ARTICLE 1

GENERAL

1-1       SCOPE:  These Rules and Regulations are promulgated pursuant to the authority granted in Section 32-1-1001(1)(m), C.R.S., as a comprehensive body of regulations governing the operations of the District, and shall supersede and have priority over any and all informal practices or policies of the District, whether in written form or otherwise.

1-2       PURPOSE:  The purposes for which this District was organized are, subject to all rights, powers, rules, regulations and policies of the District:

            1-2-1    To construct, operate and maintain a domestic water distribution system and to provide a source of potable water within the area of the District as may be economically feasible from dependable and reliable source or sources from time to time;

            1-2-2    To construct, operate and maintain a sanitary sewer (sewerage) system to collect, transmit, and treat wastewater within and from the area of the District; and

            1-2-3    To construct, operate and maintain cost-efficient wastewater treatment facilities which consistently meet or exceed federal, state and local regulations, and which consistently provide a high level of water quality in the Ten Mile River Basin and downstream.

1-3       SERVICES AND FACILITIES:  The services and facilities provided by the District consist of water mains and distribution lines and structures, sewer collection and transmission lines and structures, related equipment and fixtures, and appurtenances thereto, together with services necessary to the proper operation and maintenance thereof rendered to the District under contracts with other governmental entities and private consultants and contractors.

1-4       AREA SERVED:  The area served and to be served by the District is the area included within the boundaries of the District as shown on the map thereof currently on file with the Board of County Commissioners of Summit County, Colorado, with the Division of Local Government of the Department of Local Affairs of the State of Colorado.  Nothing herein shall be construed to obligate the District to provide service if: a) water is unavailable; b) it would be cost prohibitive to provide the service; c) providing new service would interfere with existing service commitments; or d) providing service would be hazardous or detrimental to the District or its users.

1-5       USAGE, TITLES AND CROSS REFERENCES:  All words and phrases shall be construed and understood according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a particular and appropriate meaning in the law shall be construed and understood according to such particular and appropriate meaning.  The title of any heading in these Rules and Regulations shall not be deemed in any way to restrict, qualify, or limit the effect of the provisions set forth in the section or subsection set forth under each heading.  Cross referencing is done for convenience only; the absence of same does not necessarily mean that no other section applies, and the presence of a cross reference note is not necessarily exhaustive.

1-6       AMENDMENTS; REPEAL; ADDITIONS:  These Rules and Regulations are dated per the attached letter of adoption and effective as of that date.  Additions and amendments to and repeals and reenactments of any of the provisions of these Rules and Regulations shall be made by Resolutions of the Board taking such action by specific reference to the Article, Part, Section and Paragraph number hereof.  Upon the effective date of any such resolution, the District shall prepare new or reprinted pages incorporating herein the changes so enacted, and such new or reprinted pages shall be prima facie evidence of such action until such time as these Rules and Regulations, as subsequently amended, are readopted as a new set of Rules and Regulations.

1-7       PRIOR OFFENSES; CONTRACTS NOT AFFECTED:  Nothing in these Rules and Regulations shall affect any offense or act committed or done, or any obligation, penalty or forfeiture incurred by any person, or any contract or right established or accruing before the effective date of these Rules and Regulations.

1-8       SEVERABILITY:  Should any one or more sections or provisions of these Rules and Regulations be judicially determined in-valid or unenforceable, such judgment shall not affect, impair or invalidate the remaining provisions of these Rules and Regulations, the intention being that the various sections and provisions hereof are severable.

1-9       DISTRICT SYSTEM:

            1-9-1    Ownership.  The District exercises the responsibilities of full ownership of the existing District System and, in the future, shall accept ownership responsibilities for only those additional facilities which have been formally conveyed to and accepted by the District in accordance with Article 6 below.

            1-9-2    Operation and Maintenance.  The District operates, maintains, repairs and replaces the District System.  Such services include, without limitation, inspections of private premises upon such advance notice as is reasonable in the circumstances, in addition to periodic, systematic inspection and maintenance of District facilities.
                        (Cross reference:  9A-1 SERVICE LINES)

            1-9-3    Repair Shut-offs.  The District may, without notice and without liability to anyone, suspend service when necessary repairs to the District system require the same.

