A. Interruption of Canal Water Service. Colorado River water deliveries may be interrupted at any time due to flood, drought, earthquake, any other act of God or at the discretion of the Colorado River Water Master of the United States Department of the Interior, Bureau of Reclamation (USBR). It is recommended that all canal water customers have a backup source of water to use in case of an interruption. Water service can be interrupted at any time. CVWD must exercise a shortage contingency plan when supply does not meet demand. Water service may also be interrupted in the case of planned inspection and maintenance or an emergency repair to the canal or distribution system.

B. Maintenance of Canal Water Service. CVWD 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. CVWD 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, emergency maintenance, or any other cause not within its control including decisions made by the USBR.

C. Suspension of Canal Water Service. CVWD will use all reasonable efforts to complete delivery of canal water as soon as practicable, subject however, to Colorado River water availability. CVWD may cause interruptions of canal water service due to scheduled maintenance, equipment malfunctions, and natural disasters creating an emergency condition. CVWD shall use all reasonable efforts to give customers advance notice of any scheduled maintenance, which would interfere or interrupt canal water delivery to customer, but shall not be liable to customer for any reason whatsoever for failure to give such notice.

D. Responsibility. The USBR owns and CVWD operates and maintains the distribution system to the valve past the meter. The property owner is responsible for all appurtenances thereafter. Water users are not to adjust any gates or valves on the canal and irrigation system right-of-way. CVWD is not responsible for the delivery of water through private pipelines or any damage resulting from the operation of same. No unauthorized persons shall be on the canal.

The customer shall, at their 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. CVWD 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 permittees in installing or maintaining, using, operating or interfering with such equipment.

E. Liability. The customer waives any and all claims of any nature against CVWD, and releases CVWD from any liability for losses or damage to the customer’s system, the property receiving canal water service and appurtenances from any cause whatsoever except to the extent resulting from negligence or willful misconduct on the part of CVWD.

F. Quality of Water. CVWD does not warrant the quality of Colorado River water delivered to the customer and is under no obligation to construct or furnish water treatment facilities to maintain or improve the quality of water. Colorado River water shall be delivered without treatment of any kind and without any warranty whatsoever by CVWD as to the quality or fitness of such water. (Ord. 1437.3 § 11-1, 2023; Ord. 1437.2 § 11-1, 2023; Ord. 1437.1 § 11-1, 2022; Ord. 1437 § 2 (Exh. A § 11-1), 2019)