BITTER ROOT IRRIGATION DISTRICT OPERATING POLICIES
                  


I. LAND PROVISIONS

A. IRRIGABLE ACREAGE ADJUSTMENTS

1. TOTAL IRRIGABLE ACREAGE WITHIN THE DISTRICT WHICH SHALL BE INCLUDED ON THE DISTRICT’S ASSESSMENT ROLE SHALL BE CONFINED TO APPROXIMATELY 16,665 IRRIGATED ACRES

2. THE DISTRICT MAY ALLOW INCLUSIONS AND EXCLUSIONS OF IRRIGABLE ACREAGE  WITHIN THE DISTRICT. THIS PROCEDURE IS A LEGAL TRANSACTION AND WILL ONLY BE ALLOWED UNDER THE FOLLOWING CONDITIONS:

a. APPROVAL OF THE BOARD OF COMMISSIONERS

b. APPROVAL OF THE BUREAU OF RECLAMATION

c. APPROVAL OF THE DISTRICT COURT

B. ACREAGE LIMITATION

THE DISTRICT WILL COMPLY WITH THE RECLAMATION REFORM ACT OF 1982 (PUBLIC LAW 97-293) AS DIRECTED BY THE BUREAU OF RECLAMATION.


II. DISTRIBUTION OF WATER

A. GENERAL

1. THE EXISTING WATER SUPPLY FOR THE DISTRICT IS TO BE DISTRIBUTED TO ALL CLASSIFIED IRRIGABLE ACRES UNDER WATER RIGHTS VESTED IN THE NAME OF BITTER ROOT IRRIGATION DISTRICT.

2. WATER IS TO BE DISTRIBUTED ON THE BASIS OF BENEFICIAL USE ONLY. THE BOARD SHALL MAINTAIN CONTROL OF ALL APPROPRIATED AND PERMIT WATER, RETURN FLOWS, ITS USE, DISTRIBUTION, PRIORITY AND ALLIED FUNCTIONS.

3. AT THE DIRECTION OF THE BOARD, DETERMINATION OF THE IRRIGATION  SEASON TIMELINE WILL BE  SUBJECT TO CONDITIONS OF  WEATHER, SOIL MOISTURE AND AVAILABLE WATER SUPPLY.

4. THE DISTRICT MANAGER, UNDER THE DIRECTION OF THE BOARD, WILL ADMINISTER THE  STORAGE, RELEASE FROM STORAGE & DISTRIBUTION OF WATER TO LAND WITHIN THE   DISTRICT.

5. DITCHRIDERS WILL BE RESPONSIBLE FOR THE COMPLETE MANIPULATION OF WATER WITHIN THE DIVISIONS WHICH SHALL INCLUDE THE SAFE OPERATION OF ALL STRUCTURES, THE EXECUTION OF WATER ORDERS, AND THE ACCOUNTABILITY OF ALL WATER WITHIN THE DIVISION ON A DAILY BASIS.

6. ALL DISTRICT FACILITIES INCLUDING CHECK STRUCTURES AND FARM TURNOUT SHALL BE OPERATED SOLELY BY DISTRICT PERSONNEL. ANY OPERATION OF DISTRICT FACILITIES BY OTHERS WILL RESULT IN THE LOCKING OF SUCH FACILITIES. (MCA 85-7-1924)

7. THE DISTRICT OFFICE SHALL MAINTAIN DAILY RECORDS ON THE CANAL AND SHALL MAKE RECORDS AVAILABLE TO WATERUSERS UPON REQUEST.

8. THE DISTRICT RESERVES THE RIGHT TO SHUT DOWN OR DELAY DELIVERIES OF WATER IN  ORDER TO PERFORM EMERGENCY OR OTHERWISE NECESSARY MAINTENANCE OF THE  DISTRICT FACILITIES TO ASSURE SAFE AND EFFICIENT WATER OPERATIONS.

9. DISTRICT PERSONNEL AND WATERUSERS SHALL BE CONSCIENTIOUS OF EROSION PROBLEMS IN WASTEWAYS AND DRAINAGE SYSTEMS AND SHALL TAKE REASONABLE STEPS TO REDUCE SUCH EROSION PROBLEMS.

