Policies for Effective, Efficient and Harmonious District
The objectives of the Tualatin
Valley Irrigation District are:
distribute water on a fair and equitable basis to each water user according to
the best methods of water management to assure efficient, economic operation
and provide the best possible service to water users.
operate and maintain a system capable of storing and delivering water to users
encourage wise use and conservation of our water resources.
CONSENT OF WATER USERS:
By acceptance of irrigation water
from this District, all water users consent to be fully bound by all the laws
relating to the District and by the duties, obligations and regulations and
contracts of the District, now in force or hereafter amended or adopted.
OFFICERS AND EMPLOYEES DUTIES:
The District's Board consists of
five Directors. Each Director represents
a particular division of the District.
The divisions shall be numbered first, second, third, fourth and
fifth. On the second Tuesday of January
following their election, the Board of Directors shall meet and organize as a
Board, elect a Chairman from their number and appoint a Secretary, who shall
hold office at the pleasure of the Board.
The Board shall have authority expressed in ORS 545.181 and amendments
TRAVEL EXPENSES FOR DIRECTORS AND
The District will pay the
expenses of Directors, employees and other delegated representatives of the
District while on official business on behalf of the District.
It is Board policy not to give
out the mailing list to anyone.
MANAGER RESPONSIBILITIES AND DUTIES:
The Board appoints a Manager who
is the Chief Administrative Officer and is responsible to the Board for
efficient administration of the District.
MEETINGS, QUORUM, RECORDS:
The regular monthly meeting of
the Board shall be held in the Tualatin Valley Irrigation District (hereafter
referred to as TVID) office, 2330 Elm Street, Forest Grove, Oregon, at 7:00
A.M. on the second Tuesday of each month unless otherwise announced. The District shall operate on a calendar year
from January 1 through December 31 of each year. All meetings of the District
Board are open to the public. A majority
of the Directors shall constitute a quorum for the transaction of business.
Records of the Board shall be
open to public inspection during business hours
WATER USER PROBLEMS:
It is the privilege of any
landowner or water user to bring before the District's Board of Directors at
any regular meeting of the Board any problems relative to irrigation, or
project operation and maintenance, provided said landowner or water user has
first presented the problem to the proper supervisory employee of the
District. If satisfaction is not
attained in the first instance, the Board shall be informed in writing
by the landowner or water user of the nature of his problem and that he intends
to appear before the Board at a certain time, in order that all the facts may
be before the Board at the time of the appearance.
District equipment shall not be
used for purposes other than those pertinent to the administration, operation,
maintenance and repair of the property of the District.
The District shall not employ any
relative by blood or marriage, in the second degree of kinship to the District
Manager or any member of the Board of Directors.
The District will not
discriminate against any employee or applicant for employment because of race,
color, religion, age, sex or national origin.
MAILING LIST OF WATER USERS:
The method of distribution will be as follows: Acres will
be allocated by pipeline and river. On
the pipeline, requests for interruptible water will be accepted from March 1
through March 10 in lots not to exceed 20 acres of water rights each. A lottery will be conducted for any remaining
acres again limited to lots of no more than 20 acres each. Should there be more acres requested in the
first round than there are acres available, the amount requested would be
diminished by the amount not available.
(Example, if 5 acres were requested and only 80% of the requested acres
were available the person requesting 5 acres would receive 4 acres). If requests are less than the acres available
on either the pipeline or the river, those one-year contracts will be let
without further process. Board Policy is to charge a $75.00 maintenance fee for
each box with no assessed water attached and no acres served in any one-year. This
policy is subject to review and amendment annually.
REVISIONS TO POLICY:
These policies and general
information represent the best judgment of the District’s Board of Directors
and management. Circumstances may arise which will deem it advisable to revise,
add to or delete sections; thus changes may be expected from time to time as
sound judgment indicates.
Each year the Board of Directors
shall determine the date on which water shall be available and likewise will
determine the shutoff date. District personnel will begin to accept requests (orders)
for water deliveries five days prior to the beginning of irrigation.
