EXHIBIT 4-A

DRAFT

FINDINGS OF APPROVAL

CONSIDER APPEAL OF GENERAL MANAGER'S DECISION TO DENY A WATER USE CREDIT FOR AN OUTDOOR FOUNTAIN/POND PURSUANT TO MPWMD RESOLUTION 2001-09 – JONATHAN D. RYAN, 1050 MARCHETA LANE, PEBBLE BEACH – APN: 007-342-008

July 19, 2004

1. FINDING: A Water Use Credit may be authorized on a case-by-case basis when District staff has provided correspondence documenting a future Water Use Credit for removal of a specific water fixture at a specific property.

EVIDENCE: Action to grant the appeal of Jonathan Ryan at the May 3, 2004, Water Management District special board meeting.

2. FINDING: Mr. Jonathan Ryan appealed a District decision denying a water credit for a fountain/pond at 1050 Marcheta Lane, Pebble Beach.

EVIDENCE: Application for Appeal on file at District office.

3. 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.

4. FINDING: An advance credit letter sent to Mr. Ryan on February 8, 1999 indicated the credit for a fountain/pond could be reused on the same site for 60 months (five years) from the date of installation or removal.

EVIDENCE: Correspondence dated February 8, 1999, on file at District office from the District to Mr. Ryan.

5. FINDING: Mr. Ryan contacted the District in January 2004 to inquire about extending a credit for the outdoor fountain that had been noted on the advance credit letter.

EVIDENCE: Letter from Mr. Ryan to Stephanie Pintar, Water Demand Manager, on file at District office.

6. FINDING: The District responded to Mr. Ryan’s correspondence by denying credit for the 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.

7. FINDING: Staff had recommended denying this appeal as the provisions of District Ordinance No. 111 allows a Water Use Credit for outdoor water fixtures only when the applicant has obtained a water permit and has paid a connection charge for the outdoor water fixture.

EVIDENCE: Staff report for Ryan Appeal considered by the Board of Directors on May 3, 2004.

8. FINDING: The Board authorized the Water Use Credit for the fountain and granted the appeal on the basis that the District had specified in its February 8, 1999 letter to Mr. Ryan that a Water Use Credit would be available for the fountain/pond.

EVIDENCE: Minutes of the May 3, 2004 special Board meeting.

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