20040608Application.pdf

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May 28 2004
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TO:Idaho Public Utilities Commission
Commission Secretary
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FROM:Diamond Bar Estates LLC dba
Diamond Bar Estates Water Co
SUBJECT:Area Extension
PURPOSE:Extension of water lines
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We need to expand our certificated service territory to agree with the enclosed map and
legal description involved.
It is requested that the Diamond Bar Estates LLC dba Diamond Bar Water Co, a water
utility in Kootenai County, Idaho, more particularly described as a portion of the North %
of section 3, Township 51 North, Range 4 West, Boise Meridian, Kootenai County Idaho
be granted an extension of its service area to include a portion of the SE % of Section
, Township 52, North Range 4 West, Boise Meridian Kootenai County Idaho (70
acres) to service approximately 14/5 acres lots with domestic/irrigation water from 1/1 to
12/31. See enclosed area map.
The rate that was established for the Diamond Bar Estates Water Co will be applied for
this subdivision order #29247.
Please review and grant Permission at your earliest convenience as the construction is
due to start July 15 2004.
Respectfully \
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Bob Tumipseecf/
Diamond Bar Estates Water
STATE OF IDAHO
DEPARTMENT OF
ENVIRONMENTAL QUALITY
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June 1, 2004
Dirk Kempthorne, Governor
C. Stephen Allred, Director
2110 Ironwood Parkway. Coeur d'Alene, Idaho 83814-2648. [phone]
Mr. Craig Singer
11463 Riverview Dr
Post Falls, ID 83854
RE:Boekel Estates Subdivision
Dear Mr. Singer:
Revised plans and specifications submitted by Roger Glessner to DEQ on May 5, 2004 have been
reviewed. This project was originally reviewed and approved by our office on May 11,2004 conditional to
the following. The revisions appear to be minor with regards to the water system, however these conditions
still apply.
Irrigation services are shown at each connection. Installation of appropriate backflow prevention
devices at each irrigation connection are required prior to providing water service.
Several of the details shown on the plans were unreadable. Clear details should be shown on
plans for construction. Clear details must be shown on the as-built plans.
The revised plans and specifications have been reviewed and are hereby approved for construction
purposes in accordance with the Idaho Rules for Public DrinkinQ Water Systems and Section 39-118 of
Idaho Code.
Inspection of construction activities approved herein must be done by an Id~ho licensed Professional
Engineer (P.) or by someone under the direct supervision of a P.
If major modifications to this accepted design are necessary, the design engineer must secure DEQ
approvai of the changes prior to implementation of the changes.
Section 39-118 of Idaho Code requires preparation of complete and accurate as-built plans as certified by
the inspecting engineer. The as-built plans need to be submitted to DEQ for review and approval within
thirty (30) days of completion of construction. If construction is not completed within one year of the date
of this letter, the DEQ construction approval expires. An extension may be granted if the design engineer
submits a written request that DEQ re-approve the plans and specifications.
Sincerely,
, "
Alan Miller Ell
Roger Glessner, Inland NW Consultants, 620 Post St, Post Falls 83854
Robert Turnipseed, Diamond Bar Est.PO Box 1870, Hayden 83835
Robert Smith, Idaho PUC, PO Box 83720, Boise 83720-0074
PHD/CDA
File: Diamond Bar Estates (# 8061 & 7988
WATER MAIN EXTENSION AGREEMENT
DIAMOND BAR ESTATES LLC
THIS AGREEMENT is entered into on the date set forth below, by and between
DIAMOND BAR ESTATES LLC, an Idaho limited liability company, dba DIAMOND BAR
ESTATES WATER COMPANY located at P.O. Box 1870, Hayden, Idaho 83835 (herein referred
to as "DIAMOND WATER") and WALTER AND GRACE SINGER, husband and wife at 11463
W. Riverview, Post Falls Idaho 83854 (herein referred to as "SINGER"
RECITALS:
A. DIAMOND WATER owns two wells and currently provides domestic water
services to DIAMOND BAR ESTATES , and is a public Utility governed by the Idaho Public
Utility Commission (Commission).
B. SINGER is the owner of and is developing approximately 70 acres of land
neighboring DIAMOND BAR ESTATES, LLC, and intends to plat 14 lots, more particularly
described in Exhibit "A" (herein referred to as "BOEKEL ESTATES") all of which lots require
domestic water service.
C. It is the purpose and intent of the parties that DIAMOND WATER will provide
domestic water delivery and maintenance under the terms of this Agreement and the General
Rules and Regulations Governing this Agreement attached hereto as Exhibit "C" and by this
reference made a part hereof.
NOW, THEREFORE , based on the agreements and covenants provided herein, it is
agreed as follows:
DEFINITIONS
All definitions provided herein shall apply to this Agreement and the General
Rules and Regulations Governing this Water Main Extension Agreement adopted
hereunder.
1 "Adjusted Construction Cost", for the purposes of this Rule , shall bereasonable and shall not exceed the costs recorded in conformity with generally
accepted water Utility accounting and sound engineering practices , and as specifically
defined in the Uniform System of Accounts for Water Utilities prescribed by the
Commission , of installing, facilities of adequate capacity for the service requested. If theUtility, at its option , should install facilities with a larger capacity or resulting in a greater
footage of extension than required for the eservice requested , the "adjusted construction
cost" , for the purposes of this Rule, shall be determined by the application of an
adjustment factor to actual construction cost of facilities installed. This factor shall be
the ratio of estimated cost of required facilities to estimated cost of actual facilities
installed.
