EXHIBIT 4-A
RESOLUTION #
2004 - __
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MONTEREY PENINSULA WATER MANAGEMENT DISTRICT
OPPOSING PETITION FOR TEHAMA/MONTERRA DETACHMENT FROM
MPWMD (LAFCO File No. 04-02)
WHEREAS, the California Legislature found in Water Code Appendix, Section 118-2 that “the water problems of the Monterey Peninsula area require integrated management of ground and surface water supplies, for control and conservation of storm and wastewater, and for promotion of reuse and reclamation of wastewater;” and
WHEREAS, the California Legislature declared in Water Code Appendix, Section 118-2 that, “In this region of primarily scenic, cultural, and recreational resources, which are particularly sensitive to the threat of environmental degradation, such need cannot be effectively met on a piecemeal basis;” and
WHEREAS, the California Legislature declared in Water Code Appendix, Section 118-2 that, “It is hereby declared that a general law cannot be made applicable to such area, and that the enactment of this special law is necessary for the public welfare and for the protection of the environmental quality and the health and property of the residents therein;” and
WHEREAS, the California Legislature created the Monterey Peninsula Water Management District (MPWMD or District) to serve as the regional water resources manager; and
WHEREAS, the voters of the Monterey Peninsula ratified powers and functions for the Monterey Peninsula Water Management District (MPWMD) election held in June, 1978; and
WHEREAS, under the State District Reorganization Act, the Local Agency Formation Commission (LAFCO) of Monterey
County may
amend a special district’s boundaries.
The ability of LAFCO to amend MPWMD boundaries is included in Section 118-851 of the MPWMD Enabling
Legislation (West's
Water Code – Appendix, Statutes of 1977, chapter 527); and
WHEREAS, on
March 23, 2004, the District received a LAFCO notice (File No. 04-02) along
with a document and exhibits titled, Petition to Initiate Proceedings
under the Cortese-Knoz-Hertzberg Act of 2000 for Detachment of Tehama and
Monterra Subdivisions from the Monterey Peninsula Water Management District (referred to herein as the “Petition”); and
WHEREAS, the
Petition requests that LAFCO approve detachment of the Tehama and Monterra
Subdivision areas from the District, thereby removing these areas and the water
distribution systems that serve them from District regulation; and
WHEREAS, the Petition is in direct conflict with the findings and declarations made by the California State Legislature (Water Code-Appendix 118-2); and
WHEREAS,
approval of the Petition
is a dangerous precedent that would eviscerate the integrated management structure
created by the Legislature, and as a consequence would threaten public welfare,
environmental quality and the health and property of the residents of the
Monterey Peninsula; and
WHEREAS, approval of the detachment petition
would result in piecemeal
management of ground and surface water resources, interconnected
water distribution systems, water rights settlement agreements, the
Carmel River corridor, endangered and threatened riparian species, and regional
water conservation and rationing responses; and
WHEREAS, the District in letters to LAFCO dated March 31, 2004 and April 30, 2004, has identified misinformation and incomplete evaluations contained in the Petition; communicated concerns about the Petition, and provided documentation supporting those concerns; and responded to an April 19, 2004 letter by the Petitioners; and
WHEREAS, the Petition
inaccurately states the Subdivisions are served by a “distinct and independent
source,” which is not true for the Carmel Valley Alluvial Aquifer, a major
source of potable supply for the Tehama Subdivision via the Cañada Woods Water Distribution System (WDS); and
WHEREAS, a complex web of interconnected water pipelines and water sources of various types (potable, non-potable) exists between the Cañada Woods and Monterra water distribution systems, which serve the Tehama/Monterra Subdivisions, enabling transfer of Carmel River water to areas outside of Carmel Valley; and
WHEREAS, the Petition fails to demonstrate that the legal status of the Subdivisions’ water supply is distinct and independent; and
WHEREAS, the California Public Utilities Commission (CPUC) Decision 02-04-006 dated April 12, 2002 approved a Certificate of Public Convenience and Necessity (CPCN) for the Cañada Woods Water Company to serve the Tehama/Monterra area, including the requirement for the applicant (Petitioner) to maintain the agreements with California-American Water Company (Cal-Am) set forth in Exhibit M of the Cañada Woods Water Company’s application to the CPUC; these include signed agreements for an emergency interconnection between the Monterra Ranch system and the main Cal-Am system that serves the broader Monterey Peninsula community, as well as agreements for Cal-Am to operate and manage, and potentially own, the Cañada Woods water system;
