MPWMD BOARD MEETING--APRIL 16, 2012--EXHIBIT 14A--DRAFT ORDINANCE NO. 151

EXHIBIT 14-A

First Reading Draft

ORDINANCE NO. 151

An Ordinance of the Board of Directors

of the

Monterey Peninsula Water Management District

Amending Definitions and Water Efficiency Standards

FINDINGS

1. The Monterey Peninsula Water Management District was created to address ground and surface water resources in the Monterey Peninsula area, which the Legislature found required integrated management, and was endowed with the powers set forth in the Monterey Peninsula Water Management District Law (Chapter 527 of the Statutes of 1977, found at West’s Water Code, Appendix, Section 118-1, et seq.).

2. The Monterey Peninsula Water Management District has adopted and regularly implements water conservation and efficiency measures which, inter alia, sets standards for the installation of plumbing fixtures in New Construction, and requires retrofit or replacement of existing plumbing fixtures upon Change of Ownership, Change of Use, and Expansion of Use, and for existing Non-Residential uses. The Monterey Peninsula Water Management District has general and specific power to cause and implement water conservation activities as set forth in Sections 325 and 328 of the Monterey Peninsula Water Management District Law.

3. The Monterey Peninsula Water Management District has found and determined that it is in the best interests of the Monterey Peninsula Water Management District and its inhabitants to define, implement and enforce water efficient plumbing standards and requirements for the conservation of Potable water supplies. Retrofit or replacement of existing plumbing fixtures shall lessen consumption of the limited water resources available on the Monterey Peninsula. Installation of water efficient plumbing fixtures reduces the burden of new, expanded or modified uses on the water resources.

4. The Monterey Peninsula Water Management District has determined that the water conservation and efficiency standards and requirements benefit the public good by increasing the supply of Potable water available for use and by reducing existing demand for Potable water. The reduction in demand will reduce production impacts upon the environment.

5. The Monterey Peninsula Water Management District approved a Rebate Program when it adopted the Action Plan for Water Supply Alternatives in February 1996. The Action Plan addressed the need for water supply projects to meet the water supply needs of the Monterey Peninsula following voter rejection of District financing for the New Los Padres Water Supply Project in November 1995.

6. California State Water Resource Control Board (SWRCB) Order No. WR 95-10, issued in July 1995, ruled that California American Water did not have a legal right to take approximately 69 percent of the water supplied to California American Water users at that time. The SWRCB has set specific goals to reduce water diversions from the Carmel River Basin.

7. Under SWRCB Order No. WR 95-10, California American Water was ordered to reduce its historical diversion from the Carmel River Basin by 20 percent beginning with Water Year 1997 and in each subsequent year. Further cutbacks were ordered beginning in 2010.

8. California American Water v. City of Seaside, et al, Case No. M66343, resulted in a decision which determined the initial Operating Safe Yield for the Seaside Basin is 5,600 Acre-Feet (Coastal Subarea is 4,611 Acre-Feet and 989 Acre-Feet for the Laguna Seca Subarea). “Operating Safe Yield” is the maximum amount of Groundwater resulting from Natural Replenishment which can be produced from each Subarea for a finite period of years as these terms are defined in the decision. Water conservation is a component to achieving Operating Safe Yield and will require reductions in use in the future.

9. Retrofitting of properties located in the Monterey Peninsula Water Resource System benefits the Monterey Peninsula by reducing over-pumping of Groundwater that leads to environmental degradation.

10. Retrofitting of properties receiving water from the Seaside Groundwater Basin benefits the Monterey Peninsula by reducing over-pumping of Groundwater that leads to environmental degradation.

11. This ordinance adds definitions for Alternative Water Sources and Open Space to Rule 11.

12. This ordinance makes minor revisions to the definitions of Recycled Water and Showerhead.

13. This ordinance amends the definition of Shower, Each Additional Fixture, by clarifying that an additional fixture is the second and each additional Showerhead, with the exception of one hand-held Showerhead that operates on a diverter.

