Rules & Regulations

TABLE OF CONTENTS
RULES AND REGULATIONS OF THE PARKVILLE WATER DISTRICT
27 October 2006
ARTICLE 1 – GENERAL PROVISIONS
1.1 – Purpose
1.2 – Policy
1.3 – Definitions

ARTICLE 2 – PROHIBITIONS
2.1 – Obtaining Water
2.2 – Other Systems
2.3 – One Tap
2.4 – Connections between water using units
2.5 – Owner’s Land
2.6 – Supply to Others
2.7 – Private Wells
2.8 – Duty to Update
2.9 – Damage
2.10 – Nondisturbance
2.11 – Waste
2.12 – Hydrants
2.13 – Reservoirs, etc
2.14 – No Other Water
2.15 – Duty to Pay
2.16 – Customer’s Premises
2.17 – Use of Water During Shortages

ARTICLE 3 – APPLICATION PROCEDURE AND REQUIREMENTS.
3.1 – Applications
3.2 –Who May Apply
3.3 – Plant Investment Fee
3.4 – Grant of Application
3.5 – Winter Installations

ARTICLE 4 – SERVICE CONNECTIONS.
4.1 – Owner’s Expense
4.2 – Materials
4.3 – Upkeep
4.4 – Other pipes prohibited
4.5 – Installation charges

ARTICLE 5 – EXTENSION POLICIES WITHIN THE DISTRICT
5.1 – Unlawful
5.2 – Procedures

ARTICLE 6 – EXTENSION POLICIES OUTSIDE THE DISTRICT
6.1 – Written Consent
6.2 – Rate of Charges
6.3 – Agreement to Annexation

ARTICLE 7 – ANNEXATION PROCEDURES
7.1 – Application
7.2 – Fee

ARTICLE 8 – WATER SERVICE CHARGES, FEES AND DEPOSITS
8.1 – Fees and Charges
8.2 – Owner
8.3 – Date for Payment/Discontinuance of Service
8.4 – Turn on Fee
8.5 – Temporary Shut-Off
8.6 – Shut-Off of Tap
8.7 – Availability of Service Fee
8.8 – Abandonment of Tap
8.9 – Other Fees
8.10 – Deposit
8.11- Late Fees
8.12 – Flat Rate Billing

ARTICLE 9 – UNPAID WATER BILL – A LIEN

ARTICLE 10 – ACCESS TO PREMISES

ARTICLE 11 – NONLIABILITY OF DISTRICT
11.1 – Water Shutoff
11.2 – Dirty Water
11.3 – Interruption of Service
11.4 – Damage Claims
11.5 – No Duty

ARTICLE 12 – MAINTENANCE OF PLUMBING/CROSS CONNECTIONS
12.1 – Maintenance
12.2 – Cross Connections
12.3 – Meters
12.4 – Plumbing Code

ARTICLE 13 – CONNECTION TO THE SYSTEM
13.1 – Connection Charge

13.2 Transfer of a paid Plant Investment Fee

13.3 Construction Cost

13.4 Connection Charge

13.5 – Transfer of Connection Charges

13.6 Accessory Dwelling Units

ARTICLE 14 – CONSTRUCTION WATER

ARTICLE 15 – WATER METERS
15.1 – Meter Required
15.2 – Location
15.3 – Maintenance
15.4 – Remote Read Device

ARTICLE 16 – REMEDIES
16.1 – Civil Actions
16.2 – Violations
16.3 – Foreclosure Proceedings/Attorney’s Fees
16.4 – Certification of Amounts to County Treasurer

ARTICLE 17 – DISCRETION/VARIANCE/AMENDMENT
17.1 – Due Diligence
17.2 – Amendments
17.3 – Variances

ARTICLE 18 – HEARING AND APPEAL PROCEDURES
18.1 – General Matters
18.2 – Initial Complaint
18.3 – Appeal to Board
18.4 – Conduct of Hearing
18.5 – Findings
18.6 – Notice

RULES AND REGULATIONS OF THE PARKVILLE WATER DISTRICT

                                                                                                                             August 9, 2018

ARTICLE 1 – GENERAL PROVISIONS

1.1 – Purpose. The purpose of these rules and regulations is to provide for the control,
management and operation of the water system of the Parkville Water District, including
additions, extensions and connections thereto. These rules and regulations shall apply to and
bind all property owners and water users within the boundaries of the District and to all property
owners and water users outside the District who are provided water service by the District.

1.2 – Policy. It is hereby declared that the following Rules and Regulations are in the public
interest, and will serve a public use, and are necessary to promote the health, safety, security and
general welfare of the persons served by the Parkville Water District.

1.3 – Definitions. Unless the context specifically indicates otherwise, the meaning of terms used
in these rules and regulations shall be as follows:

Accessory Dwelling Unit means an integrated or detached residential dwelling unit that is  incidental and subordinate in function and size to the principal building which shall be located on the same parcel as the principal building. ADU’s are independently habitable and provide  the basic requirements of shelter, heating, cooking and sanitation. ADU’s will always be under the same ownership as the primary structure on any parcel. Only one Accessory Dwelling Unit  will be allowed to be attached to the primary structure on any water service. Installation of an  Accessory Dwelling Unit requires an Accessory Dwelling Unit Application and payment of applicable connection and monthly service charges. Adopted Resolution 8 Series 2018

Board means the Board of Directors of the Parkville Water District.

