HomeMy WebLinkAboutWater Rights Agreement - RRVIDCOOPERATIVE AGREEMENT
Rogue River Valley Irrigation District, an Oregon Irrigation District ("RRVID")
AivD: The City of Cenntral Point, an Oregon Municipal Corporation ("City")
DATED: ~'~ '~- _U /
RECITALS
A. ORS 195.020 requires that a city and any special district providing an urban
service within an urban growth boundary enter into a cooperative agreement.
B. RRVID is an irrigation district organized under ORS Chapter 545 for the purpose
of diverting and delivering water to, landowners within RRVID's boundaries. RRVID owns
and/or operates three major reservoirs as well as an extensive water delivery system including
canals, ditches, siphons, and related structures.
C. A large portion of RRVID's service area is located within the City's urban growth
boundary.
D. The rapid urbanization of RRVID's service area is reducing the demand for
irrigation water service from RRVID while simultaneously increasing the demand for municipal
water service from the City.
E. The City is seeking to acquire additional water rights to supply the increasing
municipal demand. RRVID holds certain water rights in trust for its patrons that it is willing to
transfer to municipal use.
F. The parties recognize the mutual benefits to be derived from a cooperative
approach to the reallocation of water from irrigation to municipal use. To accomplish this, the
parties wish to enter into an agreement ("Agreement"} that defines the relationship between the
parties for all future water service matters.
G. The City and the Medford Water Commission, which provides the City's potable
water supply, entered into an agreement dated September 7, 2005, in which the City agreed to
"purchase or acquire" stored water or other water rights in sufficient quantities to meet its 2020
summertime demand. The agreement requires the City to purchase the first one-third of the
forecast 2020 demand by August 1, 200b; the second one-third by September 7, 2010; and the
final one-third by September 7, 2015.
AGREEMENT
NOW, THEREFORE, the parties mutually agree as follows:
1. Water Transfer to Municipal Use. Subject to the terms of this Agreement,
RRVID agrees to supply water to the City as such water becomes available due to lack of
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irrigation demand. Such water shall be lawfully transferred to municipal use through the
statutory process administered by the Oregon Water Resources Department ("OWRD"). RRVID
shall provide such supply either through (a) the sale of water rights pursuant to a water rights
purchase agreement (a form of which is attached as Exhibit A) or (b) the perpetual delivery of
water pursuant to a water service contract (a form of which is attached as Exhibit B).
2. Protection of Patrons. The delivery of water to the City cannot impair RRVID's
ability to continue delivering irrigation water to landowners within its boundaries or impair
RRVID's ability to continue operating its facilities for this purpose. In particular, RRVID holds
supplemental water rights that it diverts at various points throughout its delivery system. These
rights must be protected to maintain RRVID's ability to serve its patrons.
3. Water Delivery and Diversion. The parties understand that the City must take
delivery of RRVID water at the intakes of the Medford Water Commission's Duff Treatment
Plant, located on the Rogue River. RRVID agrees to deliver water to that point. However, the
parties recognize that such deliveries have the potential to impair RRVID's ability to deliver
water to existing patrons. Therefore, the parties agree to work cooperatively to seek approval of
an upstream exchange on the stretch of the Rogue River between Bear Creek and the Duff
Treatment Plant. If successful, the City agrees to take delivery of its water at the mouth of Bear
Creek rather than the Duff Treatment Plant.
4. City's Financial Obligations. The•diversion and delivery of water to the City
must result in a neutral financial impact to RRVID. To that end, the City agrees to pay all
incurred charges assessed against the formerly irrigated lands if not paid by the selling
landowner by the last day of February each year. Moreover, the City agrees to pay an additional
fee based on any expenses that are unique to the storage, release or delivery of water to the City.
5. Transfer/Exchange Costs. The City shall pay for all costs associated with any
transfer and/or exchange applications to be filed with OWRD. The City shall also pay for
RRVID's transactional costs associated with processing the transfer and/or exchange. The filing
fee for a transfer currently starts at $350. The filing fee for an exchange currently starts at $350.
In addition, RRVID anticipates that its related costs for technical and legal assistance would be
.approximately $3,000 to $5,000 per application. These related costs could be significantly
higher in the event that a third party challenges the transfer or exchange.
6. RRV1D Rules and Regulations. The City shall be bound by RRVID's current
rules and regulations (a copy of which is attached as Exhibit C), as they may change from time to
time, and shall accept water on the same terms and conditions as all other users. During times of
shortage, the City shall be subject to the same pro-rata reduction in deliveries as all other RRVID
patrons. The City understands that RRVID delivers water on a rotation basis, and that water will
be available to it only at the times it was historically delivered to the former irrigated lands, or at
other times upon advance approval, in RRVID's sole discretion.
7. Water Quality. RRVID makes no representations regarding the quality of the
water delivered to the City's intakes, and shall have no liability for poor or decreased water
quality at the City's intakes or elsewhere along the ultimate path of delivery.
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8. Annual Meetings. The City and RRVID agree to meet on an annual basis or
more frequently, as needed, to discuss matters of intergovernmental concern and options for
RRVID-provided water service to properties within the City's service boundaries.
9. Facility Improvements. The parties recognize that it may be possible to free up
additional water for municipal use through system efficiency improvements to the Cascade Canal
or other RRVID delivery facilities. The parties agree to negotiate in good faith a separate
agreement to cooperatively pursue the construction of such improvements through joint funding
applications, studies, or other necessary measures.
10. Alternate Delivery. The City agrees to accept RRVID water deliveries at the
mouth of Bear Creek after obtaining authorization for an upstream exchange from OWRD.
11. Term. The term of this Agreement is perpetual. It shall be terminable only by
mutual consent of the parties.
12. RRVTD Autonomy. RRVID shall continue to be an autonomous irrigation
district under the terms of this Agreement. RRVID is solely entitled to retain the revenue
generated from the annual collection of incurred charges. RRVID shall maintain sole control
over its own equipment and employees at all times.
13. RRVID Successors. If RRVID merges with another entity or is converted into
another entity, this Agreement and any related contracts shall be binding on the new entity unless
specifically stated to the contrary in such contracts. In the event that RRVID ceases to exist or
becomes unable to deliver water to the City in the future due to operational constraints, RRVID
shall provide the City with the first right of refusal to acquire RRVID's water rights at market
rates.
14. Venue; Attorney Fees. This Agreement shall be enforceable by either party
through suit in the Jackson County Circuit Court. In the event such suit is necessary, the
prevailing party shall be entitled to recover its litigation expenses, including reasonable attorney
fees and costs.
RRVID:
ROGUE RIVER VALLEY IRRIGATION
DISTRICT, an Oregon Irrigation District
CITY:
CITY OF CENTRAL POINT, an Oregon
Municipal Corporation
Name: ~~t A ~ C h Q- t~~'t 5-/oi~
Its: SgQ~al ~ h4 r.- ~e~
.~ ~/~ 8
sy: 0~
Name: l~.~~. l~~ 1 ~ n ~~
Its:
Page 3 -COOPERATIVE AGREEMENT 48038-34461 l04813.doc1M.4u7/30a007
EXHIBIT A
AGREEMENT FOR PURCHASE AND SALE
OF WATER RIGHTS
BETWEEN: Rogue River Valley Irrigation District, an Oregon Irrigation District ("RRVID")
AND: The City of Central Point, an Oregon Municipal Corporation ("City")
DATED: , 2007 ("Effective Date")
RECITALS
A. RRVID and the City are collectively referred to in this Agreement as the "Parties."
B. RRVID is an irrigation district organized under ORS Chapter 545 for the purpose of
diverting and delivering water to landowners within RRVID's boundaries. RRVID owns and/or
operates three major reservoirs as well as an extensive water delivery system including canals,
ditches, siphons, and related structures. Appurtenant to certain land within RRVID's boundaries
are water rights evidenced by the certificates listed in the attached Exhibit 1. RRVID owns
acres of the certif ed water rights, which it wishes to sell and convey to the City (the
"Water Rights"}.
C. The City is seeking to acquire additional water rights to supply its increasing
municipal demand. Pursuant to a Cooperative Agreement dated between
the City and RRVID (the "Cooperative Agreement'), the terms of which are incorporated herein
by this reference, RRVID has determined that the Water Rights are available for transfer and/or
exchange due to a lack of irrigation demand.
D. The City desires to purchase the Water Rights from RRVID and transfer them for
use in supplying the City's increasing municipal demand. RRVID desires to sell the Water
Rights to the City on the terms and conditions set forth in this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the Recitals set forth above, which are
contractual, and for other good and valuable consideration described in this Agreement, the
receipt and sufficiency of which are acknowledged, the Parties agree as set forth below.
ARTICLE 1
SALE OF WATER RIGHTS
i.l Sale of Water Rights. RRVID agrees to sell the Water Rights to the City, and
the City agrees to buy the Water Rights from RRVID, subject to the terms and conditions in this
Agreement (the "Sale"}.
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ARTICLE 2
EARNEST MONEY DEPOSIT; PURCHASE PRICE; TRANSFER
2.1 Earnest Money Deposit. On the Effective Date, the City shall deliver
$ to RRVID in the form of cash or a cashier's check (collectively, "Cash") as earnest
money ("Earnest Money"} for the purchase of the Water Rights.
2.2 Purchase Price. The purchase price ("Purchase Price") for the Water Rights
shall be ,payable in Cash
within ten (10) days following issuance of a Final Order by the Oregon Water Resources
Department ("OWRD") authorizing the transfer of the Water Rights to the City's designated
point of diversion for municipal use within the City's chosen place of use (the "Final Order").
