EXHIBIT 2-A
DRAFT
ORDINANCE 119
AN ORDINANCE OF THE BOARD OF DIRECTORS
OF THE
MONTEREY PENINSULA WATER MANAGEMENT
DISTRICT
AMENDING DISTRICT RULES TO MODIFY THE
EXPANDED WATER CONSERVATION AND
STANDBY WATER RATIONING PLAN
FINDINGS
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. State Water Resources Control Board (SWRCB) Order No. WR
95-10, issued in July 1995, ruled that California-American Water Company
(Cal-Am) did not have a legal right to take approximately 69 percent of the
water historically supplied to Cal-Am users.
The SWRCB has set specific goals to reduce Cal-Am’s water diversions
from the
5. Under SWRCB Order No. WR 95-10, Cal-Am has been
ordered to reduce its historical diversion from the
6. Excessive water consumption in the winter and spring
of 2004 necessitated an emergency request by Cal-Am to the California Public
Utilities Commission (CPUC) to temporarily increase rates for water service to
avoid SWRCB violations. Existing
District rules did not include regulation for this consumption emergency.
7. Amendments to District Rules are necessary to address
a water emergency caused when increased consumption would force diversions over
the legal limits set by SWRCB Order WR 95-10, to reflect current diversion
protocols based on subsequent SWRCB Orders, and to facilitate emergency
conservation rate authority for Cal-Am with the CPUC.
8. This ordinance shall be reviewed and approved under
the California Environmental Quality Act (CEQA) based upon a Negative
Declaration.
NOW
THEREFORE be it ordained as follows:
ORDINANCE
Section One: Short Title
This
ordinance shall be known as the Expanded Water Conservation and Standby
Rationing Plan Amendments for Water Consumption Emergency. This ordinance shall amend District Rules 11,
160, 162, 163, 164, 165, 166, 167, 169, 170, 171, 172, and 175.
Section Two: Purpose
This
ordinance shall amend the permanent Rules and Regulations of the Water
Management District to modify standards and procedures pertaining to water use
restrictions for the
Section
Three: Amendment
of Rule 160 (General Provisions)
District
Rule 160 shall be amended by deleting the following provisions shown in
strikeout text (strikeout).
RULE 160 GENERAL PROVISIONS
[NOTE: No changes are proposed to
Sections A through H.]
I.
Cal-Am
shall prepare an analysis of the impacts of each of the actions and conditions
described in this ordinance, inclusive, on the revenues and expenditures of
Cal-Am, and proposed measures to overcome those impacts, such as the
development of reserves and rate adjustments.
A copy of the analysis shall be provided to the District.
J. Cal-Am shall prepare a per-capita-based tariff rate
design and submit this rate design to the California Public Utilities
Commission for review and approval. A
copy of the plan filed with the California Public Utilities Commission shall be
provided to the District. This rate
design shall include and be based on the following:
Ø An accurate survey of
water users who are served by the Cal-Am water
distribution system where
that system derives water from the MPWRS;
Ø An assumed Cal-Am annual
production value that does not exceed the amount of the water production goal
set by the SWRCB;
Ø Unaccounted for water
use that does not exceed an average of seven (7) percent of total Cal-Am
production;
Ø A fair weighting to
differentiate residential from non-residential water uses based upon historic
water use by that sector;
Ø Factors to fairly
differentiate small and large residential lots;
Ø A methodology which
provides an equal amount of water for each permanent resident;
Ø A methodology which
provides a fair quantity of water for each residential and non-residential use
based upon current consumption factors and Best Management Practices;
Ø A mechanism to implement
excessive use rates or accelerated rate increases during Stage 3 Water
Conservation as a mechanism to discourage excessive water use;
Ø A statement regarding
the confidentiality of information gathered pertaining to the number of
residents on single-family and multi-family accounts.
Added by Ordinance No. 92 (1/28/99)
Section
Four: Amendment of Rule 162
(Stage 2 Water Conservation)
District
Rule 162 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).
RULE 162 STAGE 2 WATER CONSERVATION
A. Stage 2 Water Conservation is defined as the second
stage in the District’s Expanded Water Conservation and Standby Rationing Plan
that takes action to maintain Cal-Am water use from the MPWRS below regulatory
constraints by requiring implementation of landscape water budgets for
large irrigators of three acres or more, large residential water users and
water users with dedicated landscape water meters.
B. Stage 2 Water
Conservation shall be
enforced when Cal-Am
production from the MPWRS has exceeded the year-to-date at month-end
target as displayed in Table 1, and Cal-Am unaccounted for water uses
are at or below an average of seven (7) percent for the most recent
twelve-month period.