14. This ordinance amends Rule 24, Table 1, Residential Fixture Unit Count, to delete the fixture unit value for Ultra-Low Flush Toilets.

15. This ordinance amends Rule 24, Table 1, Residential Fixture Unit Value, to add a fixture unit value for Ultra High Efficiency Toilets.

16. This ordinance deletes reference to one gallon per flush Urinals in Rule 24, Table 1, Residential Fixture Unit Value. This action is consistent with existing language and amendments to Rule 142, Non-Residential Water Efficiency Standards.

17. This ordinance amends Rule 24-B-1-c to correct an oversight during the adoption of Ordinance No. 144. The edit makes the calculation of outdoor water use for Non-Residential New Construction consistent with the Residential calculation.

18. This ordinance amends Rule 25.5, Table 4, High Efficiency Appliance Credits, to eliminate the credit for High Efficiency Toilets and to add a credit for Ultra High Efficiency Toilets.

19. This ordinance amends Rule 25.5, Table 4, High Efficiency Appliance Credits, to clarify that Instant-Access Hot Water System credit is available for more than one Dwelling Unit if there are multiple Dwelling Units on a Site. The ordinance also clarifies that to receive a credit, Single Family Residential Sites shall have Instant-Access Hot Water Systems in every auxiliary structure that has hot water plumbing.

20. This ordinance replaces the term “washing machine” in Rule 25.5, Table 4, High Efficiency Appliance Credits with “Clothes Washer,” consistent with terminology used throughout the rules.

21. This ordinance amends Rule 90 to clarify that a variance to Regulation II, Permits, must be requested prior to or within 90 days of a determination. This responds to Board direction from August 15, 2011, regarding a request for variance from District Rule 23, 17 years after a Water Permit was issued.

22. This ordinance deletes obsolete language in the last sentence of the first paragraph of Rule 90.

23. As requested by the Water Demand Committee on September 29, 2011, this ordinance increases the Cistern Rebate incentive by adding a higher rebate tier for the first 500 gallons of storage capacity. Due to limited funding, this ordinance restricts Cistern Rebates to Sites supplied with water from the Monterey Peninsula Water Resource System.

24. This ordinance modifies the Monterey Peninsula Water Management District’s toilet standard for Residential and Non-Residential New Construction, Changes of Ownership, Changes of Use, and Expansions of Use is changed from Ultra Low Flush (ULF) to High Efficiency Toilets (HET) or Ultra High Efficiency Toilets (UHET). The average water savings for HET is estimated by the California Urban Water Conservation Council to be 38 gallons per day (gpd) when replacing a non-ULF Toilet (i.e. 3.5 gallons per flush or higher) and 7 gpd when replacing an ULF.

25. This ordinance amends Rule 142 to clarify Showerheads must be designed and manufactured to meet the District’s flow requirement of 2.0 gallons per minute. This is to avoid situations where the Showerhead is modified to meet the requirement but can then be increased to a higher flow rate.

26. This ordinance deletes a requirement for three minute timers when there are multiple Showerheads.

27. This ordinance amends the Non-Residential Water Efficiency Standards for New Structures to add an increased flow rate for private Lavatory Sinks (e.g., hotel or motel guest rooms and hospital patient rooms) consistent with building code.

28. This ordinance adds the use of alternative water sources for indoor toilet flushing and other uses allowed by the Jurisdiction to the list of Non-Residential Water Efficiency Standards as a practice to encourage.

29. This ordinance amends the Monterey Peninsula Water Management District’s Urinal requirement for Residential and Non-Residential New Construction, Changes of Ownership, Changes of Use, and Expansions of Use to require High Efficiency Urinals (or ones that use less water).

30. This ordinance amends Rule 143-A to bring Showerhead and faucet flow rates in line with New Construction, Change of Ownership, Change of Use, and Expansion of Use requirements.

31. This ordinance specifies that after January 1, 2013, replacement of existing toilets installed in the MPWMD must be with HET or more efficient models. The State requires that HET toilets exclusively be offered for sale or installed in California as of January 1, 2014. However, by 2013, 85 percent of toilets for sale in California must be HET.

