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WATER DEMAND COMMITTEE |
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4. |
DISCUSS DEVELOPMENT
OF AN ORDINANCE THAT WOULD ESTABLISH A PROCESS FOR AUTHORIZING ADJUSTMENTS TO
WATER DISTRIBUTION SYSTEM PRODUCTION AND CONNECTION LIMITS |
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Meeting
Date: |
July 14, 2008
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Budgeted:
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N/A
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From: |
Darby
Fuerst, |
Program/ |
N/A |
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General
Manager |
Line Item
No.: |
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Prepared
By: |
David
Laredo, |
Cost
Estimate: |
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General
Counsel |
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General Counsel Approval: Yes |
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CEQA Compliance: Categorical exemption, section 15307. |
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SUMMARY: This matter presents, for committee review, a concept ordinance that would establish a process for authorizing adjustments to Water Distribution System Production and Connection limits. The committee will discuss development of an ordinance and provide direction to staff.
RECOMMENDATION: The committee should provide direction to staff.
BACKGROUND: The District has actively regulated water distribution systems to protect District water resources and to assure that sufficient water will be available for present and future beneficial use by all District inhabitants and lands. The first regulation of the creation and expansion of water distribution systems was enacted on February 11, 1980, by Ordinance No. 1. Later amendments were made to this process by Ordinance No. 105, adopted on December 16, 2002, and Ordinance No. 118 adopted on December 13, 2004.
Ordinance No. 118 revised the District Rules
and Regulations to add the definition of “Pro Rata Expansion Capacity” and
create a process under Rule 40 by which the owner or operator of a Water
Distribution System exceeding its Pro Rata Expansion Capacity is required to
implement a plan to bring the Water Distribution System back into balance with
its projected Water Distribution System Capacity. Rule 40 was also amended to enable adjustment
of Water Distribution System limits based on credible evidence where a Water
Distribution System could not be brought into balance with its Water
Distribution System Capacity. Ordinance
No. 118 was enacted to address situations not previously anticipated or
explicitly addressed in the Rules and Regulations.
This Ordinance would address a similar
circumstance to that remedied by Ordinance No. 118, where a Water Distribution
System has not yet exceeded its System Capacity or its Expansion Capacity, as
defined by District Rule 11, but for which credible evidence establishes that
the System Capacity or Expansion Capacity, or both, require modification.
This ordinance shall be known as the Water
Distribution System Capacity and Expansion Capacity Modification Ordinance of
the Monterey Peninsula Water Management District.
4-A Concept draft ordinance
U:\staff\word\committees\waterdemand\2008\20080714\04\item4.doc