ITEM:
|
INFORMATIONAL ITEMS/STAFF REPORTS
|
||||
|
|
|||||
21.
|
QUARTERLY WATER SUPPLY PROJECT
STATUS REPORT
|
||||
|
|
|||||
Meeting Date:
|
October 19, 2009
|
Budgeted:
|
N/A
|
||
|
|
|
|
|
||
From:
|
|
Program/
|
N/A
|
||
|
|
General Manager
|
Line Item No.:
|
|
||
|
|
|||||
Prepared By:
|
Henrietta Stern
|
Cost Estimate:
|
N/A
|
||
|
|
|||||
General Counsel Approval: N/A
|
|||||
Committee Recommendation: N/A
|
|||||
CEQA Compliance: N/A
|
|||||
This is a quarterly report on Monterey Peninsula Water Management District water supply augmentation projects for the July through September 2009 period. The next quarterly report will be written in January 2010. Limited background information is provided herein. A detailed historical overview of previous action may be found in previous years’ reports. Detailed quarterly updates are typically prepared for the January, April, July and October regular Board meetings. An abbreviated monthly report on Strategic Plan objectives is provided at each regular Board meeting. This information can be found by clicking on the pertinent agenda item on the District website at:
http://www.mpwmd.dst.ca.us/asd/board/meetings/meeting.htm.
Updated weekly information is also available in the General Manager’s letter to the Board at:
http://www.mpwmd.dst.ca.us/gmletters/gmletters.htm. An MPWMD Board Special Workshop on water supply alternatives was held on March 27, 2008, which provides good background information. Please refer to the District website at:
http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2008/20080327/0327agenda_rev.htm
For the past several years, the MPWMD Board has identified water supply goals and objectives at Strategic Planning Workshops. The most recent goals and objectives were adopted at the February 28, 2008 meeting as follows (original due dates shown in italics):
Goal: Determine and participate in long-term water supply solution(s)
Ø LS1: Present to the Legislative Committee a briefing paper on the draft Cease and Desist Order (Draft CDO) [issued by SWRCB] (02/15/08)
Ø LS2: Recommend to the Board for action a MPWMD position on the Draft CDO (02/28/08).
Ø LS3: Lobby local, state and federal legislators and boards regarding the MPWMD position on the Draft CDO (prior to hearings on the Draft CDO).
Ø LS4: Prepare and coordinate testimony for the Draft CDO hearing based on Board policy and direction (prior to hearings on the Draft CDO).
Ø LS5: Refine and present to the Board the matrix of water supply alternatives (using the quantified supply target) (03/17/08).
Ø LS6: Ensure that CAW presents updated water supply proposals, alternatives and timeline (03/27/08).
Ø LS7: Prioritize water supply alternatives (04/21/08).
Ø LS8: Ensure the remaining entities adopt a Memorandum of Understanding (MOU) for participation in the Monterey Bay Regional Water Solutions Task Force to evaluate regional water supply solutions (4/21/08).
Ø
LS9: Provide technical support or
guidance to the Monterey Regional Water Pollution Control Agency (MRWPCA) for
its Groundwater Replenishment Project in the
Goal: Complete ASR Phase 1 and Expanded ASR Project(s)
Ø ASR1: Notify and make a presentation to the Watermaster, informing them of MPWMD’s water storage rights (06/30/08).
Ø ASR2: Conduct a dual-well injection test and report results to the Board (06/30/08).
Ø ASR3: Achieve consensus with CAW on final MPWMD and CAW Phase 1 ASR facilities design, including a schedule (08/01/08).
Ø ASR4: Achieve consensus with CAW on the yield and schedule for the next phase of ASR expansion (08/01/08).
Ø ASR5: Complete negotiations with CAW for joint ownership of water rights to obtain future ASR and other water rights permit(s) (08/01/08).
The following paragraphs
describe action on the water supply objectives identified above in the July-September
2009 period, with discussion about events in early October 2009, if needed. For
clarity, background information is provided for certain objectives. The following paragraphs are organized as
follows as certain objectives are related to the same subject:
Ø Draft CDO
Ø Water Supply Alternatives
Ø Complete ASR Phase 1 and Expanded ASR Project(s)
GOAL: DETERMINE AND PARTICIPATE IN LONG-TERM WATER SUPPLY SOLUTION(S)
Objectives
for Draft Cease and Desist Order
On January 15, 2008, the SWRCB issued a draft Cease and Desist Order (Draft
CDO) against CAW. The Draft CDO refers to SWRCB Order 95-10, issued in July
1995, and notes that compliance with Order 95-10 – that is, to find a replacement water supply
to offset unlawful diversions from the Carmel River Basin – has not yet been
achieved after 12 years. The Draft CDO
notes that diversion to serve the community continue to have adverse impacts to
fish, wildlife and their habitat, with particular reference to federally
protected species such as the Carmel River steelhead run. The draft CDO proposed a cutback in CAW
water diversions that would be equivalent to another 15% reduction from current
community use beginning October 1, 2008 to a 50% reduction in community water
use by the year 2014. Extensive fines
could be levied against CAW, which potentially could pass them on to the
community, if compliance was not achieved.
Given that the
CAW protested the Draft CDO and was granted a formal hearing before the
SWRCB, similar to a court case. The
District and several other parties filed the requisite paperwork to be parties
in this proceeding. The hearings in
Ø Part 1:
June 19 and 20, 2008; focus on compliance with Order 95-10 and state
water code.
Ø Part 2:
July 23-25, 2008 and August 7-8, 2008; focus on content of Draft CDO,
and rationale for suggested changes.
