Rules & Regulations

Regulation I — General Provisions

RULE 10 TITLE
RULE 11 DEFINITIONS
RULE 12 EFFECTIVE DATE
RULE 13 RESPONSIBILITY OF APPLICANT
RULE 14 SEVERABILITY
RULE 15 CAPTIONS
RULE 16 IMMUNITY
RULE 17 ENVIRONMENTAL GUIDELINES
RULE 18 POLICY FAVORING INTRA-DISTRICT FUND TRANSFERS
RULE 19 AUTHORIZATION REQUIRED FOR FUND TRANSFERS
RULE 19.5 FEE SCHEDULE REDUCTION BY USE OF EXCESS REVENUES
RULE 19.8 POLICY OF PURSUING PUBLIC OWNERSHIP OF MONTEREY PENINSULA WATER SYSTEM

Regulation II — Permits
RULE 20 PERMITS REQUIRED
A. PERMIT TO CREATE/ESTABLISH A WATER DISTRIBUTION SYSTEM
B. PERMITS TO CONNECT TO OR MODIFY A CONNECTION TO A WATER DISTRIBUTION SYSTEM
C. EXEMPTIONS FOR WATER DISTRIBUTION SYSTEM PERMIT
D. PERMIT TO UNDERTAKE WORK ON PROJECTS WITHIN THE RIPARIAN CORRIDOR
E. ZONES OF CONTROLLED DRINKING WATER
RULE 20.4 PERMIT RULE NONCOMPLIANCE
A. NOTIFICATION
B. RECORD NOTICE OF NON-COMPLIANCE
C. AUTHORIZATION TO FILE LAWSUIT & IMPOSE LIENS
D. ADDITIONAL AUTHORITY
RULE 20.5 SUSPENSION OF APPLICATIONS FOR RULE NONCOMPLIANCE
RULE 21 APPLICATIONS
A. APPLICATION PACKAGE FOR PERMIT TO CREATE/ESTABLISH A WATER DISTRIBUTION SYSTEM AND APPLICATION PACKAGE FOR A CONFIRMATION OF EXEMPTION
B. APPLICATION FOR PERMIT TO CONNECT TO OR MODIFY A CONNECTION TO A WATER DISTRIBUTION SYSTEM
C. APPLICATION FOR AMENDMENT TO A WATER DISTRIBUTION SYSTEM PERMIT
D. NAME CHANGES
E. APPLICATION FOR WATER USE PERMIT FOR “BENEFITED PROPERTIES” AS THAT TERM IS DEFINED IN RULE 23.5
RULE 22 ACTION ON APPLICATION FOR PERMIT TO CREATE/ESTABLISH OR AMEND A WATER DISTRIBUTION SYSTEM, OR REQUEST A CONFIRMATION OF EXEMPTION
A. PROCESS
B. FINDINGS
C. MINIMUM STANDARDS FOR GRANTING PERMIT
D. MANDATORY CONDITIONS OF APPROVAL
E. AMENDMENTS TO PERMIT
F. CANCELLATION OF APPLICATIONS
G. CANCELLATION OF UNISSUED PERMITS
TABLE 22-A WATER DISTRIBUTION SYSTEM PERMIT MATRIX
RULE 23 ACTION ON APPLICATION FOR A WATER PERMIT TO CONNECT TO OR MODIFY A CONNECTION TO AN EXISTING WATER DISTRIBUTION SYSTEM
A. PROCESS
B. MANDATORY CONDITIONS, ACTION ON APPLICATION FOR A WATER PERMIT TO CONNECT TO OR MODIFY AN EXISTING WATER DISTRIBUTION SYSTEM
C. ADJUSTMENT OF ALLOCATION OR WATER USE PERMIT FOR UNUSED WATER CAPACITY
RULE 23.1 ACTION ON APPLICATION FOR A WATER USE PERMIT ON A BENEFITED PROPERTY
A. PROCESS
B. AMENDMENT OF WATER USE PERMIT
C. WATER USE PERMIT LIMITATIONS
RULE 23.5 PEBBLE BEACH COMPANY, J. LOHR PROPERTIES, INC., AND THE HESTER HYDE GRIFFIN TRUST ENTITLEMENTS
A. ISSUANCE OF WATER USE PERMITS
