EXHIBIT 5-A

RESOLUTION NO. 2008‑02

A RESOLUTION OF THE BOARD OF DIRECTORS OF

THE MONTEREY PENINSULA WATER MANAGEMENT DISTRICT

Amending Table 1: Residential fixture unit count values

WHEREAS District Rule 24-A.1.b Residential Calculation of Water Use Capacity allows changes to Table 1: Residential Fixture Unit Count Values, by Board Resolution, and;

WHEREAS HET’s have been proven to perform equally or better than ultra-low flush toilets (one-gallon-per-flush and dual flush), and;

WHEREAS HET’s are designed to flush at 20 percent below a 1.6 gallon-per-flush model toilet, and;

WHEREAS the District’s Rules and Regulations Committee has recommended that High Efficiency Toilets have a fixture unit value of 1.3 FU, and;

WHEREAS The District’s Expanded Rebate Program lists the High Efficiency Toilets as a qualifying device.

NOW, THEREFORE, the Board of Directors of the Monterey Peninsula Water Management District resolves that

(1) District Rule 24-A, Table 1: Residential Fixture Unit Count Values shall be modified as shown in Attachment 1.

(2) High Efficiency Toilets shall have a fixture unit value of 1.3 FU.

On motion of Director , and second by Director , the foregoing resolution is duly adopted this _____ day of _______, 2008, by the following vote:

AYES:

NAYS:

ABSENT:

I, Arlene Tavani, Deputy Secretary to the Board of Directors of the Monterey Peninsula Water Management District, hereby certify that the foregoing is a resolution duly adopted on the ______day of ______ 2008.

Witness my hand and seal of the Board of Directors this ____ day of ______ 2008.

_____________________________________

Arlene Tavani,

Deputy Secretary to the Board

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