NORTH KERN WATER STORAGE DISTRICT
RULES AND REGULATIONS FOR
DISTRIBUTION AND USE OF WATER
Amended and Restated October 21, 2003
I N D E X
I DEFINITIONS........................................................................................................................................ 1-3
District, District Office, District Records, Board,
Manager, Project and Adopted Project, Distribution
System, Class I Lands, Class I Water, Class II Lands,
Class II Water, Special Purpose Water, Water User,
Water Toll Rate, Base Service Charge,
Agricultural Use, Application for Water Service.
II AUTHORITY OF DISTRICT MANAGER AND
Manager, District Employees, Agents and Designees
III DELIVERY AND USE OF WATER.......................................................................................................... 3-4
IV APPLICATION FOR WATER SERVICE AND
AUTHORIZATION FOR ADMINISTRATION THEREOF............................................................................. 4-6
V ORDERING WATER SERVICE AND MEASUREMENT
OF WATER 6-7
VI EMERGENCY TURN OFF........................................................................................................................ 7
VII INTERRUPTIONS IN SERVICE..................................................................................... 8
VIII CONTROL, USE AND RECAPTURE OF WATER................................................................................... 8
IX BILLINGS, PAYMENT AND DELINQUENCY.......................................................................... 8-10
X INTERFERENCE WITH DISTRIBUTION SYSTEM .....................................................10
XI RIGHT OF ENTRY............................................................................................................................ 10
XII ENFORCEMENT OF RULES AND REGULATIONS .................................................. 10
XIII PROCEDURE FOR ANNUALLY FIXING THE
AMOUNT OF BASE SERVICE CHARGES................................................................................. 11-14
XIV ENCROACHMENT ON DISTRICT PROPERTY.......................................................... 14
XV ACCESS TO DISTRICT RECORDS.................................................................................................. 14
XIV GENERAL PROVISIONS................................................................................................................. 15
XVII UNUSED ENTITLEMENT IN DISTRICT’S DISTRIBUTION SYSTEM.................................................................................................... 15
XVIII CHANGES IN RULES AND REGULATIONS.................................................................................... 15
XVIV SEVERABILITY OF PROVISIONS.......................................................................................................... 15
1. Map of District - Class I and Class II lands............................................ 16
2. Resolution No. 03-91 amending Rules and
Regulations ........................................................................................................................ 17
NORTH KERN WATER STORAGE DISTRICT
RULES AND REGULATIONS FOR
DISTRIBUTION AND USE OF WATER
These Rules and Regulations are established pursuant to the requirements of Division 14, particularly Section 43003, of the California Water Code to enable the North Kern Water Storage District to perform its functions economically, and to achieve an efficient distribution of water for the benefit of the District.
These Rules and Regulations are in implementation of the District’s Project as herein defined and are applicable only to lands within the District located north of Seventh Standard Road excepting the lands located within the Rosedale Ranch Improvement District of the District.
Section I. DEFINITIONS
Unless the provision or context otherwise requires, the definitions contained herein govern the construction of these Rules and Regulations.
1. “District” means the North Kern Water Storage District.
2. “District Office” is the office designated from time to time by the Board of Directors pursuant to Section 40650 of the California Water Code and is currently located at 33380 Cawelo Avenue, Bakersfield, California 93308-9575. The mailing address of the District Office is P.O. Box 81435, Bakersfield, California 93380-1435. The telephone number is 661-393-2696.
3. “District Records” means the records on file at the District Office.
4. “Board” means the Board of Directors of the North Kern Water Storage District as duly constituted pursuant to Division 14 of the California Water Code.
5. “Manager” is the person appointed by the Board pursuant to its directions to manage and control the activities of the District.
6. “Project” and Adopted Project” is the District’s Original Project, adopted July 31, 1951, as modified in the Report on Modification of North Kern Water Storage District, Adopted 1950, which modified report was adopted March 3, 1964, and the new project for a proposed contract with the United States for use of conservation storage space in Isabella Reservoir, adopted by vote of the landowners on August 25, 1964 and includes District’s distribution system, including rights of way, land and water used in connection therewith which are collectively referred to as “Project Facilities.”
