Transcript MPWMD SPECIAL BOARD MEETING--MAY 3, 2004-

Monterey Peninsula
Water
Management
District
Ryan Appeal Summary
• January 2004 – Applicant contacted District
about extending a Water Use Credit for a
fountain/pond on his property in Pebble
Beach.
– An advance credit letter had been sent to Mr. Ryan
in February 1999 that indicated that credit from the
fountain/pond could be reused on the same site for
five years from the date of removal.
– District has no documentation of fixture removal.
• District staff informed Mr. Ryan that credit
was no longer available for removal of
outdoor water fixtures.
Monterey Peninsula
Water
Management
District
District Rule 24-C (formerly
Resolution 2001-09) Eliminated
Credit for Outdoor Water Fixtures
• Resolution 2001-09 adopted July 16, 2001,
eliminated credit for outdoor water fixtures.
• Provisions of Resolution 2001-09 were added
to District’s Rules and Regulations on March
1, 2004 (Ord. No. 111).
Monterey Peninsula
Water
Management
District
Recommendation
•
Staff recommends the Board deny Mr. Ryan’s
appeal
–
–
–
Removal of outdoor water fixture has not been
documented or verified;
Current Rules do not allow credit for outdoor water
fixtures;
There is no credible evidence in the District’s files
to show that the fountain/pond was lawfully
installed with a District permit that debited a
jurisdiction’s allocation and that the applicant paid a
connection charge to the District (Rule 24-C (1) (d).
Monterey Peninsula
Water
Management
District
Recommendation
•
Water permit applications are subject to the
rules in effect at the time the complete
application is received.
District rules are subject to change by action of
the Board of Directors.
Changes regarding permits and credits for
outdoor water fixtures changed
•
•
–
–
Public was notified via newspaper ads and public
hearing.
Advance credit approval would not have received
special notice, as the credit had not been
established.