RESOLUTION NO. 2003-02

A RESOLUTION OF THE BOARD OF DIRECTORS

OF THE SAN BENITO COUNTY WATER DISTRICT

ESTABLISHING GROUNDWATER CHARGES IN ZONE 6

FOR THE 2003-2004 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, 2003 to review and receive public comment on the Final Annual Groundwater Report of the 2001-2002 water year; and

WHEREAS, on January 13, 2003 the Board of Directors accepted the 2001-2002 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 15, 2003 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, 2003 through February 29, 2004) 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

$ 20.00 per acre foot

Water primarily for Agricultural Purposes

$ 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 15th day of January, 2003 by the following vote:

AYES: DIRECTORS: Swanson, Perry, De La Cruz, Tobias, Keck

NOES: DIRECTORS: None

ABSENT: DIRECTORS: None

 

 

___/s/Kenneth A. Perry________

Kenneth A. Perry

President

ATTEST: _/s/Janet L. Miller_______

Janet L. Miller

Administrative Services Officer

 

EXHIBIT A

SAN BENITO COUNTY WATER DISTRICT

ZONE 6

2003-2004 GROUNDWATER REVENUE REQUIREMENTS/CHARGES

REVENUE REQUIREMENTS

  

RATES2

Component

Rate

Amount1

Ag

M&I

Ag O&M

$ 18.91

9,455

$ .61

  

M&I O&M

$ 16.68

16,680

  

$2.22
         

Ag Capital

$ 53.91

26,955

$1.74

  

M&I Capital

$104.07

104,070

  

$13.88
         

Ag Deficit

$ 0.00

- -

$0.00

  

M&I Deficit

$ 15.34

15,340

  

$2.05
         

Ag Interest

n/a

n/a

n/a

  

M&I Interest

$ 130.01

130,010

  

$17.33
         

Ag Restoration

$ 7.69

3,845

$ .25

  

M&I Restoration

$ 15.38

15,380

  

$2.05
         

Ag SLDMWA O&M

$ 6.61

3,305

$ .21

  

M&I SLDMWA O&M

$ 6.61

6,610

  

$ .88
 

$ 2.81/acft

$38.41/acft
     

Current Groundwater Charges5

$ 1.50/acft

$25.00/acft
     

RECOMMENDED CHARGES

$ 1.50/acft

$20.00/acft

 

1. (Rate) times volume to be percolated3

Ag volume = 500; M&I volume = 1,000

(Rate) is USBR 2002 Water Rate SLDMWA conveyance and 2002/2003 Restoration Charge; Interest is based on annual interest of $560,000

2. Rates = Revenue Requirement/projected usage4

Ag usage = 15,500; M&I usage = 7,500

3. Percolation volumes from assuming 65% irrigation supply and 100% M&I supply

4. Projected Usage: Ag = 2001/02 groundwater usage rounded; M&I = 2001/02 usage rounded and adjusted for projected "Lessalt" WTP (SSCWD/COH) usage of San Felipe Distribution System Water (2,000 acre feet)

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