DISTRIBUTION OF IRRIGATION WATER:
Irrigation water is used
primarily in the commercial production of agricultural crops. Irrigation water is not purified and is not
to be used for household purposes.
Irrigation water will be distributed equitably to all users on the basis
of the number of irrigable acres, as classified on the land classification
records of the district and in accordance with the district's contract with the
Bureau of Reclamation and the laws of the State of Oregon.
POLICY REGARDING INTERRUPTIBLE
It is the intent of the board to
serve as many people as possible.
Interruptible water acres are those assessed acres that are not being
used in any one-year. Contract and
permit conditions are such that a maximum of 11,300 acres may be served on the
pipeline, 5,700 acres of project water on the gravity system and 2,001.8 acres
on the lower river. Prior to March first of any year all assessed water users
will have mapped the acres that they intend to irrigate for that irrigation
season. The difference between that
number of acres and the total number of acres that can be served will be the
interruptible acres that are available.
This number will be available by March fifteenth. Interruptible water charges will be set
during the budget process each fall. All requests for interruptible water must
be made by the landholder. Interruptible
water cannot be used to replace transferred water. Lands from which water has been transferred
will remain dry for the season. The
request shall be for a specific site and will include a legal description and
section map showing the exact location to which the water will be applied. Interruptible water is not transferable. Interruptible water can be applied only to
grounds inside the district boundaries which are classified as irrigable and
for a beneficial use as defined by the Oregon Water Resources Department.
SCHEDULE OF ASSESSMENTS AND
The final approval of the budget and assessments for the
coming year is set at the regularly scheduled November board meeting. Assessments include moneys needed for
operation and maintenance expenses and construction expenses. Construction expenses are set by contract
with the Bureau of Reclamation. The
first of fifty (50) annual payments was made on December 30, 1986, for river
deliveries. This construction charge has
been established at $5.35 per acre. The
first of fifty (50) annual payments for pipeline deliveries was made on
December 30, 1989, and has been established at $7.92 per acre. For all tracts under 10.01 acres classified as
suburban agriculture, the annual construction payment will be $100.00
regardless of size or whether signed for river or pipeline service. The Board sets Operation and maintenance
charges. Water users are notified of assessments by November 30th of each
year. Payment is due prior to March 1 of
the following year. In accordance with
ORS 545.496, interest will be charged at the rate of 1.333 percent per month,
or fraction of a month, after March 1.
Accounts are considered delinquent at April 1 and a notice of intent to
lien is sent by certified mail. Accounts
not paid by June 1 are subject to foreclosure.
A progressive administrative fee is charged based on the cost of filing
and removing the notice of lien. If
foreclosure is necessary, all costs will also be added to the delinquent
IT IS BOARD POLICY THAT NO WATER WILL BE DELIVERED UNTIL
ALL MONEYS, INCLUDING INTEREST, DUE THE DISTRICT ARE PAID.
POLICY ON RE-ALLOCATING PROJECT
WATER THAT IS TURNED BACK
BY THE ORIGINAL WATER USER
right acres must be in demand or water rights cannot be returned to the
District for reallocation. A full title
search will be conducted on the property from which patrons wish to permanently
transfer water rights to protect the interest of all parties. The transferor will be responsible for all
associated costs. The District will reallocate the water rights using the
standby priority list started by the District and the United States Bureau of
Reclamation in 1971. If an offer of
reallocation is not accepted, that location will be removed from the standby
list. No reallocation will be allowed
from the river to the pipeline or from the pipeline to the river. The allocation will be offered to the
location and acres as identified on the standby list even if the ownership has
changed. The standby applicant can only
use the water in the identified location and cannot move it to a new
location. The recipient of the reallocated
water rights will assume the financial obligation of the Bureau of Reclamation
contract and will be responsible for paying for all facilities to get water to
the new location. If the recipient has
already paid for the facilities and is purchasing interruptible water, the
water will become permanent and be assessed at the District specified rate. All reallocation requests are
subject to approval by the United States Department of Interior.
