EXHIBIT 11-D

 

DRAFT 

MONTEREY PENINSULA WATER MANAGEMENT DISTRICT

 

CONDITIONS OF APPROVAL FOR APPLICATION TO AMEND CAL-AM WATER DISTRIBUTION SYSTEM (Rancho Del Monte Unit, formerly called “Water West”) TO ANNEX LA MONT PARCEL, APN 187-021-034

 

MPWMD Permit #M06-04-L4

Application #20060705PAG

 

Permittee: California American Water (Cal-Am), system owner, and Lavielle La Mont and Loni Ison, co-owners of parcel to be annexed

 

Adopted by MPWMD Board on October __, 2006 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 #M06-04-L4 to amend it service area boundary to include the entire 20-acres of the parcel identified as Assessor’s Parcel Number (APN) 187-021-034, on Country Club Heights Road, Carmel Valley, as shown in the figure provided as Attachment 1. This is also referred to as the “La Mont parcel” herein.  The subject parcel is served within an area designated as the Rancho Del Monte Unit (RDMU, formerly called “Water West”) of the Cal-Am system.

 

2.         The Cal-Am WDS is authorized under Permit #M06-04-L4 to provide potable water for residential use (including associated landscape irrigation) on the La Mont parcel consistent with the determinations of Monterey County Superior Court Case #M59299 (Currier vs. MPWMD).   Anticipated water use for the proposed residence will be deducted from the “Water West Adjustment Reserve” in compliance with MPWMD Rule 33-C.

 

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  The MPWMD production limit is superseded by Carmel River diversion limits imposed by State Water Resources Control Board (SWRCB) Order WR 95-10.  This permit does not set an expansion capacity (connection) limit on the Cal-Am system as a whole.  However, this permit does specify that the parcel APN 187-021-034 shown in Attachment 1 is authorized to receive water service for one connection.  No municipal unit (jurisdiction) allocation is associated with this permit.

 

4.         The source of water for the Cal-Am WDS to serve the subject parcel has been primarily wells in Carmel Valley Alluvial Aquifer Subunit 2.  This permit does not restrict Cal-Am in the means it chooses to deliver water to the subject parcel or any other part of the RDMU.

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 December __, 2006) 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 (as reflected in MPWMD Rules & Regulations) that pertain to residential and landscape use.  Low-flow fixtures shall be installed, drought-resistant landscapes shall be planted, and a deed restriction recorded (if such recordation has not already occurred) consistent with Condition #26 of Monterey County Resolution #2007 dated March 9, 2000 for Minor Subdivision No. 980343.  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 Water Demand Division may inspect the property to confirm that proper fixtures and landscaping have been installed pursuant to the MPWMD water connection permit that will be required as part of the Monterey County building permit process for the proposed home.

 

9.         The La Mont 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 La Mont 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 La Mont 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 MPWMD Rules 20-22.

 

12.       Cal-Am is responsible for the La Mont 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 shall install a backflow protection device to prevent contamination of the Cal-Am system if any non-Cal-Am well is contemplated on the parcel. 

 

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 July 5, 2006 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., December __, 2006) 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/RDMU WDS to Annex La Mont Parcel.”  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 December __, 2006) 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 La Mont 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.       Permittee shall execute a Deed Restriction prepared by MPWMD regarding the limitation on water use as set forth in these conditions.  Permittee shall pay all fees associated with preparation, review and recording of the Deed Restriction.

 

19.       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.

 

U:\staff\word\boardpacket\2006\2006boardpackets\20061016\PubHrngs\11\item11_exh11d.doc

DRAFT prepared 10/5/06 by H. Stern