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Tariffs / Rates

TARIFF SCHEDULE
UTILITY: Doney Park Water
TARIFF SHEET NO. 0
DOCKET NO. U-1416
DECISION NO. 58752; see also, 52954; 54298; 54610; 56081; 56454; and 58343
TELEPHONE NO. 526-1080
EFFECTIVE 09/01/94

TARIFF SHEET NO. 1 - GENERAL TERMS AND CONDITIONS
TARIFF SHEET NO. 2 - WATER DISTRICT BOUNDARY
TARIFF SHEET NO. 3 - GENERAL SERVICE
TARIFF SHEET NO. 4 - COMMERCIAL SERVICE
TARIFF SHEET NO. 5 - WHOLESALE SERVICE (W-RATE)
TARIFF SHEET NO. 6 - FIRE SPRINKLER SERVICE (F-Rate)
TARIFF SHEET NO. 7 - STAND PIPE & FIRE HYDRANT SERVICE
TARIFF SHEET NO. 8 - METER AND SERVICE CONNECTION CHARGES
TARIFF SHEET NO. 9 - SERVICE CHARGES
TARIFF SHEET NO. 10 - DEPOSITS
TARIFF SHEET NO. 11 - DEVELOPMENT FEE
TARIFF SHEET NO. 12 - INDIVIDUAL METERS - TRAILER PARKS
TARIFF SHEET NO. 13 - CROSS-CONNECTION CONTROL
TARIFF SHEET NO. 14 - TERMINATION/ABANDONMENT PROCEDURE

TARIFF SHEET NO. 15 - RELOCATION ASSESSMENT

TARIFF SHEET NO. 16 - CURTAILMENT PLAN FOR DONEY PARK WATER

TARIFF SHEET NO. 1 - GENERAL TERMS AND CONDITIONS

Water service provided by Doney Park Water ("Company") is provided pursuant to the Articles of Incorporation and Bylaws of Company, the terms and conditions governing water utilities as adopted by the Arizona Corporation Commission ("Commission"), in particular A.A.C. R14-2-401 through R14-2-411, as well as any other applicable law or regulation governing the provision of water service in the State of Arizona, unless modified by a specific tariff provision approved herein.

TARIFF SHEET NO. 2 - WATER DISTRICT BOUNDARY

TARIFF SHEET NO. 3 - GENERAL SERVICE (D-RATE)

This rate is applicable for water used for residential use only, within the service area established by the Arizona Corporation Commission and where no other specific tariff is on file.

MONTHLY MINIMUM CHARGE

Meter Size

Summer rates are effective for water usage in May, June, July and August and billed June, July, August and September.

ADJUSTMENTS

Plus any special assessments, taxes or surcharges that are or may be imposed by any governmental agency.

TARIFF SHEET NO. 4 - COMMERCIAL SERVICE (C-RATE)

This rate is applicable, unless a more specific tariff is on file, to water used for: 1) anything other than residential use within the service area established by the Arizona Corporation Commission; 2) permanent structures and facilities designed for multi-family residential use including, but not limited to, an apartment complex, mobile home park; and 3) more than one (1) structure capable of overnight, human habitation (e.g., guest houses, mobile homes, etc.) legally established on a single lot and legally being served through a single meter. All structures, including mobile homes, are presumed to be permanent. The presumption may be overcome by evidence that the parcel is already metered and the structure will remain on the lot for 120 days or less.

MONTHLY MINIMUM CHARGE

Meter Size

Summer rates are effective for water usage in May, June, July and August and billed June, July, August and September.

ADJUSTMENTS

Plus any special assessments, taxes or surcharges that are or may be imposed by any governmental agency.

TARIFF SHEET NO. 5 - WHOLESALE SERVICE (W-RATE)

This rate is applicable to water provided to persons and/or entities who request water service to independent water distribution systems on a wholesale basis (e.g., the National Park Service at the Sunset Crater National Monument), but only to the extent there are waters supplemental to, and in excess of , the potable water supply necessary to serve Company's retail water customers, as determined by Company.

MONTHLY MINIMUM CHARGE

Meter Size

Summer rates are effective for water usage in May, June, July and August and billed June, July, August and September.

NATURE OF SERVICE

This rate is available only so long as Company has waters supplemental to, and in excess of, the potable water supply necessary to service Company's retail customers. Company shall take such steps as are necessary to protect against adverse impacts on its retail water customers.

Company may, by agreement, limit the days of the week and/or time of day water service will be available.

Company may, by agreement, limit the rate of delivery and the total amount of water which will be provided under this tariff.

