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ITEM: |
ACTION ITEM |
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2. |
CONSIDER RESPONSE TO STATE WATER RESOURCES
CONTROL BOARD REGARDING REDUCTION IN EFFECTIVE DIVERSION LIMIT UNDER THE
CEASE AND DESIST ORDER |
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Meeting Date: |
December 23, 2020 |
Budgeted: |
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From: |
David J. Stoldt, General Manager |
Program/ |
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Line Item No.: |
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Prepared By: |
David J. Stoldt |
Cost Estimate: |
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General Counsel Approval: N/A |
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Committee Recommendation: None |
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CEQA
Compliance: This action does not
constitute a project as defined by the California Environmental Quality Act
Guidelines Section 15378. |
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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 appeared to be in response to an October 21, 2020 letter by
Cal-Am to the SWRCB, which included several spurious and debunked claims, as
well as the outrageous accusation that the District was the cause of missing
Milestone 5.
Staff prepared a draft response to the SWRCB which was reviewed by the
Board at its December 14, 2020 meeting.
Extensive revisions were made and the revised proposed draft letter is attached
hereto as Exhibit 2-A.
RECOMMENDATION: The
Board should review the draft response, recommend additional changes if desired,
and consider authorizing the General Manager to send to the SWRCB.
EXHIBIT
2-A Draft response by District to SWRCB
U:\staff\Boardpacket\2020\20201223\02\Item-2.docx