Chapter 93
Water
Part 1 - (Reserved) 
[HISTORY: Adopted by the Board of Commissioners of Henderson County. Amended 11-11-1995; 12-20-
2000; 8-15-2001.] 
§ 93-1. Through 93-32. (Reserved)  
Part 2 - Provision of Water Services
Article 1 - General Provisions
§ 93-33. Title. 
This Part 2 to enact water policies to govern the provision of water services by Henderson County pursuant
to the first amended and restated regional water supply and water service agreement dated November 11,
1995, shall be referred to as the "Henderson County Water Supply and Water Service Ordinance." As used
herein, the phrase "this Part 2" shall be deemed to refer to the Henderson County Water Supply and Water
Service Ordinance.  
§ 93-34. Purpose and Intent. 
The purpose of this Part 2 is to adopt policies to govern the provision of water supply and water services by
Henderson County pursuant to the first amended and restated regional water supply and water service
agreement dated November 11, 1995, hereinafter referred to as the "Regional Water Agreement." This Part
2 seeks to obtain for Henderson County all of the benefits conferred by the Regional Water Agreement.  
§ 93-35. Organization and Interpretation. 
Pursuant to the Regional Water Agreement, Henderson County is required to adopt water policies in
substantial conformance with the "Asheville/Buncombe [Henderson] Water Policies, adopted May 17,
1983, as amended, hereinafter referred to as the "Authority Policies." The Regional Water Agreement also
contains other requirements for the water policies adopted by Henderson County. This Part 2 is therefore
intended to be a combination of the requisite portions of the Authority Policies and the Regional Water
Agreement. Portions of the Regional Water Agreement and the Authority Policies will therefore be
incorporated by reference into this Part 2, and shall have the full force and effect of this Part 2. To the
extent that this Part 2 conflicts with provisions of the Authority Policies, this Part 2 shall be deemed to
control. Provisions of the Authority Policies which have been omitted have been omitted with the intention
that such omissions are specific contradictions of the Authority Policies. Amendments or additions to the
Authority Policies duly adopted by the Authority after the effective date of this Part 2 will be considered on
a case-by-case basis by the Board of Commissioners for inclusion in this Part 2. To the extent that this Part
2 conflicts with the Regional Water Agreement, the Regional Water Agreement shall be deemed to control. 
 
§ 93-36. Authority. 
This Part 2 is enacted pursuant to the authority of N.C.G.S. Chapter 153A, Article 15.
§ 93-37. Jurisdiction. 
This Part 2 shall govern any and all water extensions, water connections, and water allocations granted to
any customer in the Service Area being served by the water system and/or the water system owned by the
city and maintained and operated by the Authority, including but not limited to those granted pursuant to
the Regional Water Agreement, and including but not limited to all regional water lines, all as defined
herein below.  
§ 93-38. No Waiver of Rights or Benefits. 
Nothing herein shall be deemed to be a waiver of any rights or benefits granted to the County by the
Regional Water Agreement, including but not limited to the rights granted pursuant to Subsection 4.0 of the
  
Regional Water Agreement, Subsection 4.0 of the Regional Water Agreement being incorporated herein by
reference as if fully set forth. The Authority's and/or the city's implementation and/or use of this Part 2 shall
not be deemed to be a waiver of any rights or benefits granted to the Authority and/or the City by the
Regional Water Agreement.  
Article 2 - Definitions
 
§ 93-39. Word Usage. 
Unless otherwise specified below, the terms used in this Part 2 shall be deemed to have the same meaning
as the Regional Water Agreement and/or the Authority Policies, as indicated.  
§ 93-40. Regional Water Agreement Definitions. 
The following terms shall be deemed to have the same meaning as stated in the Regional Water Agreement,
which definitions are hereby incorporated by reference as if fully set forth herein. To the extent that the
summaries conflict with or omit language from the definitions as contained in the referenced provisions of
the regional water agreement, the regional water agreement shall control. 
(1)
Regional Water Lines-Water transmission or water distribution lines and associated 
improvements installed by the Authority at the request of  Henderson County pursuant to 
the Regional Water Agreement (Subsection 2.0)
  
(2)
Service District or Service Area - The area in which the Authority is required by the 
Regional Water Agreement to install a water distribution system. This area will initially 
consist of the Cane Creek Water and Sewer District, as enlarged or extended, but may be 
amended, expanded or restated to incorporate all or a portion of Henderson County 
and/or the Mud Creek Water and Sewer District (Subsections 2.1 and 4.2)
       
(3)
Transmission Lines - Water lines 10 inches or larger in diameter size (Subsection 2.2)  
 
  
(4)
Distribution Lines- Water lines less than 10 inches in diameter size (Subsection 2.3)  
 
(5)
Committee-The Policies and Priorities Committee of the Asheville/Buncombe/Henderson
Water Authority (Subsection 2.4)
 
(6)
Projected Regional Water Line Costs- The amount of capital costs projected to be 
incurred for the design, purchase, installation, construction, financing, and replacement 
(if any) of a regional water line or lines (Subsection 2.5 )   
(7)
Actual Regional Water Line Costs- All capital costs associated with the installation of a 
regional water line or lines and associated improvements incurred by the Authority and/or
Asheville (Subsection 2.6 )  
(8)
Net Revenue -The gross proceeds received from a regional water line less the total costs 
to produce, treat, and deliver potable water to customers served by a regional water line, 
less the total costs to maintain and repair the regional water line and less the total costs to
bill and collect from customers served by the regional water line. (Subsection 2.7)
 
