EXHIBIT 23-E

Final

MINUTES

MONTEREY PENINSULA WATER MANAGEMENT DISTRICT

CARMEL RIVER ADVISORY COMMITTEE

10:00 A.M. Regular Meeting at

Mid-Carmel Valley Fire Station Community Room

April 9, 2009

1. CALL TO ORDER/ROLL CALL

MEMBERS PRESENT: John Dalessio, Vince Frumkin, Tom House, Larry Levine, Lance Monosoff , Clive Sanders

MEMBERS ABSENT: Susan Rogers (excused absence)

PUBLIC PRESENT: Monica Hunter (Planning and Conservation League), Tom Skiles (Monterey County Water Resources Agency), William “Bill” Phillips (Monterey County Water Resources Agency), Joyce Ambrosius (National Marina Fisheries Service)

STAFF PRESENT: Andy Bell, Thomas Christensen, Larry Hampson, Kevan Urquhart

2. PUBLIC COMMENT – Monica Hunter announced an upcoming meeting on May 28, 2009 of the Coast and Ocean Regional Roundtable for Monterey County to discuss improved management between inland and ocean resources, local funding for conservation and restoration and the potential to create a virtual tour of Carmel Valley.

John Dalessio described a recent Supreme Court decision that would allow a private water company, such as California American Water, to partner with a public agency to own a desalination plant in Monterey County. [Monterey County currently prohibits private ownership of desalination facilities.]

3. CONSENT CALENDAR – there were no items on the Consent Calendar

4. UPDATE AND DISCUSSION ON CARMEL RIVER WATERSHED ACTIVITIES – Clive Sanders described efforts to obtain funding to improve steelhead habitat and reduce flooding at the Carmel River lagoon. He said that Jack and Mary Jane Hammerland [property owners on the north side of the lagoon] were investigating the use of vinyl sheet piles to build a flood protection wall on the north side of the lagoon. In addition to a flood wall, flap gates and pumps would be used to prevent flooding of low-lying structures. Clive said that one of the goals of the lagoon work is to encourage a naturally functioning lagoon and beach.

John Dalessio suggested contacting one of the universities in the area to see if there is an interest in partnering on a grant application. He also suggested that any grant application include a proposal to create jobs by including a training program within the project scope.

Vince Frumkin stated that training staff to write grant applications is more effective than hiring consultants.

5. DISCUSSION ON CARMEL RIVER STEELHEAD FISHERY MANAGEMENT – Joyce Ambrosius, the Central Coast Team Coordinator in the Santa Rosa office of the National Marine Fisheries Service (NMFS), discussed the San Clemente Dam, Los Padres Dam fish passage improvements, and the draft federal recovery plan for steelhead.

There are two proposed alternatives that would meet the Division of Safety of Dam’s requirements for Cal-Am to address concerns at San Clemente Dam about dam safety during a maximum credible earthquake or during the probable maximum flood. These alternatives are dam buttressing (Cal-Am’s proposed project) and the Dam Removal and River Reroute Project (Reroute). Joyce said that California American Water (CAW) was concerned about potential liability from the Reroute project and that the Coastal Conservancy, Planning and Conservation League (PCL), National Marine Fisheries Service (NMFS) and CAW had been unable to resolve this issue. When the State budget crisis occurred in late 2008, contract work to evaluate this issue was halted. At about the same time, CAW chose to stop work on the Reroute alternative and move forward with the dam buttressing alternative.

A preliminary analysis by NMFS of the buttress alternative indicates that this alternative would receive a jeopardy opinion for impacts to steelhead [Essentially, a jeopardy opinion states that a proposed project would likely result in unacceptable harm to a listed species protected under the Endangered Species Act]. A jeopardy opinion must contain reasonable and prudent alternatives to protect the listed species, but those alternatives must be economically and technologically feasible.

Monica Hunter stated that PCL would like to see the public-private partnership on the Reroute alternative continue in order to keep the costs down for ratepayers and to enhance the environment. She said that there was a possibility that without the partnership continuing, the removal project would have to be completed without any public funds.

Concerning Los Padres Dam fish passage, Joyce said that CAW agreed to fund analysis and construction of improvements for downstream juvenile passage over the dam during spring flows. CAW will also investigate alternatives to improve upstream migration of adults and downstream migration of juveniles and kelts [adult spawners returning to the ocean].

Joyce said that the draft steelhead recovery plan for South Central Coast steelhead is tentatively schedule to be released for public review in October 2009. It will likely include requirements, actions, and recommendations concerning a water management plan, seasonal passage, sediment passage, groundwater extraction effects, restoration of natural channel bottoms, land use plan, reduced encroachment, 50-foot buffer at lagoons, retrofit of storm drains, restoration plans for estuaries, and a public education plan.

Joyce briefly described the 2006 Settlement Agreement between CAW and NMFS in which CAW agreed to fund projects to mitigate impacts to steelhead from Carmel River diversions. The California Department of Fish and Game agreed to be the administrator for the funds. All projects funded through the Settlement Agreement must address impacts associated with CAW diversions of Carmel River water.

Kevan Urquhart briefly outlined some of the issues associated with an adult captive rearing program for Carmel River steelhead and suggested that he could give a more detailed presentation at a future meeting.

6. STAFF REPORTS –

a. Andy Bell reported on the Coastal Water Project Draft EIR. Kevan Urquhart reported that MPWMD had applied for federal grant funds to replace the Sleepy Hollow ford with a bridge, a gravel injection project, and a project to mine gravel from San Clemente Reservoir [note: none of the projects were funded].

b. Larry Hampson reported on the state’s Regional Acceptance Process for allowing a planning region into the Integrated Regional Water Management grant program funded by Props. 84 and 1E.

c. Mr. Hampson reported on the progress of a study by CSUMB to determine storage capacity at Los Padres Reservoir.

7. ITEMS TO BE PLACED ON FUTURE AGENDAS

Committee members scheduled July 16, 2009 for the next meeting and requested that the following items be placed on a future agenda:

a. Continue report on adult steelhead rearing program

b. San Clemente Dam update

c. Potential to buy out Camp Steffani

8. ADJOURNMENT

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