Encinitas Municipal Code Art. 16 Water Service

Water meters and laterals to meters from the District’s distribution lines are the property of the District. All lines and facilities beyond the meter are the property and the responsibility of the property owner.

(Res. No. 2020-02, adopted 5/20/20)

The District will take orders for installation of new meters only when the applicant has a building permit for that use. For a property needing water for which no building permit is required, a request for service shall be made to the Board of Directors, which shall have the power to determine whether water is presently needed for such property and whether a new connection should be permitted.

(Res. No. 2020-02, adopted 5/20/20)

The District shall endeavor to maintain water pressure in District lines at no less than the minimum required by the California law except in an emergency. Where higher than normal pressure exists, the customer shall furnish and maintain, at his or her own expense, a pressure regulator.

(Res. No. 2020-02, adopted 5/20/20)

Resale of water by a District customer for use on property other than that customer’s property is prohibited.

(Res. No. 2020-02, adopted 5/20/20)

Waste of water is prohibited. The District may terminate service, restrict or reduce water service, and may remove the meter, of any customer knowingly wasting water. The District may establish fees and penalties for waste of water. Waste of water may include excessive use which may be determined by the District pursuant to its water supply shortage regulations, as may be amended from time to time. (Water Code Section 366.)

(Res. No. 2020-02, adopted 5/20/20)

No person, except a duly authorized employee of the District, shall be permitted to turn on or turn off the water at any connection or open or close any gate valve or other device for regulating the flow or measurement of water in the District’s pipelines. Only duly authorized employees of the District shall connect or disconnect any customer’s service.

(Res. No. 2020-02, adopted 5/20/20)

Any damage occurring to a meter or other appliances, pipes, appurtenances, or property of the District caused by an intentional act or by the negligence or neglect of the customer shall be paid for by the customer upon presentation of a bill therefor. Any other person or company damaging District property shall be billed for the costs of repair thereof, which shall be paid within 60 days of the bill date.

District inspection and line location staff are available to mark the location of underground District facilities. Customers are advised to consult with District staff before commencing construction or landscape work.

(Res. No. 2020-02, adopted 5/20/20)

Employees and agents of the District shall have unrestricted access at reasonable hours to all premises supplied by the District to inspect the supply system, meter, or other measuring apparatus and to see that the rules and regulations of the District regarding the taking, use or waste of water are being observed.

(Res. No. 2020-02, adopted 5/20/20)

For the protection of the District and public water supplies, many offenses are by State law made misdemeanors for which the offender may be criminally prosecuted. These include:

(a) Section 498, Penal Code: Taking water without authority or by making unauthorized connections.

(b) Section 592, Penal Code: Taking water from flume or reservoir.

(c) Section 607, Penal Code: Injuring tanks, flumes, reservoirs, etc.

(d) Section 624, Penal Code: Breaking, digging up, obstructing, or injuring pipes, etc.

(e) Section 625, Penal Code: Taking water after works have been closed or sealed.

(f) Section 4455, Health and Safety Code: Bathing (swimming) in lakes or reservoir.

(Res. No. 2020-02, adopted 5/20/20)