Is a water meter location for development a binding contract?
I requested a new water meter for SFR on a vacant corner 10 acre parcel in Joshua Tree, CA (in San Bernadino Couty). A main water line runs right along a 660 foot side road frontage of the property. I was required to do everything online as their offices are still closed since pandemic & remodel. I was required to fill out forms for Water Use Questionnaire and submit plot plan requirements for installation of new service. I was not pulling a permit at this time, just requesting a water meter to be located for irrigation right now on the north 5 acres & for a future building site which I put on the site plan. I drew up an entire site plan per their specifications showing the property lines, road easements, hydrant, fence driveway etc... and the specific location of the proposed water meter in the easement ( which we marked with 2 blue stakes). It was all put together with Will Serve Letter & Fire Flow letter and approved and signed by the Joshua basin Water District Manager and me via Docuserve, then I had 30 days to pay the required $17,329.00 in fees, which I did.
It took about 10 months. With no notification they installed my meter 269 feet south of where I designated it on the plot plan I made per their request. Now they tell me the site plan is sent to the county for approval or just to make sure your not building a hotel with a 1" water line, but the water district meter location never goes off the site plan. According to them "the water meters are installed on one of the property corners, not in the center of the property". They have also told me I needed to notify the district in advance if the customer wants to discuss the location of the meter. When I told them I just sold a 2 acre parcel with a meter in the center, they said 'but now our policy is different, we put the meter in the safest place for the meter'. Of course the district has final authority of where to put the meter. This property can be divided up for future developement into 4 parcels so putting a meter on one side to serve a house 500 feet away would make it almost impossible to divide it up properly in the future. So I have submitted a request to move the meter which may be another $1500, she told me on the phone.
I plan to go to the water board with a complaint. It makes no sense to me for them to request a site plan and then say they never follow it at all, but expect you to make a separate request to put the meter in a specific location. I think they are just making excuses, but my question to developers is was this meter a binding contract ? They say they fullfilled the contract and put in a meter. Did I have a reasonable expectation that the meter would be placed according to the site plan? Any advice would be appreciated. Thank You
They say they fulfilled the contract. Was there a contract?