EXHIBIT 12-A
ORDINANCE NO. 134
First
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE
MONTEREY PENINSULA WATER MANAGEMENT DISTRICT AMENDING
THE DEFINITION OF THE
FINDINGS
1. The Water
Management 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 general and specific power
to cause and implement water conservation activities as set forth in Sections
325 and 328 of the Monterey Peninsula Water Management District Law.
3.
This ordinance is enacted to respond to present and
threatened water emergencies, as provided by Section 332 of the District
Law. Water emergencies addressed by this
ordinance are created by legal circumstances which constrain the amount of
water that is available to serve water users in the
4.
The Water Management District adopted Resolution No. 84-4 on
March 4, 1984, declaring its intent to support a county-wide Water Conservation
and Rationing Plan and participate in a county-wide effort with other agencies
in
5.
The Water Conservation and Rationing Plan for Monterey County
was finalized in March 1989 and included an analysis of urban water
conservation measures in Monterey County, including the Monterey Peninsula
area.
6.
Based on the Water Conservation and Rationing Plan for
7.
On July 6, 1995, the State Water Resources Control Board
(SWRCB), in response to four complaints, issued Order WR No. 95-10 that found
that the groundwater in the aquifer underlying and closely paralleling the
8.
SWRCB Order WR No. 95-10 also found that California American
Water wells were drawing water from the subterranean stream associated with the
9.
SWRCB Order WR No. 95-10 directed California American Water
to reduce its average historical diversions from the Carmel River by 15% in
Water Year 1996 and 20% in each subsequent water year until its unlawful
diversions were terminated.
10.
In Water Year 1997, California American Water’s diversions
from the
11.
On January 28, 1999, to enable compliance with SWRCB Order WR
No. 95-10, the Water Management District adopted Ordinance No. 92 that
established an Expanded Water Conservation and Standby Rationing Plan.
12.
Since establishment of the Expanded Water Conservation and
Standby Rationing Plan in 1999, California American Water has complied with the
diversion limits specified in SWRCB Order WR No. 95-10 every year.
13.
On August 14, 2003, California American Water filed a lawsuit
in Monterey Superior Court, Case No. M66343 to adjudicate water rights in the
14.
Under the adjudication decision, California American Water’s
production from the Laguna Seca Subarea will be reduced from 345 Acre-Feet Annually
(AFA) to 0 AFA. Existing District definitions and rules did not include
regulation of the Laguna Seca Subarea within Regulation XV.
15.
Amendments to District Rules are necessary to address a water
emergency caused when increased consumption would force production over the
legal limits set by the
16.
The following District Rules shall be amended by this
ordinance: Rule 11 (Definitions), Rule 160 (General Provisions), Rule 161
(Stage 1 Water Conservation), Rule 162 (Stage 2 Water Conservation), Rule 163
(Stage 3 Water Conservation), Rule 164 (Stage 4 Water Rationing), Rule 165 (Stage
5 Water Rationing), Rule 166 (Stage 6 Water Rationing), Rule 167 (Stage 7 Water
Rationing), Rule 168 (Water Banks), Rule 169 (Water Rationing Variance), Rule
170 (Water Use Survey), Rule 171 (Water Waste and Non-Essential Water Use
Enforcement), Rule 172 (Landscape Water Audits), Rule 173 (Regulation of Mobile
Water Distribution Systems), Rule 174 (Regulation of Well Owners or Operators
and Extractors), and Rule 175 (Water Rationing Enforcement).
17.
This ordinance shall be reviewed and approved under the
California Environmental Quality Act (CEQA) based upon a Negative Declaration.
NOW THEREFORE be it ordained
as follows:
ORDINANCE
Section One: Short
Title
This ordinance shall be
known as the 2008 Monterey Peninsula Water Resource System Redefinition
Ordinance of the Monterey Peninsula Water Management District.
Section Two: Purpose
This ordinance amends the
definition of the Monterey Peninsula Water Resource System to include the
Northern Inland Subarea and the Laguna Seca Subarea of the
Section Three: Amendments to Rule 11
A. Rule 11, Definitions, shall be amended
as shown below, with added language as shown in bold italic type face,
and deleted language shown in strikeout type face.
CERTIFIED LANDSCAPE
IRRIGATION AUDITOR – “Certified Landscape Irrigation Auditor” or “CLIA” shall
mean an individual who has landscape irrigation system audit training and
experience; who has passed a certification examination administered by the
Irrigation Association (IA); and who operates by the IA Code of Ethics.
DWELLING
UNIT - “Dwelling Unit” shall mean single or multiple residences suitable for
single household occupancy but shall not refer to non-permanent student or
transient housing, the occupancy of which is projected to average 24 months or
less.
EMERGENCY
USE RATES – “Emergency Use Rates” shall mean a higher block
water rate used by California American Water during Stage 3 Water Conservation
as a mechanism to discourage excessive water use.
EXCESSIVE
USE RATES – “Excessive Use Rates” shall mean
a higher block water rate used by California American Water during Stage 3
Water Conservation as a mechanism to discourage excessive water use.
RATIONING YEAR – “Rationing Year” shall mean a one year period
beginning on the date water rationing is declared.
SATELLITE SYSTEMS -- “Satellite Systems” shall mean
SEASIDE BASIN ADJUDICATION DECISION -- “Seaside Basin
Adjudication Decision” or “Seaside Decision” shall mean the March 27, 2006
court adjudication, as amended, determining water rights in the Seaside
Groundwater Basin that restrict California American Water production from the
Coastal Subareas and Laguna Seca Subarea of the basin.
WATER RATION – “Water Ration” shall mean a specific
amount of water available to each Water User during Stages 5-7 Water Rationing.
WATER WASTE -”Water Waste” shall mean the indiscriminate,
unreasonable, or excessive running or dissipation of water. Water Waste shall include, but not be
limited, to the following:
1. Waste caused by correctable
leaks, breaks or malfunctions. This loss
of Potable water may be cited as Water Waste after a reasonable period of time
has passed in which the leak or malfunction could have been corrected. Exceptions may be granted by the General
Manager for corrections, which are not feasible or practical.
2. Use of Potable water for
washing buildings, structures, driveways, patios, parking lots, tennis courts,
or other hard surfaced areas, except in cases where health or safety are at
risk.
3. Indiscriminate or excessive
water use which allows excess to run to waste.
4. Use of Potable water to
irrigate turf, lawns, gardens or ornamental Landscaping between 9:00 a.m. and
5:00 p.m. by means other than drip irrigation, or hand watering without quick acting Positive Action Shut-Off
Nozzles. (Exceptions shall be made by the General Manager for professional
gardeners where there is no ability to not water between 9:00 a.m. to 5:00
p.m.).
5. Individual private washing
of cars with a hose except with the use of a Positive Action Shut-Off Nozzle. Use of water for washing commercial aircraft,
cars, buses, boats, trailers or other commercial vehicles at any time, except
at commercial or fleet vehicle or boat washing facilities operated at a fixed
location where equipment-using water is properly maintained to avoid wasteful
use.
6. Transportation of water from
the Monterey Peninsula Water Resource System without prior written
authorization from the MPWMD shall be deemed water waste. Emergency or health related situations are
exempt from this provision in accordance with Rule 169 (Water Rationing
Variance).
7. Operation of a commercial
car wash without recycling at least 50 percent of the Potable water used per
cycle.
8. Use of water for more than
minimal Landscaping, as defined in the Landscaping regulations of the Jurisdiction or as described in Article 10.8 of the California
Government Code.
9. Use of Potable water for
street cleaning.
10. Outdoor watering in
violation of Landscape irrigation restrictions required by Stage 1 Water
Conservation.
11. Failure to maintain water
use within a mandatory Landscape Water Budget.
12. Misrepresentation of the
number of Persons permanently residing on a property where water is supplied by
a Water Distribution System or by a private Well.
13. Water use in
excess of a Water Ration.
The following activities shall not be cited as Water Waste:
1. Flow resulting from fire
fighting or essential inspection of fire hydrants;
2. Water applied to abate
spills of flammable or otherwise hazardous materials, where water application
is the appropriate methodology;
3. Water applied to prevent or
abate health, safety, or accident hazards when alternate methods are not
available;
4. Storm run-off;
5. Flow from fire training
activities during Stage 1 Water Conservation through Stage 3 Water
Conservation;
6. Reasonable quantities of water
applied as dust control as required by the Monterey Bay Unified Air Pollution
Control District, except when prohibited by Regulation XV.
B. The current definition for
the Monterey Peninsula Water Resource System shall be deleted in its entirety
(shown in strikeout) and replaced with the following definition shown in
bold
italics:
MONTEREY WATER RESOURCE SYSTEM -
1. shall refer to lands which overlie
or are contiguous to (in whole or in part) water in the Carmel River (mainstem
and tributaries), Groundwater within the alluvial aquifer, and Groundwater
within the Seaside Coastal Subareas, as identified on MPWMD Boundary Map #1, as
that may be amended from time to time; or
2. shall mean the Groundwater and
surface water supplies which serve California American
Water, other Water Distribution Systems, and private Well Owners within the
District, including the surface water and Groundwater resources of the
3. shall exclude resources of the
Northern Inland Subarea and the Laguna Seca Subarea, and the
4. The District shall maintain a
current list of Water Distribution Systems within the Monterey Peninsula Water
Resource System.
MONTEREY
PENINSULA WATER RESOURCE SYSTEM -- “Monterey Peninsula Water Resource System”
(“MPWRS”) shall mean the surface water in the Carmel River and its tributaries,
Groundwater in the Carmel Valley Alluvial Aquifer which underlies the Carmel
River, and Groundwater in the Seaside Groundwater Basin.
The District
shall maintain a current list of Water Distribution Systems within the
Section Four: Amendment to Rule 160
Rule 160 shall
be amended as shown below, with added language as shown in bold italic type face,
and deleted language shown in strikeout type face.
RULE
160 - GENERAL PROVISIONS
A. All Water Users within the Monterey
Peninsula Water Management District shall be subject to
the District’s Water Waste and Non-Essential Water Use
prohibitions.
B. Prohibitions against Water Waste and
Non-Essential Water Use shall be enforced by the District and its designated
agents in accordance with Rule 171 (Water Waste Fees and
Non-Essential Water Use Enforcement) and Regulation XI, unless indicated
otherwise.
C. Stage 1 Water Conservation
shall apply to all Water Users within the Monterey Peninsula Water Management
District be implemented upon the effective date of this regulation.
D. Stage 1 Water Conservation parallels California
American Water’s Phase IV Mandatory Water Conservation program that was designed
to meet the Stages 1 2 and through 3 Water Conservation is are intended to maintain California American
Water achieve the Carmel Valley water production within
the limits set by the State Water Resources Control Board (SWRCB) and by the Seaside Basin
Adjudication Decision (Seaside Decision).
E. Stage 4 Water Rationing
through Stage 7 Water Rationing are intended to respond to limitations
in supply caused by inadequate system inflow and storage and emergency situations that
require water reductions.
EF. Stage 1 Water Conservation through Stage 3
Water Conservation shall apply to Water Users of the any California American Water Distribution System where
that system derives its Source of Supply from the
Monterey Peninsula Water Resource System (MPWRS) for as long as California American Water is
subject to legal or regulatory water production goals and
limitations enforced by the SWRCB.
