Rules & Regulations

Regulation I — General Provisions

RULE 10TITLE
RULE 11DEFINITIONS
RULE 12EFFECTIVE DATE
RULE 13RESPONSIBILITY OF APPLICANT
RULE 14SEVERABILITY
RULE 15CAPTIONS
RULE 16IMMUNITY
RULE 17ENVIRONMENTAL GUIDELINES
RULE 18POLICY FAVORING INTRA-DISTRICT FUND TRANSFERS
RULE 19AUTHORIZATION REQUIRED FOR FUND TRANSFERS
RULE 19.5FEE SCHEDULE REDUCTION BY USE OF EXCESS REVENUES
RULE 19.8POLICY OF PURSUING PUBLIC OWNERSHIP OF MONTEREY PENINSULA WATER SYSTEM
RULE 19.9INFORMAL BIDDING PROCEDURES UNDER THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT

Regulation II — Permits

RULE 20PERMITS REQUIRED
A. PERMIT TO CREATE/ESTABLISH A WATER DISTRIBUTION SYSTEM
B. PERMITS TO CONNECT TO OR MODIFY A CONNECTION TO A WATER DISTRIBUTION SYSTEM
C. EXEMPTIONS FOR WATER DISTRIBUTION SYSTEM PERMIT
D. PERMIT TO UNDERTAKE WORK ON PROJECTS WITHIN THE RIPARIAN CORRIDOR
E. ZONES OF CONTROLLED DRINKING WATER
RULE 20.4PERMIT RULE NONCOMPLIANCE
A. NOTIFICATION
B. RECORD NOTICE OF NON-COMPLIANCE
C. AUTHORIZATION TO FILE LAWSUIT & IMPOSE LIENS
D. ADDITIONAL AUTHORITY
RULE 20.5SUSPENSION OF APPLICATIONS FOR RULE NONCOMPLIANCE
RULE 21APPLICATIONS
A. APPLICATION PACKAGE FOR PERMIT TO CREATE/ESTABLISH A WATER DISTRIBUTION SYSTEM AND APPLICATION PACKAGE FOR A CONFIRMATION OF EXEMPTION
B. APPLICATION FOR PERMIT TO CONNECT TO OR MODIFY A CONNECTION TO A WATER DISTRIBUTION SYSTEM
C. APPLICATION FOR AMENDMENT TO A WATER DISTRIBUTION SYSTEM PERMIT
D. NAME CHANGES
E. APPLICATION FOR WATER USE PERMIT FOR “BENEFITED PROPERTIES” AS THAT TERM IS DEFINED IN RULE 23.5
RULE 22ACTION ON APPLICATION FOR PERMIT TO CREATE/ESTABLISH OR AMEND A WATER DISTRIBUTION SYSTEM, OR REQUEST A CONFIRMATION OF EXEMPTION
A. PROCESS
B. FINDINGS
C. MINIMUM STANDARDS FOR GRANTING PERMIT
D. MANDATORY CONDITIONS OF APPROVAL
E. AMENDMENTS TO PERMIT
F. CANCELLATION OF APPLICATIONS
G. CANCELLATION OF UNISSUED PERMITS
TABLE 22-A – WATER DISTRIBUTION SYSTEM PERMIT MATRIX
RULE 23ACTION ON APPLICATION FOR A WATER PERMIT TO CONNECT TO OR MODIFY A CONNECTION TO AN EXISTING WATER DISTRIBUTION SYSTEM
A. PROCESS
B. MANDATORY CONDITIONS, ACTION ON APPLICATION FOR A WATER PERMIT TO CONNECT TO OR MODIFY AN EXISTING WATER DISTRIBUTION SYSTEM
C. ADJUSTMENT OF ALLOCATION OR WATER USE PERMIT FOR UNUSED WATER CAPACITY
RULE 23.1ACTION ON APPLICATION FOR A WATER USE PERMIT ON A BENEFITED PROPERTY
A. PROCESS
B. AMENDMENT OF WATER USE PERMIT
C. WATER USE PERMIT LIMITATIONS
RULE 23.5PEBBLE BEACH COMPANY, J. LOHR PROPERTIES, INC., AND THE HESTER HYDE GRIFFIN TRUST ENTITLEMENTS
A. ISSUANCE OF WATER USE PERMITS
