FORM 1.5.2
IRRIGATION CONNECTED TO A
PRIVATE WELL
Recording Requested by:
Monterey Peninsula Water
Management District
And When Recorded Mail To:
Monterey Peninsula Water
Management District
Post Office Box 85
NOTICE AND DEED RESTRICTION
REGARDING LIMITATION ON USE
OF WATER ON A PROPERTY WITH
IRRIGATION CONNECTED TO PRIVATE WELL
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}:
{STREET ADDRESS}
{LEGAL
DESCRIPTION}
ASSESSOR’S PARCEL NUMBER {000-000-000-000}
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.
Owner(s)
and the Water Management District each acknowledge that all irrigation for the
portion of the Subject Property, more specifically identified as {SPECIFICALLY IDENTIFY LOCATION
AND DESCRIPTION OF SITE}, and as shown on the attached site map,
shall be permanently connected to a private well to establish a Water Use
Credit. At no time may water supplied by
the California-American Water Company (Cal-Am) be used for irrigation or other
uses on the portion of the site identified above without authorization from the
governing jurisdiction and a water permit authorizing such use issued by the
Water Management District.
NOTICE
IS FURTHER GIVEN if at any time, the Water Management District finds upon inspection of
the property, or inspection of the Cal-Am consumption records for that address,
that Cal-Am water is being used for irrigation at the portion of the site specifically
identified above, or if at any time access to inspect the property is denied,
an immediate debit to the jurisdiction’s water allocation shall occur in the
amount of the water demand associated with any new construction or other uses
offset by the Water Use Credit obtained for the retrofit of the irrigation
system from Cal-Am Water to well water, and a lien shall be placed against the
property for full payment of all connection charges and/or other charges to
service this water use.
Owner(s) acknowledges that the
condition requiring the irrigation at the portion of the site specifically identified above to be supplied by a private well has been voluntarily
accepted as a condition of a Water Use Credit and is permanent and irrevocable,
unless amended by the filing of a less restrictive deed restriction.
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 and by the water use requirements referenced above. Any intensification of water use on the
Subject Property, as defined by Water Management District Rule 11, will require
prior written authorization and permit 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 an
authorizing permit, any and 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 that occurs without the
advance written approval of the Water Management District is a violation of
Water Management 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 Water Management District.
The Owner(s) elects and irrevocably
covenants with the Water Management District to abide by the conditions of this
Notice and Deed Restriction to enable issuance of a Water Use Credit. But for the limitations and notices set
forth herein, issuance of this water permit 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 Deed Restriction shall have
no termination date unless amended by the filing of a less restrictive deed
restriction.
If any provision of this Notice and
Deed Restriction is held to be invalid, or for any reason becomes
unenforceable, no other provision shall thereby be affected or impaired.
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 With Irrigation Connected To Private Well. The Owner(s) further agrees to
notify any present and future tenant of the Subject Property of the terms and conditions
of this document.
OWNER(S) agrees to
recordation of 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