Exhibit 14-A
Second
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
1. The Water
Management District is charged under the Monterey Peninsula Water Management
District Law with the integrated management of the ground and surface water
resources in the
2.
The Water Management District has general and specific power
to cause and implement water conservation activities as set forth in Sections
325 and 328 of the Monterey Peninsula Water Management District Law.
3.
This ordinance is enacted to respond to present and
threatened water emergencies, as provided by Section 332 of the District
Law. Water emergencies addressed by this
ordinance are created by legal circumstances which constrain the amount of
water that is available to serve water users in the
4.
The Water Management District adopted Resolution No. 84-4 on
March 4, 1984, declaring its intent to support a county-wide Water Conservation
and Rationing Plan and participate in a county-wide effort with other agencies
in
5.
The Water Conservation and Rationing Plan for
6.
Based on the Water Conservation and Rationing Plan for
7.
On July 6, 1995, the State Water Resources Control Board
(SWRCB), in response to four complaints, issued Order No. WR 95-10 that found
that the groundwater in the aquifer underlying and closely paralleling the
8.
SWRCB Order No. WR 95-10 also found that California American
Water wells were drawing water from the subterranean stream associated with the
9.
SWRCB Order No. WR 95-10 directed California American Water
to reduce its average historical diversions from the
10.
In Water Year 1997, California American Waters diversions
from the
11.
On January 28, 1999, to enable compliance with SWRCB Order No.
WR 95-10, the Water Management District adopted Ordinance No. 92 that
established an Expanded Water Conservation and Standby Rationing Plan.
12.
Since establishment of the Expanded Water Conservation and
Standby Rationing Plan in 1999, California American Water has complied with the
diversion limits specified in SWRCB Order No. WR 95-10 every year.
13.
Ordinance No. 134 amends the Expanded Water
Conservation and Standby Rationing Plan to recognize the court decision on March
27, 2006 regarding the
14. Ordinance No. 134 amends the Expanded Water Conservation and Standby Rationing Plan to refine terms and clarify provisions of the regulation
15. Ordinance No. 134 adds definitions for Carmel River System, Certified Landscape Irrigation Auditor, Rationing Year, Seaside Basin Adjudication Decision, and Water Ration.
16. Ordinance No. 134 amends the definition of Emergency Use Rates.
17. Ordinance No. 134 amends the Expanded Water Conservation and Standby Rationing Plan to add separate irrigation water meter requirements for Non-Residential New Structures that have irrigated areas beyond ten feet of the building.
18. Ordinance No. 134 amends the Expanded Water Conservation and Standby Rationing Plan to require New Structures to install separate water meters for fire protection systems.
19. Ordinance No. 134 adds and clarifies noticing requirements for stage changes and implementation of emergency and rationing rates for California American Water Water Users.
20. Ordinance No. 134 clarifies that Stage 2 Water Conservation remains in force during Stage 3 Water Conservation.
21. Ordinance No. 134 clarifies that California American Water Water Users shall move to Stage 3 Water Conservation upon declaration of Stage 4 Water Rationing.
22. Ordinance No. 134 adds a rationing exemption for demonstrable superior, unimpaired water rights during Stage 4 and above.
23. Ordinance No. 134 adds a rationing exemption for evidence of a riparian water right.
24. Ordinance No. 134 clarifies that the General Manager may delay Stages 5 and above Water Rationing for up to 90 days to allow adequate preparation.
25. Ordinance No. 134 clarifies that Stages 5 and above are rescinded by Resolution of the Board of Directors.
26. Ordinance No. 134 amends the implementation of the moratoriums in Stages 5 and 6 Water Rationing from October 1 to immediately upon declaration of Stage 5 and Stage 6.
27. Ordinance No. 134 recognizes rationing rates currently being considered by the California Public Utilities Commission.
28. Ordinance No. 134 amends the Expanded Water Conservation and Standby Rationing Plan to recognize enforcement changes adopted in Ordinance No. 133.
29. Ordinance No. 134 clarifies the action to be taken when a Water User fails to complete and submit a survey as required by Rule 170.
30. Ordinance No. 134 clarifies the Landscape Water Audit and Landscape Water Budget process.
31. Ordinance No. 134 enacts administrative fines for exceeding a water ration.
32. Ordinance No. 134 sets a standard for flow restrictor flow rates.
33.
The following District Rules shall be amended by this
ordinance: Rule 11 (Definitions), Rule 160 (General Provisions), Rule 161
(Stage 1 Water Conservation), Rule 162 (Stage 2 Water Conservation), Rule 163
(Stage 3 Water Conservation), Rule 164 (Stage 4 Water Rationing), Rule 165
(Stage 5 Water Rationing), Rule 166 (Stage 6 Water Rationing), Rule 167 (Stage
7 Water Rationing), Rule 168 (Water Banks), Rule 169 (Water Rationing
Variance), Rule 170 (Water Use Survey), Rule 171 (Water Waste and Non-Essential
Water Use Enforcement), Rule 172 (Landscape Water Audits), Rule 173 (Regulation
of Mobile Water Distribution Systems), Rule 174 (Regulation of Well Owners or
Operators and Extractors), and Rule 175 (Water Rationing Enforcement).
34.
This ordinance shall be reviewed and approved under the
California Environmental Quality Act (CEQA) based upon a Negative Declaration.
NOW THEREFORE be it ordained
as follows:
Section One: Short
Title
This ordinance shall be
known as the 2008 Expanded Water Conservation and Standby Rationing Plan
Amendment Ordinance of the Monterey Peninsula Water Management District.
Section Two: Purpose
This ordinance amends the
Expanded Water Conservation and Standby Rationing Plan to reflect the Seaside
Basin Adjudication Decision of 2006, and to revise and clarify the Plan to
enable more effective implementation.
Section Three: Amendments
to Rule 11
Rule 11,
Definitions, shall be amended as shown below, with added language as shown in bold
italic type face, and deleted language shown in strikeout type
face.
CERTIFIED LANDSCAPE
IRRIGATION AUDITOR Certified Landscape Irrigation Auditor or CLIA shall
mean an individual who has landscape irrigation system audit training and
experience; who has passed a certification examination administered by the
Irrigation Association (IA); and who operates by the IA Code of Ethics.
DWELLING
UNIT - Dwelling Unit shall mean single or multiple residences suitable for
single household occupancy but shall not refer to non-permanent student or
transient housing, the occupancy of which is projected to average 24 months or
less.
EMERGENCY USE RATES
Emergency Use Rates shall mean a higher block water rate used
by California American Water during Stage 3 Water Conservation as a mechanism
to discourage excessive water use.
EXCESSIVE USE RATES Excessive Use
Rates shall mean a higher block water rate used
by California American Water during Stage 3 Water Conservation as a mechanism
to discourage excessive water use.
RATIONING YEAR Rationing Year shall mean a one year
period beginning on the date water rationing is declared.
SEASIDE BASIN ADJUDICATION DECISION -- Seaside Basin
Adjudication Decision or Seaside Decision shall mean the March 27, 2006
court adjudication, as amended, determining water rights in the Seaside
Groundwater Basin that restrict California American Water production from the
Coastal Subareas and Laguna Seca Subarea of the basin.
WATER RATION Water Ration shall mean a specific
amount of water available to each Water User during Stages 5-7 Water Rationing.
WATER WASTE -Water Waste shall mean the indiscriminate,
unreasonable, or excessive running or dissipation of water. Water Waste shall include, but not be
limited, to the following:
1. Waste caused by correctable
leaks, breaks or malfunctions. This loss
of Potable water may be cited as Water Waste after a reasonable period of time
has passed in which the leak or malfunction could have been corrected. Exceptions may be granted by the General
Manager for corrections, which are not feasible or practical.
2. Use of Potable water for
washing buildings, structures, driveways, patios, parking lots, tennis courts,
or other hard surfaced areas, except in cases where health or safety are at
risk.
3. Indiscriminate or excessive
water use which allows excess to run to waste.
4. Use of Potable water to irrigate
turf, lawns, gardens or ornamental Landscaping between 9:00 a.m. and 5:00 p.m.
by means other than drip irrigation, or hand watering without quick acting Positive Action Shut-Off
Nozzles. (Exceptions shall be made by the General Manager for professional
gardeners where there is no ability to not water between 9:00 a.m. to 5:00
p.m.).
5. Individual private washing
of cars with a hose except with the use of a Positive Action Shut-Off Nozzle. Use of water for washing commercial aircraft,
cars, buses, boats, trailers or other commercial vehicles at any time, except
at commercial or fleet vehicle or boat washing facilities operated at a fixed
location where equipment-using water is properly maintained to avoid wasteful
use.
6. Transportation of water from
the Monterey Peninsula Water Resource System without prior written
authorization from the MPWMD shall be deemed water waste. Emergency or health related situations are
exempt from this provision in accordance with Rule 169 (Water Rationing
Variance).
7. Operation of a commercial
car wash without recycling at least 50 percent of the Potable water used per
cycle.
8. Use of water for more than
minimal Landscaping, as defined in the Landscaping regulations of the Jurisdiction or as described in Article 10.8 of the
California Government Code.
9. Use of Potable water for
street cleaning.
10. Outdoor watering in
violation of Landscape irrigation restrictions required by Stage 1 Water
Conservation.
11. Failure to maintain water
use within a mandatory Landscape Water Budget.
12. Misrepresentation of the
number of Persons permanently residing on a property where water is supplied by
a Water Distribution System or by a private Well.
13. Water use in
excess of a Water Ration.
The following activities shall not be cited as Water Waste:
1. Flow resulting from fire
fighting or essential inspection of fire hydrants;
2. Water applied to abate
spills of flammable or otherwise hazardous materials, where water application
is the appropriate methodology;
3. Water applied to prevent or
abate health, safety, or accident hazards when alternate methods are not
available;
4. Storm run-off;
5. Flow from fire training
activities during Stage 1 Water Conservation through Stage 3 Water
Conservation;
6. Reasonable quantities of
water applied as dust control as required by the Monterey Bay Unified Air
Pollution Control District, except when prohibited by Regulation XV.
Section Four: Amendment to Rule 160
Rule 160 shall be
amended as shown below, with added language as shown in bold italic type face,
and deleted language shown in strikeout type face.
RULE 160 - GENERAL PROVISIONS
A. All Water Users within
the Monterey Peninsula Water Management District shall be subject
to comply with the Districts Water Waste and Non-Essential Water Use
prohibitions and the water conservation requirements of Regulation XIV.
.
B. Prohibitions
against Water Waste and Non-Essential Water Use shall be enforced by the
District and its designated agents in accordance with Rule 171 (Water Waste Fees
and
Non-Essential Water Use Enforcement) and Regulation XI, unless indicated
otherwise.
C. Stage 1 Water Conservation shall apply
to all Water Users within the Monterey Peninsula Water Management District be
implemented upon the effective date of this regulation.
D. Stage
1 Water Conservation parallels California American Waters Phase IV
Mandatory Water Conservation program that was designed to meet the Stages 1 2 and through 3 Water Conservation is are intended to maintain California American
Water achieve the Carmel Valley water production within
the limits set by the State Water Resources Control Board (SWRCB) and by the Seaside Basin
Adjudication Decision (Seaside Decision).