Prior to implementation of Stage 2 Water Conservation,
the General Manager shall review the Cal-Am unaccounted for water uses in the
MPWRS and shall determine that unaccounted for water uses are at or below an
average of seven percent for the most recent twelve month period. In the event unaccounted for water uses
exceed seven percent, Cal-Am shall immediately submit a plan to the General
Manager to reduce unaccounted for water uses and shall immediately act on such
plan. The General Manager shall have the
authority to delay implementation of Stage 2 Water Conservation for one month
to allow Cal-Am sufficient time to correct unaccounted for water uses to
achieve the year-to-date production at month-end target in the following month.
The monthly
distribution of water production shown in Table 1 between sources in the
REGULATORY WATER PRODUCTION TARGETS
FOR
WITHIN THE
Month
|
Monthly Target |
Year-to-Date At Month-End Target |
|
October |
1,379 |
1,379 |
|
November |
1,113 |
2,492 |
|
December |
984 |
3,476 |
|
January |
958 |
4,434 |
|
February |
894 |
5,328 |
|
March |
1,047 |
6,375 |
|
April |
1,209 |
7,584 |
|
May |
1,405 |
8,989 |
|
June |
1,527 |
10,516 |
|
July |
1,628 |
12,144 |
|
August |
1,649 |
13,793 |
|
September |
1,492 |
15,285 |
|
TOTAL |
15,285 |
|
Table 1
REGULATORY WATER PRODUCTION TARGETS (AF)
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C. Requirements imposed by implementation of the Expanded
Water Conservation and Standby Rationing Plan through Stage 1 Water
Conservation shall remain in force.
Requirements may be modified or superseded by actions taken in future
stages of the Expanded Water Conservation and Standby Rationing Plan.
D. Implementation of Landscape Water Budgets. All water
users required to obtain a landscape water budget in Section 9-B under
District Rule 172 are required to manage outdoor irrigation within the
landscape water budget assigned to the property.
E. Water use in excess of the established landscape water
budget shall be considered Water Waste and shall be subject to the Section
18 of this regulation District Rule 171.
F. Sunset of Stage 2 Water Conservation. Without
further action of the Board of Directors, the provisions of Stage 2 Water
Conservation shall be rescinded and revert to Stage 1 Water Conservation upon
compliance with the year-to-date at month-end production goal for the first
two consecutive
months of in the subsequent water year.
H.
Monthly
Consumption Reports. During any Stage 2, 3, 4, 5, 6, or 7, Cal-Am
shall provide the District with monthly consumption reports in a format
approved by the District. Reports shall
be provided within fifteen (15) days of the close of the preceding month.
Added by Ordinance No. 92 (1/28/99)
Section
Five: Amendment of Rule
163 (Stage 3 Water Conservation)
District
Rule 163 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).
RULE 163 STAGE 3 WATER CONSERVATION
A. Stage 3 Water Conservation is defined as the third stage in the District’s Expanded Water Conservation and Standby Rationing Plan that takes action to maintain Cal-Am water use in the MPWRS below regulatory constraints. It is triggered when the year-to-date at month-end production target for Cal-Am from the MPWRS is exceeded twice by the average of Cal-Am's year-to-date production from the MPWRS for each month during the October through March period or exceeded once by the average of Cal-Am's year-to-date production from the MPWRS for each month during the April through September period. It provides a procedure to enable emergency temporary increases in the upper block volume rates and requires increased action by Cal-Am to reduce unaccounted-for water and monthly reporting of actions taken. Stage 3 Water Conservation may also be triggered upon Resolution of the Board of Directors when there is a need for an immediate water use reduction in response to an unexpected water production increase.
Prior to Upon
implementation of Stage 3 Water Conservation, the General Manager
shall review the Cal-Am unaccounted for water uses in the MPWRS and shall
determine that unaccounted for water uses are at or below an average of seven
percent for the most recent twelve month period. In the event unaccounted
for water uses exceed seven percent, Cal-Am shall immediately submit a plan
to the General Manager to reduce unaccounted for water uses to seven (7)
percent or less measured by the most recent twelve-month rolling average and
shall immediately act on such plan. Cal-Am shall provide a progress
report to the Board of Directors monthly until Stage 3 is sunset. The
General Manager shall have the authority to delay implementation of Stage 3
Water Conservation for one month to allow Cal-Am sufficient time to correct
unaccounted for water uses to achieve the year-to-date production at month-end
target in the following month.
B.
Regulatory Trigger. Stage 3 Water Conservation shall be enforced
when any of the following criteria has been met: 1) the
average of Cal-Am's year-to-date production from the MPWRS for each month has
exceeded the year-to-date at month-end production target for Cal-Am from
the MPWRS as displayed in Table 1 for a
second time during the period from October 1 through March 31 in
any water year, or 2) the average of Cal-Am's
year-to-date production from the MPWRS for each month has exceeded
the year-to-date at month-end production target for Cal-Am from the MPWRS as displayed in Table 1 once during the period
from April 1 through September 30 in any water, or 3) a
Resolution has been adopted by the Board in accord with Section C below and
Cal-Am unaccounted for water uses in the MPWRS are at or below an average of
seven percent for the most recent twelve month period.
