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HomeMy WebLinkAbout85-050WHEREAS, Western Canal Water District is a California Water District with its principle place of business in the County of Butte, State of California; and WHEREAS, pursuant to the provisions of Section 35301, Western Can a7 Water District's Board of Directors has prepared Bylaws requiring the written approval of the Board of Supervisors of the principle county; and WHEREAS, the Board of Supervisors has reviewed the proposed form of Bylaws submitted by Western Canal Water District's Board of Directors as set forth in Exhibit "A", attached hereto and made apart hereof by reference; and WHEREAS, upon approval by the Board of Supervisors, the Bylaws will be adapted by the Board of Directors of Western Canal Water District by Resolution entered upon its minutes. NOW, THEP,EFORE, BE IT RESOLVED by the Board of Supervisors of the County of Butte, that the Bylaws prepared by the Western Canal Water District and submitted to the Board of Supervisors of the County of Butte far its review are hereby approved far adoption by the Board of Directors of Western Canal Water District. PASSED AND ADOPTED this 16th day of April, 1985, by the Board of Supervisors of the County of Butte, State of California, by the following vote: AYES: Supervisors Dolan, McInturf, McLaughlin, 1~lheeler and Chairman Fu1 ton NOES: None ABSENT: Nvne NOT VOTING: None bTT~CT• LTON, Chd7rman of the County Board of Supervisors -~ BYLAWS WESTERN CANAL WATER~DTSTRICT PREAMBLE: Western Canal Water District is a political subdivision of the State of California formed and existing pursuant to the provisions of Division 13 of the Water Code of the State of California. The District was farmed on December 21, 1984, and includes an area of approximately 57,000 acres in Butte and Glenn Counties, California. The District derives its water supply from direct diversion appropriative rights in the Feather River with a priority date of 1908, and from delivery by PG&E, through the facilities of the State Water Project, at the Thermalito Afterbay, and by direct diversion from Butte Creek. The District is governed by a five member Board of Directors elected for staggered four year terms. The general District election is held in November of odd numbered years. I. Definitions: As used herein, the following words have the following meanings: "District" means the Western Canal Water District. "Application" means the annual application for service for the District. "Board" means the Board of Directors of Western Canal Water District. -1- "Irrigation Season" shall be the period from April 1 to November 1. . "Manager" means the Manager of the District who is appointed by the Board ~of Directors. "Works" of the District include all canals, laterals, ditches, drains, pipelines, conduits, crossings, pumps, check gates, weirs, and measuring devices used in connection with such facilities, and all other facilities owned and operated by the District anal used in connection with .the performance of its business of distributing water within the District. "Private conduits" means ditches, pipelines, standpipes, drains, pumps, and structures within the District owned by . private persons. •- ~~ ~ "Person" means any person, firm, association, organiza- tion, partnership, business trust, corporation or company. "Customer" means- any landowner or water user ordering and receiving water service from the District. II. General Information- 1. Western Canal Water District is a landowner voting District and all lands within the District are eligible to vote at District elections either through the landowner, by proxy, or in the case of landowners composed~of corporations or other similar legal entities, through a legal representa- tive. Forms of proxies and legal representation forms are available from the District Office. _2_ 2. Directors within Western Canal Water District must be' landowners or legal "representatives thereof . Other . ~_ ~ ~ - off icers'~ of the District need not be ~ landowners of the District. ~ . 3. Director s, of Western Canal. Water District will be compensated at the rate of $100 per meeting for all meetings in excess of one half day. Meetings of one half day or less shall be compensated at the rate of $50 per meeting. No more than six meetings per month at the $100 rate will be compensated far a maximum monthly compensation per Director of $500. 4. The~District office is located at Nelson, California, in the buildings .formerly occupied by Pacific Gas and Electric Company as Western Canal Headquarters. The address of the District Office is 2003 Nelson Rd., Nelson, California. The Distract may change the location of•its office upon resolution of it s. Board of Directors.. • 5. The District is governed by the p~ovisians of Division 13 of the Water Code, Rules and Regulations of the Distract, and Bylaws of Western Canal Water District. The Bylaws are adopted by the Board of Directors after they have been approved by the Board of Supervisors of the County of Butte, State of California. Amendments to•the Bylaws may be made by Resolution of the Board of Directors and are subject to the approval of-the Board of Supervisors of the County of Butte. Alternate procedure for amendment of Bylaws is through a direct vote of the landowners. -- 3 -- 6. The ,regular meeting-of the Board o~ Directors shall be held on~the third Tuesday of each month, at the hour of 1:00 p,m. at District headquarters. Adjourned meeting and ~', special meeting may be scheduled as required. ITI. Control of the System: 1. The distribution system and works of the District are under the exclusive management and control of the Manager, appointed by the Board of Directors, and no other person shall have any right to interfere with said distribution system and works of the District•in any manner whatsoever. 