Rules and Regulations

As used in these rules and regulations, the following terms shall be defined as follows:

(1) “District” shall mean the Mossy Brae Water District.

(2) “Board” shall mean the Board of Commissioners of the Mossy Brae Water District.

(3) “User” shall mean any person actually receiving water service from the District, and shall also include the owners of legal title to the premises to which water service is furnished.

(4) “Service Connection” shall mean all the necessary pipes, valves, stops and fittings connected therewith through which water service shall be furnished by the District through its water mains, to the private Service Connection of the User.

(5) “Employee” shall mean Board members, agents of the Board, or anyone designated by the Board to act on its behalf.

(1) Ownership: Legal title to the entire system, including all mains, laterals, Service Connections, reservoirs, pumping stations, fire hydrants, and all other property related thereto, is vested in the District and the District has and shall at all times have exclusive jurisdiction, possession and control thereof.

(2) Jurisdiction: No person other than an Employee of the District shall be permitted to install, move, change, tamper with or in any manner interfere with the Service Connection, water main, valve or any other property of the District, nor shall any person other than an Employee of the District, shut off of turn on the water, nor shall any person connect or disconnect private service, however, members of regularly constituted fire departments shall be permitted to connect to and use fire hydrants within the District for the express purpose of fighting fires, testing and use consistent therewith.

By making application for water service or by using water supplied by the District, every User shall and does thereby give and grant to the District, its agents and Employees, the right at all reasonable times to enter upon the premises to which water is furnished for the purpose of repair, inspection or maintenance of any portion of the system or to ensure compliance with there rules and regulations.

(1) Maintenance and Repair

(a) The District shall maintain and repair the mains, service pipes, structures, facilities and all appurtenances as so to keep them in repair and operative condition at all times insofar as practical and reasonable.

(b) Each User is required to use reasonable care and diligence to protect the District system from loss or damage by freezing, hot water, traffic hazards and other causes, in default of which the User shall pay to the District the full amount of the resulting damage. The User shall not permit any impediments to grow or be placed around the valves or hydrants restricting free access to such valves or hydrants.

(2) Pressure Irregularities and Shortages

(a) The District shall not be liable for damage or otherwise responsible because of pressure irregularities, interruptions, or discontinuance of water service. The Board shall have the right in cases of inadequate supply or shortage of water to determine how water from the system may be used, establish regulations limiting water use, and give preference to those uses determined to be in the best interest of public health and public convenience or necessity.

(b) The District reserves the right at any time without notice to shut off the supply of water to any User for the purpose of repair, emergency or other reasons. However, the District shall give advance notice whenever it is known that service is to be interrupted for any appreciable length of time, if such notice can be reasonably given.

(c) The District shall not be responsible for any damage in the event of any shut off, including any shut off pursuant to Section 2, Article IX, to pipes, fixtures, or for interruption of water supply or any other damage resulting from the shutting off of water or by change of water pressure.

(1) Use of Water: The District shall furnish water for ordinary domestic and community use and for such sprinkling and fire fighting purposes as the system may reasonably supply, and as may be approved by the Board.

(2) Irrigation: The District reserves the right to control, limit and forbid the use of water for purposes of irrigation or any purposes other than domestic use and in the opinion of the Board, the use of water for domestic purposes is not sufficient in amount for resident Users.

(3) Excessive or Abnormal Demands for Water

(a) Excessive: The District may terminate water service to any premises where the demand for service is greatly in excess of past average or seasonal use or where such excessive demand for such premises may be detrimental or injurious to the water service furnished to others or results in an inadequate service to others.

(b) Abnormal (Private Pools, Tanks, Spas and Ponds): When water is desired for filling a swimming pool, spa, tank or pond or for use in other abnormally large quantities, written request must be made to the District prior to taking such water. Permission to take such water in such large quantities will be made only if:

(A) The water can be safely delivered through the District’s facilities;

(B) Extra use charge as determined by the Board are paid at the time of taking such water; and

(C) An adequate supply of water can at the same time be delivered to other Users.

(4) Leakage and Waste of Water

(a) Water furnished by the District shall not be permitted to run to waste. Water shall not be permitted to run where it may endanger pipes through freezing.

