RULE 23 - ACTION
ON APPLICATION FOR A WATER PERMIT TO CONNECT TO OR MODIFY AN EXISTING A WATER DISTRIBUTION SYSTEM
A. PROCESS
1. New
water permit.
a. The
General Manager shall review the application and determine whether the
applicant has met the criteria for a water permit. If additional information is required to
complete the application, the applicant shall be notified in writing within
thirty (30) days of the initial application.
b. The General Manager shall determine if
the District has temporarily delayed the issuance of new water permits pursuant
to Regulation XV. If a temporary delay is in place that
effects the application, no water permit shall be processed and the application
shall be returned to the applicant.
Exceptions to this rule shall be made for permit applications for a new water
meter for a fire suppression system or to individually meter uses previously
metered by one water meter (i.e. meter split) unless otherwise determined by
action of the Board of Directors.
c. The General
Manager shall not process a water permit when any portion of the Site lies
outside of the affected water distribution system service
area.
d. The General Manager shall not process a
water permit when there is a previously issued permit for a completed project
on the application Site and a final inspection by the District has not been
conducted and/or where the property is not in compliance with District Rules
and Regulations or conditions attached to previous District permits.
e. The
General Manager shall calculate the appropriate connection charge for the
project using Rule 24, Calculation of Water Use Capacity and Connection Charge.
f. When the
application involves an Intensification of Use, the General Manager shall
ensure that the total quantity of water permitted for all
projects, including the current application, within a Jurisdiction
does shall not exceed that Jurisdiction’s total water allocation. Similarly, for projects not subject to a
jurisdiction’s water allocation, the General Manager shall ensure that the
total quantity of water permitted for all projects, including the current
application, does not exceed the production limit and/or connection limit of
the water distribution system serving the project Site.
g. When the
Adjusted Water Use Capacity as determined in Rule 24 is a positive number, that
amount of water shall be deducted from the jurisdiction or entitlement as
authorized on the Water Release Form. If
additional water is required to meet the Adjusted Water Use Capacity of the
project and the applicant is unable to reduce the Adjusted Water Use Capacity by , the application shall be denied and returned to the
applicant to secure additional water resources.
g. Intensification of use allowed by a
water permit shall result in a deduction from a Jurisdiction’s Allocation (for
projects served by the main
h. In the
absence of special circumstances or undue hardship, the General Manager shall
not issue a water permit which results in the installation of a new water meter
that serves water to more than one user.
Multiple users shall apply for separate water permits pursuant to this
rule. This provision, however, shall not
prevent the issuance of a water permit which allows a single user to extend
incidental water use (e.g. to a single bar
sink).
This provision shall be construed to enable the issuance of a water permit
required by reason of a change in occupancy or use of an existing
structure without a requirement to install separate water meters for each
separate use or user provided no substantial structural modifications are
necessary to facilitate the changed use.
Any such application shall nonetheless be processed in accord with Rule
24 (Water Permit Process).
i. When the application involves
recordation of the notices on the title of the property, all notices shall be
recorded by the District prior to final issuance of a water permit. Additional information (i.e. trust documents,
Articles of Incorporation, etc.) may be requested to verify ownership and to
facilitate preparation of District notices.
j. The
General Manager shall collect payment of the appropriate connection charge and
processing fees and shall issue a receipt prior to final issuance of a water
permit.
k. When
the application requests a permit to install a new water meter for a fire
suppression system, to extend a water main within the boundaries of the water
distribution system, or to individually meter uses previously metered by one
water meter (i.e. meter split), there shall be no processing fee.
l. The General Manager shall mark the
construction drawings with the District’s water permit approval stamp and shall
sign the stamp and include the water permit number and date issued.
m. Following
project completion, a final inspection of the project shall be conducted by the
District. If the completed project
varies from the permitted project, an amended water permit is required. After reasonable notice by the District to
the property owner to correct any deficiency, the General
Manager may
adjust the charge and the water debited from a Jurisdiction’s
Allocation
and cause a partial refund or the imposition and collection of an additional
connection charge to reflect the project as built rather than the project as
permitted in accord with the provisions of Rule 24.
n. General
Manager determinations under this rule, either issuing or refusing to issue a
permit, may be appealed to the Board pursuant to Rule 70.
