MPWMD BOARD MEETING--APRIL 18, 20111--ITEM 27--QUARTERLY WATER SUPPLY PROJECT STATUS REPORT

The Final EIR for CAW’s proposed Coastal Water Project (CWP) was certified by the California Public Utilities Commission (CPUC) in December 2009. A combination of projects, known as the Regional Water Project (RWP), was identified as the preferred alternative. The RWP features a 10 million gallon per day (MGD) desalination project to be constructed by MCWD in north Marina, in concert with CAW and MCWRA, along with aquifer storage and recovery and recycled wastewater components. As described in more detail in the January 2011 quarterly report, MPWMD participated in the CPUC process since fall 2009. MPWMD supported the RWP, but not the Water Purchase Agreement (WPA) due to inadequate protection of Peninsula ratepayers.

As described in the January 2011 quarterly report, several variations of a CPUC Proposed Decision were released in October-December 2010. On December 2, 2010, the full Commission adopted Commissioner Bohn’s revised Alternative Proposed Decision, which approved the Regional Project, adopted the Settlement Agreement, including the Water Purchase Agreement with minimal changes, and issued a Certificate of Public Convenience and Necessity (CPCN) for CAW’s proposed facilities. The Commission’s decision became effective December 2, 2010. As adopted, MPWMD will not have a role on the Advisory Committee for the RWP. MPWMD is pleased that Peninsula Cities have been granted a role on the Advisory Committee to better ensure ratepayer representation. The District will continue to work cooperatively with CAW and other entities to meet future water supply needs and enhance environmental protection.

In January-March 2011, District staff and counsel tracked development regarding the RWP. Delays due to financing question have occurred, and the MCWD was sued by the Ag Land Trust over alleged CEQA violations.

Goal 2: For Water Project 1, formerly called the Aquifer Storage and Recovery (ASR) Phase 1 Project), (a) inject at least 500 acre-feet (AF) of water in the 2010 season (assuming adequate stream flow), with infrastructure in place to enable 100% efficiency, and (b) determine the full project completion date. The Board amended this goal in December 2010 to inject at least 1,111 AF in year 2011, and thus better the 2010 record.

Water Project 1 entails diverting excess water flows, if available, in the winter season (December 1 through May 31) from the Carmel Valley Alluvial Aquifer (CVAA) through existing CAW facilities and injecting the water into the Seaside Groundwater Basin for later recovery in dry periods. District staff regularly meets with CAW consultants and staff to coordinate roles, responsibilities and tasks needed to enable operation of Water Project 1 at full capacity.

As of May 31, 2010, a record-setting 1,111 AF were diverted and injected. This was the largest volume of ASR injection in any one year since the program began in 1998, and smashed the old record of 411 AF in Water Year (WY) 2006. The cumulative injection total into the Seaside Basin through May 2010 was 3,228 AF.

In December 2010, the Board set a goal to exceed the WY 2010 mark, weather and stream flow permitting. The new injection season for WY 2011 began on December 1, 2010 pursuant to the State Water Resources Control Board (SWRCB) water rights permit. Carmel River flow increased with heavy rains in mid-December, and the first diversion day occurred on December 21, 2010. Diversion continued until January 17, 2011, when river flow fell below the required amount after several weeks of dry weather. Renewed rainfall in February 2011 enabled diversions to continue since February 16, 2011 (except for one day in mid-March). By March 31, 2011, the total seasonal amount was 556 AF, with injection typically at a rate of 11.5 AF/day. This is roughly double the 5-to-7 AF/day achieved in 2010. The cumulative injection total into the Seaside Basin through March 2011 was 3,783 AF.

It is noted that the increased performance is due to improvements in the CAW water delivery system, such as specific pipelines and pressure reduction devices. Also, in December 2010-January 2011, Well #2 was rehabilitated, and now works in conjunction with Well #1.

Efforts in January–March 2011 also focused on completion of construction of the Chemical/Electrical building at the Water Project 1 site. Equipment installation is planned in Summer 2011. The District and CAW continue to work with the Fort Ord Reuse Authority (FORA) and the City of Seaside on easements for a strip of land that is needed for a pipeline that will help maximize injection. This process entails additional clearance of the land for potential munitions and other activities.

District and CAW staff and consultants continue to meet regularly to move the project forward. The District has assisted CAW in its efforts to obtain approval from the Regional Water Quality Control Board and the California Department of Public Health so that the water may be delivered to CAW customers. District staff and consultants also prepared the annual Water Project 1 report for year 2010. For 2011, the report will include confirmation that diversions for Water Project 1 have not harmed fish habitat, based on a series of observations of the river at various flow rates.

Goal 3: For Water Project 2 (formerly known as ASR Phase 2), determine the timetable for project development/completion.

