2021 Board Meetings

Rules and Regulations

  1. EMPLOYEES

The manager shall employ ditchriders and other employees as may be necessary to the operation of the district.

Ditchriders shall have authority to manage the system and the distribution of water in the area assigned them as directed by the Manager. If the landowner disagrees with the decision of the ditchrider they may appeal to the Manager and then to the Board of Directors.

  1. DISTRICT STRUCTURES & FACILTIES

The canals, pipelines and all other structures and facilities of the irrigation system and all other devices placed in or over or under any such structure or facilities are required to have a written Crossing Permit and approval of the manager.

  1. POINTS OF DELIVERY

The district shall establish points of delivery in accordance with the following principles:

1.The land use and the area ownership situation being greatly diverse within the district, points of           delivery as conveniently to all users as possible, considering all factors involved. Formulas for               delivery points, such as “high point in the forty acres” would not be equitable to all parts of the               district.

  1. The district shall assist to preserve access to delivery points. The district shall assist the owner to obtain access by practical means and shall lend authority of the district when feasible.

3. Where lands have become isolated from legal access to delivery points, the district shall assist                 the owner to obtain access by practical means and shall lend authority of the district when                     feasible.

  1. ROTATION OF WATER

Water users are responsible to obtain their irrigating Schedules for the delivery of water. Refusal of water when scheduled forfeits the user’s right for that rotation. Water shall be turned off and on by the ditchrider or by his authority.

  1. CONDITION OF FACILITIES

Privately maintained laterals and other facilities served by the District must be in good condition so as to prevent 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 will not be responsible for defects in privately maintained facilities. (SEE 12. PRIVATE LATERALS)

  1. ACCESS TO LANDS & RIGHT OF WAYS

The properly authorized employees and agents of the district shall be permitted to enter upon any irrigated land of the District for the purpose of reasonable inspections of irrigation or facilities for irrigation. District canals shall be accessible along the bank by district employees in a sufficient area to afford access to patrol and repair the canal. Where necessary, the land owner shall afford additional access to district facilities on the land for repairs and maintenance. Crops, trees and other vegetation grown within the District’s right-of-way, or otherwise interferes with the District’s facility shall be subject to reasonable removal or destruction by the District at the cost of the responsible party.

  1. POLLUTION

It shall be the duty of the landowner to prevent any pollution of irrigation waters or water courses. All employees shall promptly report any pollution occurring in District facilities and the Manager shall institute prosecution of any violations of the state laws of pollution where the cause is not immediately eliminated. Oregon Law (ORS 164.785) prohibits the dumping of sewage, wood, rubbish and other polluting items and substances into any canal or ditch, whether Private or District maintained. Additionally, placement of tree or vine pruning, brush, weeds, grass, manure, rubbish or any other polluting material or substances which are or will become offensive to the senses or injurious to health or which shall obstruct the usage or flow shall not be permitted. The District will encourage the public to cooperate in the enforcement of these provisions and shall, if necessary, seek full enforcement of the applicable laws to all offenders.

  1. DAMAGE TO FACILITIES

It shall be the duty of every landowner to use due care to avoid damage to district canals or other facilities. Any damage caused thereto by the landowner, intentionally, including damage caused by livestock of any landowner, or his agent. Damages shall be repaired at the cost of the responsible party.

  1. GATES, CHECKS, BRIDGES, CULVERTS, FENCES AND OTHER STRUCTURES

No structures such as gates, checks or diversions shall be placed in district canals, bridges, culverts or structures over or under canals without expressed approval first obtained from the Manager. All maintenance of such installations shall be the duty of the landowner. No fences shall be built which interfere with full operation of District facilities including patrol and maintenance of District canals. No gates or fences on or across ditch banks or canals shall be constructed without approval of the Manager. Unauthorized installations shall be removed at the cost of the responsible party.

  1. ENFORCEMENT OF RULES & REGULATIONS

Breach of these rules and regulations by a water user shall; at the discretion of the Board, cause the user to be subject to suspension of water delivery until adjusted and, or, reimbursed to the District for actual cost.