FG. Stage 4 Water Rationing through Stage 7
Water Rationing may apply to all Water
Distribution System Water Users and Water Users within the Monterey
Peninsula Water Resource System as a response to limited water supply. These stages shall also serve as responses to
emergency situations where immediate reductions in water use are necessary to ensure
public health, safety or
welfare. This regulation authorizes the
Board of Directors to, from time to time, determine by Resolution that
any Water Distribution System or set of Water Users within the Monterey
Peninsula Water Management District shall be subject to Stages 4 Water
Rationing through Stage 7 Water Rationing as provided in this Regulation.
G. As to water derived from the MPWRS,
California
American Water shall maintain Unaccounted for Water Use in its MPWRS
distribution system at or below seven (7) percent. Average losses of more than seven (7) percent
during the most recent twelve-month period shall be considered Water Waste. This limitation shall not affect any California
American Water system east of, and including, the Ryan Ranch subunit.
H. California American Water shall amend its Urban Water Management Plan and
its Rule 14.1, Water Conservation and Rationing Plan – Monterey District, to
conform to the policies and procedures described in this
Regulation. A copy of the plan and
amendment Rule 14.1 shall be filed with the 180 30 days of the effective
date of any amendment to this Regulation. The plan shall comply with
the California Water Code, Division 6, Part 2.6.
I. At least 10 days prior to a first
reading by the Board of amendments to Regulation XV, a copy of the proposed
changes shall be provided to the CPUC Division of Ratepayer Advocates
(DRA).
Section Five: Amendment to Rule 161
Rule 161 shall
be amended as shown below, with added language as shown in bold italic type face,
and deleted language shown in strikeout type face.
RULE
161 - STAGE 1 WATER CONSERVATION
Stage 1 Water Conservation is
defined as the first stage in the District’s Expanded Water
Conservation and Standby Rationing Plan.
A. Stage 1 that takes
action to maintain California American Water production
from derived from the MPWRS below regulatory constraints within
the limits set by the SWRCB and the
B. During Stage 1 Water Conservation, California American Water
shall have the goal of maintaining its annual (October 1 through
September 30) water production from the Assuming
a maximum annual production of 4,000 Acre-Feet from the California
American Water system production limit of 15,285 Acre-Feet. Each Water User
deriving water from the California
American Water system that derives its Source of
Supply from the MPWRS
shall comply with District Water Waste and Non-Essential
Water Use prohibitions and shall participate to the extent possible in
voluntarily reducing water use.
B.C. All Water Users with the Monterey Peninsula Water
Management District shall comply with Water Waste and Non-Essential Water Use
prohibitions and the water conservation requirements of Regulation XIV.
D.
During Stage 1 Water Conservation,
E.
F.
California American Water, in coordination
with the District, shall conduct Landscape Water Audits and establish Landscape
Water Budgets for all Water Users subject to Rule 172. Annually, at the beginning of the Water Year,
G.
All Mobile Water Distribution Systems that
obtain water from within the District or that deliver water within the District
shall comply with Rule 173, Regulation of
H.
All Non-Residential Water Permits issued
after August 1, 2008 that include irrigated areas beyond ten (10) feet of any
building shall require installation of a separate water meter to measure all
exterior water uses.
I.
All New Structures receiving a Water Permit
after August 1, 2008 shall have separate water meters for fire suppression
systems.
Section Six: Amendment to Rule 162
Rule 162 shall
be amended as shown below, with added language as shown in bold italic type face,
and deleted language shown in strikeout type face.
RULE
162 - STAGE 2 WATER CONSERVATION
A. Stage 2 Water Conservation is
defined as the second stage in the District’s Expanded Water
Conservation and Standby Rationing Plan that takes action to maintain California American Water use
production
from the MPWRS below legal
and regulatory constraints.
This is accomplished by requiring implementation of Landscape
Water Budgets for large irrigators of three acres or more, Large Residential
Water Users, and Water Users with Ddedicated
landscape Irrigation water Mmeters.
B. Stage
2 Water Conservation shall be enforced when California American Water
production from the MPWRS has exceedsed the year-to-date at
month-end targets as displayed in Table XV-1.
1. The monthly distribution of
water production shown in Table XV-1 between sources in the
shall be approved by the Board of Directors as part of the Quarterly Water
Supply Strategy and Budget process. The
Board shall hold public hearings to consider the water supply budgets for
the Main California American Water System during the Board’s regular
meetings in September, December, March, and June, at which time the Board may
modify Table XV- 1 by Resolution.
Table XV-1
Production Targets
Table 1
Regulatory
Water Production Targets
for
Within
the
(All
Values in Acre-Feet)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
||
|
|
||
C. Requirements imposed by implementation
of the Expanded Water Conservation and Standby Rationing Plan through Stage 1 Water Conservation
shall remain in force. Requirements may be modified or superseded
by actions taken in future stages of the Expanded Water Conservation and
Standby Rationing Plan.
D. IMPLEMENTATION OF LANDSCAPE WATER BUDGETS
Implementation of Landscape Water Budgets:
All Water Users required to obtain a Landscape Water Budget under
District Rule 172 are required to manage outdoor irrigation within the
Landscape Water Budget assigned to the property.
E. Water use in excess of the established
Landscape Water Budget shall be considered Water Waste and shall be subject
to District Rule 171.
F. SUNSET OF STAGE 2
WATER CONSERVATION Sunset of Stage 2
Water Conservation:
Without further action of the Board of Directors, the
provisions of Stage 2 Water Conservation shall be rescinded and revert to Stage
1 Water Conservation upon compliance with the year-to-date at month-end
production goal for two consecutive months in the subsequent Water Year.
G. NOTICE Notice: users
with Landscape Water Budgets to report modifications in Landscaping which could
alter an existing budget.
3.
MONTHLY CONSUMPTION REPORTS Monthly
Consumption Reports: During
any Stage 2, 3, 4, 5, 6, or 7, California American Water shall provide the
District with monthly consumption reports in a format approved by the
District. Reports shall be provided
within fifteen (15) days of the close of the preceding month.
Section Seven: Amendment to Rule 163
Rule 163 shall
be amended as shown below, with added language as shown in bold italic type face,
and deleted language shown in strikeout type face.
RULE
163 – STAGE 3 WATER CONSERVATION
A. Stage 3 Water Conservation is defined as
the third stage in the District’s Expanded Water
Conservation and Standby Rationing Plan that takes action to maintain California American Water use
in the MPWRS
below legal and regulatory constraints. It is triggered when the year-to-date at
month-end production target for California American Water from the MPWRS is
exceeded twice by the average of California American Water’s year-to-date
production from the MPWRS for each month during the October through March
period or exceeded once by the average of California American Water’s
year-to-date production from the MPWRS for each month during the April through
September period. It provides a
procedure to enable emergency temporary increases in the upper block volume
rates and requires increased action by California American Water to reduce
Unaccounted For Water Use and monthly reporting of actions taken. Stage 3 Water Conservation may also be
triggered upon Resolution of the Board of Directors when there is a need for an
immediate water use reduction in response to an unexpected water production
increase.
Upon implementation of Stage 3 Water Conservation, California American Water
shall immediately submit a plan to the General Manager to reduce Unaccounted
For Water Uses in its MPWRS Water Distribution Systems to seven (7) percent or
less measurered by the most recent twelve-month rolling average and
shall immediately act on such plan.
California American Water shall provide a progress report to the Board
of Directors monthly until Stage 3 is sunset.
B. REGULATORY TRIGGER Regulatory
Trigger: Stage 3 Water Conservation
shall be enforced when any of the following criteria
has been met: 1) the average of California American Water’s year-to-date
production from the MPWRS for each month has exceedsed the
year-to-date at month-end production target for California American
Water from the MPWRS as displayed in Table 1 for a second time during the
period from October 1 through March 31 in any by 5 percent or more at the end
of the first quarter of the Water Year, or 2) the
average of California American Water’s year-to-date production from the
MPWRS for each month has exceedsed the year-to-date at month-end
production target for California American Water from the MPWRS by 4
percent or more at the end of January, or the year-to-date target by 2.5
percent or more at the end of February, or the year-to-date target by 1 percent
or more at the end of March as displayed in Table 1 once during the
period from April 1 through September 30 in any Water Year, or 3) California
American Water’s year-to-date production from the MPWRS on a year-to-date basis
exceed the year-to-date targets for a consecutive seven-day period during the
months of April, May or June; or 4) the California American Water’s production
from the MPWRS on a year-to-date basis exceeds the year-to-date target on any
single day during July, August, or September; or 5) a Resolution has
been adopted by the Board in accord with Section C below.
C. EMERGENCY TRIGGER Emergency
Trigger: Stage 3 Water Conservation
shall be implemented upon Resolution of the Board of Directors when there is
need for an immediate water use reduction requirement in response to an
unexpected water production increase.
D.
E. Requirements imposed by implementation of the
Expanded Water Conservation and Standby Rationing Plan through Stage 2
Water Conservation shall remain in force.
Requirements may be
modified or superseded by actions taken in future stages of the Expanded Water
Conservation and Standby Rationing Plan.
DF. SUNSET OF STAGE 3 WATER CONSERVATION
Sunset of Stage 3 Water Conservation:
Without further action by the Board of Directors, the
provisions of Stage 3 Water Conservation shall be rescinded and
Water Users shall revert to Stage 1 Water Conservation upon compliance
with the year-to-date at month-end production goal for two consecutive months
in the subsequent Water Year. Water Users of California
American Water when that water system derives water from the MPWRS shall revert
to Stage 1
Water Conservation.
Regulatory compliance during a period of Stage 4 Water Rationing shall not cause a sunset of this provision.
EG. NOTICE Notice: prepared for Water
Users of the California
American Water system.
FH. California American Water Emergency
Use Rates: California American Water shall implement the
California Public Utilities Commission (CPUC)-approved Eemergency Rrate
schedule to respond to Stage 3 water reduction requirements. California American Water shall file an
Advice Letter with the CPUC to implement Emergency Use Rates,
however, only after it has first met and conferred with the District at
least five days in advance of that filing.
The General Manager may waive this time period for good cause.
Section Eight: Amendment to Rule 164
Rule 164 shall
be amended as shown below, with added language as shown in bold italic type face,
and deleted language shown in strikeout type face.
RULE
164 – STAGE 4 WATER RATIONING
A. Stage 4 Water Rationing is
defined as the fourth stage in the District’s Expanded Water
Conservation and Standby Rationing Plan that responds to a drought situation or
other
threatened or existing emergency water supply shortage with a 15
percent reduction goal from system production limits for non-California American Water
Users.
Fifteen
percent reductions in the California American Water
system are achieved through Stage 3 Water Conservation. In the event that CAW is not currently at
Stage 3, CAW shall implement Stage 3 Water Conservation upon declaration of Stage
4 Water Rationing.
B. TRIGGER Trigger
1. Water Supply Limitation Trigger
Stage 4 Water Rationing shall apply
to all Water Distribution Systems, private Wells, or Water Users whose
Source of Supply is derived
from the MPWRS unless
proof is provided to demonstrate a superior, unimpaired water right to exempt
the Water Distribution System, private Well, or Water User from the Stage 4
rationing restrictions. Stage 4
Water Rationing shall become effective on June 1 or such earlier date as may be set by the Board following the
District’s May Board meeting if total usable storage in the MPWRS on May 1 is
less than 27,807 Acre-Feet and greater than 21,802 Acre-Feet. If total usable storage is equal to or
greater than 27,807 Acre-Feet on May 1, no water rationing shall be imposed.