E. Stage 4 Water Rationing through Stage 7
Water Rationing are intended to respond to limitations in supply caused
by inadequate system inflow and storage and emergency situations that require water
reductions.
EF. Stage
1 Water Conservation through Stage 3 Water Conservation shall apply to Water
Users of the any California American Water Distribution System where that system derives
its Source of Supply from the Monterey
Peninsula Water Resource System (MPWRS) for as long as California American Water is subject to legal
or regulatory water production goals and limitations enforced
by the SWRCB.
FG. Stage
4 Water Rationing through Stage 7 Water Rationing may apply to all Water Distribution
System Water Users and Water Users within the Monterey Peninsula Water
Resource System as a response to limited water supply. These stages shall also serve as responses to
emergency situations where immediate reductions in water use are necessary to
ensure public health, safety or welfare. This regulation authorizes the Board of
Directors to, from time to time, determine by Resolution that any Water
Distribution System or set of Water Users within the Monterey Peninsula Water
Management District shall be subject to Stages 4 Water Rationing through Stage
7 Water Rationing as provided in this Regulation.
GH. As
to water derived from the MPWRS, California American Water shall maintain
Unaccounted for Water Use in its MPWRS distribution system at or below seven
(7) percent. Average losses of more than
seven (7) percent during the most recent twelve-month period shall be
considered Water Waste. This limitation
shall not affect any California American Water system east of,
and including, the Ryan Ranch subunit.
HI. the policies and procedures described in this Regulation. A copy of the plan and amendment Rule
14.1 shall be filed with the 180 30 days
of the effective date of any amendment to this Regulation. The
plan shall comply with the California Water Code, Division 6, Part 2.6.
J. At
least 10 days prior to a first reading by the Board of amendments to Regulation
XV, a copy of the proposed changes shall be provided to the CPUC Division of
Ratepayer Advocates (DRA).
Section Five: Amendment to Rule 161
Rule 161 shall
be amended as shown below, with added language as shown in bold italic type face,
and deleted language shown in strikeout type face.
RULE 161 - STAGE 1 WATER
CONSERVATION
Stage 1 Water Conservation is defined as
the first stage in the Districts Expanded Water Conservation
and Standby Rationing Plan.
A. Stage
1 that takes action to maintain California American Water production
from derived from the MPWRS below regulatory constraints within
the limits set by the SWRCB and the
B. During Stage 1
Water Conservation, California American Water shall have
the goal of maintaining its annual (October 1 through September 30)
water production from the Assuming a maximum annual
production of 4,000 Acre-Feet from the California American Water system
production limit of 15,285 Acre-Feet. Each Water User deriving water from the California American Water system that
derives its Source of Supply from the MPWRS shall comply with District Water
Waste and Non-Essential Water Use prohibitions and
shall participate to the extent possible in voluntarily reducing water use.
B. All Water Users with the Monterey Peninsula Water Management
District shall comply with Water Waste and Non-Essential Water Use prohibitions
C.
During Stage 1 Water Conservation,
D.
E.
California American Water, in coordination
with the District, shall conduct Landscape Water Audits and establish Landscape
Water Budgets for all Water Users subject to Rule 172. Annually, at the beginning of the Water Year,
F.
All Mobile Water Distribution Systems that
obtain water from within the District or that deliver water within the District
shall comply with Rule 173, Regulation of
G.
All Non-Residential New Structures receiving
a Water Permit after October 1, 2008 that include irrigated areas beyond ten
(10) feet of any building shall utilize a separate water meter to measure all
exterior water uses.
H.
All New Structures receiving a Water Permit
after October 1, 2008 shall have separate water meters for fire suppression
systems.
Section Six: Amendment to Rule 162
Rule 162 shall
be amended as shown below, with added language as shown in bold italic type face,
and deleted language shown in strikeout type face.
RULE 162 - STAGE 2 WATER CONSERVATION
A. Stage 2 Water Conservation is defined as
the second stage in the Districts Expanded Water Conservation
and Standby Rationing Plan that takes action to maintain California American Water use production
from the MPWRS below legal and regulatory
constraints. This is accomplished by
requiring implementation of Landscape Water Budgets for large irrigators
of three acres or more, Large Residential Water Users, and Water Users with Ddedicated landscape Irrigation
water Mmeters.
B. Stage
2 Water Conservation shall be enforced when California American Water
production from the MPWRS has exceedsed the year-to-date at
month-end targets as displayed in Table XV-1.
1. The monthly distribution of water
production from MPWRS, as shown in Table XV-1 between sources
in the shall be
approved by the Board of Directors as part of the Quarterly Water Supply
Strategy and Budget process. The Board
shall hold public hearings to consider the water supply budgets for the Main
California American Water System during the Boards regular meetings in
September, December, March, and June, at which time the Board may modify Table XV-
1 by Resolution.
[This space intentionally
left blank]
Table XV-1
Regulatory
Water Production Targets
for
Within
the
(All
Values in Acre-Feet)
|
Month |
Monthly Target |
Year-to-Date at Month-End Target |
|
October |
1,323 |
1,323 |
|
November |
1,071 |
2,394 |
|
December |
961 |
3,355 |
|
January |
941 |
4,296 |
|
February |
867 |
5,163 |
|
March |
999 |
6,162 |
|
April |
1,144 |
7,306 |
|
May |
1,388 |
8,694 |
|
June |
1,491 |
10,185 |
|
July |
1,586 |
11,771 |
|
August |
1,586 |
13,357 |
|
September |
1,432 |
14,789 |
|
TOTAL |
14,789 |
-- |
|
|
||
|
Note: Monthly
and year-to-date at month-end production targets are based on the annual
production limit specified for the California American Water (CAW) main
system from |
||
C. Requirements
imposed by implementation of the Expanded Water Conservation and Standby
Rationing Plan through Stage 1 Water Conservation shall remain
in force. Requirements may be modified or superseded by actions taken in future
stages of the Expanded Water Conservation and Standby Rationing Plan.
D. IMPLEMENTATION
OF LANDSCAPE WATER BUDGETS Implementation of Landscape Water Budgets: All Water Users required to obtain a Landscape Water Budget under District
Rule 172 are required to manage outdoor irrigation within the Landscape Water
Budget assigned to the property.
E. Water
use in excess of the established Landscape Water Budget shall be considered
Water Waste and shall be subject to District Rule 171.
F. SUNSET
OF STAGE 2 WATER CONSERVATION Sunset of Stage 2 Water Conservation:
Without further action of the Board of Directors, the provisions of Stage 2 Water
Conservation shall be rescinded and revert to Stage 1 Water Conservation upon
compliance with the year-to-date at month-end production goal for two consecutive
months in the subsequent Water Year.
G. NOTICE
Notice: users with Landscape Water
Budgets to report modifications in Landscaping which could alter an existing
budget.
H. MONTHLY CONSUMPTION REPORTS Monthly Consumption Reports:
During any Stage 2, 3, 4, 5, 6, or 7, California American Water shall
provide the District with monthly consumption reports in a format approved by
the District. Reports shall be provided
within fifteen (15) days of the close of the preceding month.
Section Seven: Amendment to Rule 163
Rule 163 shall
be amended as shown below, with added language as shown in bold italic type face,
and deleted language shown in strikeout type face.
RULE 163 STAGE 3 WATER CONSERVATION
A. Stage
3 Water Conservation is defined as the third stage in the Districts Expanded Water Conservation
and Standby Rationing Plan that takes action to maintain California American Water use in the MPWRS below legal and regulatory
constraints. It is triggered when the
year-to-date at month-end production target for California American Water from
the MPWRS is exceeded twice by the average of California American Waters
year-to-date production from the MPWRS for each month during the October
through March period or exceeded once by the average of California American
Waters year-to-date production from the MPWRS for each month during the April
through September period. It
provides a procedure to enable emergency temporary increases in the upper block
volume rates and requires increased action by California American Water to
reduce Unaccounted For Water Use and monthly reporting of actions taken. Stage 3 Water Conservation may also be
triggered upon Resolution of the Board of Directors when there is a need for an
immediate water use reduction in response to an unexpected water production
increase.
Upon implementation of Stage 3 Water Conservation, California American Water shall
immediately submit a plan to the General Manager to reduce Unaccounted For
Water Uses in its MPWRS Water Distribution Systems to seven (7) percent or
less measurered by the most recent twelve-month rolling average and
shall immediately act on such plan.
California American Water shall provide a progress report to the Board
of Directors monthly until Stage 3 is sunset.
B. REGULATORY
TRIGGER Regulatory Trigger:
Stage 3 Water Conservation shall be enforced when any of the following criteria has been
met: 1) the average of California American Waters year-to-date
production from the MPWRS for each month has exceedsed the
year-to-date at month-end production target for California American
Water from the MPWRS as displayed in Table 1 for a second time during the
period from October 1 through March 31 in any by 5 percent or more at the end
of the first quarter of the Water Year, or 2) the average of
California American Waters year-to-date production from the MPWRS for each
month has exceedsed the year-to-date at month-end production
target for California American Water from the MPWRS by 4 percent or more at the end
of January, or the year-to-date target by 2.5 percent or more at the end of
February, or the year-to-date target by 1 percent or more at the end of March as
displayed in Table 1 once during the period from April 1 through September 30
in any Water Year, or 3) California American Waters year-to-date
production from the MPWRS on a year-to-date basis exceeds the year-to-date
targets for a consecutive seven-day period during the months of April, May or
June; or 4) the California American Waters production from the MPWRS on a
year-to-date basis exceeds the year-to-date target on any single day during
July, August, or September; or 5) a Resolution has been adopted by the
Board in accord with Section C below.
C. EMERGENCY
TRIGGER Emergency Trigger:
Stage 3 Water Conservation shall be implemented upon Resolution of the
Board of Directors when there is need for an immediate water use reduction
requirement in response to an unexpected water production increase.
D.
E. Requirements
imposed by implementation of the Expanded Water Conservation and Standby
Rationing Plan through Stage 2 Water Conservation shall remain
in force. Requirements may be modified or superseded by actions
taken in future stages of the Expanded Water Conservation and Standby Rationing
Plan.
DF. SUNSET
OF STAGE 3 WATER CONSERVATION Sunset of Stage 3 Water Conservation: Without further action by the Board of Directors, the provisions of Stage 3 Water
Conservation shall be rescinded and Water Users shall revert to Stage 1
Water Conservation upon compliance with the year-to-date at month-end
production goal for two consecutive months in the subsequent Water Year. Water
Users of California American Water when that water
system derives water from the MPWRS shall revert to Stage 1 Water Conservation.
Regulatory compliance during a period of Stage 4 Water Rationing shall not cause a sunset of this provision.
EG. NOTICE
Notice: prepared for Water Users of the California American Water system.
FH. California American Water Emergency
Use Rates:
California American Water shall implement the California Public
Utilities Commission (CPUC)-approved Eemergency Rrate
schedule to respond to Stage 3 water reduction requirements. California American Water shall file an
Advice Letter with the CPUC to implement Emergency Use Rates,
however, only after it has first met and conferred with the District at
least five days in advance of that filing.
The General Manager may waive this time period for good cause.
Section Eight: Amendment to Rule 164
Rule 164 shall
be amended as shown below, with added language as shown in bold italic type face,
and deleted language shown in strikeout type face.