WATER MAIN EXTENSION AGREEMENT - DIAMOND BAR ESTATES LLC
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2. "Agreement" and "Main Line Extension Contract" shall mean this
Agreement between DIAMOND BAR ESTATES LLC, SINGER and his assigns , the
future Customers in BOEKEL ESTATES.
Applicant" shall mean SINGER.
1.4.Commission " shall mean the Idaho Public Utilities Commission.
5. "Customer" or "all Customers" shall mean SINGER, for so long as Singer
owns any lots in BOEKEL ESTATES, and the assigns of SINGER; all of which shall be
water users in BOEKEL ESTATES.
6. "Main Line Extension Contract" shall mean this Agreement between
DIAMOND BAR ESTATES LLC and SINGER and his assigns , the future Customers in
BOEKEL ESTATES.
7. "Rule" shall mean the General Rules and Regulations Governing this
Water Main Extension Agreement attached hereto.
8. "Utility" shall mean DIAMOND BAR ESTATES LLC dba Diamond Bar
Water Co. also referred to as DIAMOND WATER.
21.9. "Water System" or "Facilities "shall mean the main line(s) connections
easements and all necessary appurtenances supporting the water system constructed
under this Agreement all of which is more particularly described in Exhibit "B" attached
hereto and by this reference made a part hereof.
DOMESTIC WATER DELIVERY
1. DIAMOND WATER shall deliver domestic water to Customers of
BOEKEL ESTATES for residential use under the terms and conditions set forth herein.
Residential use is those uses reasonably necessary to support a single family unit such
as drinking water, cooking, bathing, laundry, sanitary uses and irrigation.
2. The rates or charges of DIAMOND WATER for domestic water shall
conform to the regulations of the COMMISSION. It is agreed as of this date, that the
current DIAMOND WATER rate for water delivered to Costumers is Twenty-One Dollars
($21.00) per month , per customer, for the first 7 500 gallons of water and forty-five cents
($.45) per 1 000 gallons thereafter.
3. Customers shall pay to DIAMOND WATER the water charges within ten
(10) days of the date of mailing of the billing statement. Water delivery may be
terminated by DIAMOND WATER as provided in this Agreement for the reasons set
forth herein including, but not limited to, failure to pay DIAMOND WATER water charges
or failure to comply with the terms of this Agreement. DIAMOND WATER shall provide
all required notices and due process proceedings related to termination of water to
Customers under this Agreement.
WATER MAIN EXTENSION AGREEMENT - DIAMOND BAR ESTATES LLC
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2.4. Water supplied by DIAMOND WATER is interruptible and terminable.
SINGER and all Customers understand and agree that DIAMOND WATER shall not
deliver water to BOEKEL ESTATES at any time when DIAMOND WATER is unable to
meet the water requirements of the users within BOEKEL ESTATES boundaries as such
boundaries may exist from time to time or when DIAMOND WATER is unable to meet
the water requirements of other water users with rights to receive water from DIAMOND
WATER superior to rights of SINGER and all Customers pursuant to this Agreement.
SINGER and all Customers understand and agree that DIAMOND WATER does not
grant water rights or water priorities, but, rather, delivers water only as permitted by
state law.
purposes.
Water supplied by DIAMOND WATER shall not be used for commercial
7. DIAMOND WATER agrees and does hereby waive its usual and ordinary
connection fees, (hook-up fees) related to individual connections.
8. SINGER, for so long as Singer owns any lots in BOEKEL ESTATES , and
all Customers shall abide by the General Rules and Regulations Governing the Water
Main Extension Agreement attached hereto as Exhibit "
9. DIAMOND WATER shall provide water to each lot in BOEKEL ESTATES
at a tap-on location stubbed to the property line. The property owner shall be
responsible for construction , maintenance and repair of the water service line and
required cross-connection devices from the tap-on location to the point of ultimate use.
The owner of each lot shall be responsible for any damages to real property, equipment
personal property, or persons , caused by, or-related to , an activity associated with tap-
on to the water system.
10. Any unauthorized tap-on by SINGER, for so long as Singer owns any lots
in BOEKEL ESTATES, or any Customer is grounds for immediate and permanent
termination of service with notice as provided. SINGER, for so long as Singer owns any
lots in BOEKEL ESTATES, or any Customer responsible for such unauthorized tap-on will
be prosecuted to the full extent of the law.
11. Water meters shall be installed by DIAMOND WATER. No meter shall be
moved without the prior written consent of DIAMOND WATER. A Customer is liable for all
damages relating to the unauthorized moving of a meter and/or meter tampering and such
unauthorized movement or tampering of any sort shall be grounds for immediate and
permanent termination of service without notice. Should a meter fail to register, billing for the
water used shall be equal to the higher of (a) the same month of the preceding year, or (b)
the average of the preceding two (2) months.
12. Service lines and other associated facilities from the tap-on location to point
of water usage shall be constructed at the sole expense and risk of the Customer.
Construction criteria for service lines , back flow preventer(s), shut-off valve(s), reducing
valve(s), and other necessary equipment shall be provided by owner pursuant to all federal
state and local standards. Service may be immediately terminated without notice until
installation of service lines, back flow preventer(s) , shut-off valve(s), and/or pressure
WATER MAIN EXTENSION AGREEMENT - DIAMOND BAR ESTATES LLC
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reducing valve(s), and other necessary equipment meet the criteria established by any
federal, state or local agency with jurisdiction. Installation of such equipment shall be at the
sole expense and risk of the Customer and each Customer shall indemnify and hold
harmless DIAMOND WATER for any loss or damage related to such installation.
