Anyone wishing or planning to construct a new building, new commercial site/center, new housing tract or series of homes or any other project that involves the development of new construction that will need a new domestic water service and/or new fire service or both and/or the construction of additional pipeline facilities to serve this development will be required to provide the following information.

1. A letter stating the nature of your project including: what you are planning to build, an estimate of how much water your project may use, a schedule of when you plan to build including an approximate completion date;

2. Once the District has received the letter stating the nature of your project we will require a deposit based on the following:

1. For projects that do not require review by an engineer, a minimum design and plan check deposit of $1,500.00; for all other projects engineering plans will be required four sets;
2. For "small projects" (which for purposes of this rule shall mean any single dwelling unit or single business establishment), a minimum design and plan check deposit of $3,500.00;
3. For "medium projects" (which for purposes of this rule shall mean any construction or development project of two to ten dwelling units or two to five business establishments), a minimum design and plan check deposit of $5,000.00;
4.  For “large projects” (which for purposes of this rule shall mean any construction or development project larger in size than a medium project), a minimum design and plan check deposit of $7,500.00;

3. If you have a letter from the local Fire Marshall requesting specific Fire Flow requirements at the time you are submitting plans, the District will require a copy.

4. Once the plan check process has been completed District staff will then setup a meeting with the Applicant to go over the engineers remarks and to answer any questions the Applicant may have. At this point the District will want to know who will be constructing the project if it is not stated in the initial letter submitted by the Applicant. Should the Applicant require the District to build the facilities another meeting will be necessary to lay out all the issues that will have to be met by the Applicant.   

5. At the completion of all work requested or near the end, the Applicant will need to file with the District an application for service stating the owner/occupant to receive service; who is to receive the bill and where it is to be sent; and current address of all affected tenants.

6. Prior to receiving water service the Applicant will be required to pay all monies owed to the District; meet all cross-connection requirements if applicable, and make arrangements to meet the District's Article 11.01 requirement².   

7. Any questions pertaining to these Procedures can be directed to Mark Grajeda, General Manager.

Notes:

1. Plans for District review should include all facilities contemplated to serve both domestic and fire services including but not limited to pipe sizes, placement of water meters, fire service meters, service laterals, fire hydrants, easements, pressure and flow requests. Landscape irrigation plans will also be required by the District.
2. Article 11.01 describes specifically what is required of a developer when their project negatively impacts the District’s Allowed Pumping Allocation.    

11.01 GENERAL POLICY

Any construction of water distribution mains or other related water system facilities required in connection with any development or redevelopment project within the District's jurisdiction, shall, unless otherwise agreed to by the Developer (as defined in Rule 11.02, below) and the District's General Manager in the exercise of his or her reasonable discretion, be performed by the Developer at the Developer's sole cost and expense (including the procurement of all necessary materials); provided, however, that the District shall approve the Developer's contractor that will perform that work, which approval shall not be unreasonably withheld, and the District shall inspect, approve and have jurisdiction over such work at all times during construction and upon its completion. Any such contractor shall be duly licensed by the State of California Contractors' State License Board in all categories necessary for the work to be performed and shall have all necessary insurance and bonding. In the event the Developer does not provide a contractor to meet the foregoing criteria or that otherwise meets with the District's approval, the Developer may select a contractor from a list of contractors, to be provided by the District, who have previously satisfactorily completed work on projects within the District's jurisdiction.

11.02 DEFINITIONS

For purposes of this Article 11, the following terms shall have the following meanings:

“Developer” shall mean the person or entity that undertakes a New Development Project or undertakes any other development or redevelopment project within the District's jurisdiction which requires any work to be performed on the District's water distribution system.

“Equivalent Dwelling Unit” or “EDU” shall mean units of measure that standardize the level of demand created by various uses within the District's jurisdiction in excess of the demand for water historically used at a given property based on the District's water consumption records or calculations of such historical use. One EDU is equivalent to one-half (1/2) of an acre-foot of water used annually, which is approximately the amount of water provided to an average single family detached residential household. For example, a small business designed to use three times as much water as an average single family detached residential household (1.5 acre-feet of water per year) would have a demand of three EDUs in terms of water usage.

