Buell Red Prairie Water District
Rules & Regulations                        Revised and Approved & Adopted by the Board of Directors   3-10-26

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SECTION 1. APPLICATION OF REGULATIONS:

 

These regulations shall apply to all real property within the Buell Red Prairie Water District, and to all users of water supplied by the District.

 

SECTION 2.  MONTHLY WATER CHARGES:

 

            Monthly water charges for each meter shall include a base charge, backflow testing charge and consumption charge, which shall be based on metered use; such charges shall be determined and may be amended from time to time by the Board of Commissioners of the District.

 

SECTION 3. OTHER SERVICE CHARGES – Ask for a current rate sheet for specific pricing

 

1. Service and Repair Call Out   

2. Bank NSF/Returned Check   

3. Delinquent Bill Notification (example Registered Letter mailing)

4. Line Moves, Extensions and Similar Services 

5. Meter Lock-Out

6. Turn on meter after a Lock-Out

7. Vegetation Removal Around Meter

 

--and such other charges as the Board of Commissioners, from time to time, establishes and amends.

 

Those services for which an hourly labor rate is designated by the Board of Commissioners shall be charged at the Fixed Hourly Rate as designated from time to time by the Board of Commissioners.

 

SECTION 4. WATER USERS:

 

Buell Red Prairie Water District is organized under Oregon Revised Statutes chapter 264 as a Domestic Water Supply District.  The main priority of the district is to serve residents of the District with water for domestic purposes;  for these rules and regulations “domestic” purposes includes personal family household use including the irrigation of reasonable residential landscaping and a personal or family garden, the reasonable use of water for residential landscaping and a personal or family garden will be determined by the District, no commercial or industrial use shall be provided or permitted pursuant to ORS 264.306 whenever the household supply of water is being jeopardized by non-household use of water the District may order the non-household use of water to be immediately discontinued, non household use includes irrigation of landscaping and gardens in addition, all customers will be subject to restrictions during water shortage situations or a drought as declared by the District.

 

SINGLE FAMILY USERS:

 

For the purposes of these rules and regulations a single family water user is one to whom water is furnished for a single dwelling intended for occupancy by one family, single family users will be allowed one water meter per tax lot or to an additional lawful dwelling on the same tax lot, this includes hardship dwellings that are authorized by the county, when two dwellings on the single tax lot are served by a single meter the base rate for the account will be doubled and the charges for consumption will be billed has one account.  In the case of merging tax lots, one meter shall be designated by the landowner to remain and all other meters shall be subject to removal by the District without compensation to the landowner, in the event that a serviced property is partitioned, the tax lot upon which the preexisting meter is located shall be deemed the authorized water user and a new service must be established for the other tax lot(s).

 

SECTION 5.  APPLICATION FOR SERVICE:

 

            Prior to obtaining water service for a particular location a property owner must complete and sign a water service application, a property that is currently receiving water service at the time an application is made may continue to receive service only in accordance with the most recent water service application for that location unless changed in accordance with these rules and regulations.

 

            If no meter service exists at the location for which an application is made the applicants’ request shall be placed on a waiting list and service will be provided as the District determines capacity is available to provide service, properties on the waiting list will be served in the order in which they are listed.

 

The charges for connection to the district water supply shall be determined by The Board of Commissioners of the District.

                                                                       

If there are unpaid charges, fees or penalties owing on account of water service to a property for which an application for water service is made the applicant shall in addition to

the regular connection charges pay such unpaid charges, fees or penalties at the time of application and prior to the provision of water service to the property; provided if the applicant previously received water on a different account at another premises within the District and there

are unpaid charges, fees or penalties on the applicants prior account, in addition to paying all outstanding charges, fees and penalties the amount of the deposit required under the rules and regulations shall be three (3) times the standard deposit rate, together with any service charges as provided by a resolution adopted by the Board.

 

If an applicant is required to pay unpaid charges fees or penalties owing on an account as a condition of service as provided in this section and the District thereafter recovers such charges fees and penalties from the prior owner or account holder, then the applicant who paid such charges fees or penalties will be entitled to a refund of any amounts recovered from the prior owner or account holder up to the amount paid by the applicant.

 

After six months of accumulated unpaid charges, automatic forfeiture and termination of the water service occurs. In the event of forfeiture, service can be restored upon approval of a new water meter service application, which will be added to the waiting list, and at such time payment as required by this section and Section 8 has been paid.

