§ 134-33. Interrupted, discontinued, suspended and failure to deliver service.

A.

The District shall not contractually allocate more IQ Water than can reasonably be made available during the low flow/high demand period as determined by the District. The amount of IQ Water available for allocation to Major Users will be determined as follows:

1.

The lowest daily flow of wastewater influent available for treatment;

2.

Plus: the daily reliable flow from Supplemental Water Supplies;

3.

Minus: the Basic and Pressurized Users maximum month average daily demand.

B.

The District may interrupt or temporarily suspend or discontinue service to any portion of, or the entire IQ Water System as may be deemed necessary and appropriate by the District or as required by any regulatory authority or designee.

C.

The District will not be liable to Users for failure to deliver IQ Water if certain situations beyond the reasonable control of the District preventing delivery exist, such as, but not limited to: (1) unavailability of source water due to a loss or lack of influent to the wastewater reclamation facilities; (2) process failure; (3) noncompliant IQ Water; (4) equipment or material failure in the System, including failure of storage or pumping; (5) routine or emergency System or treatment facility repair or maintenance; (6) Force Majeure incidents or occurrences that makes it impossible, impractical or limits the ability of the District to provide IQ Water.

D.

At times, IQ Water demand may exceed the IQ Water supply. During these events, IQ Water service will be restricted and apportioned per District operating protocols, which will be published within six (6) months from the adoption of this Ordinance. The operating protocols shall provide that any reduction in supply to an existing User shall be applied on a prorated basis unless there is a physical reason why the existing Users cannot be treated equally.

E.

The District has the necessary facilities and capability to augment the District's System with certain non-potable water resources in order to enhance the application of IQ Water with Supplemental Water for irrigation or other approved purposes. All aspects of the District's use of such Supplemental Water to enhance the System, such as timing, volumes, blending, distribution, and pricing will be exclusively at the District's considered discretion. Supplemental Water shall be utilized for the benefit of all IQ Water Users.

(Ord. No. 2013-48, § 8)