13 DIAMOND WATER shall remedy defects in the system main lines, pumps
and meters. Each Customer is responsible for repairs and maintenance of all service lines,
cross-connection devices , valves , and equipment from the tap-on location to the point of
ultimate usage. Should DIAMOND WATER be required by any federal, state , or local
agency to increase line size , pump capacity or provide water storage facilities once the
Water System is installed , Customers shall be billed for such costs to reimburse DIAMOND
WATER for such additional Water System expenses.
14 Customers shall immediately repair all line breaks or leaks in service lines or
residences to preclude water waste or damage to property. Failure to immediately repair
such leaks may result in immediate termination of service without notice until such repairs
are completed. Additionally, DIAMOND WATER , in its sole and absolute discretion, has the
right to have such leaks repaired at the sole expense and liability of the Customer, without
prior notice to the Customer. Costs incurred by DIAMOND WATER for such repairs may be
at the sole discretion of DIAMOND WATER , collected from the Customer in the same
manner as provided for mechanics liens. Each Customer hereby grants consent to
DIAMOND WATER to place a lien upon their property for costs associated with repairing
leaks on their property. Each Customer is responsible for any loss/damage caused to
DIAMOND WATER or third parties by leaks on the Customer s lot and costs for such water
usage.
15. Each Customer grants an irrevocable license on , over, under and across
their property to DIAMOND WATER for the purpose of maintaining, expanding, repairing the
Water System , including, the right to make repairs to the Customer s waster facilities, as set
forth in paragraph 2.14. No compensation shall be paid for any use of this license.
DIAMOND WATER has the right to enter any lot at any time for the purpose of monitoring,
maintaining, constructing, repairing, or any other activity related to the Water System, without
prior notice to the Customer. Obstruction or denial of access to any portion of the lot shall be
grounds for immediate and permanent termination of service without notice.
16. Each Customer shall be responsible for the cost of all water used for fire
fighting on the Customer s Lot and shall be responsible for any loss/damage caused to the
DIAMOND WATER or third parties by water used for fire fighting on the Customer s Lot.
17. DIAMOND WATER shall not be liable for any actual or consequential
damages arising from , or related to the intentional or unintentional interruption of water
services, regardless of the cause of the interruption. DIAMOND WATER shall at all times
use reasonable diligence and care to prevent interruption of said water service. EachCustomer, and their successors and assigns agree to indemnify and hold harmless the
DIAMOND WATER for any and all liability related in any fashion to interruption of service.
Further, Customer, and their successors and assigns agree to never file, or assist in the
prosecution of any claim against DIAMOND WATER related in any fashion to the provision
or lack of provision of water service.
18 To reinstitute service that has been disconnected by DIAMOND WATER a
written application must be made to DIAMOND WATER requesting removal of restrictions or
WATER MAIN EXTENSION AGREEMENT - DIAMOND BAR ESTATES LLC
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reinstitution of service after termination. The decision to remove restrictions or reinstate
service is in the sole and absolute discretion of DIAMOND WATER. DIAMOND WATER
shall not be responsible for any liability/damage arising from the restriction or termination of
service, and each Customer agrees to indemnify and hold harmless DIAMOND WATER for
any and all liability relating to restriction or termination of service. DIAMOND WATER shall
charge a disconnect and reconnect fee as allowed by the Commission , as of this date the fee
is $15.00 for service provided during normal business hours and $30.00 for service provided
after business hours and on weekends.
19 DIAMOND WATER reserves the right to sell or transfer (at its option) the
Water System to a home owners association , legally organized water district, public
corporation , non-profit corporation, private individual or corporation. DIAMOND WATER
reserves the unqualified right to extend future water service using the Water System
constructed for BOEKEL ESTATES.
20 No failure to enforce, delay or omission in the exercise of any right or remedy
by DIAMOND WATER of any violation or default by Customer(s) shall impair such a right or
remedy, or be construed as a waiver. The receipt and acceptance by DIAMOND WATER of
delinquent fees or payments shall not constitute a waiver of any other default; it shall
constitute only a waiver of timely payment for the particular payment involved.
21 In case anyone or more of the provisions contained in this Agreement or the
General Rules and Regulations authorized hereunder shall, for any reason , be held to be
invalid , illegal , unconscionable or unenforceable in any respect, such invalidity, illegality,
unconscionability, or unenforceability shall not effect any other provision hereof and this
Agreement and the Rules and Regulations shall be construed as if such invalid , illegal
unconscionable or unenforceable provision had never been contained herein , and all other
terms and provisions hereof will nevertheless, remain effective and be enforced to the fullest
extent permitted by law.
22 In addition to the remedies set forth above, DIAMOND WATER reserves the
right to enforce any restrictions contained herein by any other appropriate action at their
option.
23 The failure of any Customer to comply with the provisions of the Rules and
Regulations shall give rise to a cause of action in favor of DIAMOND WATER and any ag-
grieved lot Customer for the recovery of damages, or for injunctive relief, or both. If legal
action is brought to interpret or enforce compliance with the provisions of this Agreement or
the Rules and Regulations of the Association, then DIAMOND WATER shall be entitled to
judgment against the other party for its reasonable expenses , court costs and attorney s fees
in the amount awarded by the court.
24 DIAMOND WATER shall provide water for fire flow at the locations and in the
amounts required by the Fire District.
