EXHIBIT
3-A
First
ORDINANCE NO. 147
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE
MONTEREY PENINSULA WATER MANAGEMENT DISTRICT AMENDING
REGULATION XV, THE EXPANDED WATER CONSERVATION
AND STANDBY RATIONING PLAN,
TO IMPLEMENT
WATER BANKING IN STAGES 5-7 WATER RATIONING
1. The Water
Management District is charged under the Monterey Peninsula Water Management
District Law with the integrated management of the ground and surface water
resources in the
2.
The Water Management District has general and specific power
to cause and implement water conservation activities as set forth in Sections
325 and 328 of the Monterey Peninsula Water Management District Law.
3.
This ordinance is enacted to respond to present and
threatened water emergencies, as provided by Section 332 of the District
Law. Water emergencies addressed by this
ordinance are created by both physical and legal circumstances which constrain
the amount of water that is available to serve water users in the
4.
On July 6, 1995, the State Water Resources Control Board
(SWRCB), in response to four complaints, issued Order No. WR 95-10 that found
that the groundwater in the aquifer underlying and closely paralleling the
5.
SWRCB Order No. WR 95-10 also found that California American
Water wells were drawing water from the subterranean stream associated with the
6.
SWRCB Order No. WR 95-10 directed California American Water
to reduce its average historical diversions from the
7.
In Water Year 1997, California American Water’s diversions
from the
8.
On January 28, 1999, to enable compliance with SWRCB Order No.
WR 95-10, the Water Management District adopted Ordinance No. 92 that
established an Expanded Water Conservation and Standby Rationing Plan.
9.
Since establishment of the Expanded Water Conservation and
Standby Rationing Plan in 1999, California American Water has complied with the
diversion limits specified in SWRCB Order No. WR 95-10 every year.
10.
Ordinance No. 147 amends the Expanded Water
Conservation and Standby Rationing Plan to reinstate Water Banking in Stages 5
through 7, Water Rationing. Water
Banking was suspended by Ordinance No. 137 (December 8, 2008) until December
31, 2010, to allow
11.
The following District Rules shall be amended by this
ordinance: Rule 165, Stage 5 Water
Rationing; Rule 166, Stage 6 Water Rationing; Rule 167, Stage 7 Water
Rationing; and Rule 168, Water Banks.
12.
The action taken by adoption of this ordinance
reinstates previously adopted rules that were suspended upon adoption of
Ordinance No. 137 on December 8, 2008.
13.
This ordinance is exempt from the California
Environmental Quality Act (CEQA) under Water Code §10652. This ordinance is also exempt from the
requirements of CEQA under the provisions of CEQA Guideline 15269 (c) and 15282
(w).
NOW THEREFORE be it ordained
as follows:
Section One: Short
Title
This ordinance shall be
known as the 2011 Water Banking Amendment to the Expanded Water Conservation
and Standby Rationing Plan of the Monterey Peninsula Water Management District.
Section Two: Purpose
This ordinance amends the
Expanded Water Conservation and Standby Rationing Plan to reinstate Water
Banking provisions previously suspended by Ordinance No. 137.
Section Three: Amendment to Rule 165-G
(Stage 5 Water Rationing)
Rule 165-G shall
be amended as shown below, with deleted language shown in strikeout type
face.
G. NOTICE
1. California American Water
shall provide written notice of mandatory water rationing to every Residential
and Non-Residential Water User within the California American Water
systems via first-class mail at least thirty (30) days before the first day
Stage 5 water use restrictions are imposed.
During Stage 5, California American Water
shall send monthly reminders of water rationing in the water bill along with
information showing the User’s Water Ration, the quantity of the Water Ration
consumed, and the quantity of water available in the Water User’s Water Bank (when Water Banking is
available). Finally, California American Water
shall update survey information as needed.
Section Four: Amendment to Rule 166-G
(Stage 6 Water Rationing)
Rule 166-G shall
be amended as shown below, with deleted language shown in strikeout type
face.
G. NOTICE
1. California American Water shall provide written notice of mandatory water rationing to every Residential and Non-Residential Water User within the California American Water systems via first-class mail at least thirty (30) days before the first day Stage 6 water use restrictions are imposed.
During Stage 6, California American Water
shall send monthly reminders of water rationing in the water bill along with
information showing the User’s Water Ration, the quantity of the Water Ration
consumed, and the quantity of water available in the Water User’s Water Bank
(when Water Banking is
available). Finally, California American Water
shall update survey information as needed.
Section Five: Amendment to Rule 167-F (Stage 7 Water Rationing)
Rule 167-F shall
be amended as shown below, with deleted language shown in strikeout type
face.
F. NOTICE
1. California American Water
shall provide written notice of mandatory water rationing to every Residential
and Non-Residential Water User within the California American Water
systems via first-class mail at least thirty (30) days before the first day
Stage 7 water use restrictions are imposed.
During Stage 7, California American Water
shall send monthly reminders of water rationing in the water bill along with
information showing the User’s Water Ration, the quantity of the Water Ration
consumed, and the quantity of water available in the Water User’s Water Bank
(when Water Banking is
available). Finally, California American Water
shall update survey information as needed.
Section Six: Amendment to Rule 168
-- Water Banks
Rule 168 shall
be amended as shown below, with deleted language shown in strikeout type
face.
RULE 168 - WATER BANKS
Water Banks in the California American
Water Distribution System(s) shall be suspended until: (a) California American
Water completes the installation of a computer system and programming necessary to calculate Water Banking credits;
or (b) MPWMD completes computer programming
needed to calculate Water Banking credits; or (c) December 31, 2010, whichever
event occurs first.
During the suspension of Water Banking,
Water Users shall be excused the first time a Water Ration is exceeded in a
Ration Year. Second and subsequent
offenses shall be enforced as Water Waste.
A. Water Banks shall be available to each Water User during Stages 5
through 7. A Water Bank shall allow each
Water User to accrue the unused portion of a monthly Water Ration for use in
the current Rationing Year.
B. Water Banks shall be reset to zero on
the first day of each Rationing Year.
Ten (10) percent of the remaining Water Bank shall be credited to the
following year’s Water Bank for three months to allow the establishment of a
new bank.
C. The Water Bank shall be reduced on the first
day of the fourth month of the Rationing Year by the amount of banked water
carried over. Water Banks shall not carry a negative
balance.
Section Seven: 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.
This ordinance
shall take effect at 12:01 a.m. on the 30th day after it has been enacted on
second reading.
This Ordinance
shall not have a sunset date.
Section Nine: 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 by Director __________, and second by
Director ____________, the foregoing ordinance is adopted upon this ______ day
of ________________, 2011, by the following vote:
AYES:
NAYS:
ABSENT:
I, ____________________, 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 ________ day of _____________ 2011.
Witness my hand and seal of the Board of Directors
this ________ day of ____________ 2011.
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