RULE 164 STAGE 4 WATER RATIONING
A. Stage 4 Water Rationing is defined as the
fourth stage in the Districts Expanded Water Conservation
and Standby Rationing Plan that responds to a drought situation or other
threatened or existing emergency water supply shortage with a 15
percent reduction goal from system production limits for non-California American Water Users.
Fifteen percent reductions in the California American Water system are
achieved through Stage 3 Water Conservation.
In the event that CAW is not currently at Stage 3, CAW shall implement
Stage 3 Water Conservation upon declaration of Stage 4 Water Rationing.
B. TRIGGER
Trigger
1. Water
Supply Limitation Trigger
Stage
4 Water Rationing shall apply to all Water Distribution Systems, private Wells,
or Water Users whose Source of Supply is derived from the MPWRS unless proof is provided to demonstrate a
superior, unimpaired water right to exempt the Water Distribution System,
private Well, or Water User from the Stage 4 rationing restrictions. Evidence of riparian water rights may be
established by a Declaration under penalty of perjury, unless it is refuted by
other proof. Stage 4 Water
Rationing shall become effective on June 1 or such earlier date as may be set by the Board following the Districts May Board meeting if total
usable storage in the MPWRS on May 1 is less than 27,807 Acre-Feet and greater
than 21,802 Acre-Feet. If total usable
storage is equal to or greater than 27,807 Acre-Feet on May 1, no water
rationing shall be imposed.
2. Emergency
Trigger
Stage
4 Water Rationing shall be implemented upon Resolution of the Board of
Directors when there is need for an immediate water use reduction requirement
in response to an unexpected water supply shortage.
C. Requirements
previously imposed by implementation of the Expanded Water Conservation and
Standby Rationing Plan shall remain in force.
Requirements may be modified or superseded by actions taken in this or
future stages of the Expanded Water Conservation and Standby Rationing Plan.
D. The
provisions of Stage 3 Water Conservation shall be implemented for all Water
Users of the California American Water Distribution System, unless specifically
exempt from Stage 4 Water Rationing by action of the Board of Directors.
ED. SUNSET
OF STAGE 4 WATER RATIONING Sunset of Stage 4 Water Rationing
1. Water
Supply Availability
Stage
4 Water Rationing shall continue to have force and effect until
rescinded by Resolution of the Board of Directors upon a determination that the
total usable storage in the MPWRS is greater than 27,807 Acre-Feet. This determination will normally be made at
the Boards May meeting. However, a
determination to rescind Stage 4 Water Rationing as early as the following
January Board meeting can be made if the total usable storage in the MPWRS is
equal to or greater than 27,807 Acre-Feet on January 1.
2. In
the event total usable storage is greater than 27,807 Acre-Feet, the General Manager shall review California American Waters year-to-date
production. Upon compliance with the
monthly year-to-date goals specified in Table XV-1 of Rule 162 and,
unless otherwise specified in the Resolution rescinding Stage 4 Water Rationing, Water Users
shall revert to Stage 1 Water Conservation. If California American Waters year-to-date
production exceeds the year-to-date goal specified in Table XV-1
of Rule 162, California American Water Users shall
revert to either Stage 2 or Stage 3 Water Conservation.
3. Emergency
Upon
correction of a water supply limitation caused by an emergency, Stage 4 Water
Rationing shall sunset without action by the Board.
FE. NOTICE
Notice
1. Upon
direction of the General Manager, MPWMD shall notify all non-California
American Water Water Distribution System Operators
affected by Stage 4 Water Rationing shall notify Water Users of the system
that reductions in water use are necessary and that stricter water rationing may be is imminent. Water
Distribution System Operators shall ensure that notices provided or required by
the District shall be distributed to their
system Water Users. A
copy of each notice shall be filed with the District as well as a current
mailing list for all Water Users in that system. The District shall preserve
the confidentiality of any mailing list provided pursuant to this Regulation.
2. As
appropriate, California American Water shall notify
its Water Users that Excessive Use Rates will be imposed upon
the effective date of Stage 4 Water Rationing.
2.
The District shall notify contact all Water Users of private Wells (Single-Parcel
Connection Systems) not supplying water to a distribution system within the MPWRS. Notice Contact shall be via first class mail and
shall explain the restrictions placed on the use of private Wells during
requirements for Stage 4
Water Rationing and shall provide and/or request additional information from the private Well Owner
as deemed necessary for the efficient operation of the rationing program.
3. CAW shall provide notice to its customers that water rationing is imminent. CAW shall further provide its customers with a survey form to indicate any change in the number of residents or the type of Non-Residential use. Surveys shall be returned to CAW within 30 days.
Section Nine: Amendment to Rule 165
Rule 165 shall
be amended as shown below, with added language as shown in bold italic type face,
and deleted language shown in strikeout type face.
RULE 165 - STAGE 5 WATER RATIONING
A. Stage 5 Water Rationing is defined as the
fifth stage in the Districts Expanded Water Conservation
and Standby Rationing Plan that responds to a drought situation or other
threatened or existing emergency water supply shortage with a 20
percent reduction goal from the system production limits. Reductions are achieved by water use cutbacks
by User Category and by per-capita Wwater
Rrations
and a moratorium on Water Permits that Intensify Water Use.
B. TRIGGER
Implementation
1. Water
Supply Limitation Trigger
Stage
5 Water Rationing shall apply to all Water Distribution Systems, private Wells,
or Water Users whose Source of Supply is derived from the MPWRS unless proof is provided to
demonstrate a superior, unimpaired water right to exempt the Water Distribution
System, private Well, or Water User from the Stage 5 rationing restrictions. Evidence of riparian water rights may be
established by a Declaration under penalty of perjury, unless it is refuted by
other proof. Stage 5 Water
Rationing shall become effective on June 1 or such earlier date as may be set by the Board following the Districts May Board
meeting if total usable storage in the
MPWRS on May 1 is less than 21,802 Acre-Feet and greater than 15,615
Acre-Feet. If total usable storage is
equal to or greater than 27,807 Acre-Feet on May 1, no water rationing shall be
imposed.
The General Manager may delay implementation
of Stage 5 Water Rationing to ensure adequate operation of the program. Delays authorized by the General Manager
shall not exceed 90 days.
2. Emergency
Implementation
shall also occur following urgency action by Resolution of the Board of
Directors declaring that an emergency situation exists and immediate 20 percent
reductions in water use from a distribution systems production limit are
necessary to ensure public health, safety or welfare.
The General Manager may delay implementation
of Stage 5 Water Rationing to ensure adequate operation of the program. Delays authorized by the General Manager
shall not exceed 90 days.
C. SUNSET
OF STAGE 5 WATER RATIONING Sunset of Stage 5 Water Rationing
1. Water Supply Availability
Stage
5 Water Rationing shall continue to have force and effect until
rescinded by Resolution of the Board of Directors upon a determination that the
total usable storage in the MPWRS is greater than 21,802 Acre-Feet. This determination will normally be made at
the Boards May meeting. However, a
determination to rescind Stage 5 Water Rationing as early as the following
January Board meeting can be made if the total usable storage in the MPWRS is
equal to or greater than 27,807 Acre-Feet on January 1.
2. In
the event total usable storage is greater than 27,807 Acre-Feet, the General
Manager shall review California American Waters year-to-date
production. Upon compliance with the
monthly year-to-date goals specified in Table XV-1 of Rule 162 and, unless otherwise
specified in the Resolution rescinding Stage 5 Water Rationing, Water Users
shall revert to Stage 1 Water Conservation. If California American Waters year-to-date
production exceeds the year-to-date goal specified in Table XV-1
of Rule 162, California American Water Users shall
revert to Stage 2 or Stage 3 Water
Conservation.
3. Emergency
Upon
correction of a water supply limitation caused by an emergency, Stage 5 Water
Rationing shall be rescinded by Resolution of the Board of Directors.
D. AFFECTED
WATER USERS Affected Water Users
Stage
5 Water Rationing shall apply to all Water Distribution Systems, private Wells,
or Water Users within the MPWRS unless specifically
exempt by action of the Board of Directors or unless proof is provided to demonstrate a
superior, unimpaired water right to exempt the Water Distribution System,
private Well, or Water User from the Stage 5 rationing restrictions. Evidence of riparian water rights may be
established by a Declaration under penalty of perjury, unless it is refuted by
other proof. As necessary to
ensure adequate water supplies, the Board of Directors may act within its discretion to
authorize activation of Stage 5 Water Rationing within one or more Water
Distribution Systems in the District.
E. Requirements
imposed by implementation of the Expanded Water Conservation and Standby Rationing
Plan through Stage 4 Water Conservation shall remain in force. Requirements may be modified or superseded by
actions taken in this or future stages of the Expanded Water Conservation and
Standby Rationing Plan.
F. MORATORIUM
Moratorium
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.
G. REDUCTION
GOAL Reduction Goal
Stage
5 Water Rationing achieves water use reductions of 20 percent of the California American Water and non-California American Water system
production limits in each User Category as follows: Residential single-family and
multi-family, Commercial/Industrial, Public Authority, Golf Course, Other,
Non-Revenue Metered Uses, and Reclaimed Water Users.
H. NOTICE
Notice
1. California American Water shall provide
written notice of mandatory water rationing to every residence and to every
Non-Residential business or Water User within the California American Water system via
first-class mail at least thirty (30) days before the first day of
rationing.
Further, California American Water shall send
monthly reminders of water rationing in the water bill along with information
showing the Users Wwater Rration,
and the quantity of the Wwater Rration consumed by
the Responsible Party, and the quantity of water available in the
Users Water Bank. Finally, California American Water shall provide
each Responsible Party with a survey form update survey information upon
request.
2. All other Water Distribution System Operators affected by Stage 5 Water Rationing shall provide written notice of mandatory water rationing to every residence and to every Non-Residential business or Water User within the Water Distribution System via first-class mail at least thirty (30) days before the first day of rationing.
Further, the Water Ddistribution
Ssystem
Ooperator shall send monthly reminders of water rationing in
the water bill along with information showing the Wwater Rration
and the quantity of the Wwater Rration consumed
by the Water User responsible party. Finally, the Water Distribution System Operator shall provide each Responsible Party with a survey form at
least once each calendar year. Water
Distribution System Operators shall ensure that notices provided or required by
the District shall be distributed to the system Water Users.
3. The
District shall notify contact all Water Users of private Wells (Single-Parcel
Connection Systems) not supplying water to a distribution system
within the MPWRS at least thirty (30) days before
the first day of Stage 5 Water Rationing. Notice Contact shall be via
first class mail and shall explain the requirements for restrictions
placed on the use of private Wells during Stage 5 Water Rationing and shall
provide and/or request additional information from the private Well Owner as
deemed necessary for the efficient operation of the rationing program.
4.
5.
I. RATIONS
BY CATEGORY Rations by Category
Water
Rrations
shall be determined by User Category. Each Water User within the Monterey Peninsula
Water Resource System shall be classified in one of the following groups: Residential single-family and
multi-family, Commercial/Industrial, Public Authority, Golf Course, Other,
Non-Revenue Metered Use, and Reclaimed Water Users.