The SWRCB held a public hearing to take policy statements in
On July 27, 2009, the SWRCB issued a second version of the Draft CDO that
amended the cut-back amounts and schedule, and set a September 2, 2009 workshop
to receive public comment, limited to three minutes. Written comments were due on August 26,
2009. On September 16, 2009, the SWRCB
issued a third version of the Draft CDO and set September 30, 2009 as the
deadline to receive comments. The SWRCB
held a closed session on October 6, 2009 on the Draft CDO. A full SWRCB Board meeting to rule on the Draft
CDO scheduled for October 20, 2009.
.
Objective LS1: Present to the Legislative Committee a Briefing Paper on the Draft CDO
Action in July-September 2009: None. Task completed on February 15, 2008, as scheduled.
Objective LS2: Recommend to the Board for Action a MPWMD Position on the Draft CDO
Action in July-September 2009: The Board met in closed session in August and September 2009 to provide direction to staff regarding District comments and its continued position opposed to the Draft CDO, as written, to be transmitted in August and September 2009 letters, and articulated at the SWRCB public hearing on September 2, 2009. In May 2008, the Board had adopted Resolution No. 2008-08 in opposition to the Draft CDO at its May 19, 2008 meeting.
Discussion/Background: The Legislative Committee was formed
in February 2008; members are Directors Dave Potter, Bob Brower and Judi
Lehman. It met throughout the spring of
2008 regarding the first version of the Draft CDO, and continues to meet as
needed. Information on the Legislative Advocacy Committee may be viewed on the
District website at:
http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2008/20080228/03/item3.htm.
Information about the adopted resolution opposed to the Draft CDO may be
viewed at:
http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2008/20080519/16/item16.htm.
Objective LS3: Lobby
Local, State and Federal Legislators and Boards Regarding the MPWMD Position on
the Draft CDO
Action in July-September 2009: Ongoing.
The Board approved a contract with a government relations consultant,
JEA and Associates, at its September 21, 2009 meeting through June 30,
2010.
Discussion/Background: Legislative Committee members have contacted elected representatives and SWRCB Board members, as allowed. Notably, Assemblymember John Laird wrote the SWRCB on March 25, 2008, to request that the SWRCB defer action on the Draft CDO until after the California Public Utilities Commission (CPUC) issues the Environmental Impact Report (EIR) on the Coastal Water Project and evaluates alternatives to the Moss Landing desalination site. Information on the most recent consultant contract with JEA and Associates may be viewed at:
http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2009/20090921/09/item9.htm.
Objective LS4: Prepare and Coordinate Testimony for
the Draft CDO Hearing Based on Board Policy and Direction
Action in July-September 2009: The District transmitted letters dated August 26 and September 30, 2009 continuing to oppose the Draft CDO, as written, due to factual errors and flawed assumptions as well as the potential to jeopardize the health, safety and welfare of the Monterey Peninsula. This view was articulated at the SWRCB public hearing on September 2, 2009, and will be presented at any future hearing. In addition, the District transmitted an August 12, 2009 news release about the potential effect of the Draft CDO on recently issued MPWMD Water Permits. The District and community await the determination of the full SWRCB Board, on October 20, 2009. It is noted that the SWRCB was scheduled to meet in closed session on October 6, 2009 to discuss the Draft CDO.
Discussion/Background: Participation in the SWRCB hearing process in
2008 was an intensive effort led by District Counsel. As directed by the Board, General Manager
Activities in 2009 did not
include prepared testimony. District
Counsel, assisted by MPWMD staff, prepared letters commenting on the July 27
and September 16, 2009 versions of the Draft CDO. The General Manager and General Counsel
attended the September 2, 2009 public hearing in
http://www.mpwmd.dst.ca.us/gmletters/2009/20090828/20090828.pdf
http://www.mpwmd.dst.ca.us/gmletters/2009/20091002/20091002.pdf
.
Objectives
for Water Supply Alternatives
Objective LS5:
Refine and Present to the Board the Matrix
of Water Supply Alternatives, using the Quantified Supply Target
Action in July-September 2009: None. Task
completed in March 2008.
Discussion/Background: The 2008 updated matrix was received by the Board at its March 17, 2008 meeting, as scheduled. It incorporated the consultant information received in February 2008 and suggestions from an ad hoc Community Advisory Committee (CAC) received in September 2007, Minor refinements were made to the matrix for the March 27, 2008 special workshop on water supply alternatives. Refer to the website at:
http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2008/20080317/15/item15.htm and
http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2008/20080327/0327agenda_rev.htm.
Materials associated with each CAC meeting may be found at the District website at:
http://www.mpwmd.dst.ca.us/asd/board/committees/cac/2007/2007.htm.
For more information on the CAC itself, refer to the District website at:
http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2006/20061211/16/item16.htm.
Since Fall 2004, the District has prepared an annual Comparative Matrix of Water Supply Alternatives spreadsheet to compare various projects for subjects such as cost and financing, implementation timeline, water yield, environmental review, and others. The current matrix includes three shore-based desalination projects as well as preliminary information on the ship-based Seawater Conversion Vessels (SCV) technology, now known as the “Offshore Desalination Project” (ODP). The matrix also includes information on the MPWMD ASR Project and two projects featuring purified recycled water, one combined with desalination. For background information on the 2004 and 2005 matrices, please refer to the District website at:
http://www.mpwmd.dst.ca.us/pae/matrix/matrix.htm. To review the October 2006 matrix, visit:
http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2006/20061016/13/item13.htm.
As part of development of the October 2006 matrix, in February 2006 the District Board approved retaining a team of water supply engineering design experts led by Bookman-Edmonston/GEI Consultants to conduct an independent technical evaluation of three proposed desalination projects previously reviewed in the 2004 and 2005 matrices: (1) Coastal Water Project (CWP) at Moss Landing proposed by CAW; (2) the Monterey Bay Regional Desalination Project at Moss Landing proposed by Pajaro/Sunny Mesa Community Services District; and (3) MPWMD 8,400 AFY desalination project proposed in the Sand City area. This effort culminated in a report presented to the Board at its June 29, 2006 special workshop. Copies of the full report are available at the District office, and presentation materials may be viewed at the District website at:
http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2006/20060629/0629agenda.htm
.
