ITEM:

INFORMATIONAL ITEMS/STAFF REPORTS

 

31.

QUARTERLY WATER SUPPLY PROJECT STATUS REPORT

 

Meeting Date:

January 24, 2008

Budgeted:

N/A

 

 

 

 

From:

David A. Berger

Program/

N/A

 

General Manager

Line Item No.:

 

 

Prepared By:

Henrietta Stern

Cost Estimate:

N/A

 

General Counsel Approval:  N/A

Committee Recommendation: N/A

CEQA Compliance: N/A

 

This is a quarterly report on Monterey Peninsula Water Management District water supply augmentation projects for the November –December 2007 period.  (The period is only two months due to a four-month review previously.)  The next quarterly report will be written in April 2008.  Limited background information is provided herein.  A detailed historical overview of previous action may be found in previous year’s reports.  Quarterly updates in year 2007 were prepared for the January, April, July and November 2007 regular Board meetings.  This information can be found on the District website at:  http://www.mpwmd.dst.ca.us/asd/board/meetings/meeting.htm. 

Updated weekly information is also available in the General Manager’s letter to the Board at:

http://www.mpwmd.dst.ca.us/gmletters/gmletters.htm. 

 

For the past several years, the MPWMD Board has identified water supply goals and objectives each Fall for the Water Year, defined as October 1 through September 30).  At the September 25, 2006 Strategic Planning Workshop, three-year goals were set along with six-month objectives for the September 2006 through March 2007 period.  The goals were refined and new six-month objectives through September 30, 2007 were developed at the Board’s April 19, 2007 strategic planning workshop; the strategic plan was formally adopted at the May 21, 2007 meeting.  Current water supply goals and objectives are shown below, and will remain in effect until the next Strategic Planning Workshop, scheduled for February 13, 2008.  This delay will allow two new Board members elected in November 2007 to take office, receive committee assignments, and become more familiar with District programs.  Original due dates (or revised dates) are shown in italics. 

 

Goal: Determine and participate in long-term water supply solution(s)

Ø      LS1: Continue participation in California Public Utilities Commission (CPUC) Coastal Water Project (CWP) process, including environmental review and Division of Ratepayer Advocates (DRA) processes (ongoing).

Ø      LS2: Provide technical support or guidance to the Monterey Regional Water Pollution Control Agency (MRWPCA) for its Groundwater Replenishment Project in the Seaside Basin (ongoing).

Ø      LS3: Present to the Board for consideration a Memorandum of Understanding (MOU) for participation in the Monterey Bay Regional Water Solutions Task Force to evaluate regional water supply solutions (6/30/07; completed).

Ø      LS4: Present to the Board the Community Advisory Committee (CAC) Report on projects listed in the matrix of water supply alternatives (9/30/07; completed).

Ø      LS5: Revise the matrix of water supply alternatives (using the quantified supply target) to incorporate results of the revised Bookman-Edmonston/GEI report evaluating desalination projects (revised to 02/28/08).

 

Goal: Complete Aquifer Storage and Recovery (ASR) Phase 1 and Expanded ASR Project(s)

Ø      ASR1: Secure State Water Resources Control Board (SWRCB) water rights permit for Phase 1 ASR Project (if not, team will prepare for water rights hearing) (revised to 12/31/07; completed)

Ø      ASR2: Complete Well #2 for Phase 1 ASR, including final facilities design and contractor selection (revised to 3/31/08).

Ø      ASR3: Determine the feasibility of a dual-well injection test and report results to the General Manager (revised to 12/31/07; feasibility assessment completed).  

Ø      ASR4: Facilitate determination and schedule for completion of necessary infrastructure improvements to the California American Water (CAW) system to ensure they are in place to support Phase 1 ASR (revised to 1/31/08).

Ø      ASR5: Confirm water storage rights with the Watermaster (revised to 01/24/08).

Ø      ASR-E1: [Expanded Objective] Complete negotiations with CAW for joint ownership of water rights, to obtain future ASR and other water rights permits (revised to ongoing through September 2008).

Ø      ASR-E2: [Expanded Objective] Develop a project description and yield estimate for expanded ASR, and present to the Board (revised to 03/31/08).

 

The following paragraphs describe action on the 12 water supply objectives identified above in the November 1 through December 31, 2007 period, with discussion about events in early January 2008, if needed.  For clarity, background information is provided for certain objectives.

 

GOAL: DETERMINE AND PARTICIPATE IN LONG-TERM WATER SUPPLY SOLUTION(S)

 

Objective LS1: Continue Participation in CPUC Coastal Water Project Process, including Environmental Review and Department of Ratepayer Advocates Processes

 

Action in November-December 2007:  MPWMD staff has participated in monthly CPUC/DRA meetings regarding water supply alternatives, and has assisted CPUC staff and consultants upon request.  This objective is ongoing.

 

Discussion/Background:  District staff has met with and assisted CPUC staff and consultants since mid-2006 to help the CPUC better understand existing and future community needs, and how those needs may relate to the Coastal Water Project proposed by CAW as well as various potential alternatives.  The CPUC issued a Notice of Preparation (NOP) of a Draft Environmental Impact Report (EIR) for the CWP on September 29, 2006, which will include information on alternative desalination facilities to the plant proposed at Moss Landing.  Beginning in January 2007, the DRA began monthly meetings with a variety of agencies and public interest groups to review alternatives to the CWP to serve as a regional water supply project (or combination of projects) for northern Monterey County, including the Monterey Peninsula.  The MPWMD Board at its January 25, 2007 meeting directed District staff to participate in this process.  The MPWMD General Manager advises the Board of CPUC action in his weekly letters and monthly reviews.

