§ 4.44.070. San Felipe water used on parcels located partially outside Zone 6.

1.

All parcels within the San Felipe Distribution System and which are part of a single unit of real property utilized or capable of being utilized as a single unit but being only partially within Zone 6 shall be entitled to enter into a contract with the district for a water allocation for the portion of the parcel within Zone 6 without restricting the use of water to the Zone 6 area of said parcel provided:

A.

Such contract does not increase entitlements to contract for San Felipe Distribution System water except as a result of normal administrative procedures and rules and regulations of the district governing the use of San Felipe Distribution System water.

B.

That such use of San Felipe water outside Zone 6 is acceptable to and/or approved by the bureau of reclamation.

C.

That such use of San Felipe water outside Zone 6 is acceptable to and/or approved by the state water resources control board if such action is required as a result of water rights "place of use" consideration(s).

D.

Any additional water supply facilities required to serve the parcel are constructed in accordance with district rules and regulations and at no expense to the district. This requirement does not prevent the district from electing to participate in the financing of such water facilities.

E.

Reimbursement to the district of Zone 6 land taxes that have not been paid and/or assessed on the portion of the parcel within Zone 6, as determined by the board of directors of the district.

2.

Parcels partially within Zone 6 and permitted to use Zone 6 water outside of the Zone shall be entitled to participate in the District sale of additional water in accordance with the rules and regulations of the District. The price for additional water utilized outside Zone 6 may, at the sole determination of the District, include a surcharge for use outside the District.

3.

This policy shall be implemented through special agreements, which shall include a provision that the water is supplemental, interruptible and may be restricted during periods of water shortage or emergency.

4.

This policy is limited to real property parcels, which existed on the day this policy is approved by the board of directors.

(Res. No. 2000-17, 8-30-2000)