Draft Language

PROPOSED CHANGE #1

WATER SUPPLY – STRENGTHENING ABILITY TO BETTER MANAGE
FOR DISCUSSION PURPOSES ONLY

BACKGROUND:  In 1951 the State Legislature created what is now known as the Santa Clara Valley Water District. Over the course of the ensuing 57 years, the District Act has evolved as the District merged with other entities, took on a new environmental mission, and adapted to the pressing issues of the day. Amendments were generally inserted into the existing structure without regard to the overall impact. As a result, the District Act is now a patchwork of language which varies from very broad sweeping language to hyper specific detailed language. Because the Act is essentially a series of Sections without an organizing structure to provide context and meaning, the inclusion of one specific approach may appear to exclude others. This has given rise to many questions and misunderstandings about the intent and scope of the language. This revision is striving for clarity and consistency as a means of shedding light on the District’s purposes and practices. The goal is to produce a better articulated, cohesively aligned document which clearly lays out the District’s existing authority. This effort to clarify and better organize the Act for ease of access should in no way be deemed an indication of lack of existing authority.

CURRENT PROBLEM: a lack of clarity including in the following areas:

• In many places, the Act uses narrow and specific language to address a particular known problem rather than flexibly addressing the range of potential problems.

Example:  In Section 6.1 relating to water contamination, the only hazard listed is “abandoned or unused water well.”  While other hazards merit regulation to ensure water quality and are covered in other general sections, it would be clearer not to single out this one situation.

• Section 26.7 dealing with groundwater charges is confusingly constructed and could be read to allow tiered rates only as a remedy rather than as a proactive measure to avoid future harm.
• The Act is not consistent throughout in defining “alternative supplies” as an offset to groundwater.
• Currently the Act is not in sync with the State water use efficiency goals.
• Currently the Act gives the District the authority to “prevent the unlawful exportation of water from the district.” To ensure adequacy of water supplies in a zone, restrictions on exportation of water between zones may also be needed.

SUGGESTED DRAFT LANGUAGE

The following is an excerpt of proposed revisions to the existing Section 5 of the Act relating to District powers - specifically with regard to water supply issues. The bolded underlined portions reflect changes addressing some of the identified areas of lack of clarity. Additional revisions are proposed in the Act to follow through with these concepts.

§ 5. Nature of district; powers 
The district is hereby declared to be a body corporate and politic and has the powers enumerated in this act and all powers reasonably implied to perform all acts necessary or proper to carry out fully the provisions of this act including: 

C. Acquisition, Storage, Treatment, and Distribution of Water 

1. To appropriate and acquire water and water rights, and to import water into the district.  

2. To store water in surface reservoirs or the groundwater basin within or outside the district for the common benefit of the district or of any zone. 

3. To conserve, treat, extract, inject, recharge, reclaim, recycle, distribute, store, protect and manage water for present and future use within the district.  

4. To take actions such  that sufficient water of suitable quality is available within the district to meet current and long term water reliability needs, as well as short term demands during critically dry periods, regulatory shortages, emergencies, or other interruptions in normal supply for all beneficial water uses.   

5. To distribute, sell, or otherwise dispose of, outside the district, any water not needed for beneficial uses within the district.  

6. To take any action necessary or appropriate to litigate or resolve water rights or water use issues, within or outside the district, including enforcement actions to prevent the wasteful use of water, harm to water, or to natural resources within the district.  

7. To take any action necessary or appropriate to litigate or resolve any action or proceeding to prevent public nuisance interference with, diminution or degradation of, or to declare rights in; the natural flow of any stream or surface or subterranean supply of water used or useful for any purpose of the district. 
 
8. To enact suitable regulations preventing harmful extraction or exportation of water from the district, or from a zone, in order to protect the paramount right of the district to manage the water supplies of the district.   

9. To prevent contamination, pollution, degradation, or otherwise rendering unfit for beneficial use the surface or subsurface water of the district, and to take any action necessary or appropriate to litigate or resolve any action or proceeding to prevent any interference with the described waters as may endanger or damage the inhabitants, lands, or use of water in, or flowing into, the district.  The district does not have the power to intervene or take part in, or to pay the costs or expenses of, private actions or controversies between the owners of lands or water rights that do not affect the interests of the district.