 

The primary components of the CWP are a 10 million-gallon-per-day (mgd) desalination project at Moss Landing, a conveyance pipeline to the Peninsula (with associated structures), and ASR producing a minimum of 1,300 AFY. The NOP identified alternative desalination site locations, intake and discharge operations, desalinated water conveyance systems, and project sizes. The District submitted comments on the NOP in November 2006 (see January 2007 report for details). 

 

In December 2007, District staff attended a briefing by the DRA facilitator and consultant regarding the latest version of the draft regional water supply alternative strategy.  It consists of multiple components, including: (1) expanding the existing tertiary-treated recycled water project for North County agricultural use; and (2) meeting the Monterey Peninsula's and North County's potable urban water needs through desalination and purified recycled water injection of the lower Salinas River basin shallow brackish-water aquifer, coupled with potential use of water from the Salinas River "rubber dam" project that could be in excess of agricultural user needs.  The consultants advised that detailed technical analysis is required to determine the feasibility of these project components, which Marina Coast Water District staff is proposing to partially undertake.  This draft strategy was discussed at the DRA "REPOG" meeting on December 18, 2007. 

 

Objective LS2: Provide Technical Support or Guidance to MRWPCA for its Groundwater Replenishment Project in the Seaside Basin  

 

Action in November-December 2007:  MPWMD staff continues to meet and advise MRWPCA staff and consultants, and provides technical review of technical and planning documents prepared by MRWPCA, as requested.  This objective is ongoing.

 

Discussion/Background:  The Groundwater Replenishment Project (GRP) entails potential injection or percolation of highly purified recycled water in to the Seaside Groundwater Basin.  It is modeled after a successful replenishment project in Orange County, California.  Studies are underway to determine whether a similar type of project is feasible in the Seaside Basin east of General Jim Moore Boulevard.   At its November 20, 2006 meeting, the MPWMD Board adopted Resolution No. 2006-05 expressing support for the MRWPCA replenishment efforts. The resolution text may be viewed at:  http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2006/20061120/04/item4.htm. Subsequently, MPWMD staff has participated in five GRP technical coordination meetings, and has provided technical assistance to the GRP consultant team in the preparation and review of project reports.

 

Objective LS3: Present to the Board for Consideration an MOU for Participation in the Monterey Bay Regional Water Solutions Task Force to Evaluate Regional Water Supply Solutions

 

Action in November-December 2007:  The objective for Draft MOU approval by the Board was met on time in June 2007.  MPWMD staff continues to coordinate with other entities on regional water supply solution opportunities as part of an inter-agency Task Force of local elected officials, charged with developing a regional strategy for resolving the water supply needs of the Monterey Peninsula and North County, including the northern Salinas Valley. 

 

Discussion/Background:  District staff continues to coordinate with MRWPCA, Monterey County Water Resources Agency (MCWRA), Marina Coast Water District (MCWD) and other entities on regional water supply solution opportunities.  The District General Manager continues to participate in Monterey County-led meetings of a Managers Working Group comprised of water/wastewater districts and cities from the Monterey Peninsula and north Monterey County, including the northern Salinas Valley, regarding a potential governance structure for a regional water supply planning entity currently known as the Monterey Bay Regional Water Authority (MBRWA).  At its March 22, 2007 meeting, the District Board approved in concept a draft Memorandum of Understanding to Form the Monterey Bay Regional Water Solutions Task Force, and urged other entities to consider it as well and/or offer suggested changes.  The MOU proposes to form a committee comprised of a representative from the County Board of Supervisors, affected water district/agency governing boards, and city councils.  At its meeting of June 18, 2007, the MPWMD Board approved a revised Draft MOU to form the Task Force and a contribution of $5,000 towards technical analyses that the Task Force will require. Entities involved in the MBRWA met on July 23, 2007 and endorsed the Final Draft MOU, which was distributed to all member entities for final approval in Summer/Fall 2007.  Additional information may be found at the MPWMD website at: 

http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2007/20070618/25/item25.htm

 

Objective LS4: Present to the Board the Community Advisory Committee Report on Projects Listed in the Matrix of Water Supply Alternatives

 

Action in November-December 2007:  No action.  The CAC final report was received by the Board at its September 17, 2007 meeting, on time as planned.

 

Discussion/Background:  The Community Advisory Committee was envisioned as a means to expand public input on the decision-making process regarding proposed water supply projects.  The CAC structure and charge were approved by the Board at its December 11, 2006 meeting.  In brief, the 14-member ad hoc CAC was comprised of two representatives appointed by each Board member – one individual and one community group representative.  The CAC reviewed the seven water supply projects in the MPWMD Comparative Matrix and provided comments on merits or drawbacks of each. Notably, the Board did not seek CAC consensus on a preferred project.  The CAC reviewed projects from February through July 2007, consolidated information, and issued a report, which was accepted by the Board at its September 17, 2007 meeting.   The CAC received presentations on the following projects:  Aquifer Storage and Recovery (MPWMD); Regional Urban Water Augmentation Project (Marina Coast Water District); Groundwater Replenishment Project (Monterey Regional Water Pollution Control Agency);  8,400 AFY Desalination Project near Sand City (MPWMD); Coastal Water Project (California American Water); North Monterey County Desalination Project (Pajaro/Sunny Mesa Community Service District); and Seawater Desalination Vessels (Water Standard Company).  Materials associated with each CAC meeting may be found at the District website at:  http://www.mpwmd.dst.ca.us/asd/board/committees/cac/2007/2007.htm.