C.
Emergency Trigger. Stage 3 Water Conservation shall be implemented
upon Resolution of the Board of Directors when there is need for an immediate
water use reduction requirement in response to an unexpected water production
increase.
C. D. Sunset of Stage 3 Water
Conservation. Without further action by the Board of Directors, the
provisions of Stage 3 Water Conservation shall be rescinded upon compliance
with the year-to-date at month-end production goal for the first two consecutive
months of in the subsequent water year. Water users of
Cal-Am when that water system derives water from the MPWRS shall revert to
Stage 1 Water Conservation.
(a)
Regulatory compliance during a period of
Stage 4 Water Rationing shall not cause a sunset of this provision.
E. Notice.
Cal-Am shall provide notice of mandatory water conservation with each bill
prepared for water users of the Cal-Am system.
D.
Cal-Am Excessive Use Rates. Section 12-E requires approval by the Public
Utilities Commission (PUC) prior to implementation.
1. Cal-Am shall use the ECU factor of each water user for
computation of the base water rate block and the related base use.
2. Excessive use rates shall be applied to water use over
150 percent of the base use.
3. Excessive use rates shall be established by
multiplying the base block rate of rate blocks 4 and 5 of Cal-Am’s
per-capita-based rate tariff by 400 percent. The difference between the
base rate for rate block 4 and 5, and the 400 percent excessive use rate shall
be the actual excessive use rate and shall be designated separately from the
standard water rate billing.
4. In the event that excessive use rates are not
authorized by the California Public Utilities Commission, the base use shall
become a base ration and use above the base rate shall be considered
non-essential water use.
F. Cal-Am Emergency Use Rates. The
Public Utilities Commission (PUC) has approved an emergency rate schedule to
respond to Stage 3 water reduction requirements. The elements of this
schedule may be summarized as follows:
1.
The fourth and fifth blocks
of the residential, multi-residential and PAR customers block rates are
doubled;
2.
The second block rate for
the golf course customers is tripled for all water delivered over the monthly
allotment allowed in the first block;
3.
The second block rate for
public authority customers is doubled and a limit of 40 Ccf per month per meter
is allowed in the first block;
4.
The single block rate for
special use customers is increased by 33%; and
5.
The second block rate for
all other customers is doubled for all water delivered over the monthly
allotment allowed in the first block.
Emergency
use rates shall be implemented by Advice Letter filed by Cal-Am with the PUC on
five days’ notice once any Stage 3 trigger has been pulled.
F. Cal-Am Use Prior to PUC Approval of Excessive Use Rates.
1. Upon implementation of Stage 3 Water Conservation, the
District shall consider water use above the Cal-Am base rate to be
non-essential water use subject to enforcement under Rule 171 (Water Waste
Fees).
2. Cal-Am shall provide monthly information with the
water bill showing the responsible party’s compliance with the base rate.
Added by Ordinance No. 92 (1/28/99)
Section Six: Amendment of Rule 164 (Water
Rationing)
District Rule 164 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).
RULE 164 STAGE 4 WATER RATIONING
[NOTE: No
changes are proposed to Section A.]
B. Trigger.
1. Water Supply Limitation Trigger. Stage 4 Water
Rationing shall apply to all water users whose source of supply is derived from
the MPWRS. Stage 4 Water Rationing shall
become effective on July June 1 or such earlier date as may
be set by the Board following the District’s May Board meeting if total usable
storage in the MPWRS on May 1 is less than 31,580 27,807 acre-feet and greater
than 24,750 21,802
acre-feet. If total usable storage is
equal to or greater than 31,580 27,807 acre-feet on May 1, no water rationing shall be
imposed.
[NOTE:
No changes are proposed to Sections B 2 through D.]
E. Sunset of Stage 4 Water Rationing.
1. Water Supply Availability. Stage 4 Water
Rationing shall continue to have force and effect until rescinded by Resolution
of the Board of Directors upon a determination that the total usable storage in
the MPWRS is greater than 31,580 27,807 acre-feet.
This determination will normally be made at the Board's May
meeting. However, a determination to
rescind Stage 4 Water Rationing as early as the following January Board meeting
can be made if the total usable storage in the MPWRS is equal to or greater
than 31,580 27,807
acre-feet on January 1.