2.3 Application of Earnest Money Deposit to Purchase Price. The Earnest Money
shall be applied to the Purchase Price upon issuance of the Final Order.
2.4 Quitclaim Deed. Upon full payment of the Purchase Price, RRVID shall deliver
to the City an executed and acknowledged Quitclaim Deed ("Deed"), in the form attached as
Exhibit 2, transferring ownership of the Water Rights to the City. RRVID authorizes the City to
record the Deed in the real property records of Jackson County, Oregon.
ARTICLE 3
CONDITIONS PRECEDENT TO SALE
3.1 Contingent Upon Final Order. The City's obligation to pay the Purchase Price
is contingent upon the issuance by OWRD of a Final Order authorizing the transfer of the Water
Rights to the City's designated point of diversion for municipal use within the City's chosen
place of use.
3.2 Payment of Transfer and/or Exchange Fees. The City shall pay for all costs
associated with any transfer and/or exchange applications to be filed with OWRD. The City
shall also pay for the District's transactional costs associated with processing the transfer and/or
exchange.
3.3 IZRVID's Cooperation. RRVID shall cooperate with the City in the processing
of any transfer and/or exchange applications and shall provide any information necessary to
facilitate the transfer.
3.4 The City's Cooperation. The City shall be bound by RRVID's current rules and
regulations (a copy of which is attached to the Cooperative Agreement), as they may change
from time to time, and will accept water on the same terms and conditions as all other users.
3.5 Denial of Transfer Application. If OWRD denies the transfer and/or exchange
of the Water Rights, includes conditions in its approval of a transfer or exchange that are
unacceptable to RRVID, or determines that it will not issue a Final Order, or if the Water Rights
cannot otherwise be transferred and/or exchanged for municipal use at the City's chosen point of
diversion and place of use, RRVID shall refund the Earnest Money to the City within ten (10}
days following written notice from the City to RRVID of such denial or determination.
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ARTICLE 4
ACKNOWLEDGEMENTS, REPRESENTATIONS AND WARRANTIES
4.1 Delivery. RRVID will deliver the Purchased Water to the City at the intakes of
the Medford Water Commission's Duff Treatment Plant located on the Rogue River until such
time as an upstream exchange is obtained authorizing the delivery of water at the mouth of Bear
Creek, as contemplated in the Cooperative Agreement. If an exchange is not obtained for
whatever reason, RRVID will continue to deliver water pursuant to this Agreement at the intakes
of the Medford Water Commission's Duff Treatment Plant. The Purchased Water will be
delivered during the RRVID irrigation season, which may vary in length from year to year, but
which generally runs from April 15"'to October lsr
4.2 Limitation on Liabilities; Indemnification. Notwithstanding any other
provision of this Agreement, the Parties agree that RRVID will not be liable for breach of this
Agreement or damages, or both, if RRVID is unable to provide the Purchased Water to the City
due to inadequate water supply availability despite availability projections made by RRVID, or if
RRVID is unable to provide water to the City due to interruptions in RRVID's water system
arising out of or resulting from breakdowns, emergency shutoff, or any reason other than
interruptions caused by the intentional misconduct or gross negligence of RRVID, its agents and
employees. The City will indemnify and hold RRVID, its elected and appointed officials,
employees, agents and volunteers harmless from any losses or damages (including, but not
limited to, consequential damages) arising out of or resulting from RRVID's inability to provide
Purchased Water to the City.
4.3 Water Quality. RRVID makes no representation regarding the quality of the
water delivered to the City's intakes, and shall have no liability for poor or decreased water
quality at the City's intakes or elsewhere along the ultimate path of delivery.
4.4 Shortage. Pursuant to the Cooperative Agreement, during times of shortage, the
City shall share any reduction in available water supply on a pro-rata basis with all other RRVID
patrons.
4.5 Binding Effect of Documents. This Agreement and the other documents to be
executed by the Parties will constitute legal, valid and binding obligations of the Parties. Neither
this Agreement nor anything provided to be done under this Agreement violates or shall violate
any contract, document, understanding, agreement or instrument to which RRVID or the City is
a party or by which they are bound.
4.6 Marketable Title. RRVID represents and warrants that it holds good and
marketable title to the Water Rights and that no other person or entity has any right of interest in
the Water Rights.
4.7 Pending Transactions, Suits or Proceedings. To RRVID's actual knowledge,
there are no transactions, suits, proceedings, litigation (including zoning or other land use
regulation proceedings), condemnation, or investigations pending or threatened against or
affecting the Water Rights or RRVID as the owner of the Water Rights in any court at law or in
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equity, or before or by any governmental department, commission, board, agency or
instrumentality, which would prevent RRVID from meeting any of its obligations under this
Agreement or which would result in a material adverse change in the status, ownership or use of
the Water Rights.
4.8 No Rights To Acquire Water Rights. RRVID has not granted any rights to
acquire the Water Rights, or any portion of them, to any other person or entity, and as long as
this Agreement remains in force, RRVID will not, without the City's prior written consent, lease,
transfer, option, mortgage, pledge, or convey its interest in the Water Rights, or any portion of
them, nor shall RRVID enter into any agreement granting to any person or entity any option to
purchase the Water Rights superior to the City with respect to the Water Rights, or any portion of
them.
4.9 Recording Memorandum. In addition to the Deed, the Parties agree that upon
execution of this Agreement, the Parties shall execute and record a Memorandum in the form
attached as Exhibit 3. This Memorandum will provide notice to interested third parties that the
Water Rights are under contract pursuant to this Agreement and are not available far lease,
transfer, option, mortgage, pledge, or conveyance.
4.18 RRVID's Use Conforming. To RRVID's actual knowledge, RRVID's
ownership and beneficial use of the Water Rights are in conformance with alI applicable laws
and regulations; RRVID has no actual knowledge of any violation or alleged violation of any
governmental law or regulation applicable to the Water Rights; and RRVID represents and
warrants that the Water Rights are valid, not subject to cancellation or forfeiture, and subject to
transfer under Oregon law.
ARTICLE 5
ASSIGNMENT
5.1 Assignment. The Parties may not assign or otherwise transfer any of their rights
or obligations under this Agreement without prior written consent from the other party.
ARTICLE 6
GENERAL PROVISIONS
6.1 Agreement Survives Closing. All representations, warranties, and covenants,
and all obligations referred to or required to be performed shall survive the Sale and the
recording of the Deed.
6.2 Attorney Fees. Should any legal action be brought by either party for a breach of
this Agreement, or to enforce any provision thereof, the prevailing party shall be entitled to
reasonable attorney fees, court costs, and any other costs, at trial or on appeal, as may be fixed by
the Court.
6.3 Captions. The captions used in this Agreement are for convenience only and are
not a part of this Agreement and do not in any way Limit or amplify its terms and provisions.
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6.4 Construction of Agreement. The terms and provisions contained in this .
Agreement shall not be construed in favor of or against either Party, but shall be construed as if
both Parties prepared this Agreement.
6.5 Counterparts. This Agreement maybe executed in counterparts, each of which,
when taken together, shall constitute fully executed originals. A signature sent and received by
facsimile shall have the same effect as an original signature.
6.6 Entire Agreement. This Agreement constitutes the entire agreement between the
Parties pertaining to the subject matter of the Agreement, and all prior and contemporaneous
agreements, representations, negotiations and understandings of the Parties, oral or written, are
superseded and merged in this Agreement. The foregoing sentence shall in no way affect the
validity of any instruments executed by the Parties in the form of the exhibits attached to this
Agreement.
6.7 Exhibits. All attached exhibits are incorporated in the Agreement by reference,
as though set forth in their entirety.
6.8 Gender and Number. The use herein of {i} the neuter gender includes the
masculine and the feminine and (ii) the singular number includes the plural, whenever the
context so requires.
6.9 Governing Law. This Agreement and the documents in the forms attached as
exhibits to it shall be governed by and construed under the laws of the State of Oregon.
6.10 Modification. No modification, waiver, amendment, discharge, or change of this
Agreement shall be valid unless the same is in writing and signed by the Parties.
6.11 Notice and Payments. Any notice or document to be given pursuant to this
Agreement must either be delivered in person; deposited in the United States mail duly certified
or registered, return receipt requested with postage prepaid; sent by Federal Express or other
similar overnight delivery service marked for next day delivery; or transmitted by facsimile with
.confirmation to the parties listed below. Facsimile notice shall be deemed received as indicated
in the facsimile confirmation. Other notices shall be deemed received one (1) day after deposit
with the carrier, or upon actual receipt, if earlier. Any party listed below may designate a
different address, which shall be substituted for the one specified below by written notice to the
others.
Tf to I2RVID: Rogue River Valley Irrigation District
313 9 Merriman Road
Medford OR 37501
with a copy to: Steve Shropshire
Jordan Schrader PC
PO Box 230669
Portland OR 97281
Fax: (503) 598-7373
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08038-34d6! 1048I3.dociMA!/7/30/2007
If to the City: The City of Central Point
140 S Third St
Central Point OR 97502
Fax:
with a copy to:
6.12 Severability. In the event that any phrase, clause, sentence, paragraph, section,
article or other portion of this Agreement shall become illegal, null or void or against public
policy, for any reason, or shall be held by any court of competent jurisdiction to be illegal, null
or void or against public policy, the remaining portions of this Agreement shall not be affected
thereby and shall remain in force and effect to the fullest extent permissible by law.
6.13 Successors and Assigns. Subject to limitations expressed elsewhere, each and all
of the covenants and conditions of this Agreement shall inure to the benefit of and shall be
binding upon the successors-in-interest, assigns and representatives of the Parties hereto. As
used in the foregoing, "successors" shall refer to the Parties' interest in the Water Rights and to
their successors by merger or consolidation.