25 DIAMOND WATER shall abide by all rules and regulations , including the
testing requirements of the State of Idaho Department of Environmental Quality.
WATER MAIN EXTENSION AGREEMENT - DIAMOND BAR ESTATES LLC
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CONNECTIONS AND EASEMENT.
1. SINGER agrees and confirms that DIAMOND WATER is the owner of the
Water System.
2. Prior to execution of this Agreement, DIAMOND WATER shall deliver to
SINGER a copy of the plans and specifications which will be used to construct the
WATER SYSTEM. SINGER shall deliver to DIAMOND WATER written documentation
recorded in the official records of the Recorder s Office, Kootenai County, Idaho. In form
satisfactory to DIAMOND WATER, granting to SINGER and DIAMOND WATER a good
and valid easement to that property identified and described in Exhibit "The purpose
and terms of the easement should provide substantially as follows:
(Grant of) an easement to enter upon, over, across, through , and under
the property and real estate more particularly described as set forth in
Exhibit "A" to construct , reconstruct, operate, inspect, maintain , remove,
replace and repair the pipeline, vaults , valving, meters and
appurtenances of the Water System.
This easement shall be, at a minimum , five (5) feet each side of the pipe
line location and is for the purpose of conveying water through the
pipeline and includes the right of ingress and egress of persons
materials, vehicles and equipment. The timing, manner and use of the
easement rights herein granted shall be at the sole discretion of
DIAMOND WATER.
3.4. DIAMOND WATER is the sole OWNER and controller of the
Water System which shall be, repaired, maintained , operated, replaced or
reconstructed only under the direction and control of DIAMOND WATER. Such
ownership and control by DIAMOND WATER shall survive any termination of this
Agreement.
RESPONSIBILITY OF THE PARTIES.
1. DIAMOND WATER reserves the right at any time, upon notice, to
shut off the water for maintenance or expansion and, in emergencies, may do so
without notice. DIAMOND WATER shall at all times use reasonable diligence
and care to prevent interruption of said water service.
2. Except in the case of an emergency, no one, except an
authorized DIAMOND WATER representative, is allowed to turn-on or turn-off
the water to BOEKEL ESTATES at the designated service connection.
DIAMOND WATER agrees to build, repair and maintain and
reconstruct the main line and the connections in accordance with standards set
by local, state and federal agencies with legal jurisdiction over water delivery by
DIAMOND WATER. However, DIAMOND WATER shall not be liable or
responsible for harm, loss or damage arising from a defect or break-down of the
DIAMOND WATER pumps or water supply or arising from requirements of water
WATER MAIN EXTENSION AGREEMENT - DIAMOND BAR ESTATES LLC
- 6 -
users superior to SINGER'S and Customer s rights under this Agreement. Nor
with DIAMOND WATER be liable or responsible for harm , loss or damage
arising from power outages , weather related interruption in water service or
other acts of nature beyond the control of DIAMOND WATER. DIAMOND
WATER does not warrant the quality of water to be furnished to SINGER, and
Customers. DIAMOND WATER shall not be subject to any debt or liability of
SINGER and shall not pledge any of its faith or credit to aid SINGER.
NOTICE
Unless either party provides notice to the other in writing of
change of address as specified in this paragraph , any notice required by this
Agreement shall be deemed sufficient if delivered personally or mailed , postage
prepaid, to DIAMOND WATER or to SINGER as follows:
Diamond Bar Estates Water Company
O. Box 1870
Hayden, 10 83835-0081
Walter and Grace Singer
11463 W. Riverview
Post Falls Idaho 83854
PRIOR UNDERSTANDINGS AND AGREEMENTS NULL AND VOID.
This Agreement sets forth the entire Agreement between the parties.
2. This Agreement may not be amended or modified except in writing signed
by the parties.
CAPTIONS.
The paragraph heading are for convenience of reference only and shall not
control or affect the meaning of any provision of this Agreement.
AUTHORITY OT EXECUTE AGREEMENT
All signatories to this Agreement warrant and represent that they have the power
and authority to execute this Agreement and bind the entity they indicate they are
representing.
AGREEMENT RUNS WITH THE LAND
This Agreement shall run with the land and shall be binding on and inure to the
benefit of the future Customers of each lot in BOEKEL ESTATES. The easements and
rights granted herein exist in perpetuity and shall inure to the benefit of and be binding
upon the heirs, assigns and successors in interest of DIAMOND WATER and SINGER.
10.GOVERNING LAW
This agreement shall be governed by and construed in accordance with the laws
of the State of Idaho.
WATER MAIN EXTENSION AGREEMENT - DIAMOND BAR ESTATES LLC
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11.INTERPRETATION
The parties agree in all cases that the language of this Agreement will be
construed simply, according to its fair meaning, and not strictly for or against either
party.
12.ATTORNEY'S FEES
In the event of any controversy, claim, or dispute relating to this Agreement or its
breach , the prevailing party shall be entitled to recover reasonable expenses, attorney s fees
and costs.
13.INDEPENDENT REVIEW
SINGER has been advised to seek review of this Agreement by independent legal
counsel , and by his signature below, he represents that he fully understands and accepts the
terms set forth herein.
IN WITNESS WHEREOF, the parties pursuant to authority of the respective entities
have executed this A9
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~t on th~~::S set forth in the respective acknowledgments below,
DATED this
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day ofWY 2004.
