TECHNICAL ADVISORY COMMITTEE
ITEM:		DISCUSSION ITEMS
3.	UPDATE ON REQUEST FROM WATER DEMAND COMMITTEE TO DEVELOP AN ORDINANCE THAT WOULD TEMPORARILY SUSPEND RECEIPT OF APPLICATIONS FOR WATER DISTRIBUTION SYSTEMS IN FRACTURED ROCK FORMATIONS
Meeting Date:			January 5, 2010
From:			Darby Fuerst,
			General Manager
Prepared By:			Henrietta Stern

SUMMARY: Based on requests for greater oversight and concerns expressed by citizens in December 2009 at the MPWMD Water Demand Committee (WDC) and before the full MPWMD Board, the District will consider an ordinance that temporarily suspends receipt of applications for a Water Distribution System (WDS) permit that is supplied by a new, reactivated or expanded well in “fractured bedrock.” The suspension would last no longer than 12-18 months (time period to be determined) in order for the District to coordinate with local resource agencies and others regarding technical research and environmental review to address the concerns listed below. The WDC will address this issue on February 1, 2010. The full Board will address this issue at its February 25, 2010 meeting.

This item is before the TAC today in order to obtain initial feedback from TAC members on this concept. No ordinance has been developed at this time. District staff plans to provide options to the WDC and MPWMD Board based on its technical expertise and understanding of the planning process.

BACKGROUND: This issue first arose in Fall 2009 regarding certain properties within the Coastal Zone, which require an additional approval step from the Monterey County Planning Department to enable a “test well” to become a “permanent well.” Due to concerns expressed by neighbors, the Monterey County Planning Commission and Board of Supervisors have asked the Monterey County Health Department (MCHD) to examine and potentially alter its policies regarding wells in fractured bedrock on properties comprised of small lots in urban areas. A meeting between MPWMD and MCHD is scheduled for January 20, 2010 to discuss this issue.

DISCUSSION: Key issues and concerns identified by citizens and Board members relate to:

Ø Impact on the California American Water (CAW) system if a well fails -- will these homes need to be “bailed out” by CAW over MPWMD objections? Also, consider related issues such as debiting water from a jurisdiction’s water allocation if no water is available in the account and others are already on a waiting list for CAW water.

Ø Impact to residents if a well fails and CAW service is not allowed -- must they truck in water (not allowed by MCHD on a permanent basis) or abandon the home or business?

Ø Concerns about cumulative effects and whether an area will “go dry” like Granite Ridge in North County.

Ø Concerns about cumulative environmental effects—is there a “downstream effect” to the Carmel Valley Alluvial Aquifer (CVAA), tributaries, or the watershed as a whole from increasing construction of upland wells being in fractured bedrock formations?

Preliminary technical issues suggested by MPWMD staff include:

Ø Clearly define the term “fractured bedrock” and identify the proper geologic terms that should be used to reflect a water-bearing formation with limited reliability. District technical staff recommends that a distinction in terminology be made between geologic formations primarily influenced by “primary porosity” (e.g., alluvium, dune deposits, terrace deposits) and formations primarily influenced by “secondary porosity” (e.g., fractured granitic rocks, shales, etc.).

Ø Identify any potentially “vulnerable areas” due to type of geology and/or concentration of wells that already exist, actual use compared to projected use in previous reports, production capacity typically found in area wells, typical parcel size, pending WDS applications or trends in applications, and other anecdotal evidence. Regulatory/legal issues should also be considered (e.g., is the well within 1,000 feet of the CVAA or Seaside Groundwater Basin?). Consult with hydrogeologists for WDS applicants based on their experience in the field.

Ø In contrast, identify areas known to not to be vulnerable due to type of geology, productivity of wells, etc.

At this juncture, MPWMD staff does not recommend a blanket prohibition of all “fractured bedrock” wells within the District. Potential suggestions to the MPWMD WDC and Board for their consideration may include excluding the following situations from the suspension of receipt of WDS applications (that is, continue processing WDS permits):

Ø Wells outside the CAW service area with parcels over 2.5 acres in size unless it is a designated vulnerable area. The size of 2.5 acres was selected because that has been MCHD policy in the past (to be confirmed by MCHD). The fact these parcels are outside the CAW service area makes moot several key concerns noted above.

Ø Wells in the CAW service area that are for irrigation only, and the residence and/or business already has CAW service, and if the area is not a designated vulnerable area. An acreage minimum of 2.5 acres is suggested. It is noted that near-term use of water from an on-site well from a non-vulnerable upland area may be environmentally less harmful than CAW supply from the Carmel Valley Alluvial Aquifer or Seaside Basin, both of which have known adverse effects. If the well fails, the owner can truck in water, let vegetation die, or replace it with drought resistant species. It is noted that the future high cost of CAW water is a disincentive to replace well water with CAW water for irrigation.

Ø Wells on properties in the Seaside Basin with Court-designated water rights clearly identified in the Seaside Basin Adjudication decision.

District staff also preliminarily recommends that all applications that have been deemed to be complete (i.e., MPWMD technical staff accepts and concurs with the required hydrogeology report) be allowed to continue through the WDS permit process.

EXHIBITS

None

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