EXHIBIT 5-B

RESOLUTION NO. 2008‑03

A RESOLUTION OF THE BOARD OF DIRECTORS OF

THE MONTEREY PENINSULA WATER MANAGEMENT DISTRICT

Amending Table 4: ultra-low consumption appliance credits

WHEREAS District Rule 25.5.4.b. Water Use Credits and On-Site Water Credits allows changes to Table 4: Ultra-Low Consumption Appliance Credits

WHEREAS High Efficiency Toilets have been proven to perform equally or better than ultra-low flush toilets (one-gallon-per-flush and dual flush), and;

WHEREAS High Efficiency Toilets are designed to flush at 20 percent below a 1.6 gallon-per-flush model toilet, and;

WHEREAS the District’s Rules and Regulations Committee has recommended that High Efficiency Toilets have a Water Use Credit of 0.004 acre-feet annually, and;

WHEREAS The District’s Expanded Rebate Program lists the High Efficiency Toilets as a qualifying device.

NOW, THEREFORE, the Board of Directors of the Monterey Peninsula Water Management District resolves that

(1) District Rule 25.5.4.b. Water Use Credits and On-Site Water Credits, Table 4: Ultra-Low Consumption Appliance Credits shall be modified as shown in Attachment A.

(2) High Efficiency Toilets shall have a Water Use Credit 0.004 acre-feet annually.

On motion of Director , and second by Director , the foregoing resolution is duly adopted this _____ day of _______, 2008, by the following vote:

AYES:

NAYS:

ABSENT:

I, Arlene Tavani, Deputy Secretary to the Board of Directors of the Monterey Peninsula Water Management District, hereby certify that the foregoing is a resolution duly adopted on the ______day of ______ 2008.

Witness my hand and seal of the Board of Directors this ____ day of ______ 2008.

_____________________________________

Arlene Tavani,

Deputy Secretary to the Board

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