A. Turning On After Being Turned Off: It shall be unlawful for any person, after the irrigation water has been turned off from the premises for nonpayment of irrigation water charges or other violations of the ordinances, rules, regulations or resolutions pertaining to the water supply, to turn on or to allow the water to be turned on or used without authority from the public works director.
B. Use Without Payment: It shall be unlawful for any person by himself, family, servants or agents to utilize the irrigation system without paying therefor, as herein provided, or without authority, to open any pipe, line, connection, stopcock, valve or other fixtures attached to the irrigation system unless it is done pursuant to proper application, agreement or resolution. It shall be unlawful to injure, deface or impair any part or appurtenance of the irrigation system or to cast anything into any reservoir or facilities appurtenant or contributing to the irrigation system.
C. Separate Connections: It shall be unlawful for two (2) or more dwellings or service users to be supplied from the same service pipe or connection unless special permission for such combination usage has been granted by the city and the premises served are owned by the same person. In all such cases, a failure on the part of any one of the users to comply with this subsection shall warrant a withholding of a supply of water through the service connections until compliance or payment has been made, and in any event, the property owner shall be primarily liable to the city for all irrigation water services utilized on all such premises. Nothing herein shall be deemed to preclude the power of the city to require separate pipes, connections or meters at a subsequent time.
D. Adjoining Premises: No consumer shall be permitted to conduct irrigation water pipes across lots or buildings to adjoining premises without permission from the city.
E. Open Discharge:
1. General Rule: Except as provided in subsection E.2 below, there shall be no open discharge of water from the irrigation system.
a. No flood irrigation shall be permitted from the irrigation system.
b. All water shall be discharged using a sprinkler, bubbler, drip system or other similar restrictive device.
2. Special Exception for Certain Serviced Properties: Property or properties owned or managed by one or more federal, state, or local governments or governmental entities or agencies, situated at the foot of the hillside and/or within the valley and/or flood plain located along and/or within the vicinity of the Virgin River, LaVerkin Creek, and Ash Creek (from the Pah Tempe property on the southeast to Riverwood Estates on the north, and to the extent such property or properties lie(s) within the delivery area of the City's irrigation system and is/are entitled to the delivery of water from said system), may-for a period not to exceed five (5) years-be flood irrigated, using water from the city's irrigation system; provided that:
a. An adequate pressure sustaining valve (preserving the upstream water pressure) and a magmeter of adequate size (to provide water usage information), acceptable to the city, is:
(1) Acquired, paid for, maintained, and replaced as needed (for the period of use) at the expense of the owner of said serviced property or properties; and
(2) Installed, meeting City requirements and standards:
i. At or near the property's connection to the City's irrigation system (as directed by the City); and
ii. At or before the time the property is (or properties are) connected to the City's irrigation system.
b. At or before the end of said five-year period of time:
(1) Flood irrigation on the property or properties shall cease, and irrigation water shall be discharged onto the property or properties as provided in subsection E.1.b above, or
(2) The property shall be disconnected from the City's irrigation system, and the property or properties may continue to be flood irrigated, using irrigation water not owned by the City or connected with the City's irrigation system (e.g., Ash Creek Special Service District water re-use water, Washington County Water Conservancy District water, LaVerkin Creek water rights, etc.).
c. Notwithstanding the provisions of subsections E.2.a above, title to the pressure sustaining valve shall pass to the City at the time of installation and inspection, and shall remain the City's property after any disconnection of the property or properties from the City's irrigation system.
F. Unauthorized Users: It shall be unlawful for any water service user to permit any person from other premises or any unauthorized person to use or obtain water service from his premises or water facilities, either outside or inside his premises.
G. Cross Connection Prohibited: It shall be unlawful to make any connection to the irrigation water system that could cause the mingling of irrigation water with culinary water of the city as outlined in section 8-3-1 of this title.
H. Closing Of Main Line Valves: It shall be unlawful to close any main line valve without the permission of the public works director, unless the closing of such valve protects the public health and safety of the citizens of LaVerkin City.
I. Waste:
1. It shall be unlawful for any water user to waste water. Wasting water includes, but is not limited to, the following:
a. Allowing water to be wasted by leaky stops, taps, valves, joints or pipe;
b. Wastefully running water from faucets, sprinklers or stops or through basins, sinks or other apparatus;
c. Using the water for nonagricultural or nonlandscaping purposes; or
d. Allowing irrigation water to enter into the street due to overwatering.
2. If, in the judgment of the city, a user of irrigation water engages in practices which result in the needless waste of water, the city shall mail to the user written notice to discontinue the waste. If the waste is not terminated within ten (10) days of mailing, the city may terminate the water service, unless otherwise outlined by contract.
J. Water Not Supplied To Motors, Other Machinery: No water shall be supplied from the pipes of the irrigation system for the purpose of driving motors, pumping devices, siphons, turbines or any other type of wheels, or any hydraulic engine or elevators, or for driving or propelling machinery of any kind whatsoever, nor shall any license be granted or issued for any such purpose except by special permission of the city council.
K. Discharge Onto Adjacent Properties: It shall be unlawful to irrigate to the extent that water discharges onto adjacent properties. Any damages resulting from the unauthorized discharged water shall be the responsibility of the irrigation user.
L. Notification Of Violation; Appeal: The public works director shall, after determining that a violation or other improper use exists, notify the affected irrigation water user or the owner of the premises whereon such use occurs of such determination in writing, order such use discontinued and advise that such continued usage constitutes a violation of this section. An appeal of any irrigation decision of the public works director shall be taken to the city council. All appeals must be submitted to the city council within thirty (30) days of said decision. After thirty (30) days, all appeal rights shall be waived. (Ord. 2007-14, 3-21-2007; amd. Ord. 2020-03, 8-19-2020)