EXHIBIT 13-F
MONTEREY PENINSULA WATER MANAGEMENT DISTRICT
(Application
#20041001CWW)
CAÑADA
WOODS WATER DISTRIBUTION SYSTEM
(Last
Revised July 9, 2004)
and
AMENDING
PERMIT FOR MONTERRA RANCH MUTUAL WATER COMPANY WATER DISTRIBUTION SYSTEM
(Last
Revised March 20, 2000)
Applicant: Cañada
Woods Water
Company
Adopted by MPWMD Board of Directors on
February 24, 2005
Pursuant to MPWMD Rule 22-D
1.
The
service area of the Cañada Woods Water Company Water Distribution System
(CWWCWDS) is hereby defined as the area included in Assessor’s Parcel Numbers
listed in Attachment 1. The boundary of the service area is shown in Attachment 2.
2. The Permittee is authorized by the Monterey Peninsula Water Management District (MPWMD) under this Permit to provide water for domestic (potable) and non-potable uses, including residential, commercial, agricultural, and landscape use, in the CWWCWDS service area identified in Condition #1.
3. The system capacity (production) limit for the CWWCWDS is 321.54 acre-feet per year. This limit is the sum of the following amounts: (1) 118.44 acre-feet per year from wells extracting water from the Carmel Valley alluvial aquifer, or as may be changed by the State Water Resources Control Board (SWRCB) pursuant to Condition #5 of SWRCB Permits 20831 and 20832, as amended May 2, 2003; and (2) 203.10 acre-feet per year from wells in the Monterra Ranch portion of the CWWCWDS service area.
The expansion capacity (connection) limit for the CWWCWDS is 436 connections. This limit is the sum of the following amounts: (1) 150 connections in the areas known as Cañada Woods and Cañada Woods East, including a maximum of 55 residential parcels and 15 apartment units as specified in Exhibits D-1, E, and J (Table S-4) of Application #20041001CWW; and (2) 286 connections for the combined Monterra Ranch and Cañada Woods North properties (as per the demand projections provided in “Exhibit C” of the January 20, 2000 application for amendment to the permit for the Monterra Ranch Mutual Water Company Water Distribution System. No municipal unit (jurisdiction) allocation is associated with this Permit.
4.
Within
the CWWCWDS, water from the
5.
Water
from wells outside the
The
following wells located within the CWWCWDS and outside the
Mandatory Conditions of Approval (MPWMD
Rule 22-D)
6. The Permittee shall obtain a Domestic Water Supply Permit issued to the Cañada Woods Water Company by the Monterey County Health Department for the potable water system serving the area known as Cañada Woods and Cañada Woods East and shall provide a copy to MPWMD before this Permit is valid.
7. The Permittee shall execute an Indemnification Agreement prepared by MPWMD that holds MPWMD harmless and promises to defend MPWMD from any claims, demands, or expenses of any nature or kind arising from or in any way related to the adequacy of the water supply for the CWWCWDS, and for expenses related to any legal challenge to the approval of this Permit, including MPWMD staff time and efforts by legal counsel. This Indemnification Agreement must signed and executed within 60 days of the date of approval (i.e., Monday, April 25, 2005) for this permit to be valid.
8. The Permittee shall comply with MPWMD
Rules and Regulations relating to water well registration, metering and annual
reporting of production. The Permittee shall also comply with the specific
reporting requirements for preparation and submittal of an Annual Water
Distribution System Monitoring Report (Annual Monitoring Report)
described in Condition #23 of this Permit.
The costs of complying with these requirements shall be borne by the
Permittee.
9. All production wells within the CWWCWDS
service area shall report production by the Water Meter Method (MPWMD Rule
56).
10. The Permittee shall comply with all
pertinent MPWMD water conservation rules and regulations. All development shall comply with all
(a) promote, when possible, irrigation during the lowest evapotranspirative times of the day, i.e., before 9:00 AM and after 5:00 PM;
(b) minimize irrigation during high wind
periods to reduce applied water losses;
(c) maintain irrigation systems to minimize
losses from leaks;
(d) prevent indiscriminate or excessive water
use; and
(e) prevent use of water that is unproductive
or runs to waste.
