ITEM:		PUBLIC HEARING
17.	CONSIDER FIRST READING OF ORDINANCE NO. 166 AMENDING RULE 11 AND ADDING RULE 23.8 TO ESTABLISH A WATER ENTITLEMENT FOR D.B.O. DEVELOPMENT NO. 30, A CALIFORNIA LIMITED LIABILITY COMPANY
Meeting Date:			November 16, 2015	Budgeted:	N/A
From:			David J. Stoldt,	Program/	N/A
			General Manager	Line Item No.:
Prepared By:			Stephanie Locke	Cost Estimate:	N/A
General Counsel Review: Yes
Committee Recommendation: N/A
CEQA Compliance: MPWMD has determined that a Statutory Exemption applies as defined in CEQA Guidelines Section 15268 (Ministerial Projects), based on previous environmental determinations by the Courts.

SUMMARY: Ordinance No. 166 (Exhibit 17-A) establishes a Water Entitlement for the D.B.O. Development No. 30, a California Limited Liability Company (D.B.O. Development No. 30) of 13.95 Acre-Feet Annually (AFA) (15 AFA of production water) to be used for new and intensified water uses by properties located within the California American Water service area and supplied with water from the Seaside Groundwater Basin. Before water from the D.B.O. Development No. 30 Entitlement becomes available for use, the Board must approve an amendment to the California American Water Water Distribution System. This action will be considered as a separate agenda item at the November 16, 2015, Board meeting.

A Water Entitlement is a discrete quantity of water designated by a District ordinance to a specified Water Entitlement Holder for new or Intensified Water Use. A Water Entitlement Holder assigns water to its subscribers via Assignment Documents that the subscribers then use to obtain Water Use Permits from the District. The Water Use Permit can then be used to permit new or intensified water use up to the amount specified.

CEQA: MPWMD has followed those guidelines adopted by the State of California and published in the California Administrative Code, Title 14, Section 15000, et seq. Specifically, the MPWMD has determined that a Statutory Exemption applies as defined in CEQA Guidelines Section 15268 (Ministerial Projects), based on previous environmental determinations by the Courts. The Monterey County Superior Court concluded that its Adjudication Decision included environmental determinations related to the Seaside Basin and adjudication of the rights therein. The MPWMD action is also consistent with the May 11, 2009 Court Order as confirmed by the Sixth District Court of Appeal, which limits CEQA review of water-related issues to areas other than the Seaside Basin.

RECOMMENDATION: Staff recommends the Board approve the first reading of Ordinance No. 166, establishing a Water Entitlement for D.B.O. Development No. 30, LLC, conditioned on approval of the amendment to the California American Water Company Water Distribution System Permit.

EXHIBIT

17-A Draft Ordinance No. 166

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