EXHIBIT 13-D

 

MONTEREY PENINSULA WATER MANAGEMENT DISTRICT (MPWMD)

 

          DRAFT FINDINGS OF APPROVAL

PERMIT #M05-01

 

CONSIDER APPLICATION TO CREATE  CAÑADA WOODS WATER COMPANY WATER DISTRIBUTION SYSTEM –

(Application #20041001CWW)

 

Adopted by MPWMD Board on February 24, 2005

 

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:            Cañada Woods Water Company (“Applicant”) has submitted an application to Monterey Peninsula Water Management District (MPWMD) to create the Cañada Woods Water Company Water Distribution System (CWWCWDS). The CWWCWDS combines the service areas of two previously permitted water systems that have potable, non-potable and reclaimed wastewater components: (1) Cañada Woods WDS, and (2) Monterra Ranch Mutual Water Company WDS.  The project area is defined as the Assessor’s Parcel Numbers (APN) listed in Attachment 1.  A map of the project area is provided as Attachment 2.  This MPWMD Permit #M05-01 addresses alluvial wells within the Cañada Woods WDS and Monterey Peninsula Upland wells within the Monterra Ranch Mutual WDS (excluding wells within the Cañada Woods North area).  A separate Permit #M05-02 addresses pre-existing non-potable wells and reclaimed water facilities not subject to a WDS permit, along with new reclaimed water facilities.   The current configuration of the Cañada Woods WDS was most recently authorized by the MPWMD Board on June 21, 2003, and MPWMD Permit #M03-01 was issued on July 9, 2004.  The current system capacity (production) limit for Cañada Woods WDS is 118.44 acre-feet per year (AFY) with an expansion capacity (connection) limit of 150 connections.  The current configuration of the Monterra Ranch Mutual WDS was most recently authorized by the MPWMD Board on March 20, 2000.  The current limits for the Monterra WDS are 203.10 AFY and 286 connections.   The combined total for the CWWCWDS is 321.54 AFY production and 406 connections.

EVIDENCE:        Permit Application #20041001CWW, site maps and supporting materials submitted September 30, 2004, and all subsequent supplementary materials.  MPWMD Board packet materials for July 21, 2003 and June 21, 2004 public hearings on Cañada Woods WDS.  MPWMD Permit #M03-01, including Final Findings of Approval and Conditions of Approval.   MPWMD Board packet materials for March 20, 2000 public hearing on Monterra Ranch Mutual WDS; Amended Conditions of Approval dated March 20, 2000.  

 

1.               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 (Resolution 96-518).   The Cañada Woods, Cañada Woods North and Cañada Woods East areas are now known collectively as the Tehama Subdivision.  The Monterra Ranch Subdivision was approved by the County of Monterey on October 6, 1987 (Resolution 87-527) based on a Final EIR that was certified on the same date.  The inclusionary housing component (42 units) was approved on December 14, 1993 (Resolution 93-499) based on the same Final EIR.

 

EVIDENCE:        Monterey County Board of Supervisors Resolutions 84-007, 87-527, 93-499, 94-108, 95-076, 95-384, and 96-518. 

 

3.         FINDING:            Applicant has applied for a permit to create the CWWCWDS that merges the previously approved Cañada Woods WDS and Monterra Ranch Mutual WDS.  No change to the system capacity (production) or expansion capacity (connection) limits is requested.

 

EVIDENCE:        Permit Application #20041001CWW, site maps and all subsequent supporting and supplementary materials. 

 

4.         FINDING:            The application to create the CWWCWDS, along with supporting materials, is in accordance with District Rules 21 and 22.

 

 

EVIDENCE:        Permit Application #20041001CWW, site maps and all subsequent supporting and supplementary materials. 

 

Required Findings (MPWMD Rule 22-B)

 

5.         FINDING:            The approval of Permit #M05-01would not allow unnecessary duplication of water service.  California American Water (Cal-Am) service is currently provided for a limited number of residential and commercial connections that pre-existed creation of the Cañada Woods WDS in 1995. Existing limitations and constraints on Cal-Am by the State Water Resources Control Board (SWRCB) and MPWMD preclude additional Cal-Am service to the CWWCWDS service area for many years.

 

EVIDENCE:        Permit Application #20041001CWW; 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 in the CWWCWDS service area are located wholly within the MPWMD as shown on District boundary location maps.

 

7.         FINDING:            Approval of Permit #M05-01 would not result in significant adverse impacts to the environment that cannot be mitigated by conditions attached to the permit.

 

EVIDENCE:        Permit Application #20041001CWW showing that no change to currently approved production or connection limits is requested.  MPWMD relies on California Environmental Quality Act (CEQA) documents and approval documents prepared by Monterey County (see Finding #2 and #19).  Environmental review documents on file at MPWMD office (list prepared May 29, 2003); environmental review documents listed and transmitted to MPWMD Board on February 3, 2005. 

 

8.         FINDING:            The application adequately identifies the claim of right for the source of water supply and provides supporting verification.   The primary water source for the Tehama Subdivision is the Carmel Valley alluvial aquifer as permitted by the SWRCB.  The primary water source for the Monterra Ranch Subdivision is percolating groundwater in the Monterey Peninsula Upland area.

 

EVIDENCE:        Information provided in MPWMD Application #20021031CAN, including SWRCB Permits 20831 and 20832 issued 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.  Permit Application #20041001CWW for CWWCWDS. MPWMD annual well production reports; Annual Reports submitted by Monterra Ranch Mutual WDS.

