EXHIBIT 2-A

 

1st Reading Draft

ORDINANCE NO. 130

 

AN ORDINANCE OF

THE MONTEREY PENINSULA WATER MANAGEMENT DISTRICT

ADDING A PROCESS FOR SUB-POTABLE WATER USE CREDITS

TO THE RULES AND REGULATIONS OF THE DISTRICT 

 

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 Monterey Peninsula area.

 

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.      California State Water Resource Control Board (SWRCB) Order No. WR 95-10, issued in July 1995, ruled that California American Water did not have a legal right to take approximately 69 percent of the water supplied to California American Water users at that time.  The SWRCB has set specific goals to reduce water diversions from the Carmel River Basin.

 

4.      Under SWRCB Order No. WR 95-10, California American Water was ordered to reduce its historical diversion from the Carmel River Basin by 20 percent beginning with Water Year 1997 and in each subsequent year. 

 

  1. California American Water v. City of Seaside, et al, Case No. M66343, resulted in a decision which determined the initial Operating Safe Yield for the Seaside Basin is 5,600 Acre-Feet (Coastal Subarea is 4,611 Acre-Feet and 989 Acre-Feet for the Laguna Seca Subarea).  “Operating Safe Yield” is the maximum amount of Groundwater resulting from Natural Replenishment which can be produced from each Subarea for a finite period of years as these terms are defined in the decision.  Water conservation is a component to achieving Operating Safe Yield.

 

6.      Sub-potable Water substituted for Potable water from the Monterey Peninsula Water Resource System or Seaside Groundwater Basin sources contributes to water savings through the Water Management District and reduces overpumping of Groundwater that leads to environmental degradation by permanently setting aside 25 percent of the former irrigation use as permanent conservation savings and by setting aside any remaining Sub-Potable Water Use Credit as permanent conservation savings at such time as the credit expires.

 

7.      Providing an incentive for substitution of Sub-potable irrigation water for Potable water in Non-Residential settings encourages conversions, thereby reducing dependence on Potable supplies.

 

8.      Providing incentives to substitute Sub-potable Water for Potable water supports the MPWMD Mission:  To Manage, Augment and Protect Water Resources for the Benefit of the Community and the Environment.

 

9.      Substituting Sub-potable Water for Potable water supports the District’s legislative function to conserve water.

 

10.  Sub-potable Water is a viable substitute for Potable water used for Landscape and agricultural irrigation, fire protection, urban waterscape, in-building uses, and industrial reuse.

 

11.  A valid Sub-potable Water Use Credit may provide the basis for the General Manager to issue a Water Permit for new, modified, or intensified Non-Residential water use on that Site using the Source of Supply from which the credit originated.

 

12.  This ordinance shall amend District Rule 11, Definitions, to add the definition for Sub-potable Water Use Credit.

 

13.  This ordinance shall amend District Rule 25.5, Water Use Credits and On-Site Water Credits, to refer to Sub-potable Water Use Credits and Rule 134.

 

14.  This ordinance shall add Rule 134, Sub-potable Water Use Credits, to the Rules and Regulations of the MPWMD to allow a Sub-potable Water Use Credit when all Potable irrigation is replaced with Sub-potable Water.

 

  1. This ordinance shall revise, amend and republish Rules 11 and Rule 25.5 of the Rules and Regulations of the Water Management District.

 

  1. Based on the Initial Study and the analysis, documents and record supporting the Initial Study, the Monterey Peninsula Water Management District Board of Directors finds that adoption of Ordinance No. 130 does not have a significant effect on the environment.

 

 

NOW THEREFORE be it ordained as follows:

ORDINANCE

 

 

Section One:               Short Title

 

This ordinance shall be known as the 2007 Sub-potable Water Use Credit Ordinance of the Monterey Peninsula Water Management District.

 

Section Two:               Statement of Purpose

 

The Monterey Peninsula Water Management District enacts this ordinance to provide an incentive for replacing existing Non-Residential Potable water irrigation with Sub-potable Water.  This ordinance adds the new definition “Sub-potable Water Use Credit” to the Rules and Regulations.  The prerequisite for a Sub-Potable Water Use Credit is the permanent replacement of Non-Residential Potable water irrigation (originating from the Monterey Peninsula Water Resource System or Seaside Groundwater Basin) with: (1) Sub-potable Water originating from outside the Monterey Peninsula Water Resource System and the Seaside Groundwater Basin, or (2) Recycled or Reclaimed Water from the Carmel Area Wastewater District or Monterey Regional Water Pollution Control District wastewater treatment facilities.

 

Section Three:            Amendment of Rule 11 (Definitions)

 

A.                  Unless the context specifically indicates otherwise, the following term shall be given the definition set forth below and shall be permanently added to Rule 11, Definitions, of the Rules and Regulations of the District. 

 

SUB-POTABLE WATER USE CREDIT – “Sub-potable Water Use Credit” shall mean a Water Use Credit established according to Rule 134 whereby all Potable water irrigation has been permanently replaced with Sub-potable Water.

 

 

Section Four:              Amendment of Rule 25.5 – Water Use Credits and On-Site Water Credits

 

A.        Rule 25.5-E shall be revised as shown in bold italics (bold italics) and strikeout (strikethrough): 

 

E.         The following types of Permanent Abandonment of Capacity shall qualify for a Water Use Credit under this Rule:

 

1.         Demolition of a building or use that has been recognized by the District as being a lawful water use;

 

2.         Permanent disconnection of a lawful water use from a Water Distribution System;

 

                                    3.         Residential removal of water fixtures;

 

                              4.         Permanent installation of non-Mandated water fixtures or appliances.

 

                              5.         Permanent replacement of all Potable water irrigation with Sub-potable Water (see Rule 134—Sub-potable Water Use Credit).

