EXHIBIT 11-F
OPTION 3: MAXIMUM AMENDMENTS
Rule 28-B. WATER USE
CREDIT TRANSFERS
Water Use Credits for existing Non-Residential
uses which haves
been allowed by the District on or after March 1, 1985, may be transferred directly from one
property to another for Non-Residential use and shall be referred to as “property-to-property transfers.” Water Use Credits for existing
Non-Residential use may also be transferred directly into a Jurisdiction’s
Allocation and shall be referred to as “property-to-Jurisdiction
transfers.” All Water Use Credit
transfers require the approval of the Board of Directors. The
following conditions shall apply:
1. Due to the District’s ongoing concern
about the viability of the available water supply and the possibility that
water transfers may result in additional water usage, water transfers shall be
approved by the Board of Directors, subject to the other provisions of this
Rule, if the transfer will not have an adverse impact on the water supply. In exercising its discretion, the Board of
Directors shall consider the impacts of the application under consideration, as
well as the cumulative impacts of other transfers, on the water supply.
2. Water Use Credit transfers shall only occur
within a single Jurisdiction. No inter-Jurisdictional
transfer shall be allowed.
Property-to-property transferred Water Use Credits
shall not have any impact on a Jurisdiction’s Allocation. Property-to-Jurisdiction transfers
shall increase a Jurisdiction’s available Allocation.
3. Water Use Credit
transfers shall only occur within a single Water Distribution
System.
No inter-system transfers shall be allowed.
4. Water Use Credit
transfers shall only occur with the prior approval of the Jurisdiction.
5. Water Use Credit
transfers shall only be allowed from an existing Non-Residential Commercial Use or Industrial Use, and shall be applied
to the intensification of another existing Non-Residential Commercial Use or Industrial Use or
added to a Jurisdiction’s Allocation. Transfer credits shall not derive from any
prior open space water use (except as allowed by Rule 28-C) or from any Public Authority Use.
6. Property-to-property transfers shall
only enable intensification of an existing Non-Residential commercial or industrial Water
Use Capacity, as proposed by a current application
for a Water Permit. Transfers shall not be allowed for new Non-Residential
commercial or industrial
water meter Connections. Transferred Water Use
Credit shall not be “banked” for future use at any new or different
Site.
7. The use of Water Use Credits resulting
from a property-to-Jurisdiction transfer shall be at the discretion of the Jurisdiction.
8. All Water Use
Credit transfers shall originate only from prior documented Non-Residential
commercial or industrial
Water
Use Capacity and shall be subject to each and every
limitation on the calculation of Water Use Credit
set forth in Rule 25.5. The
District shall permanently retain 15 percent of the amount of Water Use Credit
transferred as a contribution to general water conservation savings.
9. All transfers of Water Use
Credit shall occur only by the written (and recorded) agreement
of the owner of record for each Parcel from which the transfer
originates. This agreement shall confirm
that the transfer of Water Use Credit
is irrevocable, shall quantify remaining Water Use cCapacity
required by the originating Parcel(s), and acknowledge that any
intensification of Water Use Capacity
on the originating Site thereafter shall result in additional Connection Charge
fees. If all prior Water Use
Capacitywater use
capacity is transferred from a Site (due to demolition
of all structures on that Site), the recorded agreement and
notice shall consent to permanent removal of the meter Connection
from the originating Site, and acknowledge that the
placement of a new meter shall be limited due to unavailability of water.
10. Transfer of Water Use
Credits
shall only occur upon approval by the Board of Directors. The Board of Directors shall have sole and
exclusive authority to determine the Water Use Capacity
which cannot be transferred by reason of Capacity requirements for the
originating Site. The Board of
Directors shall not approve any Water Use Credit
transfer where money or other valuable consideration has been given in exchange
for the Water Use Credit
transfer. In addition, the General
Manager shall not approve any Water Permit application using water from a transferred Water
Use Credit in any circumstance where money or other
valuable consideration has been given in exchange for use of the transferred credit. These limitations shall nonetheless allow the
recipient of a Water Use Credit
transfer to reimburse the donor of that credit for Connection Charges associated
with the transferred Water Use Capacity that was previously paid to the
District for a Water Permit. As a
condition of approval, the property owner of the originating Site shall
complete and submit a Declaration Regarding Consideration Given for Transferred
Water Use Credit.
11. Violation of the prohibition on the
transfer of Water Use Credit for
money or other valuable consideration shall result in immediate revocation of
the transfer credit.
12. Violation of the prohibition on the
transfer of Water Use Credit for
money or other valuable consideration is a misdemeanor as provided in Section
256 of the Monterey Peninsula Water Management District Law.
13. Conditions
of the transfer shall be recorded on both the originating and receiving Sites
prior to completion of the Water Use Credit transfer.
14. The effect of any approved Water
Use Credit transfer shall be the irrevocable
extinction of any right or entitlement to the actual water use, Water Use
Capacitywater use
capacity, or Water Use Credit
which has been transferred from the originating (transferring) Site.
15. Before any Water
Use Credit transfer shall occur, the transfer fee
required by Rule 60 for each originating Site shall be paid by the Applicant.
16. Before any Water Use Credit transfer
shall occur, the Applicant shall enter into an indemnification agreement with
the District as a Condition condition of Approvalapproval,
whereby the Applicant agrees to indemnify, defend and hold harmless the
District from any and all legal and financial responsibility that may arise in
connection with approval of the Aapplication,
including but not limited to attorney’s fees and costs that the District may
incur.
17. The Jurisdiction in which the Water Use
Credit transfer occurs shall be notified in writing upon completion of the
transfer.
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