Article V - Water Regulations

Click here to download a copy of the Article V - Water Regulations (in pdf)

5.00 General.

This section is intended to provide general regulations regarding use of the District's water system.

Every customer using water from the District's water system shall thereby be deemed to have consented and agreed to the terms and provisions of these Rules and Regulations and to have acknowledged the right of the District to discontinue water service in the event of the failure of such customer to comply with the terms and provisions of these Rules and Regulations, including failure to make timely payments of all rates and charges. All applicants for and users of service and connections to the system shall be required to accept such conditions of pressure, supply and service as are provided by the distribution system at the location of the service connection and hold the District harmless for any damages arising out of low pressure, high pressure, inadequate supply or interruptions of service. The District specifically does not accept responsibility for the maintenance of pressure and it reserves the right to discontinue service while making repairs, replacement and connections or performing other work in the operation of the water system. Consumers dependent upon a continuous supply should provide emergency storage. Except as provided elsewhere or by special agreement, each house or structure for which the application for water service is hereafter made which fronts on a public street or private road shall have a separate service connection, including a separate meter.

5.01 Use and/or Diversion of Water in Violation of District Rules and Regulations.

Any use and/or diversion of water in violation of these rules and regulations shall be of such importance as to justify immediate discontinuance of water service, without notice, and the violator may be prosecuted before a court of competent jurisdiction. Any attempt to take water from the District's system without proper registration on a water meter shall constitute prima facie evidence of diversion of water by the customer in whose name service is being rendered, or by a person benefitting from the use of such diverted water. This use/diversion of water may include the installation of water consuming devices ahead of the meter; tampering or interfering with pipes, devices, or equipment connected to the District water distribution system; damage to, alterations of, or obstruction of, any meter (including the breaking of meter seals) which will permit the use of water without its proper registration on the District's meter; and turning water on after it has been shut off by the District. If service has been discontinued for use/diversion of water in violation of District Rules and Regulations, the District will not render water service to the customer or to any other person for the customer's use at the same or any other location until:

1. Customer has paid all applicable bills.
2. Customer has reimbursed the District for all costs incurred in making corrections necessary to prevent further diversion of water.

5.02 Access for District Employees.

Customers will provide access to their property at all reasonable times for authorized employees of the District. This access may be necessary for determining violations of these Rules and Regulations or for conducting routine inspections. Refusal to permit any reasonable inspections or investigations shall be grounds for discontinuance of water service.

5.03 Refusal to Deliver Water When Contamination of Supply May Result.

The District may refuse to deliver water to any property where any condition exists which might lead to the contamination of the public water supply, and the District may continue to refuse delivery of water to any such property until such condition is remedied by the customer.

5.04 Water Use During Emergency.

In the event of scarcity of water or failure or partial failure of supply for any reason, the Board of Directors shall have power to restrict and limit use of water from said system to in house use and/or livestock use only. Notice of the imposition of such restriction may be by phone, or by written notice delivered or mailed and shall be effective until customers are notified otherwise.

5.05 Drought Response Guidelines.

1. Definitions:
   1. Stage 1 Drought: A Stage 1 Drought exists when a call on the Arkansas River would reduce the flow in the Bessemer Irrigation Ditch Co. canal below 71 CFS.
   2. Stage 2 Drought: exists when a call on the Arkansas River would reduce the normal flow of other water rights owned by the District.
   3. Stage 3 Drought: exists when a call on the Arkansas River reduces the flow in the Bessemer Irrigation Ditch Co. canal below 40 CFS, and the District’s other water rights are also reduced due to calls by senior decrees. A Stage 3 drought may also exist if the District’s storage reservoirs are at or below a combined 80% of capacity.
2. District responses in the event of a drought:
   1. Stage 1 Drought:
      1. The District will set a tone for a dry irrigation season;
      2. Inform customers of the conditions and try to reduce the usage to prevent a Stage 2 condition;
      3. Contact high usage Commercial customers informing them of conditions; and
      4. Encourage voluntary reductions usage by District patrons.
   2. Stage 2 Drought:
      1. The District will increase the customers awareness of the drought conditions and possible voluntary water saving measures via:
         1. A website based information Informational postings; or
         2. Special mailings on water saving tips.
   3. Stage 3 Drought:
      1. Residential Accounts: The District will inform the residential customers that the maximum usage per month will be limited to 30,000 gallons, or whatever lesser amount the Board may determine, depending on the severity of the drought.
         1. Any residential tap usage over the 30,000 gallon or other Board designated maximum will incur a surcharge of $10.00 per thousand gallons used in excess of the designated maximum. The District will contact patrons who exceed the designated maximum and provide information to assist the patron in reducing water usage.
         2. If a residential tap user exceeds the designated maximum a second time (i.e., after the District has provided information on water saving tips) the surcharge will be increased to $20.00 per thousand gallons used.
         3. If a residential tap user continues to exceed the designated maximum the imposition of the $20.00 per thousand gallon surcharge, a flow restriction device may be installed in the residential meter and the higher surcharge will continue.
      2. Commercial Accounts: Commercial accounts will be limited to their historic average water usage (based on the average of their per month water usage over the preceding two years). No increase of water usage will be allowed. Water saving information will be provided to help maintain or lower usage.
         1. Livestock feeding operations will not be allowed to increase their water consumption; however, water for legally mandated dust control may be continued upon written permission from the District Manager.
         2. ii. No fire hydrant meters will be issued except for special human health needs.
      3. Institutional Accounts: Institutional accounts such as schools will be limited to in-building uses and watering only the main playing fields. No watering of practice fields and landscaped areas will be allowed. Information will be provided on other water saving measures. Violation of this limitation may result in installation of flow restriction devices on the institutional taps.
      4. Commercial and Institutional Accounts will be monitored monthly for actual usage.
      5. Commercial and Institutional Accounts may be charged a surcharge of $10.00 per 1,000 gallons if they exceed the two year average in a two month period.
      6. Duration of Stage 3: Stage 3 Drought restrictions will remain in effect until the call on the Arkansas River has changed such that the Bessemer Irrigation Ditch Co. canal flow is above 70 CFS, the District's junior water rights are in priority and the District's storage reservoirs are collectively at 90% capacity and filling.