TARIFF SHEET NO. 5a - WHOLESALE SERVICE (W-RATE)

In the event customer fails to comply with any appropriate provisions of law, or if, in the sole opinion of Company, water quality, water availability, force majeure (as that term is commonly understood), or acts or occurrences beyond the control of either party materially interfere with the present or prospective ability of Company to deliver water under this tariff, Company may interrupt, curtail or halt said deliveries without prior notice to customer. The failure of Company to deliver water shall be excused so long as Company determines the conditions interfering with performance continue, or until the Arizona Corporation commission orders otherwise.

ADJUSTMENTS

Plus any special assessments, taxes or surcharges that are or may be imposed by any governmental agency.

TARIFF SHEET NO. 6 - FIRE SPRINKLER SERVICE (F-Rate)

This rate is applicable to unmetered water delivered through fire sprinklers.

Company will supply only such water at such pressures as may be available from time to time as a result of the normal operation of its water system. Company does not guarantee a specific water pressure or gallons-per-minute flow rate at any of the fire sprinklers installed. In the event service is interrupted, or irregular, or defective, or fails from causes beyond Company's control or through the ordinary negligence of its employees, servants or agents, Company will not be liable for any injuries or damages arising therefrom.

The customer shall make no claim against Company for any loss or damage resulting from services provided under this tariff, except for Company's gross negligence.

Water shall not be used from fire sprinklers for any purpose other than fire protection unless prior written consent is obtained from Company, and charges will be made therefore at the estimated quantity rates under Company's General Service Rate.

Adjustments

Plus any special assessments, taxes or surcharges that are or may be imposed by any governmental agency.

TARIFF SHEET NO. 7 - STAND PIPE & FIRE HYDRANT SERVICE (S-Rate)

This rate is applicable to:

1) metered water for residential purposes from Company stand pipes designated for the use of hauling water for residential use.

2) metered water for construction and non-residential purposes (e.g., testing of fire hydrants and practice fire-fighting exercises) from Company stand pipes and fire hydrants; and

3) unmetered water for emergency fire-fighting purposes.

Summer rates are effective for water usage in May, June, July and August.

The Company will only supply water on a when-and-if available basis as determined by Company. Water will be supplied only during normal working hours, except where a coin-operated stand pipe is available.

Company will supply only such water at such pressures as may be available from time to time as a result of the normal operation of its water system. Company does not guarantee a specific water pressure or gallons-per-minute flow rate at any of the fire hydrants or stand pipes installed. In the event service is interrupted, or irregular, or defective, or fails from causes beyond Company's control or through the ordinary negligence of its employees, servants or agents, Company will not be liable for any injuries or damages arising therefrom.

The customer shall make no claim against Company for any loss or damage resulting from services provided under this tariff, except for Company's gross negligence.

TARIFF SHEET NO.7a - STAND PIPE & FIRE SPRINKLER SERVICE (S-RATE)

This tariff does not require Company to install, to allow the installation of, or to pay for the installation of any public stand pipe or fire hydrant. The installation, repair and maintenance of public stand pipes and/or fire hydrants is subject to an advance-in-aid-of-construction agreement, a contribution-in-aid-of-construction agreement, and/or a maintenance agreement as may be required by Company. Company shall own any public stand pipe or fire hydrant connected to Company's water system. No public stand pipe or fire hydrant shall be installed on the customer's side of the meter without Company's written permission, which permission may be withheld at Company's discretion.

Water shall not be used from fire stand pipes or fire hydrants for any purpose other than fire protection unless prior written consent is obtained from Company.

No unmetered service is permitted from company stand pipes or fire hydrants, except (1) for emergency fire-fighting purposes by legally established public fire protection agencies having responsibility to provide general protection within the Company's service area or (2) with prior written consent of Company where Company has determined metering is not feasible.

where unmetered service for emergency fire-fighting purposes is permitted by this tariff, Company shall be notified as soon as practical of the initiation of service. Company requires all nonemergency unmetered service to be scheduled in advance. When Company personnel are present at the time of use, they are authorized to regulate and estimate water use. When Company personnel are not present, the customer shall provide Company such information as Company may deem necessary to estimate the usage. Billings shall be based on Company's estimates of usage. Unless otherwise agreed to by Company, such information shall be provided Company on the first business day following any such use.

Adjustments

Plus any special assessments, taxes or surcharges that are or may be imposed by any governmental agency.

TARIFF SHEET NO. 8 - METER AND SERVICE CONNECTION CHARGES

These charges are an advance in aid of construction and will be repaid by Company by an annual credit of one-tenth of the amount received by Company; said credit to be applied to the November bill of each year until fully paid.

Company may, at its option, require the customer to enter into a contribution-in-aid-of-construction or advance-in-aid-of-construction agreement pursuant to A.A.C. R14-2-406 in lieu of this tariff.

Adjustments

In addition to the foregoing charges, Company shall bill and customer shall pay, as a condition for the receipt of water service, the actual costs of pavement cuts and/or road borings necessary to accomplish the meter or service line installation, plus any special assessments, taxes or surcharges that are or may be imposed by any governmental agency.