J. REDUCED
Reduced
Annual
The
California American Water annual production
limit shall be reduced by 20 percent during Stage 5 Water Rationing. The resulting production limit shall be
further reduced by a water rationing contingency determined by
the Board.
Seven (7) percent of the remainder shall be the maximum California American Water Unaccounted For
Water Use ration. The remaining water
shall be the California American Water annual
production limit for all User Categories.
K. NON-CALIFORNIA AMERICAN WATER ANNUAL
PRODUCTION LIMITS DURING STAGE 5 WATER RATIONING Non-California American Water Annual
production limits during Stage 5 Water Rationing
Available
production for other Water Distribution Systems subject to Stage 5 Water
Rationing shall be determined using the same methodology as for California American Water without
including a deduction for Unaccounted For Water Uses. The non-California American Water annual
production limit for the Monterey Peninsula Water Resource System shall be used
as the maximum production limit.
L. ESTABLISHING
RATIONS Establishing the Rations
Rations
for each User Category shall be determined by the General Manager by dividing the reduced
available production by the percentage of use.
The percentage of use for each Uuser group Category
shall be determined by the most recent unrationed reporting Water
Yyear (July October 1 through September
June 30) data provided by
California American Water for Water Users
of that portion of California American Water that derives
water from the MPWRS, and by data provided by the District from its annual Well reporting program for non-California American Water Distribution
Systems.
1. Residential
Water Users
Each
Residential Water User either served by a water meter reported as
single-family residential by the Water Distribution System or served by a
private Well shall have an equal portion of the water available to the
single-family Residential category based upon the number of residents reported
on the survey form.
2. Multi-Family
Residential Water Users
Each
multi-family Residential Water User either served by a water meter reported as
multi-family residential by the Water Distribution System or served by a
private Well shall have an equal portion of the
water available to the multi-family Residential category based upon the number
of residents reported on the survey form with the following exception:
a. Multi-Family
Residential Sites with common laundry facilities on a separate water meter
shall receive a one-unit water ration for each Dwelling Unit that has access to the
facility. Each Dwelling Unit located on
the Multi-Family Residential Site that has access to the common laundry
facility shall have the Dwelling Unit ration reduced by one unit of water.
3. Commercial/Industrial
Water Users
Each
commercial/industrial Water User either served by a water meter reported as
commercial or industrial by the Water Distribution System shall have a base
Water
Rration determined by applying the current commercial Water Use
Factors.
a. Mixed
Use Water Users. Mixed Use Water
Users shall be classified as Commercial Uses for the purposes of this program.
4. Public
Authority
Public
Authority Uses shall be rationed by Jurisdiction. Each Public Authority Water User may combine multiple accounts or
Connections when the accounts are located within one Jurisdiction.
5. Golf
Courses
Golf
Courses supplied water exclusively by the California American Water or non-California American Water Distribution
Systems or Wells may be rationed individually or, upon request to the General Manager, as a group.
6. Other
Water
Users utilizing portable water meters or hydrant meters shall be required to
employ Best Management Practices. California American Water shall be
required to report monthly to the District the location and Responsible Party for all portable water
meters and the amount of use from those meters.
As deemed necessary to achieve the imposed reduction in use, the
District may condition use of temporary Connections.
7. Non-Revenue
Metered Users
Non-Revenue
Metered Uses shall be rationed as a group with the following exception:
a. Irrigation
required by the Mitigation Program adopted when the Water Allocation Program Environmental Impact
Report was adopted in 1990, and as required by SWRCB Order No. WR 95-10, shall
not be subject to reductions in use.
Required irrigation of the Riparian Corridor shall be identified and
reported separately from other Non-Revenue Metered Uses.
8. Non-California American Water Wells
Regulations
for rationing non-California American Water Wells located
within the MPWRS that are not supplying water to a
distribution system shall be considered by the Board prior to implementation of Stage 5 Water Rationing.
9. Recycled Water Users
Recycled
Water Irrigation Areas receiving water from the CAWD/PBCSD Wastewater Reclamation Project
shall be subject to Stages 5 Water Rationing and higher for Potable water used
during an Interruption or emergency, in accordance with contractual agreements
between the District and the respective Owners of the Recycled Water Irrigation
Areas.
a. Before Project Expansion Is
Completed. Under the agreements
operative before the Project Expansion is Completed (as the capitalized terms
are defined in Rule 23.5), the Owners of the Recycled Water Irrigation Areas
shall have the respective irrigation requirements thereof satisfied to the same
degree as any non-Project Golf Course or open space which derive their Source
of Supply from the California American Water system. The irrigation requirements of the Recycled
Water Irrigation Areas will be determined based on the most-recent non-rationed
four-year average irrigation water demand, including both Recycled Water and
Potable water, for each Recycled Water Irrigation Area. The use of Recycled Water, when available in
sufficient quantities to satisfy the irrigation requirements of the Recycled
Water Irrigation Areas, shall not be restricted by this requirement.
Each Recycled Water Irrigation Area
shall be entitled to receive the
average irrigation requirement
determined above, reduced by the percentage reduction required by the current
stage of rationing. If the quantity of
Recycled Water that is available is less than the quantity of water that the
Recycled Water Irrigation Area is entitled to, Potable water shall be provided
to make up the difference and satisfy the irrigation requirements of the
Recycled Water Irrigation Area to the same degree that the irrigation requirements
of non- Project Golf Course and open space Users are being satisfied.
The District shall ensure
that the water provided during water rationing is of adequate quality. If the quality does not satisfy the
contractual agreement operative before the Project Expansion is deemed
Completed (as the capitalized terms are defined in Rule 23.5), Potable water
shall be provided in sufficient quantities to improve the quality of the Recycled
reclaimed Wwater.
This Subsection L-9-a shall cease to be operative once the Project Expansion is deemed to be Completed (as the capitalized terms are defined in Rule 23.5), and shall thereafter be of no force or effect.
b. When Project Expansion Is Completed. Under the agreements operative once the Project Expansion is deemed Completed (as the capitalized terms are defined in Rule 23.5), the Owners of the Recycled Water Irrigation Areas shall have the respective irrigation requirements thereof satisfied to the same degree as any non-Project Golf Course or open space which derives its Source of Supply from the California American Water system. The irrigation requirements of the Recycled Water Irrigation Areas will be determined based on the most-recent non-rationed four-year average irrigation water demand, including both Recycled Water and Potable water, for each respective Recycled Water Irrigation Area.
Each Recycled Water Irrigation Area shall be entitled to receive the average irrigation requirement determined above, reduced by the percentage reduction required by the current stage of rationing. If the quantity of Recycled Water that is available is less than the quantity of water that the Recycled Water Irrigation Area is entitled to, Potable water shall be provided to make up the difference and satisfy the irrigation requirements of the Recycled Water Irrigation Areas to the same degree that the irrigation requirements of non-Project Golf Course and open space Users are being satisfied.
The
preceding sentence shall not apply to the extent that the irrigation
requirements of any Recycled Water Irrigation Area are met with water legally
available to Buyer from any source other than the Carmel River Ssystem
or the
When Recycled Water (as defined in Rule 23.5) is available in sufficient quantities to satisfy the irrigation requirements of the Recycled Water Irrigation Areas, such irrigation shall not be subject to Stages 5 Water Rationing and higher, and neither Potable water nor any water described in the preceding sentence (whether or not it is Potable) shall be used for irrigation of the Recycled Water Irrigation Areas except to the extent allowed in the circumstances described in the next two sentences.
If there is an Interruption in Recycled Water deliveries to any Recycled Water Irrigation Area (as the capitalized terms are defined in Rule 23.5), the temporary use of Potable water for irrigating each such Recycled Water Irrigation Area is authorized in the manner described in Rule 23.5, Subsection F.
If MPWMD has adopted an ordinance in response to any emergency caused by drought, or other threatened or existing water shortage pursuant to section 332 of the Monterey Peninsula Water Management Law, said ordinance shall prevail over contrary provisions of this Rule. Notwithstanding the preceding sentence, Potable water shall be made available for irrigating tees and greens of the Recycled Water Irrigation Areas in sufficient quantities to maintain them in good health and condition during an Interruption, without any limitation on the duration.
The District shall have no obligation to furnish Potable water for irrigation of the Recycled Water Irrigation Areas except in the circumstances set forth above in this Subsection L-9-b.
If (1) an emergency or major disaster is declared by the President of the United States, or (2) a state of war emergency, state of emergency, or local emergency, as those terms are respectively defined in Government Code section 8558, has been duly proclaimed pursuant to the California Emergency Services Act, with respect to all or any portion of the territory of MPWMD, the provisions of this Subsection L-9-b shall yield as necessary to respond to the conditions giving rise to the declaration or proclamation.
This Subsection L-9-b shall be of no force or effect until the Project Expansion is deemed Completed (as the capitalized terms are defined in Rule 23.5), and shall thereafter be operative and of full force and effect.
M. 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.
Section Ten: Amendment to Rule 166
Rule 166 shall
be amended as shown below, with added language as shown in bold italic type face,
and deleted language shown in strikeout type face.
RULE 166 - STAGE 6 WATER RATIONING
A. Stage 6 Water Rationing is
defined as the sixth stage in the Districts Expanded Water
Conservation and Standby Rationing Plan that responds to a drought situation or
other
threatened or existing emergency water supply shortage with a 35
percent reduction goal from system production limits. Reductions are achieved by water use cutbacks
by User Category and by
per-capita Wwater Rrations and a moratorium on
Water Permits that utilize Water Credits.
B. TRIGGER
Implementation
1. Water
Supply Limitation Trigger
Stage
6 Water Rationing shall apply to all Water Distribution Systems, private Wells,
or Water Users whose Source of Supply is derived from the MPWRS unless proof is provided to demonstrate
a superior, unimpaired water right to exempt the Water Distribution System,
private Well, or Water User from the Stage 4 rationing restrictions. Evidence of riparian water rights may be
established by a Declaration under penalty of perjury, unless it is refuted by
other proof. Stage 6 Water
Rationing shall become effective on June 1 or such earlier date as may be set by the Board following the Districts May Board
meeting if total usable storage in the MPWRS on May 1 is less than 15,615
Acre-Feet and greater than 9,610 Acre-Feet.
If total usable storage is equal to or greater than 27,807 Acre-Feet on
May 1, no water rationing shall be imposed.
2. Emergency
Implementation shall also occur following
urgency action by Resolution of the Board of Directors declaring that an
emergency situation exists and immediate 35 percent reductions in water use
from a distribution systems production limit are necessary to
ensure public health, safety or welfare.
C. SUNSET
OF STAGE 6 WATER RATIONING Sunset of Stage 6 Water Rationing
1. Water
Supply Availability
Stage 6 Water Rationing shall continue to have force and effect until
rescinded by Resolution of the Board of Directors upon a determination that the
total usable storage in the MPWRS is greater than 15,615 Acre-Feet. This determination will normally be made at
the Boards May meeting. However, a
determination to rescind Stage 6 Water Rationing as early as the following
January Board meeting can be made if the total usable storage in the MPWRS is
equal to or greater than 27,807 Acre-Feet on January 1.