At the June 2006 workshop, a number of questions and comments were posed by the Board and public. At its July 17, 2006 meeting, the Board determined it would defer action on amending the B-E/GEI contract and preparing a final report until after the September 25, 2006 Board Strategic Planning Workshop. A summary of comments by the Board, the public, and project proponents, including copies of written comments received was provided to the Board in a memorandum from the District Engineer dated September 12, 2006. At its October 16, 2006 meeting, the Board determined that it wished to add review of the ODP technology to the scope of work. The Board approved a B-E/GEI contract amendment at its February 22, 2007 Board meeting to include formal responses to questions and more detailed information about the ODP technology. For more information about the B/E-GEI contract review in January 2007, please refer to the District website at: http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2007/20070222/17/item17.htm .
B/E-GEI prepared a draft report evaluating four desalination projects in the matrix, which was received by the Board on July 16, 2007. Three sets of comments were received by the August 17, 2007 deadline. The consultant scope of work was amended by the Board on September 17, 2007 to address these comments, which included substantial new data from the ODP proponents. The B/E-GEI final report was received at the Board’s February 28, 2008 meeting. Consult the District website for more information at:
http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2008/20080228/20/item20.htm .
Water Supply Target: One Matrix component addresses how well various projects meet the water supply targets adopted by the Board in 2007, based on a series of meetings in 2006 and 2007. A staff-recommended value of 12,500 AFY for existing needs was presented to the Board for its consideration at the November 20, 2006 meeting. For more information, refer to the District website at:
http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2006/20061120/12/item12.htm .
A special workshop was held on May 18, 2006 to address future water needs, based primarily on projections made by the Technical Advisory Committee (TAC), comprised of jurisdiction planning staff. The TAC evaluated water needs associated with various types of uses anticipated at “build-out,” based on current General Plans. The TAC estimated that 4,545 AFY above existing needs would be required, as described in the District website at:
http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2006/20060518/01/item1.htm .
No changes to the May 2006 estimate were proposed in November 2006.
The staff recommendation of 12,500 AFY for existing needs and 4,545 AFY for future needs was accepted by the Board in November 2006 to submit to the jurisdictions for comment with requested written comment by March 15, 2007. A special workshop of the jurisdictions’ TAC and Policy Advisory Committee (PAC) was held on January 9, 2007, where District staff reviewed the development of its assumptions in detail, with emphasis on existing needs. The TAC at its January 23, 2007 meeting accepted the information on existing needs. The jurisdictions provided feedback in February and March 2007. Jurisdiction comments were reviewed and the Board approved the 12,500 AFY and 4,545 AFY yield targets at its meeting of April 16, 2007. Refer to the District website at:
http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2007/20070416/14/item14.htm .
Objective LS6:
Ensure That CAW Presents Updated Water
Supply Proposals, Alternatives and Timeline
Action in July-September 2009: District staff continues to attend public
meetings on CAW’s proposed Coastal Water Project and alternatives, including public
participation hearings hosted by the CPUC in
Discussion/Background: The CWP is described above. As scheduled, CAW Vice President Tom Bunosky made a presentation to the MPWMD Board at its March 27, 2008 Special Workshop on the current regulatory situation, CAW efforts on the CWP, and updated timelines. Project completion is not envisioned until 2016, based on current progress on the EIR for the project. The CAW presentation is on the MPWMD website at:
http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2008/20080327/ppt/1_files/frame.htm. A special meeting was held on October 30, 2008 which focused on coordination with CAW regarding water supply issues. Information is available on the District website at:
http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2008/20081030/1030agenda.htm. Please refer to the General Manager’s weekly summary of activities for other action associated with water supply alternatives at: http://www.mpwmd.dst.ca.us/gmletters/gmletters.htm.
The CPUC released the Draft EIR on CAW’s proposed CWP in late January 2009. The District Board held a special workshop on March 16, 2009 to hear a CPUC staff presentation on the DEIR, receive initial technical comments by MPWMD staff, and provide initial impressions by individual Board members. Consolidated MPWMD comments were submitted to the CPUC by the April 15, 2009 deadline. District staff also attended several public meetings on the CWP and alternatives. In a March 26, 2009 joint ruling, the CPUC Administrative Law Judge and the Commissioner assigned to the CWP set a schedule that includes placing the final decision on the project on the CPUC’s March 2010 agenda. For reference, the materials for the March 16, 2009 special meeting may be viewed at:
http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2009/20090316/0316agenda.htm. The CPUC schedule was updated by Rulings and communications in August-September 2009. The target date for the Final EIR is now October 30, 2009. Evidentiary hearings are scheduled for November 30-December 4, 2009. Certification of the Final EIR is planned for January 2010. The CPUC hearing on the decision to approve the CWP is planned for May 2010.
In related action, Director Brower and District staff participated in a tour of CAW’s pilot desalination project at the Moss Landing Power Plant on April 16, 2009. The pilot plant test period is nearing completion, and test results will be used to refine the proposed desalination project design for the CWP.
District staff members and a
Board member have also participated in monthly WFMCC meetings that led to
development of the “Regional Project,” which is analyzed in detail as an
alternative in the Coastal Water Project DEIR.