The Permittee is advised that MPWMD shall
not issue an expansion/extension permit that allows the use of potable water
for green-belt irrigation when an alternate sub-potable water source is
reasonably available (MPWMD Rules 23 and 24).
As is specified in Condition #23(i) of this Permit, a description of the
water conservation program for the CWWCWDS shall be provided in the Annual
Monitoring Report.
11. No new water meters within the CWWCWDS
service area shall be set until a water connection permit has been secured from
MPWMD for each connection in accordance with MPWMD regulations
governing issuance of water connection permits, including payment of applicable
fees. Any modification to a permitted
use shall require prior review and approval by MPWMD, either by waiver or
permit. Connection charges
shall be calculated based on water demand estimates using MPWMD’s water demand
methodology.
12. Any intensification or expansion within
the CWWCWDS (new system facilities, source of supply, expansion of service area
boundaries, changed conditions regarding water service by other entities,
increase in the production or connection limits set in Condition #3 of this
Permit, or other changes described in MPWMD Rule 22-E) shall first require
approval of an amendment to this Permit.
13. The
property served by the CWWCWDS may not be served by any other system, except as
noted in Conditions #14, 15, 16, and 17 of this Permit, without prior approval
of an amendment to this Permit. California American Water (Cal-Am) service is
currently provided for two connections that pre-existed creation
of the Cañada Woods Water Distribution System in 1995. Additional Cal-Am service shall be
provided only in a fire emergency in areas of the CWWCWDS service area that are
within the Cal-Am service area.
14. Hanover-Monterra Investors II (former owner of Monterra Ranch) executed an agreement (undated but in 1991) with Cal-Am to provide for an emergency intertie between the Cal-Am and Monterra Ranch systems. For the purposes of this Permit, “emergency” shall mean any water outage with the potential for a health or safety hazard, as determined by the Director of Environmental Health in compliance with Monterey County Code Section 10.72.020(F). Transfer of water through emergency interties between Cal-Am and the CWWCWDS shall be metered and documented. Use of an emergency intertie for a period of time exceeding fifteen consecutive days shall be reviewed by the MPWMD General Manager, and a determination as to whether or not the continued use of the intertie constitutes an emergency as defined, shall be made. This determination shall be reported to the MPWMD Board at the next regular Board meeting.
15. Water
transferred from the Cal-Am system through an emergency intertie with the
CWWCWDS must be replaced within six months from the first day of water
transfer. Any water so transferred must
be replaced with an equal quantity of water conforming to Title 22 of the
California Domestic Water Quality and Monitoring Regulations. In the event that water has not been replaced
in kind within six months from the first day of transfer, CWWCWDS shall pay to
MPWMD a Use Fee for the quantity of water not replaced, at a rate of 150
percent of the average customer cost of water produced by Cal-Am during the
six-month period preceding the emergency.
16. Use of emergency interties to the CWWCWDS
shall only be operated under emergency conditions as defined in Condition #14
of this Permit, at which time notification shall be provided to the MPWMD
General Manager, and the Monterey County Director of Environmental Health.
Where emergency circumstances do not allow for advance written notification,
such notification shall be provided in writing as soon as possible thereafter.
17. The CWWCWDS may temporarily receive trucked-in water in a non-fire emergency, system failure or similar short-term critical event. Use of trucked-in water shall be governed by MPWMD Rules.
18. Upon MPWMD Board approval of
this Permit, the Permittee shall pay to MPWMD the invoiced cost for MPWMD staff
time spent to process this Permit subsequent to July 9, 2004, the date Permit
#M03-01 for the Cañada Woods Water Distribution System was signed. The Permittee is not charged for the first 20
hours of staff time. The Permittee will
be provided documentation to support the invoiced amount. This Permit is not
valid until payment for the invoiced amount is received by MPWMD. Payment must be received within 60 days of
the date of approval (i.e., Monday, April 25, 2005) for this permit to be valid.
