EXHIBIT 2-A
DRAFT
ORDINANCE NO. XX
An Ordinance of the
Board of Directors of the
Monterey Peninsula
Water Management District
Amending its
Regulation of
Water Distribution
System Permit Applications – Noticing of Well Capacity Tests (Rule 21-A)
FINDINGS
1. The Water Peninsula Water Management
District (MPWMD or District) is charged under the Monterey Peninsula Water
Management District Law with the integrated management of the ground and
surface water resources in the Monterey Peninsula area.
2. The
Water Management District has enacted, by ordinance, a set of Rules and
Regulations to implement its statutory authority. District Rule 11 defines the terms used in
the regulation of Water Distribution Systems (WDS). District Rules 20, 20.4, 21, 22, 40, 54-56
and 173 further define procedural and substantive rules that regulate these
systems. Although these rules have been
amended from time to time, the fundamental scope of these regulations was first
enacted in the early 1980s. Significant
refinements, changes and additions to the rules and regulations governing water
distribution systems were adopted as part of Ordinance No. 96 in March 2001,
Ordinance No. 105 in December, 2005. Ordinance No. 122 in August 2005, and
Ordinance No. 124 in July 2006, Ordinance No. 128 in June 2007 and Ordinance
No. 145 in September 2010.
3. This
ordinance creates a new requirement that Neighboring Well owners be adequately
notified of a pending well capacity test as part of the WDS permitting process,
and be offered the opportunity to have their well monitored during the test.
4. This
ordinance would add a new rule 21-A-10 to require noticing of Well Capacity
Tests as described in the WDS Implementation Guidelines.
5. The Water Management District Board of Directors determines
that this ordinance is not considered to be a “project” under California
Environmental Quality Act (CEQA) as it simply requires notification of well
testing already mandated by previous ordinances, which did undergo CEQA review.
.
6. This ordinance shall amend Rule 21-A of the
Rules and Regulations of the Water Management District.
NOW THEREFORE be it ordained as follows:
ORDINANCE
Section One: Short
Title
This
ordinance shall be known as the Well Capacity Test Noticing Ordinance (Rule 21-A).
Section Two: Purpose
This
ordinance shall revise the permanent Rules and Regulations of the Water
Management District to clarify procedures that affect applications for the creation
or amendment of water distribution systems by adding a requirement for
Neighboring Wells to be notified of select Well Capacity Tests to enable
monitoring activities.
Section Three: Amendment
of Rule 21 (Applications)
District
Rule 21-A shall be amended by deleting the following provisions shown in
strikeout text (strikeout), and by adding the following provisions set
forth in italicized and bold face type (bold face).
RULE
21 - APPLICATIONS
A. APPLICATION FOR PERMIT TO CREATE/ESTABLISH A WATER
DISTRIBUTION SYSTEM
The
Applicant for a Permit to Create/Establish
a Water Distribution System shall submit the following:
1. A completed written
“Pre-Application Request Form”, signed by the system Owner, in the manner and form
prescribed by the Implementation Guidelines.