DIAMOND BAR ESTATES WATER DIAMOND WATER"SINGER"
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/ ROBERT N. TURNIPS" ED , Member
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GRACE SINGER
STATE OF IDAHO
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0' tt((f1~~/ On this C'o day of JX.~rtl QO04 before me , a Notary Public personally
appeared ROBERT N. TURNIPSEED, known or identified to me , to be the11/\1UrivltJ, /Jli;/z.Jt;,f?!L-
DIAMOND BAR ESTATES WATER DIAMOND WATER, that executed the said rument, and
WATER MAIN EXTENSION AGREEMENT - DIAMOND BAR ESTATES LLC
- 8 -
acknowledged to me that such DIAMOND BAR ESTATES WATER DIAMOND WATER
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
) ss.County of Kootenai
On this )~ay Of~~4 , before me, the undersigned, a Notary Public for the
State of Idaho, personally appeared WALTER AND GRACE SINGER, known or identified to me
to be the person(s) whose name is subscribed to the within instrument , and acknowledged to
me that he/she executed the same.
STATE OF IDAHO
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first abov yYritfen) tli i
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WATER MAIN EXTENSION AGREEMENT - DIAMOND BAR ESTATES LLC
- 9 -
GENERAL RULES AND REGULATIONS GOVERNING THE
DIAMOND WATER WATER MAIN EXTENSION AGREEMENT
INTERRUPTION OF WATER SERVICE
DIAMOND WATER reserves the right at any time, upon notice, toshut off the water for maintenance or expansion and , in emergencies, may do so
without notice. DIAMOND WATER shall at all times use reasonable diligence
and care to prevent interruption of said water service.
2. Except in the case of an emergency, no one, except an authorized
DIAMOND WATER representative, is allowed to turn-on or turn-off the water on
the DIAMOND WATER'S side of the service connection.
MAIN LINE EXTENSIONS
1. All extensions of distribution mains from the DIAMOND WATER
existing distribution system , to serve new Customers, except for those
specifically excluded below shall be made under the provisions of this Rule
unless specific authority is first obtained from the Commission to deviate
therefrom. A Main Extension Contract shall be executed by the DIAMOND
WATER and the Applicant or Applicants for the main extension before the
DIAMOND WATER commences construction work on said extensions or, if
constructed by Applicant or Applicants, before the Facilities comprising the main
extension are transferred to the DIAMOND WATER.
2. Extensions solely for fire hydrant, private fire protection, resale
temporary standby, or supplemental service shall not be made under this Rule.
CROSS-CONNECTION BACKFLOW PREVENTION DEVICES
Backflow prevention assemblies shall be installed at the service
connection or within any premises, where in the judgment of DIAMOND
WATER or certified cross connection specialist, the nature and extent of activity
on the premises , or the materials,used in connection with the activities, or
materials stored on the premises would present an immediate and dangerous
hazard to health should a cross connection occur, even though such cross
connection does not exist at the time the backflow prevention device is requiredto be installed. This includes:
Premises having an auxiliary water supply.
Premises having internal cross connections that are not
correctable, or intricate plumbing arrangements which make it impractical to
ascertain whether or not cross connections exist.
GENERAL RULES AND REGULATIONS GOVERNING THE DIAMOND WATER MAIN
EXTENSION AGREEMENT
1 -
Premises where entry is restricted so that inspections for cross
connections cannot be made with sufficient frequency or at sufficient short
notice to assure that cross connections do not exist.
Premises having a repeated history of cross connections being
established or re-established.
Premises on which any substance is handled under pressure so
as to permit entry into the public water system, or where a cross connectioncould reasonably be expected to occur. This includes the handling of processwaters and cooling waters.
Premises where materials of a toxic or hazardous nature are
handled such that if back siphonage should occur, a serious health hazard mayresult.
All facilities requiring mandatory service protection as provided in
IDAPA 16.01.08 - Idaho Rules for Public Drinking Water Systems now as it may
be amended from time to time.
The owner and the occupant of every premises which has a
permanently installed irrigation system or which uses on the premises any non-
potable water, must obtain a certificate of compliance from the DIAMOND
WATER. A certificate will be issued only if the system is in compliance with this
Rule.
DIAMOND WATER, or a designated agent, will administer the
provisions of this Rule. DIAMOND WATER will designate cross connection
specialists and shall recommend all needful rules and regulations to carry these
provisions into effect. Any deviation, modification or changes from approved
standards must be approved by DIAMOND WATER or a DIAMOND WATER
designated representative.
Definitions.
Auxiliary Supply" means any water source or system other than the
DIAMOND WATER water system , that may be available in the building or on
the premises.
Backflow" means the flow other than the intended direction of flow, ofany foreign liquids, gases, or substances into the distribution of the public watersystem.
Back pressure" means backflow caused by a pump, elevated tank
boiler, or other means that could create pressure within the system greater than
the potable water supply system.
GENERAL RULES AND REGULATIONS GOVERNING THE DIAMOND WATER MAINEXTENSION AGREEMENT
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Air Gap" (AG) air gap separation means the unobstructed vertical
distance through the free atmosphere between the lowest opening from anypipe or faucet supplying water to tank, plumbing fixture, or other device and the
flood level rim of the receptacle, and must be at least double the diameter of the
supply pipe measured vertically above the flood level rim of the vessel. In nocase may the gap be less than one inch.
Approved Assembly" shall mean any backflow prevention assembly
which has satisfactorily completed laboratory and field test by an independent
laboratory recognized by the Idaho Department of Environmental Quality
including the following:
Back siphonage" means a form of backflow due to a negative or
subatmospheric pressure within the water system.
