CONDITIONS OF APPROVAL
FOR APPLICATION TO AMEND CAL-AM WATER DISTRIBUTION SYSTEM (
MPWMD Permit #M06-04-L4
Application
#20060705PAG
Permittee:
Adopted by MPWMD Board on October __,
2006 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 #M06-04-L4 to amend it service area
boundary to include the entire 20-acres of the parcel identified as Assessor’s
Parcel Number (APN) 187-021-034, on Country Club Heights Road, Carmel Valley,
as shown in the figure provided as Attachment
1. This is also referred to as the “
2. The Cal-Am WDS is authorized under Permit #M06-04-L4 to provide potable water for residential use (including associated landscape irrigation) on the La Mont parcel consistent with the determinations of Monterey County Superior Court Case #M59299 (Currier vs. MPWMD). Anticipated water use for the proposed residence will be deducted from the “Water West Adjustment Reserve” in compliance with MPWMD Rule 33-C.
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limit is superseded by
4. The
source of water for the Cal-Am WDS to serve the subject parcel has been
primarily wells in Carmel Valley Alluvial Aquifer Subunit 2. This permit does not restrict Cal-Am in the
means it chooses to deliver water to the subject parcel or any other part of the
RDMU.
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 December __, 2006) 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 (as reflected in MPWMD Rules &
Regulations) that pertain to residential and landscape use. Low-flow fixtures shall be installed,
drought-resistant landscapes shall be planted, and a deed restriction recorded
(if such recordation has not already occurred) consistent with Condition #26 of
Monterey County Resolution #2007 dated March 9, 2000 for Minor Subdivision No.
980343. 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 Water Demand Division may
inspect the property to confirm that proper fixtures and landscaping have been
installed pursuant to the MPWMD water connection permit that will be required
as part of the Monterey County building permit process for the proposed home.
9. The
La
10. Any intensification or expansion of the
Cal-Am WDS, specifically new or remodeled structures on the La Mont 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 MPWMD
Rules 20-22.
12. Cal-Am
is responsible for the La Mont 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 shall install a backflow protection device to prevent contamination of the Cal-Am system if any non-Cal-Am well is contemplated on the parcel.
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 July 5, 2006 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., December __, 2006) 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/RDMU WDS to Annex La Mont Parcel.”
By signing the form, the Permittee acknowledges that he/she 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 December __, 2006) 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
18. Permittee shall execute a Deed Restriction
prepared by MPWMD regarding the limitation on water use as set forth in these
conditions. Permittee shall pay all fees
associated with preparation, review and recording of the Deed Restriction.
19. 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.
U:\staff\word\boardpacket\2006\2006boardpackets\20061016\PubHrngs\11\item11_exh11d.doc
DRAFT
prepared 10/5/06 by H. Stern