7. “Distribution System” means all fixed installations which are owned and/or operated by the District having the mission of diversion, conveyance, control, measurement, pumping, storage, spreading and delivery of water to land within the District.
8. “Class I Lands” are those lands defined and classified as Class I Lands in the 1950 Project Report on file at the District Office as modified from time to time by action of the Board. These lands are also referred to as “Canal Served Lands,” and are shown on the map attached hereto.
9. “Class I Water” is project water as defined in District’s adopted project that is available for delivery pursuant to these Rules and Regulations, to Class I lands or so-called “Canal Served Lands.” Class I water has as its main source of supply the District’s canal system, supplemented in shortage years by water obtained from groundwater from District pumps.
10. “Class II Lands” are lands defined as Class II Lands in the 1950 Project Report on file at the District Office as modified from time to time by action of the Board. These lands are also referred to as so-called “Private Pump Served Lands,” and are shown on the map attached hereto. Their main source of water supply is derived from their own private pumping plants.
11. “Class II Water” is water made available by District to a portion of Class II lands. At no time is the District under any obligation to provide surface water service to Class II lands. There are three types of Class II water. “Regular Class II Water” is water made available to Class II lands in years or at times when the full water needs of Class I lands have been satisfied and/or District spreading is occurring. “Special Class II Water” is water made available to Class II lands in years or at such times when the District is able to purchase water from others for the benefit and use by Class II lands. “Emergency Class II Water” is water made available to Class II lands on a temporary, interruptible basis while the private pumping facilities serving said lands are inoperative.
12. “Special Purpose Water” is water delivered on an interruptible and nondependable basis for construction work or other special purposes not directly related to agricultural uses under conditions established by the Board.
13. “Water User” is an owner of land which is entitled to receive surface water service from the District pursuant to these Rules and Regulations.
14. “Water Toll Rate” is the charge established from time to time by the Board as the amount to be paid by Water User for surface water service furnished by the District pursuant to these Rules and Regulations.
15. “Base Service Charge” is defined at Section XIII hereof.
16. “Agricultural Use” means water delivered primarily for production of agricultural crops, livestock and incidental use.
17. “Application for Water Service” is the form to be provided by the District to be completed and filed by Water User and acknowledged by the landowner. Two different types of forms are utilized. One form or application to be executed by the Class I Water User; the other form or application to be executed by the Class II Water User.
For purposes of clarification, the singular includes the plural and masculine includes feminine.
SECTION II. AUTHORITY OF DISTRICT MANAGER AND EMPLOYEES
The District’s Distribution system is under the exclusive management and control of the Manager. No other person except the Manager, or his designee, shall operate any of the facilities of the District’s system. The responsibility for carrying out said operations shall rest with the Manager of the District, who shall designate certain District employees for operation and maintenance responsibilities of District’s distribution system.
2. District Employees, Agents and Designees
The Manager shall supervise the duties and activities of all District employees, agents and designees in a manner that produces, at all times, an efficient and economical operation of all District facilities.
Any controversy arising between a Water User and a District employee, agent or designee that cannot be amicably resolved by the parties shall be directed to the Manager for consideration. If the resultant settlement decision by the Manager does not meet with the satisfaction of the Water User, an appeal in writing can be addressed to the Board of Directors, whose subsequent decision shall be final.
SECTION III. DELIVERY AND USE OF WATER
1. Water User may use project water only as provided in these Rules and Regulations. Water User acquires no property right in the District’s Distribution System or in the project water and the District retains the right to all water not consumptively used by a Water User.
2. District will deliver water to Water Users through its Distribution System only pursuant to these Rules and Regulations.
3. Water furnished by the District other than Special Purpose Waters is to be used for agricultural use only. All water furnished by the District is in a raw, untreated condition and is considered unfit for human consumption without treatment. The character and quality of the water furnished may vary from time to time, and the District does not represent, guarantee or warrant in any manner or respect the character of quality thereof. The District may, however, suspend service during any period of time it has determined that the water is unfit for agricultural purposes which determination shall be final and conclusive.
