SOUTHEAST WATER USERS
DISTRICT
This agreement between the Southeast Water Users District,
a non-profit corporation, hereinafter called the Association, and ________________________________________________________________,
whether one or more, a member of the Association, hereinafter called the
Member.
WHEREAS, the Member desires to purchase water from the
Association, and to enter into a membership and water user agreement as
required by the Association.
NOW THEREFORE, in consideration of the mutual covenants,
promises and agreements herein contained, it is hereby understood and
agreed:
The Association shall furnish, subject to the
limitations set out in Rules and Regulations and By-Laws and those hereinafter
provided for, such quantity of water as the Member may desire in connection
with his occupancy of the following described property:
_____________ __________ _________ OR
__________ ____ ____
Township Name Section Quarter Subdivision
The member agrees to comply
with and be bound by the Articles, Bylaws, Rules and Regulations of the
Association, now in force, or as hereafter duly and legally supplemented,
amended or changed. The Members also
agrees to pay for water at such rates, time and place as shall be determined by
the Association, and agrees to the imposition of such penalties for
non-compliance as are now set out in the Association’s Bylaws and Rules and
Regulations, or which may be hereafter adopted and imposed by the
Association. The member, by execution of
this agreement, acknowledges receipt of a Member Handbook, Rules and
Regulations of Southeast Water Users District.
The Member hereby grants
the Association, its successors or assigns a perpetual easement in, over,
under, and upon the above described land with the right to erect, construct,
install, and lay, and thereafter use, operate and inspect, repair, maintain,
replace and remove water pipelines and appurtenant facilities, together with
the right of ingress and egress over adjacent land for the purpose mentioned
above.
The Member shall install
and maintain at his own expense a service line which shall begin at the curb
stop and extend to the dwelling or place of use. The service line shall connect with the
distribution system of the Association at the nearest place of desired use by
the Member provided the Association has determined in advance that the system
has sufficient capacity to permit delivery of water at that point.
Upon completion and
approval by the Association of any such water service, the Member shall by this
agreement relinquish ownership and control of the service line to the
Association. The Association shall then
assume complete ownership and maintenance responsibility of the service line up
to and including the curb stop. The
Member shall retain no incidents of ownership in the service line and nothing
contained within this executed Agreement shall be construed as contrary to this
intent, such intent being that of both the Association and Member.
The Association shall
purchase and install a curb stop and may also include a water meter in each
service. The Association shall have
exclusive right to use such curb stop and water meters.
The Association through its
Board of Directors shall have final jurisdiction or determine:
Location of any service
line connection to its distribution system;
The allocation or proration
of water to members in the event of a water shortage or insufficiency of water
supply, including scheduling of hours of water use for garden and lawn
purposes; and
Shutting off of water to a
member who allows a connection or extension to be made to a service line for
the purpose of supplying water to another use.
If at any time the total
water supply shall be insufficient to meet all the needs of all of the members,
the Association must first satisfy all of the needs of all members for domestic
purposes before supplying water for any other purpose.
The Member agrees to comply
with the requirement of the North Dakota State Health Department that no other
present or future source of water will be cross-connected to the Association’s
lines.
Upon the occurrence of
either the Member’s breach of this contract by (1) refusing or failing, without
just cause, to connect his service line to the Association’s distribution
system as set for the above, or (2) refusing or failing, without just cause, to
pay minimum water rate as established by the Association, the Member agrees to
pay the Association a lump sum payment of Three Hundred Dollars ($300.00) as
liquidated damages. It is expressly
understood and agreed by the parties hereto, that said amount is agreed upon as
liquidated damages in that a breach by the Member in either of the above
respects, would cause serious and substantial damage to the Association for
which it would be difficult if not impossible, to prove the actual amount of such
damages. The parties hereto have
computed, estimated, and agreed upon said sum in an attempt to make a
reasonable forecast of the Association’s probable actual loss because of the
resulting damages.
IN WITNESS WHEREOF, we have hereunto executed this agreement this
_____ Day of _______________.
20 ___, in duplicate of original.
SOUTHEAST WATER USERS DISTRICT
________________________________ By _________________________________
Member #1
Its President
________________________________ By _________________________________
Member #2
Its Secretary