PowerPoints: Carmel River-History, Restoration and Protection and Water Supply Problems and Possible Solutions in the Monterey Peninsula Area

ABSTRACT: At the Carmel Residents Association May Meeting yesterday, Larry Hampson, Water Resources Engineer, Monterey Peninsula Water Management District (MPWMD), and Darby Fuerst, Interim General Manager, MPWMD, presented PowerPoint Presentations entitled Carmel River - History, Restoration, and Protection and Water Supply Problems and Possible Solutions in the Monterey Peninsula Area, respectively. The Mission of the MPWMD, an Area Map and information about Larry Hampson and Darby Fuerst are presented. HIGHLIGHTS of the PowerPoint Presentations are presented. THE MISSION OF THE MONTEREY PENINSULA WATER MANAGEMENT DISTRICT IS TO MANAGE,AUGMENT AND PROTECT WATER RESOURCES FOR THE BENEFIT OF THE COMMUNITY AND THE ENVIRONMENT. DRAFT AREA MAP The Monterey Peninsula, Carmel Bay, and South Monterey Bay Region CRA May General Meeting: Larry Hampson and Darby Fuerst Water problems and solutions, plus history and ecology of the river Larry Hampson, Water Resources Engineer B.S. Engineering Science, graduate-level courses in river mechanics from Colorado State University M.B.A. University of Colorado Licensed Civil Engineer in Colorado and California Water Resources Engineer for the past 17 years Hampson has focused on the sustainable use of the river by balancing restoration and protection of stream-side habitat with the needs of riverfront property owners and the Monterey Peninsula. Darby Fuerst, Interim General Manager B.S. Geological Sciences M.S. Hydrology and Water Resources Administration Certified Professional Hydrologist with the American Institute of Hydrology 23 years as a Hydrologist, Water Resources Manager and currently as Interim General Manager for the Monterey Peninsula Water Management District. Highlights of Carmel River - History, Restoration, and Protection, A Presentation to the Carmel Residents Association, October 23, 2008 by Larry Hampson, Water Resources Engineer • Topics include, History, Ecology, Restoration and Protection • Threatened Species Protected in 1996 and 1997 Steelhead and California Red-legged Frog • Court Battles, Citizen Efforts, Better Management Halt Degradation of River 1974 - suit over groundwater extraction in mid-Valley 1976-77 - Carmel River Watch (CREW) established 1983 - 84% yes vote for river restoration program 1984 – MPWMD orders pumping to be shifted downstream 1987 – four complaints filed against Cal- Am with SWRCB 1990 – EIR on water allocation results in expanded Mitigation Program for river 1995 – SWRCB issues WR Order 95-10 1996-97 – listing of steelhead and California red-legged frogs spurs tighter federal controls of activities along the river 2000-2005 Cal-Am surface diversions further curtailed 2008 – Coastal Conservancy sponsors Sand Clemente Dam removal and river re-route 2007-08-09 (?) - SWRCB revisits Order 95- 10 • What Are the Threats to Resources of the Carmel River? Los Padres Reservoir may continue to impound sediment from the upper watershed Loss of surface storage may result in less flow downstream in the summer Lack of sediment may destabilize streambanks Armoring of streambanks is likely to continue after large floods Diversions in lower river continue to affect vegetation and aquatic habitat Global warming may cause larger swings in temperature and rainfall • Moving Forward Significant bond act funding may be available to continue restoration and mitigation efforts Private and non-profit groups such as the Big Sur Land Trust and the Planning and Conservation League are interested in restoring and maintaining the watershed San Clemente Dam to be removed by State Coastal Conservancy New water supplies for the Monterey Peninsula are projected to be completed within eight years - these projects will allow a reduction in diversions from Carmel Valley • River Reroute and Dam Removal Maximize the Public Benefits • Mitigation Program Direct Measures Seaside basin injection/recovery Fish rescue, rearing, habitat improvement Irrigation of Carmel River riparian corridor Vegetation management/modification and augmentation Streambank and channel restoration Highlights of Water Supply Problems and Possible Solutions in the Monterey Peninsula Area, A Presentation to the Carmel Residents Association, October 23, 2008 by Darby Fuerst, Interim General Manager • Distribution of California American Water Production by User Type Approximately 55% Residential • Physical Limitations on Water Supply Extreme annual and seasonal variability of streamflow in the Carmel River Inadequate surface water and groundwater storage capacity in Carmel River Basin Infrequent, but certain drought events, i.e., consecutive dry or critically-dry inflow years Threat of seawater intrusion in Carmel River and Seaside Groundwater Basins • Legal Limitations on Water Supply State Water Resources Control Board Order No. WR 95-10 against California American Water (CAW) Order 95-10 requires CAW to reduce its diversions from the Carmel River by approximately 75% • Water Supply Requirements MPWMD has estimated that 12,500 acre-feet per year (AFY) of replacement supplies are required to meet existing water demands and comply with Order 95-10 and the Seaside Decision. In addition, MPWMD has estimated, based on input from the jurisdictions within the District, that an additional 4,500 AFY of supplies are required to meet future water demands within the District • Water Supply Solutions CAW’s proposed Coastal Water Project Water for Monterey County Coalition’s1proposed Regional Water Project Monterey Regional Water Pollution Control Agency’s proposed Groundwater Replenishment Project MPWMD/CAW’s Phase 1 Aquifer Storage and Recovery (ASR) Project, in operation. MPWMD’s proposed Phase 2 ASR Project MPWMD’s proposed Seawater Desalination Project (“95-10 Project”) in the former Fort Ord area.

