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Permit to Use Fire Hydrant

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Water to be used for purposes other than extinguishing fires may be withdrawn from hydrants only if a permit has been issued by the East Cherry Creek Valley Water and Sanitation District (the “District”). Permits shall be issued for the purpose of temporary construction water only and show the project location of the hydrants from which water may be withdrawn and the estimated use for which water requested.

 District staff are authorized to examine any such permit at any time.

Permit(s) are granted at the sole discretion of the District and may be canceled without prior notice.

The Colorado Criminal Code, C.R.S. § 18-4-506, establishes that a person commits the crime of second decree criminal tampering for knowingly making an unauthorized connection with property of a utility, which includes the property of the District. Second degree criminal tampering is a class 2 misdemeanor with a maximum sentence of one-month imprisonment or a fine of one thousand dollars ($1,000), or both. The District may assess additional penalties for unauthorized use of water in accordance with the District’s Rules and Regulations, as it may be amended from time to time.

Damage to the fire hydrant resulting from such use shall be the responsibility of the party to whom the permit is granted.

Nothing in this permit shall be construed to be a waiver, in whole or in part, of any right privilege or protection afforded to the District or its Board of Directors, officers, employees, servants, agents, or authorized volunteers pursuant to the Colorado Governmental Immunity Act, Sections 24-10-101, et seq., Colorado Revised Statutes. The party to whom the permit is granted shall indemnify, defend, and hold harmless the District, its directors, employees, agents, and consultants, from and against any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, and expenses of any nature (including, but not limited to, reasonable attorneys’ fees, investigative and repair costs, expert and consultant fees, litigation costs and other expenses incurred in the defense, lost profits, and insurance deductibles), and liabilities, of, by, or with respect to third parties (“Any Claims”) to the extent they arise from or may be alleged to arise, directly or indirectly, in whole or in part, from the intentional or negligent acts or omissions of the party to whom the permit is granted or any of its subcontractors, material suppliers, agents, representatives, or employees, or the agents, representatives, or employees of any subcontractors or material suppliers (collectively the “Consultant/Related Parties”), in connection with the use of the fire hydrant hereunder, including, without limitation, Any Claims which cause or allow to continue a condition or event which deprives the District or any of its directors or employees of its sovereign immunity under the Colorado Governmental Immunity Act, Sections 24-10-101, et seq., Colorado Revised Statutes. Provided, however, that the party to whom the permit is granted shall not be liable for any claim, loss, damage, injury, or liability arising out of the negligence or intentional torts, or willful acts of the District, its directors, employees, agents, and consultants. The obligations of the indemnifications extended to the District shall survive revocation or expiration of the permit.

Only an approved fire hydrant wrench shall be used and can be obtained from the District on a loan basis if requested.

Upon return of the hydrant issued, the District will charge the cost of replacement for any broken or missing parts (i.e. gate valve, transmitter, etc.) on the final bill.

For use within the District, the minimum charge is three hundred fifty dollars ($350.00) per month for water usage up to and including fifty thousand (50,000) gallons and then seven dollars ($7.00) per thousand (1,000) gallons for usage over fifty thousand (50,000) gallons. * If ECCV declares a State of Drought, an additional surcharge for water use may be assessed in accordance with District policy.

When a meter is issued to measure water usage from hydrants, the applicant shall deposit with the District one check for one thousand five hundred dollars ($1,500.00) which is refundable when the meter is returned and all bills have been paid. The applicant shall also provide a separate check in the sum of three hundred fifty dollars ($350.00) for the first month’s water usage up to and including fifty thousand (50,000) gallons.

Applicant agrees to comply with all laws and regulations relating to the use of fire hydrants and backflow prevention and assembly, including but not limited to the District’s Cross-Connection Control Plan, Water System Technical Specifications, and Rules and Regulations, as each may be amended from time to time.