Upon approval of an application and payment of required fees and charges including payment of any delinquent charges fees fines or penalties incurred with respect to that service location as provided in these rules and regulations the District will install or connect the service meters, temporary meter hookups may be allowed as determined by the General Manager and is subject to being disconnected for any reason prior to approval of the water service application.

 

 

Water service pursuant to a water service application may be terminated by a property owner upon notification to the District, voluntary termination shall not abate, reduce or remove any unpaid charges with respect to the service location which must be paid prior to approval of a subsequent water service application for that property.

 

Until a water service application is terminated the monthly charges for service shall continue to accrue even if water service is shut off for non-payment.

 

Upon termination of a water service application all accrued and unpaid charges shall accrue interest at the statutory rate until paid.

                                                                       

            Service meters remain the property of the District at all times. Repair, installation and maintenance of all water lines and valves on the property owner side of the meter are the responsibility of the property owner.

 

SECTION 6, DEPOSITS:

 

            The District may require the applicant to make a cash deposit to establish credit as set forth in a resolution adopted by the Board.  At the time the deposit is given to the District, the applicant will be given a receipt for the same, the deposit is not to be considered as a payment on account.  In the event the service is discontinued, the deposit will be applied to the closing bill and any other unpaid charges, fees or penalties and any amount in excess of the closing bill will be refunded, the District will not pay interest on any deposit.

 

            If an account becomes delinquent and it is necessary to turn off the service, as provided in Section 8, the deposit shall be applied to the unpaid balance due, including all charges, fees and penalties, and the full amount of the required deposit has been restored. Water service will not be restored to those premises until all outstanding bills due the District have been paid.

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SECTION 7 PROPERTY OWNER RESPONSIBILITY FOR PAYMENT:

 

            The owner of the premises to which the water service is supplied is responsible for all charges, and any fines or penalties imposed with respect to that water service location, regardless of who incurs them.  In the event of a change of ownership, it shall be the responsibility of the new owner to apply for service under their own name. A new service application will not be approved until all prior charges, fees, fines and penalties have been paid, as provided in Section 2.

 

            The property owner may consent to billing the account to another person, entity or tenant but that shall not change or discharge the owner's responsibility for payment.

 

The District may shut off the water until all delinquent charges fees fines or penalties have been paid as allowed by ORS 264.306 and 264.314.  The District has exercised the right to impose this condition on provision of water service as allowed by ORS 91.255 (10).

 

SECTION 8 PAYMENT OF WATER BILLS, TERMINATION AND FORFEITURE.

 

All charges for the water service shall be due and payable monthly on the date of billing and become delinquent on the 25th day. Hereafter any other charges, fees or penalties imposed on or charged to an account will be added to the next regular water bill and shall be due and payable the same as all other water service charges unless otherwise expressly agreed.

 

            If payment is not received by the next billing date, a late fee shall be assessed in addition to the regular charges due, as adopted by resolution by the board if the property is a rental property or if the property owner has consented to billing the account to another person or entity a courtesy notification will be sent to the property owner at the property owners last known address of record.

If the delinquent charges and late fees are not paid within 60 days of the billing date, a shut-off notice will be sent to the customer and/or property owner.  The customer or property owner may enter into a payment plan which must provide, at a minimum, for the timely payment of all current charges plus an amount determined by the Board toward the delinquent account balance each month until the delinquency, including all related charges penalties and fees, have been paid within a maximum of 12 months. Violation of agreed payment plan may result in immediate shut-off.  If no payment plan or payment is received within 15 days after the mailing of the shut-off notice, the water service shall be disconnected, and an additional turn-on fee shall be assessed as a condition of restoring service.  In that case service will be restored only after all charges and fees have been paid.

 

            If an account is not brought current and all delinquent charges fees and penalties have not been paid within six months of shut-off, water service to the property will be discontinued and forfeited.  Forfeiture will result in disconnecting and removal of the service meter.  Until service is forfeited the monthly charges for service shall continue to accrue, a property owner whose account has been forfeited and whose meter has been removed may restore his or her account and meter within six months after the meter has been removed upon payment of all delinquent charges fees and penalties including charges for the removal and reinstallation of the meter, a new service application fee and deposit and turn on fee and such other charges as the Board of Commissioners may establish by resolution of the board. If a property owner does not restore a forfeited account within six months after the meter has been removed, water service to the property will only be restored by way of an application for new service, including placement of such application on any waiting list.