METERS MOVED AT CUSTOMER'S REQUEST

Whenever a meter is moved at a customer's request or becomes necessary due to actions of the customer (e.g. , lot lines are changed) , the customer shall be charged the cost incurred by company in moving the meter. In the event a meter must be relocated to comply with the rules and regulations of the Arizona Corporation Commission (e.g., to place the meter on the customer's property) and the person who created the situation requiring the meter to be relocated is no longer a customer of Company, the lot owner whose service is no longer in compliance with Arizona Corporation Commission rules shall be charged the cost incurred by Company in moving the meter. Cost shall include the cost of any line extension, labor, materials, engineering, document preparation, overhead, plus all applicable taxes, surcharges or special assessments that are or may be imposed by any governmental agency.

TARIFF SHEET NO. 9 - SERVICE CHARGES

a. Service Establishment
A non-refundable service establishment charge of $25.00 will be added to the customer's bill each time Company is requested to establish water service to Company's delivery point (turn on). The service establishment charge will be $37.50 if the customer requests water service to be established after Company's normal working hours.

b. Service Reconnection
A non-refundable service reconnection charge of $25.00 must be paid by the customer prior to the reestablishment of water service each time the water is disconnected for non-payment or whenever the service is disconnected for failure otherwise to comply with Company's fixed rules, regulations or orders of the Commission and/or the laws of the State of Arizona. The service reconnection charge shall be $37.50 if the customer requests water service to be reestablished after the Company's normal working hours.

c. Service Reestablishment
A non-refundable service reestablishment charge equal to the monthly minimum charge for the number of months the customer is off the system must be paid by the customer prior to the reestablishment of water service at the same location where the same customer, or a member of the customer's household, had ordered a service disconnection within the preceding twelve-month period.

d. Turn Off/Turn On
A non-refundable charge of $25.00 shall be added to the customer's bill each time customer requests Company turn off and/or turn on water service (e.g., a temporary turn off to assist in the repair of a leak on the customer's side of the meter) and the turn off and turn on does not constitute an establishment, reconnection or reestablishment of service. The charge will be $37.50 if the customer requests water service to be turned on or turned off after Company's normal working hours.

e. Meter Test
Meters will be tested at the customer's request after the Company has received a testing fee of $35.00 before the bill becomes delinquent. If the meter is found to be in error by more than three percent (3%) the testing fee will be refunded by a credit on the customer's next bill.

f. Insufficient Funds (Checks Returned)
A charge of $15.00 will be added to the customer's next bill if a check is returned from the bank for insufficient funds (NSF).

Additionally, the company may require the customer to make payments in cash, money order, certified check, or other means acceptable to the Company. Tendering of an NSF check does not relieve the customer of his/her obligation to make timely payment on the original billing, nor relieve the customer from any late payment penalty charge and/or termination of service by the Company as provided for in these tariffs.

g. Deferred Payment
Company may, prior to termination of service, offer to qualifying residential customers a deferred payment plan for the customer to retire unpaid bills for water services. To qualify, the customer must demonstrate an inability to pay the outstanding bill and enter into a written agreement: 1) to pay a reasonable amount of the outstanding bill at the time the parties enter into the deferred payment plan, 2) to pay the remaining outstanding balance in equal installments over a period not to exceed six (6) months, and 3) to pay all future bills for water service before they become delinquent, in addition to the deferred payment. A deferred payment charge of 1.50% per month of the outstanding balance will be added to the bill. Failure to comply with the terms of a deferred payment agreement shall be grounds to terminate service upon ten (10) days advance written notice either left with the customer or posted first class in the United States mail, addressed to the customer's last known address.

h. Meter Reread
Meters will be reread at the customer's request after the Company has received a reread fee of $15.00 before the bill becomes delinquent. If the reread indicates that the meter was over-read, the fee will be refunded or, at Company's option, credited on the customer's bill.

i. Late Payment Penalty
Bills are due and payable when rendered. Any payment not received within fifteen (15) days from the date the bill was rendered shall be considered delinquent. Any payment made more than twenty-five (25) days after the date the bill is rendered shall be subject to a late payment penalty of 1.50% per month of the outstanding balance.

j. Damage Charge
The actual cost of repair shall be added to the customer's bill if damage is incurred to Company's meter locks, valves or seals dedicated to service customer. This charge is in addition to any other remedy available to Company at law or equity.

Adjustments.

Any special assessments, taxes or surcharges that are or may be imposed by any governmental agency on the Services Charges set forth above may be added to the customer's bill.

TARIFF SHEET NO. 10 - DEPOSITS

A separate deposit may be required for each meter installation.

Residential customer deposits shall be two times the average residential class bill as evidenced by the utility's most recent annual report filed with the Commission.

