3. RECEIVE REPORT OF COUNSEL RE STATUS OF RULE 33 (C) – (FORMER WATER WEST RESERVE)
Meeting Date: July 21, 2003 Budgeted: N/A
Program/Line Item No.: N/A
Staff Contact: Stephanie Pintar Cost Estimate: N/A
General Counsel Approval: N/A
Committee Recommendation: N/A
CEQA Compliance: N/A
SUMMARY: Counsel has provided a memo (Exhibit 3-A) that reviews the court’s order in Currier & Kaminske v. MPWMD, Monterey Superior Court No. M 59299.
The Court directed that District Rule 33 (C) be applied in a manner so as not to differentiate between pre-1993 and post-1993 lot owners in the former Water West distribution system service area.
RECOMMENDATION: Based on the Court’s direction, Counsel recommends that the text of Rule 33 (C) henceforth read and be applied as follows:
“A special reserve shall be established to replenish the Monterey County allocation for new water use which occurs within the boundaries of the former Water West Water Distribution System. Replenishment of Monterey County’s allocation from this special reserve shall occur only upon the approval of water use for real property within the Water West boundary (delete these words: which is subdivided after the effective date of this ordinance). The total quantity of water use to replenish Monterey County’s allocation pursuant to this paragraph shall not exceed 12.76 acre feet (sales).”
Adoption of the Consent Calendar shall signify the Board’s approval of this change consistent with the holding in Currier & Kaminske v. MPWMD. If approved, staff will provide, post and publish notice of the change.