19. The Permittee shall sign a form titled “Acceptance of Permit Conditions for CWWCWDS Permit #M05-01.” By signing the form, the Permittee acknowledges that he/she understands and accepts these conditions as a binding part of the permit approval, and agrees to carry them out faithfully. This Permit is not valid until the signed acceptance form has been received by MPWMD. The signed form must be received within 60 days of the date of approval (i.e., Monday, April 25, 2005) for this permit to be valid.
20. A copy of a CWWCWDS agreement to serve water to recipient parcels shall be provided to MPWMD before this Permit is valid (a sample agreement is acceptable). The sample agreement must be received within 60 days of the date of approval (i.e., Monday, April 25, 2005) for this permit to be valid.
21. Construction
tasks for facilities authorized by this Permit shall be initiated within one
year from the date this Permit is issued. This Permit shall expire if no action is
taken within that year. Permitted
construction tasks shall be completed and water distribution system operation
shall commence within two years from the date this Permit is
issued. The Permittee may apply in
writing to the MPWMD General Manager for a 180-day extension to
the project initiation deadline and/or the system operations commencement
deadline, to be approved at the discretion of the General Manager upon a
finding of due diligence by the Permittee to complete construction and commence
operation of the system.
22. The
Permit granted herein is subject to revocation in the event the Permittee does
not fully comply with each and every condition set forth in this
document.
23. Reporting
requirements for the CWWCWDS are as follows:
a. The Permittee shall implement a comprehensive
water production, delivery, and hydrogeologic monitoring program. This program shall require the submittal of
an Annual Water Distribution System Monitoring Program Report (Annual
Monitoring Report). Each water
distribution system report shall cover the reporting year from October 1
through September 30 and shall be submitted to MPWMD not later than December 31
following the end of the reporting year.
The first report shall be due not later than December 31, 2005. This report, at a minimum, shall include the
reporting of, and the analysis and interpretation of, monitoring data described
in Conditions #23(b) through 23(k) of this Permit. A qualified consultant acceptable to the
MPWMD General Manager shall prepare the report at the applicant’s expense. A qualified consultant includes a certified
hydrogeologist, a 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 hydrogeology. These specialties shall be certified in or
registered by the State of
b. The Annual Monitoring Report shall
include the detailed status of development within the CWWCWDS service
area, analysis of water consumption by individual lots, for each type of use,
both individually and cumulatively, and updated projections of
future water usage within the CWWCWDS service area. This report shall also include an annual
updated determination of the production capacity of the CWWCWDS
facilities. The method for determining
updated well production capacity shall be based on actual pumping rate data (in
gallons per minute or in cubic feet per minute) collected during the current
reporting year, and the method shall be acceptable to the MPWMD General
Manager.
c. The Annual Monitoring Report shall
include a master table or tables presenting a summary of annual water
production, delivery, and connection data for all years, 1998 through the current
year. The report shall also include
summary tables and figures as appropriate to show:
1.
monthly
production from each well in the CWWCWDS for the current year;
2.
monthly
well production by type of use for the current year;
3.
annual
well production and use for all years, 1998 through the current year;
4.
annual
water use by type for all years; and
5.
the
current percentage of buildout for each type of connection.
d. The Permittee shall record monthly
metered sales for each water user in the CWWCWDS. These data shall be transmitted annually to
the MPWMD as part of the Annual Monitoring Report, without revealing the
customer name or address.
e. The Permittee shall measure water levels
a minimum of once a month in each active production well and monitoring
well. For each inactive production well
and monitoring well, water levels shall be measured a minimum of twice
annually, and the times of measurement shall include the anticipated annual
high and low water levels at each site.