(9)
Projected Regional Water Line Revenues -The net revenue derived from the use of the 
particular regional water line(s) by customers within the Service District, Subsection 7.1  
including, without limitation, usage fees, impact fees, and/or connection or tap-on set 
forth in the schedules duly adopted by the County (Henderson County as defined in 
Section 2.03 below) and the Authority (Subsection 7.1)     
  
§ 93-41. Authority Policies Definitions. 
The following terms shall be deemed to have the same meaning as stated in the Authority Policies, which
definitions are hereby incorporated by reference as if fully set forth herein. A summarized version of these
definitions is listed below for ease of reference. To the extent that the summaries conflict with or omit
language from the definitions as contained in the referenced provisions of the Authority Policies, the
Authority Policies shall control. 
(1)
Authority -The Regional Water Authority of Asheville, Buncombe and Henderson, 
(Paragraph I (B)(2))    
(2)
City -The City of Asheville, (Paragraph I (B)(4))    
  
(3)
Consumer-
The actual user of water service, whether or not the Customer, (Paragraph 
I (B)(6))   
(4)
Customer - The owner of the licensed premises or other person responsible for the paying
of the water bills for water service at the licensed premises, (Paragraph I (B)(8))
  
 
(5)
Developer -The owner of a development or his duly authorized agent, (Paragraph I 
(B)(9))    
(6)
Development - A parcel of land, including any single-family subdivision that is being 
developed to the extent that water service is desirable to realize its full potential, 
(Paragraph I (B)(10) ) 
 
(7)
GPD - Gallons per day, (Paragraph I (B)(15) )    
 
(8)
GPM-
Gallons per minute, (Paragraph I (B)(16))  
(9)
Mobile Home
-
A portable manufactured housing unit designed for transportation on its 
own chassis and placement on a temporary or semi permanent foundation, (Paragraph 
I (B)(18))  
 
(10)
Mobile Home Park - Any premises where mobile homes are parked for living and 
sleeping purposes, or supplying to the public parking space for mobile homes for living 
and sleeping purposes, and which includes any buildings, structures, vehicles or  
enclosure used or intended for use as part of such mobile home park, (Paragraph 
I(B)(19))   
(11)
Service Line - The pipeline extending from any main to the meter and meter box where 
located at or near the property line; provided, however, if the meter and meter box are 
located on private property more than 5 feet inside the property line, the service line 
shall end at the property line , (Paragraph I (B)(22)).  
 
§ 192-42. Other Definitions. 
The following terms shall be deemed to have the meanings as listed below. To the extent that the
definitions conflict with the Authority Policies, the definitions listed below shall control. To the extent that
the definitions conflict with the regional water agreement, the Regional Water Agreement shall control.  
(1)
Applicant - The person applying for water from the water system and/or the water system
owned by the City and maintained and operated by the Authority by Extension or 
Connection, who shall be the Customer or his duly authorized agent.   
(2)
Authority Director - The Director of Water Resources for the City of Asheville or such 
other person as may be designated by the Authority.   
(3)
CCWSD - The Cane Creek Water and Sewer District.   
(4)
Connection - A physical tap onto the water system and/or the water system owned by the 
city and maintained and operated by the Authority which effects water service.   
(5)
County - Henderson County.   
(6)
Districts - The CCWSD and the MCWSD.   
(7)
Extension - A construction, alteration or expansion of mains which typically effects water
service to more than one customer. An extension which meets the definition of a regional
water line shall be considered a regional water line. "Extension" is used in this Part 2 
without regard to ownership. Extensions may connect into the water system and/or the 
water system owned by the City and maintained and operated by the Authority, but shall 
only be considered a part of the water system if owned by Henderson County and/or the 
districts, and shall only be considered a part of the water system owned by the city and 
maintained and operated by the Authority if owned by the city.   
(8)
Licensed Premises - The land area and improvements thereto to which water service from
the water system and/or the water system owned by the city and maintained and operated 
by the Authority is effected under written approval of the County, the Utilities 
Department, and/or the Water Department or the Authority as required by the terms of 
this Part 2.   
(9)
Main - A 2 inch or larger water supply line owned by the city or the County pursuant 
to the Regional Water Agreement. A main which meets the definition of a regional water 
line shall be considered a regional water line.   
(10)
MCWSD - Mud Creek Water and Sewer District.   
  
