of handling of water by Irrigators, Landowners, or consumers of water.
6002 - Nothing in these rules shall be construed as an assumption of liability on the part of the District, its Directors, officers, or employees for any damage occasioned by the use of water by any Irrigator or for failure to enforce any of the provisions of these rules.
6003 - Most of the water furnished by the District flows through many miles of open ditches, and is subject to pollution, shortages, fluctuation in flow, and interruption in services. District employees are forbidden to make any agreements binding the District to serve an uninterrupted, constant supply of water. All water furnished by the District will be on the basis of irrigation deliveries and every consumer putting the water to other uses does so at their own risk and by doing so assumes all liability for, and agrees to hold the District and its officers and employees free and harmless from liabilities and damages that may occur as a result of defective water quality, shortages, fluctuation in flow and interruptions in service.
6004 - The District sells water as a commodity only and not as a guaranteed service and will not be liable for defective quality of water, shortage of water, either temporary or permanent, or for failure to deliver water or delay in doing so.
6005 - Pumping by consumers of District water is done at the consumer's risk and the District assumes no liability for damages to pumping equipment or other damages as a result of turbulent water or shortage or excess of water or other causes.
6006 - The District assumes no liability for damages to persons or property occasioned through defective works.
6007 - District Conduits are to be used solely for the purpose of conveying water for use on land and for conveying drainage water away from the land. Their use for recreation purposes or play is prohibited.
6008 - Landowners and Water Users are prohibited from using District Conduits and their lands for swimming or play. The water in many District Conduits is cold, swift and deep, and the Conduits cover so many miles that District supervision of their use of recreation is impossible.

Water User Liability

6009 - Each Irrigator shall be responsible to the District and to third parties for all damages caused by his or her neglect or malicious or careless acts.
6010 - It is the duty of each irrigator to regulate and control the water delivered to his or her land so as to avoid damage to the District or third persons.
6011 - Any persons who cause damages or injury to works of the District as a result of doing or permitting any of the following to be done:
a. Permitting livestock, poultry, or waterfowl to go on or in District Conduits.
b. Burning or otherwise injuring or destroying works of the District
c. Dumping or flowing into the District Conduits rubbish, soil, filth, or other substances that would pollute or impede the flow of water therein.
d. Erecting signs, fences, or other structures on or across or otherwise obstructing District rights-of-way without written permission of the District.
e. Shutting off or reducing the flow of water from a District Conduit into a Private Conduit or field without giving reasonable prior notice of such proposed action to the Manager or Distribution System Operator in charge.
shall pay to the District all costs incurred by the District in repairing the damage or removing the obstructions. 6012 - Under the Penal Code §§ 588, 592, and 607, it is unlawful to do any of the following without authority of the District:
a. Take water from a District Conduit with intent to defraud.
b. Disturb any facility for the control or measurement of water.
c. Cause to be emptied or placed into any District Conduit any rubbish, filth, or obstruction to the free flow of water.
d. Willfully and maliciously cut, break, injure, or destroy any bridge, dam, or District Conduit.
6013 - The Water User is responsible and liable for any damage caused by the Irrigator's negligence or careless use of water, or the result or failure of the Irrigator to properly operate or maintain any ditch, pipeline, or other facility for which the Water User is wholly or partially responsible.
6014 - The District's responsibility for water and its associated characteristics, including quality, shall cease when the water is diverted into any Private or Improvement District Facility or property. The District shall not be liable for any damages that occur once the water is diverted from District Facilities.

Claims for Damages

6015 - Landowners must submit a damage claim to the District within ten (10) business days of the date that the damage occurred.
6016 - Claims shall be processed by the Water Operations Manager and forwarded to the General Manager. The General Manager shall prepare a response to the claim and notify the Board.
6017 - Claims from Water Users or third parties for damages resulting from the misuse or negligent use of water by the Water User shall immediately be rejected.
6018 - The Water Operations Manager shall within five business days of receipt of the claim, investigate the incident, document the events, and provide to the General Manager a recommendation of action.