ITEM: PUBLIC
HEARING
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17. |
CONSIDER FIRST |
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Meeting
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July 21, 2008
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Budgeted:
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N/A
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From: |
Darby
Fuerst, |
Program/ |
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General Manager |
Line Item
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Prepared
By: |
David
Laredo, |
Cost
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General
Counsel |
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General Counsel Approval: YesCommittee Recommendation: The Water Demand Committee reviewed this item on July 14, 2008, and unanimously recommended approval. |
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CEQA Compliance: Categorical exemption, section 15307. |
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SUMMARY: This matter presents an ordinance for first reading which, if enacted, would establish a process to authorize adjustments to Water Distribution System Production and Connection limits.
RECOMMENDATION: Staff presents the draft ordinance (Exhibit 17-A) to the Board for adoption, based upon the July 14, 2008 unanimous recommendation of the Water Demand Committee (Directors Brower, Doyle, and Markey).
BACKGROUND: The District has actively regulated water distribution systems to protect District water resources and to assure that sufficient water will be available for present and future beneficial use by all District inhabitants and lands. The first regulation of the creation and expansion of water distribution systems was enacted on February 11, 1980, by Ordinance No. 1. Later amendments were made to this process by Ordinance No. 105, adopted on December 16, 2002, and Ordinance No. 118 adopted on December 13, 2004.
Ordinance No. 118 revised the District Rules
and Regulations to add the definition of “Pro Rata Expansion Capacity” and
create a process under Rule 40 by which the owner or operator of a Water
Distribution System exceeding its Pro Rata Expansion Capacity is required to implement
a plan to bring the Water Distribution System back into balance with its projected
Water Distribution System Capacity. Rule
40 was also amended to enable adjustment of Water Distribution System limits
based on credible evidence where a Water Distribution System could not be
brought into balance with its Water Distribution System Capacity. Ordinance No. 118 was enacted to address
situations not previously anticipated or explicitly addressed in the Rules and
Regulations.
This Ordinance would address a similar
circumstance to that remedied by Ordinance No. 118, where a Water Distribution
System has not yet exceeded its System Capacity or its Expansion Capacity, as
defined by District Rule 11, but for which credible evidence establishes that
the System Capacity or Expansion Capacity, or both, require modification. At the recommendation of the Water Demand
Committee, the proposed ordinance shall only affect those Water Distribution
Systems having ten (10) or more connections.
The Water Demand Committee (Directors Brower, Doyle and Markey) on July 14, 2008 unanimously recommended this matter be adopted on first reading by the Board.
This ordinance shall be known as the Water
Distribution System Capacity and Expansion Capacity Modification Ordinance of
the Monterey Peninsula Water Management District.
17-A First
U:\staff\word\boardpacket\2008\2008boardpackets\20080721\PublicHrgs\17\item17.doc