Parowan

Chapter 1 - IRRIGATION WATER

Section 23-1-1. Irrigation Water Department and System; Irrigation Water Committee Section 23-1-2. Watermaster Section 23-1-3. Duties of Watermaster Section 23-1-4. Application for Irrigation Water Connection Section 23-1-5. Application for Water Connection by Subdivider Section 23-1-6. Application for Irrigation Water Service Section 23-1-7. Non-Owner Applicant - Agreement of Owner Section 23-1-8. Rates and Connection Fees Section 23-1-9. Temporary Fees and Service Charges Section 23-1-10. Individual Unit Section 23-1-11. Use Without Payment Prohibited Section 23-1-12. Delinquency - Discontinuance of Service Section 23-1-13. Turning on Water After Being Turned Off Prohibited Section 23-1-14. Separate Connections Section 23-1-15. Interconnection Prohibited Section 23-1-16. No Open Discharge Section 23-1-17. Penalties for Delinquent Payment of Rates and Fees Section 23-1-18. Limited Water Use Section 23-1-19. Scarcity of Water Section 23-1-20. City Council to Determine Periods of Irrigation Service Section 23-1-21. Services Provided by Parowan City Section 23-1-22. Liability for Damaged Equipment Section 23-1-23. Unauthorized Users Section 23-1-24. Facilities to be Kept in Good Repair Section 23-1-25. Quality of Service Pipe Section 23-1-26. Faulty Equipment Section 23-1-27. Sprinkling Vehicles Section 23-1-28. Department to Have Free Access Section 23-1-29. Non-Liability for Damages Section 23-1-30. Water Not Supplied to Motors, Syphons, Etc. Section 23-1-31. Waste of Water Section 23-1-32. Permits for Installations Section 23-1-33. Extension of Water Mains Within Municipality Section 23-1-34. Cost of Extensions Determined Section 23-1-35. Amount of Cost to be Deposited With Recorder Section 23-1-36. Return of Any Money - Forfeiture

Section 23-1-37. Ownership of Extension Section 23-1-38. Connections to Irrigation System Mandatory - Exceptions (Repealed September 23, 2004) Section 23-1-39. Repeal of Inconsistent Ordinances or Resolutions Section 23-1-40. Disposition of Funds Section 23-1-41. Construction of Permanent Facilities and Debt Service Section 23-1-42. Penalty Section 23-1-43. Effective Date and Posting of This Ordinance

23-1-1. Irrigation Water Department and System; Irrigation Water Committee. The Irrigation Water Department of Parowan City is hereby created. It shall administer the operation and maintenance of the Irrigation System of the municipality.

a) Separate Identity. This Department is intended to operate and be governed separately and distinctly from the culinary water system of Parowan City, with the exception that at least one member of the Irrigation Committee shall also serve on the Culinary Water Committee.

b) Irrigation Water Committee. An Irrigation Water Committee shall be formed consisting of (5) persons, to be appointed by the City Council. The Irrigation Committee shall make recommendations relating to the operation and management of the Irrigation System except that the Committee shall be limited to the making of policy recommendations and not to rates or charges for connection and user fees which, because of bonded indebtedness, are revenues which by law and Bond Resolution must be reserved to the City Council. References herein to this "Committee" shall be deemed to mean the Irrigation Water Committee hereby created.

c) Term of Office. The five members shall be designated by the City Council, one for the term of four years; one for a term of three years; one for a term of two years; and one for a term of one year. One member of the City Council shall be selected to serve as the fifth member. Upon expiration of each term or in the event of resignation, inability to serve, or for any other cause, each vacancy shall be appointed by the City Council.

d) Additional Duties. The Committee shall act as a Board of Arbitrators to resolve water use, distribution and general irrigation water problems resulting from or in the course of installation of the Pressurized Irrigation System and also resolve issues or disputes from time to time arising thereafter. Any decision rendered by the Committee shall be reviewed by the City Council for final determination.

23-1-2. Watermaster. There is hereby created the position of Watermaster of the Pressurized Irrigation Water System. His title shall sometimes be seated "Watermaster" to indicate and parallel the custom, usage and practice of distinguishing an irrigation water supervisor or administrator as a "Watermaster" and as contrasted to an different from that position under a culinary water system known as "Superintendent." When the term "water" is used in this Ordinance, including its use in the application of water revenues or the use of water, the term shall be deemed to apply specifically and exclusively to irrigation water furnished under the irrigation system, except where the context indicates to the contrary, particularly but not exclusively in those cases where intermingling of culinary with irrigation water is prohibited.

23-1-3. Duties of Watermaster. The Watermaster shall manage and supervise the Irrigation System pursuant to the provisions of this Ordinance and pursuant to resolutions, rules and regulations adopted by the City Council from time to time prescribing his powers and duties and directing the manner and frequency with which he shall make reports to the Mayor relating to the irrigation system. All of the functions and activities of the Watermaster shall be carried on under the direction of the Mayor and council member appointed by the Mayor.

23-1-4. Application for Irrigation Water Connection. Each individual unit must have a separate connection. Any person, other than a subdivider or developer seeking multiple connections, who desires or is required to secure a new connection to the Irrigation System, shall file with the water department for each such connection, a written and signed connection application in substantially the following form:

PAROWAN CITY APPLICATION FOR IRRIGATION WATER CONNECTION

TO THE MUNICIPALITY OF PAROWAN, UTAH:

I hereby apply to the Municipality of Parowan City for permission to connect my premises at ___________________________ with the City of Parowan irrigation water system and hereby agree as follows:

1. (a) The municipality shall make the requested connection from its water main to and including the irrigation water service or riser and up to my property line or to the location of the riser if the riser is installed within my property. I agree to pay the municipality the connection charges and all user fees as may be fixed by the governing body by Resolution or Ordinance.

The work of extending the water connection from the point to which the municipality installs it to the place at which the water is to be used shall be my responsibility and shall be performed at my sole cost.

(b) The location of the service or riser, whether on my premises or at some point near my premises, may be decided solely by the municipality.

2. I understand the municipality reserves the right to cause both the irrigation and culinary water systems upon my premises to be inspected by the municipality and, if either or both facilities should not be approved, I will cause the same to be corrected and improved at my own expense to meet the requirements of the municipality or of any other governmental agency having jurisdiction to regulate any water system within the municipality.