4. Emergency Class II water may be made available to a person requesting such service if the Manager determines that providing such service is in the best interest of the District and will not interfere with obligations of the District. The Manager shall keep the Board advised of any Emergency Class II Water Service. Alternatively, the Board may direct that Emergency Class II water be made available upon finding such action would be in the best interest of the District and would not interfere with obligations of the District.
5. Special purpose water service may be made available if the Board determines that it is in the best interest of the District, will be for a limited period of time and will only be made if it does not interfere with the obligations of the District.
SECTION IV. APPLICATION FOR WATER SERVICE AND
AUTHORIZATION FOR ADMINISTRATION THEREOF
1. In order to be eligible for surface water service the owner of the lands eligible to be served must complete, execute and file with the District an Application for Water Service which describes the lands to be served and establishes those persons authorized to place turn on and turn off orders pursuant to Section V hereof.
No application will become effective for a water user who is delinquent in any District charge or for service to any lands for which any assessment, toll or charge is delinquent unless said water user meets the criteria pursuant to Section IX-8.
Forms of the application are available at the District Office. The original and one copy of the completed application shall be returned to the District office for filing. Should the District have actual knowledge that there are Class I lands within the District for which no application has been filed, it may mail an application to the owner in accordance with the ownership and address shown on the current records at the District office. None of the foregoing establishes a duty on the District and it remains the duty of the landowner to see that a proper application is on file with the District.
When land is sold or title otherwise transferred, or when a new tenant takes possession, the District will not deliver water to such lands until a proper and binding Application for Water Service is completed and filed by the new owner and/or the new tenant.
2. An application shall be executed by all persons that are owners of record of the lands to be served and each signature must be acknowledged before a Notary Public.
If the application is executed in any of the following capacities it shall be accompanied by the following information:
a. A guardian, conservator, administrator, executor or trustee of a testamentary trust shall furnish a certified copy of an appropriate order of court authorizing such action.
b. A trustee of an intervivos trust shall furnish a copy of the recorded trust powers.
c. A partnership shall furnish a copy of a statement of partnership recorded under Corporation Code Section 15010.5. An application executed by a General Partner in a limited partnership shall furnish evidence of authority to obligate the partnership.
d. An attorney-in-fact shall furnish a copy of the recorded power of attorney.
e. Any other person acting in any representative capacity shall furnish evidence of his authority to act to the satisfaction of the Board.
3. If an Application for Water Service is executed by any of the following, it shall be accompanied by an Appointment of Agent to Act For Water User form which provides authority to do any and all acts to be done by the water user pursuant to these Rules and Regulations, including but not limited to, the authority to order water service for the designated lands, to receive all notices and billings from the District and to appoint sub-agents with like authority.
Such agents are to be appointed where the ownership of the land affected is in more than one person, excepting a husband and wife living at the same address, including but not limited to the situation where the subject land is owned by:
a. A corporation.
b. A partnership.
c. A Limited Liability Corporation.
d. A Limited Liability Partnership.
e. A joint venture.
f. The State, a county or other public agency.
g. Similar entities.
Forms of the Appointment of Agent are available at the District office. They are to be executed and filed in the same form and manner as the application.
4. Water user or his duly appointed agent may designate a person or persons other than himself to place orders for and/or receive District billings pursuant to Section IX hereof. Said designation shall be on forms provided by the District and shall constitute the consent of the Water user to the collection by the District of all tolls and charges arising from the water orders so authorized in the manner authorized by Sections 47181 to 47185, inclusive, of the California Water Code.
5. Without limiting any other provision in these Rules and Regulations, the power and authority of an agent or designee appointed pursuant hereto shall continue until the owner of the lands affected shall revoke such appointment. In event of such revocation, the District Manager shall be notified in writing. In the event of multiple ownerships a revocation may be made by a majority of the landowners affected, determined on an acreage basis. It is understood that the agency or designation made pursuant hereto shall not be revoked by death or incapacity of less than all of the appointing landowners.