State Water Resources Control Board Deny Petitions for Reconsideration of Water Rights Order No. 2016-0016 Filed by Ratepayers Association of the Monterey Peninsula (WRAMP, aka Water Plus) & Public Trust Alliance

ABSTRACT: On Tuesday, November 1, 2016, the State Water Resources Control Board adopted the proposed Order Denying Petitions for Reconsideration of Water Rights Order No. 2016-0016, adopted by the Board on July 19, 2016, filed by Ratepayers Association of the Monterey Peninsula (WRAMP, aka Water Plus) and Public Trust Alliance. "Order WR 2016-0016 extends the date by which Cal-Am must cease its unauthorized Carmel River diversions from December 2016 to December 2021 and sets a maximum diversion limit of 8,310 acre-feet, subject to further reductions of 1,000 acre-feet should Cal-Am not satisfy specific milestone dates for construction of, and thence use of water from, a desalination project and a recycled water project (Pure Water Monterey)." (DRAFT) CONCLUSION For the reasons stated above, the State Water Board finds that State Water Board Order WR 2016-0016 was appropriate and proper, and denies the petitions for reconsideration. To the extent that the petitions for reconsideration purported to raise issues not addressed in this order, the State Water Board finds that the issues do not raise substantial issues related to the causes for reconsideration enumerated in California Code of Regulations, title 23, section 768. ORDER IT IS HEREBY ORDERED THAT the petitions for reconsideration are denied.

SWRCB 11-01-16 Agenda Rev by L. A. Paterson on Scribd

STATE WATER RESOURCES CONTROL BOARD
BOARD MEETING
Tuesday, November 1, 2016 – 9:00 a.m.

REVISED AGENDA

SWRCB 11-01-16 ITEM 6 by L. A. Paterson on Scribd

STATE WATER RESOURCES CONTROL BOARD

BOARD MEETING SESSION – DIVISION OF WATER RIGHTS

NOVEMBER 1, 2016

ITEM 6

weitzman 08-16-16 by L. A. Paterson on Scribd

PETITION TO THE CALIFORNIA STATE WATER RESOURCES CONTROL BOARD TO RECONSIDER THE ORDER TO AMEND ORDER WR 2009-0060
Petitioner Water Ratepayers Association of the Monterey Peninsula
Dr. Ron Weitzman, President

Warburton 08-15-16 Pet Reconsid by L. A. Paterson on Scribd

Petition for Reconsideration of Order WR 2016-0016
Petitioner: Michael Warburton

Executive Director 

Public Trust Alliance

REFERENCES:

California-American Water Company Request to Change Order WR 2009-0060

Petition to reconsider Carmel River cutback order extension denied
By Jim Johnson, Monterey Herald
Posted: 11/03/16, 5:18 PM PDT

STATE WATER RESOURCES CONTROL BOARD BOARD MEETING/HEARING/WORKSHOP Tuesday, July 19, 2016, DIVISION OF WATER RIGHTS 7. Consideration of a proposed Resolution to adopt an order revising and amending State Water Board Order WR 2009-0060, a cease and desist order regarding California-American Water Company’s unlawful diversions from the Carmel River.

ABSTRACT: The STATE WATER RESOURCES CONTROL BOARD is scheduled to conduct a BOARD MEETING/HEARING/WORKSHOP on Tuesday, July 19, 2016 and Wednesday, July 20, 2016.  On Tuesday, the Board will consider Item 7, DIVISION OF WATER RIGHTS 7. Consideration of a proposed Resolution to adopt an order revising and amending State Water Board Order WR 2009-0060, a cease and desist order regarding California- American Water Company’s unlawful diversions from the Carmel River. Documents copies of STATE WATER RESOURCES CONTROL BOARD BOARD MEETING/HEARING/WORKSHOP Tuesday, July 19, 2016 – 9:00 a.m. Wednesday, July 20, 2016 – 9:00 a.m. and ITEM 7 SUBJECT CONSIDERATION OF A PROPOSED RESOLUTION TO ADOPT AN ORDER REVISING THE COMPLIANCE SCHEDULE IN STATE WATER BOARD ORDER WR 2009-0060, A CEASE AND DESIST ORDER REGARDING CALIFORNIA-AMERICAN WATER COMPANY’S UNLAWFUL DIVERSIONS FROM THE CARMEL RIVER - MONTEREY COUNTY, Preliminary Staff Recommendation, Rationale Document in Support of Preliminary Staff Recommendation, Draft Order (07/15/16) and Draft Resolution (07/15/16) are embedded.  STAFF RECOMMENDATION Staff recommends that the State Water Board adopt the proposed Resolution to adopt an order revising the compliance schedule in State Water Board Order WR 2009-0060.

SWRCB 07-1920-16 Agenda Links by L. A. Paterson on Scribd

STATE WATER RESOURCES CONTROL BOARD

BOARD MEETING/HEARING/WORKSHOP

Tuesday, July 19, 2016 – 9:00 a.m.

Wednesday, July 20, 2016 – 9:00 a.m.

Coastal Hearing Room – Second Floor

Joe Serna Jr. - CalEPA Building

1001 I Street, Sacramento

SWRCB Item 7 07-19 by L. A. Paterson on Scribd

STATE WATER RESOURCES CONTROL BOARD

BOARD MEETING SESSION – DIVISION OF WATER RIGHTS

JULY 19, 2016

ITEM 7

SUBJECT

CONSIDERATION OF A PROPOSED RESOLUTION TO ADOPT AN ORDER REVISING THE COMPLIANCE SCHEDULE IN STATE WATER BOARD ORDER WR 2009-0060, A CEASE AND DESIST ORDER REGARDING CALIFORNIA-AMERICAN WATER COMPANY’S UNLAWFUL DIVERSIONS FROM THE CARMEL RIVER - MONTEREY COUNTY