The Regional Project description has evolved over time, but consists of
various project components including water conservation, City of Sand City
Desalination Facility using brackish water, Regional Urban Water Augmentation
Program (RUWAP) using recycled water, Aquifer Storage and Recovery (ASR)
Project using Carmel River water, Salinas River Diversion Facility using
Salinas River water, and a Regional Desalination Facility in the North Marina
area using seawater-intruded groundwater from the
On
March 18, 2009 CAW and Marina Coast Water District (MCWD) executed a MOU
regarding data sharing for environmental review of the proposed CWP and
Regional Project. Under the MOU, CAW and
MCWD agreed to work together to expedite the selection and implementation of a
water supply project to address the
In a related matter, on April 1, 2009, Jim Heitzman, MCWD General Manager, made a presentation on the status of agreements in progress for the Regional Project. These agreements between and among MCWD, Monterey Regional Water Pollution Control Agency (MRWPCA), Monterey County Water Resources Agency (MCWRA), Monterey County, and CAW are in various stages of completion.
Objective LS7: Prioritize Water Supply Alternatives
(and Pursue Priority Project)
Action in July-September 2009: After
many weeks of delays, in early July 2009, the District obtained all permits
needed for hydrogeologic field investigations at the most promising sites for
the District’s “95-10 Project” (desalination project with intake facilities
located in Fort Ord Dunes State Park). Due to previous commitments, field work was
not able to begin until September 14, 2009, and was completed by September 22,
2009. Laboratory testing of the samples
obtained is currently in process, with a report to the MPWMD Board planned for December
14, 2009.
Discussion/Background: At its March 27, 2008 Special Workshop on water supply alternatives, the Board received: (1) an update from CAW on its Coastal Water Project (see Objective LS6 above); (2) information on the cost and timeline associated with completing a Final EIR on the 8,400 AFY MPWMD Seawater Desalination Project in the Sand City area; (3) a brief presentation by Water Standard Company on offshore ship-based desalination facilities; and (4) an overview by MPWMD staff on the major water supply alternatives evaluated to date. The Board began initial discussions on which water supply alternatives should be pursued by the District in the near-term. The Board directed staff to revive pursuit of the MPWMD desalination project, which had been tabled in 2004. A new name, the “MPWMD 95-10 Project,” was suggested, as a key goal is compliance with SWRCB Order WR 95-10. The Board also directed staff to develop a scope of work and cost estimate for engineering and environmental consultant contracts associated with the certifying a Final EIR for the Project, to be considered at the April 21, 2008 Board meeting. Given uncertainties and disagreement about the feasibility of the project, the Board authorized retaining consultants to prepare a Phase 1 Constraints Analysis report before committing significant funds and resources towards evaluation of the project in an EIR. The overview of the MPWMD 95-10 Project, initial discussion of setting priorities, and information for the April 21, 2008 meeting may be viewed at the MPWMD website at:
http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2008/20080327/02/item2.htm;
http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2008/20080327/03/item3.htm; and
http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2008/20080421/23/item23.htm.
Pursuant to the contract
authorized by the Board in April 2008, environmental and engineering
consultants prepared and presented a Constraints Analysis for the MPWMD 95-10
Project (desalination) to the Board at its August 18, 2008 meeting. This analysis identified significant
impediments to the MPWMD desalination project feasibility, and ranked various
seawater intake and brine disposal sites and technologies. The Board directed that additional work be
performed to address three specific policy issues related to the feasibility of
implementing the project in the former
http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2008/20080818/16/item16.htm
http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2008/20081020/17/item17.htm
http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2008/20081208/16/item16.htm
http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2009/20090129/20/item20.htm
Objective LS8:
Ensure
the Remaining Entities Adopt an MOU for Participation in the
Action in July-September 2009: MPWMD staff continues to coordinate with
other entities on regional water supply solution opportunities in a variety of
settings. The original concept of the
Discussion/Background: The District has consistently coordinated
with MRWPCA, MCWRA, MCWD and other entities on regional water supply solution
opportunities. The District General
Manager continues to participate in Monterey County-led meetings of a Managers
Working Group comprised of water/wastewater districts and cities from the
http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2007/20070618/25/item25.htm.
At the February 13, 2008 Strategic Planning Session, Director Potter volunteered to ensure that all participating entities adopt the MOU by April 21, 2008. However, he reported to the Board in May 2008 that Monterey County has identified concerns with the MOU as currently crafted, and a renewed effort in is progress to develop a new mutually acceptable agreement. No timeline has been identified for this County effort, which continues to evolve.
As noted above for Objective LS-6, the District continues to participate in efforts to define viable regional water supply solutions and to cooperate with other water agencies. On June 16, 2009, the District General Manager testified at the Monterey County Board of Supervisors’ meeting in support of staff’s recommendation to approve the Cooperative Planning and Joint Analysis Memorandum of Understanding (Planning MOU) for a Monterey Regional Water Supply Program. The purpose of the Planning MOU is to provide a common framework to conduct planning-level analyses for the proposed Regional Water Supply Project as an alternative to the Coastal Water Project. A draft Planning MOU was approved with minor changes by the Board of Supervisors.
In
related action, on June 5, 2009, the District received a response to its May
14, 2009 request to be included in the planning process for the proposed
Regional Water Supply Program. The
response suggested a joint meeting of the managers of MPWMD, MRWPCA, MCWD and
MCWRA to discuss the request and consider options. Since then, MPWMD General Manager
Objective LS9:
Provide Technical Support or Guidance to
MRWPCA for its Groundwater Replenishment Project in the
Action in July-September 2009: This objective is ongoing. The MPWMD Board approved a Memorandum of
Agreement (MOA) with MCWPCA on January 29, 2009, with a continuing effort to
develop a more detailed MOU. A similar MOA
with Marina Coast Water District (MCWD) has also been developed. MPWMD staff continues to meet and advise
MRWPCA staff and consultants, and provides technical review of technical and
planning documents prepared by MRWPCA, as requested.