3. I will be bound by the rules, regulations, Resolutions or ordinances enacted now or hereafter by the municipality applicable to the municipality's irrigation water system, including those for the payment of user fees, charges and penalties, all of which I agree to pay.

4. The main purpose for which the water connection will be used is for irrigation of gardens, lawns, shrubbery and plants except in cases where previously established water rights govern a user's entitlement and except in cases of previously established rights, water from the Irrigation System shall not be used or furnished for agricultural purposes nor to lots having an excess of one (1) acre in which case one acre shall be the limitation. In no event shall deliveries or service be extended beyond the corporate limits of the City of Parowan.

5. The municipality shall have free access to the lines, risers and services installed under this agreement and, at reasonable times, through my property, if necessary.

DATED this ________ day of ______________, _______.

_____________________________ Applicant

23-1-5. Application for Water Connection by Subdivider. Whenever a subdivider or developer desires or is required to install water connections and extensions for a subdivision or development, the subdivider or developer shall enter into a written extension agreement which shall constitute an application for permission to make the extensions and connections and an agreement specifying the terms and conditions under which the water extensions and connections shall be made and the payments that shall be required, all of which shall be fixed by the City Council. Any subdivision development which does not require water for lawns, gardens, shrubbery, landscaping or other outside use shall be exempt from this paragraph.

23-1-6. Application for Irrigation Water Service. Any person who desires or is required to secure irrigation water service when such service is available from the irrigation water system, shall file with the water department a written application and agreement for the service which shall be in substantially the following form:

PAROWAN CITY APPLICATION FOR IRRIGATION WATER SERVICE

TO THE MUNICIPALITY OF PAROWAN, UTAH:

The undersigned hereby applies for irrigation water service from the municipality of Parowan City, Utah for premises located at _______________________ and hereby agrees:

1. To pay all charges for such water service and the delivery of water as are fixed from time to time by the governing body by Ordinance or Resolution until such time as I shall direct such service to be discontinued.

2. In the event of a failure to pay water charges within the due dates fixed by the governing body or of a failure of the occupant of the premises to conform to the Ordinances and regulations established by the governing body regulating the use of the water system, that the municipality shall have the right to discontinue the water system service at its election, pursuant to five (5) days' written notice of the municipality's intention, until all delinquencies and any reconnection fees imposed are paid in full or until any failure to conform to this Ordinance or regulations issued thereunder is eliminated.

3. To be bound by the rules, regulations, resolutions or ordinances enacted or adopted by the governing body applicable to the municipality's irrigation water system.

DATED this _______ day of __________________, ______.

_____________________________ Applicant

23-1-7. Non-Owner Applicant - Agreement of Owner. Applications for water service made by the tenant of any owner must in addition to the above requirements be guaranteed by an agreement signed by the owner of the premises or his duly authorized agent in substantially the following form:

"In consideration of the acceptance of the application for irrigation water service submitted by _______________(tenant), I or we will pay for all water services for any such tenant or any other occupant of _____________ premises in case such tenant or occupant shall fail to pay for the same according to the Ordinances, rules and regulations or Resolutions enacted by the municipality."

DATED this _______ day of _________________, ______.

_____________________________ 23-1-8. Rates and Connection Fees.

(A) The rates, penalty fee for delinquency in payment, connection fee, inspection fee, reconnection fees, and other charges incidental to the connection and services from the City's irrigation water system shall be fixed from time to time by Resolution enacted by the City Council. The City Council may, from time to time, promulgate rules for levying, billing, guaranteeing and collecting charges for irrigation water services and all other rules necessary for the management and control of the System. Rates for services furnished shall be uniform with respect to each class or classes of service established or that may hereafter be established.

(B) At no time shall any revenues of any character, from connection or user fees, nor gross or net revenues, nor revenues remaining after provision for debt service, ever be turned over, appropriated to, or become a part of the General Fund of the City.

23-1-9. Temporary Fees and Service Charges. Until further order by Resolution of the Mayor and City Council the initial schedule of rates and charges shall be as follows:

(A) Initial and monthly service fees:

Homes with Irrigation Water:

Initial hook-up fee $ 20.00 Monthly service charge (12 mos.) 8.40

Homes without Irrigation Water:

Initial hook-up fee -

� acre 400.00 � acre lot 600.00 acre lot 800.00 1 acre lot 1,000.00

Monthly service charge (12 mos.) 8.40

Lots with Irrigation Water:

Initial hook-up fee 20.00 Monthly service charge (12 mos) - In use 8.40 Dormant (stubbed off at property line) 3.00

The following pipe sizes shall apply:

to 1 acre lot 1 � inch pipe � to acre lot 1 inch pipe � to � acre lot 1 inch pipe � acre lot inch pipe

(B) Special Rates. The City Council may, from time to time, fix by agreement or resolution special rates and conditions for users using exceptionally large amounts of water service or making use of the System under exceptional circumstances, upon such terms and conditions as they may deem proper.

23-1-10. Individual Unit. For the purpose of this Ordinance, an individual unit is defined as a separate residence, separate garden lot, tract, or parcel, separate vacant lot or other unit for use or served by irrigation water, whether or not maintained in the same group as other units or adjoining parcels. Each separate unit shall be required to pay minimum rates herein specified.

23-1-11. Use Without Payment Prohibited. It shall be unlawful for any person by himself, family, servants or agents to utilize the irrigation water system without paying therefor, as herein provided, or without authority, to open any pipe, line, connection, stopcock, valve or other fixtures attached to the system of irrigation water supply unless it is done pursuant to proper application, agreement or resolution. It shall be unlawful to injure, deface or impair any part or appurtenance of the water system or to cast anything into any reservoir or facilities appurtenant or contributing to the irrigation water system.

23-1-12. Delinquency - Discontinuance of Service.

A. The Recorder or Watermaster shall furnish to each user, or mail to, or leave at his place of residence or usual place of business, a written or printed statement stating thereon the amount of water service charges assessed against him once each month or at such other regular intervals as the City Council shall direct.

B. The statement shall specify the amount of the bill for the water service and the place of payment and date due. If any person fails to pay the water charges within sixty (60) days from the date due, the Recorder or Watermaster shall give the customer notice in writing of intention to discontinue the service to the customer unless the customer pays the bill in full within five (5) days from the date of notice.

