ITEM: XII PUBLIC HEARINGS

A. CONSIDER REQUEST TO TRANSFER WATER USE CREDITS FROM ROBLES DEL RIO LODGE, LLC, TO MONTEREY COUNTY
 
 
Meeting Date: December 11, 2000 
Staff Contact: Gabriela Ayala /   Darby Fuerst

General Counsel Approval: N/A 
Committee Recommendation: N/A
CEQA Compliance: Negative Declaration 
 

 Budgeted: N/A
Program/Line Item No.: N/A
Cost Estimate: N/A


SUMMARY: Robles del Rio Lodge, LLC, successor in interest to Ron Gurries Family partnership in the ownership of a motel in Carmel Valley, has applied under District Rule 28-B to transfer 7.827 acre-feet of water use credits from the property to the County of Monterey. In addition to the water use credits that are proposed for transfer, the District will retain 1.381 acre-feet of the annual water use capacity that was calculated for the site to meet its long-term water conservation goals. The water use credit was established in June 1998, following a permanent disconnection from the California-American Water Company system. The reduction in use occurred on May 22, 1998, and is valid until May 22, 2003, unless extended for an additional 60 months at that time. The motel and related facilities uses continue to operate on the site utilizing a private water system.
 

RECOMMENDATION: The application meets the specific requirements of Rule 28-B to qualify for a property-to-jurisdiction transfer. The Monterey County Board of Supervisors took action to approve this transfer request by adoption of Resolution No. 00.373 on October 3, 2000.
 

Staff recommends that if the transfer is approved, it be conditioned upon the property owner's consent to allow the District to record a deed restriction (Exhibit 1) confirming that the transfer of water credit is irrevocable. The deed restriction will also acknowledge that any intensification of water use through a water distribution system on the subject property, as defined by District Rule 11, will require prior written authorization from the County of Monterey and prior written authorization and permits from the Monterey Peninsula Water Management District, in accord with then applicable provisions of law.
 

BACKGROUND: The District Board considered the proposed Robles del Rio Lodge water credit transfer request at its June 29, 2000 meeting. At that time, the Board received public comment of the proposed transfer, closed the public hearing, and continued its consideration of the transfer request until after the Monterey County Board of Supervisors had granted final approval of the transfer from Robles del Rio Lodge to Monterey County. The Board denied the transfer request on October 26, 2000. At the November 20, 2000 meeting, the Board, following approval of a motion to reconsider its action on October 26, 2000, voted to nullify its previous decision to deny the water use credit transfer request. The public hearing was reopened and continued to the December 11, 2000 Board meeting.
 

DISCUSSION/ANALYSIS: At the November 20, 2000 meeting, a number of questions were addressed to the applicant's attorney, John Bridges, regarding disclosure of the purchase price of the transferred water. At that time, Mr. Bridges indicated that he could not disclose the price because it would be a breach of contract. Mr. Bridges indicated that he would consult with his client and potential buyers of the water use credits to see if an acceptable procedure for disclosure cold be developed. Subsequent to the November 20, 2000 meeting, Mr. Bridges contacted Director Lindstrom regarding his answer to one of the questions Director Lindstrom had posed. A record of this ex parte communication was provided by Director Lindstrom on November 21, 2000, and is included as (Exhibit A).
 

PRIOR BOARD ACTION: The Board considered the Robles del Rio Lodge water use credit transfer request at its meetings on June 29, October 26, and November 20, 2000.

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