Water User Agreement

Sunday Creek Valley Water District

Athens County, Ohio

WATER USERS AGREEMENT

THIS AGREEMENT, between the Sunday Creek Valley Water District (created pursuant to Chapter 6119, Revised Code of Ohio), herein “Sunday Creek” and ________________________, herein “User.”

WITNESSETH:

WHEREAS, User desires to purchase water from Sunday Creek and to enter into a water user’s agreement as required by the Bylaws of Sunday Creek.

NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements herein contained, it is hereby understood and agreed as follows:

Sunday Creek shall furnish, subject to limitations set out in its Rules and Regulations and Bylaws and those conditions hereinafter provided for, such quantity of water as Users may desire in connection with his occupancy of the following property:

Deed reference:  Volume __________, Page __________, Deeds Records of Athens County.

Users hereby agrees to give Sunday Creek, its successors or assigns, a perpetual easement (Form FHA 442-20) in, over, under, and upon the above described land, with the rights to erect, construct, and lay, and thereafter use, operate and inspect, repair, maintain, replace and remove water pipelines and appurtenant facilities, together with the right to ingress and egress over adjacent land for the purpose mentioned above.

Sunday Creek shall install a cutoff valve and meter to serve User’s property, at the point it deems most appropriate to the efficient operations of its system.  Sunday Creek shall have the exclusive title to and ownership of said valve and meter, and User shall have no ownership or possessory interest therein.  User shall at all times avoid tampering or otherwise interfering with said valve and water.

User shall install and maintain at his own expense a service line, which shall begin at the meter and extend to the dwelling or place of use.  User shall be solely responsible for the maintenance and upkeep of his service line and for all the water loss resulting from defects therein and damage thereto.

User shall connect his service line to Sunday Creek’s distribution system and commence to use water there from the date that water is made available to User by Sunday Creek.  Water charges to User shall commence on that date.

User agrees to pay for water at such rates, time, and place as shall be determined by Sunday Creek and agrees to the penalties for noncompliance set forth in Sunday Creek’s Rules and Regulations.

Sunday Creek shall determine the allocation of water to User’s in the event of a water shortage and may shut off water to a User who allows a connection or extension to be made to his service line for the purpose of supplying water to another person.  In the event the total water supply shall be insufficient to meet all of the needs of the Users, or in the event there is a shortage of water, Sunday Creek may prorate the water available among the various Users on such basis as it deems equitable, and may also prescribe a schedule of hours covering use of water for garden purposes by particular Users and require adherence thereto, or prohibit the use of water for garden purposes; provided that, if at any time the total water supply shall be insufficient to meet all the needs of the Users, Sunday Creek must first satisfy all of the needs of the Users for domestic purposes before supplying any water for livestock purposes and must satisfy all the needs of all Users for both domestic and livestock purposes before supplying any water for garden purposes.

Users agrees to comply with the requirements of the Ohio State Board of Health that no other present or future source of water will be connected to any waterlines served by Sunday Creek’s waterlines and will be disconnected from his present water supply prior to connecting to and switching to Sunday Creek’s system.  If User chooses to maintain his existing water system for any purpose, it must be via waterlines that are completely separate from and independent of Sunday Creek’s waterlines, so that there is no opportunity for water from the two (2) system to mix together. 

This water users agreement authorizes service to one dwelling.  Additional connection to another dwelling from one meter shall constitute a breech of this contract and may result in immediate termination of service.

The failure of User to pay water charges duly imposed shall result in the automatic imposition of the following penalties: (1) Nonpayment within ten (10) days from the billing date will result in a penalty of 20% (percent) of the delinquent account: (2) nonpayment within fifteen (15) days from billing date will result in the termination of water service to Users property.  In the event; it becomes necessary for Sunday Creek to terminate water service to User’s property, a fee of Fifty Dollars (50) will be charged for recommendation and resumption of water service.

Sunday Creek shall have the authority, in addition to all rights and remedies, to terminate this agreement and, in such event, User shall not be entitled to receive, nor Sunday Creek obligated to supply any water hereunder.  If User thereafter pays all water charges in arrears, all penalties charged against him and the re-installation fee provided in Sunday Creek’s Rules and Regulation, he shall then be entitled to a resumption of water service, subject to all regulations of Sunday Creek.

User’s rights hereunder are not transferable to any other person or property without written consent by Sunday Creek.

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