C. If the irrigation water service is thereafter discontinued for failure to make payment, then before the water service to the premises shall again be provided, all delinquent water charges must have been paid to the treasurer or arrangements made for their payment in a manner satisfactory to the municipality. In the event water is turned off for non-payment of water charges, then before the water service to the premises shall again be provided, the customer shall pay, in addition to all delinquent water charges, such extra charge for turning the water on and off as the City Council may have established by resolution. Until such a resolution has been adopted, there shall be added an extra charge of $_________ for turning on the water. Furthermore, in addition to such payments and penalties, a delinquent customer may be required to make and file a new application and deposit if the previous deposit has theretofore been applied to the payment of delinquent bills. The Recorder is hereby authorized and empowered to enforce the payment of all delinquent water charges by an action at law in the name of Parowan City.

23-1-13. Turning on Water After Being Turned Off Prohibited. It shall be unlawful for any person, after the water has been turned off from the premises for non-payment of irrigation water charges or other violations of the ordinances, rules, regulations, or resolutions pertaining to the water supply, to turn on or allow the water to be turned on or used without authority from the Watermaster or City Recorder.

23-1-14. Separate Connections. It shall be unlawful for two or more individual units (as defined in Section 23-1-10) to be supplied from the same connection unless special permission for such combination usage has been granted by the City Council and the premises served are owned by the same owner. In all such cases, a failure on the part of any one of the users to comply with this section shall warrant a withholding of a supply of water through the service connections until compliance or payment has been made, and in any event, the property owner shall be primarily liable to the municipality for all water services utilized on all such premises. Nothing herein shall be deemed to preclude the power of the municipality to require separate pipes or connections at a subsequent time.

23-1-15. Interconnection Prohibited. To maintain separateness in identity and to prevent cross-connection between the culinary system and irrigation system of water transmission and delivery, the City shall install steel ductile pipe for use exclusively in the culinary system and plastic pipe for use exclusively in the irrigation system. No interconnection, cross-connection or other joining of the culinary and irrigation systems by any existing or future water user of the City shall be permitted, and any such interconnection shall be punishable by a fine of not more than $299.00 or 30 days in jail or by both such fine and imprisonment and the owner of record of any property found to have such interconnection upon it shall bear all costs associated with the destruction and removal of such interconnecting device or apparatus.

23-1-16. No Open Discharge. There shall be no open discharge of water from the pressurized irrigation water system. There shall be a 3/4 inch diameter maximum size nozzle, hose or sprinkler installed at the terminal of each connection and any discharge not out of a sprinkler, hose or nozzle with that size limitation shall be a violation of this Ordinance and shall be punishable by a fine of not more than $299.99 or 30 days in jail or by both such fine and imprisonment and the owner of record of such property found to have any open discharge shall bear all costs required to repair or rectify the violation.

23-1-17. Penalties for Delinquent Payment of Rates and Fees. Delinquencies associated with the payment of the initial hook-up fee shall bear interest at the rate of 1.5% per month on the unpaid amount commencing September 1, 1988, and the City shall exercise, at its option, an action against the delinquent property owner of record at any time after that date for the amount due plus court costs.

Delinquency in the payment of monthly user fees shall bear interest at the rate of 1.5% per month against the amount 60 days past due, and delinquencies in excess of 90 days shall result in the termination of all water service, both irrigation and culinary, until the delinquent amount plus interest accrued shall be paid to the City.

23-1-18. Limited Water Use. During those times when the Committee and the City Council in its sole discretion, may find that a shortage exists, a strict limitation may be placed on the usage of irrigation water and excessive use shall be punishable in the same manner as prescribed in Section 15 hereof.

23-1-19. Scarcity of Water. In times of scarcity of culinary or irrigation water, whenever it shall in the judgment of the Mayor, the City Council and the Committee be deemed necessary, the mayor shall, by proclamation, limit the use of both culinary and irrigation water to such extent as may be necessary. It shall be unlawful for any person, his family, servants or agents to violate any proclamation made by the Mayor in pursuance of this part.

23-1-20. City Council to Determine Periods of Irrigation Service. The City Council shall, in consultation with the Irrigation Water Committee and a designated representative of the City determine the dates when water shall be available through the pressurized irrigation system, and when such service shall be terminated at the end of the irrigation season.

23-1-21. Services Provided by Parowan City. Service shall be provided to all areas of Parowan City presently served by the Parowan City Pressurized Irrigation System. All existing irrigation connections within the City limits that are not presently served by the Parowan City Pressurized Irrigation System shall gain service as provided in Sections 23-1-6. All new irrigation connections within the City limits shall gain service as provided in Sections 23-1-4 and 23-1-5. All new connections will be at the discretion and recommendations of the Irrigation Water Committee. No new connections will be granted unless the appropriate amount of water rights is secured and the system source and capacity has been enlarged to handle the additional connections. The splitting of an existing 2-inch connection to two 1-inch connections is not considered a new connection.

23-1-22. Liability for Damaged Equipment. All damages or injury to the lines, meters, or other materials of the municipality on or near the customer's premises cause by any act or neglect of the consumer or property owner (or both the consumer and property owner if it is deemed appropriate) shall in the discretion of the municipality be repaired by and at the expense of the consumer or owner, and they shall pay all costs and expenses, including a reasonable attorney's fee, which may arise or accrue to the municipality through its efforts to repair the damage to the lines, meters, or to other equipment of the department or collect such costs from the consumer or the property owner or both.

23-1-23. Unauthorized Users. It shall be unlawful for any water service user to permit any person from other premises or any unauthorized person to use or obtain water service regularly from his premises or water facilities, either outside or inside his premises.

23-1-24. Facilities to be Kept in Good Repair. All users of water service shall keep their service pipes, connections, risers and other apparatus in good repair and protected from frost at their own expense. No person except under the direction of the Watermaster and the Committee shall be allowed to dig into the street for the purpose of laying, removing or repairing any service pipe.

23-1-25. Quality of Service Pipe.

(A) All service and other pipe used in conjunction with the water services of the municipality shall be of such material, quality, and specifications as the City Council may, from time to time by resolution, provide and shall be installed at such distances below ground as may be specified by regulations relating to the water department. All work, alterations, or extensions affecting water pipes shall be subject to the acceptance of the water superintendent and no connections with any water mains shall be made without first obtaining a permit therefor from the City Recorder.

