Article IX. Conditions of Domestic Water Service
3.05.380 General provisions.

A. Maintenance of Domestic Water Service. The district will exercise reasonable diligence and care to furnish and deliver a continuous and sufficient supply of water to the customer and to avoid any shortage or interruption of delivery of same. The district is not liable for interruption, shortage, insufficiency of supply or any loss or damage occasioned thereby, if same is caused by accident, act of God, fire, strike, riot, war or any other cause not within its control.

B. Suspension of Domestic Water Service. The district, whenever it finds it necessary for the purpose of making repairs or improvements to the water system, may suspend domestic water service temporarily. This temporary suspension of service will inactivate a fire suppression system that is provided water through the customer’s service connection. In all such cases, a reasonable notice thereof, as circumstances will permit, will be given to the customer. The making of such repairs or improvements will be done as rapidly as practicable and, if practicable, at such times as will cause the least inconvenience to the customers.

C. Pressure. The district operates the domestic water system within a static pressure range between 60 to 100 pounds per square inch (psi). Applicants connecting to the domestic water system in an area with a static water pressure below 60 psi will be required to execute a low pressure agreement. If the static water pressure exceeds 80 psi, an individual pressure regulating valve is required on the customer service line as required by the Uniform Plumbing Code.

The district assumes no obligation to deliver water to elevations higher than its existing facilities serve. Where properties are situated at such an elevation that the applicant cannot be assured of a dependable supply from the domestic water system and/or the desired rates of flow and/or pressure required by the particular operation to be conducted on the property cannot be assured by the district, the applicant, in consideration of district approval of a service connection, accepts such domestic water service as the district is able to render from its water system. The applicant agrees to construct, if necessary, and maintain at its sole expense on its property a tank and/or a booster pump of sufficient capacity to furnish an auxiliary supply of water at such times as pressure in the domestic water system may be insufficient to supply the property with water. The applicant will be required to execute a written release to the district for all claims for failure to furnish an adequate water supply.

Due to topography, and other causes, the water pressure is not uniform over the district’s service area. The installation of new domestic water infrastructure and/or modifications to the water system operation may result in water pressure changes to various areas within the service area. The district will attempt to maintain adequate pressure and/or flow at all existing service connections; however, customers dependent upon a continuous water supply shall provide adequate storage for emergencies and to prevent damage, at their sole expense, if required by the district.

D. Responsibility. The district owns, operates and maintains the service connection. The property owner is responsible for the customer service line.

The district is not responsible for the delivery of water through private pipelines or any damage resulting from the operation of same.

E. Liability. The customer waives any and all claims of any nature against the district, except those related to gross negligence on the part of the district, and releases the district from any liability for damage to the customer’s system, property and appliances from any cause whatsoever resulting from gross negligence on the part of the district. The customer further waives any and all claims of any nature against the district and releases the district from any liability for losses or damage to the property receiving domestic water service, which may involve quantity, quality, foreign material, time or occasion of the delivery of domestic water by the district.

F. Damage to Meter by Hot Water. The customer shall be liable for damage to the meter caused by hot water from the property. The deformation or warp of a disc or a registered figured disc of any meter shall be held to be prima facie evidence of such damage having been caused by the action of heat. Should such damage occur, the customer will be notified to correct the plumbing conditions causing such damage and will be charged for the cost of repairs to the meter. Should the condition not be corrected and the meter repair bill not paid within 10 days after notice, domestic water service to the property may be terminated and domestic water service will not be restored until the bill is paid, together with a charge for restoration of service, as provided for in CVWDC 3.05.320(A).

