2017 Rules and Regulations

RULES AND REGULATIONS
OF
BIG MESA
MUTUAL DOMESTIC WATER CONSUMERS ASSOCIATION

P.O.Box 40
Conchas Dam, NM 88416
(575) 868-4550

PUBLISHED May 21, 2017


TABLE OF CONTENTS

1 - DEFINITIONS

2 - CHARACTER OF SERVICE

3 - APPLICATION FOR SERVICE

4 - FEES AND CHARGES

5 - RENDERING AND PAYMENT OF BILLS

6 - METERS

7 - ADJUSTMENT FOR METER ERROR

8 - SERVICE CONNECTION

9 - TEMPORARY SERVICE AND SPECIAL SERVICE

10 - INTERRUPTION OF SERVICE

11 - DISCONTINUANCE AND RESTORATION OF SERVICE

12 - RESPONSIBILITY FOR WATER EQUIPMENT

13 - LIMITATION OF USE

14 - COMPANY’S RIGHT TO INGRESS AND EGRESS FROM CUSTOMER’S PROPERTY

15 - FIRE HYDRANTS

16 - GENERAL RULES WITH RESPECT TO LARGE USERS OF WATER

17 - LINE EXTENSION POLICY

1 - DEFINITIONS


Company – Big Mesa Mutual Domestic Water Consumers Association (MDWCA)

Customer – Any person, firm, association, corporation, or any agency of the federal, state, or local government, being supplied with, or responsible for payment of water service by company

Service – The general form for furnishing the customer with water, also, the pipe connection from a distribution water main to a customer’s water meter

Pressure regulation device – A device that maintains a constant pressure in water lines, less than the inlet pressure to the device, regardless of the rate of water flow in the line

Cross connection – Any physical connection or arrangement between two otherwise separate piping systems, one of which contains water of unknown or questionable safety, whereby water may flow from one system to the other, the direction of flow depending on the pressure differential between the two systems

Clarity and member understanding location

Account – BIG MESA MDWCA water accounts remain with the property. Property owners must acquire and maintain a separate Big Mesa Association membership to receive water service.

Transfer Station – Solid Waste disposal collection site

2 - CHARACTER OF SERVICE

Water service for domestic, commercial, industrial, sanitary and other purpose with the lands of New Mexico, in San Miguel County, T13, R25E and T13N, R26E will be furnished under conditions as stated in these rules and regulations as the applicable provisions of the company’s rate schedule.

A (1) Scope of service

BIG MESA MDWCA has limited water rights as well as funds available to expand existing water service distribution for all future requests for water service. Therefore the Association Board must review and approve (in advance) any water service request for any property, member, or user for service at a property which is not a platted building lot in Big Mesa, Hooverville, Mesa Rica, Cabin Site or other area already in service and which does not have an existing water service/property account already in the log with the Association.

(2) Residential Service


Under the residential rate, water service will be furnished to the owner of an apartment, or single family house which is converted or constructed to include separate living quarters for more than one family provided that the customer installs separate piping or plumbing for each dwelling unit so that service to each separate living quarters can be metered. Each separate service or meter location will be billed and metered separately.


(3) Where a location is used both as a residence and a commercial establishment, all service supplied will be billed under the applicable commercial schedule unless customer, at his option, provides separate piping (subject to company inspection and also such state and local inspection that may be required) so that each class of service can be metered and billed separately in accordance with the applicable schedules.

(4) Each separate service or meter location will be billed and metered separately.

B (1) Commercial service shall include, but not be limited to service to churches, schools, motels, hotels, apartments, multiple housing units, trailer courts, and parks, restaurant, clubs, service station and all other establishments that are not otherwise classified in specific rate schedules. Any establishment carrying on a business, professional or commercial enterprise, acknowledged or advertised as such, will be considered as commercial, but the absence of such advertising shall not be considered as conclusively establishing that the service is not commercial.

(2) when commercial water service is supplied through more than one service on customer’s premises, separate billing will be made for each meter, except a group of buildings under single management and control, and provided that each building or service requirements are an integral part of and necessary to the operation of the building group.