(B) No consumer shall be permitted to conduct water pipes across lots or buildings to adjoining premises without permission from the water superintendent and subject to such requirements relating to controls as may be imposed by him.

23-1-26. Faulty Equipment. It shall be unlawful for any water user to: a) waste water; b) allow it to be wasted by stops, taps, valves, leaky joints or pipes, or allow tanks or water troughs to leak or overflow; c) wastefully run water from hydrants, faucets or stops or through basins, water closets, urinals, sinks or other apparatus; or d) use the water for purposes other than for those which he has applied, or to use water in violation of the rules and regulations for controlling the water supply.

23-1-27. Sprinkling Vehicles. Vehicles for sprinkling shall be regulated, authorized and controlled by the Committee instructions made to the Watermaster.

23-1-28. Department to Have Free Access. The Committee and the Watermaster and their agents shall at all ordinary hours have free access to any place supplied with water service from the Irrigation System for the purpose of examining the apparatus and ascertaining the amount of water service being used and the manner of its use.

23-1-29. Non-Liability for Damages. The municipality shall not be liable for any damage to a water service user by reason of stoppage or interruption of his or her water supply service caused by fires, scarcity of water, accidents to the water system or its mains, or which occurs as the result of maintenance and extension operations, or from any other unavoidable cause. This section shall not be construed to extend the liability of the municipality beyond that limited in or by the Governmental Immunity Act (Title 63, Chapter 30, Utah Code Annotated, 1953).

23-1-30. Water Not Supplied to Motors, Syphons, Etc. No water shall be supplied from the pipes of the municipal water system for the purpose of driving motors, syphons, turbines, or any other type of wheels, or any hydraulic engines, or elevators, or for driving or propelling machinery of any kind whatsoever, nor shall any license be granted or issued for any such purpose except by special permission of the Committee and the City Council.

23-1-31. Waste of Water.

A) Users of water from the irrigation water system shall not permit water to continue to run wastefully and without due efforts to conserve water. If, in the judgment of the Watermaster or of any of the officers of the Committee or the municipality, a user of irrigation water engages in practices which result in the needless waste of water and continues to do so after the notice to discontinue wastefulness has been given, the superintendent or any officer may refer the matter to the Committee and the Committee shall render its opinion and decision to City Council.

B) The City Council shall thereupon consider terminating the right of the individual to use irrigation water. If it elects to consider the matter of termination, it shall give notice to the water user of the intention to terminate his water connection at least five (5) days prior to a joint meeting of the Committee and the City Council at which termination of water service is to be considered. The notice shall inform him of the time and place of the meeting and of the charges which lead to the consideration of the termination.

C) A water user whose right to utilize irrigation water is being reviewed shall have opportunity to appear with or without counsel and present his reasons why his water service should not be discontinued.

D) After due hearing, the City Council, on advice of the Committee, shall arrive at a determination. If the determination is to discontinue the wasteful water user's service connection, the Mayor or his designee shall notify the user of the decision and of the period during which the service will remain discontinued.

23-1-32. Permits for Installations. It shall be unlawful for any person to lay, repair, alter or connect any water line to the Irrigation System without first having obtained a construction permit from the officer or the Clerk or from the Watermaster.

23-1-33. Extension of Water Mains Within Municipality. Any person or persons, including any subdivider who desires to have the water mains extended within the municipality, which extension shall be further than 100 feet from the existing line, and is willing to advance the whole expense of such extension, may make application to the City Council by petition. The petition shall contain a description of such proposed extension accompanied by a map showing the location of the proposed extension, together with an offer to advance the whole expense thereof, which cost shall be verified by the water superintendent. The City Council shall refer these matters to the Committee which will render its recommendations to grant or deny the petition as in its discretion seems best for the welfare of existing water users in the municipality. Such extension, when completed, shall become a part of the municipality's water system.

23-1-34. Cost of Extensions Determined. Upon the receipt of such petition and map and before the petition is granted, the City Council or the Committee shall obtain from the watermaster a certified statement showing the whole cost of expense of making such extensions.

23-1-35. Amount of Cost to be Deposited With Recorder. If the municipality grants the petition, the amount of the cost of making the extension, as certified by the watermaster, shall be deposited with the City Recorder before any work shall be done on such extensions. The deposit shall be made within thirty (30) days, or such other items as the City Council shall indicate, after the granting thereof.

23-1-36. Return of Any money - Forfeiture.

A) At any time the municipality may decide to grant a petition for an extension, it shall also decide whether or not any portion of the costs is to be refunded and the manner and circumstances under which such refund shall be made or credited to the applicant, his successors or representatives. Such determination shall be duly recorded in writing and a copy thereof furnished to the applicant.

B) In the event any deposit remains unclaimed for a period of five (5) years after the depositor has discontinued water service, the deposit may be forfeited and then transferred to the water utility fund.

23-1-37. Ownership of Extension. Any such extension shall be deemed the property of the municipality.

23-1-38. Connections to Irrigations System Mandatory - Exceptions. This section was repealed on September 23, 2004 (refer to Ordinance No. 2004-09-01). 23-1-39. Repeal of Inconsistent Ordinances or Resolutions.

A. General Repealer: All ordinances and resolutions adopted thereunder or pursuant thereto, which may be inconsistent or in conflict with this Ordinance or which may in any respect create an ambiguity, an uncertainty or if applied, any vagueness respecting the express terms of this Ordinance, are hereby expressly repealed and the provisions of this Ordinance shall prevail over all enactments of the City of Parowan relating to its culinary water system. Any different provisions, different duties, responsibilities, rights, entitlements or powers in conflict herewith shall have no such conflicting force or effect after the adoption and posting of this Ordinance but shall remain in effect respecting the irrigation water system. This Ordinance shall not, unless expressly provided so to do, amend any part or provision or any rule, regulation, rate or charge, or any other matter pertaining to the Parowan City culinary water system. There is expected from this repealer and there is expressly reserved that certain Resolution and the proceedings incident thereto which created a water revenue bond originally purchased or to be purchased by the State of Utah acting through its Board of Water Resources and nothing in this Ordinance shall be interpreted or construed to alter, modify or diminish the rights of the holders of bonds under the Resolution or any other proceedings authorizing or creating that indebtedness.