SWRCB Preliminary Staff Recommendation 06-17-16 by L. A. Paterson on Scribd

Preliminary Staff Recommendation

to Modify Cease and Desist Order WR 2009-0060

California-American Water Company

June 17, 2016

SWRCB Staff Rationale 06-17-16 by L. A. Paterson on Scribd

Notice of Comment Deadline & Rationale Document for Preliminary Staff Recommendation California-American Water Request to Modify Cease and Desist Order WR 2009-0060

SWRCB Draft Order 07-19-16 by L. A. Paterson on Scribd

D R A F T

STATE OF CALIFORNIA

STATE WATER RESOURCES CONTROL BOARD

ORDER WR 2016-

July 15, 2016

SWRCB Draft Resolution 07-19-16 by L. A. Paterson on Scribd

D R A F T

STATE WATER RESOURCES CONTROL BOARD RESOLUTION NO. 2016-

ADOPTING AN ORDER MODIFYING AND AMENDING CEASE AND DESIST ORDER WR 2009-0060, AND SUPERCEDING ORDER WR 2009-0060 ISSUED TO CALIFORNIA-AMERICAN WATER COMPANY

REFERENCES:

California-AmericanWater Company Request to Change Order WR 2009-0060

(including Comments Received and Comments Received After June 1, 2016)

Public Comments California-American Water Company

July 19-20, 2016 Board Meeting

Item 7

California State Water Resources Control Board Preliminary Staff Recommendation to Modify Cease and Desist Order WR 2009-0060 California-American Water Company & Notice of Comment Deadline & Rationale Document for Preliminary Staff Recommendation California-American Water Request to Modify Cease and Desist Order WR 2009-0060

ABSTRACT: On July 17, 2016, the California State Water Resources Control Board staff issued Preliminary Staff Recommendation to Modify Cease and Desist Order WR 2009-0060 California-American Water Company and Notice of Comment Deadline & Rationale Document for Preliminary Staff Recommendation California-American Water Request to Modify Cease and Desist Order WR 2009-0060. Importantly, “Cal-Am shall diligently implement actions to terminate its unlawful diversions from the Carmel River and shall terminate all unlawful diversions from the river no later than December 31, 2021. This date supersedes the December 31, 2016 date in State Water Board Order WR 2009-0060.” “The public is invited to comment on California-American Water’s (Cal-Am) request to modify State Water Board Order WR 2009-0060, on the preliminary recommendation, or other related documents prior to the July 19, 2016 State Water Board meeting, at which the Board is anticipated to consider action on the application. Staff may further amend its recommendations before that time. Written Comments are due no later than 5:00 PM on July 13, 2016.” Staff Preliminary Recommendation includes the following sections:
1. Extension of the Order to December 31, 2021

2. Effective Diversion Limit (EDL)
Staff proposes an effective diversion limit of 7,990 AFA.
3. Milestone Adjustment to EDL
Staff proposes accepting the concept of milestones, as they provide incentive for development of alternative water supplies, and also provide a stepping-down of diversions from the Carmel River in the event that the water supply projects do not continue on a path towards completion in a reasonable time.

4. Carryover Credits
5. New Water Meter Connections
6. Small Projects & Instream Flow Protections
7. Aquifer Storage & Recovery (ASR) Accounting
8. Extension of Allowing use MPWMD allotment credits for Pebble Beach
9. Milestone Exceptions

10. Funding for Steelhead Fishery Report

11. Conservation Measure Funding, Old Carmel River Dam & Sleepy Hollow Ford

12. Malpaso and Pacific Grove Water Supplies

The Preliminary Staff Recommendation to Modify Cease and Desist Order WR 2009-0060 California-American Water Company June 17, 2016 and Notice of Comment Deadline & Rationale Document for Preliminary Staff Recommendation California-American Water Request to Modify Cease and Desist Order WR 2009-0060 document copies are embedded. 

Preliminary Staff Recommendation 06-17-16

Preliminary Staff Recommendation to Modify Cease and Desist Order WR 2009-0060
California-American Water Company
June 17, 2016

Notice of Comment Deadline & Rationale Document for Preliminary Staff Recommendation 06-17-16

Notice of Comment Deadline & Rationale Document for Preliminary Staff Recommendation California-American Water Request to Modify Cease and Desist Order WR 2009-0060

ORDER WR 2009-0060

STATE OF CALIFORNIA

STATE WATER RESOURCES CONTROL BOARD ORDER WR 2009-0060 (2009)

In the Matter of the Unauthorized Diversion and Use of Water by the California American Water Company

REFERENCE:

Staterecommends extending deadline on Carmel River pumping cutback.

David Schmalz  MONTEREY COUNTY WEEKLY

NOTICE OF APPLICATION TO MODIFY STATE WATER BOARD ORDER WR 2009-0060 BY CALIFORNIA-AMERICAN WATER COMPANY, May 6, 2016

ABSTRACT: The NOTICE OF APPLICATION TO MODIFY STATE WATER BOARD ORDER WR 2009-0060 BY CALIFORNIA-AMERICAN WATER COMPANY document copy is embedded.  Selected excerpts of the NOTICE are reproduced.
SUMMARY
On November 20, 2015, Cal-Am, along with the Monterey Peninsula Regional Water Authority (MPRWA), Monterey Peninsula Water Management District (MPWMD), the Pebble Beach Company, and the City of Pacific Grove, filed an application under Water Code section 1832, to modify Order WR 2009-0060. The applicants request that the State Water Board issue a new, amended order that extends the deadline for Cal-Am to terminate all unlawful diversions from the Carmel River from December 31, 2016, to December 31, 2020, to allow additional time to develop replacement water supplies. On April 28, 2016, the same applicants filed an amended application requesting an extension of the compliance timeline until December 31, 2021, and other changes to the initial application.
A copy of Cal-Am’s current application, as well as the previous filing, is available at:
http://www.waterboards.ca.gov/waterrights/water_issues/projects/california_american_water_company/index.shtml