2. Amended water permit.
a. The General Manager shall review the
application and determine whether the applicant has met the criteria for a
water permit. If additional information
is required to complete the application, the applicant shall be notified in
writing within thirty (30) days of the initial application.
b. The General Manager shall determine if
the District has temporarily delayed the issuance of amended water permits
pursuant to Regulation XV. If a temporary delay is in place that effects
the application, no amended water permit shall be processed and the application
shall be returned to the applicant.
c. The General
Manager shall not process an amended water permit when any portion of the Site
lies outside of the affected water distribution system service
area.
d. The General Manager shall not process
an amended water permit when there is a
previously issued permit for a completed project on the application Site and a
final inspection by the District has not been conducted, and/or where the
property is not in compliance with District Rules and Regulations or conditions
attached to previous District permits.
e. The
General Manager shall calculate the appropriate connection charge for the
project using Rule 24, Calculation of Water Use Capacity and Connection Charge.
f. When the application involves an
Intensification of Use, the General Manager shall ensure that the total
quantity of water permitted for all projects, including the current application,
within a Jurisdiction
shall not exceed that Jurisdiction’s total water allocation. Similarly, for projects not subject to a
jurisdiction’s water allocation, the General Manager shall ensure that the
total quantity of water permitted for all projects, including the current
application, does not exceed the production limit and/or connection limit of
the water distribution system serving the project Site.
g. Intensification of use allowed by a
water permit shall result in a deduction from a Jurisdiction’s Allocation (for
projects served by the main
h. When the application involves recordation of
the notices on the title of the property, all notices shall be recorded by the
District prior to final issuance of a water permit. Additional information (i.e. trust documents,
Articles of Incorporation, etc.) may be requested to verify ownership and to
facilitate preparation of District notices.
i. The General Manager shall collect
payment of the appropriate connection charge and processing fees and shall
issue a receipt prior to final issuance of a water permit.
j. The General Manager shall mark the
construction drawings with the District’s water permit approval stamp and shall
sign the stamp and include the water permit number and date issued.
k. Following
project completion, a final inspection of the project shall be conducted by the
District. If the completed project
varies from the permitted project, an amended water permit is required. After reasonable notice by the District to
the property owner to correct any deficiency, the General
Manager may
adjust the charge and the water debited from a Jurisdiction’s
Allocation
and cause a partial refund or the imposition and collection of an additional
connection charge to reflect the project as built rather than the project as
permitted in accord with the provisions of Rule 24.
l. General
Manager determinations under this rule, either issuing or refusing to issue a
permit, may be appealed to the Board pursuant to Rule 70.
3. Temporary Water Permits.
a. The General Manager may issue a water permit for short-term temporary water use when the
applicant has submitted a written request for a temporary water connection,
including an explanation of the type and quantity of use requested and a signed
Water Release Form from the jurisdiction.
b. The applicant for a temporary water
permit shall agree that the temporary water permit does not confer a property
interest to obtain or use water after expiration and/or revocation of the
permit. This condition shall be recorded
on the title of the property for the duration of the Temporary Water Permit.
c. The General Manager shall process a
Temporary Water Permit pursuant to Rule 23-A-1.
d. Following
removal of the temporary connection and verification of removal by the
District, water temporarily debited from the jurisdiction’s allocation will be
returned to the jurisdiction and the connection charge paid for the temporary
connection will be refunded to the current property owner.
4. Conditional Permits
A
category of water permits known, as Conditional Water Permits shall be
available to a limited group of water permit applicants under estricted circumstances and only with the jurisdiction’s endorsement.
A Conditional Water Permit creates a record that specifically quantifies the increment
of water assigned for use at the location designated by the jurisdiction and
debits the jurisdiction’s water allocation.
