EXHIBIT 12-A
DRAFT
ORDINANCE 119
AN ORDINANCE OF THE BOARD OF DIRECTORS
OF THE
MONTEREY PENINSULA WATER MANAGEMENT
DISTRICT
AMENDING DISTRICT RULES TO MODIFY THE
EXPANDED WATER CONSERVATION AND
STANDBY WATER RATIONING PLAN
FINDINGS
1.
The Water Management
District is charged under the Monterey Peninsula Water Management District Law
with the integrated management of the ground and surface water resources in the
Monterey Peninsula area.
2.
The Water Management
District has general and specific power to cause and implement water
conservation activities as set forth in Sections 325 and 328 of the Monterey
Peninsula Water Management District Law.
3.
This Ordinance is
enacted to respond to present and threatened water emergencies, as provided by
Section 332 of the District Law. Water
emergencies addressed by this ordinance are created by legal circumstances
which constrain the amount of water that is available to serve water users in
the Monterey Peninsula area.
4.
State Water Resources
Control Board (SWRCB) Order No. WR 95-10, issued in July 1995, ruled that
California-American Water Company (Cal-Am) did not have a legal right to take
approximately 69 percent of the water historically supplied to Cal-Am
users. The SWRCB has set specific goals
to reduce Cal-Am’s water diversions from the Carmel River Basin.
5.
Under SWRCB Order No. WR
95-10, Cal-Am has been ordered to reduce its historical diversion from the
Carmel River Basin by 20 percent in Water Year 1997 and each subsequent year
until a major new water supply is in place to offset the illegal diversion.
6.
Excessive water
consumption in the winter and spring of 2004 necessitated an emergency request
by Cal-Am to the California Public Utilities Commission (CPUC) to temporarily
increase rates for water service to avoid SWRCB violations. Existing District rules did not include
regulation for this consumption emergency.
7.
Amendments to District
Rules are necessary to address a water emergency caused when increased
consumption would force diversions over the legal limits set by SWRCB Order WR
95-10, to reflect current diversion protocols based on subsequent SWRCB Orders,
and to facilitate emergency conservation rate authority for Cal-Am with the
CPUC.
8.
This ordinance shall be
reviewed and approved under the California Environmental Quality Act (CEQA)
based upon a Negative Declaration.
NOW
THEREFORE be it ordained as follows:
ORDINANCE
Section One: Short Title
This
ordinance shall be known as the Expanded Water Conservation and Standby
Rationing Plan Amendments for Water Consumption Emergency. This ordinance shall amend District Rules 11,
160, 162, 163, 164, 165, 166, 167, 169, 170, 171, 172, and 175.
Section Two: Purpose
This
ordinance shall amend the permanent Rules and Regulations of the Water
Management District to modify standards and procedures pertaining to water use
restrictions for the Monterey Peninsula during present and future water supply
emergencies. This ordinance is intended
to maintain Cal-Am’s water production from the Carmel River below the limits
set by the SWRCB, to operate its system in accordance with the 2001
Conservation Agreement between Cal-Am and NOAA Fisheries and the San Clemente
Reservoir Drawdown Project, and to respond to emergency situations that require
immediate water use reductions.
Section
Three: Amendment
of Rule 160 (General Provisions)
District
Rule 160 shall be amended by deleting the following provisions shown in
strikeout text (strikeout).
RULE 160 GENERAL PROVISIONS
[NOTE: No changes are proposed to
Sections A through H.]
I.
Cal-Am shall
prepare an analysis of the impacts of each of the actions and conditions
described in this ordinance, inclusive, on the revenues and expenditures of
Cal-Am, and proposed measures to overcome those impacts, such as the
development of reserves and rate adjustments.
A copy of the analysis shall be provided to the District.
J.
Cal-Am shall
prepare a per-capita-based tariff rate design and submit this rate design to
the California Public Utilities Commission for review and approval. A copy of the plan filed with the California
Public Utilities Commission shall be provided to the District. This rate design shall include and be based
on the following:
Ø
An
accurate survey of water users who are served by the Cal-Am water
distribution system where
that system derives water from the MPWRS;
Ø
An
assumed Cal-Am annual production value that does not exceed the amount of the
water production goal set by the SWRCB;
Ø
Unaccounted
for water use that does not exceed an average of seven (7) percent of total Cal-Am
production;
Ø
A
fair weighting to differentiate residential from non-residential water uses
based upon historic water use by that sector;
Ø
Factors
to fairly differentiate small and large residential lots;
Ø
A
methodology which provides an equal amount of water for each permanent
resident;
Ø
A
methodology which provides a fair quantity of water for each residential and
non-residential use based upon current consumption factors and Best Management
Practices;
Ø
A
mechanism to implement excessive use rates or accelerated rate increases during
Stage 3 Water Conservation as a mechanism to discourage excessive water use;
Ø
A
statement regarding the confidentiality of information gathered pertaining to
the number of residents on single-family and multi-family accounts.
Section
Four: Amendment of Rule 162
(Stage 2 Water Conservation)
District
Rule 162 shall be amended by deleting the following provisions shown in
strikeout text (strikeout) and by adding the following provisions set
forth in italicized and bold face type (bold face).
RULE 162 STAGE 2 WATER CONSERVATION
A.
Stage 2 Water
Conservation is defined as the second stage in the District’s Expanded Water
Conservation and Standby Rationing Plan that takes action to maintain Cal-Am
water use from the MPWRS below regulatory constraints by requiring
implementation of lLandscape wWater
bBudgets for large irrigators of three acres or more, large
residential water users and water users with dedicated landscape water meters.
B.
Stage 2
Water Conservation shall
be enforced when
Cal-Am production from the MPWRS
has exceeded the year-to-date at month-end target as displayed in Table 1,
and Cal-Am unaccounted for water uses are at or below an average of seven
(7) percent for the most recent twelve-month period.