B. WATER USE PERMIT PROVISIONS
C. AMENDMENT OF WATER USE PERMITS
D. REVOCATION, TERMINATION, OR MODIFICATION OF WATER USE PERMITS
E. CAL-AM SYSTEM EXPANSION/EXTENSION PURSUANT TO WATER USE PERMITS
F. PROCEDURE IN CASE OF INTERRUPTION OF RECYCLED WATER DELIVERIES
G. DEFINITIONS
RULE 23.6SAND CITY WATER ENTITLEMENT
RULE 23.7MALPASO WATER ENTITLEMENT
A. MALPASO WATER COMPANY WATER ENTITLEMENT
B. REVOCATION, TERMINATION, OR MODIFICATION OF WATER USE PERMITS
RULE 23.8D.B.O. DEVELOPMENT NO. 30 WATER ENTITLEMENT
A. D.B.O. DEVELOPMENT NO. 30 WATER ENTITLEMENT
B. REVOCATION, TERMINATION, OR MODIFICATION OF WATER USE PERMITS
RULE 23.9CITY OF PACIFIC GROVE WATER ENTITLEMENT
A. CITY OF PACIFIC GROVE WATER ENTITLEMENT
B. REVOCATION, TERMINATION, OR MODIFICATION OF WATER USE PERMITS
RULE 23.10CITY OF SEASIDE WATER ENTITLEMENT
A. CITY OF SEASIDE WATER ENTITLEMENT
B. REPORTING REQUIRED
C. REVOCATION, TERMINATION, OR MODIFICATION OF WATER USE PERMITS
D. SUNSET OF SEASIDE ENTITLEMENT
RULE 24CALCULATION OF WATER USE CAPACITY AND CAPACITY FEES
A. RESIDENTIAL CALCULATION OF WATER USE CAPACITY
TABLE 1 – RESIDENTIAL FIXTURE UNIT COUNT VALUES
B. NON-RESIDENTIAL CALCULATION OF WATER USE CAPACITY
TABLE 2 – NON-RESIDENTIAL WATER USE FACTORS
C. WATER SUPPLY COST COMPONENT
TABLE 3 – CAPACITY FEE HISTORY
D. CALCULATION OF CAPACITY FEES
E. ADJUSTMENT OF CALCULATIONS WHERE SPECIAL CIRCUMSTANCES EXIST
F. CAPACITY FEE REFUNDS
G. CAPACITY FEE FUND ACCOUNTING
H. PERMIT FEE PAYMENT PLANS
RULE 24.5CAPACITY FEE EXEMPTIONS FOR AFFORDABLE HOUSING
A. PARTIAL FEE EXEMPTION FOR MODERATE INCOME HOUSING
B. FEE EXEMPTION FOR LOW-INCOME HOUSING
C. CONDITIONS FOR APPROVALF OR AFFORDABLE HOUSING CONNECTION CHARGE EXEMPTIONS
RULE 25CANCELLATION, EXPIRATION, SUSPENSION, ABANDONMENT AND REVOCATION OF PERMITS
RULE 25.5WATER USE CREDITS AND WATER CREDITS
TABLE 4: HIGH EFFICIENCY APPLIANCE CREDITS
RULE 26RESUBMISSION OF DENIED APPLICATION
RULE 28PERMIT AND WATER USE CREDIT TRANSFERS
A. PERMIT TRANSFERS
B. PROPERTY- TO-PROPERTY AND PROPERTY- TO-JURISDICTION TRANSFERS OF WATER USE CREDITS FOR COMMERCIAL AND INDUSTRIAL USES
C. PUBLIC OPEN SPACE TRANSFERS (FORMERLY RULE 24-B-2)
RULE 29SUSPENSION OF PERMIT

Regulation III — Jurisdictional Allocations

RULE 30DETERMINATION OF WATER ALLOCATIONS
RULE 31REPORT ON STATUS OF WATER ALLOCATIONS
RULE 32WATER RESOURCE SYSTEM PRODUCTION AND SALES LIMITS
A. RESOURCE LIMITS
B. ACCOUNTING
RULE 33JURISDICTIONAL AND RESERVE WATER ALLOCATIONS
A. JURISDICTIONAL ALLOCATIONS
B. DISTRICT RESERVE ALLOCATION
C. WATER WEST ADJUSTMENT RESERVE
D. LIMIT ON FUTURE WATER ALLOCATIONS

