ITEM:		ACTION ITEM
32.	CONSIDER APPROVAL OF LETTER TO THE STATE WATER RESOURCES CONTROL BOARD ON THE 1000AF PENALTY ON WITHDRAWALS FROM THE CARMEL RIVER
Meeting Date:			June 21, 2021	Budgeted:	N/A
From:			David J. Stoldt,	Program/	N/A
			General Manager	Line Item No.: N/A
Prepared By:			David J. Stoldt	Cost Estimate:	N/A
General Counsel Review: 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: On December 23, 2020 the District sent a letter to the State Water Board (SWRCB) protesting the reduction in the Effective Diversion Limit (EDL) on California American Water’s (Cal-Am) withdrawals from the Carmel River. That protest was based on a failure of the SWRCB to evaluate the cause of a missed “milestone” under the Cease and Desist Order (CDO) and failure to recognize due process rights of all Applicants in the 2016 modification of the CDO.

The District’s letter was in response to a November 17, 2020 letter from the SWRCB formally acknowledging a reduction in the EDL, as well as an October 21, 2020 Cal-Am letter acceding to a reduction in the EDL.

In the ensuing five months since the District’s letter, the SWRCB has not responded. The letter attached as Exhibit 32-A is proposed follow-up correspondence to the SWRCB. This letter was reviewed by the Water Demand Committee at its June 3, 2021 meeting and the Committee recommended bringing it to the full Board.

EXHIBIT

32-A Draft Proposed Letter to SWRCB

U:\staff\Boardpacket\2021\20210621\Action Items\32\Item-32.docx