Prior to implementation of Stage 2 Water Conservation,
the General Manager shall review the Cal-Am unaccounted for water uses in the
MPWRS and shall determine that unaccounted for water uses are at or below an
average of seven percent for the most recent twelve month period. In the event unaccounted for water uses
exceed seven percent, Cal-Am shall immediately submit a plan to the General
Manager to reduce unaccounted for water uses and shall immediately act on such
plan. The General Manager shall have
the authority to delay implementation of Stage 2 Water Conservation for one
month to allow Cal-Am sufficient time to correct unaccounted for water uses to
achieve the year-to-date production at month-end target in the following month.
The monthly
distribution of water production shown in Table 1 between sources in the Carmel
River Basin and in the coastal subareas of the Seaside Groundwater Basin shall
be approved by the Board of Directors as part of the Quarterly Water Supply
Strategy and Budget process. The Board
shall hold public hearings to consider the water supply budgets for Cal-Am’s
main system during the Board’s regular meetings in September, December, March,
and June, at which time the Board may modify Table 1 by Resolution.
REGULATORY WATER PRODUCTION TARGETS
FOR CALIFORNIA AMERICAN WATER MAIN
SYSTEM FROM SOURCES
WITHIN THE MONTEREY PENINSULA WATER
RESOURCES SYSTEM
|
Month
|
Monthly Target |
Year-to-Date At Month-End Target |
|
October |
1,379 |
1,379 |
|
November |
1,113 |
2,492 |
|
December |
984 |
3,476 |
|
January |
958 |
4,434 |
|
February |
894 |
5,328 |
|
March |
1,047 |
6,375 |
|
April |
1,209 |
7,584 |
|
May |
1,405 |
8,989 |
|
June |
1,527 |
10,516 |
|
July |
1,628 |
12,144 |
|
August |
1,649 |
13,793 |
|
September |
1,492 |
15,285 |
|
TOTAL |
15,285 |
|
Table 1
REGULATORY WATER PRODUCTION TARGETS (AF)
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C.
Requirements imposed by
implementation of the Expanded Water Conservation and Standby Rationing Plan
through Stage 1 Water Conservation shall remain in force. Requirements may be modified or superseded
by actions taken in future stages of the Expanded Water Conservation and
Standby Rationing Plan.
D.
Implementation of Landscape
Water Budgets. All water users required to obtain a lLandscape
wWater bBudget in Section 9-B under
District Rule 172 are required to manage outdoor irrigation within the lLandscape
wWater bBudget assigned to the property.
E.
Water use in excess of
the established lLandscape wWater
bBudget shall be considered Water Waste and shall be subject to the
Section 18 of this regulation District Rule 171.
F.
Sunset of Stage 2
Water Conservation. Without further action of the Board of
Directors, the provisions of Stage 2 Water Conservation shall be rescinded and
revert to Stage 1 Water Conservation upon compliance with the year-to-date at
month-end production goal for the first two consecutive months of
in
the subsequent water year.
H. Monthly Consumption Reports. During any
Stage 2, 3, 4, 5, 6, or 7, Cal-Am shall provide the District with monthly
consumption reports in a format approved by the District. Reports shall be provided within fifteen
(15) days of the close of the preceding month.
Section
Five: Amendment of Rule
163 (Stage 3 Water Conservation)
District
Rule 163 shall be amended by deleting the following provisions shown in
strikeout text (strikeout) and by adding the following provisions set
forth in italicized and bold face type (bold face).
RULE 163 STAGE 3 WATER CONSERVATION
A. Stage 3 Water Conservation is defined as the third stage in the District’s Expanded Water Conservation and Standby Rationing Plan that takes action to maintain Cal-Am water use in the MPWRS below regulatory constraints. It is triggered when the year-to-date at month-end production target for Cal-Am from the MPWRS is exceeded twice by the average of Cal-Am's year-to-date production from the MPWRS for each month during the October through March period or exceeded once by the average of Cal-Am's year-to-date production from the MPWRS for each month during the April through September period. It provides a procedure to enable emergency temporary increases in the upper block volume rates and requires increased action by Cal-Am to reduce unaccounted-for water and monthly reporting of actions taken. Stage 3 Water Conservation may also be triggered upon Resolution of the Board of Directors when there is a need for an immediate water use reduction in response to an unexpected water production increase.
Prior to Upon
implementation of Stage 3 Water Conservation, the General Manager
shall review the Cal-Am unaccounted for water uses in the MPWRS and shall
determine that unaccounted for water uses are at or below an average of seven
percent for the most recent twelve month period. In the event unaccounted
for water uses exceed seven percent, Cal-Am shall immediately submit a plan
to the General Manager to reduce unaccounted for water uses to seven (7)
percent or less measured by the most recent twelve-month rolling average and
shall immediately act on such plan. Cal-Am shall provide a progress
report to the Board of Directors monthly until Stage 3 is sunset. The
General Manager shall have the authority to delay implementation of Stage 3
Water Conservation for one month to allow Cal-Am sufficient time to correct
unaccounted for water uses to achieve the year-to-date production at month-end
target in the following month.
B. Regulatory Trigger. Stage 3 Water Conservation shall be enforced when any of
the following criteria has been met: 1) the average of Cal-Am's
year-to-date production from the MPWRS for each month has
exceeded the year-to-date at month-end production target
for Cal-Am from the MPWRS as displayed
in Table 1 for a second time during the period from October 1 through
March 31 in any water year, or 2) the
average of Cal-Am's year-to-date production from the MPWRS for each month has
exceeded the year-to-date at month-end production target for Cal-Am from
the MPWRS as displayed in Table 1 once during the
period from April 1 through September 30 in any water year, or 3) a
Resolution has been adopted by the Board in accord with Section C below and Cal-Am unaccounted for water uses in the MPWRS are
at or below an average of seven percent for the most recent twelve month period.
C. Emergency Trigger. Stage 3 Water Conservation shall be implemented
upon Resolution of the Board of Directors when there is need for an immediate
water use reduction requirement in response to an unexpected water production
increase.
