ITEM:
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INFORMATIONAL ITEMS/STAFF REPORTS
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21.
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QUARTERLY WATER SUPPLY
PROJECT STATUS REPORT
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Meeting Date:
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October 17, 2011
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Budgeted:
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N/A
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From:
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David J. Stoldt,
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Program/
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N/A
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General Manager
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Line Item No.:
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Prepared By:
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Henrietta Stern
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Cost Estimate:
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N/A
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General Counsel
Review: N/A
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Committee
Recommendation: N/A
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CEQA Compliance: N/A
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This is a quarterly report on Monterey Peninsula Water Management District water supply augmentation projects for the July through September 2011 period. Quarterly updates are prepared for the January, April, July and October regular Board meetings. The next quarterly report will be prepared for the January 2012, Board meeting. Starting with the January 2010 report, limited background information is provided, unless essential for clarity. The reader should refer to previous reports through October 2009 for a detailed historical overview of previous action. The General Manager provides a brief summary of water supply efforts at each monthly 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.
For additional historical information, please refer to the MPWMD Board Special Workshop on water supply alternatives that was held on March 27, 2008, which provided pertinent background information. Please refer to the District website at:
http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2008/20080327/0327agenda_rev.htm
The most recent special workshop on water supply options was held on August 25, 2011. This included a review of the amount of new supply needed to meet reductions in available supply due to State Water Resources Control Board (SWRCB) restrictions on Carmel River supply and Superior Court restrictions on the seaside Groundwater Basin supply, as well as an overview of the five water supply projects currently pursued by the District. Given uncertainties associated with the Monterey Bay Regional Desalination Project, many members of the public have asked what combination of smaller projects could meet community needs if the Regional Desalination Project was not completed in a timely manner or was terminated. Alternatively, if the Regional Desalination Project goes forward, these smaller projects could provide water for construction on legal lots that would not be served by the Regional Desalination Project ( the first phase of the Regional Water Project only legalizes the existing supply). Please refer to the District website at:
http://www.mpwmd.dst.ca.us/asd/board/boardpacket/2011/20110825/20110825_agendaV2.htm
For the past several years, the MPWMD Board has identified water supply goals and objectives at Strategic Planning Workshops. On March 31, 2011, the Board held its most recent Goal Setting Session. At its April 18, 2011 meeting, the Board adopted five Water Projects that the District should pursue, with consideration to budget limitations, as follows:
WATER PROJECT |
OBJECTIVES |
WP1 (formerly called Aquifer Storage and Recovery [ASR] Phase 1; new groundwater supply in Seaside Basin) |
Inject at least 1,111 acre-feet (AF) of water from the Carmel River into the Seaside Groundwater Basin in 2011 season (assuming adequate stream flow), with infrastructure in place to enable operation at full capacity. |
WP2 (formerly called ASR Phase 2; expanded storage) |
Complete project and expand ASR production by at least 500 AF to meet October 2011 deadline included in SWRCB Cease and Desist Order (CDO). |
WP3 (local desalination) |
Assess the potential for development of local desalination facilities with the goal to establish a contingency project if the Regional Desalination Project is delayed; analyze options, including a site at the Naval Support Activity Monterey (near the Naval Postgraduate School), as well as funding sources. |
WP4 (replenish groundwater with highly purified recycled water) |
Support the Monterey Regional Water Pollution Control Agency’s (MRWPCA) Groundwater Replenishment Project, including cooperation on public outreach and a pilot project. |
WP5 (Los Padres Dam) |
Investigate Los Padres Reservoir capacity expansion, including a preparation of technical evaluation (“white paper”). Options include dredging or seasonal raising of the spillway level via a “rubber dam.” |
The following table highlights action in meeting the stated objectives in the past quarter(s). Subsequent paragraphs provide more detailed information as well as background for clarity.