           

Section Five:        Addition of Rule 134 – Sub-potable Water Use Credits

 

The following text shall be added as Rule 134:

 

                        RULE 134 – SUB-POTABLE WATER USE CREDITS

 

A.        A Person may receive a Sub-potable Water Use Credit for the replacement of Non-Residential Potable water irrigation (originating from the Monterey Peninsula Water Resource System or Seaside Groundwater Basin) with: (1) Sub-potable Water originating from outside the Monterey Peninsula Water Resource System and the Seaside Groundwater Basin, or (2) Recycled or Reclaimed Water from the Carmel Area Wastewater District or Monterey Regional Water Pollution Control Agency wastewater treatment facilities.

 

B.        Sub-potable Water Use Credits shall be documented by written correspondence between the District and the property owner. 

 

C.        Sub-potable Water Use Credits shall not be documented by notice recorded on a property title. 

 

D.        Sub-potable Water Use Credits shall not be transferable to any other Site.

 

E.        A Sub-potable Water Use Credit may be applied to and shall allow future water use on that Site at any time within a period of 60 months.  After the 60th month, the General Manager shall allow renewal of this Sub-potable Water Use Credit only upon verification that some or all water savings represented by that credit are current (i.e. no Water Permit or other use of the Water Use Credit has occurred).  If all savings are not current, a pro-rata reduction shall occur.  A single renewal period of 60 months shall be allowed; thereafter any remaining unused Sub-potable Water Use Credit shall expire. 

 

F.         A Sub-potable Water Use Credit on a Redevelopment Project site may, in addition to the time limits and in the manner set forth above, have its expiration date extended for two (2) additional periods of sixty (60) months each, to afford any such Redevelopment Project a maximum period of two hundred forty (240) months to use that credit. 

 

G         Sub-potable Water Use Credit shall be calculated as follows:

 

            1.         The Applicant shall provide the District with a Landscape plan and calculation of the Landscape Water Budget completed by a Landscape Irrigation Auditor for the existing irrigated Landscaping.

 

            2.         The General Manager shall:

 

                        a.      Conduct an inspection of the Site to document the existing Landscaping and Irrigation System components;

 

                        b.      Verify the Landscape plan matches the existing Landscaping;

 

                        c.      Verify that all Landscaping was properly permitted or pre-dated any District Water Permit requirement.  This shall be done by reviewing the District’s file(s) for the Site and by comparing the Landscape plan against available orthoimagery.  Any unpermitted Landscaping that required a Water Permit shall result in a reduction of the Sub-potable Water Use Credit to coincide with the quantity of water needed for the unpermitted area.

 

                        d.      Review the Landscape Water Budget for accuracy.

 

            3.         The General Manager shall reduce the quantity of water estimated in the Landscape Water Budget by 25 percent (25%).  The reduced amount shall be permanently set aside to reduce overall community water demand and to ensure that any future Expansion of Use on the Site has no negative impact on the environment.

 

            4.         The General Manager shall further reduce the quantity of water estimated in the Landscape Water Budget for any unpermitted Landscaped areas.  The reduced amount shall be permanently set aside to reduce overall community water demand.

 

H.        A Notice and Deed Restriction Regarding Limitation on Use of Water on a Property and Notice and Deed Restriction to Provide Public Access to Water Use Data shall be recorded prior to documentation of a Sub-potable Water Use Credit.

 

I           Written notification of the quantity and expiration of a Sub-potable Water Use Credit shall be provided to the Applicant and to the property owner. 

 

J.         A valid Sub-potable Water Use Credit may provide the basis for the General Manager to issue a Water Permit for new, modified, or intensified Non-Residential water use on that Site using the Source of Supply from which the credit originated.

 

1.         There shall be no Connection Charge assessed for any Sub-potable Water Use Credit.  Connection Charges, however, shall apply to the Capacity for water use which exceeds the Sub-potable Water Use Credit, or for any Expansion of Use following the expiration of the Sub-potable Water Use Credit. 

 

2.         Use of a documented Sub-potable Water Use Credit to offset an Expansion of Use shall cause recordation of an amended Notice and Deed Restriction Regarding Limitation on Use of Water on a Property.

 

3.         No Connection Charge refund shall accrue by reason of a water use reduction or abandonment of Capacity, whether or not reflected by a Sub-potable Water Use Credit. 

 

4.         Issuance of a Sub-potable Water Use Credit shall not result in any change to a Jurisdiction’s Allocation or to any Water Entitlement.  Use of any Sub-potable Water Use Credit shall similarly not result in a change to a Jurisdiction’s Allocation or any Water Entitlement.

 

K.        A Sub-potable Water Use Credit shall enable reuse of saved water on the Site and may be moved between one or more structures on the same Site or used to construct new uses on the same Site, subject to the provisions of this Rule.

 

 

Section Six:                Publication and Application

 

The provisions of this ordinance shall cause the amendment and republication of Rules 11 and 25.5 and the addition of Rule 134 to the permanent Rules and Regulations of the Monterey Peninsula Water Management District. 

 

 

Section Seven:           Effective Date

 

This ordinance shall be given effect at 12:01 a.m. on October 18, 2007.

 

 

Section Eight:       Sunset

 

This ordinance shall not have a sunset date.

 

 

Section Nine:              Severability

 

If any subdivision, 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 or unenforceability 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 _____________, 2007, 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 ____________, 2007.

 

Witness my hand and seal of the Board of Directors this ____ day of _________, 2007.

 

 

________________________________

                                                                                    David A. Berger, Secretary to the Board