ITEM:		ACTION ITEM
13.	CONSIDER ADOPTION OF RESOLUTION 2018-05 REGARDING STATE WATER RESOURCES CONTROL BOARD ORDER WR 2009-0060
Meeting Date:			March 19, 2018	Budgeted:	No
From:			David J. Stoldt	Program/	N/A
			General Manager	Line Item No.:
			David J. Stoldt	Cost Estimate:	N/A
General Counsel Approval: N/A
Committee Recommendation: N/A
CEQA Compliance: This action does not constitute a project as defined by the California Environmental Quality Act Guidelines Section 15378.

SUMMARY:  At a hearing on July 19, 2016 the State Water Resources Control Board (SWRCB) adopted Order WR 2016-0016 which superseded requirements of Orders WR 95-10, WR 2009-0060 and other SWRCB orders, and extended to December 31, 2021, the date by which Cal-Am must terminate its unlawful diversions from the Carmel River. Order WR 2016-0016 also set an Effective Diversion Limit from the Carmel River of 8,310 AFA starting Water Year 2015-2016.

At the hearing, twenty (20) speakers commented that Condition 2 of Order WR 2009-0060 was not accurately interpreted by Cal-Am and SWRCB; they argued that new guidance was needed to recognize historical property rights and past practice under MPWMD Rules and Regulations. The speakers, as well as SWRCB board members, expressed concern that the SWRCB staff interpretive letter of April 9, 2012 was not in the public record and had not been subject to any public review or hearing process. As such, SWRCB Chief Counsel suggested Section 5.3.1.5 of the July 15, 2016 draft Order be deleted from the narrative. The motion to adopt the proposed Order was amended to direct deletion of Section 5.3.1.5. The motion also directed SWRCB staff to meet and confer with the parties represented by speakers at the hearing and to report back to the board within 60 to 90 days from the date of adoption; SWRCB staff has failed to complete this assignment.

Representatives of MPWMD, together with members of the Monterey Peninsula community, met with SWRCB staff on December 13, 2016. Following that meeting, a specific proposal for interpretation of Condition 2, as well as supporting data, was provided by the District to SWRCB staff in January 2017. Seventeen letters or emails in support of the proposal, and five opposing it, were received by SWRCB. Additional correspondence ensued during 2017. A conference call between Monterey Peninsula representatives and SWRCB staff was held on July 6, 2017, and further supporting material was thereafter provided by the District to SWRCB staff. Since that time, SWRCB staff have failed to provide formal guidance on Condition 2 or make any report to SWRCB board members as explicitly required by the SWRCB Order adopted on July 19, 2016.

This Resolution is to provide formal guidance to Cal-Am and the local jurisdictions on how to interpret Condition 2 consistent with District Rules and Regulations.

RECOMMENDATION:  The General Manager recommends the Board adopt Resolution 2018-05.

EXHIBIT

13-A Resolution 2018-05

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