Well Construction and Easements: MPWMD and CAW continue to work in partnership on Water Project 2 regarding new wells and associated CAW infrastructure necessary to deliver and extract the water. Results of an initial test well drilled in 2009 were positive; MPWMD then constructed and tested a full-scale test well in August 2010. This well is currently known as “Seaside Middle School Well #1.” This well is significant as it should satisfy one of the components of SWRCB Order WR 2009-0060 (Cease and Desist Order) that requires CAW to implement one or more “small projects” by the end of 2011 that produce at least 500 AFY to reduce unlawful diversions from the Carmel River.

As described in the January 2011 quarterly report, the project timeline was delayed due to extended negotiations leading to approval by the Monterey Peninsula Unified School District (MPUSD) of a long-term easement with CAW for a portion of the Seaside Middle School property to be used as for well construction (Well #1 and a future Well #2). The easement approval was critical because connection of the CAW pipeline essential for full-scale injection testing was delayed until the easement issue was resolved. On January 24, 2011, the MPUSD approved the easement, and CAW is now in the process of completing the last section of pipeline to the site. District staff and consultants installed the Well #1 pump, motor and regulating valves. A temporary pipeline from the Water Project 2 site to the Water Project 1 site is also being constructed to enable back-flushing of the Water Project 2 well to an existing holding basin at the Water Project 1 site.

In a related matter, the District and CAW negotiated on a reimbursement agreement for MPWMD’s expenses (over $1,000,000) associated with Water Project 2. The District Board approved the agreement at its January 27, 2011 meeting, followed by approval by CAW. The agreement was executed on February 28, 2011.

Water Rights: A second major issue affecting Water Project 2 is water rights. CAW dropped two water rights protests it had previously filed against the District’s applications, and focused on functioning as partners in this effort. Throughout 2010, MPWMD and CAW staff and attorneys have met either separately or together with protestants National Marine Fisheries Service (NMFS) and the Carmel River Steelhead Association (CRSA). On November 24, 2010, NMFS transmitted a letter withdrawing its water rights protest, based primarily on the inclusion of recovery rules in the operations scenario. CRSA similarly withdrew its protest on December 24, 2010, based primarily on refined bypass flows.

In January-March 2011, District staff repeatedly contacted SWRCB water rights staff requesting action on a water rights permit. District staff also requested that the California Department of Fish and Game (CDFG) concur in writing regarding the bypass flows that were agreed upon by NMFS and CRSA. No response has been received to date. In a related matter, District staff and consultants are preparing project description and hydrogeologic information to be included in a technical addendum to the original Environmental Impact Report (EIR) on the ASR Phase 1 project. For reference, work to date has been under a CEQA exemption for a test project; additional environmental review is needed for Water Project 2 as a long-term, permanent facility.

CAW Infrastructure: A third issue is the capacity of the CAW distribution system to deliver injection water to the Water Project 2 site. This matter is the subject of ongoing coordination meetings between MPWMD and CAW staff. CAW has indicated that the needed infrastructure upgrades to deliver injection water at full capacity may not be available until the Regional Water Project improvements are in place. In the meantime, pipeline construction by CAW carried out in late 2010 through early 2011 in the City of Monterey will help improve the ability of CAW to deliver injected and stored water from the Seaside Basin wells to a larger area and number of customers in the CAW system.

Goal 4: For Water Project 3 (formerly known as the MPWMD “95-10 Desalination Project”), determine if the Board should continue pursuit of project development.

In fall 2009, District consultants completed hydrogeologic field work and laboratory analyses along the Fort Ord coastline. A technical report on desalination project feasibility was presented to the Board at its December 14, 2009 meeting. The report concluded that the coastal Fort Ord hydrogeology does not support its use as the source of subsurface feedwater for a larger desalination project, and the District should not pursue the project. This is primarily due to the fact that there is not a continuous clay barrier to protect the lower Paso Robles and Santa Margarita aquifers from contamination by seawater extracted for the desalination project. The Board directed staff to provide a description of desalination projects investigated by MPWMD in the past in order to assess whether there are any remaining viable local desalination options within the District. This staff report was provided to the Water Supply Planning (WSP) Committee at its March 8, 2010 meeting. The staff report is provided on the District website at:

http://www.mpwmd.dst.ca.us/asd/board/committees/watersupply/2010/20100308/02/item2.htm.

The WSP committee recommended that staff proceed with investigation of the potential for projects within the District boundary, with emphasis on desalination. The District Engineer continues to lead this effort. To date, District staff has met with representatives of the Monterey Bay National Marine Sanctuary, Naval Postgraduate School, City of Sand City, Pebble Beach Company, CPUC Division of Ratepayer Advocates, City of Santa Cruz, and City of Monterey, and various coastal property owners regarding the potential for desalination projects within the District boundary. A minimum desalination project production goal of 2,000 AFY was set by the WSP committee.