Discussion/Background: The Groundwater Replenishment Project (GRP)
entails potential injection or percolation of highly purified recycled water in
to the
At its September 26, 2008
meeting, the District Board determined it would hold a joint meeting with the
MRWPCA Board in October 2008 to discuss partnership opportunities on a joint
project. The MPWMD and MRWPCA boards held
a special joint meeting on October 29, 2008 aimed at providing additional
structure and incentive for moving forward on this project. At its November 17, 2008 meeting, the District Board established a three-member ad hoc Water
Supply Planning committee to develop an MOU with MRWPCA regarding roles and
responsibilities related to water supply planning in the
Also on January 29, 2009, the District Board approved adoption of an MOA with MRWPCA to cooperate in all matters in which a joint interest may exist. The managers of the two agencies are to regularly meet to discuss matters of common interest, and the governing bodies of the two agencies are to hold joint meetings as needed. It is anticipated that the two agencies will develop and approve a further Joint MOU that would outline key provisions needed for a more detailed agreement to better achieve their mutual needs. This would include consideration of a funding assistance plan to help advance the MRWPCA Groundwater Replenishment Project. More information is found at the District website at:
http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2008/20081029/1029agenda.htm
http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2008/20081117/15/item15.htm
http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2009/20090129/03/item3.htm
http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2009/20090129/19/item19.htm
GOAL: COMPLETE ASR PHASE 1 AND EXPANDED ASR PROJECT(S)
Aquifer storage and recovery
(ASR) entails diverting excess water flows, if available, in the winter season
(December 1 through May 31) from the Carmel Valley Alluvial Aquifer through
existing CAW facilities and injecting the water into the
On March 23, 2006, the District issued the Draft Environmental Impact Report and Environmental Assessment (EIR/EA) on the MPWMD Phase 1 ASR Project, including information on a CAW temporary pipeline associated with the ASR Project. On August 21, 2006, the MPWMD Board certified the Final EIR/EA, including responses to comments, adoption of formal Findings of Approval, and adoption of a Mitigation Monitoring Plan to address project impacts, with emphasis on comments submitted by California Department of Fish and Game (CDFG), and National Marine Fisheries Service (NMFS, also known as NOAA Fisheries). Notably, both CDFG and NMFS had previously filed water rights protests (see ASR1 below), so the EIR/EA responses and refinements were made with the intent to also resolve water rights concerns. Additional information on the Final EIR/EA is available on the District website at:
http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2006/20060821/10/item10.htm
In Fall 2006, the certified
EIR/EA was used a primary decision-making tool by several permitting entities.
On September 19, 2006, the U.S. Army transmitted a signed Right-of-Entry
permit, a key approval needed to construct the Phase 1 ASR Project. The City of
An extensive multi-year water rights effort resulted in the SWRCB issuing Orders WR 2007-0041-DWR and WR 2007-0042-DWR and Amended Permits 20808A and 20808B on November 30, 2007. These Orders approve, in part, the District’s Petitions for Change to allow some of the water rights from the New Los Padres Dam and Reservoir Project in 1995 to be applied to the ASR Project. District staff continues to work on certain follow-up activities related to certain conditions of approval. Please see Objective ASR5 below for more background on water rights.
Objective ASR1: Notify and Make a Presentation to the
Watermaster, Informing Them of MPWMD’s Water Storage Rights
Action in July-September 2009: None. A
presentation was made in 2008 to the Watermaster Technical Committee, and a
legal opinion was prepared in 2007.
Discussion and Background: This objective relates to the
fact that the Seaside Basin Watermaster is the Court-appointed entity with
authority over storage and extraction rights of water in the
Objective ASR2:
Conduct a Dual-Well Injection Test and
Report Results to the Board
Action in July-September 2009: District staff and consultants analyzed data collected in the dual –well injection test conducted in January 2009. These results will be incorporated in to the WY 2009 ASR operations report, scheduled for completion later this year
Discussion/Background: Typically, the Phase 1 ASR well testing would
be based on waters from the
The actual dual-well test was originally scheduled for completion by September 30, 2008, subject to completion of several required actions. Assuming 3,000 gallons per minute of flow, these tasks included: (1) make a temporary physical connection between the MCWD system and the ASR site; (2) complete the ASR Well #1 rehabilitation work and Well #2 development work; and (3) provide geochemical modeling results for review and approval by the Regional Water Quality Control Board (RWQCB). These tasks took longer than expected due to additional review requested by the RWQCB, a materials shortage associated with the motor for Well #2, MCWD information requests, and service interruptions associated with road grading and water pipeline installation for the General Jim Moore Boulevard realignment in the area of the test site.
In cooperation
with MCWD and MCWRA, MPWMD successfully completed a test in late January 2009
to divert approximately 69 AF from the MCWD system for roughly two weeks to
run the ASR project at full capacity (i.e.,
use of Well #1 and the new Well #2 together).
