A. The Coachella Canal, protective works, and distribution system are within USBR rights-of-way (fee-owned or withdrawn lands and/or easements), according to easements granted by landowners for construction of laterals and turn-out structures on or across their property. Generally, landowners reserve the right to cultivate, occupy and use said premises for any purpose consistent with the rights and privileges that will not interfere with or endanger any of the structures or equipment of the United States. Landowner’s activities or encroachments that do damage USBR or CVWD facilities may be held responsible for all costs to repair or replace the damaged facilities. In addition, the easement of the pipeline shall be confined to lands within five feet of either side of the line and shall not be laid with less than three feet of earth cover over the pipe. No fences or other obstructions should be constructed, which would interfere with normal operation and maintenance of main laterals.

When an encroachment permit is requested from CVWD regarding any project (except agricultural cultivation) that will or may encroach upon the canal water system facilities (ROW), or any other CVWD facility, in addition to any requirements of USBR when applicable, CVWD’s general manager, or his/her representative, shall evaluate the potential adverse impacts that will or may result from the proposed encroachment and shall determine the mitigation required to reduce the potential impacts to an acceptable level. The implementation of said determination to the satisfaction of the general manager or his/her representative shall be made a condition of the issuance of the USBR agreement and/or CVWD encroachment permit.

Per Cal. Gov’t Code § 4216, all persons planning to perform excavation work shall contact DigAlert before they dig. Failure to do so may result in a fine.

When an agricultural cultivation encroachment is requested or discovered by CVWD that will or may encroach upon the canal water system facilities (ROW), or any other CVWD facility, in addition to any requirements of USBR when applicable, CVWD’s general manager, or his/her representative, shall evaluate the potential adverse impacts that will or may result from the proposed encroachment and shall determine the mitigation required to reduce the potential impacts to an acceptable level. The implementation of said determination to the satisfaction of the general manager or his/her representative shall be made a condition of the issuance of the USBR agreement or CVWD agricultural noninterference review letter (Ag NIRL) with USBR consent. The Ag NIRL is a letter acknowledging that agricultural cultivation encroachments interfere with USBR’s easement rights, but that CVWD and USBR are willing to permit the improvements with the condition that if CVWD operation and maintenance activities result in damage or removal of the agricultural cultivation improvements, CVWD and USBR will not be responsible for their repair or replacement or any other damages or injuries.

The general manager, or his/her representative, is authorized to require the appropriate level of mitigation to protect and preserve CVWD and/or USBR facilities ranging from the following options:

This should not be construed as giving permission to farm, fence or make installations of any kind on the right-of-way along the open canal which might interfere with the travel of maintenance equipment along same.

The roads on the main canal are not public roads, but are to be used only for the operation and maintenance of the canal system.

Swimming in any of the water system facilities is strictly forbidden.

The structures and lines of CVWD system shall not be used for the application of fertilizer or any other uses which might either damage or interfere with the operation of the system. Open irrigation ditches or reservoirs are not to be constructed on top of CVWD pipelines.

B. Air-Gap Separation. Per the California Code of Regulations, an air-gap separation (AG) shall be at least double the diameter of the supply pipe, measured vertically from the flood rim of the receiving vessel to the supply pipe; however, in no case shall this separation be less than one inch. If the supply line is at ground level, then the backflow prevention device must be installed.

For customers where it is determined that an air-gap in close proximity to the connection point is infeasible, CVWD may permit locating the air-gap (or other backflow prevention apparatus in accordance with Title 17 of the California Code of Regulations and CVWD rules and regulations) elsewhere on the customer’s property if, after performing a hydraulic analysis and reviewing customer’s construction plans, CVWD has determined that the location will not impact CVWD’s ability to provide service to its customers. If the approved backflow prevention apparatus is other than an air-gap, the device shall be installed above ground and the work shall be completed under CVWD inspection. At the expense of the customer, any installed backflow devices must be tested on an annual basis from the date of installation, or anytime the device has been repaired, replaced or relocated. Each year, customers will receive a reminder notice along with a certified list of testers. Failure to have the device tested could result in the termination of service.

CVWD has the right to immediately terminate service to a customer if an unprotected or unauthorized cross-connection exists on the property or if a backflow prevention apparatus has been removed or bypassed. In addition, CVWD has the right to terminate service if a customer refuses to allow CVWD to install or test a required backflow prevention apparatus. Service will not be restored until such conditions or defects are corrected. A charge will be made for the restoration of service.

C. Reduced Pressure Principle Backflow Prevention Device (RP). A required reduced pressure principle backflow prevention device (RP) shall, as a minimum, conform to the AWWA Standard C506-78 (R83) for reduced pressure principle type backflow prevention devices which is herein incorporated by reference.

D. Existing Connection Without an Air Gap. If during the regular operation and maintenance of existing delivery points it is determined by CVWD that no air gap or RP backflow device exists, CVWD will coordinate with the property owner to have one installed at the owner’s expense to aid with the ability to continue to irrigate during shutdowns for future maintenance.

E. Customer Backup Water Supply. Canal irrigation service is interruptible. A backup water supply is recommended for all customers who receive canal water. (Ord. 1437.3 § 8-5, 2023; Ord. 1437.2 § 8-5, 2023; Ord. 1437.1 § 8-5, 2022; Ord. 1437 § 2 (Exh. A § 8-5), 2019)