ITEM:		ACTION ITEMS
23.	CONSIDER ADOPTION OF RESOLUTION 2010-06 MODIFYING RULE 162 – REGULATORY WATER PRODUCTION TARGETS FOR CALIFORNIA AMERICAN WATER SYSTEMS
Meeting Date:			May 17, 2010	Budgeted:	N/A
From:			Darby Fuerst,	Program/	N/A
			General Manager	Line Item No.:
Prepared By:			Darby Fuerst	Cost Estimate:	N/A
General Counsel Review: N/A
Committee Recommendation: N/A
CEQA Compliance: N/A

SUMMARY: District Rule 162 specifies the regulatory water production targets that are used in the District’s Expanded Water Conservation and Standby Rationing Plan to trigger higher stages of water conservation to ensure California American Water (Cal-Am) compliance with the production limits set by State Water Resources Control Board (SWRCB) Order 95-10 and the Seaside Groundwater Basin adjudication decision, as amended. Specifically, Table XV-1 in Exhibit 23-A shows monthly and year-to-date at month-end targets for all Cal-Am systems that derive their source of supply or rely on production offsets from the Monterey Peninsula Water Resource System (MPWRS). Similarly, Table XV-2 in Exhibit 23-A breaks out monthly and year-to-date at month-end targets for Cal-Am systems that derive their source of supply from the Laguna Seca Subarea of the Seaside Groundwater Basin, which is part of the MPWRS.

Rule 162 authorizes modifications to Tables XV-1 and XV-2 to account for changes in the amount of water that Cal-Am is allowed to divert from the Carmel River System under SWRCB Orders and the amount of water that Cal-Am is allowed to produce from the Seaside Groundwater Basin under the Seaside Basin Decision, as administered by the Seaside Basin Watermaster. Any modifications to these tables must be made by Board resolution.

On October 20, 2009, the SWRCB adopted Order WR 2009-0060 which requires Cal-Am to reduce its previously-allowed annual diversion from the Carmel River of 11,285 acre-feet to no more than 10,429 acre-feet in Water Year 2010. The ordering paragraphs of Order WR 2009-0060 are included as Exhibit 23-B; see paragraph 3.a.(1). At the request of the District, Order WR 2009-0060 was stayed by the Monterey County Superior Court on November 3, 2009. However, on April 22, 2010, following a change in venue, the Santa Clara County Superior Court lifted the stay and Order WR 2009-0060 became effective.

Resolution 2010-06 (Exhibit 23-A) modifies Table XV-1 and XV-2 of Rule 162 to account for the reductions in allowable diversions by Cal-Am from the Carmel River in Water Year 2010 that are required in SWRCB Order WR 2009-0060.

RECOMMENDATION: District staff recommends adoption of Resolution 2010-06 (Exhibit 23-A) modifying Rule 162.

EXHIBITS

23-A Resolution 2010-06 Modifying Rule 162 – Regulatory Water Production Targets for California American Water Systems

23-B Ordering Paragraphs of SWRCB Order WR 2009-0060

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