Connection charge means the payment to the District of a fee for the privilege of connecting to
the water system.

Construction Water means water used on a temporary basis during construction of a new structure
until a certificate of occupancy has been issued. It is not considered potable water. It does not
include a remodel of a presently existing structure that is already tapped into the Water System. (4-
2004)

Contiguous means in actual contact. Sharing a common wall from floor to ceiling.

Cross Connection means any unprotected actual or potential connection or
structural arrangement between a public or a consumer’s potable water
system and any other source or system through which it is possible to
introduce into any part of the potable system any used water, industrial
fluid, gas, or substance not meeting drinking water requirements. By-pass
arrangements, jumper connections, removable sections, swivel or
changeover devices and other temporary or permanent devices through
which or because of which “backflow” can or may occur are considered to
be cross-connections.

Design Standards means the specifications as set forth by the District’s engineer as to the
requirements for properly constructing a water distribution system.
Developer means any person responsible for installation of public water system distribution
facilities.

Distribution Manager means the person hired by the District to oversee and direct all operations
of the Water System excluding treatment plants and intake of water from streams, reservoirs, and
wells, etc. He operates under the direction of the General Manager.

District means the Parkville Water District.
District service line means the line running from the water main to the property line of the user
and includes the curb valve and water meter.

Engineer means a person currently registered by the State of Colorado to issue drawings and
specifications for construction of water distribution facilities.
General Manager means the person hired by the District to oversee and direct all operations of
the District.

Monthly means a calendar month or any part thereof.

Monthly Base Rate means the monthly Base Rate for residential customers, is the monthly service charge at the current rate per Single Family Equivalent (SFE) specific to the customer’s account. A monthly base rate for commercial customers is based on service diameter. Customers Monthly Base Rate is used by the District to pay for ongoing Operation and Maintenance expenses. When a Plant Investment Fee has been paid, a Monthly Base Rate will begin to be charged to that account, monthly, after a service line has been installed in the ground from the District’s main line to the property line or the edge of the Public Right of Way.

Non-Potable Water means water that is not safe for human consumption or does not meet the
requirements set forth in the State of Colorado Primary Drinking Water Regulations. It also
includes water that is unsafe or unpalatable to drink because it contains pollutants, contaminants,
minerals, or infective agents.

Owner means any person owning real property served by the District.

Plant Manager means the person hired by the District to oversee and direct all operations of
water treatment plants and intake of water from streams, reservoirs, and wells, etc. He operates
under the direction of the General Manager.

Plant Investment Fee means A plant investment fee, also known as a Tap Fee, is a one-time charge for a new water using unit, commercial or residential, that will be provided water from the Parkville Water District. A Plant Investment Fee is the payment to the District for the recovery of capital investment associated with major components of the water system. A plant investment fee is based on the particular impact of the use being connected. A Plant Investment Fee provides for a permanent dedication of a portion of the District’s water production capacity.

If a period of five years has passed from the time a Plant Investment Fee has been paid and a service line has not been installed, the difference between the original Plant Investment Fee and the current Plant Investment Fee shall be paid before a service line can be installed and water service activated.

Person means individuals, partnerships, societies, firms, corporations, associations, trusts,
organizations, company or other public, governmental or corporate entity, or instrumentality
thereof.

Potable water means water free from impurities in amounts sufficient to cause disease or harmful
physiological effects. The bacteriological, chemical, and radiological quality shall conform to
the State of Colorado Primary Drinking Water Regulations. Potable Water is safe for drinking
and cooking.

Private service line means the line from the curb valve at the property line to the user’s structure.
The decision as to the classification of a water line shall be at the sole and absolute discretion of
the Board.

Shall means mandatory and “may” will be construed to be permissive.

Studio Apartment means consists of a single room plus a bathroom. The single room of the apartment must function as the kitchen, living room and bedroom. The kitchen area or “kitchenette” may be divided from the main living area, or simply be a counter and cabinets along one wall. A studio must be arranged for sleeping, eating and dining areas. The bathroom will be the only separate room in a studio apartment.

Tap means the connecting, or the connection, of a private service line to a water main. Plant Investment Fee is also known as a connection charge.

User means any person using water from the Water System.

Water System means the water system owned and/or operated by the District.

Water main means a District owned pipeline, carrying potable water only, and installed in a
public street or approved right-of-way to which service lines may be connected.

Water using property means any real estate within the District boundaries on which a waterusing
unit is located or intended to be located.

Water using unit means any space or any structure or building, movable, fixed, or otherwise, or
any part or parcel of the same in which is installed a device, fixture, or method for using water.

ARTICLE 2 – PROHIBITIONS.

2.1 – Obtaining Water. No person shall obtain water from the Water System, nor shall any
water be furnished to any person except by, through and under these Rules and Regulations.

2.2 – Other Systems. No person shall operate, own, manage, control or possess a commercial
water system obtaining its water supply from any source for the purpose or with the effect of
distributing water therefrom to any water using property or water using unit within the District

2.3- One Tap, No tap and service connection shall be connected to service more than one water using unit except where such water using unit is contiguous with another water using unit, sharing a common wall from floor to ceiling and is reasonably operated with such other water using unit, an must of necessity also have a common owner and further provided written permission is first obtained from the District. Except as provided under specifications and allowances for Accessory Dwelling Units, and with written permission from the District.