2. Emergency Trigger
Stage 4 Water Rationing shall be
implemented upon Resolution of the Board of Directors when there is need for an
immediate water use reduction requirement in response to an unexpected water
supply shortage.
C. Requirements previously imposed by
implementation of the Expanded Water Conservation and Standby Rationing Plan
shall remain in force. Requirements may
be modified or superseded by actions taken in this or future stages of the
Expanded Water Conservation and Standby Rationing Plan.
D. The provisions of Stage 3 Water
Conservation shall be implemented for all Water Users of the California
American Water Distribution
System, unless specifically exempt from Stage 4 Water Rationing by action of
the Board of Directors.
ED. SUNSET OF STAGE 4 WATER RATIONING Sunset
of Stage 4 Water Rationing
1. Water Supply Availability
Stage 4 Water Rationing shall continue to have force and
effect until rescinded by Resolution of the Board of Directors upon a
determination that the total usable storage in the MPWRS is greater than 27,807
Acre-Feet. This determination will normally
be made at the Board’s May meeting.
However, a determination to rescind Stage 4 Water Rationing as early as
the following January Board meeting can be made if the total usable storage in
the MPWRS is equal to or greater than 27,807 Acre-Feet on January 1.
2. In the event total usable storage is
greater than 27,807 Acre-Feet, the General Manager shall review California American Water’s
year-to-date production. Upon compliance
with the monthly year-to-date goals specified in Table XV-1 of Rule 162 and,
unless otherwise specified in the Resolution rescinding Stage 4 Water Rationing,
Water Users shall revert to Stage 1 Water
Conservation. If California American Water’s
year-to-date production exceeds the year-to-date goal specified in Table XV-1
of Rule 162, California American Water
Users shall revert to either Stage 2 or Stage 3 Water Conservation.
3. Emergency
Upon correction of a water supply
limitation caused by an emergency, Stage 4 Water Rationing shall sunset without
action by the Board.
FE. NOTICE Notice
1. Upon direction of the General Manager, MPWMD
shall notify all non-California American Water Water Distribution System
Operators affected by Stage 4 Water Rationing shall notify Water Users of
the system that reductions in water use are necessary and that stricter
water rationing may be is imminent. Water Distribution System Operators shall
ensure that notices provided or required by the District shall be distributed
to their system Water Users.
A copy of each notice shall be filed with the District as well as a
current mailing list for all Water Users in that system. The District shall
preserve the confidentiality of any mailing list provided pursuant to this
Regulation.
2. As appropriate, California
American Water shall notify its Water Users that Excessive
Use Rates will be imposed upon the effective date of Stage 4 Water Rationing.
2.
The District shall notify contact all Water Users of private Wells (Single-Parcel
Connection Systems) not supplying water to a distribution system within the MPWRS. Notice Contact shall be via first class mail and
shall explain the restrictions placed on the use of private Wells during
requirements for Stage 4
Water Rationing and shall provide and/or request additional information from the private Well Owner
as deemed necessary for the efficient operation of the rationing program.
3. CAW shall provide notice to its customers that water rationing is imminent. CAW shall further provide its customers with a survey form to indicate any change in the number of residents or the type of Non-Residential use. Surveys shall be retuned to CAW within 30 days.
Section Nine: Amendment to Rule 165
Rule 165 shall
be amended as shown below, with added language as shown in bold italic type face,
and deleted language shown in strikeout type face.
RULE
165 - STAGE 5 WATER RATIONING
A. Stage 5 Water Rationing is
defined as the fifth stage in the District’s Expanded Water
Conservation and Standby Rationing Plan that responds to a drought situation or
other
threatened or existing emergency water supply shortage with a 20
percent reduction goal from the system production limits. Reductions are achieved by water use cutbacks
by User Category and by
per-capita Wwater Rrations and a moratorium on
Water Permits that Intensify Water Use.
B. TRIGGER Implementation
1. Water Supply Limitation Trigger
Stage 5 Water Rationing shall apply
to all Water Distribution Systems, private Wells, or Water Users whose
Source of Supply is derived
from the MPWRS unless proof is provided to
demonstrate a superior, unimpaired water right to exempt the Water Distribution
System, private Well, or Water User from the Stage 5 rationing restrictions. Stage 5 Water Rationing shall become
effective on June 1 or such earlier date as may be set by the Board following the District’s
May Board meeting if total usable storage in
the MPWRS on May 1 is less than 21,802 Acre-Feet and greater than 15,615
Acre-Feet. If total usable storage is
equal to or greater than 27,807 Acre-Feet on May 1, no water rationing shall be
imposed.
The General Manager may delay
implementation of Stage 5 Water Rationing to ensure adequate operation of the
program. Delays authorized by the
General Manager shall not exceed 90 days.
2. Emergency
Implementation shall also occur
following urgency action by Resolution of the Board of Directors declaring that
an emergency situation exists and immediate 20 percent reductions in water use
from a distribution system’s production limit are necessary to ensure public health, safety or
welfare.
The General
Manager may delay implementation of Stage 5 Water Rationing to ensure adequate
operation of the program. Delays
authorized by the General Manager shall not exceed 90 days.
C. SUNSET OF STAGE 5 WATER RATIONING Sunset
of Stage 5 Water Rationing
1. Water Supply Availability
Stage 5 Water Rationing shall continue to have force and
effect until rescinded by Resolution of the Board of Directors upon a
determination that the total usable storage in the MPWRS is greater than 21,802
Acre-Feet. This determination will
normally be made at the Board’s May meeting.
However, a determination to rescind Stage 5 Water Rationing as early as
the following January Board meeting can be made if the total usable storage in
the MPWRS is equal to or greater than 27,807 Acre-Feet on January 1.
2. In the event total usable storage is
greater than 27,807 Acre-Feet, the General Manager shall review California American Water’s
year-to-date production. Upon compliance
with the monthly year-to-date goals specified in Table XV-1 of Rule 162 and, unless otherwise
specified in the Resolution rescinding Stage 5 Water Rationing, Water Users
shall revert to Stage 1 Water
Conservation. If California American Water’s
year-to-date production exceeds the year-to-date goal specified in Table XV-1
of Rule 162, California American Water
Users shall revert to Stage 2 or Stage 3 Water
Conservation.
3. Emergency
Upon correction of a water supply
limitation caused by an emergency, Stage 5 Water Rationing shall be rescinded
by Resolution of the Board of Directors.
D. AFFECTED WATER USERS Affected
Water Users
Stage 5 Water Rationing shall apply
to all Water Users within the MPWRS unless specifically
exempt by action of the Board of Directors. As necessary to ensure adequate water
supplies, the Board of Directors may act within its discretion
to authorize activation of Stage 5 Water Rationing within one or more Water
Distribution Systems in the District.
E. Requirements imposed by implementation
of the Expanded Water Conservation and Standby Rationing Plan through Stage 4
Water Conservation shall remain in force.
Requirements may be modified or superseded by actions taken in this or
future stages of the Expanded Water Conservation and Standby Rationing Plan.
F. MORATORIUM Moratorium
On October 1 One hundred and twenty (120)
days following implementation declaration of Stage 5
Water Rationing, the District shall suspend
the issuance of cease accepting Water Permits
applications
associated with Intensification of Use.
All pending Water Permits not issued within 120 days of application [s1] shall be
suspended. This
provision shall not suspend the issuance of Water Permits that utilize public or private Water Use
Credits or where issuance of a Permit is required by prior
agreement of the District.
G. REDUCTION GOAL Reduction Goal
Stage 5 Water Rationing achieves
water use reductions of 20 percent of the California American Water and
non-California American Water
system production limits in each User Category as
follows: Residential single-family and
multi-family, Commercial/Industrial, Public Authority, Golf Course, “Other,”
Non-Revenue Metered Uses, and Reclaimed Water Users.
H. NOTICE Notice
1. California American Water
shall provide written notice of mandatory water rationing to every residence
and to every Non-Residential business or Water User within the California American Water
system via first-class mail at least thirty (30) days before the first day of
rationing.
Further, California American Water
shall send monthly reminders of water rationing in the water bill along with
information showing the User’s Wwater Rration,
and the quantity of the Wwater Rration consumed by
the Responsible Party, and the quantity of water available in the
User’s Water Bank. Finally, California American Water
shall provide each Responsible Party with a survey form update
survey information upon request.
2. All other Water Distribution System Operators affected by Stage 5 Water Rationing shall provide written notice of mandatory water rationing to every residence and to every Non-Residential business or Water User within the Water Distribution System via first-class mail at least thirty (30) days before the first day of rationing.
Further,
the Water
Ddistribution Ssystem Ooperator
shall send monthly reminders of water rationing in the water bill along
with information showing the Wwater Rration and the
quantity of the Wwater Rration consumed by the Water
User responsible party.
Finally, the Water Distribution System Operator shall provide each Responsible Party with a
survey form at least once each calendar year.
Water Distribution System
Operators shall ensure that notices provided or required by the District shall
be distributed to the system Water Users.
3. The District shall notify contact all
Water Users of private Wells (Single-Parcel Connection Systems) not
supplying water to a distribution system within the MPWRS at least thirty (30)
days before the first day of Stage 5 Water Rationing. Notice Contact shall be via
first class mail and shall explain the requirements for restrictions
placed on the use of private Wells during Stage 5 Water Rationing and shall
provide and/or request additional information from the private Well Owner as
deemed necessary for the efficient operation of the rationing program.
4. CALIFORNIA
AMERICAN WATER RATIONING RATES: California American Water shall implement the
CPUC-approved rationing rate schedule.
California American Water shall file an Advice Letter with the CPUC to
implement rationing rates after it has first met and conferred with the
District at least five days in advance of that filing. The General Manager may waive this time
period for good cause.
5. California American Water and all other
Water Distribution System Operators and the District shall notify Water Users
of the Sunset of Stage 5 Water Rationing.
I. RATIONS BY CATEGORY Rations by
Category
Water Rrations shall be
determined by User Category. Each Water User within the
Monterey Peninsula Water Resource System shall be classified in one of the
following groups: Residential single-family and
multi-family, Commercial/Industrial, Public Authority, Golf Course, “Other,”
Non-Revenue Metered Use, and Reclaimed Water Users.
J. REDUCED CALIFORNIA
AMERICAN WATER ANNUAL PRODUCTION DURING STAGE 5 WATER RATIONING Reduced Annual California
American Water Annual Production During Stage 5 Water Rationing
The California American Water
annual production limit shall be reduced by 20 percent during Stage 5 Water
Rationing. The resulting production
limit shall be further reduced by a water rationing contingency
determined by the Board. Seven (7) percent of the remainder shall be the maximum California American Water
Unaccounted For Water Use ration. The
remaining water shall be the California American Water
annual production limit for all User Categories.