WATER PROJECT |
JULY-SEP 2011 ACTION |
WP1 (ASR Phase 1) |
Achieved
goal by injecting 1,117 AF in 2011 season; completed construction of
Chemical-Electrical building; permanent power installation underway in coordination with
PG&E; continued
coordination with California American Water (CAW) on system operation and
capacity, pipeline easement, ownership/operations. |
WP2 (formerly called ASR Phase 2) |
Completed Seaside Middle School Well #1; received final draft of SWRCB water rights permit; continued coordination with CAW re: infrastructure needs to enable operation at full capacity. Injection capacity to store an additional 500 AF should be feasible in the 2012 season, in compliance with the SWRCB’s CDO. |
WP3 (local desalination) |
Met with representatives from U.S. Navy and City of Monterey regarding use of abandoned treatment plant on Del Monte Beach; prepared schematic concepts of proposed plant; meeting with Coastal Commission and Monterey Bay National Marine Sanctuary planned soon. |
WP4 (replenish groundwater with highly purified recycled water) |
Continued efforts to prepare a cooperative agreement for approval by both boards. MRWPCA plans another round of opportunities for community leaders to visit the Orange County Water District (OCWD). |
WP5 (Los Padres Dam) |
Obtained information on potential new standards for estimating the Probable Maximum Flood and from the National Marine Fisheries Service about potential new requirements for fish passage improvements. |
The
following paragraphs provide background information for each water project.
Water Project 1 (Phase 1 ASR)
Water Project 1 is a cooperative effort with California American Water (CAW) that 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 via two MPWMD wells for later recovery in dry periods. The two wells are now called “Santa Margarita Well #1” and “Santa Margarita Well #2.” District and CAW staff and consultants regularly meet to coordinate roles, responsibilities and tasks needed to enable operation of Water Project 1 at full capacity.
The Final Environmental Impact Report (EIR) for Water Project
1 estimated 920 AFY as the long-term average project yield. In 2010, 1,111 AF were diverted and injected,
which significantly exceeded the old record of 411 AF in Water Year (WY)
2006. 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 SWRCB
water rights permit.
Injection in 2011 typically was at
a rate of 11.5 AF/day, which is roughly double the 5-to-7 AF/day achieved in
2010. The increased performance was
attributable in part to improvements in the CAW water delivery system, including
specific pipelines and pressure reduction devices. Also, in early 2011, Well #2 was
rehabilitated, and now operates more efficiently in conjunction with Well
#1. This rate is not at maximum
capacity, but is considered reasonable given the constraints of the CAW system
at the present time.
Efforts
in July-September 2011 included specification and purchase of permanent power
equipment, in coordination with PG&E, for installation at the newly
completed Chemical/Electrical building at the Water Project 1 site. 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 pipelines that will help maximize injection in the future. FORA approved a Reimbursement Agreement but
compliance with FORA’s Right of Entry (ROE) is still pending. This process entails possible additional
clearance of the land for potential munitions and other activities. The City of Seaside process entails a change
in land use designation by its Redevelopment Agency, which has been affected by
the State’s actions to suspend Redevelopment Agency functions statewide.
District and CAW staff and consultants continue to meet regularly to move the project forward. The District helped CAW obtain approval from the California Department of Public Health so that the injected water may be delivered to CAW customers. District staff and consultants are currently preparing the annual Water Project 1 report for Water Year 2011. This includes a field report confirming that diversions for Water Project 1 have not impeded fish passage, based on a series of observations of critical riffles river conditions at various flow rates.
Water
Project 2 (Phase 2 ASR)
Well Construction and Easements: Water Project 2, when completed, is expected to yield an additional 1,000 AFY, with each well producing 500 AFY. MPWMD and CAW continue to work in partnership 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 conditions 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 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, but CAW could not work to complete the last section of pipeline to
the site until August 2011, after escrow closed on the easement. District staff and consultants installed the
Well #1 well head piping, regulating valves, and underground electrical
utilities. A temporary pipeline from the
Water Project 2 site to the Water Project 1 site for back-flushing is pending
FORA’s approval of the ROE as described above in Water Project 1.
In a related matter, the District and CAW negotiated on a reimbursement agreement for MPWMD’s expenses (not to exceed $2,500,000) 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. The first payment of $1.1 million was received in June 2011, and a second payment of $164,000 is pending.
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 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 flow criteria.
In April 2011, the District received a draft water rights permit for Water Project 2 from the SWRCB. Both District and CAW reviewed the draft and had minimal comment. Based on phone conversations with SWRCB staff, the final permit was expected in late summer 2011, but has not been received to date. In a related matter, District staff and consultants prepared initial drafts of the project description and hydrogeologic information to be included in a technical addendum to the original Environmental Impact Report (EIR) on Water Project 1. For reference, work to date has been under a CEQA exemption for a test project; the additional environmental review is focused on 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 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 in early 2011 in the City of Monterey helped 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.
Given uncertainties about the Regional Desalination Project that emerged in summer 2011, District staff and board chairperson Brower have engaged CAW and local property owners in discussions about additional pipeline capacity to move more water from Carmel Valley wells to the Water Project 1 and 2 injection sites in Seaside.