2.4 – Connections between water using units. No water pipes shall be permitted to connect
between one water using unit and another water using unit except pursuant to, and in accordance
with these Rules and Regulations.

2.5 – Owner’s Land. No water pipes or water installations of any type whatsoever shall be laid,
conducted or permitted to cross property not owned by the owner on whose property the tap and
service connections from the water system originate.

2.6 – Supply to Others. No person or owner obtaining water from the water system shall supply
water to any other water using unit for any water using unit not owned by him or where said water
using unit or the owner thereof is not in complete compliance with the terms and provisions of these
Rules and Regulations.

2.7 – Private Wells. Private lines, wells, mains and service connections existing and in use on the
effective date of these Rules and Regulations, or the effective date of any previous Resolution
promulgating the Rules and Regulations of the District (“effective date”), shall not be enlarged nor
shall the service connections be increased as to number or size in any private line, well, main or
service connection, without written permission from the District. For the violation of this provision,
the District shall shut off the water and discontinue service to the private line, main or service
connection. After the “effective date” no further private wells shall be drilled within the corporate
limits of the district without first getting written permission of the District.

2.8 – Duty to Update. In any situation where the water service and water using unit is not in full
compliance with these Rules and Regulations, and such water service is interrupted, abandoned or
discontinued for any reason, including that of obsolescence or repair, the water service and water
using unit shall thereafter be repaired and/or reconstructed in full compliance with the applicable
provisions of these Rules and Regulations.

2.9 – Damage No person shall willfully or negligently, break, damage, destroy, cover, uncover,
deface or tamper with, or adjust, impair, obstruct, or trespass upon property of the District. Any
person that does so shall be liable for all damages incurred by the District as a result of the
perpetrator’s actions including labor and materials used to repair any damage to the Water
System and all attorney fees, court costs, expert witness fees and all out of pocket costs incurred
by the District. All such damages shall be considered to be a water service charge as set forth in
Article 9. The District shall be entitled to enforce its claims to damages as set forth in Article 9
and Article 16. (4-2004)

2.10 – Nondisturbance. No person shall uncover, alter, disturb, make any connection with,
make an opening into, or backfill prior to inspection any water system without written
authorization from the District. Unauthorized uses of or tampering with the Water System
includes, but is not limited to, a change in customer’s equipment, service or use of the property,
an unauthorized turn-on or turn-off of water service or a water main, burying curb boxes,
modifying any water meter, etc.

2.11 – Waste. Users shall prevent unnecessary waste of water and keep all water outlets closed
when not in actual use. Hydrants, urinals, water closets, bathtubs and other fixtures must not be left
running for any purpose other than the use for which they were intended. In addition to the penalty
or penalties provided herein, the water supply may be turned off, with or without notice, where any
such waste occurs. Any leak in any pipe or fixture on the premises of the user shall be immediately
repaired. Service may be discontinued until such repair is made.

2.12 – Hydrants. It shall be unlawful for any person except members of the fire department or
employees of the District to open any of the fire hydrants, or attempt to draw water from the same
without prior written authorization from the District.

2.13 – Reservoirs, etc. It shall be unlawful for any person to pollute or interfere in any manner
with the reservoirs, streams, trenches, pipes and drains used in and necessary for, the construction,
maintenance and operation of the water system of the District or any stream or source from which
water is taken by the District.

2.14 – No Other Water. No person shall in any way at any time connect or introduce water from
any source into the water system.

2.15 – Duty to Pay. It shall be unlawful for any person to obtain water from the system and/or
water service from the District except in accordance with these Rules and Regulations and upon
payment of the proper and applicable charges, fees and costs.

2.16 – Customer’s Premises. District employees will not work on customer’s premises without
approval of the Board.

2.17 – Use of Water During Shortages. It shall be unlawful to use water for sprinkling or other
uses if the Board determines that a shortage of water exists and by resolution limits such water use.

ARTICLE 3 – APPLICATION PROCEDURE AND REQUIREMENTS.

3.1 – Applications. Owners desiring water from the water system shall make application therefor
in writing to the District at its main office, setting forth the name and post office address of the
owner, the legal description of the water property for which water is desired, the nature, number,
extent and type of water using units thereon, the purpose or purposes for which the water will be
used, and such other fact or facts reasonably necessary to determine the purpose, extent, nature and
location of water use, the water using property and the water using unit or units.

3.2 –Who May Apply. Applications shall be made only in the name, of, and for, owners only.

3.3 – Plant Investment Fee. An appropriate plant investment fee shall accompany each application for connection to the
water system.

3.4 – Grant of Application. Upon receipt of the application, together with the required
accompanying data, material and fees, the general manager shall, upon finding the same in order
and in accord with these Rules and Regulations, grant the application for water and cause the tap
and service connection to be made into the water system.

3.5 – Winter Installations. No new water mains, district service lines or private service lines will
be installed during winter conditions (when frost is in the ground) except in cases of emergency, and
then only when written approval of the Board has been obtained. When installation is done during
winter conditions, the customer shall pay all extra expenses over ordinary construction costs as well
as other costs as herein provided.

ARTICLE 4 – SERVICE CONNECTIONS.