10. THE DISTRICT RESERVES THE RIGHT TO WITHHOLD OR STOP DELIVERIES TO WATER USERS WHO WASTE EXCESSIVE AMOUNTS OF THEIR ALLOTMENT.

11. DISTRICT POLICY WILL NOT ALLOW ANY NEW IRRIGATION DELIVERIES TO PARCELS OF LAND ON THE UPPER SIDE OF THE CANAL FROM THIS POINT FORWARD.


B. BASIC WATER ALLOTMENT: A BASIC WATER ALLOTMENT OF ½ MINER’S INCH PER ASSESSABLE ACRE
SHALL BE MADE AVAILABLE TO WATERUSERS.  THE AMOUNT OF IRRIGATED ACREAGE ASSIGNED TO ANY PARCEL OF LAND SHALL NOT EXCEED ONE IRRIGATED ACRE PER ACRE OF LAND.

C. WATER ORDERING PROCEDURE

1. WATER DELIVERIES MUST BE ORDERED ON AND ORDERED OFF IN ACCORDANCE WITH THE FOLLOWING CONDITIONS:

A. REQUESTS FOR WATER SHALL BE MADE AT LEAST 24 HOURS IN ADVANCE OF THE DESIRED DELIVERY DATE.

B. WATER DELIVERIES WILL NOT BE CURTAILED UNLESS AN ORDER TO DO SO IS  RECEIVED BY THE DISTRICT AT LEAST 24 HOURS IN ADVANCE.

C. ORDERS MAY BE RECEIVED BY PHONE CONTACT WITH THE DISTRICT OFFICE.

D. PHONE ORDERS MUST BE RECEIVED BY 4 PM. ANY ORDER RECEIVED AFTER 4 PM   WILL BE ACKNOWLEDGED AS RECEIVED ON THE FOLLOWING DAY.

E. REQUESTS MAY BE MADE TO THE DITCHRIDER BY PHONE OR IN PERSON. SUCH ORDERS SHOULD BE MADE 24 HOURS IN ADVANCE OF THE DESIRED DELIVERY DATE AND SHOULD BE REPORTED TO THE OFFICE FOR PROPER RECORD KEEPING. AT THE DITCH-RIDER’S DISCRETION, THE 24 HOUR ADVANCE NOTICE MAY BE WAIVED IF WATER IS AVAILABLE TO MAKE THE DELIVERY.

F. THE DISTRICT WILL NOT ENCOURAGE WATER ORDERS TO BE MADE ON SUNDAY.


D. STOCK WATER

IT IS THE POLICY OF THE DISTRICT THAT NO STOCK WATER SHALL BE DELIVERED AFTER REGULAR IRRIGATION SEASON TO ANY LANDOWNER EXCEPTING A LANDOWNER WHO HAS LEGAL PROOF OF OWNERSHIP AND HAS WRITTEN LEGAL PROOF THAT THE DISTRICT MUST CONVEY THEIR WATER THROUGH THE BITTER ROOT IRRIGATION CANAL. ANY EXCEPTION FROM STANDARD POLICY WILL ONLY BE ALLOWED FROM OCT 1ST TO DEC 1ST AND THESE CONVEYANCES MUST BE ANNUALLY CONTRACTED WITH THE DISTRICT.
III. DISTRICT STRUCTURES

A. LAND DIVISION

1. ON ALL SUBDIVISIONS OF LAND, REGARDLESS OF ACREAGE, IT SHALL BE THE RESPONSIBILITYOF THE  SELLER OF THE LAND TO PROVIDE A RIGHT-OF-WAY AND DELIVERY SYSTEM ACROSS THE DIVIDED LAND TO PERMIT DELIVERY OF THE WATER.  THE OPERATION AND MAINTENANCE OF THE DELIVERY SYSTEM, INCLUDING ALL LATERALS AND STRUCTURES, AND THE DISTRIBUTION OF THE WATER WITHIN THE SUB-DIVIDED PARCEL OF LAND, WILL BE THE RESPONSIBILITY OF THE LANDOWNERS WITHIN THE SUBDIVISION.