C. D. Sunset of Stage 3 Water
Conservation. Without further action by the Board of Directors, the
provisions of Stage 3 Water Conservation shall be rescinded upon compliance
with the year-to-date at month-end production goal for the first two consecutive
months of in the subsequent water year. Water users of
Cal-Am when that water system derives water from the MPWRS shall revert to
Stage 1 Water Conservation.
(a) Regulatory
compliance during a period of Stage 4 Water Rationing shall not cause a sunset
of this provision.
D. E. Notice.
Cal-Am shall provide notice of mandatory water conservation with each bill
prepared for water users of the Cal-Am system.
E. Cal-Am Excessive Use Rates. Section 12-E requires approval by the Public Utilities
Commission (PUC) prior to implementation.
1.
Cal-Am shall use
the ECU factor of each water user for computation of the base water rate block
and the related base use.
2.
Excessive use
rates shall be applied to water use over 150 percent of the base use.
3.
Excessive use
rates shall be established by multiplying the base block rate of rate blocks 4
and 5 of Cal-Am’s per-capita-based rate tariff by 400 percent. The
difference between the base rate for rate block 4 and 5, and the 400 percent
excessive use rate shall be the actual excessive use rate and shall be
designated separately from the standard water rate billing.
4.
In the event that
excessive use rates are not authorized by the California Public Utilities
Commission, the base use shall become a base ration and use above the base rate
shall be considered non-essential water use.
F.
Cal-Am Emergency Use Rates. Cal-Am shall implement the California
Public Utilities Commission (CPUC) approved emergency rate schedule to respond
to Stage 3 water reduction requirements. Cal-Am shall file an Advice Letter with the CPUC to implement Emergency
Use Rates, however, only after it has first met and conferred with the District
at least five days in advance of that filing.
The General Manager may waive this time period for good cause.
F. Cal-Am Use Prior to PUC Approval of Excessive Use
Rates.
1. Upon implementation of Stage 3 Water Conservation, the
District shall consider water use above the Cal-Am base rate to be
non-essential water use subject to enforcement under Rule 171 (Water Waste
Fees).
2. Cal-Am shall provide monthly information with the
water bill showing the responsible party’s compliance with the base rate.
Section Six: Amendment of Rule 164 (Water
Rationing)
District Rule 164 shall be
amended by deleting the following provisions shown in strikeout text (strikeout)
and by adding the following provisions set forth in italicized and bold face
type (bold face).
RULE 164 STAGE 4 WATER RATIONING
[NOTE: No
changes are proposed to Section A.]
B.
Trigger.
1.
Water Supply
Limitation Trigger. Stage 4 Water Rationing shall apply to all
water users whose source of supply is derived from the MPWRS. Stage 4 Water Rationing shall become
effective on July June 1 or such earlier date as may
be set by the Board following the District’s May Board meeting if total usable
storage in the MPWRS on May 1 is less than 31,580 27,807 acre-feet and greater
than 24,750 21,802
acre-feet. If total usable storage is
equal to or greater than 31,580 27,807 acre-feet on May 1, no water rationing shall be
imposed.
[NOTE:
No changes are proposed to Sections B 2 through D.]
E.
Sunset of Stage 4
Water Rationing.
1.
Water Supply
Availability. Stage 4 Water Rationing shall continue to
have force and effect until rescinded by Resolution of the Board of Directors
upon a determination that the total usable storage in the MPWRS is greater
than 31,580 27,807
acre-feet. This determination will
normally be made at the Board's May meeting.
However, a determination to rescind Stage 4 Water Rationing as early as
the following January Board meeting can be made if the total usable storage in
the MPWRS is equal to or greater than 31,580 27,807 acre-feet on January
1.
2.
In the event total
usable storage is greater than 31,580 27,807 acre-feet, the General Manager shall review
Cal-Am’s year-to-date production. Upon
compliance with the monthly year-to-date goals specified in Table 1 of Rule 162
and, unless otherwise specified in the Resolution rescinding Stage 4 Water
Rationing, water users shall revert to Stage 1 Water Conservation. If Cal-Am’s year-to-date production exceeds
the year-to-date goal specified in Table 1 of Rule 162, Cal-Am water users
shall revert to Stage 2 Water Conservation.
[NOTE: No
changes are proposed to Sections E 3 or F.]
Section
Seven: Amendment
of Rule 165 (Stage 5 Water Rationing)
District
Rule 165 shall be amended by deleting the following provisions shown in
strikeout text (strikeout) and by adding the following provisions set
forth in italicized and bold face type (bold face).
RULE 165 STAGE 5 WATER RATIONING
[NOTE: No
changes are proposed to Section A.]
B.
Implementation.
1.
Water Supply
Limitation Trigger. Stage 5 Water Rationing shall apply to all
water users whose source of supply is derived from the MPWRS. Stage 5 Water Rationing shall become
effective on June 1 or such earlier date as may be set by the Board following
the District's May Board meeting if total usable storage in the MPWRS on May 1 is less than 24,750
21,802 acre-feet and
greater than 17,720 15,615
acre-feet. If total usable storage is
equal to or greater than 31,580 27,807 acre-feet
on May 1, no water rationing shall be imposed.
a.
The General Manager
may delay implementation of Stage 5 Water Rationing to ensure adequate operation
of the program. Delays authorized by
the General Manager shall not exceed 90 days.
2.
Emergency. Implementation shall also occur following urgency
action by Resolution of the Board of Directors declaring that an emergency
situation exists and immediate 20 percent reductions in water use from a
distribution system’s production limit are necessary to ensure public health,
safety or welfare.
C.
Sunset of Stage 5
Water Rationing.
1.
Water Supply
Availability. Stage 5 Water Rationing shall continue to
have force and effect until rescinded by Resolution of the Board of Directors
upon a determination that the total usable storage in the MPWRS is greater than
24,750 21,802
acre-feet. This determination will
normally be made at the Board's May meeting.
However, a determination to rescind Stage 5 Water Rationing as early as
the following January Board meeting can be made if the total usable storage in
the MPWRS is equal to or greater than 31,580 27,807 acre-feet on January
1.
2.