G. Transfer of Meters. No person shall transfer or move a meter to a new location without district authorization once it has been installed by the district at any service connection. Such transfer or removal will constitute an unauthorized connection or installation. The customer is responsible for loss or damage to a meter from the time it is installed until it is removed by the district. Any person who is determined by district staff to have violated the provisions of this section shall be subject to a penalty as provided in Appendix V of this chapter; domestic water service may be terminated, district facilities removed or locked off and the district may also file a civil action to recover damages as authorized by Cal. Water Code §§ 31080 and 31102. (Ord. 1399.12 § 9-1, 2017)

3.05.390 Change in water usage.

A customer making any change to a property that may result in a material increase of water demand originally described on the domestic water service application shall immediately give the district a written notice of the nature of the change. Any such changes must then be approved by the district and/or modifications must be made at the owner’s expense and in conformance with district requirements. Failure to notify the district of such change or failure to comply with these regulations is considered an unauthorized use of domestic water and shall result in costs and penalties as provided for in Appendix V of this chapter. (Ord. 1399.12 § 9-2, 2017)

3.05.400 Communication.

A. To Customer. Nonemergency notifications from the district to a customer will normally be given in writing and either mailed or delivered to the street address described in the application for service. In cases where the property owner has authorized another party, such as a tenant, to be billed, the district will also provide a copy of the notice to the property owner, at its request, as provided in CVWDC 3.05.280(B).

Emergency notifications for small service areas including schools, hospitals, health care centers, day care centers, convalescent homes and other critical facilities will be accomplished by door-to-door contact, email, phone calls and door hangers using available domestic water, water service and water quality personnel and the billing information available to the district from the customer’s application form. Notification in the affected service area(s) will be completed within 24 hours of being directed by the California Department of Public Health (CDPH).

Emergency notifications for large service areas including schools, hospitals, health care centers, day care centers, convalescent homes and other critical facilities will be performed through electronic communication. District resources personnel will conduct a press conference where a notice by CDPH will be furnished to the news media. This includes all radio and television stations broadcasting in the area and all local and general area newspapers. Notification in the affected service area(s) will be completed within 24 hours of being directed by the CDPH.

A map of the affected service area will be on display at the press conference and distributed to the media and to special telephone answering personnel who accept calls and answer questions from consumers 24 hours a day. In addition, the map of the affected service area will be posted on the district’s website.

B. To District. Nonemergency notifications from the customer to the district may be given and accepted by any appropriate means of delivery, including but not limited to, electronically, by phone call, by mail or in person.

Customers shall contact the district’s 24-hour emergency operators at (760) 398-2651 to request immediate assistance. (Ord. 1399.12 § 9-3, 2017)

3.05.410 Conflict with district domestic water infrastructure.

Any person making improvements or changes to its property which may interfere with district easement rights, endanger domestic water infrastructure or cause additional funds to be expended on operation and maintenance, shall abide by the requirements outlined in Section 3.4 of the district’s Development Design Manual (district encroachment permit process). (Ord. 1399.12 § 9-4, 2017)

3.05.420 Resale of water.

No person shall enter into any contract or agreement to resell domestic water it receives from the district. No person shall deliver or cause to be delivered domestic water acquired from the district to any property other than that described in the application for domestic water service. Discovery of such action by the district may be cause for immediate termination of service without additional notification. (Ord. 1399.12 § 9-5, 2017)

3.05.430 Unauthorized use of domestic water or the water system.

A. The actions listed below are prohibited by these regulations; penalties are provided for in Appendix V of this chapter. Unpaid penalties shall be included on the customer’s bill and will be due and payable before domestic water service will be restored. The property owner is liable for payment of all unpaid bills, costs, loss, damage, penalties, charges, or fees regardless of user or use associated with the unauthorized use of domestic water or the water system.

1. To operate or attempt to operate a public or private fire hydrant or detector check, except for the suppression of fire or except when a permit for a temporary service connection is issued, as provided for in CVWDC 3.05.080.

2. To cause or permit the waste of water from the water system or to maintain or cause or permit to be maintained any leaky outlets, apparatus or plumbing fixtures through which water is permitted to waste including, but not limited to, detector checks.

3. To use water for washing sidewalks and driveways in a manner that prevents the usual and customary use of public streets and sidewalks by others.

4. To permit water sprinklers to spray onto sidewalks and streets or to permit water to run from the customer’s property onto public sidewalks and streets in such a manner as to cause risk and/or damage to the public or to public and private property.

5. To cause or permit the waste of water by operating any equipment that uses water in a “single pass” operation. Examples of this use include, but are not limited to, water cooled equipment (i.e., refrigerators, freezers, ice machines, chillers, cooling towers, air conditioners, heat exchangers, ice cream dispensers, yogurt dispensers and precoolers) and commercial vehicle washes (i.e., car and/or truck washes).

