EXHIBIT 18-C

 

Districtís Water Allocation Program Ordinances

 

Ordinance No. 1 was adopted in September 1980 to establish interim municipal water allocations based on existing water use by the jurisdictions.Resolution 81-7 was adopted in April 1981 to modify the interim allocations and incorporate projected water demands through the year 2000.Under the 1981 allocation, Cal-Amís annual production limit was set at 20,000 acre-feet.

 

Ordinance No. 52 was adopted in December 1990 to implement the Districtís water allocation program, modify the resource system supply limit, and to temporarily limit new uses of water.As a result of Ordinance No. 52, a moratorium on the issuance of most water permits within the District was established.Adoption of Ordinance No. 52 reduced Cal-Amís annual production limit to 16,744 acre-feet.

 

Ordinance No. 70 was adopted in June 1993 to modify the resource system supply limit, establish a water allocation for each of the jurisdictions within the District, and end the moratorium on the issuance of water permits.Adoption of Ordinance No. 70 was based on development of the Paralta Well in the Seaside Groundwater Basin and increased Cal-Amís annual production limit to 17,619 acre-feet.More specifically, Ordinance No. 70 allocated 308 acre-feet of water to the jurisdictions and 50 acre-feet to a District Reserve for regional projects with public benefit.

 

Ordinance No. 73 was adopted in February 1995 to eliminate the District Reserve and allocate the remaining water equally among the eight jurisdictions.Of the original 50 acre-feet that was allocated to the District Reserve, 34.72 acre-feet remained and was distributed equally (4.34 acre-feet) among the jurisdictions.

 

Ordinance No. 74 was adopted in March 1995 to allow the reinvestment of toilet retrofit water savings on single-family residential properties.The reinvested retrofit credits must be repaid by the jurisdiction from the next available water allocation and are limited to a maximum of 10 acre-feet.This ordinance sunset in July 1998.

 

Ordinance No. 75 was adopted in March 1995 to allow the reinvestment of water saved through toilet retrofits and other permanent water savings methods at publicly owned and operated facilities.Fifteen percent of the savings are set aside to meet the Districtís long-term water conservation goal and the remainder of the savings are credited to the jurisdictions allocation.This ordinance sunset in July 1998.

 

Ordinance No. 83 was adopted in April 1996 and set Cal-Amís annual production limit at 17,621 acre-feet and the non-Cal-Am annual production limit at 3,046 acre-feet.The modifications to the production limit were made based on the agreement by non-Cal-Am water users to permanently reduce annual water production from the Carmel Valley Alluvial Aquifer in exchange for water service from Cal-Am.As part of the agreement, fifteen percent of the historical non-Cal-Am production was set aside to meet the Districtís long-term water conservation goal.

 

Ordinance No. 87 was adopted in February 1997 as an urgency ordinance establishing a community benefit allocation for the planned expansion of the Community Hospital of the Monterey Peninsula (CHOMP).Specifically, a special reserve allocation of 19.60 acre-feet of production was created exclusively for the benefit of CHOMP.With this new allocation, Cal-Amís annual production limit was increased to 17,641 acre-feet and the non-Cal-Am annual production limit remained at 3,046 acre-feet.

 

Ordinance No. 90 was adopted in June 1998 to continue the program allowing the reinvestment of toilet retrofit water savings on single-family residential properties for 90-days following the expiration of Ordinance No. 74.This ordinance sunset in September 1998.

 

Ordinance No. 91 was adopted in June 1998 to continue the program allowing the reinvestment of water saved through toilet retrofits and other permanent water savings methods at publicly owned and operated facilities.

 

Ordinance No. 90 and No. 91 were challenged for compliance with CEQA and nullified by the Monterey Superior Court in December 1998.

 

Ordinance No. 109 was adopted on May 27, 2004, revised Rule 23.5 and adopted additional provisions to facilitate the financing and expansion of the CAWD/PBCSD Recycled Water Project.

 

Ordinance No. 132 was adopted on January 24, 2008, established a Water Entitlement for Sand City and amended the rules to reflect the process for issuing Water Use Permits.

 

Ordinance No. 165 was adopted on August 17, 2015, established a Water Entitlement for Malpaso Water Company and amended the rules to reflect the process for issuing Water Use Permits.

 

Ordinance No. 166 was adopted on December 15, 2015, established a Water Entitlement for D.B.O. Development No. 30.

 

Ordinance No. 168 was adopted on January 27, 2016, established a Water Entitlement for the City of Pacific Grove.

 

 

 

 

 

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