EXHIBIT 17-B
MONTEREY PENINSULA WATER MANAGEMENT
DISTRICT (MPWMD)
DRAFT
FINDINGS OF APPROVAL
CONSIDERATION
OF APPLICATION TO AMEND
(Application
#20021031CAN)
Adopted by MPWMD Board on ________, 2003
Unless otherwise noted, all cited
evidence is available for review at the MPWMD Office,
5 Harris Court, Building G, Monterey
(Ryan Ranch)
It
is hereby found and determined as follows:
1. FINDING: The Cañada Woods Water Distribution System is represented
by Carmel Development Company (“Applicant”) at 7260 Carmel Valley Road, Carmel
Valley. The project area is defined as
Assessor’s Parcel Numbers (APN) 169-221-017 through 169-221-025, 169-011-004,
169-011-005, 169-011-011, and 169-011-017.
The current Cañada Woods Water Distribution System (CWWDS) permit was
approved by the MPWMD Board on May 15, 1995 with a system capacity (production)
limit of 159.8 acre-feet per year (AFY) and an expansion capacity (connection)
limit of 150 connections. Since issuance
of the permit, water produced by CWWDS wells in the Carmel Valley alluvial
aquifer has been used for agricultural irrigation, landscape irrigation, and
construction activities. However, no
connections to the CWWDS have been issued under the May 15, 1995 permit.
EVIDENCE: Permit Application #20021031CAN, site
map and supporting materials dated October 31, 2002; MPWMD Amended Final
Conditions of Approval for CWWDS dated May 15, 1995; annual Water Distribution
System Reports submitted by CWWDS to MPWMD.
2.
FINDING: The Cañada Woods Subdivision was
approved by the County of Monterey in 1994 based on a Final Environmental
Impact Report (EIR) that was certified on March 15, 1994. The Final Environmental Assessment of the
Cañada Woods Public Water System was approved as an Addendum to the Cañada
Woods Subdivision EIR and certified by the County of Monterey on February 14,
1995. Addition of the Cañada Woods East
portion was approved by the County of Monterey in 1995 based on approval of an
Expanded Initial Study and adoption of a Negative Declaration on August 22,
1995. Revised potable water demand projections for Cañada Woods and Cañada
Woods East are shown in the Final EIR for Cañada Woods North, certified by the
County of Monterey on December 17, 1996.
EVIDENCE: Monterey County Board of Supervisors
Resolutions 94-108, 95-076, 95-384, and 96-518.
3. FINDING: Applicant has applied for a permit
to amend the CWWDS to: (a) increase the service area by adding APN 169-011-011
and 169-011-017, the area known as Cañada Woods East consisting of
approximately 397 additional acres located adjacent to the easterly boundary of
the existing CWWDS service area; (b) replace Willow Well with River Well #2;
and (c) construct additional storage and delivery facilities as described on
the large map identified as “Exhibit X” provided with the application. No change to the system capacity (production)
or expansion capacity (connection) limits is requested.
EVIDENCE: Permit Application #20021031CAN, large
map identified as “Exhibit X” and supporting materials dated October 31, 2002.
4. FINDING: The application to amend the CWWDS, along with supporting
materials, is in accordance with District Rules 21 and 22.
EVIDENCE: Permit Application #20021031CAN, site
map and supporting materials dated October 31, 2002.
Required Findings (MPWMD Rule 22-B)
5. FINDING: The approval of the permit would not allow unnecessary
duplication of water service.
California-American Water Company (Cal-Am) service is currently provided
for a limited number of residential and commercial connections that pre-existed
creation of the CWWDS in 1995. Existing
limitations and constraints on Cal-Am by the State Water Resources Control
Board (SWRCB) and MPWMD would preclude additional Cal-Am service to this property
for many years.
EVIDENCE: Permit Application #20021031CAN;
information on Cal-Am water service in MPWMD files; SWRCB Order WR 95-10
limiting Cal-Am production from alluvial aquifer; MPWMD Water Allocation
Program.
6. FINDING: The approval of the permit would not result in water
importation or exportation to or from the District, respectively.
EVIDENCE: The referenced parcels are located
wholly within the MPWMD as shown on District boundary location maps.
7. FINDING: Approval of the application would not result in
significant adverse impacts to the environment that cannot be mitigated by
conditions attached to the permit.
EVIDENCE: Permit Application #20021031CAN showing
no change to production or connection limits is requested. List of environmental review documents
relevant to application prepared by Andrew Bell, MPWMD District Engineer, and
transmitted to MPWMD Board along with all referenced documents on May 29,
2003.