B. WATER USE PERMIT PROVISIONS
C. AMENDMENT OF WATER USE PERMITS
D. REVOCATION, TERMINATION, OR MODIFICATION OF WATER USE PERMITS
E. CAL-AM SYSTEM EXPANSION/EXTENSION PURSUANT TO WATER USE PERMITS
F. PROCEDURE IN CASE OF INTERRUPTION OF RECYCLED WATER DELIVERIES
G. DEFINITIONS
RULE 23.6 SAND CITY WATER ENTITLEMENT
RULE 23.7 MALPASO WATER ENTITLEMENT
A. MALPASO WATER COMPANY WATER ENTITLEMENT
B. REVOCATION, TERMINATION, OR MODIFICATION OF WATER USE PERMITS
RULE 23.8 D.B.O. DEVELOPMENT NO. 30 WATER ENTITLEMENT
A. D.B.O. DEVELOPMENT NO. 30 WATER ENTITLEMENT
B. REVOCATION, TERMINATION, OR MODIFICATION OF WATER USE PERMITS
RULE 23.9 CITY OF PACIFIC GROVE WATER ENTITLEMENT
A. CITY OF PACIFIC GROVE WATER ENTITLEMENT
B. REVOCATION, TERMINATION, OR MODIFICATION OF WATER USE PERMITS
RULE 24 CALCULATION OF WATER USE CAPACITY AND CAPACITY FEES
A. RESIDENTIAL CALCULATION OF WATER USE CAPACITY
TABLE 1: RESIDENTIAL FIXTURE UNIT COUNT VALUES
B. NON-RESIDENTIAL CALCULATION OF WATER USE CAPACITY
TABLE 2: NON-RESIDENTIAL WATER USE FACTORS
C. WATER SUPPLY COST COMPONENT
TABLE 3: CAPACITY FEE HISTORY
D. CALCULATION OF CAPACITY FEES
E. ADJUSTMENT OF CALCULATIONS WHERE SPECIAL CIRCUMSTANCES EXIST
F. CAPACITY FEE REFUNDS
G. CAPACITY FEE FUND ACCOUNTING
H. PERMIT FEE PAYMENT PLANS
RULE 24.5 CAPACITY FEE EXEMPTIONS FOR AFFORDABLE HOUSING
A. PARTIAL FEE EXEMPTION FOR MODERATE INCOME HOUSING
B. FEE EXEMPTION FOR LOW-INCOME HOUSING
C. CONDITIONS FOR APPROVALF OR AFFORDABLE HOUSING CONNECTION CHARGE EXEMPTIONS
RULE 25 CANCELLATION, EXPIRATION, SUSPENSION, ABANDONMENT AND REVOCATION OF PERMITS
RULE 25.5 WATER USE CREDITS AND WATER CREDITS
TABLE 4: HIGH EFFICIENCY APPLIANCE CREDITS
RULE 25.6 RESIDENTIAL RETROFIT CREDITS
RULE 25. 7 PUBLIC WATER CREDITS
RULE 26 RESUBMISSION OF DENIED APPLICATION
RULE 27 REVOCATION OF PERMIT
RULE 28 PERMIT AND WATER USE CREDIT TRANSFERS
A. PERMIT TRANSFERS
B. PROPERTY- TO-PROPERTY AND PROPERTY- TO-JURISDICTION TRANSFERS OF WATER USE CREDITS FOR COMMERCIAL AND INDUSTRIAL USES
C. PUBLIC OPEN SPACE TRANSFERS (FORMERLY RULE 24-B-2)
RULE 29 SUSPENSION OF PERMIT

Regulation III — Jurisdictional Allocations
RULE 30 DETERMINATION OF WATER ALLOCATIONS
RULE 31 REPORT ON STATUS OF WATER ALLOCATIONS
RULE 32 WATER RESOURCE SYSTEM PRODUCTION AND SALES LIMITS
A. RESOURCE LIMITS
B. ACCOUNTING
RULE 33 JURISDICTIONAL AND RESERVE WATER ALLOCATIONS
A. JURISDICTIONAL ALLOCATIONS
B. DISTRICT RESERVE ALLOCATION
C. WATER WEST ADJUSTMENT RESERVE
D. LIMIT ON FUTURE WATER ALLOCATIONS

