Article 2 - Definitions

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.

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)

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)).

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.