3 - APPLICATION FOR SERVICE

A. Each applicant for water service shall be required to sign:

1. An application for service and pay a $100.00 membership fee plus tax. A certificate of membership will be issued to the applicant.

2. Such special written contract as shall be required to cover the particular water service desired.

B. Customer may at the time of original application for service or re-application for service, be required to furnish credit references or other evidence of their credit standing.

C. Customer will furnish full information on any special water service required in advance of the requirement date to enable company to provide water service.

D. After proper application and information have been received by company after any necessary permits from the county, state, federal boundaries or other having jurisdiction have been obtained, a reasonable time will be allowed company to install the facilities required to provide water service.

E. The conditions of piping and character of installation on the premises shall be subject to inspection by company and approved by the appropriate government agency, and if any piping and installation is found to be faulty, company may refuse to provide service. Company does not, however, assume responsibility for making such inspections and shall not be held liable for failure of piping or installation, whether or not inspected.

F. All installations shall comply with the plumbing code of the State of New Mexico and any other applicable code.

G. All Association members/property account holders must install their own separate cut off valve between the Association’s meter and the home/building of water service use, at the total and sole expense of the member. (This will help prevent frozen/broken water pipes in the winter).

4 - FEES AND CHARGES


The rates to be charged by and paid to company for water service will be the rates legally in effect. Company schedules of all rates legally in effect will be kept at company’s local office where they will be kept available for public inspection.

Large usage meters: commercial users or other users of large amounts of water may obtain meters of larger dimension upon payment for the meter plus installation.

Applicability – Applicable to all domestic and other general metered service

Territory – within the boundaries of the first amended plat of the Big Mesa Addition, San Miguel County, Conchas Dam, New Mexico. It is anticipated that service under this schedule will also be provided to other areas close to the big mesa addition, including the subdivision known as “Hooverville”. Billings under these schedules may be increased by an amount equal to the sum of the taxes payable under the Gross Receipts And Compensating Tax Act and of all other taxes, fees, or charges (exclusive of ad valorem, state and federal income taxes) payable by the utility and levied by any government authority on the public utility service, or on any object or event incidental to the rendition of the service.

Month or regular billing period – The elapsed time between two successive meter readings shall be approximately 30 days apart.

Point of delivery – Unless a different location is specified by contract between company and customer, the point on customer’s property line where company pipe is connected to customer’s pipe. In most cases the point of delivery is also the point of metering.

Water pressure – The gauge pressure of water within a pipe measured on pounds per square inch (psi) above atmospheric pressure and abbreviated herein as “pound or psi”.

Solid Waste collection site (the Transfer Station) will accept residential Waste within reason. The standard Fee for this privilege is $10.00 a month which is part of your monthly water bill. No construction trash will be accepted. There will be extra charges for certain items; visit the transfer station for more information.

Sale or transfer of property/account: renewal

The seller being a current association member with no terminated account may transfer their existing water service to a new property purchaser for a transfer fee of $100.00 plus tax. The full outstanding balance must be paid in full or $1000.00 (whichever is less) plus tax. New transferred member must rename the property/account with a new membership fee (costing $100.00 plus tax) before gaining service.

Sale or transfer by an association member of a property/account with an inactive account (prior to renewal of the water meter) with no outstanding account balance:

$500.00 water service fee plus tax plus $150.00 reconnect fee plus tax.

Sale of a property with no prior account, membership or water service (i.e. A lot).

$1000.00 water service fee plus tax plus $100.00 membership fee plus tax for the new purchaser.

Reconnecting service fees:

To the same current Association member and property account with no outstanding account balance that requests reconnection of water service - $150.00 plus tax plus total minimum monthly charges plus tax since disconnect or $500.00 plus tax, whichever is more.

To the same current Association member and property account with an outstanding balance or a terminated account discontinuing water service that requests reconnection of water service, the outstanding balance must be paid in full plus tax plus a $150.00 reconnection fee plus tax.