2. NO WATER WILL BE DELIVERED TO ANY DIVIDED LAND (WHICH INCLUDES SUBDIVISION, BOUNDARY RELOCATIONS, FAMILY TRANSFERS, ETC.) UNTIL A WATER ALLOCATION FORM IS PROPERLY FILLED OUT AND SIGNED BY THE PARTIES THAT HOLD TITLE TO THE LAND BEING DIVIDED, INDICATING CORRECT DIVISION OF IRRIGATED ACREAGE AND IS ON FILE AT THE DISTRICT OFFICE. IN ORDER FOR THE BOARD OF COMMISSIONERS TO CONSIDER A REQUEST FOR SUBDIVISION APPROVAL, THE FOLLOWING INFORMATION MUST BE PROVIDED AND AGREED TO BY ALL PARTIES.

a. A SURVEY MAP, PREPARED BY A PROFESSIONAL SURVEYOR OR PERSON WITH
EXPERTISE IN DESIGNING IRRIGATION WATER DELIVERY SYSTEMS, SHOWING THE
SIZE AND LOCATION OF ALL MEASURING DEVICES, NEW AND EXISTING DITCHES, ABANDONED DITCHES, NEW AND EXISTING PIPELINES AND APPURTENANCES, AND
NEW AND EXISTING TURNOUTS. THE DRAWING SHALL ALSO SHOW THE ALLOCATION OF WATER TO EACH UNIT IN THE SUBDIVISION, AND THE PROPOSED METHOD TO RESTRICT THE AMOUNT OF IRRIGATION WATER  ALLOCATED TO EACH DIVIDED LOT.

b. A WRITTEN STATEMENT DETAILING AN IRRIGATION SCHEDULE FOR EACH UNIT
IN THE SUBDIVISION (AS REQUIRED BY THE BOARD)

c. A STATEMENT FROM THE SUBDIVIDER CERTIFYING THAT ALL NEW PIPELINES
AND APPURTENANCES WILL CONFORM TO THE NATURAL RESOURCES
CONSERVATION SERVICE SPECIFICATION FOR UNDERGROUND IRRIGATION
PIPELINES.

d. ALL METERS, VALVES AND ANY OTHER REQUIRED APPURTENANCES APPROVED
FOR A DIVIDED PROPERTY SHALL BE PAID FOR AND MAINTAINED BY WATER
USERS. ALL REQUIRED EASEMENTS NECESSARY FOR PROPER DIVISION AND WATER ALLOCATION WILL BE PAID FOR BY LANDOWNERS.

INFORMATION AS TO THE LOCATION, SIZE AND OPERATING PRESSURE OF EXISTING
UNDERGROUND PIPELINES MAY BE OBTAINED FROM THE NATURAL RESOURCES
CONSERVATION SERVICE.

3. THE LANDOWNER MAY BE GRANTED PERMISSION TO CHANGE THE POINT OF DELIVERY
FROM THE ORIGINAL UNIT OR PREVIOUSLY AMENDED  UNIT TO A MORE
CONVENIENT POINT. THE LANDOWNER SHALL PAY FOR ALL COSTS OF INSTALLING AN
APPROVED  TURNOUT, MEASURING DEVICE AND ANY OTHER APPURTENANCES.

B. MEASURING DEVICES

1. NOT ALL MEASURING DEVICES WHICH ARE APPROVED BY THE BOARD OF COMMISSIONERS ACTING THROUGH THE MANAGEMENT, WILL BE MAINTAINED BY THE LANDOWNERS. CIPPOLLETTI AND RECTANGULAR WEIRS, FLOW METERS (GPM METERS ONLY) AND PARSHALL FLUMES ARE THE STANDARD MEASURING DEVICES ACCEPTABLE TO THE DISTRICT. THESE MEASURING DEVICES INSTALLED BY THE DISTRICT FOR DISTRICT REGULATION WILL BE MAINTAINED BY THE DISTRICT. UNLESS CONDITIONS OTHERWISE DETERMINE, THE ABOVE MEASURING DEVICES SHALL BE USED TO AVOID SUPPLY AND ADMINISTRATIVE PROBLEMS.

