EXHIBIT 3

10/20/00                 Exhibit 3

CONCEPTUAL OUTLINE FOR IMPLEMENTATION GUIDELINES
FOR WATER DISTRIBUTION SYSTEMS
Assumes Variations A and C of Ordinance No. 96
October 26, 2000
The following is a Conceptual Outline of Implementation Guidelines for Water Distribution Systems that would be prepared to function in tandem with Ordinance No. 96. The intent is to provide specific procedures and information requirements while providing some flexibility to address unanticipated situations. The Board would direct that the Implementation Guidelines be finalized upon adoption of the ordinance, and approve the Guidelines at a subsequent meeting. Any substantive change to the Guidelines would be approved by the Board.
 

Most applicants are directed to MPWMD by the Health Department when it issues well construction permits because all new wells within the District must be registered, metered and reported annually. When applicants register their wells, MPWMD staff can help them assess whether a water distribution system permit is needed using the following guidelines.


Section 1: Is a Water Distribution System Permit Needed?

Define "water distribution system" pursuant to Ordinance No. 96, and state MPWMD authority to regulate water distribution systems. Briefly describe why systems are regulated.

Describe who must apply for a water distribution system permit. Remind applicant that permanent, potable mobile water distribution system are prohibited by the County, and no application will be accepted by MPWMD.

Describe who does not have to apply (based on list of exemptions), and have applicant check to see if they meet exemption criteria, such as:

If applicant meets one or more exemption criteria, stop. The ordinance does not apply.

Applicant moves on to Section 2 if the ordinance applies.

The Carmel Valley alluvial aquifer is defined as the mapped jurisdiction of the State Water Resources Control Board (SWRCB). Large-scale maps and other data-base information are available to applicants and staff to assess accurate locations. For projects located near the SWRCB jurisdiction boundary that are difficult to categorize, the General Manager will determine whether the project is in the alluvial aquifer based on well drilling logs and other hydrologic data. Similarly, the Seaside coastal subareas have been mapped based on previous hydrogeologic studies, and could be refined in the future based on future studies.


Section 2: Determine Procedural Path Based on System Description

A series of questions will be posed about the proposed water distribution system to determine which of several procedural paths should be taken. Based on the information provided, the applicant will be provided the correct forms and worksheets that provide details on the information requirements (e.g., length of well capacity test, water quality information), and describe the specific approval process (staff, General Manager or Board). Questions include:

Section 3: Application Packages

All applicants will fill out basic forms with standard information such as name, address, phone, property location, zoning, description of system, previous studies, existing water rights information, jurisdictional approvals or in-progress, etc. Application forms would be similar to existing forms. Based on the answers to questions in Section 2, the applicant will be guided to one of four application packages that will provide specific guidance on fees, what information is required, and how the permit will be processed.
 
PROJECT DESCRIPTION  WORKSHEET TO USE
One or more connections on a single parcel (one Assessor's Parcel Number) within Carmel Valley alluvial aquifer or Seaside coastal areas  Path #1 

Single-connection system
Potable supply (drinking water) #1-A
Subpotable supply (irrigation only) #1-B
Two or more connections on two or more parcels, regardless of ownership Path #2

Multiple-connection system
Potable supply (drinking water) #2-A
Subpotable supply (irrigation only) #2-B

Examples of worksheets follow:

SAMPLE WORKSHEET #1-A
FEES, DUTIES AND INFORMATION REQUIRED FOR
NEW, SINGLE-CONNECTION, POTABLE (DRINKING WATER) SYSTEM 1

Topic Carmel Valley Alluvial Aquifer Seaside Coastal Areas
MPWMD application fees to create WDS *All new wells must be registered; $25 fee paid to Health Department.

*With Ord. 96 rates, $1,400 for application plus $70/hr for over 20 hours staff time.

