Current through Register Vol. 39, No. 6, September 16, 2024
(a) General
Provisions.
(1) A bona fide customer as
referred to in subsections (b) and (c) hereinafter shall be a customer of
permanent and established character, exclusive of the real estate developer or
builder, who receives water service at a premises improved with structures of a
permanent nature.
(2) Any
facilities installed hereunder shall be the sole property of the
utility.
(3) The size, type,
quality of materials, and their location will be specified by the utility, and
the actual construction will be done by the utility or by a constructing agency
acceptable to it.
(4) Adjustment of
any difference between the estimated cost and the reasonable actual cost of any
main extension made hereunder will be made within 60 days after the actual cost
of the installation has been ascertained by the utility.
(5) In case of disagreement or dispute
regarding the application of any provision of this rule, or in circumstances
where the application of this rule appears impracticable or unjust to either
party, the utility, applicant or applicants may refer the matter to the Public
Utilities Commission for settlement.
(6) Extensions for fire hydrant service,
private fire protection service, and temporary service will not be made under
this rule.
(7) The utility will not
be required to make extensions where grades have not been brought to those
established by public authority.
(8) Where the property of the applicant or
applicants is located adjacent to a street or highway exceeding 70 feet in
width, or a freeway, waterway, or railroad right-of-way, the utility may elect
to install a main extension on the same side thereof as the property of the
applicant or applicants, and the estimated cost in such case will be based on
such an extension.
(9) Where an
extension must comply with an ordinance, regulation, or specification of a
public authority, the estimated cost of said extension shall be based upon the
facilities required to comply therewith.
(b) Extensions to Serve Individuals.
(1) The utility will extend its water
distribution mains to serve new bona fide customers at its own expense, other
than to serve subdivisions, tracts, housing projects, industrial developments
or organized service districts, when the required total length of main
extension from the nearest existing distribution main is not in excess of 100
feet per service connection. If the total length of main extension is in excess
of 100 feet per service connection applied for, the applicant or applicants for
such service shall be required to advance to the utility before construction is
commenced that portion of the reasonable estimated cost of such extension over
and above the estimated reasonable cost of 100 feet of the main extension per
service connection exclusive of the cost of service connections and meters and
exclusive of any costs of increasing the size or capacity of the utility's
existing mains or any other facilities used or necessary for supplying the
proposed extension. Such estimated reasonable cost shall not be based upon the
cost of a main in excess of 4 inches in diameter except where required by the
special needs of the applicant or applicants. The money so advanced will be
refunded by the utility without interest in payments equal to the reasonable
actual cost of 100 feet of the main extension, for which advance was made for
each additional service connection, exclusive of that of any customer formerly
served at the same location. Refunds will be made within 180 days after the
date of first service to a bona fide customer. No refunds will be made after a
period of 5 years from the date of completion of the main extension and the
total refund shall not exceed the amount advanced.
(2) Where a group of five or more individual
applicants request service from the same extension, or in unusual cases after
obtaining Commission approval, the utility at its option may require that the
individual or individuals advance the entire cost of the main extension as
herein provided and the utility will refund this advance as provided in
subsection (c)(2) of this rule.
(3)
In addition to refunds made on the basis of service connections attached
directly to the extension for which the cost was advanced as provided in
subdivision (1) of this subsection, refunds also will be made to the party or
parties making the advances in those cases where additional bona fide customers
are served by a subsequent main extension, either continuous or lateral,
supplied from the original extension upon which an advance is still refundable,
whenever the length of such further extension is less than 100 feet per service
connection. Such additional refunds will equal the difference between the
100-foot allowance per service connection and the length of each required
subsequent extension multiplied by the average cost per foot of the extension
used as the basis for determining the amount advanced. In those cases where
subsequent customers are served through a series of such main extensions,
refunds will be made to the party or parties making the advances in
chronological order beginning with the first of the extensions in the series
from the original point of supply, until the amount advanced by any party is
fully repaid within the period of 5 years as specified above. In those cases
where two or more customers have made a joint advance on the same extension,
refunds will be made in the same proportion that each advance bears to the
total of said joint advance. Where the utility installs a main larger than that
for which the cost was advanced to serve an individual or individuals, and a
subsequent extension is supplied from such main, the original individual or
individuals will not be entitled to refunds which might otherwise accrue from
subsequent extensions.
(c) Extensions to Serve Subdivisions, Tracts,
Housing Projects, Industrial Developments or Organized Service Districts.
(1) An applicant for a main extension to
serve a new subdivision, tract, housing project, industrial development or
organized service district shall be required to advance to the utility before
construction is commenced the estimated reasonable cost of installation of the
mains, from the nearest existing main at least equal in size to the main
required to serve such development, including necessary service stubs or
service pipelines, fittings, gates and housings therefor, and including fire
hydrants when requested by the applicant or required by public authority,
exclusive of meters. If additional facilities are required specifically to
provide pressure or storage exclusively for the service requested, the cost of
such facilities may be included in the advance upon approval by the
Commission.
(2) The money so
advanced will be subject to refund by the utility without interest to the party
or parties entitled thereto. The total amount so refunded shall not exceed the
amount advanced. Refunds will be made under the following method:
Proportionate Cost Method. - For each service connection
directly connected to the extension, exclusive of that of any customer formerly
served at the same location, the utility will refund within 180 days after the
date of first service to a bona fide customer that portion of the total amount
of the advance which is determined from the ratio of 100 feet of main to the
total footage of main in the extension for which the cost was advanced. No
refunds will be made after a period of 5 years from the date of completion of
the main extension.