1-10     SERVICE OUTSIDE THE DISTRICT:  The District has no obligation whatever to provide any service outside of its legal boundaries, except as provided in any agreement entered into prior to the adoption of this provision.  The Board may permit connection to the District System by persons or entities located outside the District's legal boundaries, or lease or contract to provide excess capacity in lines owned by the District, but such permits, leases or contracts shall be in writing and shall provide for limitation on connections to whatever extent may be necessary to enable the District to meet its primary obligations to provide service to the residents of the District.  All such permits, leases or contracts shall be subject to the Rules and Regulations of the District, and shall contain payment terms sufficient for the District to be fully reimbursed for the costs of furnishing service, with an additional amount to be determined by the Board.  Permits, leases or contracts, at amounts less than the above minimum, may be made if warranted by economics, but an agreement providing for such lesser amounts shall not extend for more than one year or shall be revocable by the District.
            (Cross reference:  5-11 EXTRA-TERRITORIAL SERVICE)

1-11     CONNECTION REQUIRED:         

            1-11-1 Requirement.  Unless exempted by the Board for good cause and in conformity with applicable statutes and regulations, all improvements within the District Boundaries requiring water service or wastewater disposal service may be required to be connected to the District System if District facilities are within 400 feet of the boundary of the parcel of property on which such improvements are located.  Such connection shall be made within 60 days after written notice to the Property Owner by the District, and any existing private water system shall be rendered inoperative, and any existing private wastewater disposal system, including but not limited to septic systems, vaults, tanks, grease traps, oil or sand traps or any other holding tank connected to wastewater disposal, shall thereupon be properly emptied, cleaned and filled with pea gravel.

            1-11-2  Exemptions.  During the construction of any improvements, temporary toilet facilities may be used in accordance with the regulations of the Summit County Health Department or of the Colorado Department of Public Health and Environment (CDPHE), but as soon as such improvement is connected to District facilities, such use shall be abandoned and all evidence of such use properly covered or disposed of.  Further, the Board may authorize a private wastewater disposal system upon approval thereof by the Summit County Health Department.
                        (Cross reference:  9A-6 PRIVATE DISPOSAL SYSTEMS)

                        1-11-2.1 Where water service to any parcel of land is considered by the District and the owner of said land not to be reasonably available at the time said landowner seeks water service from the District, said parcel of land may be served on a temporary basis with water from a well or wells to be constructed by the landowner at the landowner's expense, subject to the following limitations.  Any such plan for an alternate supply of water must be approved by the District in writing which shall provide that, at such time as water is available, the landowner shall, on request by the District:  (1) connect all of the property to the District's water system in accordance with these Rules and Regulations; and (2) consent irrevocably to the District's perpetual use of all water in aquifers underlying said parcel of land. 

1-12     DUTY TO REPORT:  Any person (1) who damages or alters any District facility; or (2) who causes or permits any foreign materials to enter the District System; or (3) who causes any obstruction in the flow of water or wastewater in any District facility, and any person who discovers, observes, or has reasonable cause to believe that any of the foregoing has occurred, shall immediately report the same to the District.
            (Cross reference:  3-6-12 Failure to Report; 8-1-16 False Official Statement; Report)

Except in “Emergency Situations” as defined herein, any person who excavates in any area where district facilities are located shall give notice to the district in person, by telephone, or in writing if delivered, of the commencement, extent, and duration of the excavation work, at least two business days prior to the commencement of the work, not including the day of actual notice, and shall, in addition notify the Utility Notification Center of Colorado (UNCC) to locate district facilities, if the exact location of district facilities is not verifiable based upon the district’s records, the district will mark the surface or otherwise indicate the possible location based upon its best estimate of the location of the facilities, any person proceeding to that excavate after having received notice from the district that the district cannot make an accurate location must exercise due caution and care to prevent damaging any underground facility.  Such due caution and care includes but is not necessarily limited to “Potholing” to a depth two (2) feet deeper than the maximum depth of the intended excavation to determine whether any underground facilities are present for purposes of this §1-13, “Emergency Situations” include ruptures and sudden leakage of pipelines, explosions, fires, and similar instances where immediate action is necessary to prevent loss of life or significant damage to property, including but not limited to underground facilities, and advance notice of proposed excavation is impracticable under the circumstances.  Any person performing emergency excavation shall take such precautions as are reasonable under the circumstances to avoid damage to underground facilities, and shall notify the district of such excavation as soon as possible, and shall comply with all additional notice requirements as provided by law.  (Cross Reference: 3-6-17 Failure to Give Notice; 9B-1-4 Subsurface Structures; §9-1.5-102(2), 103(3),(4)(c)(II)(B), and (5), C.R.S.)

1-14     NO DAMAGES FOR FAILURE TO ENFORCE:  The purpose of these Rules and Regulations is to establish an operating framework for the District and its users and connectors, for the exclusive benefit of the District.  Nothing herein shall create any right to damages against the District, its Directors, officers, agents or employees for the District's failure to enforce these Rules and Regulations.