2. INTERFERENCE WITH EXISTING DISTRICT MEASURING DEVICES SHALL BE BASIS FOR NON DELIVERY OF WATER BY THE DISTRICT, AS WELL AS A PENALTY. (MCA 85-7-1924)

3. ALL NEW SPRINKLER SYSTEMS MUST HAVE AN APPROVED MEASURING DEVICE INSTALLED AND MAINTAINED AT THE EXPENSE OF THE LANDHOLDER AND AT A LOCATION THAT IS CONVENIENT AND READILY ASSESSABLE TO THE DITCHRIDER. THE DISTRICT MAY REQUIRE A SPRINKLER BYPASS TO PREVENT WATER FROM RETURNING TO THE DISTRIBUTION SYSTEM DURING POWER INTERRUPTIONS. SUCH SYSTEM MAY BE REQUIRED AT THE TIME OF SPRINKLER DEVELOPMENT OR AT ANY OTHER TIME THEREAFTER.


C. STRUCTURE MAINTENANCE

1. LATERAL MAINTENANCE FROM THE MAIN CANAL TO THE POINT OF                      DELIVERY IS THE
RESPONSIBILITY OF THE USERS OF THE LATERALS.

a. WATER WILL NOT BE DELIVERED TO LATERALS THAT HAVE NOT BEEN PROPERLY MAINTAINED.

2. LATERAL STRUCTURE CONSTRUCTION AND MAINTENANCE IS THE RESPONSIBILITY OF THE DISTRICT FROM THE CANAL TO THE ORIGINAL POINT OF DIVERSION.

3. LATERAL STRUCTURE CONSTRUCTION AND MAINTENANCE FROM THE ORIGINAL POINT OF DIVERSION TO THE PLACE OF USE IS THE RESPONSIBILITY OF THE USERS.

4. THE ORIGINAL POINT OF DIVERSION IS DEFINED AS THE ORIGINAL                       TURNOUT.

IV. RIGHTS OF WAY

A. ALL RIGHTS-OF-WAY FOR MAINTENANCE OF CANALS, LATERALS,                        DISTRIBUTARIES AND DRAINS
OF ALL TYPES SHALL BE OPERATIVE UNDER CONDITIONS SOLELY DEFINED BY            THE BOARD OF
COMMISSIONERS. INTERFERENCE WITH O & M ACTIVITIES SHALL NOT BE               PERMITTED AND IF
UNAUTHORIZED, THE DISTRICT SHALL RE-ESTABLISH THE RIGHT-OF-WAY AT          THE EXPENSE OF
THE LANDOWNER.

THE DISTRICT WILL NOT GRANT PERMISSION TO THIRD PARTIES TO USE                DISTRICT RIGHT-OF-WAY
FOR ANY PURPOSE. WHERE RIGHTS-OF-WAYS ARE OWNED IN FEE, THE                    DISTRICT MAY GRANT USE
OF RIGHT-OF-WAY UPON BOARD APPROVAL.


B. O & M ROADS

1. MAINTENANCE OF ROADS IS THE RESPONSIBILITY OF THE DISTRICT.                  THE DISTRICT WILL
MAINTAIN ROADS ONLY TO SATISFY DISTRICT OPERATIONS.

2. O & M ROADS ARE NOT PUBLIC ROADS AND ANY UNAUTHORIZED                         PERSONS USING THE
ROADS ARE DOING SO AT THEIR OWN RISK.

3. O & M ROADS ARE TO USED FOR BITTER ROOT IRRIGATION DISTRICT                   ACCESS ONLY.


C. FENCES WILL NOT BE ALLOWED WITHIN THE DISTRICT’S RIGHT-OF-WAY ON          THE MAIN CANAL.
         THE DISTRICT SHALL NOT BE LIABLE FOR FENCES INSTALLED WITHIN THE              RIGHT-OF-WAY AND IT SHALL BE THE LANDOWNER’S RESPONSIBILITY TO               REMOVE THE FENCE AT THEIR OWN EXPENSE WHENEVER THE DISTRICT                  DEEMS IT NECESSARY. UPON FAILURE TO REMOVE THE FENCE UPON                       REQUEST, THE LANDOWNER SHALL BE BILLED FOR THE COST OF REMOVAL.               THE LANDOWNER SHALL BE RESPONSIBLE FOR RE-INSTALLING, BY SURVEY,              ANY FENCE REMOVED BY THE DISTRICT.


