EXHIBIT B-3

Guidelines for Appeal Applications

1. The following decisions are appealable to the Board of Directors:

a. Issuing or denying an expansion/extension permit (including temporary permits)

b. Classifying a commercial use (residential, commercial/governmental or industrial)

c. Adjustment of water permits due to special circumstances that do not require Board approval

i. Single-family dwelling unit project which proposes to irrigate more than two acres;

ii. Other projects which propose to irrigate more than five acres;

iii. A dual system provides subpotable water for outdoor use;

iv. The water distribution system supplies dual delivery of subpotable water for nonconsumptive uses;

v. Water used in conjunction with a manufacturing process;

vi. Permits for a municipality, county, or other local governmental agency.

d. Special circumstances for public projects (does not require Board approval) are subject to adjustment of connection charges after a reasonable time. The governmental entity may appeal the General Manager’s decision to the Board.

e. Water permits transferred from one person to another (name only)

f. Well meter variance

g. Emergency revision of operational water supply budgets

h. River access permits

i. River Work Permits (River Work Permits, Minor Work Permits, Emergency River Works Permits)

j. Retrofit and conservation requirements established by Ordinance No. 30

i. Plumbing fixtures required for new construction;

ii. Retrofit requirements for existing commercial uses;

iii. Visitor-serving commercial facility retrofits;

iv. Retrofit upon change of ownership or use;

v. Retrofit upon expansion of use;

vi. Discretionary exemptions from retrofit requirements

1. Hardship due to a need to replumb facilities to accommodate low-flow fixtures or unavailability of low-flow fixtures that match well-defined historic architectural style in locally, state or federally recognized buildings of historical significance that is fully fitted with authentic plumbing fixtures.

2. Health, sanitation, fire protection or safety issues;

3. In Lieu compliance

4. Retrofit exemptions when present technology is not available.

k. Misreporting penalty under the Expanded Water Conservation and Standby Rationing Plan (e.g. misreporting the number of permanent residents in a dwelling unit).

l. Landscape audits and budgets that are rejected by the District

m. When a controversy exists (Rule 11) related to water distribution system permit hearings

n. Action on an application to create a single-connection water distribution system

o. Determinations of water distribution system expansion capacity limits

p. Revocation or termination of Water Use Permits subject to Rule 23

2. The following documents shall be considered final decisions of the General Manager and shall contain a paragraph stating such, including notification of the appeal window of 14 days:
1. Inspection reports
2. Notification of intent to record a Notice of Non-Compliance
3. Denial of a credit

d. Denial or approval of a request for a variance to the retrofit and conservation requirements established by Ordinance No. 30

3. A list of appealable decisions from the past week will be prepared on Thursday afternoon and posted in the District office lobby on Friday. A copy of the list shall be available via email (via distribution list) and in the District office foyer.
4. The list of appealable decisions shall include the property address and ownership information and the date and nature of the decision.
5. All appealable decisions from the past week (with the exception of 1-B and 1-J [see 2, above which addresses many of these items]) shall be posted to the District website by Support Services on Friday and will be removed after two weeks. Weekly posting will mean that some decisions may be up to seven days old when posted.
6. Board members may call up any appealable decision for discussion at a Board meeting by making a written request (via the appeal application form) within 21 days of the decision. There shall be no fee for review initiated by a Board member.
7. Forms for appeal shall be available in the kiosk in the front office.
8. The website and the front office shall post information about the cost of appeals and the time limit to appeal a decision (within 21 days of the date of the decision).
9. Processing fees for appeals are calculated using the total water capacity of the site, if there is only one structure on the site. However, when there is more than one structure on the site, the fee is determined by the water capacity of the structure that is the subject of the appeal. Fees are $250 for capacity of 0.5 AFA or less; $500 for capacity of greater than 0.5 AFA up to 1.0 AF; and $750 for capacity of greater than 1.0 AFA. Changes to the language of this rule will be reconsidered as part of the Water Permit Process Revisions Strategic Initiative.
10. When an appeal application is received, the application should be date stamped and the check should be receipted and forwarded to Administrative Services.
11. Attach a work order to the original document. Copies should be made for the Division processing the appeal and for the General Manager. The original document stays with Administrative Services in a central file (request file on the Work Order).
12. When an appeal has been scheduled for public hearing, the applicant should be notified of the time and date of the hearing. In addition, the applicant should be provided with a copy of the staff report when it is available.
13. Appeals require posting notices prior to hearing before the Board. Posting Notices must be posted at least ten (10) days prior to the public hearing. Although the applicant may post the notices, it is preferable to have staff post notices.

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