K. NON-CALIFORNIA
AMERICAN WATER ANNUAL PRODUCTION LIMITS DURING STAGE 5 WATER RATIONING Non-California
American Water Annual production limits during Stage 5 Water Rationing
Available production for other Water
Distribution Systems subject to Stage 5 Water Rationing shall be determined
using the same methodology as for California American Water
without including a deduction for Unaccounted For Water Uses. The non-California American Water
annual production limit for the Monterey Peninsula Water Resource System shall
be used as the maximum production limit.
L. ESTABLISHING RATIONS Establishing
the Rations
Rations for each User Category shall
be determined by the General Manager by dividing
the reduced available production by the percentage of use. The percentage of use for each Uuser
group Category shall be determined by the most recent unrationed reporting Water
Yyear (July October 1 through September
June 30) data provided by
California American Water for
Water Users of that portion of California American Water
that derives water from the MPWRS, and by data provided by the District from its annual Well reporting program for
non-California American Water
Distribution Systems.
1. Residential Water Users
Each Residential Water User either
served by a water meter reported as “single-family residential” by the Water Distribution System or
served by a private Well shall have an equal portion of the water available to
the single-family Residential category based upon the number of residents
reported on the survey form.
2. Multi-Family Residential
Water Users
Each multi-family Residential Water
User either served by a water meter reported as “multi-family residential” by
the Water Distribution System or served by a private Well shall have an equal
portion of the water available to the multi-family Residential category based
upon the number of residents reported on the survey form with the following
exception:
a. Multi-Family Residential Sites with
common laundry facilities on a separate water meter shall receive a one-unit
water ration for each Dwelling Unit that has access
to the facility. Each Dwelling Unit located
on the Multi-Family Residential Site that has access to the common laundry
facility shall have the Dwelling Unit ration reduced by one unit of water.
3. Commercial/Industrial Water Users
Each commercial/industrial Water
User either served by a water meter reported as “commercial” or “industrial” by
the Water Distribution System shall have a base Water Rration
determined by applying the current commercial Water Use Factors.
a. Mixed Use Water Users. Mixed Use Water Users shall be classified as
Commercial Uses for the purposes of this program.
4. Public Authority
Public Authority Uses shall be
rationed by Jurisdiction. Each Public Authority Water User may combine multiple accounts
or Connections when the accounts are located within one Jurisdiction.
Golf Courses supplied water
exclusively by the California American Water or
non-California American Water
Distribution Systems or Wells may be rationed individually or, upon request to
the General Manager, as a group.
6. Other
Water Users utilizing portable water
meters or hydrant meters shall be required to employ Best Management Practices. California American Water
shall be required to report monthly to the District the location and Responsible Party for all
portable water meters and the amount of use from those meters. As deemed necessary to achieve the imposed
reduction in use, the District may condition use of temporary Connections.
7. Non-Revenue
Metered Users[MR3]
Non-Revenue Metered Uses shall be
rationed as a group with the following exception:
a. Irrigation required by the Mitigation
Program adopted when the Water Allocation Program
Environmental Impact Report was adopted in 1990, and as required by SWRCB Order
No. WR 95-10, shall not be subject to reductions in use. Required irrigation of the Riparian Corridor shall be
identified and reported separately from other Non-Revenue Metered Uses.
8. Non-California
American Water Wells
Regulations for rationing non-California American Water
Wells located within the MPWRS that are not supplying
water to a distribution system shall be considered by the Board prior to implementation
of Stage 5 Water Rationing.
9. Recycled Water Users
Recycled Water Irrigation Areas
receiving water from the CAWD/PBCSD Wastewater
Reclamation Project shall be subject to Stages 5 Water Rationing and higher for
Potable water used during an Interruption or emergency, in accordance with
contractual agreements between the District and the respective Owners of the
Recycled Water Irrigation Areas.
a. Before
Project Expansion Is Completed.
Under the agreements operative before the Project Expansion is Completed
(as the capitalized terms are defined in Rule 23.5), the Owners of the Recycled
Water Irrigation Areas shall have the respective irrigation requirements
thereof satisfied to the same degree as any non-Project Golf Course or open
space which derive their Source of Supply from the California American Water
system. The irrigation requirements of
the Recycled Water Irrigation Areas will be determined based on the most-recent
non-rationed four-year average irrigation water demand, including both Recycled
Water and Potable water, for each Recycled Water Irrigation Area. The use of Recycled Water, when available in
sufficient quantities to satisfy the irrigation requirements of the Recycled
Water Irrigation Areas, shall not be restricted by this requirement.
Each
Recycled Water Irrigation Area shall be entitled to receive the
average
irrigation requirement determined above, reduced by the percentage reduction
required by the current stage of rationing.
If the quantity of Recycled Water that is available is less than the
quantity of water that the Recycled Water Irrigation Area is entitled to,
Potable water shall be provided to make up the difference and satisfy the
irrigation requirements of the Recycled Water Irrigation Area to the same
degree that the irrigation requirements of non- Project Golf Course and open
space Users are being satisfied.
The
District shall ensure that the water provided during water rationing is of
adequate quality. If the quality does
not satisfy the contractual agreement operative before the Project Expansion is
deemed Completed (as the capitalized terms are defined in Rule 23.5), Potable
water shall be provided in sufficient quantities to
improve the quality of the Recycled reclaimed Wwater.
This Subsection L-9-a shall cease to be operative once the Project Expansion is deemed to be Completed (as the capitalized terms are defined in Rule 23.5), and shall thereafter be of no force or effect.
b. When Project Expansion Is Completed. Under the agreements operative once the Project Expansion is deemed Completed (as the capitalized terms are defined in Rule 23.5), the Owners of the Recycled Water Irrigation Areas shall have the respective irrigation requirements thereof satisfied to the same degree as any non-Project Golf Course or open space which derives its Source of Supply from the California American Water system. The irrigation requirements of the Recycled Water Irrigation Areas will be determined based on the most-recent non-rationed four-year average irrigation water demand, including both Recycled Water and Potable water, for each respective Recycled Water Irrigation Area.
Each Recycled Water Irrigation Area shall be entitled to receive the average irrigation requirement determined above, reduced by the percentage reduction required by the current stage of rationing. If the quantity of Recycled Water that is available is less than the quantity of water that the Recycled Water Irrigation Area is entitled to, Potable water shall be provided to make up the difference and satisfy the irrigation requirements of the Recycled Water Irrigation Areas to the same degree that the irrigation requirements of non-Project Golf Course and open space Users are being satisfied.
The
preceding sentence shall not apply to the extent that the irrigation
requirements of any Recycled Water Irrigation Area are met with water legally
available to Buyer from any source other than the Carmel River Ssystem
or the Seaside Groundwater Basin, including percolating Groundwater underlying
Buyer’s Property, to make up any such difference.
When Recycled Water (as defined in Rule 23.5) is available in sufficient quantities to satisfy the irrigation requirements of the Recycled Water Irrigation Areas, such irrigation shall not be subject to Stages 5 Water Rationing and higher, and neither Potable water nor any water described in the preceding sentence (whether or not it is Potable) shall be used for irrigation of the Recycled Water Irrigation Areas except to the extent allowed in the circumstances described in the next two sentences.
If there is an Interruption in Recycled Water deliveries to any Recycled Water Irrigation Area (as the capitalized terms are defined in Rule 23.5), the temporary use of Potable water for irrigating each such Recycled Water Irrigation Area is authorized in the manner described in Rule 23.5, Subsection F.
If MPWMD has adopted an ordinance in response to any emergency caused by drought, or other threatened or existing water shortage pursuant to section 332 of the Monterey Peninsula Water Management Law, said ordinance shall prevail over contrary provisions of this Rule. Notwithstanding the preceding sentence, Potable water shall be made available for irrigating tees and greens of the Recycled Water Irrigation Areas in sufficient quantities to maintain them in good health and condition during an Interruption, without any limitation on the duration.
The District shall have no obligation to furnish Potable water for irrigation of the Recycled Water Irrigation Areas except in the circumstances set forth above in this Subsection L-9-b.
If (1) an emergency or major disaster is declared by the President of the United States, or (2) a “state of war emergency,” “state of emergency,” or “local emergency,” as those terms are respectively defined in Government Code section 8558, has been duly proclaimed pursuant to the California Emergency Services Act, with respect to all or any portion of the territory of MPWMD, the provisions of this Subsection L-9-b shall yield as necessary to respond to the conditions giving rise to the declaration or proclamation.
This Subsection L-9-b
shall be of no force or effect until the Project Expansion is deemed Completed
(as the capitalized terms are defined in Rule 23.5), and shall thereafter be
operative and of full force and effect.
Section Ten: Amendment to Rule 166
Rule 166 shall
be amended as shown below, with added language as shown in bold italic type face,
and deleted language shown in strikeout type face.
RULE
166 - STAGE 6 WATER RATIONING
A. Stage 6 Water Rationing is
defined as the sixth stage in the District’s Expanded Water
Conservation and Standby Rationing Plan that responds to a drought situation or
other
threatened or existing emergency water supply shortage with a 35
percent reduction goal from system production limits. Reductions are achieved by water use cutbacks
by User Category and by per-capita
Wwater
Rrations
and a moratorium on Water Permits that utilize Water Credits.
B. TRIGGER Implementation
1. Water Supply Limitation Trigger
Stage 6 Water Rationing shall apply
to all Water Distribution Systems, private Wells, or Water Users whose
Source of Supply is derived
from the MPWRS unless proof is provided to
demonstrate a superior, unimpaired water right to exempt the Water Distribution
System, private Well, or Water User from Stage 6 rationing restrictions. Stage 6 Water Rationing shall become
effective on June 1 or such earlier date as may be set by the Board following the
District’s May Board meeting if total usable storage in the MPWRS on May 1 is
less than 15,615 Acre-Feet and greater than 9,610 Acre-Feet. If total usable storage is equal to or
greater than 27,807 Acre-Feet on May 1, no water rationing shall be imposed.
2. Emergency
Implementation
shall also occur following urgency action by Resolution of the Board of Directors
declaring that an emergency situation exists and immediate 35 percent
reductions in water use from a distribution systems production limit are
necessary to ensure public health, safety or
welfare.
C. SUNSET OF STAGE 6 WATER RATIONING Sunset
of Stage 6 Water Rationing
1. Water Supply Availability
Stage 6
Water Rationing shall continue to have force and
effect until rescinded by Resolution of the Board of Directors upon a
determination that the total usable storage in the MPWRS is greater than 15,615
Acre-Feet. This determination will
normally be made at the Board’s May meeting.
However, a determination to rescind Stage 6 Water Rationing as early as
the following January Board meeting can be made if the total usable storage in
the MPWRS is equal to or greater than 27,807 Acre-Feet on January 1.
2. In the event total usable storage is
greater than 27,807 Acre-Feet, the General Manager shall review California American Water’s
year-to-date production. Upon compliance
with the monthly year-to-date goals specified in Table XV-1 of Rule 162 and, unless otherwise
specified in the Resolution rescinding Stage 6 Water Rationing, Water Users
shall revert to Stage 1 Water
Conservation. If California American Water’s
year-to-date production exceeds the year-to-date goal specified in Table XV-1 of Rule 162, California American Water
Users shall revert to Stage 2 or Stage 3 Water
Conservation.
3. Emergency
Upon correction of a water supply
limitation caused by an emergency, Stage 6 Water Rationing shall be rescinded
by Resolution of the Board of Directors.
