EXHIBIT 17-B-1(A)

DRAFT

FINDINGS OF APPROVAL

CONSIDER APPEAL OF GENERAL MANAGER'S DECISION TO DENY A WATER USE CREDIT FOR AN OUTDOOR SPA PURSUANT TO MPWMD RESOLUTION 2001-09 -- GREGORY HANLON, 672 VAN BUREN CIRCLE, MONTEREY

December 15, 2003

It is hereby found and determined as follows:

1. FINDING: Mr. Greg Hanlon is appealing a District decision denying a water credit for a hot tub/spa at 672 Van Buren Circle in Monterey.

EVIDENCE: Application for Appeal on file at District office.

2. FINDING: District Rule 24, Table 1: Residential Fixture Unit Count (amended by Resolution 2001-09) disallows credit for outdoor water fixtures, including hot tubs/spas, multiple utility sinks and multiple showerheads.

EVIDENCE: MPWMD Resolution 2001-09, and District Rule 24, Table 1: Residential Fixture Unit Count.

3. FINDING: A water permit was issued to Mr. Hanlon of 672 Van Buren Circle in Monterey on September 27, 2000, to add a bathroom, a utility sink and a bar sink.

EVIDENCE: MPWMD Water Permit No. 18714 on file at the District office.

4. FINDING: Mr. Hanlon amended his water permit and paid for one fixture unit to legalize a spa on his property at 672 Van Buren Circle in Monterey on October 24, 2000.

EVIDENCE: Amended MPWMD Water Permit No. 18714 on file at the District office.

5. FINDING: District staff denied a water credit for an outdoor spa based on District Resolution 2001-09, which eliminated water credits for outdoor water fixtures, including spas.

EVIDENCE: MPWMD Inspection report dated May 8, 2003.

6. FINDING: Mr. Hanlon requested verification of the credit denial in correspondence received by the District on June 30, 2003.

EVIDENCE: Letter from Mr. Hanlon to MPWMD Board of Directors on file at District office.

7. FINDING: The District responded to Mr. Hanlon’s correspondence by denying credit for the outdoor spa and citing MPWMD Resolution 2001-09 that disallows water credit for outdoor water fixtures.

EVIDENCE: Letter from Stephanie Pintar, Water Demand Manager, to Mr. Gregory Hanlon, dated July 15, 2003.

8. FINDING: The Board of Directors found that unique and special circumstances exist that call for granting the appeal.

EVIDENCE: Minutes of November 24, 2003 Board meeting.

9. FINDING: Unique and special circumstances exist when the jurisdiction and the District have evidence that an applicant obtained a water permit and paid a connection charge for a fixture that was modified by District Resolution 2001-09.

EVIDENCE: Minutes of November 24, 2003 Board meeting.

10. FINDING: The granting of this appeal will modify the provisions of District Resolution 2001-09 and District Rule 25.5 and will allow persons who paid a connection charge for water fixtures and who obtained water permits for outdoor water fixtures, multiple utility sinks and multiple showerheads to obtain credit for those fixtures.

EVIDENCE: The above stated facts.

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