6.14 Time of the Essence. Time is of the essence with respect to each and every
provision of this Agreement.
6.15 Legal Representation. The Parties acknowledge that this is a legal document
and that they have been advised to obtain the advice of legal counsel in connection with the
review and execution of this Agreement. The Parties covenant that they will not deny the
enforceability of this Agreement on the basis that either elects not to obtain legal counsel to
review and approve this Agreement.
6.16 Waiver. No waiver by the City or RRVID of a breach of any of the terms,
covenants or conditions of this Agreement by the other Party shall be construed or held to be a
waiver of any succeeding or preceding breach of the same or any other term, covenant or
condition herein contained. No waiver of any default by the City or RRVID hereunder shall be
implied from any omission by the other Party to take any action on account of such default if
such default persists or is repeated, and no express waiver shall affect a default other than as
specified in such waiver. The consent or approval by the City or RRVID to or of any act by the
other Party requiring the consent or approval of the first party shall not be deemed to waive or
render unnecessary such Party's consent or approval to or of any subsequent similar acts by the
other Parry.
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! .
6.17 Negation of Agency; Partnership. No provision of this Agreement shall be
construed as making either Party an employee, independent contractor, agent, or partner of the
other.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective
Date.
RRVID:
ROGUE RIVER VALLEY IRRIGATION
DISTRICT, an Oregon Irrigation District
By:
Name:
Its:
THE CITY:
CITY OF CENTRAL POINT, an Oregon
Municipal Corporation
By:
Name:
Its:
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CERTIFICATT~ PERMIT ~ PERFECTED UIYUER ~ POINT OF 11[VERSION Ugg
79911 407 Four Mile Dam and Fish Lake Reservoir Irrigation; Domestic, Municipal and
Manufacturin
79912 R-4563 & R-G175 . Agate Darn on Dry Creek, Antelope Supplemental Irrigation
Creek, North and South Fork Little Butte
Creek and Agate Reservoir
ROS65 Old Certificate L 7213 Notch and South Forks of the LittJc Butte Primary litigation -1 CFS to 140 acres
.Creek
80567 Old Ccrtifrcate 17213 North and South Forks of the Little Butte Primary Irrigation -1 CFS to 140 acres
Creek
80569 E-19 North and South Forks of the Linle Butte Primary ~9,048.20)lSupplemental (705.20)
80571 Creek and Bradshaw Drop' UI 00 of one CFS per second or it`s
e uivalent
R-50 Four Mile, Fish Lake Reservoir, North Supplcmentai Irrigation
Fork Little Butte Creek and Bradshaw
Dro
$0573 R-SO Four Mile Lake, Fish Lake Dattt, North Manufacturing and Domestic Uses
.Fork Little Butte C;eck, Bradshaw Drop
80574
t705
Ho kips Carrot _
Sup lemerttal Itri anon
84575 ~ 1706 Bear Creek Diversion 37-i W-30 NE Supplemental Irrigation
NW
SOS7b R-4563 & R-6175 Agate Dam nn Dry Creek - Su plernetttal lm anon
80577 ~
2993
C'rriffin Creek and Jackson Creek into . .
Supplemental Irrigation
Lio kins Canal
81635 407 North and South Forks of the Little Bette Ivianufacturing and Domestic Uses
Creek
495 } Lake, Osborne, Yankee, Antclnpe, Dry, Supplemental Irrigation
Bear, Anderson, Coleman, C'rriffin,
', Jackson, Horn, Willow, Little Butte
Creeks; Bradshaw Drop, Little Butte -
Canal, Hopkins Canal, Phoenix Canal,
Bear Crack Canal, Iuncdon Canal,
Oakleigh Canal,
25915 Conde Creek, Dead Indian Creek, Haley Supplemental Irrigation
Creek/$caver Dam Creek, South Fork
Little Butte Creek,_Howard Prairie Dam
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EXHIBIT 2
QUITCLAIM DEED
AFTER RECORDING RETURN TO:
Jordan Schrader PC
PO Box 230669
Portland OR 97281
(48038-34461 - AMJ)
This space is reserved for recorder's use.
QUITCLAIM DEED
By this instrument, Rogue River Valley Irrigation District, GRANTOR, for the
consideration hereinafter stated, releases and quitclaims to the City of Central Point, GRANTEE,
all right, title and interest in and to all water rights appurtenant to and delivered by Grantor to the
real property situated in Jackson County, Oregon, described on Exhibit 1 attached hereto.
The true and actual consideration paid for this transfer, stated in terms of dollars, is
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF
ANY, UNDER ORS 197.352. THIS INSTRUMENT DOES NOT ALLOW USE OF THE
PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE
LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS
INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD
CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO
VERIFY APPROVED USES, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST
FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE
ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER
ORS 197.352.
DATED this day of , 2007.
GRANTOR:
Rogue River Valley Irrigation District
By:
Its:
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STATE OF OREGON )
ss.
County of )
This instrument was acknowledged before me on , 2007, by
as _ of Rogue River
Valley Irrigation District.
NOTARY PUBLIC FOR OREGON
My Commission Expires:
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EXHIBIT 3
MEMORANDUM
AFTER RECORDING RETURN TO:
Jordan Schrader PC
PO Box 230669
Portland OR 97281
(48038-34461 - AMJ)
This space provided for recorder's use.
MEMORANDUM OF AGREEMENT
This is a Memorandum of that certain unrecorded Agreement for Purchase and Sale of Water
Rights (the "Agreement"} dated _, 2007, between Rogue River Valley
Irrigation District, as RRVID ("RRVID"), and the City of Central Point, as purchaser
("Purchaser"}, encumbering the real property situated in Jackson County, Oregon, and described
as set forth in Exhibit A attached hereto (the "Property"}.
The Effective Date of the Agreement is _, 2007.
Purchaser has the right to purchase certain water rights associated with the Property as set forth
in the Agreement.
This Memorandum is not a complete summary of the Agreement. Provisions in this
Memorandum shall not be used in interpreting the Agreement provisions. In the event of a
conflict between this Memorandum and the unrecorded Agreement, the unrecorded Agreement
shall control.
IN WITNESS WHEREOF, the parties have executed this Memorandum on
_, 2007.
RRVID:
ROGUE RIVER VALLEY IRRIGATION
DISTRICT
By: _
Name:
Title:
PURCHASER:
THE CITY OF CENTRAL POINT
By:
Name:
Title:
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STATE OF OREGON )
) S5.
County of )
This instrument was acknowledged before me on , 2007, by
as of Rogue River Valley Irrigation District.
NOTARY PUBLIC FOR OREGON
My Commission Expires:
STATE OF )
ss.
County of )
This instrument was acknowledged before me on , 2407, by
as of the City of Central Point.
NOTARY PUBLIC FOR OREGON
My Commission Expires:
Page 2 -EXHIBIT 3 to AGREEMENT FOR PURCHASE AND SALE OF WATER RIGHTS
48038-34461 (048/3.docfMA1J7/30/1007
EXHIBIT B
WATER SERVICE AGREEMENT
BETWEEN:
AND:
DATED:
A.
"Parties."
Rogue River Valley Irrigation District, an Oregon Irrigation District
The City of Central Point, an Oregon Municipal Corporation
2007
RECITALS
(«Ci~~,}
("Effective Date"}
RRVID and the City are collectively referred to in this Agreement as the
B. RRVID is an irrigation district organized under ORS Chapter 545 for the purpose
of diverting and delivering water to landowners within RRVID's boundaries. RRVID owns
and/or operates three major reservoirs as well as an extensive water delivery system including
canals, ditches, siphons, and related structures. Appurtenant to certain land within RRVID's
boundaries are water rights evidenced by the certificates listed in the attached Exhibit 1 (the
"Water Rights").
C. The City is seeking to acquire additional water to supply its increasing municipal
demand. Pursuant to a cooperative agreement dated ("Cooperative Agreement")
between RRVID and the City, the terms of which are incorporated herein by this reference,
RRVID has determined that excess water evidenced by the Water Rights is available for
purchase and use by the City.
D. The City desires to enter into a Water Service Agreement with RRVID for this
additional water supply to assist in satisfying the City's increasing municipal demand.
E. RRV1D holds the Water Rights in trust for its patrons, and is willing to furnish
and sell a supply of water to be made available for purchase by the City subject to the terms and
conditions set forth in this Agreement.
AGREEMENT
NOW, THEREFORE, the Parties mutually agree as follows:
ARTICLE 1
NATURE OF WATER SERVICE
1.1 Provision of Water. RRVID agrees to furnish water service for the stoxage and
delivery of cubic feet per second of raw water ("Purchased Water") to the City, and the
City agrees to purchase water service for the storage and delivery of that amount of water from
RRVID on an annual basis, subject to the terms and conditions in this Agreement and the
Cooperative Agreement.
("RRVID")
Page 1 of 6 - EXHIBIT B -WATER SERVICE AGREEMENT 48038-3446! 104813.docIMAlJ7/30/1007
1.2 Delivery. RRVID will deliver the Purchased Water to the City at the intakes of
the Medford Water Commission's Duff Treatment Plant located on the Rogue River until such
time as an upstream exchange is obtained authorizing the delivery of water at the mouth of Bear
Creek, as contemplated in the Cooperative Agreement. If an exchange is not obtained for
whatever reason, RRVID will continue to deliver water pursuant to this Agreement at the intakes
of the Medford Water Commission's Duff Treatment Plant. The Purchased Water will be
delivered during the RRVID irrigation season, which may vary in length from year to year, but
which generally runs from April 15th to October lsc
1.3 Ownership. The Parties agree and acknowledge that RRVID is the owner and
operator of the water supply and the storage and transmission systems, along with other facilities
and infrastructure associated with the storage and transmission systems, used to deliver water
under this Agreement to the City at the Medford Water Commission's Duff Treatment Plant or
such other point as agreed to between the Parties or provided in the Cooperative Agreement.