B. Specific Repealers: (I) Ordinance No. 1987-W1 adopted July 1, 1987 is repealed and superseded hereby. (ii) Chapter 1, Title 23, Parowan City Code, 1981 is repealed except that by this repealer there shall not be an divestiture of water rights which are legally owned by any person and it is not the intention of this repealing clause to impair, diminish, eliminate or extinguish any vested right to the use of water.

23-1-40. Disposition of Funds. All connection fees and monthly user charges collected under the provisions of this Ordinance shall be deposited in the Parowan City Pressurized Irrigation System Fund and used to meet the operation and maintenance cost of the System; debt service on obligations appertaining to the construction of such System; the payment of actual construction costs associated with the completion of the System; but no allocations may be made transferring revenues of any character to any other fund or the General Fund of Parowan City.

23-1-41. Construction of Permanent Facilities and Debt Service. As authorized by Sections 10-8-17 and 73-1-9, Utah Code Annotated, 1953, the City has constructed or will construct and keep in repair a pressurized irrigation system of pipes, wyes, turnouts, head gates, intake and outlet facilities, risers and all other apparatus for a complete pressurized irrigation water control, transmission, distribution and delivery system for those as well as conservation purposes; and it is necessary to borrow funds to construct such system and to pledge the sums contemplated by this Ordinance and the statutes cited as well as provided otherwise by law to the payment of amounts coming due on revenue bonds issued for that purpose. In arriving at the sums deemed necessary to meet the expenses of each year the City will take into account the amount necessary to provide sinking and reserve funds required by the Resolution authorizing those bonds and shall include such debt service in the amounts collected from the users of water and pledge that portion of the revenues thus fixed to the payment of bonds issued to defray the cost of constructing and maintaining the pressurized irrigation water system and that part of the sums fixed for debt service each year shall be conclusively deemed to be a necessary part of the expense of each current year for the purpose of controlling, regulating and distributing irrigation water. Nothing in this provision or in any other part of this Ordinance shall ever be interpreted or construed as limiting, diminishing or yielding the legal or beneficial right of the City of Parowan to the use of water to which the City has legal entitlement or beneficial right or, as to which it is an agent or a Trustee, to diminish its power and authority to manage and assess for the cost of management of irrigation water.

23-1-42. Penalty. Unless otherwise designated, any person violating any provision of this Title either by failing to do the acts required herein or doing any act prohibited herein shall be guilty of a Class C Misdemeanor and, upon conviction thereof, shall be subject to punishment by a fine not to exceed $750.00, by imprisonment for a term not to exceed ninety (90) days, or by both such fine and imprisonment. 23-1-43. Effective Date and Posting of This Ordinance. This Ordinance shall take effect August 6, 1987 by posting of full, true and correct copies hereof in each of three (3) public and conspicuous places in the City of Parowan, Iron County, Utah in compliance with Section 10-3-7-11, Utah Code Annotated, 1953, which posting the City Recorder is hereby authorized and directed to complete. The City Council hereby finds and declares that the public health, safety and welfare of Parowan City and its inhabitants require that the Ordinance take effect at an earlier date than twenty (20) days following its adoption and posting.

Chapter 2 -- CULINARY WATER

Section 23-2-1. Water System Section 23-2-2. Culinary Water Department, Superintendent and Committee Section 23-2-3. Duties of Superintendent Section 23-2-4. Application for Water Section 23-2-5. Standards for Connection and Private Plumbing Section 23-2-6. Meter Rates Section 23-2-7. Water Impact and Development Fees Section 23-2-7a. Subdivision Water Assessments Section 23-2-8. Payment of Rentals Section 23-2-9. Deposit by Renters Section 23-2-10. Use of Water After Services Disconnected Section 23-2-11. Damaging Water System Section 23-2-12. Limiting Water Use During Scarcity Section 23-2-13. City to Pay for Use Section 23-2-14. Wasting Water Prohibited Section 23-2-15. Befouling Water System Section 23-2-16. Penalty Section 23-2-17. Water Line Extension Agreements Section 23-2-18. Temporary Fire Hydrant Meters Section 23-2-19. Culinary Water Leaks

23-2-1. Water System. The water system construction or otherwise acquired by the City to supply City residents and other with culinary water is the property of the City and shall be under the sole and exclusive control and jurisdiction of the City. The City Council may from time to time direct the making of needed additions, improvements, alterations and repairs to said system, and may also from time to time make such rules and regulations as are necessary for its proper operation which are not in conflict with this Chapter.

23-2-2. Culinary Water Department, Superintendent and Committee.** The Culinary Water Department of Parowan City is hereby created. It shall administer the operation and maintenance of the Culinary System of the municipality. The City water system shall be managed by a competent person appointed by the Mayor, with the advice and consent of the City Council, as the Water Superintendent. The Superintendent shall work directly with the Culinary Water Committee in a joint effort to assure proper administration, operation, and maintenance of the municipality's Culinary System.

a) Separate Identity. This Department is intended to operate and be governed separately and distinctly from the pressurized irrigation water system of Parowan City, with the exception that at least one member of the Culinary Committee shall also serve on the Irrigation Water Committee.

b) Culinary Water Committee. A Culinary Water Committee shall be formed consisting of (5) persons, to be appointed by the City Council. The Culinary Water Committee shall make recommendations relating to the operation and management of the Culinary Water System except that the Committee shall be limited to the making of policy recommendations and not to rates or charges for connection and user fees which, because of bonded indebtedness, are revenues which by law and Bond Resolution must be reserved to the City Council. References herein to this "Committee" shall be deemed to mean the Culinary Water Committee hereby created.

c) Term of Office. The five members shall be designated by the City Council, one for the term of four years; one for a term of three years; one for a term of two years; and one for a term of one year. One member of the City Council shall be selected to serve as the fifth member. Upon expiration of each term or in the event of resignation, inability to serve, or for any other cause, each vacancy shall be appointed by the City Council.

d) Additional Duties. The Committee shall act as a Board of Arbitrators to resolve water use, distribution and general culinary water problems resulting from or in the course of installation and use of the Culinary Water System and also resolve issues or disputes from time to time arising thereafter. Any decision rendered by the Committee shall be reviewed by the City Council for final determination.

