EXHIBIT 3-B

 

DRAFT

RESOLUTION NO. 2007-05

 

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE

MONTEREY PENINSULA WATER MANAGEMENT DISTRICT

MODIFYING RULE 162 – REGULATORY WATER PRODUCTION TARGETS FOR CALIFORNIA AMERICAN WATER MAIN SYSTEM

 

 

            WHEREAS, District Rule 162 describes Stage 2 Water Conservation of the District’s Expanded Water Conservation and Standby Rationing Plan and specifies the conditions under which Stage 2 Water Conservation is enforced;

 

WHEREAS, Table 1 of Rule 162 shows monthly and year-to-date at month-end production targets for the California American Water main system that are used to trigger Stage 2 Water Conservation enforcement;

 

WHEREAS, the current targets in Table 1, which include California American Water production from Carmel River sources and from the coastal subareas of the Seaside Groundwater Basin, are based on the limit specified in State Water Resources Control Board Order No. WR  95-10 for California American Water production from Carmel River sources (11,285 acre-feet per year) and the District’s assumption that California American Water’s share of the safe yield of the coastal subareas of the Seaside Groundwater Basin is 4,000 acre-feet per year, respectively;

 

WHEREAS, the assumption regarding California American Water’s share of the safe yield of the coastal subareas of the Seaside Groundwater Basin (4,000 acre-feet per year) is no longer valid as a result of the March 27, 2006 Seaside Groundwater Basin adjudication decision that limited California American Water’s production from the coastal subareas of the Seaside Groundwater Basin to 3,504 acre-feet per year during Water Years, 2006, 2007, and 2008;

 

WHEREAS, Rule 162 allows for modifications to Table 1 by Board resolution to reflect  changed conditions;

 

NOW, THEREFORE BE IT RESOLVED by the Board of Directors of the Monterey Peninsula Water Management District as follows: 

 

The Monterey Peninsula Water Management District approves modifications to Table 1 of Rule 162, Regulatory Water Production Targets for California American Water Main System From Sources Within the Monterey Peninsula Water Resources System, consistent with State Water Resources Control Board Order No. WR 95-10 and the Seaside Groundwater Basin adjudication decision (California American Water v. City of Seaside, et al. [Case No. M66343, California Superior Court, Monterey County, March 26, 2006]).  Modified Table 1 is attached.

 

On motion by Director ________ and seconded by Director ________, the foregoing Resolution is duly adopted this ___ day of _______ 2007 by the following votes:

 

 

            AYES:             Directors _________________

 

            NAYS:             Directors _________________

            ABSENT:        Directors _________________

 

 

            I, David A. Berger, Secretary to the Board of Directors of the Monterey Peninsula Water Management District, hereby certify that the foregoing is a full, true and correct copy of the Resolution duly adopted on the ___ day of _________ 2007.

 

 

 

            Witness my hand and seal of the Board of Directors this ___ day of ________ 2007.

 

 

 

 

                                                                        ____________________________________

                                                                        David A. Berger,

                                                                        Secretary to the Board

 

 

 

 

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