6. In administering these Rules and Regulations, the District will rely upon the records on file at the District office for matters regarding title to land, address of landowners, authorizations, appointments, designations, and the like, filed with the District by a water user pursuant hereto which are continuing representations upon which the District is entitled to rely unless and until the District has received at the District office actual written notice of revocation. Such representations are for the benefit of the lands affected and any charge or obligation arising in favor of the District by reason of its reliance upon such continuing representations, authorizations, applications, appointments, designations and the like filed with the District shall constitute a lien upon the lands affected thereby with the same force and effect and priority as an assessment lien and, in addition to all other remedies which may be available to the District shall be collectible, all as provided in Sections 47181 to 47185, inclusive, and Section 43003 of the California Water Code.
SECTION V. ORDERING WATER SERVICE AND MEASUREMENT OF WATER
The landowner, by filing a fully executed Application, making the necessary appointments and by paying all assessments, tolls and charges when due, satisfies these Rules for servicing of water orders.
Orders to turn on and turn off water shall be made by the landowner, or the person authorized pursuant to Section IV hereof, at the District Office, personally or by telephone Bakersfield, 661-393-3361 or Shafter-Wasco 661-746-3364.
Charges for water service made available pursuant to water orders will be calculated on the basis of continuous flow, from the time of the scheduled turn on to the scheduled turn off, multiplied by the appropriate water toll rate, and in accordance with Section IV.5. hereof.
Water user acquires no property right in the District’s water supply or District’s facilities by filing such order and the District retains the right to all water not consumptively used by the water user.
1. Such orders shall be submitted a minimum of 48 hours prior to the time service is requested. Water delivered will run continuously day and night until the amount of water ordered and scheduled by District for the period has been delivered. No “turn on” order will be accepted for less than a 24-hour period, unless special arrangements can be made with the District or the District has in effect a less-than-24-hour run program where water users can place orders for specific less than 24-hour periods. For the purpose of properly scheduling District’s activities, it is important that “turn off” orders be given at the same time that a “turn on” order is given.
2. In general, service will be provided as requested; however, at times, District may require the rescheduling of service due to capacity limitations within the District’s distribution system or necessary shutdowns for emergencies beyond District control.
3. On the day the order is put into effect the system attendant will turn the delivery gate on or off, in accordance with the scheduled delivery, at the time he passes the gate on his regular run. Generally, turn ons, turn offs and adjustments will be made by District’s system attendant in the mornings. Orders for a certain hour cannot be accepted, but the system attendant will cooperate with the water user as far as possible and still maintain efficient operation of the system.
4. In the event water delivery is reduced or turned off due to actions taken by the water user, his agents, designees or their employees (including but not limited to a request that District make a non-scheduled turn off) the full amount of the water service ordered by the water user and scheduled by the District shall be paid for in accordance with the terms of the Application for Water Service and the accepted water order. If a water user, his agent, servant, employee or designee effects such unauthorized turn off he must immediately notify the system attendant or District Office.
SECTION VI. EMERGENCY TURN OFF
Water user or the District may, in an emergency, turn off the supply of water at the delivery facility. If the District effects such an emergency turn off, the water user receiving service will be notified as soon as possible. As soon as service can be resumed the water user will be notified that the District is completing his order. If a water user, his agents, servants, employees or designees effects such emergency turn off he must immediately notify the system attendant or District Office. Water users, by executing the Application for Water Service, agree to be responsible for loss or damage caused by effecting such a turn off, which amount may be collected in the same manner as the water service charges.
SECTION VII. INTERRUPTIONS IN SERVICE
Temporary shutdowns may be made by District to make improvements and repairs. Except in any emergency, all affected water users will be notified prior to making such temporary shutdowns.
In the event the District projects a water shortage for the balance of the seasonal year then the available supply will be proportioned as determined by the Board of Directors for all Class I landowners in a manner equitable and fair.