D. NO NEW GATES WILL BE ALLOWED ACROSS THE MAIN CANAL RIGHT-OF-WAY. ALL EXISTING GATES ACROSS THE RIGHT-OF -WAY MUST BE A MINIMUM OF 18 GAUGE 5 BAR TUBULAR STEEL MANUFACTURED GATES HUNG ON A 4 INCH WELL CASING OR EQUIVALENT STEEL POST WITH ADJUSTABLE HINGES. GATES MUST BE MAINTAINED TO SWING FREELY AND HORIZONTALLY AWAY FROM THE CANAL WITH NO GROUND INTERFERENCE. ANY GATE NOT MAINTAINED TO SWING FREELY WILL BE LEFT OPEN DURING THE IRRIGATION SEASON. CATTLEGUARDS MAY BE INSTALLED ACROSS THE MAIN CANAL RIGHT-OF-WAY BY PERMISSION ONLY. CATTLEGUARDS MUST BE BUILT IN ACCORDANCE WITH FOREST SERVICE CATTLEGUARD SPECIFICATIONS AS PER DRAWING NUMBER R-1490. ALL COSTS ASSOCIATED WITH THE INSTALLATION AND MAINTENANCE OF GATES AND CATTLEGUARDS WILL BE THE RESPONSIBILITY OF THE LANDOWNER. THE MINIMUM WIDTH OF GATES AND CATTLEGUARDS WILL BE DETERMINED BY DISTRICT PERSONNEL. ALL LOCKED GATES MUST BE APPROVED BY THE MANAGER OR BY THE BOARD.

E. UTILITIES

THE DISTRICT IS NOT RESPONSIBLE AND WILL NOT BE RESPONSIBLE FOR ANY AND ALL DAMAGES TO ANY UTILITIES AND  THEIR LINES, CABLES, ETC. CONSTRUCTED WITHIN THE DISTRICT RIGHT OF WAY.

F. CROSSINGS (BRIDGES, FLUMES, ETC.)

1. NO BRIDGES WILL BE CONSTRUCTED OR MAINTAINED BY THE DISTRICT EXCEPT FOR PROJECT OPERATION AND MAINTENANCE UNLESS THE LANDOWNER PROVIDES WRITTEN PROOF OF DISTRICT RESPONSIBILITY.

2. ACCESS CROSSINGS WHEN PERMITTED BY THE BOARD OF COMMISSIONERS SHALL BE
CONSTRUCTED AND MAINTAINED TO DISTRICT SPECIFICATIONS BY THE LANDOWNER. ALL
EXPENSE AND MAINTENANCE FOR ANY CROSSINGS PERMITTED WILL BE AT THE EXPENSE OF THE LANDOWNER. THE BOARD OF COMMISSIONERS MUST APPROVE ANY CROSSINGS OVER THE IRRIGATION AND DRAINAGE SYSTEM BEFORE CONSTRUCTION IS BEGUN AND SHALL SANCTION THE NUMBER OF CROSSINGS PREMITTED. ACCESS CROSSINGS MAY NOT INTERFERE WITH THE INTEGRITY OF THE CANAL IN LOCATIONS WHERE CANAL LINER IS IN PLACE.

3. ANY BRIDGE DEEMED TO BE UNSAFE (AS PER BOARD OR MANAGEMENT) AND/OR IN POOR CONDITION WHICH MAY INTERFERE WITH THE INTEGRITY OF THE CANAL MAY BE REMOVED BY THE DISTRICT.

V. WATER MANAGEMENT

A. WATER MAY BE TRANSFERRED UP AND DOWN THE CANAL AT THE DISCRETION OF THE BOARD. NO ADDITIONAL WATER WILL BE TRANSFERRED NORTH OF HEADGATE #95.

B. IN THE EVENT OF AN IRRIGATION SEASON WHEN WATER IS IN SHORT SUPPLY, THE BASIC ALLOTMENT MAY BE REDUCED TO ASSURE A FAIR DISTRIBUTION OF WATER.

