March 1, 2023
General
These Terms of Use govern access to, and use of, the website of Orchard City Irrigation District (“OCID”,“we,” “us,” and “our”). These Terms of Use constitute a legal agreement between you (referred to herein as “you,” “your,” or “user,”) and OCID. As a condition of using the website, you agree to be legally bound by all the terms and conditions contained herein. Please read these terms carefully. We are willing to allow you access to and the use of the website, and to provide related information, services, functionality, and materials, only on the condition that you accept and agree to all of the terms contained in these Terms of Use. If you do not agree with these Terms of Use, you are not granted permission to access or use this website and you are instructed to exit the site immediately.
Please note that we reserve the right to change the terms and conditions stated herein by posting revised Terms of Use on our website. Your continued use of the website following any change will be deemed acceptance of any change to the terms and conditions of these Terms of Use. Accordingly, please review these Terms of Use on a periodic basis.
Eligibility
By using this website, you represent and warrant that you own real property within OCID, you pay annual assessments to OCID and you are entitled to a portion of water stored by the OCID in the Fruitgrowers Reservoir.
Submissions/Listing
By making a Submission/Listing to either rent out your water or acquire water, you agree that no Submission/Listing to us via the website or any other form will violate the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary right(s).
Agreements for Temporary Transfer of OCID Water
In providing access to this website, OCID is providing ONLY a forum for owners of real estate within OCID to post their interest in temporarily renting their rights in irrigation water to others owning land within OCID or expressing an interest in temporarily acquiring a right to another party’s OCID water.
- OCID recommends that prior to completing any water rental agreement, the parties confirm with OCID the current percentage allocation in effect and the volume of water in c.f.s. that is then applicable to the OCID acres being rented. Each user of this website acknowledges, understands and assumes the risk that the OCID water available under any water rental agreement into which they may enter may increase or decrease after the date of the agreement. Each user of this website understands and acknowledges that the OCID board of directors, in its sole discretion, may from time to time change the percentage of water allocated to each OCID Acre and that such change may effect the volume of water available under any OCID water rental agreement. Each user of this website further acknowledges and understands that all OCID water is subject to minimum water order requirements. As of March 1, 2023, any water order MUST be for at least .25 cfs daily and MUST continue for at least two consecutive days.
- OCID will not be responsible for negotiating, memorializing or enforcing any terms of any agreements reached between the parties. All terms and conditions of any rental agreement to temporarily transfer the use of OCID irrigation water are strictly between the parties. By using this website, the parties expressly discharge and release OCID, its board of directors, its agents and its employees from any liability for defects in the lease agreement and from any obligation to interpret or otherwise enforce the lease agreement. The only document that the parties should submit to OCID upon reaching their lease agreement is the “notice of assignment of ocid water rights for the 2023 irrigation season”. a copy of that form is available for downloading or printing on this website.
- OCID encourages all parties to seek the assistance of legal counsel in the negotiation, preparation and execution of any water lease agreement reached.
Compliance with Law
By using this website and making any Submission/Listing, you agree not to engage in any unlawful, abusive, immoral, or obscene conduct. You will not encourage conduct that would be considered, or is, criminal. You are solely responsible for your use of this website and the content of any Submissions, and we reserve the right to take action if we reasonably deem it necessary to cure or prevent a violation of the Terms of Use, including removing from this website any materials, comments, feedback, or Submissions by you.
Additional Terms and Conditions
Additional notices, terms, and conditions may apply to the use of this website as a forum by which eligible participants can provide notice of their interest in either temporarily making available or temporarily acquiring irrigation water to which they may be entitled as a result of their ownership of real property within the Orchard City Irrigation District. You agree to abide by such other notices, terms, and conditions, as applicable. If there is a conflict between these Terms of Use and other notices, terms, and conditions posted on this website or in any agreement between us and you, Orchard City Irrigation District shall resolve any conflict in good faith in its sole discretion, but in general the specific terms of any other notices, terms, and conditions posted on this website or any agreement between us and you will control.
