RULES AND REGULATIONS REVIEW COMMITTEE
3.	REVIEW AMENDMENTS TO DEED RETRICTION GUIDELINES
Meeting Date:		October 28, 2013		Budgeted:	N/A
From:			David J. Stoldt	Program/		N/A
			General Manager	Line Item No.:
Prepared By:			Stephanie Pintar	Cost Estimate:	N/A
General Counsel Review: N/A
Committee Recommendation: The Water Demand Committee supported the proposed revisions.
CEQA Compliance: N/A

SUMMARY: Revised Deed Restriction Guidelines (Exhibit 3-A) were reviewed by the Water Demand Committee during its April 18, 2013 meeting. The revised guidelines respond to the Board’s April 15, 2013 strategic goal to streamline the Water Permit process. The primary change is the elimination of the requirement for legal review of deed restrictions involving individual ownership (as opposed to complex ownerships such as corporations, trusts and partnerships). Other amendments reflect current practices and refinements to language.

RECOMMENDATION: Staff recommends the Rules and Regulations Committee discuss the revisions and recommend approval to the Board.

BACKGROUND: Deed restrictions are authorized for enforcement of District Rules and Regulations by Rule 116. The documents are used to enforce Water Permit and Water Distribution System Permit conditions, restrictions or violations, and to notify current and future property owners thereof. They are also used to enforce the District’s Conservation and Rationing Regulations, Well Monitoring Program, River Work, and River Access Permits. Deed restrictions are routinely prepared and recorded by the Water Demand Division, the Planning & Engineering Division, and by the Water Resources Division.

The District has the authority to enforce its Rules and Regulations, including its permitting and conservation requirements, using deed restrictions. The current deed restriction process has been very successful. Few people express concern about the specific language of the deed restrictions being recorded on the title of the property when a Water Permit is issued. Deed restrictions noticing violations and restrictions are efficient and effective.

A thorough history of the deed restriction process is attached as Exhibit 3-B. This exhibited staff report was provided to the Water Demand Committee in 2012.

IMPACT ON STAFF/RESOURCES: The proposed changes will reduce the amount of time needed to process Water Permits for properties under individual ownership.

EXHIBITS

3-A Proposed Revisions to Deed Restriction Implementation Guidelines.

3-B Water Demand Committee staff report

U:\staff\Board_Committees\RulesRegs\2013\20131028\03\item3.docx