32. This ordinance extends the implementation date for retrofit requirements for Non-Residential uses scheduled for December 31, 2012, for six months to July 1, 2013. This extension is due to the delay in approval of the Rebate Program funding by the California Public Utilities Commission (CPUC).

33. This ordinance deletes an obsolete date from Rule 161.

34. This ordinance adds irrigated public open space to the list of California American Water customers that are required to have a Landscape Water Audit and Landscape Water Budget and to comply with those budgets during Stages 2-4 of the Expanded Water Conservation and Standby Rationing Plan.

35. This ordinance makes two minor edits (i.e., California American Water’s billing increment and unnecessary language) to Rule 172-B.

36. This ordinance amends Rule 172 to clarify that Landscape Water Budgets required for new Dedicated Irrigation Meters are based on the Estimated Applied Water Use as determined by the project’s Landscape and Irrigation System plans.

37. This ordinance amends Rule 172-E, Landscape Irrigation Restrictions, to clarify the location of a property in the City of Carmel-by-the-Sea.

38. This ordinance was reviewed by the Water Demand Committee (March 31, 2012), Policy Advisory Committee (April 3, 2012), Technical Advisory Committee (April 3, 2012), Public Utilities Commission Division of Ratepayer Advocates, and California American Water.

39. This ordinance is subject to the California Environmental Quality Act (CEQA). An Initial Study and Notice of Intent to Adopt a Negative Declaration was prepared and filed with the Monterey County Clerk on April 12, 2012. A Negative Declaration will be considered by the Board upon second reading and consideration of adoption.

NOW THEREFORE be it ordained as follows:

ORDINANCE

Section One: Short Title

This ordinance shall be known as the 2012 Conservation Program Amendment Ordinance of the Monterey Peninsula Water Management District.

Section Two: Statement of Purpose

The Monterey Peninsula Water Management District enacts this ordinance to implement High Efficiency Toilets as the District’s standard; establish a fixture unit value for Ultra High Efficiency Toilets; clarify credit for Instant-Access Hot Water Systems and variance application timing related to permits; amend the District’s water efficiency standards and Rebate for Cisterns, extend implementation of mandatory Non-Residential retrofits; and clarify and amend Landscape Water Audit requirements and outdoor water days.

Section Three: Definitions

A. Unless the context specifically indicates otherwise, the following terms shall be given the definitions set forth below and shall be permanently added to Rule 11, Definitions, of the Rules and Regulations of the District.

ALTERNATIVE WATER SOURCES – “Alternative Water Sources” shall mean sources of Sub-potable Water (e.g., Recycled Water, rainwater, stormwater, Graywater, process water, condensate water, blow-down water, groundwater, etc.).

OPEN SPACE – “Open Space” shall mean public land area left in an un-built state as defined in the California Government Code, Section 65560. Open Space includes plazas, parks, and cemeteries.

B. Rule 11, Definitions, shall be amended as shown in bold italics (bold italics) and strikethrough (~~strikethrough~~).

RECYCLED WATER – “Recycled Water” shall mean water that originates from a Sub-potable Source of Supply such as wastewater treated to the tertiary level. ~~or captured rainwater~~

SHOWERHEAD - “Showerhead” shall mean a fixture in which water is sprayed or flows on the bather ~~in fine streams~~ ~~from a Showerhead~~, ~~usually secured overhead~~.

SHOWER, EACH ADDITIONAL FIXTURE - “Shower, Each Additional Fixture” shall mean the second and any additional Showerhead, Rain Bar, or Body Spray Nozzles, ~~installed above a bathtub or in a Shower, Separate Stall~~ with the exception of one hand-held Showerhead that operates on a diverter that shifts no less than 100 percent of the flow to the hand-held Showerhead when the diverter is engaged.

ULTRA HIGH EFFICIENCY TOILET – “Ultra High Efficiency Toilet” or “UHET” shall mean a toilet that is designed and manufactured to flush with ~~less than 1.0~~ a maximum of 0.8 gallon of water and that is labeled by the U.S. Environmental Protection Agency’s WaterSense program. ~~An Ultra High Efficiency Toilet shall have a maximum average flush of less than 1.0 gallon~~.