  1. DELINQUENCIES IN PAYMENTS

The Board of Directors, at its discretion, may withhold delivery of water to any lands within the District until such time as past due charges are paid. In the case of inability to meet this requirement, landowners shall present their case to the Board of Directors. It will be the policy of the Board of Directors, at its discretion, or before the beginning of each irrigation season, to determine the amount of the delinquent charge which shall be paid prior to delivery of water.

  1. PRIVATE LATERALS

All gates on all private ditches shall be under control of the District when used by more than one water user, but the District will not construct of maintain private delivery systems.

The owners of the private ditches shall provide suitable locking devices on all private gates and checks. When more than one water user is on a private lateral, each water user shall provide his own diversion facilities at his high point 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 to patrol from their property to the main lateral as many times each day as necessary to remove obstructions and to stop all leakage while he/she is 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 water. The last user on the private lateral should notify the District’s office when all water users on the private lateral have completed their irrigation so the ditchrider, or his agent, can shut off the private lateral.

The District will encourage the participation of all landowners of all landowners in the costs of cleaning or otherwise maintaining facilities privately owned and the recovery, among private landowners, pursuant to the provisions of ORS 540.420 and 540.440.

  1. WADING AND SWIMMING IN CANALS

No person shall wade, swim or bathe in the canals, laterals, pipelines or works of the District, and all members of the District are asked to notify the District’s office of violations.

  1. SUBDIVISIONS

Any owner or owners, subdivides or sellers of any tract or tracts of land lying within the boundaries of the District and who are subdividing a tract of land currently within the District will be held responsible for the delivery of the District’s water to any subdivided portion and to provide the necessary easements and delivery system from the original point of delivery for said tract to each of the portions of the subdivided tract.

The subdivider shall show on the subdivision plat all existing easements, right-of-ways and facilities and shall further show any roads or crossings, new or existing, which cross any of the Districts’ ditches, laterals, canals or existing easements. In every case, prior to the construction or reconstruction of a road or crossing of any ditch, lateral, canal or easement owned or controlled by the District, the subdivider must secure from the District approval for the construction or reconstruction of any such road or crossing. The subdivider shall further develop his property in such a manner as not to adversely affect any of the District’s facilities.

Any person who sells, contracts to sell, leases, purchases or contracts to purchase any part of the existing tract shall not look to the District to provide right-of-way, water transmission facilities or maintenance of said facilities from the original point of delivery of the original tract. All private delivery systems from the original point of delivery are to be the sole responsibility of either the subdivider or the individual tract owners.

Oregon Law, ORS 92.020 (6), provides “no plat of a subdivision or partition located within the boundaries of the District shall be approved by the City of Grants Pass or Josephine County, the

City of Rogue River or Jackson County, unless the city or county has received and accepted a certification from the District that the subdivision or partition is excluded from or included into the District.

  1. PUMPING

All landowners using pumps to lift water from the District’s canals will be subject to these rules and regulations in the same manner as if they were gravity deliveries. All such installations must be approved by the Manager and there must be a valve control gate in the delivery line on the outside of the pump house. All such installations shall be placed in such a manner that no checking of the canal or lateral will be required to deliver water to them, and not to interfere with operations of and maintenance of the facility. This requirement will apply to old as well as new installations.

The Manager may permit landowners using pumps to pump out of rotation when it is in the best interest of District and for conservation of water. No pumping out or rotation shall be permitted which shall interfere with other irrigators using water from such lateral or canal having a full supply of water on a rotation basis.

Pumping of District water is done at the water user’s risk and the District assumes no liability for damages to pumping equipment of other damages as a result of turbulent water, fluctuation in flow, or other causes.

The District assumes no responsibility for any damage to pumps or related facilities resulting from a decreased water supply or the failure of delivery of the water, The District recommends that users of pumping facilities install automatic shut-off devices or similar safeguards to prevent such damage.