(11)
Person - Any natural person, or any entity having the capacity to contract within the State
of North Carolina. "Person" shall not include the County or the districts.   
(12)
Utilities Department - The Henderson County Utilities Department.   
(13)
Utilities Director - The Henderson County Utilities Director.   
(14)
Water Department - The Water Resources Department of the city carrying out both the 
policies of the Authority and any obligation to Henderson County.   
(15)
Water Service Agreement - An agreement providing for the connection to the water 
system and/or the water system owned by the City and maintained and operated by the 
Authority. A water service agreement shall be required for all connections, including but 
not limited to a connection to a regional water line. A water service agreement shall 
include, but not be limited to, provisions for billing, collections, and enforcement such as 
disconnection for failure to pay, and shall be signed by the customer, the Authority 
Director and the Utilities Director.   
(16)
Water System - All real and personal property constituting water sources, facilities, and 
appurtenances between and including the water source and the point of delivery (the 
water meter at the licensed premises) such as valves, pumps, pipes, mains, service lines, 
conduits, tanks, receptacles, fixtures, equipment and appurtenances to produce, convey, 
treat, or store potable water for public consumption. As used in this Part 2, the term 
"water system" shall be deemed to refer to the water system owned by the city and 
maintained and operated by the Authority in those provisions which have been 
incorporated by reference herein from the Authority Policies, unless specifically stated 
otherwise. As used in this Part 2, all other references to the term "water system" shall be 
deemed to refer to the water system owned by the County and maintained and operated 
by the County or the Authority pursuant to the terms of the Regional Water Agreement or
other agreement unless specifically stated otherwise. Regional water lines are part of the 
water system owned by the City and maintained and operated by the Authority and are 
not part of the water system of the County until conveyed by the City to the County 
pursuant to Article VIII of the Regional Water Agreement.    
Article 3 - Special Provisions
§ 93-43. Applicability. 
The following special provisions shall be in full force and effect; however, nothing stated herein below
shall be deemed a waiver of any privileges or rights granted to the County by the Regional Water
Agreement.  
§ 93-44. When Effective. 
This Part 2 shall become effective upon its adoption.  
§ 93-45. Amendments. 
This Part 2 may be altered, amended or added to from time to time by a majority vote of the County Board
of Commissioners acting in formal session. Such alterations, amendments or additions when effective, shall
have the same force and effect as this Part 2. Nothing herein shall be deemed to amend, supersede, or
nullify any requirements for approval of such alterations, amendments, or additions, contained in the
Regional Water Agreement.  
§ 93-46. Scope. 
This Part 2 shall automatically become a part of all contracts for receiving water service from the
Authority, the County, the Water Department and the Utilities Department, whether the service is based on
contract, agreement, application or otherwise, in as full and ample manner as if the same were set out in
each contract, agreement, application or otherwise.  
  
§ 93-47. Variance. 
Under special circumstances on a case-by-case basis, the Authority and/or the County may deviate from the
terms of this Part 2 for undue hardship by motion duly passed acting in formal session. For those variances
affecting the water system, approval by the County Board of Commissioners shall be required. For those
variances affecting the water system owned by the City and maintained and operated by the Authority,
approval by the Authority shall be required in accordance with the Authority Policies. Variances affecting
both the water system and the water system owned by the City and maintained and operated by the
Authority shall require the approval of both the County Board of Commissioners and the Authority. In
every case, application for a variance shall be submitted to the Utilities Director, who shall seek comments
from the Authority Director and shall then present the application to the County Board of Commissioners.
(If comments are not received from the Authority Director within a reasonable time, the Utilities Director
may submit such application to the County Board of Commissioners without such comments.) The County
Board of Commissioners shall determine whether such a variance should be granted (if affecting the water
system) and/or submitted to the Authority for approval (if affecting the water system owned by the City and
maintained and operated by the Authority).  
§ 93-48. Severability. 
If any portion of this Part 2 or the application thereof to any person or circumstance is held invalid, such
invalidity shall not affect any other provision or application, and to this end, the various provisions of this
Part 2 are declared to be severable.  
§ 93-49. Titles. 
Titles used in this Part 2 are for convenience only and shall not be considered in interpreting their meaning
or scope.  
§ 93-50. Litigation. 
The County, the Authority, and/or the city shall institute and/or defend all litigation affecting its powers
and duties or which relates to the water system and the property and rights connected therewith or
incidental thereto. The Utilities Department shall immediately report to the Authority's attorney and the
County's attorney if any legal process is served on the County and/or the Utilities Department, in a manner
affecting the powers, duties, properties, or trusts of the County. 
 
§ 93-51. Limited Liability. 
The Authority, the County, the City and/or the Districts shall not be liable for any losses, injuries or
damages related in any way to the water system and/or the water system owned by the city and maintained
and operated by the Authority or the maintenance or operation of either except for its affirmative
negligence and then only to the extent of its insurance coverage or the extent set forth below.  
§ 93-52. Failure to Provide Service. 
Neither the Water Department, the Utilities Department, the City, the County, the Districts nor the
Authority shall be liable to consumers, customers, owners or any other person for the failure to furnish
water for any purpose or any conditions, or for the quantity, quality, pressure or rate of the water furnished,
or for any damage that may result from the shutting off of water, even though no notice of the shutting off
of water shall have been given to the customer or consumer, except those damages occurring in cases of
affirmative negligence by the Authority, the City, the County, The Districts, the Utilities Department, or the
Water Department.  
§ 93-53. Report of Claims. 
The Utilities Director shall maintain a file containing the name of each claimant, the amount of the claim
and a summary of the basis of the claims for all claims related to the water system whether covered by
insurance or not. The Utilities Director shall send a copy of each claim received to the Authority Director
on behalf of the Authority. 
 
§ 93-54. Eligibility for Service. 
Subject to the availability of water, any person residing in or doing business within the service district shall
be eligible to apply for water service from the water system and the water system owned by the City and
  
