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rocedure 718 EBMUD EFFECTIVE 27 JUN 06 SUPERSEDES 25 AUG 04 RAW WATER AQUEDUCT RIGHT-OF-WAY NON-AQUEDUCT USES LEAD DEPARTMENT O&M PURPOSE -To establish procedures and criteria for review and authorization of surface and sub-surface use of District-owned property containing raw water aqueducts for purposes other than installation, maintenance, and operation of District raw water aqueducts. Forms Used L-14 Limited Land Use Permit K47 Work Request Agreement N-15 Certificate of Public Liability Insurance N-17 Certificate of Workers' Compensation Insurance Application for Use of EBMUD Property or Request for Information General Fund Receipts for Miscellaneous Payments Authority and Use, development, and control of fee-owned rights-of-way for District and non-District Responsibility uses must be consistent with water supply security and the rights and obligations of the District. District and non-District uses of District-owned aqueduct rights-of-way may be permitted when they conform to Policy 7.01,Aqueduct Rights-of-Way Maintenance. • No use of District aqueduct properties by others will be permitted as a condition to meet city/county zoning requirements or to obtain any land use permit, approval, or entitlement affecting properties not owned by the District. • No use of District properties by others will be permitted except under terms of a written agreement. • Use of raw water aqueduct rights-of-way for District purposes shall have the concurrence of the Aqueduct Section Superintendent. Use of aqueduct rights-of-way for District treated water lines shall include all applicable aqueduct protections required for similar third party utility water line crossings. For the Mokelumne, Lafayette, and Moraga raw water aqueducts, acceptable long- term uses of the rights-of-way include but are not limited to: utility crossings, road crossings, limited agriculture, equestrian and pedestrian trails, parks, oil and gas leases, and District-owned ground water.wells; acceptable, long-term uses of rights- of-way and easements for future raw water aqueducts will be evaluated upon facility completion. Such uses will be authorized by letter, limited land use permits, revocable licenses, leases or easements, as appropriate. All approved uses will conform to the requirements and limitations described in Requirements for Entry or Use (Supplemental No.1 to Procedure 718)and all other conditions as specified in the written approval, permit or easement for each individual use. The Water Supply Division is responsible for monitoring permitted uses and detecting and preventing unauthorized uses of raw water aqueduct rights-of-way. The Legal Department and the Manager of Real Estate Services will be consulted whenever an unauthorized user will not voluntarily desist.