EXHIBIT 2-A
DRAFT URGENCY ORDINANCE
ORDINANCE NO. 135
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE
MONTEREY PENINSULA WATER MANAGEMENT DISTRICT AMENDING
THE DEFINITION OF THE
1. 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.
The Water Management District adopted Resolution No. 84-4 on
March 4, 1984, declaring its intent to support a county-wide Water Conservation
and Rationing Plan and participate in a county-wide effort with other agencies
in
5.
The Water Conservation and Rationing Plan for
6.
Based on the Water Conservation and Rationing Plan for
7.
On July 6, 1995, the State Water Resources Control Board
(SWRCB), in response to four complaints, issued Order WR No. 95-10 that found
that the groundwater in the aquifer underlying and closely paralleling the
8.
SWRCB Order WR No. 95-10 also found that California American
Water wells were drawing water from the subterranean stream associated with the
9.
SWRCB Order WR No. 95-10 directed California American Water
to reduce its average historical diversions from the Carmel River by 15% in
Water Year 1996 and 20% in each subsequent water year until its unlawful
diversions were terminated.
10.
In Water Year 1997, California American Water’s diversions
from the
11.
On January 28, 1999, to enable compliance with SWRCB Order WR
No. 95-10, the Water Management District adopted Ordinance No. 92 that
established an Expanded Water Conservation and Standby Rationing Plan.
12.
Since establishment of the Expanded Water Conservation and
Standby Rationing Plan in 1999, California American Water has complied with the
diversion limits specified in SWRCB Order WR No. 95-10 every year.
13.
On August 14, 2003, California American Water filed a lawsuit
in Monterey Superior Court, Case No. M66343 to adjudicate water rights in the
14.
Under the adjudication decision, California American Water’s
production from the Laguna Seca Subarea will be reduced from 345 Acre-Feet
Annually (AFA) to 0 AFA. Existing District definitions and rules did not
include regulation of the Laguna Seca Subarea within Regulation XV.
15.
Amendments to District Rules are necessary to address a water
emergency caused when increased consumption would force production over the
legal limits set by the
16.
The following District Rules shall be amended by this
ordinance: Rule 11 (Definitions), Rule 160 (General Provisions), Rule 161
(Stage 1 Water Conservation), Rule 162 (Stage 2 Water Conservation), Rule 163
(Stage 3 Water Conservation), Rule 164 (Stage 4 Water Rationing).
17.
This ordinance has been proposed for urgency enactment and
shall take effect on September 17, 2008 following a single reading provided it
is approved by at least five (5) members of the Board. The urgent need for immediate enactment of
this measure has arisen as this ordinance responds to water supply limitations
that may be imposed by the SWRCB in the pending California American Water Cease
and Desist (DCO) proceedings relating to SWRCB Order WR 95-10. This ordinance further responds to regulatory
modifications that have been proposed by California American Water to the
California Public Utilities Commission (CPUC) in its application
07-12-010. The provisions of this
ordinance shall preserve the health and safety of CAW water users.
18.
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:
Section One: Short
Title
This ordinance shall be
known as the 2008 Monterey Peninsula Water Resource System Redefinition
Ordinance of the Monterey Peninsula Water Management District.
Section Two: Purpose
This ordinance amends the
definition of the Monterey Peninsula Water Resource System to include the
Northern Inland Subarea and the Laguna Seca Subarea of the
Section Three: Amendments to Rule 11
A. Rule 11,
Definitions, shall be amended as shown below, with added language as shown in bold
italic type face, and deleted language shown in strikeout type
face.