At its November 15, 2010 meeting, the Board received the District Engineer’s assessment of various sites evaluated in August 2008 consultant report titled “Monterey Peninsula Water Management District 95-10 Project Constraints Analysis.” More information is available on the District website at: http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2010/20101115/15/item15.htm.

The WSP Committee meeting agendas and materials are on the website at:

http://www.mpwmd.dst.ca.us/asd/board/committees/watersupply/2011/2011.htm and

http://www.mpwmd.dst.ca.us/asd/board/committees/watersupply/2010/2010.htm.

In January–March 2011, the District Engineer and General Manager engaged in follow-up meetings with property owners in Sand City, the Naval Postgraduate School, and City of Monterey. Interest is focused on four desalination sites: one in Monterey and three in Sand City.

Goal 5: For the MRWPCA Groundwater Replenishment Project (2,000+ AFY), schedule a presentation from MRWPCA to the MPWMD Board on cost, legal issues, timeline and next steps.

The Board directed staff to assess current status of MRWPCA Groundwater Replenishment Project (GRP). Possibilities include purified wastewater for irrigation only, and/or as potable supply through groundwater injection. District staff continues to assist MRWPCA staff, as requested. A presentation by the MRWPCA General Manager, Keith Israel, was made at the MPWMD Board meeting of September 20, 2010. Notably, Mr. Israel noted that the GRP had been placed “on hold” so that MRWPCA can focus on its role in the Regional Project described above in Goal 1. It now appears that the GRP could be part of the “Phase 2” Regional Project. The Board directed staff to continue to work with MRWPCA to encourage wastewater recycling, including outreach and public education. The MRWPCA presentation is available on the District website at:

http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2010/20100920/ppt/7_files/frame.htm

In December 2010, based on the CPUC’s approval of the Regional Water Supply Project, MRWPCA staff indicated a desire to restart work on the GRP as part of Phase 2 of the Regional Project, and requested MPWMD support. At its December 13, 2010 meeting, the MPWMD Board approved issuing a letter to MRWPCA expressing support for further investigation of the proposed GRP and related agency cooperation. The staff report and letter is provided on the District website at:

http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2010/20101213/09/item9.htm and

http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2010/20101213/handouts/item9.pdf.

At its March 31, 2011 Goal Setting Workshop, the District Board reiterated its intent to support reuse of recycled water. MPWMD and MRWPCA will continue to cooperate in the foreseeable future.

Action on Long-Term Goals

3-Year Goal: Resolve Fate of San Clemente and Los Padres Dams

District staff has participated in workshops and discussions regarding the removal of San Clemente Dam for many years. In December 2007, an EIR/EIS on the San Clemente Dam Seismic Safety Project was certified by the California Department of Water Resources (DWR). Efforts to refine the project culminated in a January 11, 2009 signing ceremony, hosted by U.S. Rep. Sam Farr, wherein numerous entities, including the District, pledged cooperation on dam removal and re-routing of the Carmel River. In March 2010, CAW, the California Coastal Conservancy and NMFS formally decided to collaborate on the implementation of Alternative 3 (Carmel River Reroute and Dam removal). One year later, on March 14, 2011, DWR filed a Notice of Determination to approve Alternative 3 and end the CEQA process. This alternative entails dam removal and rerouting via San Clemente Creek, and roughly 900 acres surrounding the dam are slated to be transferred to the federal Bureau of Land Management (BLM). The goal is to complete the project by 2013. District staff has coordinated with various agencies to ensure operations at the Sleepy Hollow Steelhead Rearing Facility are not adversely affected, including a letter mailed to CAW and BLM on January 28, 2011. In a February 7, 2011 reply, CAW indicated that a commitment is premature, but they understood the District’s concern and would work cooperatively toward a resolution. In a related matter, on September 22, 2010, CAW applied to the CPUC for a rate increase associated with the costs of dam removal and rerouting. The total project cost is estimated to be approximately $85 million, of which CAW proposes to fund about $53 million. The remainder is proposed to be funded by a variety of state and federal agencies as well as private foundations.

At the direction of the Board, District staff pursued options for increasing storage at Los Padres Dam and Reservoir, owned by CAW. This effort stalled when CAW responded to District inquiries in an October 5, 2009 letter, which stated that CAW has “no interest” in making modifications to the dam. CAW confirmed its position in September 2010. A written report is provided in the January 28, 2010 agenda packet at:

http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2010/20100128/03/item3.htm

5-Year Goal: Operate Within Safe Yield of Seaside Basin

A Court adjudication of the Seaside Groundwater Basin was completed in March 2006 and amended in February 2007. The Court determined that the Seaside Basin is in overdraft; set a reduced “natural safe yield” and a near-term “operating yield” allowed to be produced by the parties as they work toward a “physical solution” (including ASR and wastewater reclamation) to eliminate the overdraft. 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, and regularly participates at the monthly meetings. The District and its consultants have also been retained by the Watermaster to carry out certain technical tasks to help implement the Seaside Basin Monitoring and Management Program (SBMMP). District staff also contributes by serving as a Technical Committee member.