8. FINDING: The application adequately identifies the claim of right for the source of water supply and provides supporting verification. The source is the Carmel Valley alluvial aquifer.
EVIDENCE: Information provided in Application
#20021031CAN, including Permits 20831 and 20832 issued by the SWRCB on March
29, 1996 and Petition for Change to those permits for changes to point of
diversion and place of use dated February 27, 2001; SWRCB Order dated May 2, 2003 issuing Amended
Permits 20831 and 20832 adding River Well #2 as a point of diversion and
expanding the place of use to include Cañada Woods East and the portion of
Cañada Woods North within the Carmel River watershed.
9. FINDING: The application demonstrates existence of a long-term
reliable source of water supply for the proposed uses.
EVIDENCE: MPWMD Amended Conditions of Approval for CWWDS dated May 15,
1995 (no change to system limits is requested); SWRCB Order dated May 2, 2003
issuing Amended Permits 20831 and 20832 adding River Well #2 as a point of
diversion and expanding the place of use to include Cañada Woods East and the
portion of Cañada Woods North within the Carmel River watershed.
10. FINDING: The primary source of supply (the Carmel Valley alluvial aquifer) is shared by other water distribution systems, with Cal-Am being the largest water producer from aquifer subunit #3 (AQ3). Despite management efforts by MPWMD, SWRCB, California Department of Fish & Game, NOAA Fisheries, and U.S. Fish and Wildlife Service, the river resource and dependent species, including two federally threatened species, is adversely affected by the cumulative impacts of all water distribution systems diverting water from AQ3. Issuance of a permit to amend the CWWDS would not be expected to result in any new adverse impacts to the species and habitat dependent on the source of supply because no change to existing production or connection limits is requested. Any request to change the existing production or connection limits will require a future application and amended permit approved by MPWMD. The system water diversion is also limited by SWRCB appropriative permit conditions.
EVIDENCE: Information provided in Application
#20021031CAN, including Permits 20831 and 20832 issued by the SWRCB on March
29, 1996 and Petition for Change to those permits for changes to point of
diversion and place of use dated February 27, 2001; SWRCB Order dated May 2,
2003 issuing amended Permits 20831 and 20832 adding River Well #2 as a point of
diversion and expanding the place of use to include Cañada Woods East and the
portion of Cañada Woods North within the Carmel River watershed; SWRCB Order
2002-0002; annual Memoranda of Agreements and quarterly water supply budgets
set for the Cal-Am water distribution system.
11. FINDING: The
primary source of supply for the CWWDS is derived from the Monterey Peninsula
Water Resources System. Water from the
Carmel Valley alluvial aquifer has been diverted for use within the portion of
the CWWDS located south of Carmel Valley Road since well before the CWWDS
permit was issued. The alluvial aquifer
is in the jurisdiction of the SWRCB, which has issued appropriative water
rights for uses within the CWWDS.
EVIDENCE: MPWMD map showing boundaries of Carmel
Valley alluvial aquifer superimposed on Monterey County parcels; well location
maps and related information provided with Application #20021031CAN; SWRCB
Order dated May 2, 2003 issuing Amended Permits 20831 and 20832 adding River
Well #2 as a point of diversion and expanding the place of use to include
Cañada Woods East and the portion of Cañada Woods North within the Carmel River
watershed.
12. FINDING: Cal-Am service is currently provided
for two connections that pre-existed creation of the CWWDS in 1995. Emergency fire protection would be provided
by the CWWDS and, if needed, the Cal-Am system for portions of the system
boundary located within the Cal-Am service area. Cal-Am supply would not be available if the
proposed system experienced a failure or other non-fire emergency situation. Temporary water service could be provided by
the proposed intertie to the adjacent Monterra Ranch WDS or by trucked-in
water.
EVIDENCE: Information on Cal-Am water service in MPWMD files; map of
Cal-Am service area; permit Application #20021031CAN information; Condition #12
of the July 2003 MPWMD Conditions of Approval for Amendment to CWWDS Permit.
13. FINDING: Adequate measures to protect other water systems and sources of supply will be in place, including the proposed “two-way dual metering” system for monitoring water transfers between the CWWDS and Monterra Ranch WDS.
EVIDENCE: Permit Application #20021031CAN
information. Approvals of these measures
and facilities by the Monterey County Health Department and the State Water
Resources Control Board are required pursuant to Conditions #3 and 4 of the
July 2003 MPWMD Conditions of Approval for Amendment to CWWDS Permit.