C. DIVERSIFYING OR GROUPING OF FARM UNIT DELIVERIES WILL BE PERMITTED UNDER THE FOLLOWING CONDITIONS:

1. LANDS MUST BE UNDER THE SAME FARM OWNERSHIP OR OPERATION UNIT UNLESS A ROTATION IS MUTUALLY AGREED UPON BY THE DISTRICT AND LANDHOLDERS.

2. THE TOTAL RATE OF DELIVERY FOR GROUPING OF DELIVERIES DOES NOT EXCEED THE
AMOUNT THE INDIVIDUAL FARMS OR PARCELS WOULD BE ENTITLED TO UNDER INDIVIDUAL OPERATION AND DOES NOT INTERFERE WITH THE ENTITLEMENT OF OTHER WATER USERS.

3. GROUPING OF DELIVERIES MUST BE WITHIN THE SAME LATERAL SYSTEM OR UNDER THE SAME DITCHRIDER.

VI. WORK FOR OTHERS


A. BITTER ROOT IRRIGATION DISTRICT RESOURCES MAY BE EMPLOYED BY WATERUSERS TO THE
EXTENT THEY ARE AVAILABLE. BRID ACTIVITIES SHALL HAVE PRIORITY OVER SUCH PRIVATE WORK.

B. EQUIPMENT RATES, LABOR RATES AND COST OF MATERIALS SHALL BE ESTABLISHED BY THE
BOARD AND ARE SUBJECT TO REVIEW AND ADJUSTMENT ON A PERIODIC BASIS.

C. BRID MAY PROVIDE PRELIMINARY ESTIMATES OF JOBS, HOWEVER ACTUAL COSTS INCURRED WILL BE BILLED.

D. DEBTS ARE DUE WITHIN 30 DAYS OF BILLING, A SERVICE CHARGE OF 1.% PER MONTH WILL BE
CHARGED TO ALL DELINQUENT ACCOUNTS.

E. PRIVATE WORK SHOULD BE LIMITED TO ACTIVITIES DIRECTLY INVOLVING THE USE OF WATER AS PERMITTED UNDER BRID’S WATER RIGHT, WHICH IS IRRIGATION.

F. ADMINISTRATION, ENGINEERING AND SURVEYING COSTS WILL BE ADDED TO THE COST OF JOBS.

G. CERTAIN JOBS MAY BE COST-SHARED IF SIGNIFICANT BENEFIT TO THE PROJECT IS EXPECTED
AND THE DISTRICT RESOURCES ARE EMPLOYED FOR THE JOB. THE COST-SHARE ARRANGEMENT MUST  BE APPROVED BY THE BOARD PRIOR TO JOB COMMENCEMENT.

VII. THREE MILE GRAVITY FLOW SYSTEM


A. TRANSFERRING OF USER RIGHTS OUT OF THE THREE MILE GRAVITY FLOW SYSTEM IS NOT
ALLOWED. INCLUSION OF IRRIGATED LAND INTO THE SYSTEM MAY BE ALLOWED AT THE
DISCRETION OF THE BOARD AS WELL AS APPROVAL FROM DNRC. ALL COSTS OF ADDING LANDS
WILL BE THE RESPONSIBILITY OF THE LANDHOLDER.

B. WATER ASSIGNED TO LANDS WITHIN THE THREE MILE GRAVITY FLOW SYSTEM CAN NOT BE
USED FOR ANY PURPOSE ON LANDS NOT WITHIN THE SYSTEM.

C. WATER ASSIGNED TO LANDS WITHIN THE THREE MILE GRAVITY FLOW SYSTEM MAY BE USED
ON OTHER FARM UNITS WITHIN THE SYSTEM AT THE DISCRETION OF THE DISTRICT, WITHIN THE
LIMITS OF SAFE OPERATION OF THE SYSTEM.

