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Westlands Water District

Westlands Water District

Fresno, CA

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Landowner Responsibilities (#640)

February 26, 2021

Landowner Responsibilities

As a courtesy each year, the District reminds landowners of their responsibilities as property owners in Westlands Water District. Landowners are responsible for the payment of all District assessments, land-based charges, and water charges attributable to their property. Any private agreement with tenants for use of the land does not relieve landowners of their responsibility for paying these costs. Landowners must enforce leases between lessors and lessees.

Typically, the landowners’ tenant farmers will submit the water allocation applications. However, landowners may apply for allocations, especially if direct control of water allocation to their land is desired or tenants have not been selected. In these situations, landowners are reminded that the costs associated with water applied for and allocated must be paid, even if the water is not used. If more than one application is received for the same parcel of land, priority will be given to the landowner in accordance with the District’s Rules and Regulations. If no applicants own the land, priority will be given to the water user who provides evidence of the right to occupy the land and receive the allocation.

Landowners should be aware of the following obligations regarding their property.

Assessments:

Westlands uses a “benefit valuation” method in establishing assessments. Lands are assessed annually based on the relative benefits received from the District. Assessment charges are normally due in November. If an assessment becomes delinquent, the following actions are taken:

  • a 5% penalty is assessed;
  • agricultural water service is discontinued;
  • any remaining water allocation applicable to the water user is not available for transfer, but the cost for such water must still be paid;
  • a lien is recorded against each delinquent parcel;
  • a publication fee is imposed against each delinquent amount (in the past, this amount has varied from $30 to $300);
  • interest charges accrue against the delinquent amount at 9% per annum;
  • neither contract water, nor any other water, will be allocated to any land for which assessments have been delinquent for 30 days or more at the time the water is allocated.

Land-Based Charges:

Land-based charges may be imposed by the Board of Directors after a hearing is held and absent written protest from a majority of affected landowners. The hearing was held February 16, 2021, although additional hearings may be held if new charges are implemented or if warranted by other circumstances. Land-based charges anticipated in the next water contract year include costs related to District water supply, extraordinary repairs of pipe, certain litigation, Westlands Water Quality Coalition, and Sustainable Groundwater Management Act (SGMA). Land-based charges are normally due March 25 and September 25. If the charges become delinquent the following actions are taken:

  • a penalty ranging from 2% to 10% is assessed, and interest charges of 1.5% per month are applied;
  • agricultural water service is discontinued;
  • any remaining water allocation applicable to the water user is not available for transfer, but the cost for such water must still be paid;
  • neither contract water nor any other water will be allocated to any land for which charges have been delinquent for 30 days or more at the time the water is allocated.
  • If left unpaid, charges are transferred to the District’s assessment roll and become a lien against the land.

Water Charges:

Landowners are financially responsible if tenants do not pay water bills. Water users have approximately 25 days to pay for water charges billed for the previous month. Bills not paid by the due date are considered delinquent. Landowners are notified of the delinquent account by mail. The water bills may include charges for:

  • CVP water, District water supply or long-term water allocated to the land, and any other water transferred into the water user’s account; (Other water may come from a variety of sources with costs substantially higher than CVP water.)
  • Supplemental Water;
  • water delivered to the land;
  • reduction in future year’s water supplies for overused water, unless the water user purchases additional water to replace the overused amount;
  • unused water, if the water user does not reschedule it or does not find a buyer for the unused amount;
  • miscellaneous charges for M&I water costs, CVP Improvement Act Restoration Fund Costs, or other service charges.

If water charges become delinquent, the following actions are taken:

  • a penalty ranging from 2 to 10% is assessed and interest charges of 1.5% per month are applied;
  • agricultural water service is discontinued;
  • any remaining water allocation applicable to the water user is not available for transfer, but the cost for such water must still be paid;
  • neither contract water nor any other water will be allocated to any land for which charges have been delinquent for 30 days or more at the time the water is allocated.
  • If left unpaid, a Certificate to Secure Delinquent Water charges is filed against the water user on all lands owned within Westlands Water District.
  • If the account remains unpaid, charges will be transferred to the District’s assessment roll in May of each year and a Certificate of Sale will be filed against the land where the water was used if delivered or allocated if unused.

The information listed above summarizes the financial obligations landowners and water users have to the District. If you have any questions regarding this information, please contact the Customer Accounting Department at (559) 241-6250.

We look forward to working with you in the upcoming water year.

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