(b) Leaks in private pipes shall be repaired as soon as detected. Such repairs shall be at the expense of the User. The User shall be responsible for pipes, plumbing, fixtures, etc., within the User’s premises, and the District shall not be liable for any damage or injury whatsoever for leakage or the running of water on the premises from pipelines, plumbing fixtures, open faucets, valves, and hoses.

(1) Location:

(a) A Service Connection shall be located only on a public road or easement deeded to the District at such point as the District shall determine. A Service Connection shall be made only to premises which have a public road as one of its boundaries. Whether User’s premises border or connect with two or more public roads, the District shall determine which road the Service Connection is to be installed.

(b) The District shall maintain all Service Connections in good repair without expense to the User.

(2) Relocation: Standard Service Connections requested to be removed or relocated by the User will be removed or relocated at the User’s expense. The District may change the location of Service Connections at the User’s expense where the construction of a driveway, parking area or the growth of impediments to the Service Connections or valves have been permitted in violation of its regulations.

(3) Size: A standard Service Connection shall consist of fittings and connections determined by the District to be necessary. Service Connections larger than standard will be permitted only upon written application to the District. The District reserves the right to deny the same and to install such size Service Connections as in its opinion will be adequate for the reasonable needs for the User.

(4) Separate Connections for Each User: A Service Connection is required for each dwelling. Water service to more than one building or one ownership may be furnished through one Service Connection only if all the buildings are occupied solely by and are under the jurisdiction and control of the same User. No User shall furnish water to premises not occupied by him.

(5) Spider Connections: Water service shall be provided only from pipes or mains located within streets or right of ways controlled by the District and to property or premises abutting such mains. So called “spider connections” which would provide service from one street or road to property on premises abutting another street or road shall not be permitted and requests for such service shall be denied.

(6) Private Service Lines: The User, at its own expense, shall construct a private service from the service location selected by the District to the premises to be served. Such private service line shall be installed in accordance with the codes of the governmental authorities than in effect, with good engineering practice and maintained in good order by the User.

(7) Extensions of Mains: The District may extend its mains and laterals only upon the written application of persons desiring such, and upon payment to the District of a sum of money equal to the District’s estimated cost of such extension, plus overhead costs of supervision. The size of such extension and the quality, location, size, and hydrants shall be in accordance with the specifications of the District, all of which when laid and installed shall become the sole property of the District.

(8) Other Physical Connections: No physical connections shall be made or permitted to exist even temporarily between pipes carrying water of the District and those carrying water from other sources such as wells, springs, and streams. When such connections or the facilities for the making of such connections are found to exist, the Board shall shut off, without notice, water to the premises found to be in violation. Service shall not be reestablished until satisfactory proof is furnished that the connection has been completely and permanently severed.

(1) Application for Service: All new property owners, or their duly authorized agents, renters, or lessees requesting water service shall make application for water service to the Hiland Water Corporation, the billing agency for the Mossy Brae Water District. No service shall be rendered until such application has been completed and the required payments made. All applications shall include the location of premises for which water service is requested, address to which all bills shall be sent (physical, electronic, or both), and such additional information as the District and/or Hiland Corporation may require. Application for service shall be considered as a request for service and shall not bind the District to provide such service. All new applicants for water service shall be provided access to the Mossy Brae Water District Rules and Regulations. They will also complete the Mossy Brae Water District Rates & Charges form in effect at the time of application. All owners of legal title to premises within the District, or their agents or property managers, who rent or lease the premises to tenants who are Users, as defined herein, shall provide notice to the District each time a tenant vacates the premises, is evicted from the premises, or is otherwise no longer occupying the premises.

(2) Contracts: Application for service, given in writing, shall be considered as a contract to which the applicant/User agrees to abide by all rules and regulations as are in effect at the time of signing the application, or as may be adopted or modified thereafter by the Board, and agrees to pay all bills when due.

(3) Rates and Charges: The current monthly fee is $40.00, billed bi-monthly. The monthly fee includes a $20.00 Service Fee and a $20.00 Usage Charge. If the property owner suspends water service, the Usage Charge will be stopped, but the Monthly Service Fee will remain in place. The owner of the property with a Service Connection to the District’s system is responsible for the Monthly Service Fee regardless if the property was rented or owner occupied prior to service suspension. A suspension of service must be requested and approved by the Board of the Mossy Brae Water District. Suspension of service is granted occasionally when the house is temporarily vacated and no water is used. Hiland Water Corporation will be notified and the monthly billing will be adjusted accordingly.