C. Reactivate an inactive account where the meter has been removed, $750.00 replacement meter fee plus tax, plus $100.00 new membership fee plus tax

Delinquencies from a current or inactive member/account

Payment of all past delinquencies incurred plus tax plus $150.00 reconnect fee plus tax to reacquire water service.

If the meter was removed, payment of all past delinquencies plus tax plus payment of a new meter installation fee of $750.00 plus tax to reacquire water service.

Reconnect same customer, $150.00 plus tax plus total minimum monthly charges since disconnect or $1000.00, whichever is less plus tax

Discontinue water service:

No Association member may discontinue water service to a property with any outstanding property account balance.

Any arrear charges must be completely paid in full before discontinuing a water service account.

Any person not employed by the MDWCA tampering with MDWCA property will be charged $300.00 plus tax. The MDWCA will disconnect service of this person if the tampering charge is not paid after sixty (60) days

Any member that does not pay his/her water bill after seventy (70) days will be discontinued from any further water service through padlocking of the water meter until all charges have been paid in full. After locking meter and notification as such, if the account is not cleared of delinquencies in full then the meter will be removed in sixty (60) days, thus requiring payment of a new meter installation fee of $750.00 plus tax.

Rates:

Regular:

First 5000 gallons $45.00 plus $10.00 solid waste collection plus $3.75 tax = $58.76

Over 5000 gallons @$10.00 per thousand gallons (1000) plus tax

Commercial:

First 5000 gallons $70.00 plus tax

Next 5000 gallons @$25.00 per thousand gallons (1000) plus tax

Next 5000 gallons @$35.00 per thousand gallons (1000) plus tax

Next 5000 gallons @$45.00 per thousand gallons (1000) plus tax

Next 5000 gallons @$55.00 per thousand gallons (1000) plus tax

Commercial users must make their own solid waste removal arrangements


5 - RENDERING AND PAYMENT OF BILLS


A. All bills for water & solid waste collection furnished by the company to the customer are due when rendered and payable within ten (10) days from the date of bill at an office of the company or at an authorized collection agency, or mailing address, and if not paid, the bill shall be considered in arrears.

B. Bills will be rendered by the company to the customer in accordance with the schedule applicable to the customer service

C. Customers service may be disconnected for nonpayment if payment has not been received by the company as described hereinafter and in accordance with the following procedures:

1. First billing bills are due within 30 days from bill date. Second billing bills are stamped past due and are due 60 days from original date of first bill.

2. After 60 days without full payment a cut off notice will be sent by certified mail.

3. If full payment, to include cost of certified return has not been received in full within ten (10) days after, delinquent member will be disconnected and meter removed, or ten (10) days after certified bill was sent, whichever comes first. This would solve any problem in not picking up or signing for the certified letter on purpose.

4. Delinquencies where meter has been removed or meter padlock has been installed: payment of all delinquencies plus $150.00 plus tax will be paid in full before meter padlock is removed or meter has been reinstalled and service is re-established.

a. If two days prior to the proposed service disconnect date indicated in the notice, the designated utility personnel receives a certificate from a practitioner of the healing arts stating the discontinuance of service might endanger the person’s life and the residential customer demonstrates to the designated utility personnel in writing that customer does not have adequate financial resources to pay the utility charges whether or not the accuracy of such charges are the object of a bone fide dispute, and the employee sent to disconnect service shall be empowered to receive payment of past due bills of at least a minimum residential bill and upon receipt of such payment, said employee shall be empowered to cancel the disconnect order.

b. If service has been disconnected, the company shall re-establish service within twelve (12) hours of receipt of said certificate from a practitioner of the healing arts and such indication from the customer that they do not have adequate financial resources to pay any of the utility’s charges.