The purchase of water under this Agreement shall not constitute a purchase of ownership rights
to the Water Rights or any portion of the water systems owned and operated by RRVID.
1.4 Water Quality. RRVID makes no representation regarding the quality of the
Purchased Water delivered to the City's intakes, and shall have no liability for poor or decreased
water quality at the City's intakes or elsewhere along the ultimate path of delivery.
1.5 Shortage. Pursuant to the Cooperative Agreement, during times of shortage, the
City shall share any reduction in available water supply on a pro-rata basis with all other RRVID
patrons.
ARTICLE 2
CONDITIONS PRECEDENT TO PROVISION OF WATER SERVICE
2.1 Contingent Upon Final Order. RRVID's obligation to supply the Purchased
Water to the City and the City's obligation to pay for water service under this Agreement are
conditioned upon the issuance by the Oregon Water Resources Department ("OWRD") of a
Final Order authorizing the transfer of the Purchased Water to the City's designated point of
diversion for municipal use within the City's chosen place of use.
2.2 Payment of Transfer and Exchange Fees. The City shall pay for all costs
associated with any transfer and/or exchange applications to be filed with OWRD. The City
shall also pay for the District's transactional costs associated with processing the transfer and/or
exchange.
2.3 RRVID's Cooperation. RRVID shall cooperate with the City in the processing
of any transfer and/or exchange applications and shall provide any information necessary to
facilitate any transfer and/or exchange.
2.4 The City's Cooperation. The City shall be bound by RRVID's current rules and
regulations (a copy of which is attached to the Cooperative Agreement), as they may change
from time to time, and will accept water on the same terms and conditions as all other users.
Page 2 of 6 - EXHIBIT B -WATER SERVICE AGREEMENT aso38-3aa6r roaa~s,aa~iM,arni3oizoo~
2.5 Denial of Transfer Application. If OWRD denies the transfer and/or exchange
of the Purchased Water, includes conditions in its approval of a transfer or exchange that are
unacceptable to RRVID, determines that it will not issue a Final Order, or if the Purchased
cannot otherwise be transferred or exchanged for municipal use at the City's chosen point of
diversion and place of use, this Agreement shall terminate.
ARTICLE 3
PAYMENT OF FEES FOR WATER SERVICE
3.1 Service Charge. The City agrees to pay $ as the base charge for
annual storage and delivery of the Purchased Water. The base charge shall be recalculated
annually in January in accordance with the annual percent change in the United States
Department of Labor Consumer Price Index -All Urban Consumers (CPI-U) for the prior year.
The recalculated amount shall become the base charge for the next year. RRVID will invoice the
City in January of each year for that year's water supply.
3.2 Additional Charges. In addition to the annual base charge, RRVID may assess
the City and the City agrees to pay any additional charges assessed against all RRVID patrons or
incurred specifically as a part of RRVID's efforts to store and deliver Purchased Water to the
City.
3.3 Term/Termination. This Agreement shall be of perpetual duration. It shall be
terminated only upon mutual agreement of the Parties, or as expressly stated elsewhere in this
Agreement.
ARTICLE 4
ASSIGNMENT
4.1 Assignment. The Parties may not assign or otherwise transfer any of their rights
or obligations under this Agreement without prior written consent from the other party.
ARTICLE 5
LIMITATION ON LIABILITIES
5.1 Limitation on Liabilities; Indemnification. Notwithstanding any other
provision of this Agreement, the Parties agree that RRV1D will not be liable for breach of this
Agreement or damages, or both, if RRVID is unable to provide the Purchased Water to the City
due to inadequate water supply availability despite availability projections made by 12RVID, or if
RRVID is unable to provide water to the City due to interruptions in RRVID's water system
arising out of or resulting from breakdowns, emergency shutoff, or any reason other than
interruptions caused by the intentional misconduct or gross negligence of RRVID, its agents and
employees. The City will indemnify and hold 1tRVID, its elected and appointed officials,
employees, agents and volunteers harmless from any losses or damages (including, but not
limited to, consequential damages) arising out of or resulting from IZRVID's inability to provide
Purchased Water to the City.
Page 3 of 6 - EXHIBIT B -WATER SERVICE AGREEMENT 48038-34461 I04813.doc1MAU7/30/I007
ARTICLE 6
ADDITIONAL PROVISIONS
6.1 Attorney Fees. Should any legal action be brought by either party for a breach of
this Agreement, or to enforce any provision thereof, the prevailing party shall be entitled to
reasonable attorney fees, court costs, and any other costs, at trial or on appeal, as maybe fixed by
the Court.
b.2 Captions. The captions used in this Agreement are for convenience only and are
not a part of this Agreement and do not in any way limit or amplify its terms and provisions.
G.3 Construction of Agreement. The terms and provisions contained in this
Agreement shall not be construed in favor of or against either party, but shall be construed as if
both Parties prepared this Agreement.
6.4 Counterparts. This Agreement maybe executed in counterparts, each of which,
when taken together, shall constitute fully executed originals. A signature sent and received by
facsimile shall have the same effect as an original signature.
6.5 Entire Agreement. This Agreement constitutes the entire agreement between the
Parties pertaining to the subject matter of the Agreement and all prior and contemporaneous
agreements, representations, negotiations and understandings of the Parties, oral or written, are
superseded and merged in the Agreement. The foregoing sentence shall in no way affect the
validity of any instruments executed by the Parties in the form of the exhibits attached to this
Agreement.
6.6 Exhibits. All attached exhibits are incorporated in the Agreement by reference,
as though set forth in their entirety.
6.7 Gender and Number. The use herein of (i) the neuter gender includes the
masculine and the feminine and (ii) the singular number includes the plural, whenever the
context so requires.
6.8 Governing Law and Venue. This Agreement and the documents in the forms
attached as exhibits to it shall be governed by and construed under the laws of the State of
Oregon. This Agreement shall be enforceable by either party through suit in the Jackson County
Circuit Court.
6.9 Modification. No modification, waiver, amendment, discharge, or change of this
Agreement shall be valid unless the same is in writing and signed by the Parties.
6.10 Waiver. No waiver by RRVID or the City of a breach of any of the terms,
covenants or conditions of this Agreement by the other party shall be construed or held to be a
waiver of any succeeding or preceding breach of the same or any other term, covenant, or
condition herein contained. No waiver of any default by RRVID or the City hereunder shall be
implied from any omission by the other party to take any action on account of such default if
such default persists or is repeated, and no express waiver shall affect a default other than as
specified in such waiver. The consent or approval by RRVID or the City to or of any act by the
Page 4 of 6 - EXHIBIT B -WATER SERVICE AGREEMENT 48038-3446! l048/3.docIM.4L/7/30/2007
other party requiring the consent or approval of the first party shall not be deemed to waive or
render unnecessary such party's consent or approval to or of any subsequent similar acts by the
other parry.
6.11 Severability. In the event that any phrase, clause, sentence, paragraph, section,
article, or other portion of this Agreement shall become illegal, null or void, or against public
policy, for any reason, or shall be held by any court of competent jurisdiction to be illegal, null
or void, or against public policy, the remaining portions of this Agreement shall not be affected
thereby and shall remain in force and effect to the fullest extent permissible by law.
6.12 Notice and Payments. Any notice, document, or payment to be given pursuant
to this Agreement must either be delivered in person; deposited in the United States mail duly
certified or registered, return receipt requested with postage prepaid; sent by Federal Express or
other similar overnight delivery service marked for next-day delivery; or transmitted by facsimile
with confirmation to the Parties listed below. Facsimile notice shall be deemed received as
indicated in the facsimile confirmation. Other notices shall be deemed received one (1) day after
deposit with the carrier, or upon actual receipt, if earlier. Any party listed below may designate a
different address, which shall be substituted for the one specified below by written notice to the
others.
If to RRVID: Rogue River Valley Irrigation District
3139 Merriman Road
Medford OR 37501
with a copy to: Steve Shropshire
Jordan Schrader PC
PO Box 230669
Portland OR 97281
Fax: (503) 598-7373
If to City: The City of Central Point
~ ~.~ O 1.94 S Third St
Central Point OR 97502
with a copy to:
6.13 Excased Performance. In addition to the specific provisions of this Agreement,
a party shall not be in default when delays or default is due to war, insurrection, strikes,
walkouts, riots, floods, drought, earthquakes, fires, casualties, acts of nature, governmental
restrictions imposed or mandated by governmental entities other than the Parties, enactment of
conflicting state or federal laws or regulations, new or supplementary environmental regulation,
litigation or similar bases for excused performance that are not within reasonable control of the
party to be excused.
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6.14 No Third-Party Beneficiaries. The Parties to this Agreement are the only
parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or shall
be construed to give or provide any benefit or right, whether directly or indirectly or otherwise,
to third persons.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective
Date.