 

9.         FINDING:            The application demonstrates existence of a long-term reliable source of water supply for the proposed uses.

 

EVIDENCE:        MPWMD Permit #M03-01, including Final Findings and Conditions of Approval for Cañada Woods WDS dated July 21, 2003; 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.  Monterra Ranch Mutual WDS amended Conditions of Approval dated March 20, 2000.  MPWMD well records and annual reports submitted by Monterra Ranch Mutual WDS.  CEQA documents listed in Finding #2 and #7 above.

 

10.       FINDING:            The CWWCWDS system draws from the Carmel Valley alluvial aquifer (CVAA) subunit #3 and Monterey Peninsula Upland area, both of which are shared by other water distribution systems.  Cal-Am is the largest water producer from CVAA subunit #3 (AQ3).   Despite management efforts by MPWMD, SWRCB, California Department of Fish & Game, NOAA Fisheries, and U.S. Fish & 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 create the CWWCWDS 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 from the Carmel River and CVAA is also limited by SWRCB appropriative permit conditions.   The Monterey Peninsula Upland area, which primarily serves the Monterra area, is not in overdraft or considered to be adversely affected by cumulative water use. 

 

 

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. Annual Reports submitted by Monterra Ranch Mutual WDS.  MPWMD annual well production reports.  CEQA documents listed in Finding #2 and #7 above.

 

11.       FINDING:            The alluvial source of supply for the CWWCWDS (serves Tehama area within Carmel River watershed) is derived from the Monterey Peninsula Water Resources System (MPWRS). Water from the Carmel Valley alluvial aquifer has been diverted for use within the portion of the CWWCWDS located south of Carmel Valley Road since well before the first MPWMD permit was issued in 1995.   The alluvial aquifer is in the jurisdiction of the SWRCB, which has issued appropriative water rights for uses within the CWWCWDS.  Other sources of supply are not within the MPWRS.

 

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 and #20041001CWW; 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 Cañada Woods WDS in 1995.  Except for these two connections, the CWWCWDS is independent from Cal-Am except under extremely limited circumstances as specified by the County of Monterey in its approval of the Monterra Subdivision.  Emergency fire protection would be provided by the CWWCWDS.  Cal-Am water would be used for fire protection only for those portions of the CWWCWDS located within the Cal-Am service area.  Conditions of approval for MPWMD Permit #M05-01 allow limited, temporary Cal-Am potable supply for non-fire emergency situations that threaten public health and safety.  The conditions define the term “emergency,” set specific notification, metering, and reporting requirements, and require that all water transferred from Cal-Am be replaced within six months.  Temporary water service could also be provided by trucked-in water. 

 

            EVIDENCE:        Information on Cal-Am water service in MPWMD files; map of Cal-Am service area.  Permit Application #20041001CWW information; MPWMD Conditions of Approval for February 2005 Permit #M05-01 to create CWWCWDS, Conditions #14, 15, 16 and 17.   Monterey County Resolution 87-527.

 

13.       FINDING:            Adequate measures to protect other water systems and sources of supply will be in place, including backflow prevention devices and the “two-way dual metering” system for monitoring limited, temporary water transfers outside of the Carmel River watershed within the CWWCWDS.  

 

EVIDENCE:        Permit Application #20041001CWW and supplemental maps, drawings and memoranda.  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 #6 of the MPWMD Conditions of Approval for February 2005 Permit #M05-01 to create CWWCWDS. 

 

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 #20041001CWW.

 

15.       FINDING:            The treated water quality for potable use will meet California Title 22 water quality standards.

 

EVIDENCE:        Permit Application #20041001CWW materials; requirements of Monterey County Health Department for issuance of a Domestic Water Supply Permit.  Condition #6 of the MPWMD Conditions of Approval for February 2005 Permit #M05-01 to create CWWCWDS 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 #20041001CWW 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 CWWCWDS service area within the Carmel River watershed.  See also Findings #10 and #11.

 

EVIDENCE:        SWRCB Decision 1632, July 1995.  SWRCB Order dated May 2, 2003 issuing Amended Permits 20831 and 20832 to applicant.

 

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 CWWCWDS service area within the Carmel River watershed.  

 

            EVIDENCE:        SWRCB Decision 1632, July 1995.  SWRCB Order dated May 2, 2003 issuing Amended Permits 20831 and 20832 to applicant.

 

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 complied with Guidelines section 15096.  The MPWMD, as a Responsible Agency for this project, has considered the certified environmental documents and required Mitigation Measures 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.  Previous MPWMD Boards have served as a responsible agency on previous permit actions associated with approval of the Cañada Woods WDS and the Monterra Ranch Mutual WDS. 

 

EVIDENCE:        CEQA and CEQA Guidelines.  Transmittal notice of environmental documents to MPWMD Board dated February 3, 2005 listing pertinent environmental review documents for approval of CWWCWDS (Attachment 3).  Board action of February 24, 2005, including confirmation of review of environmental documents pursuant to Finding #19.  Hearing record for July 21, 2003 and March 20, 2000 Board action on Cañada Woods WDS and Monterra Ranch Mutual WDS, respectively.

 

 

Attachment 1      List of Assessor Parcels in service area

Attachment 2      Map of project area

Attachment 3      List of environmental documents dated February 3, 2005

 

 

 

 

 

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