These data shall be transmitted annually to the MPWMD as part of the Annual
Monitoring Report. Active wells
shall not be pumped for 24 hours prior to water level measurement. The reference elevation of the measuring
point at each well shall be surveyed and included in the Annual Monitoring Report.
f. A ground-water quality sampling program
shall be conducted once every year, with the results presented in the Annual
Monitoring Report. At a minimum,
each active production well in the Monterra Ranch portion of the CWWCWDS,
including the area known as Cañada Woods North, shall be sampled annually in
October and analyzed by a state certified water quality laboratory to include
the following parameters: Calcium,
Sodium, Magnesium, Potassium, Bicarbonate, Sulfate, Hydrogen Sulfide, Chloride,
Ammonia Nitrogen, Nitrate, Iron, Manganese, Total Dissolved Solids, Specific
Conductance, pH, and field water temperature.
Tables (and figures, as appropriate) showing values of these parameters
for each well shall be included in the Annual Monitoring Report.
g. The Permittee shall annually conduct a
system-wide leak detection inspection of the CWWCWDS facilities, and
the Permittee shall repair identified leaks with the goal of
maintaining production system losses (unaccounted water use) at seven (7)
percent or less of annual production.
This condition shall be presented in the Annual Monitoring Report
and shall be subject to annual review by the MPWMD General Manager.
h. A section of the Annual Monitoring
Report shall be dedicated to a description of the water conservation
program for the CWWCWDS. This program
includes water use limitations specified in the Declaration of Restrictions of
the Monterra Ranch subdivision, including the use of drought tolerant
landscaping. MPWMD requirements for
installation of low flow plumbing fixtures to reduce average per-unit
consumption shall be enforced.
i. If information contained in the Annual
Monitoring Report indicates the occurrence of adverse impacts in the form
of reduction in well yield or substantial decline in water levels, the
Permittee shall undertake additional conservation measures in the
form of more stringent water conservation, water reclamation, and recycling for
sub-potable uses, with the goal of eliminating adverse impacts.
j. As part of the Annual Monitoring Report
, the Permittee shall provide to MPWMD copies of all reports required by the
State Water Resources Control Board (SWRCB) pursuant to SWRCB Permits 20831 and
20832, including the annual “Progress Report by Permittee” for each SWRCB
permit and any and all reports relating to the storage and metering facilities
known as the “two-way dual metering” system authorized and regulated by the
SWRCB to assure that the quantity of water extractions from the alluvial
aquifer approved by the SWRCB remains in the Carmel River watershed.
k. The Permittee shall annually pay to
MPWMD, by December 31 of each year, the sum of one thousand four hundred
dollars ($1,400.00) as a fee for up to twenty (20) hours of cumulative MPWMD
staff time associated with MPWMD’s review of the Annual Monitoring Report
and other documentation provided by the Permittee and with enforcement of the
permit conditions. In any given year, if
the cumulative MPWMD staff time required for review of documentation provided
by the Permittee and enforcement of the permit conditions exceeds twenty (20)
hours, the Permittee shall be charged at the rate of $70 per hour for each
additional hour of MPWMD staff time required.
The first payment shall become due on December 31, 2005.
24. The
Permittee shall irrigate and maintain vegetation within the
25. Upon notice to the Permittee or its
designated representative in writing or by telephone, the Permittee shall allow
reasonable access to CWWCWDS property by MPWMD or its designated
representative to inspect water production facilities, water
measuring devices, take readings from water measuring devices, and inspect the
condition of vegetation within the portion of the Carmel River riparian
corridor on Permittee’s property.
26. Nothing in this Permit shall be construed to grant or confirm any water right.
27. The Permittee shall provide timely notice to MPWMD of any request, petition, application, amendment, motion and/or advice letter affecting the CWWCWDS and/or the Cal-Am WDS that the Permittee submits to Monterey County, the Monterey County Health Department, the State Water Resources Control Board, the Regional Water Quality Control Board, and/or the California Public Utilities Commission.
28. The Permittee shall provide timely notice to MPWMD of any change to CWWCWDS ownership and any changes to the names of CWWCWDS facilities.
Attachment 1 List of Assessors’ Parcel Numbers in Cañada Woods Water Company Water
Distribution System Service Area
Attachment 2 Map of Cañada
Woods Water Company Water Distribution System Service Area
Attachment 3 Location
Map, Wells in Carmel Valley Alluvial Aquifer, Cañada Woods Water Company Water
Distribution System
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