THE TURLOCK THE TURLOCK IRRIGATION IRRIGATION DISTRICT DISTRICT IRRIGATION RULES IRRIGATION RULES I. I.
Rules for the Distribution and Use Use of of Water Water Within the Distribution and TurlockIrrigation Irrigation District Turlock District ... ...………………………..…….. ... ... ... ... ... ... OOOOO ... ..... 2
Rules of of the the Turlock Turlock Irrigation District Governing Rules District Improvement Districts …………………………….………23 .23
III. III. Rules for the Formation and Operation of Pump Districts.. ……………………………35 PumpImprovement Improvement Districts.. .................................35 IV. IV. Rules for the Formation and Operation of Subsurface Drainage Improvement Districts……….…..42 Districts. 42
Policies Policies ...………………………………………………………46 ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...46
Drainage Policy Within the
Turlock Irrigation District ..……………………..47 47
EFFECTIVE, EFFECTIVE, SEPTEMBER SEPTEMBER 30, 2003 REVISED, FEBRUARY 22, 2005 REVISED, JUNE 2, 2009
RULES USE OF OF WATER WATER RULES FOR FOR THE THEDISTRIBUTION DISTRIBUTION AND AND USE WITHIN THE THE TURLOCK WITHIN TURLOCK IRRIGATION IRRIGATION DISTRICT DISTRICT CONTENTS CONTENTS
Preamble …………………………………………………. 3 3 1 1
3 Definitions ……………………………………………….. 3
Operation of Irrigation System ………………………… 66 Facilities
Duties of Irrigator ………………………………………… 99
Water Distribution Operator Duties ……………………. 11 11
Delivery of Irrigation Water ………………………………12
16 Drainage to District Facilities ……………………………...16
17 Water Quality ……………………………………………… 17
Irrigation Regulations ……………………………………..20 20
Enforcement of Irrigation Rules …………………………. 20 and Regulations
RULES FOR USE OF OF WATER WATER WITHIN THE FOR DISTRIBUTION DISTRIBUTION AND AND USE TURLOCK IRRIGATION IRRIGATION DISTRICT DISTRICT
PREAMBLE pursuantto toWater WaterCode CodeSection Section 22257 22257 to These rules rules are are established established pursuant to ensure ensure the the efficient, and orderly, efficient, and equitable equitable distribution, distribution, use use and and conservation of the the water water resources of of the the District. District. The District District will will endeavor endeavor to to deliver deliver irrigation irrigation water water in in flexible, timely operational limits limits of a flexible, timely manner manner consistent consistent with with the the physical physical and and operational the delivery system facilities. the delivery system facilities.
The masculine, masculine, feminine, feminine,or orneuter neuter gender gender and and the the singular singular or or plural plural number number whenever the the context so indicates. shall each include include the the others others whenever indicates. SECTION 1: 1: DEFINITIONS As used used herein, the following words, words, whether whether or not initially capitalized, shall shall have the following meanings: meanings: "Conduits" includes includes canals, laterals, laterals, ditches, ditches, drains, drains, flumes, flumes, pipes, pipes, measurement measurement and control devices, and all related operational facilities. and control devices, and all related operational facilities. the TURLOCK TURLOCK IRRIGATION IRRIGATION DISTRICT "District" means means the DISTRICTfunctioning functioning under under Irrigation Irrigation District Laws of the the California California Water Water Code. Code. owned or leased by the District but "District Conduits" Conduits" mean mean conduits conduits owned but do do not not include improvement improvement district conduits. conduits.
"District Facilities" Facilities" includes includes dams, dams, structures, structures, wells, wells, conduits, conduits, pumps, pumps, power power plants, and all all other other facilities facilities of plants, reservoirs, and of the the District, District, but but does does not not include include improvement district district facilities. facilities. improvement “Improvement District "Improvement District Facilities" include conduits, conduits, pumps, pumps, wells, structures, structures, other facilities owned and other owned by by an an improvement improvement district. district.
"Irrigable" means means all all parcels parcels that that irrigate irrigate and and all those those parcels parcels greater greater than than one one on farm farm irrigation irrigation facilities facilities that acre with with or without without on that could could be be irrigated irrigated by either either District supplies supplies or or from from private private wells. “General Manager” "General Manager" means means the the General General Manager Manager or or his his authorized authorized representative. representative.
landowner or tenant tenant of of a parcel of land who has the "Irrigator" means the landowner primary responsibility for irrigating the parcel. parcel. The term includes the irrigator's officers, employees officers, employees and and agents.
"Landowner" means holder of title or evidence of title to land. "Pollutant" means any foreign or deleterious substance or material including, but not limited to, garbage, rubbish, refuse, animal carcasses, matter matter from any barnyard, stable, dairy or hog pen, herbicides, pesticides, or any other material barnyard, which is offensive to the senses or or injurious injurious to health, or which contaminates or degrades the quality quality of of the receiving water water as defined defined by by federal, state or local degrades the law. "Standby" means a charge for services, services, such such as as drainage, drainage, groundwater groundwater management, storm storm water, water, etc., assessed against all parcels that that irrigate and those parcels greater than one acre outside community or municipal water district boundaries that are irrigable. "Tenant" means a person or entity who leases, rents, or sharecrops land from a landowner. motor vehicle, vehicle, self propelled "Vehicle" means any motor propelled vehicle, motorcycle, motorized motorized bicycle, or all terrain vehicle. "Water, additional," that is only available to lands served by "Water, additional," means water that pumps under under contract contract to to the the District. District drainage drainage pumps or pumps "Water Allotment" "Water Allotment" means the base quantity of water, which is set annually by the TID Board of of Directors Directors for for each each acre acre of ofland land within within the the District that that can receive District District water water from District District facilities facilitiesdirectly directlyor orthrough through improvement improvement district or private facilities and and which comply with these rules. "Water, available," "Water, available," means the quantity of water above the water allotment that is made available to each acre of land within the the District that that can can receive District water. FACILITIES SECTION 2: FACILITIES
CONTROL OF THE THE SYSTEM: SYSTEM: CONTROL OF management of of the the TID District facilities facilities are are under under the exclusive control and management Board of of Directors, Directors,and andits itsauthorized authorized agents. agents. No other persons shall have any right to operate or interfere with said system in any manner.
ACCESS TO LANDS: Every District District director, director, employee, employee, or or authorized authorized agent or representative shall have free access access with with appropriate appropriate vehicle or equipment at all times (including and holidays) to enter any land irrigated with with District water or weekends and improvement district district facilities facilities for any of the following occupied with District or improvement purposes: (1) (1) inspecting District, improvement district, or private irrigation facilities, the facilities, the flow flow of of water water within within the the facilities facilities(including (including measurement), measurement), and and the use of water on the land; (2) determining determining the acreage of crops irrigated or to be irrigated; and (3) maintaining or operating District or improvement district facilities.
2.3 ENCROACHMENTS: ENCROACHMENTS: 2.3 2.3.1 No Notrees, trees,vines, vines,shrubs, shrubs,corrals, corrals,fences, fences, or any other other type type of encroachment 2.3.1 or placed placed in, in, on, over, or across any District or shall be planted, planted, or conduit or or any any District right-of-way unless the improvement district conduit District has given specific specific written written approval approval for such encroachment. 2.3.2 Any Anyunauthorized unauthorizedencroachment encroachmentmay maybe beremoved removedby by the the District District at the 2.3.2 expense of the encroacher. 2.3.3 Encroachments Encroachmentson onan animprovement improvementdistrict district right-of-way right-of-way that interferes 2.3.3 operation or or maintenance maintenance of of that that facility may be removed by the with the operation District at the expense of the encroacher.
CONSTRUCTION OF IRRIGATION IRRIGATION FACILITIES: FACILITIES: CONSTRUCTION OF 2.4.1 No Nodiverting divertinggates, gates,weirs, weirs,structures, structures, or or pump pumpintakes intakes shall shall be be constructed 2.4.1 or placed in any District conduit conduit until an application in writing has been made to the TID Board Board of of Directors Directorsand and permission permission granted granted therefore. 2.4.2 All Allsuch suchpermitted permittedgates, gates,weirs, weirs, structures, structures, or or pump pump intakes intakes shall shall be at the 2.4.2 irrigator's expense, built to current District Construction and Engineering adoptedby by the theTID TID Board of Directors, and Design Standards as adopted and shall become the property of the District upon completion.
CONSTRUCTION OF NON-IRRIGATION NON-IRRIGATION FACILITIES: FACILITIES:
2.5.1 No Noimprovements improvementsororinstallations installationssuch suchas asbuildings, buildings,bridges, bridges, gates, gates, fences, fences, 2.5.1 cables, pipes, or other facilities, shall shall be be constructed constructed or placed in, on, over, across or along any District conduit conduit or right-of-way until until an application for a Revocable Revocable License LicenseAgreement Agreement has has been been made made to to the the District District and and the TID Board Board of ofDirectors Directorsauthorization authorization isisgranted granted therefore. therefore. The applicant does not acquire any rights in the District's right-of-way other other than those the Revocable License Agreement. set forth in the 2.5.2 All Allsuch suchpermitted permittedbridges, bridges,gates, gates,fences, fences,cables, cables, pipes pipes or or other other facilities facilities 2.5.2 shall be constructed, erected, installed, installed, and and maintained maintained at the irrigator's expense and built to District Construction and Engineering Design Standards.
MAINTENANCEOF OFIMPROVEMENT IMPROVEMENTDISTRICT DISTRICT FACILITIES: FACILITIES: MAINTENANCE 2.6.1 Maintenance Maintenanceof ofimprovement improvementdistrict districtfacilities, facilities, shall be governed by the 2.6.1 Governing Rules of the Turlock Irrigation District current Governing District Improvement Improvement Districts, Rules Rules for for the the Formation Formation and and Operation Operation of of Pump Pump Improvement Improvement Operation of Subsurface Districts and the Rules for the Formation and Operation Improvement Districts Districts adopted adoptedby bythe theTID TID Board Board of Directors. Drainage Improvement 2.6.2 Improvement Improvementdistrict districtfacilities facilitiesmay maybe be cleaned cleaned or or repaired repaired by by the the District 2.6.2 at the improvement district's expense when the District determines such action is necessary. 2.6.3 Maintenance Maintenanceand andrepair repairof ofirrigation irrigationvalves valves on on District District or improvement 2.6.3 district facilities facilities are are the the responsibility responsibility of of the the property property owner.
SECTION 3: 3: OPERATION OPERATION OF OF IRRIGATION IRRIGATIONSYSTEM SYSTEM FACILITIES FACILITIES SECTION
LIMITS OF LIABILITY: 3.1.1 The TheDistrict Districtwill willnot notbe be liable liable for damage of any kind 3.1.1 kind or nature nature resulting directly or indirectly from any any private private or improvement district ditch or water flowing therein, or for negligent, wasteful, or other conduit or the water use or handling of water by the users thereof. 3.1.2 The TheDistrict's District'sresponsibility responsibilityshall shall absolutely absolutely cease cease when the water leaves 3.1.2 the sidegate from a District conduit conduit onto the irrigator's land or into a private conduit or improvement improvement district district facility.
CONTROL OF GATES:
3.2.1 The TheDistrict's District'semployees employees have have sole sole right and and responsibility to open any 3.2.1 sidegate from a District conduit, and they have the exclusive responsibility to close close such such gate. gate. The Water Distribution Operator may make arrangements with an irrigator allowing the irrigator to operate a during the the period period the the irrigator irrigator is is scheduled scheduled to receive water. sidegate during 3.2.2 Any Anyirrigator irrigatorororgroup groupofofirrigators irrigatorsmay maylock lock their their sidegate(s) sidegate(s) from the 3.2.2 District facilities facilities with with prior prior written permission of the District. 3.2.3 The TheDistrict Districtmay maylock lockor or require requirean anirrigator irrigatorto to seal seal or or remove, remove, at their sole 3.2.3 expense, a sidegate, turnout gate, or other valve where service from that facility is is no no longer longer desired, desired, required by the irrigator, or subject to vandalism. 3.2.4 All Allturnouts turnoutsfrom fromDistrict Districtfacilities facilities shall shall be gated or have another positive 3.2.4 shut-off system easily accessible accessible to to the the Water Water Distribution Distribution Operator Operator within within the District right-of-way.
USE OF CANAL BANK ROADS: 3.3.1 Use UseofofDistrict Districtcanal canalbank bank roads roadsand andrights-of-way rights-of-wayis is at at the the sole sole risk of the 3.3.1 user. The The District District reserves its rights to limit the public and private private use use of its canal bank roads and rights-of-way. 3.3.2 No Noperson personshall shalldrive driveany anyvehicle vehicleupon uponany anyDistrict District canal canal bank road or 3.3.2 right-of-way unless such person has received permission from the District to drive upon such road or right-of-way. 3.3.3 The Thefollowing followingpersons personshave havepermission permissionto todrive driveaa vehicle vehicle upon upon aa District 3.3.3 canal bank road or right-of-way:
Any District director, officer, employee, employee, or agent in the discharge of their duties.
Private parties actively involved with farming a parcel of land adjacent to the specific District canal canal bank bank road or right-ofrequire the the use use of of aa specific specific District canal bank way, or which require or right-of-way right-of-way for access to irrigation facilities serving road or that parcel of land.
on official Any sheriff, police, fire, or or public safety personnel personnel on business.
needs to to use use aa specific specific District Any District contractor who needs canal bank road or right-of-way to to perform perform work work under under their contract with the District.
3.3.4 The TheGeneral GeneralManager Manager is is authorized authorized to to adopt adopt regulations regulations setting forth the 3.3.4 procedure for other persons to obtain permission to drive a vehicle on specific District District canal canal bank bank roads roads or rights-of-way.
WITH DISTRICT DISTRICT FACILITIES: INTERFERENCE WITH 3.4.1 Any Anyinterference interferencewith withor ordamage damageto toany any District District or improvement district 3.4.1 facility, or or the the banks banks of of any any District District or or improvement improvement district conduit is prohibited. 3.4.2 Except Exceptfor forauthorized authorizedDistrict District employees, employees, agents and representatives, and 3.4.2 persons authorized under under these these rules, no person shall be permitted to do any of the following:
other object to, on To attach or place any boards, ropes, or any other upon any any District or improvement improvement district district facility; or upon
188.8.131.52 ToTo placeororremove removeaaweir weirboard boardin in aa weir weir or drop; 184.108.40.206 place
To be on any counter weight, cable, or or any any parts of an automatic gate;
To remove any chain, board, post, or gate placed on or across road of the District. any canal bank road
3.4.3 Any Anyinterference interferencewith withor ordamage damageto toDistrict District facilities facilities by pedestrians, 3.4.3 livestock, vehicles, vehicles, parking parking of of vehicles, vehicles, or or obstructions obstructions placed placed thereon thereon Costsfor for repair repairof of damages damagesto toDistrict District facilities facilities shall be is forbidden. Costs borne by the party causing said damage or obstruction.
