Documented Record Conflicts

Principal record conflicts

1. Permit conflict. DEH previously stated that a permit to construct a well on the Reed parcel was not available, while later DEH records treated the well/system as regulated since 1990.
2. 1990 claim conflict. Jeff Johnson’s 2013 statement that the well/system was part of the regulated program since 1990 requires contemporaneous records tying that claim to APN 571-040-002.
3. Parcel conflict. Permit #16245 identifies 44135 Perryman Lane / APN 571-030-037 / RS 53/47 Parcel 3, while the subject well is on 44100 Ginger Circle / APN 571-040-002 / RS 53/40 Parcel 2.
4. Location conflict. Inspection records listing 44135 Perryman Lane as the location should be reconciled with the physical well location and parcel identifiers.
5. 1992 development conflict. February 1992 tank-location planning, June 1992 installation/connection records, and September 1992 easement/access records create a chronology question for a claimed completed 1990 system.
6. Ownership/control conflict. Easements and deeds should be reviewed to determine whether WVHWA is expressly named as owner, beneficiary, or operating authority over the source and related system components.
7. Water supply conflict. Source capacity figures should be compared against the number of claimed service connections and the applicable supply requirement.
8. Entity-status conflict. WVHWA organization records should be compared against the State Small Water System rules governing association status.

Document test

The relevant test is whether the County can produce contemporaneous records—not later explanations—showing permit authority, source identity, source capacity, distribution system, ownership/control authority, access rights, and operating responsibility for the Reed parcel source as of the claimed 1990 system date.