Connections for property located outside water service area.
San José Municipal Code § 15.08.300
in effect15.08.300 - Connections for property located outside water service area.
A. Notwithstanding any other provisions of Chapter 15.08 to the contrary, the provisions of this section shall apply to and control applications to connect property located outside the boundaries of the service area of the San José municipal water system.
B. Application to connect property located outside the boundaries of the service area of the San José municipal water system, and outside the boundaries of the city, may be granted only if all of the following conditions exist:
1. There is a failure of an existing water supply to the property and there is no other source of water supply available to the property; and
2. The applicant is the owner of the property to be served or a duly organized mutual water company that is a state small water system, as defined in the California Water Code; and
3. The applicant will own and be responsible for all costs of construction, operation and maintenance of facilities located outside the service area of the San José municipal water system.
4. If the property to be served is located adjacent to or coterminous to the boundaries of the city, the applicant has filed an application for annexation of the property to be served into the City of San José, and the applicant has waived any and all rights to a San José municipal water system water connection in the event annexation of applicant's property does not take place.
5. Water served by the municipal water system will only be used to serve uses existing on the property at the time of commencement of the service.
C. Application to connect property located outside the boundaries of the service area of the San José municipal water system, and within the boundaries of the city, may be granted only if all of the following conditions exist:
1. There is a failure of an existing water supply to the property or there is no other source of water supply available to the property; and
2. The applicant is the owner of the property to be served or a duly organized mutual water company that is a state small water system, as defined in the California Water Code; and
3. The applicant will own and be responsible for all costs of construction, operation and maintenance of facilities located outside the service area of the San José municipal water system.
D. The granting of a water connection to property located outside the service area of the San José municipal water system is hereby declared to be a mere privilege revocable at the pleasure of the council, and this privilege may be granted or withheld in the absolute discretion of the city council.
E. Nothing contained herein shall be construed as limiting the discretionary power of the city. The council, in the exercise of its discretion, specifically reserves the right to require the fulfillment of conditions in addition to those specified herein. The council expressly reserves the right to withhold permission in any case where in its opinion the best interests of the people of the city will be served thereby.
(Prior code § 7601.2; Ords. 18670, 25962.)
Source: City of San José, Municipal Code (Municode Library, library.municode.com)URL: https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT15PUUT_CH15.08MUWASY_PT2SEAR_15.08.300COPRLOOUWASEARFetched: 11/1/2026