maintained and operated by the Authority, which application shall be considered in accordance with the
provisions of this Part 2 and in all other respects with all the rules, regulations and procedures prescribed by
the Authority.  
§ 93-55. Governmental Service. 
Water service at County facilities shall be metered and subject to the minimum monthly meter charge. The
Authority will provide to all direct activities operated as general governmental services by the County,
except schools, a reasonable amount of water free of charge.   
Article 4 – Extensions
§ 93-56. General Policy. 
This Part 2 is established to clearly state the procedure which must be followed in order for an extension of
the water system and/or the water system owned by the City and maintained and operated by the Authority
to be considered.  
§ 93-57. Service District. 
It shall be unlawful for any person(s) to construct, operate or maintain a public or private water system(s)
within the specified boundaries of the Service District without the expressed written approval of the
respective County, district(s) and/or Authority as provided for herein below.  
§ 93-58. Application.  
A.
Any person(s) who wish (es) to construct an extension and connect the extension into the 
water system and/or the water system owned by the City and maintained and operated by 
the Authority must make application to the Utilities Director on the approved form. Said 
application form shall be completely filled out, properly signed, and notarized.  
B.
The applicant shall be required to comply with all application requirements of the 
Authority Policies as contained in Paragraph IV(A), which requirements are hereby 
incorporated by reference as if fully set forth herein, except for the following:  
(1)
All required information shall be submitted to the Utilities Director, who shall 
review it for conformity with the provisions of this Part 2. Upon a determination
that the application is in conformance with the provisions of this Part 2, the 
Utilities Director shall approve the application on behalf of Henderson County, 
and forward the application to the Authority Director.  
(2)
The applicant shall be required to submit 6 sets of plans and specifications, 
instead of the 4 sets required by Subparagraph IV(A)(2) of the Authority 
Policies.    
C.
The applicant shall be required to comply with all of the requirements as contained in 
Paragraphs IV(B), IV(D) and IV(E) of the Authority Policies, which requirements are 
hereby incorporated by reference as if fully set forth herein, except for the following:  
(1)
The extensions must comply with any and all rules, regulations, or requirements 
of the North Carolina Department of Natural Resources, not the Department of 
Human Resources.  
(2)
The applicant shall be required to deed all easements for the extension to the 
County, the City, and/or the Districts, rather than the City,(see Subparagraph 
IV (D) (3) of the Authority Policies)
as follows: the easement shall be deeded to 
the city if the extension is a regional water line, otherwise the easement shall be 
deeded to the County.  
(3)
The applicant shall be required to submit to the Utilities Director a copy of the 
drawings and specifications as approved by the Authority pursuant to 
Subparagraph IV(E)(1) of the Authority Policies.  
(4)
To the extent that the extension is a regional water line, the provisions contained
in Article 10
below shall also apply. To the extent that the provision contained 
in Article 10
below conflict with those in this Article 4, Article 10 shall be 
  
deemed to control. See §93-68A (1) for additional payments required of the 
applicant.  
(5)
Any references to "the City" shall be deemed to refer to "the City and/or the 
County (Henderson County) as appropriate."  
(6)
The Utilities Director and/or the Henderson County Engineer shall have the 
same privileges and authorities to inspect any extension as the Authority 
Director. Such inspection shall not consist of or imply supervision or approval 
of the work or materials in the extension project. Neither the County nor the 
Utilities Department assumes any responsibility for the work performed or 
materials supplied. The Developer is solely responsible for insuring that the 
extension is completed in accordance with the approved specifications and 
drawings and indemnifies and holds the Authority, the City, the County, and the 
Utilities Department harmless with respect thereto.  
(7)
If the cost of the extension is being paid by the applicant, the applicant shall, 
upon completion of the extension, be required to deed the extension to the 
County. The County shall own, maintain and receive all net revenues from the 
extension in accordance with Subsection 6.7 of the Regional Water Agreement, 
said Subsection 6.7 being incorporated by reference as if fully set forth herein. 
The County may contract with the Authority and/or the City as appropriate to 
provide such maintenance, and to provide any and all billing, collection, and 
enforcement services for such extension upon such terms as are mutually 
acceptable.  
(8)
If the extension is a regional water line, the Utilities Director shall have the right
granted by Subsection 6.4 of the Regional Water Agreement to report in writing 
to the Authority Director any deviations of the extension, said Subsection 6.4 
being incorporated by reference as if fully set forth herein.  
(9)
The applicant shall be subject to the fee schedule adopted by the County and/or 
the districts, rather than the fee schedule of the Authority.  
(10)
The Utilities Director shall have the authority to determine the size and location 
of any extension.  
(11)
The Developer shall guarantee the entire extension project against defective 
materials and workmanship for a period of 12 months from the date of 
completion and acceptance of the County for claims arising out of defective 
materials and workmanship, including such incidental damages as may arise 
from such claim.  
(12)
The Authority and/or the County shall have the right to discontinue service to 
any licensed premises wherein the customer or consumer does not maintain the 
piping and connections beyond the meter in good repair.    
D.
Connections by the Water Department. Except as otherwise provided by this Part 2, every
connection of an extension to the water system (defined as the County's water system in 
§93-42) shall be made by the Water Department (or by a contractor specified by the 
Utilities Director in the event mutually acceptable terms for such service from the Water 
Department cannot be reached). However, the Utilities Department shall have the 
authority to determine the location of the connection to be made. Except as otherwise 
provided by this Part 2 or authorized by the Authority, every connection to the water 
system owned by the City and maintained and operated by the Authority shall be made
by 
the Water Department.    
§ 93-59. Extensions by County, Authority or Districts.  
A.
The County and/or the Districts shall have the authority to construct any extensions at 
their sole cost and expense and connect such extensions to the water system and/or the 
water system owned by the city and maintained and operated by the Authority. Nothing 
in this Part 2 shall be deemed to preclude any such extension by the County and/or the 
Districts. Any extension shall be considered a regional water line, a water transmission 
line, a water distribution line, and/or a main, as appropriate. Any extensions made by the 
County or the districts to the water system owned by the City and maintained and 
  