Backflow prevention assembly" means an assembly to counteract back
pressures or prevent back siphonage.
Cross connection" means any physical arrangement whereby a public
water system is connected , directly or indirectly, with any other non-potablewater system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture , orother device which contains, or may contain , contaminated water, sewage, orother waste liquid of unknown or unsafe quality which may be capable of
imparting contamination to the public water system as a result of backflow.
Bypass arrangements, jumper connections, removable sections , swivel or change-over devices, or other temporary or permanent devices through which
or because of which, backflow may occur are considered to be cross
connections.
Designee or Designated" means an employee or entity contracted by
the DIAMOND WATER to enforce the provisions of this Rule.
Double check valve assembly" (DCVA) means an assembly
composed of two single, independently acting check valves , including resilientseated tightly closing shutoff valves located at each end of the assembly and
equipped with properly located resilient seated test cocks for testing the
watertightness of each check valve.
Pressure Vacuum Breaker Backsiphonage Prevention Assembly
(PVBA) means an assembly containing an independently operating internally
loaded check valve and an independently operating internally loaded air inlet
valve located on the discharge side of the check valve. The assembly is to be
equipped with properly located resilient seated test cocks and tightly closing
resilient seated shutoff valves attached at each end of the assembly. This
assembly is designed to protect against a backsiphonage condition only.
Reduced pressure principle backflow prevention assembly" (RPBA)means an assembly incorporating two or more check valves and an
GENERAL RULES AND REGULATIONS GOVERNING THE DIAMOND WATER MAINEXTENSION AGREEMENT
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automatically operating differential relief valve located between the two checks
two resilient seated shutoff valves, one located at each end of the assembly and
equipped with properly located resilient seated test cocks for testing. The
assembly must operate to maintain the pressure in the zone between the two
check valves, less than the pressure on the public water system side of the
assembly. At cessation of normal flow, the pressure between the check valve
must be less than the supply pressure. In case of leakage of either check valve
. the differential relief valve must operate to maintain the reduced pressure by
discharging to the atmosphere. When the inlet pressure drops below twopounds per square inch , the relief valve must open to the atmosphere thereby
providing an atmospheric zone between the two check valves.
Water - Metered Water Service Connection" means the terminal end of
a service connection from the DIAMOND WATER's water system (that is, wherethe DIAMOND WATER loses control over the water at its point of delivery to the
customer s system), being the downstream end of the meter. There should be
no unprotected takeoffs from the service line ahead of any backflow prevention
device. Service connections shall also include metered or un-metered water
service connections from a fire hydrant and all other temporary or emergency
water service connections to the DIAMOND WATER's water system.
Except as herein provided , all cross connections, whether or notthey are controlled by automatic devices such as check valves or by hand
operated mechanisms such as gate valves or stop clock, are prohibited. Any
reinjection of water by individual, commercial or industrial uses, to the publicwater system is specifically prohibited. Water to water and water to air heat
exchangers are considered a cross connection because of health risks. Any
modifications allowing reinjection are prohibited. Failure on the part of persons
firms, or corporations to discontinue the use of all cross connections and to
physically separate cross connections is sufficient cause for the immediate
discontinuance of public water services to the premises.
Any protective device required by this Rule shall be a model
approved by the certified cross connection specialist. A double check valve
assembly or a reduced pressure principle backflow prevention assembly will be
approved if it has successfully passed performance tests of the University of
Southern California, Foundation for Cross Connection Control and Hydraulic
Research, or other testing laboratories satisfactory to the certified cross
. connection specialist or otherwise meets standards acceptable to the certified
cross connection specialist. Backflow prevention assemblies which are in
service but are not listed shall be permitted to remain in service provided they
(1) were listed on the current Approved Cross Connection Control Assembly
List at the time they were installed, (2) are properly maintained , (3) are
commensurate with the degree of hazard , and(4) are tested and successfully
pass the test annually. When these assemblies are moved, or require morethan minimum maintenance, they shall be replaced by an assembly which is on
the current list of approved assemblies. To maintain their approval status all
assemblies must be delivered to the job site and be installed with the shutoff
GENERAL RULES AND REGULATIONS GOVERNING THE DIAMOND WATER MAINEXTENSION AGREEMENT
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valves #1 and #2 and test cocks which are supplied by the device manufacturer.The type of prevention device required depends on the degree of hazard whichexists which include but are not limited to the following:
1. An air-gap separation or reduced principle backflow
prevention assembly shall be installed where the water supply may be
contaminated by sewage, industrial waste of a toxic nature or other
contaminant which could cause a health or system hazard.
2. In the case of a substance which may be objectionable
but not hazardous to health, , a air-gap separation or a reduced pressure
principle backflow prevention assembly, or a double-check valve
assembly shall be installed.
3. Lawn sprinkler systems, which are supplied byDIAMOND WATER water only, shall be required to have a double check
valve backflow prevention assembly, or a pressure vacuum breaker
assembly, or atmospheric vacuum breaker assembly depending on the
design of the sprinkler system and potential risk to the potable water
supply. Backflow prevention assemblies larger than one inch will submit
design and approval will be made by DIAMOND WATER or a DIAMOND
WATER designated cross connection specialist. All backflow preventionassemblies shall be of a type approved by the Idaho Department of
Environmental Quality.
Backflow prevention assemblies required by this Rule must be
installed at the meter on metered accounts, at the property line of the premiseswhen meters are not used, or at a location designated by the certified cross
connection specialist so as to be readily accessible for maintenance and testing,
where no part of the device will be submerged or hidden from proper inspection.