5.06 Ground Wire Attachments.

All persons are forbidden to attach any ground wire or wires to any plumbing which is or may be connected to a service connection or main belonging to the District unless such plumbing is adequately connected to an effective driven ground installation on the premises. The District will hold the customer liable for any damage to its property occasioned by such ground wire attachments.

5.07 Cross Connections Control Program.

This section is promulgated to implement the District’s program for control of cross connections and requirements for containment devices which include, but are not limited to, double check and reduced pressure assemblies and Approved Backflow Prevention Assemblies, and to meet requirements of state regulations found in Article 12 of 5 C.C.R. 1003-1.

1. REQUIREMENTS
   1. The District shall take steps to identify potentially uncontrolled hazardous service cross connections.
   2. All customer water systems shall install, maintain, and replace District approved containment devices on any uncontrolled hazardous service connection consistent with the degree of hazard imposed by the uncontrolled cross connection in accordance with guidelines established by the Colorado Department of Public Health and Environment.
   3. The installation of all containment devices shall be approved by the District prior to installation and prior to use.
   4. Containment devices shall be properly inspected or tested and maintained by the customer, at the customer’s expense at installation and at least annually be a certified cross connection control technician.  Test results shall be submitted to the District.
   5. Containment devices shall be properly inspected or tested and maintained by the customer, at the customer’s expense at installation and at least annually be a certified cross connection control technician.  Test results shall be submitted to the District. Containment devices shall be properly inspected or tested and maintained by the customer, at the customer’s expense at installation and at least annually be a certified cross connection control technician.  Test results shall be submitted to the District.
   6. The District shall notify Colorado Department of Public Health and Environment of any cross connections discovered by the District, as defined by Section 1.22 (12) of the State Regulations, and require correction of the problem with due diligence.The District shall notify Colorado Department of Public Health and Environment of any cross connections discovered by the District, as defined by Section 1.22 (12) of the State Regulations, and require correction of the problem with due diligence.
   7. District customers shall comply with District’s Regulation, and Section 6 of the State Plumbing Code, to properly install and maintain containment devices, and to perform annual inspections and tests, provide the District with inspections and test reports, and maintain a copy of their inspections and test reports.District customers shall comply with District’s Regulation, and Section 6 of the State Plumbing Code, to properly install and maintain containment devices, and to perform annual inspections and tests, provide the District with inspections and test reports, and maintain a copy of their inspections and test reports.
2. COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT CROSS CONNECTION CONTROL MANUAL

   The District may utilize provisions of the Colorado Department of Public Health and Environment’s Cross Connection Control Manual to identify hazardous service connections, determine required containment devices for various types of installation, and assist in administration and interpretation of the program and interpretation.

3. METER YOKES

   Residential service lines are generally considered to be low-hazard connections, unless a hazardous activity is present. Meter yokes with a dual check valve assembly will be installed on new taps and service upgrades. Additional protection is required for irrigation systems or other hazardous situations.