2. In the event total usable storage is greater
than 31,580 27,807
acre-feet, the General Manager shall review Cal-Am’s year-to-date
production. Upon compliance with the
monthly year-to-date goals specified in Table 1 of Rule 162 and, unless
otherwise specified in the Resolution rescinding Stage 4 Water Rationing, water
users shall revert to Stage 1 Water Conservation. If Cal-Am’s year-to-date production exceeds
the year-to-date goal specified in Table 1 of Rule 162, Cal-Am water users
shall revert to Stage 2 Water Conservation.
[NOTE: No
changes are proposed to Sections E 3 or F.]
Section
Seven: Amendment
of Rule 165 (Stage 5 Water Rationing)
District
Rule 165 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).
RULE 165 STAGE 5 WATER RATIONING
[NOTE: No
changes are proposed to Section A.]
B. Implementation.
1. Water Supply Limitation Trigger. Stage 5 Water
Rationing shall apply to all water users whose source of supply is derived from
the MPWRS. Stage 5 Water Rationing shall
become effective on June 1 or such earlier date as may be set by the Board
following the District's May Board meeting if total usable storage in the MPWRS on May 1 is less than 24,750
21,802 acre-feet and
greater than 17,720 15,615
acre-feet. If total usable storage is
equal to or greater than 31,580 27,807 acre-feet
on May 1, no water rationing shall be imposed.
a. The General Manager may delay implementation of Stage
5 Water Rationing to ensure adequate operation of the program. Delays authorized by the General Manager
shall not exceed 90 days.
2. Emergency.
Implementation shall also occur following urgency action by Resolution of the
Board of Directors declaring that an emergency situation exists and immediate
20 percent reductions in water use from a distribution system’s production
limit are necessary to ensure public health, safety or welfare.
C. Sunset of Stage 5 Water Rationing.
1. Water Supply Availability. Stage 5 Water
Rationing shall continue to have force and effect until rescinded by Resolution
of the Board of Directors upon a determination that the total usable storage in
the MPWRS is greater than 24,750 21,802 acre-feet.
This determination will normally be made at the Board's May
meeting. However, a determination to
rescind Stage 5 Water Rationing as early as the following January Board meeting
can be made if the total usable storage in the MPWRS is equal to or greater
than 31,580 27,807
acre-feet on January 1.
2. In the event total usable storage is greater
than 31,580 27,807
acre-feet, the General Manager shall review Cal-Am’s year-to-date
production. Upon compliance with the
monthly year-to-date goals specified in Table 1 of Rule 162 and, unless
otherwise specified in the Resolution rescinding Stage 5 Water Rationing, water
users shall revert to Stage 1 Water Conservation. If Cal-Am’s year-to-date production exceeds the
year-to-date goal specified in Table 1 of Rule 162, Cal-Am water users shall
revert to Stage 2 Water Conservation.
a. If Cal-Am production exceeds the year-to-date at
month’s end production goal as shown in Rule 162, Table 1, Cal-Am water users
shall revert to Stage 2 Water Conservation.
[NOTE: No
changes are proposed to Sections D through L 8.]
Section Eight: Amendment
of Rule 166 (Stage 6 Water Rationing)
District Rule 166 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).
RULE 166 STAGE
6 WATER RATIONING.
[NOTE: No
changes are proposed to Section A.]
B. Implementation.
1. Water Supply Limitation Trigger. Stage 6 Water
Rationing shall apply to all water users whose source of supply is derived from
the MPWRS. Stage 6 Water Rationing shall
become effective on June 1 or such earlier date as may be set by the Board
following the District’s May Board meeting if total usable storage in the MPWRS
on May 1 is less than 17,720 15,615
acre-feet and greater than 10,890 9,610 acre-feet. If
total usable storage is equal to or greater than 31,580 27,807 acre-feet on May 1, no
water rationing shall be imposed.
2. Implementation shall also occur following urgency
action by Resolution of the Board of Directors declaring that an emergency
situation exists and immediate 35 percent reductions in water use from a
distribution system’s production limit are necessary to ensure public health,
safety or welfare.
C. Sunset of Stage 6 Water Rationing.
1. Water Supply Availability. Stage 6 Water
Rationing shall continue to have force and effect until rescinded by Resolution
of the Board of Directors upon a determination that the total usable storage in
the MPWRS is greater than 17,720 15,615 acre-feet.
This determination will normally be made at the Board’s May
meeting. However, a determination to
rescind Stage 6 Water Rationing as early as the following January Board meeting
can be made if the total usable storage in the MPWRS is equal to or greater
than 31,580 27,807
acre-feet on January 1.
2. In the event total usable storage is greater
than 31,580 27,807
acre-feet, the General Manager shall review Cal-Am’s year-to-date
production. Upon compliance with the
monthly year-to-date goals specified in Table 1 of Rule 162 and, unless
otherwise specified in the Resolution rescinding Stage 6 Water Rationing, water
users shall revert to Stage 1 Water Conservation. If Cal-Am’s year-to-date production exceeds
the year-to-date goal specified in Table 1 of Rule 162, Cal-Am water users
shall revert to Stage 2 Water Conservation.