For more information on the CAC itself, refer to the District website at:

http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2006/20061211/16/item16.htm

 

Because the CAC was an ad hoc committee, and completed its assigned duties, the committee no longer meets. 

 

Objective LS5: Revise the Matrix of Water Supply Alternatives (using the Quantified Supply Target) to Incorporate Results of the Revised Bookman-Edmonston/GEI Report Evaluating Desalination Projects

 

Action in November-December 2007: MPWMD consultant Bookman-Edmonston/GEI Consultants is preparing its final report, scheduled for receipt at the January 24, 2008 meeting.  The revised matrix, which will incorporate the BE/GEI and CAC information, is scheduled for presentation to the Board at its February 28, 2008 meeting. This delay enables two new Board members elected in November 2007 to have time to familiarize themselves with District programs and water supply projects before receiving the updated matrix.

 

Discussion/Background:  Since Fall 2004, the District has prepared an annual Comparative Matrix of Water Supply Alternatives spreadsheet to compare various projects for subjects such as cost and financing, implementation timeline, water yield, environmental review, and others.  The most recent matrix was received by the Board at its October 16, 2006 meeting.  The 2006 matrix featured three shore-based desalination projects and included preliminary information on the ship-based Seawater Conversion Vessels (SCV) technology, now known as the “Offshore Desalination Project” (ODP).  In addition, the 2006 matrix included information on the MPWMD ASR Project and two projects featuring purified recycled water.  For background information on the 2004 and 2005 matrices, please refer to the District website at: http://www.mpwmd.dst.ca.us/pae/matrix/matrix.htm.  To review the October 2006 matrix, visit:

http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2006/20061016/13/item13.htm.  

 

As part of development of the October 2006 matrix, in February 2006 the District Board approved retaining a team of water supply engineering design experts led by Bookman-Edmonston/GEI Consultants to conduct an independent technical evaluation of three proposed desalination projects previously reviewed in the 2004 and 2005 matrices: (1) Coastal Water Project at Moss Landing proposed by CAW; (2) the Monterey Bay Regional Desalination Project at Moss Landing proposed by Pajaro/Sunny Mesa Community Services District; and (3) MPWMD 8,400 AFY desalination project proposed in the Sand City area.   This effort culminated in a report presented to the Board at its June 29, 2006 special workshop.  Copies of the full report are available at the District office, and presentation materials may be viewed at the District website at:

http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2006/20060629/0629agenda.htm. 

 

At the June 2006 workshop, a number of questions and comments were posed by the Board and public.  At its July 17, 2006 meeting, the Board determined it would defer action on amending the B-E/GEI contract and preparing a final report until after the September 25, 2006 Board Strategic Planning Workshop.  A summary of comments by the Board, the public, and project proponents, including copies of written comments received was provided to the Board in a memorandum from the District Engineer dated September 12, 2006.  At its October 16, 2006 meeting, the Board determined that it wished to add review of the ODP technology to the scope of work.  The Board approved a B-E/GEI contract amendment at its February 22, 2007 Board meeting to include formal responses to questions and more detailed information about the ODP technology.  For more information about the B/E-GEI contract review in January 2007, please refer to the District website at:  http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2007/20070222/17/item17.htm.

 

B/E-GEI prepared a draft report evaluating four desalination projects in the matrix, which was received by the Board on July 16, 2007.  Three sets of comments were received by the August 17, 2007 deadline. The consultant scope of work was amended by the Board on September 17, 2007 to address these comments, which included substantial new data from the ODP proponents.  The B/E-GEI final report is slated for receipt at the January 24, 2008 Board meeting. 

 

The 2007 matrix (to be presented on February 28, 2008) will address how well various projects meet the water supply targets adopted by the Board earlier in 2007.  The targets were developed over a series of meetings in 2006 and 2007.  A staff-recommended value of 12,500 AFY for existing needs was presented to the Board for its consideration at the November 20, 2006 meeting.  For more information, refer to the District website at:

http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2006/20061120/12/item12.htm

 

A special workshop was held on May 18, 2006 to address future water needs, based primarily on projections made by the Technical Advisory Committee (TAC), comprised of jurisdiction planning staff.  The TAC evaluated water needs associated with various types of uses anticipated at “build-out,” based on current General Plans.  The TAC estimated that 4,545 AFY above existing needs would be required, as described in the District website at:

http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2006/20060518/01/item1.htm

No changes to the May 2006 estimate were proposed in November 2006.

