1995 AB3030 Attempt


Audio of the 08/02/1995 AB3030 Attempt (30mb .wma file)

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Audio of the 08/02/1995 AB3030 Attempt (24mb .mp3 voice audio)

h:mm:ss Notes on Comments made
0:01:47 Hearing for Nipomo Groundwater Management Plan, AB3030
0:02:53 Doug Jones comments on area
0:07:38 Carl Hauge on AB3030
0:10:35 6 methods for management
0:11:56 First method, Overlying rights to Groundwater
0:13:35 Second method, 1914 legislation and water code
0:14:54 Third method, Management with Adjudicated basins
0:15:34 If you don't have data you can't manage the basin
0:16:13 Levels lower extract less, levels are higher extract more
0:16:41 Some people agree
0:17:52 Water Quality and Quantity are inseparable
0:18:19 Fourth method Special legislation
0:19:10 Fifth method, AB3030
0:20:05 Sixth method, County regulation
0:21:57 Examples and locations
0:26:30 Agencies that can have AB3030 plans
0:27:33 AB3030 not ok in litigated basin
0:28:07 Procedures for AB3030
0:29:27 Need for second public hearing
0:29:40 Need for a Majority Protest hearing
0:30:30 If no Protest Plan can be adopted in 35 days
0:31:02 The agency can adopt rules and regulations
0:31:07 This agency can not determine water rights
0:31:53 Agency has the authority of a water replenishment agency
0:32:18 May fix and collect fees with this section of water code
0:32:48 Must hold election on fees
0:33:45 AB3030 requires coordination with others
0:34:04 Need for Joint powers agreement
0:34:16 JPA only for government not private entity
0:34:19 MOU for private entity
0:34:33 Limiting extractions
0:35:07 12 components of AB3030
0:35:11 1 Salt water intrusion
0:35:54 2 well head
0:36:48 3 control of contaminate
0:38:13 4 Well abandonment
0:38:59 5 mitigate overdraft
0:39:11 6 Replenishment of groundwater
0:39:24 7 Monitoring groundwater and storage
0:39:56 Interpolation usually wrong, but fun guessing
0:40:23 8 Facilitate conjunctive use
0:40:32 9 ID well construction
0:40:37 10 build and operate cleanup, recharge
0:40:48 11 Work with State
0:40:56 12 Review land use to avoid groundwater contamination
0:41:42 What are the benefits of Management
0:41:49 share cost and benefits "equitably"
0:42:28 AB3030 requires DWR to report on plans
0:43:37 In conclusion
0:43:48 Problem here is you have NCSD, County and Cal Cities water
0:44:06 several ways, you can go to court or AB3030
0:45:04 Advantages of AB3030
0:46:06 End of Carl Hauge, Start of Jon Sietz presentation
0:47:10 Jon Sietz, Ability of AB3030 to manage residential use
0:47:19 Jon Sietz, There has to be a finding of critical condition to regulate residential
0:47:57 Jon Sietz, Common to appoint board members to AB3030 like one from Cal Cities
0:48:42 Jon Sietz, It would not be NCSD board members on the Agency it would be the appointed board
0:49:45 Carl Hauge, Domestic wells exempt (sort of)
0:50:06 Carl Hauge, Cal Cities will need a MOU because JPA will not do
0:50:19 Carl Hauge, Working out the JPA and MOU would be the time to determine the AB3030 Board
0:50:55 Jon Sietz, Not legal analysis on future growth in progress
0:52:11 Jon Sietz, Two or Three studies on basin likely being overdrafted to one degree or another
0:52:38 Jon Sietz, 1994 report, estimate of 6000 AF overdraft
0:52:51 Jon Sietz, These are studies and I don't want to over legitimize them
0:52:59 Jon Sietz, LFM 4000 AF overdraft
0:53:08 Jon Sietz, County severity II which means
0:53:42 Doug Jones, Process of the plan
0:54:36 Doug Jones, Steering committee to decide how to manage the basin
0:54:51 Small, Timelines?
0:56:40 Roger Brett, Cal Cities which became GSWC
0:57:15 Roger Brett, Cal Cities pumps 1000 to 1100 AF/Year
0:58:42 Questions by Board Members
0:58:53 Katte Fairbanks, What is the Majority Protest 50% of assessed land value or what?