SATELLITE SYSTEMS -- “Satellite Systems” shall mean
B. The current definition for
the Monterey Peninsula Water Resource System shall be deleted in its entirety
(shown in strikeout) and replaced with the following definition shown in
bold
italics:
MONTEREY WATER RESOURCE SYSTEM -
1. shall refer to lands which overlie
or are contiguous to (in whole or in part) water in the Carmel River (mainstem
and tributaries), Groundwater within the alluvial aquifer, and Groundwater
within the Seaside Coastal Subareas, as identified on MPWMD Boundary Map #1, as
that may be amended from time to time; or
2. shall mean the Groundwater and
surface water supplies which serve California American Water, other Water
Distribution Systems, and private Well Owners within the District, including
the surface water and Groundwater resources of the
3. shall exclude resources of the
Northern Inland Subarea and the Laguna Seca Subarea, and the
4. The District shall maintain a
current list of Water Distribution Systems within the
MONTEREY
PENINSULA WATER RESOURCE SYSTEM -- “Monterey Peninsula Water Resource System”
(“MPWRS”) shall mean the surface water in the Carmel River and its tributaries,
Groundwater in the Carmel Valley Alluvial Aquifer which underlies the Carmel
River, and Groundwater in the Seaside Groundwater Basin.
The District
shall maintain a current list of Water Distribution Systems within the
Section Four: Amendment
to Rule 160
Rule 160 shall
be amended as shown below, with added language as shown in bold italic type face,
and deleted language shown in strikeout type face.
RULE 160 - GENERAL
PROVISIONS
A. All Water Users within the Monterey Peninsula Water Management District shall comply with the District’s Water Waste and Non-Essential Water Use prohibitions and the water conservation requirements of Regulation XIV.
B. Prohibitions against Water Waste and Non-Essential Water Use
shall be enforced by the District and its designated agents in accordance with Rule
171 (Water Waste and Non-Essential Water Use Enforcement) and Regulation XI,
unless indicated otherwise.
C. Stage 1 Water Conservation shall apply
to all Water Users within the Monterey Peninsula Water Management District.
D. Stages 2 and 3 Water Conservation are intended to maintain
California American Water production within the limits set by the State Water
Resources Control Board (SWRCB) and by the Seaside
Basin Adjudication Decision (Seaside Decision).
E. Stage 1 Water Conservation through Stage 3 Water Conservation
shall apply to Water Users of any California American Water Distribution System where that
system derives its Source of Supply from the
Monterey Peninsula Water Resource System (MPWRS) for as long as California American Water is
subject to legal or regulatory water production limitations.
F. E. Stage 4 Water Rationing through
Stage 7 Water Rationing respond to limitations in supply caused by inadequate
system inflow and storage and or emergency situations that require
water reductions.
F. Stage 1 Water Conservation through Stage 3 Water
Conservation shall apply to Water Users of any California American Water Distribution System where that
system derives its Source of Supply from the
Monterey Peninsula Water Resource System (MPWRS) for as long as California American Water is
subject to legal or regulatory water production limitations.
G. Stage 4 Water Rationing through Stage 7 Water Rationing may apply to all Water
Distribution System Water Users and Water Users within the Monterey Peninsula
Water Resource System as a response to limited water supply. These stages shall also serve as responses to
emergency situations where immediate reductions in water use are necessary to
ensure public health, safety or
welfare. This regulation authorizes the
Board of Directors to determine by Resolution that any Water Distribution
System or set of Water Users within the Monterey Peninsula Water Management
District shall be subject to Stages 4 Water Rationing through Stage 7 Water
Rationing as provided in this Regulation.
H. As to water derived from the MPWRS, California American Water shall
maintain Unaccounted for Water Use in its MPWRS distribution system at or below
seven (7) percent. Average losses of
more than seven (7) percent during the most recent twelve-month period shall be
considered Water Waste. This limitation
shall not affect any California American Water system
east of, and including, the Ryan Ranch subunit.
I. California American Water shall amend its Urban Water Management Plan and
its Rule 14.1, Water Conservation and Rationing Plan – Monterey District, to
conform to this Regulation. A copy of
Rule 14.1 shall be filed with the California Public Utilities Commission (CPUC)
and the District within 30 days of the effective date of any amendment to this
Regulation.