PUBLIC USE USE OF OF CONDUITS: CONDUITS:
District conduits shall be used solely for for the the authorized authorized purposes purposes of the District, including conveying irrigation water for use on land and for conveying drainage The use use of of District conduits for any water away from the land. The any other other purpose purpose requires prior prior authorization authorization by by the the District District and and shall shall be be at at the the sole sole risk of the user. 3.6
PUMPING FROM CONDUITS:
3.6.1 All Alllandowners landownersor orirrigators irrigatorswho whopump pumpfrom fromDistrict District conduits conduits for the 3.6.1 the purpose lands shall be governed in all respects purpose of irrigating lands respects by by the the rules rules regulations applicable to landowners landowners under under gravity gravity service, service, except and regulations system design flows. 3.6.2 The TheDistrict Districtshall shallnot notbe be responsible responsible for for any trash or debris that may flow 3.6.2 or accumulate in the the water, or for any any interference interference with with or or change change in in the the operation or capacity of of any any private private pump pump installations, pipelines or irrigation systems.
DISTRICT DRAINAGE DRAINAGE WELLS WELLS AND AND PUMPS: PUMPS: 3.7.1 District Districtdrainage drainagepumping pumpingplants plantsare arenot notinstalled installed to to reclaim reclaim individual 3.7.1 individual acreage. acreage. 3.7.2 The TheDistrict, District,within withinits itssole solediscretion, discretion, shall shall determine determine the the times times (if (if any) to 3.7.2 to run a District owned owned drainage drainage pump pump depending on, certain operating operating limited to, facility maintenance, criteria, including including but not limited maintenance, the the groundwater level in the vicinity of groundwater level of the the pump, pump, available gravity gravity irrigation irrigation supply, available canal capacity, peak supply, peak power power load, or or quality quality of the the water water being pumped. pumped. 3.7.3 The Thewater waterpumped pumpedfrom fromany anyDistrict Districtwell wellshall shallbe be subject subject to all the 3.7.3 the rules rules and regulations governing the use of gravity gravity water. water. 3.7.4 All AllDistrict Districtpumps pumpsare areto tobe be operated operatedby by District District personnel only. 3.7.4 3.7.5 Existing Existingdeliveries deliveriesof ofwater waterbeing being made madeto to irrigators irrigators directly directly from from District 3.7.5 drainage pumps will be honored drainage pumps honored only as as long long as as the the pump pump and and pipeline pipeline No new new connections connections will be are needed needed for drainage. drainage. No be permitted. permitted.
DUTIES OF OF IRRIGATOR SECTION 4: 4: DUTIES
IRRIGATOR RESPONSIBILITIES: 4.1.1 When Whenwater waterisismade madeavailable availableto toan anirrigator irrigatorby by the the District's District's Water 4.1.1 Distribution Operator, the irrigator must have a responsible person present, and the land to be irrigated must be properly properly prepared to efficiently take the water. efficiently take the water. 4.1.2 From Fromthe thetime timedelivery deliveryof ofwater waterisiscommenced commenced to to the the completion completion of 4.1.2 irrigation, the irrigator shall, shall, day day and and night, attend and control the water.
4.1.3 When Whenwater waterisisdelivered deliveredto tothe theirrigator, irrigator,the the irrigator irrigator shall shall be be responsible 4.1.3 for the the water at all times after it leaves leaves the the District District conduit. conduit. 4.1.4 The Theirrigator irrigatorisisresponsible responsible and andliable liable for for any damage caused by the 4.1.4 the irrigator's negligence or careless use use of of water, water, or or the the result of failure of the the irrigator to properly properly operate or maintain any ditch, pipeline, or other other facility for for which which the the irrigator irrigator is is wholly wholly or or partially partially responsible. responsible. 4.1.5 ItItisisthe theirrigator's irrigator'sresponsibility responsibilityto toclose close all all of the 4.1.5 the irrigator's irrigator's private private valves at the end of each irrigation. irrigation. 4.1.6 ItItisisthe theirrigator's irrigator'sresponsibility responsibilityto toclear clearthe the common common facilities facilities by 4.1.6 by opening opening and closing closing sidegates, unless stopgates and unless directed directed otherwise by rules of that that distribution system. distribution system. 4.1.7 ItItisisthe theirrigator's irrigator'sresponsibility responsibilityto tocall call the the next next irrigator in line and 4.1.7 and inform them It is also them in aa timely timely manner manner that that they are going to to receive receive the the water. water. It the the irrigatorâ€™s irrigator's responsibility to call their their Water Water Distribution Distribution Operator Operator and off. immediately after the the irrigation irrigation to report report irrigation times on and Irrigation Operator, if if Irrigation time may be estimated estimated by the Water Distribution Operator, the the irrigator does not call in in aa timely timely manner. manner.
WASTE OF OF WATER: WATER: 4.2.1 All Allwater watermust mustbe beapplied appliedefficiently efficiently and and used used in in a reasonable and 4.2.1 and beneficial manner. manner. 4.2.2 Any Anyirrigator irrigatorwho whowastes wasteswater wateron on roads, roads, vacant vacant land, or land previously 4.2.2 irrigated, either either willfully, willfully, carelessly, or on account of defective or irrigated, or conduits or facilities, facilities, or inadequate conduits or inadequately inadequately prepared prepared land, land, or or who who floods aa portion portion of of the the land land to to an an unreasonable unreasonable depth depth or or amount amount in in order order to to irrigate irrigate other other portions, or floods across one one parcel parcel to to irrigate irrigate another another parcel, parcel, may may be be refused refused District District water water until until such such conditions conditions are are remedied. remedied.
MAINTENANCE OF FACILITIES: FACILITIES: MAINTENANCE OF 4.3.1 All Allprivate privateor orimprovement improvementdistrict districtconduits conduits must must be be kept kept free free from 4.3.1 and other other obstructions, obstructions, be be of sufficient capacity, weeds and capacity, and and be be properly properly constructed and maintained to carry the flow of water applied for, constructed and maintained to carry the flow of water applied for, without the the danger danger of of breaks, overflow, or without or undue undue seepage.
4.3.2 The TheDistrict Districtmay mayshut shutoff off the the delivery delivery of water to any private or 4.3.2 improvement district facility not meeting the above above requirements requirements and require them to be cleaned, repaired, or reconstructed before water is turned into them.
CAPACITY OF PRIVATE OR IMPROVEMENT IMPROVEMENT DISTRICT DISTRICT FACILITIES: 4.4.1 All Allnew newprivate privateor orimprovement improvementdistrict districtfacilities facilities for irrigation purposes 4.4.1 provide for for aa gravity gravityflow flow of of not not less less than thanfifteen fifteen (15) (15) cubic feet per shall provide variance from from this this minimum minimum flow flow size shall be evaluated by the second. AA variance General Manager on a case-by-case basis basis considering considering the impacts on the operation of the delivery system. 4.4.2 The Theirrigator irrigatorwill willbe berequired requiredto toinstall install and and operate operate lift lift pumps pumps to to receive 4.4.2 water where where the the District is unable to deliver gravity water. 4.4.3 Where Wherethe theirrigator irrigatorchooses chooses to to install install a pump pump system, system, to irrigate the 4.4.3 pump systems, systems, the delivery flow irrigator's lands with sprinkler or other pump rate may be less than fifteen cubic cubic feet feet per per second, second, provided provided the lower flow rates are compatible with the remaining gravity deliveries in that portion of the District or improvement district facilities. facilities. improvement district 4.4.4 The Thelocation locationand andtie-in tie-inof ofgravity gravityor orpump pumpfacilities facilitiesto toDistrict District facilities facilities 4.4.4 must meet District Construction and Engineering Design Design Standards Standards and writing by the District. be approved approved in writing
SECTION 5: WATER DISTRIBUTION OPERATOR DUTIES SECTION 5: WATER DISTRIBUTION OPERATOR DUTIES
MEASUREMENT OF WATER: All measurements of water delivered by the District to irrigators shall be made by the District at the District sidegate. sidegate. The District shall maintain records of the number of names of each irrigator, the parcel that each irrigator has irrigated, the number acre feet of of water water used used by each each parcel, parcel, and and other other such such irrigation irrigation and and operations information as required by the General Manager.
INFORMATION TO TO WATER WATER USERS: USERS: INFORMATION
The Water Distribution Operator will provide a service to water users by informing and advising each irrigator of the anticipated time of water delivery to his parcel of land land and the persons water is to be received from and and passed on to. The Water Distribution Operator will confirm information on flows, sidegate operation, and any special instructions related to the delivery.
SECTION 6: DELIVERY DELIVERY OF WATER SECTION 6: OF IRRIGATION IRRIGATION WATER 6.1 6.1
WATER ALLOTMENT CHARGES: WATER ALLOTMENT AND AND CHARGES: 6.1.1 The TheTID TIDBoard Boardof ofDirectors Directors shall shall establish establish the the quantities quantities of 6.1.1 of water water and and the the charges for charges for each each quantity quantity of of water, water, the the gardenhead gardenhead rotation, rotation, standby standby charges, and ending dates dates for for the the irrigation irrigation season. season. charges, and the the beginning beginning and and ending 6.1.2 Pursuant PursuanttotoWater WaterCode CodeSection Section22259, 22259,the theTID TID Board Board of of Directors 6.1.2 Directors may may determine that surplus surplus water waterisis available available and and can can be be sold sold for for irrigation irrigation of of determine that lands outside the the District District boundaries. These above above normal lands outside boundaries. These normal water water supplies supplies are intermittent and should should not not be be counted counted on on as as aa firm firm supply to be be are intermittent and supply to delivered every year. delivered every year. 6.1.3 Charges Chargesand andassessments assessmentsfor for improvement improvement district district maintenance, maintenance, 6.1.3 operation and and construction construction will will be be billed billed on District operation on the the Improvement Improvement District Statement of of Assessment Statement Assessment for for the the current current calendar calendar year year as as governed governed by by the the State Water State Water Code. Code. 6.1.4 All Allwater watercharges chargesand andother otherirrigation irrigationor or drainage drainage related related charges charges shall shall be be 6.1.4 due and payable as stated by TID Board of Directors Resolution and due and payable as stated by TID Board of Directors Resolution and notices in notices in billing billing statements. statements.
FAILURE TO FAILURE TO PAY PAY CHARGES: CHARGES: 6.2.1 The TheDistrict Districtmay may refuse refuse to to furnish furnish water water to to any any parcel parcel if 6.2.1 if outstanding outstanding charges for such parcel charges for water water or or services services already already furnished furnished or or rendered rendered such parcel (including penalties) have been paid in full full (including any any accrued accrued interest interest and and penalties) have not not been paid in by the by the Districtâ€™s District's prescribed prescribed payment payment date. date. 6.2.2 All Allcharges chargesshall shallbe be made made for for individual individual parcels parcels and and are are the the responsibility responsibility 6.2.2 of the owners of of record record for for each each parcel of the recorded recorded owners parcel even even if if the the irrigator irrigator is is only aa tenant All delinquent delinquent charges charges and only tenant and and not not the the landowner. landowner. All and assessments, together any accrued accrued interest penalties, may may be be assessments, together with with any interest and and penalties, collected in specified in collected in accordance accordance with with the the procedures procedures specified in Water Water Code Code Section 25806. 25806. Section
6.2.3 The TheDistrict Districtmay mayrefuse refuseto to furnish furnishwater waterto toany any parcel parcel to to which which the the District 6.2.3 holds title by virtue of a collector's deed deed or on which the District has an outstanding unredeemed unredeemedcertificate certificate of sale for the nonpayment of an outstanding assessment. 6.2.4 Unpaid Unpaidfees feesand andcharges chargesfor forservices servicesrelating relatingto to revocable revocable license 6.2.4 agreements, drainage permits, storm water agreements, or any other agreement or or permit permit from from the the District District shall shall be be subject to the provisions provisions of agreement this section, including including Water Water Code Code Section Section 25806 which which allows the District to place a lien lien on on property property for unpaid fees and charges.
IRRIGATION IRRIGATION SERVICE: 6.3.1 Irrigation Irrigationwater waterwill willbe beprovided providedto tothe theirrigator irrigator on on the the basis basis of an 6.3.1 arranged demand delivery, "call system", whereby the rate of gravity arranged demand delivery, "call water delivery, delivery, normally normallybetween betweenfifteen fifteen(15) (15) or or twenty twenty (20) (20) cubic feet per water second, is constant, but but the frequency and and duration of use is requested by the irrigator. 6.3.2 The TheWater WaterDistribution Distribution Operator Operator will will endeavor endeavor to meet the scheduled 6.3.2 time of delivery within the the capacity capacity limitations limitations of of the the District District facilities efficient and while maintaining efficient and equitable equitable water water distribution distribution between time limit limit may may be applied applied to to each delivery of water to irrigators. AA time prevent unreasonable use or waste of water. Delivery Delivery of water to parcels not in the original water order may be curtailed to meet previously scheduled deliveries. 6.3.3 To Toschedule schedulean anirrigation, irrigation, the the irrigator irrigator must must place an order with the 6.3.3 Central Call Call Center. Center. In the water order, the irrigator should give a reasonably close estimate for the length of irrigation time the water will be used for each individual The irrigator will individual parcel intended intended to be irrigated. irrigated. The confirm the delivery flow for each parcel with the Central Call Center. within twenty-four twenty-four (24) (24) hours of The Water Distribution Operator, within receiving the irrigation request will give the irrigator an estimate of the date when water water will will be available, and will later attempt to give the at least twelve twelve (12) hours notice of any change in time of delivery. irrigator at The irrigator must have his land ready to receive water when the water Water will will be be made made available available on requested requested specific specific dates, request is made. Water if it does not jeopardize service service to to another another customer or operation of the canal system.
