STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION (1997)

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended Through Board Resolution 97-59 (October 7, 1997)

MISSION COMMUNITY WATER SYSTEM

CODE

CONFEDERATED TRIBES

OF THE

UMATILLA INDIAN RESERVATION

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended Through Board Resolution 97-59 (October 7, 1997)

MISSION COMMUNITY WATER SYSTEM CODE

TABLE OF CONTENTS

Section 1.

Section 2.

Section 3.

Section 4.

Section 5.

Section 6.

Section 7.

Section 8.

Section 9.

Section 10.

Section 11.

Section 12.

Section 13.

Section 14.

Section 15.

Section 16.

Section 17.

Section 18.

Section 19.

Section 20.

Section 21.

Section 22.

Section 23.

Section 24.

Section 25.

Section 26.

Section 27.

Section 28.

Short Title and Scope of Code ....................................................................1

Definitions of General Terms .....................................................................1

Sovereign Immunity ....................................................................................3

Service Area ................................................................................................3

Description of Service .................................................................................3

Responsibility for Service ...........................................................................4

Application for Service ...............................................................................4

Main Extensions ..........................................................................................6

Services .......................................................................................................6

Meters .......................................................................................................10

Water Rates ...............................................................................................11

Notice ........................................................................................................12

Billing and Payments ................................................................................12

Meter Error ................................................................................................13

Cross Connections ....................................................................................14

Discontinuance of Service ........................................................................15

Restoration of Service ...............................................................................17

Unusual Demands .....................................................................................17

Access to Property ....................................................................................17

Responsibility for Equipment ...................................................................17

Fire Hydrants ............................................................................................18

Easements .................................................................................................18

Miscellaneous Violations ..........................................................................18

Civil Penalties ...........................................................................................19

Suspension of Rules ..................................................................................19

Prior Codes ................................................................................................19

Saving Clause ............................................................................................19

Code Approval ..........................................................................................19

Appendix A. Legislative History and Editorial Changes

MISSION COMMUNITY WATER SYSTEM CODE

PAGE i

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended Through Board Resolution 97-59 (October 7, 1997)

MISSION COMMUNITY WATER SYSTEM CODE

A code prescribing rules and regulations for water service of the Mission Community Water

System of the Confederated Tribes of the Umatilla Indian Reservation; prescribing the rules and

regulations for the conduct and operation of the water system of the said community and

connection therewith; regulating and governing the use of water from said system; providing

penalties for nonpayment of water service and for violation of this code and declaring an

emergency.

SECTION 1. SHORT TITLE AND SCOPE OF CODE.

(1)

Short Title. This code shall be known as the ''Mission Community Water System Code,”

and may be so cited and pleaded.

(2)

Scope. The Water Department, residents of the Mission Community, and all customers

receiving services from the Water Department, whether inside or outside the service area,

are bound by the rules and regulations set forth in this Code.

SECTION 2. DEFINITIONS OF GENERAL TERMS.

When used in this Code, the following terms shall have the meanings below, except where

otherwise indicated:

(1)

Applicant. Any legal entity including any person, firm, partnership, corporation,

governmental agency, or agent of any legal entity, applying for water service from the

Water Department.

(2)

Board of Trustees. The Board of Trustees of the Confederated Tribes of the Umatilla

Indian Reservation, which is the governing body of the Tribe.

(3)

Commercial. Includes commercial, industrial, hospitals, motels, hotels, retail stores,

service establishments, governmental, professional and other offices, financial

institutions, restaurants, and other similar establishments.

(4)

Cross Connection. Any physical arrangement whereby a community water system is

connected, directly or indirectly; with any non-potable or unapproved water supply

system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture, or other device

which contains, or may contain, contaminated water, liquid, gases, sewage, or other

waste, of unknown or unsafe quality; which may; be capable of imparting contamination

to the community water system as a result of backflow. Bypass arrangements, jumper

connections, removable sections, swivel or change-over devices, and other temporary

permanent, or potential connections through which, or because of which, backflow could

occur, are considered to be cross connections.

(5)

Customer. Any legal entity including any person, firm, partnership, corporation,

governmental agency or agent of any legal entity receiving water service from the Water

Department.

(6)

Customer Service Line. The pipe, valves and facilities leading from the water meter into

the premises or property served.

(7)

Dwelling. A building designed exclusively for residential purposes, including onefamily; two family and multiple family residences, but not including, hotels or motels.

(a)

Single Family Dwellings. A building used or arranged for use as the home or

abode of but one family.

MISSION COMMUNITY WATER SYSTEM CODE

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STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended Through Board Resolution 97-59 (October 7, 1997)

(b)

Two-family (duplex). A building used or arranged for use as the home or abode

of but two families, living independently of each other.

(c)

Multiple Family. A building used or arranged for use as the home or abode of

three or more families, living independently; of each other and doing their own

cooking in said building, and shall include flats, apartments and townhouses.

(8)

Dwelling Unit. One or more rooms designed for or occupied by one family.

(9)

Hotel. A building offering transient lodging (there being no cooking facilities in the

guestrooms) and additional services such as restaurants, meeting rooms, all recreational

facilities.

(10)

Mains. Distribution pipe lines, six (6") inches or larger in diameter, located in streets,

highways, public ways or rights-of-way which are used to serve the general public.

(11)

Manager. Manager shall mean the person employed by the Confederated Tribes of the

Umatilla Indian Reservation to manage the affairs of the Water Department including the

Assistant Manager of the Water Department in the absence of the Manager.

(12)

Master Meter. A Master Meter is a meter, which measures total consumption used by the

buildings served by a private water system.

(13)

Motels. A building or group of buildings on the same lot containing guest units with

separate entrances and consisting of individual sleeping quarters, detached or in

connecting rows, with or without cooking facilities.

(14)

Code. Code shall refer to the Mission Community Water System Code.

(15)

Private Water System. Private water System shall mean any water system, including,

mains and /or service lines, that is not operated by the Water Department, serving

buildings under one ownership in a commercial or industrial development or a mobile

home park.

(16)

Service Connection Line. The Water system distribution pipeline from the water main to

the meter including the corporation stop, curb stop, meter, meter box, and metersetter.

(17)

Tribal Plumbing Code. Tribal Plumbing Code shall refer to the technical specifications

contained in the Oregon State Plumbing Code, as amended, which is hereby incorporated

by reference into this Code. The Tribal Plumbing Code shall regulate and control the

design, construction, quality of materials, use and occupancy, location, and maintenance,

of all plumbing systems and plumbing fixtures, in all buildings or structures, and

including all pipeline downstream of the meter, connected to or to be connected to the

Mission Community Water System.

(18)

Tribal Standard Specifications. The latest technical specifications, approved by the

Water Department Manager and on file with the Water Department, which regulate and

control the design, construction, quality of materials, and location of pipelines,

pumphouses, storage tanks, backflow prevention devises, and all other appurtenances of

the Mission Community Water System.

(19)

Tribe. Tribe shall mean the Confederated Tribes of the Umatilla Indian Reservation and

the Board of Trustees of said Tribe.

