A. Boundaries: The city council shall establish by ordinance the boundaries of the city irrigation system and may, from time to time, contract, extend or enlarge the boundaries of the said system by ordinance. A copy of any such ordinance duly certified to be correct by the city clerk shall be recorded in the office of the recorder of Elmore County, Idaho.
B. Property Connections: Each lot within the duly described boundaries of the city irrigation system may be connected to the irrigation main through a city irrigation service line, upon compliance with the terms of this chapter and any policies adopted pursuant thereto.
C. Application For Service Connection And Permit To Use Water: An application for city irrigation service shall be made by the owner of the property to the public works director or other designated city official. The application shall contain a full, true and accurate statement of the size of the connection desired, a description of the premises upon which such connection is to be made, the full name of all owners and shall otherwise conform to the rules and regulations provided for the city irrigation system. No water shall be introduced into any connection unless a permit has first been approved by the public works director or designated city official, and all fees set forth in the rate schedule adopted by resolution of the city council have been paid. The applicant shall have the responsibility of determining and/or providing the appropriate water rights. If the city engineer and city council determine that the irrigation system is at or near capacity, acceptance of applications for irrigation system connections may be stopped until such time that the irrigation system has the capacity available to provide service to new connections.
D. Private Irrigation Service Line: All materials and workmanship used in the installation of private irrigation water service lines shall conform to city specifications and codes. The furnishing of all labor and materials shall be the sole responsibility of the owner.
E. Owner Responsible For Costs: All costs and expenses incident to the installation and connection of a parcel to the city irrigation system shall be borne by the applicant and/or owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the irrigation connection.
F. Extension Of Irrigation Mains And Irrigation Main Fee:
1. All proposed extensions of the irrigation mains to service undeveloped areas within the boundaries of the city irrigation system shall comply with existing policies, specifications, master plans, or requirements established by the city engineer. The plans for all extensions to the city irrigation mains shall be prepared under the direction of and signed by a registered professional engineer as per the licensing requirements of Idaho law, and three (3) copies of said plans shall be filed with the city. In approving a plan for extension of irrigation mains, the city reserves the right and discretion to establish other conditions and requirements such as a special permit fee, rights of way limits, sequence of construction, time limits for having existing service disrupted, the filing of a performance bond and other similar measures as may be required to protect the public. No work shall commence on any extension of irrigation mains until the extension project has been included within the boundaries of the city irrigation system and written approval of design plans have been provided by the city engineer. A permit shall not be issued until all applicable fees have been paid.
2. All irrigation main extensions and appurtenances shall be constructed at the expense of the applicant by a qualified contractor in accordance with city specifications and subject to conditions and fees established by the city.
3. The city shall charge an irrigation main extension fee on all new development that will be provided irrigation service by the city irrigation system. The amount of the fee and the methods of derivation shall be in accordance with the rate schedule adopted by resolution of the city council.
G. Construction Methods And Materials: The materials and methods used for construction of city irrigation service lines, private irrigation service lines, irrigation mains or city irrigation system appurtenances shall conform to the requirements of all codes and specifications as may be adopted by the city council. The city may reject any materials or workmanship for cause, and upon such order, the rejected materials shall be removed and replaced with approved materials.
H. Regulations For Connection To Municipal Irrigation System: The public works director may adopt, subject to approval of the city council by resolution, regulations regarding the manner of connection to the city irrigation system and prescribe the manner of the completion of the work.
I. Illegal Connections:
1. It shall be unlawful for any person to make or cause to be made any connection with the city irrigation system or to introduce or cause to be introduced water from the city irrigation system into any connection made therewith unless a permit has been first duly issued for such purpose by the public works director in compliance and conformity with the provisions of this chapter and the rules and regulations of the city that are now or may hereafter be established therefor; or to cause a connection to become noncompliant with the provisions of this chapter and the rules and regulations of the city that are now or may hereafter be established; or to interfere with or injure any line appurtenance or any portion of the city irrigation system.
2. The city, by and through the public works director, shall give notice in writing to the owner and/or occupant of any premises connected to and served by the city irrigation system in all cases in which said connections are illegal. Said notice shall state the violation and require that the violations be cured within ten (10) days from notice thereof.
3. In the event that said illegal connection continues beyond the ten (10) day period, the city is authorized to discontinue irrigation service to said premises without further notice and until said illegal connection is remedied and all costs of the city associated therewith and fines have been paid.
4. A violation of this section shall be a misdemeanor, punishable as set forth in Idaho law. (Ord. 16-561A, 11-8-2016)