WHEREAS, the physical and legal interconnections between the Subdivision water systems and the Cal-Am system that serves the broader community could lead to additional extractions from and impacts to the Carmel River; and
WHEREAS, assertions of duplication and inefficiency are made in the Petition, but no evidence or analysis, besides a listing of ordinances, is presented from representatives of other agencies that would be directly affected by the requested detachment; and
WHEREAS, the Petition contains no statements from other agencies are provided on their current level of enforcement, how much they depend on the District to carry out certain regulatory activities, and whether these agencies are able to allocate staff time and resources to perform current District regulatory duties if the Cañada Woods WDS and Monterra WDS that currently serve the Tehama/Monterra Subdivisions were no longer regulated by MPWMD; and
WHEREAS, the Petition contains no information about current agreements between MPWMD and the Monterey County Water Resources Agency regarding allocation of resources and responsibilities in areas where jurisdictions overlap; and
WHEREAS, the State Water Resources Control Board (SWRCB) water rights Permits 20831 and 20832 for Carmel River diversions for the Cañada Woods WDS to serve the Tehama Subdivision (Condition No. 8) state, “Permittee shall remain subject to all lawful ordinances of MPWMD;” and
WHEREAS, SWRCB water rights Permits 20831 and 20832 for the Carmel River diversions for the Cañada Woods WDS to serve the Tehama Subdivision (Condition No. 8) state, “Permittee shall be subject to the rationing requirements of MPWMD, in frequency and percentage no greater than required of consumers in Cal-Am’s water distribution system in times of water supply shortage caused by drought;” and
WHEREAS, if the
Tehama/Monterra Subdivisions are no longer within the regulatory authority of
MPWMD, unrationed use of Carmel River water could occur while the rest of the
community is on mandatory rationing; and
WHEREAS, the SWRCB water
rights Permits 20831 and 20832 for the Carmel River diversions for the Cañada Woods WDS to serve the Tehama Subdivision
clearly acknowledge the interrelationship between diversions to serve the
Tehama Subdivision and other diversions from the Carmel River, and recognizes
the MPWMD Mitigation Program as a principal means to address the environmental
impacts of Carmel River diversions; and
WHEREAS, the SWRCB water rights Permits 20831 and 20832 for the Carmel River diversions for the Cañada Woods WDS to serve the Tehama Subdivision were based, in part, on signed stipulations (legal agreements) between Tehama and MPWMD; and
WHEREAS, the Petition does not provide information to demonstrate whether or not surrounding water systems or wells would be affected by pumping of wells in the Tehama/Monterra Subdivision area; and
Significant Impact to MPWMD Riparian Program and Other Regulations
WHEREAS, the Tehama/Monterra service area derives a significant quantity of water from parcels immediately adjacent to the Carmel River (the riparian corridor), and could have an adverse environmental effect on the riparian corridor; and
WHEREAS, the Environmental Impact Reports (EIR) prepared for the Tehama/Monterra Subdivisions were prepared prior to listing of the California red-legged frog and Central Coast steelhead as federally threatened species; and
WHEREAS, no other agency besides MPWMD actively manages or has responsibility to manage the riparian corridor as an integrated whole as described in the MPWMD Mitigation Program and in the California Water Code Appendix Section 118-2; and
WHEREAS, the District currently regulates the lower 14 miles of the
Carmel River riparian corridor (Camp Steffani to the river mouth), and
detachment of the Tehama system from the District would fragment the desired
integrated management of the riparian corridor, and create a piecemealed
regulatory setting, thwarting the intent of the Legislature; and
WHEREAS, removal of a significant portion of the lower Carmel River watershed from MPWMD’s regulatory authority would adversely affect MPWMD’s ability to carry out its State mandate of integrated management of the Carmel River Basin; and
WHEREAS, detachment could compromise the District’s regulatory
authority regarding importation and/or exportation of water to and from the
District; and
WHEREAS, approval of the Petition could result in adverse environmental effects to the Carmel River riparian corridor, and environmental review by LAFCO in compliance with California Environmental Quality Act (CEQA) is needed, including a comprehensive assessment of all related detachment proceedings (cumulative effects and piecemeal issues).