(20)

Water Department. Water Department shall be defined as the Water/Sewer Department

of the Umatilla Indian Reservation which is the Tribal Agency designated by the Board

of Trustees to operate and maintain the Mission Community water and Sewer Systems

MISSION COMMUNITY WATER SYSTEM CODE

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STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended Through Board Resolution 97-59 (October 7, 1997)

and to review construction practices and materials for compliance with this Code, the

Tribal Plumbing Code, and the Tribal Standard Specifications.

(21)

Water System. Water System shall mean the Mission Community Water System.

SECTION 3. SOVEREIGN IMMUNITY.

Nothing in this Code shall be construed as an express or implied waiver of the Tribe's sovereign

immunity.

SECTION 4. SERVICE. AREA.

The area served by the Water Department shall be all that area included within Sections 9, 10,

11, 14, 15 and 16 of Township 2 North Range 33 E.W.M. of the Umatilla Indian Reservation and

within 250 feet of any water main operated by the Water Department. The service area shall also

include all property served by water mains operated by the Water Department without regard to

their distance from the water main.

SECTION 5.

DESCRIPTION OF SERVICE.

(1)

Ownership of System. The Mission Community Water System is solely owned by the

Tribe. The Board of Trustees has the authority to regulate the operation of this non-profit

water system. The Board of Trustees delegates the administration of this Code and the

operation of the water system to the Water Department. All water mains, valves, fittings,

hydrants and other appurtenances, except customer service 1ines, shall be the property of

the Tribe.

(2)

Supply. The Water Department shall exercise reasonable diligence and care to deliver a

continuous and sufficient supply- of water to the customer at a reasonable pressure and to

avoid so far as reasonably possible any shortage or interruption in delivery.

(3)

Quality. The Water Department shall exercise reasonable diligence to supply safe and

potable water at all times. The Water Department will operate the water system in

compliance with applicable regulations of the U.S. Environmental Protection agency.

(4)

Classes of Service. The classes of service shall be Residential, Small Commercial,

Commercial, Standby Fire and Contract.

(a)

Residential Services. Residential services shall consist of all services for

domestic purposes to dwellings where each dwelling unit is metered. All

residential services shall be provided through a meter no greater than 1" in size.

(b)

Small Commercial Service. Small commercial services shall consist of those

services where water is delivered through meters 1" or less and used for

commercial services, such as businesses.

(c)

Commercial Service. Commercial services shall consist of those services where

water is delivered through meters larger than 1" and used for commercial services,

such as businesses and for multi-family dwellings where each dwelling unit is not

metered.

(d)

Contract Service. Contract services shall Consist of those services for industrial

or private water systems purposes under contracts prepared by the manager and

authorized by the Board of Trustees. Contract Service shall conform with all

established water rate classes, rules, and regulations, possible. Exceptions to rules

will only be made upon evaluation that service will be equitable to all customers.

MISSION COMMUNITY WATER SYSTEM CODE

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STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended Through Board Resolution 97-59 (October 7, 1997)

(5)

Special Contracts. When the applicant's requirements for water are unusual or large,

such as an independent water district, or necessitate considerable special or reserve

equipment or capacity, the Water Department reserves the right to make special contracts,

the provisions of which are different from and may have some exceptions to the regularly

published water rates, rules and regulations. These special contracts shall be in writing,

signed by the applicant and approved by the Board of Trustees, the Tribal attorney, and

signed by the Chairman and secretary of the Board of Trustees.

(6)

Resale of water. Resale of water from the water system shall be permitted only under

special contract, in writing, between the Tribe and the persons, parties or corporation

selling the water.

SECTION 6. RESPONSIBILITY FOR SERVICE.

(1)

Limitations. All customers shall acknowledge that the Tribe is incapable of influencing

acts of God, controlling hidden and unsafe practices by other customers, and preventing

occurrences such as war, which may affect water service. The Tribe shall not be

responsible for personal injury or property damage caused by these conditions or events.

(2)

Point of Delivery. The Tribe shall not be liable for high or low-pressure connections,

chemical, bacteriological or physical conditions, interruptions, shortage or insufficient

supply or any loss or damage occasioned thereby. The use of water upon the premises of

the customer shall be at the risk of the customer and the responsibility of the Tribe shall

cease at the point of delivery of water. The point of delivery shall be at the customer's

side of the meter.

(3)

Service Preference. In case of shortage of supply, the Water Department reserves the

right to give preferences in the matter of furnishing service to customers and interests of

the Water Department from the standing of public convenience or necessity water use for

lawn sprinkling or irrigation may also be restricted as necessary to comply with

applicable well permits. Water service to users by special contract shall at all times be

subject to the prior and superior rights of the customers with the service area.

(4)

Private Water System. Private water systems shall be maintained by the legal entity

responsible for the private system. The Tribe shall not be responsible for maintenance or

repairs to private water systems. No water service shall be provided to private systems,

which are not protected by a suitable backflow prevention device, approved by the Water

Department manager, and properly maintained in Accordance with all applicable laws

and regulations.

(5)

Suspension of Delivery. The Water Department, whenever it shall find it necessary or

convenient for the purpose of making repairs or improvements to its system, and

temporarily suspend the delivery of water. Anything herein contained to the contrary

notwithstanding, the Tribe shall not be liable for less or damage caused from the

interruption in service arising from and cause.

SECTION 7. APPLICATION FOR SERVICE.

(1)

Application Form. An applicant shall request the provision of water service by

submitting an application form provided by the Water Department. All connections shall

be made by the Water Department only after the applicant has submitted and the Water

Department approved an application for service provided by the Water Department. Each

applicant for water service shall sign the application form provided by the Water

Department. In order for the Water Department to approve the application the applicant

shall state fully or provide:

(a)

The use for which the water is wanted.

MISSION COMMUNITY WATER SYSTEM CODE

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STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended Through Board Resolution 97-59 (October 7, 1997)

(b)

The name and address of the owner of the property.

(c)

The number of the lot and block or the legal description and the name of street

and building number of the property to be served.

(d)

The name and address of the applicant.

(e)

The full address to which bills are to be sent.

(f)

The class of service and meter size desired.

(g)

A report, prepared by a person certified by the Water Department as qualified to

evaluate plumbing codes, verifying compliance of the building or site to be served

with the Tribal Plumbing Code.

(h)

An executed Tribal easement form, approved by the later Department, listing the

Tribe as grantee when the customer service line extends over any land not a part

of the site served.

(i)

An executed right of way form, approved by the Water Department listing the

Tribe as grantee when the service connection line extends over any land not

already an existing right of way.

(j)

An executed permit form listing the Tribe as permitted and approved by the Water

Department, since the service connection line or customer service line extends

over a public right of way not granted to the Tribe, from the appropriate roadway

authority granted the public right of way.

(k)

Such additional information which the Water Department may require to

determine the type of service, meter size, or other information necessary for the

efficient operation of the system and to best serve the community.

(l)

The full service connection charge and applicable deposit.

In signing the application, the customer agrees to abide by the rules and regulations of the

Water Department. The application is merely a written request for service and does not

bind the Water Department to serve. If the application is approved the Water Department

will issue a permit for the construction of the service connection and the customer service

line. It shall be unlawful for any person, contractor, firm, or corporation, other than the

Water Department, to make any connections to the mains or pipelines of the Mission

Community Water System.

(2)

Deposits and Establishment of Credit. At the time application for service is made, the

applicant shall establish his credit with the Water Department.