2. In
the event total usable storage is greater than 27,807 Acre-Feet, the General Manager shall review California American Waters year-to-date
production. Upon compliance with the
monthly year-to-date goals specified in Table XV-1 of Rule 162 and, unless otherwise
specified in the Resolution rescinding Stage 6 Water Rationing, Water Users
shall revert to Stage 1 Water Conservation. If California American Waters year-to-date
production exceeds the year-to-date goal specified in Table XV-1 of Rule 162, California American Water Users shall
revert to Stage 2 or Stage 3 Water
Conservation.
3. Emergency
Upon
correction of a water supply limitation caused by an emergency, Stage 6 Water
Rationing shall be rescinded by Resolution of the Board of Directors.
D. AFFECTED
WATER USERS Affected Water Users
Stage
6 Water Rationing shall apply to all Water Distribution Systems, private Wells,
or Water Users within the Monterey Peninsula Water Resource System unless
specifically exempt by action of the Board of Directors or unless proof is
provided to demonstrate a superior, unimpaired water right to exempt the Water
Distribution System, private Well, or Water User from the Stage 4 rationing
restrictions. Evidence
of riparian water rights may be established by a Declaration under penalty of
perjury, unless it is refuted by other proof.
. As necessary to ensure
adequate water supplies, the Board of Directors may act within its discretion to
authorize activation of Stage 6 Water Rationing within one or
more Water Distribution Systems in the District.
E. Requirements
imposed by implementation of the Expanded Water Conservation and Standby
Rationing Plan through Stage 5 Water Rationing shall remain in
force. Requirements may be modified or
superseded by actions taken in this or future stages of the Expanded Water
Conservation and Standby Rationing Plan.
F. MORATORIUM
Moratorium
On
October 1 Immediately following implementation declaration
of Stage 6 Water Rationing, the District shall suspend the issuance acceptance
of all Water Permits
applications
that utilize a public or private Water Use Credit. All pending Water Permits not issued within
120 days of declaration shall be suspended.
G. REDUCTION
GOAL Reduction Goal
Stage
6 Water Rationing achieves water use reductions of 35 percent
of the California American Water and non-California American Water system
production limits in each User Category as follows: Residential single-family and
multi-family, Commercial/Industrial, Public Authority, Golf Course, Other,
Non-Revenue Metered Uses, and Reclaimed Water Users.
H. NOTICE
Notice
1. California American Water shall provide
written notice of mandatory water rationing to every residence and to every
Non-Residential business or Water User within the California American Water system via
first-class mail at least thirty (30) days before the first day of
rationing.
Further, California American Water
shall send monthly reminders of water rationing in the water bill along with
information showing the Users Wwater Rration,
and the quantity of the Wwater Rration consumed by
the Responsible Party, and
the quantity of water available in the Users Water Bank. Finally, California American Water
shall provide each Responsible Party with a survey form update
survey information upon request.
2. All
other
Water Distribution System Operators
affected by Stage 6 Water Rationing shall provide written notice of mandatory
water rationing to every residence and to every Non-Residential business or Water User within the Water Distribution
System via first-class mail at least thirty (30) days before the first day of
rationing.
Further, the Water Ddistribution Ssystem Ooperator shall
send monthly reminders of water rationing in the water bill along with
information showing the Wwater Rration and the
quantity of the Wwater Rration consumed by the Water
User the Responsible Party.
Finally, the Water Distribution System
Operator shall provide each Responsible Party with a survey form at least once
each calendar year. Water Distribution
System Operators shall ensure that notices provided or required by the District
shall be distributed to the system Water Users.
3. The
District shall notify contact all Water Users of private Wells (Single-Parcel
Connection Systems) not supplying water to a distribution system
within the MPWRS at least thirty (30) days before
the first day of Stage 6 Water Rationing. Notice Contact shall be via
first class mail and shall explain the requirements for restrictions
placed on the use of private Wells during Stage 6 Water Rationing and shall
provide and/or request additional information from the private Well Owner as
deemed necessary for the efficient operation of the rationing program.
4.
5.
I. RATIONS
BY CATEGORY Rations by Category
Water
Rrations shall be determined by User Category. Each Water User within the Monterey Peninsula
Water Resource System shall be classified in one of the following groups: Residential single-family and
multi-family, Commercial/Industrial, Public Authority, Golf Course, Other,
Non-Revenue Metered Use, and Reclaimed Water Users.
J. REDUCED
Reduced Annual
The
California American Water annual production
limit shall be reduced by 35 percent during Stage 6 Water Rationing. The resulting production limit shall be
further reduced by a water rationing contingency determined by
the Board. Seven (7) percent of the
remainder shall be the maximum California American Water Unaccounted For
Water Use ration. The remaining water
shall be the California American Water annual
production limit for all User Categories.
K. NON-CALIFORNIA
AMERICAN WATER ANNUAL PRODUCTION LIMITS DURING STAGE 6 WATER RATIONING Non-California
American Water Annual Production Limits During Stage 6 Water Rationing
Available
production for other Water Distribution Systems subject to Stage 6 Water Rationing
shall be determined using the same methodology as for California American Water without
including a deduction for Unaccounted For Water Uses. The non-California American Water annual
production limit for the Monterey Peninsula Water Resource System shall be used
as the maximum production limit.
L. ESTABLISHING
RATIONS Establishing the Rations
Rations
for each User Category shall be determined by the General Manager by dividing the reduced
available production by the percentage of use and by taking into consideration
Residential water needs to ensure health, safety and welfare. The percentage of use for each User Group
Category
shall be determined by the most recent unrationed reporting Water
Yyear
(July October 1 through September June 30) data provided by California American Water for Water Users
of that portion of California American Water that derives
water from the MPWRS, and by data provided by the District from its annual Well reporting
program for non-California American Water Distribution
Systems.
All
Water Users shall be rationed by User Category as outlined in Rule 165 (Stage 5 Water Rationing).
M. The
Board shall reconsider 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 Reclaimed Recycled Water, when available,
shall not be restricted by this requirement.
N. Elimination
or modification of commercial/industrial variances for Best Management Practices.
The
General Manager shall be authorized to
require a percentage reduction of all commercial/industrial Water Users granted
a variance for complying with BMPs for the type of use. The amount of the percentage reduction shall
be determined by the General Manager following review of the success of
commercial/industrial rationing during Stage 5 Water Rationing prior to Stage 6 Water Rationing.
O. All
Water Users shall cease operation and maintenance of all ornamental water uses
(fountains, ponds, etc.) that use water from the affected water supply
system(s). Ornamental water uses
supplied with water from other sources shall clearly display information about
the source of water on or immediately adjacent to the use;
P. PROHIBITION
ON USE OF WATER FOR DUST CONTROL Prohibition on Use of Water for
Dust Control
The use of water from the Monterey Peninsula Water
Resource System shall be prohibited for dust control purposes, except by prior
approval of the General Manager. Decisions
of the General Manager shall be final.
Section Eleven: Amendment to Rule 167
Rule 167 shall
be amended as shown below, with added language as shown in bold italic type face,
and deleted language shown in strikeout type face.
RULE 167 - STAGE 7 WATER RATIONING
A. Stage 7
Water Rationing is defined as the seventh stage in the Districts Expanded Water
Conservation and Standby Rationing Plan that responds to a drought situation or
other
threatened or existing emergency water supply shortage with a 50
percent reduction goal from system production limits. Reductions are achieved by water use cutbacks
by User Category and by
per-capita Wwater Rrations and a moratorium on
Water Permits that utilize Water Credits.
B. TRIGGER
Implementation
1. Water
Supply Limitation Trigger
Stage
7 Water Rationing shall apply to all Water Distribution Systems, private Wells,
or Water Users whose Source of Supply is derived from the MPWRS unless proof is provided to
demonstrate a superior, unimpaired water right to exempt the Water Distribution
System, private Well, or Water User from the Stage 4 rationing restrictions. Evidence of riparian water rights may be
established by a Declaration under penalty of perjury, unless it is refuted by
other proof. Stage 7 Water
Rationing shall become effective on June 1 or such earlier date as may be set by the Board following the
Districts May Board meeting if total usable storage in the MPWRS on May 1 is
less than 9,610 Acre-Feet. If total
usable storage is equal to or greater than 27,807 Acre-Feet on May 1, no water
rationing shall be imposed.
2. Emergency
Implementation shall also occur following
urgency action by Resolution of the Board of Directors declaring that an
emergency situation exists and immediate 50 percent reductions in water use
from a distribution systems production limit are necessary to ensure public health, safety or welfare.
C. SUNSET
OF STAGE 7 WATER RATIONING Sunset of Stage 7 Water Rationing
1. Water
Supply Availability
Stage
7 Water Rationing shall continue to have force and effect until
rescinded by Resolution of the Board of Directors upon a determination that the
total usable storage in the MPWRS is greater than 9,610 Acre-Feet. This determination will normally be made at
the Boards May meeting. However, a
determination to rescind Stage 7 Water Rationing as early as the following
January Board meeting can be made if the total usable storage in the MPWRS is
equal to or greater than 27,807 Acre-Feet on January 1.
2. In
the event total usable storage is greater than 27,807 Acre-Feet, the General Manager shall review California American Waters year-to-date
production. Upon compliance with the
monthly year-to-date goals specified in Table XV-1 of Rule 162 and, unless otherwise
specified in the Resolution rescinding Stage 7 Water Rationing, Water Users
shall revert to Stage 1 Water Conservation. If California American Waters year-to-date
production exceeds the year-to-date goal specified in Table XV-1 of Rule 162, California American Water Users shall
revert to Stage 2 or Stage 3 Water
Conservation.
3. Emergency
Upon
correction of a water supply limitation caused by an emergency, Stage 7 Water
Rationing shall be rescinded by Resolution of the Board of Directors.
D. AFFECTED
WATER USERS Affected Water Users
Stage 7 Water Rationing shall apply to
all Water
Distribution Systems, private Wells, or Water Users within the Monterey
Peninsula Water Resource System unless specifically exempt by action of the
Board of Directors or unless proof is provided to demonstrate a superior,
unimpaired water right to exempt the Water Distribution System, private Well,
or Water User from the Stage 4 rationing restrictions. Evidence of riparian water rights may be
established by a Declaration under penalty of perjury, unless it is refuted by
other proof. As necessary to
ensure adequate water supplies, the Board of Directors may act within its
discretion to authorize activation of Stage 7 Water Rationing within one or
more Water Distribution Systems in the District.
E. Requirements
imposed by implementation of the Expanded Water Conservation and Standby
Rationing Plan through Stage 6 Water Rationing shall remain in
force. Requirements may be modified or superseded by actions
taken in this or future stages of the Expanded Water Conservation and Standby
Rationing Plan.
F. REDUCTION
GOAL Reduction Goal
Stage
7 Water Rationing achieves water use reductions of 50 percent of the California American Water and non-California American Water system
production limits in each User Category as follows: Residential single-family and
multi-family, Commercial/Industrial, Public Authority, Golf Course, Other,
Non-Revenue Metered Uses, and Reclaimed Water Users.
G. NOTICE
Notice
1. California American Water shall provide
written notice of mandatory water rationing to every residence and to every
Non-Residential business or Water User within the California American Water system via
first-class mail at least thirty (30) days before the first day of rationing.
Further, California American Water
shall send monthly reminders of water rationing in the water bill along with
information showing the Users Wwater Rration,
and the quantity of the Wwater Rration consumed by
the Responsible Party, and
the quantity of water available in the Users Water Bank. Finally, California American Water
shall provide each Responsible Party with a survey form update
survey information upon request.
