Eagle River Water & Sanitation District

• Water & Sewer Service Regulations
  • Contents
  • Article I - General Information
  • Article II - Definitions
  • Article III - Liability and Ownership
  • Article IV - Operation and Maintenance of Water and Sewer Systems
  • Article V - Application for Service
  • Article VI - Main Line Extensions
  • Article VII - Cross Connection Control
  • Article VIII - Rates and Charges
  • Article IX - Hearing, Settlement and Appeal Procedures
  • Appendix A - Schedule of Fees and Rates
  • Appendix B - Water and Sewer Service Line Construction Specifications
  • Appendix C - Standard Specifications for Water Main Construction
  • Appendix D - Standard Specifications for Sewer Main Construction
  • Appendix E - Pollutant Discharge Regulations and Industrial Pretreatment Program
• Development Approval Process

Article V - Application for Service

5.1 Service Areas

5.1.1 Service Within District Boundary
Water system and/or sewer system service will be furnished in accordance with the District's Rules and Regulations to property included within and subject to the Rules and Regulations of and taxation by the District.

5.1.2 Ability to Serve Letter
Ability to Serve letters for new projects shall be issued only upon proof of inclusion into appropriate District boundaries, submission of review fee deposit as estimated by District staff, and full payment of cash-in-lieu of water rights or water rights dedication. The finding of compliance with the necessary criteria and ultimate issuance of the Ability to Serve letter shall be at the sole discretion of the District. Prior to issuance of the Ability to Serve letter, no connections to the District's system shall occur.

5.1.3 Inclusions
A person who desires service and who owns land both within and outside the boundaries of the District, must include all of his land outside the District which is serviceable by the system and is contiguous to the parcel on which service is desired. A formal request for inclusion within the District shall be made to the District, on its standard form, by the applicant, accompanied by a non-refundable payment of $1,000 for legal fees and the estimated cost of processing the application for inclusion. Any additional costs or legal fees that may occur shall be assessed and paid prior to approval of inclusion by the Board. Until paid, such additional costs and fees shall be a lien upon the property.

5.1.4 Water Dedication Policy Summary (Authority)
Any request for water service for a new or expanded use that is not included in a Member's existing plan for augmentation shall be subject to the Authority's water dedication policy, approved by Resolution attached hereto. The Authority's policy requires the dedication of water rights equal to 120 percent of the need of the proposed uses, or at the Authority's discretion, payment of cash-in-lieu of such water rights at the current rate set by the Authority. The party requesting service must provide evidence acceptable to the Authority regarding the amount of water required by the proposed use. The complete requirements for water dedication are set forth in the Resolution.

5.1.5 Water Dedication Policy Summary (District)
Any request for water service for: (1) uses in areas outside the District's service area; or (2) expanded water uses within the District's service area shall be subject to the District's water dedication policy, approved by Resolution attached hereto. The District's policy requires the dedication of water rights equal to 120 percent of the need of the proposed uses, or at the District's discretion, payment of cash-in-lieu of such water rights at the current rate set by the District. The party requesting service must provide evidence acceptable to the District regarding the amount of water required by the proposed use. The complete requirements for water dedication are set forth in the Resolution.

5.1.6 Treated Water Storage Requirements
It shall be the policy of the Upper Eagle Regional Water Authority (Authority) to require an owner of property including into a Member District (the term Member District shall include the Town of Avon) and an owner of property changing the zoning of a property already within a Member District to provide treated water storage adequate to meet the needs of the properties, or at the option of Authority, to pay a fee in lieu of providing new treated water storage. See Appendix F.

It shall be the policy of the Eagle River Water & Sanitation District (District) to require an owner of property upon which new development or re-development is proposed, which is located within the District's service area, and which will require an increase in water use or new water use not allowed by existing taps or zoning to provide treated water storage adequate to meet the needs of the owner's proposed development, or, at the option of the District, to pay cash in lieu of new treated water storage. See Appendix F.

5.1.7 Service Outside District Boundary
No water system and/or sewer system service shall be provided to property exclusively outside of the District, except upon the express written consent of the Board. Charges for furnishing service outside of the District shall be at the discretion of the Board. The charge for service furnished shall equal at least the cost of service, plus the estimated property tax and tap fees for which such property would be responsible if it were a part of the District. In every case where the District furnishes service to property outside the District, the District reserves the right to discontinue the service when, in the judgment of the Board of Directors, it is in the best interest of the District to do so.

5.2 Application for Service

5.2.1 Forms and Fees
Application for water and/or sewer service must be furnished to the District and accompanied by appropriate fees. A connection to the system shall be made only by District personnel upon authorized approval of the permit and a receipt indicating payment of all fees.

