Item VII C Exhibit 1

BOARD-DIRECTED CHANGES TO DRAFT-4 ORDINANCE NO. 96
Prepared on January 5, 2001, based on November 20, 2000 action.
Text may include minor clarifications by staff.
AFFECTED SECTION
DIRECTION 
Sec 1, Short Title Clarify that Implementation Guidelines will be developed and approved in separate action, and will function in tandem with ordinance
Sec 3, Rule 11, Definitions, Controversy  Definition of "controversy" should be changed to ensure that concerns raised are supported by evidence in the record.
Sec 3, Rule 11, Definitions, Replace a Well Definition for "replace a well" should include language to allow replaced well to be used as a monitor well rather than required to be abandoned. 

Change definition to delete reference to 50 feet. Well may be on same legal parcel, and not in the riparian zone as defined by Rule 11 unless a river works permit has been applied for and issued by the District. 

Sec 3, Rule 11, Definitions,

Single-Connection System

Clarify single-connection system occurs on one individual legal parcel. If a single parcel is subdivided, it is considered as a multiple-connection system unless each new legal parcel has its own separate well.

[NOTE: staff suggests further refinements to text; see staff note]

Sec 4, Rule 20-A, para 2,

Projects in progress 

Change date from December 1, 2000 and June 1, 2001 to one day after ordinance adopted and 6 months after first day of ordinance, respectively. Clarify that projects with valid County Health permit and active well in place under the existing definition of "single-connection system" will be honored as a single connection.

[NOTE: staff suggests further refinements to text; see staff note]

Sec 4, Rule 20-C, para 1

Exemptions

Change text to reflect regulation of single-connection systems if water source exists within the Carmel Valley alluvial aquifer, or within 1,000 feet of alluvial aquifer boundary or from any watercourse tributary of the Carmel River.

[NOTE: staff suggests further refinements to text; see staff note]

Sec 5, Rule 21-B.3

Applications

Delete previously recommended phrase regarding "demonstration of adequate water pursuant to state and local regulations."
Sec 6, Rule 22-A.1.a and A.2.a Action Clarify that "controversy" must be based on factual evidence in the record
Sec 6, Rule 22 B.5

Action

Delete previously recommended phrase regarding "non-interruptible" supply as no system can meet that standard. 
Sec 11, Sunset Date Change text to reflect automatic sunset when Cal-Am complies with Condition #2 of SWRCB Order 95-10.
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