Consider First Reading of Revised Ordinance No. 134 -- An Ordinance of the Board of Directors of the Monterey Peninsula Water Management District Amending Regulation XV, The Expanded Water Conservation and Standby Rationing Plan


Meeting Date:

July 21, 2008





Darby Fuerst,




General Manager

Line Item No.:




Prepared By:


Stephanie Pintar


Cost Estimate:


General Counsel Approval:


Committee Recommendation:

The Water Demand Committee reviewed the revised ordinance on July 15, 2008, and unanimously recommended approval.

CEQA Compliance:

Negative Declaration.  CEQA Initial Study and Notice of    Intent to Adopt a Negative Declaration filed with County Clerk on April 18, 2008.  The comment period ended May 7, 2008.  No comments were received.


SUMMARY:  Revised Ordinance No. 134 (Exhibit 16-A) amends the District’s Expanded Water Conservation and Standby Rationing Plan to recognize the Seaside Adjudication Decision and to make clarifications and reduce unnecessary language.  The revised Ordinance No. 134 does not make any change to the existing definition of the Monterey Peninsula Water Resource System.  The definition will be considered in a separate ordinance, currently scheduled for consideration in August 2008.  The following bullet points summarize the significant revisions to the Expanded Water Conservation and Standby Rationing Plan contained in Ordinance No. 134.  (Numerous small grammatical and editorial changes are included in the ordinance and can be reviewed by looking for the bold and italicized or stricken text.)

Revised draft Ordinance No. 134:

·        Adds recognition of the court decision on March 27, 2006 regarding the Seaside Basin adjudication to the Expanded Water Conservation and Standby Rationing Plan.

·        Refines terms and clarifies provisions of the regulation to allow for more effective implementation.

·        Includes new definitions for “Carmel River System,” “Certified Landscape Irrigation Auditor,” “Rationing Year,” Seaside Basin Adjudication Decision,” and Water Ration.”

·        Amends definitions for Emergency Use Rates and Water Waste.

·        Adds separate irrigation water meter requirements for Non-Residential New Structures that have irrigated areas beyond ten feet of the building.

·        Requires New Structures to install separate water meters for fire protection systems.

·        Adds and clarifies noticing requirements for stage changes and implementation of emergency and rationing rates for California American Water (CAW) Water Users.

·        Clarifies that Stage 2 Water Conservation remains in force during Stage 3 Water Conservation.

·        Clarifies that if CAW Water Users are not already at Stage 3 when Stage 4 (pre-water rationing) is declared, CAW moves to Stage 3 Water Conservation as preparation for rationing.  (Stage 4 is the rationing preparatory stage for non-CAW users.)

·        Adds a rationing exemption for demonstrable superior, unimpaired water rights during Stage 4 and above.

·        Clarifies that the General Manager may delay Stages 5 and above Water Rationing for up to 90 days to allow adequate preparation.

·        Clarifies that Stages 5 and above are rescinded by Resolution of the Board of Directors.

·        Amends the implementation of the moratoriums in Stages 5 and 6 Water Rationing from October 1 to one-hundred and twenty days from declaration of Stage 5 and Stage 6.  Recognizes rationing rates currently being considered by the California Public Utilities Commission.

·        Recognizes enforcement changes adopted in Ordinance No. 133.

·        Clarifies the action to be taken when a Water User fails to complete and submit a survey as required by Rule 170.

·        Clarifies the Landscape Water Audit and Landscape Water Budget process.

·        Enacts administrative fines for exceeding a water ration.

·        Sets a standard of 6 ccf/month for flow restrictor flow rates.  Variances to this standard are available for emergency, extreme, or unusual circumstances on a case-by-case basis.

·        Maintains the District’s Unaccounted For Water Use standard for California American Water Main System.  The Board should provide guidance to staff as part of the action on this item.

DISCUSSION:   Revisions were made to Ordinance No. 134 following review of the previous version on May 18, 2008.  Revisions to the definition of the Monterey Peninsula Water Resource System have been removed and will be considered as a separate action at a future Board meeting.

The Board should provide guidance to staff on the following items at the July 21, 2008 meeting:

1.  Unaccounted For Water Use Standard

The current regulation includes an Unaccounted-For-Water Use standard of 7 percent for the Main California American Water System (Rule 160-G).  Average loss above 7 percent during the most recent 12-month period is considered Water Waste.  For Water Year 2007-2008, CAW’s Unaccounted-For-Water Use was 10.6%.  CAW has requested that the 7 percent standard be raised to a higher percentage such as 10 percent, which is considered the industry standard.  However, CAW has not provided justification for making a change, nor has CAW submitted an alternative standard for consideration.

