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Stop seawater intrusion. In order to stop seawater
intrusion and provide a safe, reliable and diversified water supply, shall Ordinance
2002-01 of the Pajaro Valley Water Management Agency be adopted, authorizing an
increase in the augmentation charge to no more than that allowed by state
law, to implement water supply projects, including local, recycled or
imported water, as adopted by the Pajaro Valley Water Management Agency Board
of Directors? |
and constructed viable local water projects, including the Harkins
Slough Local Water Supply Project and a component of the Coastal Distribution
System; and WHEREAS,
Ordinance 98-4, enacted by the voters of Agency in June 1998, directed the
Agency not to enter into any contract with the State or Federal government
for water from the State Water Project or the Central Valley Project (“CVP”)
without approval of the voters of the Agency; and WHEREAS,
in response to the directives in Ordinances 98-2 and 98-4, and based on
studies, technical data, hydrologic analysis and engineer’s reports, the
Agency issued a Draft Revised Basin Management Plan (“Draft Revised BMP”) in
August 2001 which identifies additional viable local water projects, water
reclamation and recycling, and projects for the importation of water in order
to most efficiently and cost effectively balance the groundwater basin; and WHEREAS,
the Agency has issued a Draft Revised BMP Environmental Impact Report (“Draft
EIR”) which evaluates the environmental effects of, and recommends applicable
mitigation measures for, the various projects considered in the Draft Revised
BMP; and WHEREAS,
based on the information presented in the Draft Revised BMP and various
economic analyses performed by and for the Agency, the Agency has concluded
that any viable combination of projects presented in the Draft Revised BMP
will require funds beyond those currently authorized under Ordinance 98-2;
and WHEREAS,
pursuant to Ordinances 98-2 and 98-4, in order to increase the Augmentation
Charge above $50 per acre-foot, or take certain action in connection with the
importation of water, the Agency must obtain approval from the voters; and WHEREAS,
unless Ordinances 98-2 and 98-4 are amended in accordance with this
Ordinance, the Agency will be unable to develop diversified water supply
projects to stop seawater intrusion as described in the Draft Revised BMP. ORDINANCESECTION 1: STATEMENT OF
PURPOSE The people of the Pajaro Valley Water
Management Agency (“Agency”) hereby enact this ordinance in order to permit
and fund implementation of water supply projects identified in the Draft Revised
Basin Management Plan, (“Draft Revised BMP”), subject to certification of the
Final Revised BMP EIR and adoption of applicable feasible mitigation measures
by the Agency Board of Directors (“Board”). SECTION 2: AUGMENTATION
CHARGE 2.1 The Board may increase the Augmentation Charge authorized pursuant to Sections 124-1001 of the Pajaro Valley Water Management Agency Act (Cal. Water Code App. Ch. 124), to an amount not to exceed the maximum charge as described in Section 124-1003 of the Agency’s Act, which is fifteen percent (15%) of the highest charges for water levied by the City of Watsonville. |
ORDINANCE No. 2002-01
AN ORDINANCE OF THE PAJARO VALLEY WATER MANAGEMENT
AGENCY AUTHORIZING THE BOARD OF DIRECTORS TO INCREASE THE AUGMENTATION CHARGE
TO NO MORE THAN THAT ALLOWED BY STATE LAW TO IMPLEMENT DIVERSIFIED WATER
SUPPLY PROJECTS, INCLUDING LOCAL, RECYCLED OR IMPORTED WATER, AS ADOPTED BY
THE The people of the Pajaro Valley Water Management Agency do ordain as
follows: FINDINGS WHEREAS,
the aquifers within the Pajaro Valley are experiencing serious seawater
intrusion, resulting from the pumping of groundwater in excess of the amount
of recharge to the basin; and WHEREAS,
the Pajaro Valley Water Management Agency
(“Agency”) was formed, among other reasons, to provide integrated management
of the ground and surface water resources within the Pajaro Basin. As the sole local agency responsible for
the integrated management of water resources for the Pajaro Basin, the Agency
bears responsibility for the management and augmentation of water supplies
for domestic, agricultural, municipal and industrial purposes; and WHEREAS,
in 1993, the Agency developed a long-term Basin Management Plan (“1993 BMP”),
which identified various water supply projects involving local water sources
and importation of supplemental water, to balance water demands with water
supplies in the Pajaro basin; and WHEREAS,
