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ITEM: |
PUBLIC HEARING |
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17. |
CONSIDER SECOND READING AND
ADOPTION OF ORDINANCE NO. 166 AMENDING RULE 11 AND ADDING RULE 23.8 TO
ESTABLISH A WATER ENTITLEMENT FOR D.B.O. DEVELOPMENT NO. 30, A CALIFORNIA
LIMITED LIABILITY COMPANY |
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Meeting
Date: |
December 14, 2015 |
Budgeted: |
N/A |
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From: |
David J.
Stoldt, |
Program/ |
N/A |
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General
Manager |
Line Item No.: |
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Prepared
By: |
Stephanie Locke |
Cost
Estimate: |
N/A |
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General Counsel Review: Yes |
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Committee Recommendation: N/A |
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CEQA Compliance: MPWMD has
determined that a Statutory Exemption applies as defined in CEQA Guidelines
Section 15268 (Ministerial Projects), based on previous environmental
determinations by the Courts. |
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SUMMARY: Ordinance
No. 166 (Exhibit 17-A) establishes
a Water Entitlement for the D.B.O. Development No. 30, a California
Limited Liability Company (D.B.O. Development No. 30) of
13.95 Acre-Feet Annually (AFA) (15 AFA of production water) to be used
for new and intensified water uses by properties located within the California
American Water service area and supplied with water from the Seaside
Groundwater Basin.
A Water Entitlement is a discrete
quantity of water designated by a District ordinance to a specified Water
Entitlement Holder for new or Intensified Water Use. A Water Entitlement Holder
assigns water to its subscribers via Assignment Documents that the subscribers
then use to obtain Water Use Permits from the District. The Water Use Permit
can then be used to permit new or intensified water use up to the amount specified.
CEQA: MPWMD has followed those guidelines adopted
by the State of California and published in the California Administrative Code,
Title 14, Section 15000, et seq. Specifically, the
MPWMD has determined that a Statutory Exemption applies as defined in CEQA
Guidelines Section 15268 (Ministerial Projects), based on previous
environmental determinations by the Courts.
The Monterey County Superior Court concluded that its Adjudication
Decision included environmental determinations related to the Seaside Basin and
adjudication of the rights therein. The
MPWMD action is also consistent with the May 11, 2009 Court Order as confirmed
by the Sixth District Court of Appeal, which limits CEQA review of
water-related issues to areas other than the Seaside Basin.
RECOMMENDATION: Staff
recommends the Board approve the second reading and adoption of Ordinance No.
166, establishing a Water Entitlement for D.B.O. Development No. 30, LLC,
conditioned on approval of the amendment to the California American Water
Company Water Distribution System Permit.
Staff should be directed to file a Notice of Exemption with the County
Clerk.
EXHIBIT
17-A Draft Ordinance No. 166
U:\staff\Boardpacket\2015\20151214\PubHrngs\17\Item17.docx