J. At least 10 days prior to a first reading by the Board of
amendments to Regulation XV, a copy of the proposed changes shall be provided
to the CPUC Division of Ratepayer Advocates (DRA).
Section Five: Amendment to Rule 162
Rule 162 shall
be amended as shown below, with added language as shown in bold italic type
face, and deleted language shown in strikeout type 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 California American Water
production from the MPWRS below legal and regulatory
constraints. This is accomplished by
requiring implementation of Landscape Water Budgets for irrigators of three
acres or more, Large Residential Water Users, and Water Users with Dedicated
Irrigation Meters.
B. Stage
2 Water Conservation shall be enforced when California American Water
production from the MPWRS exceeds the year-to-date at month-end targets as
displayed in Table XV-1.
1. The monthly distribution of water production from MPWRS, as
shown in Table XV-1 shall be approved by the Board of Directors as part of the
Quarterly Water Supply Strategy and Budget process. The Board shall hold public hearings during
the Board’s regular meetings in September, December, March, and June, at which
time the Board may modify Table XV- 1 by Resolution.
[This space intentionally left blank]
Table XV-1
Regulatory Water Production Targets
for
Within the
(All Values in Acre-Feet)
|
Month |
Monthly Target |
Year-to-Date
at Month-End
Target |
|
October |
1,323 |
1,323 |
|
November |
1,071 |
2,394 |
|
December |
961 |
3,355 |
|
January |
941 |
4,296 |
|
February |
867 |
5,163 |
|
March |
999 |
6,162 |
|
April |
1,144 |
7,306 |
|
May |
1,388 |
8,694 |
|
June |
1,491 |
10,185 |
|
July |
1,586 |
11,771 |
|
August |
1,586 |
13,357 |
|
September |
1,432 |
14,789 |
|
TOTAL |
14,789 |
-- |
|
|
||
|
Note: Monthly
and year-to-date at month-end production targets are based on the annual
production limit specified for the California American Water (CAW) main
system from |
||
Table
XV-2
Regulatory Water Production Targets
for
(All Values in Acre-Feet)
|
Month |
2008 Monthly
Production |
2008 Year-to-Date
Production at
Month’s End |
2009 Monthly
Production |
2009 Year-to-Date
Production at
Month’s End |
|
October |
34 |
34 |
27 |
27 |
|
November |
23 |
57 |
18 |
45 |
|
December |
19 |
76 |
15 |
60 |
|
January |
16 |
92 |
13 |
73 |
|
February |
15 |
107 |
11 |
84 |
|
March |
19 |
126 |
15 |
99 |
|
April |
24 |
150 |
19 |
118 |
|
May |
33 |
183 |
26 |
144 |
|
June |
38 |
221 |
30 |
174 |
|
July |
43 |
264 |
33 |
207 |
|
August |
42 |
306 |
33 |
240 |
|
September |
40 |
346 |
31 |
271 |
|
Total |
346 |
|
271 |
|
Note:
Total Production shown on this Table shall incorporate
increased water supplies as may be recognized by the
C. Option
1: Stage 2 Water Conservation
shall be enforced on the Satellite Systems when the Combined Systems have
exceeded the year-to-date at month-end production as shown in Table XV-1 and
the Satellite Systems have exceeded the year-to-date at month-end production as
shown in Table XV-2.
Option
2: Stage 2 Water Conservation shall be
enforced on the Satellite Systems when the Satellite Systems have exceeded the
year-to-date at month-end production target noted in Table XV-2.
The
monthly distribution of water production shown in Table XV-2 shall be approved
by the Board of Directors as part of the Quarterly Water Supply Strategy and
Budget process. The Board may modify
Table XV- 2 by Resolution following a public hearing held during the Board’s
regular meeting in September, December, March, or June.
CD. STAGE
1 REQUIREMENTS CONINTUE. 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.
DE. IMPLEMENTATION
OF LANDSCAPE WATER: All Water Users
required to obtain a Landscape Water Budget under
District Rule 172 are required to manage outdoor irrigation within the
Landscape Water Budget assigned to the property.
