rules & regulations
RULES & REGULATIONS
1. IRRIGATION SEASON: The Board of Directors shall set the date the water will be turned into the canal and also the date the water will be turned off for the season.
2. ADVANCE PAYMENT: The Black Canyon Irrigation District operates on a toll system of collection and no water shall be delivered in the SECOND UNIT until all assessments are paid in full and all Bureau of Reclamation paperwork has been completed (if applicable). The FIRST UNIT shall have until June 20th for this payment, as long as all past assessments are paid in full.
3. DELIVERY POINT: The delivery point for all land shall remain as constructed and designated by the Bureau of Reclamation, unless changes to delivery point are made by the District upon approval of the Board of Directors. No new or additional structures shall be installed for less than twenty (20) contiguous acres classified irrigable by the Bureau of Reclamation. Weirs will be altered only at the expense of the water user, and with the permission of the Manager. No water will be pumped from District facilities (unless a Pump Permit, approved by the Board of Directors, is on file at the District office).
4. DELIVERY AMOUNT AND WATER RATIONING: Water will be delivered on demand up to the capacity of the system, and availability of the water. Any water rationing will be computed on irrigable acreage water rights.
5. NOTICE OF CHANGE OF DELIVERY AMOUNT: The Manager will require 24 hours written notice of change in delivery. Orders for changes must be received before 2:00 p.m. on the day previous to the day the change in delivery amount is requested. For Monday delivery, the water order needs to be entered by 2:00 p.m. on Saturday. No changes will be made on Sunday.
6. ADDITIONAL WATER RIGHTS: The present district area slightly exceeds the district water rights, and therefore no additional water rights are available.
7. LOCKING BOXES: Delivery boxes and turnout gates may be locked at all times and no unauthorized person shall regulate or adjust the water deliveries. Persons tampering with water deliveries must bear full responsibility for any damages incurred therefrom.
8. FLOODED WEIRS: Every effort will be made to secure correct readings at flooded measuring devices, but it is the water user’s responsibility for flooding and the user must bear the possible loss of water.
9. FENCES: No exterior boundary line fences or gates will be built across Irrigation District easements for ditch rider access roads, canals, laterals, or drains. No fences, including interior fences, will be built which interfere with weed spraying or canal, lateral, or drain maintenance or operations. Domesticated birds and animals and livestock which interfere with District operations or proper distribution of water or which unduly muddy the water will not be permitted on canal or lateral right of way. Fences shall be set off easement right of way for cleaning or both sides of any road, canal, lateral or drain.
A landowner shall apply to the District on a form provided by the District for installation of a cattle guard.
Should the landowner elect to have cattle guards installed, when approved by the District outside of the irrigation season, then the landowner shall prepay the District no later than thirty (30) days before the proposed installation of said guard, the cost of acquisition of the cattle guard as determined by the District. The district will install the cattle guard at the site set out in the landowners approved application at the Districts expenses and at a time convenient to the District. No cattle guards will be installed during the irrigation season.
If more than one landowner has pending applications for cattle guards, installation of cattle guards shall be determined by the date of filing of the application. Provided that the actual installation shall only occur during the non irrigation season and as the District labor time and District resources allow.
The one-half of the costs of maintaining cattle guards installed from and after the effective date of this policy amendment for ordinary wear and tear and upkeep shall be paid by the landowner and the other half by the District. Provided that the landowner shall give thirty (30) days prior written notice to the District office before obligating the District to any maintenance expenses.
Enforcement of this policy shall follow this procedure:
Installation, construction or the presence of a fence or gate in violation of this policy shall cause the issuance of a written warning to the landowner, advising said landowner of the violation and furnishing a copy of this policy to the landowner and requesting that the violation be removed within ten (10) days of the Notice of Violation, as defined herein below. Notice of Violation may be, at the discretion of the District Manager, served personally upon the landowner or be served by Certified mail addressed to the landowner at the address on the District’s assessment records, postage prepaid. The ten (10) days shall commence upon the date of personal service or the date of mailing the Notice of Violation, whichever method is used.
Should the violation fail to be remedied by the end of the ten (10) day notice the District Manager shall cause the fence to be removed by the District employees.
10. BUILDINGS: No buildings will be permitted on any District right of way.
11. BRIDGES: Bridges and pipe crossings may be built in and over canal and laterals if they do not interfere with operation and maintenance, but only after the necessary crossing agreements have been obtained from the Bureau of Reclamation and approved by the Board. No bridging will be permitted on canals and laterals to accommodate wheel line sprinklers.
Total expenses, labor, materials, etc. to be paid by the landowner except in cases where the District shall benefit. The percent of benefit will be determined by the District Manager and approved by the Board. The District shall pay the percentage of determined District benefit through labor, equipment, and materials.
