EXHIBIT 23-A

 

RESOLUTION NO. 2010-06       

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE

MONTEREY PENINSULA WATER MANAGEMENT DISTRICT

MODIFYING RULE 162 – REGULATORY PRODUCTION TARGETS FOR CALIFORNIA AMERCIAN WATER SYSTEMS 

 

WHEREAS, the Monterey Peninsula Water Management District has developed a set of rules to ensure compliance by California American Water systems with the regulatory and legal water production limits set by the State Water Resources Control Board and the Seaside Groundwater Basin Watermaster;

 

WHEREAS, District Rule 162 specifies the regulatory water production targets that are used to trigger higher stages of water conservation to ensure compliance with these legal and regulatory water production limits;

 

WHEREAS, these limits are subject to change by action of the State Water Resources Control Board and Seaside Groundwater Basin Watermaster;

 

WHEREAS, the State Water Resources Control Board adopted Order WR 2009-0060 on October 20, 2009, which requires California American Water to reduce its previously allowed diversions from the Carmel River of 11,285 acre-feet to no more than 10,429 acre-feet in Water Year 2010;

 

WHEREAS, the Monterey County Superior Court imposed a stay on Order WR 2009-0060 on November 3, 2009, and caused Order WR 2009-0060 to not become effective;

 

WHEREAS, the Santa Clara County Superior Court lifted the stay on Order WR 2009-0060 on April 22, 2010, and caused Order WR 2009-0060 to become effective; and

 

WHEREAS, it is necessary to modify the monthly and year-to-date at month-end water production targets in Tables XV-1 and XV-2 to reflect the required reductions in allowable Carmel River diversions by California American Water specified by the State Water Resources Control Board in Order WR 2009-0060.

 

NOW THEREFORE, BE IT RESOLVED:

 

1.   District staff shall modify Tables XV-1 and XV-2 of District Rule 162 to reflect the required reductions in allowable diversions by California American Water from the Carmel River that were adopted by the State Water Resources Control Board in Order WR 2009-0060 on October 20, 2009.

 

2.   Specifically, District staff shall replace the monthly and year-to-date at month-end values presently shown in Tables XV-1 and XV-2 of Rule 162 with the monthly and year-to-date at month-end values shown on the attached tables (Attachment 1).   

On motion of Director ____________, and second by Director _____________, the foregoing resolution is duly adopted this 17th day of May 2010, by the following votes:

 

AYES:

 

NAYES:

 

ABSENT:

 

I, Darby W. Fuerst, Secretary of the Board of Directors of the MPWMD, hereby certify that the foregoing is a full, true and correct copy of a resolution duly adopted on the 17th day of May 2010.

 

Witness my hand and seal of the Board of Directors, this ______ day of May, 2010.

 

 

__________________________________

                                                            Darby W. Fuerst, Secretary to the Board

 

 

 

 

 

 

 

 

U:\staff\word\boardpacket\2010\20100517\ActionItems\23\item23_exh23a.doc