2, The Manager shall appoint and employ such assistants and other employees as he may deem necessary for the proper operation of the system, subject t~o the approval of the Board, and at rates of compensation which will be fixed by the Board. The Manager may delegate. his authority with respect to the operations of the works of the system, to employees of the District, at his discretion. IV. Ownership of Water All water delivered by the District is the property of the District and is subject to diversion, rediversion, reclamation, reuse, sale and resale, by the District as it sees fit: No landowner or water user acquires any proprietary right to the water delivered to him by-the District by reason- of such use, nor does-such landowner or consumer acquire any right to resell the water purchased or used, or _ the right to use it on premises or for a~purpose other than -4- for which it was applied and as stated in the Application. The District expressly asserts the right to recapture, reuse and resell all water that passes from the premises described in the application 'as the place of use; and asserts its rights to all waters within .the District. If a person uses water on lands outside of the District that was applied for use within the. District, whether by routing through a conduit, first flowing it across land .~ within the District,~~by recapturing"~it from drains, or otherwise, the District may refuse service to the land within the District for which the Application was made until all charges far use of the mater on the outside land, as fixed by the Board, are_paid and the person makes such physical changes in his fields or irrigation systems as the Board deems necessary to assure the District that no future use of District water on_the~outside land can occur. All persons intercepting, using,' or impounding District water .will be charged for such water~at the rates established by the District, irrespective of whether the water is diverted or pumped from a conduit, or taken from or impounded in a natural channel ar drain, or. whether it is waste, spill, .. seepage, runoff or other water. In order for water rate to be kept as low as possible,-water users should notify the Manager or ditchtender of any waste or unauthorized use of water. V. Applications for Water`Use: 1. ,Applications for water use for the irrigation -5- • season must be filed with the District prior to March 15 of each year on forms furnished by the District. If an application .for agricultural water use-shall not be received prior to March 15, that land may,not be entitled to receive water during the water year, without the express permission of the • Board. Application for special service or. water service • during the nonirrigation season shall be xequired on farms and at times as specified annually by the Board of Directors. •~. '2. In submitting an application for water, customers agree to be bound by the rules and regulations, and the bylaws, of the District, as•they may exist, or as they may be modified from time to time. Customers also agree, in submitting said application, that-the District, and its employees, will have access to and across the lands of • customer for purposes of managing and regulating water and for inspecting the facilities for the distribution of water provided by the District. 3, Tn the event of a shortage of water, the Board shall establish rules for the proration of water, as necessary, prior to the irrigation season. Vl. Charges for Water Service: " The District .shall, annually, by resolution, establish appropriate charge for the delivery of water from the District. The charges which may be levied by the District include, but .are not limited to, a standby charge and a water charge. The standby charge shall be paid by customers -6- 5 for all irrigable acres within the District whether or not - , water is actually received; or ordered for those lands. The Board of Directors shall determine the ~i~`rigable- acres ~ .- based on relevant data, including ASCS acreage determinations or other appropriate criteria. The water charge shall be paid by all. customers who are receiving irrigation water.. The District reserves the right to establish additional rates arid~charges for puiposes of meeting the costs and expenses of operating the District. . No. water shall be.delivered to any land if .there is any outstanding or delinquent charge due and owing to the District. The~District has established by resolution penalties and delinquency fees to be paid in the event any water or standby charge is not paid when due and becomes delinquent. Failure to. receive a bill for water .service shall not in~any way excuse a landowner, or recipient of water, from the obligation to pay the applicable 'rates and charges for the water delivered. Applicable .water charges for the District shall be due and payable, in whole ar in part, ~as determined by the Board in each year, within 30 days of the acceptance of an application for water.service.