This alternative source of supply was needed due to inadequate flow in
the
Objective ASR3: Achieve Consensus with CAW on Final MPWMD
and CAW Phase 1 ASR
Action in July-September 2009: District staff and consultants had a series of
productive meetings with CAW
representatives, including CAW’s new president, Robert MacLean, to coordinate
on future ASR well sites, and to continue design work on CAW infrastructure to
ensure delivery of adequate water volume to the Phase 1 ASR site. The District helped mediate an apparent
impasse between the City of Del Rey Oaks and CAW regarding permit conditions
for a vital water pipeline needed to facilitate the design injection water
delivery rate to the Phase 1 ASR Project site (i.e., up to 3,000 gallons per
minute [gpm]). Permits were issued by the City and construction began in
September 2009, with a goal of completion in November 2009, before commencement
of the Water Year 2010 injection season on December 1, 2009. Water
delivery capacity for injection is currently limited to approximately 1,000
gpm, so this pipeline could play an important role in capturing excess
Progress was made on a dedicated monitor
well on the
Discussion/Background: The Phase 1 ASR Project is comprised of the existing full-scale test well at the Santa Margarita site in addition to a new, second ASR well immediately adjacent to the site. The two wells would be operated in tandem during the injection season. The District began construction mobilization for the second well the week of December 4, 2006, as scheduled. A temporary sound wall was constructed and drilling began in early January 2007. The well was completed in early February 2007 and formal production testing subsequently occurred. In early April, while preparations were being made for the final well inspection video, it was discovered that rock formation materials from the aquifer system had entered the well, indicating a continuing problem with the integrity of the well casing, apparently due to failure of pipe threads on the contractor’s drill bit that allowed the well development pump to drop to the bottom of the well. Repair of the casing was completed in early May, and included a new bottom “swage” plate for the well, plus a concrete plug to ensure that the plate remains in place for the life of the well. The District was not charged for the repair, which was conducted by the well drilling contractor, under supervision from the District’s construction management consultant. A final acceptance video of the well construction was conducted in mid-May 2007. The U.S. Army executed a Supplemental Agreement No. 1 to Department of Army Easement for Injection Test Well to enable the long-term Phase 1 ASR Project on September 21, 2007.
In coordination with CAW, District staff and consultants continue design of Phase 1 ASR support facilities such as a new well pump and motor in addition to electrical conduits, percolation basin, pipes and valving. Bids for initial facilities construction were received on November 13, 2007 to install permanent underground plumbing and electrical piping for ASR Well #2. The goal date for installation of these ASR well facilities was delayed to March 31, 2008, due in part to delays stemming from ordnance removal requirements and water quality concerns conveyed in Fall 2007. District staff coordinated with the Fort Ord Reuse Authority (FORA), U.S. Army and Regional Water Quality Control Board (RWQCB) to help address these issues. As of April 15, 2008, all of the underground utilities to the second ASR well have been installed.
Regarding water quality issues, in late November 2007, MPWMD and CAW staff met with RWQCB Executive Officer Roger Briggs to discuss questions about disinfection byproducts in CAW treated potable water, the injection source water for the Phase 1 ASR Project. These questions were raised due to concerns about ASR projects in other regions of the state, which triggered the Central Coast RWQCB’s need for consistent review of such projects. During the meeting, District technical staff presented the results of rigorous and detailed ASR water quality testing analyses we have conducted over the past several years. The consensus conclusion among representatives of all three entities present in the meeting was that the District’s ASR project source water conditions, Seaside Basin water use considerations, and aquifer characteristics are significantly different, and in large part not directly comparable, to the other ASR projects that raised the issue. It is anticipated that RWQCB staff will consider the Phase 1 Seaside Basin ASR project separately, and not require additional permit-related requirements that would adversely affect the project’s viability.
During the meeting Mr. Briggs
assured District staff that their written waiver of discharge requirements,
which was issued for the MPWMD Phase 1 Project in 2007, enables commencement of
ASR operations in 2008. RWQCB staff also indicated that they would be
developing formal criteria and guidelines to ensure that all ASR and similar projects
in the Central Coast Region are reviewed for consistency with RWQCB policy.
District staff intends to closely monitor this process to assist the RWQCB, and
in order to ensure the long-term nature of RWQCB’s authorization or exemption
determination for the Seaside Basin ASR operations. MPWMD continues to
collect water chemistry samples of injected and native aquifer waters to
address requests from the RWQCB. A
dedicated monitor well on the
Regarding
unexploded ordnance, in late 2007, the District was advised by FORA that
there are additional required ordnance investigation activities that affect the
Phase 1 ASR Project site that must be completed prior to property transfer to
the City of
Regarding ASR Project financing, on June 18, 2007, the Board adopted the required resolutions for participation in the California Statewide Communities Development Authority (CSCDA) Water/Wastewater pooled bond program to finance the District’s Phase 1 ASR Project. Subsequently, a tax law attorney with the bond counsel firm that represents the CSCDA program determined that the ASR project is not eligible for regular tax-exempt financing because CAW, which is a private for-profit entity, will use water injected and recovered by the District-owned ASR wells in CAW’s distribution system. With the assistance of a financial advisor, District staff also pursued a financing alternative that would involve issuance of tax-exempt “private activity” bonds. However, due to two additional time-consuming and costly processes the District would have to complete in order to issue this type of debt, other alternatives were re-evaluated. Staff determined that delays in completing the ASR project in 2007 meant that a significant portion of the required funding would not be required until Fiscal Year 2008-09, and that the project could be funded on a pay-as-you-go basis. That alternative was approved by the Board at its November 19, 2007 meeting. On November 17, 2008, two actions were taken to re-authorize the 1.2% existing water use fee used to fund ASR facilities and related water supply projects, including passage of an Ordinance. More information is available on the District website at:
http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2008/20081117/12/item12.htm
http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2008/20081117/13/item13.htm.
CAW Infrastructure:
In 2006, District staff
worked closely with CAW to help obtain permits and other approvals to construct
a temporary pipeline along the west side of
In 2008 and 2009, MPWMD and CAW
representatives continued to coordinate on future ASR well sites, and to
continue design work on CAW infrastructure to ensure delivery of adequate water
volume to the Phase 1 ASR site. District
staff met with CAW staff and consultants at the Phase 1 ASR site in late April 2009
to review progress on completion of facilities and to discuss potential design
enhancements for compatibility with proposed Coastal Water Project ASR
facilities. On June 23, 2009, District staff
participated in a meeting with representatives of CAW and the CPUC Division of
Ratepayer Advocates in
Since May 2009, CAW’s new
president, Robert MacLean, has helped energize a series of productive meetings between
CAW and MPWMD regarding near-term and future ASR projects, and related CAW infrastructure
necessary for operation at full capacity.
