EXHIBIT 1
ITEM: VI PUBLIC HEARINGS

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 


SUPPLEMENTAL REFINEMENTS TO DRAFT-4 ORDINANCE NO. 96
Prepared November 9, 2000
(Brackets refer to letters received, attached as Exhibit 2)
 
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.

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