D. IT SHALL BE THE RESPONSIBILITY OF THE LAND OWNER TO REPAIR ANY DAMAGE TO ABOVE
GROUND EQUIPMENT ON THE MAIN LINE OF THE THREE MILE GRAVITY FLOW SYSTEM.
ALL DAMAGE TO A NEW SYSTEM APPROVED AFTER ORIGINAL INSTALLATION OF THE THREE MILE
GRAVITY SYSTEM, WILL BE THE RESPONSIBILITY OF THE WATERUSER OF THAT ADDITIONAL
SYSTEM.

E. IT SHALL BE THE RESPONSIBILITY OF THE DISTRICT TO OPERATE AND MAINTAIN ALL BURIED
EQUIPMENT ON THE MAIN LINE OF THE THREE MILE GRAVITY FLOW SYSTEM.  ALL BURIED EQUIPMENT INSTALLED ON A NEW SYSTEM APPROVED AFTER THE ORIGINAL INSTALLATION OF THE THREE MILE GRAVITY SYSTEM, WILL BE THE RESPONSIBILITY OF THE WATERUSERS OF THAT ADDITIONAL SYSTEM.

F. WATER WILL BE DELIVERED ONLY TO ABOVE GROUND TURNOUT ASSEMBLIES. NO PRIVATE ON
FARM IRRIGATION SYSTEM WILL BE ATTACHED PERMANENTLY TO THE PIPELINE.

G. IF THE BOARD OF COMMISSIONERS GIVES APPROVAL OF IRRIGATED ACREAGE TO BE REMOVED
FROM A PARCEL OF LAND, THE RISOR WILL ALSO BE REMOVED FROM THE PROPERTY.

H. A LANDOWNER MAY NOT FENCE OFF ANY DISTRICT APPURTENANCE AS TO OBSTRUCT ACCESS FOR DAILY DISTRICT MAINTENANCE.


VIII. PRIVATE IRRIGATION SYSTEMS


A. WHEN LAND WITHIN THE DISTRICT IS INCLUDED WITHIN A PRIVATELY OWNED IRRIGATION
SYSTEM, THE DISTRICT’S ONLY OBLIGATION WILL BE TO DELIVER THE TOTAL ALLOTTED
AMOUNT OF WATER TO THE INLET OF THE SYSTEM. THE PRIVATE IRRIGATION SYSTEM
ORGANIZATION WILL BE RESPONSIBLE TO DELIVER THE WATER TO EACH INDIVIDUAL
PARCEL WITHIN THE SYSTEM.

B. UPON NOTIFICATION OF DELINQUENCY OF WATER ASSESSMENT, THE PRESIDENT OF THE
PRIVATE IRRIGATION SYSTEM ORGANIZATION SHALL STOP DELIVERY OF THE WATER TO THE
DELINQUENT PROPERTY.

C. BEFORE LAND CAN BE INCLUDED OR EXCLUDED WITHIN A PRIVATE IRRIGTION SYSTEM, A
WRITTEN LETTER OF AUTHORIZATION MUST BE SUBMITTED TO THE BOARD OF COMMISSIONERS FROM THE PRIVATE IRRIGATION SYSTEM ORGANIZATION.

D. NO WATER WILL BE DELIVERED THROUGH ANY PRIVATE IRRIGATION SYSTEM TO ANY LAND EXCEPT THAT WHICH IS ENTITLED THERETO.

E. THE DISTRICT RESERVES THE RIGHT TO WITHHOLD OR STOP DELIVERY TO ANY SYSTEM
OPERATING IN EXCESS OF ITS ALLOTMENT.

A. THE SUBDIVIDER MUST CONSTRUCT AND PROVIDE FOR MAINTENANCE OF A FENCE ALONG THE ENTIRE LENGTH OF THE CANAL RIGHT OF WAY WITHIN THE SUBDIVISION BOUNDARIES. THE FENCE SHOULD BE SUBSTANTIAL ENOUGH TO KEEP LIVESTOCK OUT OF THE CANAL RIGHT OF WAY AND RESTRICT ALL OTHER ACCESS TO THE CANAL. ANY PONDS OWNED BY THE DISTRICT WITHIN THE SUBDIVISION SHOULD BE FENCED TO ELIMINATE ALL BUT DISTRICT ACCESS.

B. GATES SHOULD BE INSTALLED TO DISTRICT SPECIFICATIONS AT ALL PUBLIC ACCESS POINTS ON THE DISTRICT RIGHT OF WAY. (i.e. bridges, etc.)