EF. WATER
WASTE. Water use in excess of
the established Landscape Water Budget shall be considered Water Waste.
FG. 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 two
consecutive months in the subsequent Water Year.
GH. NOTICE. California American Water shall provide an
annual reminder notice to MPWRS Users with Landscape Water Budgets to report
modifications in Landscaping which could alter an existing budget.
HI. MONTHLY
CONSUMPTION REPORTS: During any Stage 2,
3, 4, 5, 6, or 7, California American Water 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.
Section Six: Amendment to Rule 163
Rule 163 shall
be amended as shown below, with added language as shown in bold italic type
face, and deleted language shown in strikeout type face.
RULE 163 – STAGE 3 WATER CONSERVATION
A. STAGE 3 DEFINITION. 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 California American Water use in
the MPWRS below legal and regulatory
constraints. It provides a procedure to
enable emergency temporary increases in the upper block volume rates and requires
increased action by California American Water to reduce Unaccounted For Water
Use 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.
Upon implementation of Stage 3 Water Conservation, California American Water shall
immediately submit a plan to the General Manager to reduce Unaccounted For
Water Uses in its MPWRS Water Distribution Systems to seven (7) percent or less
measured by the most recent twelve-month rolling average and shall immediately
act on such plan. California American
Water shall provide a progress report to the Board of Directors monthly until
Stage 3 is sunset.
B. REGULATORY
TRIGGER MAIN SYSTEM. Stage 3
Water Conservation shall be enforced in its Main California American Water System
when any of the following criteria
has been met: 1) California American Water’s year-to-date production from the
MPWRS exceeds the year-to-date production target shown in Table XV-1 by 5
percent or more at the end of the first quarter of the Water Year, or 2) California
American Water’s year-to-date production from the MPWRS shown in Table XV-1 exceeds the year-to-date production target
by 4 percent or more at the end of January, or the year-to-date target by 2.5
percent or more at the end of February, or the year-to-date target by 1 percent
or more at the end of March, or 3) California American Water’s year-to-date
production target from the MPWRS shown in Table XV-1 on a
year-to-date basis exceeds the year-to-date targets for a consecutive seven-day
period during the months of April, May or June; or 4) the California American
Water’s production from the MPWRS shown in Table XV-1 on a
year-to-date basis exceeds the year-to-date target on any single day during
July, August, or September; or 5) a Resolution has been adopted by the Board in
accord with Section C below.
BC. REGULATORY
TRIGGER – SATELLITE SYSTEMS. Stage 3
Water Conservation shall be enforced in California American Water’s Satellite
Systems when any of the following criteria has
been met: 1) Satellite System year-to-date production exceeds the year-to-date
production target shown in Table XV-2
by 5 percent or more at the end of the first quarter of the Water Year, or 2) Satellite
System year-to-date production from shown in Table XV-2
exceeds the year-to-date production target by 4 percent or more at the
end of January, or the year-to-date target by 2.5 percent or more at the end of
February, or the year-to-date target by 1 percent or more at the end of March,
or 3) Satellite System year-to-date production target shown in Table XV-2 on a year-to-date basis exceeds
the year-to-date targets for a consecutive seven-day period during the months
of April, May or June; or 4) the Satellite System production from the Table XV-2 on a year-to-date basis exceeds
the year-to-date target on any single day during July, August, or September; or
5) a Resolution has been adopted by the Board in accord with Section D below.
CD. 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.
DE. NOTICE. California American Water shall
notify its Water Users that Emergency Rates approved by the
CPUC will be imposed upon the effective date of Stage 3 Water Conservation.
EF. STAGE
1 REQUIREMENTS CONTINUE.
Requirements imposed by implementation
of the Expanded Water Conservation and Standby Rationing Plan through Stage 2 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.