REFUSAL OF WATER BY IRRIGATOR:
6.4.1 IfIfan anirrigator irrigatorfails failsor orrefuses refuses to to continuously continuously use the entire head of water 6.4.1 normally delivered to him, then the following shall apply:
The full amount of the scheduled irrigation will be charged to the irrigator;
portion of The irrigator shall not be entitled to use the unused portion water at any other time;
reschedule for delivery delivery of The irrigator will be required to reschedule water;
water for a five The irrigator may not be allowed to reschedule water (5) day day period because of repeated repeated refusals of previously scheduled water.
6.4.2 The TheDistrict Districtwill willendeavor endeavorto toutilize utilizecanceled canceled water water to to the the benefit benefit of other 6.4.2 that portion portion so so utilized utilized will not be charged to the irrigator irrigators and that described in Section Section 6.4.1. 6.4.1. described in
INTERRUPTIONS OF OF SERVICE: SERVICE: INTERRUPTIONS district facility necessitating When a break occurs in any private or improvement improvement district interruption of of irrigation service, the irrigator whose irrigation was an interruption interrupted, shall shall be be allowed, allowed, when when service service is restored, to finish irrigating before interrupted, water is taken from the irrigator.
UNAUTHORIZED USE USE OF WATER: UNAUTHORIZED 6.6.1 Any Anyperson personwho whouses usesthe theDistrict District water water without without the the District's District's permission 6.6.1 may become subject to criminal prosecution and and civil liability. 6.6.2 First Firsttime timeuse useof ofthe theDistrict's District's water water without without the the District's District's permission shall 6.6.2 additional charge, for the water taken, at the rate set by the result in an additional TID Board Board of of Directors Directorsfor forthe theunauthorized unauthorized use of water. 6.6.3 Subsequent Subsequenttaking takingof ofwater waterwithout withoutpermission permissionshall shallresult resultin in forfeiture forfeiture of 6.6.3 irrigation water for the remainder of the season and an additional charge, water taken, taken, at at the the rate rate set set by by the the TID TID Board of Directors for the for the water unauthorized use of water. unauthorized
6.6.4 IfIfthe theDistrict Districtcannot cannotmake make aa reasonable reasonable estimation estimation of the water taken, the 6.6.4 average irrigation in acre-feet of of the the parcel parcel irrigated irrigated without the District's permission shall be used for assessing the additional charge.
IMPROVEMENT DISTRICT DISTRICT SYSTEMS: SYSTEMS: SERVICE TO PRIVATE OR IMPROVEMENT
Water entitlements of irrigators irrigators who utilize private private or improvement district delivered to to the the head head of of these these facilities facilities by the Water conduits shall be delivered shall be be incumbent on the irrigators to control the Distribution Operator. ItIt shall actions of of individuals individuals taking water from private or improvement district conduits. 6.8
TRANSFER OF WATER: 6.8.1 AAlandowner landownermay maytransfer transferwater waterfrom from an an owned owned or or rented rented parcel parcel to 6.8.1 provided all all of the another parcel which the landowner owns or rents provided following conditions are met:
Both parcels are entitled to receive water;
220.127.116.11 The The rented parcelfrom fromwhich whichwater waterisistransferred transferred shows on 18.104.22.168 rented parcel the District records to have been rented to the same landowner or irrigator during the prior year's irrigation season; 6.8.2 All Alltransfers transfersmust mustbe beapproved approvedby bythe the Water Water Distribution Department and 6.8.2 must completed by by December December 20. must be completed 6.8.3 The Thelandowner landownermay mayrequest requestthat thatthe theWater Water Distribution Distribution Department link 6.8.3 parcels described in Section 6.8.1 6.8.1together together for for the the purpose purpose of water transfers. ItIt is is the landowners landowners responsibility responsibility to designate which parcels are to be linked and to inform the Water Distribution Department of any additions or or deletions in the parcels to be linked together. additions
GARDEN SERVICE SERVICE AREAS: IRRIGATION OF GARDEN 6.9.1 Garden Gardenservice serviceareas, areas,which whichare areordinarily ordinarilyparcels parcelseach each less less than than five five acres 6.9.1 distinct from from farm farm service areas, will be in size that are separate or distinct irrigated as a group, where possible, possible, with with aa standardized standardized rotation irrigation flow consistent with the capacity of the garden service area irrigation facilities. irrigation
6.9.2 Deliveries Deliveriesof ofwater waterto toditches ditchesor or pipelines pipelines for for irrigation irrigation of garden service 6.9.2 areas will be scheduled by the District and and may be subject subject to to interruption interruption when it is necessary to minimize waste of water.
6.10 WORK WORKBILLED BILLEDTO TO OTHERS OTHERS 6.10 6.10.1 Work Work Billed Billed to Others are a result of damages done done to a District or 6.10.1 improvement district district facility. These These charges are billed to the responsible improvement party or parties causing the damage. A A statement statement will will be mailed describing work done and the cost associated with that work. 6.10.2 All All Work Work Billed to Others charges shall 6.10.2 shall be be due due and and payable upon receipt, unless otherwise stated. 6.10.3 The The District District may refuse irrigation water water for any unpaid unpaid Work Work Billed Billed to 6.10.3 Others statements. 6.10.4 Customers Customers who who may may not not agree agree with with the District's Districtâ€™s findings may appeal the 6.10.4 statement by by referring referring to to Section Section 10 within statement within these rules. SECTION 7: 7: DRAINAGE DRAINAGETO TODISTRICT DISTRICTFACILITIES FACILITIES SECTION 7.1
TO DISTRICT DISTRICT FACILITIES: DISCHARGE TO 7.1.1 Nodischarge dischargeisisallowed allowedto toenter enterinto into any any District District or improvement district 7.1.1 No approval of of the District. facility without without the prior express written approval 7.1.2 Useof ofimprovement improvementdistrict districtfacilities facilities for transportation 7.1.2 Use transportation of animal wastewater requires requires aa Revocable Revocable License wastewater License Agreement Agreement approved approved by the District. 7.1.3 Anyperson personwho whowillfully willfullyor ornegligently negligently allows allows any discharge to enter any 7.1.3 Any District or improvement improvement district facility facility without without the the prior express written written approval of of the the District shall be liable for all approval all damages damages caused by the discharge and and the the costs costs of of the the cleanup cleanup of of all all affected facilities and of all property adversely affected by the discharge. property adversely 7.1.4 TheDistrict Districtwill will not not deliver deliver water water to to the the land land from which the discharge 7.1.4 The until the the facilities facilities by which the discharge entered the District or originated until improvement district facilities are are removed removed or permanently permanently sealed and all costs associated associated with with the the cleanup cleanup and and damages have been paid.
DRAINAGE PERMIT: 7.2.1 Revocable License License Agreement for drainage or discharge, approved 7.2.1 AARevocable approved by the District, District, isis required required to to pump, pump, siphon, siphon, or or drain drain surplus irrigation water, storm water, wastewater, subsurface drainage, or any other water into any District or improvement district conduit, facility or or property. property. 7.2.2 Therate rateand andquantity quantityofofdrainage drainageinto intothe theDistrict Districtfacility facility is is subject to 7.2.2 The limitations based on the capacity of the facility and and the quality of the drainage water. Connections Connectionsto toDistrict Districtfacilities facilities shall be made to District drainage water. Construction and Engineering Design Standards Standards at the permittee's expense.
DRAINAGE OF WATER: Where excessive excessive runoff runoff from from lands receiving District water water are entering District facilities, the facilities, the District District may may reduce reduce the the quantity quantity of water delivered in an effort to reduce the drainage flows, or require the landowner to install special drainage facilities to to regulate regulate the flow back into the District facilities. facilities. The District may landowner to to cease cease all such runoff into into District facilities whenever also require a landowner whenever necessary for the District’s, District's, or or the the public’s public's interest, including, but not limited to, preventing injury or damage, or performing ensuring water quality standards, preventing repair or maintenance.
SUBSURFACE DRAINAGE: DRAINAGE: Under certain conditions, the District will contribute a portion of the financing District’s proportionate for new subsurface drainage projects. projects. The District's proportionate financial contribution will be limited solely to those those lands lands lying within within a quarter mile radius of an existing District District drainage drainage well. well. The District’s District's proportionate proportionate upon the the formula formula detailed detailedbelow below in in Section Section 7.4.1. 7.4.1. The contribution will be based upon landowners and and improvement improvementdistricts districtsshall shall be be responsible responsible for for all other costs landowners The District's District’s financial associated with the subsurface drainage project. The participation in subsurface drainage drainage projects projects is subject to certain conditions and including but but not not limited limited to to those those set set forth forth in the Rules for the requirements, including and Use Use of of Water Within the the Turlock Irrigation Irrigation District, District, Rules for Distribution and the Formation and Operation Operation of Subsurface Drainage Improvement Districts and Governing Rules of the Turlock Irrigation District Improvement Districts. 7.4.1 TheDistrict Districtwill willstart startwith withits its5-year 5-year average average electricity electricity costs for 7.4.1 The for pumping, pumping, escalated (1 percent percent annually) over 10 10 years years to to account account for for inflation. inflation. This future 10-year payment payment stream is converted converted to to aa present present value. value. It is divided number of of District active drainage divided by the number drainage wells and and further
divided by 120 120 (number well), which divided by (number acres acres influenced influenced per per well), which yields yields the the District acre. District contribution contribution per per acre. SECTION 8: WATER WATER QUALITY QUALITY SECTION 8: 8. 1 8.1
WATER QUALITY QUALITY REQUIREMENTS: WATER REQUIREMENTS: 8.1.1 InInaddition additiontotoany anyother otherlegally legally required required standard, standard, any any discharge discharge of of water 8.1.1 water into the the District District facilities for into facilities must must meet meet District District water water quality quality standards standards for discharge to canal discharge to canal system. system. 8.1.2 Dischargers Dischargersare aresolely solelyliable liable and and responsible responsible for for meeting meeting and complying 8.1.2 and complying with all all local, local, state, with state, and and federal federal regulation regulation of of water water quality quality and and subsurface subsurface pumping. Dischargers agree agree to to indemnify, indemnify, defend hold harmless harmless the pumping. Dischargers defend and and hold the District, District, its its TID TID Board Board of of Directors, Directors, officers, officers,employees employeesand and agents agents against against all liability, all liability, claims, claims, damages damages and and costs costs (including (including reasonable reasonable attorneys attorneys fees) relating fees) relating to to the the quality quality of of water water discharged discharged by by aa discharger. discharger. 8.1.3 New NewDrainage DrainageSystems: Systems: Prior Priorto tothe thefirst first discharge discharge of of drainage drainage into into 8.1.3 District District facilities, facilities, the the District Districtwill willperform perform aa water water quality quality test test on on the the water water to In addition, addition, for for new new subsurface subsurface drains, drains, the the District District to be be discharged. discharged. In requires the the installation installation of All water requires of test test wells wells prior prior to to construction. construction. All water quality tests tests performed performed under under this this section section will will be be at at the the expense expense of of the quality the discharger. discharger. 22.214.171.124 126.96.36.199
Drainage systems to be be non-compliant Drainage systems found found to non-compliant will will be be required required to obtain variance per per section section 8.2 8.2 prior to obtain aa variance prior to to commencing commencing discharge into District District facilities. facilities. discharge into
8.1.4 Existing ExistingDrainage DrainageSystems: Systems: the theDistrict District will will perform perform water water quality quality tests 8.1.4 tests quarterly or or at at other other intervals intervals at All water quarterly at the the Districtâ€™s District's discretion. discretion. All water quality quality tests under this this section section will will be be at at the the expense expense of tests performed performed under of the the discharger. discharger.
Within 1 1 month of water quality test, test, the the District District will will notify Within month of water quality notify the discharger discharger of of non-compliance. The discharger discharger will will be be the non-compliance. The given thirty (30) (30) days for aa variance. given thirty days to to apply apply for variance.
Failure to for aa variance the thirty thirty (30) (30) day Failure to apply apply for variance within within the day period will result in immediate suspension of of discharge period will result in immediate suspension discharge privileges. privileges.
VARIANCE PROCESS: PROCESS: VARIANCE
8.2.1 Discharger Dischargermust mustprepare prepareand andprovide, provide,along along with with the the variance 8.2.1 If land being drained application, a detailed plan of operation. operation. If drained is used for dairy operations or nutrient nutrient water water is is applied applied to to the the soil soil on land land subject to grower must must also also successfully successfully complete the subsurface drainage, the grower California Dairy Dairy Quality Quality Assurance Assurance Program, Program,including includingcertification. certification. The District will make staff available to assist growers growers in these processes. 8.2.2 The Theobjective objectiveof of the the operational operationalplan planisisto to identify identify all all facility facility modifications 8.2.2 or best management practices necessary to improve improve the water quality such that the discharges will meet water water quality quality standards standards within the variance period. 8.2.3 Discharger Dischargerwill willbe beallowed allowedup uptotoaasixty sixty(60) (60) month month variance to bring a 8.2.3 non-compliant facility into compliance with water into compliance with water quality quality standards standards for discharges. Any Any variance variance period period may be reduced reduced as a result of new requirements imposed imposed by by any any local, local, state, or federal agency. requirements 188.8.131.52 IfIfafter 184.108.40.206 afterthe theexpiration expiration of of the the initial initial variance, variance, the the discharge discharge still does not meet applicable water water quality standards, the discharger may request 12 month extensions of the variance from the General Manager by providing providing justification for the extension and and an updated operational plan. plan. The The General Manager will determine updated operational grant the the extension after reviewing the whether or not to grant justification justification and and updated updated operational plan. 8.2.4 Discharger Dischargershall shallphysically physicallyimplement implement operational operational changes changes according to 8.2.4 the schedule detailed in the plan of operation for the variance to remain in effect. 8.2.5 The TheDistrict Districtmay maychoose choose to to conduct conduct an an annual annual review review to to verify verify compliance 8.2.5 plan of of operation operation and and assess assess the the effectiveness effectiveness of operational with the plan changes. Modifications to the original plan of operation may be necessary as a result of the the annual annual inspection. inspection. Failure to comply with the provisions plan will result in the suspension suspension of contained within the operational plan discharge to the Districtâ€™s District's system until such time that that the plan is brought into compliance. 8.2.6 Through Throughnormal normalirrigation irrigationoperations, operations,the theDistrict District will will accept non8.2.6 compliant drainage discharges provided that flows within the the canal or provided that flows within lateral are sufficient sufficient to to provide provide adequate adequate dilution to meet all water quality standards in in effect effect at the time of discharge. standards
8.2.7 The TheDistrict Districtmay, may,at atits its discretion, discretion, accept non-compliant drainage 8.2.7 discharges during the variance period provided they do not adversely impact water quality standards or cause other potential injury. injury. The District will not not re-operate its system system to to ensure ensure non-compliant discharges meet water quality standards. However,the theDistrict District can, can, at at its sole standards. However, discretion, identify methodologies to aid non-compliant discharges in meeting water quality standards, but not not limited to, establishing standards, including but a rotating block system to cycle cycle available available drainage drainage operating operating times. 8.2.8 InInthe theevent eventthat thatthe theDistrict Districtconcludes concludes that that aa plan plan of of operation, or suitable 8.2.8 best management practices are not available to to improve improve the water quality of the discharges, the discharger will not be allowed to discharge into the Districtâ€™s system. District's 8.2.9 IfIfatatthe theend endofofthe theinitial initialvariance, variance, or or any any extension extension thereof, the water 8.2.9 does not meet standards, the discharge must must cease immediately. SECTION 9: IRRIGATION REGULATIONS REGULATIONS SECTION 9: IRRIGATION
AUTHORITY OF GENERAL MANAGER TO ADOPT REGULATIONS: The General Manager Manager isis authorized authorized to adopt adopt regulations to implement or supplement these rules.
