EXHIBIT 8-B
ORDINANCE NO. 135
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE
MONTEREY PENINSULA WATER MANAGEMENT DISTRICT AMENDING
THE DEFINITION OF THE
FINDINGS
1. 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.
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
5.
SWRCB Order WR No. 95-10 also found that California American
Water wells were drawing water from the subterranean stream associated with the
6.
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.
7.
In Water Year 1997, California American Water’s diversions
from the
8.
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.
9.
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.
10.
On August 14, 2003, California American Water filed a lawsuit
in Monterey Superior Court, Case No. M66343 to adjudicate water rights in the
11.
Under the adjudication decision, California American Water’s
production from the Laguna Seca Subarea will be reduced from 345 AFA to 0 AFA. Existing
District definitions and rules did not include regulation of the Laguna Seca
Subarea within Regulation XV.
12.
Production in the Laguna Seca Subarea has consistently
exceeded California American Water’s operating yield daily targets during Water
Year 2008.
13.
During Water Year 2008, California American Water’s
groundwater production from the Laguna Seca Subarea for water users in its Ryan
Ranch, Hidden Hills, and Bishop systems is expected to exceed its annual
standard allocation from the subarea of 345 AF by more than 50% or 180 AF. As of August 8, 2008, 426.6 acre-feet (AF)
of water had been produced in the Laguna Seca Subarea since October 1,
2007. This amount exceeds California
American Water’s operating yield target of 345 AFA by 81.6 AF.
14.
Amendments to District Rules are necessary to address a water
emergency caused when existing consumption would force production over the
legal limits set by the
15.
The need to enact this measure further arises as this
ordinance responds to water supply limitations that may be imposed by the SWRCB
in its pending California American Water Cease and Desist (CDO) proceeding
relating to SWRCB Order WR 95-10.
16.
There is a pressing need to facilitate emergency conservation
rate authority for California American Water with the California Public
Utilities Commission (CPUC) to further conservation savings within the Laguna
Seca Subarea.
17.
This ordinance responds to regulatory modifications that have
been proposed by California American Water to the CPUC in its application
07-12-010.
18.
The provisions of this ordinance shall preserve the health
and safety of California American Water water users.
19.
The following District Rules shall be amended by this
ordinance: Rule 11 (Definitions), Rule 160 (General Provisions), 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), and Rule 167 (Stage 7 Water Rationing).
20.
This Ordinance shall not negate provisions of any purchase
agreement between California American Water and another Water Distribution
System. Notwithstanding this statement,
the conservation / rationing program set forth in this Ordinance and in
District Regulation XV shall apply to those systems, including Satellite
Systems and the Hidden Hills System.
21.
This Ordinance shall not negate provisions of any agreement
establishing any Water Entitlement, including those related to the Carmel Area
Wastewater District/Pebble Beach Community Services District Wastewater Project,
or the City of
22.
This ordinance shall be reviewed and approved under the
California Environmental Quality Act (CEQA) Negative Declaration based upon the
Initial Study dated April 16, 2008, and as adopted in connection with Ordinance
No. 134 on August 18, 2008.
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. [Option A – Text for Paragraph A as
Approved by Board on First Reading] 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.
SATELLITE SYSTEMS -- “Satellite Systems” shall mean
Option B A. [Option B – Alternate Text for Paragraph A Separating Hidden Hills]
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.
HIDDEN HILLS SYSTEM – “Hidden Hills System” shall mean the California
American Water subunit as described in the purchase agreement between Carmel
Valley Mutual Water Company and California American Water recorded July 8, 1994, Document #49389 Reel
3125 Page 696. The Hidden Hills System derives its Source of
Supply from the Laguna Seca Subarea of the
SATELLITE SYSTEMS -- “Satellite Systems” shall mean
California American Water's smaller distribution systems along State Route 68
between Monterey and Salinas that derive their Source of Supply from the Laguna
Seca Subarea of the Seaside Basin, excluding Hidden Hills System. These Satellite Systems include the Ryan
Ranch and Bishop Units.
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”
(“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 comply with the District’s Water Waste and Non-Essential Water Use prohibitions and the water conservation requirements of Regulation XIV.
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 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.
D. Stages
2 and 3 Water Conservation are intended to maintain California American 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
1 Water Conservation through Stage 3 Water Conservation shall apply to Water
Users of 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 limitations.
F. E. Stage 4 Water Rationing through Stage 7
Water Rationing respond to limitations in supply caused by inadequate system
inflow and storage and or emergency situations that require
water reductions.
F. Stage
1 Water Conservation through Stage 3 Water Conservation shall apply to Water
Users of 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 limitations.
G. 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 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.
H. 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.
I. 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
this Regulation. A copy of Rule 14.1
shall be filed with the California Public Utilities Commission (CPUC) and the
District within 30 days of the effective date of any amendment to this
Regulation.
