Exhibit 11-A
ORDINANCE NO. 124 – Version 7, July 7,
2006
AN ORDINANCE OF THE BOARD OF DIRECTORS OF
THE
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
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
4. This
ordinance creates an exemption for permitting
requirements that apply to water distribution systems solely serving lands in
the former
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. District
staff has identified the need for two new definitions and two refined
definitions of terms in Rule 11 to foster clarity and accuracy.
7. 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 June 22,
2006.
8. 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 wWater dDistribution sSystem pPermit 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 wWater dDistribution sSystem is outside of the District boundary, and (b) the sSource of sSupply 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 Seaside
Groundwater Basin as shown in maps provided in the Implementation
Guidelines;
(b) property is comprised of one or two rResidential pParcels totaling less than 2.5 acres in size; (c) property is located
outside of the California American Water (Cal-Am) sService aArea 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 wWell that is
registered with the District and/or included in the District well database at
the time of the application. The
4. For a sSingle-pParcel cConnection sSystem 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 aAlluvial aAquifer 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 aApplicant makes the well active, registers the wWell with MPWMD, meters the wWell, 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 rReactivate, rRefurbish or rReplace existing
wWells that are registered with the
District, as defined in Rule 11. To qualify for
this exemption, the reactivated, refurbished or replacement wWell must have substantially the same purpose
and cCapacity 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 aApplicant’s obligation to comply with
permit requirements by other regional, state or federal agencies. This exemption shall not apply to an aAbandoned wWell, or
replacement of an aAbandoned wWell, or wWells that have
been iInactive for more than 10 years.
6. For oOn-sSite cCisterns that
serve existing single-parcel connections, (i.e., rResidential
situations where rainwater is captured for oOn-sSite 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 iIrrigation sSystem, owned and operated by MPWMD, which exists solely to irrigate
riparian vegetation in the rRiparian cCorridor as part of the MPWMD Water Allocation Program EIR Mitigation
Program.
9. For an existing, expanded or new non-MPWMD iIrrigation sSystem that is served by a wWell completed prior to January 15, 2003 with the purpose to irrigate
riparian vegetation in the Carmel River rRiparian cCorridor 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 wWells completed on or after January 15, 2003.
10. For a wWater dDistribution sSystem in existence prior to April 18, 2001 that is comprised of
multiple, contiguous pParcels owned by the same owner.
Such a system may be referred to as “pre-existing mMultiple-pParcel cConnection sSystem.” However, any amendments
to such a wWater dDistribution sSystem 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
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).
COMPLETION OF A WELL – “Completion of a Well” shall means the
completion of all physical tasks necessary, so that the well is producing or
is capable of producing ground water, including an operable pumping
facility. This shall include acquisition
of a Monterey County Health Department Water Well Construction Permit,
installation of any water meter(s) required by MPWMD, and MPWMD inspection and
approval of the meter(s). a water Well pursuant to a Monterey County
Health Department Division of Environmental Health Water Well Construction
Permit, and the date of completion shall correspond to the “Date Work Finished”
as shown on the State of California Division of Water Resources Well Completion
Report.
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.
MONITOR WELL – “Monitor Well” shall mean
a water Well to monitor groundwater level and/or groundwater quality. The Owners or Operators of any formerly Active
Well that is to be converted to a Monitor Well shall properly register the Well
by filing forms provided by the District, including an amended Water Well
Registration form. Water shall not be
produced from a Monitor Well without written permission from the District. Exceptions to this restriction shall be
allowed for production to collect water quality samples in accordance with
standard sample collection protocol.
Short-term emergency use from a Monitor Well may be allowed, but only with
written consent from the District.
REPLACE A WELL – An aActive
or iInactive wWell is considered to be replaced
when a new wWell is completed in a separate borehole, or when the same
borehole is modified, such as by deepening.
A replacement wWell must be located on the same
legal pParcel as the original wWell, and may not be
located in the riparian zone, as defined by District Rule 11, unless a rRiver
wWork
pPermit has been applied for and issued by the District. The wWell that is being
replaced must be abandoned and destroyed in conformance with local and state
well regulations unless it serves as a properly constructed, maintained and
registered Monitor Well. Proper
registration means the Owner of the Well that is being replaced must file an
amended Water Well Registration form if the old Well is to be converted to a
Monitor Well, and must file a completed form provided by the District
indicating that no water will be produced from the Monitor Well without written
permission from the District.
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 30th 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\20060717\PubHrgs\11\item11_exh11a.doc
Prepared by H. Stern/FF on July 7, 2006