REGULATION CONSTITUTES A VIOLATION OF THESE VIOLATION OF A REGULATION RULES: pursuantto toSection Section 9.1 9.1 shall constitute a A violation of aa regulation regulation duly adopted adopted pursuant violation of these rules.
SECTION 10: ENFORCEMENT OF SECTION 10: ENFORCEMENT OF IRRIGATION IRRIGATION RULES RULES AND AND REGULATIONS REGULATIONS TERMINATION DISTRICTWATER WATERDELIVERY DELIVERYFOR FOR FAILURE FAILURE TO 10.1 TERMINATION OFOF DISTRICT COMPLY WITH RULES OR REGULATIONS:
Failure or refusal of of any any landowner landowner or irrigator to comply with any of these rules or applicable regulations ("rules and regulations") shall be sufficient grounds grounds for terminating delivery of District water water to the lands of of such such landowner landowner or irrigator, water shall not again be furnished until the landowner landowner or or irrigator irrigator is in full and water compliance with all rules and regulations. rules and 10.2 NOTICE NOTICEAND ANDORDERS: ORDERS: 10.2
10.2.1 The The Water to issue issue aa 10.2.1 Water Distribution Distribution Department Department Manager Manager is is authorized authorized to Notice or irrigator irrigator the the Water Water Distribution Notice and and Order Order to to any any landowner landowner or Distribution Department Manager determines determines is is in in violation violation of of any Department Manager any rule rule or or regulation. regulation. An oral warning may may be be issued issued in in lieu lieu of of aa Notice An oral or or written written warning Notice and and Order. Order. 10.2.2 The The Notice Order shall shall contain contain aa brief brief description of the 10.2.2 Notice and and Order description of the alleged alleged violation, aa statement of the violation, statement of the action action to to be be taken taken by by the the landowner landowner or or irrigator, and an explanation explanation that a written appeal must must be be filed filed within irrigator, and an that a written appeal within ten ten (10) (10) calendar calendar days days of of the the date date of of service service of of such such Notice Notice and and Order Order or or the the person waives all person waives all rights rights to to aa hearing hearing on on the the matter. matter. 10.3 RED REDTAGS: TAGS: 10.3 10.3.1 The The Water 10.3.1 Water Distribution Distribution Department Department Manager Manager is is authorized authorized to to immediately terminate the delivery of District water to a parcel immediately terminate the delivery of District water to a parcel under under any any one of of the one the following following circumstances: circumstances: 10.3.1.1 IfIfthe theland landororirrigation irrigationfacility facilityin inquestion questionis is in in such such aa condition condition so so 10.3.1.1 as to to any any person, person, to to the as to make make it it immediately immediately dangerous dangerous to the public, public, or to including but but not not limited limited to to the the flooding flooding of of or to any any property, property, including property; property; 10.3.1.2 IfIfthe thelandowner landownerororirrigator irrigatorhas hasfailed failed to to comply comply with with aa prior 10.3.1.2 prior District to the the same same or or District Notice Notice and and Order Order or or warnings warnings pertaining pertaining to similar problem; similar problem; 10.3.1.3 Such Suchother othercircumstances circumstances as as described described in in regulations regulations adopted by 10.3.1.3 adopted by the General Manager pursuantto toSection Section 9.1. 9.1. the General Manager pursuant 10.3.2 Notice Notice of of the the delivery delivery of of District 10.3.2 of an an immediate immediate termination termination of District water water shall shall be by with aa Red Red Tag. Tag. be by service service of of aa Notice Notice and and Order Order with 10.3.3 When When aa Red Red Tag Tag is is issued, issued, the the TID TID Board 10.3.3 Board of of Directors Directors will will be be notified notified at at the next TID TID Board the next Board of of Directors Directors meeting. meeting. 10.4 SERVICE SERVICEOF OFNOTICE NOTICEAND ANDORDERS ORDERSAND ANDRED RED TAGS: TAGS: 10.4 Each or Each Notice Notice and and Order Order and and Red Red Tag Tag shall shall be be served served upon upon the the landowner landowner or irrigator either either personally personally or or by by regular mail to irrigator regular mail to each each such such landowner landowner or or irrigator irrigator at the address indicated in the District's records. Service by mail shall be at the address indicated in the District's records. Service by mail shall be effective on The Red Red Tag Tag may on the the affected affected effective on the the date date of of mailing. mailing. The may also also be be posted posted on land or irrigation irrigation facility. facility. land or
10.5 COMPLIANCE COMPLIANCEWITH WITHNOTICE NOTICEAND ANDORDERS ORDERSAND ANDDECISIONS: DECISIONS: 10.5 10.5.1 A A Notice Order becomes becomes final 10.5.1 Notice and and Order final if if aa written written appeal appeal is is not not filed filed within within ten (10) calendar The ten (10) calendar days days of of the the date date of of service service of ofsuch suchNotice Noticeand andOrder. Order. The General Manager's Managerâ€™s decision decision becomes becomes final final if if aa written appeal to to the the TID TID General written appeal Board the (10) (10) calendar of the date of of Board of of Directors Directors is is not not filed filed within within the calendar days days of the date service of The TID TID Board Board of of Directors becomes final service of the the decision. decision. The Directors decision decision becomes final on the day the the decision decision is on the day is issued. issued. 10.5.2 After After aa Notice Notice and Order or or aa decision decision of of the General Manager 10.5.2 and Order the General Manager or or of of the the TID Board TID Board of of Directors Directors has has become become final, final,no noperson person to to whom whom any any such such order or or decision decision is is directed directed shall shall fail, fail, neglect, neglect, or order or refuse refuse to to obey obey any any such such order or or decision. decision. order 10.5.3 If, If, after or decision 10.5.3 after an an order order or decision has has become become final, final, the the person person whom whom such such order or or decision decision is is directed directed fails, fails, neglects, order neglects, or or refuses refuses to to comply comply with with such such order or decision, the District may refuse to furnish water to the land order or decision, the District may refuse to furnish water to the land in in question and the District District may question and the may institute institute any any other other appropriate appropriate action action under under these these rules rules or or applicable applicable law. law. 10.5.4 Whenever Whenever any any ordered ordered action action or or repair repair is is not not commenced commenced within within seven seven (7) (7) 10.5.4 calendar days days after after any any order order or or decision decision has has become become final final or or is is not calendar not pursued with sufficient sufficient diligence diligence to action or pursued with to enable enable the the ordered ordered action or repair repair to to be completed within the the time time established established for for compliance, compliance, the the Water Water be completed within Distribution Department Manager Manager may mayissue issueaaRed Red Tag Tag if if aa Red Red Tag Distribution Department Tag has has not already already been been issued. not issued. 10.6 APPEALS APPEALSOF OFNOTICE NOTICEAND ANDORDERS ORDERSAND ANDRED RED TAGS: TAGS: 10.6 10.6.1 Any Any landowner or irrigator Red 10.6.1 landowner or irrigator affected affected by by the the Notice Noticeand andOrder Orderand/or and/or Red Tag may Tag may file file an an appeal. appeal. 10.6.2 When When aa Notice is issued Red Tag, 10.6.2 Notice and and Order Order is issued without without aa Red Tag, aa written written appeal appeal must be filed filed with the General General Manager Manager within within ten ten (10) (10) calendar days of of must be with the calendar days the date of of service waives all all the date service of of such such Notice Notice and and Order Order or or the the person person waives rights to to aa hearing on the the matter matter by by the the General General Manager Manager and and the the TID TID rights hearing on Board The General Board of of Directors. Directors. The General Managerâ€™s Manager's decision decision may may be be appealed appealed to to the TID Board the TID Board of of Directors. Directors. 10.6.3 When When aa Notice is issued with aa Red Red Tag 10.6.3 Notice and and Order Order is issued with Tag and and water water delivery delivery is is terminated, written appeal appealmust mustbe befiled fileddirectly directlywith withthe theTID TID Board Board of of terminated, aa written Directors within ten (10) calendar days of the date of service of such Directors within ten (10) calendar days of the date of service of such
Notice and Order or the person waives all rights to a hearing on the matter. 10.6.4 If the final decision requires 10.6.4 requires compliance compliance with with the the Notice Notice and and Order or any portion thereof and delivery of water is terminated terminated to the land in question for failure to comply with with the Notice Notice and and Order, Order, no further appeal is landowner or or irrigator irrigator must must fully fully comply with the Notice allowed and the landowner Order and and with with all all rules rules and and regulations regulations before before water will be and Order delivered.
GOVERING RULES OF THE TURLOCK IRRIGATION DISTRICT IMPROVEMENT DISTRICTS CONTENTS
Preamble ................................................................................. 24 24 1
24 Definitions .............................................................................. 24
Improvement District Formation ............................................ 25 25
Improvement District Inclusion .............................................. 28 28
Improvement District Dissolution .......................................... 29 29
Improvement District Abandonment ...................................... 29 29
Improvement District Committee ........................................... 32 32
Improvement District Meetings .............................................. 32 32
32 Voting at Improvement District Meetings .............................. 32
33 Work Authorization Procedure ............................................... 33
Improvement District Funds ................................................... 34 34
Improvement District Expenditures........................................ 34 Expenditures 34
34 Assessment for New Purposes ................................................ 34
REVISED JUNE 2, 2009
GOVERING RULES OF THE TURLOCK IRRGATION DISTRICT IMPROVEMENT DISTRICTS PREAMBLE These rules are established to govern the formation, operation and maintenance of Improvement The formation, formation, inclusion of additional lands and Districts within the Turlock Irrigation District. District. The dissolution of improvement districts, and the approval and levying of improvement district assessments, are governed by Water Code Sections 23600 et seq., California Constitution Articles XIIIC and XIIID and the Proposition 218 Omnibus Implementation Act, Government Code Sections 53750, et seq. SECTION 1: 1: DEFINITIONS DEFINITIONS The following words have the following meanings: “Agricultural Parcels” "Agricultural Parcels" are undeveloped parcels that are not urban parcels.
“Authorized Representative” "Authorized Representative" is a person who is designated by a landowner or landowners to act on behalf of the landowner or landowners on TID improvement district All references references in in these these Rules to "landowner" “landowner” or "landowners" “landowners” shall be matters. All understood to include their authorized authorized representatives. representatives. Each authorized representative must be identified and certified as to the scope of the the representative’s representative's authority on a form Authorized representatives representatives may may be be asked to confirm their status when approved by TID. Authorized submitting official voting ballots on behalf of a landowner or landowners. "Committee" “Committee” means Improvement District Committee. “General Manager” "General Manager" means the General Manager or his authorized representative. "Irrigation Districts" convey irrigation water for agricultural production “Irrigation Improvement Districts” through facilities owned by the improvement district. “Landowner” means an owner or owners of a parcel of land whose name(s) and "Landowner" address(es) appear on the current TID improvement district assessment roll maintained by the TID Assessor, or in the case of any public entity, the State of California, or the United States, means the representative of that public entity at the address of that entity known to the TID Assessor. “Official Meeting” "Official Meeting" is a meeting which is called by the TID giving notice to the improvement district members whose names and addresses are listed on the current assessment roll. “O & & M" M” means Operation and Maintenance. "0
“TID” means Turlock Irrigation District. "TID" “TID Facility” "TID Facility" means any Turlock Irrigation District irrigation facility. “Urban Parcel” "Urban Parcel" is a parcel of land within the boundaries of a municipal or industrial water system. “Non-Urban Parcel” "Non-Urban Parcel" is a developed parcel that is used exclusively for non-agricultural purposes. IMPROVEMENT DISTRICT DISTRICT FORMATION SECTION 2: IMPROVEMENT 2.1
Improvement districts may be formed to construct and maintain facilities on behalf of its They may may also also be be formed formed to to acquire acquire and and maintain existing private facilities. members. They In either case, the formation process consists of several steps that require approximately four (4) months to complete. These steps include preparing a petition for formation, petition and easement signature, report of survey, preparation of estimated assessment Once the the improvement improvement district district is is formed, formed, the members will be and a public hearing. Once assessed for construction, operation and maintenance costs on a per acre basis. 2.1.1
Proposition 218 Governs Voting: All votes, approvals and consents of landowners that relate to the formation of an improvement district or the levy of a new or increased per-acre assessment must be based upon a “per "per acre” acre" vote, i.e., one acre = one vote.
Formation for construction. Landowners request the TID to form an improvement district to construct the facilities. Once Once the the improvement improvement district is formed, the TID will prepare the construction plans and specifications and arrange for construction of the facilities. When When construction construction is is complete, complete, the the TID TID will issue improvement district TIDwill will issue issue assessments assessments on on all all lands lands within within the improvement district to pay warrants. TID the warrants and future operation and maintenance costs.
Formation by acquisition. The TID can form improvement districts for the purpose of Persons interested interested in in forming an improvement acquiring existing private facilities. Persons district for this purpose should contact TID’s Water Distribution Department. TID's
In order to form an improvement district there must be at least two separate parcels under different ownership.
Property that benefits from the improvement district’s district's facilities shall be included in the improvement district.
Improvement districts shall acquire and maintain common facilities serving more than one parcel.