URINAL - “Urinal” shall mean a fixture, typically attached upright to a wall, used by men for urinating. Urinal shall refer to both the bowl and the valve.

Section Four: Amendment of Rule 24, Table 1: Residential Fixture Unit Count

Effective January 1, 2013, Rule 24, Table 1, Residential Fixture Unit Count, shall be amended as shown in bold italics (bold italics) and strikethrough (~~strikethrough~~).

Water Fixture Description

Fixture Unit

Value

Washbasin (lavatory sink), each

Two Washbasins in the Master Bathroom

~~Toilet, Ultra Low Flush (1.6 gallons per flush)~~

~~1.7~~

Toilet, High Efficiency (HET) (1.3 gallons maximum)

1.3

Toilet, Ultra High Efficiency (UHET) (0.8 gallon maximum)

0.8

~~Urinal (1.0 gallon-per-flush)~~

Urinal, High Efficiency (0.5 gallon-per-flush)

0.5

Urinal, Zero Water Consumption

Bathtub, (may be Large with Showerhead above) & Separate Shower in the Master Bathroom

Bathtub, Large (may have Showerhead above)

Bathtub, Standard (may have Showerhead above)

Shower, Separate Stall (one Showerhead)

Shower, each additional fixture (including additional Showerheads, Body Spray Nozzles, etc.)

Shower System, Rain Bars, or Custom Shower (varies according to specifications)

Kitchen Sink (including optional adjacent Dishwasher)

Kitchen Sink with adjacent High Efficiency Dishwasher (5.8 gallons maximum per cycle)

1.5

Dishwasher, each additional (including optional adjacent sink)

Dishwasher, High Efficiency, each additional (including optional adjacent sink) [5.8 gallons maximum per cycle]

1.5

Laundry Sink/Utility Sink (debit/Connection Charge applies to only one Laundry/Utility Sink per Residential Site)

Clothes Washer

Clothes Washer, High Efficiency (HEW) (Water Factor of 5.0 or less)

Bidet

Bar Sink

Entertainment Sink

Vegetable Sink

Swimming Pool (each 100 square-feet of pool surface area)

For all new Connections -- Refer to Rule 24-A-5, Exterior Residential Water Demand Calculations.

Section Five: Amendment of Rule 24-B-1-c

Rule 24-B-1-c, shall be amended as shown in bold italics (bold italics) and strikethrough (~~strikethrough~~).

For New Construction on Vacant Lots, the General Manager shall add the quantity of water determined to be the exterior water demand based on the ~~MAWA~~ ETWU to the total Estimated Annual Water Use Capacity determined in 24-B-~~1-a~~2.

Section Six: Amendment of Rule 25.5, Table 4: High Efficiency Appliance Credits

Rule 25.5, Table 4, High Efficiency Appliance Credits, shall be amended as shown in bold italics (bold italics) and strikethrough (~~strikethrough~~). Amendments to the description of Instant-Access Hot Water System and High Efficiency Clothes Washer shall be made upon the effective date of this ordinance. Amendments to High Efficiency Toilets and Ultra High Efficiency Toilets shall take effect January 1, 2013.

TABLE 4: HIGH EFFICIENCY APPLIANCE CREDITS

Appliance	Description		Water Use Credit in Acre-Feet
~~High Efficiency Toilets~~		~~A toilet designed~~ ~~to have an average maximum flush of 1.3~~ ~~gallons.~~		~~0.004 AFA~~
*Ultra High Efficiency Toilet*	*A toilet designed* *and manufactured to flush with* *a maximum of 0.8 gallon of water and that is labeled by the U.S. Environmental Protection Agency’s WaterSense program.*		*0.005 AFA*
Instant-Access Hot Water System	A recirculating hot water system or other device(s) that results in hot water contact at every point of access throughout the ~~structure~~ *Dwelling Unit* within ten (10) seconds. Instant-Access Hot Water Systems shall be installed in each auxiliary building plumbed with hot water on a Single Family Residential Site.		0.005 AFA
High Efficiency Dishwasher	A dishwasher designed to use a maximum of 5.8 gallons per cycle. A High Efficiency Dishwasher shall have Energy Star certification.		0.005 AFA
High Efficiency Clothes Washer	A ~~washing machine~~ Clothes Washer with a Water Factor of 5.0 or less.		0.010 AFA

Section Seven: Amendment of Rule 90, Variance

Rule 90, Variance, shall be amended as shown in bold italics (bold italics) and strikethrough (~~strikethrough~~).