4.1 – Owner’s Expense. Installations of all private service lines and other facilities extending from
the curb valve to the water using unit or units, including without limitations, all excavation and
backfilling, and the continued maintenance thereof, shall be done, made and performed at owner’s
sole expense and done according to the District’s specifications.

4.2 – Materials. The District reserves the right to specify the type of material and requirements for
private service line construction. The District further reserves the right to supervise all private
service line construction (including the excavation in any street, highway or public way).

4.3 – Upkeep. The owner shall be solely responsible for all upkeep and maintenance on private
service lines and all leaks, breaks and damages occasioned thereto. It is the owner’s responsibility to
protect from freezing the entire length of the service line from the main to the water using unit or
place of use.

4.4 Other pipes prohibited. Private service lines shall not be placed in the same trench with gas
pipes, electrical conduits, sewer pipes or similar installations except under conditions as may be
approved in writing by the Board

4.5 Installation charges. The owner shall be responsible for the costs of excavating for and
installing the service line from the water main to the curb valve. The District will charge owner for
the time and materials used. The owner shall have the option of doing the excavation for and
installation of the service line from the water main to the curb valve if such is performed to the
specifications of the District and if the excavator and installer are approved by the District.

Owner will be responsible for all costs associated with the initial installation of a water service pipe from the mainline to the structure. The District will install the service pipe from the water mainline to the curb stop at the edge of the Public Right of Way or the property line. The District will bill the owner for time and material for this installation (Construction Cost). The Owner will be responsible for the service line installation from the curb stop to the water using structure

ARTICLE 5 – EXTENSION POLICIES WITHIN THE DISTRICT.

5.1 – Unlawful. It shall be unlawful for any person to make a tap onto the water system without
having first received written approval from the District.

5.2 – Procedures. The procedures for connecting to the water system and receiving water service
are as follows:
(a) The owner of the land desiring water service (applicant) shall request service in writing
supplying the following information which shall include: (l) legal description of the area to be
served; (2) description of proposed development; (3) proposed timing of the development; (4)
probable flow requirements. The General Manager will then review the written application.
(b) If the General Manager indicates probable favorability to serve, then the applicant shall have
prepared and pay for an engineering feasibility report. This report may be arranged for through the
District and prepared by the District’s engineer; or it may be prepared by an engineer selected by the
applicant, in which case the applicant shall pay the costs of having the report reviewed by the
District’s engineer. If legal considerations must be investigated, then this work shall be
accomplished through the District, by its attorneys at the applicant’s expense. The applicant shall
deposit with the District a sum of money to cover anticipated legal and engineering expenses of the
District. The General Manager shall set amount of the deposit. Report information shall include
but not be limited to the following:
(l) defined information included in the original letter of application;
(2) Preliminary designs and costs estimates of water distribution system;
(3) Preliminary designs of connection methods to the District’s system;
(4) hydraulic analyses of the combined systems which will show the effect of the added area
on the District’s existing facilities;
(5) preliminary designs and cost estimates for any water treatment, transmission or storage,
and treatment facilities required (as shown by (4) above) to be added to enable the District to
service the applicant’s area;
(6) flow requirements, including number of taps, average daily usage, peak flow requirements and
fire demand;
(7) availability of water rights to meet the proposed demands; and
(8) legal implications of the proposed annexation.
(c) The Board and applicant will review the report, and if the conditions for service are mutually
agreeable, then the applicant shall have prepared, by the District’s attorney, a contract for
construction and for utility service. Such contract shall at least require:
(l) Payment of the connection charges to the District in accordance with the rate schedule.
(2) Provision for payment for additional dollar contributions if shown necessary by 5.2 (b)(5)
preceding in order that the additional service does not adversely affect the District’s financial
position.
(3) All extensions shall be built to District quality standards. Lines may be installed by the
applicant. If the applicant chooses to install the lines, the District’s engineer must approve the
drawing and specifications. The District’s inspector must inspect the work. Line sizes must be in
accordance with the District’s engineer’s specifications. The applicant is to pay all project costs,
including without limitation, preliminary engineering, legal costs, engineering, review, material,
labor, construction, job inspection, as-built drawings, surveys, easements, etc.
(4) For all extensions that are to deeded to the District for ownership and maintenance the
developer’s warranty responsibility is as follows:
(I) The developer and the contractor shall warrant all workmanship and materials for a period of two
years from the date that the Board issues a Provisional Acceptance Letter. Any repair or
reconstruction performed during the warranty period shall be warranted for a period of two years
from the date of acceptance by the Board of such repair or reconstruction.
(II) Nothing in the previous paragraph concerning the warranty period shall establish a period of
limitation with respect to any other obligation, which the developer has under these Rules and
Regulations. If the work is defective and does not meet the requirements of the Design Standards,
the Board can initiate proceedings for the developer to repair the work even if the warranty period
has expired. In summary, there is no time period regarding defective work. The establishment of
time periods relates only to the specific obligations of developer to correct the work, and has no
relationship to the time within which his obligations under the Design Standards may be sought to
be enforced.
(III) Repair work shall commence no later then 48 hours after the Board notifies the developer. If
the developer or contractor does not respond in a timely manner, the Board may do the work or
contract with others to do the work and bill the developer for actual costs.
(5) The applicant shall deed without consideration to the District the entire water system after it has
been completed and in service for at least two (2) years. The extended water system shall be
conveyed free and clear of any liens and encumbrances and shall include all necessary and
appurtenant easements. District will not be responsible for the maintenance or repair of the
system until the main distribution system is deeded over to it and the system is in full compliance
with the rules and regulations of the District. District will not accept the system until at least 2
years have passed since the entire system is completed and put into full operation. Applicant
shall certify the actual costs of the water system before it will be accepted by the District. (2-
2006)
(6) The contractor/owner shall post performance, payment and warranty bonds in a dollar amount
at least equal to the dollar amount of the construction.
(7) The District shall have the right to allow other customers of the District to tap into any water
main, once potable water is flowing through it, even though such main is still under the warranty
period set forth in Article 5.2. Parkville will be entitled to its normal plant investment fee, which shall not be
shared with the contractor/owner.