For this purpose, a “seriously ill person” shall include a person with a chronic illness

5. The company shall attempt to arrange with every residential customer who has indicated satisfactorily to the company that he/she is unable to pay his/her bills, and who has not been chronically delinquent in the payment of utility bills, a deferred payment plan for the payment of past due utility charges. In each such instance the company shall offer the delinquent customer the opportunity to pay back charges on a regular basis not to exceed six (6) months considering the hardship involved, the burden on the other customers, and the individual’s past delinquencies. Until the company has exhausted good faith efforts to arrange such a payment plan, it shall not discontinue service to such residence. In the event such customer violates any agreed upon repayment plan, the utility shall have the right to discontinue service to the customer upon giving two days written notice if mailed.

For this purpose a “chronically delinquent” account defines as a residential customer who has been forty-five (45) days or more late in making his/her payment, three (3) times or more in the preceding twelve (12) months. The Association can provide the member information to seek assistance elsewhere.

6. The company shall provide, after due notice, a review within the company for residential customers who allege that the proposed repayment plan is unreasonable and that a water service is not due and owing, or that they have not violated any agreed upon repayment plan. Such review shall be conducted by the management of the company Management shall, if appropriate, order corrective action. Such review shall stay the discontinuance of water service until completed.

7. Water service to a residential customer may not be disconnected for non-payment less than twenty four (24) hours prior to a holiday or weekend.

8. Nothing stated herein on this tariff sheet shall be construed to relieve any customer from liability for proper water service charges.


6 - METERS

A. All meters used in connection with metered service shall be furnished, installed and maintained at the expense of the company, except that the cost of the meter or meters shall be borne by customer for fire service connection, standby or relay service when the required meter is four (4) inches or larger. Each meter whether new or repaired or that has been removed from service for any cause except normal removal for disconnection of service shall have been tested and in good order before being installed. All tests to determine the accuracy of registration shall be made with standard meter testing equipment. Company may, at its option, test meters at any time and as often as it desires. Meter shall be read each month unless customer and company agree to more frequent readings.

B. Upon request of any customer, company will make a test of accuracy of any meter, provided the meter has not been tested within the twelve (12) month period to such request, and customer agrees to accept the result of such test made by company as the basis for settling any difference claimed. If the meter has been tested within the last twelve (12) months at customer’s request and found to be correct, the company may charge $50.00 for making such a test. The charge is to be included and paid together with the bill in question with ten (10) days after the test has been made.

C. When one or more consecutive meter readings are missed, company may bill the customer for estimated consumption and the difference adjusted when the meter is read again. The basis for the estimate shall be normal consumption for corresponding periods in the preceding year or normal consumption in preceding months. Any bills paid in the period which the estimate covers shall be credited to the total amount of the bill. If a meter stops or fails to register the full amount of water consumed, customer will be billed for the period as though the meter reading for the period had been missed as set forth in this paragraph c.

7 - ADJUSTMENT FOR METER ERROR


If on testing of any service meter it shall be found to have a percentage of error in excess of two (2) percent, the following provisions for adjustment of bills shall be observed:

A. Fast meters: when a meter is found to be fast in excess of two (2) percent in tests made at any time, company shall refund to customer an amount equal to the excess charged for the water incorrectly metered. The period over which the correction is to be made shall be the time elapsed since the last previous test or since the time of apparent change of consumption, whichever is shorter, provided, however, the period shall not exceed six (6) months. No part of a minimum service charge shall be refunded.

B. Slow meters: when a meter is found to be slow in excess of two (2) percent in tests made at any time, company may make a charge to the customer for the water incorrectly metered. The period over which the correction is to be made shall be the time since the last previous test or since the apparent change of consumption, whichever is shorter, provided, however, the period shall not exceed six (6) months.

C. Failure to register: if a meter is found to not register for any period, the company shall estimate a charge for the water used, but not registered, by averaging the amount used over a similar period preceding or subsequent thereto of all three (3) methods, or such other methods as may be agreed upon by the company and the customer.

D. In the event of the stoppage of, or failure by any water meter (if installed) to register the full amount of water consumed, or inaccessibility of meter to be read, the customer will be billed for such period on an estimated consumption based upon this use of water during a similar period of like use.