Backflow prevention assemblies required by this Rule shall be
inspected and approved only by the DIAMOND WATER certified cross
connection specialist. Inspections shall be required at the time of installation
and annually thereafter unless additional inspections are required as specifiedherein.
All backflow devices required by this Rule shall be of the correct
type as required by the DIAMOND WATER and be selected from the State of
Idaho approved list.
10 DIAMOND WATER shall establish fees for each inspection of
backflow prevention devices by resolution. The fee shall be an additional
charge to the regular water bill and shall be paid within 10 days of the date of
mailing of the billing statement.
11 An annual inspection of the reduced pressure principle backflow
assembly, and the double check valve assembly is hereby required. More
GENERAL RULES AND REGULATIONS GOVERNING THE DIAMOND WATER MAINEXTENSION AGREEMENT
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frequent inspection may be required, at the discretion of DIAMOND WATER
when successive inspections indicate that the installed devise has failed or mayfail or the nature of the cross connection hazard reasonable necessitates more
frequent inspections.
12 Each backflow prevention assembly shall be tested to insure that
it functions properly upon installation, after repairs , after being relocatedmoved, or reinstalled, and annually. DIAMOND WATER, and/or a certifiedcross connection specialists shall inspect and test each assembly. If the testindicates the assembly must be repaired , the DIAMOND WATER shall notify the
property owner and allow up to sixty (60) days for the property owner to have
the assembly properly repaired. Upon repair, the property owner shallimmediately submit to DIAMOND WATER a record of the repair work and areport from DIAMOND WATER, or designee , that a satisfactory final test has
been completed.
13 The failure of the customer to cooperate in the installation
maintenance, test or inspection of backflow prevention assemblies required by
this Rule is grounds for termination of water services to the premises or
requiring air-gap separation. Any reconnection of a service not authorized by
the DIAMOND WATER when water service has been disconnected from the
DIAMOND WATER water system for noncompliance with this Rule shall begrounds for termination of water service without notice. Each day of a violation
shall be considered a separate offense. Each offense may be punishable by a
fine of up to $300.00 and each day. This Rule may also be enforced byappropriate civil cfction in a court of competent jurisdiction.
4. OWNERSHIP, DESIGN AND CONSTRUCTION OF WATER SYSTEMFACILITIES
1. Any Water System Facilities installed hereunder shall be the sole
property of DIAMOND WATER. In those instances in which title to certainportions of the installation, such as fire hydrants, will be held by a politicalsubdivision, such Facilities shall not be included as a part of the main extension
under this Rule.
2. The size, type, quality of materials , and their location shall bespecified by DIAMOND WATER; and the actual construction shall be done by
the DIAMOND WATER or by a constructing agency acceptable to it.
3. Where the property of an Applicant is located adjacent to a right-
of-way exceeding 70 feet in width, for a street, highway or other public purpose
regardless of the width of the traveled way or pavement; or a freeway, waterway
or railroad right-of-way, DIAMOND WATER may elect to install a main extensionon the same side thereof as the property of the Applicant, and the estimated andadjusted construction costs in such case shall be based upon such an extension.
GENERAL RULES AND REGULATIONS GOVERNING THE DIAMOND WATER MAINEXTENSION AGREEMENT
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4.4. When an extension must comply with an Rule , regulation, orspecification of public authority, the estimated and adjusted construction costs of
said extension shall be based upon the Facilities required to comply therewith.
ESTIMATES, PLANS AND SPECIFICATION
Upon request by a potential Applicant for a main extension
DIAMOND WATER shall prepare, without charge, a preliminary sketch andrough estimates of the cost of installation to be built by DIAMOND WATER.
Any Applicant for a main extension requesting the DIAMOND
WATER to prepare detailed plans, specifications, and cost estimates shall be
required to deposit with the DIAMOND WATER an amount equal to the
estimated cost of preparation of such material. DIAMOND WATER shall , uponrequest, make available within 45 days after receipt of the deposit referred to
above, such plans, specifications and cost estimates of the proposed main
extension. If the extension is to include over sizing of Facilities to be done at the
DIAMOND WATER's expense, appropriate details shall be set forth in the plans
specification and cost estimates.
In the event a Main Extension Contract with the DIAMOND
WATER is executed within 180 days after the DIAMOND WATER furnishes thedetailed plans and specifications, the deposit shall be for a part of the advance
and shall be refunded in accordance with the terms of the Main Extension
Contract. If such contract is not so executed, the deposit to cover the cost ofpreparing plans, specifications and cost estimates shall be forfeited by the
Applicant for the main extension and the amount of the forfeited deposit shall be
credited to the account of accounts to which the expense of preparing said
material was charged.
When detailed plans, specifications and cost estimates arerequested, the Applicant for a main extension shall furnish a map to a suitable
scale showing the street and lot layouts and , when requested by the DIMONDWATER, contours or other indication of the relative elevation of the various parts
of the area to be developed. If changes are made subsequent to the
presentation of this map by the Applicant, and these changes require additionalexpense in revising plans, specifications and cost estimates , this additionalexpense shall be borne by the Applicantj not subject to refund , and the additionalexpense thus recovered shall be credited to the account or accounts to which the
additional expense was charged.
TIMING AND ADJUSTMENT OF ADVANCES
1. Unless the Applicant for the main extension elects to arrange for
the installation of the extension himself, as permitted by Section 31.1 C, the fullamount of the required contribution must be provided to the DIAMOND WATER
at the time of execution of the Main Extension Agreement.
