(A) Annual allotment.
(1) The Board of Supervisors may establish, by resolution or ordinance, in its discretion, an annual agricultural water allotment for each parcel within CSA 31 based on the amount of water received from the San Benito County Water District. The County shall consult with the Board of Directors of the Stonegate Homeowners Association prior to determining any allocations or making any change in allocation.
(2) A water year shall be determined to run from March 1st through February 28th or February 29th as applicable, of the following year, unless the Board of Supervisors shall determine, by resolution or ordinance, different beginning and ending dates of a water year.
(3) An annual water allotment can be increased or decreased, upon mailed notice to owners within CSA 31, in the reasonable discretion of the County for reasons which may include, but are not limited to the following: if the water allocated by San Benito County Water District is increased or decreased during the water year through changes in allocation from the San Benito County Water District, or in the event of an emergency, including but not limited to a fire or line breakage which consumes a portion of the annual agricultural water supply, or in the event that one or more CSA 31 homeowners have used water in excess of the previous allocations, which is likely to cause, as may be determined in the Board of Supervisors’ reasonable discretion, CSA 31 to exceed its allotment without further reductions in allotments.
(4) If a yearly agricultural allotment is established by the San Benito County Board of Supervisors, when the yearly allotment for a parcel is reached, the agricultural water supply to the parcel will be turned off and locked until the beginning of the next water year. In the alternative, a water restricting device may be installed by the county.
(5) To the extent allowed by law, the cost of any water used beyond the yearly allotment will be determined by using the current over limit rate set by the San Benito County Water District, if established as part of the water fees set for CSA 31 in the discretion of the Board of Supervisors. This cost will be due and payable from the owner to CSA 31.
(6) The annual allotment shall not be a guarantee or right to any person to use the entire annual allotment value. The annual allotment merely establishes the maximum amount of water that a property may use before its agricultural water supply is terminated for the remainder of the water year.
(B) Monthly allotments.
(1) The Board of Supervisors may establish, by resolution or ordinance, in its discretion from time to time, a monthly agricultural water allotment and a month-by-month “cumulative agricultural water allocation” for each parcel within CSA 31. The county shall consult with the Board of Directors of the Stonegate Homeowners Association prior to determining any allotments or making any change in allotments.
(2) Each parcel owner, as on record at the Treasurer-Tax Collector’s office, and all others who have requested notice and provided a mailing address for notice as set forth in § 15.05.247, shall receive mailed notice of the monthly water allotment, and the “cumulative water agricultural allotment”, and upon each subsequent change in the allotments by the San Benito County Board of Supervisors.
(3) There may be “banking” of any portion of a parcel’s monthly allotments of agricultural water which is unused. In the case of a portion of the monthly allotment being unused at the end of the month, the unused portion of a monthly agricultural allotment for a parcel is then added to the next month’s allotment, for the amount of water available for that parcel to use.
(4) When the monthly allotments described in this section is mandatory, as established by resolution or ordinance of the Board of Supervisors, due to the failure of a well, pipeline, or water delivery system, or the amount of the annual allocation of water from the San Benito County Water District, no person shall use or allow to be used on a parcel agricultural water/non-potable supplied by CSA 31 in excess of the parcel’s cumulative monthly water agricultural allotment.
(Ord. 927, § 2 (part), 2014)