POLICY ADVISORY COMMITTEE/TECHNICAL ADVISORY COMMITTEE

 

ITEM:

DISCUSSION ITEMS

 

2.

DISCUSS NOTICE OF DRAFT CEASE AND DESIST ORDER REGARDING THE CONTINUED UNAUTHORIZED DIVERSION OF WATER FROM THE CARMEL RIVER IN MONTEREY COUNTY

 

Meeting Date:
January 31, 2008

 

 

 

From:

David A. Berger,

 

 

 

General Manager

 

 

Prepared By:

Stephanie Pintar

 

 

 

General Counsel Approval:  N/A

Committee Recommendation:  N/A

CEQA Compliance:  N/A

 

SUMMARY:  On January 24, 2008, the District’s Board of Directors authorized filing of a Notice of Intent to Participate as a Party in response to the State Water Resources Control Board’s (SWRCB) draft Cease and Desist Order (CDO) to California American Water (CAW).  Staff was directed to include this item on the January 31, 2008 PAC/TAC agenda for informational/discussion purposes only. 

 

DISCUSSION:  On January 15, 2008, the Assistant Deputy Director for Water Rights of the State Water Resources Control Board (SWRCB) issued a draft Cease and Desist Order (CDO) to California American Water (CAW).  The CDO requires CAW to stop diverting water from the Carmel River in excess of its legal rights.  If approved by the SWRCB in its present form, the CDO would have a significant effect on Monterey Peninsula water users until CAW is in full compliance with SWRCB Order 95-10.  

 

The draft CDO states that the SWRCB has determined that in the twelve years since Order 95-10 was adopted, CAW has not complied with Condition 2 of the Order.  Condition 2 requires CAW to terminate its unauthorized diversions from the Carmel River. 

 

The draft CDO requires CAW to cease and desist from diverting and using water in excess of its legal rights, or to comply with the constraints of the CDO within specified time schedules.  Commencing on October 1, of the water year (October 1 through September 30), CAW must reduce its unauthorized diversions as follows:

 

 

Water Year

Percent Reduction

Max. End of Year Diversion Amount

 

 

 

2008-09

15%

9,592.00

2009-10

15%

9,592.00

2010-11

20%

9,028.00

2011-12

20%

9,028.00

2012-13

35%

7,335.00

2013-14

35%

7,335.00

2014--  

50%

5,642.00

 

If CAW disagrees with the facts or the time schedules for the corrective actions set forth in the CDO, a written request for a hearing before the SWRCB must be submitted within 20 days of January 15, 2008.  If CAW does not submit a written request within the specified timeline, the SWRCB may adopt the CDO without a public hearing. 

 

RECOMMENDATION:  No action is required.  This is a discussion item only.

 

EXHIBITS

2-A      SWRCB Draft Cease and Desist Order

 

 

U:\staff\word\committees\pactac\2008\20080131\02\item2.doc