All requests for water to be
turned "on,” "off,” or "changed" are to be made at least
twenty-four (24) hours in advance by telephone to the District office where it
will be received by a person or a telephone recorder. For members below Farmington Bridge, orders
should be made at least forty-eight (48) hours in advance. The procedure for
ordering water is listed on a separate sheet in the back of this booklet. Each delivery is numbered and this number
will be stenciled on the meter for river users and on the delivery structure
for the pipeline. Please use this number
when ordering water.
In a normal year, there will be
enough water available to provide 1.5 acre feet for each of the 17,000
irrigable acres in the District that were signed up for Bureau of Reclamation
Project Water Service.
The Tualatin Valley Irrigation District system was
engineered to provide 6.1 G.P.M. for each acre to be served by a turnout at 55
p.s.i. at the sprinkler, normally located near the high point on the land
signed up for water service. Anyone
found using water exceeding these rates is subject to regulation within the
Tampering and Misuse policy. The District shall be under no duty, and shall not
be held liable for failure to deliver water during the irrigation season when
such failure occurs from a deficiency of water or from any other cause beyond
the control of the District. When the
demand for water exceeds the capacity of the system, the users will be placed
on allotment and all interruptible lands shut off from water service.
The District repayment contract with the Bureau of
Reclamation provides that the amount of water for which a minimum annual
operation and maintenance (O & M) charge is made will entitle that water
user to one acre foot of water for each irrigable acre. The amount of the minimum annual O &
M charge will be needed to assure that
the District has sufficient funds for O & M expenses. The O & M charges
will be established by the Board of Directors when they set the annual charges
in November of each year and will be collected by the District. If the water
user requires or uses more than one-acre foot per acre, an additional water
charge will be made at the end of the irrigation season.
The additional water charges per
acre to be paid to the District is as follows:
0.5-acre foot of additional water will be not less than 100% of the base
0.5-acre foot of additional water will be not less that 120% of the base
Additional water beyond two-acre
feet will not be charged less than 200% of the base charge.
All costs for the additional
water will be paid by the landowners involved.
The District shall measure the water delivered to each turnout and keep
individual turnout delivery records. The
agents of the District shall read all irrigation meters at such times and
frequency, as the District deems necessary.
Statements of water used beyond
one-acre foot per acre will be sent to each water user at the end of the
irrigation season. Prior to delivery of
water for any irrigation season, all delinquent charges must be paid including
any penalties and interest which may have accrued, and the current year's
The District will assume the
responsibility of normal maintenance and repair of all meters and turnout
facilities. However, when it is found
that a member, his agent or assignee has made an unauthorized adjustment or
alteration to the turnout box or its appurtenances, or has drawn water at a
greater volume per minute than allowed for that turnout, he shall be sent a
warning letter requiring him to cease and desist and he shall be advised as to
the consequences of a second violation.
If it is found that a second violation of the type aforesaid has
occurred, the following procedures may be applied:
EXCLUSION OR INCLUSION OF LANDS:
The landowner who requests
exclusion from the District will not be given a refund on assessments made
previously, and any exclusion must has to be approved by the Board of Directors
and the Secretary of the Interior of the United States government or his/her
assigns. The owner of record for those lands requesting inclusion must
institute requests for inclusion of lands within the District boundaries. The inclusion is subject to the approval by
the Board of Directors, by the laws of the State of Oregon and the rules of the
Bureau of Reclamation.
INSPECTION BY DISTRICT AGENTS:
The water user within the
District shall not refuse, neglect or fail to afford any duly authorized agent
or representative of the District free access at all reasonable hours to any
parts of the premises supplied with water from the District's system for the
purpose of reading meters and observing the manner in which water is used. Authorization of this section is provided for
in Article XV of the By-Laws.
