EXHIBIT 11-D

 

DRAFT 

MONTEREY PENINSULA WATER MANAGEMENT DISTRICT

 

CONDITIONS OF APPROVAL FOR APPLICATION TO AMEND CAL-AM WATER DISTRIBUTION SYSTEM TO ANNEX SHOWE PARCEL, APN 197-081-025

 

Application #20050209SHO

 

MPWMD Permit #M05-03

Permittee: California American Water (Cal-Am), system owner, and Jon Showe, water annexation recipient

 

Adopted by MPWMD Board on May __ , 2005 Pursuant to Rule 22-D

 

Permitted System

 

1.         The California American Water (Cal-Am) Water Distribution System (WDS) is authorized by the Monterey Peninsula Water Management District (MPWMD) under Permit #M05-03 to amend it service area boundary to include the 10-acre parcel identified as Assessor’s Parcel Number (APN) 197-081-025, at 32835 Carmel Valley Road, Carmel Valley, as shown in the figure provided as Attachment 1. This is also referred to as the “Showe parcel” herein.

 

2.         The Cal-Am WDS is authorized under Permit #M05-03 to continue to provide potable water for residential uses (including associated landscape irrigation) on the Showe parcel. This permit is only for existing residential uses on the Showe parcel as of May 16, 2005.  Intensified or expanded use as defined by MPWMD Rules and Regulations requires a permit as described in Condition No. 10 below.

 

3.         The system capacity (water production) limit for the Cal-Am WDS shall not change as a result of this annexation.  The Cal-Am production limit under the MPWMD water allocation Program is 17,641 acre-feet per year (AFY).  The MPWMD production limit is superseded by Carmel River diversion limits imposed by State Water Resources Control Board (SWRCB) Order WR 95-10.  No municipal unit (jurisdiction) allocation is associated with this permit as it represents an ongoing use since approximately 1947.

 

4.         The source of water for the Cal-Am WDS to serve the subject parcel is primarily two wells in the Carmel Valley Alluvial Aquifer Subunit 1.  This permit does not restrict Cal-Am in the means it chooses to deliver water to the parcel.

 

Other Conditions of Approval

 

5.         Permittee shall execute a standard Indemnification Agreement (Attachment 2) 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 Cal-Am WDS, and against all third party claims and lawsuits, including MPWMD defense costs and staff time for defense.  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 July ___, 2005) for this 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 Cal-Am WDS shall report production by the Water Meter Method (MPWMD Rule 56) for all wells in the Cal-Am system. 

 

8.         Permittee shall comply with all District water conservation ordinances that pertain to residential and landscape use as well as non-potable use.  All fixtures within the residence located on parcel APN 197-081-025 shall be retrofitted to meet current low-flow standards, consistent with requirements for change of ownership.  Drought-resistant landscapes shall be encouraged along with the use of the non-potable well for landscape irrigation.  Drip irrigation shall be installed for Cal-Am water use consistent with best management practices and reasonable use of the property as determined by District staff.  The District Permit and Conservation Office will inspect the property and confirm in writing that proper fixture and landscaping have been installed (or an acceptable landscaping plan has been approved) within 90 days of permit approval (by August ___ , 2005) for this permit to remain valid.

 

9.         The Showe parcel shall adhere to all District regulations affecting Cal-Am customers.  The Permittee shall provide a copy of the California Public Utilities Commission (CPUC) approval of Cal-Am annexation of the Showe parcel (Advise Letter) within 30 days of the date of issuance by the CPUC for this MPWMD permit to remain valid.

 

10.       Any intensification or expansion of the Cal-Am WDS, specifically new or remodeled structures on the Showe parcel, shall require an application and permit pursuant to MPWMD Rules 23 and 24.

 

11.       Any new facilities, expansion of or modification to Cal-Am 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 Cal-Am WDS pursuant to Rules 20-22.

 

12.       Cal-Am is responsible for the Showe parcel in a fire emergency. No permanent intertie between the Cal-Am WDS and any other system shall be allowed. The Cal-Am 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.       Permittee (Showe) shall install a backflow protection device to prevent contamination of the Cal-Am system by the non-potable well that exists on the parcel.  Written documentation of compliance with Cal-Am’s requirement to install a devise shall be provided to MPWMD within 60 days of the date of approval (i.e., by July ___, 2005) for this permit to remain valid.

 

14.       Nothing in this permit shall be construed to grant or confirm any water right.

 

15.       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 February 9, 2005  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., July ___, 2005) for this permit to remain valid.

 

16.       Upon finalization of these conditions, the Permittee shall sign a form titled, “Acceptance of Permit Conditions to Amend Cal-Am WDS to Annex Showe Parcel.”  By signing the form, the Permittee acknowledges that he 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 July __, 2005) for this permit to remain valid.

 

17.       Permittee shall disclose to any future owner, successors and assigns of the property described in Condition No. 1 the requirements for the Cal-Am WDS and Showe parcel 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.

 

18.       The permit granted herein is subject to revocation in the event Permittee does not fully comply with the provisions set forth in each and every condition above.

 

 

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