Regulation IV — Monitoring
RULE 40 DETERMINATION OF SYSTEM CAPACITY AND EXPANSION CAPACITY LIMITS
A. DETERMINATION OF SYSTEM CAPACITY (PRODUCTION) AND EXPANSION CAPACITY (CONNECTION) LIMITS (“SYSTEM LIMITS”)
B. MODIFICATION OF SYSTEM CAPACITY (PRODUCTION) AND EXPANSION CAPACITY (CONNECTION) LIMITS (“SYSTEM LIMITS”)
C. ANNUAL WATER DELIVERY SYSTEM REPORT
D. SYSTEMS EXCEEDING PRO RATA EXPANSION CAPACITY
E. HEARINGS FOR SYSTEMS THAT EXCEED THE PRO RATA EXPANSION CAPACITY
F. NOTIFICATION
RULE 41 REVIEW OF MUNICIPAL UNIT COMPLIANCE WITH ALLOTMENT
RULE 42 MANDATORY RELEASE OF CUSTOMER INFORMATION FROM WATER DISTRIBUTION SYSTEMS
A. DEFINITIONS
B. WATER USE SURVEY DATA
C. WATER WASTE DATA
D. HIGH WATER USE DATA
E. WATER AUDIT DATA
F. DATA SYSTEMS MANAGEMENT
G. DATA RETENTION SCHEDULES
H. DATA DESTRUCTION NOTIFICATION
I. GENERAL WATER USE DATA
J. PRIVACY OF DATA
K. IMPLEMENTATION DATES

Regulation V — Well Monitoring
RULE 50 GENERAL PROVISIONS OF THE WELL MONITORING PROGRAM
RULE 51 REGISTRATION PROCESS
A. AUTHORITY TO PROCESS REGISTRATIONS
B. PROCESS
C. DELEGATION OF REGISTRATION APPROVAL
RULE 52 REGISTRATION REQUIRED
A. EXISTING WELL REGISTRATION
B. NEW WELL REGISTRATION
C. FEES FOR DELINQUENT WELL REGISTRATION
D. USE OF UNREGISTERED WELLS IS PROHIBITED
RULE 53 ABANDONMENT OF WELLS
RULE 54 REPORTING
A. REPORTING REQUIRED
B. REPORTING STATUS
C. WELLS NOT REQUIRED TO HAVE WATER METERS
D. WELLS REQUIRED TO HAVE WATER METERS
RULE 55 LAND USE METHOD
A. REPORTING REQUIRED
B. REPORTING METHOD
RULE 56 WATER METER METHOD
A. REPORTING REQUIRED
B. REPORTING METHOD
C. WATER METER INSTALLATION
D. CONFIGURATION OF WATER METER INSTALLATION
E. TIMING OF WATER METER INSTALLATION
F. MAINTENANCE OF ACCURACY
G. VERIFICATION OF WELL METER INSTALLATION AND ACCURACY
H. PROHIBITION AGAINST PRODUCTION FROM A WELL WITHOUT THE INSTALLATION OF ANY REQUIRED WATER METER
I. LIMITATION ON USE OF DATA FROM METERED WELLS
RULE 56.5 WELL METER INSTALLATION UPON CHANGE OF OWNERSHIP
A. PROOF OF RETROFIT UPON CHANGE OF OWNERSHIP
B. CERTIFICATION OF COMPLIANCE REQUIRED BEFORE CLOSE OF ESCROW
C. LIMITATION OF LIABILITY FOR TITLE INSURANCE COMPANIES
D. RECORDATION OF NOTICE BY DISTRICT
RULE 57 CRITERIA AFFECTING WATER METER INSTALLATION REQUIREMENTS
A. CRITERIA TO REQUIRE WELL METER INSTALLATION BASED UPON QUANTITY OF WATER USE
B. VARIANCE FROM WELL METER REQUIREMENTS
RULE 58 ACCESS TO WELLS
RULE 59 WELL CONSTRUCTION STANDARDS

