RESOLUTION NO. 2002-03
AMENDING RESOLUTION NO. 2000-03
ADOPTING THE WATER USERS HANDBOOK RULES AND REGULATIONS FOR DELIVERING AND
RECEIVING SAN FELIPE DISTRIBUTION
SYSTEM WATER, AS AMENDED
BE IT RESOLVED by the Board of Directors of the San
Benito County Water District that:
Section V of Regulations for the
allocation of San Felipe water within Zone 6 is amended as set forth in Exhibit
A attached hereto and incorporated herein by this reference.
Passed
and adopted this 30th day of January, 2002, by the following vote:
AYES: DIRECTORS: Swanson, Perry, Tobias, Keck, DeLaCruz
NOES: DIRECTORS: None
ABSENT: DIRECTORS: None
_______/s/Douglas Keck_________
Douglas Keck
President
ATTEST: __/s/Janet L. Miller_____
Janet L. Miller
Administrative Services
Officer
A. Prior to 5 p.m. on the last working day of February preceding the contract water year, the water user shall file a written water purchase agreement, on a form prescribed by the District, to pay for all such water allocated for his use during each contract water year, including any increase(s) in that allocation; provide that the obligation to pay shall be limited to the lesser of 1) the maximum entitlement for the parcel of land or 2) the full amount of the water users’ Water Allocation Request.
B. As
a condition of the District furnishing or continuing to furnish water, each
water user shall make the following payments by the dates specified:
1. For
all allocated water, (1) a prepayment of 15% of the applicable water rate for
that contract water year per acre-foot will be due by 5:00 p.m. on the last
working day of February preceding that contract water year; Provided, that
credit for this payment shall be applied to the last 15% water used during the
water year if such use occurs on or before the July meter reading or to the
Final Payment; and (2) a Final Payment for all water remaining after the July
meter reading will be due by the 20th day following the billing date
for July water use.
2.
For water used,
payment is due by the 20th day following the billing date.
3.
For
related charges, including but not limited to power charges, payment is due by
the 20th day following the billing date.
4. For
additional water, payment in advance with no refunds.
5. All
other District rules and Regulations pertaining to the payment for water shall
remain in full force and effect, except as otherwise provided in these
Regulations.
C. In the event payment is not made by the water user for allocated water, the amount owed to the District for such allocation may be applied to the annual assessment on the land for which the water was allocated. If the water was used, the amount owed to the District for such water including power charges and any other related charges may be added to the annual assessment on the land on which the water was used.
1. Water users who, because of the inability of the District to furnish water for which payment has been made, are not, in the judgment of the District Manager, able to use all or a portion of such water, shall receive a refund or credit for such water which the District Manager determines they are unable to use.
2. Water
users who have paid or who are obligated to pay for, but are unable to use
allocated water, may (a) release the water to the District, in which event the
District will attempt to sell the water to another water user, and, if the
water is sold, the original purchaser will receive a credit for the amount of water
resold, or (b) transfer the water pursuant to Section IV E, F & G in which
event the water shall be paid for under the same terms and conditions as
otherwise provided in the District's Regulations.
D. The water user shall continue to remain liable for that portion of allocated water for which full payment has not been received.