0:59:29 Domestic wells excluded?
1:01:00 Small, fees for extraction shall hold an election, What laws?
1:03:14 Carl Hauge, Limited benefits could have a limited election area
1:03:43 Bob Blair, in a full blown emergency can all wells be shut down including domestic?
1:04:42 Carl Hauge, Questions of cut back should be addressed up front
1:04:53 Bob Blair, Election property owners or general public?
1:05:40 Carl Hauge, the whole point is to work out equitably
1:05:53 Small, Start of public Comment
1:07:22 Istar Holliday, Overlying user, Largest purveyors use 75%, credibility would be increased if will serves delayed
1:10:28 Small, Annexations hottest issue
1:10:59 Small, provides costs and vehicle for obtaining supplemental water which we are going to need
1:11:34 Ruth Bracket, from BOS
1:12:17 Ruth Bracket, County area is the biggest why are they not part of the process?
1:12:43 Ruth Bracket, AB3030 not discussed by the SLO BOS yet.
1:13:52 Ruth Bracket, Capital Projects, Where is this money coming from?
1:14:28 Ruth Bracket, Mitigation of overdraft?
1:14:38 Ruth Bracket, a lot about metering of wells
1:14:53 Ruth Bracket, Dispute on overdraft, We do not have all the data, Conflicting reports.
1:15:31 Ruth Bracket, only urban area is in a county level II
1:15:58 Ruth Bracket, NCSD does not get water from in the district
1:16:22 Jon Sietz, well metering and monitoring, gathering data on extraction, Metering
1:16:54 Jon Sietz, The NCSD would have to collect data on extractions
1:18:52 Carl Hauge on Meters
1:21:28 Doug Jones, county JPA status
1:21:51 Doug Jones, "had conversations with members of the engineering department and they are generally in favor of the concept"
1:21:58 Doug Jones, and Board members and they feel it's a conservation aspect of management of groundwater basins
1:22:09 Ruth Bracket, You have not had a public hearing (On a county JPA)
1:22:30 Jon Sietz, There has been two public meetings at NCSD on their agenda
1:23:05 Jon Sietz, Pre-drafted resolution mentions NCSD, CC, county and AG (as being on the creation committee members)
1:23:25 Jon Sietz, The plan will address who will be on the board (deflecting who picks the creation committee members)
1:24:05 Jon Sietz, It's all planned to be public
1:24:21 Jon Sietz, It will take a board member or engineering to place it on the BOS agenda
1:24:42 Jon Sietz, Question about County resource plan, claims it's the whole "subunit"
1:25:11 Jon Sietz, Staff created area for plan (for discussion?)
1:25:34 Jon Sietz, area is what most reports describe as the Mesa
1:25:44 Jon Sietz, and area includes land served by the basin.
1:25:59 Small, exception land east of Thompson?
1:26:05 Jon Sietz, Thinks land east of Thompson is being served by the Mesa, Small, well at least some of it
1:26:32 Doug Jones, the southern boundary is the SMVWCD
1:26:48 Doug Jones, The Northern Boundary is the County Zone 3, Lopez
1:27:04 Doug Jones, The thought of the Nipomo Valley is if we get supplemental water it would be good for the valley
1:27:16 Doug Jones, Supplemental Water, 2000 AF for the district , 3000AF for ag use
1:27:24 Doug Jones, And that is the intent of what we are doing
1:27:52 Small, describes function of Steering committee as input to the NCSD board for decision
1:28:26 Bob Blair, If three people in the middle want to be excluded, they won't be
1:28:38 Carl Hauge, If they are a water company they can not be forced to be included
1:29:09 Small, Acknowledges the Question but does not provide answer
1:29:21 Carl Hauge, Capital expenditures, 30 plans none talk about funding, plan first step
1:30:00 Carl Hauge, Cost of water is going to go up
1:31:23 Kate Gruter?, is the mesa an arbitrary area that does not overlap other districts or a genuine geologic formation?
