Harrison Canal and Irrigation Company
Installations, Construction or Other Canal Changes Request
Subject: Diversion changes, new canal crossings for utilities, installation of structures and facilities for pumps, installation of bridges and other construction within the canal easement that may affect canal operations
I. Purpose
The Board of Directors has a responsibility to maintain the easement it holds for all stockholders of the canal company in a condition that does not diminish the canal company’s ability to deliver water to it’s stockholders in a fair equitable and legal manner. Because of continuing development and construction alongside established easements held by the Harrison Canal and Irrigation Company, the Board of Directors hereby establish the following policies to provide guidelines to those who may feel it necessary to alter, change, cross, or in any way conduct activities within the canal easement.
II. Responsibility
The Board of Directors of the Harrison Canal & Irrigation Company are duly elected by the stockholders and are vested with the responsibility to maintain a working canal system for it’s stockholders.
III. Provisions
A. Pumps
1. New pump installations must first be approved by the board.
2. A one time fee of $300 must be paid and a general description and layout plan provided for board approval. If not approved the fee is to be refunded.
3. All pump installations must have water in the amount of 120% of the amount the pump is capable of pumping to fairly and equitably divide water in times of short age. In lieu of excess water ownership, a locking control device may be required by board of directors. A flow meter may also be required.
4. All water deliveries through pumps are under direct supervision of the Water Master and the Board of Directors
5. New pump installations must be installed with proper authorization from land owners where the pumps will actually be situated. The Harrison Canal & Irrigation Company owns no land and cannot create easements for others.
6. The Harrison Canal & Irrigation Company is not responsible for damage to pumping equipment and facilities installed on the canal easement whether it is caused by maintenance of the canal or whatever the cause. By applying for a pump installation the applicant waives all claims for damage and assumes all risk to equipment placed in the canal easement.
B. Bridges
1. Bridges proposed to be built across the canal must be built with the permission and approval of the Board of Directors.
2. A onetime fee of $500.00 must be paid and a general description and layout plan must be provided for board inspection and approval. The Board will set the minimum freeboard tolerances and other requirements to insure that the bridge does not pose unacceptable impediment and risk of flooding.
3. No construction will be allowed until the Board of Directors requirements are met and agreed to in writing.
4. By permitting a bridge to be built across the canal the Harrison Canal Board of Directors assumes no liability for the use of the bridge or damage or injury to anyone that may occur as a result of the bridge being built.
5. The permit for the bridge also serves to commit the applicant and the subsequent owners of the bridge to recognize and accept that the Harrison Canal Board of Directors has a legal right to cross the bridge to reach the canal easement on either side of the canal and to use the bridge if necessary to clear debris, trees, etc., that may become jammed in the bridge.
6. Any changes, modifications, or enlargements to the permitted bridge must be brought to the attention of the Canal Board of Directors and may require an additional permit.
C. Utility Crossings
1. Utility crossings proposed to be built across or through or in any way within the canal easement must first be approved by the Board of Directors.
2. A onetime fee of $500.00 with a complete description of the location and the scope of the work to be completed must be provided for board inspection and approval.
3. The Board of Directors will set standards that will protect the stockholders of the Harrison Canal from seepage losses and other adverse effects of utility crossings within the canal easement.
4. No construction will be allowed until the Board of Directors requirements are met and agreed to in writing.
5. The Board of Directors may require the review and acceptance by all parties to the proposed installation of utilities requested under a permit application.
6. The permit for the installation of the utilities within the canal right of way serves to commit the applicant and subsequent owners of the utilities to recognize and accept that the Harrison Canal Board of Directors has a legal right to use property on either side of the canal easement to do what is reasonable and necessary for the maintenance and operation of the canal.
7. The installation of utilities within the canal right of way is done with the express understanding that the Canal Company assumes no risk for damage to the utilities or personal injury to others that may occur as a result of the utilities being placed in the canal right of way.
8. Any changes, modifications, or enlargements to the permitted placement of utilities in the canal easement must be brought to the attention of the Canal Board of Directors and may require an additional permit.
This policy is intended to provide a means for the Harrison Canal & Irrigation Company stockholders and their elected Board of Directors to have a degree of notice and accountability for alterations performed or conducted with the canal easement. After payment of all fees and upon request the Board of Directors will provide a written statement as to the requirements identified by the Board of Directors that are required to insure that activities and construction in the Canal right of way in no way impact the operation of the canal system .
Name of Applicant: ____________________________________
Please print
Project Requested: _____________________________________________________________
_____________________________________________________________
Signature of Applicant shows agreement to the terms of this document:
_________________________________________________________ __________________
Applicant Signature Date
Approved by the board of directors
WITH THE ATTACHED REQUIREMENTS
WHICH REQUIRE WRITTEN ACCEPTANCE
BY THE APPLICANT
_________________________________
President
DATE APPROVED: ___________________
DATE EFFECTIVE: _______________________