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Ryan Appeal Summary

Ryan Appeal Summary. January 2004 – Applicant contacted District about extending a Water Use Credit for a fountain/pond on his property in Pebble Beach.

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Ryan Appeal Summary

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  1. 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.

  2. 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).

  3. 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).

  4. 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.

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