WATER DEMAND COMMITTEE

 

 

2.

CONSIDER ADOPTION OF ORDINANCE NO. 135 WITH URGENT EFFECT – INCLUDE THE INLAND SUBAREAS OF THE SEASIDE GROUNDWATER BASIN INTO THE MONTEREY PENINSULA WATER RESOURCE SYSTEM

 

Meeting Date:

August 5, 2008

Budgeted: 

N/A

 

From:

Darby Fuerst,

Program/

N/A

 

Interim General Manager

Line Item No.:

 

 

 

Prepared By:

 

Stephanie Pintar

Cost Estimate:

N/A

General Counsel Approval:

N/A

CEQA Compliance:

Negative Declaration.  Initial Study and Notice of Intent to Adopt a Negative Declaration filed with the County Recorder April 18, 2008. 

 

SUMMARY:  Draft Ordinance No. 135 (Exhibit A) responds to current California American Water (CAW) water system dynamics by expanding the definition of the Monterey Peninsula Water Resource System (MPWRS) to include the entire Seaside Groundwater Basin.  This is needed at this time, due to the fact the Seaside Groundwater Basin Adjudication Decision recognizes the Laguna Seca Subarea as part of the Seaside Groundwater Basin.  The ordinance also includes specific triggers to move the water users of the Laguna Seca Subarea to conservation and rationing stages, when necessary, to respond to reductions in available supply.  The ordinance affects properties within the jurisdictions of the City of Monterey, Del Rey Oaks, and the unincorporated Monterey County.

 

Ordinance No. 135 will facilitate reduced CAW water production to achieve the limits set by the Seaside Groundwater Basin Watermaster.  The changes include amendment of the definition of the MPWRS to include the Northern Inland Subarea and the Laguna Seca Subarea in the Seaside Groundwater Basin, and a definition for the satellite systems of the California American Water Main System (i.e., Bishop, Hidden Hills and Ryan Ranch).  Other modifications to Regulation XV (Rules 160 through 175) have been made to implement these changes.

 

RECOMMENDATION:  Staff recommends the Water Demand Committee review draft Ordinance No. 135 and recommends to the Board that the ordinance be adopted with urgency effect to protect and manage the water resources of the Laguna Seca Subarea.  If this ordinance, by super majority vote of the Board i.e., five votes, is adopted as a matter of urgency, there would be no second reading, and the ordinance would take effect on September 17, 2008.  In the alternative, if the ordinance is enacted as a non-urgent matter, a second reading would be required and the measure would take effect thirty days following approval on second reading.

 

DISCUSSION:  The impetus for this amendment to Regulation XV is the 2006 Seaside Adjudication decision whereby CAW water use within its satellite systems is restricted.  Presently, CAW is limited to no more than 345 acre-feet (AF) of production from its wells in the Laguna Seca Subarea for customers in its Ryan Ranch, Hidden Hills, and Bishop satellite systems by the adjudication decision.  For WY 2008 to date, i.e., October 1, 2007 through July 31, 2008, CAW has produced more than 400 AF from the Laguna Seca Subarea for customers in its satellite systems. By adding the Laguna Seca Subarea into the Water Resource System, the area becomes subject to the District’s Expanded Water Conservation and Standby Rationing Plan. 

 

On May 19, 2008, the Board considered first reading of Ordinance No. 134 that would have modified the District’s Expanded Water Conservation and Standby Rationing Plan and incorporated the Inland Subareas of the Seaside Basin into the MPWRS.   At that meeting, the Board requested that the ordinance be bifurcated so that Ordinance No. 134 would address modifications to the Expanded Water Conservation and Rationing Plan, and a new Ordinance No. 135 would include modification to the MPWRS.  This action would allow time for District staff and Inland Subarea property owners to meet and discuss the proposed rules.  Since then, District staff has conducted three meetings with Inland Subarea property owners.

 

EXHIBIT

2-A      Draft Ordinance No. 135

 

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