Agenda Item #17. OCWD Board Meeting. November 15, Irvine Ranch Water District October 18, 2017 Request

Transcription

1 Agenda Item #17 OCWD Board Meeting November 15, 2017 Irvine Ranch Water District October 18, 2017 Request 1

2 Summary OCWD establishes the Replenishment Assessment, Basin Production Percentage and Basin Equity Assessment annually in the month of April via adoption of several resolutions April 2017 and April 2016 Resolution D establishing the Basin Production Percentage for FY and FY had a clerical error (same error for both years) BPP was calculated correctly both years 2

3 Summary IRWD brought error to OCWD s attention, in the current IRWD vs OCWD litigation, erroneously claiming error was a change in policy by the Board. Staff recommends approval of the attached resolution acknowledging the mistake and confirming the BPP was correctly established 3

4 IRWD 2016 Litigation Impacts OCWD Act does not include reclaimed water as a Supplemental Source when calculating the annual Basin Production Percentage IRWD Four Producers receiving GAP reclaimed water supplies Fountain Valley Santa Ana Mesa Water Newport Beach Anaheim receiving GWRS water 4

5 District Act Section (c) (1) & (2) BPP = Groundwater Groundwater + Supplemental Sources Supplemental sources means sources of water outside the watershed of the Santa Ana River such as but not limited to water produced from MWD 5

6 IRWD Sewer and Reclaimed Water System Los Alisos Reclamation Plant 6

7 IRWD 2016 Litigation IRWD initiated litigation in 2016 Currently in discovery/deposition phase IRWD uncovered a clerical error with the April 2017 and April 2016 Resolution D that established the FY and FY BPP and BEA IRWD sent the October 18, 2017 letter requesting OCWD to include recycled water as a supplemental source 7

8 April 2017 Resolution D Section 1: That the Board of Directors does hereby find and determine for the ensuing water year July 1, 2017 to June 30, 2018 as follows: 375,000 a. The estimated total amount of water to be produced by all persons or operators within the District from the groundwater within the District is 303,000 acre-feet. b. The estimated total amount to be produced by such persons and operators from groundwater and supplemental sources is 395,000 acre-feet. c. The basin production percentage is 75 percent. There are no basin production requirements. d. The production limitation is 75 percent for all 19 retail groundwater producers. The surcharge for production in excess of the production limitation is $0 per acre-feet. e. The Basin Equity Assessment and production requirements and limitations from groundwater within the District established by this resolution are necessary for the protection of the water supply of the District. f. The Basin Equity Assessments for that pumping originating from the water quality projects operated by the Mesa Water District (Colored Water Removal project), Irvine Ranch Water District (Irvine Desalter and Wells 21 and 22), City of Tustin (Desalter), and City of Garden Grove (Nitrate Removal project) shall be exempt from the 75 percent production limitation and surcharge rate (70% for IRWD). 8

9 Table 5 From OCWD Engineers Report Approved in March 2017 x 9

10 Background Information FY and FY Basin Production Percentage was correctly calculated reclaimed water was not included as a Supplemental Source However Resolution D clerical error incorrectly included reclaimed water as a Supplemental Source Need to correct record 10

11 Recommendation Approve draft Resolution (Attachment W) (1) acknowledging that, to the extent the numerical findings in the Resolutions establishing the BPP and BEA for FY and FY include reclaimed water as a supplemental source, this is a clerical error that is not reflective of the Board s intent, (2) confirming that staff s calculation of the BPP for FY and were correctly calculated based on a formula the excludes reclaimed water that is produced and delivered within the boundaries of the Santa Ana River watershed from supplemental sources, and (3) reaffirming the District s long-standing interpretation of the OCWD Act as excluding reclaimed water that is produced and delivered within the boundaries of the Santa Ana River watershed from the definition of supplemental sources of water. 11

12 End 12