The District reports monthly on CAW’s compliance with the Adjudication limits in the Seaside Basin. To date, CAW use has been below the limit in the Coastal Subareas, and over the limit in the Laguna Seca Subarea. However, the two may be combined, resulting in total use in the Seaside Basin as below the current limit. Notably, an August 5, 2010 letter from the SWRCB has directed CAW to first maximize use of native water from the Seaside Basin, including carryovers from previous years, then use ASR water as the second source before Carmel River sources are tapped. Thus, the system will be managed to result in actual use just barely under the limit in the Seaside Basin and as much below the Carmel River limit as possible.

Other Relevant Action Affecting Water Supply

SWRCB Cease and Desist Order: On January 15, 2008, the SWRCB issued a draft Cease and Desist Order (CDO) against CAW. The Draft CDO refers to the 1995 SWRCB Order 95-10, and finds that compliance with Order 95-10 (i.e., find a replacement water supply to offset unlawful diversions from the Carmel River Basin) had not been achieved after 12 years. The CDO institutes a series of cutbacks to CAW production from the Carmel River through the year 2016, and prohibits new or intensified connections in the CAW Main System, among other effects. MPWMD and several other parties participated in formal hearings before the SWRCB in the summer of 2008.

After several draft versions, the final SWRCB Board determination on the CDO was issued on October 20, 2009. The District (and other parties) immediately filed suit to challenge this ruling, and the Monterey County Superior Court issued a stay on November 3, 2009. In response to a challenge by SWRCB, the Court ruled on November 23, 2009 that the stay will remain in effect until a hearing in Santa Clara is held on April 22, 2010. The change to Santa Clara was based on a requested change in venue by SWRCB, which was approved by the Court on January 14, 2010. An appeal lodged by the District was not successful.

On April 22, 2010, the Santa Clara Superior Court lifted the stay, that is, determined that the CDO is in effect and will remain in effect until litigation is resolved. District Counsel and staff, at the direction of the Board, has continued to actively participate in litigation on the CDO through the present. In the January-March 2011 period, the District participated in a series of settlement meetings with other litigants, with former Superior Court Judge Richard Silver as the mediator. Final settlement concepts and a meeting with non-SWRCB parties are scheduled in April 2011.

District website includes Answers to Frequently Asked Questions about the CDO (FAQ) with emphasis on District permits, CAW connections, rationing, etc. The most recent version (February 2011) of the FAQ is located at:

http://www.mpwmd.dst.ca.us/CDO/FAQ/CDO_FAQ_20110202_HS.pdf

Moratorium on CAW System: In May 2010, CAW submitted an application to the CPUC requesting a moratorium on new connections in its Monterey District Main System, with certain exceptions. The District has participated in the CPUC process to ensure that exempted areas are clearly identified and the effect on District Water Permit approval procedures is clarified. In August 2010, the CPUC Administrative Law Judge (ALJ) determined that there would be no evidentiary hearing. Instead, opening and reply briefs were lodged in October 2010. A Proposed Decision by the ALJ was issued in January 2011, and the full Commission approved the CAW request on March 24, 2011. CAW has been invited to make a presentation to the District Board at its April 18, 2011 meeting about the ramifications of the moratorium. More information is provided on the District website at: http://www.mpwmd.dst.ca.us/puc/CAWMoratorium_2011/InfoPage.htm.

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ITEM:		INFORMATIONAL ITEMS/STAFF REPORTS

27.	QUARTERLY WATER SUPPLY PROJECT STATUS REPORT

Meeting Date:			April 18, 2011	Budgeted:	N/A

From:			Darby Fuerst,	Program/	N/A
			General Manager	Line Item No.:

Prepared By:			Henrietta Stern	Cost Estimate:	N/A

General Counsel Review: N/A
Committee Recommendation: N/A
CEQA Compliance: N/A

ITEM:

INFORMATIONAL ITEMS/STAFF REPORTS

27.

QUARTERLY WATER SUPPLY PROJECT STATUS REPORT

Meeting Date:

April 18, 2011

Budgeted:

N/A

From:

Darby Fuerst,

Program/

N/A

General Manager

Line Item No.:

Prepared By:

Henrietta Stern

Cost Estimate:

N/A

General Counsel Review: N/A

Committee Recommendation: N/A

CEQA Compliance: N/A