1. Monterey Peninsula Water Management District 1 Item 11 Consider Appeal of Hearing Officer Determination on Bardis Water Distribution System (continued) MPWMD Board Meeting March 21, 2005 Staff Contact: Henrietta Stern U/hs/ppt/2005/Brd_BardisAppeal2_032105.ppt

2. Monterey Peninsula Water Management District 2 Bardis WDS Setting Corner of Schulte and Carmel Valley Roads (APN 169-181-051). Parcel is remainder parcel identified by Superior Court Case M43343, including Order and Stipulation. (Berube/Mills College Subdivision.) Court Order/Stipulation is directed at Monterey County; MPWMD is not bound.

3. Monterey Peninsula Water Management District 3

4. 4 Specific Request by Bardis Total production limit of 14.91 AFY would not change. Appealing amount of 0.444 AFY for residential use (including landscaping) and 14.466 AFY for agricultural irrigation set by Hearing Officer on 11/24/04. Request 0.50 AFY for indoor use only, or 0.7 AFY for indoor + landscape for planned home.

5. Monterey Peninsula Water Management District 5 Board Direction – 1/27/05 The Board expressed preference to approve the appeal (0.7 AFY for home and landscape), and continued the item to address CEQA questions. Staff directed to determine whether CEQA review is required to approve non-agric. water use beyond that described in 1994 Grice Report (referenced in Court Order).

6. Monterey Peninsula Water Management District 6 Legal/CEQA Review MPWMD is not bound by Court Order. MPWMD has discretion in setting water production limits. A CEQA exemption is appropriate, but a new Notice is needed that does not rely on Court Order. CEQA Categories 1 and 3 (Sections 15301 and 15303) may be cited. The proposed home is consistent with MPWMD Rules and Regulations.

7. Monterey Peninsula Water Management District 7 New Information Since January 27, 2005 Hearing Staff coordinated with Monterey County Planning Department re: proposed home plans and associated water use. MPWMD water use worksheet and detailed permit drawings submitted February 17, 2005 support 0.7 AFY request for home and landscape (67.8 fixture units estimated).

8. Monterey Peninsula Water Management District 8 Recommended Board Action Adopt revised Notice of Exemption. Adopt Findings of Approval of Appeal. Adopt revised Findings of Approval for Permit #S04-03. Re-issue Permit #S04-03 with revised Conditions of Approval, including new deadlines and Indemnity Agreement. Set 0.7 AFY for home/landscape; 14.21 AFY for agricultural irrigation; 14.91 AFY total.