operated by the Authority will comply with the current Asheville Buncombe Water 
Authority Water System Extension Design Guidelines and Specifications.  
B.
In constructing an extension the County and/or the Districts as appropriate shall be 
required to comply only with applicable provisions of the regional water agreement.  
C.
In the event the Authority constructs an extension of the water system owned by the city 
and maintained and operated by the Authority serving only customers outside Henderson 
County, the Authority shall provide written notice to the Utilities Director of such 
extension for informational purposes only, without any requirement to comply with the 
policies in this Part 2. To the extent the Authority constructs a nonregional water line that
is an extension of the water system owned by the City and maintained and operated by 
the Authority that will serve customers within Henderson County, the Authority must 
receive prior approval from the Henderson County Commissioners for such extension; 
however, the application and fee requirements of §93-58 shall be deemed waived.   
Article 5 - Connections
§ 93-60. General Policy. 
This policy is established to clearly state the procedure which must be followed in order for a connection to
the water system and/or the water system owned by the city and maintained and operated by the Authority
to be considered.  
A.
Unauthorized use. It is unlawful for a person to have any connections made to any 
premises or to take and use any water from the water system and/or the water system 
owned by the city and maintained and operated by the Authority without first obtaining 
permission to do so from the Utilities Department and the Water Department. The right to
take and use water distributed through the water system and/or the water system owned 
by the city and maintained and operated by the Authority exists only under permit and 
approval, and no connection may be made or modified to the water system and/or the 
water system owned by the city and maintained and operated by the Authority or to any 
privately or publicly owned extension thereof for any purpose unless a permit shall first 
have been obtained from the Water Department and the Utilities Department. The 
unauthorized connection may result in the termination of water service to the violator, as 
well as all other penalties, civil or criminal, as provided by law.  
B.
Connections by the Water Department. Except as provided herein, all connections to the 
water system (defined as the County's water system in §93-42) in their entirety, 
including the replacement and repair of pavement and sidewalks, shall be made by the 
Water Department (or by a contractor specified by the Utilities Director in the event 
mutually acceptable terms for such service from the Water Department cannot be 
reached). However, the Utilities Department shall have the authority to determine the 
location of the connection to be made to the water system. Except as provided herein or 
otherwise authorized by the Authority, every connection to the water system owned by 
the City and maintained and operated by the Authority shall be made by the Water 
Department in its entirety.  
C.
Non obligation. The receipt by the Utilities Director of an application for connection or 
water service in general, regardless of whether or not accompanied by a deposit, shall not
obligate the Utilities Director or the Authority to render the service applied for.  
  
§ 93-61. Application
A.
Any person(s) who wish (es) to connect to the water system and/or the water system 
owned by the city and maintained and operated by the Authority must make application 
to the Utilities Director on the approved form. Said application form shall be completely 
filled out, properly signed, and notarized.  
B.
The applicant shall be required to comply with all application requirements and other 
requirements of the Authority Policies
as contained in Paragraph III(B), III(C), III(D) and
  
III(E), which requirements are hereby incorporated by reference as if fully set forth 
herein, except for the following:  
(1)
All required information shall be submitted to the Utilities Director, who shall 
review it for conformity with the provisions of this Part 2. Upon a determination
that the application is in conformance with the provisions of this Part 2, the 
Utilities Director shall approve the application on behalf of Henderson County, 
and forward the application to the Authority Director.  
(2)
The connections must comply with any and all rules, regulations, or 
requirements of the North Carolina Department of Environment and Natural 
Resources if applicable, not the Department of Human Resources.  
(3)
If the connection is made to a regional water line, all net revenues generated by 
the connection shall be deemed net revenues to be credited towards the actual 
regional water line costs of the regional water line to which it is connected in 
calculating additional payments required of the applicant or the County, if any, 
in accordance with §93-68A (1) and 93-69 below.  
(4)
Any references to "the city" shall be deemed to refer to "the city and/or the 
County (Henderson County) as appropriate."  
(5)
The Utilities Director, the Henderson County Engineer, and/or any duly 
authorized employee or agent of the Authority and/or the city shall have the 
authority to inspect any connection. Such inspection shall not consist of or imply
supervision or approval of the work or materials in the extension project. 
Neither the County, the Utilities Department, the City, nor the Authority 
assumes any responsibility for the work performed or materials supplied.  
(6)
If the connection is a regional water line or is connected to a regional water line,
the Utilities Director shall have the right granted by Subsection 6.4 of the 
Regional Water Agreement to report in writing to the Authority Director any 
deviations of the connection, said Subsection 6.4 being incorporated by 
reference as if fully set forth herein.  
(7)
The Applicant shall be subject to the fee schedule adopted by the County and/or 
the districts.  
(8)
The Utilities Director shall determine the location of the connection to be made. 
The Utilities Director shall review the application to determine whether the 
connection can be made into a regional water line, or any water line owned by 
the County. If the Utilities Director determines that connection can be made into
a
regional water line, or a water line owned by the County, the applicant shall be
required to connect into said regional water line or line owned by the County. In
the event the Utilities Director determines that a connection can be made into 
proposed regional water line, or a line proposed for construction by the County, 
but such lines have not been constructed or are in the process of being 
constructed, the Applicant may be granted a conditional permit by the Utilities 
Director, allowing connection into any available line of the water system owned 
by the city and maintained and operated by the Authority until such time as the 
construction of the regional water line or other County-owned line has been 
completed, at which time the applicant shall be required to connect into such 
regional water line or County-owned line.    
C.
Any person who connects to the water system and/or the water system owned by the City
and maintained and operated by the Authority will be required to sign a water service 
agreement in accordance with the terms and conditions contained in Article 6 below.  
Article 6 – Meters
§ 93-62. Exceptions to Authority Policies. 
Paragraphs V(A), V(B), V(C), V(D), V(E), and V(F) of the Authority Policies shall govern meters, such
paragraphs being incorporated by reference as if fully set forth herein, except for the following:  
  