 

The staff recommendation of 12,500 AFY for existing needs and 4,545 AFY for future needs was accepted by the Board in November 2006 to submit to the jurisdictions for comment with requested written comment by March 15, 2007.  A special workshop of the jurisdictions’ TAC and Policy Advisory Committee (PAC) was held on January 9, 2007, where District staff reviewed the development of its assumptions in detail, with emphasis on existing needs.  The TAC at its January 23, 2007 meeting accepted the information on existing needs.  The jurisdictions provided feedback in February and March 2007.  Jurisdiction comments were reviewed and the Board approved the 12,500 AFY and 4,545 AFY yield targets at its meeting of April 16, 2007.  Refer to the District website at:

http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2007/20070416/14/item14.htm     

 

 

GOAL: COMPLETE ASR PHASE 1 AND EXPANDED ASR PROJECT(S)

 

ASR entails diverting excess water flows (typically in Winter/Spring) from the Carmel Valley Alluvial Aquifer through existing CAW facilities and injecting the water into the Seaside Groundwater Basin for later recovery in dry periods.  The primary ASR water supply efforts at this time focus on: (1) continue testing of the existing full-scale Santa Margarita Test Injection Well (see “Other Water Supply Activities” below); and (2) pursue the permanent Phase 1 ASR Project at the Santa Margarita test site as well as future expanded ASR projects.   The primary goal of the MPWMD Phase 1 project is better management of existing water resources to help reduce current impacts to the Carmel River, especially during the dry season. The project is viewed as being complementary to other larger, long-term water augmentation projects that are currently being explored by various entities.  The project entails a maximum diversion of 2,400 acre-feet per year (AFY) from the Carmel River for injection, a maximum extraction of 2,000 AFY from the ASR wells in the Seaside Basin, and an average yield of about 920 AFY.  The proposed operation of the Phase 1 ASR Project would result in reduced pumping of the Carmel River in the Summer/Fall and increased storage in the Seaside Basin, which are both considered to be environmentally beneficial. 

 

On March 23, 2006, the District issued the Draft Environmental Impact Report and Environmental Assessment (EIR/EA) on the MPWMD Phase 1 ASR Project, including information on a CAW temporary pipeline associated with the ASR Project.  On August 21, 2006, the MPWMD Board certified the Final EIR/EA, including responses to comments, adoption of formal Findings of Approval, and adoption of a Mitigation Monitoring Plan to address project impacts, with emphasis on comments submitted by California Department of Fish and Game (CDFG), and National Marine Fisheries Service (NMFS, also known as NOAA Fisheries).  Notably, both CDFG and NMFS had previously filed water rights protests (see ASR1 below), so the EIR/EA responses and refinements were made with the intent to also resolve water rights concerns. Additional information on the Final EIR/EA is available on the District website at:

http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2006/20060821/10/item10.htm 

 

In Fall 2006, the certified EIR/EA was used a primary decision-making tool by several permitting entities. On September 19, 2006, the U.S. Army transmitted a signed Right-of-Entry permit, a key approval needed to construct the Phase 1 ASR Project.  The City of Seaside Planning Commission approved a Conditional Use Permit for the Phase 1 ASR well on October 11, 2006.  The Monterey County Health Department issued a well construction permit on December 13, 2006. 

 

Objective ASR1: Secure SWRCB Water Rights Permit for Phase 1 ASR Project (if not, Team Will Prepare for Water Rights Hearing)

Action in November-December 2007:  MPWMD staff and General Counsel assisted SWRCB staff in preparing permit documents by providing accurate information about required data references and permit conditions.  The SWRCB issued Orders WR 2007-0041-DWR and WR 2007-0042-DWR and Amended Permits 20808A and 20808B on November 30, 2007.  These Orders approve, in part, the District’s Petitions for Change to allow some of the water rights from the New Los Padres Project to be applied to the ASR Project. District staff immediately began addressing Condition #28 of Amended Permit 20808A relating to the need for a CDFG stream alteration agreement or waiver equivalent.  This effort continued into early January 2008.

 

Discussion/Background:  Water rights for Phase 1 ASR are based on two Petitions for Change, originally submitted by the District to the SWRCB in October 2001 and revised in September 2003.  The SWRCB noticed the District’s Petitions on April 15, 2005.  The District prepared formal responses to NMFS and CDFG protests in mid-June and July 2005, respectively.  The District worked extensively with NOAA and CDFG through September 2007 to resolve water rights issues and also address CAW concerns (CAW and MPWMD had previously agreed to share water rights for the Phase 1 ASR Project).  These efforts included extensive meetings, telephone conferences, computer modeling and formal correspondence.  The SWRCB also hosted several meetings of all water rights participants.  A mutually satisfactory resolution of agency and CAW concerns finally occurred in mid-September 2007, just before the scheduled September 24, 2007 SWRCB hearing, which was cancelled when the protests by CDFG and NMFS were withdrawn.  This delay did not affect ASR water diversions in Water Year 2007 due to the critically dry streamflow conditions, which presented minimal opportunity to use the water rights permit, had it been issued.    

 

Due to the delay for the long-term Phase 1 ASR permit, the District applied on November 28, 2006 for a temporary urgency permit to facilitate ASR testing with the existing test well (Well #1) in the 2007 winter season.  The SWRCB issued the temporary permit on January 11, 2007, which expired on May 31, 2007.  Notably, except for a few days, Carmel River flow did not meet minimum flow rates needed to divert water to the existing ASR well; approximately 12 acre-feet were diverted.   

 

In related action, District staff continues to coordinate with SWRCB staff regarding water rights associated with the New Los Padres Reservoir Project (issued in 1995).   The reservoir water rights are relevant as they are the basis for the Petitions for Change described in Objective ASR1 above.  The District transmitted a July 2006 letter requesting an extension of time for the reservoir permits to maintain the water rights associated with them.  Five objections were filed from entities including: CAW, CDFG, Carmel River Steelhead Association, Esselen Tribe of Monterey County and NMFS.  Copies of the objections were provided to the District in December 2006, and responses were provided.  The parties have not yet met to come to agreement on terms and conditions for approval to extend the permit; outstanding issues would become the subject of SWRCB decisions. 