Nonresidential customer deposits shall be two and one-half times that of customer's estimated maximum monthly bill.

The utility may review the customer's usage after service has been connected and adjust the deposit amount based upon the customer's actual usage.

Company shall refund residential deposits, with interest, within 30 days after:

a. 12 consecutive months of service without being delinquent in the payment of company bills; provided Company may require the deposit be reestablished if the customer is delinquent in the payment of bills 2 or more times within a 12 consecutive-month period; or

b. Upon discontinuance of service and after the customer has paid all outstanding amounts due Company.

Upon discontinuance, the deposit may be applied by company toward settlement of customer's bill.

Interest shall be computed on an annual basis at the one-year Treasury Bill rate as published in the Wall Street Journal, as determined annually as of January 1 of each year.

TARIFF SHEET NO. 11 - DEVELOPMENT FEE

Each "new" customer desiring water service from the Company shall, in addition to any other rate or charge, pay a Development Fee of $2,000.00. The Fee is payable at time of application.

For the purpose of this tariff, a "new" customer is a customer seeking water service to a structure, lot or parcel never previously receiving water. For residential purposes, the Development Fee shall be assessed for each dwelling unit (e.g., shall be assessed for each trailer space, multi-family dwelling, apartment, condominium, etc.). The Development Fee for structures not primarily intended for habitation (e.g., an office building, shopping center store, restaurant, etc.) shall be subject to an upward adjustment based upon the relationship the customer's projected water usage has to the combined average system-wide water usage. For example, where projected water use is 18,000 gallons per month and average system wide water usage is 6,000 gallons per month (18,000/6,000 or 3/1), the Development Fee would be $6,000.

The Development Fee shall be subject to the following provisions:

a. The Development Fee may be assessed only once per lot or parcel; provided, however, if, after the Development Fee is paid, additional dwelling units are located on the lot or parcel or the use for structures not primarily intended for habitation is increased such that the current use on the lot or parcel would have resulted in a higher Development Fee than what has previously been paid for the lot or parcel, the Company shall re-compute the Development Fee and assess the current customer the portion of the Development Fee not previously paid.

b. The Development Fee must be placed in a separate, interest-bearing account.

c. The Development Fee may only be used to pay for capital items of backbone plant and shall not be used for expenses, maintenance or other operational purposes.

d. The Development Fee shall be in addition to any costs associated with main extension agreements for on-site facilities.

e. The Development Fee may be used as collateral for and to repay loans for expansion and/or improvements of Company's backbone plant.

f. Company may request, and ACC Staff may administratively permit, the Development Fee to be used for other emergency purposes on such terms and conditions as the Staff may deem appropriate, e.g., repayment within a specified period of time.

Backbone plant, as used herein, is defined as wells, storage tanks and pumping stations, along with the associated controls, piping, electrical line extensions, and appurtenances. Water transmission mains, which add to the water system's overall capacity or reliability, which would not otherwise be recoverable pursuant to an advance-in-aid-of-construction agreement or line extension agreement, may also be included in backbone plant.

TARIFF SHEET NO. 12 - INDIVIDUAL METERS - TRAILER PARKS

All trailer spaces at new trailer parks and additions to existing trailer parks shall be individually metered. Rates and charges applicable to single-family residences (D-Rate) shall apply to each meter so installed.

TARIFF SHEET NO. 13 - CROSS-CONNECTION CONTROL

PURPOSE:
To protect the public water supply throughout Company's water system from the possibility of contamination caused by backflow through unprotected cross-connections by requiring the installation and periodic testing of backflow-prevention assemblies pursuant to the provisions of the Arizona Administrative Code, ("A.A.C.") R14-2-405.B.6 and A.A.C. R18-4-115.

INSPECTIONS:
The member/customer shall cooperate fully with company in its efforts to investigate and determine the degree of potential health hazard to the public water supply which may result from conditions existing on the member/customer's premises.

REQUIREMENTS:
In compliance with the Rules and Regulations of the Arizona Corporation Commission and the Arizona Department of Environmental Quality, specifically A.A.C. R14-2-405.B.6 and A.A.C. R18-4-115 relating to backflow prevention:

1. Company may require a member/customer to pay for, install and maintain backflow-prevention assembly if A.A.C. R18-4-115.B or C applies.

2. A backflow-prevention assembly required to be installed by the member/customer under this tariff shall comply with the requirements set forth in A.A.C. R-18-4-115.D and E.

3. Subject to the provisions of A.A.C. R14-2-407 and 410, and in accordance with Sections 1 and 7 of this Tariff, the Company may terminate service or may deny service to a member/customer who fails to install or test a backflow-prevention assembly as required by this tariff.

