MONTEREY PENINSULA WATER MANAGEMENT DISTRICT

AMENDING ITS REGULATION OF WATER

DISTRIBUTION SYSTEMS (RULE 20-C)

FINDINGS

1. The Water Peninsula Water Management District (MPWMD or 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 enacted, by ordinance, a set of Rules and Regulations to implement its statutory authority. District Rule 11 defines the terms used in the regulation of water distribution systems District Rules 20, 22, 40, 54-56 and 173 further define procedural and substantive rules that regulate these systems. Although these rules have been amended from time to time, the fundamental scope of these regulations was first enacted in the early 1980s. Significant refinements, changes and additions to the rules and regulations governing water distribution systems were adopted as part of Ordinance No. 96 in March 2001, and as part of Ordinance No. 105 in December, 2005.

3. The Water Management District has entered the 1992 Amended Memorandum of Agreement (MOA) with the Monterey County Water Resources Agency (MCWRA) and Pajaro Valley Water Management Agency (adopted in 1993) regarding regulation of the former Fort Ord area, which states in Paragraph 3(a), “The MCWRA shall have exclusive authority to regulate water delivery systems that deliver water to the area that is both within the present Fort Ord boundaries and within the MPWMD boundaries in existence at the time of the regulation, and the MPWMD will comply with any such ordinance enacted by MCWRA.” The MOA further states in Paragraph 3(b), “The MPWMD shall have exclusive authority to regulate the management of the Seaside groundwater basin within the present Fort Ord boundaries, and the MCWRA will comply with any such ordinance enacted by the MPWMD.” This Ordinance is intended to implement the intent of the MOA. The need for this modification was noted in Ordinance No. 105, by Finding #7, which stated the institutional setting had changed and that “action may be considered by the District Board to address this situation.”

4. This ordinance creates an exemption for permitting requirements that apply to water distribution systems solely serving lands in the former Fort Ord.

5. Ordinance No. 124 would delete the current exemption (Rule 20-C-11) that does not require a WDS permit “to only construct (but not use) the system components.” District staff has identified tracking and enforcement problems associated with this exemption. A newly constructed well is likely to be used given the expense involved, unless a physical problem precludes use of the well. District Rules already include provisions for monitor wells, inactive wells, abandoned wells and other situations where a newly drilled well may not be used for production over the long-term.

6. The Water Management District Board of Directors determines that this ordinance will not result in an adverse impact to the environment, based on an Initial Study and Proposed Negative Declaration filed on April 17, 2006 and adopted by the Board at its meeting of May 15, 2006.

7. This ordinance shall amend Rules 11 and 20 of the Rules and Regulations of the Water Management District.

NOW THEREFORE be it ordained as follows:

ORDINANCE

Section One: Short Title

This ordinance shall be known as the Water Distribution System Regulation Amendment Ordinance (Rule 20-C)

Section Two: Purpose

This ordinance shall revise the permanent Rules and Regulations of the Water Management District to clarify procedures and exemptions that affect creation or amendment of water distribution systems.

Section Three: Amendment of Rule 20 (Permits Required)

District Rule 20 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 20. PERMITS REQUIRED

[There are no changes proposed for Rule 20-A, 20-B, or 20-D.]

C. EXEMPTIONS FOR WATER DISTRIBUTION SYSTEM PERMIT

An MPWMD water distribution system permit is not required for the following situations:

1. For properties that lie outside the District boundary, where both: (a) the property to be served is wholly outside of the boundaries of the Monterey Peninsula Water Management District, and (b) the water source is also located outside of the District boundary.

2. For properties that straddle the District boundary, where both : (a) the portion of the property served by the water distribution system is outside of the District boundary, and (b) the source of supply is outside of the District boundary.

3. A system that meets all of the following criteria: (a) well site is located outside of the Carmel River Basin and the derives its source of supply from within the Carmel River Basin and the Seaside Groundwater Basin as shown in maps provided in the Implementation Guidelines; (b) property is comprised of one or two residential parcels totaling less than 2.5 acres in size; (c) property is located outside of the California American Water (Cal-Am) service area as shown in maps provided in the Implementation Guidelines or is not served by Cal-Am as a remote meter; (d) well site is located more than 1,000 feet from any Sensitive Environmental Receptor as defined in Rule 11; and (e) well site is located more than 1,000 feet from an existing well that is registered with the District and/or included in the District well database at the time of the application. The Carmel River Basin and Seaside Groundwater Basin are defined in Rule 11, Definitions.