2. An Applicant for a main extension who contributes funds shall be
provided with a statement of actual construction cost and adjusted construction
GENERAL RULES AND REGULATIONS GOVERNING THE DIAMOND WATER MAINEXTENSION AGREEMENT
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cost showing in reasonable detail the cost incurred for material , labor, any otherdirect indirect costs overheads, and total costs; or unit costs; or contract costs
whichever are appropriate.
3. Said statement shall be submitted within sixty (60) days after the
actual construction costs of the installation have been ascertained by the
DIAMOND WATER. In the event that the actual construction costs for the entire
installation shall not have been determined within 120 days after the completionof construction work, a preliminary determination of actual and adjusted
construction costs shall be submitted based upon the best available information
at that time.
4. Any differences between the adjusted construction costs and the
amount contributed shall be shown as a revision of the amount of advance and
shall be payable within thirty days of submission of statement.
INTERPRETATIONS AND DEVIATIONS
1. In case of disagreement or dispute regarding the application of
any provision of this Rule, or in circumstances where the application of this Rule
appears unreasonable to either party, DIAMOND WATER, Applicant orApplicants may refer the matter to the Commission for determination.
EXTENSIONS TO SERVE INDIVIDUALS
The Applicant or Applicants for service shall be required to
advance to the DIAMOND WATER, before construction is commenced, theestimated reasonable cost of the main line extension inclusive of the cost of
service pipes, meter boxes and meters. Such estimated reasonable costs shall
be based upon the cost of a main not in excess of 8 inches in diameter except
where a larger main is required by the special needs of the Applicant or
Applicants.
EXTENSIONS TO SERVE SUBDIVISIONS, TRACTS, HOUSING
PROJECTS, INDUSTRIAL DEVELOPMENTS OR ORGANIZED
COMMERCIAL DISTRICTS
1. An Applicant for a main extension to serve a new subdivision
tract, housing project or industrial development or organized commercial district
shall be required to make a non-refundable contribution to the DIAMOND
WATER, before construction is commenced , the estimated reasonable cost ofthe extension to be actually installed , from the nearest DIAMOND WATER facility
at least equal in size or capacity to the main required to serve both the new
Customers and a reasonable estimate of the potential Customers who might be
served directly from the main extension without additional extension. The costsof the extension shall be included necessary service stubs or service pipes
fittings, gates and housing therefore , and meter boxes, but shall not includemeters. To this shall be added the cost of fire hydrants when requested by the
GENERAL RULES AND REGULATIONS GOVERNING THE DIAMOND WATER MAINEXTENSION AGREEMENT
- 8 -
Applicant of the main extension or required by public authority, whenever such
hydrants are to become the property of the DIAMOND WATER.
2. If, for any purpose, special facilities are required primarily for the
service requested , the cost of such special facilities may be included in the
contribution.
10.MISCELLANEOUS
10.No Customer shall permit any person from another premise to
take water from his or her water service tap for more than one (1) week without
the written permission and consent of the DIAMOND WATER.
10.No person acting either on his or her own behalf or as agent of
any person, firm , corporation or municipality, not authorized by the DIAMOND
WATER, shall take any water from any fire hydrant on the DIAMOND WATER'
system except in the case of an emergency.
. 10.No person shall place upon or about any hydrant, gate, box
meter, meter box or other property of the DIAMOND WATER, any building
material or other substance so as to prevent free access at all times to the same.
10.4 Service will be maintained to domestic Customers on a
preferential basis. Delivery of water under all schedules may be restricted
interrupted or curtailed at the discretion of DIAMOND WATER in case of
shortage or threatened shortage of water.
10.No rate contract or application is assignable from one user to
another, except upon Agreement of all parties concerned.
10.The representative of DIAMOND WATER shall be given access to
the premises of the Customer at all reasonable hours for obtaining meter
readings, for turning on or shutting off the flow of water for inspecting, removing,
repairing or protecting from abuse or fraud any of the property of the DIAMOND
WATER installed on the premises. Access shall be granted at all times for
emergency purposes.
10.No one, except an authorized agent of DIAMOND WATER, shall
tamper with , interfere with, make repairs connections or replacements of or to
any of the property of DIAMOND WATER.
10.The Customer will not materially increase his demand or use of
service without giving due notice of such increases, especially in cases of un-
metered service. In the event of such increase, the Customer will pay DIAMOND
WATER'S approved rates for such increased service. In cases of un-metered
commercial service, DIAMOND WATER may determine that the service should
be metered and the Customer will be billed under the appropriate approved
metered rates.
GENERAL RULES AND REGULATIONS GOVERNING THE DIAMOND WATER MAIN
EXTENSION AGREEMENT
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10.Whenever an Applicant desires services of a character for which
there is no available service classification , a contract may be executed in lieu of
a tariff. Any such contract is subject to the approval of the Commission.
10.10 The Customer is held responsible for any violation of these Rules
and Regulations even though the breech is committed by someone employed
either directly or indirectly by the Customer.
10.11 Copies of DIAMOND WATER'S rates and Rules and regulations
will be provided to Customers upon request and in accordance with the Rules of
Customer Relations.
F:'I'ILESlnTURNIPSDIDIAM-BAR.ESnslnger'Water Main Extension Age RuI... and R_.doc
GENERAL RULES AND REGULATIONS GOVERNING THE DIAMOND WATER MAIN
EXTENSION AGREEMENT
10 -
LARGE COLORED MAP
ATTACHED
SEE CASE FILE