The purpose of this chapter, is to allow the costs of maintaining and regulating the irrigation water system to be borne by users of the system. The costs shall be distributed to all users, direct and indirect, of the irrigation water system.
As used in sections of this chapter, unless the context otherwise requires:
"City"
means the city of Riverton, Wyoming, a municipal corporation.
"City maintained irrigation ditch"
means any irrigation ditch maintained by the city and specifically designated as such on that certain map entitled, Irrigation Water System Map of the City of Riverton, Wyoming, as adopted in Section 13.12.020.
"RVID"
means Riverton Valley Irrigation District.
"RVID user"
means a person who owns a tract as defined in this section.
"Tract"
means a parcel of land located within the corporate limits of the city, designated on a plat of record as being an individual lot, for which the city pays an annual water assessment to the RVID.
"Unit of real property"
means any:
1. 
Lot or part thereof; or
2. 
Contiguous lands which are under common ownership and devoted to a single use, within the city, and which, directly or indirectly, receive water for irrigation purposes from a city maintained irrigation ditch. Contiguous lands includes those separated by easements, sidewalks, alleys and rights-of-way.
"User"
means a person who owns a unit of real property.
(Prior code § 29-75)
A. 
The locations of all tracts, and all ditches which are maintained and regulated by the city as part of the irrigation water system, are as shown on a map entitled, Irrigation Water System Map of the City of Riverton, Wyoming," dated December 17, 1996, which map and all notations, references, data and other information shown thereon are by reference made a part of this chapter.
B. 
The official irrigation water system map shall be kept up to date by the public works director, and copies of the map shall be available for public use.
(Prior code § 29-76)
A. 
There is annually imposed a fee upon each tract. The fee will be determined by the city council annually pursuant to the provisions of Section 13.12.060, and will be calculated by adding the total amount paid by the city to the RVID for annual water assessments plus the amount incurred in reasonable administrative costs, and dividing this sum by the total number of tracts.
B. 
The public works director shall identify each tract subject to the fee and shall keep current an official irrigation water system map showing the location of each such tract.
C. 
The fee imposed in this section shall be included on the RVID user's city utility bill in July of each year, and must be paid in the manner provided in Section 13.12.050.
D. 
The fee imposed pursuant to the provisions of this section is established to be $3.60 per year.
(Prior code § 29-77)
A. 
There is annually imposed a user fee upon every unit of real property for which irrigation water is being used. The fee imposed for the maintenance and regulation of the irrigation water system, and shall include reasonable administrative costs.
B. 
Except as otherwise provided in subsection C of this section, the user fee imposed in this section shall be included on the user's city utility bill in 12 equal monthly installments and must be paid in the manner provided in Section 13.12.050.
C. 
The annual fee imposed pursuant to the provisions of this section is established to be $144 per year unless otherwise provided by resolution of the city council.
D. 
If any current water user should determine to cease to water from irrigation they must notify the city of that fact by March 1st of each year they determine to cease such use and remove all implementations of water removal from the water source.
(Prior code § 29-78; Ord. 11-005 § 1, 2011)
A. 
The city clerk shall, within the existing utility account billing system, establish an account for each tract and each unit of real property to which any or all of the charges referred to in Sections 13.12.030 and 13.12.040. All accounts so established shall be in the names of the property owner of each such tract or unit of real property.
B. 
The owner of each tract or unit of real property shall be solely liable for the payment of all fees imposed pursuant to Sections 13.12.030 and 13.12.040.
C. 
All fees imposed pursuant to Sections 13.12.030 and 13.12.040 of shall be due and payable as provided in Section 13.08.450.
D. 
Failure to pay any charges and fees when due shall constitute a violation of the provisions of Section 13.08.450, and the city may invoke the remedies provided in Sections 13.08.450, 13.08.460, 13.08.470 and 13.08.490. These remedies are cumulative and not exclusive and shall be in addition to all penalties provided by this code for violation of any provisions hereof. No change of ownership shall affect the application of this section.
(Prior code § 29-79)
A. 
The city council annually will review the fees established in Sections 13.12.030 and 13.12.040 as provided in this section.
B. 
The public works director shall determine the total annual costs necessary for the maintenance and regulation of the irrigation water system.
C. 
On February 1st of each year, or as soon thereafter as is reasonably practicable, the city clerk shall present in written form to city council for its consideration, an itemized report of the total sum paid by the city for annual water assessments to RVID and providing information concerning the reasonable administrative costs expended in connection therewith.
D. 
On February 1st of each year, or as soon thereafter as is reasonably practicable, the city clerk shall submit in written form to city council for its consideration, the following information:
1. 
Total expenditures for personnel, equipment and administrative costs;
2. 
Total dollar amount of claims made against the city; and
3. 
Total dollar amount of claims paid by the city, relating to the maintenance and regulation of the irrigation water system for the fiscal year immediately preceding the date of such report.
E. 
The city council may, by resolution and after public notice and hearing, adjust the fees set forth in Sections 13.12.030 and 13.12.040 as it deems necessary.
(Prior code § 29-80)
A. 
All fees collected pursuant to Section 13.12.030 shall be accounted for separately within the water fund and shall be used to offset payment of annual water assessments by the city to the RVID.
B. 
All fees collected pursuant to Section 13.12.040 shall be accounted for separately within the water fund and shall be used for the maintenance and regulation of the irrigation water system within the city.
(Prior code § 29-81)
A. 
Any person utilizing irrigation water that has not paid the user fee will be billed retroactively to the beginning of the irrigation season. Presence of dams, pumps or siphons shall be prima facie evidence of irrigation water use.
B. 
Unpaid for use shall constitute a misdemeanor. The maximum penalty for such misdemeanor is a five hundred dollar ($500.00) fine.
C. 
Any dam placed in a city maintained ditch must allow a minimum of one inch of water to flow over the top of the dam for the full width of the ditch or headgate.
D. 
The city may, after providing reasonable notice to the user or adjacent landowner, as the case may be, pull any dam that is adversely affecting the delivery of water to other users.
E. 
Flood irrigation from a ditch shall not be allowed except for farming and ranching operations on property zoned "AG" agriculture which receives prior authorization in writing from the city or property located at the termination of a ditch which receives prior authorization in writing from the city.
F. 
The maximum pump intake size shall be one and one-half inches in diameter and a maximum aggregate outflow of two and one-half inches, except for large land parcels which receive prior authorization in writing from the city.
G. 
The city may implement a water rationing program in an attempt to provide adequate water supplies to all users.
H. 
Pumps shall not be mounted on the metal plates covering diversions or siphon structures.
I. 
Altering siphons, diversion structures, headgates, silt traps and other appurtenances of the irrigation system is not allowed without prior authorization in writing from the city. Any unauthorized alteration shall constitute a misdemeanor.
(Prior code § 29-82; Ord. 01-005 § 1, 2001)