“New Development Project” or “Project” shall mean a development or redevelopment project on real property within the District’s jurisdiction that either: (a) previously did not receive water service from the District, or (b) constitutes a change in the type of use of that property (e.g., from an automobile repair shop to a restaurant) that previously received water service from the District, which change in the type of use, by the District's determination in its reasonable discretion, will result in additional demand for water beyond the demand for water historically used at the Property based on the District's water consumption records or calculations of such historical use.

“Project Closeout Water Rights Letter” shall mean the letter provided by the District to the Developer in accordance with Rule 11.09, below, and in the form of Appendix N hereto.

“Property” shall mean the real property on which the Project is occurring.

“Water Service Availability Letter” shall mean the letter provided by the District to the Developer in accordance with Rule 11.03(B), below, and in the form of Appendix O hereto.

11.03: APPLICATION PROCEDURE

A. Submission of Plans and Fire Requirements: The Developer shall furnish the District with such plans and/or maps as may be reasonably required by the District's General Manager, including, but not limited to building plans to be submitted to the City of Pico Rivera (or other applicable planning agency), tract map (if applicable), sewer plan, and any fire flow or other pressure or flow requirements required by the Los Angeles County Fire Department, as more fully discussed in Rule 11.07, below.

B. Request for Water Service Availability Letter: [amended 3/3/03] Upon written request by the Developer to the District, and upon approval by the General Manager of the proposed water system improvements required to serve the Project, including any oversizing or off‑site facilities required by the District, and, further, upon confirmation that the District is able to provide suitable water service to the Project, the District will provide the Developer with a Water Service Availability Letter.

C. Water Service to New Development Project: [added 3/3/03] If the District determines that a New Development Project will result in increased demand for water to be provided by the District in relation to the prior use of the Property, such that the District would therefore be required to procure additional Allowed Pumping Allocation under the Central Basin Judgment,[1] the Developer shall either (a) permanently assign to the District additional Allowed Pumping Allocation in the Central Basin to offset the additional demand resulting from the New Development Project; or (b) pay to the District a fee in the amount of $2,000 per Equivalent Dwelling Unit[2] based on the estimated additional water consumption of the Project (which consumption shall be determined by the District with input from the Developer) in excess of the amount of water historically consumed at the Property. In calculating the EDUs, when such consumption incrementally exceeds either one-half (.50) of an acre-foot or a whole (1.0) acre-foot, then the EDU shall be rounded up to the next highest EDU; provided that in all events the minimum shall be one (1) EDU. By way of example, if the Project is estimated to use 1.3 acre-feet of water more than what was historically used at the Property, then the estimated usage for the Project would be rounded up to three (3) EDUs.

D. Reconciliation of Actual Usage: After at least six (6) months, but not to exceed twelve (12) months of actual water usage by any Project (provided that such period may be extended for up to an additional six (6) months in the discretion of the District's General Manager), either: (i) the Developer, or any successor in interest to the Developer as to any portion of the Project, or (ii) the District, may notify the other in writing regarding the actual water usage at the Project, or pertinent portion thereof. If the Project's annualized actual water usage exceeds the amount of additional water usage estimated pursuant to Subparagraph 11.03(C), above, the Developer, or the Developer’s successor in interest, shall pay to the District within thirty (30) days of receipt of written notice the amount by which such actual usage exceeds the estimated amount, as calculated in accordance with Subparagraph 11.03(C); provided, however, that in the event the Project consists of subdivided lots or individual units, any individual successor in interest to the Developer shall only be responsible for a proportionate amount of such increased usage, as determined by the District in its reasonable discretion after taking into account the total square footage of the Project, total square footage of such individual unit or lot and/or the total number of units or lots that constitute the Project. If the estimated additional water usage estimated pursuant to Subparagraph 11.03(C), above, exceeds the annualized actual amount of such water usage, the District shall within thirty (30) days of that determination pay to the Developer, or the Developer's successor in interest, as the case may be, the amount by which such actual usage exceeds the estimated additional amount of water usage, as calculated in accordance with Subparagraph 11.03(C); provided, however, that in the event the Project consists of subdivided lots or individual units, the District shall only be responsible to pay to any individual successor in interest to the Developer who notified the District regarding the actual water usage a proportionate amount of such reduced actual usage, as determined by the District in its reasonable discretion after taking into account the total square footage of the Project, total square footage of such individual unit or lot and/or the total number of units or lots that constitute the Project.