Regulation IV — Monitoring

RULE 40DETERMINATION OF SYSTEM CAPACITY AND EXPANSION CAPACITY LIMITS
A. DETERMINATION OF SYSTEM CAPACITY (PRODUCTION) AND EXPANSION CAPACITY (CONNECTION) LIMITS (“SYSTEM LIMITS”)
B. MODIFICATION OF SYSTEM CAPACITY (PRODUCTION) AND EXPANSION CAPACITY (CONNECTION) LIMITS (“SYSTEM LIMITS”)
C. ANNUAL WATER DELIVERY SYSTEM REPORT
D. SYSTEMS EXCEEDING PRO RATA EXPANSION CAPACITY
E. HEARINGS FOR SYSTEMS THAT EXCEED THE PRO RATA EXPANSION CAPACITY
F. NOTIFICATION
RULE 42MANDATORY RELEASE OF CUSTOMER INFORMATION FROM WATER DISTRIBUTION SYSTEMS
A. DEFINITIONS
B. WATER USE SURVEY DATA
C. WATER WASTE DATA
D. HIGH WATER USE DATA
E. WATER AUDIT DATA
F. DATA SYSTEMS MANAGEMENT
G. DATA RETENTION SCHEDULES
H. DATA DESTRUCTION NOTIFICATION
I. GENERAL WATER USE DATA
J. PRIVACY OF DATA
K. IMPLEMENTATION DATES

Regulation V — Well Monitoring

RULE 50GENERAL PROVISIONS OF THE WELL MONITORING PROGRAM
RULE 51REGISTRATION PROCESS
A. AUTHORITY TO PROCESS REGISTRATIONS
B. PROCESS
C. DELEGATION OF REGISTRATION APPROVAL
RULE 52REGISTRATION REQUIRED
A. EXISTING WELL REGISTRATION
B. NEW WELL REGISTRATION
C. FEES FOR DELINQUENT WELL REGISTRATION
D. USE OF UNREGISTERED WELLS IS PROHIBITED
RULE 53ABANDONMENT OF WELLS
RULE 54REPORTING
A. REPORTING REQUIRED
B. REPORTING STATUS
C. WELLS NOT REQUIRED TO HAVE WATER METERS
D. WELLS REQUIRED TO HAVE WATER METERS
RULE 55LAND USE METHOD
A. REPORTING REQUIRED
B. REPORTING METHOD
RULE 56WATER METER METHOD
A. REPORTING REQUIRED
B. REPORTING METHOD
C. WATER METER INSTALLATION
D. CONFIGURATION OF WATER METER INSTALLATION
E. TIMING OF WATER METER INSTALLATION
F. MAINTENANCE OF ACCURACY
G. VERIFICATION OF WELL METER INSTALLATION AND ACCURACY
H. PROHIBITION AGAINST PRODUCTION FROM A WELL WITHOUT THE INSTALLATION OF ANY REQUIRED WATER METER
I. LIMITATION ON USE OF DATA FROM METERED WELLS
RULE 56.5WELL METER INSTALLATION UPON CHANGE OF OWNERSHIP
A. PROOF OF RETROFIT UPON CHANGE OF OWNERSHIP
B. CERTIFICATION OF COMPLIANCE REQUIRED BEFORE CLOSE OF ESCROW
C. LIMITATION OF LIABILITY FOR TITLE INSURANCE COMPANIES
D. RECORDATION OF NOTICE BY DISTRICT
RULE 57CRITERIA AFFECTING WATER METER INSTALLATION REQUIREMENTS
A. CRITERIA TO REQUIRE WELL METER INSTALLATION BASED UPON QUANTITY OF WATER USE
B. VARIANCE FROM WELL METER REQUIREMENTS
RULE 58ACCESS TO WELLS
RULE 59WELL CONSTRUCTION STANDARDS

Regulation VI — Fees

RULE 60FEES AND CHARGES
A. PURPOSE
B. FEE AND CHARGES CATEGORIES
C. TABLE OF FEES AND CHARGES
D. CAPACITY FEES
E. IMPLEMENTATION GUIDELINES
F. ADMINISTRATION OF FEES AND CHARGES
G. NOTIFICTION OF UNPAID FEES AND CHARGES
H. COLLECTION OF UNPAID FEES AND CHARGES
I. ENFORCEMENT
J. FEES RELATING TO CHALLENGES TO PERMITS
K. FEES RELATING TO PERMIT MODIFICATION OR ENFORCEMENT
L. UNPAID FEES AND CHARGES
M. REFUNDS OF FEES AND CHARGES
RULE 64WATER DISTRIBUTION SYSTEM USER FEES
RULE 65CONNECTION SURCHARGE

