Open Questions

Open questions represent facts not located in any searchable-text pass of the five archive sets. They are not presented as answers or findings.

Central Unresolved Question

Open Question — Q-01
What is the documentary authority, if any, that formally combined or treats the W1/W2/W3 well facilities as a single regulated system? No such instrument has been located in the five archive sets.

Permit Transfer and Amendment

Open Question — Q-02
What legal authority, if any, permitted the amendment of Permit 16245 to substitute a different parcel (APN 571-040-001, then different versions showing 571-040-002 and 541-040-002) for the originally permitted location (APN 571-030-037, 44135 Perryman Lane)? No instrument authorizing this substitution has been located. [WP0029371 pp.1,5]
Open Question — Q-03
The amended Permit 16245 application shows APN 571-040-001 — not 571-040-002 (Reed's parcel). What is the identity of parcel 571-040-001, and how did the APN discrepancy arise between the amendment and the property it purports to cover?
Open Question — Q-04
Ordinance 682 voids a permit if work is not completed within 6 months. Permit 16245 was issued February 27, 1990; work was completed December 5, 1990 — approximately 9 months later. Was the void provision applied? Was any extension granted? No extension document has been located in the archive.

Well Identity

Open Question — Q-05
The Well Drillers Report under Permit 16245 (600 ft depth) describes a well located approximately 150 feet west of the 1985 Grant of Easement well location. Are these two distinct wells? No instrument in the archive formally identifies or distinguishes the two well locations on APN 571-040-002.
Open Question — Q-06
The Well Drillers Report under Permit 16245 does not specify 44100 Ginger Circle or APN 571-040-002 as the well location. What document, if any, establishes that the inspected water system well is the well described in that report?

DEH Complaint Handling

Open Question — Q-07
What action, if any, did DEH take on complaint CO0089023 following Olney's December 20, 2023 written acknowledgment that "permit on file shows the wrong APN"? No final disposition record has been located. [Olney email]
Open Question — Q-08
What is the full operational effect of the December 21, 2023 correspondence involving Casey on complaint CO0089023? The correspondence is confirmed present in the PRA record but its downstream effect has not been fully established. [Exchange 001 Items Ca-Cm]
Open Question — Q-09
Matt Riha confirmed in writing in December 2012 that no permit exists for APN 571-040-002. What, if any, action did DEH take on that finding between 2012 and the 2023 complaint? The DEH inspection reports continued to be issued against 44135 Perryman Lane through at least 2021.

WVHWA Legal Standing

Open Question — Q-10
The California Secretary of State has no record of WVHWA as any entity (confirmed July 2014). The County Clerk has no FBN filing for WVHWA from 1972 to 2016 (confirmed August 2016). Under what legal authority does WVHWA hold State ID #1790?
Open Question — Q-11
The 1990 Grant of Easement names individual grantees only — not WVHWA. BB&K claims the easement runs in favor of the Association. What recorded instrument, if any, establishes WVHWA's rights under an easement that does not name it?
Open Exhibit Index View Contradictions