FG. SUNSET
OF STAGE 3 WATER CONSERVATION. Without
further action by the Board of Directors, the provisions of Stage 3 Water
Conservation shall be rescinded and Water Users shall revert to Stage 1 Water
Conservation upon compliance with the applicable year-to-date at month-end
production goal for two consecutive months in the subsequent Water Year.
Regulatory compliance during a period of Stage 4 Water Rationing shall not cause a sunset of this provision.
GH. NOTICE. California American Water shall
provide notice of mandatory water conservation with each bill.
HI.
Section Seven: Amendment to Rule 164
Rule 164 shall
be amended as shown below, with added language as shown in bold italic type
face, and deleted language shown in strikeout type face.
RULE 164 – STAGE 4 WATER RATIONING
A. STAGE 4 DEFINITION. 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
other threatened or existing emergency water supply shortage with a 15 percent
reduction goal from system production limits for non-California American Water
Users.
Fifteen percent reductions in the
California American Water system
are achieved through Stage 3 Water Conservation. In the event that CAW is not currently at
Stage 3, CAW shall implement Stage 3 Water Conservation for all affected systems
upon declaration of Stage 4 Water Rationing.
B. TRIGGER
1. Water Supply Limitation Trigger
Stage
4 Water Rationing shall apply to all Water Distribution Systems, private Wells,
or Water Users whose Source of Supply is derived from
the MPWRS unless proof is provided to
demonstrate a superior, unimpaired water right to exempt the Water Distribution
System, private Well, or Water User from the Stage 4 rationing
restrictions. Evidence of riparian water
rights may be established by a Declaration under penalty of perjury, unless it
is refuted by other proof. Stage 4 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 27,807 Acre-Feet and
greater than 21,802 Acre-Feet. If total
usable storage is equal to or greater than 27,807 Acre-Feet on May 1, no water
rationing shall be imposed.
2. Emergency Trigger
Stage
4 Water Rationing 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 supply shortage.
C. REQUIREMENTS. Requirements
previously imposed by implementation of the Expanded Water Conservation and
Standby Rationing Plan shall remain in force.
Requirements may be modified or superseded by actions taken in this or
future stages of the Expanded Water Conservation and Standby Rationing Plan.
D. 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 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 27,807 Acre-Feet on January 1.
2. In the event total usable storage is greater than 27,807
Acre-Feet, the General Manager shall review California American Water’s
year-to-date production. Upon compliance
with the monthly year-to-date goals specified in Table XV-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 California American Water’s
year-to-date production exceeds the year-to-date goal specified in Table XV-1
of Rule 162, California American Water Users
shall revert to either Stage 2 or Stage 3 Water Conservation. If Satellite System year-to-date production exceeds
the year-to-date goal specified in Table XV-2 of Rule 162, Satellite System Water Users shall revert to
either Stage 2 or Stage 3 Water Conservation.
3. Emergency
Upon
correction of a water supply limitation caused by an emergency, Stage 4 Water
Rationing shall sunset without action by the Board.
E. NOTICE.
1. Upon direction of the General Manager, MPWMD shall
notify all non-California American Water Water Distribution System
Operators affected by Stage 4 Water Rationing that reductions in water use are
necessary and that stricter water rationing is imminent. Water Distribution System Operators shall
ensure that notices provided or required by the District shall be distributed to
their Water Users. A copy of each
notice shall be filed with the District as well as a current mailing list for
all Water Users in that system. The District shall preserve the confidentiality
of any mailing list provided pursuant to this Regulation.
2. The District shall notify all Water Users of private Wells (Single-Parcel Connection Systems) within the MPWRS. Notice shall be via first class mail and shall explain the requirements for Stage 4 Water Rationing and shall provide and/or request additional information from the private Well Owner as deemed necessary for the efficient operation of the rationing program.
3. CAW shall provide notice to its customers that water rationing is imminent. CAW shall further provide its customers with a survey form to indicate any change in the number of residents or the type of Non-Residential use. Surveys shall be returned to CAW within 30 days.
