ITEM: VI PUBLIC HEARINGS
EXHIBIT 1
A CONSIDER FIRST READING OF ORDINANCE NO. 96 -- AN ORDINANCE OFTHE BOARD OF DIRECTORS OF THE MONTEREY PENINSULA WATER MANAGEMENT DISTRICT REVISING THE DEFINITION AND REGULATION OF WATER DISTRIBUTION SYSTEMS
AFFECTED SECTION | SUGGESTION | STAFF CONCURS? |
Sec 3, Rule 11, Definitions; Sec 6, Rule 22 A.1.a and A.2.a | (a) Delete reference to "controversy";
instead state that more complex projects may require more detailed information
prior to approval [CRAC] "
(b) Definition of "controversy" should be based on concerns supported by evidence in the record [Finnegan, in minutes] (c) "Controversy" should be determined by SWRCB regarding impact to another person's water right (Isakson, in minutes] |
(a) Neutral. Both existing and suggested
text have same intent.
(b) Concur with concerns based on fact. (c) SWRCB would not have jurisdiction in upland areas. |
Sec 3, Rule 11, Definitions | Refer to a map in definition of Monterey Peninsula Water Resources System [CRAC] | Yes. |
Sec 3, Rule 11, Definitions | Definition for "replace a well" should
include language to allow replaced well to be used as a monitor well rather
than required to be abandoned [CRAC].
Change definition to delete reference to 50 feet. Well may be on same parcel; not in the riparian zone as defined by Rule 11; or if in the riparian zone, a river works permit has been applied for and issued by the District [staff] |
Yes. |
Sec 3, Rule 11, Definitions | Amend definition of "single-connection system" to address situation of a parcel subdivision that results in each new parcel with its own well. Each new parcel would be considered a single-connection system; this would not be the case if each new parcel did not have its own well. [Bridges, phone suggestion] | Yes. |
Sec 4, Rule 20 A, para 2
Permits required. |
Change Dec 2000 and June 1, 2000 to 1 day after ordinance adopted and 6 months after first day of ordinance, respectively. Clarify that projects with valid County Health permit and active well in place under the existing definition of "single-connection system" will be honored as a single connection. [staff, Bridges phone suggestion] | Yes. |
Sec 4, Rule 20 C, para 1
Exemptions |
Suggests compromise where all wells within the alluvial aquifer and all wells within 1,000 feet of alluvial aquifer boundary and/or 1,000 feet from any watercourse tributary of the Carmel River be regulated by ordinance No. 96 [CVPOA] | Board policy decision. Staff has concerns about workload as this would include most of the upland area. |
Sec 5, Rule 21 A.4.c
Applications |
Replace text that refers to providing deed to property with reference to Implementation Guidelines. [CRAC] | Neutral. Both methods suffice. |
Sec 5, Rule 21 A.7
Applications |
Change text to include mutually agreeable time for MPWMD to observe well tests. [CRAC] | Yes. |
Sec 5, Rule 21 B.3
Applications |
Clarify or delete phrase regarding "demonstration of adequate water pursuant to state and local regulations." [CRAC] | Yes. Delete text as it refers to customer, not owner or adequacy of system. |
Sec 6, Rule 22 A.1.a and A.2.a Action | See Section 3, definitions, above re "controversy" [CRAC] | |
Sec 6, Rule 22 B.1
Action |
Finding on unnecessary duplication should apply only to multiple-connection systems [CRAC] | No. Finding of duplication does not mean denial. This issue is whether duplication is unnecessary. |
Sec 6, Rule 22 B.5
Action |
Delete "and non-interruptible" as no system can meet that standard [CRAC] | Yes. |
Sec 6, Rule 22 C.4
Action |
Add the word "significant" or "significantly" when describing creation or increase of overdraft [CRAC] | No. Extent of effect is weighed based on evidence. |
Sec 6, Rule 22 C.5
Action |
Add the word "significantly" when describing impact to other systems [CRAC] | No. Extent of effect is weighed based on evidence. |
Sec 6, Rule 22 D.1.d
Action |
Suggests changing indemnity agreement terms to "arising from granting of this permit" [CRAC] | No. District needs to protect itself. |
Sec 7, Rule 173 A
Mobile water distribution systems |
Delete new second sentence; add text saying mobile water distribution systems are encouraged. [CRAC] | No. Text in ordinance was requested by Mo. Co. Health Dept. |
Sec 8, Rules 52, 54 and 57 Well Registration etc | Delete section from ordinance No. 96 and place in new "clean-up" ordinance. [CRAC] | Yes. Idea has merit. Changes are needed independent of Ord 96. |
Sec 11, Sunset Date | Suggest automatic sunset when Cal-Am complies with Condition #2 of SWRCB Order 95-10. [CRAC] | Neutral. Idea has merit. |