 Same. 
Application forms Form will be attached. Same.
CEQA review Included in MPWMD fee up to 20 hours. Single parcels exempt from CEQA if residential. Same.
Land use approvals Provide zoning and land use designation and copy of well construction permit from Monterey County Health Department. Identify approvals needed. Same. 
Water rights information Basis of claim of rights:

__ riparian (invalid for 2+connections unless same owner)

__ pre-1914

__ SWRCB domestic registration

__ SWRCB appropriative permit

__ Other (identify: ____________________)
 

Please attach proof of claim of rights, such as signed SWRCB permit or domestic registration; judicial declaration of right; Condition of Title Report, full title opinion prepared by attorney with expertise in water law; or other evidence. Listing on Table 13 of SWRCB Decision #1632 is not considered proof.

 MPWMD assumes percolating groundwater exists for all properties (overlying rights assumed). Deed to property serves as proof of water rights. 
Well capacity testing Perform 8-hour test in alluvium using standard methods (attachment will be developed that provides MPWMD standards).  Perform 72-hour test for consolidated formations (use Health Dept guidelines).
Water quality testing Test for major inorganics (attachment will be provided that describes constituents). Same.
Public hearing process Post notices, provide mailing list and stamped, addressed envelops for mailing (specific instructions provided). General Manager or designee conducts public hearing.  Same.
Appeals General Manager/hearing officer decision can be appealed to Board pursuant to Rule 70. Same

Note 1: "Single connection" refers to one or more structures on one parcel with one Assessor's Parcel Number. A new permit is needed if property sale or subdivision results in two or more connections on two or more parcels, regardless of owners.

SAMPLE WORKSHEET #1-B
FEES, DUTIES AND INFORMATION REQUIRED FOR
NEW, SINGLE-CONNECTION, SUBPOTABLE (IRRIGATION ONLY) SYSTEM 1
Topic Carmel Valley Alluvial Aquifer Seaside Coastal Areas
MPWMD application fees to create WDS *All new wells must be registered; $25 fee paid to Health Department.

*With Ord. 96 rates, $1,400 for application plus $70/hr for over 20 hours staff time.

 Same. 
Application forms Form will be attached. Same.
CEQA review Included in MPWMD fee up to 20 hours. Single parcels exempt from CEQA if residential. Same.
Land use approvals Provide zoning and land use designation and copy of well construction permit from Monterey County Health Department. Identify approvals needed. Same. 
Water rights information Basis of claim of rights:

__ riparian (invalid for 2+connections unless same owner)

__ pre-1914

__ SWRCB domestic registration

__ SWRCB appropriative permit

__ Other (identify: ____________________)
 

Please attach proof of claim of rights, such as signed SWRCB permit or domestic registration; judicial declaration of right; Condition of Title Report, full title opinion prepared by attorney with expertise in water law; or other evidence. Listing on Table 13 of SWRCB Decision #1632 is not considered proof.

 MPWMD assumes percolating groundwater exists for all properties (overlying rights assumed). Deed to property serves as proof of water rights. 
Well capacity testing No testing required by MPWMD, though 8-hour test in alluvium is suggested. Other agencies may require tests. Same, except 72-hour test for consolidated formations is suggested.
Water quality testing No testing required by MPWMD. Same.
Public hearing process Post notices, provide mailing list and stamped, addressed envelopes for mailing. General Manager or designee conducts public hearing.  Same.
Appeals General Manager/hearing officer decision can be appealed to Board pursuant to Rule 70. Same

Note 1: "Single connection" refers to one or more structures on one parcel with one Assessor's Parcel Number. A new permit is needed if property sale or subdivision results in two or more connections on two or more parcels, regardless of owner.

SAMPLE WORKSHEET #2-A
FEES, DUTIES AND INFORMATION REQUIRED FOR
NEW, MULTI-CONNECTION, POTABLE (DRINKING WATER) SYSTEM 2

Topic Carmel Valley Alluvial Aquifer Seaside Coastal and 

All Other Areas
MPWMD application fees to create WDS *All new wells must be registered; $25 fee paid to Health Department.