SECTION VIII. CONTROL, USE AND RECAPTURE OF WATER
1. The District will not be responsible for the control, carriage, handling, use, disposal or distribution of water delivered to water user hereunder outside the facilities then being operated and maintained by District. Water user shall indemnify, assume the defense of and hold harmless the District and its officers, agents and employees from any and all loss, damage, liability, claims or causes of action of every nature whatsoever, for damage to or destruction of property, including District’s property, or for injury to or death of persons, in any manner arising out of or incidental to the control, carriage, handling, use, disposal or distribution of water outside such facilities.
2. District retains the right to all Project water not consumptively used by a water user. District may recapture water delivered to water user which may return to a District facility from any source. Such recapture shall not relieve a water user from any liability under sub-section 1 above. Once recaptured, water user causing such water to be subject to recapture shall have no recourse to District except as to such right as he may have as a water user.
SECTION IX. BILLINGS, PAYMENT AND DELINQUENCY
1. The landowner is responsible to the District for the payment of all tolls, charges and assessment incurred or assessed against said lands pursuant to said Adopted Project or these Rules and Regulations.
2. The Board may from time to time establish separate tolls for Class I Water, Regular Class II Water, Emergency Class II Water, and Special Purpose Water, less-than-24-hour-run-surcharge, or other classifications of water service it may establish. Likewise the Board may from time to time establish tolls and charges for use of District facilities. Water tolls and charges shall be filed with the District’s records and shall be available for public inspection.
3. Charges for water service made available pursuant to water orders will be calculated on the basis of continuous flow from the time of the scheduled turn on to the scheduled turn off multiplied at the appropriate water toll rate.
In the event water delivery is reduced or turned off due to actions taken by the water user, his agents, or designees or their employees, including but not limited to a request that District make a non-scheduled turn off, the full amount of the water service ordered by the water user and scheduled by the District shall be paid.
4. Billings for water service made available pursuant to water orders will be prepared in accordance with water the District scheduled for delivery pursuant to turn on and turn off orders made pursuant to Section V hereof. The billings will be calculated on the basis of continuous flow during all days and nights, including Sundays and holidays, from the time of the scheduled turn on to the scheduled turn off multiplied the appropriate water toll rate and in accordance with Section IV.5 hereof.
5. For convenience of the water users, invoices for water service will be sent to the person designated in the Application for Water Service or Authorization to Receive District Billings and to place water orders shortly after the first of the month for the water taken during the prior month. Payments are due, payable and delinquent as provided in subsection IX.7 hereof.
No water will be delivered if the water user’s account is delinquent or if the lands to be served are delinquent as to any District assessment, toll or charge.
6. Payment by check should be made to the order of the North Kern Water Storage District and payments may be mailed to P. O. Box 81435, Bakersfield, California 93380-1435 provided they are received with the time specified. Payments by check shall be deemed payment on the date received provided the check clears the bank in the ordinary course of business.
7. Payment is due and payable on the 1st day of the month following delivery and, if the payment is not received by the District by 5:00 o’clock p.m. on the 30th day following the date it is due and payable, said payment is delinquent within the meaning of the provisions of Water Storage District Law and the availability of water to said lands and delivery of water to said water user will be discontinued. Water service will no longer be made available to said delinquent lands and no deliveries of water will be made to said delinquent water user until all sums due and payable to District from said lands and water user, together will all interest and penalties, have been paid. To reinstate a delinquent account payment of all charges, principal and interest must be paid in full and advance payments or security deposits may be instituted by order of the Board as a condition of future availability of water to said water user. Under Water Storage District Law, such toll and charge, when delinquent, must be increased by a penalty of 10% and the resulting total bears interest at the rate of 12% per year from the date of delinquency until date of payment.
Should a water user be delinquent on January 1, the Board at its next regular meeting shall commence proceedings to collect the charge as provided in Sections 47181 to 47185, inclusive, of the California Water Code. This may lead to a sale of the property affected and to continued refusal of water service. The District may also initiate such at other times during the year as directed by the Board.