D. AFFECTED WATER USERS Affected
Water Users
Stage 6 Water Rationing shall apply
to all Water Users within the Monterey Peninsula Water Resource System unless
specifically exempt by action of the Board of Directors. As necessary to ensure adequate water
supplies, the Board of Directors may act within its discretion
to authorize activation of Stage 6 Water Rationing
within one or more Water Distribution Systems in the District.
E. Requirements imposed by implementation
of the Expanded Water Conservation and Standby Rationing Plan through Stage 5 Water Rationing shall
remain in force. Requirements may be
modified or superseded by actions taken in this or future stages of the
Expanded Water Conservation and Standby Rationing Plan.
F. MORATORIUM Moratorium
On October 1 One hundred and twenty (120)
days following implementation declaration of Stage 6
Water Rationing, the District shall suspend the issuance acceptance
of all Water Permits applications that utilize a public or private Water Use Credit. All pending Water Permits not issued within
120 days of application [s4] shall be
suspended.
G. REDUCTION GOAL Reduction Goal
Stage 6 Water Rationing achieves
water use reductions of 35 percent of the California American Water and
non-California American Water
system production limits in each User Category as
follows: Residential single-family and
multi-family, Commercial/Industrial, Public Authority, Golf Course, “Other,”
Non-Revenue Metered Uses, and Reclaimed Water Users.
H. NOTICE Notice
1. California American Water
shall provide written notice of mandatory water rationing to every residence
and to every Non-Residential business or Water User within the California American Water
system via first-class mail at least thirty (30) days before the first day of
rationing.
Further, California American Water
shall send monthly reminders of water rationing in the water bill along with
information showing the User’s Wwater Rration,
and the quantity of the Wwater Rration consumed by
the Responsible Party, and
the quantity of water available in the User’s Water Bank. Finally, California American Water
shall provide each Responsible Party with a survey form update
survey information upon request.
2. All other Water Distribution System
Operators affected by Stage 6 Water Rationing shall provide written notice of
mandatory water rationing to every residence and to every Non-Residential
business or Water User within the Water
Distribution System via first-class mail at least thirty (30) days before the
first day of rationing.
Further, the Water Ddistribution Ssystem Ooperator shall
send monthly reminders of water rationing in the water bill along with
information showing the Wwater Rration and the
quantity of the Wwater Rration consumed by the
Water User the Responsible Party. Finally, the Water
Distribution System Operator shall provide each Responsible Party with a survey
form at least once each calendar year.
Water Distribution System Operators shall ensure that notices provided
or required by the District shall be distributed to the system Water Users.
3. The District shall notify contact all
Water Users of private Wells (Single-Parcel Connection Systems) not
supplying water to a distribution system within the MPWRS at least thirty (30)
days before the first day of Stage 6 Water Rationing. Notice Contact shall be via
first class mail and shall explain the requirements for restrictions
placed on the use of private Wells during Stage 6 Water Rationing and shall
provide and/or request additional information from the private Well Owner as
deemed necessary for the efficient operation of the rationing program.
4. CALIFORNIA
AMERICAN WATER RATIONING RATES: California American Water shall implement the
CPUC-approved rationing rate schedule to respond to Stage 6 water reduction
requirements. California American Water
shall file an Advice Letter with the CPUC to implement rationing rates after it
has first met and conferred with the District at least five days in advance of
that filing. The General Manager may
waive this time period for good cause.
5. California American Water and all other
Water Distribution System Operators and the District shall notify Water Users
of the Sunset of Stage 6 Water Rationing.
I. RATIONS BY CATEGORY Rations by
Category
Water Rrations
shall be determined by User Category. Each Water User within the
Monterey Peninsula Water Resource System shall be classified in one of the
following groups: Residential single-family and
multi-family, Commercial/Industrial, Public Authority, Golf Course, “Other,”
Non-Revenue Metered Use, and Reclaimed Water Users.
J. REDUCED CALIFORNIA AMERICAN WATER ANNUAL
PRODUCTION DURING STAGE 6 WATER RATIONING Reduced Annual California
American Water Annual Production During Stage 6 Water Rationing
The California American Water
annual production limit shall be reduced by 35 percent during Stage 6 Water
Rationing. The resulting production
limit shall be further reduced by a water rationing contingency
determined by the Board. Seven (7)
percent of the remainder shall be the maximum California American Water
Unaccounted For Water Use ration. The remaining
water shall be the California American Water
annual production limit for all User Categories.
K. NON-CALIFORNIA AMERICAN WATER ANNUAL
PRODUCTION LIMITS DURING STAGE 6 WATER RATIONING Non-California
American Water Annual Production Limits During Stage 6 Water Rationing
Available production for other Water
Distribution Systems subject to Stage 6 Water Rationing shall be determined
using the same methodology as for California American Water
without including a deduction for Unaccounted For Water Uses. The non-California American Water
annual production limit for the Monterey Peninsula Water Resource System shall
be used as the maximum production limit.
L. ESTABLISHING RATIONS Establishing
the Rations
Rations for each User Category shall be
determined by the General Manager by dividing
the reduced available production by the percentage of use and by taking into
consideration Residential water needs to ensure health, safety and
welfare. The percentage of use for each
User Group Category shall be determined by the most recent unrationed reporting Water
Yyear
(July October 1 through September June 30) data provided by California American Water for
Water Users of that portion of California American Water
that derives water from the MPWRS, and by data provided
by the District from its annual Well
reporting program for non-California American Water
Distribution Systems.
All Water Users shall be rationed by
User Category as outlined in
Rule 165 (Stage 5 Water Rationing).
M. The Board shall consider adopting
restrictions on Non-Residential outdoor water use that may include any or all of the
following: Limit outdoor watering to one
day per week, one day every other week, or prohibit outdoor irrigation with water
from the affected water resource system(s); prohibit irrigation of non-turf
areas with water from the affected water resource system(s); reduce Golf Course irrigation from
the affected Water Distribution System(s)
to a percentage of the amount required to water tees, greens and landing areas
only. The use of Reclaimed Recycled
Water, when available, shall not be restricted by this requirement.
N. Elimination or modification of commercial/industrial
variances for Best Management Practices
The General Manager shall be
authorized to require a percentage reduction of all commercial/industrial Water
Users granted a variance for complying with BMPs for the type of use. The amount of the percentage reduction shall
be determined by the General Manager following review of the success of
commercial/industrial rationing during Stage 5 Water Rationing prior
to Stage 6 Water Rationing.
O. All Water Users shall cease operation
and maintenance of all ornamental water uses (fountains, ponds, etc.) that use
water from the affected water supply system(s).
Ornamental water uses supplied with water from other sources shall
clearly display information about the source of water on or immediately
adjacent to the use;
P. PROHIBITION ON USE OF WATER FOR DUST CONTROL
Prohibition on Use of Water for Dust Control
The use of water from the Monterey Peninsula Water
Resource System shall be prohibited for dust control purposes, except by prior
approval of the General Manager.
Decisions of the General Manager shall be final.
Section Eleven: Amendment to Rule 167
Rule 167 shall
be amended as shown below, with added language as shown in bold italic type face,
and deleted language shown in strikeout type face.
RULE
167 - STAGE
7 WATER RATIONING
A. Stage 7
Water Rationing is defined as the seventh stage in the District’s Expanded Water
Conservation and Standby Rationing Plan that responds to a drought situation or
other
threatened or existing emergency water supply shortage with a 50
percent reduction goal from system production limits. Reductions are achieved by water use cutbacks
by User Category and by
per-capita Wwater Rrations and a moratorium on
Water Permits that utilize Water Credits.
B. TRIGGER Implementation
1. Water Supply Limitation Trigger
Stage 7 Water Rationing shall apply
to all Water Distribution Systems, private Wells, or Water Users whose
Source of Supply is derived
from the MPWRS unless proof is provided to
demonstrate a superior, unimpaired water right to exempt the Water Distribution
System, private Well, or Water User from the Stage 7 rationing restrictions. Stage 7 Water Rationing shall become
effective on June 1 or such earlier date as may be set by the Board
following the District’s May Board meeting if total usable storage in the MPWRS
on May 1 is less than 9,610 Acre-Feet.
If total usable storage is equal to or greater than 27,807 Acre-Feet on
May 1, no water rationing shall be imposed.
2. Emergency
Implementation
shall also occur following urgency action by Resolution of the Board of Directors declaring
that an emergency situation exists and immediate 50 percent reductions in water
use from a distribution system’s production limit are necessary to ensure public health, safety or
welfare.
C. SUNSET OF STAGE 7 WATER RATIONING Sunset
of Stage 7 Water Rationing
1. Water Supply Availability
Stage 7 Water Rationing shall continue to have force and
effect until rescinded by Resolution of the Board of Directors upon a
determination that the total usable storage in the MPWRS is greater than 9,610
Acre-Feet. This determination will
normally be made at the Board’s May meeting.
However, a determination to rescind Stage 7 Water Rationing as early as
the following January Board meeting can be made if the total usable storage in
the MPWRS is equal to or greater than 27,807 Acre-Feet on January 1.
2. In the event total usable storage is
greater than 27,807 Acre-Feet, the General Manager shall review California American Water’s
year-to-date production. Upon compliance
with the monthly year-to-date goals specified in Table XV-1 of Rule 162 and, unless otherwise
specified in the Resolution rescinding Stage 7 Water Rationing, Water Users
shall revert to Stage 1 Water
Conservation. If California American Water’s
year-to-date production exceeds the year-to-date goal specified in Table XV-1 of Rule 162, California American Water
Users shall revert to Stage 2 or Stage 3 Water
Conservation.
3. Emergency
Upon correction of a water supply
limitation caused by an emergency, Stage 7 Water Rationing shall be rescinded
by Resolution of the Board of Directors.
D. AFFECTED WATER USERS Affected
Water Users
Stage 7
Water Rationing shall apply to all Water Users within the Monterey Peninsula
Water Resource System unless specifically exempt by action of the
Board of Directors. As necessary
to ensure adequate water supplies, the Board of Directors may act within its
discretion to authorize activation of Stage 7 Water Rationing within one or
more Water Distribution Systems in the District.
E. Requirements imposed by implementation
of the Expanded Water Conservation and Standby Rationing Plan through Stage 6 Water Rationing shall
remain in force. Requirements may be modified or superseded
by actions taken in this or future stages of the Expanded Water Conservation
and Standby Rationing Plan.
F. REDUCTION GOAL Reduction Goal
Stage 7 Water Rationing achieves
water use reductions of 50 percent of the California American Water and
non-California American Water
system production limits in each User Category as
follows: Residential single-family and
multi-family, Commercial/Industrial, Public Authority, Golf Course, “Other,”
Non-Revenue Metered Uses, and Reclaimed Water Users.
G. NOTICE Notice
1. California American Water
shall provide written notice of mandatory water rationing to every residence
and to every Non-Residential business or Water User within the California American Water
system via first-class mail at least thirty (30) days before the first day of
rationing.
Further, California American Water
shall send monthly reminders of water rationing in the water bill along with
information showing the User’s Wwater Rration,
and the quantity of the Wwater Rration consumed by
the Responsible Party, and
the quantity of water available in the User’s Water Bank. Finally, California American Water
shall provide each Responsible Party with a survey form update
survey information upon request.
