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Mr. Chandler Martin August 24, 1995 Page 3 of this issue occurs by way of a note to be placed on the final map. Using the South San Joaquin Irrigation District ("SSJID") as an example, this district typically requests a note on the final map as follows: PRIVATE IRRIGATION EASEMENT: Upon conveyance of any parcel shown hereon, it shall be the responsibility of the individuals involved, and not the Irrigation District, to provide for private irrigation easements and/or facilities to the source of the water serving said parcel if said parcel requires irrigation water and is entitled to receive it under the rule of the Irrigation District in which it is located. A note on the Parcel Map such as that listed above, would clearly give notice to future owners of the need to preserve private irrigation easements. As you are aware, a note like the one mentioned above will typically satisfy either the Banta Carbona Irrigation District or the SSJID for tentative maps in San Joaquin County. In fact, on March 18, 1993, as part of MS-92- 230, the San Joaquin County Planning Commission determined that a note such as the one mentioned above was adequate to assure the OID that future owners of parcels would be on notice as to their responsibilities related to private facilities. Further, on May 11, 1993, the San Joaquin County Board of Supervisors denied the appeal of the Planning Commission decision by the OID, and allowed the requirement for the note on the final map to remain. In keeping with that which is standard within the County, the replacement of condition of approval 4(d) with the aforementioned note on the final map, complies with the requirements of the Subdivision Map Act, and protects the OID from future disputes regarding private facilities and easements. Lastly, condition of approval 4(a) is overbroad and asserts rights for the District which do not exist. The San Joaquin County Code section 9-910.20 requires that all easements of record be shown on a final map. If an Irrigation District has a recorded easement, this easement shall be shown on the final map. A Tentative Map condition cannot be used to assert a right to a prescriptive or unrecorded easement. Prescriptive and unrecorded easements are matters which an Irrigation District can pursue through other means. It is not the intent of the Subdivision Map Act to determine that prescriptive or unrecorded rights exist. Condition of approval 4(a), as it is now worded states that: "4(a). The owner shall grant new easements of sufficient width for all District facilities that may exist on the subject property to serve as a replacement for any existing prescriptive, recorded, or unrecorded easements that are present (the OID Miller Pipeline runs along the west side of proposed Parcel A, and the OID West