The issue of CAW’s unaccounted-for-water use was first addressed in the District’s Water Allocation Program Environmental Impact Report (EIR) that was certified by the Board in 1990.  In this EIR, CAW’s unaccounted-for-water use, which is defined as the difference between the amount of water produced and the amount of water delivered and is typically expressed as a percent of total production, was assumed to be 7%.  This assumption was based on CAW’s metered production and consumption data for the 11-year period between 1978 and 1988.  During this period, CAW’s unaccounted-for-water use ranged from 2.2% to 11.6%, and averaged 8.0% or 1,280 acre-feet per year. 

In 1998, the issue of CAW’s unaccounted-for-water use was raised again during development of the District’s Expanded Water Conservation and Standby Rationing Plan.  Notably, the 7% unaccounted-for-water use standard for CAW was incorporated into the plan that went into effect in March 1999 and remains in effect today.

In 2000 and 2006, CAW contracted with Goff Water Audits & Engineering (Goff) to conduct system-wide water loss audits.  The purpose of these audits was to identify cost-effective water loss reduction measures and develop information to present to the District Board regarding the most appropriate unaccounted-for-water use standard for CAW’s main system. While CAW has identified a number of extenuating circumstances that explain its current unaccounted-for-water loss rate, e.g., old system, hilly topography, large number of non-looped water mains (dead ends), and high pressure areas, CAW has not presented or justified an alternative unaccounted-for water loss standard for its main system.   

2.  Moratorium

The proposed language of Rule 165-F reads:

            On October 1 immediately following implementation declaration of Stage 5 Water Rationing, the District shall suspend the issuance of cease accepting Water Permits applications associated with Intensification of Use.  All pending Water Permits not issued within 120 days of declaration shall be suspended.  This provision shall not suspend the issuance of Water Permits that utilize public or private Water Use Credits or where issuance of a Permit is required by prior agreement of the District.


The Water Demand Committee discussed timing of a moratorium at its May 9, 2008 meeting and recommended the moratorium occur immediately upon declaration of Stage 5 to send a clear message to the community.  The Technical Advisory Committee (TAC) recommended that a moratorium be implemented four months following declaration of Stage 5. 

Similarly language is found in Rule 166-F, Stage 6 Moratorium, which places a moratorium on water permits utilizing water credits.

3.  Outdoor Water Use Restrictions

Non-residential outdoor water use restrictions begin in Stage 6, Rule 166-M.  Stage 6 also includes restrictions on (1) operation and use of ornamental water fixtures (Rule 166-O), and (2) the use of water from the Monterey Peninsula Water Resource System for dust control purposes (Rule 166-P), and (3) a prohibition on the use of portable water for dust control (Rule 166-P).

The text of Rule 166-M, at the recommendation of the Water Demand Committee, has been added to Stage 5 Water Rationing as Rule 165-M.  This text reads as follows:

The Board shall consider adopting restrictions on Non-Residential outdoor water use that may include any or all of the following:  Limit outdoor watering to one day per week, one day every other week, or prohibit outdoor irrigation with water from the affected water resource system(s); prohibit irrigation of non-turf areas with water from the affected water resource system(s); reduce Golf Course irrigation from the affected Water Distribution System(s) to a percentage of the amount required to water tees, greens and landing areas only.  The use of Recycled Water, when available, shall not be restricted by this requirement.


BACKGROUND:  Since 1999, MPWMD’s Regulation XV, Expanded Water Conservation and Standby Rationing Program, in combination with an extensive public awareness campaign and comprehensive water rate structure for conservation, emergency and rationing rates, has enabled compliance with State Water Resources Control Board (SWRCB) Order No. WR 95-10.  The plan also provides the foundation for water rationing in the event of drought or other emergency reductions in water supply. 

RECOMMENDATION:  The Board should receive comments from the public, discuss the ordinance, and provide direction to staff.  Staff recommends the Board approve the first reading of revised draft Ordinance No. 134 after providing direction on whether edits should be made to the revised ordinance to reflect changes to any of the following subjects:  (1) Unaccounted For Water Use standard; (2) moratorium timing, including earlier implementation and/or moving a moratorium on use of water credits from Stage 6 to Stage 5; and (3) changes to outdoor water use restrictions, including use of ornamental water fixtures and dust control restrictions. 

An Initial Study and Notice of Intent to Adopt a Negative Declaration for the original version of Ordinance No. 134 were filed with the County Recorder on April 18, 2008.  The comment period ended on May 7, 2008.  No comments were received.  Staff believes the previously filed CEQA documents are sufficient to adopt a Negative Declaration with adoption of the revised version of the ordinance. 


IMPACT ON STAFF/RESOURCES:  Staff has not identified any impacts to staff or resources related to the proposed revisions.



16-A    Draft Ordinance No. 134