4. Company shall give any member/customer who is required to install and/or test a backflow-prevention assembly written notice of said requirement. If A.A.C. R14-2-410.B.l.a. is not applicable, the member/customer shall be given thirty (30) days in which to comply with this notice. If the member/customer can show good cause as to why he or she cannot install the device within thirty (30) days, Company or the Arizona Corporation Commission Staff may grant additional time for this requirement.

5. Testing shall be in conformance with the requirements of A.A.C. R18-4-115.F. Company shall not require an unreasonable number of tests, although each backflow-prevention device must be tested at least once per year.  The member/customer shall pay to have the backflow-prevention assembly tested as long as Company does not require an unreasonable number of tests.  Member/customer may request and Company may secure testing for the member/customer in accordance with Section 8.b. of this Tariff. 

6. If the backflow-prevention assembly is installed and/or tested by someone other than Company, the member/customer shall provide Company with records of installation and testing.  Fore each backflow-prevention assembly, these records shall include:

a. assembly identification number and description;
b. location;
c. date(s) of test(s);
d. description of repairs and recommendation for repairs made by tester; and
e. tester's name and certificate number.

If the Company installs and/or tests the backflow-prevention assembly, the Company shall be responsible for providing the necessary records related to the Company supplied action. 

7. Customers shall annually provide Company an inspection checklist and affidavit relating to the customer's plumbing and potential backflow hazards.

DISCONTINUANCE OF SERVICE:

8. In accordance with A.A.C. R14-2-407 - and 410 and provisions of this Tariff, Company may terminate service or deny service to a member/customer who fails to install and/or test a backflow-prevention assembly as required by this Tariff.

        a. In the event the backflow-prevention assembly has not been installed, does not function properly or fails any test and an obvious hazard as contemplated under A.A.C. R14-2-410.B.l.a. is applicable, Company may terminate service immediately and without notice. The backflow-prevention assembly shall be installed, repaired, or replaced by the member/customer and retested before service is restored.

        b. In the event the backflow-prevention assembly has not been installed, does not function properly, fails any test or in the event that a member/customer fails to comply with testing requirements and A.A.C. R14-2-410.B.i.a. is not applicable, the backflow-prevention assembly shall be installed, repaired or replaced by the member/customer and retested within fourteen (14) days of the initial discover of the deficiency in the assembly or its function.  Failure to install or to remedy the deficiency or dysfunction of the assembly, or failure to retest, shall be grounds for termination of water utility service in accordance with A.A.C. R14-2-410.

        c. The failure of the member/customer to annually provide Company with the information required by the Section 6 of this Tariff indicating that the backflow-prevention assembly is functioning properly shall be grounds for termination of water utility service in accordance with A.A.C. R14-2-410.

 COMPANY SUPPLIED BACKFLOW ASSEMBLIES AND TESTING

9. Company as a convenience to its member/customers may, in accordance with this Tariff and on a non-discriminatory basis, offer to:

        a. Provide and install, at Company's cost, double check backflow-prevention assemblies at properties that have, or are zoned to permit, horses and other livestock.  Company may set a maximum number of backflow-prevention devices the Company will supply during a year and minimum criteria that must be met to qualify for a Company supplied backflow-prevention assemblies.  Installation of Company supplied backflow-prevention assemblies by Company shall be subject to the availability of Company staff, as determined by Company.  Member/customers shall make a written request for Company provided backflow-prevention assemblies on a form provided by Company.

        b. Secure the testing of backflow-prevention assemblies on the member/customer's behalf and to include the cost thereof on member/customer's water bill.  If the Company elects to secure testing on the member/customer's behalf, a cutoff date shall be set when the customer/member files with the Company a written request for a Company secured test.  Failure of the Company to receive a written request for a Company secured test.  Failure of the Company to receive a written request from the member/customer on or before the date set by Company, shall be deemed a rejection of the offer by the member/customer.  If the member/customer does not accept the offer, the member/customer must have the backflow-prevention device tested on their own and comply with sections 5 and 6 of this Tariff or their water service will be subject to termination in accordance with section 7 of this Tariff.
 

10. If the member/customer has requested the Company provide, install and/or test a backflow-prevention assembly in accordance with this Tariff:

        a. The member/customer shall provide safe and clear access to the backflow-prevention assembly location for installation and/or testing by the Company.  If the technician cannot access the backflow-prevention device for installation and/or testing, the member/customer will be required to have the device installed and/or tested on his or her own.  The member/customer will still be required to pay for the test that was attempted by Company. 

        b. The member/customer shall be relieved of their obligation to install, test, maintain and repair a backflow-prevention assembly, except that; i) any backflow-prevention assembly installed by Company shall be deemed to meet the requirements of A.A.C. R18-4-115.D and E and to be functioning at the time of installation and ii) any tested conducted by Company and paid for by the member/customer shall be deemed to comply with the requirements of A.A.C. R18-4-115.F.

        c.  Failure to provide safe and clear access for installation or testing or to pay for a Company secured test shall be deemed a failure to install or test a required backflow-prevention assembly and be grounds for termination of water utility service in accordance with section 7 of this Tariff. 

