EXHIBIT 25-A
ORDINANCE NO. 124 –
Version 5, June 6, 2006
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE
AMENDING ITS
REGULATION OF WATER
DISTRIBUTION
SYSTEMS (RULE 20-C)
FINDINGS
1. The
Water Peninsula Water Management District (MPWMD or 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 enacted, by ordinance, a set of Rules and
Regulations to implement its statutory authority. District Rule 11 defines the terms used in
the regulation of water distribution systems District Rules 20, 22, 40, 54-56
and 173 further define procedural and substantive rules that regulate these
systems. Although these rules have been
amended from time to time, the fundamental scope of these regulations was first
enacted in the early 1980s. Significant
refinements, changes and additions to the rules and regulations governing water
distribution systems were adopted as part of Ordinance No. 96 in March 2001,
and as part of Ordinance No. 105 in December, 2005.
3. The Water Management District has entered the 1992 Amended
Memorandum of Agreement (MOA) with the Monterey County Water Resources Agency
(MCWRA) and Pajaro Valley Water Management Agency (adopted in 1993) regarding
regulation of the former Fort Ord area, which states in Paragraph 3(a), “The
MCWRA shall have exclusive authority to regulate water delivery systems that
deliver water to the area that is both within the present Fort Ord boundaries
and within the MPWMD boundaries in existence at the time of the regulation, and
the MPWMD will comply with any such ordinance enacted by MCWRA.” The MOA further states in Paragraph 3(b),
“The MPWMD shall have exclusive authority to regulate the management of the
4. This ordinance creates an exemption for
permitting requirements that
apply to water distribution systems solely serving lands in the former
5. Ordinance No. 124 would delete the current exemption (Rule 20-C-11) that does not require a WDS permit “to only construct (but not use) the system components.” District staff has identified tracking and enforcement problems associated with this exemption. A newly constructed well is likely to be used given the expense involved, unless a physical problem precludes use of the well. District Rules already include provisions for monitor wells, inactive wells, abandoned wells and other situations where a newly drilled well may not be used for production over the long-term.
6.
District staff has identified
the need for one new definition and two refined definitions of terms in Rule 11
to foster clarity and accuracy.
7. The
Water Management District Board of Directors determines that this ordinance
will not result in an adverse impact to the environment, based on an Initial
Study and Proposed Negative Declaration filed on April 17, 2006 and adopted by
the Board at its meeting of June 22, 2006.
8.
This ordinance shall amend Rules 11 and
20 of the Rules and Regulations of the Water Management District.
NOW THEREFORE be it ordained as follows:
ORDINANCE
Section One: Short Title
This ordinance shall be known as the Water Distribution System
Regulation Amendment Ordinance (Rule 20-C).
Section Two: Purpose
This ordinance shall revise the permanent Rules and Regulations of the
Water Management District to clarify procedures and exemptions that affect
creation or amendment of water distribution systems.
Section Three: Amendment of Rule 20 (Permits
Required)
District
Rule 20 shall be amended by deleting the following provisions shown in
strikeout text (strikeout), and by adding the following provisions set
forth in italicized and bold face type (bold face).
[There are no changes proposed for Rule 20-A, 20-B, or 20-D.]
C. EXEMPTIONS
FOR WATER DISTRIBUTION SYSTEM PERMIT
An MPWMD water distribution system permit is not required for
the following situations:
1.
For properties that lie outside
the District boundary, where both: (a) the property to be served is wholly
outside of the boundaries of the Monterey Peninsula Water Management District,
and (b) the water source is also located outside of the District boundary.
2.
For properties that
straddle the District boundary, where both : (a) the portion of the property
served by the water distribution system is outside of the District boundary,
and (b) the source of supply is outside of the District boundary.
3. A system that meets all of the following criteria:
(a) well site is located outside of the Carmel River Basin and the derives
its source of supply from within the Carmel River Basin and the Seaside Groundwater
Basin as shown in maps provided in the Implementation Guidelines; (b) property is
comprised of one or two residential parcels totaling less than 2.5 acres in
size; (c) property is located outside of the California American Water (Cal-Am)
service area as shown in maps provided in the Implementation Guidelines
or is not served by Cal-Am as a remote meter; (d) well site is located more
than 1,000 feet from any Sensitive Environmental Receptor as defined in Rule
11; and (e) well site is located more than 1,000 feet from an existing well
that is registered with the District and/or included in the District well
database at the time of the application.
The
4. For a
single-parcel connection system located within the Carmel River Basin that
meets all of the following three criteria: (a) the well location lies outside of
the mapped area 1,000 feet from the Carmel Valley alluvial aquifer or 1,000
feet from Tularcitos, Hitchcock Canyon, Garzas, Robinson Canyon or Potrero
Creeks; (b) a valid well construction permit by the Monterey County Health
Department was issued prior to January 15, 2003; and (3) the applicant makes
the well active, registers the well with MPWMD, meters the well, has the well
inspected by MPWMD, and receives an approved MPWMD Water Meter Installation
Inspection form issued on or before June 30, 2003.
