G.
ADJUSTMENT OF
CALCULATIONS WHERE SPECIAL CIRCUMSTANCES
EXIST
After making the connection charge calculation
detailed above in this rule, the General Manager may reduce (or increase) the
connection charge with respect to the fixture unit count component or the
projected water use component of any extension/expansion application where
special circumstances exist with respect to the anticipated water consumption
resulting from that permit. Special
circumstances shall be deemed to exist in each single-family dwelling unit
project, which proposes to irrigate more than two acres, and for each other
project, which proposes to irrigate more than five acres. Special circumstances shall also be deemed to
exist where a dual system provides sub‑potable water for outdoor
use. The General Manager may make a
proportional reduction in the connection charge and/or the water supply
improvement charge calculation for connections to any system which uses a dual
delivery of subpotable water for non‑consumptive purposes, and shall
factor the charge based upon the portion of potable water which otherwise would
have been used in the absence of the dual system. Special circumstances shall be deemed to
exist with respect to each expansion/extension permit or amended permit, which
proposes to utilize water in conjunction with a manufacturing process. Special circumstances shall also be deemed to
exist with respect to each expansion/extension permit or amended permit for a
municipality, county, or other local government agency.
The connection charge adjustment shall operate to
exact a connection charge as it relates to the increment of water, which is
projected to actually be available to and subject to use by the applicant as a
function of the connection, or the use of water. The General Manager shall make this
adjustment based upon projected use figures, which are clearly more accurate
and reliable (based upon historical use or other hard documentation) than the
regional average methodology used to substantiate the fixture unit or projected
use category methods. Calculation of any
charge shall be made by use of regional averages should any reasonable question
arise with respect to the projected use figures for a particular expansion/extension
permit or amended permit. Determinations
of the General Manager pursuant to this subdivision may be appealed to the
Board.
For those special circumstances where substantial
uncertainty exists regarding the projected water use proposed by the permit
applicant, the connection may be approved and installed upon payment of an
estimated connection charge, and the actual final connection charge be adjusted
upon the actual water use record for that connection for a reasonable time
period. Adjustment of connection charges for non‑governmental connections
shall occur only where the Board of Directors finds (a) that special
circumstances exist in accord with this paragraph, and (b) that substantial
uncertainty exists regarding the projected water use proposed by the permit
applicant. For such applications, the
Board may approve the permit subject to the following conditions:
1. The applicant shall deposit with the District the full
fee estimated to be due by reason of the projected water use.
2. The applicant shall make available to the General
Manager, upon request, any information pertaining to the actual water use or
water use practices, and information pertaining to the special circumstances,
which justify application of the extraordinary fee calculation.
3. The applicant shall agree to tender the final
connection fee calculated pursuant to this paragraph, and shall agree that such
charge shall constitute a lien against the real property upon which the water
connection is located.
4. Failure to tender the final connection fee upon
written demand shall result in the automatic revocation of the connection
permit.
5. The applicant shall authorize, in writing, the water
distribution system to remove any water meter installed pursuant to this
permit, upon revocation of the permit.
6. The conditions of this permit shall be recorded as a
restriction upon the deed for the real property upon which the water connection
is located. Such restriction shall be
removed only upon payment of the final connection fee.
7. The Board shall set a time certain for the determination
of actual water use, and the calculation of the final connection fee.
In all applications where substantial evidence does not
support the finding that uncertainty exists regarding the projected water use,
it shall be presumed that the regional water consumption figures as shown on
Tables 1 or 2 apply to the permit.
Notwithstanding any other provisions of this section,
the General Manager shall be granted authority to factor municipal, county, and
other local government connection charges upon the actual water use record for
a reasonable time period without the necessity of a hearing before the Board of
Directors or other Board action.
Determinations of the General Manager may nonetheless be appealed by the
governmental entity to the Board of Directors.
The phrase "special circumstance where
substantial uncertainty exists" (Rule 24 G) shall refer to projects that
are so unusual that neither the application of the regional average nor use of
actual undisputed quantitative documentation would provide a reliable forecast
of the project's consumption capacity.
Such a project must be unique or have such an unusual location, design
or clientele that none of the surveyed commercial categories enumerated in Rule
24 represents a comparable type of use, and/or there is no quantitative
documentation that is available and beyond dispute. The exception allowed by Rule 24 G shall not
apply where expanded water use through a single meter may benefit more than one
user of that meter.
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