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Water Credit Transfer Issues

Water Credit Transfer Issues. Joint Meeting of the MPWMD Board of Directors and the District’s Policy and Technical Advisory Committees August 26, 2004. /u/demand/work/boardpack/2004/april/. Water Credit Transfer Program.

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Water Credit Transfer Issues

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  1. Water Credit Transfer Issues Joint Meeting of the MPWMD Board of Directors and the District’s Policy and Technical Advisory Committees August 26, 2004 /u/demand/work/boardpack/2004/april/

  2. Water Credit Transfer Program • Rule 28 presently allows commercial-to-commercial and commercial-to-public Water Use Credit transfers. • 15 percent of water saved is set aside as permanent conservation savings. • Approval of a transfer is discretionary (e.g. Board consideration is required)

  3. BACKGROUND • February 2002: District Board rescinded the Water Use Credit transfer rule (Ordinance No. 102) and began discussing the need for an EIR on the Water Credit Transfer Program. • May 2002: Six cities file a lawsuit against the District challenging the rescission of the program on CEQA grounds. • May 2003: As part of a settlement agreement, the District reinstates the Water Use Credit transfer rule with Ordinance No. 107. Ordinance No. 108 is also adopted, changing the approval process from ministerial (staff level) the discretionary (Board level).

  4. BACKGROUND • August 2003: After reviewing the time and cost associated with completing an EIR on the Water Credit Transfer Program, the Board decides not to proceed with an EIR. • January 2004: The Board indicates that it may reconsider preparing an EIR on the Water Credit Transfer Program. PAC/TAC recommend the Board wait and allow the TAC to consider other transfer concepts.

  5. BACKGROUND • February 25 TAC Meeting: Recommendation to change approval of Water Credit Transfers from discretionary process to ministerial process. • March 9 Water Demand Committee: WD Committee supports TAC recommendation with modifications to incorporate safeguards from Ordinance No. 101 without triggering an EIR. • June 21: Two comment letters are received challenging the CEQA analysis of the proposed ordinance (No. 117) which concluded that a Negative Declaration was appropriate. • July 19: Board postpones first reading of Ordinance No. 117 and directs staff to discuss the water credit transfer program at a public workshop with the PAC and TAC and the interested parties.

  6. Represents the Technical Advisory Committee’s recommendation to the Board; • Adds refinements requested by the Water Demand Committee that include safeguards from Ordinance No. 101, such as reviewing actual water records to establish transferable credit. • The ordinance includes standard Conditions of Approval. • The ordinance includes administrative fees for transfer applications, fees to review projects that utilize new water saving technology, and fees for Special Circumstances under Rule 24-G. Draft Ordinance No. 117

  7. RECOMMENDATION Following discussion by the PAC/TAC and the Board, staff should be given direction on the Water Credit Transfer Program.

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