23-2-3. Duties of Superintendent. The Water Superintendent shall have charge of the City reservoirs, water tanks, water mains, fire hydrants and all equipment and appurtenances of the water system. He shall have direction of the laying of water mains, the putting in of all service lines, and the regulation of the supply of water. He shall inspect all plumbing installations and may condemn and order the removal of any plumbing installation or fixture which violates the building code of the City, the provisions of this Chapter, or State Law. He shall be responsible for the proper care and efficient operations of the water system.

23-2-4. Application for Water. Any person desiring to obtain water from the City water shall make application therefor. Said application shall be filed with the Water Superintendent or the City Recorder and shall state the location, kind of building, number of rooms, number of taps, and fully and completely state the purpose for which the water is to be used. An application shall be filled before any person taps into or connects in any way to the City water system. The tapping or connection fee shall be paid at the time of application and no work shall be done on the application and no water shall be supplied to the applicant until such fees have been paid in full. Upon completion of the application and payment of the tapping or connection fee, the applicant shall be authorized to extend at his own expense a water service pipe from the existing water main to the premises covered by the application as directed by the Water Superintendent. All such work shall be done under the supervision of the Water Superintendent and/or the Building Inspector. In the event an applicant desires a service pipe larger than 3/4 of an inch in diameter, the tapping or connection fee may be increased proportionately and established by resolution of the City Council to compensate the City for the extra use of water occasioned by the larger service pipe. All applications for water shall contain an agreement signed by the applicant that he shall pay for the water and service at rates established from time to time by Resolution of the City.

23-2-5. Standards for Connections and Private Plumbing. All connections to the City water system shall be made in accordance with specifications which are promulgated from time to time by the Water Superintendent. Each connection shall include a meter by which the amount of water used through that connection may be measured and also a valve which shall permit the water through that connection to be shut off. All private plumbing which is connected to the City water system shall be done in a good and workmanlike manner and shall be leakproof. Such work, which is governed by the City Building Code, shall be done in strict compliance therewith. Other plumbing shall be in compliance with standards and specifications promulgated by the Water Superintendent.

23-2-6. Meter Rates. The rates to be paid by the users for water supply by the City, either within the City or without the City, shall be established by resolution of the City Council from time to time. The City Council may establish different or higher rates for water users outside the city than those inside the City. Except by special permission of the City Council obtained in advance, each individual user of water shall have a meter and valve as set forth above. It shall be unlawful for any person to connect to an existing waterline on his private property without prior permission of the City Council and with the aim of supplying water for a use not set forth in the original application.

23-2-7. Water Impact and Development Fees. In addition to the regular hook-up fee for connection to the Parowan City culinary water system and water development fee, the City Council may require an applicant to pay an impact fee for requested services from the City culinary water system. The imposition of impact fees shall be based upon the current schedule of impact fees for water which specifies the amount of impact to be imposed for each type of use and impact upon the culinary water system. This impact shall be assessed against all development activity, as may be applicable, within Parowan City limits.

The impact fee may be established and adjusted, by resolution, as necessary to ensure that the impact fees are being reasonably imposed for the service being provided based upon and reasonably related to the development activity. All funds collected as water impact fees shall be placed in a separate fund to be known as the Water Capital Improvement Fund for use in the future development and distribution of culinary water for Parowan City, Utah.

Parowan City may also assess a water development and impact fee for the purpose of future acquisition of water to service the new development activities. Said water development fee shall be based upon the amount of water necessary to service the proposed development activity. If the City is in need of additional water rights and upon approval by the City Council, an applicant for service from the City water system may, in lieu of payment of the water development fee, transfer sufficient water rights to Parowan City to satisfy the proposed development. Approval will be based on Parowan City's need for additional water rights and not the applicant's access to available water rights. Parowan City may also accept irrigation and surface water rights as it determines appropriate in exchange for culinary water rights. 23-2-7 A. Subdivision Water Assignments. Any proposed subdivision as defined by the laws of the City of Parowan shall be assessed a Water Development Fee based on the following subdivision water assignments:

-domestic use evaluated at 0.45 acre-feet for each unit in the subdivision,

-irrigation use evaluated at 4.0 acre-feet per irrigated acre for each unit in the subdivision, -stock watering use evaluated at 0.028 acre-feet per cattle equivalent as defined by the Division of Water Rights of the Department of Natural Resources of the State of Utah, and -all industrial and commercial uses evaluated based on the current State of Utah Public Drinking Water Regulations Design and Construction Standards.

As used in the foregoing section, the term unit shall mean:

In a subdivision involving single family residences, a unit shall mean each single family residence or each lot designated for construction of a single family residence. In multi dwelling developments such as apartments, condominiums, and planned unit developments, a unit shall mean each definable living area, apartment, residence, or condominium unit within the development.

23-2-8. Payment of Water Charges. All water charges are due and payable at the end of each month during which water has been supplied from the City water system, and all users of which water shall be billed therefore on a monthly basis. The City may, without notice, shut off and disconnect any premises from the water system when the billing for water charges within thirty (30) days of the due date, the City Treasurer shall so notify the Water Superintendent and the user, and the City Water Superintendent shall have the authority to take all legal steps to shut off the water service to the premises after being disconnected as set forth above. All delinquent water charges shall be paid together with a reconnection fee in an amount to be established from time to time by a resolution of the City Council. In addition, the City Attorney is hereby authorized to bring an action in the name of the City to collect all delinquent water charges by any lawful means.

Every consumer shall pay the assessed rate for services rendered in a timely manner. Payment shall be in the amounts and at the times determined by the management committee in accordance with this Ordinance. In the event that a consumer fails to make the required payments for use of the services within thirty (30) days of billing, any delinquent amounts due and owing shall constitute a lien on the interest of the owner in the property until the same has been paid in full. Upon recording a notice of lien by Parowan City, the same shall constitute a lien upon the property until the same has been paid in full, including all costs and expenses incurred in the filing and recording of the lien. The lien may be enforced by sale or foreclosure of the owner's interest in the property. The sale or foreclosure shall be conducted in the same manner as foreclosures in deeds of trust or mortgages or in any other manner permitted by law. The property owner shall be liable for all costs of foreclosure including reasonable attorney fees. Suit to recover a money judgment for unpaid common expenses is maintainable without foreclosing or waiving the lien securing it.