ARTICLE 6 – EXTENSION POLICIES OUTSIDE THE DISTRICT.

6.1 – Written Consent. No water service shall be provided to property outside of the District
without express written consent of the Board.

6.2 – Rate of Charges. Any person outside the District receiving water from the District shall pay
service charges, connection charges and water charges equal to 1.5 times the current in-District rate
until the property is annexed into the District.

6.3 – Agreement to Annexation. Any person desiring water outside the District must agree as a
condition of receiving service that upon demand by the Board he will have the property annexed
into the District. The person will be responsible for all costs of the annexation including without
limitation, publication, legal, court, and survey expenses.

ARTICLE 7 – ANNEXATION PROCEDURES

7.1 – Application. Any person desiring to bring property into the district must make application to
the Board as set forth in Colorado Revised Statute 32-1-401 et. seq. The applicant must also
comply with the requirements of Article 5 of these Rules and Regulations and must also supply
the names and mailing addresses of all property owners in the area to be annexed.

7.2 – Fee. The application for annexation must also be accompanied with a fee to be determined
by the general manager which will be used by the District to pay for legal expenses, surveys,
court filing fees, costs of giving notice, etc.

ARTICLE 8 – WATER SERVICE CHARGES, FEES AND DEPOSITS

8.1 – Fees and Charges. Users of the water system must pay fees and charges as set forth by the
Board by resolution or by these Rules and Regulations. The Board may revise fees and charges
at any time.

8.2 – Owner. All accounts shall be in the name of and billed at the address of the Owner of the
property to which water is supplied.

8.3 – Date for Payment/Discontinuance of Service. Charges for water usage shall be paid not later then the 10th of each
month. Failure to pay by the 10th will entitle the District to shut off water service. Any supply of
water, which is shut off for non-payment of charges, shall not be turned on until all delinquent
service rates and charges, including without limitation, any turn-on charges or the fire protection
charges established by the Board.

(a) After two months of non-payment of water bill the District will send a “Notice of delinquent account” to the Customer” and add late fee.

(b) After five additional days of non-payment the District will attempt direct contact and place a door hanger notice (reg tag).

(c) One day after red tag notice the District will attempt a phone contact to the phone number on file.

(d) Before actual disconnect action, a service man will attempt direct contact at door.

(e) Before water service will be reconnected the full past due amount plus a $45.00 turn on fee must be paid.

(f) If a customer is unable to pay a delinquent account a payment plan may be available if approved by District Manager. The District may also be able to offer information regarding other possible options for payment assistance.

(g)  The District will not shut off for amounts due of less than $50 and will otherwise follow 4 CCR 723-3-3407

8.4 – Turn on Fee. Every customer shall pay to the District a Turn On Fee, to be established by the
Board, payable at the time of turn on except in the case where a new tap is being installed, in which
case there shall be no charge for turning the water on.

Transfer Fee. Each customer shall pay to the District a Transfer Fee in an amount to be established by the
Board, upon transferring service to his/her name.

8.5 – Temporary Shut-Off. No temporary shut-off of water to any Water Using Unit shall cease or
curtail charges for water service to such unit and the Owner thereof shall be liable for all water
charges as if said shut off had not occurred; subject to the conditions that upon approval of the
temporary shut-off by the District.

8.6 – Shut-Off of Tap. An Owner of a Water Using Unit can request in writing a water shut-off
and abandonment of a water tap and in such event the District will comply and water charges
shall terminate subject to charges for availability of service as provided in Section 8.7. Where a
water tap has been abandoned in accordance with this subsection water service shall not
thereafter be reinstated until the owner of the Water Using Unit has paid in full the connection
charge then applicable for the water service requested.

8.7- Availability of Service Fee. The District reserves the right to assess a charge for availability of
service or facilities in accordance with the provisions of 32-l-l006, C.R.S. l973, as amended.

8.8 – Abandonment of Tap. When a Water Using Unit has not paid any water service charges
for a period in excess of two (2) years, the tap, without further act of the District, shall be
deemed abandoned and shall not be reinstated until payment in full of the connection charge then
applicable for water services requested.

8.9 – Other Fees. In addition to the above charges and the provisions of Section, the District
reserves the right to assess reasonable charges to customers for and on account of delinquent
accounts, returned checks and/or other violations of these Rules and Regulations as determined by
the District from time to time.

8.10- Deposit. The District may require at any time from any person using or intending to use the
water system a cash deposit intended to guarantee payment of said party’s water charges to the
District.

8.11 – Late fees. A late fee will be charged any customer for any bill not paid by the 10th of the
second month after the original billing. The Board will establish the amount of such fee by
Resolution.

