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Ryan Appeal Summary

Mr. Ryan's appeal for extending a water use credit for a fountain/pond in Pebble Beach was denied as the fixture removal was not documented, and current rules do not allow credit for outdoor water fixtures. The District's rules regarding permits and credits for outdoor water fixtures were changed, with public notification through newspaper ads and public hearings. Water permit applications are subject to rules in effect at the time of application, which may change by the Board of Directors' action.

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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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