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Ord 0152 12/2007ORDINANCE NO. 152 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE VALLECITOS WATER DISTRICT ADOPTING THE METROPOLITAN WATER DISTRICT'S 30 PERCENT REDUCTION FOR INTERIM AGRICULTURAL WATER USERS BE IT ORDAINED by the Board of Directors of the Vallecitos Water District ("District") as follows: Section 1. Declaration of Policy and Background. On October 22, 2007, the Metropolitan Water District of Southern California (MWD) notified the District that, due to current and impending reductions in State Water Project supplies, the MWD will reduce Interim Agricultural Water Program (IAWP) water deliveries by 30 percent, effective January 1, 2008. This action is consistent with MWD's Water Surplus and Drought Management Plan and the District's Water Conservation Program which was adopted in accordance with California Water Code Sections 321026 et seq. Section 2. Findings. The Board of Directors of the District finds and determines that the action of the MWD in reducing the water deliveries to the IAWP users by 30 percent requires implementation by the District. Section 3. Application. The provisions of this Ordinance shall apply to customers and properties participating in the IAWP. Section 4. Authorization. The District General Manager, or his designated representative, is hereby authorized and directed to implement the provisions of this Ordinance. Section 5. Implementation. The District shall monitor IAWP use on a monthly basis, to ensure compliance with this Ordinance. Section 6. Penalties and Enforcement. In addition to any other remedies which the District may have for the enforcement of this Ordinance pursuant to California Water Code 31029, surcharges shall be imposed and service of water may be discontinued or appropriately limited to any customer or property owner who willfully uses water in violation of this Ordinance as follows: Section 7. District Cost. The District shall collect the actual cost for installing or removing a flow restrictor and collect its normal charges for locking off or turning on a meter. These reconnection charges will be on the water bill. (A) Violations will result in a surcharge on that portion of water used above 70 percent in an amount equal to twice the Ordinance No. 152 Paae 2 MWD's bundled Tier 2 rate. This equals $1,212 per acre- foot of treated IAWP water. (B) For any subsequent violation, the District may in its discretion, order either (1) an installation of a flow restrictor or (2) after a hearing, the discontinuance of service for such period of time as the General Manager, or his appointee, determines appropriate under the circumstances. The District shall, at least ten days before the date set for hearing, mail an appropriate written notice of the hearing. Section 7. Effective Date and Publication. This Ordinance shall become effective as of the date of adoption and a summary shall be published within ten days of adoption pursuant to California Water Code Section 31027. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Vallecitos Water District at a regular meeting this 19th day of December, 2007, by the following roll call vote: AYES: FERGUSON, GENTRY, HANNAN, POLTL, SHELL NOES: ABSENT: ABSTAIN: r.~.. ~~ ~~ Timothy M. Shell, President Board of Directors Vallecitos Water District ATTEST: ,~i y ~`: -~~. William W. Rucker, Secretary Board of Directors Vallecitos Water District