ARTICLE 15: RULES AND REGULATIONS
BRMWC Bylaws
ARTICLE FIFTEEN – WATER SERVICE TERMS AND REGULATIONS
1. Services to be provided: The Company shall provide water services to Members for the lots located within the Service area of the Company.
2. Express Conditions: Each Member agrees to comply with the Offering Circular, Bylaws and Regulations of the Company as they now exist or as they may be amended in the future. Water service is currently provided for domestic use only.
3. Service Connection: The physical joining of the Company’s Distribution System to the individual service line.
4. Service Line: The individual service lateral water line from the water connection to the structure receiving service that is the property of the Member.
5. Service Mains: The Company’s lines located in the streets and other easements from the main transmission lines to which the individual Service Lines are connected for the purpose of receiving water distribution services.
6. Prohibited to Obstruct Water System: It is prohibited to place any obstruction that will prevent the normal operation of the water system including drain valves, pressure reducing valves, fire hydrants, shut off valves, meters, etc. This includes all damage and obstructions caused by digging, planting vegetation of any kind, grading of roads, or any other means.
7. Fine for Obstructing Water System: All obstructions that prevent the normal operations of the water system will be subject to a fine in an amount not less than $50.00. The fine may be increased at the option of the Board of Directors to cover any damage to the water system resulting from the obstruction or to cover the actual cost of removing the obstruction.
8. Members Given Notice to Remove Obstruction: Except in cases of emergency, the Member will be given 10 days notice to remove any obstruction preventing the normal operation of the water system. In the event of an emergency or if the obstructions not removed within 10 days of receiving notice, the company may remove the obstruction and bill the Member for the cost of removing the obstruction and for any damage caused by the obstruction. In the event of an emergency because of fire or other similar circumstances, the Company has the right to use the Member’s service line and facilities and may remove any lock by any necessary means. The removal of any lock will be at the Member’s expense and without liability of any kind to the Company in order to use the water to help extinguish a fire or mitigate an emergency.
10. Company to Own Distribution System: The Company shall hold title to the Main Transmission System, the Service Mains, and the service connections from the Service Mains to the Property line of each individual Member, including any meter, meter box, meter gauges, shutoff valve, and all appurtenances. The Company shall maintain, repair, and replace the same perpetuity as a Members expense, unless damages caused by the Shareholder. The cost of any damage caused by the Member shall be billed to the Member.
11. Lock on Shareholder’s Shut Off Valve: Members may not attach a lock to the main shut off valve on the Member’s property unless given written permission by the Company. In the is threatened, or contamination of the Company System is likely, the Company may, without incurring liability, shut off the water service to the property in order to mitigate damage, prevent waste of water, and to prevent contamination of the water supply. Water service will not be restored until the Member has resolved the problem.
12. Emergency Water Shut off: When property damage or life 9. Cost to Remove Obstruction Will Be Treated as non-payment for Water Service: In the event the Member does not reimburse the Company for the costs to remove any obstruction or for damage caused by the obstruction, the Member shall be deemed to have given consent to the Company to add the costs, as non-payment for water service. Failure to pay these additional costs will result in a delinquent account and shall be subject to the same collection of delinquent charges discussed in Article 12 Assessments.
13. Low Water Waiver: The Member acknowledges that the Company is not responsible for any damage caused by low water pressure in the water distribution system.
14. Leaks: Leaks on the Member’s side the service connection shall be the responsibility of the Member and shall be resolved immediately by Member. Leaks on the Company’s side of the service connection shall be the responsibility of the Company.
15. Prohibition Against Tampering With Company Property: No one shall damage, tamper with or modify any property owned by the Company including its fire hydrants, valves, meter, lines tanks, pumps, or any part of the water distribution system, except with prior written permission from the Company. If such damage, tampering or modification occurs, the Company shall immediately contact the San Benito County Sheriff for prosecution and shall assist in any way possible with any prosecution. If the Member is responsible for the tampering, the Company may discontinue the Member’s water service.
16. Fire Hydrants: An individual may not withdraw water from any fire hydrant without the written permission of the Company.
17. Theft of Water – Unauthorized Connection: Any unauthorized connection to and use of water from a fire hydrant shall be a violation of these regulations and is unlawful and shall constitute a theft of service and shall be punished in accordance with the laws of the State of California. Because of the difficulty of determining the actual value of the unmetered water used, the Company finds that $500 is a reasonable penalty to assess for the unauthorized use of the water.
18. Prohibited Service: Any Member providing water services not authorized by specific agreement with the Company to entities outside of the Company’s Service Area shall be in violation of these Rules and Regulations, and such action is unlawful and shall constitute a theft of service and shall be punished in accordance with the law of the State of California. Because of the difficulty of determining the actual value of the water used, the Company finds that $500 is a reasonable penalty to assess for the unauthorized use of the water.