8.12 – Flat Rate Billing. At the Board ‘s sole discretion, metered customers may be allowed to go
on a flat rate, to be fixed and determined by the Board, for all or a portion of each year. In such
event, the flat rate shall bear some reasonable relationship to the metered use of water by the
customer during the portion of the year that such customer is being charged by meter usage.

ARTICLE 9 – UNPAID WATER BILL – A LIEN.

All unpaid water service charges shall be all lien upon the water using property and/or the water
using unit to or for which water was supplied and/or fire protection services were provided from the
time when said charges become due and shall be a perpetual charge and lien against said water
using property and/or water using unit until paid, and said charges shall be collected and such lien
enforced by law.

ARTICLE 10 – ACCESS TO PREMISES

The Board or agents of the District shall have free access to all premises supplied with water, at all
reasonable hours, to permit the inspection of plumbing and fixtures, to set, remove or read meters, to
ascertain the amount of water used and manner of use and to enforce these Rules and Regulations.

ARTICLE 11 – NONLIABILITY OF DISTRICT

11.1 – Water Shutoff. If, by reason of shortage of supply or for the purpose of making repairs,
extensions or connections or for any other reason beyond the control of the District, it becomes
necessary to shut off water in the mains, the District will not be responsible for any damages
occasioned by such shut off and no refunds of flat rates will be allowed unless the interruption is in
effect for a continuous period in excess of ten days in which case a proportional refund of flat rates
will be made. Notice of shut off will be given when practicable, but nothing in these Rules and
Regulations shall be construed as requiring the giving of such notice.

11.2 – Dirty Water. The District will not be responsible for damage caused by dirty water, which
may be occasioned by cleaning of pipes, reservoirs or standpipes, or the opening or closing of any
gates or hydrants when the same is due to no lack of reasonable care on the part of the District.

11.3 – Interruption of Service. The District shall not be liable or responsible for inadequate
treatment or interruption of service brought about by circumstances beyond its control.

11.4 – Damage Claims. No claim for damage shall be allowed against the District by reason of
the following conditions: interruption of water 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, pipes, lines or fixtures;
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 or its agents.

11.5 – No Duty. The adoption of these Rules and Regulations shall not create any duty to any
person with regard to the enforcement or nonenforcement of these Rules and Regulations. No
person shall have any civil remedy against the District or its directors, officers, employees, or
agents, for any damage arising out of or in any way connected with the adoption, enforcement or
nonenforcement of these Rules and Regulations. Nothing in these Rules and Regulations shall be
construed to create any liability, or to waive any of the immunities, limitations on liability or any
other provisions of the Colorado Government Immunity Act, Section 24-10-101 et. seq. C.R.S., as
amended, or to waive any immunities or limitations on liability otherwise available to the District,
its directors, officers, employees, or agents.

ARTICLE 12 – MAINTENANCE OF PLUMBING/CROSS CONNECTIONS

12.1 – Maintenance. All customers shall maintain their plumbing and fixtures, including water
meters and remote read devices, within their own premises in good repair and protected from
freezing at their own expense. They shall make any repairs which may be necessary to prevent
leaks and damage.

12.2 – Cross Connections. No cross connections between the water system and any other water
supply will be allowed. No connections capable of causing backflow between the water system
and any plumbing fixture device or appliance or between any other waste outlet or pipe having a
direct connection to waste drains will be permitted. By authority of sections 25-1-107, 25-1-108,
25-1-109, and 25-1-114, C.R.S., 1973, as amended and article 12 of the Colorado Primary
Drinking Water Regulations, in order to protect the public water system from contamination, the
District shall:
(a) Identify potential hazardous service connections.
(b) Require system users to install and maintain containment devices, on health hazard
service connections, provided the District has determined that the device is consistent
with the degree of hazard posed by the connection.
(c) Installation of the containment devices shall be approved by the District upon
installation.
(d) All containment devices shall be tested and maintained as necessary on installation and at
least annually thereafter, by a trained, certified, cross-connection control technician.
(e) If, in the judgment of the General Manager, an approved backflow device is required on
a service connection to any customer’s premises, the General Manager or his delegated
agent, shall give notice in writing to said customer to install an approved backflow
prevention device at each service connection to his premises. The customer shall, within
90 days or less depending on degree of hazard, install such approved device or devices at
his own expense, and failure or refusal, or inability on the part of the customer to install
said device or devices within the required time period, shall constitute grounds for
discontinuing service to the premises until such device or devices have been properly
installed.

12.3 – Meters. The District may, in its discretion, assess the owner for the repair and/or
replacement cost of meters damaged, defective and/or inoperative not occasioned by ordinary wear
and tear.

12.4 – Plumbing Code. All customer plumbing shall be installed in compliance with the Uniform
Plumbing Code as adopted by Lake County.

ARTICLE 13 – CONNECTION TO THE SYSTEM.

13.1- CONNECTION CHARGES (PLANT INVESTMENT FEE). A Plant Investment Fee, also known as a Tap Fee, is a one-time charge for a new water using unit, commercial or residential, that will be provided water from the Parkville Water District. A Plant Investment Fee is the payment to the District for the recovery of capital investment associated with major components of the water system. A Plant Investment Fee provides for a permanent dedication of a portion of the District’s water production capacity. Each water-using unit shall be charged a connection fee also called a Plant Investment Fee or Tap Fee prior to being connected to the water system. The Board shall establish connection fees by Resolution based upon the specific impact a water using unit will have on the water system.