(1) Termination at Request of User

(a) A User occupying the premises served with water may have water service to such premises temporarily or indefinitely terminated by giving the District written notice ten (10) days in advance of the effective date of termination. Such User shall pay charges for services rendered to the date of such termination.

(b) Restoration: Where water service has been discontinued at the request of the User and the full charge is paid, such service may be restored at the request of the User without additional charge.

(2) Termination of Service by District

(a) The District may terminate water service to premises served by it after notice as provided under Section 4 of Article VIII upon occurrence of any of the following:

(A) Non-payment of water service charges;

(B) Excessive/abnormal demands for water;

(C) Violation of any rule or regulation set forth herein;

(b) Service of Notice of Termination: The District may terminate water service under 2.1.1 of this Article by written notice as provided in Section 4 of Article VIII using regular postal service delivery. The District may terminate water service where such premises or Users are in violation of subsections 2.1.2 and 2.1.3 of this Article by giving ten (10) days written notice by certified mail of such violation. The notice shall contain the specific violation, date of termination of service, a statement that the User is entitled to a hearing and that the User must request a hearing prior to the date of termination. Restoration of service charges for failure to comply with the rules and regulations shall be determined by the Board and may include any professional fees incurred by the District (e.g. plumbing, pipe locators, etc.)

(3) Penalty: The District may charge a fee, after notice described in Section 4 of Article VIII is given but before service is terminated, or after termination for restoring water service in all cases except where such termination is at the request of the User. In addition, if restoration of service is requested by the User, the Board may charge and collect from the User any professional fees, e.g. plumbers, pipe locators, etc., incurred by the District in the termination or restoration of water service.

(4) Exclusive Right to Restore Service: No one has the right to restore water service which has been shut off due to violation of the rules and regulations, emergency or non-payment. The right to restoration of service is the exclusive right of the Board or its agent.

(1) Installation and Use: Additional fire hydrants may be installed by the District upon application and upon payment to the District of the cost therefor in advance. Type, size, location and other factors involved shall be governed by the District.

(2) Damage: No person other than an agent of the District shall open any fire hydrant or attempt to draw water from it or in any manner tamper with it. Violators may be subject to criminal prosecution.

(3) Moving Hydrants: If a User desires to change the size, type or location of an existing hydrant, he shall pay all such charges if the District approves the change to be made.

(4) Charges: No charge will be made for water used to extinguish accidental fires. Any water taken through a fire protection line for purposes other than fire protection shall be prohibited unless with prior written permission from the Board.

(5) Ownership: The Service Connection and all equipment pertinent thereto shall be the sole property of the District.

(6) Pressure and Supply: It is understood and agreed that the District is without authority to furnish fire protection service, and it undertakes to furnish only water service. The District has no responsibility for damage claimed to have been due to a lack of water supply or water pressure and merely agrees to furnish such quantity of water at such pressures as is available in the general distribution system.

The District shall not be responsible for any damage such as the bursting of equipment or appliances, breaking of any pipe or fixtures, stoppage or interruption of water supply or any other damage resulting from shutting off of water. This includes damage to property caused by faucets, valves and other equipment that are open when the water is turned on originally or when turned on after a temporary shutdown.

The User shall be liable for any damage to equipment or property owner by the District which is caused by an act of the User or his tenants, agents, employees, contractors, licensees, or permittees. The District shall be reimbursed by the User for any such damage promptly on presentation of the bill.

All new plumbing and all modifications to existing plumbing systems within buildings serviced by the District shall be so installed and all plumbing fixtures so constructed as to prevent pollution of water supply by back-siphonage or cross-connections. Water service to any premises known or found to have such defects and hazards shall be disconnected and not restored until such defects and hazards have been eliminated.

All complaints and special requests for service and all other matters upon which action by the District is requested or sought, shall be presented to the District in writing. No oral request or complaint will receive consideration.

(1) The Board of Commissioners may from time to time, as the occasion may demand or require and in accordance with procedures set for by law, make such changes, modifications, revisions, and additions to the rules and regulations as may be deemed necessary in the interest of the District.

(2) Rates and charges for installation of piping, main extensions and other fees are charges may likewise be revised in accordance with the procedures set forth by law and as necessary and as required in the interest of the District.

(3) These rules and regulations shall be effective January 1, 2006 and all other rules and regulations shall terminate as of that date.