RltviD:
ROGUE RNER VALLEY IRRIGATION
DISTRICT, an Oregon Irrigation District
CITY:
CITY OF CENTRAL POINT, an Oregon
Municipal Corporation
By:
Name:
Its:
By:
Name:
Its:
Page 6 of 6 - EXHIBIT B -WATER SERVICE AGREEMENT 48038-3446! l04813.doc1MAU7/30/2007
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CERTIFICATE PERMIT # PERFECT)CD UNllER - POINT OF t)I VERSION USE
79911 407 Four Mile Dam and Fish Lake Reservoir Irrigations, Domestic, Municipal and
Manufacturin
79912 R-4563 &.R•G175 Agate Dam on Dry Creek,'Antelope Supplemental imgatlon
Crcek, Notch and South Fork Little Butte
Creek and Agate -Reservoir
AOS66 Old Certificate (7213 Nonh and South Forks of the l:ittie Butte Primary Irrigation ~ 1 CFS to 140 acres
Creek
80567 Old Certificate 17213 North and South Furlcs of the Little Butte Primary Irrigation -.1 CFS to 140 acres
Creek
80569 ~ E-19 North and South Forks of.the Little Butte Primary (9,048.20)/Supplemental (705.20}
Creek and Bradshaw Drop" ~ 1/I 00` of one CFS per second or it's
e uivalent .
80571 R•50 Four Mile, Fish i,ake Reservoir, North Supplemental Irrigation
Fotk Little Bune Creek and Bradshaw
Dro
80573 - R-SO- .' ~ Four Mile Laka; Fish Lake Dam, North Manufacturing and Domestic Uses
Fork Little Butte Creek, Bradshaw Dro
80574 1705 Ho kips Canal 5u lemental Im anon
80575 1708 Bear Creek Diversion 37-1 W-30 NE Supplemental lrrigat'son
NW
.80576 R-4583 & R=6175 ~ Agate Dam an D Creek, - Su plemmtital Irri ation .
80577 2993 Crrii'Iin Creek and Jackson Creek into Supplemental Irrigation
Hopkins Canal '
81635 407 - North and S~tnh Forks of the Little Butte Manufacturing and Domestic Uses
Creek
4951 Lake, Osborne, Yankee, Antelope, Dry, Supplemental Irrigation
Bear, Anderson, Coleman, (lrifGn,
Jackson, Horn, Willow, Little Butte
Creeks; Bradshaw flrop, Little Butte
Canal, Hopkins Canal, Phoenix Canat,
Be<zr Creek Canal, Junction Canal,
. Oakleigh Canal,
25915 Conde Creek, head Indian Creek,l?aley .Supplemental Irrigation
- Creek/flcavet Dam Creek, South Fork
Little Butte Creek, Howard Prairie Dam
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RULES
AND
REGULATIONS
GOVERNING
- THE DISTRIBUTION
AND USE OF WATER
IN THE ROGUE .RIVER VALLEY
IRRIGATION DISTRICT
EFFECTIVE JUNE, 244b
EXHIBIT C -RULES AND REGULATIONS
48038-3446/ DocwnenrllMAL/7/30/1007
Table of Contents
AUTHORITY ...:..:.........
MISSION .....................................................:..................................................... 1
INTENTION ............................................:.....•---...:........................
DISTRICT OFFICE .............................................................................................. 1
MANAGEMENT... ~
DISTRICT EMPLOYEES ...... ~
RRiGATION SEASON .......................................:............................................... 2
......................................................•---.......
WATER DISTRIBUTION ...:...............
2
WATER DELIVERY ........................:.............._........................._...._...................... 3
„WHEN AVAILABLE"WATER RIGHTS .....................................................:......... 3
............................ ...............-•---............
.SHORTAGE OF WATER...: .........:......:
3
QUANTITY OF WATER .................................................................:................... 3
WASTING WATER ..............._.._...:........................-•-------..................................... 4
WATER ORDERS ............................................................................................... 4
POINT OF DELIVERY ........................................................................................ 4
DUTIES OF WATER USERS ..........:.............................•----------.................:........... 4
...............................................•----.
NON-LIABILITY OF DISTRICT ...........:.........
S
PUMPING ........: ...............................................:........ 5
CONTROL OF FACILITiES ..........................:...........................-----•----...-------........ 6
PROTCTION OF WATER QUALITY AND,DISTRICT FACILITIES ..:..................... 6
ACCESS TO LANDS ANO DITCHES .:....................:............•----•-------...:. .--- 7
.PRIVATE LATERALS ......:..............:................................................... 8
FAILURE TO MAINTAIN PRIVATE LATERALS AND WORKS .................:............. 8
SUBDIVISION ............. .......................................:......................... 8
APPORTIONMENT OF WATER TO TRACTS OF LAND ..............:....................... 9
DELINQUENCIES IN PAYMENTS .....:..................... .. 10
LIENS AND FORCLOSURES ....................:................................. 10
UNLAWFUL ACTS...-• .................................................................. ..... ..._.._. 10
TRANSFER OF WATER RIGHTS ....................................................................... 11
NON-USE OF WATER ........:.
...........................•----------. ............_..._......_........ 11
REMOVAL FROM DISTRICT DELIVERY SERVICE ............................................. 12
ADDITIONS TO DISTRICT DELIVERY SERVICE ................................:.............. l 3
RECORDS REQUEST ............................•--....._......................_::...._ 13
.DISTRICT MEETINGS ....:................. .... 13
BOARD MEETINGS ................................:................................:._...........----...... 14
MEETING NOTES .......................~....-•-------..:..................................................... 14
RULES AND REGULATIONS EFFECTIVE .......................: ...._.. 14
ii
EXHIBIT C -RULES AND REGULATIONS
48038-3446/ DocumentllMAL/7/302007
RULE5 AND REGULATIONS
Governing the Distribution and Use of Water
In The Rogue River Valley Irrigation District
..AUTHORITY
The following Rules and Regulation were. adopted during a regular meeting
of the Board of Directors of the Rogue River Valley Irrigation District (the "Ois-
e trict") by Resolution NO.Oi -1 dated October 8, 2001 under the authority of the
Irrigation District Laws of Oregon, ORS 5.45.221 (1 } (1999}, which states:
"The Board shall manage .and' conduct .the business and affairs of the
District; make and execute all necessary contracts, employ and appoint
..such agents, officers, and employees as may be required, and to pre-
scribe their duties; establish equitable bylaws, rules and regulations for
the administration of the District and for the distribution and use of water
among the landowners; and generally to perform al! acts necessary to
fully carry out the purposes of the Irrigation District Act."
Should these Rules and Regulations be found to conflict with the laws of the
State of Oregon, the latter shall be the controlling authority.
MLSSION
The mission of the Rogue River Valley Irrigation District is to deliver water
equitably and efficiently with the least amount of cost to its water users, keeping
in mind the need for long-range planning and environmental impact.
INTENTION
It is the intention of the Board of Directors to carryon the District's business in
a business-like, economical, and equitable manner: Because water requirements
and facilities for handling water differ greatly with soil conditions and crops grown,
.there must be general rules to secure the best service to the water users. To this
end, every person in the District has a personal responsibility to carry out the rules
so the water is used in the most efficient manner. The adoption of these Rules and
Regulations will not essentially change the manner ofwater distribution From that
in practice. The Rules seek to provide every water user with a clear understanding
of the duties and intentions of the operating officials and bring to the attention of all
water users the great need for conserving the District's water supply.
The District was organized for the purpose of supplying irrigation water de-
liverfor farm crops. Water quality and District facilities are not suitable for human
consumption. Any use for purposes other than irrigation will be provided only
.,upon special order of the Board of Directors.
DISTRICT OFFICE
The office of the ROGUE RIVER VALLEY IRRIGATION DISTRICT is located at
EXHIBIT C -RULES AND REGULATIONS
48038-34461 DocumentllMAL/7/30/2007
3139 Merriman Road, Medford, OR 97501. The office is open between the hours
of 8 a.m, to 12 noon and 1 p.m. to 4:30 p.m., Monday thru t=riday or as otherwise
determined by the Board of Directors. Ditch riders may be contacted through the
District's office telephone at {54i } 773-6127 during the hours listed above or by
leaving a message with the answering service..
MANAGEMENT
The maintenance and operations of all facilities bf the district shall. be under the
exclusive management and control of the Manager, who is appointed by the Board of
Directors. No other person, except.Districtemp/oyees, shall have any right to regulat-
ed District facilities in any manner, except with express permission of the Manager.
The District Manager is authorized to act in emergencies on matters~not cov-
ered by these Rules and Regulations; however his actions are subject to the ap-
proval of the Board of Directors at the next regularly scheduled Board meeting
following his action in such an emergency.
DISTRICT EMPLOYEES
The District Manager shall employ such ditch riders and other personnel as
may be necessary for the proper operation and maintenance of the system and the
distribution of water. Each ditch rider shall have charge of his respective area and
shall be responsible to the Manager for carrying on the routine of water delivery
and other rei a ted work.
All District employees are instructed to aid the water user in every manner
possible and to courteously and respectfully consider all criticism arld sugges-
tions. Likewise; all water users are requested to cooperate with District officials
in every manner.so the District may operate effectively and efficiently.
IRRIGATION SEASON
The. normal irrigation season shall be from April 1 S to October 1 each year.
These dates are subject to change in relation to seasonal weather conditions and
water availability. ~ The Manager may shorten or lengthen the irrigation season
within those parameters as. established by the ,District's water rights.. ~
Since the District does not usually carry water through its facilities outside the
irrigation season, the District shall have no responsibility for delivering water through
its system for stock water or spray purposes except during the irrigation season as de-
termined by the Water Resources Department or as evidenced by the District's water ,~ --
rights. Such water for stock water or spray purposes will be delivered only when the
same can be supplied without making special deliveries for such purposes.
WATER OISTR16UT10N
The Manager will apportion water within the District. Ditch riders will he
held responsible for the efficiency of water distribution, .including diversion of
EXHIBIT C -RULES AND REGULATIONS
48038-3446/ Document!{MAL/7/30/2007'
water to private ditches, and For the operation of District laterals and structures in
their respective areas. All water deliveries from the District's system shalt either be
on a rotation basis established by the Manager or on a continuous deliver basis if
the Manager determines the water user is carrying out appropriate efficiency and
conservation measures.