 

Objective ASR2: Complete Well #2 for Phase 1 ASR, including Final Facilities Design and Contractor Selection

Action in November-December 2007:  District staff and consultants, in coordination with CAW, continued design of Phase 1 ASR support facilities such as a new well pump and motor in addition to electrical conduits, percolation basin, pipes and valving.  Completion has been delayed by an expanded evaluation and remediation challenges at the existing ASR Well #1.  Bids for initial facilities construction were received on November 13, 2007 to install permanent underground plumbing and electrical piping for ASR Well #2.   The revised goal date for installation of these ASR well facilities is March 31, 2008, due in part to delays stemming from ordnance removal requirements and water quality concerns conveyed in Fall 2007.  District staff coordinated with the Fort Ord Reuse Authority (FORA), U.S. Army and Regional Water Quality Control Board (RWQCB) to help address these issues.  The District Board approves a revised financing plan in November 2007.

 

Discussion/Background:  The Phase 1 ASR Project is comprised of the existing full-scale test well at the Santa Margarita site in addition to a new, second ASR well immediately adjacent to the site.  The two wells would be operated in tandem.  The District began construction mobilization for the second well the week of December 4, 2006, as scheduled.  A temporary sound wall was constructed and drilling began in early January 2007.  The well was completed in early February 2007 and formal production testing subsequently occurred.  In early April, while preparations were being made for the final well inspection video, it was discovered that rock formation materials from the aquifer system had entered the well, indicating a continuing problem with the integrity of the well casing, apparently due to failure of pipe threads on the contractor’s drill bit that allowed the well development pump to drop to the bottom of the well.  Repair of the casing was completed in early May, and included a new bottom “swage” plate for the well, plus a concrete plug to ensure that the plate remains in place for the life of the well.  The District was not charged for the repair, which was conducted by the well drilling contractor, under supervision from the District’s construction management consultant.  A final acceptance video of the well construction was conducted in mid-May 2007.   The U.S. Army executed a Supplemental Agreement No. 1 to Department of Army Easement for Injection Test Well to enable the long-term Phase 1 ASR Project on September 21, 2007. 

 

In related action, beginning in October 2007, ASR Well #1 underwent planned remediation, and repair of the well components are more extensive than originally anticipated.  Also, unforeseen regulatory issues related to water quality and investigation of possible unexploded ordnance in the former Fort Ord Military Reservation have posed challenges that have delayed progress.

 

Regarding water quality issues, in late November 2007, MPWMD and CAW staff met with RWQCB Executive Officer Roger Briggs to discuss questions about disinfection byproducts in CAW treated potable water, the injection source water for the Phase 1 ASR Project.  These questions were raised due to concerns about ASR projects in other regions of the state, which triggered the Central Coast RWQCB’s need for consistent review of such projects in the context of statewide water quality anti-degradation policy.  During the meeting District technical staff presented the results of rigorous and detailed ASR water quality testing analysis we have conducted over the past several years.  The consensus conclusion among representatives of all three entities present in the meeting was that the District’s ASR project source water conditions, Seaside Basin water use considerations, and aquifer characteristics are significantly different, and in large part not directly comparable, to the other ASR projects that raised the issue.  It is anticipated that RWQCB staff will consider the Phase 1 Seaside Basin ASR project separately, and not require additional permit-related requirements that would adversely affect the project’s viability. 

 

During the meeting Mr. Briggs assured us that their written waiver of discharge requirements, which was issued last summer on the MPWMD Phase 1 Project, enables commencement of ASR operations this season.  A formal confirmation of the RWQCB’s conclusion is expected in the near future.  RWQCB staff also indicated that they would be developing formal criteria and guidelines to ensure that all ASR and similar projects in the Central Coast Region are reviewed for consistency with statewide water quality anti-degradation policy.  District staff intends to closely monitor this process to assist the RWQCB, and in order to ensure the long-term nature of RWQCB’s authorization or exemption determination for our Seaside Basin ASR operations. 

 

Regarding unexploded ordnance, in late 2007, the District was advised by FORA that there are additional required ordnance investigation activities that affect the Phase 1 ASR Project site that must be completed prior to property transfer to the City of Seaside.  In December 2007, the U.S. Army indicated it would assist with these activities, which commenced in January 2008.

 

Regarding ASR Project financing, on June 18, 2007, the Board adopted the required resolutions for participation in the California Statewide Communities Development Authority (CSCDA) Water/Wastewater pooled bond program to finance the District’s Phase 1 ASR Project.  Subsequently, a tax law attorney with the bond counsel firm that represents the CSCDA program determined that the ASR project is not eligible for regular tax-exempt financing, due to the fact that (because it is a private for-profit entity) CAW uses in its distribution system water injected and recovered by the District-owned ASR wells.  With the assistance of a financial advisor, District staff has also pursued a financing alternative that would involve issuance of tax-exempt “private activity” bonds.  However, due to the recent identification of two additional time-consuming and costly processes the District would have to complete in order to issue this type of debt, other possible alternatives have been re-evaluated.  Staff has now determined that due to unanticipated and unavoidable delays in completing the ASR project, a significant portion of the required funding will not required until Fiscal Year 2008-09, and that the project can now be funded on a pay-as-you-go basis. That alternative was approved by the Board at its November 19, 2007 meeting.