Ordinance 98-2, enacted by the voters of Agency in June 1998, directed the
Agency to postpone for the next ten (10) years and until the results of local
solutions have been analyzed any decision for the design and construction of
any pipeline to import supplemental water from the Central Valley Project,
and the purchase of supplemental water from outside the Agency; and WHEREAS,
Ordinance 98-2 further directed that the Augmentation Charges authorized by
Section 124-1001 of the Agency’s enabling Act (Cal. Water Code App. Ch. 124)
shall not exceed $50 per acre-foot until modified by a vote of the people;
and WHEREAS, in accordance with Ordinance 98-2, the Agency has implemented viable conservation measures |
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44-530
VOTER
INFORMATION PAMPHLET
MEASURES, ANALYSES AND
ARGUMENTS (whichever is applicable to
your ballot) Arguments in support of, or in opposition to, the proposed laws are the opinions of the authors. |
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2.1.1 Any actual increase of the Augmentation Charge by the Board of Directors beyond the current Augmentation Charge of $50 per acre-foot, as established by Ordinance 98-2, shall be based upon all of the following: a. A
selection by the Board of water supply projects to be implemented pursuant to
the Final Revised BMP and in accordance with the Final Revised BMP EIR,
certified by the Board, including adoption of feasible mitigation measures,
as applicable; and b. The
actual cost of water supply projects to be implemented, based on an
engineer’s estimate of the cost to implement the projects, including costs
associated with capturing, storing,
purchasing and distributing supplemental water; and c. Compliance
with the requirements of the Agency’s Act. SECTION 3: ACQUISITION OF SUPPLEMENTAL WATER The Board may take all steps necessary to
acquire supplemental water from the Central Valley Project (CVP) or State
Water Project (SWP) or any other sources outside the Agency’s boundaries, and
design and construct a pipeline to import supplemental water from the CVP or
any other source into the Agency’s boundaries. SECTION 4: COMPLIANCE
WITH CEQA Nothing in this Ordinance is intended to
provide authority to the Board to take any action or implement any project
without first complying with all applicable laws, including the California
Environmental Quality Act (“CEQA”). SECTION 5: APPLICATION
OF ORDINANCE The provisions of this Ordinance shall be administered in conjunction with and complement all other Agency Ordinances. To the extent the terms of this Ordinance conflict with any other Agency Ordinance, upon its effective date, this Ordinance shall revise, amend and supercede any and all previous Ordinances of the Agency. Section headings used in this
ordinance shall not be deemed to govern, limit, modify, or in any manner
affect the scope, meaning, or intent of the provisions of any section. Words
used in any gender include any other gender. The singular number includes the
plural, and the plural the singular. Words used in the present tense include
the future as well as the present. SECTION 6: EFFECTIVE
DATE If approved by the voters, this Ordinance
shall take effect thirty days after certification of the election results,
pursuant to California Elections Code Section 9191(b). SECTION 7: SEVERABILITY If any subdivision, paragraph, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not effect the validity or enforcement of the remaining portions of this Ordinance. It is the people’s express intent that each remaining provisions of this Ordinance would have been adopted irrespective of the fact that one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable. |
JOINT
IMPARTIAL ANALYSIS BY COUNTY COUNSELS
MEASURE NState law permits the Pajaro Valley Water Management Agency, by ordinance, to “levy groundwater augmentation charges on the extraction of groundwater from all extraction facilities within the agency for the purposes of paying the costs of purchasing, capturing, storing, and distributing supplemental water for use within the boundaries of the agency.” State law further provides that such groundwater augmentation charges may not “exceed 15 percent of the highest charges for water levied by any multiple water supply system with more than 5,000 service connections in the agency.” In 1998, the voters of the Pajaro Valley Water
Management Agency enacted initiative ordinances to limit the Agency’s
groundwater augmentation charge to no more than $50 per acre-foot, unless the