~ .:Standby charges of the District shall ' be payable~on December 10 of each year, and shall become delinquent„and subject to interest and penalties if not paid by 3anuary 10 of each year. VIZ. Liability for Delinquent Bills: Customers are responsible for- the payment of all water --7- charges applicable to their lands. Any delinquent water charges, or standby"charges, will be subject to penalties and interests as established"by_"the Board, and will be made a lien upon the land and it shall be~the responsibility of ' the landowner to secure payment of said charges, whether by '.' the tenant or by the landowner directly. Tn accepting an application for water service"from a tenant, the District _ shall. in no way waive its rights to collect all applicable water charges and standby charges from the landowner and to place said delinquent charges as a lien against the landholdings. vIII. Control of Water: . No person within the District, other than the Manager, or a delegated representative, shall operate the works of the " District nor take any action to modify,. control, interrupt, or effect the delivery of water by the District to any lands within the District. without the consent of the District's Manager. IX. Shortages of Water: The District shall not be liable for any damage which may result from an interruption or lack of service due to a shortage of water, or to any other cause which is beyond the control of the District. Temporary shutdowns may be made by the District to make improvements and repairs as necessary. Whenever possible and if time permits, landowners effected by such a shut down shall be notified prior to the shutdown taking place. X. Credit Depr o= -$- Prior to providing water service to any landowner, or tenant, who has, within the three years immediately prior to said application, been delinquent in the payment of any District water charge or standby charge the District may, in the discretion of the Board of Directors, require a deposit of all or a portion of the water charges anticipated to be levied for the coming water year. ~A deposit may also be required from a tenant if requested •by the landowner. XI. Condition~~af• Private Laterals and Conduits; A11 private conduits must be~~in a condition to receive and transport water without waste and must .be kept free from debris and other obstructions which, in~the 'sole discretion of the District, restrict the capacity of the canal or conduit below that-which is necessary for the provision of •~ water service. Customers sha11, as soon as receiving notification thereof from the District Manager, make such improvements or modifications as are necessary to properly clean and maintain private conduits, or to restore private conduits to a condition where reliable"water service can be provided. Failure to comply with an order of the Manager to maintain or .improve the private conduit shall relieve the District of any and all responsibility or liability for not d.eliverin:g water and the District may,~thereafter, refuse to deliver water to said facility. XIX .. Quality ~o~' Water: The District transports and delivers raw water for g .~ agricultural purposes only, and-the water is not fit for human consumption and is not marketed for any domestic use whatsoever. - The purpose of District. water supply is for the irrigation of crops and no landowner shall make an additional use of District's water supply without the express consent of the Board of Directors of~.the District. Customers shall ~~ assume full responsibility for and hold the District harmless 'from all damages resulting from an unauthorized use of District water.' Xlxl . District Employees District vehicles,.~tools, equipment, or manpower may not be used for the provision of.any service to any landowner or water user within or without the District without the express authorization of -the Board. XZV. Use of Deep Well-Pumps: When the District, pursuant to express written agreement, requests the operation of any privates deep well pump far purposes of augmenting the water supplies of the District, the District will reimburse the operator of the pump for energy charges and.reasonable maintenance costs incurred for ., . operating said pump for the District's benefit.- The use of deep well pumps, reclamation. pumps, or drain recovery pumps for any other purpose other than to comply with the agreements , with the District to.augment its water supply, even though ;- said operations may incidentally benefit the District, will ' be at the landowners sole cost, risk, and expense. r1Q_ . ~.. XV. Recreati:onal Use of Works of the District: .