[NOTE: No
changes are proposed to Sections D through P.]
Section Nine: Amendment of Rule 167 (Stage 7 Water Rationing)
District Rule 167 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).
RULE 167 STAGE 7 WATER RATIONING
[NOTE: No changes are proposed to Section
A.]
B. Implementation.
1. Water Supply Limitation Trigger. Stage 7 Water
Rationing shall apply to all water users whose source of supply is derived from
the MPWRS. Stage 7 Water Rationing shall
become effective on July June
1 or such earlier date as may be set by the Board following the
District’s May Board meeting if total usable storage in the MPWRS on May 1 is
less than 10,890 9,610
acre-feet. If total usable
storage is equal to or greater than 31,580 27,807 acre-feet on May 1, no
water rationing shall be imposed.
2. Implementation shall also occur following urgency
action by Resolution of the board of Directors declaring that an emergency
situation exists and immediate 50 percent reductions in water use from a
distribution system’s production limit are necessary to ensure public health,
safety or welfare.
C. Sunset of Stage 7 Water Rationing.
1. Water Supply Availability. Stage 7 Water
Rationing shall continue to have force and effect until rescinded by Resolution
of the Board of Directors upon a determination that the total usable storage in
the MPWRS is greater than 10,890 9,610 acre-feet.
This determination will normally be made at the Board’s May
meeting. However, a determination to
rescind Stage 7 Water Rationing as early as the following January Board meeting
can be made if the total usable storage in the MPWRS is equal to or greater
than 31,580 27,807
acre-feet on January 1.
2. In the event total usable storage is greater
than 31,580 27,807
acre-feet, the General Manager shall review Cal-Am’s year-to-date
production. Upon compliance with the
monthly year-to-date goals specified in Table 1 of Rule 162 and, unless
otherwise specified in the Resolution rescinding Stage 7 Water Rationing, water
users shall revert to Stage 1 Water Conservation. If Cal-Am’s year-to-date production exceeds
the year-to-date goal specified in Table 1 of Rule 162, Cal-Am water users
shall revert to Stage 2 Water Conservation.
[NOTE: No changes are proposed to Sections
D through N.]
Section
Ten: Amendment
to Rule 169 (Water Rationing Variance)
District
Rule 169 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).
RULE 169 WATER RATIONING VARIANCE
[NOTE: No
changes are proposed to Sections A through C 1.]
C. No Variance. The following categories of water use shall
not qualify for special consideration under the provisions of this regulation:
2. Irrigation, other than variances allowed by Section
19 B Rule 169 of this regulation.
Section
Eleven: Amendment of
Rule 170 (Water User Survey)
District
Rule 170 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).
[NOTE: No
changes are proposed to Sections A through C.]
A. Reporting.
1. Responsibility of Water User.
a. Each responsible party shall be responsible for
accurately reporting the number of permanent residents in the dwelling unit or
units or other information deemed appropriate for the effective operation of
the program as requested on the survey form.
b. Upon activation of a water meter, each responsible
party shall complete a survey form.
i. Cal-Am Water
Users. The completed survey form
shall be
submitted to Cal-Am by customers of that distribution
system.
ii. Non-Cal-Am
Water Users. The completed survey
form shall be submitted to the District or its agent by all other distribution
systems users required to complete a survey form during Stage 5 Water Rationing
through Stage 7 Water Rationing.
c. All responsible parties shall submit revised survey
forms whenever there is a change in the number of permanent residents in a
residential dwelling unit or whenever there is a change in a water user
category in non-residential uses.
Revised survey forms should be submitted to the appropriate party as
indicated in Section 8 Rule 170, D, 1, b.
d. Property owners of short-term residential housing
rentals shall provide information about the average number of annual occupants
and the average rate of occupancy to the appropriate party as indicated in Section
8
Rule 170, D, 1, b.
e. 2. Misrepresentation
Violation. Any water user
intentionally over-reporting the number of permanent residents in a dwelling
unit or other information pertinent to establishing a water ration during
Stages 4, 5, 6 and 7 Water Rationing may be charged with a misdemeanor
punishable as an infraction as provided by Section 256 of the Monterey
Peninsula Water Management District Law, Statutes of 1981, Chapter 986. Violations carry a maximum penalty of up to
$250 for each offense. Each separate day
or portion thereof during which any violation occurs or continues without a
good-faith effort by the responsible water user to correct the violation, may
be deemed to constitute a separate offense, and upon conviction thereof, may be
separately punishable.