19. Emergency Situations: In times of water shortage due to drought or any other natural or man-made conditions or occurrences, the Company shall have full authority to declare a water emergency and to ration or otherwise regulate the distribution and use of water from the Company’s system.
2. Express Conditions: Each Member agrees to comply with the Offering Circular, Bylaws and Regulations of the Company as they now exist or as they may be amended in the future. Water service is currently provided for domestic use only.
3. Service Connection: The physical joining of the Company’s Distribution System to the individual service line.
4. Service Line: The individual service lateral water line from the water connection to the structure receiving service that is the property of the Member.
5. Service Mains: The Company’s lines located in the streets and other easements from the main transmission lines to which the individual Service Lines are connected for the purpose of receiving water distribution services.
6. Prohibited to Obstruct Water System: It is prohibited to place any obstruction that will prevent the normal operation of the water system including drain valves, pressure reducing valves, fire hydrants, shut off valves, meters, etc. This includes all damage and obstructions caused by digging, planting vegetation of any kind, grading of roads, or any other means.
7. Fine for Obstructing Water System: All obstructions that prevent the normal operations of the water system will be subject to a fine in an amount not less than $50.00. The fine may be increased at the option of the Board of Directors to cover any damage to the water system resulting from the obstruction or to cover the actual cost of removing the obstruction.
8. Members Given Notice to Remove Obstruction: Except in cases of emergency, the Member will be given 10 days notice to remove any obstruction preventing the normal operation of the water system. In the event of an emergency or if the obstructions not removed within 10 days of receiving notice, the company may remove the obstruction and bill the Member for the cost of removing the obstruction and for any damage caused by the obstruction. In the event of an emergency because of fire or other similar circumstances, the Company has the right to use the Member’s service line and facilities and may remove any lock by any necessary means. The removal of any lock will be at the Member’s expense and without liability of any kind to the Company in order to use the water to help extinguish a fire or mitigate an emergency.
10. Company to Own Distribution System: The Company shall hold title to the Main Transmission System, the Service Mains, and the service connections from the Service Mains to the Property line of each individual Member, including any meter, meter box, meter gauges, shutoff valve, and all appurtenances. The Company shall maintain, repair, and replace the same perpetuity as a Members expense, unless damages caused by the Shareholder. The cost of any damage caused by the Member shall be billed to the Member.
11. Lock on Shareholder’s Shut Off Valve: Members may not attach a lock to the main shut off valve on the Member’s property unless given written permission by the Company. In the is threatened, or contamination of the Company System is likely, the Company may, without incurring liability, shut off the water service to the property in order to mitigate damage, prevent waste of water, and to prevent contamination of the water supply. Water service will not be restored until the Member has resolved the problem.
12. Emergency Water Shut off: When property damage or life 9. Cost to Remove Obstruction Will Be Treated as non-
13. Low Water Waiver: The Member acknowledges that the Company is not responsible for any damage caused by low water pressure in the water distribution system.
14. Leaks: Leaks on the Member’s side the service connection shall be the responsibility of the Member and shall be resolved immediately by Member. Leaks on the Company’s side of the service connection shall be the responsibility of the Company.
15. Prohibition Against Tampering With Company Property: No one shall damage, tamper with or modify any property owned by the Company including its fire hydrants, valves, meter, lines tanks, pumps, or any part of the water distribution system, except with prior written permission from the Company. If such damage, tampering or modification occurs, the Company shall immediately contact the San Benito County Sheriff for prosecution and shall assist in any way possible with any prosecution. If the Member is responsible for the tampering, the Company may discontinue the Member’s water service.
16. Fire Hydrants: An individual may not withdraw water from any fire hydrant without the written permission of the Company.
17. Theft of Water – Unauthorized Connection: Any unauthorized connection to and use of water from a fire hydrant shall be a violation of these regulations and is unlawful and shall constitute a theft of service and shall be punished in accordance with the laws of the State of California. Because of the difficulty of determining the actual value of the unmetered water used, the Company finds that $500 is a reasonable penalty to assess for the unauthorized use of the water.
18. Prohibited Service: Any Member providing water services not authorized by specific agreement with the Company to entities outside of the Company’s Service Area shall be in violation of these Rules and Regulations, and such action is unlawful and shall constitute a theft of service and shall be punished in accordance with the law of the State of California. Because of the difficulty of determining the actual value of the water used, the Company finds that $500 is a reasonable penalty to assess for the unauthorized use of the water.
19. Emergency Situations: In times of water shortage due to drought or any other natural or man-