ITEM:		ACTION ITEMS
21.	STATUS REPORT/OVERVIEW OF STATE WATER RESOURCES CONTROL BOARD OCTOBER 20, 2009 CEASE AND DESIST ORDER WR 2009-0060
Meeting Date:			November 16, 2009	Budgeted:	N/A
From:			Darby Fuerst,	Program/	N/A
			General Manager	Line Item No.:
Prepared By:			Darby Fuerst	Cost Estimate:	N/A
General Counsel Review: N/A
Committee Recommendation: N/A
CEQA Compliance: N/A

SUMMARY: On October 20, 2009, the State Water Resources Control Board (SWRCB or State Water Board) adopted Order WR 2009-0060. The final order, which was distributed on October 27, 2009, prohibits California American Water (Cal-Am) from diverting Carmel River water for new service connections and requires Cal-Am to reduce the amount of water diverted for existing service connections. The ordering paragraphs of the Order WR 2009-0060 are included as Exhibit 21-A.

The District and Cal-Am challenged the SWRCB order on October 27, 2009, by filing separate petitions for a Writ of Mandate and request for Declaratory Relief. The District also filed a request to stay the order. The District’s stay request was granted by the Monterey County Superior Court on November 3, 2009.

On November 5, 2009, Cal-Am requested authority from the California Public Utility Commission (CPUC) to impose a moratorium on new service connections and expanded use at service connections in its main system and smaller systems in the Laguna Seca area, i.e., Ryan Ranch, Hidden Hills, and Bishop systems, effective October 30, 2009.

Staff will provide additional information on the order and its implications regarding water rationing and a moratorium on new service connections at the November 16 meeting.

RECOMMENDATION: The Board should receive the information presented at the November 16 Board meeting concerning SWRCB Order WR 2009-0060 and its implications and provide direction to staff regarding further actions.

EXHIBITS

21-A Ordering paragraphs, SWRCB Order WR 2009-0060 dated October 20, 2009

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