File #: WRAG 16-041    Name: Approve Settlement Terms for Dismissal of Protests
Type: WR General Agenda Status: Approved
File created: 6/17/2016 In control: Board of Supervisors of the Monterey County Water Resources Agency
On agenda: 6/28/2016 Final action: 6/28/2016
Title: Approve the Settlement Terms for Dismissal of Protests of National Marine Fisheries and California Department of Fish and Wildlife to Monterey County Water Resources Agency Water Rights Applications with California State Water Resources Control Board for Blanco Drain (#32263A), Reclamation Ditch (#32263B) and Tembladero Slough (#32263C).
Attachments: 1. Board Report, 2. draft revised MEMO NMFS proposal for protest dismissal, 3. NMFS Bypass Yields, 4. Completed Board Order
Title
Approve the Settlement Terms for Dismissal of Protests of National Marine Fisheries and California Department of Fish and Wildlife to Monterey County Water Resources Agency Water Rights Applications with California State Water Resources Control Board for Blanco Drain (#32263A), Reclamation Ditch (#32263B) and Tembladero Slough (#32263C).

Report
RECOMMENDATION:
It is recommended that the Monterey County Water Resources Agency Board of Supervisors:

Approve the Settlement Terms for Dismissal of Protests of National Marine Fisheries and California Department of Fish and Wildlife to Monterey County Water Resources Agency Water Rights Applications with California State Water Resources Control Board for Blanco Drain (#32263A), Reclamation Ditch (#32263B) and Tembladero Slough (#32263C).

SUMMARY/DISCUSSION:
Monterey County Water Resources Agency (Agency) filed Water Rights Applications with the California State Water Resources Control Board (Water Board) for the Blanco Drain (#32263A), Reclamation Ditch (#32263B) and Tembladaro Slough (#32263C). In response to those filings the Water Board solicits any protests a party may have against those rights. Once the protest period closes, the filing agency has 30 days to respond to the protest and a maximum of 180 days in which to resolve it. If the protest cannot be resolved within the 180 days, the Water Board holds a formal hearing and makes a decision based on the hearing record. On February 19, 2016 National Marine Fisheries Service (NMFS) and California Department of Fish and Wildlife (CDFW) each filed a protest on each water right for a total of six protests. Agency staff and along with other members of the Pure Water Monterey Project team have been in negotiations with the protestants since February in an effort to address the issues in the protest letters and attempt to find a resolution.

Since February 19, 2016 numerous meetings and telephone calls have been attended by the protestants and the ...

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