District Rule 24-G

G. ADJUSTMENT OF CALCULATIONS WHERE SPECIAL CIRCUMSTANCES EXIST

After making the connection charge calculation detailed above in this rule, the General Manager may reduce (or increase) the connection charge with respect to the fixture unit count component or the projected water use component of any extension/expansion application where special circumstances exist with respect to the anticipated water consumption resulting from that permit. Special circumstances shall be deemed to exist in each single-family dwelling unit project, which proposes to irrigate more than two acres, and for each other project, which proposes to irrigate more than five acres. Special circumstances shall also be deemed to exist where a dual system provides sub‑potable water for outdoor use. The General Manager may make a proportional reduction in the connection charge and/or the water supply improvement charge calculation for connections to any system which uses a dual delivery of subpotable water for non‑consumptive purposes, and shall factor the charge based upon the portion of potable water which otherwise would have been used in the absence of the dual system. Special circumstances shall be deemed to exist with respect to each expansion/extension permit or amended permit, which proposes to utilize water in conjunction with a manufacturing process. Special circumstances shall also be deemed to exist with respect to each expansion/extension permit or amended permit for a municipality, county, or other local government agency.

The connection charge adjustment shall operate to exact a connection charge as it relates to the increment of water, which is projected to actually be available to and subject to use by the applicant as a function of the connection, or the use of water. The General Manager shall make this adjustment based upon projected use figures, which are clearly more accurate and reliable (based upon historical use or other hard documentation) than the regional average methodology used to substantiate the fixture unit or projected use category methods. Calculation of any charge shall be made by use of regional averages should any reasonable question arise with respect to the projected use figures for a particular expansion/extension permit or amended permit. Determinations of the General Manager pursuant to this subdivision may be appealed to the Board.

For those special circumstances where substantial uncertainty exists regarding the projected water use proposed by the permit applicant, the connection may be approved and installed upon payment of an estimated connection charge, and the actual final connection charge be adjusted upon the actual water use record for that connection for a reasonable time period. Adjustment of connection charges for non‑governmental connections shall occur only where the Board of Directors finds (a) that special circumstances exist in accord with this paragraph, and (b) that substantial uncertainty exists regarding the projected water use proposed by the permit applicant. For such applications, the Board may approve the permit subject to the following conditions:

(1) The applicant shall deposit with the District the full fee estimated to be due by reason of the projected water use.

(2) The applicant shall make available to the General Manager, upon request, any information pertaining to the actual water use or water use practices, and information pertaining to the special circumstances, which justify application of the extraordinary fee calculation.

(3) The applicant shall agree to tender the final connection fee calculated pursuant to this paragraph, and shall agree that such charge shall constitute a lien against the real property upon which the water connection is located.

(4) Failure to tender the final connection fee upon written demand shall result in the automatic revocation of the connection permit.

(5) The applicant shall authorize, in writing, the water distribution system to remove any water meter installed pursuant to this permit, upon revocation of the permit.

(6) The conditions of this permit shall be recorded as a restriction upon the deed for the real property upon which the water connection is located. Such restriction shall be removed only upon payment of the final connection fee.

(7) The Board shall set a time certain for the determination of actual water use, and the calculation of the final connection fee.

In all applications where substantial evidence does not support the finding that uncertainty exists regarding the projected water use, it shall be presumed that the regional water consumption figures as shown on Tables 1 or 2 apply to the permit.

Notwithstanding any other provisions of this section, the General Manager shall be granted authority to factor municipal, county, and other local government connection charges upon the actual water use record for a reasonable time period without the necessity of a hearing before the Board of Directors or other Board action. Determinations of the General Manager may nonetheless be appealed by the governmental entity to the Board of Directors.

The phrase "special circumstance where substantial uncertainty exists" (Rule 24 G) shall refer to projects that are so unusual that neither the application of the regional average nor use of actual undisputed quantitative documentation would provide a reliable forecast of the project's consumption capacity. Such a project must be unique or have such an unusual location, design or clientele that none of the surveyed commercial categories enumerated in Rule 24 represents a comparable type of use, and/or there is no quantitative documentation that is available and beyond dispute. The exception allowed by Rule 24 G shall not apply where expanded water use through a single meter may benefit more than one user of that meter.

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