MONTEREY PENINSULA

WATER MANAGEMENT DISTRICT

                                                                                                                                                                                                                                                                                                                       

5 HARRIS COURT, BLDG. G

POST OFFICE BOX 85

MONTEREY, CA 93942-0085 • (831) 658-5601

FAX (831) 644-9560 • http://www.mpwmd.dst.ca.us

 

FORM 1.6 TEMPLATE

CONNECT TO PRIVATE WELL

 

Recording Requested by:

Monterey Peninsula Water Management District

 

And When Recorded Mail To:

Monterey Peninsula Water Management District

Post Office Box 85

Monterey, California 93942-0085

                                                                                                                                                           

NOTICE AND DEED RESTRICTION

REGARDING LIMITATION ON USE

OF WATER ON A PROPERTY

with connection to a 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 an amendment to 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 and city}

{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 and agree that {TYPE OF USE} on the Subject Property shall be permanently connected to a private Well.  At no time may water supplied by California American Water be used for any purpose on the Subject Property without prior 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 California American Water consumption records for that address, that California American Water is being used on Subject Property, or if at any time access to inspect the property is denied, an immediate debit to the Jurisdiction’s Allocation shall occur in the amount of the water demand associated with the use, 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 cessation of California American Water use has been voluntarily accepted as a condition of Water Permit No. {INSERT PERMIT NO.} 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 and shall bind any tenant, 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 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 the Subject Property is approved, Connection Charges and other administrative fees may be required as a condition of approval.

 

NOTICE IS FURTHER GIVEN that modification or Intensification of Water Use on the 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, 20, 21, 23, 24, and 148.

 

The Owner(s) and the 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 Water Permit No. {INSERT PERMIT NO.}.  But for the limitations and notices set forth herein, approval 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.  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 record this Notice and Deed Restriction in the Recorder’s Office for the County of Monterey.  Owner(s) further unconditionally accepts the terms and conditions stated above. 

(Signatures must be notarized)

 

 

 

 

By:                                                                                          Dated:                                                 

            {OWNER’S NAME}

 

 

 

By:                                                                                          Dated:                                                

Robert Cline, Conservation Representative

            Monterey Peninsula Water Management District

 

Form 1.6.1 Template—Amend to Connect to Private Well