RESOLUTION NO.
2002-02
A RESOLUTION OF THE BOARD
OF DIRECTORS
OF THE SAN BENITO COUNTY
WATER DISTRICT
ESTABLISHING GROUNDWATER
CHARGES IN ZONE 6
FOR THE 2002-2003 WATER
YEAR
WHEREAS, pursuant
to Section 70-7.7 of the San Benito County Water District Act, the Board of
Directors held a public hearing on the second Monday of January, 2002 to review
and receive public comment on the Final Annual Groundwater Report of the
2000-2001 water year; and
WHEREAS,
on January 14, 2002 the Board of Directors accepted the 2000-2001 Groundwater
Report with the findings read into the record as set forth in Water Code
Appendix 70-7.6; and
WHEREAS,
the Final Annual Groundwater Report recommends that a groundwater charged be
levied, and presents water supply, water usage, and water replenishment
information and presents proposed rates (revenue levels); and
WHEREAS,
the Board conducted a public hearing on January 30, 2002 to determine whether
or not a groundwater charge should be levied in Zone 6, and to consider the
amount of any such charge; and
NOW,
THEREFORE, BE IT RESOLVED AND ORDERED pursuant to Section 70-7.8 of the San
Benito County Water District Act that the groundwater charges for the ensuing
water year (March 1, 2002 through February 28, 2003) are hereby levied,
assessed and fixed against all persons operating groundwater producing
facilities within Zone 6 as follows:
Water Primarily for Municipal and
Industrial Purposes
$ 25.00 per acre foot
$
1.50 per acre foot
BE
IT FURTHER RESOLVED that the charge set forth herein is imposed on the
amount of water consumed by the customer and is not imposed upon real property
or upon a person as an incident of property ownership.
BE
IT FURTHER RESOLVED AND ORDERED pursuant to Section 70-7.10 of the San
Benito County Water District Act that each operator of a water producing
facility not measured with a water measuring device and/or not producing water
from said facility shall file a statement verified by a written declaration
made under penalty of perjury on or before the 31st day of January
in each year until such time as said facility has been permanently abandoned,
setting forth a total production in acre feet of water for the preceding
calendar year (excluding the month in which the statement is due), a general
description or number locating each water-producing facility, and the method or
basis of the computation of such water production or that no water has been
produced from said water-producing facility.
BE
IT FURTHER RESOLVED AND ORDERED that should the operation of a
water-producing facility fail to file the aforementioned statement, said
operator shall be assessed in addition to an interest charge calculated at the
rate of 1% for each month on the delinquent amount of the groundwater charge, a
penalty representing 10% of the amount found by the District to be due.
BE IT FURTHER RESOLVED that continued replenishment of the groundwater supplies
of Zone 6 is necessary;
BE
IT FURTHER RESOLVED that the above groundwater charge does not exceed the
costs reasonably borne by the District in the period of the charge in providing
the water supply service authorized by the District Act in Zone 6, which costs
are set forth in Exhibit “A”,
attached hereto and incorporated by reference.
BE
IT FURTHER RESOLVED AND ORDERED that the term “primary” or “primarily” is
defined in Exhibit “B” attached
hereto and incorporated herein by this reference.
BE
IT FURTHER RESOLVED that the following criteria shall be used in computing
the amount of water produced from a water producing facility, which is not
measured by a measuring device:
Inside
water use shall be determined on the basis of 0.05 acre feet per person per
residence or dwelling unit, plus a base water use of 0.10 acre feet per
residence or dwelling unit.
Outside
water use for irrigation shall be determined on the basis of 0.09 acre feet per
1000 square feet of watered land up to 2.0 acres. For water areas greater than 2.0 acres generally accepted unit
water duties based on crop type and irrigation method as determined by the
District shall be used.
Outside
water use for livestock watering shall be determined on the basis of 0.02 acre
feet per animal unit up to 10 and 0.01 acre feet per animal unit for each unit
above 10.
Outside
water use for fowl shall be determined on the basis of 0.005 acre feet per 100
fowl.