voters approved higher rates, and to impose a 10-year moratorium on the
importation of water from outside the Agency’s boundaries. The Agency has proposed Ordinance No. 2002-01, which is subject to voter approval. If approved by a majority of the voters voting on this measure, Ordinance No. 2002-01 would permit the Agency to impose a groundwater augmentation charge exceeding $50 per acre-foot up to the limit contained in state law, which is based on the water rates set by the City of Watsonville. The Ordinance would further permit the Agency to implement any combination of water supply projects analyzed in the Revised Basin Management Plan developed by the Agency in 1993 and the accompanying environmental impact report, including a project to acquire supplemental water from the Central Valley Project or State Water Project or any other sources of water outside the Agency’s boundaries, and to design and construct a pipeline to import supplemental water from the Central Valley Project or any other source into the Agency’s boundaries. A copy of Ordinance No. 2002-01 proposed by the Agency is printed in the Voter Information Pamphlet. Essentially,
the effect of the ballot measure, if passed, will be to repeal portions of
the two 1998 voter-approved initiatives and to restore the Agency’s authority
under its enabling act to set groundwater augmentation charges and to acquire
supplemental water from outside Agency boundaries. A
“yes” vote is to approve Ordinance No. 2002-01 proposed by the Agency. A
“no” vote is to disapprove Ordinance No. 2002-01 proposed by the Agency. s/ KAREN R. FORCUM, SAN BENITO COUNTY COUNSEL s/
ADRIENNE M. GROVER, MONTEREY COUNTY COUNSEL s/ DANA McRAE, SANTA
CRUZ COUNTY COUNSEL |
44-531
VOTER
INFORMATION PAMPHLET
MEASURES, ANALYSES AND
ARGUMENTS (whichever is applicable to
your ballot) Arguments in support of, or in opposition to, the proposed laws are the opinions of the authors. |
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ARGUMENT IN FAVOR OF MEASURE N Vote YES on Measure N to stop seawater intrusion
and develop diversified, reliable sources of water. The Pajaro Valley is experiencing serious seawater
intrusion in its groundwater basin.
As seawater continues to move inland, there is less and less fresh
water available for household, farming and other uses. Water is critical to the Pajaro Valley economy and
our water supply is in jeopardy. If
diversified and reliable sources of water are not developed soon, farmers may
be forced out of business. If this
occurs, our community will suffer significant revenue losses and a huge loss
in jobs. We have to act now, while
solutions are still under local control. Additional water can be developed for the Pajaro
Valley by water supply projects. The Pajaro Valley Water Management Agency
has developed a Basin Management Plan that considers utilizing
additional water from diversified sources.
Local projects, recycled water and imported water can be developed. In order to build the projects, everyone who uses
water in the Pajaro Valley will pay a fair share. The average city resident will have a modest rate increase as
projects are phased, amounting to about five dollars per month in total. Even with this increase, Watsonville will
still have the lowest water rates in Santa Cruz County. Farmers and rural residents will also have
an increase in augmentation charges. This is not a tax. You only pay for the water that you use. An irreplaceable natural resource is being
lost. We must stop seawater intrusion
and solve our water supply problem today while it’s still affordable. Vote YES on Measure N to save Pajaro Valley
farming and local jobs. Vote YES on Measure N to help stop seawater
intrusion and develop diversified, reliable water supplies for a secure
future for our Valley. s/
Frank W. Capurro, Chair, Board of Directors, Pajaro Valley Water Management
Agency s/
Rosemarie Imazio, Vice Chair, Board
of Directors, Pajaro Valley Water Management Agency s/
Louis Calcagno, Monterey County Board of Supervisors, District Three s/
Tony Campos, Santa Cruz County Board of Supervisors, District Four s/
Ray Belgard, Former Police Chief |
REBUTTAL TO ARGUMENT IN FAVOR OF
MEASURE N Measure N allows the Pajaro Valley Water
Management Agency (PVWMA) to increase taxes, build water projects and create
hundreds of millions of dollars in bonded indebtedness without describing a
specific plan and without requiring further voter approval. The Pajaro Valley must protect its water
resources, but where is the evidence that “huge job losses” are coming “soon”
if you refuse to write a blank check now?