23-2-9. Deposits by Renters. Before water service is connected to premises occupied by any renter of business or residential property, the renters shall pay to the City the deposit which is required by the Parowan City Ordinance establishing its power department, 15-3-1.

23-2-10. Use of Water After Service is Disconnected. It shall be unlawful for any person to use any water on any premises which has been disconnected from the City water system because of nonpayment of any water charges or for other violations of this Chapter.

23-2-11. Damaging Water System. It shall be unlawful for any person to damage, tamper with, alter, or harm in any manner whatsoever any part of the apparatus or appurtenances of the City water system.

23-2-12. Limiting Water Use During Scarcity. In time of scarcity of water, whenever it shall in the judgment of the Mayor be necessary, the Mayor may by proclamation limit the use of water for other than domestic purposes to such extent as may be necessary for the public good. It shall be unlawful for any person to violate the restrictions on water use which are contained in any such proclamation.

23-2-13. City to Pay for Use. By resolution of the City Council, the departments of the City, other than the water department, may be required to pay the water department for the use of water from the City water system. If required, such payments will be at the rate specified in the resolutions of the City Council establishing the same, and shall be accredited to the account of the water department from the account of the department or agency of the City using the water.

23-2-14. Wasting Water Prohibited. No person shall waste water nor allow it to be wasted by negligence such as leaking taps, pipes, or valves, or by allowing it to wastefully run through watering troughs or other apparatus. Any person violating this section shall be shut off from such use at the option of the Water Superintendent if he fails to remedy the defect or cease the wasteful practice within a reasonable time after being given notice to do so by the Water Superintendent.

23-2-15. Befouling Water System. It shall be unlawful for any person to in any way befoul any of the waters in the City water system.

23-2-16. Penalty. Unless otherwise designated, any person violating any provision of this Chapter either by failing to do the acts required herein or doing any act prohibited herein shall be guilty of a Class C Misdemeanor and, upon conviction thereof, shall be subject to punishment by a fine not to exceed $750, by imprisonment for a term not to exceed ninety (90) days, or by both such fine and imprisonment.

23-2-17. Water Line Extension Agreements. In the event that any person or entity desires to extend the Parowan City water system to an area which is not presently served by said water system, such person shall do so only after applying for and receiving permission to connect to the water system as provided in Section 23-2-4 of this code. The waterline extension agreement shall provide at a minimum that the water system shall become the property of Parowan City upon completion. Parowan City may include in the extension agreement, at its discretion, the option to collect, administer, and/or distribute frontage fees or specified connection fees assessed against other landowners and developers who connect to the extended waterline for the purpose of fairly reimbursing the initial developer for actual costs of waterline construction, or any portion thereof, as Parowan City deems appropriate. Parowan City may also mandate that developer be responsible for collecting any construction costs provided under a line extension agreement without administration or enforcement by Parowan City.

This ordinance shall not be construed as a mandatory requirement or obligation by Parowan City to enter into a waterline extension agreement with developer for the purpose of assisting developer in the recovery of the developer's costs of construction. Any reimbursement under a waterline extension agreement shall be upon the terms as agreed to by Parowan City and the builders/developers of the waterline in accordance with the waterline extension agreement.

23-2-18. Temporary Fire Hydrant Meters.

A. It shall be the policy of Parowan City that individuals who demonstrate to the satisfaction of the Water Superintendent a need for use of culinary water at a location where permanent service has not been connected may obtain from the City a Contract regarding Fire Hydrant Water Meter for the purpose of utilizing a portable meter at an approved fire hydrant. The Water Superintendent must determine that the use of said hydrant will not adversely affect deliveries of water to existing connections of the Parowan City Water System (see paragraph C below). Water shall not be removed through fire hydrants even with a temporary meter without prior approval of the Water Superintendent.

B. In order to obtain a fire hydrant meter the Applicant is hereby required to enter into a Contract stating the conditions and requirements and acknowledging charges and liabilities.

C. The Water Superintendent may deny a request for a fire hydrant water meter depending upon location and availability of water from the water system. In any event, all other means of obtaining water for construction purposes or dust control should be investigated and used if practicable.

D. Proper use of fire hydrants is required. The applicant must close the hydrant and disconnect the cut off valve from the hydrant when not using the water, thereby leaving the hydrant free and clear for use by the Fire Department.

E. Any use of City water from a source where permanent connection has not taken place without a meter as provided herein shall be unlawful. Any person violating any provision of this Ordinance shall upon conviction be punished by a fine not exceeding one thousand dollars ($1,000) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment.

23-2-19. Culinary Water Leaks. If a culinary water leak is found and reported by a customer in Parowan City and it is determined that the leak is on the customer's side of the meter it shall be handled in the following manner:

1) If the leak is fixed within 30 days of discovering the water leak, the customer will be responsible to pay a service fee, which includes a) inspection of the meter to determine that the leak is on the customer's side of the meter, and b) an average monthly water billing. If the service fee is paid, the remainder of the customer's culinary water bill will be forgiven by the City. Said service fee to be determined by resolution.

2) If the leak is not fixed in a timely manner, within 30 days of discovering the water leak, the customer will be responsible to pay the entire water bill.

Chapter 3 -- DRINKING WATER SOURCE PROTECTION ORDINANCE

Section 23-3-1. Short Title and Purpose Section 23-3-2. Definitions Section 23-3-3. Establishment of Drinking Water Source Protection Zones Section 23-3-4. Permitted Uses Section 23-3-5. Prohibited Uses Section 23-3-6. Administration

23-3-1. Short Title and Purpose.

A. This ordinance shall be known as the "Drinking Water Source Protection Ordinance."

B. The purpose of this ordinance is to insure the provision of a safe and sanitary drinking water supply for Parowan City by establishment of drinking water source protection zones surrounding the wellheads and springs which are the supply sources for the Parowan City water system and by the designation and regulation of property uses and conditions which may be maintained within such zones.

23-3-2. Definitions. When used in this Ordinance the following words and phrases shall have the meanings given in this section:

A. Design Standard - means a control which is implemented by a potential contamination source to prevent discharges to the ground water. Spill protection is an example of design standard.