6. To change or alter the original intended use of the meter and what it serves.

B. In addition to assessing penalties provided for in Appendix V of this chapter, the district may seek criminal prosecution, as authorized by Cal. Penal Code § 498, for which any person who with intent to obtain for himself or herself domestic water service without paying the full lawful charge therefor, or with intent to enable another person to do so, or with intent to deprive the district of any part of the full lawful charge for domestic water service it provides, commits, authorizes, solicits, aids or abets any of the following:

1. Diverts or causes to be diverted domestic water service, by any means.

2. Prevents any domestic water service meter, or other device used in determining the charge for domestic water services, from accurately performing its measuring function by tampering or by any other means.

3. Tampers with any property owned by or used by the district to provide domestic water service.

4. Makes or causes to be made any connection with or reconnection with property owned or used by the district to provide domestic water service without the authorization or consent of the district.

5. Uses or owns the property that receives the direct benefit of all or a portion of domestic water service and/or has knowledge or reason to believe that the diversion, tampering, or unauthorized connection existed at the time of that use, or that the use or receipt was otherwise without the authorization or consent of the district.

C. Furthermore, the district may seek criminal prosecution for the presence of any of the following objects, circumstances or conditions on property controlled by the customer or by the person using or receiving the direct benefit of all or a portion of domestic water service obtained in violation of Cal. Penal Code § 498 shall permit an inference that the customer or person intended to and did violate Cal. Penal Code § 498:

1. Any instrument, apparatus or device primarily designed to be used to obtain domestic water service without paying the full lawful charge therefor.

2. Any meter that has been altered, tampered with or bypassed so as to cause no measurement or inaccurate measurement of domestic water service. (Ord. 1399.12 § 9-6, 2017)

3.05.440 Ground wire attachment.

Any person is liable for any damage to the water system or district personnel which may be occasioned by the attachment of any ground wire or wires to any plumbing which is or may be connected to the water system. (Ord. 1399.12 § 9-7, 2017)

3.05.450 Unused service connection.

A permanent service connection which has been inactive for a period of 180 consecutive days may be considered unused and the meter may be removed by the district. Thereafter, any person desiring service for the property, or any portion thereof, formerly supplied by such inactive service connection shall make application for domestic water service. In cases where the district has removed the meter from the property, the applicant will be required to pay the applicable charge for a permanent service connection installation as provided for in CVWDC 3.05.150(A). In cases where the meter has not been removed from the property, the applicant will be required to pay the current charge for restoration of service as provided for in CVWDC 3.05.200. (Ord. 1399.12 § 9-8, 2017)

3.05.460 Quick closing valve.

A. Operating Conditions. No person shall install or use a quick closing valve or other device when such valve or device during its operation causes a water hammer or an abrupt change of pressure in the water system. When such a condition exists, the customer will be required to discontinue use of such valve or device immediately upon notification by the district and may be liable for costs to repair any damage caused to the district’s domestic water service infrastructure.

B. Notice of Correction. If the notice of correction of such condition is not complied with, service will be discontinued until the correction is made by a proper installation to eliminate all such water hammer or abrupt change of pressure. (Ord. 1399.12 § 9-9, 2017)

3.05.470 Responsibility for equipment.

The customer shall, at its own risk and expense, furnish, install and keep in good and safe condition all of the equipment on the customer’s side of the meter that may be required for receiving, controlling, applying and utilizing water. The district is not responsible for any loss or damage caused by improper installation of such equipment, negligence, want of proper care or wrongful act of the customer or of any of its tenants, agents, employees, contractors, licensees or permittee in installing or maintaining, using, operating or interfering with such equipment. The district is not responsible for damage to property caused by spigots, faucets, valves and other equipment that are open when water is turned on at the meter. (Ord. 1399.12 § 9-10, 2017)

3.05.480 Damage.

Any person who is determined by district staff to have violated the provisions of this article shall be subject to a penalty as provided in Appendix V of this chapter, domestic water service may be terminated, district facilities removed or locked off and the district may also file a civil action to recover damages as authorized by Cal. Water Code §§ 31080 and 31102. (Ord. 1399.12 § 9-11, 2017)