1:32:02 Jon Sietz, The studies generally group One basin from Pismo to Guadalupe, but within that are what are called aquifers or sub units, a geographical boundary
1:33:03 Jon Sietz, list the three "Subunits" generally used
1:33:26 Jon Sietz, There is a solid boundary on each subunit that prevents water from moving in and out
1:33:42 Jon Sietz, the Santa Maria subunit is having a huge overdraft and that does not appear to be having a huge effect on the Mesa
1:34:05 Jon Sietz, So there's a barrier between that prevent huge migrations of water
1:34:13 Kate Gruter?, where does our water originate from?
1:34:28 Carl Hauge, Rainfall on surface area
1:35:12 Kate Gruter, What we are talking about is just us and not Santa Maria?
1:35:25 Tape change
1:35:28 Ruth Bracket, the head water start in the Cayuma Valley and there is a huge watershed
1:35:57 Doug Jones, based on studies there is an outflow to the north and south
1:36:24 Doug Jones, 100% Rainfall, No stream flow recharges
1:36:57 Kate Gruter, What interference can we expect from the water board? just business and ag?
1:37:21 Jon Sietz, single residence and granny flat exempt, except in critical conditions (overdraft), a finding by the State Water Resources Board
1:38:27 Kate Gruter, so you can't keep us from taking water out, but you can assess us fees?
1:38:34 Confusion, Yes/No? depends on critical finding
1:39:16 Carl Hauge, Reads section of code on residents being exempt
1:39:46 Kate Gruter, if we have a general election, who do the fees apply to?
1:39:52 Carl Hauge, admits that anyone in the zone of benefit would pay fees
1:40:03 Crowd, What's the bottom line?
1:40:16 Jon Sietz, Power to levee fees must first be voted on by the people in the area including residents, Majority vote
1:41:01 Jon Sietz, Within AB3030 there must be a finding by the board based on engineers report
1:41:14 Jon Sietz, In these plans, the first step is knowledge
1:41:48 Jon Sietz, once you have knowledge, then decide on capital projects
1:41:59 Jon Sietz, once project decided on then there must be an election (not clear, 2nd? specific on project or just the general power once?)
1:42:20 Jon Sietz, AB3030 plan address three things, Extraction from basin, Quantity in basin, Quality in basin
1:43:56 Jon Sietz, after dismissing likelihood of fees, You can weigh for yourself
1:44:05 Jon Sietz, There must be a report and Study that fees are necessary
1:44:35 Kate Gruter, Observation committees never disband
1:45:09 Burt Fugate, Water issues for a number of years, easier to get into a fight then out
1:45:42 Burt Fugate, Scott Slater informed us it would take 10 million to litigate Ventura, If you pass the resolution, do you have a budget
1:46:24 Burt Fugate, Overflow to Santa Maria, should Santa Maria be a participant? must enlarge area
1:47:16 Burt Fugate, Can't do anything in 90 to 120 days, Budget will be a lot larger
1:47:51 Doug Jones, no idea of fee amount
1:48:19 Doug Jones, People distrust public entities
1:48:45 Doug Jones, the whole point is to avoid litigation, (10 million)
1:49:03 Doug Jones, Reads AB3030 preamble
1:49:39 Doug Jones, To use basin to maximum use, and bring in supplemental water
1:49:46 Doug Jones, every time we try to bring in supplemental water we are defeated
1:50:01 Doug Jones, I would like to get 4000-5000 AF, NCSD needs 1500 to 2000, rest to benefit valley
1:50:36 Burt Fugate, Not sure district should front money for the county area
1:50:55 Doug Jones, Two plans must coordinate, in the long run there will be one agency from AG to Orcutt
1:51:36 Susan Koch Snyder, code states, any local agency may adopt a plan within all or a part of it's service area.
1:52:38 Susan Koch Snyder, By what Law using to draw and area outside the NCSD area
1:53:00 Jon Sietz, Response is the agency itself would be the goundwater basin, the NCSD board would not be the AB3030 board
1:53:38 Doug Jones, We have enter into a MOU/JPA with other purveyors, and the County Flood Control District, NCSD can't go outside it's boundary
1:53:57 Doug Jones, NCSD could from a replenishment district but that's harder
1:54:31 Marth Dunes, Will there not be any meter on residences?