A
yes vote on Measure N will not assure that you will pay your “fair share”
because Measure N does not include a budget and it does not even suggest a
way to spread water costs fairly. The
PVWMA claims that Watsonville residents “will have only a modest rate
increase” but not one drop of project water will flow to the City! At the same time, local, independent
farmers will have to be competitive while paying up to 5 times the rate of
neighboring areas. How will this
affect local jobs? The
PVWMA claims it is developing reliable water supplies, yet the cornerstone of
their plan is water imported from State and Federal sources. In places like the Klamath Basin people
already know that these sources are neither reliable or secure. If the PVWMA has a specific water project,
a budget and a fair taxation plan, then put that on the ballot and let the
voters approve it. The voters passed
Measure D which said no blank check for the PVWMA. Why should you trust them
with a blank check now? s/
Thomas R. AmRhein, Farmer s/
Richard Peixoto, Farmer s/
Jeanette Crosetti, taxpayer s/
Vincent John Gizdich III, Farmer s/
James Spain, Farmer |
44-532
VOTER
INFORMATION PAMPHLET
MEASURES, ANALYSES AND
ARGUMENTS (whichever is applicable to
your ballot) Arguments in support of, or in opposition to, the proposed laws are the opinions of the authors. |
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ARGUMENT AGAINST MEASURE N Don’t
be fooled! Vote
no on Measure N. A yes vote on
Measure N won’t stop seawater intrusion or even approve construction of a
specific water project. A yes vote
allows the PVWMA to triple water taxes to all water users without regard to
the benefit they will receive from any water project. A yes vote also would potentially allow
the sale of hundreds of millions of dollars in bonded indebtedness without
further voter approval. Measure N
also allows the PVWMA to select and build huge water projects with no further
voter approval of specific projects.
Protect your right to vote on and approve future tax increases, bond
measures and water projects. Don’t
leave the future of the Pajaro Valley in the hands of a 7 member board of
directors. s/ Thomas R. AmRhein,
Farmer s/ V.J. Gizdich, Farmer s/ Richard J. Peixoto,
Farmer s/ Jeanette Crosetti,
Tax Payer s/ James Spain, Farmer |
REBUTTAL
TO ARGUMENT AGAINST MEASURE N The future of the
Pajaro Valley is in your hands NOW. Vote
YES on Measure N – it’s time to stop seawater intrusion and save Pajaro
Valley farming and local jobs. Measure
N allows the Pajaro Valley Water Management Agency to do the job we, the
voters, created the agency to do. The
agency has worked with hundreds of concerned citizens to devise a plan to
stop seawater intrusion and create diversified, reliable water sources. Measure N restores the agency’s ability to
fund the projects that will get the job done. Measure N allows the agency to increase water use fees fairly
as allowed by state law to fund the projects. The
principle is simple – you pay for what you use. The
opponents are confused or are deliberately trying to confuse you, the
voter. User fees are not taxes
– user fees apply to use, period. Do
the opponents offer a solution to seawater intrusion or reliable water
supply? No! All the opponents offer is delay and
confusion. Every day we wait, we
lose more water to seawater intrusion – water we can’t get back. The time to act is NOW. Measure N is your
opportunity to vote for a water supply solution. Vote YES on Measure N
for a secure future for the Pajaro Valley NOW. Vote YES on Measure N
stop seawater intrusion NOW. Vote YES on Measure N
for a diversified and reliable water supply NOW. Vote YES on Measure N
to save local farming and local jobs NOW. s/ Elizabeth “Libby” Gallegos Mine, Farmer s/ Clint Miller, Farmer s/ Diane Porter Cooley, Agricultural Land Owner s/ Ed Kelly, Farmer s/ Ken Dobler, Farmer |
44-533