Based on the information provided on the Pre-Application Request Form,
the General Manager shall determine: (a) whether the application qualifies for
an exemption under Rule 20; (b) which one of four “Permit Review Levels” is
required (i.e., Level 1, Level 2, Level 3 or Level 4 described in Rule 22); and
(c) whether the application is for a Mobile Water Distribution System. The Applicant shall next submit a completed,
written Application Form, signed by the system Owner, specified for the type of
system and Permit Review Level in the manner and form prescribed by the
Implementation Guidelines, which encompass the remaining numbered elements of
this Rule 21-A; and
2. Environmental information as required
by the California Environmental Quality Act (CEQA); and
3. Zoning and land use designations for
the property; identify land use approvals which may be required for the proposed
Project by the Municipal Unit in which proposed system would be located (i.e.,
tentative map, use permit, etc.), or by other Governmental agencies, consistent
with state and local regulations that require proof of available water supply;
and
4. Identify type of water right claimed to
exist with each Water-Gathering Facility and each
Source of Supply for the system (e.g., riparian, pre-1914, appropriative,
overlying or other). Provide written
verification of legal water rights applicable to type of right claimed. The verification shall include, but shall not
be limited to the following forms of documentation: (a) Condition of Title
Report, prepared by a title company at the Applicant’s expense, and any and all
supporting documentation to indicate whether legal water rights have been
subordinated or severed; this documentation may include a judicial declaration
of right or a full title opinion prepared by an attorney with expertise in water
law; (b) information that describes the legal basis or authority for diversion
and extraction of water; (c) if Groundwater is being pumped from a Groundwater
basin that has not been adjudicated, a statement to that effect in addition to a copy of the current
deed to the property is sufficient documentation to satisfy this requirement;
or (d) if the source of the water is subject to permit requirements under the State Water Resources Control Board, a copy of the SWRCB water rights permit or
domestic registration must be included; and
5. A copy of the
application submitted to the Monterey County Environmental Health Department
for Creation of a Water Distribution System for Multiple-Parcel Connection
Systems only; and
6. The name and
address of each Responsible Party;
and
7. The results of Well Capacity
(Aquifer Pumping) Tests for the duration specified by the Implementation
Guidelines, the cost of which tests shall be borne by the Applicant, and which
shall be observed by a District
representative or agent; and
8. The results of
water quality tests as specified by the Implementation Guidelines, the cost of
which tests shall be borne by the Applicant; and
9. An evaluation of
the hydrogeologic information in the manner and form required in the
Implementation Guidelines. This
evaluation shall be prepared by a qualified individual or firm as determined by
the District. Qualified consultants
shall include a certified hydrogeologist, a licensed professional geologist
with a specialty in hydrogeology, a certified engineering geologist with a
specialty in hydrogeology, or a registered civil engineer with a specialty in
hydrology; these specialists shall be certified in, registered or licensed by
the State of California. The costs of
this evaluation shall be borne by the Applicant; and
10. Documentation that notice was given to Neighboring
Well owners regarding the opportunity to monitor Wells as specified in the
Implementation Guidelines.
110. The applicable fees prescribed in Rule 60.
Section Four: Amendment of Rule 11 (Definitions)
District
Rule 11 shall be amended by deleting the following provisions shown in
strikeout text (strikeout), and by adding the following provisions set
forth in italicized and bold face type (bold face).
NEIGHBORING WELL – “Neighboring Well” means any Well
within 1,000 feet of a Well owned by the Applicant for a Water Distribution
System Permit if the Applicant’s Well is located outside of the Carmel Valley
Alluvial Aquifer, or within 300 feet of the Applicant’s Well if located within
the Carmel Valley Alluvial Aquifer.
Section Five: Publication
and Application
The
provisions of this ordinance shall cause the republication and amendment of the
permanent Rules and Regulations of the Monterey Peninsula Water Management
District.
Section
titles and captions are provided for convenience and shall not be construed to
limit the application of the text.
Section Six: Effective Date and Sunset
This
ordinance shall be given effect at 12:01 a.m. on the 30th day following the date of
its adoption on second reading.
Section Seven: Severability
If any subdivision,
paragraph, sentence, clause or phrase of this ordinance is, for any reason,
held to be invalid or unenforceable by a court of competent jurisdiction, such
invalidity shall not affect the validity or enforcement of the remaining
portions of this ordinance, or of any other provisions of the Monterey
Peninsula Water Management District Rules and Regulations. It is the District's express intent that each
remaining portion would have been adopted irrespective of the fact that one or
more subdivisions, paragraphs, sentences, clauses, or phrases be declared
invalid or unenforceable.
On
motion of Director _________, and second by Director _________, the foregoing
ordinance is adopted upon this ___ th day of _____, 2012 by the
following vote:
AYES: Directors _____
NAYS: Directors
____
ABSENT: Directors ____
I, David J. Stoldt, Secretary to the Board of
Directors of the Monterey Peninsula Water Management District, hereby certify
the foregoing is a full, true and correct copy of an ordinance duly adopted on
the ___th day of _____, 2012.
Witness my hand and seal of the Board of
Directors this __ day of ______, 2012.
____________________________________
David
J. Stoldt, Secretary to the Board
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