 

            The requirements of this section shall not be avoided by change in title or user.

 

 

SECTION 9 VOLUNTARY TERMINATION OF SERVICE:

 

            At any time, specified by a customer that he or she expects to vacate premises where water service is provided and that he or she wishes service disconnected the District shall read the meter and render a bill promptly, and the bill shall be paid at once.

 

            Basic charges for a portion of a month shall be pro-rated upon the actual days of use; final bills will consist of the prorated basic charge plus the consumption charge for the actual amount of water used.  Voluntary termination will result in the shut off from water service and removal of the meter.  If at the customer's request, a service shutoff and meter removal is to be done, the Board shall determine proper charges. Only the property owner can and must request in writing with a date and signature, a meter removal.

 

SECTION 10, PLUMBING PRACTICE:

 

All service lines from the district mains shall be metered and all plumbing shall conform to plumbing practices, at a standard acceptable to the Water District, District responsibility ends at the meter and backflow preventer, property owners are responsible for plumbing on private property.  Leaks must be located and repaired by the property owner at the property owners’ own expense.  The District reserves the right to shut off service for failure to do so.

 

            Service lines must be arranged to provide separate control of water supply for each house, premises, dwelling, or lot being served as a domestic user.    All new connections are installed with a customer turn off valve, the removal of this turn off valve by any person will result in a fee to the property owner.

 

Water hoses shall not be connected directly to a meter for temporary use.

 

Neither cross connections nor physical connections of any kind shall be made to any other water supply, whether public or private.  Included in this category are all pipelines, appurtenances, and facilities of the District system and all pipes, of appurtenances, pumps tanks, storage reservoirs, facilities, equipment, appliances, etc. or other systems where they're located within or on public or private property, or the premises of the water user. Backflow prevention devices and other requisites shall be required as determined by the district and in compliance with all applicable laws and administrative rules, maintenance and operation of all required backflow prevention devices is the responsibility of the District and will be subject to testing by the District or its contractors annually at the customer's expense, the test report for such tests will be provided to the District.

 

The District's Manager, operator or other authorized representatives shall have the right, without being deemed guilty of trespass or unlawful act, to check the premises of users for physical connections with other water supplies or other cross connections, any such connections shall be removed by the customer after notice, if not removed within the time specified, the district may remove or discontinue any connection which it may have for supplying the property.

 

            All plumbing within buildings served by the District shall be installed and all plumbing fixtures so constructed as to prevent pollution of water supply by back siphonage or cross connections. Water service to any premises known or found to have such defects and hazards shall be disconnected and not restored until such defects and hazards have been eliminated.

 

 

SECTION 11 TURNING ON AND OFF WATER SERVICES AND METERS:

 

            No person other than an employee of the District shall turn on or off any of the Districts service lines to meters without district approval.  Customers desiring a continuance of service, a new service or restoration of service shall make arrangement for such service with the District.

 

All service connections shall be installed by the District unless otherwise authorized in accordance with district standards relating to size, material location and method of installation the charges shall be as set forth in the Districts established schedule for rates and charges.

 

Removal or relocation of a service connection shall be at the expense of the party requesting the change the District shall not bear responsibility for reconnection of the user's service line, no service connection extension can be made unless approved in writing by the District.

 

SECTION 12, METER READING, AND BILLING:

 

Meters shall be read monthly or bimonthly and bills rendered based upon all water consumption to the nearest 100 US gallons used based on the last meter reading as well as any other charges affixed to the service.

 

For the purpose of discerning charges, all meters serving a customer's premises shall be billed separately and in accordance with the requirements of the District.  Separate meters shall be provided for each dwelling or structure unless otherwise specifically approved by the District's new line.

 

If it shall be impossible or impractical to read a meter on a regular reading date, the water consumption shall be prorated based on 30 days per month and the total consumption for billing purposes for the period shall be estimated.

 

Upon determination of actual water consumption for the period estimated, the customer shall be billed for any additional amounts owed to the District. In the event the estimated bill is too high, the excess will be credited to that customer's next bill.

 

A user may request that the meter be reread if there's a reasonable basis to conclude the bill is in error.