Regulation VI — Fees
RULE 60 FEES AND CHARGES
A. PURPOSE
B. FEE AND CHARGES CATEGORIES
C. TABLE OF FEES AND CHARGES
D. CAPACITY FEES
E. IMPLEMENTATION GUIDELINES
F. ADMINISTRATION OF FEES AND CHARGES
G. NOTIFICTION OF UNPAID FEES AND CHARGES
H. COLLECTION OF UNPAID FEES AND CHARGES
I. ENFORCEMENT
J. FEES RELATING TO CHALLENGES TO PERMITS
K. FEES RELATING TO PERMIT MODIFICATION OR ENFORCEMENT
L. UNPAID FEES AND CHARGES
M. REFUNDS OF FEES AND CHARGES
RULE 61 PUBLICATION FEES
RULE 62 WELL MONITORING FEES
RULE 63 MISCELLANEOUS FEES
RULE 64 WATER DISTRIBUTION SYSTEM USER FEES
RULE 65 CONNECTION SURCHARGE

Regulation VII — Appeals
RULE 70 APPEALS
RULE 71 ASSESSMENT APPEALS
RULE 71 BOARD MEMBER POLICY REVIEW AND/OR APPEAL

Regulation VIII — Penalties
RULE 80 REGISTRATION
RULE 81 METERING
RULE 82 REPORTING
RULE 83 WATER WASTE FEES

Regulation IX — Variances
RULE 90 VARIANCE
RULE 91 SHORT-TERM VARIANCE
RULE 92 RATIONING VARIANCE

Regulation X — Water Resource Operations Plan
RULE 100 WATER RESOURCE OPERATIONS PLAN
RULE 101 FORECAST OF WATER SUPPLY
A. GENERAL MANAGER’S WATER SUPPLY FORECAST REPORT
B. WATER SUPPLY MANAGEMENT STRATEGIES
C. DRAFT OPERATIONAL WATER SUPPLY BUDGETS PREPARED BYWATER DISTRIBUTION SYSTEMS
D. APPROVAL OF OPERATIONAL WATER SUPPLY BUDGETS
E. DAILY PRODUCTION REPORTS PREPARED BYWATER DISTRIBUTION SYSTEMS
F. EMERGENCY REVISION OF OPERATIONAL WATER SUPPLY BUDGETS
RULE 102 ADHERENCE TO WATER SUPPLY BUDGETS
RULE 103 REVIEW OF PRODUCTION REPORTS
RULE 104 RATIONING
RULE 105 MORATORIUM ON NEW CONNECTIONS
RULE 106 REGULATION OF MOBILE WATER DISTRIBUTION SYSTEMS DURING A WATER EMERGENCY
RULE 107 REGULATION OF WELL OWNERS/OPERATORS AND EXTRACTORS

Regulation XI — Enforcement
RULE 110 GENERAL ENFORCEMENT
RULE 110.5 ADMINISTRATIVE REMEDIES
RULE 111 ADMINISTRATIVE CITATION
RULE 111.5 ADMINISTRATIVE COMPLIANCE AND CEASE & DESIST ORDER
RULE 111.6 ALTERNATE ENFORCEMENT
RULE 111.7 NOTICES
RULE 112 HEARING OFFICER; COMPENSATION
RULE 112.5 HEARING OFFICER ROTATION
RULE 113 LIENS
RULE 113.1 ADMINISTRATIVE FINES
RULE 113.2 ADVANCE DEPOSIT HARDSHIP WAIVER
RULE 114 PERMIT RULE NONCOMPLIANCE
RULE 114.1 HEARING REQUEST
RULE 114.2 ADMINISTRATIVE COMPLIANCE HEARING
RULE 114.3 NOTICE OF HEARING
RULE 114.4 COMPLIANCE HEARING; FINDINGS
RULE 114.5 ADMINISTRATIVE & ABATEMENT ORDERS
RULE 115.1 ADMINISTRATIVE PENALTIES
RULE 115.2 ADMINISTRATIVE COSTS
RULE 115.3 INTEREST
RULE 116 FAILURE TO COMPLY WITH AN ADMINISTRATIVE ORDER OR CEASE & DESIST ORDER
RULE 116.5 RECOVERY OF ADMINISTRATIVE PENALTIES AND COSTS
RULE 117 REPORT OF COMPLIANCE WITH ADMINISTRATIVE ORDER
RULE 117.5 COMPLIANCE DISPUTE
RULE 118 JUDICIAL REVIEW
RULE 119.1 LATE PAYMENT CHARGES
RULE 119.2 RECOVERY OF ADMINISTRATIVE FINES AND COSTS
RULE 119.3 LIEN PROCEDURE
RULE 119.4 LIEN HEARING AND PROTESTS
RULE 119.5 RECORDING OF LIEN
RULE 119.6 SATISFACTION OF LIEN