 

Objective ASR3: Determine the Feasibility of a Dual-Well Injection Test and Report Results to General Manager 

 

Action in November-December 2007:  MPWMD staff continues to work with MCWD and MCWRA to facilitate use of water from the MCWD system for roughly two weeks to test the ASR project, particularly the use of Well #1 and the new Well #2 together, if sources from the Carmel River and/or main CAW system are not available.  A three-party ASR Coordination Agreement between MPWMD, MCWD and MCWRA was refined;  MCWD  and MCWRA legal counsels collaborated in review and approval of the agreement in November 2007. The agreement was approved by the MCWD Board on November 14, 2007, and was approved by the MPWMD Board at its December 10, 2007 meeting.  From a regulatory perspective, this task is completed; however, the actual dual-well test is slated for April 2008 once several required actions are completed.   

 

Discussion/Background:  Typically, the Phase 1 ASR well testing would be based on waters from the Carmel River, as allowed by the water rights permits issued by the SWRCB, which consider the needs of the Carmel River steelhead.  The lack of flow in the Carmel River in 2007, combined with the current operational constraints in the CAW system, has resulted in loss of the ability to test the Phase 1 ASR project at full capacity (i.e., Well #1 and #2 operating together).  Thus, District staff has been working with MCWD and MCWRA staff to further develop plans for possible use of treated water from the MCWD distribution system to support a “dual-well” injection test at the ASR site in late 2007.  As part of that effort, District staff has asked District General Counsel to clarify water storage rights and procedures contained in the Seaside Basin adjudication court decision, as they would potentially affect this proposal (see Objective ASR-5 below).  District Counsel drafted an agreement for consideration by participating entities in order to enable this proposal to proceed, which would define objectives and responsibilities regarding the planned injection testing using MCWD system water.  The MCWD Board approved this agreement at its November 14, 2007 meeting, and the MPWMD Board approved the agreement at its December 10, 2007 meeting.   

 

The estimated date for testing the combined injection capacity of the District's two ASR wells is late March or early April 2008.  If water from MCWD is to be used, prior to initiating the dual-well injection test (assuming 3,000 gallons per minute for up to three weeks), the following tasks must be completed: (1) finalizing the agreement with MCWD and MCWRA, expected in February 2008; (2) making a temporary physical connection between the MCWD system and the ASR site; and (3) waiting for completion of the ASR Well #1 rehabilitation work that is underway and the ASR Well #2 development work that has just begun.

 

Objective ASR4: Facilitate Determination and Schedule for Completion of Necessary Infrastructure Improvements to the CAW System to Ensure They Are in Place to Support Phase 1 ASR

 

Action in November-December 2007:  As part of ongoing coordination and technical information exchange, District and CAW staff and consultants continue to meet and/or communicate regarding infrastructure needed to deliver an adequate volume of treated water to the MPWMD Phase 1 ASR project site as well as adequate supply for future ASR concepts (see also Objective ASR-E2).  CAW submitted a basis-of-design report for needed facilities to the CPUC on November 30, 2007.  Completion of this goal has been delayed until January 31, 2008 due to unresolved electrical issues, a variety of emergency actions due to severe storm-related power outages in early January 2008, and recent CAW staff changes, including a new general Manager in mid-January 2008.

 

Discussion/Background:  In 2006, District staff worked closely with CAW to help obtain permits and other approvals to construct a temporary pipeline along the west side of General Jim Moore Boulevard.  This pipeline is needed for existing CAW system operational flexibility as well as to provide water to enable full capacity of the Phase 1 ASR Project.  CAW mobilized the temporary pipeline segments in December 2006, and the pipeline assembly was completed as of late March 2007. However, the District was advised by CAW consultants on April 18, 2007 that additional CAW distribution facilities are needed to support water diversion to both Phase 1 ASR wells in addition to existing CAW wells.  Since then, District and CAW staffs continue to meet to address current and future demands on the CAW system from a hydraulic and engineering perspective; four meetings were held since October 1, 2007 and additional meetings are planned.   A related task is to balance near-term operations and ASR needs with longer-term plans by CAW to construct the Coastal Water Project.

 

Objective ASR5: Confirm Water Storage Rights with the Watermaster

 

Action in November-December 2007:  A legal opinion Memorandum on MPWMD and CAW’s right to store water injected into the Seaside Basin via the Phase 1 ASR project and potential future projects was prepared by General Counsel.  District staff plans to provide materials and discuss its ASR plans with the Watermaster Technical Advisory Committee in January 2008, which is a delay in achieving this goal. 

 

Discussion and Background:  This objective relates to the fact that the Seaside Basin Watermaster is the Court-appointed entity with authority over storage and extraction rights of water in the Seaside Basin.  See “Other Water Supply Activities” below for more information on the Watermaster and associated District staff efforts.

 

Objective ASR-E1: Complete Negotiations with CAW for Joint Ownership of Water Rights, to Obtain Future ASR and Other Water Rights Permits

 

Action in November-December 2007:  No substantive discussions with CAW have taken place action due to emphasis on Phase 1 ASR water rights.  Completion of this goal relies, in part, on completion of other objectives first.  Efforts are anticipated to be ongoing through September 2008. 