TARIFF SHEET NO. 14 - TERMINATION/ABANDONMENT PROCEDURE

The following has been duly adopted as the billing and termination procedures of the Company:

Bills are due and payable when rendered. Any bill not paid within fifteen (15) days from the date rendered is delinquent and subject to termination.

Any bill which has not been paid within twenty-five (25) days from the date rendered is subject to the late-payment penalty authorized by the Company's tariffs.

If a prior bill remains unpaid at the time of billing, a ten (10) day notice of intent to disconnect water service shall be included in the billing statement. Said notice shall notify the customer of 1) the amount owed, including late fees, current billing charges, and any other applicable charges; 2) the date after which service may be terminated; and 3) a phone number or address where the customer may dispute the termination.

If payment is not made prior to the termination date, the Company may, without further notice, terminate water service.

If a bill is not paid within ten (10) days after termination, the Company may notify the customer in writing of its intent to completely remove the meter thirty (30) days from the date notice of removal is rendered and that such removal shall be deemed abandonment of the meter and withdrawal from membership in the Company.

If the bill still remains unpaid, removal may be undertaken without further notice after the date set forth in the notice of removal. At such time, the customer will be deemed to have abandoned his service, to have withdrawn from membership in the Company, and will be eligible for refund (after deducting the accrued unpaid balance on the account) of the meter and service connection fee and customer deposit held by the Company on the customer's account.

The lot or parcel where a meter has been abandoned may only receive water service through reapplication and paying all applicable fees including, but not limited to, the applicable establishment fee, meter charge, service connection charge (provided the preexisting service connection is no longer usable), and Development Fee (provided a Development Fee has not been previously paid for the lot or parcel).

TARIFF SHEET NO. 15 - RELOCATION ASSESSMENT
 

A. Generally.
 

From time to time governmental entities are formed, or use existing powers, to make on or more public improvements, such as roads, in particular area(s) (an "Improvement Area") and pay for such public improvements by assessing the landowners within the Improvement Area all or most of the cost of the improvement(s).  In order to facilitate the improvement, the Company may be asked, or required, to relocate its facilities.  This Tariff is designed to encourage those governmental entities to include the cost of relocating utilities in their assessment for the improvement, and thereby have the benefited landowners pay for the relocation of the company's facilities.  However, in instances where the governmental entity declines to pay for the relocation costs and recover them as part of its general assessment, this Tariff authorizes the Company to collect the actual costs of relocating its facilities from those members residing within the Improvement Area.  It is limited to those instances where a governmental entity has been created for the purposes of making public improvements to a particular area to an existing governmental entity has identified a specific area/landowners to be assessed with the costs of the improvement.  This Tariff is designed to have the cost of relocating Company's facilities in connection with the improvement to be included in and paid by members within the same designated area otherwise being assessed for the improvement(s) that have caused the Company to incur relocation costs.

B. Procedure.

1. Within sixty (60) days of receiving written notice of the requirement to relocate facilities to accommodate a public improvement ( the "Initial Notice"), the Company shall provide the noticing entity with a copy of this Tariff and request the following information:

        a. The name of the governmental entity and a contact name and address for the project with the governmental entity (if not already provided in the Initial Notice to the Company);

        b. A timetable for the project (if not already provided in the Initial Notice to the Company); and

        c. To state whether the public improvement is designed to benefit a particular Improvement Area (that is a specific area where the landowners therein will be assessed with all or a portion of the costs of the improvement) and if so:

                (i) a legal description and map of the Improvement Area;

                (ii) a map identifying all parcels within the Improvement Area;

                (iii) a listing of all landowners, and their mailing address, within the Improvement Area; and

2. Within sixty (60) days of determining the identity of the governmental entity involved in making the public improvement (of the time for responding under 1 above), whichever is later, the Company shall provide a written request that the governmental entity pay the cost of relocating the Company's facilities and include such cost as part of the cost of making the public improvement to be otherwise assessed.  This written request shall include a copy of this Tariff and indicate that if the Company is required to relocate facilities at its own costs, it will make the Relocation Assessment allowed under this Tariff.  (Note, where appropriate items 1 and 2 may be combined in a single notice.)

3. Where the governmental entity agrees to pay the cost of relocation, the governmental entity's agreement to pay the costs of relocation shall be reduced to writing a copy thereof, along with other pertinent records, shall be kept by the Company until the Company files its next general rate application.

4. Within thirty (30) days of receiving an Approval to Construct from the Arizona Department of Environmental Quality, or its delegee, the Company shall provide the entity has not agreed to pay the cost of the relocation, the Company shall include the estimated gross per acre Relocation Assessment it will impose unless the governmental entity agrees to pay the cost of relocation.