5. To reactivate, refurbish or replace existing
wells that are registered with the District, as defined in Rule 11. To qualify for this exemption, the reactivated,
refurbished or replacement well must have substantially the same purpose and
capacity of the structure replaced. The
replacement structure must be consistent with other MPWMD Rules and
Regulations. This exemption from
the MPWMD permitting process does not affect in any way the applicant’s
obligation to comply with permit requirements by other regional, state or
federal agencies. This exemption shall
not apply to an abandoned well, or replacement of an abandoned well, or wells
that have been inactive for more than 10 years.
6. For on-site
cisterns that serve existing single-parcel connections, (i.e., residential
situations where rainwater is captured for on-site landscape irrigation use).
7. For deliveries of water by commercial companies
in volumes less than or equal to 55 gallons per container.
8. For an
existing or future new irrigation system, owned and operated by MPWMD, which
exists solely to irrigate riparian vegetation in the
9. For an
existing, expanded or new non-MPWMD irrigation system that is served by a well
completed prior to January 15, 2003 with the purpose to irrigate riparian
vegetation in the Carmel River riparian corridor pursuant to conditions of
approval of an MPWMD River Work Permit, a contract with MPWMD, or any other
irrigation use approved by the District.
This exemption does not apply to irrigation projects that are served by
wells completed on or after January 15, 2003.
10. For a water distribution system in existence
prior to April 18, 2001 that is comprised of multiple, contiguous parcels owned
by the same owner. Such a system may be
referred to as “pre-existing multiple-parcel connection system.” However, any amendments to such a water
distribution system on or after April 18, 2001 must be permitted by the
District pursuant to Rule 22.
11. To only
construct (but not use) the system components.
The
District permit enables use of a water well or any other water distribution
system component.
11. For a Water
Distribution System that serves water to Parcels within the Former Fort Ord
Lands within MPWMD, but that does not derive water from the Seaside Groundwater
Basin or the Carmel River Basin, including the
12. Any exemption pursuant to this Rule 20-C,
however, shall not be construed to exempt the facility or its owner/operator
from any other requirement set forth in these MPWMD Rules and Regulations, or
any other regulatory or legal requirement.
Section Four: Amendment of Rule 11
(Definitions)
District
Rule 11 shall be amended by deleting the following provisions shown in
strikeout text (strikeout), and by adding the following provisions set
forth in italicized and bold face type (bold face).
COMPLETION OF A
WELL – “Completion of a Well” shall
means the completion of all physical tasks necessary, so that the
well is producing or is capable of producing ground water, including an
operable pumping facility. This shall
include acquisition of a Monterey County Health Department Water Well
Construction Permit, installation of any water meter(s) required by MPWMD, and
MPWMD inspection and approval of the meter(s). a water well pursuant to a
Monterey County Health Department Division of Environmental Health Water Well
Construction Permit, and the date of completion shall correspond to the “Date
Work Finished” as shown on the State of California Division of Water Resources
Well Completion Report.
FORMER
FORT ORD LANDS WITHIN MPWMD – “Former Fort Ord Lands within MPWMD” shall mean
that area within both the boundary of MPWMD (legal description found in West’s
California Water Code Appendix, Section 118-1 et seq., as amended) and the
boundary of the Former Fort Ord (legal description found in Fort Ord Reuse Plan
or other document authorized by the Fort Ord Reuse Authority.) Detailed Geographic Information System maps
of this area showing affected Parcels are available at the District
office.
MONITOR
WELL – “Monitor Well” shall mean a water well to monitor groundwater level
and/or groundwater quality. The owners
or operators of any formerly active well that is to be converted to a Monitor
Well shall properly register the well by filing forms provided by the District,
including an amended Water Well Registration form. Water shall not be produced from a Monitor
Well without written permission from the District. Exceptions to this restriction may be allowed
for testing to determine water quality or for short-term emergency use, but
only with written consent from the District.
REPLACE A WELL – An active or inactive well is considered to be replaced when a new well is completed in a separate borehole, or when the same borehole is modified, such as by deepening. A replacement well must be located on the same legal parcel as the original well, and may not be located in the riparian zone, as defined by District Rule 11, unless a river work permit has been applied for and issued by the District. The well that is being replaced must be abandoned and destroyed in conformance with local and state well regulations unless it serves as a properly constructed, maintained and registered monitor well. Proper registration means the owner of the well that is being replaced must file an amended Water Well Registration form indicating that the well is a Monitor Well, and must file a completed form provided by the District indicating that no water will be produced from the Monitor Well without written permission from the District.
Section Five: 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.
Section titles and captions are
provided for convenience and shall not be construed to limit the application of
the text.
Section Six: Effective Date and Sunset
This ordinance shall be given effect at 12:01 a.m. on the 30th day following the date of its adoption on second reading.
Section Seven: 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 of Director _________, and second by Director ___________,
the foregoing ordinance is adopted upon this ____ day of ____________, 2006 by the following vote:
AYES:
NAYS:
ABSENT:
U:\Henri\wp\ceqa\2006\WDS2006\ORD124ftord\Ord124txt_V5_FirstRead_060606.doc
V1 Prepared by David Laredo on 1/19/06 with edits by
DAB/HS 1/19/06, and HS 2/8/06; approved by MPWMD Board on 2/23/06
V2 amendments made 4/12/06 by
HS
V3 amendments made 4/13/06 a.m.
by JO and HS
V4 amendments made 4/13/06
p.m. by FF (Counsel)
V5 amendments made 6/6/06 by
HS per Team WDS