In the event total
usable storage is greater than 31,580 27,807 acre-feet, the General Manager shall review
Cal-Am’s year-to-date production. Upon
compliance with the monthly year-to-date goals specified in Table 1 of Rule 162
and, unless otherwise specified in the Resolution rescinding Stage 5 Water
Rationing, water users shall revert to Stage 1 Water Conservation. If Cal-Am’s year-to-date production exceeds
the year-to-date goal specified in Table 1 of Rule 162, Cal-Am water users
shall revert to Stage 2 Water Conservation.
a.
If Cal-Am production
exceeds the year-to-date at month’s end production goal as shown in Rule 162,
Table 1, Cal-Am water users shall revert to Stage 2 Water Conservation.
[NOTE: No
changes are proposed to Sections D through K.]
L.
Establishing the Rations. Rations for each user category shall be
determined by the General Manager by dividing the reduced available production
by the percentage of use. The
percentage of use for each user group shall be determined by the most recent
unrationed reporting year (July 1 through June 30) data provided by Cal-Am for
water users of that portion of Cal-Am that derives water from the MPWRS, and by
data provided by the District from its annual well reporting program for
non-Cal-Am distribution systems.
[NOTE: No
changes are proposed to Sections L-1 through L-8.]
9. Reclaimed
Water Users. Recycled Water
Irrigation Areas receiving water from the CAWD/PBCSD Wastewater Reclamation
Project shall be subject to Stages 5 Water Rationing and higher as a separate
group due to contractual agreements with the District and the respective owners
thereof.
a. Before
Project Expansion Is Completed.
Under the agreements operative before the Project Expansion is Completed
(as the capitalized terms are defined in Rule 23.5), the owners of the Recycled Water Irrigation Areas shall have the
respective irrigation requirements thereof satisfied to the same degree as any
non-Project golf course or open space which derive their source of supply from
the Cal-Am system. The irrigation
requirements of the Recycled Water Irrigation Areas will be determined based on
the most-recent non-rationed four-year average irrigation water demand,
including both Recycled Water and potable water, for each Recycled Water
Irrigation Areas. The use of Recycled
Water, when available in sufficient quantities to satisfy the irrigation
requirements of the Recycled Water Irrigation Areas, shall not be restricted by
this requirement.
Each
Recycled Water Irrigation Area shall be entitled to receive the average
irrigation requirement determined above, reduced by the percentage reduction
required by the current stage of rationing.
If the quantity of Recycled Water that is available is less than the
quantity of water that the Recycled Water Irrigation Area is entitled to,
potable water shall be provided to make up the difference and satisfy the
irrigation requirements of the Recycled Water Irrigation Area to the same
degree that the irrigation requirements of non- Project golf course and open
space users are being satisfied.
The
District shall ensure that the water provided during reduction water rationing
is of adequate quality. If the quality
does not satisfy the contractual agreement operative before the Project
Expansion is deemed Completed (as the capitalized terms are defined in Rule
23.5), potable water shall be provided in sufficient quantities to improve the
quality of the reclaimed water.
This
Subsection L.9.a shall cease to be operative once the Project Expansion is
deemed to be Completed (as the capitalized terms are defined in Rule 23.5), and
shall thereafter be of no force or effect.
b. When
Project Expansion Is Completed.
Under the agreements operative once the Project Expansion is deemed
Completed (as the capitalized terms are defined in Rule 23.5), the owners of
the Recycled Water Irrigation Areas shall have the respective irrigation
requirements thereof satisfied to the same degree as any non-Project golf
course or open space which derives its source of supply from the Cal-Am system. The irrigation requirements of the Recycled
Water Irrigation Areas will be determined based on the most-recent non-rationed
four-year average irrigation water demand, including both Recycled Water and
potable water, for each respective Recycled Water Irrigation Area.
Each
Recycled Water Irrigation Area shall be entitled to receive the average
irrigation requirement determined above, reduced by the percentage reduction
required by the current stage of rationing.
If the quantity of Recycled Water that is available is less than the
quantity of water that the Recycled Water Irrigation Area is entitled to,
potable water shall be provided to make up the difference and satisfy the
irrigation requirements of the Recycled Water Irrigation Areas to the same
degree that the irrigation requirements of non-Project golf course and open
space users are being satisfied.
The
preceding sentence shall not apply to the extent that the irrigation
requirements of any Recycled Water Irrigation Area are met with water legally
available to Buyer from any source other than the Carmel River System or the
Seaside Groundwater Basin, including percolating ground water underlying
Buyer’s Property, to make up any such difference.
When
Recycled Water (as defined in Rule 23.5) is available in sufficient quantities
to satisfy the irrigation requirements of the Recycled Water Irrigation Areas,
such irrigation shall not be subject to Stages 5 Water Rationing and higher,
and neither potable water nor any water described in the preceding sentence (whether
or not it is potable) shall be used for irrigation of the Recycled Water
Irrigation Areas except to the extent allowed in the circumstances described in
the next two sentences.
If
there is an Interruption in Recycled Water deliveries to any Recycled Water
Irrigation Area(as the capitalized terms are defined in Rule 23.5), the
temporary use of potable water for irrigating each such Recycled Water
Irrigation Area is authorized in the manner described in Rule 23.5, Subsection
F.
If
MPWMD has adopted an ordinance in response to any emergency caused by drought,
or other threatened or existing water shortage pursuant to section 332 of the
Monterey Peninsula Water Management Law, said ordinance shall prevail over
contrary provisions of this Rule.
Notwithstanding the preceding sentence, potable water shall be made
available for irrigating tees and greens of the Recycled Water Irrigation Areas
in sufficient quantities to maintain them in good health and condition during
an Interruption, without any limitation on the duration.
The
District shall have no obligation to furnish potable water for irrigation of
the Recycled Water Irrigation Areas except in the circumstances set forth above
in this Subsection L.9.b.