The application requests an extension of the deadline for Cal-Am to eliminate unauthorized diversions from the Carmel River from December 31, 2016 until December 31, 2021, with certain milestones to demonstrate progress and mandatory reductions of diversions if milestones are missed. It anticipates that, by then, two new water supply projects, the Monterey Peninsula Water Supply Project (MPWSP) and the Pure Water Monterey Project (Pure Water), will provide water to Monterey Peninsula communities. MPWSP is a proposed desalination project using slant well technology with a designed capacity of up to 9.6 million gallons per day. Pure Water will deliver purified recycled water for groundwater replenishment, domestic delivery to Monterey Peninsula urban water customers and treated water for Salinas Valley irrigation. MPRWA and MPWMD are jointly developing Pure Water. Additionally, applicants anticipate a second pipeline for an existing groundwater storage project, the Aquifer Storage and Recovery (ASR) Project, will allow for additional lawful diversions from the Carmel River in wet years.

TIMELINE FOR CONSIDERATION OF THE APPLICATION
The State Water Board anticipates considering whether to make changes to State Water Board Order 2009-0060 at a Board Meeting, on or about July 19, 2016. State Water Board staff anticipates releasing a recommendation on action for the State Water Board’s consideration prior to that date. The staff recommendation will be posted on or about June 16, 2016 at:

http://www.waterboards.ca.gov/waterrights/water_issues/projects/california_american_water_company/index.shtml

PUBLIC COMMENT
Any comments on the application that will be taken into account prior to release of the staff recommendation are due by June 1, 2016.

The deadline for submitting written comments for the State Water Board to consider in its action will be announced upon posting of the staff recommendation. Comments may also be submitted at the State Water Board meeting where the item is under consideration. Please direct any correspondence to:

Mr. Matthew Quint

State Water Resources Control Board

Division of Water Rights

P.O. Box 2000

Sacramento, CA 95812-2000

Matthew.Quint@waterboards.ca.gov.

(916) 341-5400 (fax)

Notice of Application to Modify State Water Board Order Wr 2009-0060 05-06-16 by L. A. Paterson

NOTICE OF APPLICATION TO MODIFY STATE WATER BOARD ORDER WR 2009-0060 BY CALIFORNIA-AMERICAN WATER COMPANY

Date of Notice: May 6, 2016

REFERENCES:

Hearings Program

California American Water – Cease and Desist Order Hearing

CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY
STATE WATER RESOURCES CONTROL BOARD
Board Calendar

Board Calendar July 2016

STATE OF CALIFORNIA, CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY, STATE WATER RESOURCES CONTROL BOARD, DIVISION OF WATER RIGHTS DIVISION DECISION 2015-0001 In the Matter of License 13868 (Application 30497B) Clint Eastwood and Margaret Eastwood Trust DECISION CANCELING PROTESTS, REVOKING A WATER RIGHT, AND ISSUING WATER RIGHTS

ABSTRACT: RE: DIVISION OF WATER RIGHTS DIVISION DECISION 2015-0001

CONCLUSION

The Eastwood Trust has complied with the requirements for modification of License 13868. For the reasons stated above, the State Water Board finds that the petitions for change will neither in effect initiate a new right, increase the amount of water the Eastwood Trust is entitled to use, nor injure or unreasonably affect any other legal user of water. Furthermore, the State Water Board finds that the proposed project is not contrary to the public interest, and that approval of the project conforms with the State Water Board’s public trust responsibilities. The proposed modifications should therefore be granted.
ORDER
NOW, THEREFORE, IT IS ORDERED THAT:
1. The protests of the CDFW, the NMFS, Richard Morat, and Roy Thomas are dismissed.
2. License 13868 (Application 30497B) is revoked.
3. Licenses 13868A and 13868B are issued for Applications 30497B01 and 30497B02, respectively, subject to the conditions included therein.
STATE WATER RESOURCES CONTROL BOARD
ORIGINAL SIGNED BY:
Barbara Evoy, Deputy Director
Division of Water Rights
Dated: JUL 03 2015

DECISION CANCELING PROTESTS, REVOKING A WATER RIGHT, AND ISSUING WATER RIGHTS, RIGHT TO DIVERT AND USE WATER LICENSE 13868A and RIGHT TO DIVERT AND USE WATER LICENSE 13868B document copies are embedded.  

Decision Canceling Protests, Revoking a Water Right, And Issuing Water Rights Eastwood Trust 07-03-15

STATE OF CALIFORNIA
CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY
STATE WATER RESOURCES CONTROL BOARD
DIVISION OF WATER RIGHTS
DIVISION DECISION 2015-0001 In the Matter of License 13868 (Application 30497B)
Clint Eastwood and Margaret Eastwood Trust
DECISION CANCELING PROTESTS, REVOKING A WATER RIGHT, AND ISSUING WATER RIGHTS

License 13868a

STATE OF CALIFORNIA
CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY
STATE WATER RESOURCES CONTROL BOARD
DIVISION OF WATER RIGHTS
RIGHT TO DIVERT AND USE WATER
APPLICATION 30497B01 PERMIT 20905B LICENSE13868A

License 13868b

STATE OF CALIFORNIA
CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY
STATE WATER RESOURCES CONTROL BOARD
DIVISION OF WATER RIGHTS
RIGHT TO DIVERT AND USE WATER

APPLICATION 30497B02 PERMIT 20905B LICENSE 13868B

REFERENCES:

Project Title

Application 30497B
Clint Eastwood and Margaret Eastwood Trust

Related CEQA Documents

 » Notice of Availability
 » Draft EIR
 » Draft EIR Appendix A, B, C-1, C-2
 » Draft EIR Appendix D-1, D -2, E, F
 » Draft EIR Appendix G
 » Draft License 13868A
 » Draft License 13868B

Order, Permit/License, & Related Final CEQA Documents

» Final EIR
» Final EIR Appendix
» Division Decision
» License 13868A
» License 13868B

Date Permit/ License Issued

7/3/15

State OKs use of Eastwood water By CHRIS COUNTS, The Carmel Pine Cone, July 10, 2015,  1A & 15A

State Water Resources Control Board Members Adopted Proposed Desalination Amendment to the Ocean Plan, May 6, 2015

ABSTRACT: At the Board Meeting - Consideration of Adoption of the Proposed Desalination Amendment – May 6, 2015, the State Water Resources Control Board Members unanimously adopted the Proposed Desalination Amendment to the Ocean Plan.  The Fact Sheet Proposed Desalination Amendment: Creating a Consistent Permitting Process document and the MAY 5, 2015 DRAFT  FINAL DESALINATION AMENDMENT TO THE OCEAN PLAN document are embedded. 

SWRCB Desal Fact Sheet

Fact Sheet
Proposed Desalination Amendment: Creating a Consistent Permitting Process

Swrcb May 5, 2015 Draft Final Desalination Amendment to Ocean Plan

MAY 5, 2015 DRAFT FINAL DESALINATION AMENDMENT TO THE OCEAN PLAN

REFERENCE:
CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY
STATE WATER RESOURCES CONTROL BOARD
Ocean Standards
desalination facilities and brine disposal

LINKS:

Public Meetings

Scientific Peer Review

State Water Board Contracted Expert Panels and Studies

Clint Eastwood and Margaret Eastwood Trust License 13868 (Application 30497B): Petition for Change, Split License 13969 into Two Rights-One Right Dedicated to Fish & Wildlife Enhancement & Second Right for Municipal and Irrigation Purposes

ABSTRACT: On Tuesday, December 24, 2013, the Eastwood Trust filed a petition with the State Water Resources Control Board that would allow California American Water to use Carmel River groundwater from the trust's 82-acre Odello East property for its Peninsula customers. “An agreement between the Eastwood Trust and Cal Am called for the formation of a new corporation to enter into "subscription agreements" with Carmel-area property owners for use of the river groundwater, and for the Monterey Peninsula Water Management District to issue use permits for the property owners,” according to reporting in The Monterey County Herald. HIGHLIGHT EXCERPTS are presented; Petitioner information regarding Clint Eastwood and Margaret Eastwood Trust License 13868 (Application 30497B), including documents Notice, Petition, Environmental From, Draft License 13868A and Draft License 13868B and Procedures for Protesting and Protest Forms are embedded. 

Eastwood files petition to give Cal Am access to water
Trust files petition to give Cal Am access on Odello property
By JIM JOHNSON Herald Staff Writer, 12/27/2013

HIGHLIGHT EXCERPTS:
On Tuesday, the Eastwood Trust filed a petition with the state Water Resources Control Board that would allow California American Water to use Carmel River groundwater from the trust's 82-acre Odello East property for its Peninsula customers.
An agreement between the Eastwood Trust and Cal Am called for the formation of a new corporation to enter into "subscription agreements" with Carmel-area property owners for use of the river groundwater, and for the Monterey Peninsula Water Management District to issue use permits for the property owners.
Cal Am would not pay the corporation for the water, but property owners would, according to the agreement.
Any protests to the petition must be filed with the state water board's Division of Water Rights by 4:30 p.m. Jan. 23.
Information on the proposal and how to submit a petition can be found at http://bit.ly/1bugItD. For other questions, contact Katherine Mrowka at 916-341-5363 or Kathy.mrowka@waterboards.ca.gov.

Petitioner

Clint Eastwood and Margaret Eastwood Trust
License 13868 (Application 30497B)

Notice | Petition | Environmental Form | Draft License 13868A | Draft License 13868B

Petition Notice Date: 12/24/2013

County:  Monterey

Eastwood Trust APPLICATION 30497B Notice

NOTICE OF PETITION FOR CHANGE FOR LICENSE 13868 (APPLICATION 30497B)

Eastwood Trust APPLICATION 030497B Petition

PETITION FOR CHANGE

Eastwood Trust APPLICATION 030497B Petition Environmental Form

ENVIRONMENTAL INFORMATION FOR PETITIONS

Eastwood Trust draft license 13868A.pdf RIGHT TO DIVERT AND USE WATER

Eastwood Trust draft license 13868B.pdf

RIGHT TO DIVERT AND USE WATER

Eastwood Trust Protest Submittal Info

 PROTEST SUBMITTAL INFORMATION

Eastwood Trust Petition Protest Form

PROTEST–PETITION

STATE WATER RESOURCES CONTROL BOARD FINAL REVIEW OF CALIFORNIA AMERICAN WATER COMPANY’S MONTEREY PENINSULA WATER SUPPLY PROJECT (MPWSP)

