EXHIBIT 2-A
PRELIMINARY DRAFT ORDINANCE
NO. 142
AN URGENCY ORDINANCE OF THE BOARD OF DIRECTORS OF THE
MONTEREY PENINSULA WATER MANAGEMENT DISTRICT AMENDING
REGULATION XV, THE EXPANDED WATER CONSERVATION AND STANDBY RATIONING PLAN
1.
The
Water Management District is charged under the Monterey Peninsula Water
Management District Law with the integrated management of the ground and
surface water resources in the
2.
The
Water Management District has general and specific power to cause and implement
water conservation activities as set forth in Sections 325 and 328 of the
Monterey Peninsula Water Management District Law.
3.
This
ordinance is enacted to respond to present and threatened water emergencies, as
provided by Section 332 of the District Law.
Water emergencies addressed by this ordinance are created by legal
circumstances which constrain the amount of water that is available to serve
water users in the
4. Since 1999, MPWMD’s Regulation XV, Expanded Water Conservation and Standby Rationing Program, in combination with an extensive public awareness campaign and comprehensive water rate structure for conservation, emergency and rationing rates, has enabled compliance with State Water Resources Control Board (SWRCB) Order No. WR 95-10. The plan also provides the foundation for water rationing in the event of drought or other emergency reductions in water supply.
5.
This ordinance is intended to maintain California
American Water main system and other Water Distribution System production
within the limits set by the State Water Resources Control Board
(SWRCB) and within the limits that may derive from the Decision of the Monterey
County Superior Court in California American Water vs. City of
6. The October 20, 2009 adoption of a final Cease and Desist Order against California American Water requires implementation of Stage 5 Water Rationing. However, the General Manager has credible evidence to support a position that production can be maintained in compliance with the CDO without water rationing. This potential is supported by the previous year’s production, imposition of new rates that will discourage high use, and a plan to focus on high outdoor water users, rather than all Cal-Am customers.
7. This ordinance provides a mechanism to avoid costly water rationing when convincing evidence exists to support the probability that lower stages of the Expanded Water Conservation and Standby Rationing Plan will achieve water use reductions sufficient to comply with a Cease and Desist Order.
8.
Due
to the present threat posed by water supplies recently reduced by action of the
California State Water Resources Control Board, time is of the essence. Accordingly, this ordinance constitutes an
urgency measure which shall have immediate effect on first reading following
its approval by five or more Directors of the Monterey Peninsula Water
8.Management District.
NOW THEREFORE be it ordained as follows:
Section One: Short Title
This ordinance shall be known as the 2009 Urgency Revision to the Expanded
Water Conservation and Standby Rationing Plan of the Monterey Peninsula Water
Management District.
Section Two: Purpose
This ordinance amends the Expanded Water
Conservation and Standby Rationing Plan to provide an alternate response to a
final Cease and Desist Order when there is evidence that compliance can be
achieved by implementing a lower stage of the Plan. This ordinance also clarifies action taken by
the District to enforce Stage 2 Landscape Water Audit and Landscape Water
Budget requirements and Rule 172.
Section Three:
Amendment to Rule 160
Rule 160-A shall be amended as shown below,
with added language as shown in bold italic type face, and deleted
language shown in strikeout type face.
RULE 160 - GENERAL PROVISIONS
A. All Water Users within the Monterey
Peninsula Water Management District shall comply with
the District’s Water Waste and Non-Essential Water Use
prohibitions and the water conservation requirements of Regulations XIV and XV.
Section Four: Amendment to Rule 161
Rule 161 shall be amended as shown below,
with added language as shown in bold italic type face, and deleted
language shown in strikeout type face.
RULE 161 - STAGE 1 WATER CONSERVATION
Stage 1 is the first stage in
the District’s Expanded Water
Conservation and Standby Rationing Plan.
During Stage 1:
A. California American Water shall maintain
its Water Year (October 1 through September 30) production from the Carmel
River System below 11,285 Acre-Feet (20 percent below historical production as
determined in 1995).
B. California American Water shall comply
with production limits imposed by the Seaside Watermaster.
C. California American Water shall obtain
and maintain Water User survey information for its Water Users in compliance
with Rule 170.