THE
FOREGOING RESOLUTION was adopted at a Regular Meeting of the Board of
Directors of the San Benito County Water District held on the 30th
day of January, 2002 by the following vote:
AYES: DIRECTORS: Swanson, Perry, Tobias, Keck, DeLaCruz
NOES: DIRECTORS: None
ABSENT: DIRECTORS: None
____/s/Douglas Keck________
Douglas Keck
President
ATTEST: __/s/Janet
L. Miller_______
Janet L. Miller
Administrative Services
Officer
EXHIBIT A
SAN BENITO COUNTY WATER
DISTRICT
ZONE 6
2002-2003 GROUNDWATER
REVENUE REQUIREMENTS/CHARGES
|
REVENUE
REQUIREMENTS |
|
RATES2 |
|
Component |
Rate |
Amount1 |
Ag |
M&I |
|
Ag O&M |
$
24.35 |
$ 12,175 |
$
.77 |
|
|
M&I
O&M |
$
26.12 |
$ 36,525 |
|
$3.84 |
|
|
|
|
|
|
|
Ag Capital |
$
50.65 |
$ 25,325 |
$1.61 |
|
|
M&I
Capital |
$104.82 |
$157,230 |
|
$16.55 |
|
|
|
|
|
|
|
Ag Deficit |
$
0.00 |
$ -
- |
$0.00 |
|
|
M&I
Deficit |
$
19.19 |
$ 28,785 |
|
$3.03 |
|
|
|
|
|
|
|
Ag Interest |
n/a |
n/a |
n/a |
|
|
M&I
Interest |
$ 136.32 |
$204,480 |
|
$21.52 |
|
|
|
|
|
|
|
Ag Restoration |
$
7.54 |
$ 3,770 |
$
.24 |
|
|
M&I
Restoration |
$
15.08 |
$ 22,620 |
|
$2.38 |
|
|
|
|
|
|
|
Ag SLDMWA
O&M |
$
6.61 |
$ 3,305 |
$
.21 |
|
|
M&I
SLDMWA O&M |
$
6.61 |
$ 9,915 |
|
$1.04 |
|
|
$ 2.83/acft |
$ 48.37/acft |
|
|
|
|
|
Current
Groundwater Charges5 |
$ 1.50/acft |
$ 25.00/acft |
|
|
|
|
RECOMMENDED CHARGES
|
$ 1.50/acft |
$ 25.00/acft |
1. (Rate) times volume to be percolated3
Ag volume = 500; M&I volume =
1,500
(Rate)
is USBR 2002 Water Rate SLDMWA conveyance and 2001/2002 Restoration Charge;
Interest is based on annual interest or $560,000
2. Rates = Revenue Requirement/projected
usage4
Ag usage = 15,750; M&I usage =
9,500
3. Percolation
volumes from assuming 55% irrigation supply and 85% M&I supply
4. Projected
Usage: Ag = 2000/01 groundwater usage
rounded; M&I = 2000/01 usage rounded
5. Groundwater charge adopted by San Benito
County Water District Board of Directors in January 2002
EXHIBIT
B
ESTABLISHING
THE PRIMARY USE OF WELLS IN ZONE 6
The primary
use must be established on all wells that are used for both agricultural and
municipal and industrial purposes.
Agricultural
water shall mean water used primarily in the commercial production of
agricultural crops or livestock, including domestic use incidental thereto, on
tracts of land operated in units of more than 2 acres.
Municipal,
Industrial and domestic water (hereinafter referred to as M & I water)
shall mean water used for other than agricultural purposes.
IN ORDER TO QUALIFY AS AN AGRICULTURAL
WELL, THERE MUST BE AT LEAST 2 ACRES OF AGRICULTURAL LAND FOR EVERY DWELLING
THAT THE WELL ALSO SERVES.
Examples of
various ratios applied in the classification of wells:
2 Acres of Agricultural Land & 1 Dwelling = Agricultural
or M & I
(as
determined by District)
4 Acres of Agricultural Land & 2 Dwellings = Agricultural
or M & I
(as
determined by District)
2 Acres of Agricultural Land & 2 Dwellings = M
& I
4 Acres of Agricultural Land & 3 Dwellings = M
& I
4 Acres of Agricultural Land & 1 Dwelling = Agricultural
6 Acres of Agricultural Land & 2 Dwellings = Agricultural