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RULES AND
REGULATIONS REVIEW COMMITTEE |
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ITEM: |
ACTION ITEM |
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2. |
REVIEW REVISED FORM 2.2,
TEMPLATE FOR NOTICE AND DEED RESTRICTION TO PROVIDE PUBLIC ACCESS TO WATER
USE DATA |
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Meeting
Date: |
June 11, 2012 |
Budgeted: |
N/A |
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From: |
David J.
Stoldt, |
Program/ |
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General
Manager |
Line Item No.: |
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Prepared
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Cost
Estimate: |
N/A |
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General Counsel Approval: Yes |
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Committee Recommendation: N/A |
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CEQA Compliance: N/A |
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SUMMARY: District staff has revised Form 2.2, the template for the Notice and Deed Restriction to Provide Public Access to Water Use Data for Residential properties that add a second Bathroom pursuant to Rule 24-A-3. As the result of an amendment to District Rule 23-B-1 (b) in January 2010, any Water Permit application that requires a deed restriction must also have a deed restriction allowing public access in perpetuity. The second bathroom provision states that records will be available for five years before and five years after the permit is issued. The previous five years still stands, but there is now no expiration on the time that water records are available after the permit is issued. The revision to Form 2.2 recognizes this amendment.
At its December 2001 meeting, the Board of Directors approved Deed Restriction Policy Guidelines under which new or amended deed restriction templates (i.e standard forms) must be reviewed by the Rules and Regulations Committee. Attached as Exhibit 2-A is a revised template (Form 2.2) to obtain owner authorization to retrieve, collect, compile and report water use data indefinitely.
RECOMMENDATION: The Rules and Regulations Committee should review and approve revised Form 2.2.
BACKGROUND: Ordinance No. 145, effective January 1, 2010, added a requirement for a deed restriction allowing access to water records indefinitely at a property that applies for a Water Permit and that requires at least one deed restriction. This deed restriction allows the District to access consumption data to validate its permit process and to verify conservation savings. The need for the revised Form 2.2 results from this rule change due to the previous requirement for a period of ten years (five prior to the permit issuance and five after). Because the rule change superseded the previous rule, the former deed restriction no longer applies and must be revised.
EXHIBITS
2-A Notice and Deed Restriction
U:\staff\Board_Committees\RulesRegs\2012\20120611\02\item2.docx