ABSTRACT:  The STATE WATER RESOURCES CONTROL BOARD FINAL REVIEW OF CALIFORNIA AMERICAN WATER COMPANY’S MONTEREY PENINSULA WATER SUPPLY PROJECT (PROPOSED IN APPLICATION 12-04-019) document, including cover letter, dated July 31, 2013 is embedded. Conclusion states: The key determination is whether Cal-Am may extract water from the SVGB while avoiding injury to other groundwater users and protecting beneficial uses in the Basin. If the MPWSP is constructed with gravity wells or pumping wells the effects on the aquifer would be the same as long as the amount of drawdown in the wells is the same. But in the case of a pumped well, the operator has the ability to induce greater drawdown than they would in the gravity wells. In this case, there would be a greater effect to the aquifer. Since modeling has not been completed for the gravity well scenario, it is unknown at this time the total effect the gravity wells would have on the Basin and other groundwater users.
If the MPWSP is constructed as described in the FEIR for the North Marina Project, the slant wells would pump from the unconfined Dune Sand Aquifer. If groundwater is pumped from an unconfined aquifer and the modeling assumptions in the FEIR for the North Marina Project are accurate, there will be lowering of groundwater levels within an approximate 2-mile radius. Since seawater intrusion occurs in this area, this water developed through desalination is likely new water that is “surplus” to the current needs of other users in the Basin. Based on the information available, it is unlikely any injury would occur by the lowering of the groundwater levels in this region. Nevertheless, Cal-Am must show there is no injury and if the MPWSP reduces the amount of fresh water available to other legal users of water in the Basin or reduces the water quality so that users are no longer able to use the water for the same beneficial use, such impacts would need to be avoided or compensated for.

If the proposed slant wells are determined to be infeasible, and the project is instead designed to extract groundwater with conventional pumping wells, the potential impacts could be greater, but they would not necessarily result in injury that could not be avoided or compensated through appropriate measures. Impacts on other water users in the form of increased groundwater pumping costs could be eliminated through financial compensation within a reasonable time frame from when the costs are incurred. Impacts on the availability of fresh water could be determined through modeling and any replacement of fresh water would have to be returned in an area that is not already degraded by seawater intrusion. Impacts on users in the form of decreased water quality could be compensated through the replacement of water with similar quality to the pre-project conditions.

Modeling for the North Marina Project does not predict that Basin users’ fresh water supplies would be affected if its wells pump from an unconfined aquifer, which we assume to also be true for the MPWSP. If however, further exploratory testing shows water is removed from a confined aquifer, water levels would be lowered in a larger area and the effect on groundwater flow direction would be greater.  Although pumping from a confined condition affects a much larger area of the Basin, the quantity of fresh water extracted from the aquifer would not necessarily be greater because the capture zone for the extraction wells would be greatly influenced by existing groundwater gradients. Additional studies are needed to determine whether the revised MPWSP configuration could cause injury to other groundwater users in the Basin that would require additional measures to avoid or compensate for that injury.

Cal-Am could legally pump from the Basin by developing a new water supply through desalination and showing the developed water is surplus to the existing supply. If Cal-Am’s extractions are limited to water that currently serves no beneficial use; for example, it is entirely derived from brackish or seawater sources, and Cal-Am returns all incidental fresh water to the Basin in a method that avoids injury to other users, it is likely the MPWSP could proceed without violating other users’ groundwater rights. A no injury finding would have to be shown through monitoring, modeling, compensation, project design or other means

A physical solution could be implemented to ensure all rights are protected while maximizing the beneficial uses of the Basin’s waters. Such an approach is consistent with the general policy in California Constitution article X section 2, and case law provides guidance on solutions to address complex groundwater issues where supply is constrained. The ongoing development of solutions tailored to the specific conditions that apply to a given groundwater basin reflects the understanding that California waters are too valuable not to be utilized to the maximum extent possible if beneficial uses and other legal users’ rights are maintained.

Recommendations states: Additional information is needed to accurately determine MPWSP impacts on current and future Basin conditions regardless of whether the extraction occurs from pumped or gravity wells. First, specific information is needed on the depth of the wells and aquifer conditions. Specifically, studies are needed to determine the extent of the Dune Sand Aquifer, the water quality and quantity of the Dune Sand Aquifer, the extent and thickness of the SVA and the extent of the 180-Foot Aquifer.

Second, the effects of the MPWSP on the Basin need to be evaluated. Specifically, a series of test boring/wells would be needed to assess the hydrogeologic conditions at the site. Aquifer testing is also needed to determine the pumping effects on both the Dune Sand Aquifer and the underlying 180-Foot Aquifer. Pre-project conditions should be identified prior to aquifer testing. Aquifer tests should mimic proposed pumping rates.

Third, updated groundwater modeling will be needed to evaluate future impacts from the MPWSP. Specifically, modeling scenarios will need to be run to predict changes in groundwater levels, groundwater flow direction, and changes in the extent and boundary of the seawater intrusion front. Additional studies also will be necessary to determine how any extracted fresh water is replaced, whether through re-injection wells, percolation basins, or through existing recharge programs. It may also be necessary to survey the existing groundwater users in the affected area. The studies will form the basis for a plan that avoids injury to other groundwater users and protects beneficial uses in the Basin. To ensure that this modeling provides the best assessment of the potential effects of the MPWSP, it is important that any new information gathered during the initial phases of the groundwater investigation be incorporated into the groundwater modeling studies as well as all available information including current activities that could influence the groundwater quality in the Basin.

Swrcb Final Report on Analysis of Mpwsp Document 07-31-13

STATE WATER RESOURCES CONTROL BOARD 

FINAL REVIEW OF CALIFORNIA AMERICAN WATER COMPANY’S 

MONTEREY PENINSULA WATER SUPPLY PROJECT

July 31, 2013

RELATED NEWS ARTICLE:

Final report outlines challenges of tapping Salinas Valley Basinfor desal

By JIM JOHNSON Herald Staff Writer, 08/05/2013

Excerpts Highlights:

Cal Am could proceed with its plans, the report said, if it shows the desal water it produces is developed water, that its plans to return any fresh water it pumps from the basin are effective and feasible, and that the project won't irreparably harm other users.

The report outlines a series of studies needed to determine the nature and extent of the basin's aquifers, the project's potential effect on the basin, and updated groundwater modeling capable of evaluating future impacts from the project.