2. All other Water Distribution System
Operators affected by Stage 7 Water Rationing shall provide written notice of
mandatory water rationing to every residence and to every Non-Residential
business or Water User within the Water
Distribution System via first-class mail at least thirty (30) days before the
first day of rationing.
Further, the Water Ddistribution Ssystem
Ooperator shall
send monthly reminders of water rationing in the water bill along with
information showing the Wwater Rration and the
quantity of the Wwater Rration consumed by the Water
User Responsible Party.
Finally, the Water Distribution System
Operator shall provide each Responsible Party with a survey form at least once
each calendar year. Water Distribution
System Operators shall ensure that notices provided or required by the District
shall be distributed to the system Water Users.
3. The District shall notify contact all
Water Users of private Wells (Single-Parcel Connection Systems) not
supplying water to a distribution system within the MPWRS at least thirty (30)
days before the first day of Stage 7 Water Rationing. Contact Notice shall be via first
class mail and shall explain the requirements for restrictions
placed on the use of private Wells during Stage 7 Water Rationing and shall
provide and/or request additional information from the private Well Owner as
deemed necessary for the efficient operation of the rationing program.
4. CALIFORNIA
AMERICAN WATER RATIONING RATES: California American Water shall implement the
CPUC-approved rationing rate schedule to respond to Stage 7 water reduction
requirements. California American Water
shall file an Advice Letter with the CPUC to implement rationing rates after it
has first met and conferred with the District at least five days in advance of
that filing. The General Manager may
waive this time period for good cause.
5. California American Water and all other
Water Distribution System Operators and the District shall notify Water Users
of the Sunset of Stage 7 Water Rationing.
H. RATIONS BY CATEGORY Rations by
Category
Water Rrations
shall be determined by User Category. Each Water User within the
Monterey Peninsula Water Resource System shall be classified in one of the
following groups: Residential single-family and
multi-family, Commercial/Industrial, Public Authority, Golf Course, “Other,”
Non-Revenue Metered Use, and Reclaimed Water Users.
I. REDUCED CALIFORNIA
AMERICAN WATER ANNUAL PRODUCTION DURING STAGE 7 WATER RATIONING Reduced
Annual California
American Water Annual Production During Stage 7 Water Rationing
The California American Water
annual production limit shall be reduced by 50 percent during Stage 7 Water
Rationing. The resulting production
limit shall be further reduced by a water rationing contingency
determined by the Board. Seven (7)
percent of the remainder shall be the maximum California American Water
Unaccounted For Water Use ration. The
remaining water shall be the California American Water
annual production limit for all User Categories.
J. NON-CALIFORNIA
AMERICAN WATER ANNUAL PRODUCTION LIMITS DURING STAGE 7 WATER RATIONING Non-California
American Water Annual Production Limits During Stage 7 Water Rationing
Available production for other Water
Distribution Systems subject to Stage 7 Water Rationing shall be determined
using the same methodology as for California American Water
without including a deduction for Unaccounted For Water Uses. The non-California American Water
annual production limit for the Monterey Peninsula Water Resource System shall
be used as the maximum production limit.
K. ESTABLISHING RATIONS Establishing
the Rations
Rations for each User Category shall
be determined by the General Manager by dividing
the reduced available production by the percentage of use and by taking into
consideration Residential water needs to ensure health, safety and
welfare. The percentage of use for each
User Group Category shall be determined by the most recent unrationed reporting Water
Yyear (July October 1 through June
September
30) data provided by California American Water for
Water Users of the California American Water
Distribution System that derives water from the MPWRS, and by data provided
by the District from its annual Well reporting program for
non-California American Water
Distribution Systems.
All Water
Users shall be rationed by User Category as outlined in Rule 165 (Stage 5 Water Rationing).
L. The Board shall reconsider
adopting restrictions on Non-Residential outdoor water use that may include any or all of the
following not adopted during Stage 6 Water Rationing: Limit outdoor watering to one day per week,
one day every other week, or prohibit outdoor irrigation with water from the
affected water resource system(s); prohibit irrigation of non-turf areas with
water from the affected water resource system(s); reduce Golf Course irrigation from
the affected Water Distribution System(s)
to a percentage of the amount required to water tees, greens and landing areas
only. The use of Reclaimed Recycled
Water, when available, shall not be restricted by this requirement.
M. ELIMINATION OR MODIFICATION OF
COMMERCIAL/INDUSTRIAL VARIANCES FOR BEST
MANAGEMENT PRACTICES Elimination or Modification of
Commercial/Industrial Variances for Best Management
Practices
The General Manager shall be
authorized to require a percentage reduction of all commercial/industrial Water
Users granted a variance for complying with BMPs for the type of use. The amount of the percentage reduction shall
be determined by the General Manager following
review of the success of commercial/industrial rationing during Stage 6 Water Rationing prior
to Stage 7 Water Rationing.
N. PROHIBITION ON THE USE OF PORTABLE WATER
METERS AND HYDRANT METERS Prohibition on the Use of Portable Water
Meters and Hydrant Meters
Water Users utilizing portable water meters or
hydrant meters shall be required to cease use of water from the affected water
supply system(s). Each Water User reporting as “Other”
by the distribution system shall be notified by the Water Ddistribution
Ssystem
Operator of this requirement. Portable water meters shall be returned to
the water company at least 30 days before the implementation of Stage 7 Water
Rationing.
Section Twelve: Amendment to Rule 168
Rule 168 shall
be amended as shown below, with added language as shown in bold italic type face,
and deleted language shown in strikeout type face.
RULE
168 - WATER BANKS
A. Water Banks shall be available to each Water User during Stages 5
through 7 Water Rationing. A Water Bank shall allow each
Water User to accrue the unused portion of a monthly Water Rration
for use in the current calendar Rationing Yyear.
B. Water Banks shall be reset to zero on January
1 the first day of each Rationing Yyear. Ten (10) percent of the remaining Water Bank on
December 31 shall be credited to the following year’s Water Bank for three
months to allow the establishment of a new bank.
C. On April 1, each The Water
Bank shall be reduced on the first day of the fourth month
of the Rationing Year by the amount of banked water carried over on
January 1. Water Banks may not carry less than a
zero a negative balance.
Section Thirteen: Amendment to Rule 169
Rule 169 shall
be amended as shown below, with added language as shown in bold italic type face,
and deleted language shown in strikeout type face.
RULE
169 - WATER RATIONING VARIANCE
A. The General Manager shall assign
additional water beyond the Water Rration
established in Stage 4 Water Rationing
through Stage 7 Water Rationing in the following circumstances upon submittal
of the appropriate variance request form and fees.
B. The following variances shall be
considered for additional water during Stages 4 through 7 Water Rationing.
1. Medical and/or sanitation needs
certified by a doctor;
2. Hospital and/or health care facilities
that have achieved all Best Management Practices for
those uses;
3. Drinking water for large livestock;
4. Commercial/Industrial Uusers
that can demonstrate compliance with all BMPs appropriate for the type of use
and where there is minimal exterior water use on the water meter or water
supply serving the use;
5. Leaks, when an invoice is provided by a
licensed plumber or contractor;
6. Commercial laundromats with signs
advising full loads only;
7. Business in a home on a case-by-case
basis;
8. Riparian irrigation when required as a
condition of a riverbank restoration Permit issued by the District or as a condition of
a riverbank erosion protection Permit issued by the District.
9. Emergency, extreme, or unusual
situations on a case-by-case basis;
C. NO VARIANCE No
Variance
The
following categories of water use shall not qualify for special consideration
under the provisions of this Rregulation:
1. Visitors other than those occupying
Short-Term Residential Housing as defined in Rule 11 (Definitions) when the
property owner has submitted a completed survey form with
the applicable information about the occupancy of the Site;
2. Irrigation, other than variances
allowed by Rule 169-B-8 of this Rregulation.
3. Filling spas, ponds, fountains, etc.;
4. Long-term leaks that are not repaired
after reasonable notice.
D. WAIVER OF WATER WASTE FINES BY VARIANCE
APPLICATION Waiver of Excess Fees by Variance Application
Any qualifying Water Uuser may seek to have all or part
of the Water Waste fee fine for excess water use waived or
forgiven through the Rationing Variance process set forth in this Rule. Any Water User may seek relief from the Water Waste fee fine
upon substantial evidence that the excess water use was beyond the User’s
control, and was not reasonably correctable in a timely fashion due to special
and unique circumstances. Due diligence
must be shown to forgive any Water Waste caused by a leak; under no
circumstance shall a leak justify the forgiveness of an excess use
fee Water Waste fine for more than three billing
periods. The Applicant shall further
demonstrate that all reasonable means have been taken to conserve water and
minimize future water use.
1. The General Manager or his agent
may grant any application to waive Water Waste fees fines upon submittal of
the appropriate evidence to warrant a variance.
All Applicants for variance shall submit the appropriate Variance
Request Form and processing fee. Any
action to waive a Water Waste fees fines shall be recorded
in writing and include a written explanation to substantiate and justify the
waiver;
2. Although inspections shall not be
required in all cases, District staff shall use spot
or random inspections as necessary to verify an Applicant’s eligibility for a
water rationing variance.
3. Each Person making written application for a variance shall be notified in writing of the disposition of their application. Decisions of the General Manager are final.
4. Rule
169-D shall be deleted in its entirety upon the effective date of Ordinance No.
133, amending the District’s Regulation XI, Enforcement.
Section Fourteen: Amendment to Rule 170
Rule 170 shall
be amended as shown below, with added language as shown in bold italic type face,
and deleted language shown in strikeout type face.
RULE
170 - WATER USE
SURVEY
A. STAGE 1 WATER CONSERVATION SURVEY Stage 1
Water Conservation Survey
1. California American Water
shall conduct maintain a confidential survey of
all Water Users of the California American Water
system that derive their Source of Supply from the MPWRS. This survey shall be required upon the
effective date of this regulation. The survey shall request information to
determine the number of Permanent Residents in each Dwelling Unit and the lot
size of each Residential Site with permitted water service; the types of uses
and amount of water use on Non-Residential Sites; and the number of Users and
types of use(s) served by each water meter.
Only information deemed appropriate for the effective operation of this
program will be requested.
2. California
American Water shall conduct the survey within 45 days of the effective date of
Stage 1 Water Conservation. Survey
forms shall be completed by the Responsible Party and
returned to California American Water
within 30 days of mailing. The District shall have visual
access to this data during Stages 1 through 3 Water Conservation and shall be
provided with a summary of the results of the survey by census tract annually
within 105 days of the effective date of Stage 1 Water Conservation. California American Water
shall maintain survey information by census tract and shall provide
unrestricted access to individual water use records when the District is
actively investigating a variance, appeal or other rationing conservation
program action.
B. STAGE 4 WATER RATIONING SURVEY Stage 4
Water Rationing Survey
1. The General Manager shall conduct
a survey of MPWRS Water Users not supplied by deriving their Source of
Supply from California American Water
prior to the effective date of Stage 5 Water Rationing. The
survey shall request information to determine the number of Permanent Residents
in each Dwelling Unit and the lot
size of each Residential Site with permitted water use; the types of uses and
amount of water use on Non-Residential Sites; and the number of Users and types
of use(s) served by each water meter or Connection. Only information deemed appropriate for the
effective operation of this program will be requested.