A.
Any references to "the City" shall be deemed to refer to "the City and/or the County 
(Henderson County) as appropriate."  
B.
Duly authorized agents of the Utilities Department shall have the same right of access for
inspection and/or testing of meters as duly authorized agents of the Water Department.  
C.
All required information shall be submitted to the Utilities Director, who shall forward it 
to the Authority Director.  
D.
The applicant shall be subject to the fee schedule adopted by the County and/or the 
districts.  
E.
Ownership of the meters shall be with Asheville for any connections being served by a 
water line owned by Asheville, and shall be owned by the County and/or the districts for 
any connections being served by a water line owned by the County and/or the districts.  
   
Article 7 - Cross-Connection Policy
§ 93-63. Exceptions to Authority Policies. 
Paragraphs VI(A) and VI(B) of the Authority Policies shall govern cross-connections, such paragraphs
being incorporated by reference as if fully set forth herein, except for the following:  
A.
Any references to "the City" shall be deemed to refer to "the City and/or the County 
(Henderson County) as appropriate."  
B.
All required information shall be submitted to the Utilities Director, who shall forward it 
to the Authority Director.  
C.
The applicant shall be subject to the fee schedule adopted by the County and/or the 
districts. 
    
Article 8 - Fire Protection Service
§ 93-64. Exceptions to Authority Policies. 
Paragraphs VII(A) and VII(B) of the Authority Policies shall govern fire protection service, such
paragraphs being incorporated by reference as if fully set forth herein, except for the following:  
A.
Any references to "the City" shall be deemed to refer to "the City and/or the County 
(Henderson County) as appropriate."  
B.
The applicant shall be subject to the fee schedule adopted by the County and/or the 
districts.   
Article 9 - Water Service Agreements
§ 93-65. Agreement Required. 
All persons who receive permission to connect to or extend the water system and/or the water system
owned by the City and maintained and operated by the Authority in the service district will be required to
sign a water service agreement prior to making such connection or extension. Such water service agreement
will contain provisions outlining the terms of the water service to be provided (including but not limited to
the allocation approved by the County and the Authority), shall guarantee payment for the service to be
provided, shall grant to the County and to the Authority the right to disconnect or discontinue the water
service upon nonpayment of fees, and such other terms and provisions as deemed proper by the Utilities
Director and the Authority Director. The water service agreement must be signed by the Authority, the
County, and the Customer in order to be effective. The Utilities Director is hereby authorized to sign all
such water service agreements on behalf of the County.  
 
  
Article 10 - Regional Water Lines
§ 93-66. General Policy. 
Pursuant to this Part 2, the County, the Utilities Director, any person, or any developer may request that a
regional water line be constructed. A regional water line (see Article 2, §93-40) is a transmission line or a
distribution line and associated improvements installed by the Authority at the request of the County
pursuant to the Regional Water Agreement. The provisions of Article 4, above, shall apply to all regional
water lines to the extent not in conflict with this Article 10.  
§ 93-67. Application Procedures. 
The following procedures must be followed when requesting a regional water line:  
A.
Application requirements. All requests for a regional water line must be initiated by and 
through the Utilities Director. Any person who is desirous of requesting a regional water 
line shall be required to make application to the Utilities Director on the approved form. 
Said application form shall be completely filled out, properly signed and notarized. The 
applicant shall be required to comply with the following application requirements:  
(1)
The applicant shall state on the application the name of the person(s) by whom 
the application is made, which shall be the customer(s) or his/their duly 
authorized agent.  
(2)
The applicant shall be required to provide two copies of all information required
by Subparagraphs III(B)(1) and IV(A)(1), (2), and (3) of the Authority Policies, 
such subparagraphs being incorporated by reference as if fully set forth herein.  
(3)
The applicant shall be required to state all anticipated customers to be served by 
the regional water line, the anticipated water usage by each customer, and an 
anticipated connection date of each customer.  
(4)
The applicant shall be required to provide an estimate of cost of installation of 
the regional water line assuming that it is constructed in accordance with the 
requirements for extensions stated herein, prepared by a duly licensed engineer.  
(5)
All customers shall be required to sign a water service agreement guaranteeing 
payment for water services to be provided.  
(6)
The applicant shall be subject to the fee schedule adopted by the County and/or 
the districts.    
B.
Meeting required. Upon receipt of an application for a regional water line and all 
information required by this Article 10, the Utilities Director shall conduct an initial 
review of the application for conformance with the requirements of this Part 2. Upon 
completion of the initial review, the Utilities Director shall meet with the applicant to 
make sure that enough information has been provided to enable the Utilities Director to 
make application to the Authority for the regional water line. In the event the Utilities 
Director determines that more information is needed, the applicant shall be required to 
provide such additional information. The Utilities Director may require that more than 
one meeting be held with the applicant. The Utilities Director shall use the meeting(s) as 
an opportunity to gain a thorough understanding of the regional water line being 
requested.  
C.
Submission to the Authority. When the Utilities Director has met with the applicant, has 
obtained all required and requested information, and has gained a thorough understanding
of the requested regional water line, the Utilities
Director shall make a final 
determination as to whether the application conforms to all of the requirements of this 
Part 2. Upon such a determination, the Utilities Director shall approve the application on 
behalf of the County, and shall then send a written request for a regional water line to the 
Authority Director, and shall convey a copy of all information submitted by the applicant
to the Authority Director.  
D.
Meeting with the Authority Director. At such time as is convenient to both the Authority 
Director and the Utilities Director, the Utilities Director shall meet with the Authority 
Director to discuss the requested regional water line. As required by Subsection 6.1(B) of
the Regional Water Agreement, the Utilities Director and the Authority Director will 
  