OBSTRUCTION OF PIPELINE
No landowner or agent thereof
shall plant, construct or erect, or cause to be planted, constructed or erected
any tree, dwelling, outbuilding or other structure on or over any pipeline
easement of the District. Any person
violating this section shall be required to remove such tree, dwelling or other
structure at his own cost and within reasonable time to enable the District to
perform necessary maintenance or repair. If, upon reasonable notice to the
owner, such obstruction is not removed, the District shall make repairs as is
necessary and shall incur no liability to the District for any damages
sustained by such encroachments.
TAMPERING OR MISUSING DISTRICT
A letter may be sent to the
member by certified mail, return receipt requested, setting forth the facts of
the violation and the intent of the District to install an orifice plate on
said turnout at the member's expense.
The cost of said orifice plate and its installation, together with any
consequential damages shall be billed to the member's account and must be paid
before water is furnished for the next season.
The letter shall also inform the member of the appeal procedure set
After receipt of the notice, a
member may request a hearing before the Board of the District at the next
regular meeting following the passage of fifteen (15) days from the date the
noticed is received. At the hearing the
member may appear with or without counsel and present evidence and examine and
cross-examine witnesses, who shall be first sworn. The Board shall make a written order of
findings of fact as to whether or not a violation has occurred.
If a violation is found, an orifice plate may be
installed. The request for a hearing must be made in writing and delivered to
the District office within ten (10) days from the date the notice is received,
otherwise the right to a hearing shall be deemed waived and the orifice plate
will be installed forthwith.
The member shall be responsible
for all consequential damages arising from the above mentioned violations. The
aforementioned appeal process shall apply to the determination of liability and
damages. In addition to, or in lieu of, the above procedures, the District may
bring a civil action for damages against any person who knowingly and willfully
tampers with the District’s facilities or diverts water which he is not
authorized to divert. In addition to recovering actual damages, the District
may recover investigative cost, punitive damages, and costs of suit, attorney
fees and expert witness fees.
VARIATIONS OF PIPELINE PRESSURE:
The water user may install a District approved booster
pump to provide higher pressures. The
booster pump must match the District designed delivery quantity and pressure
which varies at different locations on the pipeline. The use of oversized sprinkler equipment is
not approved. Anyone requesting and/or
using higher pressure assumes all liability for any damage caused to the
District's pipeline delivery system because of improper use of facilities.
It is in the District's interest to control weeds within a
reasonable area adjacent to turnout boxes, control valves and air valves. The District, at its discretion, will apply a
soil sterilizing agent when and where necessary to an area approximately 30
inches wide immediately next to the above facilities. This work will be done at District expense.
ADDRESS OF WATER USERS:
Each water user or owner or land within the District shall
provide the District with their post office address to which all official
communications including additional water charges and notices of meetings may
be mailed. In case of change of address,
the water user or owner of land should promptly notify the District of such
INSTALLATION OF NEW DELIVERIES:
New deliveries will be considered
when a land split occurs, water right acres are reallocated or for convenience
of the landholder. Convenience boxes
will be considered only when the following conditions are met: Lands to be
irrigated are within the District boundaries and are classified as
irrigable. Transferred water rights
should originate from the same pipeline lateral to avoid velocity calculations. All system designs must meet the District
specifications and be approved by the Board of Directors. Pipeline extensions of more than 50 feet must
be approved by the Bureau of Reclamation.
Easements must be recorded prior to construction. All costs are borne by the applicant
including but not limited to 18% administration fee and recording charges. The number of acres served by a combination
of the original delivery and the convenience delivery cannot exceed the number
of acres assessed to the parcel.
All meters remain property of the
District. After initial installation, it
is the water user's responsibility to store the meter during the non-irrigation
season in such a manner so as to prevent damage, undue exposure to weather and
in a location where District employees may have access to service the meter at
any time. If the meter cannot be located
it will be determined to be a violation. Landowners may obtain additional
meters from the District by paying the District the cost and installation
charges. Only District meters may be
used for delivery of District water. When additional meters from the District
are installed for the owner's convenience, an annual service charge will be
made. If TVID is unable to locate a
meter, the district will submit a bill for replacement charges to the person
responsible for that meter.