4. For a single-parcel connection system located within the Carmel River Basin that meets all of the following three criteria: (a) the well location lies outside of the mapped area 1,000 feet from the Carmel Valley alluvial aquifer or 1,000 feet from Tularcitos, Hitchcock Canyon, Garzas, Robinson Canyon or Potrero Creeks; (b) a valid well construction permit by the Monterey County Health Department was issued prior to January 15, 2003; and (3) the applicant makes the well active, registers the well with MPWMD, meters the well, has the well inspected by MPWMD, and receives an approved MPWMD Water Meter Installation Inspection form issued on or before June 30, 2003.

5. To reactivate, refurbish or replace existing wells that are registered with the District, as defined in Rule 11. To qualify for this exemption, the reactivated, refurbished or replacement well must have substantially the same purpose and capacity of the structure replaced. The replacement structure must be consistent with other MPWMD Rules and Regulations. This exemption from the MPWMD permitting process does not affect in any way the applicant’s obligation to comply with permit requirements by other regional, state or federal agencies. This exemption shall not apply to an abandoned well, or replacement of an abandoned well, or wells that have been inactive for more than 10 years.

6. For on-site cisterns that serve existing single-parcel connections, (i.e., residential situations where rainwater is captured for on-site landscape irrigation use).

7. For deliveries of water by commercial companies in volumes less than or equal to 55 gallons per container.

8. For an existing or future new irrigation system, owned and operated by MPWMD, which exists solely to irrigate riparian vegetation in the Carmel River riparian corridor as part of the MPWMD Water Allocation Program EIR Mitigation Program.

9. For an existing, expanded or new non-MPWMD irrigation system that is served by a well completed prior to January 15, 2003 with the purpose to irrigate riparian vegetation in the Carmel River riparian corridor pursuant to conditions of approval of an MPWMD River Work Permit, a contract with MPWMD, or any other irrigation use approved by the District. This exemption does not apply to irrigation projects that are served by wells completed on or after January 15, 2003.

10. For a water distribution system in existence prior to April 18, 2001 that is comprised of multiple, contiguous parcels owned by the same owner. Such a system may be referred to as “pre-existing multiple-parcel connection system.” However, any amendments to such a water distribution system on or after April 18, 2001 must be permitted by the District pursuant to Rule 22.

~~11. To only construct (but not use) the system components. The District permit enables use of a water well or any other water distribution system component.~~

11. For a Water Distribution System that serves water to Parcels within the Former Fort Ord Lands within MPWMD, but that does not derive water from the Seaside Groundwater Basin or the Carmel River Basin, including the Carmel Valley Alluvial Aquifer.

12. Any exemption pursuant to this Rule 20-C, however, shall not be construed to exempt the facility or its owner/operator from any other requirement set forth in these MPWMD Rules and Regulations, or any other regulatory or legal requirement.

Section Four: 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).

Former Fort Ord Lands within MPWMD – “Former Fort Ord Lands within MPWMD” shall mean that area within both the boundary of MPWMD (legal description found in West’s California Water Code Appendix, Section 118-1 et seq., as amended) and the boundary of the Former Fort Ord (legal description found in Fort Ord Reuse Plan or other document authorized by the Fort Ord Reuse Authority.) Detailed Geographic Information System maps of this area showing affected Parcels are available at the District office.

Section Five: 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 Six: Effective Date and Sunset

This ordinance shall be given effect at 12:01 a.m. on the 30^th day following the date of its adoption on second reading.

Section Seven: Severability

If any subdivision, paragraph, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or enforcement of the remaining portions of this ordinance, or of any other provisions of the Monterey Peninsula Water Management District Rules and Regulations. It is the District's express intent that each remaining portion would have been adopted irrespective of the fact that one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable.

On motion of Director _________, and second by Director ___________,

the foregoing ordinance is adopted upon this ____ day of ____________, 2006 by the following vote:

AYES:

NAYS:

ABSENT:

U:\staff\word\boardpacket\2006\2006boardpackets\20060622\PubHrgs\21\item21_exh21b_attach1.doc

V1 Prepared by David Laredo on 1/19/06 with edits by DAB/HS 1/19/06, and HS 2/8/06; approved by MPWMD Board on 2/23/06

V2 amendments made 4/12/06 by HS

V3 amendments made 4/13/06 a.m. by JO and HS

V4 amendments made 4//13/06 p.m. by FF (Counsel)