If
(1) an emergency or major disaster is declared by the President of the United
States, or (2) a “state of war emergency,” “state of emergency,” or “local
emergency,” as those terms are respectively defined in Government Code section
8558, has been duly proclaimed pursuant to the California Emergency Services
Act, with respect to all or any portion of the territory of MPWMD, the
provisions of this Subsection L.9.b shall yield as necessary to respond to the
conditions giving rise to the declaration or proclamation.
This Subsection L.9.b shall be of no force or effect
until the Project Expansion is deemed Completed (as the capitalized terms are
defined in Rule 23.5), and shall thereafter be operative and of full force and
effect.
Section Eight: Amendment
of Rule 166 (Stage 6 Water Rationing)
District Rule 166 shall be
amended by deleting the following provisions shown in strikeout text (strikeout)
and by adding the following provisions set forth in italicized and bold face
type (bold face).
RULE 166 STAGE
6 WATER RATIONING.
[NOTE: No
changes are proposed to Section A.]
B.
Implementation.
1.
Water Supply
Limitation Trigger. Stage 6 Water Rationing shall apply to all
water users whose source of supply is derived from the MPWRS. Stage 6 Water Rationing shall become
effective on June 1 or such earlier date as may be set by the Board following
the District’s May Board meeting if total usable storage in the MPWRS on May 1
is less than 17,720 15,615
acre-feet and greater than 10,890 9,610 acre-feet.
If total usable storage is equal to or greater than 31,580 27,807 acre-feet on May 1, no
water rationing shall be imposed.
2.
Implementation shall
also occur following urgency action by Resolution of the Board of Directors
declaring that an emergency situation exists and immediate 35 percent
reductions in water use from a distribution system’s production limit are
necessary to ensure public health, safety or welfare.
C.
Sunset of Stage 6
Water Rationing.
1.
Water Supply
Availability. Stage 6 Water Rationing shall continue to
have force and effect until rescinded by Resolution of the Board of Directors
upon a determination that the total usable storage in the MPWRS is greater than
17,720 15,615
acre-feet. This determination will
normally be made at the Board’s May meeting.
However, a determination to rescind Stage 6 Water Rationing as early as
the following January Board meeting can be made if the total usable storage in
the MPWRS is equal to or greater than 31,580 27,807 acre-feet on January
1.
2.
In the event total
usable storage is greater than 31,580 27,807 acre-feet, the General Manager shall review
Cal-Am’s year-to-date production. Upon
compliance with the monthly year-to-date goals specified in Table 1 of Rule 162
and, unless otherwise specified in the Resolution rescinding Stage 6 Water
Rationing, water users shall revert to Stage 1 Water Conservation. If Cal-Am’s year-to-date production exceeds
the year-to-date goal specified in Table 1 of Rule 162, Cal-Am water users
shall revert to Stage 2 Water Conservation.
[NOTE: No
changes are proposed to Sections D through P.]
Section Nine: Amendment
of Rule 167 (Stage 7 Water Rationing)
District Rule 167 shall be
amended by deleting the following provisions shown in strikeout text (strikeout)
and by adding the following provisions set forth in italicized and bold face
type (bold face).
RULE 167 STAGE 7 WATER RATIONING
[NOTE: No changes are proposed to Section
A.]
B.
Implementation.
1.
Water Supply
Limitation Trigger. Stage 7 Water Rationing shall apply to all
water users whose source of supply is derived from the MPWRS. Stage 7 Water Rationing shall become
effective on July June
1 or such earlier date as may be set by the Board following the
District’s May Board meeting if total usable storage in the MPWRS on May 1 is
less than 10,890 9,610
acre-feet. If total usable
storage is equal to or greater than 31,580 27,807 acre-feet on May 1, no
water rationing shall be imposed.
2.
Implementation shall
also occur following urgency action by Resolution of the board of Directors
declaring that an emergency situation exists and immediate 50 percent
reductions in water use from a distribution system’s production limit are
necessary to ensure public health, safety or welfare.
C.
Sunset of Stage 7
Water Rationing.
1.
Water Supply
Availability. Stage 7 Water Rationing shall continue to
have force and effect until rescinded by Resolution of the Board of Directors
upon a determination that the total usable storage in the MPWRS is greater than
10,890 9,610
acre-feet. This determination will
normally be made at the Board’s May meeting.
However, a determination to rescind Stage 7 Water Rationing as early as
the following January Board meeting can be made if the total usable storage in
the MPWRS is equal to or greater than 31,580 27,807 acre-feet on January
1.
2.
In the event total
usable storage is greater than 31,580 27,807 acre-feet, the General Manager shall review
Cal-Am’s year-to-date production. Upon
compliance with the monthly year-to-date goals specified in Table 1 of Rule 162
and, unless otherwise specified in the Resolution rescinding Stage 7 Water
Rationing, water users shall revert to Stage 1 Water Conservation. If Cal-Am’s year-to-date production exceeds
the year-to-date goal specified in Table 1 of Rule 162, Cal-Am water users
shall revert to Stage 2 Water Conservation.
[NOTE: No changes are proposed to Sections
D through N.]
Section
Ten: Amendment
to Rule 169 (Water Rationing Variance)
District
Rule 169 shall be amended by deleting the following provisions shown in
strikeout text (strikeout) and by adding the following provisions set
forth in italicized and bold face type (bold face).
RULE 169 WATER RATIONING VARIANCE
[NOTE: No
changes are proposed to Sections A through C 1.]
C.
No Variance. The
following categories of water use shall not qualify for special consideration
under the provisions of this regulation:
2. Irrigation,
other than variances allowed by Section 19 B Rule 169 of this
regulation.
[NOTE:
No changes are proposed to Sections C 3 through D.]
Section
Eleven: Amendment
of Rule 170 (Water User Survey)
District
Rule 170 shall be amended by deleting the following provisions shown in
strikeout text (strikeout) and by adding the following provisions set
forth in italicized and bold face type (bold face).
RULE 170 WATER USE SURVEY
[NOTE: No
changes are proposed to Sections A through C.]
D.
Reporting.
1.
Responsibility of
Water User.
a.