As part of a settlement agreement announced last week, Cal Am and the Salinas Valley Water Coalition agreed that their hydrologists, technical teams and other designated experts would form a "technical work group" to develop a written plan for evaluating the intake sites.
The primary purpose of the work plan is to reach a consensus on hydrogeologic studies, well tests, field work, modeling, monitoring and other data needed to evaluate to what extent Cal Am's desal plant would affect the Salinas Valley Groundwater Basin and the water supply available to legal users.

Clint and Margaret Eastwood Trust, California American Water Company & State Water Resources Control Board: Eighty-Five Acre-Feet Per Year of Water

ABSTRACT:  To supplement recent news articles, namely Clint Eastwood, Cal Am in talks on water rights Actor would loan utility right of 85 acre-feet a year (The Monterey County Herald), ENVIRONMENT NEWS Big Sur Land Trust Restoration Project Hitches on Clint Eastwood Water Rights (MONTEREY COUNTY WEEKLY) and Eastwood donation, BSLT plan promise flood and water shortage relief (The Carmel Pine Cone), information from Phillip Crader, Manager, Permitting and Licensing Section, Division of Water Rights, State Water Resources Control Board is presented. The State Water Board’s License for Diversion and Use of Water to the Clint Eastwood and Margaret Eastwood Trust, Dated NOV 01 2012, as referenced in the MCW article (“…Eastwood, envisioning a park, donated 49 acres and accompanying water rights to Big Sur Land Trust, with plans to eventually donate the rest.  That left Eastwood with about 81 acres, some of which he’s using for pasture. Last November, the State Water Board granted him license to divert about 132 acre-feet for irrigation.”), is embedded. The second phase involving the Eastwood Trust filing change petitions requesting that its water right license be split; part for use on existing lots of record in the portion of the Cal-Am service area in the Carmel Valley, as referenced in The Monterey County Herald article ("Williams said the plan is to finalize a deal with Cal Am and submit a petition to the state water board as soon as next week requesting permission to transfer the water right from the Odello parcel for use in Carmel and Carmel Valley"), and part for permanent dedication to instream flows, as referenced in The Carmel Pine Cone article ("60 will stay on the property so the BSLT can keep some of the land either in farming or grazing. Another 45 acre-feet will be no longer be pumped, so it can stay in the river. And the rest — about 85 acre-feet — will be contracted to Cal Am"), has not yet occurred due to the Eastwood Trust not yet having filed change petitions with the Division of Water Rights.

“The State Water Board, Division of Water Rights worked with the Eastwood Trust and Big Sur Land Trust on the permanent transfer of a portion of the Eastwood Trust water right to the Big Sur Land Trust.  This was done to provide the Big Sur Land Trust with water for its operations.  The approval process for this portion of the project is complete,” according to Phillip Crader, Manager, Permitting and Licensing Section, Division of Water Rights, State Water Resources Control Board.

 

STATE OF CALIFORNIA

CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY

STATE WATER RESOURCES CONTROL BOARD

DIVISION OF WATER RIGHTS

License for Diversion and Use of Water

APPLICATION 30497B PERMIT 20905B LICENSE 13868

Clint Eastwood and Margaret Eastwood Trust

Dated: NOV 01 2012

“…the second phase of the project, the Eastwood Trust will permanently donate land to the Big Sur Land Trust.  The donation of land does not require State Water Board approval.  The Eastwood Trust will also file change petitions requesting that its water right license be split; part for use on existing lots of record in the portion of the Cal-Am service area in the Carmel Valley, and part for permanent dedication to instream flows.  This action will require State Water Board approval.  The change petitions requesting authorization of the next phase of the project have not yet been filed with the Division of Water Rights,” according to Phillip Crader, Manager, Permitting and Licensing Section, Division of Water Rights, State Water Resources Control Board.

REFERENCES:

Clint Eastwood, Cal Am in talks on water rights

Actor would loan utility right of 85 acre-feet a year

By JIM JOHNSON Herald Staff Writer, 06/12/2013

Excerpt Highlights:

Clint Eastwood is working on a deal to alleviate the Monterey Peninsula's immediate water shortage and provide more water for Carmel-area development in the future.

Eastwood representative Alan Williams confirmed Wednesday that negotiations are underway with California American Water on an agreement to loan the utility a water right of 85 acre-feet per year for use on the Peninsula until a proposed new water supply project is online. The water right is from an 80-acre parcel near the Carmel River designated for a floodplain restoration project.

Williams said the plan is to finalize a deal with Cal Am and submit a petition to the state water board as soon as next week requesting permission to transfer the water right from the Odello parcel for use in Carmel and Carmel Valley.

When, and if, the state water board approves the water transfer proposal, Eastwood could finalize the Odello property donation to the Big Sur Land Trust for the floodplain restoration project. The project includes removing a levee, widening the floodplain and restoring the riparian and wetland habitat, and adding a second causeway, or outlet, under the Highway 1 bridge into the lagoon.

ENVIRONMENT NEWS Big Sur Land Trust Restoration Project Hitches on Clint Eastwood Water Rights

Posted: Thursday, June 6, 2013 12:00 am |Updated: 1:17 pm, Thu Jun 6, 2013.

Kera Abraham MONTEREY COUNTY WEEKLY

Excerpt Highlights:

The artichoke-farming Odello family sold the 130-acre parcel to Eastwood in the late 1990s. It was zoned for subdivision, Carmel Development Company President Alan Williams says. But Eastwood, envisioning a park, donated 49 acres and accompanying water rights to Big Sur Land Trust, with plans to eventually donate the rest.

That left Eastwood with about 81 acres, some of which he’s using for pasture. Last November, the State Water Board granted him license to divert about 132 acre-feet for irrigation.