Regulation VII — Appeals

RULE 70APPEALS
RULE 71BOARD MEMBER POLICY REVIEW AND/OR APPEAL

Regulation VIII — Penalties

RULE 80REGISTRATION
RULE 81METERING
RULE 82REPORTING

Regulation IX — Variances

RULE 90VARIANCE

Regulation X — Water Resource Operations Plan

RULE 100WATER RESOURCE OPERATIONS PLAN
RULE 101FORECAST OF WATER SUPPLY
A. GENERAL MANAGER’S WATER SUPPLY FORECAST REPORT
B. WATER SUPPLY MANAGEMENT STRATEGIES
C. DRAFT OPERATIONAL WATER SUPPLY BUDGETS PREPARED BYWATER DISTRIBUTION SYSTEMS
D. APPROVAL OF OPERATIONAL WATER SUPPLY BUDGETS
E. DAILY PRODUCTION REPORTS PREPARED BYWATER DISTRIBUTION SYSTEMS
F. EMERGENCY REVISION OF OPERATIONAL WATER SUPPLY BUDGETS
RULE 102ADHERENCE TO WATER SUPPLY BUDGETS
RULE 103REVIEW OF PRODUCTION REPORTS

Regulation XI — Enforcement

RULE 110GENERAL ENFORCEMENT
RULE 110.5ADMINISTRATIVE REMEDIES
RULE 111ADMINISTRATIVE CITATION
RULE 111.5ADMINISTRATIVE COMPLIANCE AND CEASE & DESIST ORDER
RULE 111.6ALTERNATE ENFORCEMENT
RULE 111.7NOTICES
RULE 112HEARING OFFICER; COMPENSATION
RULE 112.5HEARING OFFICER ROTATION
RULE 113LIENS
RULE 113.1ADMINISTRATIVE FINES
RULE 113.2ADVANCE DEPOSIT HARDSHIP WAIVER
RULE 114.1HEARING REQUEST
RULE 114.2ADMINISTRATIVE COMPLIANCE HEARING
RULE 114.3NOTICE OF HEARING
RULE 114.4COMPLIANCE HEARING; FINDINGS
RULE 114.5ADMINISTRATIVE & ABATEMENT ORDERS
RULE 115.1ADMINISTRATIVE PENALTIES
RULE 115.2ADMINISTRATIVE COSTS
RULE 115.3INTEREST
RULE 116FAILURE TO COMPLY WITH AN ADMINISTRATIVE ORDER OR CEASE & DESIST ORDER
RULE 116.5RECOVERY OF ADMINISTRATIVE PENALTIES AND COSTS
RULE 117REPORT OF COMPLIANCE WITH ADMINISTRATIVE ORDER
RULE 117.5COMPLIANCE DISPUTE
RULE 118JUDICIAL REVIEW
RULE 119.1LATE PAYMENT CHARGES
RULE 119.2RECOVERY OF ADMINISTRATIVE FINES AND COSTS
RULE 119.3LIEN PROCEDURE
RULE 119.4LIEN HEARING AND PROTESTS
RULE 119.5RECORDING OF LIEN
RULE 119.6SATISFACTION OF LIEN

Regulation XII — Carmel River Management

RULE 123RIVER MANAGEMENT ACTIVITIES
A. EROSION PROTECTION AND PREVENTION
B. MAINTENANCE OF VEGETATION
C. INSPECTION
D. EDUCATION
E. RESEARCH
F. EASEMENTS AND AGREEMENTS
G. EMERGENCY
H. OTHER RELATED ACTIVITIES
RULE 124RIVER MANAGEMENT AND REGULATIONS
RULE 125RIVER ACCESS PERMITS
RULE 126RIVER WORK PERMITS
A. REGULAR PROCEDURE
B. PERMIT EXEMPTIONS
C. EMERGENCY PROCEDURE
D. PROCEDURE WHERE A LIFE OR PROPERTY IS THREATENED
RULE 127PERMIT PROCESS
A. RIVER WORK PERMITS
B. EMERGENCY RIVER WORK PERMITS
C. PERMIT APPEALS
RULE 128LIMITATIONS
RULE 129EFFECTIVE DATES

