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State Water Resources Control Board (SWRCB) Order 95-10

State Water Resources Control Board Draft Cease and Desist Order Community Leader Workshop March 28, 2008. State Water Resources Control Board (SWRCB) Order 95-10. SWRCB Order 95-10 hearings ’92 – ’95: Determined waters in valley “underflow” - not groundwater

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State Water Resources Control Board (SWRCB) Order 95-10

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  1. State Water Resources Control BoardDraft Cease and Desist OrderCommunity Leader WorkshopMarch 28, 2008

  2. State Water Resources Control Board (SWRCB) Order 95-10 • SWRCB Order 95-10 hearings ’92 – ’95: • Determined waters in valley “underflow” - not groundwater • Allowed California American Water (CAW) to continue to divert water from the Carmel River • Required CAW to diligently pursue alternative water supplies • Established measures to protect Carmel River and habitat

  3. About the Draft Cease and Desist Order (DCDO) • Proposed by SWRCB staff • Sent via certified mail to Kent Turner, January 15, 2008 • It was a surprise • Changes Order 95-10, which originally limited CAW Carmel River diversions to 3,376 AFY with an interim goal of 11,285 AFY to: • Limit diversions to 5,642 AFY over next 7 years with a reduction diversion schedule • Is a 50% reduction from interim goal of 11,285 • Results in a 33% reduction in total customer usage from today

  4. What the DCDO alleges • CAW has not complied with Order 95-10 • Unauthorized diversions constitute a “trespass” • Hearings on the DCDO will be held prior to adopting a final order • Reduction diversion schedule recommended

  5. DCDO proposed reduction diversion schedule • Water year = October 1 – September 30 • Interim goal = 11,285 AFY (used as base line)

  6. California American Water’s position • In compliance with Order 95-10 • Diligently pursuing an alternative water supply • Implementing required mitigation measures • Meeting interim goal of 11,285 through customer conservation • Proposed reduction schedule is problematic • Imposes requirements that company cannot control • Jeopardizes health and safety • Doesn’t recognize water supply project schedules with realistic delays • Requested a hearing • Opposing entities and individuals to becoming a “party” to proceeding • Encouraging entities and individuals to enter “policy” statements into the record at April 1 hearing

  7. What CAW is doing to meet regulatory requirements • Pursuing appropriative permits for Carmel River water rights • Joint water rights owner with MPWMD, Phase 1 Aquifer Storage and Recovery – up to 2,426 AFY • Application to legalize 2,984 AF identified in Table 13 of SWRCB Decision 1632 (1995) • Pursuing additional sources of water supply • Coastal Water Project and alternatives • Sand City desal plant • Seaside Basin recycled water project • Partnership with Marina Coast Water District • Seeking contracts with other water rights holders • More aggressive conservation programs being implemented

  8. Regulatory impacts to your water supply 9,626 AFY reduction from 2007 usage or replacement supply needed

  9. Sources of water supply to meet regulatory requirement

  10. Regional Water Demands

  11. Regional Plan Projects • Proposed supply will address following needs: • Will water project or projects deliver water to meet schedule? • Regional Project Range (6,500 AFY – 22,500 AFY)

  12. Schedule of Proceedings • Tuesday, April 1: Public policy hearing • Monterey Conference Center, 1:00 p.m. • Thursday, June 19: Evidentiary hearing • Cal/EPA Building, Sacramento

  13. Questions & Answers

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