CONSIDER FIRST READING
OF ORDINANCE NO. 137 -- AMEND REGULATION XV, EXPANDED WATER CONSERVATION AND
STANDBY RATIONING PLAN
October 20, 2008
General Counsel Approval:
Committee Recommendation: The
Water Demand Committee reviewed the concept ordinance on September 29, 2008,
and unanimously recommended approval.
The Technical Advisory Committee reviewed the concept ordinance on
October 7, 2008 and recommended approval.
CEQA Compliance: Statutory Exemption under Section 15282(w) of the CEQA Guidelines
(14 CCR §15282w).
SUMMARY: As part of the
Settlement Agreement of the Seaside Groundwater Basin, between MPWMD and
California American Water (CAW) (Exhibit 16-A), MPWMD agreed to amend
Regulation XV, the Expanded Water Conservation and Standby Rationing Plan, to
address regulatory rationing and suspension of water banking, as well as to
ensure consistency in noticing requirements and compliance triggers. The District also agreed to amend its
definition of the Monterey Peninsula Water Resource System to include the Laguna
Seca Subarea, in which the Ryan Ranch, Bishop and Hidden Hills subsystems of
CAW operate. This latter action was
taken at the September 22, 2008 Board meeting with the adoption of Ordinance
No. 135. The remaining agreed-upon
actions are addressed in Ordinance No. 137 (Exhibit 16-B).
DISCUSSION: The following
is a rule-by-rule overview of the significant changes to Regulation XV (the
Expanded Water Conservation and Standby Rationing Plan) affected by Ordinance
No. 137. In general, the language of
Regulation XV has been cleaned up to remove redundancy and unnecessary
language. In some cases, portions of a
rule that have been deleted have been relocated to the findings (e.g., Rule
Rule 11 – Definitions
- The definition of CAW’s subsystems as “Satellite
Systems” has been deleted in response to requests by representatives of
customers in the Bishop and Hidden Hills systems to be defined as separate
water distribution systems. In
place of “Satellite Systems,” Ordinance No. 137 defines the individual
subsystems, namely Bishop, Hidden Hills and Ryan Ranch.
- The following definitions were clarified: Large Residential Water User, Main
California American Water System, and Mobile Water Distribution System.
Rule 160 – General Provisions
- Adds a statement that Stage 4 includes an additional
conservation response to comply with regulatory restrictions.
- Adds a statement that Stages 5-7 include a regulatory
- Eliminates the Unaccounted For Water Use exemption
for the CAW subsystems, making the Board’s current standard of 7 percent apply
to all CAW systems. Note however,
that actual unaccounted for water use is used for purposes of determining
the rations. This is necessary to
ensure that water rations are based on actual average system-wide water
Rule 161-163, Conservation Stages 1-3
- Tables XV-1 and XV-2 have been amended to correct a
rounding error adopted with Ordinance No. 135.
- Allows the Emergency Trigger for Stage 3 to apply to
any Water Distribution System upon Resolution of the Board.
- Requires CAW to notify customers 30-day prior to
implementation of emergency rates in keeping with California Public
Utilities Commission (CPUC) requirements.
Rule 164 – Stage 4
- Add a new response for exceeding regulatory limits
shown in Tables XV-1 and XV-2. In
the event of continued noncompliance (i.e., more than 30 days) with
regulatory limits during Stage 3, Stage 4 will require CAW to contact its
customers and request suspension of all outdoor water use. This response repeats the dual trigger
that applies to the Bishop, Hidden Hills and Ryan Ranch systems in Stages
2 and 3.
- Allows sunset of Stage 4 without Board action when
regulatory compliance has been achieved.
- Allows sunset of Stage 4 with Board action to reduce
the conservation Stage to a lower Stage as necessary for good cause.
- Adds additional water waste enforcement efforts to
Rule 165 -167, Rationing Stages 5-7
- The most significant addition to Stages 5-7 is a
trigger for rationing in response to a final court action forcing
production cutbacks in any Water Distribution System that relies on
production from the Main California American Water system in any way. For example: Reductions in the production levels of
16-34% would result in Stage 5; reductions of 35-49% would result in Stage
6; and reductions of 50% or more would result in Stage 7. Reduction ranges are carried through
- Regulatory rationing as a result of final legal
orders that restrict production would apply to the Laguna Seca subarea
water systems as long as those systems rely on the main system to offset
their use, to avoid replenishment fees or to provide emergency water supplies. At this time, the CAW subsystems (i.e.,
Bishop, Hidden Hills and Ryan Ranch) are limited to 345 acre-feet annually
(AFA). During Water Year 2008, the
subsystems produced 533 AF. There
are options for CAW to eliminate the subsystems’ reliance on the main
system, such as purchasing water rights from other users, developing new
supply, or paying replenishment fees.