(a)

Establishment of Credit. The credit of the applicant will be deemed established

when the applicant makes a cash deposit with the Water Department to secure the

payment of bills for service. The deposit shall be a sum equal to the estimated bill

for two months service but not less than the minimum deposit, for the class of

service needed, set in the latest Resolution Setting, water rates.

(b)

Deposits. At the time the deposit is given to the Water Department, the applicant

will be given a receipt for the same. The deposit is not to be considered as a

payment on account. In the event the service is discontinued, the deposit will be

applied to the closing bill and any amount in excess of the closing bill will be

refunded. The Water Department will not pay interest on any deposit.

MISSION COMMUNITY WATER SYSTEM CODE

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STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended Through Board Resolution 97-59 (October 7, 1997)

(c)

(3)

Forfeiture of Deposit. If an account becomes delinquent and it is necessary to

turn off the service, the deposit shall be applied to the unpaid balance due. Water

service will not be restored to that premises or that customer at different premises

until all outstanding bills due the Water Department have been paid and the cash

deposit replaced, together with an account reconnection service charge in the

amount specified by the latest Resolution Setting water Rates.

Application. Amendments. Customers desiring a material change in the size, character or

extent of equipment or operation which could result in a material change in the amount of

water used shall give the Water Department written notice of such change prior to the

change and the application for service shall be amended. Customers desiring a change in

the size, location or number of services shall fill out an amended application.

SECTION 8. MAIN EXTENSIONS.

(1)

Method of Extension. Extension to the water mains of the water system may be made by

the method below or by methods later determined to be acceptable by the Board of

Trustees.

(2)

Individual Request Method. A person may request a water main extension approved by

the Tribe. The person requesting, such extension shall pay the entire cost, which main

shall thereafter be conveyed or transferred to the Tribe with the necessary right of ways.

(3)

Design of Main Extension. All water main extensions shall be designed so the size,

grade, and location of such main shall provide for anticipated future development of the

property in the adjacent area and for the connections which such development may

generate. The design shall be prepared by a registered professional engineer and shall be

approved by the Water Department.

(4)

Rights-of-Way. Where the main passes through private property, an easement and rightof-way, of width acceptable to the Water Department and of at least twenty feet, shall be

granted to the Tribe for the maintenance, operation, and repairing of such main and for

all water line purposes necessary or reasonably incident to the uses and purposes thereof,

including any connections to the water system of the Tribe, but not limited thereto.

Easements and right-of-ways or permits secured for main extensions shall either be

obtained in the name of the Tribe, along with all rights and title to the main at the time

the service is provided to the customers paying for the extension.

(5)

Construction Standards. The construction of all water main extensions shall comply with

the Tribal Standard Specifications. The Water Department shall be given access to all

construction sites, and to perform all necessary tests to inspect compliance with these

specifications. Main extensions not meeting the Tribal Standard specifications shall not

be accepted.

SECTION 9. SERVICES.

(1)

Ownership, Installation and Maintenance. The Water Department shall install and

maintain all service connections and installation and maintenance shall only be

performed by authorized employees of the Water Department. The customer shall own,

install and maintain the customer service line. The customer shall also maintain the meter

box and surrounding area and shall insulate the box during the winter to keep the meter

from freezing. The customer shall be responsible for any repairs or damages to third

persons as a result of not maintaining the meter box and box area. The Tribe hereby

creates a right of action in third persons against any persons injured as a result of the

customer's failure to properly maintain the meter box and or appurtenant area.

MISSION COMMUNITY WATER SYSTEM CODE

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STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended Through Board Resolution 97-59 (October 7, 1997)

(2)

Service Connection Charge. At the time the applicant files for service where no service

previously existed, or if he is filing for a change in service size or location, he shall

submit with his application the service connection charge.

The service connection charge shall consist of service connection fee and a hook on fee.

The service connection fee is to cover the approximate actual cost to the Water

Department to furnish and plumb the service from the main to, and including the meter

the meter box. The hook on fee shall be a set percentage of the service connection fee and

shall contribute to the water system replacement fund. The service connection charge

including the hook on fee percentage shall be as determined in the latest Resolution

Setting Water Rates. The service connection charge is limited to provide the Water

Department Plumbing of the service connection and the set up of a water system account.

The charge does not include excavation, backfill, road cutting, or patching, boring,

backhoe services, roadway permits, easements, Tribal Plumbing Code report, or other

items which may be required for water system connection.

(3)

Customer Responsibility for Site Work. The Water Department is the only authorized

agent to make connections to the water main and to install water service line between the

main and the water meter. The customer or his/her Contractor shall perform all site work

necessary for the Department to lay the above pipe and make such connections. The

customer shall obtain all permits, verify utility locations, and shall be responsible for all

excavation, trenching, imported fill that may be necessary, backfilling, roadway cutting

and patching prior to, and all restoration required after, installation of water line

appurtenances. During construction the customer shall protect from damage all utilities.

Should any utility be damaged or disturbed the customer shall immediately notify the

owner of the damaged utility and repair the utility to the owner’s satisfaction. Any

damage to individuals or property as a result of site preparation shall be the responsibility

of the customer. All construction shall be performed to minimize inconvenience of the

public and proper precautions taken to protect the publics safety. The customer shall be

required to restore the site to the condition existing prior to construction. All work shall

conform with Tribal Standard Specifications and specifications of appropriate roadway

and safety authorities. The customer shall be responsible for the complete installation of

the customer service line including supplying materials and plumbing in accordance with

the Tribal Plumbing Code.

(4)

Backhoe Availability During Service Connection.

As part of the customer's

responsibility for site work, the customer shall have a backhoe and operator available on

site during water/Sewer Department work to assist with the Department’s installation.

(5)

Special Joint Waiver of Service Connection Charge and Customer's Responsibility for

Site Work. The Board of Trustees may grant a special waiver of service connection

charge and responsibility for site work related to the service connection line. The waiver

shall only be granted upon the execution of a Tribal project in excess of $1,000,000

which will improve the overall water system and can be funded to provide service

connections by the Tribe. The waiver shall extend to all applicants wishing to connect to

the water system only during the period of the project scheduled for such work. The

waiver may be limited to applicants in the area of the project. Applicants missing the

time period for the waiver shall not be granted any other allowance. The waiver shall be

granted by Board of Trustees Resolution as an incentive for connections by new

customers. Waivers of service connection charges shall not be granted for any other

reason.

(6)

Special Waiver of Customer's Responsibility for Site Work. The Board of Trustees may

grant a special waiver of the customer's responsibility for site work related to the service

connection line. This waiver shall only be granted upon coordination with road

improvements as agreed to by the appropriate roadway authority. The special waiver

shall only be granted when the road authority agrees to perform all site work related to

the installation of the service connections and the work will not result in cost to the Tribe.

MISSION COMMUNITY WATER SYSTEM CODE

PAGE 7

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended Through Board Resolution 97-59 (October 7, 1997)

The waiver shall be granted to all applicants wishing to connect to the water system

within the roadway work and during the period that the roadway authority agrees to

perform such work. Waivers of the customers responsible for site work shall not be

granted for any other reason.