B. Land Management Strategies - means zoning and non-zoning controls which include, but are not limited to, the following: zoning and subdivision ordinances, site plan reviews, design and operation standards, development rights, public education programs, ground water monitoring, household hazardous waste collection programs, water conservation programs, memoranda of understanding, written contracts and agreements, and so forth.

C. Pollution Source - means point source discharges of contaminants to ground water or potential discharges of the liquid forms of "extremely hazardous substances" which are stored in containers in excess of "applicable threshold planning quantities" as specified in SARA Title III. Examples of possible pollution sources include, but are not limited to, the following: storage facilities that store the liquid forms of extremely hazardous substances, septic tanks, drain fields, class V underground injection wells, landfills, open dumps, land filling of sludge and seepage, manure piles, salt piles, pit privies, and animal feeding operations with more than ten animal units. The following clarify the definition of pollution sources:

1. Animal Feeding Operation - means a lot or facility where the following conditions are met: animals have been or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12 month period; and crops, vegetation forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility. Two or more animal feeding operations under common ownership are considered to be a single feeding operation if they adjoin each other, if they use a common area, or if they use a common system for the disposal of wastes.

2. Animal Unit - means a unit of measurement for any animal feeding operation calculated by adding the following numbers: the number of slaughter and feeder cattle multiplied by 1.0, plus the number of mature dairy cattle multiplied by 1.4, plus the number of swine weighing over 55 pounds multiplied by 0.1, plus the number of horses multiplied by 2.0.

3. Extremely Hazardous Substances - means those substances which are identified in the Section 302 (EHS) column of the "TITLE III LIST OF LISTS - Consolidated List of Chemicals Subject to Reporting Under SARA Title III", (EPA 560/4-91-011).

D. Potential Contamination Source - means any facility or site which employs an activity or procedure which may potentially contaminate ground water. A pollution source is also a potential contamination source.

E. Regulatory Agency - means any governmental agency with jurisdiction over hazardous waste as defined herein.

F. Sanitary Landfill - means a disposal site where solid wastes, including putrescible wastes, or hazardous wastes, are disposed of on land by placing earth cover thereon.

G. Septic Tank/Drain-Field Systems - means a system which is comprised of a septic tank and a drain field which accepts domestic wastewater from buildings or facilities for subsurface treatment and disposal. By their design, septic tank/drain field system discharges cannot be controlled with design standards. H. Spring - means the ground surface outlet of a natural underground spring including spring collection and control boxes, valves, piping and other attachments.

I. Wellhead - means the upper terminal of a well, including adapter, ports, seals, valves and other attachments.

23-3-3. Establishment of Drinking Water Source Protection Zones. There is hereby established use districts to be known as zones one, two, three and four of the drinking water source protection area, identified and described as follows: (See Exhibit 1)

A. "Zone One" is the area within a 100-foot radius from the wellhead or spring.

B. "Zone Two" is the area within a 250-day ground-water time of travel to the wellhead or spring, the boundary of the aquifer(s) which supplies water to the ground-water source, or the ground-water divide, whichever is closer.

C. "Zone Three" (waiver criteria zone) is the area within a 3-year ground-water time of travel to the wellhead or spring, the boundary of the aquifer(s) which supplies water to the ground-water source, or the ground-water divide, whichever is closer.

D. "Zone Four" is the area within a 15-year ground water time of travel to the wellhead or spring, the boundary of the aquifer(s) which supplies water to the ground-water source, or the ground-water divide, whichever is closer.

23-3-4. Permitted Uses. The following uses shall be allowed within the groundwater protection zones:

A. All Zones

1. Uses established before the Effective Date of this Ordinance and used continuously and in the same manner thereafter, which uses may continue, provided any such use is not judged by any court of competent jurisdiction to be a nuisance under the provisions of federal, state or local laws or regulations.

2. Use of single or multiple-family residential dwellings, commercial or institutional uses established on or after the effective date of this ordinance connected to a sanitary sewer system.

3. Uses incidental and accessory to the uses set forth in the two immediately preceding subparagraphs.

B. Zone 4. 1. The tilling of the soil and the raising of crops, provided fertilizing and the use of pesticides is accomplished within federal, state and local guidelines.

2. The pasturing of livestock, provided all forage is raised on the pastured area.

3. Uses incidental and accessory to the uses set forth in the two immediately preceding subparagraphs.

23-3-5. Prohibited Uses. Except uses established before the Effective Date of this ordinance and used continuously and in the same manner thereafter, which uses may continue, on or after the Effective Date of this ordinance, the following uses or conditions shall be and hereby are prohibited within ground water protection zones.

A. Zones 1 and 2.

1. Sanitary sewer line within 150 feet of a wellhead or spring collection area. 2. Underground storage tanks.

3. Storm water infiltration structures.

4. Any pollution source as defined herein or in R-113 of the Utah Administrative Code.

B. Zones 1, 2 and 3. Agriculture industries including, but not limited to, intensive feeding operations such as feed lots, dairies, fur breeding operations, poultry farms, etc.

C. All Zones. 1. Surface use, storage, or dumping of hazardous waste or material, expressly including industrial or commercial uses of agricultural pesticides (except when such pesticides are used in farming applications within strict compliance of the manufacturer's recommendations of use, subject to inspection by local officials).

2. Sanitary landfills.

3. Hazardous waste or material disposal sites.

4. Septic tanks/drain field systems.

23-3-6. Administration. The policies and procedures or administration of any source protection zone established under this ordinance, including without limitation those applicable to nonconforming uses, exception, enforcement and penalties, shall be the same as provided in the existing ordinance, as the same is presently enacted or may from time to time be amended.

Title 23 - Chapter 1 Regarding Irrigation Water was adopted by the Parowan City Council on 08-06-87 (Refer to Ordinance No. 87-8 or 1987-W2)

*Section 23-1-38 -C) was deleted on 08-30-02 (refer to Ordinance No. 2002-08-01). The entire Section 23-1-38 was later repealed on September 23, 2004 (refer to Ordinance No. 2004-09-01)

Dates of other ordinances pertaining Water: June 25, 1980; September 20, 1978; August 16, 1978; June 1, 1977; October 9, 1974; May 22, 1974; February 24, 1964; February 11, 1963; April 9, 1962; April 25, 1955; April 9, 1951; April 22, 1935; June 4, 1929