determine the projected regional water line costs and the projected regional water line 
revenues for the regional water line to be received over a 9 year period, said 
Subsection 6.1(B) being incorporated by reference as if fully set forth herein.  
E.
Report back to applicant. Upon a determination by the Utilities Director and the  
Authority Director of projected regional water line costs and the projected regional water 
line revenues for the regional water line to be received over a 9 year period, the 
Utilities Director shall report said costs and revenues to the applicant(s). The applicant(s) 
shall be required to notify the Utilities Director in writing of whether he/they wish to 
proceed with the application or not, taking §93-68A into account. If the applicant(s) 
indicates that he/they wish to proceed, he/they shall be required to sign a water service 
agreement, and to obtain signatures on water service agreements from all anticipated 
customers of the regional water line.    
§ 93-68.  Regional Water Line Project; Binding Arbitration.  
A.
Upon a determination by the Utilities Director and the Authority Director of projected 
regional water line costs and the projected regional water line revenues, the Utilities 
Director shall confirm them in writing to the Authority Director. Provisions contained in 
Subsection 4.2 and Sections VI, VII, VIII, IX, and X of the Regional Water Agreement 
shall control the regional water line project. Said Subsection 4.2 and Sections VI, VII, 
VIII, IX, and X of the Regional Water Agreement are hereby incorporated by reference 
as if fully set forth herein. Additionally, the following requirements shall apply:  
(1)
Additional payments required. Pursuant to the Regional Water Agreement, the 
Authority is required to contribute an amount equal to the projected regional 
water line revenue to be received over a 9 year period to the cost of the  
regional water line. If the projected regional water line revenues for the 
requested regional water line are insufficient to pay the projected regional water 
line costs, the applicant(s) shall be required to pay the difference to the County 
for payment to the Authority. Additionally, if at the end of a 9 year period 
after completion of the regional water line by the Authority, the actual net 
revenues received by the Authority are less than the actual regional water line 
cost, the applicant(s) shall be required to pay the difference to the County for 
payment to the Authority.  
B.
Notwithstanding anything herein to the contrary, neither Subsection 4.2, Section IX, nor 
Section X of the Regional Water Agreement shall be made subject to binding arbitration. 
Binding arbitration as a means of dispute resolution is only limited to those provisions 
specifically referenced as being subject to binding arbitration in the Regional Water 
Agreement.   
 
§ 93-69. Request for a Regional Water Line by County; Binding Arbitration.  
A.
Pursuant to the terms of the Regional Water Agreement, and pursuant to Subsection 4.2 
and Sections VI, VII, VIII, IX, and X of the Regional Water Agreement, the County, by 
and through its Utilities Director, may request a regional water line from the Authority. 
Subsection 4.2 and Sections VI, VII, VIII, IX, and X of the Regional Water Agreement 
are hereby incorporated by reference as if fully set forth herein. The County shall be 
required to provide all information required by §93-67 above, and to comply with all of 
the requirements of §93-67 and 93-68 above, to the same extent as an applicant.  
B.
Notwithstanding anything herein to the contrary, neither Subsection 4.2, Section IX, nor 
Section X of the Regional Water Agreement shall be made subject to binding arbitration. 
Binding arbitration as a means of dispute resolution is only limited to those provisions 
specifically referenced as being subject to binding arbitration in the Regional Water 
Agreement.   
  
Article 11 – Fees
§ 93-70. Schedule of Fees. 
The Henderson County Board of Commissioners and/or the District(s) Board shall enact a schedule of fees
for the services to be provided pursuant to this Part 2 as required by Subsection 5.2 of the Regional Water
Agreement, said Subsection 5.2 being incorporated by reference as if fully set forth herein. Such fees shall
include usage fees equal to or greater than those usage fees set by the Authority pursuant to Subsection 5.3
and/or 4.1 of the Regional Water Agreement, said subsections being incorporated by reference as if fully
set forth herein. All customers shall be required to pay the fees adopted by the County and/or the districts
regardless of whether they connect into the water system or the water system owned by the City and
maintained and operated by the Authority. The Authority shall be entitled to recover all fees, including
usage and administrative fees or charges enacted by the Authority pursuant to Section 5.3 and 5.2 of the
Regional Water Agreement, from customers connected directly to the water system owned by the city and
maintained and operated by the Authority, except that water usage fees adopted by the Henderson County
Commissioners in excess of those rates set by the Authority pursuant to Section 5.3 of the Regional Water
Agreement shall be paid to the County to the extent of such excess. Notwithstanding the above, Section
VIII of the Regional Water Agreement shall control the allocation of revenues generated from regional
water lines. Nothing herein shall be deemed to grant to the County the ability to lower the usage rates
established by the Authority.  
Article 12 - Customer Services
§ 93-71. General Policy. 
This policy is established to clearly state the procedure which must be followed in order for a customer to
receive water service.  
A.
Unauthorized use. It is unlawful for a person to alter the water system and/or the water 
system owned by the City and maintained and operated by the Authority in any way to 
receive water service or to take and use any water from the water system and/or the water
system owned by the City and maintained and operated by the Authority without first 
obtaining permission to do so from the Water Department. The right to take and use 
water distributed through the water system and/or the water system owned by the City 
and maintained and operated by the Authority exists only under permit and approval. 
Violation of this section may result in the termination of water service to the violator, as 
well as all other penalties, civil or criminal, as provided by law.  
B.
Service by the Water Department. All water service from the water system (defined as 
the County's water system in §93-42) will be turned on by the Water Department (or by 
a contractor specified by the Utilities Director in the event mutually acceptable terms for 
such service from the Water Department cannot be reached) and may not be turned on by
the customer. All water service from the water system owned by the city and maintained 
and operated by the Authority shall be made by the Water Department and may not be 
turned on by the customer.
    