~ The canals, conduits, and other works'bf-the District, are maintained and dedicated to the provision of~agricultural irrigation water• to the lands within the District.. The use of these facila.t.ies. for recreational purposes, play, or . other similar purposes, is expressly prohibited. Customers are urged to prevent use of~District works and their banks-for swimming or play. Water in many of them is cold, swift and deep, and the conduits cover so many miles of the District that supervision.af their use for recreation is impassible. Any person who shall permit any equipment, livestock, poultry or water fowl to damage or injure any works of the District, or who shall damage, injure or destroy by burning or otherwise any such works, or who shall dump any rubbish ar pollutants therein or thereon, ar'who will erect signs, fences or structures on the District rights of way, will pay to the District upon demand all expenses incurred in repairing the damage or removing the rubbish,, pollutants, signs, fences, or structures including the reasonable value of staff time and attorney fees expended in enforcing this provision. XVl . Can:a~l~ Bank Roads Use of District canal bank roads is at the sole risk of the user. The use of such roads by vehicles not awned by the District is prohibited where District signs, chains, ar -11- other barricades so indicate.. public use of canal bank roads without written permission of the manager may also be prohibited during certain periods of the year. XVII. Wat:er Use: The District is primarily in existence for the purpose of supplying irrigation water.for_farm crops. The District, incidentally, provides water, in a non irrigation season, for the flooding of duck clubs in the Butte~Sink area. When authorized by the Board of Directors, the District will consider the provision of water for flooding of duck ponds within the boundaries of the District, but only when such service will not, in the opinion of the Manager, through seepage or overflow from conduits or the fields flooded, interfere with the agricultural operations of other landowners, or interfere with the District's ability to operate and maintain, this canal system. XVIII. Waste..of Water: Any customer, who in the opinion of the Manager, is wasting water (on roads or vacant land, or land previously irrigated) either willfully, carelessly, negligently, or on account of defective private conduits, or who shall collect any portions of its land to an unreasonable depth, or use an unreasonable amount of water_in order to properly irrigate other portions, or whose land has been .improperly prepared for the economical use, of waters, or who allows an unnecessary amount of water to escape from any tail gate, may be refused the use of water until such conditions are remedied, or the -12- District may reduce the inflow into the customers' fields to a flow that would be reasonable if such conditions were remedied. The District reserves the right to refuse delivery of water when, in the opinion of the Manager, the proposed use, or method of use, will require such extensive quantities of water as will constitute waste. . XTX. Non Lia'b~ility of District c The District will not be liable for any damage of any kind or nature resulting directly or indirectly from the u'se of a private conduit or by reason of lack of capacity in~any private or District conduit or for negligent, wasteful, careless or other use or handling of water by customers. The District does not guaranty" an uninterrupted supply of water nor ~.s the District responsible for ir~.terruption or shortage of distribution capacity or water supply for any ~: reason;. including but not limited to excessive demand, drought, canal breaks or scheduled or unscheduled maintenance. The water supply of the District flows through many miles of river channels, and open canals and the District assumes. _~no responsibility for they ~quality~ of :the water, temperature, or fluctuations in flow. Customers pumping water do so at their own risk and the District is not responsible for damages to pumping equipment used to Lift, or reclaim District supplied water. --13 -- XX. Freedom From Obstruction: No fences, bridges, ditches, buildings or other obstructions shall be placed by any customer across or upon, or along any ' canal, ditch, right of way; or property of the District without first obtaining the written permission of the District Manager. XXI . Installation. of Facilities orx D'i'strict Works ~~~ All structures used•for the. provision,~measurement or regulation of water service frozzi District works shall be constructed and installed by'the District or under its direction and supervision, 'and incompliance with all applicable District- .specifications. XXYI. Severabili~ty and Breach: Each article of these Bylaws is~separate and distinct and the determination by a court or regulatory agency that any provision hereof is unenforceable shall. not in any manner restrict or affect the remaining provisions. Failure by the District to enforce or restrain the breach of any provision of these Bylaws or its applicable rules, shall not be construed as an estoppel or a waiver of any rights of enforcement the District may possess in the future or .as a modification of said Bylaws or rules. Dated: , 1985• WESTERN CANAL WATER DISTRICT By HOMER LUNDBERG, President By DEE SWEARINGEN, Secretary --14-