Consider SECOND Reading of Ordinance No. 137 -- An Ordinance of the Board of Directors of the Monterey Peninsula Water Management District Amending Regulation XV, The Expanded Water Conservation and Standby Rationing Plan


Meeting Date:

December 8, 2008





Darby Fuerst,




General Manager

Line Item No.:




Prepared By:

Stephanie Pintar

Cost Estimate:



General Counsel Approval:  Approved

Committee Recommendation:  Recommendations of approval from Water Demand Committee, Policy Advisory Committee and Technical Advisory Committee

CEQA Compliance:  Statutory Exemption under Section 15282(w) of the CEQA Guidelines (14 CCR §15282w).


SUMMARY:   Ordinance No. 137 is the third ordinance this year that amends Regulation XV, the Expanded Water Conservation and Standby Rationing Plan (Exhibit 13-A).  This ordinance amends the Expanded Water Conservation and Standby Rationing Plan (Regulation XV) to fulfill terms of a Settlement Agreement between MPWMD and California American Water dated August 11, 2008 and amended October 8, 2008.  The Settlement Agreement relates to a pending application before the California Public Utilities Commission (A. 07-12-010).  This ordinance addresses the issues raised in the Settlement Agreement not addressed in Ordinance Nos. 134 and 135.  In addition to responding to the Settlement Agreement, this ordinance clarifies and expands upon existing Regulation XV procedures and language, adds definitions for the Seaside Watermaster and for the California American Water subsystems located in the Laguna Seca Subarea of the Seaside Groundwater Basin, and establishes a minimum per capita water ration standard.  Upon adoption of this Ordinance, California American Water will amend its Rule 14.1, Water Conservation and Rationing Plan -- Monterey District.


DISCUSSION:  At the November 17, 2008 Board meeting, staff responded to a number of questions raised by the public during the first reading of Ordinance No. 137.  The staff report from the November 17, 2008 meeting (Exhibit 13-B) also contains rule-specific information about changes and edits to Regulation XV proposed by Ordinance No. 137.  California American Water’s Director of Rate Regulation, Dave Stephenson, spoke in support of the ordinance at the November 17 meeting, indicating that it met the issues raised in the Settlement Agreement between CAW and MPWMD.


BACKGROUND:      MPWMD has been involved in water rationing planning and implementation since its inception in 1978.  A water rationing plan developed by the Monterey Peninsula Water Management Agency (the predecessor to the MPWMD) was available when the MPWMD was established.  The former plan was reviewed and amended in June 1981 with the adoption of MPWMD Ordinance No. 7.  The rationing plan was again amended in 1988 (Ordinance Nos. 35 and 37) during drought-related rationing administered by MPWMD that continued through 1991.   Water use reductions of approximately 30 percent were achieved during that time. 


In 1997, the MPWMD Board of Directors tasked its staff with preparing conservation and rationing plans to address both compliance with State Water Resources Control Board (SWRCB) Order 95-10 and drought.  MPWMD staff worked with a variety of community members, including CAW, to conceive and develop the Expanded Water Conservation and Standby Rationing Plan (Regulation XV), adopted as Ordinance No. 92 in 1998, amended by Ordinance No. 119 in 2005, and amended by Ordinance Nos. 134 and 135 in 2008.  Regulation XV, implemented in partnership with CAW and in combination with an extensive public awareness campaign and a comprehensive water rate structure that increases the top rates when compliance decreases, has enabled compliance with State Water Resources Control Board (SWRCB) Order No. WR 95-10. 


RECOMMENDATION:  Staff recommends the Board approve the second reading and adopt Ordinance No. 137 after receiving comments from the public.  If approved, the ordinance will become effective on December 31, 2008.


This ordinance is exempt from CEQA 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 one component. 


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



13-A    Draft Ordinance No. 137

13-B    November 17, 2008 Ordinance No. 137 Staff Report (without exhibits)

Exhibits for the November 17, 2008 staff report are available at