11.04: PROJECT IMPROVEMENTS; EASEMENTS

Where necessary in connection with any Project, the Developer shall construct, subject to plans approved by the District, such off‑site facilities as are required to ensure the facilities are installed and/or constructed in accordance with the District's standard specifications. The Developer shall obtain and subsequently convey to the District, at no cost to the District, such easements as the District determines to be necessary for installation of such off‑site facilities, or for any District facilities to be installed on the Property. The District shall determine the location of such easements, which shall be granted pursuant to the form of Easement Deed attached hereto as Appendix P. The District, may in the reasonable discretion of the General Manager, require that the Developer provide a policy of Title Insurance issued by Chicago Title Insurance Company in such amount as the General Manager determines to be appropriate under the circumstances, insuring the District's right, title and interest in the easement granted.

11.05: DISTRICT ACCEPTANCE OF FACILITIES

All mains, services, or other appurtenances connected to the District's distribution system, with the exception of backflow prevention devices and private fire hydrants, shall become the property of the District upon acceptance of the facility for operation, maintenance and repair by the District.

11.06: PROVISION OF SERVICE

The District shall not be obligated to provide water service to any applicant for water service until after any and all fees, charges and past due assessments owing to the District and associated with the parcel seeking water service shall have been paid in full.

11.07: MINIMUM FIRE FLOW REQUIREMENTS

A. Preliminary Determination: In order to ensure that all areas of the District to which water is supplied meet the minimum fire flow requirements established by Los Angeles County, the Developer shall inform the District of the fire flow requirements for the Project imposed by the Los Angeles County Fire Department, or any successor agency, and shall request that the District conduct a fire flow test to determine whether the Property to be developed will receive sufficient fire flow. The District will also review the impact of the Project's water demands on the District's distribution system and shall determine the Project's impact on the fire flow and pressure to the surrounding area. If sufficient fire flow or pressure is not available to the Project or the surrounding area as a result of the Project, or if the Project is determined by the District to adversely impact the District's distribution system in any other area, the Developer will bear all expenses necessary in designing and constructing any improvements necessary to provide the required fire flow or pressure to the Project, surrounding area and/or such other area(s); provided, however, that such costs will be borne equitably by those who undertake construction or development in the area within thirty-six (36) months of the Project’s completion.

11.08: COSTS AND CHARGES [adopted August 20, 2001; amended subparagraph A on December 21, 2005]

The District may, at the discretion of the General Manager, recover from any person all costs incurred by the District in rendering any services necessitated by such person's planned construction, other requirements for water system improvements, or other activities related to changes to existing District facilities. Such costs that may be recovered shall include: (i) the actual cost of any outside engineering or other outside consultants= services utilized by the District in connection with such services; (ii) legal costs; (iii) the salary of any District employee who renders such services, as determined by such employee=s hourly salary rate and overhead burden; and (iv) the cost, as established from time to time by the District, of any District equipment used in connection with such services. The District shall require a deposit, in accordance with subparagraph (A), below, to be paid prior to rendering any services hereunder.

A. Water System Design and Plan Check Deposit: The Developer of any Project shall place with the District, prior to the District designing (if applicable) or reviewing any water plans for the project a deposit (subject to the provisions of subparagraph F, below) in an amount to be determined by the District's General Manager based upon his or her estimate of the time expected to be needed to accomplish such design work and/or to review such plans, including the time of District staff and any legal review, if necessary, in accordance with the following minimum schedule:

1. For projects that do not require review by an engineer, a minimum design and plan check deposit of $1,500.00.

2. For "small projects" (which for purposes of this rule shall mean any single dwelling unit or single business establishment), a minimum design and plan check deposit of $3,500.00;

3. For "medium projects" (which for purposes of this rule shall mean any construction or development project of two to ten dwelling units or two to five business establishments), a minimum design and plan check deposit of $5,000.00; and

4. For "large projects" (which for purposes of this rule shall mean any construction or development project larger in size than a medium project, a minimum design and plan check deposit of

$7,500.00. The deposit shall be applied to any costs incurred by the District (including salary of any District personnel, or the cost of services provided by an outside engineer or other professional consultant engaged by the District in connection with such work) in designing any water system improvements necessitated by the project or in reviewing the plans for such improvements. In the event plan check costs exceed the deposit, the developer will be required to submit additional amounts to be established by the District in its reasonable discretion to cover any overruns.