Disclaimer and Limitation of Liability
This website, its Content, and any information available on or through the website are provided “as is” and “as available” and without any representations or warranties of any kind, either express or implied, to the fullest extent permitted by law. We reserve the right to change the information published on this website at any time and without notice, and disclaim all responsibility for these changes. We may discontinue this website and its Content at any time and for any reason, without notice. We may change the contents, operation, and any and all features of the website and its Content at any time for any reason, without notice. We may discontinue or restrict your use of the website and its Content at any time for any reason, without notice. You expressly agree that your use of the website and the Content is at your sole risk.
Miscellaneous
You may not reproduce (except as described below), create derivative works from, sell, replicate, distribute in any way, or display any Content without our prior written permission. The Content of this website, and the website as a whole, is intended solely for personal use by you and any other users of this website. You may download a copy of any materials found in the Content of this website for your personal, non-commercial use only. Your download of such Content is not a transfer of title to any Content and your use of such material is subject to the following restrictions. You may not:
Modify or create any derivative work based on the Content;
Use the Content, in whole or in part, for any commercial purpose or public display, performance, sale, or other commercial exploitation;
Reproduce the Content or the website, in whole or in part, except as necessary and incidental to downloading a copy of the Content for your personal, non-commercial use only, as expressly provided herein.
We do not represent or warrant that your use of the site, or the operation or function of the site, or any content thereof, or any services offered in connection with it, will be uninterrupted or error free; that defects with it will be corrected; or that the site or its server are free of viruses or other harmful elements. Certain information on the website may be updated or provided by a source other than us and we do not assume any liability or responsibility for the accuracy of such information.
To the fullest extent permitted by law, we will not be liable for any damages of any kind arising from the use of this website and its Content, including, but not limited to, direct, indirect, incidental, exemplary, punitive, special, and consequential damages or any damages of any type arising out of your access, use, misuse, or inability to use this website or any linked sites or services; in the event a third party intercepts or decrypts any transmission of information that you provide to us through this website or via other electronic means; in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or system failure; or with respect to any claim or damage arising from a cause beyond our control whether in an act under contract, negligence, tort, strict liability, or any other theory, even if we have been previously advised of the possibility of such damages.
Applicable Law
These Terms of Use, your rights and obligations, and our rights and obligations, and all actions contemplated by these Terms of Use will be governed by Montana law, without regard to principles of conflicts of law and as if these Terms of Use were a contract wholly entered into and wholly performed within Montana. Any dispute relating in any way to your visit to this website shall be submitted to courts serving Colorado’s 7th Judicial District (Delta County).
Indemification
You agree to defend, indemnify, and hold harmless OCID and its affiliates, successors, and assigns, and its directors, officers, employees, and agents from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorneys’ fees and other legal expenses, and judgments of any kind or nature, incurred by us arising out of or relating to your use of the website.
Term and Termination
These Terms of Use will take effect at the moment you begin accessing or using the website. We reserve the right not to provide the website or its Content to any user. We also reserve the right to terminate any user’s right to access the website or its Content at any time, in our discretion. You may terminate the agreement created by these Terms of Use at any time by ceasing to use the website and its Content, but all applicable provisions of these Terms of Use will survive termination and each re-access or use of the website and its Content will reapply these Terms of Use (as in effect at the time) to you.
Miscellaneous
The failure of OCID to enforce any provisions in these Terms of Use or to respond to a breach by you or other parties shall not in any way waive our rights to enforce any terms or conditions of these Terms of Use or to act with respect to similar breaches.
If any provision in these Terms of Use are invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid, unenforceable provision will be deemed superseded by a valid, enforceable provision that matches most closely with the intent of the original provision.
These Terms of Use constitute the entire and final Terms of Use regarding the website and its Content, and supersedes any prior or contemporaneous communications between OCID and you regarding the website and its Contents.
All rights not expressly granted herein are reserved.
Contact Us
Orchard City Irrigation District
PO Box 330
Eckert, CO 81418
P: (970-835.3817)
E: admin@ocidcolorado.com