(7)

Size of Service. The Water Department will furnish and install a service of such size and

at such locations as the applicant requests are reasonable and that the size requested is

one that is listed by the Water Department. The minimum size of service line shall be one

inch and the minimum meter size shall be three-fourths inch. The Water Department may

refuse to install a service line which is undersized or oversized as determined by a study

and report of the manager.

(8)

Changes in Service Size. Permanent changes in the size of the service connection line

requested by the customer shall be paid by the customer on the basis of actual cost to the

Water Department for making change plus the hook-up fee percentage of the actual cost.

(9)

Length of Service. Where the main is in a public right-of-way, the meter will be placed

at the right-of-way line nearest the property to be served for the standard connection fee

provided the length of service line does not exceed the width of the right-of-way.

Where the main is an easement or publicly owned property other than designated rightsof-way, the services shall be installed to the boundary of the easement or public property

by the Water Department, provided the length of service does not exceed fifty (50) feet.

If in either case cited above, the length of service line to the meter location exceeds the

maximum stated, the applicant shall pay the extra cost of the line on the basis of actual

cost to the Water Department for labor, materials and equipment plus the hook on fee

percentage.

(10)

Joint Service Connections. The Water Department may, at its option, serve two or more

premises with one service line connection pipeline. The inside diameter of such pipeline

shall be sufficient to provide a carrying capacity of not less than the combined capacity of

individual service lines of the same size as the meters installed. A reduction in the service

connection charge will not be allowed where a joint service connection is used.

(11)

Meter Installation. Every single family dwelling and each dwelling unit of a duplex

dwelling shall be served by individual meters unless the service qualifies as a private

Water system as specified by this Code and approved by the Manager. Multiple family

dwellings, motels, and hotels, under one ownership may each be served by one meter if

approved by the Manager. Private water systems shall be served by one tested meter.

(12)

Number of Service Connections on Premises. The owner of a single parcel of property

may apply for and receive as many services as he and his tenants may require, provided

his application or applications meet the requirements of this Code.

(13)

Standby Fire Protection Service Connections.

(a)

Purpose. Standby fire protection service connections of two inch to twelve inches

may be installed. A detector meter with an appropriate backflow prevention

device, approved by the manager, shall be installed by the customer on all fire

protection services to prevent backflow; and to insure that water for such service

is not used for any other purpose. All piping on the customer's premises shall be

installed in accordance with the Tribal plumbing code. Backflow prevention

devices shall be installed in accordance with the Tribal Standard Specifications.

(b)

Charges for Service. Charges for standby fire protection service will be stated in

the latest Resolution Setting water Rates. No charge will be made for water used

in the standby fire protection services to extinguish accidental fires or for routine

MISSION COMMUNITY WATER SYSTEM CODE

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STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended Through Board Resolution 97-59 (October 7, 1997)

testing of the fire protection system. The customers shall pay the full cost of the

standby protection service collection, and required cross connection protection

devices, and the detector water meter installed for the service to the standby

connection plus a hook-on percentage of the actual costs of Water Department

installed items.

(c)

Unauthorized Use of Water. If water is used from a standby pipe connection

service for purposes other than specified, the amount used shall be computed by

the Water Department based upon readings of the detector meter. The customer

shall pay for the water used at the commercial volumetric rates, including the base

charge for the size of the service connection line installed. The plumbing of the

fire standby system shall be immediately corrected or the Water Department may

cease service to the system.

(d)

Pressure and Supply. The Tribe shall not be liable for any loss or damage caused

by lack of water or pressure and agrees to furnish only such quantities and

pressures as are available in its general distribution system. The fire protection

water service is subject to shut down and variations as required by operation of

the water System.

(14)

Fire Service Connections Other Than Standby. A service having fire protection facilities

on the premises and water for other purposes flowing through the same service

connections shall be considered an ordinary service and metered as such. All water used

through that service regardless of use will be charged at the regular rates. The fire

service connection shall be protected from other premise plumbing by the installation of a

cross connection protection device approved by the manager.

(15)

Temporary Service Connections. For water service of a temporary nature, including fire

hydrant connections, applicants shall be required to pay in advance the estimated cost of

installation and removal of metering equipment and materials pus a reasonable

depreciation charge for the use of equipment and material furnished by the Water

Department. The applicant shall also pay his water bill in advance and based on an

estimate of the quantity to be used or he shall otherwise establish satisfactory credit.

(a)

Time Limit. Temporary service connections shall be disconnected and terminated

within six months after installation unless an extension of time is granted in

writing by the Water Department.

(b)

Charge for Water Served. Charges for water furnished through a temporary

service connection shall be based upon the class of service needed and at the

established rates set forth in the latest Resolution Setting Water Rates.

(c)

Installation Charge and Deposits. The applicant for temporary service will be

required:

(i)

To pay the Water Department in advance, the estimated cost of installing

and removing all facilities necessary to furnish each service, plus hook on

fee percentage. For fire hydrant connections the service connection fee

shall be as set in the latest Resolution Setting water Rates.

(ii)

To deposit an amount sufficient to cover bills for water during the entire

period such temporary service may be used, or to otherwise establish

credit approved by the Water Department. In no case shall this cash

deposit be less than the amount set in the latest Resolution Setting water

Rates for temporary service.

(iii)

To deposit with the utility an amount equal to the value of any equipment

loaned by the Water Department to such applicant.

MISSION COMMUNITY WATER SYSTEM CODE

PAGE 9

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended Through Board Resolution 97-59 (October 7, 1997)

(16)

(d)

Responsibility for Meters and Installation. The customer shall use all possible

care to prevent damage to the meter or to any other loaned facilities of the Water

Department. If the meter or other facilities are damaged, the cost of making

repairs shall be deducted from the deposit fund. If the loaned materials are

returned in satisfactory condition and all bills paid, the full amount of the

equipment deposit will be returned to the temporary customer at the termination

of service.

(e)

Backflow Prevention Device. Customers approved to use a fire hydrant as a

temporary connection are required to use a backflow prevention device as part of

the connection equipment supplied by the Water Department. The requirement of

a backflow prevention device at other temporary connections shall be at the

discretion of the Manager. The customer shall pay all costs for the use of any

backflow prevention device used including, all device testing.

(f)

Exclusive Use. Only the applicant designated on the application for service and

approved for temporary service, may use such service, and it shall be a violation

of this Code for any other person, firm, corporation, or other entity to use such

service, or for the applicant to allow such other use.

(g)

Fire Department Use. The Umatilla Tribal Fire Department and other assisting

Fire Departments shall be allowed to connect to fire hydrants and use water in

reasonable quantities for fire fighting and fire fighting practice without charge for

the connection or the water used. The Water Department may require all such fire

departments to report all use of water, time of connection, scheduled practices,

and other information necessary to efficiently operate the water system.

Customer's Plumbing.

Plumbing Code. The customer's plumbing which shall include the customer's service

line and all plumbing, piping fixtures and other appurtenances carrying or intended to

carry water, sewer, or drainage, shall comply with the Tribal Plumbing Code. The

Manager shall require a report indicating compliance with this code of any site connected

to the water system prior to providing permanent service to the site. The customer is

required to pay all costs associated with obtaining this report. The report must be

prepared by a person approved by the Water Department as being qualified to evaluate

the Tribal Plumbing Code.