The District supported CAW’s application to the City of
Objective ASR4: Achieve
Consensus with CAW on the Yield and
Schedule for the Next Phase of ASR Expansion
Action in July-September 2009: As noted above, District staff continues to
coordinate with CAW staff and consultants on necessary action and facilities to
enable expanded ASR. This includes
assessing the best site(s) to pursue for Phase 2 ASR out of several choices
previously identified in CAW and MPWMD technical reports.
Discussion/Background: As described above, efforts to date have focused on the Phase 1 ASR Project. However, meetings continue between District and CAW staff/consultants regarding future ASR phases. District staff has provided computer simulations for CAW consultant, ASR Systems, for their investigation of the ASR element of the proposed Coastal Water Project and potential expanded ASR projects. In mid-2007, District staff reviewed a CAW Technical Memorandum on a conceptual plan for expanded ASR.
In mid-May 2009, District staff submitted application materials seeking grant monies for expansion of the MPWMD’s ASR Project. The application package included letters of support from NOAA Fisheries and the Carmel River Watershed Conservancy. The grant program is funded through the federal government’s 2009 American Recovery and Reinvestment Act (i.e., economic stimulus package), and is administered by the U.S. Bureau of Reclamation. Unfortunately, the District’s application was not selected as a potential recipient, and further consideration is not anticipated under this grant cycle.
Objective ASR5: Complete Negotiations with CAW for Joint Ownership of Water Rights to Obtain
Future ASR and Other Water Rights Permits
Action in July-September 2009: As noted
above, productive discussions with CAW have taken place this past quarter,
resulting in CAW’s decision in September 2009 to withdraw its protest against
the District’s Phase 2 ASR water rights application. CAW
also withdrew its protest to the District’s November 2006 petition for a time
extension for the New Los Padres Project water rights permits. Settlement meetings are just beginning with the
National Marine Fisheries Service (NMFS ) and the Carmel River Steelhead
Association regarding their protests to the District’s June 30, 2008 Petition
to Change its existing Permit #20808B to serve Phase 2 of the ASR Project.
Discussion/Background:
In late March 2006, the District and CAW finalized a Management and
Operations Agreement (MOA) regarding ASR testing, mutual aid, cost-sharing,
water rights and other issues. This
agreement satisfied the State Department of Health Services requirement that
the entities enter into a minimum 10-year agreement to operate the ASR
facilities. It also includes provisions
for sharing rights for the Phase 1 ASR project and to negotiate additional
agreements for acquiring and sharing ownership of water rights for present and
future potable water supplies for the
Water rights for Phase 1 ASR are based on two Petitions for Change, originally submitted by the District to the SWRCB in October 2001 and revised in September 2003. The SWRCB noticed the District’s Petitions on April 15, 2005. The District prepared formal responses to NMFS and CDFG protests in mid-June and July 2005, respectively. The District worked extensively with NOAA and CDFG through September 2007 to resolve water rights issues and also address CAW concerns (CAW and MPWMD had previously agreed to share water rights for the Phase 1 ASR Project). A mutually satisfactory resolution of agency and CAW concerns finally occurred in mid-September 2007, just before the scheduled September 24, 2007 SWRCB hearing, which was cancelled when the protests by CDFG and NMFS were withdrawn. This delay did not affect ASR water diversions in Water Year 2007 due to the critically dry streamflow conditions, which presented minimal opportunity to use the water rights permit, had it been issued.
On June 30, 2008, the District
submitted a petition to change its existing Permit #20808B to serve Phase 2 of
the ASR Project. This petition was
noticed by the SWRCB in January 2009 with a protest deadline of February 19,
2009. Three entities filed protests:
CAW, NMFS, and Carmel River Steelhead Association (CRSA). CRSA’s protest was initially not accepted by
SWRCB, but was subsequently accepted on August 31, 2009 based on additional
protest wording submitted by CRSA.
District staff responded to the CAW and NMFS protests in March 2009. The multi-month effort to obtain a settlement
agreement with CAW and NMFS began in mid-2009. CAW withdrew its protest in letters dated September
29, 2009.
District staff continues to
coordinate with CAW and SWRCB staff regarding water rights associated with the
New Los Padres Reservoir Project (issued in 1995). The reservoir water rights are relevant as
they are the basis for the Petitions for Change described above. The District submitted a July 2006 petition requesting
an extension of time for the reservoir permits to maintain the water rights
associated with them. Five objections
were filed from entities including: CAW, CDFG, Carmel River Steelhead
Association, Esselen Tribe of
OTHER WATER SUPPLY ACTIVITIES
Though not formally a part of the Strategic Plan Water Supply objectives, the following relevant water supply activities continued in the July-September 2009 period:
Participation in CPUC Coastal Water Project Approval Process,
Including CEQA Review
Action in July-September 2009: Please refer to Objective LS6 for MPWMD activities
related to the Coastal Water Project and Regional Project.
Discussion/Background: District staff has met with and assisted CPUC
staff and consultants since mid-2006 to help the CPUC better understand
existing and future community needs, and how those needs may relate to the
Coastal Water Project proposed by CAW as well as various potential
alternatives. The CPUC issued a Notice
of Preparation (NOP) of a Draft Environmental Impact Report (EIR) for the CWP
on September 29, 2006, which will include information on alternative
desalination facilities to the plant proposed at Moss Landing. Beginning in January 2007, the DRA began
monthly meetings with a variety of agencies and public interest groups to
review alternatives to the CWP to serve as a regional water supply project (or
combination of projects) for northern
The primary components of the
CWP are a 10 million-gallon-per-day (mgd) desalination project at Moss Landing,
a conveyance pipeline to the
At its March 27, 2008 special
workshop on water supply alternatives, the District Board heard a presentation
on the “Sustainable Water Supply Program for Monterey County,” a conceptual
regional plan that has been developed by the Regional Plenary Oversight Group
(REPOG), sponsored by the CPUC/DRA. The
“Sustainable Water Supply Program for
Conduct ASR Operations
in 2009
Action in July-September2009: Diversions ended in early April 2009 due to
inadequate streamflow, with a total of 182 AFY as of April 9, 2009. District staff and consultants are preparing
end-of-water year reports from the ASR operations for the current water year
(October 1, 2008 through September 30, 2009).
