WATER SUPPLY PLANNING COMMITTEE
ITEM:		DISCUSSION ITEM
4.	DISCUSS SYSTEM OPERATING CONSTRAINTS UNDER CEASE AND DESIST ORDER AFTER DECEMBER 31, 2021
Meeting Date:			March 1, 2021	Budgeted:
From:			David J. Stoldt	Program/
			General Manager	Line Item:	N/A
Prepared By:			David Stoldt	Cost Estimate:
General Counsel Review: N/A
Committee Recommendation: N/A
CEQA Compliance: This action does not constitute a project as defined by the California Environmental Quality Act Guidelines section 15378.

SUMMARY: On October 1, 2022 the State Water Resources Control Board (SWRCB) Cease and Desist Order WR 2016-0016 requires that the Effective Diversion Limit (EDL) on withdrawals from the Carmel River for Water Year 2021-22 become California American Water’s (Cal-Am) legal limit of 3,376 acre-feet (AF) per year and remains such every water year thereafter.

Section 3.b. of the CDO defines how the EDL is calculated. To date, every water year has reported an EDL calculation which is reduced by (i) any reductions for missed milestones, (ii) Pure Water Monterey available Company Water, (iii) the first 600 AF diverted to aquifer storage and recovery (ASR), (iv) water produced by the Sand City desalination plant not served to residents of Sand City, (v) to the extent Malpaso water is used by Cal-Am to serve its customers, this water will be counted towards calculation of compliance with the EDL. Up to 750 AF can be added back to the EDL based on available “carryover” credit for prior year savings accumulated. Carryover credit expires in the 2021-22 water year.

Exhibit 4-A shows the WY2019-20 annual calculation of compliance with the EDL as submitted by Cal-Am to the SWRCB.

The offsets to the EDL from other water rights (ASR, Sand City, Malpaso, Table 13, etc) creates confusion as to compliance with the CDO. However, Section 3.b.vi of the CDO states “If the reductions required under this subparagraph will result in the Effective Diversion Limit for that year being lower than Cal-Am’s available lawful diversions from the Carmel River in that year, Cal-Am may apply to the Deputy Director for Water Rights for a limitation of this section such that the provision will not limit lawful diversions.” Staff will discuss the calculation methodology at the Committee meeting.

District and Cal-Am staff have discussed certain system physical constraints that may further affect the ability to comply with the EDL. District staff will be prepared to discuss this subject with the Committee.

EXHIBIT
4-A WY 2019-20 Cal-Am Calculation of EDL Compliance

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