EXHIBIT 20-H
DRAFT – 10/09/07
MONTEREY PENINSULA WATER MANAGEMENT DISTRICT
for
(Application
#20070829CAW)
Permittee:
Permitted System: “Main”
Adopted by MPWMD Board of Directors on
October ___, 2007
Pursuant to MPWMD Rule 22-D
1.
The
“Main” California American Water (CAW) Water Distribution System (WDS) is
authorized by the Monterey Peninsula Water Management District (MPWMD) under
Permit #M07-03-L4 to serve all legal parcels within the city limits of Sand
City (City) as shown in Attachment 1. For
reference, a listing of all Assessor’s Parcel Numbers (APN) within the
City boundary was provided as Attachment 1 to the City’s August 3, 2007
Application package. Service to one
parcel, APN 011-501-014, is prohibited until adequate supply is available as
described in Conditions #3 and 29. The
designation “Main CAW WDS” refers to the system supplied by the Monterey
Peninsula Water Resource System and excludes separate, independent CAW units
such as the Bishop, Hidden Hills and Ryan Ranch systems. [Rule 22-D-1-a]
2.
This
Permit authorizes the Permitted System to provide treated, potable water for
residential, commercial, industrial and other uses in the service area identified
in Condition #1 as well as the entire CAW service area as constrained by the
Conditions of Approval of this Permit and Permit #M07-02-L4 issued to the City
of Sand City. [Rule 22-D-1-b]
3.
There
shall be no change to the existing system capacity (water production) or
expansion capacity (connection) limits of the CAW system prior to completion of
the Sand City Water Supply Project
(Project), including a 300 acre-feet per year (AFY) desalination facility. When the Project is shown to be fully operational,
CAW may receive an additional 300 AFY from the City via a new 8-inch main that
connects to the CAW 14-inch main near Roberts and Olympia Avenues in
4.
The
new water source for CAW is the City’s proposed Sand City Water Supply Project,
which includes a desalination plant, located between Elder and
5. Four proposed wells at two locations on
beach sands west of Highway One between Bay and Tioga Avenues shall serve as the means to extract brackish
water from the Aromas Sands Formation for treatment by the desalination
plant. This Permit recognizes the right
of the City to extract water from this aquifer pursuant to the Superior Court’s
Final Decision on the Seaside Basin Adjudication in March 2006. [Rule 22-C-3; Rules 52, 54 and 56]
Mandatory Conditions of Approval (MPWMD
Rule 22)
6. Precedent to use of this Permit,
Permittee shall first obtain and comply with the requirements and conditions of
permits issued by the California Public Utilities Commission (CPUC), State
and/or
7. Permittee shall execute an Indemnification Agreement (Attachment 2), which holds MPWMD harmless, and promises to defend MPWMD from any claims, demands, or expenses of any nature or kind arising from, or in any way related to, the District approval of the Permitted System or the adequacy of the system water supply. This Permit is not valid until the Indemnification Agreement is signed both by Permittee and MPWMD. The Indemnification Agreement must be signed and executed within 60 days of the date of approval (see top of page 1 for date) for this Permit to remain valid. [Rule 22-D-1-d]
8. Permittee shall comply with MPWMD Rules
and Regulations relating to water well registration, metering and annual reporting
of production for any well owned or operated by the Permittee that is located
within the service area identified in Condition #1. [Rule 22-D-1-e; Rules 52, 54 and 56]
9. Permittee shall report annually in the
form and manner prescribed by MPWMD the metered production of treated potable
water delivered to the CAW system from the Sand City Project. The reporting
year is October 1 through September 30 of the next year. [Rule 22-D-2]
10. Permittee shall comply with all pertinent
MPWMD water conservation rules and regulations, including the desalination
facility grounds. Current ordinances
specify maximum water use rates for fixtures and require new development to
install drought resistant landscapes, and drip irrigation, where appropriate. Contact with the District Permit and
Conservation Office at 831/658-5601 is recommended. [Rule 22-D-1-f]
11. No new water meter connection within the
Permitted System may be set until a Water Permit has been secured from MPWMD for
each individual connection in accordance with MPWMD regulations governing
issuance of Water Permits, including payment of applicable fees. Any intensification or expansion within the
Permitted System shall require a new application and permit pursuant to MPWMD
Rules 23 and 24. Connection charges
shall be calculated based on water demand estimates using MPWMD’s water demand
methodology at the time of each application.
[Rule 22-D-1-g; Rule 22-D-1-k]
12. Any new facilities, expansion of service
area boundaries, proposed modification, changed conditions regarding water
service by other entities, increase in the production or connection limits set
in Condition #3 of this Permit, or other changes described in MPWMD Rule 22-E
shall require a Permit to amend the Permitted System. [Rule 22-E]
13. A permanent intertie between the
Permitted System and the Sand City Water Supply Project is allowed pursuant to
the limits set in Condition #3 of this Permit.
