HomeMy WebLinkAbout1995-03 \\-•
ORDINANCE NO. 95-3
An Ordinance of the County of Mohave adopting provisions of
Bullhead City Ordinance 93-578,
WHEREAS, the County of Mohave is required to subcontract with
Bullhead City for delivery of Colorado River water to the Davis
Camp area under Bullhead City's contract with the United States of
America, and
WHEREAS, under that Agreement the County of Mohave is required
to report the amount of water diverted for their use for ultimate
reporting to the Bureau of Reclamation by Bullhead City, and
WHEREAS, failure to report such diversion could constitute
grounds for termination of the contract between Bullhead City and
the United States of America and the subcontract involving Mohave
County,
THEREFORE, BE IT ORDAINED AS FOLLOWS :
Enacting the following provisions of Bullhead City Ordinance
93-578 as and for Ordinances of Mohave County for the limited
purpose of complying with the requirements of Contract No. 2-07-30-
W0027 between the City of Bullhead City and the United States of
America under which Mohave County is a subcontractor.
Chapter 8 . 20
Well Registration, Metering & Reporting
Section 1 : With the exception of parties to a valid
subcontract for use of Colorado River water within the Bullhead
City Service Area, any person, firm, association,corporation,
individual, partnership or joint venture owning or operating a well
or other diversionary facility with a pump capacity greater than 35
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gallons per minute shall, within eighteen ( 18 ) months of the
effective date of this ordinance, register the location of such
well or other diversionary facility with the Community Development
Director of the City of Bullhead City in addition to any other
applicable agencies.
Section 2 : With the exception of parties to a valid
subcontract for use of Colorado River water within the Bullhead
City Service Area, any person, firm, association, corporation,
individual partnership or joint venture owning or operating a well
or other diversionary facility with a pump capacity greater than 35
gallons per minute shall, within eighteen ( 18 ) months of the
effective date of this ordinance, install or cause to be installed
measuring devices approved by and acceptable to the Contracting
Officer of the United States Department of the Interior, Bureau of
Reclamation and the Community Development Director of the City of
Bullhead City. Said measuring devises shall be furnished,
installed and maintained by owner, in a manner satisfactory to the
Contracting Officer of the United States Department of the
Interior, Bureau of Reclamation and the Community Development
Director of the City of Bullhead City, and shall remain at all
times under complete control of the Contracting Officer of the
United States Department of the Interior, Bureau of Reclamation and
the Community Development Director of the City of Bullhead City.
Section 3 : With the exception of parties to a valid
subcontract for use of Colorado River water within the Bullhead
City Service Area, any person, firm, association, corporation,
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PAGE ; OF 4
OK AIM PG 305 FEB950477332
individual, partnership or joint venture owning or operating a well
or other diversionary facility with a pump capacity greater than 35
gallons per minute shall maintain a monthly record of water
diversions, and shall, within eighteen ( 18 ) months of the effective
date of this ordinance, file with the Community Development
Director of the City of Bullhead City, by the 15th day of each
month, a full written report of volume of water diverted. Such
reports shall be on forms designated, supplied or otherwise
approved by the Community Development Director of the City of
Bullhead City.
Section 4 : With the exception of parties to a valid
subcontract for use of Colorado River water within the Bullhead
City Service Area, any person, firm, association, corporation,
individual, partnership or joint venture locating a well or other
diversionary facilities with a pump capacity greater than 35
gallons per minute, subsequent to the effective date of this
ordinance, shall be required to comply with Sections 1 , 2 and 3 of
this ordinance immediately upon their installation and/or
construction and shall not receive the eighteen ( 18 ) month grace
period referred to hereinabove.
Section 5 : Any person, firm, association, corporation,
individual, partnership or joint venture violating any provision of
this chapter is guilty of a Class I Misdemeanor and, upon
conviction thereof, shall be punished by a fine of not less than
$150 . 00 nor more than $2 , 500 . 00, or by imprisonment in the county
jail for a period not to exceed six months, or by both such fine
4
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PAGE 4 0F4
and imprisonment. 13K 2620 PG 306 FEE495047732
Section 6 : All ordinances and parts of ordinances in
conflict with the provisions of this ordinance are hereby repealed.
Section 7 : If any section, subsection, sentence, clause,
phrase or portion of this ordinance, is for any reason held to be
invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity
of the remaining portions thereof .
DATED this 21 day of AUGUST , 1995 .
MOHAVE COUNTY BOARD OF SUPERVISORS
By
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