A. Variance requests from Regulation II, Permits, shall be submitted prior to or within 90 days of a District determination.

B. The Board may, after holding a public hearing, in specific cases, grant a variance from any provision of the standards incorporated into these Rules and Regulations whenever it finds: (a) that Special Circumstances exist in a particular case, and (b) that practical difficulties or Undue Hardship would result from the strict interpretation and enforcement of any such standard, and (c) that the granting of such a variance would not tend to defeat the purposes of these Rules and Regulations. The Board may place conditions upon such variances. ~~Each application for variance concerning Regulation X, Rules 100-104, and concerning Rule 171 shall be processed pursuant to the provisions of Rule 92.~~

C. Upon hearing the variance, the Board shall also have the discretion in unusual matters to reduce and rebate in full or in part the fee for appeal otherwise set by Rule 60.

Section Eight: Amendment of Rule 141, Water Conservation Rebates

Rule 141-B-9 shall be amended as shown in bold italics (bold italics) and strikethrough (~~strikethrough~~).

The Rebate for Cistern water tanks installed on Sites supplied with water from the Monterey Peninsula Water Resource System shall be $50 per 100 gallons for the first 500 gallons and $25 per 100 gallons of water storage capacity to a maximum storage capacity of 25,000 gallons per Qualifying Property.

Section Nine: Amendment of Rule 142-B, Water Efficiency Standards

A. Rule 141-B, Effective Date, shall be amended as shown in bold italics (bold italics) and strikethrough (~~strikethrough~~).

Effective Date. ~~Water Permits issued after January 1, 2010, shall be subject to the requirements of Rule 142, as revised.~~ Water Permits issued prior to January 1, 2010, ~~and applications for a Water Permit that can demonstrate proof of submittal of the project application to the Planning Department or Building Department of the Jurisdiction by December 31, 2009,~~ shall be subject to requirements of former Rule 142 summarized below:

1. Former Rule 142 required all New Construction, Remodels and Additions to install maximum 2.5 gallons-per-minute Showerheads and 2.2 gallons-per-minute faucet aerators.

2. New Construction of New Structures also required installation of Instant-Access Hot Water Systems and installation of Drip Irrigation where appropriate.

Water Permits issued prior to July 1, 2012, shall be subject to the rules in effect between January 1, 2010 and June 30, 2012, as stated on the Water Permit and on any associated deed restriction(s).

B. Effective January 1, 2013, Rule 142-C-1, Residential Water Efficiency Standards for New Structures, Rule 142-D-1, Non-Residential Water Efficiency Standards for New Structures, and Rule 142-E-1, Residential and Non-Residential Change of Ownership, Change of Use, and Expansion of Use Water Efficiency Standards shall be amended as shown in bold italics (bold italics) and strikethrough (~~strikethrough~~).

~~Ultra-Low Flush~~ High Efficiency or Ultra High Efficiency Toilets shall be installed;

C. Rule 142-C-3, Residential Water Efficiency Standards for New Structures, and Rule 142-D-3, Non-Residential Water Efficiency Standards for New Structures, shall be amended as shown in bold italics (bold italics) and strikethrough (~~strikethrough~~).

Showerheads, Rain Bars, or Body Spray Nozzles shall be installed that were manufactured and designed to emit a maximum of 2.0 gallons per minute of water;

D. Rule 142-C-5, Residential Water Efficiency Standards for New Structures, and Rule 142-D-5, Non-Residential Water Efficiency Standards for New Structures, shall be deleted as shown in bold italics (bold italics) and strikethrough (~~strikethrough~~).