1:54:59 Jon Sietz, At this time this board can not guarantee no meters
1:56:19 Jon Sietz, if the plan passed by the assessed value of the landowners included metering then yes
1:56:55 Marth Dunes, Protest vote by assessed value? details
1:57:32 Jon Sietz, Two ways of protesting, letter or go to meeting and say so
1:58:15 Peter Hesse, Most of the water is on the south side of Mesa Road so what basin are you talking about, well up 100 feet, in worst of drought our water did not change
1:59:55 Peter Hesse, We are not talking about the Mesa as a subunit we are talking about where the water is
2:00:09 Carl Hauge, with more data you may find a zone that doesn't need help and a zone that's overdraft, benefit by zone
2:01:23 Rolland Neetz, Has study July 1990 county study, Basin definition, There is no geological basis for Nipomo "Sub basin", Nipomo only different because of layer of sand
2:03:41 Rolland Neetz, Can AB3030 district control draft in Santa Maria?
2:03:56 Small, We don't know for sure
2:04:25 Small, will have to negotiate with Santa Maria basin yearly at least on subsurface flows
2:04:54 John Snyder, An outflow and an overdraft at the same time?
2:04:58 Small, Yes there is an overdraft, well many reports of overdraft, 1-2 no overdraft, 3-4 that there is
2:05:43 Doug Jones, Nipomo agency could give a chance of protecting from Santa Maria pumping
2:06:13 Norine Koch, It's still not clear who is going to appoint the steering committee?
2:06:36 Norine Koch, talked to Doug Jones and understands that staff has spent time on a draft
2:06:43 Small, Not a draft of the GWMP
2:06:50 Doug Jones, We have a rough draft prepared by legal council we are looking at putting it together
2:07:05 Norine Koch, you have a running start?
2:07:07 Doug Jones, we are moving forward with that aspect
2:07:09 Norine Koch, Public notice and time for meetings?
2:07:35 Stewart Johnston, Would that apply to the steering committee?
2:07:36 Doug Jones, No Just public entities, that gets to the brown act
2:07:53 Jon Sietz, That is an issue the Steering committee would address
2:08:03 Jon Sietz, Four members of Steering committee known ag, NCSD SCWC, SLO flood control
2:08:40 Jon Sietz, then within that committee there would be a decision how to publish their meetings
2:08:48 Norine Koch, I'm missing something, who is actually going to appoint the members of the steering committee?
2:09:02 Jon Sietz, AB3030 does not say
2:09:12 Peter Adam, The people with the standing should be sitting on that committee
2:09:18 Peter Adam, Like the overlying landowers
2:09:25 Peter Adam, Its so patronizing to give the Landowners one vote out of 4, you got everyone out numbered
2:09:42 Jon Sietz, That's the subject of the plan
2:10:16 Stewart Johnston, It's not going to be a plan to the voters it's going to be a plan proposed to the NCSD board
2:10:22 Jon Sietz, No that's incorrect
2:10:48 Jon Sietz, a plan to the voters then a a protest vote by assessed valuation,
2:10:58 Steward Johnston, Excuse me but that is not an election it's a majority protest process
2:11:07 Jon Sietz, Ok thank you I stand corrected, it is not an election, its a meeting where the plan would be published and people could register a protest
2:11:39 Norine Koch, can individuals bring data to the process?, Yes
2:11:52 Norine Koch, who would choose what type of data?
2:12:02 Carl Hauge, One of the first things that's true of any kind of study, is agreeing on the data
2:12:32 Carl Hauge, the first thing is water levels, you train someone to take them .. if you don't take a reading once a month you're a bad manager
2:13:24 Text:Norine Koch, I still don't know who is going to appoint the steering committee
2:13:31 Carl Hauge, I am here from Sacramento to help you ... let me recommend that perhaps this meeting is premature
2:13:53 Someone from the County, NCSD, CC ought to get together, to work out the detals on how to proceed, who should be included
2:14:34 Carl Hauge, would you rather your well went dry or pay a small fee?
2:14:41 Norine Koch, I'm not sure there is an overdraft
2:15:01 ?, Who has the decision on who is on the steering committee?