Section Eight: Amendment to Rule 165
Rule 165 B 1. shall
be amended as shown below, with added language as shown in bold italic type
face, and deleted language shown in strikeout type face.
1.
a. Water
Supply Limitation Trigger – Main System. 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 in the Main
b. Water Supply Limitation Trigger –
Satellite Systems. Stage 5 Water Rationing
shall be enforced in Satellite Systems when any of the following criteria has
been met: 1) Satellite System year-to-date production exceeds the year-to-date
production target shown in Table XV-2 by ___ percent or more at the end of
the first quarter of the Water
Year, or 2) Satellite System year-to-date production from shown in Table XV-2 exceeds the year-to-date production target by
___ percent or more at the end of January, or the year-to-date target by ___ percent
or more at the end of February, or the year-to-date target by 1 percent or more
at the end of March, or 3) a Resolution has been adopted by the Board in accord
with Section D below.
The remaining provisions of Rule 165 shall remain unchanged by this ordinance.
Section Nine: Amendment to Rule 166
Rule 166 B 1. shall
be amended as shown below, with added language as shown in bold italic type
face, and deleted language shown in strikeout type face.
2.
a. Water
Supply Limitation Trigger – Main System. 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 in the Main California American Water System 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 acre-feet and
greater than 18,890 acre-feet. If total
usable storage is equal to or greater than 31,580 acre-feet on May 1, no water
rationing shall be imposed.
b. Water Supply Limitation Trigger –
Satellite Systems. Stage 5 Water Rationing
shall be enforced in Satellite Systems when any of the following criteria has
been met: 1) Satellite System year-to-date production exceeds the year-to-date
production target shown in Table XV-2 by ___ percent or more at the end of
the first quarter of the Water
Year, or 2) Satellite System year-to-date production from shown in Table XV-2 exceeds the year-to-date production target by
___ percent or more at the end of January, or the year-to-date target by ___ percent
or more at the end of February, or the year-to-date target by 1 percent or more
at the end of March, or 3) a Resolution has been adopted by the Board in accord
with Section D below.
The remaining provisions of Rule 166 shall remain unchanged by this ordinance.
Section Ten: Amendment to Rule 167
Rule 167 B 1. shall
be amended as shown below, with added language as shown in bold italic type
face, and deleted language shown in strikeout type face.
a. Water Supply Limitation Trigger – Main System. Stage 7 Water Rationing shall apply to all
water users whose source of supply is derived from the MPWRS. Stage 6 Water Rationing shall become
effective in the Main California American Water System 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 18,890
acre-feet. If total usable storage is
equal to or greater than 31,580 acre-feet on May 1, no water rationing shall be
imposed.
b. Water Supply Limitation Trigger –
Satellite Systems. Stage 5 Water Rationing
shall be enforced in Satellite Systems when any of the following criteria has
been met: 1) Satellite System year-to-date production exceeds the year-to-date
production target shown in Table XV-2 by ___ percent or more at the end of
the first quarter of the Water
Year, or 2) Satellite System year-to-date production from shown in Table XV-2 exceeds the year-to-date production target by
___ percent or more at the end of January, or the year-to-date target by ___ percent
or more at the end of February, or the year-to-date target by 1 percent or more
at the end of March, or 3) a Resolution has been adopted by the Board in accord
with Section D below.
The remaining provisions of Rule 167 shall remain unchanged by this ordinance.
Section Eleven: 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.
This ordinance
shall be adopted with urgency effect and take effect at 12:01 a.m. on September
17, 2008. Insofar as this Ordinance has
been enacted as an urgency measure, it shall have no force or effect after
September 30, 2009.
Section Thirteen: 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 by Director __________, and second by
Director ____________, the foregoing ordinance is adopted upon this ______ day
of ________________, 2008, by the following vote:
AYES:
NAYS:
ABSENT:
I, ____________________, 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 _____________ 2008.
Witness my hand and seal of the Board of Directors
this ________ day of ____________ 2008.
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