File #: WRAA 16-023    Name: Settlement Agreement
Type: WR Agreement Status: Agenda Ready
File created: 10/9/2016 In control: Water Resources Agency Board of Directors
On agenda: 10/17/2016 Final action:
Title: Consider approving the Settlement Agreement between Monterey County Water Resources Agency (Applicant), Monterey Peninsula Water Management District, Monterey Regional Water Pollution Control Agency and California Department of Fish and Wildlife (Protestant) for the action Before the State Water Resources Control Board of the State of California In the Matter of Water Rights Applications 32263A, 32263B, and 32263C, substantially in the form attached; and, authorize the General Manager to execute the Agreement.
Attachments: 1. Board Report, 2. Board Order, 3. DRAFT CDFW MCWRA 32263AB Protest Dismissal Agreement
Title
Consider approving the Settlement Agreement between Monterey County Water Resources Agency (Applicant), Monterey Peninsula Water Management District, Monterey Regional Water Pollution Control Agency and California Department of Fish and Wildlife (Protestant) for the action Before the State Water Resources Control Board of the State of California In the Matter of Water Rights Applications 32263A, 32263B, and 32263C, substantially in the form attached; and, authorize the General Manager to execute the Agreement.

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

Approve the Settlement Agreement between Monterey County Water Resources Agency (Applicant), Monterey Peninsula Water Management District, Monterey Regional Water Pollution Control Agency and California Department of Fish and Wildlife (Protestant) for the action Before the State Water Resources Control Board of the State of California In the Matter of Water Rights Applications 32263A, 32263B, and 32263C, substantially in the form attached; and, authorize the General Manager to execute the Agreement.

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 Tembladero 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) filed a protest on each water right for a total of six protests. Agency staff and along wi...

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