Article III - Liability and Ownership
3.1 Liability of District
The District shall not be liable or responsible for inadequate treatment or interruption of service brought about by circumstances beyond its control.
3.2 Condition Not Actionable
No claim for damage shall be allowed against the District by reason of the following conditions: blockage in the system causing the backup of sewage; damage caused by smoking of lines to determine connections to District lines; breakage of main lines; interruption of water or sewer service and the conditions resulting therefrom; damage from the breaking of any service or collection line, pipe, cock, or meter; failure of the water supply; shutting off or turning on water; installation of connections or extensions; damage caused by water running or escaping from open or defective faucets; burst service lines or breakage of other facilities not owned by the District; damage to water heaters, boilers, or other appliances resulting from shutting water off, or from turning it on, or from inadequate, excessive, or sporadic pressures; or from doing anything to the systems of the District deemed necessary by the Board of Directors or its agents.
3.3 Responsibility for Notification
The District has no responsibility to notify customers of any occurrence of the foregoing conditions.
3.4 Compliance with Industrial Pretreatment
The District has the authority to require all users (in District and out of District) to comply with the Pollutant Discharge Regulations (PDR) and the Industrial Pretreatment Program (IPP), to require compliance with pretreatment standards; to require monitoring and reporting; to issue notices of violation, compliance orders, cease and desist orders, administrative fines, emergency suspensions; and to seek judicial remedies for any uses as allowed under the PDR or IPP. The PDR and IPP are incorporated and adopted herein as APPENDIX E - POLLUTANT DISCHARGE REGULATIONS AND INDUSTRIAL PRETREATMENT PROGRAM, to these Rules and Regulations.
3.5 Ownership of Facilities
All existing main lines and treatment works connected with and forming an integral part of the water or sewer system are the property of the District, unless a contract with customer provides otherwise. Ownership will remain valid whether the main lines and treatment works were constructed, financed, paid for, or otherwise acquired, by the District or by private parties. Transfer of ownership of main lines shall be in accordance with Section 6.3 Main Line Project Procedures for Developers. The developer is responsible for correction of construction deficiencies within the two-year warranty period. Exceptions to District ownership are private mains which specifically are not accepted by the District due to non‑conformance to these Rules and Regulations, the Standard Specifications for Water Line Construction, the Standard Specifications for Sewer Line Construction, and other approved standards of construction. Private mains are designated when ownership title cannot be provided free and clear.
3.5.1 Ownership of Water Facilities
For water, the District owns and is responsible for the maintenance of the water service line up to and including the curb stop valve or the customer’s property line or edge of easement, whichever is closer to the water main. The customer is responsible for the maintenance of the remaining portion of the service line serving his property. This principle of ownership shall not be changed by the fact that the District may construct, finance, pay for, repair, maintain, or otherwise affect the customer’s service line.
3.5.2 Ownership of Sewer Facilities
For sewer, the entire service line from the building to the main line is the property of the customer who is responsible for its maintenance. This principle of ownership shall not be changed by the fact that the District may construct, finance, pay for, repair, maintain, or otherwise affect the customer’s service line.
3.5.3 Ownership of Water Meter
Each water meter shall become and is the property of the District. Ownership shall remain valid whether the meter is installed, financed, paid for, repaired, or maintained by another person or whether the meter is located on a privately owned and maintained service line. The meter is defined as the meter body and components contained therein. Gaskets and fittings are not considered part of the meter.
3.5.4 Ownership of Lift Stations
A lift station associated with customer service lines shall be the property of the customer(s) served by such lift station. Maintenance of such lift station is the sole responsibility of customer(s) and shall not be the responsibility of the District.
3.5.5 Existence of Easements
An easement, whether recorded or not, and whether the main line is actually within a recorded easement, is deemed to exist if a customer is receiving and accepting service from a service line connected to a main line. The District shall have access over said easement to effect repairs, maintenance and replacement.
3.6 Conditions of Ownership
The customer’s ownership of the service line shall not entitle the customer to make unauthorized uses of the District's systems or to make alterations to the service line and the system once the service line has been connected to a District main line. All uses or changes in use of the service line, any appurtenances thereto, or changes in use of the property served at any time after the initial connection to the District system shall be subject to these Rules and Regulations.
3.7 Ownership of Water Rights
Each District shall be the owner of and obtain record title to all water rights required to provide water service to the in‑District and out‑of‑District customers which such District serves, including where such water service is provided by contract with a municipal corporation or special district that is not a member of the Upper Eagle Regional Water Authority, or a private corporation, entity, or individual (collectively or individually hereinafter a “Water Service Contractee”). In the event the water rights required to provide such water service are not owned by the District, then the District shall not be entitled to extend water service to any such Water Service Contractee. The District shall determine in its sole discretion whether sufficient water rights have been conveyed by the Water Service Contractee to meet the requirements and terms of this section.