ITEM: |
ACTION ITEM |
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14. |
CONSIDER RESPONSE TO STATE WATER RESOURCES
CONTROL BOARD REGARDINGREDUCTION IN EFFECTIVEDIVERSION LIMIT UNDER THE CEASE
AND DESIST ORDER |
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Meeting Date: |
December 14, 2020 |
Budgeted: |
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From: |
David J. Stoldt, |
Program/ |
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General Manager |
Line Item No.: |
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Prepared By: |
David J. Stoldt |
Cost Estimate: |
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General Counsel Approval: N/A |
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Committee Recommendation: None |
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CEQA
Compliance: This action does not constitute a project
as defined by the California Environmental Quality Act Guidelines Section
15378. |
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SUMMARY: On
November 17, 2020 the State Water Resources Control Board (SWRCB) issued a
letter to California American Water (Cal-Am) stating that ”regardless of
control or fault, the 1,000-acre-foot Effective Diversion Limit reduction is an
appropriate and intended consequence of Cal-Am’s missing Milestone 5.”[1] The District and the Monterey Peninsula
jurisdictions, and others, were copied on the letter. The letter is attached as Exhibit 14-A.
The letter appears to be in response to an October 21, 2020 letter by
Cal-Am to the SWRCB, Exhibit 14-B,
which included several spurious and debunked claims, as well as the outrageous
accusation that the District was the cause of missing Milestone 5.
Staff has prepared a draft response to the SWRCB attached hereto as Exhibit 14-C.
RECOMMENDATION: The
Board should review the draft response, make changes if recommended, and
consider authorizing the General Manager to send to the SWRCB.
EXHIBITS
14-A November 17, 2020 letter from SWRCB to Cal-Am
14-B October 21, 2020 letter from Cal-Am to SWRCB
14-C Draft response by District to SWRCB
U:\staff\Boardpacket\2020\20201214\ActionItems\14\Item-14.docx