Thanks for all the answers. The factory realized that they screwed up when designing this system. So the work around is to relocate the intake hose up higher and away from the wheel. My guess is that the dealer is the one that did the fix and it should not be illegal because the factory is the one instructing it to be moved.
hellokit the air inlet hose was moved up by the firewall just below the cowl. Do you think that I need to move over by the battery? Where it is place now I cannot imagine that water is getting in there and they put what looks like a factory made breathing apparatus on the end complete with a foam filter on the end of it.
The car is driven regularly (several times a week)and always at least five miles if not more. One clue that may help is the water, and at this time of year ice, reeks of exhaust.
I will try to locate those valves on the exhaust manifold and see if that will do anything. There is what I would call a diverting valve just off the top of the air pump that both sides of the exhaust come into so I may only have one.
Thanks again to all who replied I will let you know more when I get the valve which will probably take a couple of days.