The improvement district must obtain all necessary easements for TID and improvement
The easements easements shall shall conform conform to to TID TID standards and requirements. district facilities. The Improvement districts shallbebeformed formedusing usingthe thefollowing following process: process: 2. 8 Improvement districts shall 2.8.1
Persons wishing to form an improvement district must first submit a petition to TID’s Water Water Distribution Distribution Department Department requesting that an improvement district TID's be formed. 220.127.116.11
Prior to submitting a petition, persons wishing to form an improvement district should meet with TID's Water Distribution Department to discuss the need and the feasibility of the proposed improvement district as well as the formation process.
Petitions must contain the signatures of the landowners who own at least two-thirds of the acres proposed for inclusion within the improvement district and must be in a form approved by TID.
Afterthe thepetition petitionisissubmitted submittedtotoTID, TID,the theTID TIDwill willprepare prepare aa detailed detailed engineer's 2.8.2 After report analyzing the feasibility and costs of forming the improvement district, including the costs of constructing any facilities. Afterthe theengineer's engineer'sreport reportisisprepared, prepared,TID TIDwill willset setaa date date to to hold hold aa public hearing 2.8.3 After before the TID Board of Directors to determine whether the improvement district should be formed and whether an assessment should be levied on the property within the improvement district. Notless lessthan than4545days daysprior priortotothe thepublic publichearing hearingupon upon the the formation formation and the 2.8.4 Not proposed assessment, TID will send all landowners of the lands within the proposed improvement district the detailed engineer’s engineer's report and a ballot on which they can indicate their support or opposition to the proposed assessment. 18.104.22.168
The ballots must be returned to TID before the end of the public hearing on the improvement district.
At the conclusion of the public hearing the Secretary or Clerk of the Board, or any other person designated by the TID Board of Directors as an impartial person who does not have a vested interest in the outcome of the proposed formation and assessment, shall tabulate the ballots submitted, and not withdrawn, in support of or opposition to the proposed formation formation and and assessment. assessment. Each landowner’s landowner's vote will be based upon the number of acres owned, i.e., one acre = one vote. For example, a landowner owning 100 acres would be entitled to 100 ½ acre would be entitled to 1/2 ½ votes and another landowner owning 1/2 Inthe the event event that that more more than than one one of of the record owners of an vote. In identified parcel submits a ballot, then that ballot shall be counted in accordance with Government Code Section 53753(e)(1) or its
successor statute. thepublic publichearing hearingon onthe theformation formationofofthe theimprovement improvement district, district, the TID Board 2.8.5 AtAtthe of Directors will consider whether to form the improvement district.
At the public hearing, the TID Board of Directors shall consider all protests against the proposed formation and assessment and tabulate The TID TID Board Board shall shall not not form form the the improvement district the ballots. The and impose an assessment assessment if if aa majority majority protest protest exists. exists. A majority protest exists if, upon the conclusion of the hearing, the votes submitted in opposition to the formation and assessment exceed the votes submitted in favor of the formation and assessment.
The TID Board of Directors may form the improvement district and impose the assessment if a majority protest did not result from the balloting.
Additional Irrigation Improvement District Formation Requirements 2.9.1
Engineering services. Prior to constructing irrigation facilities, the irrigation improvement district shall obtain qualified engineering assistance to provide the following services: 22.214.171.124
Irrigation study. Cropping types, acreages and water needs shall be studied to determine the feasibility of providing the intended irrigation service.
Field survey. The grades and alignment of proposed irrigation facilities shall be established, along with the boundaries of the proposed irrigation improvement district.
Design. The engineer shall provide a system design consisting of a complete set of plans showing facility design and specifications, and operation and maintenance information. information. The design must be done in accordance with engineering standards provided by the TID, or other accepted industry standards.
Construction survey and inspection. The engineer shall provide adequate horizontal and vertical vertical control control for for system system installation. installation. In addition, the engineer must provide certification that the system was installed as designed.
All petitions to form new improvement districts by acquisition must be submitted to the TID no later than May 1 of the year preceding the assessment year the proposed formation is to become effective. The assessment assessment year runs from September 1st 1st to effective. The st 31 . August 31st.
All petitions to form new improvement districts by construction must be submitted to TID with sufficient lead time to allow for the following: approximately four (4) months to form the improvement district; time to construct the facilities after the improvement district has been formed; plus an additional eight (8) weeks to finalize the costs and set In some some instances, instances, this this would require the petition to be the assessment by October 1st. In 1st deadline to allow for the construction of the submitted the year prior to the October 1st facilities to occur during the non-irrigation season.
Upon formation new improvementdistricts districtscontaining containingfacilities facilities owned owned by 2.12 Upon formation of of new improvement Improvement District No. 52, the Delhi State Land Settlement, ownership of those Improvement District No. 52 facilities shall be transferred to the new improvement district. SECTION 3: IMPROVEMENT IMPROVEMENT DISTRICT DISTRICT INCLUSION 3.1
Inclusions of property into an improvement district must be done in accordance with provisions of the California Water Code Code and and the the California California Constitution. Constitution. The inclusion process consists of several steps that require approximately three (3) months for completion. These These steps steps include include preparing preparing aa petition petition for inclusion, petition signature, feasibility report and a public hearing. The owners owners requesting requesting inclusion must sign the hearing. The petition and ballot. Once Once the the property property is is included included in in the the improvement district, the property within the improvement district will be assessed for the construction, operation and maintenance costs on a per acre basis.
The requesting landowners must obtain all necessary easements for TID and The easements easements shall conform to TID standards and improvement district facilities. facilities. The requirements.
The owner of the including parcel will be required to pay the following amounts prior to finalized: the inclusion being fmalized:
The current TID Board of Director approved fee for processing the inclusion.
For parcels that were not previously in the improvement district, the cost of the original construction and/or formation as well as the cost of major improvements or construction subsequent to the formation.
For parcels that were previously in the improvement district, all operation, maintenance and construction costs incurred by the improvement district subsequent to the parcel abandoning from the improvement district.
Any other charge the TID Board of Directors deems appropriate.
All petitions to include into improvement districts must be submitted to the TID no later
15th of the year preceding the year the proposed inclusion is to become than June 15th effective. IMPROVEMENT DISTRICT DISTRICT DISSOLUTION SECTION 4: IMPROVEMENT 4.1
Dissolution of an improvement district must be done in accordance with the provisions of The dissolution dissolution process process consists consists of several steps that require the California Water Code. The These steps may include preparing a approximately two (2) months for completion. completion. These petition, petition signature and a public hearing.
An improvement district may be dissolved prior to incurring any indebtedness or upon full payment of all indebtedness.
Dissolution of an improvement district may be initiated by the General Manager or members submitting a petition requesting the improvement district be dissolved. 4.3.1
Petitions to dissolve an improvement district must be in a form approved by the TID and must contain the signatures of at least two-thirds of the landowners in the improvement district.
Upon the request of the General Manager or upon receipt of the petition, the TID Board of Directors will set a time for a public hearing to consider the dissolution of the improvement district.
In any case in which the TID Board of Directors has by resolution determined that all indebtedness of the improvement district has been paid and the improvement for which the improvement district was formed no longer exists or is no longer operational, the TID Board of Directors may order the improvement district dissolved without a hearing.
SECTION 5: IMPROVEMENT IMPROVEMENT DISTRICT DISTRICT ABANDONMENT 5.1
The following procedures shall apply to all improvement district abandonments: 5.1.1
Subject to the abandonment rules, any landowners of parcels within improvement districts may make a request to the TID Board of Directors to The General General Manager may, on his own abandon out of an improvement district. district. The initiative, request the TID Board of Directors to have a parcel abandon out of an improvement district.
Upon receipt of an abandonment request or at the time of the General Manager's request to the TID Board of Directors, the TIDâ€™s TID's Water Distribution Department shall prepare and present to the TID Board of Directors a report on the feasibility of the abandonment and impacts of the abandonment on the parcels remaining within the improvement district.
When parcels are allowed to abandon, all valves must be sealed or facilities removed and all prior year, current year, construction assessments and any other obligations payable out of the assessment which are a lien on the property shall be paid. 126.96.36.199
discretion parcels defined in Rules 5.2.1 and 5.2.2 may At the TIDâ€™s TID's discretion be allowed to abandon from an improvement district without the payment of outstanding outstanding O 0 & M assessments or or fees. fees. However, no such exemption from fees shall be allowed unless all of the following conditions are met: 188.8.131.52.1 The Theparcel parcelhas haspaid paidininfull fullall alloutstanding outstanding construction construction 184.108.40.206.1 Construction includes, includes, but is not limited assessments or fees. Construction to, lining or piping conveyance facilities and building or replacing wells. 220.127.116.11.2 The Theparcel parceldoes doesnot nothave haveany anyaccess access to to receive receive water 18.104.22.168.2 from any improvement improvement district district facility. facility. A parcel is considered to have access to receive water when District water can be conveyed to the land by valve, gate, pump, ditch, pipe or other means as determined by TID. 22.214.171.124.3 The Theabandonment abandonmentwill willnot notresult result in in aa materially materially 126.96.36.199.3 significant increase in existing existing or or future future O 0&M assessments to other parcels in the improvement district or adversely impact the operation and maintenance of the improvement district district facility. facility. What constitutes a materially significant increase shall be determined solely by TID. Theabandonment abandonmentand andexemption exemptionfrom from payment payment of fees 188.8.131.52.4 The are found to be in the best interest of the District.
Abandoning parcel Abandoning parcel owners owners shall shall be be required required to grant easements easements to the TID for any improvement improvement district adjacent to their their property property (e.g., (e.g., any district facilities facilitieson on or or adjacent pipelines, ditches, and pumps).
The TID Board of Directors may prescribe any conditions upon the Such conditions may include, but abandonment of the land that is deemed deemed just. just. Such are not limited to, the requirement to pay a per acre charge to the improvement district to mitigate any significant adverse financial impacts on the improvement district caused by the abandonment of the land from the improvement district's assessment base. 184.108.40.206
For abandonments from Improvement District 52, the Delhi State Land Settlement, a fee of not less than $25 per acre nor more than
$50 per acre shall be imposed on each parcel abandoning from The actual fee will be determined Improvement District No. No. 52. 52. The based upon the number of petitions to form new improvement districts compared to the number of remaining improvement districts to be formed within Improvement Improvement District District No. No. 52. 52. The abandonment fee shall be included in the following yearâ€™s year's improvement district O&M assessment or shall be paid as a fee if the requesting owner is not including in another improvement improvement district. district. Proceeds from the abandonment fee shall be credited to the O&M account of Improvement District No. 52. 5.1.6
All petitions to abandon from improvement districts must be submitted to the 15th of the year preceding the year the proposed TID no later than June 15th abandonment is to become effective.
Irrigation Improvement Districts. The following parcels may abandon from irrigation improvement districts: 5.2.1
Urban parcels of five acres or less
Non-urban parcels 220.127.116.11
Non-urban parcels less than or equal to one acre shall be permitted to abandon.
Non-urban parcels greater than one acre that are developing or are completely developed shall be permitted to abandon.
5.2.3 Agricultural Agricultural parcels shallbebepermitted permittedtotoabandon abandonprovided provided that that the the parcel parcels shall receives or is entitled to receive District surface water either through privately owned facilities or through facilities of another improvement district. 5.3
Pump Improvement Districts. Before abandonment is permitted, the TID Board of Directors shall make a determination that the abandonment will not have an adverse effect on the remaining pump improvement district parcels.
Drainage Improvement Districts. Before abandonment is permitted, the TID Board of Directors shall make the determinations that (1) the abandonment will not have an adverse effect on the remaining drainage improvement district parcels, and (2) the abandoning parcels do not benefit directly or indirectly from the improvement district facilities.
IMPROVEMENT DISTRICT DISTRICT COMMITTEE SECTION 6: IMPROVEMENT
The California Water Code provides that the TID Board of Directors is the sole governing body with regard to the management management of of the the improvement improvement district. district. The Improvement District Committee serves as an advisory body to the TID Board of Landowners within within an an improvement improvement district district have the option of forming a Directors. Landowners Committee; Committees are not required.
The Committee officers of the improvement district are a president, a vice president and a secretary.
The officers will be elected by the landowners within the improvement district at a noticed meeting of the improvement district and will serve until new officers are elected. Election may be held every three years. There is is no no limit limit on the number of successive years. There The Committee's Committee's secretary secretary will certify a roster of officers terms an officer may serve. The within thirty (30) days after the election of Committee officers on the TID established form.
SECTION 7: IMPROVEMENT IMPROVEMENT DISTRICT MEETINGS 7.1
Improvement district meetings are noticed meetings for all landowners within the improvement district. ItIt isis recommended recommended that that each each improvement district hold a meeting at least once every three (3) years.
A meeting for any purpose relating to the improvement district may be called at any time by the Committee (if any), by ten percent (10%) of the landowners in number or by the TID.
All requests for improvement district meetings shall be made made to to the the TIDâ€™s TID's Water Distribution Department. The The TID TID will will give give notice notice to the landowners within the improvement district whose names and addresses are listed on the then current improvement district assessment assessment book book maintained maintained by by the the TID TID Assessor. Assessor. The notice will include an agenda with proposed TID staff recommendations and actions for consideration at the meeting.
SECTION 8: VOTING VOTING AT AT IMPROVEMENT IMPROVEMENT DISTRICT MEETINGS 8.1
This Section 8 applies to voting at improvement district meetings called pursuant to Section 7. This This section section shall shall not not apply apply to to any any voting voting required by California Constitution Articles XIIIC or XIIID or any applicable statutes.
Each landownerâ€™s vote will will be based upon the number of acres owned, i.e., one acre = landowner's vote If there there is more than one landowner of a one vote, within the improvement improvement district. district. If parcel within the improvement district and the landowners disagree on how they should vote on an issue, then their respective votes shall be apportioned in accordance with their percentage ownership of the parcel and and the the number number of of acres acres within within the the parcel. parcel. For
example, Landowner X owns a 60% interest in a 100-acre parcel and Landowner Y owns Landowner X X would would get 60 votes and Landowner Y a 40% interest in the same parcel. Landowner When two two or or more more persons persons are landowners (for example, husband would get 40 votes. When and wife or brothers and sisters) of the same parcel of land within the improvement district and the parcel consists of only one acre or less, then all the landowners of the parcel combined may only cast one vote. 8.3
Every landowner entitled to vote will have the right to do so either in person or by an authorized representative.
