CONDITIONS OF APPROVAL
FOR APPLICATION TO AMEND CAL-AM WATER DISTRIBUTION
SYSTEM TO ANNEX SHOWE PARCEL, APN 197-081-025
Application
#20050209SHO
MPWMD Permit
#M05-03
Permittee:
California American Water (Cal-Am), system owner, and Jon Showe, water
annexation recipient
Adopted by MPWMD Board on May __ , 2005
Pursuant to Rule 22-D
1. The California American Water (Cal-Am)
Water Distribution System (WDS) is authorized by the Monterey Peninsula Water
Management District (MPWMD) under Permit #M05-03 to amend it service area
boundary to include the 10-acre parcel identified as Assessor’s Parcel Number
(APN) 197-081-025, at 32835 Carmel Valley Road, Carmel Valley, as shown in the
figure provided as Attachment 1.
This is also referred to as the “Showe parcel” herein.
2. The Cal-Am WDS is authorized under
Permit #M05-03 to continue to provide potable water for residential uses
(including associated landscape irrigation) on the Showe parcel. This permit is
only for existing residential uses on the Showe parcel as of May 16, 2005. Intensified or expanded use as defined by
MPWMD Rules and Regulations requires a permit as described in Condition No. 10
below.
3. The
system capacity (water production) limit for the Cal-Am WDS shall not change as
a result of this annexation. The Cal-Am
production limit under the MPWMD water allocation Program is 17,641 acre-feet
per year (AFY). The MPWMD production
limit is superseded by Carmel River diversion limits imposed by State Water
Resources Control Board (SWRCB) Order WR 95-10.
No municipal unit (jurisdiction) allocation is associated with this
permit as it represents an ongoing use since approximately 1947.
4. The
source of water for the Cal-Am WDS to serve the subject parcel is primarily two
wells in the Carmel Valley Alluvial Aquifer Subunit 1. This permit does not restrict Cal-Am in the
means it chooses to deliver water to the parcel.
Other
Conditions of Approval
5. Permittee shall execute a standard Indemnification Agreement (Attachment 2) that holds the District harmless and promises to defend the District from any claims, demands, or expenses of any nature or kind arising from or in any way related to the adequacy of the water supply for the Cal-Am WDS, and against all third party claims and lawsuits, including MPWMD defense costs and staff time for defense. This permit is not valid until the Indemnification Agreement is signed both by Permittee and MPWMD. The Indemnification Agreement must be signed within 60 days of the date of approval (i.e., by July ___, 2005) for this permit to remain valid.
6. Permittee shall comply with District
rules relating to water well registration, metering and annual reporting of
production (MPWMD Rules 52 and 54).
7. The Cal-Am WDS shall report production
by the Water Meter Method (MPWMD Rule 56) for all wells in the Cal-Am
system.
8. Permittee shall comply with all
District water conservation ordinances that pertain to residential and
landscape use as well as non-potable use.
All fixtures within the residence located on parcel APN 197-081-025 shall
be retrofitted to meet current low-flow standards, consistent with requirements
for change of ownership.
Drought-resistant landscapes shall be encouraged along with the use of
the non-potable well for landscape irrigation.
Drip irrigation shall be installed for Cal-Am water use consistent with
best management practices and reasonable use of the property as determined by
District staff. The District Permit and
Conservation Office will inspect the property and confirm in writing that
proper fixture and landscaping have been installed (or an acceptable
landscaping plan has been approved) within 90 days of permit approval (by
August ___ , 2005) for this permit to remain valid.
9. The Showe parcel shall adhere to all District regulations affecting Cal-Am customers. The Permittee shall provide a copy of the California Public Utilities Commission (CPUC) approval of Cal-Am annexation of the Showe parcel (Advise Letter) within 30 days of the date of issuance by the CPUC for this MPWMD permit to remain valid.
10. Any intensification or expansion of the
Cal-Am WDS, specifically new or remodeled structures on the Showe parcel, shall
require an application and permit pursuant to MPWMD Rules 23 and 24.
11. Any
new facilities, expansion of or modification to Cal-Am service area boundaries,
changed conditions regarding water service, change in the production or
connection limits set in Condition No. 3, or other changes described in MPWMD
Rule 22-E shall require a permit to amend the Cal-Am WDS pursuant to Rules
20-22.
12. Cal-Am
is responsible for the Showe parcel in a fire emergency. No permanent intertie
between the Cal-Am WDS and any other system shall be allowed. The Cal-Am WDS
may temporarily intertie to other nearby non-Cal-Am wells or receive trucked-in
water in a non-fire emergency, system failure or similar short-term critical
event. Use of trucked-in water shall be
guided by MPWMD Rule 173.
13. Permittee (Showe) shall install a backflow protection device to prevent contamination of the Cal-Am system by the non-potable well that exists on the parcel. Written documentation of compliance with Cal-Am’s requirement to install a devise shall be provided to MPWMD within 60 days of the date of approval (i.e., by July ___, 2005) for this permit to remain valid.
14. Nothing
in this permit shall be construed to grant or confirm any water right.
15. Upon
District approval of this permit, the Permittee shall pay to the District the
invoiced cost for MPWMD staff, attorney and consultant time spent to process the
permit subsequent to the February 9, 2005
application date. The Permittee
is not charged for the first 35 hours of staff time. The Permittee will be provided documentation
to support the invoiced amount. This permit is not valid until payment for the
invoiced amount is received by MPWMD.
Payment must be received within 60 days of the date of approval (i.e.,
July ___, 2005) for this permit to remain valid.
16. Upon finalization of these conditions, the
Permittee shall sign a form titled, “Acceptance of Permit Conditions to Amend
Cal-Am WDS to Annex Showe Parcel.” By
signing the form, the Permittee acknowledges that he understands and accepts
these conditions as a binding part of the permit approval, and agrees to carry
them out faithfully. This permit is not valid until the signed acceptance form
has been received by MPWMD. The signed
form must be received within 60 days of the date of approval (i.e., by July __,
2005) for this permit to remain valid.
17. Permittee shall disclose to any future owner,
successors and assigns of the property described in Condition No. 1 the
requirements for the Cal-Am WDS and Showe parcel associated with this
permit. Permittee shall advise MPWMD in
a timely manner of any changes in system ownership, system name or other
substantive changes to the system to facilitate accurate record-keeping.
18. The permit granted herein is subject to
revocation in the event Permittee does not fully comply with the provisions set
forth in each and every condition above.
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