Chapter 9.70
IRRIGATION SYSTEM
Sections:
9.70.020 Diversion of water permitted.
9.70.030 Limitations for diversion – Permit.
9.70.040 Hours when diversion prohibited.
9.70.050 Use of wastewater exception.
9.70.060 Manner of diverting water.
9.70.070 Water flowing on streets prohibited.
9.70.080 Removal of gates or dams.
9.70.090 Ditches to be kept clear.
9.70.100 Council may fix regulations.
9.70.110 Violation – Denial of water.
9.70.010 Terms defined.
For the purpose of this chapter the term “water user” shall be taken to include any person owning or having title to lots or other parcels of land within the corporate limits, or having the possession or use thereof under lease or otherwise, and diverting water from the city ditches for domestic or irrigation purposes. The term “city ditches” shall be taken to include the main ditch and all other ditches and laterals owned and operated by the city as the surface water and irrigation system of the city and the water herein referred to shall include all the water delivered to the ditches under the decreed water rights of the city. (Code 1997 § 9-7-1).
9.70.020 Diversion of water permitted.
Any water user may divert water from the city ditches for domestic and irrigation purposes, subject to the limitations, regulations, and restrictions herein contained. (Code 1997 § 9-7-2).
9.70.030 Limitations for diversion – Permit.
No water user shall divert water from the city ditches for irrigating more than five lots of ground, a lot being taken as 25 feet by 125 feet in area, or a tract of land equivalent thereto in area, without first having obtained permission from the council as hereinafter provided, and if any water user shall apply water diverted from the city ditches to more than five lots of ground without such permission, it shall be conclusively presumed that he is diverting and using more water from the ditches than he is entitled to receive. Any water user desiring to divert water from the city ditches to irrigate more than five lots of ground herein specified shall, on or before the first day of May of each year, file a written application with the director of finance asking permission to irrigate from the city ditches any additional land. The application shall give a description of the land which applicant wishes to irrigate, the nature of the crop he expects to raise, and the amount of water he wishes to divert from the city ditches for use thereon. The council shall consider all applications filed with the director of finance at the regular meeting of the council in May of each year, and the council may grant or refuse any application or approve the application as to the part of the land described therein and reject it as to the remaining parcels of land. If any such application be granted, the applicant shall receive a written permit which shall contain a description of the land which may be irrigated under the permit; and thereupon, and before the applicant is permitted to divert any water under the permit, he shall pay to the treasurer $2.00 for each lot or tract of land equivalent to 25 feet by 125 feet in area or fraction thereof, described in the permit. Any permit granted pursuant to this section shall lapse on the first day of May following its date of issue. The permit shall be accepted by the water user subject to all the rules and regulations contained in this chapter, and shall not entitle the water user to whom it is issued to any rights or privileges not enjoyed by any other water user, save and except the right to apply water diverted from the city ditches to more than five lots of ground as described herein. (Code 1997 § 9-7-3).
9.70.040 Hours when diversion prohibited.
No water user shall divert water from the city ditches between the hours of 9:00 p.m. and 5:00 a.m. of each 24 hours, and no water user during said time shall leave a floodgate, dam or other obstruction in the ditches; provided, however, any water user may obtain permission from the council to divert water during said time. (Code 1997 § 9-7-4).
9.70.050 Use of wastewater exception.
GMC 9.70.030 and 9.70.040 shall not apply to water users who take water from the city ditches at the point or places where the city water is discharged as wastewater; provided, however, the diversion of the wastewater shall be subject to the control of the council and the rules and regulations contained in the other sections of this chapter; and provided further, that the point or places where water is discharged as wastewater shall be designated from time to time by the council. (Code 1997 § 9-7-5).
9.70.060 Manner of diverting water.
The water user in diverting water from the city ditches shall divert the water from the nearest ditch to the lot to be irrigated unless it is impossible to irrigate the lot from the nearest ditch; and the water user shall conduct the water directly to the lots or parcels of land to be irrigated and shall not construct ditches or other water conduits for conducting the water along the streets or alleys of the city without permission obtained from the council. Any water user making a ditch across the sidewalk shall bridge or pipe the ditch for the full width of the sidewalk. (Code 1997 § 9-7-6).
9.70.070 Water flowing on streets prohibited.
No water user or any other person shall cause water to flow upon the streets, sidewalks or alleys of the city, and no water user shall divert and use the water from the ditches, nor place any floodgate, dam or other obstruction in the ditches, nor irrigate his land in such manner as to cause water to flow upon the streets, sidewalks, or alleys of said city. Water flowing upon the streets, sidewalks or alleys from a city ditch where water is being used or diverted by a water user, or from the private ditches of the water user, or from the land which he is irrigating shall be prima facie evidence of a violation of this section by the water user diverting the water. (Code 1997 § 9-7-7).
9.70.080 Removal of gates or dams.
No water user nor any other person shall move, alter or in any manner displace any floodgate, dam or any obstruction which is placed in a city ditch under the supervision and direction of the city. (Code 1997 § 9-7-8).
9.70.090 Ditches to be kept clear.
All water users and other persons living within the limits of the city shall keep the ditches in front and rear of their respective premises clear and free from filth and dirt and shall not pour nor dash into the ditches any slop, or filthy or offensive matter of any description whatsoever. (Code 1997 § 9-7-9).
9.70.100 Council may fix regulations.
The council in the management and control of the city ditches, in making an equitable distribution therefrom, and in combating the mosquito pest, may cause the water in the ditches to be turned off, and may order to be removed or cause to be removed, any floodgate, dam or obstruction by which water is being diverted from the ditches by the water user, or may establish ditch districts within the city and allow the residents of one district to use the water for a specific number of hours to the exclusion of the residents of the other districts, or may shut off any water from any water user who diverts water for an unreasonable length of time. The chairman of the ditch and water committee is hereby empowered to make suitable orders carrying out any of the powers of the council reserved and mentioned in this section save and except any order fixing the time during which water shall be turned off in combating the mosquito pest and any order establishing ditch districts as specified herein. All water users and their rights to divert water from the city ditches are subject to any and all orders that may be made pursuant to this section. (Code 1997 § 9-7-10).
9.70.110 Violation – Denial of water.
Any water user and any other person who shall violate any of the provisions of this chapter or who shall disobey any lawful notice of the mayor or council or any duly authorized officer of the city concerning the city ditches or the water therein shall be deemed guilty of a misdemeanor, and subject to the general penalty provided by this code, or may be deprived of the use of and right to divert water from the city ditches for a period of time not exceeding three months of the irrigation season, or both such fine and denial of right to divert water from the city ditches, in the discretion of the police magistrate. (Code 1997 § 9-7-11).