Petition Seeks to Avoid Reasonable Regulation
WHEREAS, the Petition does not disclose that the Cañada Woods WDS,
which currently serves the Tehama area) is currently not in compliance with the
MPWMD permit conditions of approval for Permit M03-01 approved on July 21,
2003; and
WHEREAS, the
intent of the Petition appears to be to avoid reasonable regulation shared by
all other citizens and water systems within the community, even though the
Subdivisions draw from a highly vulnerable public resource shared by over
100,000 people; and
WHEREAS, the Tehama/Monterra Subdivision water systems are regulated like all other similar water distribution systems within the District, and should not be afforded special treatment; and
WHEREAS, approval of the Petition would set a
dangerous precedent that thwarts the intent of the Legislature to have a
special district focused on integrated (non-piecemeal) management of the water
resources serving the Monterey Peninsula.
WHEREAS, piecemealed management is not adequate or
acceptable, especially in relation to the Carmel River; and due to inadequacies
of general law, a special agency (MPWMD) is needed to protect the public
interest and sensitive environment resources of the Monterey Peninsula.
NOW, THEREFORE, BE IT RESOLVED THAT:
1.
OPPOSITION TO
TEHAMA/MONTERRA DETACHMENT. The Board of Directors of the Monterey
Peninsula Water Management District opposes approval of a Petition to detach
the Tehama/Monterra Subdivision areas and associated water systems from the
MPWMD (LAFCO File No. 04-02).
2.
OPPOSITION TO
CHANGES TO MPWMD BOUNDARIES. The Board of Directors of the Monterey
Peninsula Water Management District opposes any other Petition or action
that attempts to modify the boundaries of the District so as to avoid the
integrated (non-piecemeal) management of local water resources declared
necessary by the State Legislature.
3.
OPPOSITION TO
PIECEMEAL MANAGEMENT OF WATER RESOURCES.
The Board of Directors of
the Monterey Peninsula Water Management District opposes any Petition or
action that would result in piecemeal management of vital water resources and
would thwart integrated management of such resources for the benefit of the
public and the environment. Such piecemeal management would threaten public
welfare, environmental quality and the health and property of the residents of
the Monterey Peninsula.
4. AUTHORIZATION TO CHAIR, STAFF AND COUNSEL TO OPPOSE TEHAMA/MONTERRA DETACHMENT PETITION AND RELATED ACTION. The Board of Directors of the Monterey Peninsula Water Management District authorizes the Chair or his designee, District staff, and District Counsel to take appropriate action in opposition to the Petition to Detach Tehama/Monterra from MPWMD (LAFCO File No. 04-02), or any other action, in furtherance of this Resolution. This action may include, but shall not be limited to attending, making presentations, and providing testimony to LAFCO under the procedures contained in the State District Reorganization Act; communicating with any other individual associated with LAFCO; or communicating with any other individual or organization in relation to the Tehama/Monterra detachment or similar action, including environmental review under the California Environmental Quality Act.
PASSED
AND ADOPTED by the Board
of Directors of the Monterey Peninsula Water Management District, Monterey
County, California, at a special meeting duly held on May 27, 2004,
by the following vote:
AYES: Directors:
NOES: Directors:
ABSENT: Directors:
ATTEST:
____________________________
___________________________
Board Chair Board Secretary
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