EXHIBIT 12-A

RESOLUTION NO. 2012-13

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE

MONTEREY PENINSULA WATER MANAGEMENT DISTRICT

MODIFYING RULE 162 – REGULATORY PRODUCTION TARGETS FOR CALIFORNIA AMERCIAN WATER SYSTEMS

WHEREAS, the Monterey Peninsula Water Management District has developed a set of rules to facilitate compliance by California American Water systems with the regulatory and legal water production limits set by the State Water Resources Control Board and the Seaside Basin Adjudication as administered by the Seaside Groundwater Basin Watermaster;

WHEREAS, District Rule 162 specifies the regulatory water production targets that are used to trigger higher stages of water conservation to ensure compliance with these legal and regulatory water production limits;

WHEREAS, these limits are subject to change by action of the State Water Resources Control Board and Seaside Groundwater Basin Watermaster;

WHEREAS, the State Water Resources Control Board adopted Order WR 2009-0060 on October 20, 2009, which requires California American Water to divert no more than 10,187 acre-feet in Water Year 2013;

WHEREAS, the Monterey County Superior Court adopted an Amended Decision in the Seaside Groundwater Basin Adjudication on February 9, 2007 (California American Water v. City of Seaside, et al., Case No. M66343), which requires California American Water to divert no more than 2,669 acre-feet from the Coastal Subareas and 147 acre-feet from the Laguna Seca Subarea of the Seaside Groundwater Basin in Water Year 2013;

WHEREAS, the Seaside Groundwater Basin Watermaster has not yet determined the amount of carryover credit, if any, that California American Water has from Water Year 2012 that will be available for diversion in Water Year 2013; and

WHEREAS, it is necessary to modify the monthly and year-to-date at month-end water production targets in Tables XV-1 and XV-2 to reflect the projected quantities of production available to California American Water for diversion from the Carmel River and Seaside Groundwater Basins for Water Year 2013.

NOW THEREFORE, BE IT RESOLVED:

1. District staff shall modify Tables XV-1 and XV-2 of District Rule 162 to reflect the projected quantities of production available to California American Water for diversion from the Carmel River and Seaside Groundwater Basins for Water Year 2013.

2. Specifically, District staff shall replace the monthly and year-to-date at month-end values presently shown in Tables XV-1 and XV-2 of Rule 162 with the monthly and year-to-date at month-end values shown on the attached tables (Attachment 1). Note that Table XV-3 is a derivative of Table XV-1 and is included in Attachment 1 as a reference table to clarify the production target maximums for Cal-Am’s Carmel River system sources.

On motion of Director ____________, and second by Director _____________, the foregoing resolution is duly adopted this 17th day of September 2012, by the following votes:

AYES:

NAYES:

ABSENT:

I, David J. Stoldt, Secretary of the Board of Directors of the MPWMD, hereby certify that the foregoing is a full, true and correct copy of a resolution duly adopted on the 17th day of September 2012.

Witness my hand and seal of the Board of Directors, this ______ day of September, 2012.

__________________________________

David J. Stoldt, Secretary to the Board

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