SPLITS OR DIVISIONS OF LAND:
The Tualatin project, as
authorized and built, includes a number of irrigation related facilities which
were turned over to the Tualatin Valley Irrigation District to operate and maintain. This includes such equipment as individual
turnouts, water measuring devices (meters), pressure regulator valves,
pipelines, turnout boxes and easements.
Where a proposed land split requires additional equipment, easements and
related delivery features, the request for any added turnouts are to be made in
writing to the District. Eligibility for
any additional turnouts will be determined by an engineering feasibility report
that is acceptable to TVID and the Bureau of Reclamation.
ORS 92.090 (6) states that no plat of a subdivision or
partition located within the boundaries of an irrigation district shall be
approved by a city or county unless the city or county has received and
accepted a certification from the district that the subdivision or partition is
either entirely excluded from the district or is included within the district
for purposes of receiving services and subjecting the subdivision or partition
to the fees and other charges of the district.
The basic requirements for a certificate of inclusion or the subdivision
or partition are:
Minimum size tract eligible for
water service is 2 acres.
Turnouts, pipelines and other
service features will be engineered by the District or their designee with the
approval of the Bureau of Reclamation.
The landowner will provide the
District with all necessary easements needed to provide water service, at no
cost to the District.
Landowners will deposit
sufficient funds to cover all anticipated expenses. This deposit will be made to the
District. When final calculations are
made, any excess funds will be refunded or additional expenditures will be
billed to the applicant.
All added turnouts must have
separate meters, turn-on-off valves, drains and other normal delivery
features. The turnout must be located
where District employees will have access for necessary service and
The total water available will be
limited to the same gallons per minute as that provided for by the Bureau's
For tracts of less than 11 acres,
there is an additional charge for operation and maintenance, and for
construction as established by the Bureau for suburban agricultural tracts.
CERTIFICATE OF SALE:
It is the responsibility of the landowner to notify
the District of any sale or division of land, or any change in ownership within
30 days of the date of sale. This
information as to tax lot number, section, township and range, and which acres
are entitled to receive water. Certificate
of Sale forms are available in the office for this purpose, and shall be
filed with the District prior to the issuance of clearance to receive water
delivery. Eligibility for subsequent delivery of any water to lands involved
shall be contingent upon filing of said Certificate.
RECLAMATION REFORM ACT OF 1982: (RRA's)
The District provides the labor
for repair and installation or replacement of the meter, with the landowner
and/or water subscriber to pay the District.
The installation shall be established with due care to protect the
The Tualatin Valley Irrigation
District is subject to the discretionary provisions of the Reclamation Reform
Act of 1982 (RRA). The RRA requires that all persons, organizations, religious
organizations and Government Agencies which own and/or lease irrigable or
irrigation land and which are subject to the discretionary provisions must
certify or verify their land holdings annually.
Tualatin Valley Irrigation District is subject to the discretionary
provisions. The only exceptions are
those who own and/or lease acreage totaling 240 acres or less. If your ownership or leasing arrangements
change in some way you must notify the District, either verbally or in writing,
within 15 days of the change and submit new certification forms within 30 days
of that change. If your holdings do not
change, you are required only to verify annually in writing in a form approved
by the Secretary of the Interior that your most recently submitted
certification form remains valid. Leases
are not required to be on file in the irrigation district office. The RRA requires that all leases must be
written, for a period not to exceed ten (10) years except with written approval
of the Bureau of Reclamation in regard to perennial crops, but in no case to
exceed twenty-five (25) years. Further,
the lease must be for a specified period of time, that payments are to be made
and that the lessee will have use and possession of the land and assume the economic
risk in the operation and management of the leased land. All landholders must make their leases
available for inspection upon request.