Each responsible party
shall be responsible for accurately reporting the number of permanent residents
in the dwelling unit or units or other information deemed appropriate for the
effective operation of the program as requested on the survey form.
b.
Upon activation of a
water meter, each responsible party shall complete a survey form.
i.
Cal-Am Water Users. The completed survey form shall be
submitted to Cal-Am by customers of that distribution
system.
ii.
Non-Cal-Am Water Users. The completed survey form shall be submitted
to the District or its agent by all other distribution systems users required
to complete a survey form during Stage 5 Water Rationing through Stage 7 Water
Rationing.
c.
All responsible parties
shall submit revised survey forms whenever there is a change in the number of
permanent residents in a residential dwelling unit or whenever there is a
change in a water user category in non-residential uses. Revised survey forms should be submitted to
the appropriate party as indicated in Section 8 Rule 170, D, 1, b.
d.
Property owners of
short-term residential housing rentals shall provide information about the
average number of annual occupants and the average rate of occupancy to the
appropriate party as indicated in Section 8 Rule 170, D, 1, b.
e. 2. Misrepresentation
Violation. Any water user
intentionally over-reporting the number of permanent residents in a dwelling
unit or other information pertinent to establishing a water ration during
Stages 4, 5, 6 and 7 Water Rationing may be charged with a misdemeanor
punishable as an infraction as provided by Section 256 of the Monterey
Peninsula Water Management District Law, Statutes of 1981, Chapter 986. Violations carry a maximum penalty of up to
$250 for each offense. Each separate
day or portion thereof during which any violation occurs or continues without a
good-faith effort by the responsible water user to correct the violation, may be
deemed to constitute a separate offense, and upon conviction thereof, may be
separately punishable.
3.
Penalties for
Misreporting. In addition to any charge for
misrepresenting information as provided in Section 8 Rule
170, D-2, any or all of the following may be further imposed by the
General Manager or his agent during Stages 4, 5, 6 and 7 Water Rationing where
the violation occurs and continues without a good-faith effort by the
responsible water user to correct the violation. Decisions pursuant to this rule are appealable under Rule 70
(Appeals).
a.
Intentional
misrepresentation may be considered a violation of the water waste provisions
and shall subject the water user to a fee for water waste; and/or
b.
Intentional
misrepresentation may cause the loss of any water bank accrued and shall cause
the responsible party to be ineligible to accrue a water bank for a period of
sixty (60) months; and/or
c.
Intentional
misrepresentation may cause the assignment of a reduced water ration that may
be as low as a ration for one person for a period of twelve (12) months
following implementation of Stages 4, 5, 6 or 7 Water Rationing.
4.
Audit. The District
may periodically audit the survey data for accuracy. Upon question, the District may request additional evidence of residency
to demonstrate the number of permanent residents at that site as defined in
Rule 11 (Definitions).
Section
Twelve: Amendment
of Rule 171 (Water Waste Fees)
District
Rule 171 shall be amended by deleting the following provisions shown in strikeout
text (strikeout) and by adding the following provisions set forth in
italicized and bold face type (bold face).
RULE 171 WATER WASTE FEES
A.
Each occurrence of Water
Waste or Non-Essential Water Use, as those terms are defined by Rule No. 11
(Definitions), which continues after the water user has had reasonable notice
to cease and desist that type of water use shall constitute a flagrant
occurrence.
B.
A $50 fee per
day or portion thereof shall be assessed for each flagrant occurrence
of Water Waste or Non-Essential Water Use.
The fee shall accumulate daily until the occurrence is corrected.
C.
A $150 fee per
day or portion thereof shall be imposed for each subsequent occurrence
(including multiple occurrences) of Water Waste or Non-Essential Water Use
which occurs within 18 months of the first occurrence. The fee shall accumulate daily until the
occurrence is corrected.
D.
All fees shall be paid
within 30 days.
E.
Within the 30 day
period, a water user may seek waiver or forgiveness of all or part of the Water
Waste fees on the basis of hardship.
The water user must provide the District with a written explanation as
to why the fees should not be collected.
Staff shall be authorized to determine whether or not fees should be
waived in full or in part, with the final decision resting with the General
Manager.
F.
After 30 days, fees
which have not been paid or waived may result in a lien being placed on the
property served by the water account.
G.
Repeated occurrences or
Water Waste or Non-Essential Water Use, which continue or occur after the water
user has had a reasonable notice to cease and desist that type of water use, or
which continues or occurs after the water user has had a reasonable opportunity
to cure any defect causing that type of water use, shall provide cause for the
placement of a flow restrictor within the water line or water meter.
H. Decisions
pursuant to this rule are appealable under Rule 70 (Appeals).
Section Thirteen: Amendment of Rule 172 (Landscape
Water Audits)
District Rule 172 shall be
amended by deleting the following provisions shown in strikeout text (strikeout)
and by adding the following provisions set forth in italicized and bold face
type (bold face).
RULE 172 LANDSCAPE WATER AUDITS
A.
Landscape Water
aAudits shall be conducted under the supervision of an individual who
has been certified by the Irrigation Association to conduct audits and
establish Landscape Water Budgets during Stage 1 Water Conservation
by the District and/or Cal-Am or their designated agent(s). Each
audit shall be signed by that person, who shall attest that the audit was
performed under his/her direction. party is authorized to conduct
audits and establish water budgets for all dedicated irrigation meters, large
irrigated areas over three acres, and large residential water users supplied by
Cal-Am when that system derives its source of supply from the MPWRS. Landscape Water Audits shall be completed
within 180 days of implementation of Stage 1 Water Conservation.
B.
Landscape wWater
aAudits and Landscape Water Budgets shall be
offered by the District and/or Cal-Am or their agent free of charge to all
water users of Cal-Am with dedicated landscape meters, large irrigated areas
over three acres, and large residential water users. Water use records shall be reviewed annually to identify new
water users required to establish a lLandscape wWater
bBudget by this Section rule. Cal-Am shall provide the
District with data on copies of all completed Landscape
wWater aAudits and Landscape Water Budgets.
1.