Regulation XII — Carmel River Management
RULE 120 CARMEL RIVER ADVISORY COMMITTEE
A. COMMITTEE PURPOSE
B. COMMITTEE ORGANIZATION
RULE 121 CARMEL RIVER MANAGEMENT FUNDS
RULE 122 RIVER MANAGEMENT FUND ACCOUNTING
RULE 123 RIVER MANAGEMENT ACTIVITIES
A. EROSION PROTECTION AND PREVENTION
B. MAINTENANCE OF VEGETATION
C. INSPECTION
D. EDUCATION
E. RESEARCH
F. EASEMENTS AND AGREEMENTS
G. EMERGENCY
H. OTHER RELATED ACTIVITIES
RULE 124 RIVER MANAGEMENT AND REGULATIONS
RULE 125 RIVER ACCESS PERMITS
RULE 126 RIVER WORK PERMITS
A. REGULAR PROCEDURE
B. PERMIT EXEMPTIONS
C. EMERGENCY PROCEDURE
D. PROCEDURE WHERE A LIFE OR PROPERTY IS THREATENED
RULE 127 PERMIT PROCESS
A. RIVER WORK PERMITS
B. EMERGENCY RIVER WORK PERMITS
C. PERMIT APPEALS
RULE 128 LIMITATIONS
RULE 129 EFFECTIVE DATES
RULE 130 SUNSET PROVISIONS

Regulation XIII — Non-Potable Water
RULE 131 NON-POTABLE WATER ALTERNATIVES
RULE 132 NON-POTABLE WATER CONVERSIONS
RULE 133 SUPPLEMENTAL AUTHORITY

Regulation XIV — Water Conservation
RULE 140 PURPOSE
RULE 141 WATER CONSERVATION REBATES
A. QUALIFYING DEVICES
TABLE XIV-1 – REBATE AMOUNTS
B. REBATE AMOUNTS
C. REBATE ELIGIBILITY
D. CONDITIONS OF APPROVAL
E. APPLICATION
F. PROCESS
RULE 142 WATER EFFICIENCY STANDARDS
RULE 142.1 WATER EFFICIENT LANDSCAPE REQUIREMENTS
RULE 143 WATER EFFICIENCY STANDARDS FOR EXISTING NON-RESIDENTIAL USES
RULE 144 RETROFIT UPON CHANGE OF OWNERSHIP, USE OR CHANGE OF USE
A. MANDATORY RETROFIT UPON CHANGE OF OWNERSHIP OR USE
B. MANDATORY RETROFIT UPON EXPANSION OF USE
C. RETROFIT EXEMPTIONS
D. PROOF OF RETROFIT UPON CHANGE OF OWNERSHIP OR CHANGE OF USE
RULE 145 RECORDATION OF NOTICE
RULE 146 DISCRETIONARY EXEMPTIONS
A. HARDSHIP
B. EMERGENCY
C. IN LIEU COMPLIANCE
D. RETROFIT EXEMPTIONS
RULE 147 APPEALS
A. CONTENT OF APPEAL
B. ACCEPTANCE OF APPEAL
RULE 148 PENALTIES
RULE 149 ENFORCEMENT
RULE 150 CIVIL NUISANCE
RULE 151 COST OF ENFORCEMENT
RULE 152 REMEDIES CUMULATIVE
RULE 153 SEVERABILITY
RULE 154 CONSERVATION MESSAGE REQUIREMENTS

