A. Fairfield, a municipal corporation of the State of Utah (the “Town”), is the owner of a culinary water distribution system for the purpose of furnishing culinary water to the residents of said Town under a system of facilities (the “System”); and whereas it is necessary and advisable to adopt an ordinance for the control of the System, which will supersede the existing ordinance or portions thereof that are inconsistent with this Ordinance which contains, without limitation, provisions for culinary water services and amends, and, where necessary, repeals water ordinances and regulations heretofore adopted in conflict with this document.
B. Fairfield Irrigation Company had fiduciary responsibility for forty-six (46) of the total hookups in the Town Culinary Water System at the time of the Town’s purchase of said System; and the Town purchased said System in an “AS IS” condition, with full knowledge of Fairfield’s Irrigation Company’s requirements of perpetual responsibility for those same 46 hookups; and Fairfield will defer to Fairfield Irrigation Company in dealing with the aforementioned forty-six (46) hookups, to include hookup and application fees prior to January 1, 2011, and grandfathered contractual agreements. Fairfield Irrigation Company will defer to Fairfield in dealing with all hookups beyond the aforementioned forty-six (46) hookups to include infrastructure and water rights.
C. Culinary Water Utility System. The “Culinary Water Utility” of the Town of Fairfield (water utility) is hereby created. It shall manage, operate and maintain the system to:
1. To protect and provide for the public health, safety, and general welfare;
2. To provide adequate water service for present residents and future growth and development in Fairfield Town in accordance with the General Plan;
3. To protect the Towns water supply in case of fire, flood, and other geologic and natural hazards;
4. To provide adequate and efficient water facilities for current and future residents of the Town;
5. To establish reasonable standards of design and an orderly water system layout;
6. To ensure that water facilities are available with sufficient capacity to serve proposed development; and
7. To prevent pollution of streams and ponds, ensure the adequacy of drainage facilities, protect subsurface water, encourage the wise use and management of natural resources throughout the municipality, and preserve the integrity, stability, and beauty of the community and value of the land.
D. Title and Penalty. This Title shall be known, cited, and referred to as the Town of Fairfield Water Ordinance/Code. Any person violating any of the provisions of this Title shall be guilty of a Class C misdemeanor, and upon conviction, shall be punished in accordance with Utah State law. Notwithstanding any provision or agreement to the contrary, the Town may terminate drinking water without notice where, in the Towns judgment, a clear emergency or serious health or safety hazard exists, for so long as such conditions exist, or where there is unauthorized use of, or connection to, the Town drinking water. No drinking water connection to any premises shall be installed or maintained by the Town unless the water supply is protected as required by Town, County, State, and Federal laws, regulations, codes, and this Title. Water service found to be in violation of this Title shall be discontinued after written notification and due process of the violation.
E. Director of Water. There is hereby created the position of “Director of Water” (Water Director) of the Culinary Water Utility.
F. Duties of the Director of Water. The Director of Water shall manage and supervise the system pursuant to the provisions of this Ordinance and pursuant to resolutions, rules, and regulations adopted by the Town Council from time to time describing his/her powers and duties and directing the manner and frequency with which he shall make reports to the Town Mayor or his designated appointee. (see job descriptions) The Director of Water for Fairfield Town is vested with the authority and responsibility for the implementation of an effective cross-connection control program and for the enforcement of the provisions of this ordinance.
G. Rate Schedules and Connection Fees. The Town Council shall adopt and establish rate schedules, connection fees, rules, and regulations governing the water system. The Town Council shall, from time to time, affix, by agreement or resolution, such terms, and conditions as they deem proper, for the purpose of establishing special rates and conditions for users using exceptionally large amounts of water or making use of the System under exceptional circumstances. The Town Council is constituted as a Board of Equalization for water system rates to hear complaints and make corrections of any assessments deemed to be illegal, unequal, or unjust.
H. Conveyance of Water Rights- Requirements for Development. The following requirements pertain to new development within Fairfield Town. These requirements are intended to be in harmony with the requirements of the Fairfield Zoning Ordinance and Subdivision Ordinance. An applicant for development approval shall satisfy the following requirements:
1. It is the intent of Fairfield Town to assure each future lot owner reasonable access to adequate water to make that lot productive; and, to initiate a program to provide funding and adequate water resources for a more efficient water distribution system; and
2. All developers of subdivisions or landowners requesting a building permit within the boundaries of Fairfield Town shall provide adequate water to be distributed through Fairfield Town’s drinking water system with appropriate easements along with a suitable grade by which to convey the water to each lot. Adequate water shall be assessed as follows, except as noted:
a. Well or subsurface rights which are capable of being transferred into the name of Fairfield Town.
b. Any other water right approved by the Town Council that is capable of being transferred into the name of Fairfield Town or adequately assigned to Fairfield Town through a warranty deed or other legal decree.
c. Those approved by the town council for a private culinary well do not need to transfer water rights to Fairfield town. However the still need to have the proper water rights.
J. Wells for Agricultural Purposes. A State-approved agricultural well permit does not convey or imply any right to a Fairfield culinary water connection. Wells drilled for agricultural purposes are allowed within Fairfield Town boundaries and must meet the following conditions:
1. The primary use for the water service will be for agriculture purposes only;
2. Lot size shall be ten (10) acres or more;
3. Must have adequate water rights for the agricultural purpose; and
4. Must comply with all state water regulations and have approval of all government agencies involved.