3. Penalties for Misreporting. In addition
to any charge for misrepresenting information as provided in Section 8 Rule
170, D-2, any or all of the following may be further imposed by the
General Manager or his agent during Stages 4, 5, 6 and 7 Water Rationing where
the violation occurs and continues without a good-faith effort by the
responsible water user to correct the violation. Decisions pursuant to this rule are
appealable under Rule 70 (Appeals).
a. Intentional misrepresentation may be considered a
violation of the water waste provisions and shall subject the water user to a
fee for water waste; and/or
b. Intentional misrepresentation may cause the loss of
any water bank accrued and shall cause the responsible party to be ineligible
to accrue a water bank for a period of sixty (60) months; and/or
c. Intentional misrepresentation may cause the assignment
of a reduced water ration that may be as low as a ration for one person for a
period of twelve (12) months following implementation of Stages 4, 5, 6 or 7
Water Rationing.
4. Audit. The District may periodically audit the
survey data for accuracy. Upon question,
the District may request additional evidence of residency to demonstrate the
number of permanent residents at that site as defined in Rule 11 (Definitions).
Added
by Ordinance No. 92 (1/28/99)
Section
Twelve: Amendment of
Rule 171 (Water Waste Fees)
District
Rule 171 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).
RULE 171 WATER WASTE FEES
A. Each occurrence of Water Waste or Non-Essential Water
Use, as those terms are defined by Rule No. 11 (Definitions), which continues
after the water user has had reasonable notice to cease and desist that type of
water use shall constitute a flagrant occurrence.
B. A $50 fee per day or portion thereof shall be
assessed for each flagrant occurrence of Water Waste or Non-Essential Water Use. The fee shall accumulate daily until the
occurrence is corrected.
C. A $150 fee per day or portion thereof shall be
imposed for each subsequent occurrence (including multiple occurrences) of
Water Waste or Non-Essential Water Use which occurs within 18 months of the
first occurrence. The fee shall accumulate daily
until the occurrence is corrected.
D. All fees shall be paid within 30 days.
E. Within the 30 day period, a water user may seek waiver
or forgiveness of all or part of the Water Waste fees on the basis of
hardship. The water user must provide
the District with a written explanation as to why the fees should not be collected. Staff shall be authorized to determine
whether or not fees should be waived in full or in part, with the final
decision resting with the General Manager.
F. After 30 days, fees which have not been paid or waived
may result in a lien being placed on the property served by the water account.
G. Repeated occurrences or Water Waste or Non-Essential
Water Use, which continue or occur after the water user has had a reasonable
notice to cease and desist that type of water use, or which continues or occurs
after the water user has had a reasonable opportunity to cure any defect
causing that type of water use, shall provide cause for the placement of a flow
restrictor within the water line or water meter.
H. Decisions
pursuant to this rule are appealable under Rule 70 (Appeals).
Added
by Ordinance No. 92 (1/28/99)
Section Thirteen: Amendment of Rule 172
(Landscape Water Audits)
District Rule 172 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).
RULE 172 LANDSCAPE WATER AUDITS
A. Landscape water audits shall be conducted during
Stage 1 Water Conservation by the District and/or Cal-Am or their
designated agent(s). Only
auditors who are certified by the Irrigation Association can conduct audits and
establish landscape water budgets. Each party is authorized to conduct
audits and establish water budgets for all dedicated irrigation meters, large
irrigated areas over three acres, and large residential water users supplied by
Cal-Am when that system derives its source of supply from the MPWRS. Landscape water audits shall be completed
within 180 days of implementation of Stage 1 Water Conservation.
B. Landscape water audits shall be offered by the
District and/or Cal-Am or their agent free of charge to all water users of
Cal-Am with dedicated landscape meters, large irrigated areas over three acres,
and large residential water users. Water
use records shall be reviewed annually to identify new water users required to
establish a landscape water budget by this Section. Cal-Am shall provide the District with data
on copies of all completed landscape water audits.
1. Cal-Am water users shall be required to obtain
landscape water audits and establish landscape water budgets if the
property:
a. Has a dedicated landscape water meter; or
b. Is an irrigated area of greater than three acres; or
c. Is a large residential water user.
2. All Landscape Water Irrigation Auditors must
be approved by the Monterey Peninsula Water Management District certified
by the Irrigation Association.
3. All water users required to complete landscape water
audits and establish landscape water budgets shall have
the option of obtaining a landscape water audit and budget from an approved Landscape
Water Irrigation Auditor of their choice at their own expense if
the auditor is certified by the Irrigation Association.
4. Landscape Irrigation Water Audits not
conducted by the District and/or Cal-Am shall be reported on a Landscape Water
Budget Application. Landscape Water
Budget Applications shall be submitted to the District within 180 days of the
implementation of Stage 1 Water Conservation.
