Exhibit 3-E
DRAFT
FINDINGS OF DENIAL
CONSIDER APPEAL OF GENERAL MANAGER'S DECISION TO DENY A WATER USE
CREDIT FOR AN OUTDOOR FOUNTAIN/POND PURSUANT TO MPWMD RULE 24-C, RESIDENTIAL
FIXTURE UNIT COUNT – JONATHAN D. RYAN, 1050 MARCHETA LANE, PEBBLE BEACH – APN:
007-342-008
May 3, 2004
1.
FINDING: Mr. Jonathan Ryan is appealing a District decision denying a water
credit for removal of an outdoor fountain/pond at 1050 Marcheta Lane, Pebble
Beach.
EVIDENCE: Application for Appeal on file
at District office.
2. FINDING: District Rule 24, Table 1: Residential Fixture Unit Count (amended
by Resolution 2001-09) disallows credit for outdoor water fixtures, including
fountains, ponds, hot tubs/spas, multiple utility sinks and multiple
showerheads.
EVIDENCE: MPWMD Resolution 2001-09, and
District Rule 24, Table 1: Residential Fixture Unit Count.
3.
FINDING: There is no evidence of a water
permit showing a debit to a jurisdiction’s allocation and payment of related
connection charges for the fountain/pond.
EVIDENCE: There is no evidence of a water
permit for 1050 Marchetta Lane, Pebble Beach, on file at the District office.
4. FINDING: Mr. Ryan requested he be allowed to use the credit for the exterior
fountain in correspondence received by the District on January 15, 2004 on the
basis that he thought he had a credit.
EVIDENCE: Letter from Mr. Ryan to
Stephanie Pintar, Water Demand Manager on file at District office.
5. FINDING: The District responded to Mr. Ryan’s correspondence by denying
credit for an outdoor fountain/pond and citing MPWMD Resolution 2001-09 that
disallows water credit for outdoor water fixtures.
EVIDENCE: Letter from Gabriela Ayala,
Conservation Representative, to Mr. Jonathan Ryan, dated January 27, 2004.
6.
FINDING: Denial of this appeal is in keeping with the provisions of District
Rule 24C (1) (d) which states that the District shall grant a Water Use Credit
for outdoor water fixtures only upon
evidence of a water permit showing a debit to a jurisdiction’s allocation and
payment of related connection charges.
EVIDENCE: The above stated facts.
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