Cal-Am water users shall
be required to obtain lLandscape Water aAudits
and establish Landscape wWater bBudgets
if the property:
a.
Has a dedicated
landscape water meter; or
b.
Is an irrigated area of
greater than three acres; or
c.
Is a large residential
water user.
2.
All Landscape Water Auditors
Budgets
must be approved by the Monterey Peninsula Water Management
District prepared by an individual certified by the Irrigation Association.
3.
All water users required
to complete a lLandscape Water aAudits
and establish a Landscape Wwater Bbudgets shall have
the option of obtaining a lLandscape wWater
aAudit and Landscape Water bBudget
from an approved Landscape Water Irrigation Auditor of
their choice at their own expense if the auditor is certified by the
Irrigation Association.
4.
Landscape Irrigation
Water
Audits not conducted by the District and/or Cal-Am shall be reported on
a Landscape Water Budget Application.
Landscape Water Budget Applications shall be submitted to the
District Cal-Am within 180 days of the implementation of Stage 1
Water Conservation. Cal-Am
shall forward a copy to the District within ten (10) days. Landscape wWater aAudits
not performed by the District or Cal-Am is are subject to review and
acceptance by the District. Landscape
Water Audits and Landscape Water bBudgets
rejected by the District may be appealed to the Board of Directors pursuant to
Rule 70 (Appeals).
5.
Landscape Irrigation
Auditors shall arrange on-site visits to compile water records, to
review historic use, measure irrigated sites, identify plant materials by
general groups, determine irrigation water requirements, and estimate potential
dollar and water savings. Landscape
Irrigation Auditors shall also develop system testing strategies, check
pressure and flow rates, and conduct water application distribution tests. Data shall be collected to determine
irrigation uniformity and efficiency.
Soil samples shall be examined to determine soil types and root zone depths.
Landscape Irrigation Auditors shall observe system operations, locate irrigation
zones, prepare site audit maps and visually identify broken or misaligned
equipment. All data from field tests shall be summarized and this information
used to generate monthly irrigation base schedules. A copy of the Landscape
Water Budget Application shall be provided to the water user. One copy of the Landscape Water Budget
Application shall be submitted to the District Cal-Am. Cal-Am shall forward a copy to the District within ten (10) days.
6.
Cal-Am shall provide
quarterly compliance status notices to each water user required to follow a
mandatory lLandscape wWater bBudget.
C.
Modifications To
Audited Landscapes. Following significant modification to an
existing audited landscape, a new lLandscape wWater
aAudit shall be conducted to establish an appropriate Landscape
wWater bBudget. It shall be the responsibility of the property owner to ensure
that a lLandscape wWater aAudit is conducted within
60 days of any such change and to submit a new Landscape Water Budget
Application to Cal-Am.
D.
Reporting and
Analysis. Cal-Am shall preserve water use records and budgets for water
users subject to this provision of law for such time as the Expanded Water
Conservation and Standby Rationing Plan remains effective. Updated Landscape wWater
bBudgets shall supersede previous data. Quarterly, a report shall be compiled by
Cal-Am and provided to the District showing the account information and
comparing the lLandscape wWater
bBudget with actual consumption. During Stages 2 and 3, Cal-Am shall provide the District with monthly
consumption reports for all customers with Landscape Water Budgets.
E.
Landscape Irrigation
Restrictions in the Cal-Am system that derives its source of supply from the
MPWRS. Unless watering is by drip irrigation, through a hand-held hose
with a positive action shut-off nozzle, or performed by a professional gardener
or landscaper, the following schedule shall apply:
1.
Odd Numbered Properties
shall water after 5 p.m. or before 9 a.m. on Saturdays and Wednesdays
only. This schedule shall also apply to
properties located on the South or West side of the street in cities where no
street address is available.
2.
Even Numbered Properties
shall water after 5 p.m. or before 9 a.m. on Sundays and Thursdays only. This schedule shall also apply to properties
located on the North or East side of the street in cities where no street
address is available.
Section
Fourteen: Amendment
of Rule 175 (Water Rationing Enforcement)
District
Rule 175 shall be amended by deleting the following provisions shown in
strikeout text (strikeout) and by adding the following provisions set
forth in italicized and bold face type (bold face).
RULE 175 WATER RATIONING ENFORCEMENT
A.
Enforcement During
Stages 4 through 7 Water Rationing.
1.
Courtesy Notice. For the first
instance of excess water use beyond the ration in Stages 4 through 7 Water
Rationing, a water user shall be given written notice by the water system
operator of the excess use and shall be notified that such violation
constitutes water waste and a water waste fee of $50 per day shall be
collected in the event the water user again exceeds that user's water ration
during any future billing cycle under Stages 4 through 7 Water Rationing. If the water user complies with all water
rationing and water waste and non-essential water use requirements during the
next month following the first instance of excess use, the excess use fee shall
be deferred.
If the water user again exceeds that user's water
ration during any following month, the water waste fee of $50 per
day shall be imposed immediately and shall accumulate daily until the
occurrence is corrected.
2.
Second Offense. Upon the
second occurrence of excess water use (including any prior excess water use
during any prior stage) a water user shall be charged with water waste and
assessed a fee of $150 per day for the second offense, plus
the previously deferred $50 first offense fee, by the District or its agent. The
$150 fee shall accumulate daily until the occurrence is corrected.
3.
Third Offense.
a.
A third occurrence
of excess water use (including any prior excess water use during any prior
stage) shall result in an excess water use charge equivalent to the Cal-Am per
unit water charge at the water user’s level of use multiplied by the number of
units over a water ration, plus $150 per day as provided in Rule 171
(Water Waste Fees). A third occurrence
of excess water use shall provide cause for the installation of a flow
restrictor in the water meter or water supply providing water to the property
where the over-use occurred.
Restrictors shall remain in place until conditions are reduced to Stage
2 Water Conservation or a less restrictive stage. All costs for the installation and removal of a flow restrictor
shall be charged to the property owner of the site subjected to this action.
4.