2:15:09 Doug Jones, look out there and see who are all the users on the Mesa
2:15:13 Norine Koch, Yes but who has the authority to do that?
2:15:25 Small, anyone who is interested participating is considered
2:15:38 Small, The neighsayers are paranoid, this is just a meeting
2:15:54 John Snyder, The plan is already developed, Small no it's not,
2:16:06 Small, In the first month those who want their voices heard can come down and express their opinion
2:16:14 Norine Koch, To this board then?
2:16:16 Small, Right, to this board because we are the only initiators of the plan
2:16:25 Norine Koch, So you (NCSD) are in fact will be deciding
2:16:31 Small, We are going to have to look at all the people who are interested
2:16:35 Norine Koch, and you will have the final decision?
2:16:38 Small, I just don't know
2:16:48 Stewart Johnston, who appoints the 4 member drafting committee, Just tell us
2:16:58 Bob Blair, I don't have a clue who the hell is going to do this and I would like to know before I give them my trust
2:17:15 Stewart Johnston, the public would like an answer to that simple straight forward question
2:17:39 Small, I don't know the answer to that question
2:17:41 Doug Jones, I'm trying to address your question, trying to get consensus of all users 100 or 200 if needed
2:18:23 Istar Holliday, You and giving no attention to overlying users who are sitting on the water, who have primary rights to that water, be considered
2:18:59 Doug Jones, individuals are exempt from the program (everyone "not they are not")
2:19:12 Istar Holliday, They are exempt from participating but not exempt from giving up their water
2:19:31 Doug Jones, suggests individual property owners come up with one representative (everyone "One")
2:19:50 Small, has everyone reviewed these 6 possibilities (one in the crowd, adjudication), "adjudication" Small laughs, is there a consensus that see something else
2:20:13 Doug Jones, did you get the attorney's name? Staff Yes
2:20:21 Small, We can't have this much opposition this early a process to be proactive and not react to a adjudication process
2:20:47 Ruth Bracket, I don't disagree to look at the future and manage that resource but you talk about one more government program
2:21:32 Tape change
2:21:36 Ruth Bracket, you are going to have to sit down with all the stake holders, this is premature
2:21:53 Ruth Bracket, I had one meeting with Doug and no other supervisors, waiting for Joint meetings
2:22:16 Ruth Bracket, Your public meetings deal with inside your district
2:22:44 Ruth Bracket, County Flood Control does not pump any water, Why are they in the committee?, this is a local issue
2:23:08 Tape Change
2:23:28 Ruth Bracket, It has to be in a setting that's not regulatory
2:23:55 Small, County has to be involved because of land-use planning
2:24:02 Ruth Bracket, Not County Flood Control District
2:24:11 Doug Jones, the agency can't come together with a MOU out the county
2:24:27 Speaker? George Gipson at the county has all the well data, Tons of data
2:25:07 Small, Preponderance of data shows we are in overdraft
2:25:47 Small, This meeting is premature, we need a few meeting before proceeding, squash resolution, answer more questions
2:26:55 Ruth Bracket, Work shop without the intent to make a resolution
2:27:11 Jacqueline Frederick, why the big rush? overdraft information based on faulty analysis, being review, studies self serving
2:28:44 Jacqueline Frederick, who ever decides will select studies that are self serving
2:29:08 Jacqueline Frederick, Not interested in being placated, wants what this community wants
2:29:53 Jacqueline Frederick, why is Doug Jones so motivated to involve us
2:31:03 Jacqueline Frederick, What is the motivation in NCSD being the promulgated
2:31:20 Jacqueline Frederick, this has to be formed by an agency within it's use area? the answer was we are going to form another group to take care of that
2:31:34 Jacqueline Frederick, I hear NCSD board members talking as themselves being that agency
2:31:48 Jacqueline Frederick, Talk of supplemental water? Where is it coming from? are you going to take my water from my wells to give to others
2:32:09 Jacqueline Frederick, where is the funding coming from?