13.2- TRANSFER OF A PAID PLANT INVESTMENT FEE. A paid Plant Investment Fee also known as a paid Tap Fee, may not be sold to another owner except as part of a Real Estate sale to another owner. A paid Plant Investment Fee may be transferred to another approved location in the District, with the written approval from the District Management and the District Board, and the submittal of an approved “Transfer of Plant Investment Fee Form”. No Plant Development Fee or Tap Fee or any portion thereof may be transferred to any other property unless the following conditions are met.

(a)        The request to transfer a Plant Investment Fee shall be made in writing;

(b)        The Customer requesting the transfer is the owner of the property for which the Plant Investment Fee has been paid and the owner of the property to which the transfer of the Plant Development Fee is being requested.

(c)        The Customer requesting the transfer has no outstanding unpaid accounts with the District.

(d)        The District’s portion of the service line has not been installed to the original property.

(e)        If a Plant Investment Fee has been paid and the Parkville portion of the service line has not been installed and service has not been activated for a period of five (5) years from the date of purchase, the customer requesting a tap transfer shall pay the difference between the Tap Fee originally paid, and the amount of the Plant Investment fee in effect at the time of transfer.

Notwithstanding the forgoing, a transfer shall not be authorized if it otherwise conflicts with any District policy, bond covenant or other obligation

13.3– Construction Costs- The District will install the service line from the Districts mainline to the edge of the Public Right of Way or the owner’s property line, and charge the owner time and material cost of the installation. The owner will be responsible for the installation of the owner portion of the service line from the Curb Stop to the water using unit.

13.4- Connection Charge, Each water-using unit shall be charged a connection charge prior to being connected to the water system. If new taps or curb stops are needed for any change in water service the customer shall pay a connection charge. The Board shall establish connection charges by resolution.

13.5 – Transfer of Connection Charges. The right to connect to the water system by paying a
connection charge may not be transferred or sold. However, the right to connect may be sold as part
of the sale to the purchaser if the real estate to which the right to connect is sold.

13.6- Accessory Dwelling Units, Accessory Dwelling Units, defined as “An integrated or detached residential dwelling unit that is incidental and subordinate in function and size to the principal building which shall be located on the same parcel as the principal building. ADU’S are independently habitable and provide the basic requirements of shelter, heating, cooking and sanitation”. An ADU must also have the same owner as the primary, principal building.  Water supply to an ADU will be connected to the interior water supply of the principal building downstream of the water meter in the principal building with an accessible independent shut off valve. Accessory Dwelling Units will be allowed only as provided by District Rules and Re gulations and District Construction Specifications, and in accordance with any other applicable regulations of Lake County, City of Leadville, Subdivision Covenants, and any applicable Building and Plumbing codes. All water usage in the ADU will be included in the usage and billing of the principal building’s water account. No independent billing for usage in an ADU will be provided. None payment for usage of the principal building service account may result in disconnection for non-payment to both the principal building and the ADU.

ARTICLE 14 – CONSTRUCTION WATER. Construction water may be drawn from the
building service line after connection charges have been paid. Only in exceptional cases, and with
prior written approval of the District, will construction water be provided from a fire hydrant.

ARTICLE 15 – WATER METERS.

15.1 – Meter Required. All water using units must have a functional water meter and remote read
device. Meters/remote read devices shall be installed by the District or the Owner in all pre-existing
buildings and by the builder in all new construction. The customer is responsible for the costs of the
meter, fittings and remote read device in all instances. The meter and remote read device must be
obtained from the District.

15.2 – Location. The customer shall furnish a warm and accessible meter location and proper
electrical grounding (bounding).

15.3 – Maintenance. The District will maintain the meter and remote read device. It is the duty of
the customer to keep the meter/remote read dvice from freezing. Any damage to the meter/remote
read device caused by freezing or due to intentional or negligent conduct of the customer shall be
the responsibility of the owner.

15.4 – Remote Read Device. All water meters must have a remote read device as specified by the
District to be installed at the owner’s expense. Any damage to the remote read device shall be the
responsibility of the owner. Failure to repair the remote read device within 15 days of receiving
notice of the problem will entitle the District to shut-off the water service. The same rule applies if
the owner fails to move the remote read device to a readily accessible location upon notification
from the District.

ARTICLE 16 – REMEDIES

The District may exercise any one or more of the following remedies in order to enforce these
Rules and Regulations. These remedies are not exclusive and the District may proceed under
any one or more of them in its sole discretion.

16.1 Civil Actions. The District shall have the right to recover all sums due by the terms of these
Rules and Regulations by judgment and execution thereon in a civil action in any court of
competent jurisdiction. Such remedy shall be cumulative with all other remedies available to the
District for the enforcement of these Rules and Regulations.