4. GENERAL REQUIREMENTS
   1. Plumbing plans must be submitted to the District and approved for all Commercial buildings, prior to the activation of water service.PLANS MUST SHOW:
      1. Water service type, size and location.
      2. Meter size and location.
      3. Reduced pressure zone assembly size, type and location.
      4. Fire sprinkler system(s) service line if required, shall provide size and type of backflow prevention assembly.
   2. Backflow prevention assemblies are to be installed in an accessible location to facilitate maintenance, testing and repair. Drawings must show various installations.
   3. All backflow prevention assemblies shall be installed immediately downstream of the water meter.
   4. Before installing a backflow prevention assembly, pipelines should be thoroughly flushed to remove foreign material.
   5. In no case will it be permissible to have connections or tees between the meter and service line backflow prevention assembly.
   6. Backflow prevention valves are not to be used as the inlet or outlet valve of the water meter. Test cocks are not to be used as supply connections. (Not applied to residential dual check installations.)
   7. In order to insure that backflow prevention assemblies continue to operate satisfactorily, it will be necessary that they be tested at the time of installation and on an annual schedule thereafter. Such tests will be conducted in accordance with A.S.S.E. and/or U.S.C.-C.C.C. and H.R. performance standards and field test procedures as directed by the Colorado Department of Public Health and Environment. (Not applied to residential dual check installations. Dual checks will be tested at intervals set by the Board.)
   8. The District will require inspection of all containment system installations.
   9. All costs for design, installation, maintenance, repair, and testing are to be borne by the customer.
   10. No grandfather clause exists. All laws and regulations apply regardless of the age of the facility.
   11. All fire sprinkler lines shall have a minimum protection of an approved double check valve for containment of the system.
       1. All glycol, ethylene, propylene, and other chemical antifreeze systems shall have an approved Reduced Pressure Zone assembly for containment.
       2. Dry fire systems shall have an approved Double Check Valve installed upstream of the air pressure valve.
       3. Single-family residence with a fire sprinkler system and domestic water combined shall have a double check valve when no chemicals are used.
   12. All fire sprinkler systems shall conform to the following sections of the National Fire Protection Association Pamphlets Number Thirteen and Twenty-Four: Pamphlet Number Thirteen, Section 1-11.2 Hydrostatic Testing, and Section 1-1.2.2 Allowable Leakage and Pamphlet Number Twenty-Four, Private Fire Service Mains and Their Appurtenances.@Section 8.4.
5. STANDARDS FOR BACKFLOW PREVENTION ASSEMBLIES
   1. Any backflow prevention assembly required for containment under this Chapter shall be of a model and size approved by the District. The term Approved Backflow Prevention Assembly shall mean an assembly that has been manufactured in full conformance with the standards established by the latest version of the Colorado Department of Public Health and Environment standards and A.S.S.E. and/or USC FCCC & HR specifications. Provided however, containment within a residential meter pit may be accomplished with an assembly not approved by the Foundation for Cross Connection Control and Hydraulic Research, but approved by the American Society of Sanitary and Mechanical Engineers as designated by the District. The following testing laboratory is qualified to test and certify backflow prevention assemblies. A backflow prevention assembly being listed on their periodic approved list shall be deemed to meet all of the above requirements:
      
      

      A.S.S.E. American Society of Sanitary Engineering,
      28901 Clemens Road, Suite 100,
      Westlake, Ohio 44145

      
      
      

      USC Foundation for Cross-Connection Control and Hydraulic Research,
      University of Southern California,
      PHE 430-D University Park-MC Los Angeles, California
      90089-14534.2