Failure to have a written lease constitutes noncompliance with the
Reclamation Reform Act and subjects the non-compliant to Federal charges. All
certification or verification forms must to be on file in the District office
prior to delivery of water. Failure to
comply will jeopardize the continued delivery of irrigation water and could
subject the District to compensation charges.
Those charges will be assessed to the landholder refusing or neglecting
to comply with the Reclamation Reform Act of 1982.
DISTRICT NOT LIABLE FOR WATER
SHORTAGE OR INTERRUPTIONS:
The Tualatin Valley Irrigation
District is the administrator of a cooperative effort of all it's members and
water service consumers to make use of the irrigation water resources available
to the District, and that the operation of its facilities is complex and
subject to unexpected and harmful interruption, therefore, no liability shall
accrue the Tualatin Valley Irrigation District or any of its officers,
management or employees for damage, direct or indirect, arising by reason of
shortage in the quantity of water available through the irrigation system or interruption
in water deliveries to lands in the District resulting from drought, inaccuracy
in distribution, hostile diversion, prior or superior claims, accident to or
failure of facilities of the irrigation or storage system, whether or not
attributable to negligence of officers, management or employees of the District
or other causes of what ever kind. Nor
shall the landowners obligations to the District under this contract be reduced
by reason of such shortages or interruptions. In any year in which a water
shortage occurs, the Bureau of Reclamation will apportion the available water
supply among the District and others entitled under then existing contracts to
receive water from the project. Any
reduction in the project water supply shall be shared among the District and
all other entities receiving a water supply from the project in the proportion
that the District's water entitlement under the contract bears to the total
quantity of project water under contract.
UNAUTHORIZED OR IMPROPER USE OF
DISTRICT WATER DELIVERY FACILITIES BY LANDOWNERS OR OPERATORS:
To maintain efficient service and
hold down costs to water users, it is the policy of the District to charge a
water user and/or landowner for all costs of repair made necessary as a result
of unauthorized and/or improper use of turnout facilities. Such activities include:
user operating District turn on and off valve.
Anyone aware of such activity should report it to the District. Adding
on or hooking on any types of water discharge to the pipeline turnout boxes or
air valves including pipe, hose, etc. Attaching unauthorized automatic shutoff
and on devices.
caused to District facilities where two or more turnout boxes are hooked
together. Each winter several parts of the pipeline delivery system have
suffered freeze damage. One common type
of freeze damage has shown up where water users have connected their
distribution system to the District turnout pipe without any foolproof way of
disconnecting the pipes at the end of the irrigation season. The result has been that water has gotten
back into any one of several of the following: Valves, pressure reducing
valves, meters, air valves and turnout pipeline. The water user and/or
landowner is to provide an approved disconnect unit when the turnout pipe is
connected to water user irrigation pipe or make arrangements with the District
to provide same at the landowners expense.
EXCAVATION OVER DISTRICT
Anyone planning to do excavation,
trenching, filling or digging within the TVID pipeline easement will be fully
responsible for any damage to the District's pipeline and all other related
facilities. Before work is started, those doing the work, or those responsible
for it being done, are to supply the District with full details of any excavation
and what type of pipeline or facilities are planning to cross the District
pipeline. The District's assistance in
locating any of the above in no way reduces the liability or responsibility of
those doing the work.
Putting water on a public road,
deliberately or by neglect, could cause a liability to the irrigator and the
district. The district, upon
notification or discovery of such a practice, will inform the irrigator as
quickly as possible and if no response is taken, the district may cease
delivery of water.
COMBINATION OF WATER DELIVERY
Water deliveries to a single
ownership are combined on the pipeline or on the river. The river cannot be combined with the
pipeline nor the pipeline with the river.
Leased deliveries may be combined with owned deliveries subject to a
written lease of at least three (3) years and the aforementioned
restriction. Combinations must be in
place prior to water deliveries each season and are valid for no more than five
(5) irrigation seasons. There is a
charge for this service.