RESOLUTION NO. 2004-04

A RESOLUTION OF THE SAN BENITO COUNTY WATER DISTRICT

ESTABLISHING A POLICY FOR

INTER-SUBSYSTEM WATER TRANSFERS

FOR THE 2004-2005 CONTRACT WATER YEAR

WHEREAS, the Water Users’ Handbook, Rules and Regulations for delivering and receiving San Felipe Distribution System Water requires the annual review of terms and conditions governing inter-subsystem transfers; and

WHEREAS, the Annual Groundwater Report for the Water Year 2003 presented facts and the basis for findings that certain groundwater sub-basins are experiencing high groundwater levels; and

WHEREAS, inter-subsystem transfers from subsystems experiencing elevated groundwater levels to subsystems which are currently under supplied and/or have available groundwater storage could serve to mitigate the potential impact of elevated groundwater levels; and

WHEREAS, it is anticipated the District will receive an allotment of at least 50% Agricultural water and 75% Municipal and Industrial water, which together with other supplies available to the District should provide full allocations to District water users.

NOW, THEREFORE the Board of Directors of the San Benito County Water District hereby resolves that:

Authorization for inter-subsystem transfers shall be subject to the following conditions which were designed to mitigate potential impacts on well users in the groundwater basin from which water is being transferred and to mitigate the potential impacts on lands within high groundwater areas.

1. Any such inter-subsystem transfer shall not cause any unreasonable impact on the water supply, operation, or financial condition of the District.

2. Any administrative costs incurred by the District in order to facilitate the transfer shall be paid by the transferee.

3. All project water transferred between subsystems shall be considered “Class 2 Water”, which is defined to mean all water over and above that originally allocated the land by the District, and which is otherwise eligible for transfer.

4. All water originally allocated to the land (Class 1 Water for purposes of this resolution) shall be beneficially used before Class 2 Water may be transferred between the subsystems.

5. No Class 2 Water shall be considered for repurchase by the District.

6. No inter-subsystem transfer shall be permitted into Subsystems 1, 1A, 2, 3, 4, 5, 10 and 11.

7. Inter-Subsystem transfers from Subsystems 6, 7 and 9 shall not cause any unreasonable impact on water supply including groundwater storage as determined solely by the District.

8. The following provisions are suspended for water contract year 2004-2005:

a. A transferor shall not transfer more than 30% of the project water available to any one parcel of land.

b. Out of the total amount of project water authorized for transfer between a subsystem, 25% of such water shall be paid for, deducted from the total allocation, and percolated into the groundwater basin from which the water is being transferred.

THE FOREGOING RESOLUTION was adopted at a regular meeting of the Board of Directors of the San Benito County Water District held on the 28th of January, 2004.

AYES: DIRECTORS Tobias, Swanson, Keck & DeLaCruz

NOES: DIRECTORS None

ABSENT: DIRECTORS Perry

John Tobias

Vice President

ATTEST:

Maria E. Alfaro

Administrative Services Officer