Installation of multiple Showerheads in one stall shall require timers for each Showerhead, Rain Bar, or Body Spray Nozzle. No timer shall operate with greater than a three (3) minute operating increment; Deleted by Ordinance No. 151.

E. Rule 142-D-6, Non-Residential Water Efficiency Standards for New Structures shall be amended as shown in bold italics (bold italics) and strikethrough (~~strikethrough~~).

Public lavatory faucets shall emit a maximum of 0.5 gallon of water per minute at 60 psi. Private Lavatory Sinks (e.g., hotel or motel guest rooms and hospital patient rooms) shall emit a maximum of 2.2 gallons of water per minute at 60 psi;

F. Rule 142-D, Non-Residential Water Efficiency Standards for New Structures, shall be amended to add Rule 142-D-21 as shown in bold italics (bold italics) and strikethrough (~~strikethrough~~).

21. The use of Alternative Water Sources for indoor toilet flushing and other uses allowed by the Jurisdiction shall be encouraged.

G. Effective January 1, 2013, Rule 142-E-2, Residential and Non-Residential Change of Ownership, Change of Use, and Expansion of Use Water Efficiency Standards, shall be amended as shown in bold italics (bold italics) and strikethrough (~~strikethrough~~).

~~Urinals shall be~~ High Efficiency Urinals, Pint Urinals, or Zero Water Consumption Urinals shall be installed if there is a Urinal ~~designed to use a maximum of one (1) gallon per flush~~. Zero Water Consumption Urinals shall be encouraged in settings where there is a regular maintenance staff;

Section Ten: Amendment of Rule 143, Water Efficiency Standards for Existing Non-Residential Uses

A. Effective January 1, 2013, Rule 143-A, Water Efficiency Standards for Existing Non-Residential Uses, shall be amended as shown in bold italics (bold italics) and strikethrough (~~strikethrough~~).

All Non-Residential Water Users within the District shall maintain Showerheads with a maximum flow capacity of ~~2.5~~ 2.0 gallons per minute. Public Lavatory Sinks shall emit a maximum of 0.5 gallon of water per minute at 60 psi; Public Lavatory Sinks equipped with automatic shut off devices or sensor faucets shall operate with a maximum flow of 0.25 gallons per cycle; Private Lavatory Sinks (e.g., hotel or motel guest rooms and hospital patient rooms) shall emit a maximum of 2.2 gallons of water per minute at 60 psi. All other sinks shall be restricted to flow at a maximum of 2.2 gallons per minute at 60 psi~~, and Washbasin faucets with aerators which limit the flow rate to a maximum of 2.5 gallons per minute,~~ unless subject to more restrictive requirements by another agency or Jurisdiction.

B. Effective January 1, 2013, Rule 143-C, Water Efficiency Standards for Existing Non-Residential Uses, shall be amended as shown in bold italics (bold italics) and strikethrough (~~strikethrough~~).

Rreplacement of toilets ~~after January 1, 2014~~ shall be with High Efficiency or Ultra High Efficiency Toilets.

C. Rule 143-D, Water Efficiency Standards for Existing Non-Residential Uses, shall be amended as shown in bold italics (bold italics) and strikethrough (~~strikethrough~~).

All Visitor-Serving Facilities shall, by July 1, 2013~~December 31, 2012~~, be retrofitted exclusively with High Efficiency Urinals, High Efficiency Clothes Washers, and Water Efficient Ice Machines. There shall be an exception to this Rule when the Clothes Washer meets Energy Star specifications and was purchased and installed between January 1, 2007 and January 1, 2010: These appliances must comply with this provision by January 1, 2020.

D. Rule 143-E, Water Efficiency Standards for Existing Non-Residential Uses, shall be amended as shown in bold italics (bold italics) and strikethrough (~~strikethrough~~).

All Non-Residential structures shall be retrofitted exclusively with High Efficiency Toilets by July 1, 2013~~December 31, 2012~~, except as provided by Rule 146 (Discretionary Exemptions).