  1. NON-LIABILITY OF THE DISTRICT

The liability of the District does not include any damage or injury resulting from;

  1. Use of private irrigation ditches, dikes, pumps or other facilities.
  2. Use of water after delivery to the water user.
  3. Unauthorized use or trespass on District property or facilities.
  4. Shortage or failure of water delivery through circumstances beyond the reasonable control of the District.

The District’s liability end with the delivery of the water from the District to the private owner or the privately-owned facility and all liability directly or indirectly resulting in the use, distribution, conveyance or disposal of such water from and after said point shall in no way cause liability or responsibility to the District.

Water furnished by the District is, by law, to be used by its patrons for irrigation purposes. The duty of the District is to make equitable distribution of the water it diverts and is able to deliver by reasonable means and for such purpose only. The District shall have no liability for any claim resulting beyond such duty and such use of the District’s water, and specifically disclaims any responsibility for any other use of the water.

  1. DUTIES OF WATER USERS

It shall be the duty of the water users to use the water continuously, night and day, Sundays and holidays, until that particular irrigation is completed. Water users who turn water back into the ditch at night or on Sundays or holidays will be considered to have used the water during such period and the water will be passed on to other users. Irrigation scheduled are important for all users and will not be changed unless it is in the best interest of all users.

No water user shall dump any water into the District’s systems without providing de-silting facilities as specified by the District.

If any water user shall shut off his/her without first giving notice, he/she shall be liable to the lower users of water for all damages they may sustain by reason of increased flow of water upon their lands.

Every irrigator shall be responsible for all damages caused by his/her neglect or careless acts.

No continuous flow deliveries will be made except where the Manager shall determine that a continuous flow delivery will be advantageous to the District, but under no circumstances will a greater quantity of water be delivered that the amount to which the water user in entitled.

  1. WASTING WATER

OUR WATER MUST NOT BE WASTED. Careless and wasteful use of water will be sufficient grounds for the ditchrider to reduce the size of the stream to one which he believes the irrigator can handle economically. If, after reduction of the flow, the irrigation is still careless and wasteful, the water will be shut off from such user until he prepares to make better use of same, to the satisfaction of the ditchrider or Manager.

Persons wasting water on roads, or vacant land either willfully, carelessly or because of defective ditches or poorly prepared land, or who shall flood certain portions of land to an unreasonable depth to properly irrigate other portions, or who use water on land not authorized for irrigation by the Board of Directors may be refused the use of water until such conditions are remedied.

  1. UNLAWFUL USE OF WATER

It shall be unlawful for any person to take water unless the water user is:

1. a patron of the District.

2. has a District water right

3. has the operation and maintenance charge (O&M) charge on their statement

4. taking water on their scheduled time

The District will encourage the public to cooperate in the enforcement of these provisions and shall, if necessary, see full enforcement of the laws of theft through the District Attorney’s office as to all offenders.

  1. MEETINGS

The District invites participation at its meetings. Meetings are held at the Grants Pass Irrigation District office, 200 Fruitdale Drive at 9 a.m. on the second Thursday of each month.

  1. FORECLOSURE

The irrigation charges to be charged to the patrons of the District shall be computed each year. These charges shall be apportioned to the Districts’ patrons pursuant to the Oregon Law. Said annual irrigation charges shall become due on April 1, of each year, in one installment. If, on April 16 of each year the charges are unpaid, the District will apply interest on the unpaid balance until paid in full. The District may file a Notice of Lien in January of the next year pursuant to ORS 545.494. Thereafter, the Board of Directors may seek to foreclose the lien pursuant to the provisions of ORS 545.502. In such foreclosure proceeding, the District will seek to recover its charges as well as its foreclosure expenses, including court costs, attorney fees and title search fees.

  1. WATER RIGHT REDUCTION

The District will allow patrons/property owners to reduce acreage of irrigation assessed based on dimensions of the buildings and structures on the property. To accomplish this, the patron/property owner will be required to contact a certified Water Rights Surveyor prepare a report providing this information.

 

(adopted 12/12/19)