Regulation XV — The Monterey Peninsula Water Conservation and Rationing Plan
RULE 160 REGULATORY PRODUCTION TARGETS AND PHYSICAL STORAGE TARGET
TABLE XV-1 REGULATORY WATER PRODUCTION TARGETS FOR ALL CALIFORNIA AMERICAN WATER SYSTEMS FROM SOURCES WITHIN THE MONTEREY PENINSULA WATER RESOURCE SYSTEM
TABLE XV-2 REGULATORY WATER PRODUCTION TARGETS FOR CALIFORNIA AMERICAN WATER SATELLITE SYSTEMS FROM SOURCES WITHIN THE MONTEREY PENINSULA WATER RESOURCE SYSTEM
TABLE XV-3 REGULATORY WATER PRODUCTION TARGETS FOR CALIFORNIA AMERICAN WATER SYSTEMS FROM CARMEL RIVER SOURCES WITHIN THE MONTEREY PENINSULA WATER RESOURCE SYSTEM
TABLE XV-4 PHYSICAL STORAGE TARGET FOR THE MONTEREY PENINSULA WATER RESOURCE SYSTEM FOR THE MAY-SEPTEMBER 2020 AND ALL WY 2022
RULE 161 GENERAL PROVISIONS
RULE 162 STAGE 1 WATER CONSERVATION: PROHIBITION ON WATER WASTE
TABLE XV-5 WATER WASTE FINES
RULE 163 STAGE 2 WATER CONSERVATION: VOLUNTARY REDUCTION IN USE
RULE 164 STAGE 3 WATER CONSERVATION: CONSERVATION RATES
RULE 165 STAGE 4: WATER RATIONING
RULE 166 WATER RATIONING EXEMPTIONS AND VARIANCES
RULE 167 DEFINITIONS USED IN REGULATION XV
RULE 168 WATER BANKS – Deleted by Ordinance No. 169
RULE 169 WATER RATIONING VARIANCE – Deleted by Ordinance No. 169
RULE 170 WATER USE SURVEY – Deleted by Ordinance No. 169
RULE 171 WATER WASTE AND NON-ESSENTIAL WATER USE ENFORCEMENT – Deleted by Ordinance No. 169
RULE 172 LANDSCAPE WATER AUDITS – Deleted by Ordinance No. 169
RULE 173 REGULATION OF MOBILE WATER DISTRIBUTION SYSTEMS – Deleted by Ordinance No. 169
RULE 174 REGULATION OF WELL OWNERS OR OPERATORS AND EXTRACTORS – Deleted by Ordinance No. 169
RULE 175 WATER RATIONING ENFORCEMENT – Deleted by Ordinance No. 169

Regulation XVI — Ex Parte Communication
RULE 180 DISCLOSURE OF AGENTS
RULE 181 DISCLOSURE OF EX PARTE COMMUNICATIONS
A. SCOPE
B. POLICY STATEMENT
C. PROCEDURE
RULE 182 PARTICIPATION .PROHIBITION
RULE 183 CONSEQUENCES OF PARTICIPATION WITHOUT DISCLOSURE

Regulation XVII — Claims
RULE 191 SHORT TITLE
RULE 192 PURPOSE
RULE 193 CLAIM FOR RECOVERY REQUIRED
RULE 194 FORM OF CLAIM
RULE 195 BASIS FOR REFUND TO BE STATED
RULE 196 CLAIMS PROCESS
RULE 197 CLASS OR REPRESENTATIVE CLAIMS
RULE 198 AUTHORIZATION OF REFUND
RULE 199 CLAIMS PROCESS
RULE 200 TIME-BARRED CLAIMS
RULE 201 EFFECTIVE DATE
RULE 202 TIMELY COMMENCEMENT OF LAWSUIT & LIMITATIONS
RULE 203 APPLICABILITY OF STATE LAW