E. Rule 143-F, Water Efficiency Standards for Existing Non-Residential Uses, shall be amended as shown in bold italics (bold italics) and strikethrough (~~strikethrough~~).

All Non-Residential Clothes Washers shall meet the definition of High Efficiency Clothes Washer rated with a Water Factor of 5.0 or below by July 1, 2013~~December 31, 2012~~. There shall be an exception to this Rule when the existing appliance was purchased between January 1, 2006, and January 1, 2010, and rates a Water Factor of 5.1-6.0: These appliances must comply with this provision by January 1, 2020.

F. Rule 143-G, Water Efficiency Standards for Existing Non-Residential Uses, shall be amended as shown in bold italics (bold italics) and strikethrough (~~strikethrough~~).

Non-Residential Car Washes. By July 1, 2013~~December 31, 2012~~, all Non-Residential car wash facilities shall recycle and reuse a minimum of 50 percent of the water used in the wash and rinse cycles.

Section Eleven: Amendment of Rule 161, Stage 1 Water Conservation

Rule 161-D shall be amended as shown in bold italics (bold italics) and strikethrough (~~strikethrough~~).

California American Water, in coordination with the District, shall conduct Landscape Water Audits and establish Landscape Water Budgets for all Water Users subject to Rule 172. By November 1st of each year, California American Water shall review its consumption records for the previous Water Year to identify Water Users required by Rule 172 to have a Landscape Water Budget. Water Users that are required to obtain a Landscape Water Audit and Landscape Water Budget shall be notified by California American Water of this requirement ~~by December 1~~.

Section Twelve: Amendment of Rule 172, Landscape Water Audits

A. Rule 172-B shall be amended as shown in bold italics (bold italics) and strikethrough (~~strikethrough~~).

Landscape Water Audits and Landscape Water Budgets shall be offered by the District and/or California American Water or their agent free of charge to all Water Users of California American Water with Dedicated Irrigation Meters, large irrigated areas over three acres, irrigated Open Space, and Large Residential Water Users. Landscape ~~Water Audits and Landscape~~ Water Budgets shall be required for new Dedicated Irrigation Meters and shall be based on a Water Budget determined by the Estimated Applied Water Use as determined by a Landscape and Irrigation System plan at the time the meter is installed.

California American Water shall review its Residential customer consumption records at the completion of every Water Year to identify all Residential Users that consumed an average of 320 units per month during the prior Water Year. ~~Using this information,~~ California American Water shall identify the Users that require a Landscape Water Audit and Landscape Water Budget and that do not have a Water Budget on file at MPWMD and California American Water. Newly identified Users shall be notified by California American Water that they are required to obtain a Landscape Water Audit and Landscape Water Budget. Once notified of the requirement to obtain a Landscape Water Audit and Landscape Water Budget, a User must arrange to complete the audit process within sixty (60) days. Existing customers subject to this Rule shall be given annual notice by California American Water to report any changes to the Landscaping or Irrigation Systems. Significant changes shall necessitate a follow-up audit.

1. California American Water Users shall be required to obtain Landscape Water Audits and establish Landscape Water Budgets if the property:

a. Has a Dedicated Irrigation Meter; or

b. Is an irrigated area of greater than three acres; or

c. Is a Large Residential Water User; or

d. Is irrigated public Open Space.

B. Rule 172-E shall be amended as shown in bold italics (bold italics) and strikethrough (~~strikethrough~~).

LANDSCAPE IRRIGATION RESTRICTIONS

Unless watering is by drip irrigation or through a hand-held hose with a Positive Action Shut-Off Nozzle, the following watering schedule shall apply:

1. Odd Numbered Properties shall water after 5 p.m. or before 9 a.m. on Saturdays and Wednesdays only. This schedule shall also apply to properties ~~located~~ primarily facing on the ~~South~~ North or ~~West~~ East side of the street in cities where no street address is available.

2. Even Numbered Properties shall water after 5 p.m. or before 9 a.m. on Sundays and Thursdays only. This schedule shall also apply to properties