PROPOSED CHANGE #2

CAPITAL PROJECTS – IMPOSITION OF FEES, CLARIFICATION OF CEQA TIMING IN PROJECT DEVELOPMENT
FOR DISCUSSION PURPOSES ONLY

CURRENT PROBLEM – FEES

• Mechanisms not clearly in place to have growth pay for itself through impact or readiness to serve fees.
• While fees are specifically allowed to be collected for payment of flood control facilities, the Act is silent as to authorization for collection of water supply impact fees.

CURRENT PROBLEM – CEQA

• The District Act was drafted prior to the enactment of CEQA. The provisions of the Act which deal with preparation of Engineer’s Reports, and institution of projects, with their own public hearing requirements, have been difficult for staff to reconcile with CEQA timing issues.

SUMMARY OF INTENDED CHANGES

It is the intent of the District to ensure that the public is informed about proposed capital projects, that environmental considerations are included at the earliest possible phase of planning, and that opportunities are afforded the public to participate in the decision making process. Consistent with that intent, a new process is being developed which incorporates the concept of requiring projects to be included in a Board approved Capital Improvement Plan before significant resources are spent in planning, a defined development process including check-in points with the Board, opportunities for public involvement at different points in the process, early incorporation of environmental considerations into project conceptualization, and a clearer tying of decision processes to the type of funding mechanism being used to finance the project.

PROPOSED CHANGE #3
DISTRICT ACT LANGUAGE - TAX EXEMPTION LOW INCOME DISABLED PERSONS
FOR DISCUSSION PURPOSES ONLY

§ 13.2. Special taxes at minimum uniform rates per land use category and size; exemption 

For the purposes of levying special taxes pursuant to paragraph (2) of Section 13, the district may impose special taxes in accordance with Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code at minimum uniform rates per land use category and size.  The district may provide an exemption from these taxes for residential parcels owned and occupied by one or more taxpayers who are at least 65 years of age, or who qualify as totally disabled under the Social Security Act, if the total household income is less than an amount that is approved by the voters of the district. 

PROPOSED CHANGE #4
DISTRICT ACT CHANGES RE BOARD COMPOSITION
REPLACING TWO AT LARGE APPOINTED DIRECTORS WITH ELECTED DIRECTORS

FOR DISCUSSION PURPOSES ONLY

Sections 7, 7.1, 7.2, and 7.3 would be amended to provide as follows:

New Districts:

• 2010 Census data is used by District to draw two new districts

• Board conducts districting process in  2011 including public input and adopts resolution establishing boundaries of new districts 6 and 7

• Boundaries of the new districts 6 and 7 are  determined in accordance with Elections Code Section  22000(a) (equal in population to extent practicable; Board  may consider

factors such as topography, geography, cohesiveness, community of interests)

• Boundaries are established at least 180 days prior to June 2012 election (Elections Code Section  22000)

Election for new Districts:

• Election for new district 6 in 2012 (at same time as districts 2, 3, and 5) ; new director takes office first Monday in 2013

• Election for new district 7 in 2014 (at same time as district 1 and 4);  new director takes office first Monday in 2015

Current appointed seats:

• Rather than expire on 12/31/09, one will continue until new district 6 director takes office January 2013, and the other will continue until district 7 director takes office January 2015

• Any vacancies in the appointed seats prior to their sunset will be filled by the board of directors

PROPOSED CHANGE #4 – ALTERNATIVE

DISTRICT ACT CHANGES RE BOARD COMPOSITION
REDISTRICTING TO 7 NEW DISTRICTS
INTERIM AT LARGE APPOINTED DIRECTORS

FOR DISCUSSION PURPOSES ONLY

Sections 7, 7.1, 7.2, and 7.3 would be amended to provide as follows:

New Districts:

• 2010 Census data is used by District to draw seven new districts

• Board conducts districting process in 2011 including public input and adopts resolution establishing boundaries of 7 new districts