 

Discussion/Background:  In late March 2006, the District and CAW finalized a Management and Operations Agreement (MOA) regarding ASR testing, mutual aid, cost-sharing, water rights and other issues.  This agreement satisfied the State Department of Health Services requirement that the entities enter into a minimum 10-year agreement to operate the ASR facilities.  It also includes provisions for sharing rights for the Phase 1 ASR project and to negotiate additional agreements for acquiring and sharing ownership of water rights for present and future potable water supplies for the Monterey Peninsula area.  In 2007, efforts have focused on securing water rights for the Phase 1 ASR Project and defining potential future expansion of ASR. 

 

Objective ASR-E2: Develop a Project Description and Yield Estimate for Expanded ASR, and Present to the Board

 

Action in November-December 2007:  As noted above, District staff continues to coordinate with and assist CAW consultants and staff regarding expanded ASR possibilities.  Completion of this goal has been delayed until March 31, 2008.

 

Discussion/Background:  As described above, efforts to date have focused on the Phase 1 ASR Project.  However, meetings continue between District and CAW staff/consultants regarding future ASR phases.  District staff has provided computer simulations for CAW consultant, ASR Systems, for their investigation of the ASR element of the proposed Coastal Water Project and potential expanded ASR projects.   In mid-2007, District staff reviewed a CAW Technical Memorandum on a conceptual plan for expanded ASR. Meetings with CAW and its consultants will continue into Spring 2008 on this subject.    

 

OTHER WATER SUPPLY ACTIVITIES

Though not formally a part of the Strategic Plan Water Supply objectives, the following water supply activities continued in the November-December 2007 period:

 

Conduct ASR Testing in 2007   

 

Action in November-December 2007:    Scheduled rehabilitation work on Well #1 began in October 2007 and continued through this period as more extensive work was needed than expected.  Rehabilitation was completed in late December 2007.

 

Discussion/Background:  Since 1996, the District has evaluated the feasibility of ASR at greater levels of detail, including obtaining annual temporary water rights to divert water from the Carmel River Basin water and inject it into the Seaside Basin.  In Water Years 1998 through 2007, the District has injected approximately 1,875 AF of excess winter flow from the Carmel River Basin into the Seaside Basin at two sites:  the MPWMD Paso Robles Test Injection Well (located at Mission Memorial Park in Seaside) and the SMTIW #1, located on the former Fort Ord military base, just east of General Jim Moore Boulevard near Eucalyptus Avenue.  During this period, 1,139 AF was recovered and delivered to the community via the CAW system as part of the test program. 

 

Extremely limited testing has occurred in 2007 due to inadequate streamflow in the Carmel River, due to critically dry conditions. In Water Year 2007, a total of 11.85 AF were diverted and injected into the Seaside Basin at the SMTIW site in February and March 2007. 

 

 

 

 

Participate in Seaside Basin Management as Part of Watermaster Board and as Consultant to the Watermaster 

 

Action in November-December 2007:  Pursuant to the Phase 2 Seaside Basin Monitoring and Management Program (SBMMP) budgets, which were approved by the Watermaster on October 17, 2007, the specific budget for MPWMD professional services was approved by the Watermaster Technical Advisory Committee on November 14, 2007 and by the full Watermaster Board on December 5, 2007.  The MPWMD Board approved the agreement on December 10, 2007, which includes a budget of $83,800 for MPWMD staff and consultants to provide a variety of technical hydrologic services related to groundwater monitoring, prevention of seawater intrusion and action plan development. . 

 

Discussion/Background:  The adjudication of the Seaside Basin also affects water project activities.  Litigation filed by CAW on August 14, 2003 asserted CAW’s water rights and requested a Court adjudication of the Seaside Basin.   The District intervened and participated in all litigation activities. Judge Roger Randall rendered a Final Decision on March 27, 2006.  The Decision was amended by the Court on February 9, 2007.  The complex and lengthy Decision determined that the Seaside Basin is in overdraft; set a reduced “natural safe yield” and a near-term “operating yield” allowed to be produced by the parties as they work toward a “physical solution” (including ASR and wastewater reclamation) to eliminate the overdraft.  

 

A nine-member Watermaster Board was created to implement the Decision with continued oversight by the Court.  The MPWMD holds one seat on the Watermaster with two out of 13 votes.  The MPWMD Board selected Michelle Knight as its representative to the Watermaster Board.  The Watermaster has held monthly meetings since its formal commencement on April 5, 2006.  District staff have also participated on the Watermaster Technical Committee and contributed significantly to the Seaside Basin Monitoring and Management Program Plan that was submitted to the Court in late May 2006.  District staff continued to contribute data and analysis as a Technical Committee member through 2006.  

 

In addition, on November 15, 2006, the Watermaster selected the MPWMD/MCWRA team to carry out the project management function for the Seaside Basin Monitoring and Management Program.  The firm of RBF Consulting was selected to implement the program (i.e., data collection, test well drilling, etc.).  At its April 18, 2007 special meeting, the Watermaster approved agreements with MPWMD, MCWRA and RBF Consulting Engineers for Phase 1 of technical work needed to complete and implement the SBMMP required by the Basin adjudication court decision.  The MPWMD agreement includes various SBMMP program management oversight tasks that are performed on an interim basis.  Some of these tasks have been taken over by the Watermaster’s  part-time Technical Program Manager, hired in June 2007, to facilitate completion  of SBMMP tasks, among other assigned duties.  The Watermaster also approved staff recommendations to increase its Administrative Fund Budget due to a higher-than-anticipated level of work in 2007 by its part-time Chief Executive Officer, as well as an adjustment in its SBMMP Budget to cover anticipated Phase 1 work by contract service providers and the Technical Program Manager.