SECTION 10. METERS.

(1)

Ownership. The Water Department will own and maintain all water meters. The Water

Department will not pay rent or any other charge for a meter or other water facilities

including housing and connection on a customer's premises.

(2)

Installation. Installation of water meters shall be performed only by authorized

employees of the Water Department. All meters shall be sealed by the Water Department

at the time of installation and no seal shall be altered or broken except by one of its

authorized employees.

(3)

The Size and Type of Meter. Applicant may request and receive any size meter regularly

stocked or furnished by the Water Department provided the request is reasonable and

further provided that the meter is not greatly oversized or undersized as determined by

the water Superintendent. The Water Department reserves the right to determine the type

of meter to be installed.

MISSION COMMUNITY WATER SYSTEM CODE

PAGE 10

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended Through Board Resolution 97-59 (October 7, 1997)

(4)

Location of Meters. Meters shall normally be placed at the curb or property lines at a

location approved by the Water Department. The meters will not be located in driveways

or other locations where damage to the meter or its related parts may occur.

(5)

Joint Use of Meters. The joining of several customers to take advantage of the single

minimum charges and large quantity rates shall be prohibited.

(6)

Changes in Size or Location. If for any reason a change in the size of a meter and service

is required the installation will be accomplished on the basis of a new connection and the

customer's application shall be amended. Meters or services moved for the convenience

of the customer will be relocated only at the customer's expense.

(7)

Customer Responsibility for Meters. Customers shall keep their premises adjacent to the

meter free from all rubbish or material of any kind, which would prevent employees of

the Tribe from having free access to the meters. The customer shall also protect the meter

against freezing by insulating the meter box during freezing weather. The customer shall

notify the Water Department immediately if a meter is frozen. The Water Department

will replace the frozen meter and the customer agrees to pay for the actual cost of such

replacement plus any water consumption charges estimated by the Water Department

during the time the meter is not functioning.

SECTION 11. WATER RATES.

The service connection charges, monthly water rates, and other charges shall be as specified in

the current Resolution Setting water Rates. Every service shall be charged a monthly base charge

(monthly minimum charge) and a volumetric charge based upon the amount of water used, for

the class of service provided. The monthly base or minimum charge shall be the sum of the meter

charge and a fire flow availability charge for the service. The charges shall be based upon the

following criteria for each class of service:

(1)

Meter Charge. This charge shall be based upon the size of the meter provided. The Water

Department shall calculate the meter charge based upon the cost for meter and service

connection operation, maintenance and replacement. The charge shall also account for

costs related to sizing the water system to provide customer peak demands, which is

related to the meter size.

(2)

Fire Flow Availability Charge. This charge shall be applied for each 500 gallons per

minute of fire flow needed based upon Water Department calculations of needed fire

flow as provided by the Fire Suppression Rating Schedule edition 6-80 of the Insurance

Services Office. This calculation shall be done on the largest building on the site served

with water. Fire flow requirements shall be 500 gallons per minute for residential and for

small commercial service connections regardless of the needed fire flow calculation. The

fire flow availability charge shall be assessed for each residence for private water systems

with only residential service (such as mobile hone parks). In the case that the building for

which the calculation is performed has a fire sprinkler system, the charge based upon

such calculation shall be reduced by 50%. This credit shall be given only during each

year that the customer has a certification of fire sprinkler test, from a licensed fire

sprinkler technician and certified by the Umatilla Tribal Fire Department, that the fire

sprinkler system is in working order. The fire flow availability charge shall be calculated

by the Water Department based upon the cost for operation and maintenance of fire

hydrants and for the cost of sizing the water system to provide fire flows.

(3)

Volumetric Charge. This charge shall be assessed upon the quantity of water consumed

per l00 cubic feet. The Water Department shall calculate volumetric charge based upon

the cost of water system operation and maintenance which are related to the quantity of

water delivered (commodity related costs) including pump electrical costs and treatment

chemicals.

MISSION COMMUNITY WATER SYSTEM CODE

PAGE 11

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended Through Board Resolution 97-59 (October 7, 1997)

SECTION 12. NOTICE.

(1)

Notices to Customers. Notices from the Water Department to the customer will normally

be given in writing and either mailed to or delivered to him at his last known address.

Where conditions warrant, and in emergencies, the Water Department may notify either

by telephone or messenger. Notices regarding water quality will be Provided in

accordance with applicable U.S. Environmental Protection Agency regulations.

(2)

Notices from Customers. Notices from customer to the Water Department may be given

by the customer or his authorized representative orally or in writing at the office of the

Water Department or to an agent of the Water Department duly authorized to receive

notices or complaints.

SECTION 13. BILLING AND PAYMENTS.

(1)

Meter Readings. Meters will be read and customers billed on the basis of the meter

reading to the nearest 100 cubic feet. The Public Works Department will keep an

accurate account on file of all readings of meters and such kept account shall be offered

at all times, places and courts as prima facie evidence of the use of water service by the

customer.

(2)

Rendering of Bills.

(a)

Billing Period. All meters shall be read at the end of the month and billing

information shall be delivered to Accounting by the closing of the 2nd working

day of the following month. Accounting shall send billing statements to the

customers no later than the 10th day of the following month.

(b)

Bills for Other Than Normal Billing Period. Opening or closing bills or bills that

for any other reason cover a period containing 10 percent more days or 10 percent

less days than in the normal billing period shall be prorated.

(3)

Disputed Bills. When a customer disputes the correctness of a bill, they shall deposit the

amount of the disputed bill at the time the complaint is lodged to preclude discontinuance

of service pending final settlement of the bill or bills. Subsequent bills shall be paid or

placed on deposit in a similar manner. Failure of the customer to make such a deposit

shall warrant discontinuance of service as provided under subsection (6) of this section.

(4)

Failure To Read Meters. In the event that it shall be impossible or impractical to read a

meter on the regular reading date, the water consumption shall be prorated on the basis of

thirty (30) days per month and the total water consumption for billing purposes for that

period shall be estimated.

(5)

Payment of Bills. Each bill rendered shall contain a statement that payment is due by the

25th of the month. If the bill is not paid prior to the closing of the working day, the

account shall be considered delinquent, unless other arrangements, in writing, have been

made with Public Works and Accounting that specify another due date. If the 25th of the

month falls on a weekend or holiday, then payment must be received at the closing of the

working day prior to the 25th of the month.

(6) Delinquent Accounts.

(a)

Second Billing. If payment has not been received by Accounting prior to or on

the 25th day of the month, a second billing (delinquent notice) will be sent by

Accounting to each delinquent account within two (2) working days after the

account becomes delinquent. Each delinquent notice shall contain a statement

that payment is due by the 5th of the following month or service will be

MISSION COMMUNITY WATER SYSTEM CODE

PAGE 12

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended Through Board Resolution 97-59 (October 7, 1997)

discontinued. If the 5th of the month falls on a weekend or holiday, then payment

must be received at the closing of the working day prior to the 5th of the month.

(7)

(b)

Reminder Notice. If payment has not been received two (2) days prior to when

the second billing payment is due, Accounting will notify Public Works. An

agent of Public Works will deliver a written reminder notice to the customer's

door the morning prior to the day that the second billing payment is due. This

notice will state: their account is delinquent; payment is due to Accounting prior

to or on the closing of the 5th day of the month; if payment is not received their

service will be discontinued; and a service reconnection charge will also be

rendered. A delivery of the reminder notice to the premise served by the meter

shall be considered a delivery of notice to the customer.

