Meeting Date:           March 17, 2003                      Budgeted: N/A

                                                                                    Program/Line Item No.: N/A

Staff Contact:             Debbie Martin                       Cost Estimate: N/A


General Counsel Approval: N/A

Committee Recommendation: N/A

CEQA Compliance: N/A                                                                                                                   


SUMMARY:  Ordinance No. 102, adopted February 28, 2002, deleted District Rule 28-B which allowed Water Use Credit Transfers.  However, the ordinance provided a provision whereby transfer applications pending action by the District that were completed by December 31, 2002 would be able to proceed under the old rule.  One pending application (former Spinning Wheel restaurant to the City of Carmel, John Mandurrago, applicant) was completed by the December 31, 2002 deadline and is scheduled for hearing by the Board on April 21, 2003.  The remaining applications were not completed and are no longer eligible to transfer Water Use Credits.


BACKGROUND: Water Use Credit Transfers were governed by District Rule 28. Transfers of Water Use Credits from an existing commercial use to an expanding commercial use in the same jurisdiction were first allowed in December 1993.  In September 1995, the District Rules were amended to also allow commercial water use credits to be transferred into a Jurisdiction’s allocation.  Once a Water Use Credit was transferred to a Jurisdiction’s allocation, the water was available for use at the Jurisdiction’s discretion and could be used for residential or commercial uses, including new construction and remodels.


Ordinance No. 102 was adopted on February 28, 2002, voiding District Rule 28-B, Property-To-Property and Property-to-Jurisdiction Transfers of Water Use Credits for Commercial and Industrial Uses and deleting reference to District Rule 28-B in Rule 28-A.