Eastwood aims to loan about 85 acre-feet to California American Water for use in Carmel and Carmel Valley – at least until the proposed desalination plant is online, says Williams, representing the Eastwood Trust. The donation “could be enough to keep the Monterey Peninsula from going into rationing,” he adds.

Eastwood hopes to eventually sell the 85 acre-feet and retire the rest, Williams says. The application to split the water license, he adds, is all that’s standing between BSLT and its restoration project. “Once I get the water use, I can make a gift of the property,” he says. “I don’t think it’s anything that can’t be fixed.”

Eastwood donation, BSLT plan promise flood and water shortage relief

By PAUL MILLER Published: June 7, 2013

Excerpt Highlights:

More than 190 acre-feet of water has been used every year on the land for grazing and row crops, he added. Of that, 60 will stay on the property so the BSLT can keep some of the land either in farming or grazing. Another 45 acre-feet will be no longer be pumped, so it can stay in the river. And the rest — about 85 acre-feet — will be contracted to Cal Am to supplement the Monterey Peninsula’s legal supply during the looming crunch, and then made available to private property owners who need it for additions to homes, infill development and business expansions.

In The Horse's Mouth Eastwood's Odello donation helped the movie mogul and the county.

Posted: Thursday, January 29, 1998 12:00 am | Updated: 3:46 am, Sat May 18, 2013.

By Richard Pitnick | MONTEREY COUNTY WEEKLY

ADDENDUM:

STATE OF CALIFORNIA

STATE WATER RESOURCES CONTROL BOARD

ORDER WR 2009-0060

In the Matter of the Unauthorized Diversion and Use of Water

by the California American Water Company

14.2 Efforts by Cal-Am to Comply with Condition 2 of Order 95-10

Cal-Am has gone forward on several projects, including: (1) gathering information for seeking approval of Cal-Am’s water right Application 30215A, an application to appropriate up to 2,964 afa from the Carmel River; (2) negotiations seeking to obtain a temporary water supply from (a) the Margaret Eastwood Trust and Clint Eastwood from the Odello well fields and (b) water rights associated with the Rancho Cañada Golf Course; (3) a negotiated agreement to temporarily obtain water surplus to the needs of Sand City from the desalinization plant being built by the city; and (4) implementation of Phase I of the Aquifer Storage and Recovery project (ASR). (CAW-029, p. 3, 17- p. 4, 5; p. 4, 24 - p. 5,17.) Cal-Am’s failure to complete negotiations to obtain a temporary water supply from the Eastwood Trust, Odello well fields and from the Rancho Cañada Golf Course is not explained.

16.7 Small Projects

Cal-Am introduced evidence that it had entered into negotiations to obtain a temporary supply of water from the Margaret Eastwood Trust and Clint Eastwood from the Odello well fields and from the Rancho Canada Golf Course. Cal-Am’s failure to complete negotiations was not explained. (See section 14.2, ¶ 5, supra.) Other small projects that could provide a temporary supply of water may also be available. The addition of temporary small water supply projects would reduce Cal-Am’s need to illegally divert water from the river. We conclude that Cal-Am should be required to develop small projects to provide a temporary supply of water for its customers and to reduce the illegal diversions from the river.

STATE WATER RESOURCES CONTROL BOARD MEETING/HEARING/WORKSHOP, June 4, 2013

RELATED NEWS ARTICLE: 
Monterey desal project: State water board hears spirited debate over pumping rights

Spirited debate before state water board

By JIM JOHNSON Herald Staff Writer, 06/04/2013

Excerpt Highlights:

State water board members received an earful Tuesday of the fierce debate over California American Water's potential right to pump from the overdrafted Salinas Valley groundwater basin for the Monterey Peninsula water project.

Earlier in Tuesday's hearing, a state water board staff member told the crowd it might be up to two more years before the board would consider potentially relaxing the deadline for the Carmel River cutback order. The staffer said it was "way too early" to discuss the matter because there's still no viable project capable of complying with the order.

ABSTRACT: The STATE WATER BOARD is scheduled to conduct a MEETING/HEARING/WORKSHOP on Tuesday, June 4, 2013 at 9:00 A.M. at McCone Irvine Auditorium, Monterey Institute of International Studies, Monterey, CA.  Agenda, INFORMATIONAL ITEM 6. Presentation by the California American Water and the Monterey Peninsula Water Management District regarding compliance with State Water Board Order WR 2009-0060 and BOARD WORKSHOP DIVISION OF WATER RIGHTS 7. Workshop on State Water Board revised Draft Report that examines the legal and technical considerations associated with California American Water Company’s proposal to extract desalination feedwater for the Monterey Peninsula Water Supply Project are featured. Embedded items include Agenda, ITEM 6 document with State Water Board Order WR 2009-0060 and ITEM 7 document with NOTICE OF RELEASE OF REVISED DRAFT REPORT AND OPPORTUNITY TO COMMENT AT A PUBLIC WORKSHOP, STATE WATER RESOURCES CONTROL BOARD DRAFT FINAL REVIEW OF CALIFORNIA AMERICAN WATER COMPANY’S MONTEREY PENINSULA WATER SUPPLY PROJECT and Public Comments.

 

STATE WATER BOARD BOARD MEETING/HEARING/WORKSHOP

Tuesday, June 4, 2013 – 9:00 a.m.

Monterey Institute of International Studies

McCone Irvine Auditorium

499 Pierce Street

Monterey, California

 

INFORMATIONAL ITEM

6. Presentation by the California American Water and the Monterey Peninsula Water Management District regarding compliance with State Water Board Order WR 2009-0060.

 

 DIVISION OF WATER RIGHTS

7. Workshop on State Water Board revised Draft Report that examines the legal and technical considerations associated with California American Water Company’s proposal to extract desalination feedwater for the Monterey Peninsula Water Supply Project.