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2010/2011 Groundwater Charge Process Protest Procedure

The groundwater production charge-setting process also includes a specifically defined protest procedure.  Per Santa Clara Valley Water District Resolution No. 10-08, “…the District will provide the required notice to the record owner of the property, on which the water-producing facility is present, as well as the owner or operators of water producing facilities…”

Accordingly, parcel owners in Zone W-2 and W-5 of Santa Clara County who have a water producing facility on their land, and well owners or operators with active, inactive or standby wells used for water supply or extraction/environmental purposes in Santa Clara County are eligible to protest the proposed groundwater production charge. To protest:

  1. Forward, through mail or in person, a written protest sealed in an envelope to the Santa Clara Valley Water District, (ATTN: Clerk of the Board — Groundwater Production Charge Hearing, 5750 Almaden Expressway, San Jose, CA 95118) by the close of the public hearing, which is scheduled for April 27, 2010. No other forms of protest, including e-mail or fax will be accepted.
  2. Legibly write your name and sign the protest with an original signature. Photocopied signatures will not be accepted. Include the address(es) or Assessor’s Parcel Number(s) of your property(ies) on the outside of the envelope. The well number is also an acceptable form of identification.

Protests are only valid if received between February 26, 2010 and at the close of the public hearing on April 27, 2010. Protests postmarked prior to April 27, but received afterward will not be considered valid.

If according to the final tabulation of the protests from Record Owners, protests submitted against the groundwater production charge exceed 50% plus one of either the identified number of parcels, or 50% plus one of the identified number of owners and operators subject to the charge a “majority protest” exists and the District Board of Directors will not impose any increase to the charge.

You may change or withdraw your protest prior to the close of the public hearing.