Water shall be distributed among the water users in the District according to
their needs under a DEMAND .SYSTEM. When canals and lateral are loaded to
capacity, water will be delivered under a "DEMAND ROTATION SYSTEM" unless
the Manager has authorized continuous delivery. The demand for rotation water
shall not be made more frequently than every twelve (l2} to fourteen (14) days.
Rotation schedules will be adapted to this time span. However, the .District will
.make every reasonable effort, to the best of its ability, to have water available to
ail water users when their crops require irrigation. E.and lying closest to the canal,
lateral, or ditch shall be irrigated first. Adjacent lands lying below shall be served
on a rotation basis, in order to conserve water.
WATER DELIVERY
The District delivers water from the source to the laterals first to users with
senior water rights and then on to later priority dated rights.
"WHEN AVAILABLE" WATER RIGHTS
Now that the Rogue River Valley Irrigation District and it's patrons have com-
pleted Oregon Water Resources process called the "final proof" all users now
have certificated water right's., If you and the District have a contract for When
Available water rights then that contract wil! remain with your "tract files". You
will be responsible however to follow the same set of rules as outlined in this copy
of the RULES AND REGULATIONS. When Available patrons need to make sure
they acquire any and all easements necessary to ensure delivery of irrigation from
the Districts point of delivery to your land,.
SHORTAGE OF WATER
In the case of water shortage, water shall be distributed equitably for use on
the assessed acreage. Any person who takes water out of his turn and without
the knowledge and permission of landowner ditch rider will forfeit landowner's
right to water at his next regular irrigation or rotation. He shall also be subject to
the laws of the State of Oregon concerning unauthorized appropriation of water.
It is the District's policy to make no special delivery of water for stock or spray
purposes, except for prior contractual obligations.
QUANTITY OF WATER
The unit of measure of water will be cubic. feet per second (c.f.s). One c.f.s.
for a period of twelve (12}hours is equal to one acre-foot {a.f.} of water. The ditch
rider, when possible, will notify the irrigator when he will deliver the water, and
3
EXHIBIT C -RULES AND REGULATIONS
48038-3446! Documen!/IMAL/7/30/1007 -
.
at that time they shall decide the size of water stream the irrigator can efficiently
handle without waste.
WASTING WATER
Water must not be .wasted. Careless and wasteful use of water will be suf-
ficient grounds for the ditch rider to reduce the stream size to a level the irrigator
can handle economically: lf, after reduction of the stream, the irrigator is still
wasteful, the water will be shut off to such user until the water user can us the
water beneficially without waste. to the satisfaction of the ditch rider or Manager_
A person may be refused the use of water if they (1) wastes water on roads or va-
cant land either willfully or carelessly; (2) has defective ditches or poorly prepared
land; (3} floods certain portions of land to an unreasonable depth to properly ir-
rigate other portions; or (4} uses water on. land not authorized for irrigation by the
Board or Directors or water rights_ Provision of water will not be resumed until
such conditions are remedied.
WATER ORDERS
Water users should notify the District office at least forty-eight (48) hours be-
fore the time the water is desired and shall notify the office at least twelve (12)
hours before completing use. The District will make every 'effort to deliver water
withintwenty-four (24) hours of the time requested but some delays will occur. The
completion hour should be sufficient to allow the ditch rider to deliver the water to
.another user in time for the next user to setup their irrigation before dark:
No standing orders will be permitted. A standing order is a single order for
repeated deliveries of water at regular interval and/or amount. Orders requested
more than two days prior to delivery date will not be honored except orders
received on Friday for Monday delivery. In the case of a shortage, water wi11 be
delivered to each water user in rotation, based upon the time and date each water
order was received by the Office. Water orders shall be called to the District's
:office at (541) 773-6127, Monday thru Friday between the hours of 8a.m. to 12
noon and 1 p.m. to 4:30 p.m.
r
- POINT °OF DELIVERY
Each tract within the District has at least one original point of delivery. Water
delivered ~to this point is considered a completed delivery. It is from this original
point of delivery is maintained for each tract even though subdivisions of the
Y
.original tract subsequently occur.
DUTIES OF WATER USERS
It shall be the wa#er .users' duty to use delivered water CONTINUOUSLY
NIGHT AND DAY, SATURDAYS, SUNDAYS, AND HOLIDAYS until that particular
irrigation is completed. Water users who turn the water back into the ditch at
nightoron Saturday, Sunday, or Holidays will be charged for use of the water dur-
4
EXHIBIT C -RULES AND REGULATIQNS
48038-34461 DocumentllMAU7/30/2007
ing such period even though the water is passed through and used by others.
if any water user turns water back to the District facilities without first giving
notice, he shall be liable to users below his return point for al! damages they may
sustain by reason of the increased flow of water upon their lands. Every water user
shall. be responsible for his return flow, run-off and drainage as well as all dam-
~~ ages caused by the water users intentional, negligent or careless .acts.
NON-LIABILITY OF DISTRICT
The District shall not be liable for any damages resulting directly or indirectly
from any unauthorized uses or trespassing on District property or facilities. !n
addition, the District's responsibility and liability shall absolutely cease when the
water is turned into any private ditch according to these Rules and Regulations or
in violation of the Rules and Regulations.
Most of the water furnished by the District flows through many miles of open
ditch which may be subject to pollution, shortages; and fluctuation in flow, inter-
. ruption in service, evaporation and seepage. The District cannot make any agree-
: ment, which binds the district to deliver an uninterrupted constant supply of water
or water of a certain quality.
All water delivered by the. District will be for irrigation purposes unless oth-
erwise agreed in writing. Any water user putting the water to other uses without
written authorization from the Board of Directors does so at his own risk, assumes
ail liability for such non-irrigation use, and agrees to hold the District, its officers
and employees Free and harmless from any liability and damage that may occur
as a result of using the water for purposes other than irrigation.
The district assumes no liability for damage to pumps caused by turbulent
water, shortage or excess of water, or other .causes. Any person who sells, con-
tracts to sell, leases, purchases, or contracts to purchase any part of an existing
tract shall not look to the District to provide right of way, water transmission facili-
ties, or maintenance of said facilities.
The District assumes no responsibility for natural drainage.
PUMPING
Ali landowners using pumps to lift water from the District's canals. wil) be sub-
ject to these Rules and Regulations in the same manner as if .they received gravity
deliveries. Then Manager must approve a#I pump installations and there must be
a valve control gate in the delivery line on the outside of the pump house. This re-
quirementwill apply to old as well as new installations. All such installations shall
be placed in such a manner that no checking or damming of the canal or lateral will
be required to .deliver water. The Manager may permit landowners using pumps to
pump out of rotation when it is in the District's best interest and for the conservation
of water. No pumping out of rotation shall be permitted which interferes with other
irrigators using water. from such lateral or cana# having a full supply of water on a
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EXHIBIT C -RULES AND REGULATIONS
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rotation basis. Pumping of the District water is done at the water user's risk and the
District assumes no liability for damages to pumping equipment or other damages
as a result of turbulent water, fluctuation in-flow, or other causes.
CONTROL OF FACILITIES
Only district employees will be allowed to operate head gates, turnouts,
valves, and other control devices or to adjust or place flash boards in checks. The
District, at its option, may lock any or all head gates; turnouts, spillways, or other
control devices. Any person who,. in any way, interferes with the setting oradjust-
ment of such head gates, turnouts, valves or checks shall beheld strictly liable for
any damage resulting there from and may be subject to fines and imprisonment
under ORS 540.990 (1999). The ditch rider may, with the Manager's consent,
grant permission under certain conditions to a water user to. shut off, turn on wa- '~
ter, or adjust checks in order to facilitate water delivery and conserve water.
The District may require a water user to install and maintain a lockable and
controllable head gate or other water control device at a point of delivery to
the user's property or to install a measuring device at a point of delivery as may
be necessary to assist the District in determining the amount of water delivered.
When practical, water control and measuring devices will be constructed on
property for which the District holds existing easements.
Except when an emergency requires the immediate installation of a water
contro! device to avoid loss of water, the District will provide prior written notice
to a water user that the water user is required to instal! a water contro) or measur-
ing device. Within 20 days after delivery of the notice, the water user can file
a written objection and request a hearing before the District board. After the
hearing, the District shall affirm, amend or rescind its order to the water user for
installation of a water control or measuring device.
PROTCTION OF WATER QUALITY AND DISTRICT FACILITIES
{1) PROTECTION OF WATER QUALITY
All landowners and water users have an obligation to prevent runoff of any kind
from entering District facilities: No person shall dump or discharge any liquid or oth- "
er substance, including water runoff from a person`s property, into the District's sys-
tem. except upon express written agreement with the District and subject to District )
specifications and payment of any fee required. under the District's fee schedule. ,
NO tree or vine pruning products, brush, weeds, grass, manure, rubbish gar-
bage, swill, refuse, dead animal, or other material or substance that will he or may:
{1) become offensive to the senses or injurious to health or in injuriously affect~the
quality or water; (2) obstruct the flow of water; or (3) result in the scattering of
seeds or noxious weeds, plants or grasses, shalt be placed or dumped in any District
canal, ditch, conduit, or reservoir, or be placed or left so as to roll, slide, flow or
be washed or blown into any such canal, ditches, conduit or .reservoir. Owners of
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EXHIBIT C -RULES AND REGULATIONS
48038-344G/ DocumentllMAU7/30/1007
ditches shall keep their rights-of-way along the ditches open and free of all obstruc-,
tions including but not limited to wild oats,- mustard, thistles, or any noxious weeds
or grasses. All District employees shall promptly report any violation of this rule,
and District landowners are especially urged to cooperate in its enforcement.
