22. CONSIDER DRAFT AMENDMENTS TO MEMORANDUM OF AGREEMENT REGARDING MANAGEMENT OF THE SEASIDE GROUNDWATER BASIN BETWEEN THE MPWMD, MONTEREY COUNTY WATER RESOURCES AGENCY, AND THE PAJARO VALLEY WATER MANAGEMENT AGENCY
Staff Contact: Henrietta Stern Cost Estimate: N/A
General Counsel Approval: Reviewed MOA and staff note
Committee Recommendation: N/A
CEQA Compliance: N/A
SUMMARY: The Board will consider the text of a draft Addendum No. 2 (Exhibit 22-A) to an original December 15, 1991 Memorandum of Agreement between the Monterey Peninsula Water Management District (MPWMD), Monterey County Water Resources Agency (MCWRA) and Pajaro Valley Water Management Agency (PVWMA). The intent of Addendum No. 2 is to update the agreement and better clarify the circumstances when the parties will exert regulatory authority and defer to other agencies’ ordinances in a setting where there are overlapping jurisdictional boundaries in the former Fort Ord. The proposed Addendum No. 2 includes two attachments: (a) a list of examples of a “substantive physical effect” to the Seaside groundwater basin; and (b) a map showing the overlapping boundaries of the MPWMD, MCWRA, the former Fort Ord and the Seaside groundwater basin. The original December 15, 1991 MOA together with the September 28, 1992 Addendum No. 1 are provided as Exhibit 22-B.
Addendum No. 2 was developed to respond to concerns about MPWMD Ordinance No. 105 expressed in November-December 2002 by agencies involved in the implementation of the Fort Ord Reuse Plan. As described in the November and December 2002 Board packets for Ordinance No. 105, the agencies were concerned that regulation of water distribution systems within the MPWMD boundaries that derive their source of supply from the Salinas groundwater basin violated the terms of the September 1992 Addendum No. 1. The District wants to ensure its ability to protect the Seaside groundwater basin, which underlies much of the Fort Ord area within the MPWMD boundaries.
On April 16, 2003, District staff met with staff from the Fort Ord Reuse Authority, Marina Coast Water District (MCWD), MCWRA, and City of Seaside. The group concurred that the current language in Addendum No. 1 needs to be refined to reflect the current water supply setting; and to clarify under what circumstances the respective agencies will assert jurisdictional authority, and under what circumstances they will defer to other agencies’ ordinances. Specifically, the group concurred that MPWMD should assert its authority to protect the Seaside Basin whenever a proposed action would result in a “substantive physical effect” defined in Attachment A of Addendum No. 2 (Exhibit 22-A). In turn, MCWRA has the regulatory authority when water supply is derived from sources outside the Seaside Basin and would not have a substantive physical effect.
RECOMMENDED ACTION: District staff recommends that the Board take the following actions:
Ø Approve and/or provide feedback on the text of draft Addendum No. 2, with the understanding that a refined version will be brought back to the Board for formal authorization to sign the agreement;
Ø Direct District staff to continue to meet with other agency staff to refine the text to ensure accuracy and mutual acceptability. It should be noted that other agency staff have had limited time to review the text of draft Addendum No. 2 (e-mail versions were provided week of June 9, 2003).
BACKGROUND: The original MOA between MPWMD, MCWRA and PVWMA was prepared on December 15, 1991 to address the fact that there were overlapping jurisdictional boundaries between MPWMD and MCWRA, and between MCWRA and PVWMA. The MPWMD Board authorized signing the MOA at the December 16, 1991 meeting. The MOA was not actually executed by the parties until mid-1993. Addendum No. 1 was prepared on September 28, 1992 to address specific issues relating to MPWMD and MCWRA in what was the Fort Ord area at that time. The MPWMD Board authorized signing Addendum No. 1 at the January 28, 1993 meeting. Addendum No. 1 was also executed by the parties in mid-1993.
REVISED PER DF, 6/05/03