2. All
other
Water Distribution System Operators
affected by Stage 7 Water Rationing shall provide written notice of mandatory
water rationing to every residence and to every Non-Residential business or Water User within the Water Distribution
System via first-class mail at least thirty (30) days before the first day of
rationing.
Further, the Water Ddistribution Ssystem
Ooperator shall
send monthly reminders of water rationing in the water bill along with
information showing the Wwater Rration and the
quantity of the Wwater Rration consumed by the Water
User Responsible Party.
Finally, the Water Distribution System Operator
shall provide each Responsible Party with a survey form at least once each
calendar year. Water Distribution
System Operators shall ensure that notices provided or required by the District
shall be distributed to the system Water Users.
3. The
District shall notify contact all Water Users of private Wells (Single-Parcel
Connection Systems) not supplying water to a distribution system
within the MPWRS at least thirty (30) days before
the first day of Stage 7 Water Rationing. Contact Notice shall be via first
class mail and shall explain the requirements for restrictions
placed on the use of private Wells during Stage 7 Water Rationing and shall
provide and/or request additional information from the private Well Owner as
deemed necessary for the efficient operation of the rationing program.
4.
5.
H. RATIONS
BY CATEGORY Rations by Category
Water
Rrations shall be determined by User Category. Each Water User within the Monterey Peninsula
Water Resource System shall be classified in one of the following groups: Residential single-family and
multi-family, Commercial/Industrial, Public Authority, Golf Course, Other,
Non-Revenue Metered Use, and Reclaimed Water Users.
I. REDUCED
Reduced Annual
The
California American Water annual
production limit shall be reduced by 50 percent during Stage 7 Water Rationing. The resulting production limit shall be
further reduced by a water rationing contingency determined by
the Board. Seven (7) percent of the
remainder shall be the maximum California American Water Unaccounted For
Water Use ration. The remaining water
shall be the California American Water annual
production limit for all User Categories.
J. NON-CALIFORNIA AMERICAN WATER ANNUAL
PRODUCTION LIMITS DURING STAGE 7 WATER RATIONING Non-California American Water Annual
Production Limits During Stage 7 Water Rationing
Available
production for other Water Distribution Systems subject to Stage 7 Water
Rationing shall be determined using the same methodology as for California American Water without
including a deduction for Unaccounted For Water Uses. The non-California American Water annual
production limit for the Monterey Peninsula Water Resource System shall be used
as the maximum production limit.
K. ESTABLISHING
RATIONS Establishing the Rations
Rations
for each User Category shall be determined by the General Manager by dividing the reduced available
production by the percentage of use and by taking into consideration
Residential water needs to ensure health, safety and welfare. The percentage of use for each User Group
Category
shall be determined by the most recent unrationed reporting Water
Yyear (July October 1 through June
September
30) data provided by California American Water for Water Users
of the California American Water Distribution
System that derives water from the MPWRS, and by data provided by the District from its annual Well reporting program for non-California American Water Distribution
Systems.
All Water Users shall be rationed by User
Category as outlined in Rule 165 (Stage 5 Water Rationing).
L. The
Board shall reconsider adopting
restrictions on Non-Residential outdoor water use that may include any or all of the following
not adopted during Stage 6 Water Rationing: 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 Reclaimed Recycled Water, when available,
shall not be restricted by this requirement.
M. ELIMINATION
OR MODIFICATION OF COMMERCIAL/INDUSTRIAL VARIANCES FOR BEST MANAGEMENT PRACTICES Elimination or Modification of
Commercial/Industrial Variances for Best Management Practices
The
General Manager shall be authorized to require a percentage reduction of all
commercial/industrial Water Users granted a variance for complying with BMPs
for the type of use. The amount of the
percentage reduction shall be determined by the General Manager following review of the
success of commercial/industrial rationing during Stage 6 Water Rationing prior to Stage 7
Water Rationing.
N. PROHIBITION
ON THE USE OF PORTABLE WATER METERS AND HYDRANT METERS Prohibition
on the Use of Portable Water Meters and Hydrant Meters
Water Users utilizing portable water meters or hydrant
meters shall be required to cease use of water from the affected water supply
system(s). Each Water User reporting as Other
by the distribution system shall be notified by the Water Ddistribution
Ssystem
Operator of this requirement. Portable water meters shall be returned to
the water company at least 30 days before the implementation of Stage 7 Water
Rationing.
Section Twelve: Amendment to Rule 168
Rule 168 shall
be amended as shown below, with added language as shown in bold italic type face,
and deleted language shown in strikeout type face.
RULE 168 - WATER BANKS
A. Water
Banks shall be available to each Water User during Stages 5 through 7
Water Rationing. A Water Bank shall allow each Water User to
accrue the unused portion of a monthly Water Rration for use in
the current calendar Rationing Yyear.
B. Water
Banks shall be reset to zero on January 1 the first day of each Rationing
Yyear. Ten (10) percent
of the remaining Water Bank on December 31 shall be credited to the
following years Water Bank for three months to allow the establishment of a
new bank.
C. On
April 1, each The Water Bank shall be reduced on
the
first day of the fourth month of the Rationing Year by the amount of
banked water carried over on January 1. Water Banks may not carry less than a zero a
negative balance.
Section Thirteen: Amendment to Rule 169
Rule 169 shall
be amended as shown below, with added language as shown in bold italic type face,
and deleted language shown in strikeout type face. Rule
169-D shall be deleted in its entirety due to the implementation of Ordinance
No. 133, amending District Regulation XI, Enforcement.
RULE 169 - WATER RATIONING VARIANCE
A. The
General Manager shall assign additional
water beyond the Water Rration established in Stage 45 Water Rationing through
Stage 7 Water Rationing in the following circumstances upon submittal of the
appropriate variance request form and fees.
B. The
following variances shall be considered for additional water during Stages 45
through 7 Water Rationing.
1. Medical
and/or sanitation needs certified by a doctor;
2. Hospital
and/or health care facilities that have achieved all Best Management Practices for those uses;
3. Drinking
water for large livestock;
4. Commercial/Industrial
Uusers
that can demonstrate compliance with all BMPs appropriate for the type of use
and where there is minimal exterior water use on the water meter or water
supply serving the use;
5. Leaks,
when an invoice is provided by a licensed plumber or contractor;
6. Commercial
laundromats with signs advising full loads only;
7. Business
in a home on a case-by-case basis;
8. Riparian
irrigation when required as a condition of a riverbank restoration Permit issued by the District or as a condition of a riverbank
erosion protection Permit issued by the District.
9. Emergency,
extreme, or unusual situations on a case-by-case basis;
C. NO VARIANCE No Variance
The following categories of water use shall not qualify for
special consideration under the provisions of this Rregulation:
1. Visitors
other than those occupying Short-Term Residential Housing as defined in Rule 11
(Definitions) when the property owner has submitted a completed survey form with the applicable
information about the occupancy of the Site;
2. Irrigation,
other than variances allowed by Rule 169-B-8 of this Rregulation.
3. Filling
spas, ponds, fountains, etc.;
4. Long-term
leaks that are not repaired after reasonable notice.
D. Waiver
of Excess Fees by Variance Application
Any
qualifying Water Uuser may seek to have all or part of the Water
Waste fee for excess water use waived or forgiven through the Rationing
Variance process set forth in this Rule.
Any Water User may seek relief from the Water Waste fee upon substantial evidence
that the excess water use was beyond the Users control, and was not reasonably
correctable in a timely fashion due to special and unique circumstances. Due diligence must be shown to forgive any
Water Waste caused by a leak; under no circumstance shall a leak justify the
forgiveness of an excess use fee for more than three billing periods. The Applicant shall further demonstrate that
all reasonable means have been taken to conserve water and minimize future
water use.
1. The
General Manager or his agent may grant
any application to waive Water Waste fees upon submittal of the appropriate
evidence to warrant a variance. All
Applicants for variance shall submit the appropriate Variance Request Form and
processing fee. Any action to waive a
Water Waste fees shall be recorded in writing and include a written explanation
to substantiate and justify the waiver;
2. Although
inspections shall not be required in all cases, District staff shall use spot or random
inspections as necessary to verify an Applicants eligibility for a water
rationing variance.
3.
Each Person making written application for a variance shall
be notified in writing of the disposition of their application. Decisions of the General Manager are final.
Section Fourteen: Amendment to Rule 170
Rule 170 shall
be amended as shown below, with added language as shown in bold italic type face,
and deleted language shown in strikeout type face.
RULE 170 - WATER USE SURVEY
A. STAGE
1 WATER CONSERVATION SURVEY Stage 1 Water Conservation Survey
1. conduct maintain a confidential survey of
all Water Users of the California American Water system that
derive their Source of Supply from the MPWRS. This survey
shall be required upon the effective date of this regulation. The survey
shall request information to determine the number of Permanent Residents in
each Dwelling Unit and the lot size of each Residential Site with permitted
water service; the types of uses and amount of water use on Non-Residential
Sites; and the number of Users and types of use(s) served by each water
meter. Only information deemed
appropriate for the effective operation of this program will be requested.
2. California American Water shall conduct
the survey within 45 days of the effective date of Stage 1 Water Conservation.
Survey forms shall be completed by the Responsible Party and returned to California American Water within 30 days
of mailing. The District shall have visual access
to this data during Stages 1 through 3 Water Conservation and shall be provided
with a summary of the results of the survey by census tract annually
within 105 days of the effective date of Stage 1 Water Conservation. California American Water shall maintain
survey information by census tract and shall provide unrestricted access
to individual water use records in compliance with District Rule 42when
the District is actively investigating a variance, appeal or other rationing conservation
program action.
B. STAGE
4 WATER RATIONING SURVEY Stage 4 Water Rationing Survey
1. The
General Manager shall conduct a survey of
MPWRS Water Users not supplied by deriving their Source of Supply from California American Water prior to the effective
date of Stage 5 Water Rationing. The survey shall
request information to determine the number of Permanent Residents in each Dwelling Unit and the lot size of each
Residential Site with permitted water use; the types of uses and amount of
water use on Non-Residential Sites; and the number of Users and types of use(s)
served by each water meter or Connection. Only information deemed appropriate for the
effective operation of this program will be requested.
2. The
District shall mail the survey form to MPWRS Water Users not supplied water
by California American Water. Survey forms
shall be completed by the Responsible Party and returned to the District within
30 days of mailing. The District shall
preserve the confidentiality of this survey data.
3. Failure to complete and submit a survey shall result in a minimal ration. For Residential Water Users the minimal ration shall be a ration for one (1) person. For Non-Residential Water Users the minimal ration shall two (2) units per month.
C. ADMINISTRATION
OF SURVEY DATA Administration of Survey Data
1.
California American Water shall maintain
survey data for all MPWRS Water Users supplied water by California American Water and shall
provide the District with access to all data in compliance with District Rule
42. California American Water shall provide
the District with an annual summary of survey information, or more frequently
as required by the General Manager. California American Water and
MPWMD shall preserve the confidentiality of survey data.
2. Non-California American Water Users
During
Stage 5 Water Rationing through Stage 7
Water Rationing, the District shall maintain survey data for all MPWRS
Water Users not supplied water from non-by California American Water sources
subject to those stages.
