MONTEREY PENINSULA
WATER MANAGEMENT DISTRICT
5 HARRIS
COURT, BLDG. G
POST
OFFICE BOX 85
MONTEREY,
CA 93942-0085 • (831) 658-5600
FAX (831) 644-9560 •
http://www.mpwmd.dst.ca.us
Form WDS1 Template
Water Distribution Systems
Recording Requested by:
Monterey Peninsula Water Management District (P&E)
And When Recorded Mail To:
Monterey Peninsula Water Management District
Attention: Henrietta Stern
Post Office Box 85
Monterey, California 93942-0085
NOTICE AND DEED
RESTRICTION
REGARDING
LIMITATION ON USE
OF A WATER DISTRIBUTION SYSTEM
NOTICE IS GIVEN that the Monterey Peninsula Water Management District (hereinafter referred to as the Water Management District or “MPWMD”), 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 a Water Distribution System (WDS) Permit for the real property referenced below as “Subject Property.”
NOTICE IS FURTHER GIVEN that the real property affected by this document is situated in the {JURISDICTION}:
{STREET ADDRESS PER WIN DATA}
{LEGAL DESCRIPTION}
ASSESSOR’S PARCEL NUMBER {APN 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 and agree that the terms of
MPWMD WDS Permit #________,
including all Conditions of Approval associated with that Permit, which are
attached hereto and made a part hereof, are permanent requirements of the
Subject Property. Owners and Water
Management District further agree that the maximum allowed annual production of
water from the approved Water Distribution System is ____ acre-feet per year, and a maximum of ___ connection(s) are
permitted.
Owner(s) acknowledges that the Conditions of Approval for MPWMD WDS Permit #______, including the limitation on water use referenced above have been voluntarily accepted and are permanent and irrevocable, unless amended by the filing of a subsequent deed restriction associated with a new, amended Water Distribution System Permit.
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 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 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 the Subject Property occurs without such 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 the system capacity (water production limit) or expansion capacity (connection limit) 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.