8 - SERVICE CONNECTION

A. A charge for each service connection shall be made depending on the meter and can installed.

B. Customer must install a stop and waste cock or equivalent on his service line at or near the meter.

C. The company reserves the right to specify the service entrance to any building and should be called upon for exact information. If such information is not secured, expensive changes to piping installation may result for which the company shall not be held liable in any way and will not assume responsibility.

D. Not more than one service line for each class of service shall be installed for any one customer. All meters for a single building or location must be located at the same point. Billing will be separate on each such meter and will not be combined. Where it is desired to arrange water piping of any building or location so that different areas can be separately metered, proper space must be provided at such building or location and piping performed accordingly.

E. No cross connection with any other source of water shall be made to company’s lines.

F. Where the operating water pressure is less than twenty (20) pounds due to extraordinary circumstances and the water pressure and volume is determined by customer to be less than his requirements, customer shall install a pump and pressure storage tank.

G. If the water pressure at customer’s service is in excess of 125 pounds due to extraordinary circumstances, customer shall install an approved adjustable pressure regulating device.

H. At the customer’s request and at customer’s sole expense, company will make an individual engineering study and recommend equipment required to provide adequate service. All special equipment will be purchased, installed and owned by customer.


9 - TEMPORARY SERVICE AND SPECIAL SERVICE

A. Temporary service will be furnished under company’s established rules, regulations and rates for the type of service required; provided, however, that service is available and that a customer pays, in addition to the cost of service rendered under company’s applicable rate, the cost of installing and removing the necessary facilities required to provide such service.

B. Service for specialized usage not covered by a specified filed rate will be by agreement between company and customer.


10 - INTERRUPTION OF SERVICE

A. Company will use reasonable diligence in furnishing regular and uninterrupted service. The company shall not be held liable for damages in case such supply should be interrupted or fail by legal process, state or municipal interferences, breakdowns or damage to the machinery or distribution lines of company, extraordinary repairs, or any other cause beyond the control of company.

B. Company shall not be liable for damages occasioned by interruption of or reduction in service when such interruption or reduction in service is necessary to make repairs or changes in the company’s transmission or distribution facilities. The company will always endeavor to give reasonable notice in advance of any shutoff.


11 - DISCONTINUANCE AND RESTORATION OF SERVICE


A. Any customer desiring service disconnection shall give notice in writing to company at its office. Company will endeavor to the best of its ability to act upon telephone or verbal orders to discontinue service, but in the event of dispute, only a written order will be considered proof of notice.

B. The company reserves the right at any time, without notice to discontinue the water service of any customer for any of the following reasons:

1. Existence of a condition determined by the company to be hazardous

2. Customer use of equipment in such manner as to adversely affect the company’s equipment or the utility’s service to others

3. The customer’s tampering with, damaging, or deliberately destroying the equipment furnished and owned by the company

C. The company reserves the right, upon any customer’s failure to comply, to discontinue service of customer for any of the following reasons:

1. Violation of and/or non-compliance with company’s rules and regulations on file

2. Failure of the customer to fulfill his contractual obligations for service and/or facilities subject to regulations by the commission

3. Failure of customer to permit company reasonable access to its equipment

4. Non-payment of any bill seventy (70) days past due

5. Failure of customer to provide company with a deposit

6. Failure of customer to furnish such service equipment, permits, certificates, and/or rights of way as shall have been specified by the company’s condition to obtaining service, or in the event such equipment or permissions are withdrawn or terminated

7. Failure to pay for service of the same class at a previous metering point or points

8. Indiscriminate waste of water

9. If a customer who owes the company for past water service desires to make re-application for water service, it will be necessary for the customer to pay all unpaid balances on his bills or make satisfactory payment arrangements with company before any further service will be furnished.


12 - RESPONSIBILITY FOR WATER EQUIPMENT


A. Company does not assume any responsibility as to piping or fixtures on any customer’s premises

B. Customer shall use due diligence to protect the property of company installed on the premises of customer or on locations under his control

C. Removal of company’s property, including meters, is prohibited


13 - LIMITATION OF USE


Water service furnished by company to any customer shall be used only in connection with such customer’s business or at the residence to which the service is piped, and shall not be resold to other parties nor piped from one building location to another.