Minimum Standards for Granting a Permit
(MPWMD Rule 22-C)
14. FINDING: The application adequately identifies the responsible party, who, at all times will be available and legally responsible for the proper performance of duties required by the permit holder.
EVIDENCE: Permit Application #20021031CAN.
15. FINDING: The
treated water quality for potable use will meet California Title 22 water
quality standards.
EVIDENCE: Permit Application #20021031CAN
materials; requirements of Monterey County Health Department for issuance of a
Domestic Water Supply Permit. Condition
#3 of the July 2003 MPWMD Conditions of Approval for Amendment to CWWDS Permit
requires proof of issuance of a Domestic Water Supply Permit.
16. FINDING: The application identifies the locations of the sources of supply for water distribution system (water source and well sites).
EVIDENCE: Permit Application #20021031CAN and
related maps and materials.
17. FINDING: The
application meets MPWMD Rule 22-C(4) requirement that a proposed system “will
not create an overdraft or increase an existing overdraft, unless a valid
superior right is proven.” Diversion of
water to serve the system contributes to a seasonal over-appropriation of water
from the Carmel River and associated alluvial aquifer, but the SWRCB has issued
a water rights permits for uses within the CWWDS service area. See also Findings #10 and 11.
EVIDENCE: SWRCB Decision 1632, July 1995. SWRCB Order dated May 2, 2003 issuing Amended
Permits 20831 and 20832.
18. FINDING: The
application meets MPWMD Rule 22-C(5) requirement that a proposed system “will
not adversely affect the ability of existing systems to provide water to users,
unless a valid superior right is proven.”
No identified impact to other existing systems exists. SWRCB issued Order dated May 2, 2003 amending
Permits 20831 and 20832 for appropriation of water from the Carmel Valley
alluvial aquifer for uses within the CWWDS service area.
EVIDENCE: SWRCB Decision 1632, July 1995. SWRCB Order dated May 2, 2003 issuing Amended
Permits 20831 and 20832.
Compliance with CEQA
19. FINDING: In the review of this application, MPWMD has followed those guidelines adopted by the State of California and published in the California Administrative Code, Title 14, Section 15000 et seq. Specifically, the MPWMD, as a responsible agency under CEQA for this action, has relied on a series of environmental documents prepared for and certified by the County of Monterey. Copies of each pertinent environmental document have been provided to MPWMD Board members for review prior to the public hearing on this matter. The MPWMD Board has reviewed the environmental information and relied on the information as part of its decision-making on this matter.
EVIDENCE: CEQA and CEQA Guidelines. Transmittal notice of environmental documents
to MPWMD Board dated May 29, 2003 (hand-delivered). Board action of _______ 2003, including confirmation of review
of environmental documents.
20. FINDING: Sub-potable water produced from non-alluvial wells within the CWWDS service area is presently being used for irrigation and construction activities both within and outside the CWWDS service area, but this use is not authorized by the current CWWDS permit. Sub-potable water produced from non-alluvial wells within the neighboring Monterra Ranch Mutual Water Company Water Distribution System (MRMWCWDS) service area is presently being used for irrigation and construction activities within the MRMWCWDS service area, but this use is not authorized by the current MRMWCWDS permit. Reclaimed water originating from the CWWDS and MRMWCWDS service areas is currently being used for open space irrigation within the MRMWCWDS service area, but this use is not authorized by the current MRMWCWDS permit. As a condition of approval for an amended permit for the CWWDS, the Permittee must file on or before September 30, 2003 one or more complete applications for new or amended water distribution system permits to authorize existing and proposed uses of sub-potable water from non-alluvial wells and the use of reclaimed water within the service areas.
EVIDENCE: Letter from Lombardo & Gilles to
MPWMD dated February 14, 2003 Permit Application #20021031CAN, site map and
supporting materials dated October 31, 2002; MPWMD Amended Final Conditions of
Approval for CWWDS dated May 15, 1995; MPWMD Conditions of Approval for
Amendment of Monterra Ranch Mutual Water Company Water Distribution System
Permit dated March 20, 2000; annual Water Distribution System Reports submitted
by CWWDS and MRMWCWDS to MPWMD; Condition #19 of the July 2003 MPWMD Conditions
of Approval for Amendment to CWWDS Permit.
21. FINDING: But for compliance with each and
every condition listed in the July
2003 MPWMD Conditions of Approval for Amendment to CWWDS Permit, the amended
permit would be subject to revocation.
EVIDENCE: Condition #18 of the July 2003 MPWMD Conditions of Approval
for Amendment to CWWDS Permit.
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