      1. Only approved Backflow Prevention Assemblies shall be used.
   2. Containment devices and backflow prevention assemblies currently installed, which are not approved, shall be replaced with an approved device at the time they are discovered.
   3. Backflow prevention assemblies used on fire lines shall have O.S. & Y. (outside stem & yoke) valves and be listed by the National Fire Protection Association.
6. INSTALLATION OF CONTAINMENT DEVICES
   1. All backflow prevention assemblies shall be installed in accordance with the District’s requirement.
   2. All backflow prevention assembly installations shall be inspected and approved for use by the District.
   3. All backflow prevention assemblies shall be installed in the horizontal position. Vertical installation shall be acceptable when approved by A.S.S.E. and/or USC FCCC & HR specifications.
   4. A pressure vacuum breaker shall be used on residential sprinkler systems where the backflow prevention assembly is never subject to back pressure if installed a minimum of twelve (12) inches above the highest piping or outlet downstream of the assembly in a manner to preclude back pressure.
   5. Atmospheric vacuum breakers are allowed only for residential sprinkler systems. They must be installed six inches above the highest piping outlet downstream of the assembly.
   6. A single check valve is not considered to be a backflow prevention assembly, and must be replaced with an approved containment device.
   7. Double check valve assemblies may be installed in below grade vaults only if the vault is properly constructed and insulated to prevent freezing.
   8. Reduced pressure backflow prevention assemblies must be installed above ground. The device should be placed at least twelve inches (12) above the finish grade but no higher than forty eight (48) inches to allow clearance for the repair work. A concrete slab at finish grade is recommended. Proper drainage should be provided for the relief valve and may be piped away from the location provided it is readily visible from above grade and provided the relief valve is separated from the drain line by a minimum of double the diameter of the supply line. A modified vault installation may be used if constructed with ample side clearances and adequate drainage.
   9. All commercial customers will be required to install a reduced pressure zone valve for containment regardless of current conditions.
7. TESTING AND MAINTENANCE
   1. At least once per year, it will be the duty of the customer where any containment device is installed to have a certified inspection or test made of those devices. In those specific instances where the District deems the hazard to be great enough, certified inspections or tests at more frequent intervals may be required. These inspections or tests shall be at the expense of the customer and shall be performed by a certified technician approved by the Colorado Department of Public Health and Environment.
   2. As necessary, the containment devices shall be repaired or replaced at the expense of the customer whenever the containment devices are found to be defective. Records of all such inspections, tests, repairs or replacement shall be kept by customer and the District.
   3. Existing containment devices shall be sealed by the technician performing the inspection or test at the completion of the inspection or test.
   4. All testing equipment used in testing of containment devices shall be checked for accuracy at least annually, and proof of compliance shall be submitted to the District upon request.
   5. The District retains the right to inspect or test the installation and operation of any containment device at any time to assure proper operation.
8. ENFORCEMENT AND PENALTY
   1. This program shall be administered and enforced pursuant to applicable provisions of Colorado law, the District’s Regulations, Pueblo County Building Code and the State Plumbing Code.
   2. Under applicable law and regulations, the District has the power and authority to enter onto all properties which have non-single family connections for the purpose of inspecting and verifying compliance with this program [5 CCR 1002.1, § 11.39(3) (c)], as well as the duty to report any uncontrolled cross connections to the Colorado Department of Public Health and Environment, the authority to install a proper cross connection control device or remove the uncontrolled cross connection [5 CCR 1002.1, § 11.37(2)] impose financial penalties for non-compliance [32-1-1001(1)(j)(I), and 32-1-1006(1)(d), C.R.S.], and to terminate water service for non-compliance [32-1-1006(1)(d), C.R.S.].

Click HERE to download and print a copy of the Cross-Connection Questionaire (in pdf)

5.08 Use of Water in Conjunction with cultivation, growing, manufacture, processing, research and development, distribution, testing and sale of industrial hemp, medical marijuana, retail marijuana, medical marijuana-infused products, and/or retail marijuana-infused products.

1. In addition to all other District Policies, Rules and Regulations, the following shall apply to all patrons who desire to utilize District supplied water for the cultivation, growing, manufacture, processing, research and development, distribution, testing or sale of industrial hemp, medical marijuana, retail marijuana, medical marijuana-infused products, and/or retail marijuana-infused products (hereafter collectively referred to as Marijuana Operation);

1. District water shall only be supplied upon receipt by District of documentation and permits from applicable governmental agencies reflecting the patron's permitted or authorized use or uses, and establishing that the patron's Marijuana Operation has been approved by and is in accord with Colorado law and Chapter 5.12, Marijuana Licensing, of Pueblo County, Colorado Regulations and all Pueblo County, Colorado Regulations relating to Industrial Hemp and Hemp Establishments.
2. All such accounts are declared to be Commercial Accounts.
3. Each water service connection supplying water for Marijuana or Hemp Operations must have a water meter purchased from District capable of being read electronically and profiled to report daily water use;
4. Each patron requesting water service or continued water service for Marijuana Operations, shall provide the District, with patron's application for service, with patron's best estimate of the daily and monthly quantity of water patron will require in conjunction with patron's Marijuana Operation.
5. For so long as only a portion of the District's water supply appears available for delivery to patrons involved in any Marijuana Operations, District reserves the right:
   1. To limit the number of patrons whom to whom it may provide water for Marijuana Operations; and,
   2. To reduce the quantity of water being provided to patrons of existing Marijuana Operations, on a pro-rata basis.

5.09 Use of Water.

The use of District water by a patron may be modified or terminated by the District in order for District to comply with (1) policy directives or guidelines respecting the use of federal water facilities issued by the Bureau of Reclamation of the United States Department of the Interior or any other federal agency, or (2) the terms of a federal contract, license or permit; or (3) applicable law.

5.10 Outdoor Use of Potable Water for Commercial Agricultural Products Prohibited:

1. No potable water delivered through the District's water supply system may be used to water any commercial outdoor cultivation or growing of agricultural products including but not limited to the commercial outdoor growing of vegetables, flower and marijuana plants.
2. Potable water delivered through the District's water supply system may be used for the indoor (greenhouse) commercial cultivation or growing of agricultural products including but not limited to vegetables, flower and marijuana plants.