EXHIBIT 4-A

Excerpts from MPWMD Rules and Regulations

►►Rule 24-A-5 Outlines the mandatory calculation for exterior uses (including landscape irrigation, car washing, dog watering, hot tub filling, etc.).

5. Exterior Residential Water Demand Calculations

a. Sites of Less Than 10,000 square-feet. For all new Connections on Sites of less than 10,000 square-feet, the Exterior Water Demand Calculation shall be 50 percent of the interior fixture unit value.

b. Sites of 10,000 Square-Feet or Greater. For all new Connections on Sites of 10,000 square-feet or greater, the Exterior Water Demand Calculation shall be the Maximum Applied Water Allowance (MAWA), or 50 percent of the interior fixture units, whichever is greater. The following calculation should be used to determine the MAWA:

MAWA = ETo x ETadj x LA x IE

325,851

Where:

• MAWA = Maximum Applied Water Allowance (gallons/year)

• ETo = Reference Evapotranspiration (inches per year)

• ETadj = Target ET Adjustment Factor shall be 0.8

• LA = Landscaped Area of Site (square feet)

• 325,851 = Gallons-per-Acre-Foot

• IE = Target Irrigation Efficiency shall be 0.625

c. Sites with Jurisdiction Landscaping Restrictions. For all new Connections on Sites where native Landscaping is a requirement of and enforced by the Jurisdiction, the Exterior Water Demand Calculation shall be 25 percent of the interior fixture unit value. The native Landscaping requirement shall be a recorded covenant on the title of the property or other deed restriction enforceable by the District. The recorded covenant or deed restriction shall provide notice to each subsequent owner that any change of Landscaping may constitute an Intensification of Use which could result in payment of additional Connection Charges and debits to a Jurisdiction’s Allocation or Water Entitlement.

►►Rule 24-E-1-a Refers to a dual water supply.

E. ADJUSTMENT OF CALCULATIONS WHERE SPECIAL CIRCUMSTANCES EXIST

1. The General Manager may reduce (or increase) the Adjusted Water Use Capacity when Special Circumstances exist with respect to the anticipated water consumption resulting from that Permit. Special Circumstances shall be deemed to exist in the following circumstances:

a. After project completion and verification that Sub-potable Water or untreated Well water is the exclusive supply for all exterior uses, the General Manager may make a proportional adjustment for the final Adjusted Water Use Capacity and shall refund that portion of the Connection Charge and the portion of water debited from an Allocation or Water Entitlement.

►►Rule 25.5-A-3 Refers to credit for removal of existing landscaping. 

3. Grant a Water Use Credit for the permanent removal of water using fixtures providing that the fixture was properly and lawfully installed. Credit for fixtures listed in Rule 24-A-2 shall only receive a Water Use Credit upon evidence of a Water Permit showing a debit to a Jurisdiction’s Allocation and payment of related Connection Charges.

a. Water Use Credits for multiple Showerheads shall be limited to a maximum of four (4) fixture units per Separate Stall Shower or Bathtub.  A Shower System shall be considered a component of a Separate Stall Shower or Bathtub for purposes of this Rule.

b. Credit shall not be given for any reduction which occurs as the result of the removal of Landscaping installed without a Water Permit or installed pursuant to a Water Permit for New Construction. An exception to this limitation shall be made for Non-Residential Landscaping that was specifically identified, quantified, and permitted by the District. Any Water Use Credit granted under this subdivision shall be determined using the Estimated Applied Water for the increment of Landscaping being permanently abandoned.

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