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Rules & Regs

Definitions: The word “Customer” refers to the person(s) with the legal right to have irrigation water delivered to their property. The term “District” refers to Rancho Jardines Water Delivery District #34 Board Members and Associates.

1.1 Authority

Authority to adopt and implement Rules and Regulations for the operations of Irrigation Water Delivery Districts is granted under the Arizona Revised Statutes ARS 48 – 3450

1.2 Amendments to the Rules and Regulations are permitted and will be effective upon adoption of said amendments by the Board of Trustees.

2.0 Water Delivery

2.1 Customers must sign up for irrigation and submit payment before receiving delivery.

2.2 Payment

Payment drop Box (Steel Metal Pipe Cylinder)is located next to each Sign-up Board. Payment may be made by depositing cash or checks in these boxes. Cash payments should be placed in an envelope, sealed and have the customers’ name clearly printed on the front. Checks do not need to be placed in an envelope and should be made payable to “Rancho Jardines Irrigation” ;(RJI).

2.2a Checks returned due to insufficient finds are subject to $50 surcharge.

2.2.3 Payments must be made before noon on Monday with sign-up to be scheduled to receive water delivery.

2.2.4 Customers who sign for irrigation, but do not make payment, will not be schedule for water delivery.

2.2.5 Irrigation Schedule

Delivery Sheets are posted every Wednesday. Customers must check this list to see when they are scheduled to receive irrigation.

2.3.1 Customers are responsible for opening and closing their irrigation valves at the scheduled times. They must keep valves opened

(Completely opened) for the duration of water delivery time assigned to them, and close them at the appropriate time. Opening and closing of Ports may be plus or minus 5 minutes of scheduled times. Opening and closing of valves too early or too late is not allowed and is subject to a fine.

2.3.2 Customers must follow water conservation procedures by ensuring that all irrigation water received is contained on their property. Failure to do so will result in the suspension of irrigation water privileges until the problem is resolved.

2.3.3 Irrigation is tentatively scheduled on bi-monthly basis from March to October. Irrigation is offered once a month November thru February. There must a minimum of 60 total hours per Well Site of irrigation water delivery requested for irrigation to scheduled.

2.3.4 Law forbids resale of irrigation water ; violators will be subject to fines and or suspensions of irrigation privileges.

3.0 Cancellation of water delivery

The District reserves the right to cancel delivery of irrigation water at any time. (i.e.; maintenance, weather, etc)

3.1 The District reserves the right to suspend operations in the event of equipment failure, interruption of well water, etc. The District is not liable to property owners for any damage or inconvenience resulting from this suspension. Prior notice will be given when circumstances allow.

3.2 Delivery will be cancelled if the major of scheduled water customers call the District requesting this action.

3.3 Customers who wish to cancel delivery of irrigation to their property must notify the District Office before delivery schedule is set. This to be done no later than Monday at 5PM.

3.4 Customers who fail to give timely notification to the District Office will not have irrigation delivery cancelled and must receive the water scheduled.

3.5 Rescheduling

3.5.1 Customers who were scheduled to receive irrigation, but the delivery was cancelled, must sign up again to be rescheduled. Payment made for the cancelled run will be applied to the rescheduled run.

3.5.2 Failure to sign up to be rescheduled to receive irrigation after delivery has been cancelled will result in not being assigned an irrigation time or allotted water.

4.0 Pumping System

4.1 Application for connection to the main irrigation system must be submitted to the District Board. Upon approval. the District will connect the customer to the irrigation system.

4.1A First time customers must pay the $50.00 set up fee before receiving irrigation services.

4.2 The District reserves the right to refuse service to customers with improperly installed irrigation conduits.

4.3 Customers are responsible for the maintenance of irrigation conduits located within the boundaries of their property. The District does not assume the responsibility of inspecting and repairing these conduits and therefore is not liable.

4.4 Cost for repairs or maintenance done by the District for the customers’ benefit shall be the responsibility of the customer. Payment must be made in full for this service before being scheduled to receive irrigation.

4.5 Access to the District pumping system is limited to the Board of Trustees and/or its’ authorized representatives.

4.6 The property owner is liable for all financial costs incurred resulting from the negligence or wrongful act of said owner,his agents or employees.(This includes, but not limited to, property damage, bodily injury or death, replacement costs for pumping system hardware, etc.)

5.0 Easements

The District has the right of way (easement) along all irrigation conduits.

5.1 Easements extend ten feet from either side of the centerline of the irrigation conduit. This area must remain accessible to the District at all times.

5.2 Easements must be kept clear of obstruction at all times. Personal property; outbuilding, fences, the planting of flora (tress, bushes, cactus, etc) or any other type of obstacle placed on or around the easement is forbidden.

5.3 Customers are responsible for the removal of personal property(see 5.2 ) from easements. This is done at the customers ‘ own expense. If it is necessary for the District to remove personal property, or to contract for the removal of personal property from easements, the customer will be financially responsible for all costs incurred.

5.4 Irrigation privileges will be suspended until all costs are recovered.

5.5 The District is not responsible for the value of lost property and will not render compensation.

6.0 Fine/Suspension Policy

6.1 Action will be taken against the customer for the following:

a. Willful disregard to comply with these rules and regulations.

b. Repeated failure to take scheduled water delivery

7.0 Failure to take scheduled water delivery will result in the following:

First Offence Warning will be issued.

Second Offence $50.00 fine

Third Offence $100.00 fine

Customer must attend a meeting with the District Board of Trustees and suspension of

irrigation privileges .

7.1 Customers are financially responsible for the costs of repairs and damages due to their neglect in the following of proper irrigation procedures.

7.1A Property owners who rent or lease their properties are liable for the cost of all repairs due to negligence of the renter.

7.2 The District has the right to take legal action against offenders.

7.2 Miscellaneous Provisions

Provisions set forth in the Rules and Regulations shall be considered independently. In the event that a provision is found to be contrary to law by a court of competent jurisdiction, such as finding shall not affect the remaining provisions.

7.3 All contracts with the District must be in written format. No promise, agreement, or representation of any Trustee, employee, or consultant of the District shall be binding except as agreed upon in written contract. All contracts must be signed and accepted by the Board of Trustees of the District by quorum vote.

8.0 Taxes

The payment of taxes for water service is governed by the laws set forth in the Arizona Revised Statutes, Special Taxing Districts. Taxes are determined in accordance with said statutes by the Board of Trustees of the District.

8.1

The customer will be billed for such taxes by the county office in accordance with the standard procedure for property taxes. The entire tax bill relating to the District must be paid in advance and when such taxes first become due, before water may be served to the lot.

Water service charge is determined according to law by the Board of Trustees of the District. Payment of water service chargeto the District office must be made in advance or the District cannot deliver water to the lot.

9.0 Notification to Customers

Customers shall be considered officially notified when documentation is deposited with the United States Postal System using the last known address of said customer on file in District Office.