Regulation XIII — Non-Potable Water

RULE 131NON-POTABLE WATER ALTERNATIVES
RULE 132NON-POTABLE WATER CONVERSIONS
RULE 133SUPPLEMENTAL AUTHORITY

Regulation XIV — Water Conservation

RULE 141WATER CONSERVATION REBATES
A. QUALIFYING DEVICES
TABLE XIV-1 – REBATE AMOUNTS
B. REBATE AMOUNTS
C. REBATE ELIGIBILITY
D. CONDITIONS OF APPROVAL
E. APPLICATION
F. PROCESS
RULE 142WATER EFFICIENCY STANDARDS
RULE 142.1WATER EFFICIENT LANDSCAPE REQUIREMENTS
RULE 143WATER EFFICIENCY STANDARDS FOR EXISTING NON-RESIDENTIAL USES
RULE 144RETROFIT UPON CHANGE OF OWNERSHIP, USE OR CHANGE OF USE
A. MANDATORY RETROFIT UPON CHANGE OF OWNERSHIP OR USE
B. MANDATORY RETROFIT UPON EXPANSION OF USE
C. RETROFIT EXEMPTIONS
D. PROOF OF RETROFIT UPON CHANGE OF OWNERSHIP OR CHANGE OF USE
RULE 146DISCRETIONARY EXEMPTIONS
A. HARDSHIP
B. EMERGENCY
C. IN LIEU COMPLIANCE
D. RETROFIT EXEMPTIONS

Regulation XV — The Monterey Peninsula Water Conservation and Rationing Plan

RULE 160REGULATORY PRODUCTION TARGETS AND PHYSICAL STORAGE TARGET
TABLE XV-1 – REGULATORY WATER PRODUCTION TARGETS FOR ALL CALIFORNIA AMERICAN WATER SYSTEMS FROM SOURCES WITHIN THE MONTEREY PENINSULA WATER RESOURCE SYSTEM
TABLE XV-2 – REGULATORY WATER PRODUCTION TARGETS FOR CALIFORNIA AMERICAN WATER SATELLITE SYSTEMS FROM SOURCES WITHIN THE MONTEREY PENINSULA WATER RESOURCE SYSTEM
TABLE XV-3 – REGULATORY WATER PRODUCTION TARGETS FOR CALIFORNIA AMERICAN WATER SYSTEMS FROM CARMEL RIVER SOURCES WITHIN THE MONTEREY PENINSULA WATER RESOURCE SYSTEM
TABLE XV-4 – REGULATORY WATER PRODUCTION TARGETS FOR ALL CALIFORNIA AMERICAN WATER SYSTEMS FROM OTHER SOURCES WITHIN THE MONTEREY PENINSULA WATER RESOURCE SYSTEM
TABLE XV-5 – PHYSICAL SUPPLY TARGET FOR THE CALIFORNIA AMERICAN WATER MAIN SYSTEM FOR THE MAY-SEPTEMBER 2025 AND ALL WY 2026
RULE 161GENERAL PROVISIONS
RULE 162STAGE 1 WATER CONSERVATION: PROHIBITION ON WATER WASTE
TABLE XV-5 – WATER WASTE FINES
RULE 163STAGE 2 WATER CONSERVATION: VOLUNTARY REDUCTION IN USE
RULE 164STAGE 3 WATER CONSERVATION: CONSERVATION RATES
RULE 165STAGE 4: WATER RATIONING
RULE 166WATER RATIONING EXEMPTIONS AND VARIANCES
RULE 167DEFINITIONS USED IN REGULATION XV

Regulation XVI — Ex Parte Communication

RULE 180DISCLOSURE OF AGENTS
RULE 181DISCLOSURE OF EX PARTE COMMUNICATIONS
A. SCOPE
B. POLICY STATEMENT
C. PROCEDURE
RULE 182PARTICIPATION PROHIBITION
RULE 183CONSEQUENCES OF PARTICIPATION WITHOUT DISCLOSURE

Regulation XVII — Claims

RULE 191SHORT TITLE
RULE 192PURPOSE
RULE 193CLAIM FOR RECOVERY REQUIRED
RULE 194FORM OF CLAIM
RULE 195BASIS FOR REFUND TO BE STATED
RULE 196CLAIMS PROCESS
RULE 197CLASS OR REPRESENTATIVE CLAIMS
RULE 198AUTHORIZATION OF REFUND
RULE 199CLAIMS PROCESS
RULE 200TIME-BARRED CLAIMS
RULE 201EFFECTIVE DATE
RULE 202TIMELY COMMENCEMENT OF LAWSUIT & LIMITATIONS
RULE 203APPLICABILITY OF STATE LAW