5.2.2 Tap Information Required
All information requested on the tap application must be completed. A site plan or improvement plan showing the location of the building relative to property lines, utility lines, curb stop valve box location, and all easements shall be provided for the tap application. A copy of the building permit, and a copy of the building floor plan shall be provided for the tap application. The building floor plan shall indicate the location of the water meter, and the remote reading device. For commercial applications, the District will require an Engineer's or Architect's assessment of the meter size necessary to serve the commercial and irrigation fixtures involved. The meter size is to be determined by the fixture count assessment according to the Uniform Plumbing Code.

5.2.3 Reassessment of Tap Fees
Should any information disclosed on the application prove at any time to be false, or should the applicant omit any information, the District shall have the right to: reassess the tap fee originally charged to the rate current at the time of discovery by the District of the false or omitted information, and/or disconnect the service in question, and/or back-charge the property in question for tap fees and service fees that may be due and owed, and/or charge any other additional fee or penalty specified in these Rules and Regulations. Any reassessment, penalties, or other additional fees charged, with interest at the maximum legal rate on the entire balance upon and from the date of the original application, shall be due and payable immediately.

Should the metered consumption, documented sewage criteria, or approved usage exceed the conditions upon which the original tap fees were paid, the District reserves the right to reassess the tap fees originally charged to the rate current at the time of discovery by the District.

5.2.4 Winter Taps
During the winter months (October 15 to April 15), taps may be made by appointment, at the District's sole discretion, provided that the tap location is heated or protected from freezing.

5.3 Special Conditions

5.3.1 Fire Sprinkler System
If a fire protection water sprinkler system is to be used, a plan of the system that has been approved by the appropriate fire authority is to be submitted to the District along with the application. The fire suppression system and domestic water shall utilize a common service line for the building. All fire sprinkler systems shall meet National Fire Protection Association (NFPA) requirements and additionally shall meet the requirements of all applicable city, county, and state building and fire protection codes. All fire sprinkler systems shall be protected from fluctuating water main pressures by means of a pressure-reducing valve. Waivers may be granted by District with a written request from the applicant. As dictated by the State of Colorado, all fire sprinkler systems shall be equipped with a backflow prevention device appropriate to the degree of hazard contained therein.

5.3.2 Lawn Irrigation System
A lawn sprinkler or irrigation system must be metered. If a lawn sprinkler or irrigation system is to be installed as part of the property development, this system may be independent of any commercial, domestic, or industrial uses and may be separately metered. The connection of the lawn sprinkler or irrigation system shall be inspected by the District prior to use. As dictated by the State of Colorado, all lawn irrigation systems must have a reduced pressure principle backflow prevention device installed on the system.

Raw Water Use Fee: If the District diverts raw water from a creek or pumps it from a well and delivers it to the customer, the District will charge 25 percent of the Upper Eagle Regional Water Authority (Authority) retail rate for treated water. Both the Authority and the District will use the same rates. That would be $.068 per 1,000 gallons today. This does not include a charge for the use of a water right. If the customer does not have its own water right, the District would add to the Raw Water Use Fee the Water Right Use Fee as described below.

Water Right Use Fee: If the District provides the water right that is used or irrigation, the District will charge 10 percent of the Upper Eagle Regional Water Authority (Authority) retail rate for treated water. That would be $0.27 per 1,000 gallons today.

5.4 Conditional Service
The District reserves the right to issue a notice of conditional service against the property title where a condition(s) exists which is not in compliance with District Rules and Regulations, but water and/or sewer service to the property may continue. The notice will provide that as a condition of receiving service the customer agrees to indemnify and hold the District harmless for any damage resulting from existence of the condition. Examples are connection to private mains not owned or maintained by the District, lack of easements for access and maintenance, and construction not in accordance with District specifications.

5.5 Denial of Service
The District reserves the exclusive right to deny application for service when, in the opinion of the District, the service applied for would create an excessive seasonal or other demand on the facilities. Denial may also be based upon an unresolved obligation between the District and the applicant, inadequate documentation of easements for main lines serving the property, or any other reason as determined by the District.

5.6 Cancellation of Permit
The District reserves the right to revoke any prior approval of a permit before service has been provided, and the right to revoke service after it has commenced for any violation of these Rules and Regulations.

5.6.1 Revocation of Tap Rights
The right to connect to the District's system and to receive services under Section 4.3 Use of Systems, shall be revocable by the District upon non-payment of any fees owed to the District and remaining unpaid for a period of thirty (30) days, whether or not the customer owning the right to connect has actually connected to the District's system. Such revocations shall be conducted in accordance with the procedures outlined in Section 4.3.5 Revocation of Service. If the right to connect to the District's system is revoked, the customer may reacquire such tap rights by reapplying for service in accordance with Section 5.2 Application for Service. The reapplication will be considered only after payment of all fees due and owed the District and the current tap fees charged by the District under these Rules and Regulations.