(c)

Shut-Off Notice. If payment has not been received by Accounting for the second

billing prior to or on the 5th day of the month, an agent of Public Works shall

deliver a written shut-off notice to the customer stating that water service is being

turned off until Accounting has received payment for all delinquent amounts and

the service reconnection charge. The agent of Public Works shall immediately

thereafter shut-off the service. A delivery of the service shut-off notice to the

premise served by the meter shall be considered a delivery of notice to the

customer.

(d)

Service Reconnection Charge. In all instances where water has been shut-off

because of delinquent accounts, a service reconnection charge shall be made for

the restoration of service. The service reconnection charge shall be the amount

set in the latest resolution setting water rates. Once payment of delinquent

accounts and the service reconnection charge have been received by Accounting,

Public Works will be notified and service will be renewed.

Installment Payments of Delinquent Accounts. In cases of extreme hardship, Accounting

and Public Works shall have the discretion of renewing service to a delinquent account

upon receipt of a satisfactory installment plan for the payment of the overdue amount.

The installment period is not to exceed the period of time the account was delinquent.

SECTI0N 14. METER ERROR.

(1)

Meter Accuracy. Meters will be tested prior to installation. No meter will be placed in

service or allowed to remain in service which is known to have an error in registration in

excess of 2 percent under conditions of normal operation.

(2)

Meter Test.

(a)

Standard Test. Meter tests will be conducted in accordance with standards of

practice established by the American water works Association.

(b)

On Customer Request. A customer may, giving not less than seven days' notice,

request the Water Department to test the meter servicing his premises. The Water

Department will require the customer to deposit the testing fee. This fee shall be

as specified in the Resolution Setting Water Rates for meters 1-inch and smaller

and for meters larger than 1 inch shall be an estimate of the cost of testing the

meter as determined by the Manager. The deposit will be returned to the customer

if the test reveals the meter to over register more than 2 percent. If the test

determines that the meter to over register more than 2 percent under standard test

conditions the deposit shall be retained by the Water Department. Customers may

at their option witness any meter tests which they request.

(c)

On Water Department Request. If upon comparison of past water usage it appears

that a meter is not registering properly the Water Department may at its option

MISSION COMMUNITY WATER SYSTEM CODE

PAGE 13

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended Through Board Resolution 97-59 (October 7, 1997)

test the meter and adjust the charges accordingly if the meter either over registers

or under registers. No charge for meter test under these conditions.

(3)

Adjustments Of Bill For Meter Error.

(a)

Credits and Debits for Meter Error. No credits or debits will be borne by the

Tribe or the customer should the tested meter show variance high or low from the

accuracy defined in Section 1A, subsection (1).

(b)

Nonregistering Meters. The Water Department will bill the customer for water

consumed while the meter was not registering. The bill will be computed upon an

estimate of consumption based either upon the customer's prior use during the

same season of the year or upon a reasonable comparison with the use of other

customer's receiving the same class of service during the same season and under

similar circumstances and conditions.

SECTION 15. CROSS CONNECTIONS.

(1)

Requirement for Backflow Prevention Device. Where the Water Department has

reasonable cause to believe that an existing or potential cross connection is located on a

customer's premises, or where the Water Department is prevented from inspecting such

plumbing, the Water Department shall deny or discontinue service for noncompliance

with this Code until an appropriate backflow prevention device assembly is installed or

until the cause of the hazard is eliminated.

(2)

Customer Notification of Water Treatment. All customers shall provide written notice to

the Water Department whenever they treat the water in any way or add any chemical or

substance to it or when they have access to any other water system.

(3)

Criteria for Installation of Backflow Prevention Device. The Water Department shall

require the customer to install a backflow prevention device on the service connection to

the premises where an approved air gap does not exist and the Manager determines that

any one of the following conditions exist:

(4)

(a)

There is an auxiliary water supply which is, or can be, connected to the water

system.

(b)

There is piping for conveying liquids other than potable water, and where that

piping is under pressure and is installed and operated in a manner which could

cause a cross connection.

(c)

There is intricate plumbing which makes it impractical to ascertain whether or not

cross connections exist.

(d)

There is backsiphonage potential.

(e)

Cross connections or potential cross connections exist.

(f

At all private water systems.

Type of Backflow Prevention Device Required. The type of backflow prevention device

required shall be commensurate with the degree of hazard which exists.

(a)

An approved air gap of at least twice the inside diameter, but not less than one

inch, of the incoming supply line measured vertically above the top rim of the

vessel, or a reduced pressure backflow device assembly shall be installed where

the substance which could backflow is hazardous to health, such as but not limited

to sewage treatment plants, sewage pumping stations, chemical manufacturing

MISSION COMMUNITY WATER SYSTEM CODE

PAGE 14

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended Through Board Resolution 97-59 (October 7, 1997)

plants, plating plants, hospitals and medical clinics, mortuaries, car washes, and

other facilities as identified by the Manager.

(b)

A double check valve assembly shall be installed where the substance which

could backflow is objectionable but does not pose an unreasonable risk to health,

as determined by the Manager. A double check valve assembly shall be the

minimum protection for fire sprinkler systems using piping material that is not

approved for potable water use and/or which does not provide for periodic flow

through during each 24-hour period.

(c)

A pressure vacuum breaker or an atmospheric vacuum breaker shall be installed

where the Manager determines the substance which could backflow is

objectionable but does not pose an unreasonable risk to health and where there is

no possibility of back pressure in the downstream piping. A shut off valve may be

installed on the line downstream of a pressure vacuum breaker but shall not be

installed downstream of an atmospheric vacuum breaker.

(5)

Lawn, Garden, Fire Sprinkling Systems. Customer lines leading to any lawn, garden, or

fire sprinkling system, using water supply from the water system, shall contain an

approved backflow prevention device to prevent back siphonage of water through or from

the sprinkling system in the event of interruption of service. Such devices shall be

installed, inspected, and tested in accordance with this Section. No lawn, garden, or fire

sprinkling system shall be installed without notifying the Tribe at least 30 days prior to

installation.

(6)

Protection Against Interconnected Flow. When a customer is served by more than one

meter connection or by a water source other than the water system, and the connections

are interconnected on the customer's premises, a backflow prevention device, approved

by the Manager, shall be installed and maintained by the customer in each of the

customer's lines leading from the Tribes service connection lines.

(7)

Backflow Protection Devices Specifications. All device assemblies installed after the

effective date of these rules shall be listed on the Water Department list of approved

devices and all installations shall meet the standards of the Tribal Standard

Specifications.

(8)

Testing of Backflow Protection Devices. The customer or the owner of the premises

where one or more reduced pressure device assembled double check valve assembly or

pressure vacuum breaker have been installed shall have the device tested at least once per

year. Devices installed at facilities which pose an extreme health risk and devices which

repeatedly fail shall be tested on a more frequent basis as determined by the Manager.