J. 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 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 production from
the MPWRS below legal and regulatory
constraints. This is accomplished by
requiring implementation of Landscape Water Budgets for irrigators of three
acres or more, Large Residential Water Users, and Water Users with Dedicated
Irrigation Meters.
B. Stage
2 Water Conservation shall be enforced in the Main System when California American Water
production from the MPWRS exceeds the year-to-date at month-end targets as
displayed in Table XV-1.
1. The
monthly distribution of water production from MPWRS, as shown in Table XV-1
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 during the Board’s regular meetings in
September, December, March, and June, at which time the Board may modify Table
XV- 1 by Resolution.
[This space intentionally left blank.]
Table XV-1
Regulatory Water Production Targets
for
Within the
(All Values in Acre-Feet)
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Table
XV-1 |
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Regulatory
Water Production Targets |
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for
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Within
the |
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(All
Values in Acre-Feet) |
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Month |
Monthly |
Year-to-Date |
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Target |
at
Month-End Target |
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October |
1,377 |
1,377 |
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November |
1,082 |
2,458 |
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December |
993 |
3,452 |
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January |
961 |
4,413 |
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February |
878 |
5,291 |
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March |
1,012 |
6,302 |
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April |
1,124 |
7,427 |
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May
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1,424 |
8,850 |
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June |
1,522 |
10,372 |
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July
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1,640 |
12,012 |
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August |
1,633 |
13,645 |
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September |
1,489 |
15,134 |
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TOTAL |
15,134 |
--- |
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Note: Monthly
and year-to date at month-end production targets are based on the annual
production limit specified for the California American Water (CAW) systems
from Carmel River sources in State Water Resources Control Board Order No. WR
95-10 (11,285 acre-feet) and the initial annual production limit specified
for the CAW systems from sources in the Coastal Subareas (3,504 acre-fee) and
the Laguna Seca Subarea (345 acre-feet) of the |
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Table XV-1
Regulatory Water Production Targets
for
Sources within the
(All Values in Acre-Feet)
Option Note: All references to
Satellite Systems shall include the Hidden Hills System. [This sentence added only if alternate text distinguishing
Hidden Hills is adopted]
[This space intentionally
left blank]
Table
XV-2
Regulatory Water Production Targets
for
(All Values in Acre-Feet)
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Table
XV-2 |
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Regulatory
Water Production Targets |
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for
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Within
the |
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(All
Values in Acre-Feet) |
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Month |
Monthly |
Year-to-Date |
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Target |
at
Month-End Target |
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October |
34 |
34 |
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November |
23 |
57 |
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December |
19 |
75 |
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January |
16 |
91 |
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February |
15 |
106 |
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March |
19 |
125 |
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April |
24 |
149 |
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May
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33 |
183 |
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June |
38 |
221 |
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July
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43 |
264 |
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August |
42 |
305 |
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September |
40 |
345 |
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TOTAL |
345 |
--- |
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Notes:
Total Production shown on this Table shall incorporate
increased water supplies as may be recognized by the
Option All references
to Satellite Systems shall include the Hidden Hills System. [This sentence added only if alternate text distinguishing
Hidden Hills is adopted]
C. [Option A – Text for this Paragraph as Approved by Board on First
Reading] Stage
2 Water Conservation shall be enforced in the Satellite Systems when California
American Water production from the MPWRS for its Main and Satellite
Systems has exceeded the year-to-date at month-end production as shown in Table
XV-1 and California American Water production from the MPWRS for its
Satellite Systems has exceeded the year-to-date at month-end production as
shown in Table XV-2.
Option B C. [Option B – Alternate
Text Distinguishing Hidden Hills] Stage
2 Water Conservation shall be enforced in the Satellite Systems and in the
Hidden Hills System when California American Water production from the MPWRS
for its Main, Satellite, and Hidden Hills
Systems has exceeded the year-to-date at month-end production as shown in Table
XV-1 and California American Water production from the MPWRS for its
Satellite Systems and Hidden Hills
System has exceeded the year-to-date at month-end production as shown in Table
XV-2.
The
monthly distribution of water production shown in Table XV-2 shall be approved
by the Board of Directors as part of the Quarterly Water Supply Strategy and
Budget process. The Board may modify
Table XV-2 by Resolution following a public hearing held during the Board’s
regular meeting in September, December, March, or June.
CD. STAGE
1 REQUIREMENTS CONTINUE 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.
DE. 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.
EF. WATER
WASTE Water use in excess of
the established Landscape Water Budget shall be considered Water Waste.
FG. 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.
GH. NOTICE California American Water shall provide an
annual reminder notice to MPWRS Users with Landscape Water Budgets to report
modifications in Landscaping which could alter an existing budget.
HI. 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 Six: 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 DEFINITION 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 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.