C. BECAUSE BRIDGES, FLUMES, FENCES, ETC. ACROSS THE CANAL CREATE AN OBSTACLE FOR CANAL MAINTENANCE AND AN ACCESS FOR TRESPASS, ANY NEW STRUCTURES ARE HIGHLY DISCOURAGED. ANY BRIDGE OR OTHER STRUCTURE CONSTRUCTED ON OR ACROSS THE DISTRICT RIGHT OF WAY MUST HAVE PRIOR APPROVAL OF THE BOARD OF COMMISSIONERS OF THE DISTRICT AND MUST BE BUILT TO DISTRICT SPECIFICATIONS. ANY APPROVED STRUCTURE IS TO BE MAINTAINED AT THE EXPENSE OF THE LANDOWNER. ANY STRUCTURE NOT APPROVED PRIOR TO CONSTRUCTION IS SUBJECT TO REMOVAL AT THE EXPENSE OF THE LANDOWNER.

D. ALL STRUCTURES ON THE DISTRICT RIGHT OF WAY THAT ARE NO LONGER NECESSARY FOR THE ORIGINAL FARM OPERATION WILL BE REMOVED. (i.e. bridges, flumes, fences, etc.)

E. ROADS CONSTRUCTED ADJACENT TO THE CANAL MUST BE BUILT OFF OF THE DISTRICT RIGHT OF WAY. ROADS BELOW AS WELL AS ABOVE THE CANAL SHOULD NOT BE CUT INTO THE TOE OF THE CANAL BERM, BUT SHOULD BE BUILT UP AND PROVIDED WITH ADEQUATE DRAINS TO PREVENT WATER BUILD UP ON THE TOE OF THE CANAL. ANY LOSS OF INTEGRITY TO THE CANAL FROM CONSTRUCTION TO CLOSE TO THE CANAL SHALL RESULT IN DAMAGE EXPENSE TO THE CONSTRUCTION CO. OR LANDOWNER.

F. THE POSITION OF SEPTIC TANK DRAIN FIELDS AND STORM DRAINS ARE A CONCERN TO THE DISTRICT AND SHOULD BE CONSTRUCTED IN SUCH A MANNER THAT THEY DO NOT THREATEN THE INTEGRITY OF THE CANAL FROM EROSION, SLOUGHING OF SATURATED SOILS OR POSE A DANGER OF CONTAMINATION. ANY LOSS OF INTEGRITY TO THE CANAL FROM INCORRECT INSTALLATION OF DRAIN FIELDS OR STORM DRAINS SHALL RESULT IN LIABILITY EXPENSES FOR THE LANDOWNER.

G. THE DISTRICT REQUESTS THAT ALL LANDOWNERS OWNING LAND ADJACENT TO THE MAIN CANAL RECOGNIZE THAT THE DISTRICT HAS A RIGHT AND AN OBLIGATION TO CONTROL VEGETATIVE GROWTH ON THE CANAL RIGHT OF WAY, BY ANY MEANS NECESSARY AS DETERMINED BY THE DISTRICT BOARD OF COMMISSIONERS.     MCA 7-22-2116


X. SAFETY RESPONSIBILITIES

A. AN IRRIGATION DISTRICT OR PRIVATE PERSON OR ENTITY OWNING OR OPERATING IRRIGATION DITCHES MUST KEEP IRRIGATION DITCHES IN GOOD GENERAL REPAIR AND CONDITION, BUT FOR THE PURPOSE OF PROTECTING PERSONS AND PROPERTY FROM INJURY OR DAMAGE. (MCA 85-7-2211)  THE DISTRICT ENCOURAGES ALL CITIZENS TO TAKE RESPONSIBILIY FOR CANAL SAFETY BY STAYING ALERT AND CAUTIOUS OF AREAS OF WEAKNESS AS WELL AS ANY THREAT TO THE INTEGRITY OF THE CANAL.





























*please note, these are the most current operating policies of the Bitter Root Irrigation District but this is a fluid document and policies have changed in the past and will likely change in the future, based on the opinions and majority vote of our board of commissioners