3. A
full or partial survey may be conducted as deemed necessary by
the District to maintain accurate data.
4. District
staff shall maintain the confidentiality of California American Water and non-California American Water Residential all customer survey
data. Violations of this provision
shall be enforced as a misdemeanor under District law.
D. REPORTING
Reporting
1. Responsibility
of Water User
a. Each
Responsible Party shall be responsible
for accurately reporting the number of Permanent Residents in the Dwelling Unit(s) or Units or
other information deemed appropriate for the effective operation of the program
as requested on the survey form.
b. Upon
activation of a water meter, each Responsible Party shall complete a survey
form.
i.
ii. Non-California
American Water Users. The
completed survey form shall be submitted to the District or its agent by all
other distribution systems Users required to complete a survey form during
Stage 54 Water Rationing through Stage 7 Water Rationing.
c. All
Responsible Parties shall submit revised survey forms whenever there is a
change in the number of Permanent Residents in a Residential Dwelling Unit or
whenever there is a change in a water User Category in Non-Residential
uses. Revised survey forms should be
submitted to the appropriate party as indicated in Rule 170-D-1-b.
d. Property
owners of Short-Term Residential Housing rentals shall provide information
about the average number of annual occupants and the average rate of occupancy
to the appropriate party as indicated in Rule 170-D-1-b.
2.
Intentional Misrepresentation
Violation
Any Water User intentionally
over-reporting the number of Permanent Residents in a Dwelling Unit or other
information pertinent to establishing a wWater Rration during Stages 4, 5, 6 and 7 Water Rationing may be charged with a misdemeanor punishable as an
infraction as provided by Section 256 of the Monterey Peninsula Water Management
District Law, Statutes of 1981, Chapter 986.
Violations carry a maximum penalty of up to $250 for each offense. Each separate day or portion thereof during
which any violation occurs or continues without a good-faith effort by the
responsible Water User to correct the violation, may be deemed to constitute a
separate offense, and upon conviction thereof, may be separately punishable.
Alternatively,
the
District may pursue any remedy set forth in Regulation XI, Enforcement, to
address the intentional over-reporting of the number of Permanent Residents in
a Dwelling Unit or other information pertinent to establishing a Water Ration
during Stages 5, 6 and 7 Water Rationing.
3. Additional
Enforcement Penalties for Misreporting
In
addition to any charge for
misrepresenting information as provided in Rule 170-D-2, any or all of the
following may be further imposed by the General Manager or his agent during
Stages 4, 5, 6 and
7 Water Rationing where the violation occurs and continues without a
good-faith effort by the responsible Water User to correct the violation. Decisions pursuant to this rule are
appealable under Rule 70 (Appeals) pursuant to Regulation XI.
a. Intentional
misrepresentation may be considered a violation of the Water Waste provisions and shall subject
the Water User to a fee for Water Waste fine;
and/or
b. Intentional
misrepresentation may cause the loss of any Water Bank accrued and shall cause the Responsible Party to be ineligible to
accrue a Water Bank for a period of sixty (60) months; and/or
c. Intentional
misrepresentation may cause the assignment of a reduced wWater Rration that may be as low as a ration for one person for a period of twelve (12) months
following implementation of Stages 4, 5, 6 or 7 Water Rationing.
Alternatively,
the
District may pursue any remedy set forth in Regulation XI, Enforcement, to
address the intentional over-reporting
of the number of Permanent Residents in a Dwelling Unit or other
information pertinent to establishing a Water Ration during Stages 5, 6 and 7
Water Rationing
4. Audit
The District may periodically
audit the survey data for accuracy. Upon
question, the District may request additional evidence of residency to
demonstrate the number of Permanent Residents at that Site as defined in Rule
11 (Definitions).
Section Fifteen: Amendment to Rule 171
Rule 171 shall
be amended as shown below, with added language as shown in bold italic type face,
and deleted language shown in strikeout type face.
RULE 171 - WATER WASTE FEES AND NON-ESSENTIAL WATER USE ENFORCEMENT
A. Each
occurrence of Water Waste or Non-Essential Water Use, as those terms
are defined by Rule No. 11 (Definitions), which continues after the Water User has had reasonable notice to
cease and desist that type of water use shall constitute a Flagrant Violation.
B. A
$50 fee per day or portion thereof shall be assessed for each Flagrant
Violation of Water Waste or Non-Essential Water Use. The fee shall accumulate daily until the
occurrence is corrected.
C. A
$150 fee per day or portion thereof shall be imposed for each subsequent
occurrence (including multiple occurrences) of Water Waste or Non-Essential
Water Use which occurs within 18 months of the first occurrence. The fee shall accumulate daily until the
occurrence is corrected.
D. All
fees shall be paid within 30 days.
E. Within
the 30 day period, a Water User may seek waiver or forgiveness of all or
part of the Water Waste fees on the basis of hardship. The Water User must provide the District with a written explanation as to
why the fees should not be collected.
Staff shall be authorized to determine whether or not fees should be
waived in full or in part, with the final decision resting with the General Manager.
F. After
30 days, fees which have not been paid or waived may result in a lien being
placed on the property served by the water account.
GB. Repeated
occurrences orf Water Waste or Non-Essential Water
Use, which continue or occur after the Water User
has had a reasonable notice to cease and desist that type of water use, or
which continues or occurs after the Water User has had a reasonable opportunity
to cure any defect causing that type of water use, shall provide cause for the
placement of a Flow Restrictor with a maximum flow rate of 6 ccf/month
within the water line or water meter.
C.
Water
Waste, Non-Essential Water Use, and Flagrant Violation fine enforcement shall
be governed by Regulation XI unless otherwise indicated.
H.
Decisions pursuant to this rule are appealable
under Rule 70 (Appeals).
Section Sixteen: Amendment to Rule 172
Rule 172 shall
be amended as shown below, with added language as shown in bold italic type face,
and deleted language shown in strikeout type face.
RULE 172 LANDSCAPE WATER AUDITS
A. Landscape
Water Audits shall be conducted under the supervision of an individual who has
been certified by the Irrigation Association to conduct audits and establish
Landscape Water Budgets. Each audit
shall be signed by that Person, who shall attest that the audit was performed
under his/her direction.
B. Landscape
Water Audits and Landscape Water Budgets shall be offered by the District and/or
California American Water or their agent
free of charge to all Water Users of California American Water with Dedicated
Irrigation Meters, large irrigated areas over three acres, and Large
Residential Water Users. Water use
records shall be reviewed annually by rule. California American Water shall provide
the District with copies of all completed Landscape Water Audits and Landscape
Water Budgets.
1. California American Water Users shall be
required to obtain Landscape Water Audits and establish Landscape Water Budgets
if the property:
a. Has
a Dedicated Irrigationed Meter; or
b. Is
an irrigated area of greater than three acres; or
c. Is
a Large Residential Water User.
2. All
Landscape Water Budgets must be prepared by an individual certified by the Irrigation
Association.
3. All
Water Users required to complete a Landscape Water Audit and establish a
Landscape Water Budget shall have the option of obtaining a Landscape Water
Audit and Landscape Water Budget from a Landscape Irrigation Auditor of their choice
at their own expense if the auditor is certified by the Irrigation Association.
4. Landscape
Water Audits not conducted by the District and/or California American Water shall be
reported on a Landscape Water Budget Application. Landscape Water Budget Applications shall be
submitted to California American Water.
California American Water shall forward a copy to the District within
ten (10) days. Landscape Water Audits
not performed by the District or California American Water are subject to
review and acceptance by the District.
Landscape Water Audits and Landscape Water Budgets rejected by the
District may be appealed to the Board of Directors pursuant to Rule 70 (Appeals).
5. Landscape
Irrigation Auditors shall arrange On-Site visits to compile water records to
review historic use, measure irrigated Sites, identify plant materials by
general groups, determine irrigation water requirements, and estimate potential
dollar and water savings. Landscape
Irrigation Auditors shall also develop system testing strategies, check
pressure and flow rates, and conduct water application distribution tests. Data shall be collected to determine
irrigation uniformity and efficiency.
Soil samples shall be examined to determine soil types and root zone
depths. Landscape Irrigation Auditors shall observe system operations, locate
irrigation zones, prepare Site audit maps and visually identify
broken or misaligned equipment. All data from field tests shall be summarized
and this information used to generate monthly irrigation base schedules. A copy
of the Landscape Water Budget Application shall
be provided to the Water User. One copy
of the Landscape Water Budget Application shall be submitted to California
American Water. California American
Water shall forward a copy to the District within ten (10) days.
5. Audit
a. An On-Site Landscape Irrigation Audit shall be
completed or overseen by a Certified Landscape Irrigation Auditor (CLIA) and
shall include evaluation and documentation of the following:
(1) Visual
and physical evaluation of Irrigation System.
(2) Description
of the type(s) of Irrigation System contained on the property.
(3) Location
of problems with Irrigation System which may be contributing to excessive water
use.
(4) Condition
and performance of the following:
Points of connection
Backflow devices(s)
Valves
Piping (to include mains and laterals)
Control system
Sprinklers/emitters
System coverage
(5) Landscaped
areas irrigated by each valve/zone/running station.
(6) Plant
materials, plant hydrozone compatibility, soil type, Irrigation System
operating pressure, irrigation water requirements, and efficiency for each zone
(7) Site map, photographs and or a detailed
zone description summary including: Zone
location, zone efficiency, sprinkler type and zone comments.
b. Upon
completion of an On-Site audit, the Irrigation System data shall be analyzed
and compiled into a usable, written report that shall include at least the
following:
(1) Calculation
and determination of Site Landscape Water Budget using the Irrigation
Association Water Requirement (WR) calculation, as follows:
WR = ETo x KL x A
DU x
Ewm x Cu
Where:
WR = Water
Requirement[1]
ETo = Reference
Evapotranspiration (inches per year)[2]
KL = Landscape Coefficient
A = Area
(square feet)
Cu = Conversion
Factor (convert to CCF = 1,200)
Ewm = Management
Efficiency[3]
DU = Distribution
Uniformity
(2) The budget shall include calculations for
each of the following hydrozones assuming they are present in the landscape.
·
Cool season turf (.8)
·
Warm season turf (.6)
·
All other vegetation (.5)
(3) Monthly irrigation schedule.
(4) Condition
and functionality of existing Irrigation System.
(5) Recommendations
for improvements to Landscape material and Irrigation System (to include
Smart irrigation technology and information about Rebates available).
(6) Estimate
of water and money savings potential, including cost estimates for recommended
improvements.
(7) Site
map and or a detailed zone description summary which identifies relevant Irrigation
System details, including valves/zones, and sprinkler/emitter types for each
zone.
The following minimum criteria
will be used to establish the hydrozone distribution uniformity:
|
Type of Zone |
Minimum Distribution
Uniformity (DU) |
|
Fixed Spray |
50% |
|
Rotor |
60% |
|
Stream Rotor |
60% |
|
Impact |
60% |
|
Micro Spray |
80% |
|
Drip - Standard |
80% |
|
Drip Pressure Compensating |
80% |
|
Bubbler Standard |
80% |
|
Bubbler Pressure Compensating |
80% |
The
following Landscape Coefficients (species factors) shall be used:
|
Type of Vegetation |
Coefficient |
|
Cool Season Turf |
0.80 |
|
Warm Season Turf |
0.60 |
|
All Other Landscape
Vegetation |
0.50 |
6. California American Water shall provide quarterly
compliance monthly status notices to each Water User required to follow a mandatory
Landscape Water Budget.