 

SECTION 13. ACCESS TO METER AND PREMISES FOR INSPECTION:

 

            Agents of the Water District shall have access, upon reasonable notice and at proper hours of the day, to all parts of the buildings, premises, and meter with which water is delivered from District mains to all parts of the buildings, premises, and meter with which water is delivered from District mains, to perform inspections and functions required by law, including administrative regulations. Refusal to allow such access shall be grounds for shutting off the water until access is permitted. Prior notice will not be required in cases of emergency requiring immediate access to the property.

 

            It is the property owner's responsibility to keep District meters clear of obstructions to allow unrestricted access to the meters. In the event of such obstruction the District reserves the right to discontinue water service to obstructed meters. Water services may be turned off at the District's main and the property owner will be liable for the costs incurred in doing so.

 

SECTION 14. ACCESS TO WATER LINES AND MAINTENANCE OF EASEMENTS:

 

            It is the property owner's responsibility to keep District service lines and mains reasonably accessible for inspection, repair, and replacement, to the extent the same are located on their property. Any plants that pose a danger to water lines because of intrusive root systems shall be removed by the property owner upon request by the District. Structures, vehicles and plants which impede access shall be removed by the property owner upon request by the District. If the property owner fails to remove the structures, vehicles or plants as requested by the District within 15 days, the District may remove them and include reasonable charges with the water bill. Any debris may be left by the District on the property owner’s land, and the property owner shall be responsible for any further removal costs.

In the event of an emergency the District may remove structures, vehicles and plants which impede access, and likewise charge the property owner for reasonable costs of removal. The property owner must keep vicious dogs and other dangerous or threatening animals secured or confined to avoid interference with utility operation and maintenance.

 

To the extent that plants within a road, street or highway adjacent to a property owner pose a danger to the water lines because of intrusive root systems the property owner shall be deemed to have consented to removal of those plants. If the property owner has placed any structure vehicle or planted any vegetation within the right of way, the property owner shall be responsible for removing the same and for paying any cost of removal, as provided in the preceding paragraph.

 

SECTION 15. SHUT OFF FOR REPAIRS:

 

            If possible, notice will be given prior to the shut-off for repairs. In case of emergency repairs, or other necessary purposes, the water may be shut off from the mains without notice, and the District shall not be responsible for any resulting damages.

 

Should damage result to a water heater or other appliance or property of the consumer by reason of water being shut off from the District mains, the Water District, Commissioners, and Employees shall not be held responsible. All properties should be properly plumbed to prevent damage.

 

SECTION 16. WATER CHARGES ON FAULTY AND OBSTRUCTED METERS:

 

            When a meter is obstructed, through no fault of the customer, and cannot be read, charges will be made according to the average quantity of water used during a comparable 3-month period as deemed appropriate by the District.

 

            Should a customer wish to have the customers meter tested, the District will make such a test, but, should the meter so tested be found to be 96 to 102 percent (96-102%) accurate, the customer requested such testing may be required to pay the cost thereof, provided however that should such meter be found over register in excess of 2% testing shall be at the cost of the District. Charges made for meter testing may be required to be paid in advance and deposit required for the checking same shall be as shown in a resolution adopted by the Board. The deposit shall be refunded if such meter testing shall be found to register in excess of two percent (2%) of actual usage.

 

If it's determined by the District that a meter fails to register accurately, or the District determines that it's unable to read a meter, billing shall be calculated in accordance with the following:

1. When the user has been at the same premises for a 12-month period or more, estimates will be based on water consumption during the same. The preceding year, times the current rate, plus current charges and fees.

 

1. When the user has not been at the same premises for a 12-month period or more, estimates will be based on the average water consumption for District water services of an equivalent meter size, times the current rate plus current charges and fees.

 

1. A true up bill will be produced during the next billing cycle when an actual read is obtained.

 

Whenever a meter has been found to-over register more than 2%, an adjustment in a reasonable amount shall be made to the customer for past billings, as above, but in no case shall adjustment exceed a period of six (6) months.

 

SECTION 17. LEAKAGE AND WASTE:

 

            All leakage occurring beyond the meter shall be at the expense of the customer, and the customer shall be responsible for the proper maintenance and repair of customers lines, stop and waste valves, gate valves, pressure regulators, plumbing fixtures, etc., within the customer's premises.

 

            The District allows no waste of water. Users will be responsible for all recorded metered water use in the user's system.