16.2 Violations. Failure to comply with the terms of these Rules and Regulations by failure to pay
the required fees or charges or to otherwise comply with the terms of these Rules and Regulations
shall constitute an offense and a violation thereof. Every person violating these Rules and
Regulations shall be punished upon conviction, by a fine of not less than One Hundred Dollars
($l00.00) nor more than One Thousand Dollars ($l,000.00) or by imprisonment for not more than
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ten (l0) days, or both, such fine and imprisonment for each offense. Delinquency for each calendar
month shall constitute a separate offense. In addition, for any failure to comply with any of the
terms and provisions of these Rules and Regulations or for any violation, the District shall have the
right to shut off the water to any water using unit, with or without notice, and to keep said water
shut off until the owner has fully complied with all of the terms and provisions of these Rules and
Regulations.

16.3 Foreclosure Proceedings/Attorney’s Fees. The District may initiate foreclosure
proceedings as provided for by C.R.S. Section 31-1-1001 (1)(j)(I), as amended. In the event the
District commences a foreclosure proceeding to collect any payments due and payable to the
District, the party being foreclosed upon shall be charged all costs incurred in connection with
the proceedings including, but not limited to, reasonable attorney fees, which the court shall tax
as a part of the costs of the proceedings. In the event payment is made by the customer prior to
the foreclosure sale, the attorney’s fees and all other fees outstanding against the account and
relating to the subject property, must be paid as a precondition to the resumption of service to the
property.
16.4 Certification of Amounts to County Treasurer. In addition to any other means of
collecting delinquent fees, rates, connection charges, tolls, penalties, service charges,
assessments or any other amounts due under these Rules and Regulations, the District may
certify the delinquent amounts to the Lake County Treasurer for collection in the same manner as
property taxes, in accordance with the provisions of Section 32-1-1101(1) (e), C.R.S., as
amended. The District and the Treasurer shall charge a fee for the administrative costs of this
collection method. This fee shall be added to all delinquent amounts, including other penalties
and interest charges, before certification.

ARTICLE 17 – DISCRETION/VARIANCE/AMENDMENT

17.1 – Due Diligence. It is recognized that no Rules and Regulations of the District can cover each
and every case or system of service presented. Accordingly, any new applicant is encouraged to
contact the General Manager at the earliest possible time in order to ascertain the District’s ability to
provide service and the conditions the District will impose in order to provide service.

17.2 – Amendments. These Rules and Regulations may be altered, amended, or repealed at any
meeting of the Board. Additionally, they shall be deemed amended as State laws are passed which
are inconsistent with them, or which grant the District greater authority or power, and that law shall
be automatically deemed included in these Rules and Regulations. There is no requirement that
public notice be given of any amendments to these Rules and Regulations.

17.3 – Variances. The Board retains the right to vary the terms of these Rules and Regulations or
waive provisions when, in the Board’s opinion, it is in the best interest of the District to do so. Any
such variance or waiver shall be in writing and shall be considered as an exception to the Rules and
Regulations for the specific instance and shall not be construed as continuing for future instances.
Any variance or waiver shall not be deemed an amendment of these Rules and Regulations.

ARTICLE 18 – HEARING AND APPEAL PROCEDURES

18.1 – General Matters. These hearing and appeal procedures shall apply to all complaints
concerning the interpretation, application, or enforcement of the Rules and Regulations of the
District, and contracts related thereto. These hearing and appeal procedures shall not apply to
the following complaints:
(a) Complaints which arise with regard to personnel matters.
(b) Any other complaint which does not concern the interpretation, application, or enforcement
of these Rules and Regulations or contracts related thereto.

18.2 – Initial Complaint . Complaints concerning the interpretation, application or enforcement
of these Rules and Regulations or as to any contracts related thereto, must first be presented to
the General Manager in writing. Upon receipt of a written complaint the General Manager shall
make a full and complete review of the allegations contained in the complaint and shall take such
action and/or make such determination as may be warranted. The complainant shall be notified
of the action or determination by mail within 20 business days after receipt of the complaint.

18.3 – Appeal to Board. In the event the decision of the General Manager is deemed
unsatisfactory by the complainant, a written request for a hearing must be submitted to the Board
within 20 business days from the date the written decision was mailed. If the receipt of a hearing
request is timely the Board shall conduct a hearing at the District’s convenience. Every effort
will be made to conduct the hearing within 20 days after receipt of the hearing request.

18.4 – Conduct of Hearing. The hearing shall be held by the Board and presided over by the
Chairman of the Board. The complainant and representatives of the District shall be permitted to
appear in person and legal counsel may represent the complainant. The hearing shall be tape
recorded by the Board. The complainant may also record the hearing by use of a stenographic
reporter or audio recording device.
The complainant and the District representative shall have the right to present evidence and
arguments. The Board may receive and consider any evidence which has probative value
commonly accepted by reasonable and prudent persons in the conduct of their affairs.
The Board shall determine whether clear and convincing grounds exist to alter, amend, defer, or
cancel the interpretation, application, and/or enforcement of the Rules and Regulations that are
the subject of the complaint. The decision shall be based upon evidence presented at the hearing.
The burden of showing that the required grounds exist to alter, amend, defer, or cancel the action
shall be upon the complainant.

18.5 – Findings. After the hearing the Board shall make written findings and an order disposing
of the matter and shall mail the findings and order to the complainant not later then 20 days after
the date of the hearing. The Board’s findings and order shall be final.

18.6 – Notice. A complainant shall be given notice of any hearing by mail at least 10 calendar
days prior to the hearing, unless the complainant requests or agrees to a hearing in less time, or to
a waiver of formal notice. Notice is deemed given when mailed by first class mail, postage
prepaid.