C. MODIFICATIONS
TO AUDITED LANDSCAPES Modifications To Audited Landscapes
Following
significant modification to an existing audited landscape, a new Landscape
Water Audit shall be conducted to establish an appropriate Landscape Water
Budget. It shall be the responsibility
of the property owner to ensure that a Landscape Water
Audit is conducted within 60 days of any such change and to submit a new
Landscape Water Budget Application to California American Water.
D. REPORTING
AND ANALYSIS Reporting and Analysis.
California American Water shall preserve
water use records and budgets for Water Users subject to this Rule provision
of law for such time as the Expanded Water Conservation and Standby
Rationing Plan remains effective.
Updated Landscape Water Budgets shall supersede previous data. Monthly during Stages 2 and above, During
Stages 2 and 3, California American Water shall provide the District with
monthly consumption reports for all customers with Landscape Water Budgets.
E. LANDSCAPE
IRRIGATION RESTRICTIONS IN THE Landscape
Irrigation Restrictions in the California American Water system that
derives its Source of Supply from the MPWRS.
Unless
watering is by drip irrigation, through a hand-held hose
with a Positive Action Shut-Off Nozzle, or
performed by a professional gardener or landscaper, the following schedule
shall apply:
1. Odd
Numbered Properties shall water after 5 p.m. or before 9 a.m. on Saturdays and
Wednesdays only. This schedule shall
also apply to properties located on the South or West side of the street in
cities where no street address is available.
2. Even
Numbered Properties shall water after 5 p.m. or before 9 a.m. on Sundays and
Thursdays only. This schedule shall also
apply to properties located on the North or East side of the street in cities
where no street address is available.
Section Seventeen: Amendment to Rule 173
Rule 173 shall
be amended as shown below, with added language as shown in bold italic type face,
and deleted language shown in strikeout type face.
RULE 173 - REGULATION OF
A. No
Person, Extractor, Owner or Operator shall operate a Mobile Water
Distribution System without first securing a written Permit from the District.
In accordance with Monterey County Code (e.g., Title 15.20), no
applications will be accepted or permitted for bulk hauled water for permanent
Potable use. Applications for
establishment of a Mobile Water Distribution System shall be made pursuant to
Rule 22 (Action On Application For Permit To Create/Establish A Water Distribution System)
and shall be investigated, considered, determined, and acted upon on the same
terms and conditions as provided for the approval, conditional approval or
denial of a creation establishment Permit as stated in that rule. The application shall identify each Source of Supply and the location of each
use. For any Sub-potable Mobile Water
Distribution System within the California-American Water Company Service Area, a condition of approval
shall require that California American Water be notified so
that a back-flow protection device can be installed pursuant to Monterey County
Code.
B. In
the event prior authorization is not obtained by reason of an emergency or
health related situation, authorization for the Mobile Water Distribution System Permit
shall be sought from the District by submittal of a complete application
compliant with Rule 21, within five working days following commencement of the
emergency or health related event.
C. Delivery
and/or receipt of water from an unpermitted Mobile Water Distribution System
shall be deemed Water Waste, and shall be
subject to fine, restriction, and cease and desist order as set forth in Rule
171 and
Regulation XI.
Section Eighteen: Amendment to Rule 174
Rule 174 shall
be amended as shown below, with added language as shown in bold italic type face,
and deleted language shown in strikeout type face.
RULE 174 - REGULATION OF WELL OWNERS OR
OPERATORS AND EXTRACTORS
A. During a Water Supply Emergency, each Owner or Operator or Extractor of a private water Well, Water Distribution System,
or other Water-Gathering Facility shall comply
with the provisions of this Rregulation, as they relate to
such Well, Water Distribution System or other Water-Gathering Facility unless
specifically exempt by action of the Board of Directors.
Section Nineteen: Amendment to Rule 175
Rule 175 shall
be amended as shown below, with added language as shown in bold italic type face,
and deleted language shown in strikeout type face.
RULE 175 - WATER RATIONING ENFORCEMENT
A. ENFORCEMENT
DURING STAGES 5 THROUGH 7 WATER RATIONING Enforcement During Stages
4 through 7 Water Rationing
For
this Rule, the administrative fines for Stages 5 through 7 water rationing set
forth in the tables below and referenced in this Rule shall control and be
amended from time to time by Resolution duly adopted by the MPWMD Board of
Directors.
Violation
levels shall be based upon violation history for the preceding 12 months and
the rationing condition stage.
STAGE 5
|
Meter Size |
1st Offense |
2nd Offense |
3rd Offense |
4th Offense |
|
1 and Less |
Courtesy Notice |
$20 |
$40 |
$40 |
|
>1 to 2 |
Courtesy Notice |
$40 |
$80 |
$80 |
|
> 2 |
Courtesy Notice |
$80 |
$160 |
$160 |
STAGE 6
|
Meter Size |
1st Offense |
2nd Offense |
3rd Offense |
4th Offense |
|
1 and Less |
Courtesy Notice |
$25 |
$50 |
$50 |
|
>1 to 2 |
Courtesy Notice |
$50 |
$100 |
$100 |
|
> 2 |
Courtesy Notice |
$100 |
$200 |
$200 |
STAGE 7
|
Meter Size |
1st Offense |
2nd Offense |
3rd Offense |
4th Offense |
|
1 and Less |
Courtesy Notice |
$50 |
$100 |
$100 |
|
>1 to 2 |
Courtesy Notice |
$100 |
$200 |
$200 |
|
> 2 |
Courtesy Notice |
$200 |
$400 |
$400 |
1. Courtesy
Notice
For
the first instance of excess water use beyond the Water Rration
in Stages 4 5
through 7 Water Rationing, a Water User shall be given written notice by the
water system Operator of the excess use and shall be
notified that such violation constitutes Water Waste and a Water Waste fee fine of
$50 per day shall be collected in the event the Water User again exceeds
that Users Wwater Rration during any future billing cycle under Stages 4 5
through 7 Water Rationing. If the Water
User complies with all water rationing and Water Waste and Non-Essential Water Use requirements
during the next month following the first instance of excess use, the excess
use fee fine shall be deferred.
If the Water User again exceeds that Users Wwater Rration during any following month, the Water Waste fee
fine
of $50 per day shall be imposed immediately and shall
accumulate daily until the occurrence is corrected.
2. Second
Offense
Upon
the second occurrence of excess water use (including any prior excess water use
during any prior stage) within a 12-month period, a Water
User shall be charged with Water Waste and assessed a fee fine of $150 per day for the second
offense, plus the previously deferred fine $50 first offense fee,
by the District or its agent. The $150 fee shall accumulate daily until
the occurrence is corrected. For example, if a 1 or smaller meter had a
second offense within a 12-month period during Stage 5, a fine of $20 plus the
previously deferred fine of the same amount would be assessed. If the second offense occurred in Stage 6 and
the first offense in Stage 5, the 2nd offense fine would be $25 and
the previously deferred fine would be $20.
3. Third
Offense
A third occurrence of excess water use
(including any prior excess water use during any prior stage) within
a 12-month period shall result in fines listed for a third offense an
excess water use charge equivalent to the California American Water per unit water
charge at the Water Users level of use multiplied by
the number of units over a water ration, plus $150 per day as provided in Rule
171 (Water Waste Fees). A third occurrence of excess water use shall
provide cause for the installation of a Flow Restrictor in the water meter or
water supply providing water to the property where the over-use occurred. Restrictors shall remain in place until
conditions are reduced to Stage 2 Water Conservation or a less
restrictive stage. All costs for the
installation and removal of a Flow Restrictor shall be charged to the property owner of the Site subjected to this action.
4. Fourth
Offense
A
fourth occurrence of water use in excess of the water ration shall result in fees
fines
and charges listed for a third offense and shall result in the
installation of a Flow Restrictor with a maximum flow rate of 6 ccf/month by
the system Operator in the water meter or water supply providing water to the
property where the over-use occurred.
Restrictors shall remain in place until conditions are reduced to Stage 3 Water Cconservation or
to a less restrictive stage. All costs
for the installation and removal of a Flow Restrictor shall be charged to the
property owner of the Site subjected to this action.
B. FLOW
RESTRICTOR EXEMPTION Flow Restrictor Exemption
Exemptions
to the installation of a Flow Restrictor as a means to enforce the
Wwater Rration shall occur when there are provable risks to the
health, safety and/or welfare of the Water User. An exemption shall be made for water meters
serving three or more Multi-Family Dwelling units by substituting an excess
water use charge equivalent to the appropriate meter size, rationing stage, and 4th
offense amount of $150 times the number of Dwelling Units
located on the meter during each month in which a violation of the Wwater Rration occurs. The
Responsible Party shall be liable for payment of all excess water use charges.
C. All
notices and assessments of Water Waste and/or excess
water use charges made by a Water
Distribution System Operator shall be reported to the District.
Section Twenty: Publication and Application
The provisions
of this ordinance shall cause the republication and amendment of the permanent
Rules and Regulations of the Monterey Peninsula Water Management District.
This ordinance
shall take effect at 12:01 a.m. on the 30th day after it has been enacted on
second reading.
This Ordinance
shall not have a sunset date.
Section Twenty-Two: Severability
If any
subdivision, paragraph, sentence, clause or phrase of this ordinance is, for
any reason, held to be invalid or unenforceable by a court of competent
jurisdiction, such invalidity shall not affect the validity or enforcement of
the remaining portions of this ordinance, or of any other provisions of the
Monterey Peninsula Water Management District Rules and Regulations. It is the District's express intent that each
remaining portion would have been adopted irrespective of the fact that one or
more subdivisions, paragraphs, sentences, clauses, or phrases be declared
invalid or unenforceable.
On motion by Director __________, and second by
Director ____________, the foregoing ordinance is adopted upon this ______ day
of ________________, 2008, by the following vote:
AYES:
NAYS:
ABSENT:
I, ____________________, Secretary to the Board of
Directors of the Monterey Peninsula Water Management District, hereby certify
the foregoing is a full, true and correct copy of an ordinance duly adopted on
the ________ day of _____________ 2008.
Witness my hand and seal of the Board of Directors
this ________ day of ____________ 2008.
[1] Water
Requirement calculations, for the purpose of establishing the Landscape Water
Budget, shall not include a variable for Effective Rainfall. Property
owners/irrigators will need to adjust their actual watering schedules based on
actual rainfall, as this will help them stay within their Landscape Water
Budgets. One of the top recommendations given to all audited properties must be
the installation of a Rain Shut-Off Switch.
[2] Historic ETo data for specific properties shall be provided to consultant(s), by MPWMD, as requested.
[3] Due to the
unique and critical water supply situation in the Monterey Peninsula Water
Resource System, a higher standard of Management Efficiency (Ewm) will be
required, especially for properties identified as needing Landscape Water
Audits and Budgets. Therefore, Ewm shall
not be less than 0.90 for the purpose of establishing a Landscape Water Budget.