Conditional Water Permits are available to those projects that are
unable to meet all of the criteria of Rule 23-A-1 and meet the standards in Rule
23-A-4-a.
a. The
following categories of projects may obtain a Conditional Water Permit:
(1) Large
Projects - Commercial projects with a projected water demand of over one acre-foot annually.
(2) Government
Projects - Projects owned and operated, or financed by a governmental agency.
(3) Projects
with Complex Financial Underwriting - Determined at the discretion of the Board
of Directors.
b. The
Conditional Water Permit may be issued when the following criteria have been
met:
1. There is no
water supply emergency;
2. There is
sufficient water supply in the jurisdiction’s allocation;
3. The
governing body of a jurisdiction submits a written request that a Conditional
Water Permit be issued to a project;
4. A completed Water Release Form for the project is submitted which
includes the authorizing signature of the jurisdiction to debit its water
allocation;
5. Payment of
all connection charges and fees have been received by
the District.
c. A
Conditional Water Permit must be finally approved only by the General Manager,
following review of the proposed conditions by the District’s legal
counsel. The notarized signature of the
project applicant is required before the General Manager’s signature is obtained.
d. A
Conditional Water Permit shall be numbered with the next sequential alpha and
numeric number beginning with C-001, C-002, etc. A water permit bearing the water permit number referenced in the
conditional water permit shall be maintained, unsigned in the District’s
file.
e. An amount
of water approved for use by the jurisdiction for the project will be debited
from the jurisdiction’s water allocation at the time the conditional water
permit is issued.
f. A
Conditional Water Permit does not allow the setting of any water meter or the
start of any new or expanded water use until the conditions of the permit have
been met.
h. Each
Conditional Water Permit is time limited.
The Conditional Water Permit shall expire on December 31st of the year
following issuance.
i. A written request for extension of the
Conditional Water Permit may be requested and shall require Board authorization
for extension. Requests for extension
must be received no later than forty-five (45) days prior to expiration and
must include an explanation for the request and the jurisdiction’s agreement
that the Board should grant an extension.
B.
MANDATORY
CONDITIONS OF APPROVAL.
1.
Construction of a
New Structure. All new structures
permitted by the District shall be subject to the following conditions:
a.
The Project site
must meet all applicable water conservation requirements of Regulations XIV and
XV.
b.
The applicant
shall arrange for a final inspection by the District upon project
completion. District staff shall review
the project, water fixtures, and landscaping for compliance with the water
permit.
c.
Permit amendments
or other actions required as a result of a final inspection shall be completed
within thirty (30) days of the date of the final inspection.
d.
Each user shall
have a separate water meter.
e.
Other conditions
may be placed upon approval as indicated in the applicable Rule governing the
water permit process.
2.
Construction
within or to an Existing Structure. All
construction within or to an existing structure shall be subject to the
following conditions:
a.
The Project site
must meet all applicable water conservation requirements of Regulations XIV and
XV.
b.
The applicant
shall arrange for a final inspection by the District upon project
completion. District staff shall review
the project, water fixtures, and landscaping for compliance with the water
permit.
c.
Permit amendments
or other actions required as a result of a final inspection shall be completed
within thirty (30) days of the date of the final inspection.
3.
Construction in
the Sleepy Hollow Subdivision of
a.
All exterior water
use shall be supplied by the Sleepy Hollow Subpotable Water System or by an
on-site well.
b.
Interior water use
shall be supplied by California-American Water Company supplied via a master
meter at the subdivision boundary.
c.
Both interior and
exterior uses shall be metered by individual water meters.
C.
ADJUSTMENT OF
ALLOCATION FOR ABANDONED, OR REVOKED OR MODIFIED
WATER PERMITS.
Any permitted water capacity which is not used because
of an abandoned, expired, revoked, or returned, or amended water permit
shall be returned to the applicable Allocation or
entitlement applicable to that Jurisdiction (or the District
Reserve) upon the expiration or revocation of that permit.
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