Thum

Background A. Factual and Procedural Background According to their combined amended verified petition for writ of mandate and complaint for declaratory relief, the Thums “primarily reside outside of California” and they “purchased a vacation home in Pebble Beach in 2009.” It indicates that the Thums obtained a water permit from the District allowing them to convert a closet to a bathroom and, as part of the water permit process, the Thums were required to consent to a deed restriction and pay a water connection fee. A notice and deed restriction regarding limitation on use of water on a property (“Deed Restriction”), signed by the Thums and a District representative, was recorded on January 21, 2010. The Deed Restriction states the Thums and the District “agree that the maximum permitted water use at the Subject Property is limited to supply the Potable

2 All further references to rules are to the District’s rules.

2 water requirements for single family dwelling consisting of” enumerated water fixtures, including “1 Standard Bathtub (may have Showerhead above)” and “2 Showers, Separate Stall (One Showerhead).” It expressly provides: “No water use fixtures other than those listed…