The customer understands that CVWD’s nonpotable water supply is subject to interruption and at times the customer may be required to meet its irrigation demands with groundwater, either solely or in conjunction with CVWD’s available supply of nonpotable water. For that reason, the customer shall have a backup supply available (such as groundwater) equal to 100 percent of its peak irrigation water demands in “ready” status, and customer’s irrigation system shall be capable of operating in tandem with CVWD’s facilities in order to augment CVWD deliveries as and when required. Customer hereby waives and releases CVWD from any claim, loss, damage, or action that it may have against CVWD for failure to deliver irrigation water, including, but not limited to, damages, loss of business, loss of profit or inconvenience.

CVWD will use all reasonable efforts to complete delivery of the nonpotable water source(s) as soon as practicable, subject, however, to nonpotable water availability. CVWD may cause interruptions of nonpotable water service due to scheduled maintenance, equipment malfunctions, and natural disasters creating an emergency condition. CVWD shall use all reasonable efforts to give the customer 48 hours’ notice of any scheduled maintenance which would interfere or interrupt nonpotable water delivery to the customer, but shall not be liable to customer for any reason whatsoever for failure to give such notice. CVWD shall use reasonable efforts to minimize any interruption relating to maintenance and shall, at all times, make a good-faith effort to facilitate the delivery of nonpotable water to the customer. The scheduling and advance notice of any maintenance, which would interfere or interrupt nonpotable water delivery to the customer, shall be determined by CVWD pursuant to the applicable rules and regulations and as said scheduling and notice may be revised from time to time. (Ord. 1437.3 § 13-2, 2023; Ord. 1437.2 § 13-2, 2023; Ord. 1437.1 § 13-2, 2022; Ord. 1437 § 2 (Exh. A § 13-2), 2019)