LIMITATION ON USE OF
WATER
Recording Requested
by:
Monterey Peninsula Water
Management District
And When Recorded Mail
To:
Monterey Peninsula Water
Management District
Post Office Box
85
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NOTICE AND DEED
RESTRICTION
REGARDING LIMITATION ON
USE
OF WATER ON A
PROPERTY
NOTICE IS
GIVEN that the Monterey Peninsula
Water Management District (hereinafter referred to as the Water Management
District), duly formed as a water district and public entity pursuant to the
provisions of law found at Statutes of 1977, Chapter 527, as amended (found at
West’s California Water Code Appendix, Chapters 118-1 to 118-901), has approved
water service to the real property referenced below as “Subject
Property”.
NOTICE IS FURTHER GIVEN that the real property affected by this
agreement is situated in the (Jurisdiction):
(LEGAL DESCRIPTION OF
PROPERTY)
This real property is hereinafter referred to as the
“Subject Property.” The Subject
Property is located within the jurisdiction of the Water Management
District. PROPERTY
OWNER NAME(S)},
hereinafter referred to as Owner(s), are record owner(s) of the Subject
Property.
Owners and Water Management District further agree that the maximum
permitted water use at the Subject Property is limited to supply the potable
water requirements for a {TYPE OF USES}
consisting
of:
·
{Square-footage
and type of use (per Rule 24, Table II)}
·
{Square-footage
and type of use (per Rule 24, Table II)}
·
{Square-footage
and type of use (per Rule 24, Table II)}
·
Square-footage
and type of use (per Rule 24, Table II)}
No water uses other than those listed above have been
approved for use on the Subject Property.
NOTICE IS FURTHER GIVEN that Water Management District has
determined that {AF} acre-feet of
Water Use Credits have been identified as originating from the Subject Property
and that those water use credits have been transferred to the
{JURISDICTION}.
NOTICE IS FURTHER GIVEN that this agreement is binding and has
been voluntarily entered into by Owner(s), and each of them, and constitutes a
mandatory condition precedent to receipt of regulatory approval from the Water
Management District relating to the Subject Property. This agreement attaches to
the land for the duration stated above, and shall bind any successor or assignee
of Owner(s).
NOTICE IS FURTHER GIVEN that
present and/or future use of water at the Subject Property site is restricted by
Water Management District Rules and Regulations to the water use requirements
referenced above. Any
intensification of water use on the Subject Property, as defined by District
Rule 11, will require prior written authorization and permits from the Water
Management District. Approval may
be withheld by the Water Management District, in accord with then applicable
provisions of law. Present or
future allocations of water may not be available to grant any permit to
intensify water use at this site.
If any request to intensify water use on Subject Property is approved,
connection charges and other administrative fees may be required as a condition
of approval.
NOTICE IS FURTHER GIVEN that in the event intensification of water
use on Subject Property occurs without such an authorizing permit, all water use
on this site may thereafter be revoked in accord with Water Management District
Rules, which state, “Intensification of Water Use without a permit shall provide
cause for revocation by the District of all water use by any person on that
Site.” Such revocation could cause
the irrevocable extinction of any right or entitlement to water use, water use
capacity, or water credit for the Subject Property.
NOTICE IS FURTHER GIVEN that intensification of water use on
Subject Property occurs without the advance written approval of the Water
Management District is a violation of District Rules and may result in a
monetary penalty for each offense as allowed by Water Management District
Rules. Each separate day, or
portion thereof, during which any violation occurs or continues without a good
faith effort by the responsible party to correct the violation shall be deemed
to constitute a separate offense.
All water users within the jurisdiction of the Water Management District
are subject to the Water Management District Rules, including Rules 11, 23, and
148.
The Owner(s) and Water Management District each intend that this Notice
and Deed Restriction act as a deed restriction upon the Subject Property, and
that it shall be irrevocable under its terms. This document shall be enforceable by
the Water Management District or any public entity that is a successor to the
District.
The Owner(s) elects and irrevocably covenants with the District to abide
by the conditions of this Notice and Deed Restriction. But for the limitations and notices set
forth herein, approval of this water use
transfer would otherwise be withheld and found to be inconsistent
with the Water Management District Rules and Regulations.
This Notice and Deed
Restriction is placed upon the Subject Property. Any transfer of this property, or an
interest therein, is subject to this deed restriction. This Notice and Covenant shall have no
termination date unless amended by the filing of a less restrictive deed
restriction.
The
undersigned Owner(s) agrees with and accepts all terms of this document stated
above, and requests and consents to recordation of this Notice and Deed
Restriction Regarding Limitation on Use of Water on a Property. The Owner(s) further agree to notify any
present and future tenant of the Subject Property of this terms and conditions
of this document. (Signatures
must be notarized).
OWNER(S)
agrees to recordation this Notice and Deed Restriction in the Recorder’s
Office for the
By:
Dated:
{OWNER’S
NAME}
By:
Dated:
Robert Cline, Conservation Representative
Monterey Peninsula Water Management District