*With Ord. 96 rates, $1,400 for application plus $70/hr for over 20 hours staff time.

 Same. 
Application forms See attached form. Same.
CEQA review Included in MPWMD fee up to 20 hours. Applicant will be charged for CEQA costs for staff time over 20 hours. Provide all available CEQA review by other entities. Same.
Land use approvals Provide zoning and land use designation, and all available information from County, including copy of well construction permit from Monterey County Health Department.  Same. 
Water rights information Basis of claim of right:

__ riparian (invalid for 2+connections unless same owner)

__ pre-1914

__ SWRCB domestic registration

__ SWRCB appropriative permit

__ Other (identify: ____________________)
 

Please attach proof of claim of rights, such as signed SWRCB permit or domestic registrations; judicial declaration of right; Condition of Title Report, full title opinion prepared by attorney with expertise in water law; or other evidence. Listing on Table 13 of SWRCB Decision #1632 is not considered proof.

 For wells, MPWMD assumes percolating groundwater exists. Deeds to property sufficient unless claim of injury made by another party. Water rights information for other sources of water (desal, importation etc) will be made on a case-by-case basis and formalized in future Implementation Guidelines to be approved by the Board. 
Well capacity testing Perform 8-hour test in alluvium using standard methods (attachment with MPWMD standards will be developed). Same, except perform 72-hour test for consolidated formations (use Health Department guidelines).
Water quality testing Title 22 testing required; same as Monterey County Health Department requirements.  Same.
Public hearing process Post notices, provide mailing list and stamped, addressed envelops for mailing (specific instructions provided). MPWMD Board conducts hearing.  Same.
Appeals General Manager/hearing officer decision can be appealed to Board pursuant to Rule 70. Same

Note 2: This refers to two or more connections on two or more parcels, regardless of ownership.

SAMPLE WORKSHEET #2-B
FEES AND INFORMATION REQUIRED FOR
NEW, MULTI-CONNECTION, SUBPOTABLE (IRRIGATION ONLY) SYSTEM 2
Topic Carmel Valley Alluvial Aquifer Seaside Coastal and 

All Other Areas
MPWMD application fees to create WDS *All new wells must be registered; $25 fee paid to Health Department.

*With Ord. 96 rates, $1,400 for application plus $70/hr for over 20 hours staff time.

 Same. 
Application forms See attached form. Same.
CEQA review Included in MPWMD fee up to 20 hours. Applicant will be charged for CEQA costs for staff time over 20 hours. Provide all available CEQA review by other entities. Same.
Land use approvals Provide zoning and land use designation and all available information from County, including copy of well construction permit from Monterey County Health Department.  Same. 
Water rights information Basis of claim of right:

__ riparian (invalid for 2+connections unless same owner)

__ pre-1914

__ SWRCB domestic registration

__ SWRCB appropriative permit

__ Other (identify: ____________________)
 

Please attach proof of claim of rights, such as signed SWRCB permit or domestic registration; judicial declaration of right; Condition of Title Report, full title opinion prepared by attorney with expertise in water law; or other evidence. Listing on Table 13 of SWRCB Decision #1632 is not considered proof.

 For wells, MPWMD assumes percolating groundwater exists. Deeds to properties sufficient unless claim of injury made by another party. Water rights information for other sources of water (desal, importation etc) will be made on a case-by-case basis and formalized in future Implementation Guidelines to be approved by the Board. 
Well capacity testing Perform 8-hour test in alluvium using standard methods (attachment with MPWMD standard methods will be developed). Same, except perform 72-hour test for consolidated formations (use Health Department guidelines).
Water quality testing None required by MPWMD.  Same.
Public hearing process Post notices, provide mailing list and stamped, addressed envelops for mailing (specific instructions provided). MPWMD Board conducts hearing.  Same.
Appeals General Manager/hearing officer decision can be appealed to Board pursuant to Rule 70. Same

Note 2: This refers to two or more connections on two or more parcels, regardless of ownership.

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