14 - COMPANY’S RIGHT TO INGRESS AND EGRESS FROM CUSTOMER’S PROPERTY


Duly authorized agents or employees of company shall have free access at all reasonable hours to all parts of the premises of the customer for the purpose of making inspections and for testing, changing or removing its meters. If such duly authorized agent or employees are refused admittance or hindered or prevented from making such inspections, the service may be discontinued until free access is given.

15 - FIRE HYDRANTS


In order to assure proper operation of fire hydrants, no water shall be drawn through any fire hydrant for any other purpose than fire protection except as provided by franchise or by special permit.


16 - GENERAL RULES WITH RESPECT TO LARGE USERS OF WATER


A. Before proceeding with the purchase of any equipment which will necessitate the use of large quantities of water within short periods of time, company shall be consulted for advice as to the best method of installation and for information concerning the conditions under which the water will be supplied to the customer.

B. In general, the company reserves the right to limit the size of service connections or openings through which its service is furnished for filling storage tanks, hydraulic equipment, private fire service, or other classes of service capable of drawing relatively large quantities of water and thereby causing undue fluctuation of pressure in portions of company’s system.


17 - LINE EXTENSION POLICY


A. Whenever an extension of company’s distribution lines is required to serve an applicant, or group of applicants, extension of the line will be made under the following term and conditions.

B. A line extension where the investment, including service line and meter, is less than three (3) times the annual revenue will be made without charge.

C. Where the estimated investment is in excess of three (3) times the estimated annual revenue, a “water extension agreement” will be made to cover the extension, and an advance for construction will be computed as follows:

  • estimated annual revenue $___________
  • investment required $___________
  • investment justified $___________
  • (3) times estimated annual revenue
  • advance for construction required $___________

This advance for construction will either be refunded or become the property of the company as follows: for each new customer to an extension for which an advance for construction has been required, company will refund an amount equal to 2.5 times the estimated or actual annual revenue of the new customer provided that the new customer is served by the installation of a meter and service only. No refund shall be made for a customer connection to an extension if the connection is made five (5) years or more from the date of the original “water extension agreement”. The total of all refunds shall not exceed the original advance for construction, and provided further refund due will be made annually or at shorter intervals at the option of the company. Any portion of an advance for construction not refunded will belong to company.

D. Company will not under this line extension policy be required to make an extension that would be economically unfeasible and thereby cause undue hardship on other customers of company. Special conditions which affect the furnishing of water service to an application or group of applications such as elevation, terrain, volume of water available in existing mains, and other conditions resulting in increased costs to the company in providing water service will be taken into consideration by the company in deciding feasibility of providing service.

E. All lines and other facilities to be installed by company will be of such size and installed in such a manner as will conform to company’s plan for development of its system.

F. When an advance for construction has been made for a line extension and revenue received from the extension has proved insufficient to cover fixed charges and operation expenses, company will have the right to reduce the refundable portion of advance for construction by an amount equal to the difference between company’s annual cost, including both fixed charges and operating expenses, and the amount of revenue received by the company. The company will not have this right until the end of the first fiscal year in which company has a “net profit”. Net profit for this purpose means federal taxable income as initially reported (despite subsequent adjustments by the Internal Revenue Service) computed without deduction for depreciation, depletion or amortization not requiring cash expenditure. Company’s estimate of revenue is less than actual experience, with the result that the advance for construction was more than allowable under this rule, so an appropriate refund will be made to the customer. Adjustment will be made annually and the customer making the advance for construction will be advised.

G. New customers will furnish without charge to company such rights of way as are required over property owned or leased by the new customer and will assist company in securing other rights of way necessary to provide service.

H. Where unusual circumstances exist, an extension may be made under a specific long term contract, provided the contract terms are such that no adverse effects will be imposed on company’s existing customers.


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