5. If the governmental entity has not agreed to pay the relocation costs, the Company shall make reasonable efforts to provide written notice of this Tariff and the estimated gross per acre Relocation Assessment to the landowners within the Improvement Area and bill the landowner for their pro rata share of the Relocation Assessment as calculated below based upon the estimated costs.  The Company will be deemed to have made reasonable efforts to provide written notice if the Company uses the list of landowners provided by the governmental entity or, if no list has been so provided, if the Company uses County Assessor records.  The Company may use County Assessor records purchased from third parties so long as the third party listing was updated within the last ten (10) months. 

6. Within sixty (60) days of completing relocation of the Company's facilities, the Company shall record, in the office of the County Recorder, a document describing the Improvement Area, stating the gross per acre Relocation Assessment charge and that such charge has been and will be assessed pursuant to this Tariff (the "Recorded Notice").

C. Computation of Relocation Assessment.

1.  The Company's customers within the Improvement Area shall be responsible for paying the actual costs incurred by Company (including, without limitation, engineering, permitting, administration, materials and labor) to relocated Company's facilities where such relocation is required by a governmental entity.  Only the actual cost incurred by the Company to relocated the Company's facilities will be included in the Relocation Assessment.  The relocated facility shall meet applicable minimum design criteria mandated by applicable government entities.  The costs included are only those specifically related to the relocated facility.  If the relocation project is to include over sizing of the facilities, appropriate details will be set forth in the specifications and cost estimates.  Any such oversizing shall be done at the Company's expense and not included in the calculations of the Relocation Assessment.

2. Company shall divide the actual cost of relocating its facilities by the number of acres in the Improvement Area to determine the "gross per acre Relocation Assessment".  Each customer shall be responsible for its pro rata share of the Relocation Assessment determined by multiplying the gross per acre Relocation Assessment by the number of acres in the parcel seeking service.

3. A charge of 1/4 of one percent per month shall accrue on the Relocation Assessment commencing the first day of the sixth month following the recording of the Recorded Notice with the County Recorder. 

D. Time for Payment.

1. The Relocation Assessment shall be due and payable:

        a. For Existing Customers: Thirty (30) days after being billed as set forth in Paragraph B.5 above and, if applicable, in Paragraph D.1.c. below; provided, however, where the assessment exceeds $1,000, the payment may be made in up to twelve (12) equal payments if the customer requests a payment agreement prior to the due date for the Relocation Assessment. 

        b. For New Customers: Prior to the installation of the water meter.

        c. Within thirty (30) days after the Recorded Notice is filed with the County Recorder, the Company shall mail and adjusted bill to reflect the landowner/customer's pro rata share of the total Relocation Assessment to reflect the actual costs incurred by the Company and any excess payment shall be refunded to the landowner/customer and any underpayment shall be billed to the landowner/customer.

2. In the event the Company must institute collection actions, including but not limited to instituting a court action due to non-payment of the Relocation Assessment, Customer shall also pay the Company's reasonable costs and attorney's fees incurred in collecting the unpaid Relocation Assessment.

E. Payments as Contributions.

The amounts collected by the Company pursuant to this Tariff shall be treated as a contribution by Company.  The Company shall keep all pertinent records until its next general rate application.

F. Availability of Tariff and Contact for Further Information.

In addition to providing copies of this Tariff as specified above, a copy shall be provided to any customer, upon request.  A customer is encouraged to contact the Company at the number set forth above if they have any questions regarding the terms, conditions or applicability of the Tariff.  If such questions are not satisfactorily resolved by the Company, the customer can contact the Arizona Corporation Commission's Consumer Services Section at 1-800-222-7000.

TARIFF SHEET NO. 16 - CURTAILMENT PLAN FOR DONEY PARK WATER  

Doney Park Water ("Company") is authorized to curtail water service to all member/customers, within its certificated area under the terms and conditions listed in this tariff.

This curtailment plan shall become part of the Arizona Department of Environmental Quality Emergency Operations Plan for Company.

Company shall notify its member/customers of this new tariff as part of its next regularly scheduled billing after the effective date of the tariff or no later than sixty (60) days after the effective date of this tariff. 

Company shall provide a copy of this tariff to any member/customer, upon request.

Stage 1 Exists When:

Company is able to maintain water storage in the system at 100 percent of capacity and there are no known problems with its well production or water storage in the system.

Restrictions: Under Stage 1, Company is deemed to be operating normally and no curtailment is necessary.

Notice Requirements: Under Stage 1, no notice is necessary.

Stage 2 Exists When:

        a. Company's water storage or well production has been less than 80 percent of capacity of at least 48 consecutive hours, and

        b. Company has identified issues such as a steadily declining water table, increased draw down threatening pump operations, or poor water production, creating a reasonable belief Company will be unable to meet anticipated water demand on a sustained basis.