Fourth Offense. A fourth
occurrence of water use in excess of the water ration shall result in fees and
charges listed for a third offense and shall result in the installation of a
flow restrictor by the system operator in the water meter or water supply
providing water to the property where the over-use occurred. Restrictors shall remain in place until
conditions are reduced to Stage 3 Water conservation or to a less restrictive
stage. All costs for the installation
and removal of a flow restrictor shall be charged to the property owner of the
site subjected to this action.
B.
Flow Restrictor
Exemption. Exemptions to the installation of a flow restrictor as a means to
enforce the water ration shall occur when there are provable risks to the
health, safety and/or welfare of the water user. The following An exemption shall be
made for water meters serving three or more multi-family dwelling units by
substituting an excess water use charge of $150 times the number of dwelling
units located on the meter during each month in which a violation of the water
ration occurs. The responsible party
shall be liable for payment of all excess water use charges. apply in the event a flow
restrictor cannot be installed in the water meter or water supply providing
water to a property due to health, safety or welfare requirements:
1.
Water Meters
Serving Three or More Multi-Family Dwelling Units. The
responsible party shall be charged $150 times the number of dwelling units
located on the meter during each month in which a violation of the water ration
occurs. The responsible party shall be
liable for payment of all excess water use charges.
C.
All notices and
assessments of water waste and/or excess water use charges made by a water
distribution system operator shall be reported to the District.
Section
Fifteen: Amendment of Rule 11
(Definitions)
District
Rule 11 shall be amended by deleting the following provisions shown in
strikeout text (strikeout) and by adding the following provisions set
forth in italicized and bold face type (bold face).
Excessive Emergency Use Rates – “Excessive
Emergency
Use Rates” shall mean a higher block water rate used by Cal-Am during
Stage 3 Water Conservation as a mechanism to discourage excessive water
use.
Estimated
Applied Water – “Estimated Applied Water” shall mean a projection of the amount
of water that should be supplied to a landscape by the irrigation system, as
measured by a water meter. For new or
existing sites, Estimated Applied Water can be calculated using estimates for
plant water use, effective rainfall (if desired), and irrigation system
efficiency.
Irrigation
Association – “Irrigation Association” shall mean the non-profit entity located
at 6540 Arlington Boulevard, Falls Church, VA 22042-6638 USA, its
successors and assigns. The Irrigation
Association provides technical information related to irrigation services and
offers professional training and certification to irrigation technicians in the
public and private sectors.
Landscape
Irrigation Auditor – “Landscape Irrigation Auditor” shall mean a person approved
certified
by the Monterey Peninsula Water Management District Irrigation
Association to perform lLandscape wWater
aAudits and assign Landscape wWater
bBudgets.
Landscape
Water
Audit – “Landscape Water Audit” shall mean an action taken by a District-approved
lLandscape IIrrigation aAuditor certified by the Irrigation Association
to determine reasonable outdoor water use.
Landscape
Water Budget – “Landscape Water Budget” shall mean a maximum annual water
allowance in gallons per year, determined upon completion of a lLandscape
wWater aAudit by a District-approved
Landscape Irrigation Auditor certified by the Irrigation Association. The Landscape Water Budget shall take into
consideration the types of plants, soil condition, evapotranspiration rates and
irrigation system.
Maximum
Applied Water Allowance – “Maximum Applied Water Allowance” shall mean the
calculated “not-to-exceed” limit of annual applied water excluding rainfall for
a mature landscaped area. Calculations
recommended by the Irrigation Association shall be used to determine the
maximum usage permitted for a site.
Stage
3 Water Conservation – “Stage 3 Water Conservation” shall mean the third stage
in the District’s Expanded Water Conservation and Standby Rationing Plan that
takes action to maintain Cal-Am water use in the MPWRS below regulatory
constraints and to respond to potential drought or emergencies by imposing higher
water charges emergency use rates for excessive water use to
encourage water reduction.
Stage
4 Water Rationing – “Stage 4 Water Rationing” is defined as the fourth stage in
the District’s Expanded Water Conservation and Standby Rationing Plan that
responds to a drought situation or emergency water supply shortage with a 15
percent reduction goal from system production limits for non-Cal-Am water
users. Reductions are achieved by
voluntary water use cutbacks in addition to excessive emergency
use rates imposed during Stage 3 Water Conservation.
Section
Sixteen: Publication and
Application
The
provisions of this ordinance shall cause the republication and amendment of the
permanent Rules and Regulations of the Monterey Peninsula Water Management
District.
Section
titles and captions are provided for convenience and shall not be construed to
limit the application of the text.
Section
Seventeen: Effective Date
This
ordinance shall be given effect at 12:01 a.m. on the 30th day after
it has been enacted on second reading.
Section
Eighteen: Sunset
Upon
modification of SWRCB Order No. 95-10, or at least every five years at the
January meeting, beginning with the first review in January 2010, the Board of
Directors shall hold a public hearing to consider whether or not the provisions
of this ordinance shall be continued, modified, or rescinded.
Section Nineteen: Severability
If
any section, sub-section, sentence, clause, or phrase of this ordinance is for
any reason held to be invalid, such decision shall not affect the validity of
the remaining portions of this ordinance.
The Board of Directors hereby declares that it would have passed this
ordinance and each section, subsection, sentence, clause, and phrase thereof,
irrespective of the fact that any one or more sections, sub-sections, sentences,
clauses, or phrases may be declared invalid.
On
motion by Director ___________, and second by Director ____________, the
foregoing ordinance is adopted upon this ____ day of ___________, 2005, by the
following vote:
AYES:
NAYS:
ABSENT:
I, David A. Berger, Secretary to the
Board of Directors of the Monterey Peninsula Water Management District, hereby
certify the foregoing is a full, true and correct copy of an ordinance duly
adopted on the ____ day of ____________, 2005.
Witness my hand and seal of the
Board of Directors this ___ day of _______, 2005.
________________________________
David
A. Berger, Secretary to the Board
U:\staff\word\boardpacket\2005\2005boardpackets\20050321\PubHrgs\12\item12_exh12a.doc