- Regulatory rationing triggered by a final legal order
would continue until the triggering order has been lifted or no longer
applies to an affected Water Distribution System.
- Sunset of Stage 5 could trigger any lesser Stage for
- Notification of Non-CAW Water Distribution Systems would
occur by published notice rather than by individual letters. During Stage 4, MPWMD would collect
necessary information from other Water Distribution Systems in preparation
for Stage 5 and above and would put all Water Distribution Systems on
notice that rationing was imminent.
- Unaccounted For Water Use is calculated using the
actual average for the preceding 12 months, rather than by using the
Board’s Unaccounted For Water Use standard of seven percent. This is necessary to accurately account
for water use and to fairly determine water rations. This action was agreed to in the August
11, 2008 Settlement Agreement.
- Water Distribution Systems with 10 or more
connections will have a “ration” for Unaccounted For Water Use. There are 11 systems that meet this
standard in the MPWMD.
- The Stage 5 Moratorium (Rule 165-F) adds language to
recognize Water Entitlements issued by the District in keeping with the
- A minimum per person ration of 35 gallons per day has
been set for each of the three rationing Stages. This standard is listed in the 2008
Drought Urban Guidebook published by the State of California, Department of Water
Resources, Office of Water Use Efficiency and Transfers and applies to
“inside residential use”. The data are
from the Tampa (Florida) Water Department Residential
Water Conservation Study: The Impacts of High Efficiency Plumbing Fixture
Retrofits in Single-Family Homes, January 8, 2004. In the event that the minimum standard
is set in any rationing stage, customers unable to meet the health and
safety targets will receive information or a home water audit that helps
them to find and repair leaks.
- Adoption of additional water use restrictions by
Board Resolution has been added to each of the three rationing Stages. The language in the ordinance includes a
number of suggested conservation measures that the Board may consider.
Rule 168 – Water Banks
- In compliance with the August 11, 2008 Settlement
Agreement, Water Banks are suspended until (a) CAW completes the
installation of its new computer system and completes the programming
needed to calculate Water Banking credits; or (b) MPWMD completes computer
programming needed to calculate Water Banking credits; or (c) December 31,
2010, whichever occurs first.
- During the suspension of Water Banking, Water Users
shall be excused the first time a Water Ration is exceeded in a Ration
Year. Second and subsequent
offenses are enforced.
Rule 169 – Water Rationing Variance
Conditions of Approval have been added to the rationing variance section. These include installation of low water
consumption technology and drip irrigation when an irrigation system is
Rule 172 – Landscape Water Audits
- A requirement that Landscape Water Audits and Budgets
be completed when a Dedicated Irrigation Meter is installed has been added
to Rule 172.
- A clear procedure for CAW to review and identify
customers that require Landscape Water Audits and Landscape Water Budgets
has been added. A response time for
customers to contact CAW to arrange for an audit has also been added.
Rule 23-B-2 – Mandatory Conditions for Action on an
Application for a Water Permit to Connect to or Modify an Existing Water
adopted in Ordinance No. 135 (August 18, 2008) requiring separate water meters
for outdoor irrigation and fire protection are relocated to Rule 23-B-2 from
Rule 161-F and Rule 161-G.
Concepts incorporated in Draft
Ordinance No. 137 were reviewed by the Water Demand Committee (September 29,
2008) and the Technical Advisory Committee (TAC) on October 7, 2008. Both committees recommended approval of the
ordinance to the Board.
BACKGROUND: Since 1999,
MPWMD’s Regulation XV, Expanded Water Conservation and Standby Rationing
Program, in combination with an extensive public awareness campaign and
comprehensive water rate structure for conservation, emergency and rationing
rates, has enabled compliance with State Water Resources Control Board (SWRCB)
Order No. WR 95-10. The plan also
provides the foundation for water rationing in the event of drought or other
emergency reductions in water supply.
RECOMMENDATION: The Board
should receive comments from the public, discuss the ordinance, and provide
direction to staff. Staff recommends the
Board approve the first reading of Ordinance No. 137.
Staff will process this ordinance
under a Statutory Exemption under Section 15282(w) of the CEQA Guidelines (14
CCR §15282w). This exemption is for
adoption of Urban Water Management Plans, of which a water rationing plan is
IMPACT ON STAFF/RESOURCES: Staff has not identified any impacts to staff
or resources related to the proposed revisions.
Agreement and Amendment
Ordinance No. 137