 

            All leakage in the user's system shall be the sole responsibility and expense of the user. The user shall be responsible for the proper maintenance and repair of the user’s system. Leaks in the user’s system shall be repaired as soon as possible after detection. No adjustment for high water bills resulting from loss occurring in a customer's plumbing system will be made.

 

            The District shall not be liable for any damage or injury whatsoever for leakage or for the running of water on the premises from pipelines, plumbing fixtures, open faucets, valves, fixtures, and hoses beyond meters and back flow set at property lines.

 

SECTION 18. PRESSURE REGULATION:

 

            The District will furnish water at the service pressures required by law. In locations in which service pressures are higher than desired or needed, customers shall install and maintain on their premises any pressure regulators required.

 

The District shall not be responsible for damages caused by reason of variations in pressure within the system.

 

SECTION 19 WATER SHORTAGE PROVISIONS:

 

            In the event a water shortage should occurs and it becomes necessary for water to be

conserved, or water-use restricted, the Board, by resolution, may place such restrictions and promulgate such regulations in connection therewith as may be necessary until the water shortage is over.

 

Any user using water and violation of the adopted schedule shall be given notice in writing by the District of the violation. The notice shall advise the user that if unlawful use is not discontinued upon delivery of notice, the water service to the premises shall be terminated. The notice of violation and termination shall be delivered to the user of the premises at which unlawful use is occurring. If the District is unable for any reason to serve a notice on the user personally, the notice shall be posted on the premises, and the posting shall constitute delivery of notice. Water use may be terminated immediately without notice in the event of an imminent threat to health, safety or welfare as determined in the sole discretion of the district.

 

SECTION 20, ILLEGAL USE OF WATER:

 

            If it has been determined that the theft of water has occurred the District will charge the person committing that theft for gallons used estimated to the best of the District's ability, but not less than 10,000 gallons, plus a penalty fee equal to 10 times the total dollar amount charged for the illegal water use. If the water was taken by a person with an approved water service application within the District, or if the water was used for the benefit of a property within the District that is subject of an approved water service application, the District may include the total charge for water usage and the fee on the water bill of the person who took the water and out of the water bill of the benefited property. Persons responsible for theft of water may also be subject to criminal prosecution.

 

SECTION 21. OPERATION OF SYSTEM:

 

             The entire system includes all mains, service lines, meters, reservoirs, water treatment plant, wells, and all facilities and appurtenances shall be operated only by regularly employed or authorized personnel of the District.

 

              No person other than Employees or persons expressly authorized by the District shall connect to any main or service of the system or interfere with the operation of any of the facilities whatsoever, or turn on any meter or service, or operate any valves provided however that members of regularly constituted fire departments shall be permitted to connect to and use standpipes for the express purpose of fighting fires and the use consistent therewith.

 

 

SECTION 22. RESPONSIBILITY FOR EQUIPMENT:

 

                          The District will not be responsible for any loss or damage of any form or nature caused by a defect in the customer's line, plumbing or equipment. The customer shall

be responsible for valves on the customer's premises being turned off when the water service is turned on.

                 District equipment on customer property remains the property of the District and may be repaired, replaced or removed by the District Employees or agents at any time without the consent of the customer. No payment will be made to the property owner for the right to install, maintain, replace or remove district equipment on the owner’s property.

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SECTION 23. PENALTY FOR FAILURE TO COMPLY WITH RULES AND REGULATIONS:

 

                 Failure to comply with these regulations may result in water being shut off and in termination of service and forfeiture of service, as provided in Section 8. In that event, water service will not be restored until all charges and penalties have been paid in full. If the District has turned off water service for any reason and the water service is then turned on by anyone other than the District Employee, there will be a penalty charge assessed against the account.

 

SECTION 24. NOTICE:

 

                 Any notice required or permitted under these rules will be deemed given if (1), delivered in person to service address of the party to whom the notice is addressed or (2), mailed by first class mail, with postage prepaid, to the address of the party as shown in the records of the District or to such other address that is made known to the District as the current address of the party, and shall be deemed complete upon deposit in the mail.

 

SECTION 25. AMENDMENTS OR ADDITIONS:

 

                 The District reserves the right to amend these regulations at any time.

 

 SECTION 26. TRANSITIONAL RULE:

 

                 No deposits or application fees will be required as a condition of continuing any water service that is in effect on the date of the adoption of these rules. In all other respects, these rules will apply upon adoption to all persons receiving water services from the District as well as all persons who apply for water service after the date of adoption.

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