EXHIBIT 6-A

RESOLUTION NO. 2008-11

A RESOLUTION OF THE BOARD OF DIRECTORS

OF THE MONTEREY PENINSULA WATER MANAGEMENT DISTRICT

AUTHORIZING A TRANSFER OF FUNDS FROM THE

MITIGATION FUND TO THE CAPITAL PROJECTS FUND

WHEREAS, the Monterey Peninsula Water Management District holds a variety of funds that derive from tax proceeds, user fees, connection charges, special assessments and other revenue sources; and

WHEREAS, separate fund accounts have been established by the Monterey Peninsula Water Management District to ensure accurate records are maintained respecting all District revenues and expenditures; and

WHEREAS, the Monterey Peninsula Water Management District is authorized by statute to establish and maintain separate funds and accounts as it deems necessary to carry out the purposes of the Monterey Peninsula Water Management District Law and the District may establish additional separate funds, as it shall from time to time determine; and

WHEREAS, the Monterey Peninsula Water Management District is authorized by statute to create and administer revolving funds to facilitate and assist in carrying of and completing of any acquisition, work or improvements relating to the purposes of the District; and

WHEREAS, the Monterey Peninsula Water Management District is authorized by statute to transfer funds, for the purposes of a loan or permanently, from one fund to another fund; and

WHEREAS, on April 21, 2008, the Board of Directors voted 7-0 to contract for preparation of a constraints analysis for Monterey Peninsula Water Management District 95-10 Project (a desalination project in the Sand City area); and

WHEREAS, the Board of Directors determined that the $170,000 cost of the constraints analysis for the Monterey Peninsula Water Management District 95-10 Project be funded from the District’s Flood/Drought Reserve; and

WHEREAS, the District’s Flood/Drought Reserve is in the Mitigation fund and the Monterey Peninsula Water Management District 95-10 Project is in the Capital Projects Fund; and

WHEREAS, the purpose of the Monterey Peninsula Water Management District 95-10 Project is to develop a potable water supply to replace Carmel River water use, and to cause a one-for-one reduction in California American Water diversions of illegal water in accord with the requirements of State Water Resources Control Board Order 95-10; and

WHEREAS, the effect of the Monterey Peninsula Water Management District 95-10 Project shall be to mitigate impacts caused by the Carmel River water used by the Monterey Peninsula; and

WHEREAS, the Monterey Peninsula Water Management District Board determines that the use of Mitigation Funds for the District’s 95-10 Project is needed to mitigate the effects of State Water Resources Control Board Order 95-10.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF MONTEREY PENINSULA WATER MANAGEMENT DISTRICT authorizes a transfer of $170,000 from the Mitigation Fund to the Capital Projects Fund; and

RESOLVED FURTHER that this is an appropriate transfer of funds and need not be repaid to the originating fund; and

RESOLVED FURTHER that the Whereas provisions set forth in the Resolution are determined to be true and correct and form a basis for the action authorized by this Resolution.

On motion by Director ___________, and seconded by Director ____________, the foregoing resolution is duly adopted on this 16^th day of June 2008 by the following votes:

AYES:

NOES:

ABSENT:

I, Arlene Tavani, Deputy Secretary to the Board of Directors of the Monterey Peninsula Water Management District, hereby certify that the foregoing is a full, true, and correct copy of a resolution duly adopted this 16^th day of June 2008.

Witness my hand and seal of the Board of Directors this __^th day of June 2008.

_____________________________________

Arlene Tavani, Deputy Secretary to the Board

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