Landscape water audits not performed by the District or Cal-Am is
are
subject to review and acceptance by the District. Audits and budgets rejected by the District
may be appealed to the Board of Directors pursuant to Rule 70 (Appeals).
5. Landscape Irrigation Auditors shall arrange on-site
visits to compile water records, to review historic use, measure
irrigated sites, identify plant materials by general groups, determine
irrigation water requirements, and estimate potential dollar and
water savings. Landscape Irrigation
Auditors shall also develop system testing strategies, check pressure and flow
rates, and conduct water application distribution tests. Data shall be collected to determine
irrigation uniformity and efficiency.
Soil samples shall be examined to determine soil types and root zone
depths. Landscape Irrigation Auditors shall observe system operations, locate
irrigation zones, prepare site audit maps and visually identify broken or
misaligned equipment. All data from field tests shall be summarized and this
information used to generate monthly irrigation base schedules. A copy of the
Landscape Water Budget Application shall be provided to the water user. One copy of the Landscape Water Budget
Application shall be submitted to the District.
6. Cal-Am shall provide quarterly compliance status
notices to each water user required to follow a mandatory landscape water
budget.
C. Modifications To Audited Landscapes. Following
significant modification to an existing audited landscape, a new landscape
water audit shall be conducted to establish an appropriate water budget. It shall be the responsibility of the
property owner to ensure that a landscape water audit is conducted within 60
days of any such change and to submit a Landscape Water Budget Application to
Cal-Am.
D. Reporting and Analysis. Cal-Am shall
preserve water use records and budgets for water users subject to this provision
of law for such time as the Expanded Water Conservation and Standby Rationing
Plan remains effective. Updated water
budgets shall supersede previous data.
Quarterly, a report shall be compiled by Cal-Am and provided to the
District showing the account information and comparing the landscape water
budget with actual consumption. During
Stages 2 and 3, Cal-Am shall provide the District with monthly consumption
reports for all customers with landscape water budgets.
E. Landscape Irrigation Restrictions in the Cal-Am system
that derives its source of supply from the MPWRS. Unless
watering is by drip irrigation, through a hand-held hose with a positive action
shut-off nozzle, or performed by a professional gardener or landscaper, the
following schedule shall apply:
1. Odd Numbered Properties shall water after 5 p.m. or
before 9 a.m. on Saturdays and Wednesdays only.
This schedule shall also apply to properties located on the South or
West side of the street in cities where no street address is available.
2. Even Numbered Properties shall water after 5 p.m. or
before 9 a.m. on Sundays and Thursdays only.
This schedule shall also apply to properties located on the North or
East side of the street in cities where no street address is available.
Added
by Ordinance No. 92 (1/28/99)
Section
Fourteen: Amendment of
Rule 175 (Water Rationing Enforcement)
District
Rule 175 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).
RULE 175 WATER RATIONING ENFORCEMENT
A. Enforcement During Stages 4 through 7 Water Rationing.
1. Courtesy Notice. For the first instance of
excess water use beyond the ration in Stages 4 through 7 Water Rationing, a
water user shall be given written notice by the water system operator of the
excess use and shall be notified that such violation constitutes water waste
and a water waste fee of $50 per day shall be collected in the
event the water user again exceeds that user's water ration during any future
billing cycle under Stages 4 through 7 Water Rationing. If the water user complies with all water
rationing and water waste and non-essential water use requirements during the
next month following the first instance of excess use, the excess use fee shall
be deferred.
If the water user again exceeds that user's water
ration during any following month, the water waste fee of $50 per
day shall be imposed immediately and shall accumulate daily until the
occurrence is corrected.
2. Second Offense. Upon the second occurrence of excess water
use (including any prior excess water use during any prior stage) a water user
shall be charged with water waste and assessed a fee of $150 per
day for the second offense, plus the previously deferred $50 first
offense fee, by the District or its agent. The $150 fee shall accumulate daily until
the occurrence is corrected.
3. Third Offense.
a. Stage 5, 6 and 7 Water Rationing. A third
occurrence of excess water use (including any prior excess water use during any
prior stage) shall result in an excess water use charge equivalent to the
Cal-Am per unit water charge at the water user’s level of use multiplied by the
number of units over a water ration, plus $150 per day as provided in Rule
171 (Water Waste Fees). A third
occurrence of excess water use shall provide cause for the installation of a
flow restrictor in the water meter or water supply providing water to the
property where the over-use occurred.
Restrictors shall remain in place until conditions are reduced to Stage
2 Water Conservation or a less restrictive stage. All costs for the installation and removal of
a flow restrictor shall be charged to the property owner of the site subjected
to this action.
4. Fourth Offense. A fourth occurrence of water use in excess of
the water ration shall result in fees and charges listed for a third offense
and shall result in the installation of a flow restrictor by the system
operator in the water meter or water supply providing water to the property
where the over-use occurred. Restrictors
shall remain in place until conditions are reduced to Stage 3 Water
conservation or to a less restrictive stage.