Devices shall be tested immediately after installation and after they are moved. All tests

shall be conducted by a certified tester listed by the Water Department. The tester shall

provide a written report of the test to the owner or customer and to the Water

Department. Owners of devices not reporting within the testing period established for

their device will be notified by the Water Department that their report is overdue.

Without further notice the Water Department may disconnect service for noncompliance

with this Code after the first 5 days the report is overdue. The customer shall be

responsible for all liabilities resulting if a device is not properly tested or malfunctions.

(9)

Inspection of Premises. Water Department employees shall have the right to enter upon

and inspect any water plumbing system receiving water from the water system. The

purpose of such inspections shall be to identify any cross protection or other existing or

potential contamination hazards.

SECTION 16. DISCONTINUATION OF SERVICE.

MISSION COMMUNITY WATER SYSTEM CODE

PAGE 15

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended Through Board Resolution 97-59 (October 7, 1997)

(1)

On Customer Request. Each customer about to vacate a premises supplied with water

service by the Water Department shall give the Water Department written notice of his

intentions at least two days prior thereto specifying the date service is to be discontinued;

otherwise, he will be responsible for all water supplied to such premises until the Water

Department shall receive notice of such removal.

At the time specified by the customer that he expects to vacate the premises where

service is supplied or that he desires to be discontinued the meter will be read and a bill

rendered which is payable immediately. In no case will the bill be less than the monthly

minimum base charge specified in the schedule applying to the class or classes of service

furnished.

(2)

Nonpayment of Bills. A customer's water service may be discontinued if the water bill is

not paid in accordance with the procedures listed in Section 13, subsection (6) of these

rules and regulations.

(3)

Nonpayment of Service Charges. If said sewer service charges are not paid when due by

any such person firm or corporation whose premises are served or who are subject to the

charges herein provided, water service provided to that customer by the Water

Department may be discontinued because of the default in the payment of the sewer

service charges. As an additional alternative method if such rates and charges are not

paid when due by any such person, firm or corporation, the amounts so unpaid may be

certified by the Tribal accounting Department to the County assessor of Umatilla County,

Oregon and shall be by him assessed against the premises served as provided by law and

shall be collected and paid over to the Tribe in the same manner as other taxes are

assessed, collected and paid over with interest. Interest on unpaid bills shall run from the

due date thereof at the rate of eighteen percent (18%) per annum. Such may also be

recovered in an action at law in the name of the Tribe with interest as aforesaid.

(4)

Improper Customer Facilities.

(a)

Unsafe Facilities. The Water Department may refuse to furnish water and may

discontinue services to any premises without prior notice where plumbing

facilities, appliances or equipment using water are dangerous, may result in a

cross connection, or is unsafe or not in conformity with the Tribal Plumbing

Code.

(5)

Water Waste. Where water is wastefully or negligently used on a customer's premises

seriously affecting the general service the Water Department may discontinue service if

such conditions are not corrected after due notice by the Water Department.

(6)

Service Detrimental to Others. The Water Department may refuse to furnish water and

may discontinue service to any premises where excessive demands by one customer will

result in inadequate service to others.

(7)

Fraud or Abuse. The Water Department will refuse or discontinue service to any

premises where it is deemed necessary to protect the Water Department from fraud or

abuse. Discontinuance of service from one or both of these causes will be made

immediately upon receipt of knowledge by the Water Department that the condition or

conditions exist.

(8)

Unauthorized Turn-on. Where water service has been discontinued for any reason and

the water is turned on by the customer or other unauthorized person the water may then

be shut off at the main and the meter removed. The unauthorized turn-on shall constitute

a violation of this Code and the offender charged the pena1ty specified for violation of

this Code.

MISSION COMMUNITY WATER SYSTEM CODE

PAGE 16

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended Through Board Resolution 97-59 (October 7, 1997)

(9)

Noncompliance with Regulations. The Water Department may upon five days notice

discontinue service to a customer's premises for failure to comply with any of the

provisions of these regulations.

SECTION 17. RESTORATION OF SERVICE.

Restoration of service after discontinuance for nonpayment of bills shall be made after payment

of current and past due charges plus the account reconnection service charge and posting a

deposit as herein before provided.

Restoration of service after discontinuance of service for unsafe facilities, water waste, fraud,

abuse or for noncompliance with any of the policies, rules and regulations will only be made

after the irregularity has been corrected and the Water Department has been assured that the

irregularity will not reoccur. The account reconnection service charge will be assessed and the

cash deposit restored before the service will be reconnected.

SECTION 18. UNUSUAL DEMANDS.

When an abnormally large quantity of water is desired for filling a swimming pool, log pond or

for other purposes, arrangements must be made with the utility prior to taking such water.

Permission to take water in unusual quantities will be given only if the Water Department

facilities and other consumers are not inconvenienced.

SECTION 19. ACCESS TO PROPERTY.

All duly appointed employees of the Water Department under the direction of the Manager shall

have free access at all reasonable hours of the day to any and all parts of structures and premises

in which water is or may be delivered for the purposes of inspecting connections, the conditions

of conduits and fixtures and the manner and extent in which the water is being used. The Water

Department does not, however, assume the duty of inspecting the customer's line, plumbing and

equipment and shall not be responsible therefor. Customers not allowing such access shall be

disconnected from the system. Customers desiring reconnection after such disconnection shall

allow access, must pay the account reconnection service charge, and must reestablish all

necessary deposits before being reconnected.

SECTION 20. RESPONSIBILITY FOR EQUIPMENT.

(1)

Responsibility for Customer Equipment. The Water Department shall not be liable for

any loss or damage of any nature whatsoever caused by any defect in the customer's line,

plumbing or equipment nor shall the Water Department be liable for loss or damage due

to interruption of service or temporary changes in pressure. The customer shall be

responsible for valves on his premises being turned off when the water service is turned

on.

(2)

Responsibilities for Water Department equipment. Water Department equipment on the

customer's premises remains the property of the Department employees at any time

without consent of the customer. No payment will be made to the property owner for the

right to install, maintain, replace or remove Water Department equipment on his

premises. The property owner must keep vicious dogs or other animals secured or

confined to avoid interference with the utility operation and maintenance.

(3)

Damage to Water Department Equipment. The customer shall be liable for any damage

to a meter or other equipment or property owned by the Water Department which is

caused by an act of the customer, his tenants, agents employees, contractors, licensees or

permittee. Damage to equipment shall include but not be limited to breaking of seals and

locks, tempering with meters, injury to meters including but not limited to damages by

MISSION COMMUNITY WATER SYSTEM CODE

PAGE 17

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended Through Board Resolution 97-59 (October 7, 1997)

freezing, hot water or steam, and damaged meter boxes, curb stops, meter stops and other

appurtenances.

SECTION 21. FIRE HYDRANTS.

(1)

Operation. No person or persons other than those designated and authorized by the

Water Department shall open any fire hydrant belonging to the Water Department,

attempt to drain water from it or in any manner damage or tamper with it. Any violation

of this regulation will be prosecuted according to law. No tool other than special hydrant

wrenches shall be used to operate a hydrant valve. In cases where a temporary service has

been granted and received water through a fire hydrant an auxiliary external valve will be

provided to control the flow of water.