Landowners present at the meeting will be given the opportunity to discuss, comment on and vote vote on on any any matter matter before before the theimprovement improvement district district meeting, meeting, including, including, but but not not and limited to, any recommendations and actions proposed by TID staff in the noticed agenda for the meeting.
Landowners are encouraged to attend attend all all improvement improvement district district meetings. meetings. Failure to attend and vote will be considered by the TID as the non-attending landowners acquiescing in any action or non-action on any issue at a meeting, including, but not limited to, approval of any recommendation and/or action proposed by TID staff.
WORK AUTHORIZATION AUTHORIZATION PROCEDURE SECTION 9: WORK 9.1
Any person requesting work on improvement district facilities must contact the TID's Improvement District Trouble Trouble Shooter Shooter (IDTS). (IDTS). The IDTS will schedule a field meeting to review the requested work and initiate the work order process.
Any work affecting an improvement district facility must first be reviewed and approved by the TID.
The TID will establish an annual operation and maintenance budget for each improvement district based on past maintenance history.
The TID will review and may approve any request for work that has an estimated cost at O& & M budget. Requests Requests for for work work that for reasons or below the improvement improvement districtâ€™s district's 0 of safety, security or operation are classified as emergencies may be approved regardless of budget considerations.
The TID will raise the improvement &M M budget budget as as required to cover the improvement districtâ€™s district's O 0& & M work which exceed the current budget. The members of the estimated costs for for O 0& budget. The improvement district will be notified notified by by mail mail that that their their budget budget isis being being raised. raised. If so requested, the TID will call a meeting of the improvement district to discuss the proposed work.
If the TID approves the request, TID will either do the work or provide for the outside Allapproved approved requests requests must must be be completed completed in in conformance with applicable TID services. All
Itemized invoices invoices and and other other documentation documentation of work actually performed, requirements. Itemized signed by two improvement district members, must be submitted to the TID before payment will be made for any outside services. 9.7
This procedure covers all work affecting improvement district facilities.
SECTION 10: IMPROVEMENT IMPROVEMENT DISTRICT FUNDS funds collectedforforororononbehalf behalfofofthe theimprovement improvementdistrict districtmust must be be deposited deposited with 10.1 AllAll funds collected the TID. charges assessmentstotobebelevied leviedon onthe theimprovement improvementdistrict district must must be be approved by 10.2 AllAll charges oror assessments the TID Board of Directors. disbursementsofofimprovement improvementdistrict districtfunds fundswill willbe bemade made by by the the TID. 10.3 AllAll disbursements Funds improvementdistrict's district'sO&M O&Maccount accountshall shallremain remainin in the the account account unless and 10.4 Funds in in thethe improvement until disbursement of funds is requested by vote of the Committee or upon request of the landowners owning more than a majority of the acres within the improvement district. Funds shall be disbursed in accordance accordance with with Water Water Code Code Section Section 24529. 24529. Landowners who are entitled to any disbursements shall be conclusively determined by the TID Assessor based upon the TID improvement district assessment book current at the time the distribution is made, with unknown and fictitiously named owners being disregarded. SECTION 11: IMPROVEMENT IMPROVEMENT DISTRICT DISTRICT EXPENDITURES Administrative, engineering, operation and maintenance costs incurred on behalf of an improvement district shall be charged to the improvement district. ASSESSMENT FOR FOR NEW PURPOSES SECTION 12: ASSESSMENT Whenever it is desired to do additional new work, significantly replace existing improvement district facilities or acquire additional facilities or property, upon the petition of landowners owning at least a majority of the acres within the existing improvement district, an additional assessment may be levied so long as a vote is conducted in the same manner as for an original assessment under Section 2 of these Rules and a majority protest did not not result result from from the the balloting. balloting. The formation of a new The petition petition must must be in a form approved by TID. improvement district is not required. required. The
III. RULES FOR THE FORMATIONAND ANDOPERATION OPERATION OF OF III. RULES FOR THE FORMATION PUMP IMPROVEMENT IMPROVEMENT DISTRICTS DISTRICTS PUMP CONTENTS CONTENTS SECTION SECTION
TOPIC PAGE TOPIC PAGE Preamble Preamble.................................................................. 36 36
Definitions Definitions ............................................................... 36 36
Pump 37 Pump Formation Formation Requirements Requirements ............................. 37
Pump Use Approval Approval and 37 Pump Use and Charges Charges .......................... 37
Collection 38 Collection and and Disbursement Disbursement of of Funds Funds .................. 38
39 Operational 39 Operational Requirements...................................... Requirements
39 Water Quality Quality Requirements.................................. 39 Water Requirements
Pump Improvement District District Committee Committee Pump Improvement Responsibilities ....................................................... 39 Responsibilities 39
Rental to the the TID TID .................................................... 40 40 Rental to
Other Applicable Rules 40 Other Applicable Rules ........................................... 40
RULES FOR FOR THE THE FORMATION FORMATION AND OPERATION OF RULES AND OPERATION OF PUMP IMPROVEMENT IMPROVEMENT DISTRICTS DISTRICTS PUMP PREAMBLE PREAMBLE The purpose for for Pump Pump Improvement Improvement Districts Districts is is to to provide provide deep-well deep-well The primary primary purpose irrigation water water to to improvement improvement district district members members as as part partof of aa conjunctive conjunctive use irrigation use program to supplement the supply supply of of surface surface gravity gravity water water provided provided by by the the Turlock Turlock program to supplement the Irrigation District Pump Irrigation District (TID). (TID). These These rules rulesprovide provide operating operating rules rulesspecifically specifically for for Pump Improvement Districts and are supplemental to the Governing Rules of Turlock Improvement Districts and are supplemental to the Governing Rules of Turlock Irrigation District Districts. Irrigation District Improvement Improvement Districts. SECTION 1: DEFINITIONS SECTION 1: DEFINITIONS The following words have have the the following meanings: The following words following meanings: “O & & M" M” means Operation & & Maintenance. "0 means Operation Maintenance. means the the remaining months of ofthe the year year that that are are not “Off Season” remaining six six (6) (6) months not On On "Off Season" means Season. Season. “Official Meeting” a meeting meeting which which is is called called by by the TID giving giving notice is a the TID notice to to the the "Official Meeting" is improvement district improvement district members members whose whose names names and and addresses addresses are are listed listed on on the the current assessment assessmentroll, roll, pursuant pursuanttotoSection Section77of of the theGoverning Governing Rules Rules of of current Turlock Irrigation Irrigation District District Improvement Districts. Turlock Improvement Districts. “On Season” the calendar calendar period period of of six "On Season" means means the six consecutive consecutive months months that that pump pump owners will will receive This period period will will be be from from April April owners receive aa connected connected load load charge. charge. This th unless 1st through 1St through September September 30 30th unless otherwise otherwise specified specified by by the the Pump Pump Improvement District District Committee. Improvement Committee. “Parcels within Pump Improvement Improvement District" District” means all those those parcels parcels of of "Parcels within the the Pump means all land that are are within within the theestablished establishedboundary boundary of of the the Pump Pump Improvement Improvement land that District. District. “Parcels outside Pump Improvement Improvement District" District” means all parcels parcels of of land "Parcels outside the the Pump means all land not the established established boundary boundary of of the Pump Improvement Improvement District. not within within the the Pump District. “Pump Improvement Committee” -- The officers are "Pump Improvement District District Committee" The Committee Committee officers are a a president, vice president and a secretary elected and serving pursuant to president, vice president and a secretary elected and serving pursuant to Section Section 66 of of the the Governing Governing Rules Rules of ofTurlock TurlockIrrigation Irrigation District District Improvement Improvement Districts. Districts. means any any Turlock Irrigation District District irrigation “TID Facility” Turlock Irrigation irrigation facility. facility. "TID Facility" means 37
SECTION PUMPFORMATION FORMATION REQUIREMENTS REQUIREMENTS SECTION 2: 2: PUMP 2.1 2.1
Engineering services. services. Prior and pumping the Engineering Prior to to constructing constructing well well and pumping facilities, facilities, the pump obtain qualified qualified engineering pump improvement improvement district district shall shall obtain engineering assistance assistance to to provide the following services: provide the following services: 2.1.1 Groundwater for pumping pumping 2.1.1 Pumping records records and and well well logs logs for Groundwater study. study. Pumping facilities shall be be examined examined to potential for for facilities in in the the area area shall to determine determine the the potential construction of Locations of of existing construction of aa well well and and pump pump in in the the area. area. Locations existing wells in the area shall be determined and the new location chosen to wells in the area shall be determined and the new location chosen to minimize interference interference with with other other pumping minimize pumping facilities. facilities.
2.1.2 Aquifer investigation. A study 2.1.2 Aquifer investigation. A study to to determine determine soil soil structure structure and and potential ground water water yield yield shall shall be be conducted conducted to to enable enable the the design design of of potential ground the system. the system. 2.1.3 Field 2.1.3 survey. The and alignment alignment of of proposed proposed pumping Field survey. The grades grades and pumping and and discharge along with the boundaries boundaries of of discharge facilities facilities shall shall be be established established along with the the proposed pump the proposed pump improvement improvement district. district. 2.1.4 Design. 2.1.4 Design. The shall provide provide aa system system design design consisting consisting of of a The engineer engineer shall a complete set of plans complete set of plans showing showing system system location, location, casing casing size size and and perforations, specifications, and perforations, pump pump design design and and specifications, and operation operation and and maintenance information. The The design design must mustbe be done done in in accordance accordance with maintenance information. with engineering standards provided by the TID, or other accepted industry engineering standards provided by the TID, or other accepted industry standards. standards. 2.1.5 Construction 2.1.5 The engineer shall provide provide Construction survey survey and and inspection. inspection. The engineer shall adequate horizontal and adequate horizontal and vertical vertical control control for forsystem systeminstallation. installation. In In addition, the engineer must provide certification that the system addition, the engineer must provide certification that the system was was installed as as designed. designed. installed
Property that benefits benefits from from the the well well and and pump pump shall shall be be included included in pump Property that in the the pump improvement district. improvement district.
SECTION PUMP USE USEAPPROVAL APPROVAL AND AND CHARGES CHARGES SECTION 3: 3: PUMP 3.1 3.1
Approval to Use Use the the Pump Pump Approval to 3.1.1 No parcels of of land land within within the the pump pump 3.1.1 Noapproval approval from from TID TID is is required required for for parcels improvement district pump. improvement district to to use use the the pump. 3.1.2 Approval 3.1.2 Approval by by the the Pump Pump Improvement Improvement District District Committee Committee is is required required for for parcels parcels of of land land outside outside of of the the pump pump improvement improvement district district to to use use the the 38
pump. pump. 3.1.3 TheTID TIDmust mustalways alwaysapprove approveany anyuse useof of TID TID facilities facilities for for 3.1.3 The transportation of pump pump water water for for each each separate separate occasion. occasion. transportation of 3.2 3.2
Charges Charges -- On On Season Season 3.2.1 and Connected Connected Load Load charges charges will will be 3.2.1 Customer Customer and be paid paid by by all all the the members members of the of the pump pump improvement improvement district district on on aa per per acre acre basis basis through through the the annual O& &M M assessment. annual 0 assessment. 3.2.2 charges will will be of the 3.2.2 Electrical Electrical Energy Energy charges be paid paid by by the the user user of the pump. pump. 3.2.3 Additional Charges Charges as determined by by the Pump Improvement Improvement District 3.2.3 Additional as determined the Pump District Committee Committee will will be be paid paid by by the the user. user.
Charges Off Season Charges -- Off Season 3.3.1 and Connected Connected Load Load charges charges will will be of the 3.3.1 Customer Customer and be paid paid by by the the user user of the pump. pump. 3.3.2 charges will will be of the 3.3.2 Electrical Electrical Energy Energy charges be paid paid by by the the user user of the pump. pump. 3.3.3 Additional Charges Charges as determined by by the Pump Improvement Improvement District 3.3.3 Additional as determined the Pump District Committee Committee will will be be paid paid by by the the user. user.
SECTION COLLECTION AND SECTION 4: 4: COLLECTION AND DISBURSEMENT DISBURSEMENT OF OF FUNDS FUNDS 4.1 4.1
The TID TID will will bill bill the the pump pump improvement improvement districtâ€™s district's O 0& monthly The &M M account account monthly for month. These Thesecosts costs include include energy energy costs, costs, for all all costs costs incurred incurred during during that that month. connected load charge, customer charge and any costs for maintenance work connected load charge, customer charge and any costs for maintenance work performed An electrical electrical service service performed on on the the facility facility by by TID TID or or outside outside contractors. contractors. An bill will improvement district member monthly. monthly. bill will be be sent sent to to the the designated designated improvement district member
The Improvement District District Committee Committee shall shall collect collect checks checks made The Pump Pump Improvement made payable to the appropriate TID improvement district for actual use of the payable to the appropriate TID improvement district for actual use of the pump. The in a a timely pump. The checks checks shall shall be be submitted submitted monthly monthly to to the the TID TID in timely manner. The in the the pump pump manner. TheTID TID will will then then deposit deposit the themoney money collected collected in improvement district's O& &M M account. account. The The TID TID will will deposit deposit those improvement district's 0 those funds funds generated from TID rental rental of pump into into the the pump pump improvement improvement district's district's generated from TID of aa pump O & M account. 0 & M account.