All costs for the installation and removal of a flow restrictor shall be
charged to the property owner of the site subjected to this action.
B. Flow Restrictor Exemption. Exemptions to
the installation of a flow restrictor as a means to enforce the water ration
shall occur when there are provable risks to the health, safety and/or welfare
of the water user. The following shall
apply in the event a flow restrictor cannot be installed in the water meter or
water supply providing water to a property due to health, safety or welfare
requirements:
1. Water Meters Serving Three or More Multi-Family Dwelling
Units. The responsible party shall be charged $150
times the number of dwelling units located on the meter during each month in
which a violation of the water ration occurs.
The responsible party shall be liable for payment of all excess water
use charges.
C. All notices and assessments of water waste and/or
excess water use charges made by a water distribution system operator shall be
reported to the District.
Added
by Ordinance No. 92 (1/28/99)
Section
Fifteen: 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).
Excessive Emergency Use Rates – “Excessive
Emergency
Use Rates” shall mean a higher block water rate used by Cal-Am during
Stage 3 Water Conservation as a mechanism to discourage excessive water
use.
Estimated
Applied Water – “Estimated Applied Water” shall mean a projection of the amount
of water that should be supplied to a landscape by the irrigation system, as
measured by a water meter. For new or
existing sites, Estimated Applied Water can be calculated using estimates for
plant water use, effective rainfall (if desired), and irrigation system efficiency.
Irrigation
Association – “Irrigation Association” shall mean the non-profit entity located
at The Irrigation Association,
Landscape
Irrigation Auditor – “Landscape Irrigation Auditor” shall mean a person approved
certified
by the Monterey Peninsula Water Management District Irrigation
Association to perform landscape water audits and assign water budgets.
Landscape
Water
Audit – “Landscape Water Audit” shall mean an action
taken by a District-approved lLandscape I Irrigation
a Auditor
certified
by the Irrigation Association to determine reasonable outdoor water
use.
Landscape
Water Budget – “Landscape Water Budget” shall mean a maximum annual water
allowance in gallons per year, determined upon completion of a landscape water
audit by a District-approved Landscape Irrigation Auditor certified
by the Irrigation Association.
The Landscape Water Budget shall take into consideration the types of
plants, soil condition, evapotranspiration rates and irrigation system.
Maximum
Applied Water Allowance – “Maximum Applied Water Allowance” shall mean the
calculated “not-to-exceed” limit of annual applied water excluding rainfall for
a mature landscaped area. Calculations
recommended by the Irrigation Association shall be used to determine the
maximum usage permitted for a site.
Stage
3 Water Conservation – “Stage 3 Water Conservation” shall mean the third stage
in the District’s Expanded Water Conservation and Standby Rationing Plan that
takes action to maintain Cal-Am water use in the MPWRS below regulatory
constraints and to respond to potential drought or emergencies by imposing higher
water charges emergency use rates for excessive water use to
encourage water reduction.
Stage
4 Water Rationing – “Stage 4 Water Rationing” is defined as the fourth stage in
the District’s Expanded Water Conservation and Standby Rationing Plan that
responds to a drought situation or emergency water supply shortage with a 15
percent reduction goal from system production limits for non-Cal-Am water
users. Reductions are achieved by
voluntary water use cutbacks in addition to excessive emergency
use rates imposed during Stage 3 Water Conservation.
Section
Sixteen: 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
Seventeen: Effective
Date
This
ordinance shall be given effect at 12:01 a.m. on the 30th day after
it has been enacted on second reading.
Section
Eighteen: Sunset
Upon
modification of SWRCB Order No. 95-10, or at least every five years at the January
meeting, beginning with the first review in January 2010, the Board of
Directors shall hold a public hearing to consider whether or not the provisions
of this ordinance shall be continued, modified, or rescinded.
Section Nineteen: Severability
If
any section, sub-section, sentence, clause, or phrase of this ordinance is for
any reason held to be invalid, such decision shall not affect the validity of
the remaining portions of this ordinance.
The Board of Directors hereby declares that it would have passed this
ordinance and each section, subsection, sentence, clause, and phrase thereof,
irrespective of the fact that any one or more sections, sub-sections,
sentences, clauses, or phrases may be declared invalid.
On
motion by Director ___________, and second by Director ____________, the
foregoing ordinance is adopted upon this ____ day of ___________, 2005, by the
following vote:
AYES:
NAYS:
ABSENT:
I, David A. Berger, 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 ____________, 2005.
Witness my hand and seal of the
Board of Directors this ___ day of _______, 2005.
________________________________
David
A. Berger, Secretary to the Board
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