(A) It shall be the duty of the City to keep the Municipal irrigation system in good repair and operating condition, and to keep the ditches clean and free from obstructions.
(B) It shall be the responsibility of the Public Works Superintendent or designee, acting on behalf of the City, to supervise and control, under such rules and policies as the Mayor and Council may adopt by resolution, the distribution and apportionment of all irrigation water to those entitled to its distribution, in proportion to the amount of land to be irrigated.
(C) The Public Works Superintendent or designee shall have sole control and regulation of all head gates, weirs, delivery boxes, and other measuring and delivery devices.
(D) The City shall inform the water users of the quantity of water they are to receive, and the times and the duration of the delivery thereof.
(E) The City shall be permitted to enter upon all property to which irrigation water is furnished from the Municipal irrigation system for testing or any other purpose necessary, including but not limited to inspection, observation, repair, or maintenance, for proper administration of the Municipal irrigation system. City shall be authorized at any time to enter all properties in emergency circumstances.
(F) The City reserves the right at any time without notice to shut off the water supply for repairs, extensions or any other reason, and the City shall not be responsible for damaged pumps, pipes or fixtures, or any other damage.
(G) The City shall not be liable under any circumstance for deficiency or failure in the supply of water whether by the shutting off of the water to make repairs or connections, or for any cause whatsoever. Nor shall the City be responsible or otherwise liable for any damage caused as a result of failure of a holder of a share or shares or City water certificate to have a float/pump protection/pressure switch installed for the delivery of water to that person.
(H) Water rights and the delivery of water pursuant to this chapter shall be considered pooled for delivery purposes unless demand is made as required by Idaho Code section 50-1805A. (Ord. 393, 5-20-2019)