§ 93-72. Application.  
A.
Any person(s) who wish (es) to receive water service from the water system and/or the 
water system owned by the City and maintained and operated by the Authority must 
make application to the Utilities Director on the approved form. Said application form 
shall be completely filled out, properly signed, and notarized.  
B.
The applicant shall be required to comply with all application requirements and other 
requirements of the Authority Policies as contained in Paragraphs IX(A), IX(B), IX(C), 
IX(D), IX(E), and IX(F), which requirements are hereby incorporated by reference as if 
fully set forth herein, except for the following:  
  
(1)
All required information shall be submitted to the Utilities Director on forms 
approved by the Utilities Director, who shall forward it to the Authority 
Director.  
(2)
Any references to "the City" shall be deemed to refer to "the City and/or the 
County (Henderson County) as appropriate."  
(3)
The applicant shall be subject to the fee schedule adopted by the County and/or 
the districts.    
C.
Any person requesting water service shall be bound by the terms of the Water Service 
Agreement previously existing for that connection into the water system and/or the water 
system owned by the City and maintained and operated by the Authority, unless such 
person is requesting a larger allocation than existed previously, in which case the person 
will be required to sign a new Water Service Agreement in accordance with the terms and
conditions contained in Article 9 above.  
 
Article 13 - Appeals
§ 93-73. Exceptions to Authority Policies. 
Nothing in this Article 13 shall be deemed to grant to the Henderson County Board of Commissioners more
authority than is contained in the Regional Water Agreement. Paragraphs XI(A), XI(B), XI(C) and XI(D)
of the Authority Policies shall govern appeals, such paragraphs being incorporated by reference as if fully
set forth herein, except for the following:  
A.
The procedures specified in Paragraph XI (D) shall be conducted by the Henderson 
County Board of Commissioners and not the Authority. Any references to "the 
Authority" shall be deemed to refer to "the Henderson County Board of Commissioners."  
B.
All required information regarding the complaint shall be initially submitted to the 
Utilities Director, who shall forward it to the Authority Director.  
C.
As required by Subsection 5.5 of the Regional Water Agreement, the Henderson County 
Board of Commissioners shall not waive any fee or charge requirement pertaining to an 
applicant for water line connection or extension or approve the Authority's assumption of
any extension costs for an applicant's project without the prior written consent of the 
Authority.  
D.
The applicant shall be subject to the fee schedule adopted by the County and/or the 
districts.  
Article 14 - Water Use Restrictions
§ 93-74. Adoption of Restrictions by Commissioners. 
In the event that the adequacy of the water supply from the Mills River Treatment Plant is endangered
without regard to the quantity of water from said source being heretofore used by customers in Buncombe
County, then the Henderson County Commissioners shall adopt a resolution setting forth appropriate water
use restrictions in substantial conformity with Article X of the Authority Policies. Article X of the
Authority Policies shall control, without limitation, concerning the use of water supplied from the North
Fork and Bee Tree reservoirs.  
Article 15 - Interruptions of Service
§ 93-75. Exceptions to Authority Policies. 
Paragraphs XIII (A) and XIII (B) of the Authority Policies shall govern interruptions of service, such
paragraphs being incorporated by reference as if fully set forth herein, except for the following:  
  
A.
Any references to "the City" shall be deemed to refer to "the City and/or the County 
(Henderson County) as appropriate."  
B.
The applicant shall be subject to the fee schedule adopted by the County and/or the 
districts, rather than the fee schedule of the Authority.  
   
Article 16 - Water Availability
§ 93-76. Exceptions to Authority Policies. 
Paragraphs II(B) and II(C) of the Authority Policies addressing water availability are hereby incorporated
by reference as if fully set forth herein, except for the following:  
A.
The person shall request the advisory letter from the Utilities
Director, rather than the 
Authority Director. Upon receipt of such a request, the Utilities Director shall request 
such an advisory letter from the Authority Director. Upon receipt, the Utilities Director 
shall convey the Authority Director's advisory letter to the person.  
B.
The persons shall request the commitment letter from and shall pay all required fees to 
the Utilities Director, rather than the Authority Director. Upon receipt of such a request, 
the Utilities Director shall request such a commitment letter from the Authority Director 
and shall forward the requisite fee to the Authority Director. Upon receipt, the Utilities 
Director shall convey the Authority Director's commitment letter to the person.  
C.
Advisory letters are not binding on the County, nor the Utilities Director. Additionally, 
commitment letters issued by the Authority to any person pursuant to this Article 16
and Paragraph II(B) and II(C) of the Authority Policies shall be commitments between 
the Authority and the person, and shall not be binding on the County or the Utilities 
Director.     
§ 93-77. Through 93-100. (Reserved)