2. The District shall mail the survey form
to MPWRS
Water Users not supplied water by California American Water.
Survey forms shall be completed by the Responsible Party and returned to the
District within 30 days of mailing. The
District shall preserve the confidentiality of this survey data.
C. ADMINISTRATION OF SURVEY DATA Administration
of Survey Data
1. California American Water
Users
California American Water
shall maintain survey data for all MPWRS Water Users supplied water by California American Water and
shall provide the District with access to all data. California American Water
shall provide the District with an annual summary of survey information, or
more frequently as required by the General Manager. California American Water and
MPWMD shall preserve the confidentiality of survey data.
2. Non-California
American Water Users
During Stage 5 Water Rationing
through Stage 7 Water Rationing, the District shall maintain survey data for
all MPWRS
Water Users not supplied water from non-by California American Water sources
subject to those stages.
3. A full or partial survey may be conducted as deemed
necessary by the District to maintain accurate data.
4. District staff shall maintain the
confidentiality of California
American Water and non-California
American Water Residential all customer survey data. Violations of this provision shall be
enforced as a misdemeanor under District law.
D. REPORTING Reporting
1. Responsibility of Water User
a. Each Responsible Party shall be
responsible for accurately reporting the number of Permanent Residents in the Dwelling Unit(s)
or Units or other information deemed appropriate for the effective
operation of the program as requested on the survey form.
b. Upon activation of a water meter, each
Responsible Party shall complete a survey form.
i. California American Water Users. The completed survey form shall be submitted to California American Water by customers of that distribution system.
ii. Non-California American Water Users. The
completed survey form shall be submitted to the District or its agent by all
other distribution systems Users required to complete a survey form during
Stage 5 Water Rationing through Stage 7 Water Rationing.
c. All Responsible Parties shall submit
revised survey forms whenever there is a change in the number of Permanent
Residents in a Residential Dwelling Unit or whenever there is a change in a water User Category in
Non-Residential uses. Revised survey
forms should be submitted to the appropriate party as indicated in Rule
170-D-1-b.
d. Property owners of Short-Term
Residential Housing rentals shall provide information about the average number
of annual occupants and the average rate of occupancy to the appropriate party
as indicated in Rule 170-D-1-b.
5.2. Intentional
Misrepresentation Violation
Any
Water User intentionally over-reporting the number of Permanent Residents in a
Dwelling Unit or other information pertinent to establishing a wWater Rration
during Stages 4,
5, 6 and 7 Water Rationing may be charged with a
misdemeanor punishable as an infraction as provided by Section 256 of the Monterey Peninsula Water Management District
Law, Statutes of 1981, Chapter 986.
Violations carry a maximum penalty of up to $250 for each offense. Each separate day or portion thereof during
which any violation occurs or continues without a good-faith effort by the
responsible Water User to correct the violation, may be deemed to constitute a
separate offense, and upon conviction thereof, may be separately punishable.
Alternatively, the District may pursue any
remedy set forth in Regulation XI, Enforcement, to address the intentional
over-reporting of the number of Permanent Residents in a Dwelling Unit or other
information pertinent to establishing a Water Ration during Stages 5, 6 and 7
Water Rationing.
3. Additional Enforcement Penalties
for Misreporting
In addition to any charge for
misrepresenting information as provided in Rule 170-D-2, any or all of the
following may be further imposed by the General Manager or his agent during
Stages 4, 5, 6 and
7 Water Rationing where the violation occurs and continues without a
good-faith effort by the responsible Water User to correct the
violation. Decisions pursuant to this
rule are appealable under Rule 70 (Appeals) pursuant to Regulation XI.
a. Intentional misrepresentation may be
considered a violation of the Water Waste provisions and
shall subject the Water User to a fee for Water
Waste fine; and/or
b. Intentional misrepresentation may cause
the loss of any Water Bank accrued and shall cause the Responsible Party to be
ineligible to accrue a Water Bank for a period of sixty (60) months; and/or
c. Intentional misrepresentation may cause
the assignment of a reduced wWater Rration that
may be as low as a ration for one person for a period of twelve
(12) months following implementation of Stages 4, 5, 6 or 7 Water Rationing.
Alternatively,
the
District may pursue any remedy set forth in Regulation XI, Enforcement, to
address the intentional over-reporting
of the number of Permanent Residents in a Dwelling Unit or other
information pertinent to establishing a Water Ration during Stages 5, 6 and 7
Water Rationing
4. Audit
The District may periodically
audit the survey data for accuracy. Upon
question, the District may request additional evidence of residency to
demonstrate the number of Permanent Residents at that Site as defined in Rule
11 (Definitions).
Section Fifteen: Amendment to Rule 171
Rule 171 shall
be amended as shown below, with added language as shown in bold italic type face,
and deleted language shown in strikeout type face.
RULE
171 - WATER
WASTE FEES AND NON-ESSENTIAL WATER
USE ENFORCEMENT
A. Each occurrence of Water Waste or Non-Essential Water Use, as
those terms are defined by Rule No. 11 (Definitions), which continues after the
Water User has had reasonable notice to cease
and desist that type of water use shall constitute a Flagrant Violation.
B. A $50 fee per day or portion thereof
shall be assessed for each Flagrant Violation of Water Waste or Non-Essential
Water Use. The fee shall accumulate
daily until the occurrence is corrected.
C. A $150 fee per day or portion thereof
shall be imposed for each subsequent occurrence (including multiple
occurrences) of Water Waste or Non-Essential Water Use which occurs within 18
months of the first occurrence. The fee
shall accumulate daily until the occurrence is corrected.
D. All fees shall be paid within 30 days.
E. Within the 30 day period, a Water User may seek
waiver or forgiveness of all or part of the Water Waste fees on the basis of
hardship. The Water User must provide
the District
with a written explanation as to why the fees should not be collected. Staff shall be authorized to determine
whether or not fees should be waived in full or in part, with the final
decision resting with the General
Manager.
F. After 30 days, fees which have not been
paid or waived may result in a lien being placed on the property served by the
water account.
GB. Repeated occurrences or Water Waste or
Non-Essential Water Use, which continue or occur after the
Water User has had a reasonable notice to cease and desist that type of water
use, or which continues or occurs after the Water User has had a reasonable
opportunity to cure any defect causing that type of water use, shall provide
cause for the placement of a Flow Restrictor within the water line or water
meter.
C.
Water Waste, Non-Essential Water Use, and
Flagrant Violation fine enforcement shall be governed by Regulation XI unless
otherwise indicated.
H.
Decisions pursuant to this rule are appealable
under Rule 70 (Appeals).
Section Sixteen: Amendment to Rule 172
Rule 172 shall
be amended as shown below, with added language as shown in bold italic type face,
and deleted language shown in strikeout type face.
RULE
172 – LANDSCAPE WATER AUDITS
A. Landscape Water Audits shall be
conducted under the supervision of an individual who has been certified by the
Irrigation Association to conduct audits and establish Landscape Water
Budgets. Each audit shall be signed by
that Person, who shall attest that the audit was performed under his/her
direction.
B. Landscape Water Audits and Landscape
Water Budgets shall be offered by the District and/or California American Water or
their agent free of charge to all Water Users of California American Water
with Dedicated Irrigation Meters, large irrigated areas over three acres, and
Large Residential Water Users. Water use
records shall be reviewed annually by California American Water to identify new Water Users required to
establish a Landscape Water Budget by this Rrule. California American Water
shall provide the District with copies of all completed Landscape Water Audits
and Landscape Water Budgets.
1. California American Water
Users shall be required to obtain Landscape Water Audits and establish
Landscape Water Budgets if the property:
a. Has a Dedicated Irrigationed
Meter; or
b. Is an irrigated area of greater than
three acres; or
c. Is a Large Residential Water User.
2. All Landscape Water Budgets must be
prepared by an individual certified by the Irrigation Association.
3. All Water Users required to complete a
Landscape Water Audit and establish a Landscape Water Budget shall have the
option of obtaining a Landscape Water Audit and Landscape Water Budget from a
Landscape Irrigation Auditor of their choice at their own expense if the
auditor is certified by the Irrigation Association.
4. Landscape Water Audits not conducted by
the District and/or California American Water
shall be reported on a Landscape Water Budget
Application. Landscape Water Budget
Applications shall be submitted to California American Water. California American Water shall forward a
copy to the District within ten (10) days.
Landscape Water Audits not performed by the District or California American Water are
subject to review and acceptance by the District. Landscape Water Audits and Landscape Water
Budgets rejected by the District may be appealed to the Board of Directors pursuant
to Rule 70 (Appeals).
5. Landscape Irrigation Auditors shall
arrange On-Site visits to compile water records to review historic use, measure
irrigated Sites, identify plant materials by general groups, determine
irrigation water requirements, and estimate potential dollar and water
savings. Landscape Irrigation Auditors
shall also develop system testing strategies, check pressure and flow rates,
and conduct water application distribution tests. Data shall be collected to determine
irrigation uniformity and efficiency.
Soil samples shall be examined to determine soil types and root zone
depths. Landscape Irrigation Auditors shall observe system operations, locate
irrigation zones, prepare Site audit
maps and visually identify broken or misaligned equipment. All data from field
tests shall be summarized and this information used to generate monthly irrigation
base schedules. A copy of the Landscape
Water Budget Application shall be provided to the Water User. One copy of the Landscape Water Budget
Application shall be submitted to California American Water. California American Water shall forward a
copy to the District within ten (10) days.
5. Audit
a. An On-Site Landscape Irrigation Audit shall be
completed or overseen by a Certified Landscape Irrigation Auditor (CLIA) and
shall include evaluation and documentation of the following:
(1) Visual
and physical evaluation of Irrigation System.
(2) Description
of the type(s) of Irrigation System contained on the property.
(3) Location
of problems with Irrigation System which may be contributing to excessive water
use.
(4) Condition
and performance of the following:
Points of connection
Backflow devices(s)
Valves
Piping (to include mains and laterals)
Control system
Sprinklers/emitters
System coverage
(5) Landscaped
areas irrigated by each valve/zone/running station.
(6) Plant
materials, plant hydrozone compatibility, soil type, Irrigation System
operating pressure, irrigation water requirements, and efficiency for each zone
(7) Site map, photographs and or a detailed
zone description summary including: Zone
location, zone efficiency, sprinkler type and zone comments.
b. Upon
completion of an On-Site audit, the Irrigation System data shall be analyzed
and compiled into a usable, written report that shall include at least the
following:
(1) Calculation
and determination of Site Landscape Water Budget using the Irrigation
Association Water Requirement (WR) calculation, as follows:
WR = ETo x KL x A
DU x
Ewm x Cu
Where:
WR = Water
Requirement[1]
ETo = Reference
Evapotranspiration (inches per year)[2]
KL = Landscape Coefficient
A = Area
(square feet)
Cu = Conversion
Factor (convert to CCF = 1,200)
Ewm = Management
Efficiency[3]
DU = Distribution
Uniformity
(2) The budget shall include calculations for
each of the following hydrozones assuming they are present in the landscape.
·
Cool season turf (.8)
·
Warm season turf (.6)
·
All other vegetation (.5)
(3) Monthly irrigation schedule.