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
measured 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 MAIN SYSTEM Stage 3
Water Conservation shall be enforced in its Main California American Water System
when any of the following criteria
has been met: 1) California American Water’s year-to-date production from the
MPWRS exceeds the year-to-date production target shown in Table XV-1 by 5
percent or more at the end of the first quarter of the Water Year, or 2) California
American Water’s year-to-date production from the MPWRS shown in Table XV-1 exceeds the year-to-date production target
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, or 3) California American Water’s year-to-date
production from the MPWRS shown in Table XV-1 on a
year-to-date basis exceeds 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 shown in Table XV-1 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.
BC. [Option A – Text for this Paragraph as
Approved by Board on First
Option B BC. [Option
B – Alternate Text Distinguishing Hidden Hills]
REGULATORY TRIGGER – SATELLITE SYSTEMS & HIDDEN HILLS SYSTEM Stage 3 Water Conservation shall be enforced in California American Water’s Satellite Systems and the Hidden Hills System when any of the criteria in Section B has been met and when any of the following criteria has been met: 1) California American Water’s year-to-date production from the MPWRS for the Satellite Systems and the Hidden Hills System exceeds the year-to-date production target in Table XV-2 by 5 percent or more at the end of the first quarter of the Water Year, or 2) California American Water’s year-to-date production from the MPWRS for the Satellite Systems and the Hidden Hills System exceeds the year-to-date production target shown in Table XV-2 by 4 percent or more at the end of January, or the year-to-date production target by 2.5 percent or more at the end of February, or the year-to-date production target by 1 percent or more at the end of March, or 3) California American Water’s year-to-date production from the MPWRS for the Satellite Systems and the Hidden Hills System exceeds the year-to-date production target shown in Table XV-2 for a consecutive seven-day period during the months of April, May or June; or 4) ) California American Water’s year-to-date production from the MPWRS for the Satellite Systems and the Hidden Hills System exceeds the year-to-date production target shown in Table XV-2 on any single day during July, August, or September; or 5) a Resolution has been adopted by the Board in accord with Section D below.
CD. 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.
DE. NOTICE California American Water shall notify
its Water Users that Emergency Rates approved by the CPUC will
be imposed upon the effective date of Stage 3 Water Conservation.
EF. STAGE
1 REQUIREMENTS CONTINUE
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.
FG. 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 applicable year-to-date at month-end
production goal for two consecutive months in the subsequent Water Year.
Regulatory compliance during a period of Stage 4 Water Rationing shall not cause a sunset of this provision.
GH. NOTICE.
California American Water shall provide
notice of mandatory water conservation with each bill.
HI.
Section Seven: 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 DEFINITION 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 California American Water CAW is not currently at Stage 3, California American Water CAW shall implement Stage 3 Water
Conservation for all affected systems upon declaration of Stage 4 Water
Rationing.
B. 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. Evidence of riparian water
rights may be established by a Declaration under penalty of perjury, unless it
is refuted by other proof. 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. 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. If Satellite Systems [Option: and the
Hidden Hills System] year-to-date production exceeds the
year-to-date target specified in Table XV-2 of Rule 162, Satellite Systems [Option: and the Hidden Hills System] 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.
E. 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 that reductions in water use are necessary
and that stricter water rationing is imminent. Water Distribution System Operators shall
ensure that notices provided or required by the District shall be distributed to their
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. The District shall notify all Water Users of private Wells (Single-Parcel Connection Systems) within the MPWRS. Notice shall be via first class mail and shall explain the 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
returned to California American Water CAW within 30
days.
Section Eight: Amendment to Rule 165
Rule 165 B 1. shall
be amended as shown below, with added language as shown in bold italic type
face, and deleted language shown in strikeout type face.
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. Evidence of riparian water
rights may be established by a Declaration under penalty of perjury, unless it
is refuted by other proof. 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 remaining provisions of Rule 165 shall remain unchanged by this ordinance.
Section Nine: Amendment to Rule 166
Rule 166 B 1. shall
be amended as shown below, with added language as shown in bold italic type
face, and deleted language shown in strikeout type face.
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 the Stage 4 rationing
restrictions. Evidence of riparian water
rights may be established by a Declaration under penalty of perjury, unless it
is refuted by other proof. 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.
The remaining provisions of Rule 166 shall remain unchanged by this ordinance.
Section Ten: Amendment to Rule 167
Rule 167 B 1. shall
be amended as shown below, with added language as shown in bold italic type
face, and deleted language shown in strikeout type face.
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 4 rationing
restrictions. Evidence of riparian water
rights may be established by a Declaration under penalty of perjury, unless it
is refuted by other proof. 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.
The remaining provisions of Rule 167 shall remain unchanged by this ordinance.
Section Eleven: 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
Twelve: Effective Date and Sunset
This ordinance
shall take effect at 12:01 a.m. thirty days following its enactment on Second
Reading. This ordinance shall not have a
sunset date.
Section Thirteen: 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.