8. Upon being provided evidence that a water user may be able to utilize a deepwell or other alternative water supply, the District staff may allow a prepayment for water delivery to lands in which any assessment, toll or charge is delinquent. Upon utilization of the prepayment for water deliveries all deliveries shall cease.
SECTION X. INTERFERENCE WITH DISTRIBUTION SYSTEM
No person shall molest, tamper with, or interfere with structures, meters or devices used for the delivery of water. In this connection attention is directed to the following:
SECTION 592, PENAL CODE OF THE STATE OF CALIFORNIA: WATER DITCHES, ETC., PENALTY FOR TRESPASS OR INTERFERENCE WITH.
“Every person who shall, without authority of the owner or managing agent, and with intent to defraud, take water from any canal, ditch, flume or reservoir used for the purpose of holding or conveying water for manufacturing, agricultural, mining, irrigating or generation of power, or power, or domestic uses, or who shall without like authority, raise, lower or otherwise disturb any gate or other apparatus thereof, used for the control or measurement of water, or who shall employ or place, or cause to be emptied or placed, into any such canal, ditch, flume or reservoir, any rubbish, filth, or obstruction to the free flow of the water, is guilty of a misdemeanor.”
SECTION XI. RIGHT OF ENTRY
By execution of an Application for Water Service, water user grants to District, its agents, servants, employees, and designees, a right of entry of water user’s lands for the purpose of properly providing requested service by the water user.
SECTION XII. ENFORCEMENT OF RULES AND REGULATIONS
The manager shall be responsible for the enforcement of these Rules and Regulations. Refusal to comply with any of the Rules and Regulations shall be sufficient cause for the termination of water service, and water service will not again be furnished until full compliance has been made with all the requirements herein set forth. In no event shall any liability accrue against the District or any of its officers, agents or employees, for damage, direct or indirect, arising from such temporary discontinuance or reduction of water deliveries.
SECTION XIII. PROCEDURE FOR ANNUALLY FIXING THE AMOUNT
OF BASE SERVICE CHARGES
1. In accordance with Section 43003 of the Water Code, the following procedures are established for fixing tolls and charges authorized by Sections 43006 and 47180.
In order to provide for payment of project costs in proportion to services rendered to all lands within the District and in proportion to the services rendered to developed Class I and Class II lands under present Project conditions it is necessary that a Base Service Charge, in addition to tolls and charges fixed for surface water service, including charges for use of the District’s distribution system, be established which charge shall be made due and payable or a day certain between November 1st and December 1st of each year.
The Base Service Charge is the amount of money necessary to be raised by the District to provide for and to recover costs incurred in the administration of the District, including salaries, services and supplies, and the costs incurred by reason of the construction and operation of its adopted Project, in excess of income from surface water service, including charges for use of the District’s distribution system, plus a reasonable percentage not to exceed 15% for delinquency, and a percentage necessary to cover costs of collection.
Since there are no undeveloped assessable lands in the District and since all assessable Class I lands use or have the potential to use District surface water service and all other assessable lands are Class II lands developed in reliance upon the use of groundwater, which includes all commercial, industrial and residential lots or parcels, benefit from the District and its operations, District costs to be recovered from the Base Service Charge shall be allocated in accordance with the benefits attributable to Class I and Class II lands, which costs shall be shared equally on a per acre basis among all landowners of each class of land; EXCEPTING, that minimum rates per parcel may be established for tracts of land less than five acres in area.
2. It is necessary that the following procedure be established for annually fixing and collecting the Base Service Charge:
a. At the regular meeting in October or at such other time as may be announced at said meeting, the Board shall consider, determine and by resolution fix the total amount to be collected by reason of such charges; The percentage for delinquency and cost of collection attributable to such charges; the amount to be collected from Class I and Class II lands and the estimated rates per acre necessary to collect the charge from the respective classes of land; the minimum rate for sub-five acre parcels; order the adoption of the preliminary roll and that the roll be extended by the Manager in accordance with the findings of the Board and filed with the Secretary; set the time and place of hearing of objections to the roll as provided in subparagraph (d) hereof and determine the newspaper or newspapers in which notice shall be published.
b. Prior to the fixing of the charge by the Board, the Manager shall prepare and file with the Board a report recommending an allocation of costs proposed to be collected as the Base Service Charge together with a proposed preliminary roll. The report shall contain an estimate of the total amount to be collected by reason of such charge and as allocated to Class I and Class II lands; the percentage for delinquency and cost of collection attributable to such charge; the estimated rates per acre for Class I and Class II lands and the minimum charge for parcels less than five acres in area.