(4) Condition
and functionality of existing Irrigation System.
(5) Recommendations
for improvements to Landscape material and Irrigation System (to include
“Smart” irrigation technology and information about Rebates available).
(6) Estimate
of water and money savings potential, including cost estimates for recommended
improvements.
(7) Site
map and or a detailed zone description summary which identifies relevant
Irrigation System details, including valves/zones, and sprinkler/emitter types
for each zone.
The following minimum criteria
will be used to establish the hydrozone distribution uniformity:
|
Type of Zone |
Minimum Distribution
Uniformity (DU) |
|
Fixed Spray |
50% |
|
Rotor |
60% |
|
Stream Rotor |
60% |
|
Impact |
60% |
|
Micro Spray |
80% |
|
Drip - Standard |
80% |
|
Drip – Pressure Compensating |
80% |
|
Bubbler – Standard |
80% |
|
Bubbler – Pressure Compensating |
80% |
The
following Landscape Coefficients (species factors) shall be used:
|
Type of Vegetation |
Coefficient |
|
Cool Season Turf |
0.80 |
|
Warm Season Turf |
0.60 |
|
All Other Landscape
Vegetation |
0.50 |
6. California American Water
shall provide quarterly compliance monthly status notices to each Water User required to follow
a mandatory Landscape Water Budget.
C. MODIFICATIONS TO AUDITED LANDSCAPES Modifications
To Audited Landscapes
Following significant modification
to an existing audited landscape, a new Landscape Water Audit shall be
conducted to establish an appropriate
Landscape Water Budget. It shall be the
responsibility of the property owner to ensure that a
Landscape Water Audit is conducted within 60 days of any such change and to
submit a new Landscape Water Budget Application to California American Water.
D. REPORTING AND ANALYSIS Reporting
and Analysis.
California American Water
shall preserve water use records and budgets for Water Users subject to this Rule provision
of law for such time as the Expanded Water Conservation and Standby
Rationing Plan remains effective.
Updated Landscape Water Budgets shall supersede previous data. Monthly during Stages 2 and above,
California American Water shall notify the District of Users who have exceeded
their Landscape Water Budget. Quarterly, a report shall be compiled by California American Water and
provided to the District showing the account information and comparing the
Landscape Water Budget with actual consumption.
During Stages 2 and 3, California American Water shall provide the
District with monthly consumption reports for all customers with Landscape
Water Budgets.
E. LANDSCAPE IRRIGATION RESTRICTIONS IN THE CALIFORNIA
AMERICAN WATER SYSTEM THAT DERIVES ITS SOURCE OF SUPPLY FROM THE MPWRS. Landscape Irrigation Restrictions in the California
American Water system that derives its Source of Supply from the MPWRS.
Unless watering is by drip irrigation, through a
hand-held hose with a Positive Action Shut-Off
Nozzle, or performed by a professional gardener or landscaper, the following
schedule shall apply:
1. Odd Numbered Properties shall water
after 5 p.m. or before 9 a.m. on Saturdays and Wednesdays only. This schedule shall also apply to properties
located on the South or West side of the street in cities where no street
address is available.
2. Even Numbered Properties shall water
after 5 p.m. or before 9 a.m. on Sundays and Thursdays only. This schedule shall also apply to properties
located on the North or East side of the street in cities where no street
address is available.
Section Seventeen: Amendment to Rule 173
Rule 173 shall
be amended as shown below, with added language as shown in bold italic type face,
and deleted language shown in strikeout type face.
RULE
173 - REGULATION OF MOBILE WATER DISTRIBUTION SYSTEMS
A. No Person, Extractor, Owner or Operator shall operate a
Mobile Water Distribution System without first securing a written Permit from the District. In accordance with Monterey County Code
(e.g., Title 15.20), no applications will be accepted or permitted for bulk
hauled water for permanent Potable use.
Applications for establishment of a Mobile Water Distribution System
shall be made pursuant to Rule 22 (Action On Application For Permit To Create/Establish A Water
Distribution System) and shall be investigated, considered, determined, and
acted upon on the same terms and conditions as provided for the approval,
conditional approval or denial of a creation establishment Permit as stated in
that rule. The application shall
identify each Source of Supply and the
location of each use. For any
Sub-potable Mobile Water Distribution System within the California-American Water Company
Service Area, a condition of
approval shall require that California American Water be
notified so that a back-flow protection device can be installed pursuant to
Monterey County Code.
B. In the event prior authorization is not
obtained by reason of an emergency or health related situation, authorization
for the Mobile Water Distribution
System Permit shall be sought from the District by submittal of a complete
application compliant with Rule 21, within five working days following
commencement of the emergency or health related event.
C. Delivery
and/or receipt of water from an unpermitted Mobile Water Distribution System
shall be deemed Water Waste, and shall be
subject to fine, restriction, and cease and desist order as set forth in Rule
171 and
Regulation XI.
Section Eighteen: Amendment to Rule 174
Rule 174 shall
be amended as shown below, with added language as shown in bold italic type face,
and deleted language shown in strikeout type face.
RULE
174 - REGULATION OF WELL OWNERS OR OPERATORS AND EXTRACTORS
A. During a Water Supply Emergency, each Owner or Operator or Extractor of a private water Well, Water Distribution System,
or other Water-Gathering Facility
shall comply with the provisions of this Rregulation, as they relate to
such Well, Water Distribution System or other Water-Gathering Facility unless
specifically exempt by action of the Board of Directors.
Section Nineteen: Amendment to Rule 175
Rule 175 shall
be amended as shown below, with added language as shown in bold italic type face,
and deleted language shown in strikeout type face.
RULE
175 - WATER RATIONING ENFORCEMENT
A. ENFORCEMENT DURING STAGES 5 THROUGH 7 WATER
RATIONING Enforcement During Stages 4 through 7 Water Rationing
For
this Rule, the administrative fines for Stages 5 through 7 water rationing set
forth in the tables below and referenced in this Rule shall control and be
amended from time to time by Resolution duly adopted by the MPWMD Board of
Directors.
Violation
levels shall be based upon violation history for the preceding 12 months and
the rationing condition stage.
STAGE 5
|
Meter Size |
1st Offense |
2nd Offense |
3rd Offense |
4th Offense |
|
1” and Less |
Courtesy Notice |
$20 |
$40 |
$40 |
|
>1” to 2” |
Courtesy Notice |
$40 |
$80 |
$80 |
|
> 2” |
Courtesy Notice |
$80 |
$160 |
$160 |
STAGE 6
|
Meter Size |
1st Offense |
2nd Offense |
3rd Offense |
4th Offense |
|
1” and Less |
Courtesy Notice |
$25 |
$50 |
$50 |
|
>1” to 2” |
Courtesy Notice |
$50 |
$100 |
$100 |
|
> 2” |
Courtesy Notice |
$100 |
$200 |
$200 |
STAGE 7
|
Meter Size |
1st Offense |
2nd Offense |
3rd Offense |
4th Offense |
|
1” and Less |
Courtesy Notice |
$50 |
$100 |
$100 |
|
>1” to 2” |
Courtesy Notice |
$100 |
$200 |
$200 |
|
> 2” |
Courtesy Notice |
$200 |
$400 |
$400 |
1. Courtesy Notice
For the first instance of excess
water use beyond the Water Rration in Stages 4 5
through 7 Water Rationing, a Water User shall be given written notice by the
water system Operator of the excess use
and shall be notified that such violation constitutes Water Waste and a Water Waste
fee fine of $50 per day shall be collected in the event the
Water User again exceeds that User’s Wwater Rration
during any future billing cycle under Stages 4 5 through 7 Water Rationing. If the Water User complies with all water
rationing and Water Waste and Non-Essential Water Use
requirements during the next month following the first instance of excess use,
the excess use fee fine shall be deferred.
If the Water User again exceeds that User’s Wwater Rration
during any following month, the Water Waste fee fine of $50 per day shall
be imposed immediately and shall accumulate daily until the occurrence is
corrected.
2. Second Offense
Upon the second occurrence of excess
water use (including any prior excess water use during any prior stage) within
a 12-month period, a Water User shall be charged with Water Waste and
assessed a fee fine of
$150 per day for the second offense, plus the previously deferred fine
$50 first offense fee, by the District or its agent. The $150 fee shall accumulate daily until
the occurrence is corrected. For example, if a 1” or smaller meter had a
second offense within a 12-month period during Stage 5, a fine of $20 plus the
previously deferred fine of the same amount would be assessed. If the second offense occurred in Stage 6 and
the first offense in Stage 5, the 2nd offense fine would be $25 and
the previously deferred fine would be $20.
3. Third Offense
A third
occurrence of excess water use (including any prior excess water use during any
prior stage) within a 12-month period shall result in fines listed for a third offense
an excess water use charge equivalent to the California
American Water per unit water charge at the Water
User’s level of use multiplied by the number of units over a water ration, plus
$150 per day as provided in Rule 171 (Water Waste Fees). A third occurrence of excess water use shall
provide cause for the installation of a Flow Restrictor in the water meter or
water supply providing water to the property where the over-use occurred. Restrictors shall remain in place until
conditions are reduced to Stage 2 Water Conservation or
a less restrictive stage. All costs for
the installation and removal of a Flow Restrictor shall be charged to the
property owner of the Site subjected to this
action.
4. Fourth Offense
A fourth occurrence of water use in
excess of the water ration shall result in fees fines and charges listed
for a third offense and shall result in the installation of a Flow Restrictor
by the system Operator in the water meter or water supply providing water to
the property where the over-use occurred.
Restrictors shall remain in place until conditions are reduced to Stage 3 Water Cconservation
or to a less restrictive stage. All
costs for the installation and removal of a Flow Restrictor shall be charged to
the property owner of the Site subjected to this
action.
B. FLOW RESTRICTOR EXEMPTION Flow
Restrictor Exemption
Exemptions to the installation of a Flow Restrictor as a means to
enforce the Wwater Rration
shall occur when there are provable risks to the health, safety and/or welfare
of the Water User. An exemption shall be made for water meters
serving three or more Multi-Family Dwelling units by substituting an excess
water use charge equivalent to the appropriate meter size, rationing stage, and 4th
offense amount of $150 times the number of Dwelling Units
located on the meter during each month in which a violation of the Wwater Rration
occurs. The Responsible Party shall be
liable for payment of all excess water use charges.
C. All
notices and assessments of Water Waste and/or excess
water use charges made by a Water
Distribution System Operator shall be reported to the District.
Section
Twenty: 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
Twenty-One: Effective Date and Sunset
This ordinance
shall take effect at 12:01 a.m. on the 30th day after it has been enacted on
second reading.
This Ordinance
shall not have a sunset date.
Section Twenty-Two: 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 by Director __________, and second by
Director ____________, the foregoing ordinance is adopted upon this ______ day
of ________________, 2008, by the following vote:
AYES:
NAYS:
ABSENT:
I, ____________________, Secretary to the Board of
Directors of the Monterey Peninsula Water Management District, hereby certify
the foregoing is a full, true and correct copy of an ordinance duly adopted on
the ________ day of _____________ 2008.
Witness my hand and seal of the Board of Directors
this ________ day of ____________ 2008.
Darby
Fuerst, Secretary to the Board