• Boundaries of the new districts are determined in accordance with Elections Code Section  22000(a) (equal in population to extent practicable; Board  may consider factors such as topography, geography, cohesiveness, community of interests)

• Boundaries are established at least 180 days prior to June 2012 election (Elections Code Section  22000)

Election for new Districts:

• Election for new districts occurs in 2012; new directors take office first Monday in January 2013

• Initial terms are staggered (OPTION  A:  Top 4 vote getters have initial 4 year terms; lowest 3 directors have initial 2 year terms;  OPTION B:  Directors for 1, 3, 5, & 7 have initial 4 year terms; 2, 4, & 6 have initial 2 year terms)

Elections for Current Districts:

• Seats up for election in 2010 (1 and 4) will have 2 year terms so that all current seats have terms that expire when newly elected 7 directors take office

Appointed seats:

• Current appointed seats expire on 12/31/09 as provided under current Act

• Two new appointed at large seats will be created, effective 1/1/10.  Both seats will represent entire county

• Before end of 2009, Board will make appointments to the two seats

• These at large directors will serve until the newly elected 7 directors take office on first Monday in January, 2013

• Any vacancies in the appointed seats prior to their sunset will be filled by the board of directors

PROPOSED CHANGE #5
DRAFT DISTRICT ACT LANGUAGE- GENERAL CLARIFICATIONS (GOOD GOVERNANCE, CLIMATE CHANGE)
FOR DISCUSSION PURPOSES ONLY

The following is an excerpt of proposed revisions to existing Section 4 of the Act relating to District objects and purposes. The text has been split into two parts for structural clarification. The bolded underlined portions reflect changes aimed at clarifying the existing District purpose and specifically including additional context for the existing intent and purposes.

§ 4. Intent 
 Comprehensive, responsible water management contributes to and enhances Santa Clara County’s well-being and the region’s social, economic, and ecosystem sustainability. An integrated approach to providing effective flood protection measures, managing a sustainable water supply, and supporting healthy watersheds is essential to provide for the community now and into the future. Collaboration with federal, state, regional and local agencies, water retailers and the community is required to meet these water resource goals. The district will provide for reliable water supply and flood protection through practical and environmentally sensitive management of water resources. This act is intended to provide the flexibility needed by the district to adaptively manage through changing conditions and an uncertain future. 

 § 5. Purposes 
 The purpose of this act is to authorize the district to provide comprehensive protection from flooding within Santa Clara County and comprehensive water resource management for all beneficial uses.  The district is authorized to do any of the following: 

A.  Flood Protection

1. Protect the people, property, and environmental resources of Santa Clara County from the damaging effects of floodwater and stormwater, including tidal floodwater and the floodwater and stormwater of streams that have their sources outside the district, but flow into the district.

2. Enhance, protect, or restore streams, riparian corridors, or natural resources in connection with carrying out the purposes set forth in this act.  

 B. Water Supply/Conservation

1. Provide the people, property, and environmental resources of Santa Clara County with a reliable supply of water of suitable quality sufficient to meet current and long term needs  
2. Protect and augment the quantity and quality of the water supplies of the district by any lawful means, including storage, importation, and treatment.  

3. Convey, store, distribute, exchange, or sell water from any source for purposes of managing the water supplies of the district. 

4. Increase, as well as prevent the waste or diminution of, the water supply in the district through water use efficiency programs and projects including demand management pricing, recycling and desalination. 

5. Replenish the underground water basin within the district 
 
6. Protect the groundwater basin from contamination or the threat of contamination. 

 C. Resource Protection 

1. Preserve open space in Santa Clara County and support the County park system and trail or recreational use of district property in a manner that is consistent with carrying out the powers granted by this act.

2. Sustain groundwater resources and protect against land subsidence. 

3. Adapt to the effects of climate change on water resources while acting to mitigate the district’s impact by minimizing greenhouse gas emissions. 

4. Facilitate the integration of energy and water policy to increase energy production, water use efficiency, and to reduce regional greenhouse gas emissions.

 5. Enhance, protect, or restore streams, riparian corridors, or natural resources.