Restrictions: Under Stage 2, Company may request the member/customers to voluntarily employ water conservation measures to reduce water consumption by approximately 50 percent.  Outside watering should be limited to essential water, dividing outside watering on some uniform basis (such as even and odd days) and eliminating outside watering on weekends and holidays.

Notice Requirements: Under Stage 2, Company is required to notify member/customers by delivering written notice door to door at each service address, or by United States first class mail to the billing address or, at Company's option, both.  Such notice shall notify the member/customers of the general nature of the problem and the need to conserve water.

Stage 3 Exists When:

        a. Company's total water storage or well production has been less than 50 percent of capacity for at least 24 consecutive hours, and

        b. Company has identified issues such as a steadily declining water table, increased draw down threatening pump operations, or poor water production, creating a reasonable belief Company will be unable to meet anticipated water demand on a sustained basis.

Restrictions: Under Stage 3, Company shall request the member/customers to voluntarily employ water conservation measures to reduce daily consumption by approximately 50 percent.  All outside watering should be eliminated, except livestock, and indoor water conservation techniques should be employed whenever possible.  Standpipe service shall be suspended.

Notice Requirements:

1. Company is required to notify member/customers by delivering written notice to each service address, or by United States first class mail to the billing address or, at Company's option, both.  Such notice shall notify the member/customers of the general nature of the problem and the need to conserve water.

2. Beginning with Stage 3, Company shall post at least five (5) signs showing the curtailment stage.  Signs shall be posted at noticeable locations, such as well sites and at the entrance to major subdivisions served by Company.

3. Company shall notify the Consumer Services Section of the Utilities Division of the Corporation Commission at least 12 hours prior to entering Stage

Once Stage 3 has been reached, Company must begin to augment the supply of water by either hauling or through an emergency interconnect with an approved water supply in an attempt to maintain the curtailment at a level no higher than Stage 3 until a permanent solution has been implemented.

Stage 4 Exists When:

        a. Company's total water storage or well production has been less than 25 percent t of capacity for at least 12 hours, and

        b. Company has identified issues such as a steadily declining water table, increased draw down threatening pump operations, or poor water production, creating a reasonable belief Company will be unable to meet anticipated water demand on a sustained basis.

Restrictions: Under Stage 4, Company shall inform the member/customers of a mandatory restriction to employ water conservation measures to reduce daily consumption.  Failure to comply will result in member/customer disconnection.  The following uses of water shall be prohibited:

• Irrigation of outdoor lawns, trees, shrubs, or any plant life is prohibited
• Washing of any vehicle is prohibited
• The use of water for dust control or any outdoor cleaning uses is prohibited
• The use of drip or misting systems of any kind is prohibited
• The filling of any swimming pools, spas, fountains, or ornamental ponds is prohibited
• The use of construction water is prohibited
• Restaurant patrons shall be served water only upon request
• Any other water intensive activity is prohibited

Company's operation of its standpipe service is prohibited.  The addition of new service lines and meter installations is prohibited. 

Notice Requirements:

1. Company is required to notify member/customers by delivering written notice to each service address, or by United States first class mail to the billing address or, at Company's option, both.  Such notice shall notify the member/customers of the general nature of the problem and the need to conserve water

2. Company shall post at least five (5) signs showing the curtailment stage.  Signs shall be posted at noticeable location, such as well sites and at the entrance to major subdivisions served by Company.

3. Company shall notify the Consumer Services Section of the Utilities Division of the Corporation Commission at least 12 hours prior to entering Stage 4.

Member/customers who fail to comply with the above restrictions will be given a written notice to end all outdoor use.  Failure to comply within two (2) working days of receipt of the notice will result in temporary loss of service until an agreement can be made to end unauthorized use of outdoor water.  To restore service, the member/customer shall be required to pay all authorized reconnection fees.  If a member/customer believes he/she has been disconnected ion error, the member/customer may contact the Commission's Consumer Services Section at 1-800-222-7000 to initiate an investigation.

Once Stage 4 has been reached, Company must augment the supply of water by hauling or through an emergency interconnect from an approved supply or must otherwise provide emergency drinking water for its member/customers until a permanent solution has been implemented.

SUMMARY
RATES AND CHARGES

Residential Monthly Service Rate:

Commodity Rate

Stand Pipe & Fire Hydrant
$ 6.90 Per 1,000 (Winter)
$ 8.63 Per 1,000 (Summer)

Commercial Monthly Service Rate:

Commodity Rate

Fire Sprinkler Service
1% of Monthly minimum for comparable sized meter, but not less than $5.00 per month.

SUMMARY - SERVICE CHARGES

SERVICE LINE AND METER INSTALLATION CHARGES

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