No person shall wade, swim, or bathe in the district's canals, lateral, pipe-
lines; or facilities. All district landowners and water users are asked to notify the
District office immediately when they observe any person wading, swimming, or
bathing in the district facilities. .
(2) PROTECTION OF DISTRICT FACILITIES
It shall be the duty of every District landowner and/or water user to' use due
care to avoid damage to District's canals, rights-of-way, or other facilities. The land=
owner's and/or water users shall be liable for any damage, intentional or negligent,
including damage from livestock under their possession or control. If such damages
do occur, the District may assess damages against the offending individual or entity.
Any person who, in any way, willfully interferes with the. setting or adjust-
ment of head gates, turnouts, valves or checks shall be held strictly liable for any
damage resulting there From and may be subject to fines and imprisonment under
ORS 540.990 (1999)
No one is al-lowed to build earth dams in the private laterals.
No new bridges, fences, fence crossings, stock gates, pipe or utility crossings,
or other facilities either above ground or subterranean, may be constructed .cross-
ing or otherwise blocking or impairing the District's property. and rights-of-way,
including canal banks, unless, the same has been provided for in written rights-of-
.way, easement, crossing. agreements, license Agreement, or the party proposing
to build such facility has executed a written agi-Bement with the District, subject
to District specifications for construction and maintenance, paid all costs related
to the District's review, negotiation, and approval of such agreement.
All plans to construct any new structure within a District right-of-way or ease-
ment must be submitted to the District Manager for approval. Such structures
must be built and maintairied'to the District's satisfaction.
The. District shall have the right to remove all fences, obstructions, or to fill in
,ditches constructed contrary to these provisions.
ACCESS TO LANDS AND DITCHES
District Board. members, employees, or their authorized agents; (1 }may enter
upon the Land within the District boundaries for inspection, maintenance, and
regulation of ditches, pipelines, gates, pumps or other water works without notice;
and (2) shall have free access to the private ditches and lands being irrigated for
the purpose of determining whether the ditches are in satisfactory. condition to
deliver water and whether the water is being used beneficially without waste:
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EXHIBIT C -RULES AND REGULATIONS
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PRIVATE lATERAlS
All gates on private ditches shall be subject to District access and inspection
when used by more than one water user. Nevertheless, the District wi li not con-
struct, maintain, or control private delivery systems. Privately maintained laterals
and other facilities served by the District must be in good condition so as to pre-
vent loss of water and permit regular flow. The manager shall not permit delivery.
of water into facilities, which are not adequately prepared and maintained. The
District is not responsible for defects in privately maintained facilities. When
more than one water user is on a private lateral, each water user shall provide his
own diversion facilities and. provide his own distribution system.
Water users must not build earth dams in the private laterals. It shall be the
duty of each user of a private lateral to patrol said lateral from his point of diversion
to the main lateral as many times each day as necessary to remove obstructions
and stop all leakage while he "rs irrigating. Water users shall not turn water down
a private lateral without first making satisfactory arrangements with the water users
next in rotation to receive the water. The last one on the private lateral should notify.
the District's office when all water users on the private lateral have completed their
irrigation so the ditch rider can turn the water back to the main canal.
Where ditches are owned. by two or more persons and one or more such per-
sons fails or neglects to do his proportionate share of the maintenance necessary for
the proper operation of the ditch, the owner desiring the maintenance may, after Hav-
ing given ten (10} days written notice to the other owner who has failed to perform
his proportionate share of work, perform such share and recover from the person in
default the reasonable expense of the work as provided in ORS 540:420 (1999):
FAILURE TO MAINTAIN PRIVATE. lATERAlS AND WORKS
When privately maintained laterals and other facilities are not maintained in
good condition so as to prevent loss of water and permit regular flow, the Board of
Directors may construct, repair or maintain such private laterals and works or may
stop delivery to the private lateral. The Board of Directors is additionally authorized.
pursuant to ORS 545.287 (2) (1999) to levy and collect assessments upon all tracts
of land specially benefited by the improvements in order to defray the whole or any
portion of the cost and expense incurred in maintaining private laterals or works.
SUBDlVlSiON
Anyone subdividing a tract or tracts. of land currently on the District's assess-
mentroil or making changes to a subdivision which in on a tracts of land currently
on the District's assessment roll is responsible for: (1) notifying the District of the
proposed changes and obtaining District approval of the design for the delivery
system before making any changes to a subdivided tract; (2) delivery of the Dis-
trict's water to any subdivided portion of the original tract or tracts; (3) providing
the necessary easements and delivery system from 'the original point of delivery
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EXHIBIT G -RULES AND REGULATIONS
48038-3446/ DocurnenttlMAU7/30/2007
Y ~.
for said tract to each of the portions or the subdivided tract and inside the sub-
. division as needed. If the sub divider intends to supply water to the subdivision
exclusively through a municipal system, the sub divider shall notify the District of
this intention and cooperate with the District to transfer all District water rights off
the property to be subdivided before t}eginning any construction on .the property.
Before making any changes to a subdivided tract that may affect District Facili-
ties; the developer must submit an application and obtain the authorization of the
Board of Directors.to alter District facilities. This includes the relocation, construc-
tion, or reconstruction of any District facility or of any road or crossing of any ditch, -
lateral, canal, easement or right-of-vvay owned or controlled try the District. The
application shall include a subdivision plat showing a{! existing easements, rights-
- of-way, and facilities; all proposed easements, rights-of-way, and facilities; and any
roads or crossings, new or existing, which cross any of the District's ditches, laterals,
canals, easements, rights-of-way.- The application, must be submitted with the tee
set forth in the District's fee schedule. In addition to the application fees, the Bevel-
oper shall be solely responsible for all costs related to the relocation, construction,
reconstruction, or crossing of any District facility, including necessary attorney fees
for the negotiation or review of any documents or agreements. .
The developer shall develop the subdivided property in such a manner as not
to adversely affect any of the District's facilities, or downstream users' rights. In
approving any proposed change in facilities or operations, the District will pre-
serve access to delivery points for all irrigable lands. The design for the delivery
system must comply with the District's specifications and requirements. It is Dis-
triopolicy to require relocated facilities to be placed underground and to require •
the installation of fences along District facilities.
Any person who sells, contracts to sell, leases, purchases or contracts to
purchase any part of a subdivided tract shall not look to the District to provide
rights-of-way, water transmission facilities, or maintenance of said facilities from
the original point of delivery of the original undivided tract. All private delivery
systems from the original point of delivery are the sole responsibility of either the
sub-divider or the individual tract owners. The District's obligation to deliver wa-
tershall cease at the point or points of delivery as shown on the developer's plat as
finally approved by the Board of Directors and filed in the District's office.
APPORTIONMENT OF WATER TO TRACTS OF LAND
Whenever a parcel of land lying within the District is subdivided into tracts of
four acres or less, the owners of those tracts shall be responsible for apportioning
water among those tracts. If the owner fails to properly apportion the water to the
various tracts in the subdivision, the District may employ a competent person to
distribute and apportion such tracts. The reasonable cost of such services shall
be apportioned and assessed by the District as a special charge against the sub-
divided tracts. The special assessments so levied and apportioned shall be a lien
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EXHIBIT C -RULES AND REGULATIONS
• 48038-3446! DocumentllMAL/7/30/2007
upon the subdivided tracts and shall be collected in the same manner as all other
assessments are levied and collected by the District.
DEUNQUENCIE5 !N PAYMENTS
The District may withhold delivery. of water from any tract of land until the
charges and assessments are paid, whether such charges and assessments are for
operation and maintenance, delinquent payment, repairs, construction, or other
purposes. Interest shall be charged and collected on the assessment or unpaid
charges.
Landowners may present their case to the Board of Directors and the Board
may, at its discretion, allow the landowner to pay his or h,er assessment and inter-
est by installment payments to the District.
On or before the beginning of each irrigation season the Board of Directors will
determine the amount of delinquent assessments which shall be paid prior to deliv-
ery of water. The Board has set the last day of February as the delinquency date for
past due payments, unless the last day of February falls on a Saturday or Sunday, then
there the Board will grant a three (3) day grace period for paying the assessment.
The Board of Directors may file a lien against property for unpaid charges
and assessments.
LIENS AND FORCLOSURES
If water charges are not paid when due, the District may have a lien upon the
assessed property of the District landowner and on crops grown with water sup-
plied by the District pursuant to ORS 545.535 (i 999) and ORS 545.275 (1999).
A lien on property may be filed any time after a charge or assessment be-
comes past due in the total amount of the unpaid water charges, interest and
penalties, and expenses. Such lien may be filed on lands that received the benefit
of the water or were entitled to receive the benefit of the water_
Any, time after the filing of a notice of claim of lien and after the delinquency
date fixed by the Board of Directors, the. Board may, by resolution, direct that the
District foreclose on al{ delinquent assessments. The Board of Directors has set
the foreclosure date as three years from the first non-payment of assessments or
charges to allow the District time to transfer the water rights before they are lost
due to non-use.
Liens on crops shall be for the value of the water supplied as of the date.
when the water was first supplied. Alien on crops shall be file within forty (40)
days after the water has been furnished or forty (40) days after the close. of the
irrigation season.
