ABSTRACT: On Tuesday, April 1, 2008, the State Water Resources Control Board will hold a Meeting to Receive Public Policy Statements; “The purpose of the meeting is to provide members of the public the opportunity to present non-evidentiary policy statements to the hearing officers and other members of the State Water Board concerning their views on the proposed enforcement action...This meeting is not the time and place to present evidence for or against the proposed enforcement action.” The meeting begins no earlier than 1:00 p.m. in the De Anza I Room at the Portola Hotel & Spa in Monterey, CA. The Hearing will commence on Thursday June 19, 2008, at 9:00 A.M. in Sacramento, CA. A portion of Cease and Desist Order WR 2008–00XX-DWR is reproduced and link to the complete document is provided. Information about the City of Carmel-by-the-Sea filing a NOTICE OF INTENT TO APPEAR at the Cease and Desist Order Hearing for California American Water Carmel River in Monterey County scheduled for Thursday, June 19, 2008 and a letter from The Monterey County Mayor’s Association opposing the “Cease and Desist Order" issued by the State Water Quality Resources Control Board against the California-American Water Company is presented. Apparently, as reported in The Carmel Pine Cone, the City cancelled the regular City Council meeting scheduled for Tuesday, April 1, 2008 in order “to participate in the State Water Resources Control Board hearings.” The City rescheduled the meeting for Thursday, April 3, 2008 @ 4:30 P.M.
State Water Resources Control Board
Division of Water Rights
www.waterrights.ca.gov
NOTICE OF PUBLIC HEARING,
MEETING TO RECEIVE PUBLIC POLICY STATEMENTS
and
PRE-HEARING CONFERENCE
Carmel River in Monterey County
Selected relevant excerpts, as follows:
The State Water Resources Control Board will hold a Pre-Hearing Conference, a Meeting to Receive Public Policy Statements and Public Hearing to Determine whether to Adopt a Draft Cease and Desist Order against California American Water Company.
The Meeting to Receive Public Policy Statements will commence immediately following a meeting of the State Water Resources Control Board on Tuesday April 1, 2008, no earlier than 1:00 p.m. in the De Anza I Room Portola Hotel & Spa at Monterey Bay Two Portola Plaza Monterey, CA. The Hearing will commence on Thursday June 19, 2008, at 9:00 a.m. and continue, if necessary, on Friday, June 20, 2008, at 9:00 a.m. in the Coastal Hearing Room Joe Serna, Jr./Cal EPA Building 1001 I Street, Second Floor, Sacramento, CA.
PURPOSE OF HEARING
The purpose of this hearing is for the State Water Resources Control Board (State Water Board or Board) to receive evidence relevant to determining whether to adopt, with or without revision, draft Cease and Desist Order (CDO). The draft order was issued against California American Water (CAW) on January 15, 2008 by the Assistant Deputy Director for the Division of Water Rights Division) for the unauthorized diversion of water from the Carmel River in Monterey County.
KEY ISSUE
Should the State Water Board adopt the draft CDO? If the draft CDO should be adopted,
should any modifications be made to the measures in the draft order? What is the basis for each modification?
MEETING TO RECEIVE PUBLIC POLICY STATEMENTS
A meeting for the receipt of public policy statements will be held on Tuesday, April 1, 2008, at no earlier than 1:00 p.m. in the De Anza I Room at the Portola Hotel & Spa in Monterey, California. The purpose of the meeting is to provide members of the public the opportunity to present non-evidentiary policy statements to the hearing officers and other members of the State Water Board concerning their views on the proposed enforcement action. Persons who wish to address the State Water Board during the public hearing need not file a Notice of Intent to Appear. Policy statements to the State Water Board will be limited to five minutes or such other time as may be established by the hearing officer. Written submissions of oral statements are encouraged. This meeting is not the time and place to present evidence for or against the proposed enforcement action. Persons who wish to offer evidence regarding this matter may file a Notice of Intent to Appear for the evidentiary hearing in accordance with the instructions found in this notice. This meeting will be the only opportunity to present oral public policy statements. Oral statements will not be accepted at the hearing on June 19, 2008. However, written policy statements will be accepted until the beginning of the hearing on June 19, 2008.
STATE OF CALIFORNIA
CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY
STATE WATER RESOURCES CONTROL BOARD
DIVISION OF WATER RIGHTS
In the Matter of Unauthorized Diversion of Water by the
California American Water Company DBA California American Water
Cease and Desist Order WR 2008-00XX-DWR
SOURCE: Carmel River tributary to the Pacific Ocean
COUNTY: Monterey County
YOU ARE HEREBY GIVEN NOTICE THAT:
The State Water Resources Control Board (State Water Board) is authorized under Water Code section 1831 to issue a Cease and Desist Order (CDO) requiring California American Water (Cal-Am) to make further reductions in its unauthorized diversions from the Carmel River. The State Water Board issued Order WR 95-10 (Order 95-10) in 1995, determining that a substantial portion of the diversions made from the Carmel River by Cal-Am is unauthorized. At that time, the State Water Board deferred enforcement action and instead established water conservation goals and other actions Cal-Am could take to reduce the effects of its diversions as it sought to obtain an adequate legal water supply. In the twelve years since Order 95-10 was adopted, Cal-Am has not terminated its unlawful diversions from the Carmel River...
On March 14, 2008, the City of Carmel-by-the-Sea filed a NOTICE OF INTENT TO APPEAR at the Cease and Desist Order Hearing for California American Water Carmel River in Monterey County scheduled for Thursday, June 19, 2008. Thirteen names have been submitted to present testimony, including Mayor Sue McCloud, Vice Mayor Ken Talmage, City Administrator Rich Guillen, City Clerk/Deputy Administrator Heidi Burch, City Attorney Don Freeman, Police Chief George Rawson, Fire Chief Andrew Miller, Planners Sean Conroy and Brian Roseth, Administrative Services Director Joyce Guiffre, Engineer Gilbert Neill and Walter Kieser and/or David Zehndr. The estimated length of testimony for each participant is 20 minutes.
By comparison, the City of Monterey's NOTICE OF INTENT TO APPEAR listed only the mayor, Mayor Chuck Della Sala, for a 20 minutes presentation. The City of Seaside submitted five names, including Mayor Ralph Rubio, City Manager, Public Works Director, Economic Planning Systems Consultant and Redevelopment Project Manager. The City of Sand City submitted two names, including Mayor David Pendergrass and Community Development Director. And the Pebble Beach Company submitted five names.
The Monterey County Mayor’s Association, signed by 12 mayors, submitted a letter dated March 20, 2008 to the State Water Resources Control Board opposing the “Cease and Desist Order “ issued by the State Water Quality Resources Control Board against the California-American Water Company.
View Guest Commentary, “State needs to be realistic, flexible on pumping options,” by Dale Hekhuis, former member of the Monterey Peninsula Water Management District board.
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