Water
Project 3 (Local Desalination)
In fall 2009,
District consultants completed hydrogeologic field work and laboratory analyses
along the
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 desalination projects
within the District boundary. The
District Engineer continues to lead this effort. To date, District staff has met with
representatives of the Monterey Bay National Marine Sanctuary,
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
spring 2011, the District focused on meetings with Naval Support Activity
Monterey about the possibility of developing a desalination project at the
abandoned City of Monterey wastewater treatment plant site on Del Monte Beach that
is now owned by the U. S. Navy. At
the May 4, 2011 WSP Committee meeting, Director Brower indicated that he met
with Captain Gerral David and Commander Matthew McCann on April 18,
2011. Captain David indicated that the
local Navy administration supports working with the District on development of
a site plan that would meet the needs of the Navy and the District. The Navy is concerned that underwater sonar
it operates at that site could be incompatible with seawater intake. The water tank height would also need to be
adjusted. No determination has been made
as to whether the Navy would lease or grant the property to the District. The Navy would consider receipt of an
allocation of water from the project as payment for use of the property.
On May 20, 2011, District staff again met with NPS staff and received a site tour from their Public Works Officer. Follow-up activities are in progress.
Regarding
development of a desalination project in Sand City, Director Pendergrass stated
at the May 4, 2011 WSP Committee meeting that the City of Sand City was granted
a right to all brackish water within the city boundaries, and that development
of additional desalination facilities is infeasible. District staff noted that the Seaside
Groundwater Basin Adjudication decision did grant the City of Sand City the
right to brackish water for its desalination facility, but the decision did not
quantify the amount of brackish water available to the City. The District Engineer noted that until a
study site is chosen and the source of brackish or sea water is determined, it
is premature to develop cost estimates for a desalination project in Sand City.
In a
related matter, representatives from Deep Water Desalination made a
presentation to the WSP Committee at its June 21, 2011 meeting regarding their
proposal for development of a desalination project in Moss Landing that would
utilize intake water withdrawn from the deep water canyon near Sandholdt Road
pier. The District was asked to sign a
Memorandum of Understanding with Deep Water Desalination, but review of the
agreement was set aside in September 2011 until issues associated with the
Regional Desalination Project are resolved.
Water
Project 4 (Support MRWPCA Groundwater Replenishment Project)
The MPWMD Board previously
directed staff to assess current status of the Groundwater Replenishment
Project (GRP) proposed by the Monterey Regional Water Pollution Control Agency. Possibilities include purified wastewater for
irrigation only, and/or as potable supply through groundwater injection. District staff continues to assist MRWPCA
staff, as feasible. In a September 2010 presentation,
the MRWPCA General Manager noted that the GRP had been placed “on hold” until
its role in the multi-agency Regional Water Project could be resolved. 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, as feasible given MPWMD budget constraints. The Board directed staff to continue to work
with MRWPCA to encourage wastewater recycling, including outreach and public
education. A request to co-fund a
technical study is not feasible at this time due to MPWMD budget constraints.
Water
Project 5 ( Investigate Los Padres Reservoir Expansion)
Pursuant to previous direction of the Board, District staff investigated options for increasing storage at Los Padres Dam and Reservoir, which is 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
However, Chairperson Brower indicated in 2011 that he continues to raise this issue with CAW as part of a long-term water supply plan, especially in light of the environmental benefits of stream flow releases from Los Padres Reservoir in the summer and fall months as well as uncertainties associated with the Regional Desalination Project.
Other Relevant Action Affecting Water Supply
Regional Water Project
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 Marina Coast Water District (MCWD) in north Marina, in concert with CAW and Monterey County Water Resources Agency (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 Desalination 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.
Since January 2011, District staff has tracked the RDP’s progress. Delays due to financing and conflict of interest allegations have occurred, and Monterey County counsel has asserted that certain agreements are not valid. A variety of charges and counter-charges have been filed by the project partners (CAW, MCWD and MCWRA) and CAW filed a notice of default against its partners. Also, the MCWD was sued by the Ag Land Trust over alleged CEQA violations and water rights issues. Given this uncertainty, many members of the public have proposed alternative solutions and asked the District and CAW to develop a contingency plan to pursue in case the Regional Project does not go forward.
Seaside Basin Adjudication
The District reports monthly on
CAW’s compliance with the Adjudication limits in the
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
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
On April 22, 2010,
the
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 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 made 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.
San Clemente Dam Removal and
River Reroute
District staff has participated
in workshops and discussions regarding the removal of San Clemente Dam since
1998. 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
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