The TID TID will will bill bill the the pump pump improvement improvement district district members members on on aa per per acre acre basis basis The for &M M for all all unpaid unpaid bills, bills, including including electrical electrical charges, charges, annually annually through through O 0& assessments. assessments. 39
SECTION 5: OPERATIONAL REQUIREMENTS REQUIREMENTS SECTION 5: OPERATIONAL Temporary Suspension In the the event event it it becomes becomes Temporary Suspension of of Discharge Discharge Privileges. Privileges. In necessary water from from any any portion portion of of the necessary to to eliminate eliminate water the TID’s TID's irrigation irrigation system system affected by this pump improvement district for the purpose of repair, affected by this pump improvement district for the purpose of repair, maintenance, replacement, irrigation irrigation or or storm storm drainage drainage usage, usage, or or for for any maintenance, replacement, any other other purpose, purpose, the the TID TID may may temporarily temporarily turn turnoff off any any pump pump or or valve valve by by which which the pump’s water is discharged Unless it the pump's water is discharged into into the the TID’s TID's irrigation irrigation system. system. Unless it is is an emergency situation, the TID TID shall shall endeavor, endeavor, whenever whenever possible, possible, to to give give an emergency situation, the the pump improvement district at least seven (7) days prior notice before the pump improvement district at least seven (7) days prior notice before suspending any to this this section. section. suspending any discharge discharge privileges privileges pursuant pursuant to SECTION 6: 6: WATER WATER QUALITY QUALITY REQUIREMENTS SECTION REQUIREMENTS 6.1 6.1
Any discharges of of water water from from improvement improvement district district facilities Any discharges facilities into into TID TID facilities comply with facilities must must comply with all all local, local,state, state, federal federal and and TID TID water water quality quality standards. If If the the improvement improvement district fails to standards. district fails to meet meet these these requirements, requirements, the the improvement district must immediately immediately cease cease all all discharges discharges of of water improvement district must water into into TID facilities. facilities. TID
Prior approval required from the TID for the the improvement improvement district district Prior approval is is always always required from the TID for to the off-season off-season to to be be allowed allowed to to discharge discharge into into TID TID facilities facilities during during the to transport pump water water for for irrigation irrigation purposes. purposes. transport pump
Improvement are solely solely liable liable and and responsible responsible for for meeting Improvement districts districts are meeting and and complying with complying with all all local, local,state, state, and and federal federal regulation regulation of of water water quality quality and and subsurface pumping. Improvement districts districts agree agree to to indemnify, indemnify, defend defend and subsurface pumping. Improvement and hold the TID, TID, its its Board Board of of Directors, Directors, officers, officers, employees hold harmless harmless the employees and and agents agents against all liability, liability, claims, claims, damages damages and and costs costs (including (including reasonable against all reasonable attorneys fees) relating to the quality of water discharged by an improvement attorneys fees) relating to the quality of water discharged by an improvement district. district.
The discharged by The TID TID will will perform performwater water quality quality tests tests on on water water discharged by the the improvement district the construction construction of of its improvement district after after the its facilities facilities and and prior prior to to the the first discharge water into into the the TID facilities. The retest quality first discharge of of water TID facilities. The TID TID will will retest quality of of water periodically periodically at All water tests performed performed water at the the TID’s TID's discretion. discretion. All water quality quality tests under this section section will will be be part part of of the the 0O& &M M expenses expenses of of the improvement under this the improvement district. district.
SECTION 7: 7: PUMP PUMPIMPROVEMENT IMPROVEMENT DISTRICT DISTRICT COMMITTEE COMMITTEE SECTION RESPONSIBILITIES RESPONSIBILITIES 7.1 7.1
Committee physical access access to pump. Committee members members shall shall provide provide and and maintain maintain physical to the the pump.
Committee members members shall shall maintain maintain the Committee the pump pump in ingood good operating operating condition condition including including the the following: following: 7.2.1 Daily 7.2.1 Daily or or routine routine maintenance. maintenance. 7.2.2 The 7.2.2 Thecommittee committee shall shall maintain maintain aamaintenance maintenanceand andrepair repairlog log which which will will contain minimum information: information: contain the the following following minimum
18.104.22.168 Dates of of regular regular pump pump checks; checks; 22.214.171.124 Dates 126.96.36.199 Dates of regular pump maintenance; 188.8.131.52 Dates of regular pump maintenance; 184.108.40.206 Dates and and description description of of repair work. 220.127.116.11 Dates repair work. 7.3 7.3
Committee security of of the Committee members members shall shall be be responsible responsible for for the the safety safety and and security the pump installation installation and pump and operation operationincluding including the thefollowing: following: 7.3.1 Thepump pump shall shallbe be kept kept in in aasafe safe operating operating condition. condition. Any Any condition condition 7.3.1 The that constitutes aa safety safety hazard hazardshall shallbe be corrected corrected at at once. once. that constitutes 7.3.2 Adequate security security measures measures shall shall be be taken taken to to prohibit prohibit unauthorized 7.3.2 Adequate unauthorized access to, or operation of the pump. access to, or operation of the pump.
Committee be responsible responsible for for the recording of of pump Committee members members shall shall be the recording pump usage usage including including the the following: following: 7.4.1 Thecommittee committee shall shall provide provide instructions instructions for for use use of of the 7.4.1 The the pump pump to to the the pump pump improvement improvement district district members, members, or or other other authorized authorized user. user. 7.4.2 Thecommittee committee shall shall maintain maintain pump pump usage usage records records which which contain 7.4.2 The contain the the following minimum minimum information: information: following 18.104.22.168 User name; name; 22.214.171.124 User 126.96.36.199 Date and and time time pump pump turned on; 188.8.131.52 Date turned on; 184.108.40.206 Date and and time time pump pump turned turned off; off; 220.127.116.11 Date 18.104.22.168 Hours used. used. 22.214.171.124 Hours
SECTION RENTAL TO TO THE THE TID TID SECTION 8: 8: RENTAL Rental of the TID shall Rental of the improvement improvement district district pump pump to to the the TID shall be be by by written written agreement under the thecurrent currentTID TIDBoard Boardof of Directors Directors Resolution. Resolution. agreement under SECTION OTHER APPLICABLE APPLICABLE RULES SECTION 9: 9: OTHER RULES 9.1 9.1
Unless otherwise provided provided in these rules, rules, the theGoverning Governing Rules Rules of of Turlock Turlock Unless otherwise in these Irrigation District Irrigation District Improvement Improvement Districts Districts apply apply to to pump pump improvement improvement 41 41
districts. districts. 9.2 9.2
All maintenance repair work work done done on All maintenance and and repair on the the pump pump improvement improvement district district facilities shall the Governing Governing Rules Rules of of Turlock TurlockIrrigation Irrigation District District facilities shall follow follow the Improvement Approval for for repairs repairs can can be be obtained obtained by by contacting Improvement Districts. Districts. Approval contacting the Improvement District Trouble Shooter at the TID. the Improvement District Trouble Shooter at the TID.
IV. RULES FOR FOR THE THE FORMATION FORMATION AND OPERATION OF IV. RULES AND OPERATION OF SUBSURFACE DRAINAGE DRAINAGE IMPROVEMENT IMPROVEMENT DISTRICTS DISTRICTS SUBSURFACE CONTENTS CONTENTS SECTION TOPIC SECTION TOPIC
Preamble ...............................................................43 43 Preamble 1 1
Definitions 43 Definitions.............................................................43
Description of Description of Subsurface Subsurface Drainage Drainage 43 Improvement Districts (SDIS) (SDIS) .............................43 Improvement Districts
SDID Formation Formation Requirements Requirements ...........................43 43 SDID
44 Water Quality Quality Requirements Water Requirements ...............................44
45 Operational Operational Requirements Requirements ...................................45
Payment and Ownership Ownership Payment and of SDID Facilities Facilities .................................................45 45 of SDID
45 Other Applicable Rules Other Applicable Rules ........................................ 45
RULES FOR FOR THE THE FORMATION FORMATION AND OPERATION OF RULES AND OPERATION OF SUBSURFACE DRAIN DRAIN IMPROVEMENT IMPROVEMENT DISTRICTS DISTRICTS SUBSURFACE PREAMBLE PREAMBLE Subsurface improvement districts (SDIDs) are request of of Subsurface drainage drainage improvement districts (SDIDs) are formed formed at at the the request affected conditions affecting affected landowners landowners to to alleviate alleviate high high groundwater groundwater conditions affecting their their property. property. SECTION DEFINITIONS SECTION1: 1: DEFINITIONS The following words have have the the following meanings: The following words following meanings:
“SDID” means Subsurface Drainage Improvement District, improvement "SDID" means Subsurface Drainage Improvement District, an an improvement district organized to provide below ground surface drainage facilities district organized to provide below ground surface drainage facilities to to alleviate high groundwater groundwater conditions conditions affecting affecting member alleviate high member properties. properties. means Turlock Turlock Irrigation Irrigation District District “TID” means "TID"
SECTION DESCRIPTION OF OF SDID’S SECTION 2: 2: DESCRIPTION SDID'S SDID’s composed of of the following facilities: SDID's are are composed the following facilities: 2.1 2.1
Collection facilities consist consist of of aa network Collection and and transportation transportation facilities network of of perforated perforated and and non-perforated drain tubing and pipes that collect groundwater and transport non-perforated drain tubing and pipes that collect groundwater and transport it to to the the discharge discharge facilities. facilities. Collection Collection and transportationfacilities facilities consist consist of of it and transportation laterals and trunk trunk lines. lines. laterals and 2.1.1 Lateralsare arethe theindividual individualcollection collection pipes pipes within within aa field. field. 2.1.1 Laterals 2.1.2 Trunklines linescollect collect water water from from laterals laterals and andmay may also also be be designed designed to to 2.1.2 Trunk collect groundwater. collect groundwater.
Discharge Discharge facilities facilities consist consist of ofaa sump, sump, pump, pump, and and discharge discharge line line that that transports collected groundwater into a terminal facility such as, TID canal transports collected groundwater into a terminal facility such as, aa TID canal or drain. or drain.
SECTION 3: SDID FORMATION REQUIREMENTS SECTION 3: SDID FORMATION REQUIREMENTS 3.1 3.1
Engineering Prior to to constructing constructing subsurface subsurface drainage facilities, the Engineering services. services. Prior drainage facilities, the SDID qualified engineering engineering assistance assistance to to provide provide the the following following SDID shall shall obtain obtain qualified services: services:
3.1.1 A study be conducted 3.1.1 Groundwater Groundwater study. study. A study shall shall be conducted to to indicate indicate whether whether installation of of aa subsurface subsurface drainage drainage system system is is cost cost effective effective for installation for the the TID proposed improvement TID and and the the proposed improvement district. district. 3.1.2 Water quality be done 3.1.2 Water quality study. study. Testing Testing shall shall be done to to determine determine if if the the water water to be drained will meet applicable water quality standards. to be drained will meet applicable water quality standards. 3.1.3 and drainage A study soil Soil and drainage investigation. investigation. A study to to determine determine soil 3.1.3 Soil permeability and classification classification shall shall be be conducted conducted to design permeability and to enable enable the the design of the of the system. system. 3.1.4 The grades and alignment alignment of of proposed proposed drainage facilities 3.1.4 Field Field survey. survey. The grades and drainage facilities shall be be established, established, along along with with the the boundaries boundariesof of the the proposed proposed SDID. SDID. shall 3.1.5 Design. The shall provide provide aa system system design design consisting consisting of of a 3.1.5 Design. The engineer engineer shall a complete set of plans showing system layout, drain sizing and grade, complete set of plans showing system layout, drain sizing and grade, sump and and pump pump design design and and specifications, specifications, estimated flows and sump estimated flows and operation and information. The The design design must must be be done done in operation and maintenance maintenance information. in accordance provided by by the TID, or accordance with with engineering engineering standards standards provided the TID, or other other accepted accepted industry industry standards. standards. 3.1.6 Priorto toconstruction construction of of subsurface subsurface drainage drainage facilities, facilities, the 3.1.6 Prior the discharger discharger must obtain aa Revocable Revocable License License Agreement set forth forth in in Section Section 77 of of must obtain Agreement as as set "The Rules For For The The Distribution Distribution and Water Within “The Rules and Use Use of of Water Within The The Turlock Turlock Irrigation District". Irrigation District”. engineer shall 3.1.7 The engineer shall provide provide 3.1.7 Construction Construction survey survey and and inspection. inspection. The adequate horizontal and adequate horizontal and vertical vertical control control for forsystem systeminstallation. installation. In In addition, engineer must provide certification system was addition, the the engineer must provide certification that that the the system was installed as as designed. designed. installed
Property that benefits benefits from from the the SDID's SDID’s facilities facilities shall be included Property that shall be included in in the the SDID. SDID.
SECTION 4: WATER WATER QUALITY QUALITY REQUIREMENTS SECTION 4: REQUIREMENTS Any discharges of water from from SDID SDID facilities facilities into into TID TID facilities facilities must must meet meet Any discharges of water TID and must must conform conform to TID water water quality quality standards standards and to water water quality quality requirements as outlined outlined in in Section Section 88 of of the “Rules for requirements as the "Rules for the the Distribution Distribution and and Use of of Water Water within within the the Turlock Turlock Irrigation Irrigation District". Use District”.
SECTION 5: OPERATIONAL OPERATIONAL REQUIREMENTS SECTION 5: REQUIREMENTS
Temporary Suspension In the the event event it it becomes becomes Temporary Suspension of of Discharge Discharge Privileges. Privileges. In necessary water from from any any portion portion of of the necessary to to eliminate eliminate water the TID’s TID's irrigation irrigation system system affected affected by by this this SDID SDID for forthe the purpose purpose of ofrepair, repair, maintenance, maintenance, replacement, replacement, irrigation or or storm storm drainage drainage usage, usage, or or for for any any other other purpose, purpose, the the TID TID may irrigation may temporarily turn off any pump or valve by which the SDID’s subsurface temporarily turn off any pump or valve by which the SDID's subsurface drainage is discharged discharged into drainage water water is into the the TID’s TID's irrigation irrigation system. system. Unless Unless it it is is an an emergency the TID TID shall shall endeavor, endeavor, whenever whenever possible, possible, to to give emergency situation, situation, the give the the SDID seven (7) (7) days notice before SDID at at least least seven days prior prior notice before suspending suspending any any discharge discharge privileges to this this section. section. privileges pursuant pursuant to SECTION 6: PAYMENT AND AND OWNERSHIP OWNERSHIP OF OF SDID SDID FACILITIES FACILITIES SECTION 6: PAYMENT 6.1 6.1
Laterals may be be private or improvement improvement district by the Laterals may private or district as as determined determined by the members of the SDID. members of the SDID.
Trunk lines and maintained maintained by the improvement district. Trunk lines are are normally normally owned owned and by the improvement district.
Discharge facilities by the improvement Discharge facilities are are owned, owned, operated operated and and maintained maintained by the improvement district. district.
District the District financial financial participation participation in inaaSDID SDID is is subject subject to to Section Section 7.4 7.4 of of the “Rules for Use of "Rules for the the Distribution Distribution and and Use of Water Water within within the the Turlock Turlock Irrigation Irrigation District”. District".
SECTION 7: OTHER APPLICABLE APPLICABLE RULES SECTION 7: OTHER RULES 7.1 7.1
Unless otherwise in these Unless otherwise provided provided in these rules, rules, the theGoverning Governing Rules Rules of of Turlock Turlock Irrigation District Irrigation District Improvement Improvement Districts Districts apply apply to to SDID SDID
All maintenance and the All maintenance and repair repairwork work done done on on the the SDID SDID facilities facilities shall shall follow follow the Governing Rules Rules of ofTurlock TurlockIrrigation Irrigation District District Improvement Improvement Districts. Districts. Governing Approval for Approval for repairs repairs can can be be obtained obtained by by contacting contacting the the Improvement Improvement District District Trouble Shooter Shooter at at the Trouble the TID. TID.
