DRAFT

Exhibit 16-A

RESOLUTION 2004-

A Resolution of the Board of Directors

of the Monterey Peninsula Water Management District

Concerning the Continuation of the Mitigation Program

WHEREAS, on November 5, 1990, after finding that all procedures required by the California Environmental Quality Act had been completed, the Monterey Peninsula Water Management District Board certified the Final Environmental Impact Report (EIR) for the Water Allocation Program and adopted Resolution No. 90-22, which approved Supply Option V contained in said EIR and set forth a program (the Mitigation Program) designed to mitigate adverse impacts to the environment from the use of water from the Monterey Peninsula Water Resource System.

WHEREAS, on May 20, 1996, the Monterey Peninsula Water Management District Board reviewed the Mitigation Program and determined that the District should continue to fund and implement the Mitigation Program.

WHEREAS, the Monterey Peninsula Water Management District Board has continuously received progress reports concerning, and has monitored the progress of the Mitigation Program.

WHEREAS, the Mitigation Program is an integrated approach for managing water from the Monterey Peninsula Water Resource System and protecting the public trust resources of the Carmel River.

WHEREAS, the Mitigation Program includes the following activities to address the impacts of water use on Carmel River fisheries: the negotiation of an annual Memorandum of Agreement to maximize the extent of viable stream habitats below San Clemente Dam; the capture and transport of emigrating smolts in spring, the prevention of stranding of fall and winter juvenile migrants, the rescue of stranded juveniles, the transport and study of passage of smolts past Los Padres Dam, restoration of spawning habitat downstream of Los Padres Dam, monitoring of fish habitat and population, monitoring of food and supply, monitoring and modification of fish migration barriers, making recommendations to correct problems observed, and operation and maintenance of a juvenile rearing facility.

WHEREAS, the Mitigation Program includes the following activities to address the impacts of water use on vegetation and wildlife, bank stability, and aesthetics in the Carmel River riparian zone: riparian vegetation propagation, planting, and irrigation, soil moisture and vegetative stress monitoring, riparian vegetation management, wildlife monitoring, riverbank erosion prevention, channel restoration, and enforcement of District regulations to protect the riparian corridor of the Carmel River.

WHEREAS, the Mitigation Program includes the following activities to address the impacts of water use on vegetation and wildlife in the Carmel River lagoon: lagoon vegetation, hydrology, and water quality monitoring, the identification of alternatives to maintain adequate lagoon water volume, and assistance with lagoon enhancement investigations.

WHEREAS, the Mitigation Program includes the following activities to address the impacts of water use on water quantity and quality in the Monterey Peninsula Water Resource System: monitoring and reporting of precipitation, streamflow, surface water quality, ground water levels and quality, and water use by water distribution systems and wells.

NOW THEREFORE, BE IT RESOLVED that the Board of Directors of the Monterey Peninsula Water Management District Board of Directors hereby determines that:

1. The Mitigation Program has reduced the adverse environmental effects of Supply Option V and has protected public trust resources.

2. The Mitigation Program has provided substantial benefit to fisheries, riparian vegetation and wildlife, aesthetics, lagoon vegetation and wildlife, and the general public.

3. The Mitigation Program shall be continued at no less than its present level of funding.

4. The Mitigation Program shall be continued by the Monterey Peninsula Water Management District.

On motion of Director ______ and seconded by Director _______, the foregoing resolution is duly adopted this 19^th day of April, 2004 by the following votes:

AYES:

NAYS:

ABSENT:

I, Fran Farina, Secretary to the Board of Directors of the Monterey Peninsula Water Management District, hereby certify that the foregoing is a resolution duly adopted on the 19^th day of February 2004.

Witness my hand and seal of the Board of Directors this _____ day of ___2004.

____________________________

Fran Farina, Secretary to the Board

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