2:32:20 Jacqueline Frederick, Notes Doug Jones said NCSD can't fund this kind of a project
2:32:46 Doug Jones, Would like to know these studies
2:32:54 Doug Jones, I know DWR is making a study due 1997
2:33:28 Doug Jones, Until the agency is formed and the plan is developed, that's where it comes from
2:34:17 Doug Jones, Not sure where supplemental water comes from, desal is out there
2:34:56 Doug Jones, desal at $8 per person
2:35:36 Doug Jones, anyone interested in meeting?
2:35:52 John Snyder, talked to one of the guys that did the studies, he sent me a letter, plan is premature, Ask when the DWR is going to be released
2:37:04 John Snyder, is there any case of the state forcing action in 30 days? without pressure from the state or county does that not imply
2:37:37 Carl Hauge, In Foxen Canyon they had a check in one hand and a stick in the other
2:37:58 Carl Hauge, If you know as little as you do about your basin, you have a big stick over your head
2:38:06 John Snyder, I have only been on it for like 96 hours so we are getting there
2:38:10 Peter Adam, Stick over Salinas overturned
2:38:24 Carl Hauge, State Water Resources Control Board is still threatening to go to court
2:38:58 George Dana, Notice of meeting stinks
2:39:47 Tape Change
2:40:22 George Dana, Terror of metering wells, Talk in Salinas of $8000 per well
2:42:16 Michel Rodgers, was a victim last time NCSD expanded, need good clear information before action
2:43:51 Mike Calaletto, Was surprised to be part of this, this is premature before more information, why the Nipomo Valley in
2:44:48 Doug Jones, List to be notified
2:45:17 Susanne Koch Snyder, only heard is protest, I hope you are hearing this, What's your benefit
2:46:01 Bob Blair, I have been against this, you will have to have permission to re-drill your well, it's all going to change if this goes forward
2:46:52 Mendoza, Expects no benefit personally, if someone does not take action the state will
2:47:40 Jon Sietz, State has code sections that are current if a ground water basin is in trouble they can cause adjudication
2:48:34 Jon Sietz, legislators thought groundwater management was a problem
2:49:10 The State will have the ability to manage groundwater basin if those basins are in trouble
2:49:50 Carl Hauge, State is not managing basin but threatening adjudication
2:50:17 Doug Jones, Address Motivation, states it's in overdraft, crowd shouts no it’s not, motivation overdrafted so needed management
2:51:58 Ruth Bracket, Need simple process, North agreed to a Gentlemen’s agreement.
2:53:02 Ruth Bracket, Can we limit the AB3030 plan?
2:53:25 Jon Sietz, It would all be in the plan, No guarantee
2:55:45 Mark Moore, Observations, NCSD moving too fast, process not thought through, create task force
3:02:11 Maureen Chamen, Did not get any notice, not part of the district or district plan, when I first heard this I thought I was not part of this, son of a gun
3:05:42 Rollan Neets, District does not have a handle on the size of the gas tank
3:07:04 Small, We don't have money to study
3:07:21 Jon Sietz, the size is the Mesa Subunit, AB3030 is to manage that gas tank, we don't know the size, you are right, 1000 new houses planned, 1AF/House
3:10:17 Jon Sietz, This district does not have land use power
3:10:54 Tape change
3:10:58 Ruth Bracket, New DWR, It will take a few years to reach consensus
3:12:10 Jon Sietz, No one would disagree, do you wait to form an agency, (crowd "Yes"),
3:13:10 Small, is the root of opposition because there is not an overdraft?
3:13:57 Jacqueline Frederick, you (Small) have agreed that there are conflicting studies
3:14:51 Small, You will have to be actively involved
3:15:05 Small, There no way to control growth (by NCSD or landowners)
3:15:48 Ruth Bracket, Just went through the general Plan update, when you (NCSD) come over and drill a new well you don't do an EIR
3:17:47 Ruth Bracket, Old studies showed overdraft when nothing here
3:18:10 Doug Jones, the conflict is the degree of overdraft
3:18:17 John Snyder, No it's if there is or is not an overdraft, took study off your desk that if you read very carefully there is no overdrafted
3:19:08 Small, You guys trying to compare pumping depressions versus a large scale condition
3:19:42 Carl Hauge, Need work shops
3:20:48 Small, We are not going to make a motion on the resolution tonight