UNLAWFUL ACTS
The District may bring a civil action for damages against any person who
knowingly and willfully commits the unauthorized use of water or tampers with
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EXIIIBIT C -RULES AND REGULATIONS
48038-3446/ DocumeiiellMAL/7/30/1007
any of the District facilities. Pursuant to ORS 30.i 84 (1999), the District shall
recover from the defendant the amount of actual damages incurred, plus punitive
damages. The District shall also recover the cost of the suit, reasonable attorney
fees and expert witness fees. The remedies provided for in ORS 30.186 (1999) are
in addition to, and not in lieu of, any and ail other remedies both civil and crimi-
nal, provided by law. Unlawful acts include without limitation to the following;
ORS 164.775 (1999) Prohibits any person from discarding any glass, cans or
other trash, rubbish, debris or litter on land within 100 yards of any of waters of
state other than in receptacles provided for purpose such material or from discard-
ing these materials in waters of the state.
ORS 164.785 (1999) Prohibits any person from discarding any dead animal
carcass or part thereof, excrement, putrid, nauseous, noisome, decaying, deleteri-
ous,. or offensive substance into or in any other manner befouling, polluting or
.impairing the quality of any spring, river, brook, creek, branch, well, irrigation
drainage ditch or irrigation ditch, cistern or pond of water.
.ORS 164.365 (1999} Prohibits any person from intentionally damaging or
destroying property of'the District directly or by intentionally interfering with, ob-
structing oradulterating in any manner the service of the District; or intentionally
using, manipulating, arranging or rearranging the property of the District.
ORS 4686.028 (1999) Prohibits any person from causing the pollution of any.
.waters of the state or from placing or causing to be placed any wastes in a location
where such wastes are likely to escape or be carried into the waters of the state
by any means; or from. discharging any wastes into the waters of the state if the
discharge reduces the quality of such waters below the water quality standards
established by rule for such waters by the Environmental Quality Commission_
TRANSFER OF WATER RIGHTS
A water user who wants to change the place of use of his water must request
and receive the District's permission to make such a transfer before. a transfer ap-
plication is filed with the Oregon Water Resources Department.
NON-USE OF WATER
A water user who is no longer using his or her water rights must notify the
District of such non-use so that the District may petition the Water Resources
Commission for a transfer of the water right to other irrigable land under ORS
540.574 (1999). If a water user fiorfeits any water right rather than notifying_the
District SQ that the District can transfer the water to other irrigable land, th~water
deiive~y to all District patrons for irrigation within the District will be injuredt
If a water user has not made beneficial use of the water to which the user is
entitled for a period of three (3) successive years, the District shall advise the user
and any security interest holder of records that if the user does not use the water
for a fourth (4'~') successive year, the District may petition the Water Resources
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EXHIBIT C -RULES AND REGULATIONS
48038-3446! DocumenlllMAll!/30/1007
.~
Commission for a transfer of the water right .under ORS 540-574 (1999}.
A water user within the District shall not execute an affidavit of nonuse or
voluntary cancellation without District approval.
REMOVAL FROM DISTRICT DELIVERY SERVICE
A landowner may submit a written request to the Board of Directors to have
that landowner's property removed from water delivery service. The landowner's
written request to remove land from delivery service within the District boundar-
ies must include: (1) Documentatron from the landowner proving that he or she is
the record owner of the lands from which delivery service i s to be removed; (2) A
legal description and tax lot identification of the lands sought to be removed from
service; (3) A county assessment reap of the lands to be removed from delivery
service with cross-hatching showing the water rights located upon the property
sought to be removed from delivery service; (4) An affidavit from the record owner
state in that the water has been used over the past five years according to the terms
and conditions of the applicable water rights {ORS 540.520 (2) (8).(1999); {S) Af-
fidavits from the record owner and each lien holder, if any, stating that he or she
has no objection and wilt assist to remove and transfer the water rights from the
lands requested for removal from delivery service to any land for which Ehe Dis-
trict determines a transfer is appropriate; (6) An affidavit from record owner which
acknowledges that removal from the District's delivery service upon the requested
Jands does not remove those, lands from any indebtedness of those lands to the
United States Bureau of Reclamation under any District contract and does not re-
move the owner's land from the District`s boundaries; (7) And any other necessary
requirements specified in the District's "Water Use Transfer Rules".
. The landowner must include payment tor. recording fees (for both the State
Water Resource Department and the County Recorders a reasonable administra-
tion fee set forth in the District's fee schedule; and all past due charges and assess-
ments of the District attributable to the landowner and the lands of the landowner,
as called out in the District's "Water Use Transfer Rules".
If. the landowner proposes to change the use of the land upon. which the water
.was appurtenant, the District may require the landowner to provide measures to
protect Districts facilities, including, but not limited to ditches, pipelines, .head gates
or other waterworks that are on the landowner's land and may require that appropri-
ate written and recorded easements be provided if there are none of record. 5pecifi-
cally, a~and use change will require ditches to be placed underground.
if the removal application is approved, the landowner must pay to the District
the full amount of the remaining bonded indebtedness that is determined by the
District to be attributable to the lands requested for delivery service removal. This
sum will be placed in a separate fund at the. District with which the District will
repay the bonded indebtedness pursuant to any contractual obligation it has with
the United States.
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EXHIBIT C -RULES AND REGULATIONS
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A ~> ~
AOOITIONS TO DISTRICT DELIVERY SERVICE
A landowner may apply to the District to: (1) hive water rights transferred
to his cir her land within the C~istrict boundaries; or t2) obtain District w~~ter de-
livery. The application must adhere to the requirements of the Districts Water
Right Transfer C~olicies. The application should be completed per tt~e Cistricts
Water Right Transfer Policy. The application for water rights must he executed or
acknowledged before a notary public.
The District may require the applicant to contract to pay or become liable to
the District for assessments for the payment of their pro rata share of all bonds arul
the interest thereon previously issued by the District; ror the cost of any additional
facilities required to deliver water to the petitioners' land. ORS 5~5.07'S (19991
When a landowner requests either his or her land be either (1 }included into
the Uistrict boundaries or (2} that he or she receive delivery service from the
District; certain conditions will be attached if those lands that do not have pre-
existingwater rights (1) The landowner must apply to have water rights transferred
to tl~e land or apply to transfer an existing water right located within the Uistrict
boundaries for use on the land specified_in the Water Right Transfer Application;
and (2}the delivered water must be applied to the additional land by sprinkler or a
drip method. An equivalent method of irrigation will be allowed, if in the opinion
of the District Board of Directors, the method proposed is as efficient.
Ail additions will be evaluated on a case by cases basis by the District Board
of Directors including an analysis of the system efficiency; the. availability of water
in the particular canal, lateral or creek, and federal contract provisions applying
to the petitioned land.
RECORDS REQUEST
The District is subject to Oregon's Public Records Law. The District will only
respond to a specific written request to inspect records or for copies of records.
Subject to any exemption that may apply under the law, anyone may inspect Dis-
trict records at the District office once the written request has beeri received and
the records have been located. Upon request, the District will provide copies of
the requested records. Tf~e requester shall pay for the cost of District personnel
to locate,.assemble, review, supervise the inspection, and copy the records at the
rate outlined in the District's schedule of fee. Copies of the records will be charged
at a rate. of $.25 per copy.
DISTRICT MEETINGS
The District is subject to Oregon's Public Meeting Law. Subject to some ex-
ceptions, the District Board of Directors will allow public testimony or comment
on any action item after receiving a specific request in writing submitted to the
Manager at least one day prior to the Board meeting.
The District will provide an interpreter for hearing impaired persons at regu-
13 ..
EXHIBIT C -RULES AND REGULATIONS
.48038-34461 Docwaen;llMAL/7/3U/d007
e ... ~ ..
larly scheduled meetings. A person requesting an interpreter shall give the Man-
ager at least 48 hours' notice of the request for the interpreter and shall provide
.the name of the requester and language preference. If a Board meeting is held
with less than 48 hours notice, other than an emergency meeting, reasonable ef-
sort will be made to have an interpreter present upon receipt of a request.
No person may smoke or carry any lighted cigar, cigarette, pif~e, or other smok-
ing equipment into a room where the Board of Directors is holding a meeting.
BOARD MEETINGS
The Board of Directors of the ROGUE RIVER VALLEY IRRIGATION DISTRICT
shat) meet the first Tuesday in January following their election. At that meeting,
the Board of Directors shall elect officers, establish the time for the monthly board
meetings, and establish the date for the annual District meeting.
The Board regularly meets at the District office on the day and time specified
at the lu Board Meeting held in lanuary~ except when required by Oregon State
.Law to meet on any other specified day. Anyone wishing to have a matter placed
on the agenda must submit a request in writing to the Manager at least seven (~
days prior to the next scheduled board meeting.
.MEETING NOTES
Notice of all meetings of the Board of Directors shall be provided. Such no-
tice shall include the time, place of the meeting and the principal subjects to be
considered at the meeting. For regular meetings, the notice shall be~ in the form
of an agenda, which shall be sent to all Board members, local media, and to all
person or other media representatives having requested notice of every meeting.
RULES AND REGULATIONS EFFECTIVE
These Rules and Regulations shall be in effect on and after October 8, 2001.
Upon the effective date, all existing District Rules and Regulations, including
those adopted in 1995 will be superseded by these Rules and Regulations. These
.Rules and Regulations are subject to change by the. Board of Directors at a regular
session at any time to suit any special conditions, which may arise.
The foregoing Rules and Regulations were adopted by Resolution of the
Board of Directors or the Rogue River Valley Irrigation District on the eighth day
of October 2001 in regular session.
***Amendments were made to these Rules and Regulations by the Rogue
River Valley Irrigation District Board of Directors on June 14, 2006 by Resolution
No_ 06-06.
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EXHIBIT C -RULES AND REGULATIONS
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