D. California American Water, in coordination with the District, shall conduct Landscape Water Audits and establish Landscape Water Budgets for all Water Users subject to Rule 172. By November 1st of each year, California American Water shall review its consumption records for the previous Water Year to identify Water Users required by Rule 172 to have a Landscape Water Budget. Water Users that are required to obtain a Landscape Water Audit and Landscape Water Budget shall be notified by California American Water of this requirement by December 1.
E. All Water Users shall comply with Rule
160.
Section Five:
Amendment to Rule 162-E
Rule 162-E shall be amended as shown below,
with added language as shown in bold italic type face, and deleted
language shown in strikeout type face.
E. ENFORCEMENT OF LANDSCAPE WATER BUDGET
1.
Water use in excess of the established
Landscape Water Budget shall be considered Water Waste.
2.
Failure to file an approved Landscape Water
Audit and Landscape Water Budget as required by Rule 172-B shall be considered
Water Waste.
Section Six: Amendment to Rule 165-A-2
Rule 165-A-2 shall be amended as shown below,
with added language in bold italic type face, and deleted
language shown in strikeout type face.
2. Regulatory Trigger – Legally Ordered
Reduction in Supply
Stage 5 shall be enforced in any
Water Distribution System, including any California American Water subsystem,
when that system is required to comply with a final Cease and Desist Order by
the State Water Resources Control Board, the Seaside Watermaster or any other
final court order that reduces available supplies by:
(a) More than
fifteen percent (15%) but less than thirty-five percent (35%) from pre-1995
production (16,806 AFA) in the Main California American Water System. This shall apply to any Water Distribution
System that relies, in whole or in part, on production or production offsets
from the Main California American Water System, or
(b) More than fifteen
percent (15%) but less than thirty-five percent (35%) from base year production
(the term “base year” shall refer to the Water Year immediately preceding any
triggering order) for any Water Distribution System that does not rely to any
extent upon on production or production offsets from the Main California
American Water System.
(c)
Stage 5 shall not be triggered if the General Manager
determines upon credible evidence that the production targets associated with a
final Cease and Desist Order are likely to be met by adhering to the
requirements of a lesser stage in the Expanded Water Conservation and Standby
Rationing Plan (Regulation XV). The
General Manager shall record this determination and any amendment thereto, by
memorandum which may be appealed to the Board in accord with Regulation VII,
Appeals.
Section Seven:
Amendment to Rule 172
Rule 172 shall be amended as shown below,
with added language as shown in bold italic type face, and deleted
language shown in strikeout type face.
These changes shall also be reflected in the table showing landscape
coefficient factors (species factors) in Rule 172-B-7.
(2) The budget shall include calculations for
each of the following hydrozones
assuming they are present in the landscape.
• Cool season turf (.8)
• Warm season turf (.6)
• All other Medium water using vegetation
(.5)
·
Low
water using vegetation (.3)
Section Eight: Publication and Application
The provisions of this
ordinance shall cause the republication and amendment of the permanent Rules
and Regulations of the Monterey Peninsula Water Management District.
This ordinance constitutes an urgency measure which
provisions shall be given urgency effect at 12:01 a.m., December 15, 2009,
following its approval by five or more Directors of the Monterey Peninsula
Water Management District.
Should the measure be approved by a simple
majority of the Board, a second reading shall be required in January, 2010, before
this ordinance shall take effect.
Section Twenty-Three: Severability
If any subdivision, paragraph,
sentence, clause or phrase of this ordinance is, for any reason, held to be
invalid or unenforceable by a court of competent jurisdiction, such invalidity
shall not affect the validity or enforcement of the remaining portions of this
ordinance, or of any other provisions of the Monterey Peninsula Water
Management District Rules and Regulations.
It is the District's express intent that each remaining portion would
have been adopted irrespective of the fact that one or more subdivisions,
paragraphs, sentences, clauses, or phrases be declared invalid or
unenforceable.
On motion by Director __________, and second by Director ____________,
the foregoing ordinance is adopted upon this ______ day of ________________,
2009, by the following vote:
AYES:
NAYS:
ABSENT:
I, ____________________,
Secretary to the Board of Directors of the Monterey Peninsula Water Management
District, hereby certify the foregoing is a full, true and correct copy of an
ordinance duly adopted on the ________ day of _____________ 2009.
Witness my hand and
seal of the Board of Directors this ________ day of ____________ 2009.
Darby
W. Fuerst, Secretary to the Board
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