MONTEREY PENINSULA WATER MANAGEMENT
DISTRICT
CONDITIONS OF APPROVAL
FOR CREATION OF
BARDIS WATER
DISTRIBUTION SYSTEM
APN 169-181-051
Application
#20040426BAR
MPWMD Permit
#S04-03
Permittee:
Christo D. Bardis
Adopted by MPWMD Hearing Officer on
November 24, 2004 Pursuant to Rule 22-D, based on Public Hearing Conducted on
November 19, 2004
1. The Bardis Water Distribution System
(WDS) is authorized by the Monterey Peninsula Water Management District (MPWMD)
under Permit #S04-03 to serve the 10.02-acre parcel identified as Assessor’s
Parcel Number (APN) 169-181-051, as shown in Figure 1 (attached).
2. The Bardis WDS is authorized under
Permit #S04-03 to provide potable and non-potable water for residential uses
(including associated landscape irrigation) and irrigated agriculture,
respectively, in the service area identified in Condition No. 1, and in
compliance with Monterey County Superior Court Case No. M43343 (Save Our
3. The
system capacity (water production) limit for the Bardis WDS is hereby set at 14.910
acre-feet per year (AFY) divided as follows:
0.444 AFY for residential uses, including landscape irrigation, and
14.466 AFY for agricultural irrigation.
The expansion capacity (connection) limit is set at no more than one
connection in order to serve uses allowed by Monterey County zoning
regulations and permitted by County authorities on the subject parcel. No municipal unit (jurisdiction) allocation
is associated with this permit.
4. The
source of water for the Bardis WDS is one well (California Well Completion
Report #0900420 located on APN 169-181-051 in the approximate location shown in
Figure 1.
Other
Conditions of Approval
5. Permittee shall execute an Indemnification Agreement that holds the District harmless and promises to defend the District from any claims, demands, or expenses of any nature or kind arising from or in any way related to the adequacy of the water supply for the Bardis WDS. This permit is not valid until the Indemnification Agreement is signed both by Permittee and MPWMD. The Indemnification Agreement must be signed within 60 days of the date of approval (i.e., by January 24, 2005) for the permit to remain valid.
6. Permittee shall comply with District
rules relating to water well registration, metering and annual reporting of
production (MPWMD Rules 52 and 54).
7. The Bardis WDS shall report production
by the Water Meter Method (MPWMD Rule 56) for the well designated in Condition
No. 4. Permittee shall separately meter
and report potable (residence and associated landscaping) and non-potable
(irrigated agriculture) use.
8. Permittee shall comply with all
District water conservation ordinances that pertain to residential and
landscape use as well as non-potable use.
Current ordinances specify maximum water use rates for fixtures and
require new development to install drought-resistant landscapes, and drip
irrigation where appropriate. Contact
with the District Permit and Conservation Office is recommended during project
planning.
9. No new water meter connections to the
Bardis WDS may be set until a water connection permit has been secured from the
District for each connection in accordance with MPWMD regulations governing
issuance of water connection permits.
Connection charges shall be calculated based on water demand estimates
using the District’s water demand methodology at the time of the application.
10. Any intensification or expansion of the
Bardis WDS shall require a new application and permit (see MPWMD Rules 23 and
24).
11. Any
new facilities, expansion of or modification to service area boundaries,
changed conditions regarding water service, change in the production or
connection limits set in Condition No. 3, or other changes described in MPWMD
Rule 22-E shall require a permit to amend the Bardis WDS.
12. With
the exception of structures on APN 169-181-051 currently served by California
American Water (Cal-Am) on the date of approval of this application, water
derived from the Cal-Am system may only be used in a fire emergency until such
time as full compliance with State Water Resources Control Board (SWRCB) Order
WR 95-10 is achieved. No permanent
intertie between the Bardis WDS and any other system shall be allowed. The
Bardis WDS may temporarily intertie to other nearby non-Cal-Am wells or receive
trucked-in water in a non-fire emergency, system failure or similar short-term
critical event. Use of trucked-in water
shall be guided by MPWMD Rule 173.
13. A back-flow protection device to prevent
contamination of the Cal-Am system shall be installed if deemed necessary by
Cal-Am. Written documentation of
compliance with Cal-Am’s requirement to install a devise shall be provided, if
applicable.
14. Because the Bardis WDS water quality does
not meet secondary (aesthetic) drinking water standards, the District will
oppose any future application to replace water service for structures served by
the Bardis WDS with Cal-Am service, if inadequate water quality is the
rationale, until full compliance with SWRCB Order 95-10 is achieved.
15. Nothing
in this permit shall be construed to grant or confirm any water right.
16. Upon
District approval of this permit, the Permittee shall pay to the District the
invoiced cost for MPWMD staff, attorney and consultant time spent to process the
permit subsequent to the April 26, 2004 application date. The Permittee is not charged for the first 35
hours of staff time. The Permittee will
be provided documentation to support the invoiced amount. This permit is not
valid until payment for the invoiced amount is received by MPWMD. Payment must be received within 60 days of
the date of approval (i.e., by January 24, 2005).
17. Upon finalization of these conditions, the
Permittee shall sign a form titled, “Acceptance of Permit Conditions for Creation
of Bardis WDS.” By signing the form, the
Permittee acknowledges that he/she understands and accepts these conditions as
a binding part of the permit approval, and agrees to carry them out faithfully.
This permit is not valid until the signed acceptance form has been received by
MPWMD. The signed form must be received
within 60 days of the date of approval (i.e., by January 24, 2005).
18. Permittee shall disclose to any future
owner, successors and assigns of the property described in Condition No. 1 the
requirements for the Bardis WDS associated with this permit. Permittee shall advise MPWMD in a timely
manner of any changes in system ownership, system name or other substantive
changes to the system to facilitate accurate record-keeping.
19. Construction tasks for facilities
authorized by this permit shall be initiated within one year from the date this
permit is issued. This permit shall
expire if no action is taken within that year.
Permitted construction tasks shall be completed and water distribution
system operation shall commence within two years from the date this permit is
issued. Permittee may apply in writing
to the MPWMD General Manager for a 180-day extension to the project initiation
deadline and/or the system operation deadline, to be approved at the discretion
of the General Manager.
20. The permit granted herein is subject to
revocation in the event Permittee does not fully comply with the provisions set
forth in each condition above.
U:\staff\word\boardpacket\2005\20050127\PubHrgs\14\item14_exh14d.doc
FINAL
as adopted by Hearing Officer on November 24, 2004