(2)

Moving a Fire Hydrant. When a fire hydrant has been installed in the locations specified

by the proper authority the Water Department has fulfilled its obligation. If a property

owner or other party desires to change the size, type or location of the hydrant, he shall

bear all costs of such changes. Any changes in the location of fire hydrant must be

approved by the Water Department and the Umatilla Tribal Fire Department.

SECTION 22.

EASEMENTS.

Each applicant and user gives and grants to the Tribe permission to cross any land occupied by

the applicant to install, repair, maintain, and operate all pipelines and appurtenances connected to

the water system and for emergency repair of any portion of the water system. Each applicant

agrees that the Water Department may inspect any portion of the water system and shall also

have permission to excavate, and repair any customer service line which is not properly

maintained to protect the safety of other customers of the water system. The applicant agrees to

be responsible for the cost of such repairs to the customer service line.

Where the applicant's customer service line crosses land not occupied by the applicant, the

applicant shall furnish an executed Easement, via a form approved by the Water Department,

which grants a perpetual easement for utility purposes across such land. The Tribe may assign

other utilities permission to use such easement to serve the subject property. The Tribe may also

require the easement to be granted for driveway access by the Tribe and it assigns.

SECTION 23. MISCELLANEOUS VIOLATIONS.

It shall be unlawful for any person, firm or corporation, not authorized by the Tribe to do,

commit or assist with committing any of the following things or acts on the Mission Community

Water System or within the Mission Community on the Umatilla Indian Reservation.

(1)

To open or close any fire hydrant or stopcock connected with the water system of the

Tribe, or lift or remove the cover of any gate, valve or shut-offs thereof.

(2)

To interfere with, destroy, deface, impair, injure or wantonly force open any gate, or door,

or in any way whatsoever destroy, injure or deface any part of any engine or pump house,

reservoir, standpipe, tank, building or buildings, or appurtenances, fences, trees, shrubs,

or fixtures or property appertaining to the water system.

(3)

To go up or ascend the stairway or steps on any elevated water storage tank, reservoir, or

standpipe of the water system.

(4)

To place any telegraph, telephone, electric light pole or any obstruction whatsoever within

three feet of any fire hydrant.

(5)

To resort to any fraudulent device or arrangement for the purpose of procuring water for

himself or others from private connections on premises contrary to this Code, or other

Tribal codes, regulations or codes.

MISSION COMMUNITY WATER SYSTEM CODE

PAGE 18

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended Through Board Resolution 97-59 (October 7, 1997)

(6)

To interfere with or injure any reservoir, tank, fountain, hydrant, pipe, cock, valve, or other

apparatus pertaining to the water system, or to turn on or off the water in any street

hydrant or other public water fixture or to hitch or tie any animal hereto.

(7)

To make or permit to be made any connection with the main or service pipe of the water

system, or to turn on or use the water of said system without first obtaining a permit

therefor.

(8)

To cover over or conceal from view any water valve box, service meter, or valve meter.

(9)

To remove any water meter that has been placed by the Tribe, or to in any manner change,

interfere with or tamper with any water meter.

(10)

To turn on the water supply to any building or to any supply pipe where the supply has

been turned off for the nonpayment of the monthly water charge or for the violation of

any rule, regulation, code, or code of the Tribe.

SECTION 24. CIVIL PENALTIES.

Any person violating any of the provisions of these rules and regulations shall upon judgment

thereof, be fined by an amount not exceeding One thousand and No/100 ($1,000) Dollars and

shall also be liable for any, actual damages caused to the water system, the Water Department, or

any of its property. Every day the violation continues or is permitted to continue, in violation of

this Code, shall be considered a separate offense. Violations under this Section shall be tried in

the Tribal Court of the Umatilla Indian Reservation as a civil case. In any action authorized by

this Section, if the Tribe prevails, the Tribe shall recover reasonable attorney's fees set by the

Court in addition to all other costs and disbursements. These fees shall be recoverable at all

levels of trial and appeal.

SECTION 25. SUSPENSION OF RULES.

No employee of the Water Department is authorized to suspend or alter any of the polices, rules

or regulations in this Code without specific approval or direction of the Board of Trustees except

in cases of emergency involving loss of life or property or which could place the water system

operation in jeopardy.

SECTION 26. PRIOR CODES.

The provisions of any prior code, regulation, or code of the Tribe that may be in conflict with

any of the rules, regulations herein contained, are hereby superseded to the extent that they are in

conflict.

SECTION 27. SAVING CLAUSE.

If any clause, sentence, paragraph, section or portion of this Code for any reason shall be

adjudged invalid by a court of competent jurisdiction such judgement shall not affect, impair or

invalidate the remainder of this Code but shall be confined in its operation to the clause,

sentence, paragraph, section or portion of this Code directly involved in the controversy in which

the judgement is rendered.

SECTION 28. CODE APPROVAL.

It is hereby adjudged and decreed that existing conditions are such that this Code is necessary for

the immediate preservation of the public peace, health and safety of the Mission Community of

the Umatilla Reservation and an emergency is hereby declared to exist and this Code shall take

effect and be in full force and effect from and after its passage on this 15th day of April, 1992.

MISSION COMMUNITY WATER SYSTEM CODE

PAGE 19

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended Through Board Resolution 97-59 (October 7, 1997)

APPENDIX A

LEGISLATIVE HISTORY AND EDITORIAL CHANGES

MISSION COMMUNITY WATER SYSTEM CODE

APPENDIX A

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended Through Board Resolution 97-59 (October 7, 1997)

MISSION COMMUNITY WATER SYSTEM CODE

LEGISLATIVE HISTORY AND EDITORIAL CHANGES

The Board of Trustees of the Confederated Tribes of the Umatilla Indian Reservation enacted the

Mission Community Water System Ordinance in Resolution 92-25 (April 15, 1992). It has been

amended once.

The water rates and related fees charged for the Mission Community Water System are not

contained within the ordinance. Rather they have been enacted and amended by separate Board

of Trustees resolutions. The Rates and Fees were initially enacted by Resolution 92-26 (April

15, 1992). The Rates and Fees have been amended three times, by the following resolutions:

Resolution 96-106 (December 18, 1996), Resolution 97-06 (February 5, 1997), and Resolution

97-59 (October 7, 1997).

As of June 1999, a new code is being developed which would repeal and replace the Mission

Community Water System Ordinance. The working title of this proposed code is the “Water and

Sewer Code.” Under current plans, this new code may be enacted by the Board of Trustees as

early as the fall of 1999. Any changes that take place will be reflected in the next edition of

Statutes of the Confederated Tribes of the Umatilla Indian Reservation.

Following enactment of the Mission Community Water System Ordinance, its provisions have

been amended as follows:

Section

Change

Resolution

Resolution Date

Chapter 13, Section 1

Amended

Resolution 97-06

February 5, 1997

Chapter 13, Section 2(a)

Amended

“

“

Chapter 13, Section 2(c)

Deleted

“

“

Chapter 13, Section 5

Amended

“

“

Chapter 13, Section 6(a)-(d) Amended

“

“

During preparation of this compilation, the following editorial changes were made to this code:

1.

The title was changed from “Mission Community Water System Ordinance” to “Mission

Community Water System Code.”

2.

The portion of the code’s preamble that quotes the Board of Trustees Mission Statement

and Goals was deleted.

MISSION COMMUNITY WATER SYSTEM CODE

APPENDIX A