WATER DEMAND COMMITTEE
ITEM:	ACTION ITEMS
2.	Discuss and Provide Feedback on Policy Issues Related to Water Permits and Water Credits
Meeting Date:		August 2, 2005
From:		David A. Berger,
		General Manager
Prepared by:		Stephanie Pintar

SUMMARY: At the June 14, 2005 meeting, the Water Demand Committee assisted staff with several policy questions related to the drafting of an ordinance to provide policies and procedures clarification for the Water Demand Division. The proposed ordinance is the result of staff having identified a number of permitting practices and policies that require clarification before the completion of the Policies and Procedures Manual. Before the manual can be completed, staff is requesting a number of policies, procedures, and practices be incorporated into the rules and regulations to allow consistency in application. Staff also plans to get input from the TAC on draft text changes. The Water Demand Committee should review the proposed ordinance in at least two phases: The first phase involves edits and amendments to Rules 11, 21 and 23, and the second and possibly subsequent phase involves edits and amendments to Rules 24, 25, 28, 30, 60 and 90. Attached as Exhibit 2-A are proposed modifications to Rules 11, 21 and 23.

DISCUSSION: Each rule should be discussed separately. Key modifications are outlined below. Proposed modifications to the rules are shown in bold italics (new language) and in strikeout (proposed deletions) on the attached document (Exhibit 2-A). Copies of Rules 11, 21 and 23 are attached as Exhibit 2-B. District Counsel has been consulted on changes proposed.

Rule 11

Rule 11 contains definitions for terms used by the District. Amendments to Rule 11 include the addition of a number of words and the amendment of several current definitions. Definitions identified in the attached document are new definitions not presently listed in Rule 11. Amendments to existing definitions will be provided at a subsequent review.

Rule 21

Permit applications involve a number of types of permits beyond expansion/extension (i.e. intensification of use). Currently, permits are required for projects that propose to add water fixtures by removing or retrofitting other fixtures, for reusing on-site credits from permanent or temporarily abandoned uses, and for projects that propose to use well water or other water sources for all or part of their supply. The proposed changes bring Rule 21 into line with current District practices and add a consistent and familiar title to the standard water permit (i.e. from “expansion/extension permit” to “water permit”).

In addition to addressing concerns about different types of permits, the proposed modifications to Rule 21 amend the rule to current standards. This rule was last significantly modified in 1993, when the new allocation system was put into place. The new system added the requirement for authorization of water from an allocation (i.e. Water Release Form). Prior to this, the term “connection charge” was the only reference to the amount of water anticipated to be used by a project being permitted. Key modifications proposed for Rule 21 include:

1. Rule 21-C-1 has been split into subparagraphs to make it easier to understand. The subparagraphs are convenient for pointing out specific criteria to the public and leave less possibility for misinterpretation.

2. The deletion of the appeal and variance information is suggested because the information is out of place in this rule: Appeal and Variance processes are listed in Rules 70 and 90.

3. Rule 21-F, Name Changes, was deleted and moved to Rule 28.

Rule 23

Major edits to Rule 23 last occurred in 1993 when the current permit process was put into place. The implementation of the rule over twelve years has provided staff with knowledge of areas that need clarification. Finally, the language of the rule has been simplified and clarified to provide easier interpretation for staff and the public. Modifications to this rule include:

1. Updating the permit application requirements to current standards;

2. Adding the current language for the application (i.e. Water Release Form in place of Water Release Request);

3. Making the application criteria more explicit (i.e. including references to Changes of Use and on-site and Water Use Credits);

4. Adding the requirement for CEQA review by the jurisdiction prior to District action;

5. Adding a notification process for incomplete permit applications;

6. Specifying the procedure for outdoor water use calculations, including the requirement for landscape plans and water budgets for new connections on large lots;

7. Adding the practice of requiring landscape plans and a water budget for new non-residential uses.

8. Adding reference to fees and charges listed in Rule 60 (processing and recordation fees).

9. Recordation requirements for use of an on-site or Water Use Credit.

10. Explaining under what circumstances a Water Release Form is not required, including circumstances where a violation of water permit conditions results in a debit to an allocation;

11. Grandfathering documented pre-1985 uses;

12. Clarifying the process for the final adjustment to the permit following project completion (additional information on this process is contained in Rule 24);

13. Adding the requirement for subpotable exterior use at the Sleepy Hollow subdivision;

14. Clarifying and updating the Temporary Permit process, including clarifying the CEQA review requirement;

15. Deleting any reference to the District Reserve Allocation which was repealed upon adoption of Ordinance No. 73 in February 1995;

16. Defining the contents of a “complete” water permit application;

17. Listing the process for quantifying the amount of water permitted for use;

18. Adding reference to indemnification of the District for approval of an application.

RECOMMENDATION: The Water Demand Committee should discuss the proposed rule changes and provide feedback to staff.

EXHIBITS

2-A Proposed modifications to Rules 11, 21 and 23

2-B Rules 11, 21 and 23

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