Discussion/Background:
Since 1996, the District has evaluated the feasibility of ASR at greater
levels of detail, including obtaining annual temporary water rights to divert
water from the
It is notable that
With the extensive rains in February 2009, diversion of
In late May and early June 2009, staff and consultants
submitted application materials to the City of Seaside Board of Architectural
Review (BAR) and met with city planning staff regarding the planned new
“Chemical/Electrical” building that is to be constructed at the Phase 1 ASR
site on the east side of General Jim Moore Boulevard. The submittal included architectural sketches
of two design options for the building and the entry gate to the facility. The application was considered by the
Seaside BAR on June 18, 2009. The BAR added several conditions to their
selected Spanish-style design option in order to blend the design with the
surrounding area. The site’s water use for landscaping will be provided
through an existing service connection with the Marina Coast Water District
(the water service provider for the former
Participate in
Action in July-September 2009: District staff and consultants continue to carry
out the many contractual tasks approved by the Watermaster in December 2008 for
implementation of
Discussion/Background: The adjudication of the
A nine-member Watermaster Board
was created to implement the Decision with continued oversight by the
Court. The MPWMD holds one seat on the
Watermaster with two out of 13 votes. MPWMD
Director
On May 6, 2009, the Watermaster
approved a declaration that no replenishment water is available to offset
over-production in excess of the operating yield for the
http://www.seasidebasinwatermaster.org/Agenda.pdf/5-6-09%20WM%20Board%20Pkt..pdf
In June 2007, District staff
delivered several database products to the Watermaster and its consultants
under the District’s Phase 1 contract on the Watermaster’s Seaside Basin Monitoring and Management
Program (SBMMP). This work is part of an effort to build a
comprehensive groundwater resources database to support various Watermaster
uses. The next major element of work for the District under this contract
included assistance in preparing analyses, based on data that have been
collected by the District and others, of the current status of seawater
intrusion potential and tracking in the
Beginning in July 2007, District staff worked with the consulting team headed by RBF Consulting to gather various sources of well data to facilitate development of the Watermaster’s groundwater resources database. District staff also assisted with the implementation of the seawater detection and tracking portion of the Seaside Basin Monitoring and Management Plan (SBMMP).
A specific budget for MPWMD professional services for Phase 2 of the SBMMP was approved by the Watermaster Technical Advisory Committee on November 14, 2007, and by the full Watermaster Board on December 5, 2007. The MPWMD Board approved the agreement on December 10, 2007, which includes a budget of $83,800 for MPWMD staff and consultants to provide a variety of technical hydrologic services during the 2008 calendar year related to groundwater monitoring, prevention of seawater intrusion and action plan development. The work to be performed includes:
Integrated Regional Water Management (IRWM) Planning
Action in July-September 2009: District
staff continues to work with IRWM partners to obtain state funding for local
programs. The
Discussion/Background:
District staff led the effort to obtain $497,000 of Proposition 50 grant
funds to prepare an Integrated Regional Water Management Plan (IRWMP) for the
In June 2009, District staff traveled to
Other Related Action
The following table summarizes other related District efforts relevant to overall water supply:
|
ACTIVITY |
ACTION |
|
Seismic Retrofit and Sediment Removal from |
District staff participated fully in
the EIR/EIS process on the seismic retrofit of San Clemente Dam, including
submittal of extensive technical comments on the Draft EIR/EIS issued in
April 2006. The Final EIR/EIS was certified by DWR on December 31, 2007. District staff also participates in
technical meetings and provides technical expertise upon request. District
staff efforts in 2008-2009 continued to focus on concepts to address
sedimentation and fish passage issues, including removal of the current dam
in an effort led by the California Coastal Conservancy. On February 20, 2009, CAW announced its
decision to withdraw from cooperative efforts to remove San Clemente Dam. At
its March 26, 2009 meeting, the District Board directed staff to write a
letter supporting further pursuit of the dam removal alternative. Discussions to reconsider the dam removal began
again in Summer 2009. |
|
Implement and Refine Water
Distribution System (WDS) Rules and Regulations. |
Ordinance
No. 122 refining the Water Distribution System (WDS) process became effective
on September 14, 2005. The ordinance
created a Pre-Application process for all new wells in the District along
with an impact-based, multi-level permit process, based on the size, location
and water use of affected parcels.
Staff and consultants continue to refine Implementation Guidelines to
accompany the ordinance and improve public outreach, especially via the
District website. A total of 26
Applications and 36 Pre-Applications are currently at various stages in the
permit process. In October 2006, the
Board confirmed the environmental review and permit protocol for applications
that include wells located in the Carmel Valley Alluvial Aquifer. This entails more rigorous review based on
letters received from NMFS and CDFG on the cumulative impacts on water
extractions from the |
|
Review CEQA Documents for Other
Projects |
The
District logs incoming CEQA notices and comments on selected documents
prepared by other agencies for substantive projects within the District
boundary that could potentially affect water supply, water quality or
environmental resources managed by the District. Major projects of interest this quarter
include: September Ranch Subdivision. |
U:\staff\word\boardpacket\2009\20091019\InfoItems\21\item21.doc