V. POLICIES POLICIES V. A. A.
DRAINAGE POLICY POLICY WITHIN WITHIN THE THE TURLOCK TURLOCK IRRIGATION IRRIGATION DRAINAGE DISTRICT DISTRICT
DRAINAGE POLICY DRAINAGE POLICY WITHIN THE THE TURLOCK TURLOCK IRRIGATION IRRIGATION DISTRICT WITHIN DISTRICT EFFECTIVE EFFECTIVE SEPTEMBER SEPTEMBER 30, 30, 2003 2003 PREAMBLE PREAMBLE The The following followingstatements statements provide providethe the basis basis for fordetermining determining the the appropriate appropriate response within the the Turlock Turlock Irrigation response to to drainage drainage related related issues issues arising arising within Irrigation District. District. These forth the and establish establish the the context context under These statements statements set set forth the parameters parameters and under which District will will allow allow its facilities to which the the District its facilities to be be used used to to convey convey drainage drainage water water and provide surface, related services. services. and provide surface, subsurface, subsurface, groundwater groundwater drainage drainage and and related The various elements specify the obligation and responsibilities of the The various elements specify the obligation and responsibilities of the parties parties requiring or requesting related services, services, as well as to requiring or requesting drainage drainage related as well as the the extent extent to which District provides, provides, facilitates, or contributes contributes to to such such services. services. which the the District facilitates, or The The policy policy contains contains elements elements covering covering the the following followingcategories: categories: Guiding Guiding Principles; Groundwater Drainage; Subsurface Drainage; Storm Principles; Groundwater Drainage; Subsurface Drainage; Storm Drainage; Drainage; and Surface Drainage. and Surface Drainage. GUIDING PRINCIPLES GUIDING PRINCIPLES The following following principles principles establish establish the The the framework framework upon upon which which each each of of the the policy policy elements are founded. elements are founded. 1. 1.
It is the the intent intentof of the the Turlock Turlock Irrigation Irrigation District District to to deliver deliver water water of of a It is a sufficient quality to meet sufficient quality to to grow grow the the predominant predominant crops crops in in the the area area and and to meet all established for for the waterway into all applicable applicable water water quality quality standards standards established the waterway into which it it may spill. which may spill.
The water system system is is for for its its exclusive exclusive use. The Turlock Turlock Irrigation Irrigation Districtâ€™s District's water use. With prior permission, however, however, TID With prior written written permission, TID may may accept accept drainage drainage water water from as long long as as all all terms terms and and conditions conditions established established by by TID TID from other other parties parties as are met. are met.
Applicable provisions Applicable provisions of of Resolutions Resolutions 2002-59 2002-59 and and 2002-78, 2002-78, adopted adopted by by the the Turlock District Board Board of of Directors, Turlock Irrigation Irrigation District Directors, are are incorporated incorporated into into the the Drainage Policy. Drainage Policy.
In the the event event of of inconsistencies inconsistencies with previous policies, In with previous policies, rules, rules, regulations, regulations, motions provisions of of this policy shall motions or or resolutions, resolutions, the the provisions this policy shall prevail. prevail.
SECTION 1: 1: GROUNDWATER GROUNDWATER DRAINAGE DRAINAGE SECTION INTRODUCTION: INTRODUCTION: Groundwater drainage, for for the purpose of of this Groundwater drainage, the purpose this section, section, refers refers primarily primarily to to the the control of by the use of of the the shallow shallow well well system system developed developed over control of subsurface subsurface water water by the use over the the years by the Turlock Turlock Irrigation Irrigation District. District. This the District’s District's Drainage Drainage years by the This element element of of the Policy which is Policy includes includes all all aspects aspects of of the the removal removal of ofsubsurface subsurface water water except except that that which is developed facilities. developed or or collected collectedby bysubsurface subsurfacedrains drains (tile (tile drains) drains) or or similar similar facilities. STATEMENTS: STATEMENTS: 1.1 1.1
TID sphere of of TID will will provide provide groundwater groundwater drainage drainage services services within within the the sphere influence of facilities, so so long influence of its its existing existing groundwater groundwater drainage drainage facilities, long as as it it is is practical, reasonable and andeconomically economically feasible feasible to to do do so, practical, reasonable so, and and only only to to the the extent TID contributed contributed to to the the need need for for such such drainage drainage based based on on percolation percolation of of extent TID irrigation water provided by TID. TID shall not be responsible for irrigation water provided by TID. TID shall not be responsible for groundwater drainage services services for for any purpose, including groundwater drainage any other other purpose, including but but not not limited where the the need need for for drainage is created created by by the wasteful limited to, to, situations situations where drainage is the wasteful or unreasonable acts of of TID’s or unreasonable acts TID's customers customersor orthird third parties, parties, by by naturally naturally occurring conditions, occurring conditions, or or by bynon-TID non-TIDwater. water. Due Due to to numerous numerous factors factors and and circumstances which impact groundwater levels within the District, this circumstances which impact groundwater levels within the District, this policy in in no no way wayimplies impliesor orinfers infersthat that TID TID can, can, or or will, will, maintain maintain policy groundwater to any any specific specific level, groundwater to level, either either now now or or in in the the future. future.
The to which which TID levels varies The extent extent to TID drainage drainage pumping pumping lowers lowers groundwater groundwater levels varies depending upon geologic and hydrologic conditions, annual precipitation, depending upon geologic and hydrologic conditions, annual precipitation, land use practices, practices, along along with availability, condition condition and land use with the the availability, and regulations regulations pertaining to groundwater groundwater drainage drainage facilities. facilities. pertaining to
TID groundwater drainage drainage facilities facilities when when possible, possible, based based upon upon TID operates operates its its groundwater numerous criteria, including but not limited to: numerous criteria, including but not limited to: ■ ■ ■ ■ ■ ■ ■
Groundwater level data data (i.e. (i.e. section section corner corner monitoring Groundwater level monitoring well well data), data), Knowledge Knowledge of of the the system, system, Feasibility, including feasibility, Feasibility, including economic economic feasibility, Water quality standards and requirements, Water quality standards and requirements, The and source source of of the The nature nature and the high high groundwater, groundwater, Land Land owner owner requests, requests, and and Condition pumping, Condition and and availability availability of of groundwater groundwater drainage drainage pumping, discharge and conveyance conveyance facilities. discharge and facilities.
TID level information TID will will provide provide growers growers with with available available groundwater groundwater level information upon upon request. request.
It is the the grower's grower’s responsibility responsibility to to make make prudent prudent on-farm on-farm decisions decisions including, including, It is but not not limited limited to: to: planting planting crops crops appropriate appropriate for for the the local local groundwater but groundwater conditions; irrigating in a manner so as not to create localized conditions; irrigating in a manner so as not to create localized high high groundwater levels; evaluating the use use of of on-farm on-farm drainage facilities, groundwater levels; evaluating the drainage facilities, irrigation methods methods and and practices; practices; and and notifying notifying TID TID of of any irrigation any high high groundwater groundwater conditions or impacting groundwater groundwater levels. levels. conditions or changes changes in in the the area area impacting
Additional operating Additional operating standards standards pertaining pertaining to to groundwater groundwater drainage drainage are are found Section 3.7 3.7 – found in in Section —District DistrictDrainage DrainageWells Wellsand and Pumps Pumps of of the the Rules Rules for for the the Distribution and Water within within the the Turlock Turlock Irrigation Irrigation District District Distribution and Use Use of of Water Irrigation. Irrigation.
SECTION 2: SUBSURFACE DRAINAGE DRAINAGE SECTION 2: SUBSURFACE INTRODUCTION: INTRODUCTION: Subsurface for the the purpose purpose of of this section, refers refers to to the the control control of of water Subsurface drainage, drainage, for this section, water immediately below below the surface by by the the use use of of collection collection systems, immediately the land land surface systems, such such as as tile tile drains or similar facilities, installed by private property owners or improvement drains or similar facilities, installed by private property owners or improvement districts. districts. STATEMENTS: STATEMENTS: 2.1 2.1
Discharges from systems may may be be accepted Discharges from subsurface subsurface drainage drainage systems accepted into into District District or improvement district facilities facilities so so long long as such discharges discharges comply comply with or improvement district as such with all all current and and future futureterms termsand andconditions, conditions,including including provisions provisions contained contained current within Sections Sections 7 8 of of the and Use Use of of Water within 7 and and 8 the Rules Rules for for the the Distribution Distribution and Water within Irrigation District. District. within the the Turlock Turlock Irrigation
Additional operating pertaining to to subsurface subsurface drainage drainage are are found found Additional operating standards standards pertaining in the the Rules Rules for for the Formation and and Operation Operation of of Subsurface in the Formation Subsurface Drainage Drainage Improvement Districts. Districts. Improvement
SECTION 3: TAILWATER DRAINAGE SECTION 3: TAILWATER DRAINAGE INTRODUCTION: INTRODUCTION: Tailwater drainage, for for the thepurpose purposeof of this thissection, section, is is considered considered to to be be runoff runoff from from Tailwater drainage, agricultural lands resulting resulting from from the the application application of of irrigation agricultural lands irrigation water. water.
STATEMENTS: STATEMENTS: 3.1 3.1
Discharges drainage systems systems may may be be accepted accepted into Discharges from from tailwater tailwater drainage into District District and improvement district district drains drainsso so long long as as such such discharges discharges comply comply with and improvement with all all current and and future futureterms termsand andconditions, conditions,including including provisions provisions contained contained in current in Sections 7 and 8 of the Rules for the Distribution and Use of Water within Sections 7 and 8 of the Rules for the Distribution and Use of Water within the Turlock Irrigation District. District. the Turlock Irrigation
Tailwater discharges into into irrigation irrigationcanals canalsmay maybe beallowed allowed on on aa case-by-case case-by-case Tailwater discharges basis where drainage patterns patterns have have been been interrupted interrupted by by District District basis where natural natural drainage canals, provided such discharges comply with all current and future canals, provided such discharges comply with all current and future terms terms and conditions, including including provisions provisions contained Sections 7 8 of of the and conditions, contained in in Sections 7 and and 8 the Rules Use of Rules for for the the Distribution Distribution and and Use of Water Water within within the the Turlock Turlock Irrigation Irrigation District. District.
SECTION 4: NUISANCEWATER WATER DRAINAGE DRAINAGE SECTION 4: NUISANCE INTRODUCTION: INTRODUCTION: Nuisance drainage, for for the purposes of of this Nuisance water water drainage, the purposes this section, section, is is urban urban runoff runoff resulting resulting from precipitation. Examples Examples of of these these sources sources include, from anything anything other other than than precipitation. include, but but are are not limited to landscape irrigation water runoff, washing of vehicles, sidewalks, not limited to landscape irrigation water runoff, washing of vehicles, sidewalks, and and other similar similar practices. practices. other STATEMENTS: STATEMENTS: 4.1 4.1
Nuisance discharges will will only only be Nuisance water water discharges be accepted accepted from fromentities entities having having current current storm water water agreements agreements with with the theDistrict, District,so solong long as as such such discharges discharges comply comply storm with all and future future terms terms and and conditions. conditions. with all current current and
SECTION 5: 5: AGRICULTURAL AGRICULTURAL STORM STORM WATER WATER DRAINAGE DRAINAGE SECTION INTRODUCTION: INTRODUCTION: Agricultural storm storm water water drainage, drainage,for for the thepurpose purpose of of this this section, section, is is considered considered to Agricultural to be runoff result of of precipitation. be runoff from from agricultural agricultural lands lands as as a a result precipitation. STATEMENTS: STATEMENTS: 5.1 5.1
Agricultural storm storm water water runoff runoff may may be be accepted Agricultural accepted into into District District and and improvement district drains so so long long as as such such discharges discharges comply comply with improvement district drains with all all current and and future futureterms termsand andconditions, conditions, including including provisions provisions contained contained in current in
Sections Use of of Water Sections 77 and and 8 8 of of the the Rules Rules for for the the Distribution Distribution and and Use Water within within the Turlock Irrigation District. District. the Turlock Irrigation 5.2 5.2
Agricultural storm storm water water runoff runoff may may be be accepted accepted into canals on on a Agricultural into irrigation irrigation canals a case by have been by case by case casebasis basiswhere wherenatural natural drainage drainage patterns patterns have been interrupted interrupted by District canals, provided such discharges comply with all current and future District canals, provided such discharges comply with all current and future terms and conditions, conditions, including including provisions provisions contained contained in in Sections Sections 77 and and 88 of of terms and the Rules for for the and Use Use of of Water Turlock Irrigation the Rules the Distribution Distribution and Water within within the the Turlock Irrigation District. District.
Existing roof drainage collected from may be be Existing roof drainage collected from livestock livestock confinement confinement areas areas may accepted facilities provided provided such such discharges discharges comply comply with accepted into into District District facilities with all all current and and future future terms terms and and conditions. conditions. current
SECTION 6: URBAN URBANSTORM STORM WATER WATER DRAINAGE DRAINAGE SECTION 6: INTRODUCTION: INTRODUCTION: Urban storm water water drainage, drainage,for for the thepurpose purposeof of this this section, section, is is considered considered to to be be Urban storm runoff of precipitation. runoff from from all all non-agricultural non-agricultural lands lands as as a a result result of precipitation. 6.1 6.1
Urban storm water water discharges discharges will will only only be be accepted Urban storm accepted from from entities entities having having current storm storm water water agreements agreements with with the theDistrict, District, so so long long as as such such discharges discharges current comply with terms and and conditions. conditions. comply with all all current current and and future future terms
Rural urban developments developments with discharges to to Rural urban with authorized authorized storm storm water water discharges District or District or improvement improvement district district facilities facilities prior prior to to July July 16, 16, 2002 2002 (the (the date date of of the most recent recent field field survey) survey) may may continue continue such such discharges discharges so so long long as the most as such such discharges and conditions. conditions. discharges comply comply with with all all current current terms terms and
In order to insure the orderly and timely delivery of water to all customers, TID has established rules and practices for irrigation water d...
Published on Dec 8, 2016
In order to insure the orderly and timely delivery of water to all customers, TID has established rules and practices for irrigation water d...