ITEM:

ACTION ITEM

 

14.

CONSIDER RESPONSE TO STATE WATER RESOURCES CONTROL BOARD REGARDINGREDUCTION IN EFFECTIVEDIVERSION LIMIT UNDER THE CEASE AND DESIST ORDER

 

Meeting Date:

December 14, 2020

Budgeted: 

 

 

From:

David J. Stoldt,

Program/

 

 

General Manager

Line Item No.:    

 

 

Prepared By:

David J. Stoldt

Cost Estimate:

 

 

General Counsel Approval:  N/A

Committee Recommendation:  None

CEQA Compliance:   This action does not constitute a project as defined by the California Environmental Quality Act Guidelines Section 15378.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SUMMARY:  On November 17, 2020 the State Water Resources Control Board (SWRCB) issued a letter to California American Water (Cal-Am) stating that ”regardless of control or fault, the 1,000-acre-foot Effective Diversion Limit reduction is an appropriate and intended consequence of Cal-Am’s missing Milestone 5.”[1]  The District and the Monterey Peninsula jurisdictions, and others, were copied on the letter.  The letter is attached as Exhibit 14-A.

 

The letter appears to be in response to an October 21, 2020 letter by Cal-Am to the SWRCB, Exhibit 14-B, which included several spurious and debunked claims, as well as the outrageous accusation that the District was the cause of missing Milestone 5.

 

Staff has prepared a draft response to the SWRCB attached hereto as Exhibit 14-C.

 

RECOMMENDATION:  The Board should review the draft response, make changes if recommended, and consider authorizing the General Manager to send to the SWRCB.

 

EXHIBITS

14-A    November 17, 2020 letter from SWRCB to Cal-Am

14-B    October 21, 2020 letter from Cal-Am to SWRCB

14-C    Draft response by District to SWRCB

 

 

U:\staff\Boardpacket\2020\20201214\ActionItems\14\Item-14.docx

 

 

 

 

 



[1] SWRCB letter of November 17, 2020 page 2, line 28