 

 

In June 2007, District staff delivered several database products to the Watermaster and its consultants under the District’s Phase 1 contract on the Watermaster’s Seaside Basin Monitoring and Management Program (SBMMP).  This work is part of an effort to build a comprehensive groundwater resources database to support various Watermaster uses.  The next major element of work for the District under this contract included assistance in preparing analyses, based on data that have been collected by the District and others, of the current status of seawater intrusion potential and tracking in the Seaside Basin

 

Beginning in July 2007, District staff worked with the consulting team headed by RBF Consulting to gather various sources of well data to facilitate development of the Watermaster’s groundwater resources database.  District staff also assisted with the implementation of the seawater detection and tracking portion of the Seaside Basin Monitoring and Management Plan (SBMMP).

 

On December 10, 2007, the District Board approved an $83,800 professional agreement with the Watermaster for technical services to be performed by MPWMD during the 2008 calendar year.  The work to be performed includes:

  • Conduct ongoing data entry / database maintenance for the Watermaster’s water resource database that was developed in 2007 for the Watermaster by RBF Consulting in consultation with the MPWMD,
  •  Provide an update to the monitor well network enhancement report that was prepared in 2007 for the Watermaster by MPWMD,
  • Continue to collect monthly water levels for selected monitor wells under the Watermaster monitor program,
  • Continue to collect quarterly water quality samples under the Watermaster monitor program,
  • Expand monitoring to include the four new coastal “sentinel” monitor wells that were installed for the Watermaster in 2007,
  • Participate with Watermaster consultants and TAC members in preparation of the Watermaster’s Basin Management and Action Plan,
  • Participate with Watermaster consultants and TAC members in preparation of the Watermaster’s updated seawater intrusion analysis,
  • Prepare an Interim Seawater Intrusion Response Plan, consistent with the Court Decision, in coordination with Watermaster consultants and TAC members.

 

Integrated Regional Planning

 

Action in November-December 2007:  District staff continued to work with participating entities to finalize the Integrated Regional Water Management Plan (IRWMP).   The Final IRWMP was adopted by the Board at its November 19, 2007 meeting.  

 

Discussion/Background:  District staff led the effort to obtain $497,000 of Proposition 50 grant funds to prepare an Integrated Regional Water Management Plan (IRWMP) for the Monterey Peninsula, Carmel Bay, and South Monterey Bay Area.  Final approval of State Department of Water Resources (DWR) funding for preparation of the regional plan was made in early January 2006.  Since then, District staff has worked closely with local public and non-profit partners to complete the IRWMP, including retaining specialized consultants for this type of work.  A Draft Plan was completed in October 2006, and input was received from the partner entities. The revised Draft Plan was presented to the MPWMD Board at the July 16, 2007 meeting.  The revised Draft Plan has been circulated to an expanded list of agencies and organizations for broader public review and comment.  The Final Plan was presented to the Board, which adopted it at the November 19, 2007 meeting. Completion of the IRWMP will position the region to receive funds to implement specific projects, such as an expanded ASR Project.

 

Other Related Action 

The following table summarizes other related District efforts relevant to overall water supply: 

 

ACTIVITY

ACTION

 

Seismic Retrofit and Sediment Removal from San Clemente Reservoir.

District staff participated fully in the EIR/EIS process on the seismic retrofit of San Clemente Dam. Potential removal of sediment from San Clemente Dam continues to be explored by CAW, California Department of Resources (DWR), and the U.S. Army Corps of Engineers (USCOE).  District staff participated in technical meetings and provided technical expertise upon request.  District staff submitted extensive technical comments on the Draft EIR/EIS issued in April 2006.   Efforts in 2007 focused on review of new concepts proposed in 2007 to address sedimentation and fish passage issues, including providing technical comments related to the Final EIR/EIS, which was certified by DWR on December 31, 2007.  District staff continues to coordinate with interested entities on solutions to sedimentation problems associated with the dam. 

 

Implement and Refine Water Distribution System (WDS) Rules and Regulations.

Ordinance No. 122 refining the Water Distribution System (WDS) process became effective on September 14, 2005.  The ordinance created a Pre-Application process for all new wells in the District along with an impact-based, multi-level permit process, based on the size, location and water use of affected parcels.  Staff and consultants continued to refine Implementation Guidelines to accompany the ordinance.  A total of 22 Applications and 36 Pre-Applications are currently at various stages in the permit process.  In October 2006, the Board confirmed the administrative direction in WDS Memo #3, which addresses environmental review and permit protocol for applications that include wells located in the Carmel Valley Alluvial Aquifer (CVAA).  The memo directs more rigorous review based on letters received from NMFS and CDFG on the cumulative impacts on water extractions from the Carmel River.   For expanded well information, please refer to the District website at:

http://www.mpwmd.dst.ca.us/wrd/wells/general%20info/geninfo_052407.htm

 

Review CEQA Documents for Other Projects

 

The District logs incoming CEQA notices and comments on selected documents prepared by other agencies for substantive projects within the District boundary that could potentially affect water supply, water quality or environmental resources managed by the District. 

 

 

EXHIBITS

None

 

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