B. Construction Costs: If, for any reason, the District undertakes the actual construction work, the costs to be fully paid by the Developer shall include the total direct costs of labor, equipment, materials and related services for mains, valves, fire hydrants, temporary and final service connections, meters, and other appurtenances and any other related work required under the Distric's Standard Specifications, less the difference in cost due to any District-required oversizing. Those costs shall be set forth in a written estimate provided by the District or its authorized engineer and shall be paid directly to the District as set forth in subparagraph F(2), below.

C. Inspection Costs: The Developer of any Project shall be responsible for all costs incurred by the District in connection with the inspection of the work related to that Project if such inspection is performed by District personnel or by an outside consultant engaged by the District. Such inspection costs shall be billed at the hourly rate and benefit burden of the District employee who performs that inspection, or at the actual cost incurred by the District if the inspection is performed by an outside consultant engaged by the District, plus the cost, as established from time to time by the District, of any District equipment used in connection with the inspection. The District's General Manager shall prepare a written estimate of the expected inspection costs, which shall be paid by the Developer in accordance with subparagraph F(2), below.

D. District Administrative Charge: This charge covers the District’s administrative burden and is computed as set forth in Appendix D.

E. Work Undertaken by Developer: If any design, construction or inspection work (including inspection of backfilling, compaction and paving) is to be undertaken directly by the Developer or by any District-approved contractor engaged and paid for directly by the Developer, then the Developer shall pay only: (i) the Water System Design and Plan Check charge set forth in subparagraph A, above, in connection with the District's review and approval of the plans for the project's water system improvements; (ii) any inspection costs incurred by the District pursuant to Paragraph C, above, for any inspection by District personnel or by a District consultant; and (iii) the District Administrative Charge, as set forth in Paragraph D, above.

F. Payment Schedule: The Developer shall pay the foregoing charges in two (2) installments, as follows:

1. The first installment shall consist of the applicable non-refundable Water System Design and Plan Check Deposit, and must be paid prior to the District commencing design work, if applicable, for the water system improvements, or reviewing plans for the system. If the amount deposited exceeds the actual costs incurred by the District in reviewing and approving the water system's plans, such excess shall be credited toward any other charges payable under this Rule 11.08 as part of the Developer’s second installment.

2. The second installment shall be an amount equal to the estimated total construction cost of the water system improvements required for the project (if the District undertakes the construction), the estimated inspection costs (if District personnel or a District consultant will perform such inspection) and the estimated District Administrative Charge. The second installment shall be paid following completion of plans by the District, if applicable, or, if the District is not preparing those plans, after the District completes its review of the plans. If the Developer directly undertakes the construction work and inspection of that work, this second installment shall consist only of the estimated District Administrative Charge.

3. Notwithstanding any other provision of this subparagraph F, if the actual costs incurred by the District in connection with any project exceed the amounts paid by the Developer under subparagraphs 1 and 2, above, the Developer shall be responsible for payment of such excess costs within thirty (30) days of the date of invoice from the District setting forth such excess costs. Conversely, if the amount deposited by the Developer under subparagraphs 1 and 2, above, exceeds the District's costs related to the project, the District shall refund to the subdivider or developer any such remaining funds within thirty (30) days of the District's final determination of its costs.

11.09. Transitional Provision.

This Article, as amended, shall be applicable and effective as of November 21, 2007 (the "Approval Date"); provided, however, that with respect to amounts to be payable under Rule 11.03(C): (a) any Developer who prior to the Approval Date has received a "Project Closeout Water Rights Letter," in the form attached as Appendix N to these Rules and Regulations, may elect to pay the amounts payable under Rule 11.03(C) over a two (2) year period commencing on the Approval Date; and (b) any Developer who, prior to the Approval Date, has entered into an oral or written agreement with the District concerning the payment for Allowed Pumping Allocation necessitated by the Developer's Project may continue to abide by the terms of such agreement, or may elect to pay the lump sum amount calculated pursuant to Rule 11.03(C), less an appropriate credit for sums previously paid to the District in accordance with that oral or written agreement.

11.10. Appeal:

A Developer may appeal to the District's Board of Directors any action taken by the District's General Manager under this Article 11. Any such appeal shall be made in writing within thirty (30) days of receipt of notice of such action, and will be heard at a regular Board meeting occurring within thirty (30) days after receipt of the Developer's written appeal.