The roll shall set forth the assessee parcels and assessee names for each parcel of assessable land in the District, determined in accordance with the provisions of Chapter 3, Part 1, Division 14 (commencing with Section 39050) of the Water Code and matters on file in District’s records; the County Assessor’s parcel numbers; the acreage assessed to each such assessee according to District’s records and the classification of each such tract of land.
The Manager shall estimate the preliminary rates per acre for said charges, which rates shall be based upon the matters set forth in said roll and the determinations of the Board and shall be separately stated as a rate per acre for Class I and Class II lands and the rate of tracts less than 5 acres.
Said roll may include information mentioned in Sections 47325 et seq. of the Water Code dealing with collection of assessments against which bonds have been issued.
c. Said report, resolution and preliminary roll as extended shall be filed with the Secretary and be available for public inspection at the District office. Plat maps of assessable acreage shall be prepared by the District’s staff and shall be kept on file at the District’s office.
Without designation the Secretary shall forthwith publish notice of the filing of the preliminary roll, which notice shall set forth the preliminary rates per acre, the minimum charge for parcels less than five acres in area and declare the time and place set by the Board when the Board will meet and hear any objection to the charges established for said respective tracts of land as set forth in the roll. Said notice may contain matters required by Section 47325 et seq. Of the Water Code dealing with collection of assessments against which bonds have been issued. The notice shall be published once a week for two successive weeks, as provided in Sections 39057 and 47326 of the Water Code. Said hearing shall not be less than three weeks after the first date of publication.
As a convenience to the assessees the Secretary shall deposit a copy of said notice in the mail, addressed to each assessee shown on the preliminary roll at their address as set forth in said roll. The mailing shall be completed at least 10 days prior to the hearing date.
d. At the time and place for hearing of objections, the Board shall consider such objections to the roll and make such corrections thereto as are necessary and proper. Upon conclusion of the hearing, the Board shall by resolution adopt said roll as finally fixed and determined; make such changes in the preliminary rates per acre necessitated thereby; fix the date the charges shall be due and payable which date shall be no later than December 1; order that the charges be collected by the District Treasurer; and order the Treasurer of the District to certify said roll. provided, however, that the Board may order that a portion of the charge may be paid as a second installment due and payable no later than April 1 of the following year. The certified roll shall be filed with the Secretary of the District.
e. The Secretary shall forthwith publish notice of the filing of the roll as finally fixed and adopted which notice shall contain the information mentioned in Subparagraph ©). hereof as the same has been finally determined. As a convenience to the assessees, the Secretary shall deposit in the mail, addressed to each assessee as shown on the roll, an invoice stating the amount of the Base Service Charges due and payable to the District Treasurer for said parcel prior to December 1st of each year. Said invoice may include information regarding payment of calls on assessments against which bonds have been issued as is mentioned in Sections 47352 et seq. of the Water Code.
f. The Base Service Charge becomes delinquent if payment is not received by the District Treasurer by 5:00 o’clock p.m. on the 30th day following the date charges are due and payable. Delinquent accounts and affected landowners shall be subject to the same provision applicable to water tolls and affected water users, as more particularly described at Section IX.7 above.
g. The policy and procedure contained in this section shall continue until such time as the Board determines, pursuant to noticed public hearing, that said charges, or any of them, are to be fixed on some basis other than that herein provided or until such time as there has been a reassessment of Project costs as provided in Section 46355 of the Water Code.