[Rule 22-D-1-h]
14. Appropriate devices and treatment to prevent contamination or harm to the CAW system shall be installed as deemed necessary by CAW. A copy of documents associated with proof of CAW backflow protection shall be provided to MPWMD, if applicable. [Rule 22-D-1-h]
15. Compliance with California Title 22
drinking water standards as administered by State and/or
16. No additional mitigation measures to offset adverse environmental impacts are required by this Permit above and beyond those already specified in approvals by the City and California Coastal Commission, and other regulatory agencies with authority. [Rule 22-D-1-i]
17. A copy of an Agreement between the City and CAW for water service from the SCWDS shall be provided to MPWMD within 60 days of the date of approval (see date at top of page 1) for this Permit to remain valid. A draft agreement is acceptable. [Rule 22-D-1-j]
18. Upon MPWMD Board approval of
this Permit, the Permittee shall pay to MPWMD the invoiced cost for MPWMD
staff, attorney and consultant time spent to process the Application, as well
as direct costs, pursuant to Rule 60.
The Permittee shall be provided documentation to support the invoiced
amount. This Permit is not valid until payment for the invoiced amount is
received by MPWMD. Payment must be
received within 60 days of the date of approval (see date at top of page 1) for
this Permit to remain valid. [Rule 22-D-1-l]
19. Upon finalization of these conditions, Permittee shall sign (and notarize) a form regarding acceptance of Permit conditions for the approval of the Permitted System. By signing the form, Permittee acknowledges that Permittee understands and accepts these conditions as a binding part of the Permit approval, and agrees to carry them out faithfully. The Acceptance Form must be received within 60 days of the date of approval (see top of page 1) for this Permit to remain valid. [Rule 22-D-1-m]
20. Permittee
shall disclose to any future owner, successors and assigns of CAW the
requirements for the Permitted System associated with this Permit. Permittee shall advise MPWMD in a timely
manner of any changes in system ownership, system name or other substantive
changes to the system to facilitate accurate record-keeping. [Rule 22-D-2]
21. Construction
tasks for facilities authorized by this Permit shall be initiated within one
year from the date this Permit is issued. This Permit shall expire if no action is
taken within that year. Permitted
construction tasks shall be completed and water distribution system operation
shall commence within two years from the date this Permit is
issued (i.e., delivery of water to the Goodrich pipeline). The Permittee may apply in writing to the
MPWMD General Manager for a 180-day extension to the project
initiation deadline and/or the system operations commencement deadline, to be
approved at the discretion of the General Manager upon a finding of due
diligence by the Permittee to complete construction and commence operation of
the system. [Rule 22-D-4]
22. Permittee
is not required to execute a Notice and Deed Restriction regarding limits to
water use as set forth in these Conditions on the title of specific parcels
where water production facilities are located due to the unique nature of this
application. [Rule 22-D-1-n]
23. The
Permit granted herein is subject to revocation in the event the Permittee does
not fully comply with each and every condition set forth in this
document. [Rule 22-D-1-o]
24. Nothing in this Permit shall be construed to grant or confirm any water right.
25. This permit does not authorize any act
that results in the taking of a threatened or endangered species or any act
which is now prohibited, or becomes prohibited in the future, under either the
California Endangered Species Act (Fish and Game Code Sections 2050 to 2097) or
the federal Endangered Species Act (16 U.S.C.A. Sections 1531 to 1544). If a “take” will result from any act authorized
under this permit, the Permittee shall obtain authorization for an incidental
take prior to construction or operation of the project. Permittee shall be responsible for meeting
all requirements of the applicable Endangered Species Act for the project
authorized under this permit.
26. Upon notice to the Permittee in writing
or by telephone, the Permittee shall allow reasonable access by MPWMD
or its designated representative to property within the Permitted System to
inspect and photograph water production facilities and water measuring devices,
and take readings from water measuring devices.
Special Conditions of Approval for CAW
WDS
27. Permittee shall provide to MPWMD at no
charge copies of all future hydrologic, water production and water quality
reports submitted to local and state regulators, pursuant to agency permit
conditions, associated with service from the Sand City Water Supply Project.
28. Any new Desalination Project Water Entitlement of 206 acre-feet of CAW water
to parcels within the
29. Water service by CAW to parcel APN
011-501-014 shall be prohibited until either the Sand City Water Supply
Project, including the 300 AFY desalination plant, is shown to be fully
operational.
Attachment 1: Map of CAW Service Area in City of
Attachment 2: Indemnity
Agreement to be signed by Permittee and MPWMD
U:\staff\word\boardpacket\2007\2007boardpackets\20071015\PubHrgs\20\item20_exh20h.doc
Prepared
10/09/07 by H. Stern