ITEM:

CONSENT CALENDAR

 

 

5.

CONSIDER APPROVAL OF DEED RESTRICTION TEMPLATE NO. 1.8 – NOTICE AND DEED RESTRICTION REGARDING LIMITATION ON USE OF WATER ON A PROPERTY WITH SUB-METERING

 

Meeting Date:

June 15, 2015

Budgeted: 

N/A

 

From:

David J. Stoldt,

Program/

N/A

 

General Manager

Line Item No.:

 

 

 

Prepared By:

Stephanie Locke

Cost Estimate:

N/A

 

General Counsel Review:  Yes

Committee Recommendation:  On May 21, 2015 the Rules and Regulations Review Committee recommended approval of the template on a vote of 2 – 0.

CEQA Compliance:  N/A

 

SUMMARY:  On July 21, 2014, the Board of Directors adopted Ordinance No. 161, amending Rule 23-A-1-I regarding Water Measuring Device Requirements. The ordinance establishes conditions under which sub-metering is allowed as a condition of a Water Permit. Conditions of approval are to be recorded on the title of the property. To accomplish this action, Deed Restriction Template No. 1.8 – Notice and Deed Restriction Regarding Limitation on Use of Water on a Property with Sub-Metering (Exhibit 5-A) was prepared and reviewed by General Counsel.

 

The Rules and Regulations Committee reviewed the deed restriction template on May 21, 2015 and recommended approval by the Board.

 

RECOMMENDATION:  Approve Deed Restriction Template No. 1.8 – Deed Restriction regarding Limitation on Use of Water on a Property with Sub-Metering. 

 

BACKGROUND: Deed restrictions are authorized for enforcement of District Rules and Regulations by Rule 116. The documents are used to enforce Water Permit and Water Distribution System Permit conditions, restrictions or violations, and to notify current and future property owners thereof. They are also used to enforce the District’s Conservation and Rationing Regulations, Well Monitoring Program, River Work, and River Access Permits. Deed restrictions are routinely prepared and recorded by the Water Demand Division, the Planning & Engineering Division, and by the Water Resources Division. 

 

The District has the authority to enforce its Rules and Regulations, including its permitting and conservation requirements, using deed restrictions.  The current deed restriction process has been very successful.  Few people express concern about the specific language of the deed restrictions being recorded on the title of the property when a Water Permit is issued.  Deed restrictions noticing violations and restrictions are efficient and effective.

 

IMPACT ON STAFF/RESOURCES:  The proposed template will not result in additional workload

 

 

EXHIBIT

5-A

Deed Restriction Template No. 1.8 – Notice and Deed Restriction Regarding Limitation

On Use of Water On A Property With Sub-Metering

 

 

 

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