SECTION XIV. ENCROACHMENT ON DISTRICT PROPERTY
Without limiting rights otherwise reserved, consent for encroachment will be required from the District before any drains, fences, pipelines or other encroachments will be permitted upon District’s property. Consent forms will be furnished by the District to the applicant and must first be approved by the Manager or his designee before any construction begins. Where District rights in any property are an easement, no encroachments will be permitted which will in any manner interfere with the rights under said easement, and the District’s consent must first be obtained before any pipelines or other encroachments are constructed in any easement area. The work shall be constructed to specifications approved by the District at the sole expense of the permittee and maintained to the satisfaction of the District. If such consent is granted, the permittee shall be solely responsible for and shall indemnify and shall assume the defense of and hold harmless the District and its officers, agents and employees from any and all loss, damage, liability, claims or cause of action of every nature whatsoever, for damage, to or destruction of property, including the District’s property, or for injury to or death of persons, in any manner, arising out of permittee’s exercise of rights and privileges given in the granting of the such consent. Issuance of consent does in no way grant a permanent right, and if the District determines at a future date that said works do in fact interfere with its operations, said works shall be removed and the District’s property restored to its original state at the sole expense of the permittee. Granting of such consent does in no way and in no extent surrender or subordinate the District’s control or supervision over the encroachment. Any person or his authorized agent who uses the property of District for the movement of equipment shall be responsible to District for any damage to District property. Any persons using a District right-of-way for any purpose assumes all risks associated therewith and assumes the responsibility for any damage to District property resulting therefrom and also for any damage to private property caused by such dame to District property.
SECTION XV. ACCESS TO DISTRICT RECORDS
All District records shall be maintained at the District Office. Such records are for the exclusive use of the District and shall be made available for use for other purposes only as provided by Resolution No. 80-44, as amended from time to time, adopted pursuant to the California Public Records Act (Government Code Sections 6250 et seq.).
SECTION XVI. GENERAL PROVISIONS
1. No water necessary to meet the demands of Class I lands under these Rules and Regulations shall be diverted at any time for the irrigation of Class II lands. Water user shall use the project water only upon the lands shown in his Application for Water Service and to be irrigated pursuant to the turn on order.
2. As stated in Section III.3, the water furnished by the District is not treated to make it safe for drinking purposes and anyone making such use of District water does so contrary to these Rules and Regulations at his own risk.
SECTION XVII. UNUSED ENTITLEMENT IN DISTRICT’S DISTRIBUTION SYSTEM.
The Board may authorize the use of such unused capacity in its Distribution System as the Board may in its absolute discretion determine that it is to the best interest of the Class I and Class II Lands for the benefit of areas annexed to the District by proceedings known as Annexation No. 1 (1966) upon such terms and conditions as the Board may from time to time establish.
Northing herein contained shall detract from the conditions under which such lands were annexed to the District including that portion reading as follows: “No annexed area nor any of the landowners within the annexed area shall acquire any use or right of use of existing property of the North Kern Water Storage District, real or personal, including but not limited to rights for conveyance of water by reason of the annexation of said territory.
SECTION XVIII. CHANGES IN RULES AND REGULATIONS
These Rules and Regulations shall become effective October 21, 2003, and can or may be added to, amended or repealed at any time by resolution of the Board.
SECTION XVIV. SEVERABILITY OF PROVISIONS
If any provision of these Rules and Regulations, or the application thereof to any person or circumstances, is held invalid, the remainder of these Rules and the application of its provisions to other persons or circumstances, shall not be affected thereby.
1. Map of District - Class I and Class II lands.
2. Copy of resolution of Board of Directors for Adoption of Rules and Regulations effective October 21, 2003.
BOARD OF DIRECTORS
North Kern Water Storage District
Minutes of Regular Meeting - October 21, 2003
The following is a portion of the actual Minutes of October 21, 2003.
(03-91) Upon motion of Director Castle, seconded by Director Fanucchi, that the “ Rules and Regulations for Distribution and Use of Water for the North Kern Water Storage District, Amended and Restated on October 21, 2003” was authorized by the following vote:
AYES: Directors Castle, Fanucchi and Wilkendorf
ABSENT: Directors Andrew and Camp