12. CROSSING-DRAINAGE CHANNELS: Culverts under canals and laterals must not be plugged by leveling or damming the channel below as to interfere with the free flow of water in the structure.
13. COOPERATIVE PIPING: Any pipeline installed on a District lateral will be scheduled at the convenience of the District. A written agreement must be signed with the estimated cost, along with a pipeline easement, before work is to start. All material to be furnished by the landowner must be on the job site before the start of construction. If the District is supplying the materials, payment must be received before the start of construction.
14. SMALL TRACT WATER SYSTEMS: Subdivisions and small tracts (under five acres) must provide their own water system and measuring devices which should provide for a disposal of excess water. See also Rule #3 and #4.
15. RELOCATING LATERALS: All laterals of the District and Right-of-Ways are property of the United States. Before relocating, an agreement must be signed. Anyone destroying a lateral without a signed agreement will be issued an injunction to stop work immediately. See Rule #3.
16. NEW STRUCTURES: Any new turnout or structure is to be approved by the Manager. Total expenses labor, materials, ect., to be paid by the landowner. See Rule #13 and #15.
17. DELIVERY WATER: No water will be delivered over any weir pumped or diverted from any waste way or drain and used or applied on lands classified as non irrigable or dry, as per the District plat book showing the irrigable lands of the Black Canyon Irrigation District. See also Article #13 and #35 of the Amendatory Contract between the United States of America and Black Canyon Irrigation District No #14-06-W70.
18. TRANSFERING OF WATER: No water will be temporarily transferred from one property owner to a second property owner without the consent of the Manager of Black Canyon Irrigation prior to water being transferred. No water will be permanently transferred from one property owner to a second property owner without the consent of the Board of Directors of Black Canyon Irrigation prior to water being transferred. Whether the transfer will be temporary (for one irrigation season) or permanent, determines the paperwork, documentation, and fee requirements for the request. See Rule #17.
19. SEWAGE: No sewage, wastewater, and/or domestic water will be disposed of, in or through the Districts canals or laterals.
20. RIGHT OF WAYS: The District has reserved a Right of Way Easement, measured from the waters edge of the canal on both sides, the necessary distance required for the proper operation and maintenance for said canal or lateral. No sprinkling of ditch rider access roads will be allowed.
21. PIPELINES: Any property owned pipelines, crossing District’s laterals, are to be a minimum of 36” under the bottom of the lateral and access road. Such pipeline, to be installed, is not to interfere with the maintenance easement of the District. Pipe is to be 100 pound PSI PIP for pipelines.
22. PUMPS: All pumps must be installed below the weir, and in such a manner so as not to become flooded should a fluctuation in the water occur due to trash buildup or power outage. An overflow is to be installed capable of handling the entire ordered flow and such shall not be allowed to return into the District Lateral. See also Rule #3. The District assumes no responsibility on pumps and motors due to being short of water.
23. SUBDIVISIONS: A plat is required at a scale of 1” to 400” of all subdivided irrigable acreage of the District. See also Rules # 3, #4, #14.
24. DRAINAGE CROSSINGS: All crossings in drainage ditches within the boundaries of the District will be subject to the approval of the Manager of the District in all cases. Such pipe crossings installed will be either concrete reinforced or new galvanized steel pipe. Responsibility for installation, maintenance and replacement costs of said crossing shall remain with the landowners, his assessors and assigns by recorded deed within the county. The District assumes no liability for damage to crossings in normal maintenance operations. All drains that the District can directly place water in have to have a crossing permit from the Bureau of Reclamation.
25. LATERAL CROSSINGS: All crossings installed in laterals will be only of concrete reinforced pipe. Cost of installation will be at the land owner’s expense.
26. INDUSTRIAL ACCIDENT INSURANCE: The District is required under the Idaho Workmen’s Compensation Act to carry employee insurance against “ON THE JOB ACCIDENT AND OCCUPATIONAL DISEASES”. The Districts liability to an employee on account of accidents or sickness caused by his employment is covered by the State Insurance Fund. Disability compensation is limited to those benefits provided in the workman’s compensation act.
PTO cannot be used while the employee is receiving industrial compensation.
27. DELIVERY AT THE END OF LATERALS: The Board of Directors, in their regular meeting on March 5, 1996, moved and seconded to have the last head gate on all laterals within the Black Canyon Irrigation District designated to handle water fluctuation and water to stay within the boundaries of the district.
28. TO PETITION TO TRANSFER WATER RIGHTS OUT OF THE DISTRICT: The Board of Directors in their regular meeting on March 3, 1998, moved and seconded that to petition to transfer waters out of the District, all construction charges will be paid in full to the Bureau of Reclamation.