State Water Resources Control Board
Division of Water Rights
1001 I Street, 14th Floor 
Sacramento, California 95814
916.341.5300

Mailing Address: 
P.O. Box 2000 
Sacramento, California 95812-2000
FAX: 916.341.5400 
www.waterrights.ca.gov

MARCH 17, 2004

State Clearinghouse
1400 Tenth Street
Sacramento, CA 95814

Thom McCue
Monterey County Planning and
Building Inspection Department
2620 First Avenue
Marina, CA 93933-6205

Dear Sir or Madam:

PEBBLE BEACH COMPANY'S DEL MONTE FOREST PRESERVATION
AND DEVELOPMENT PLAN - SCH# 2002011130

Division of Water Rights (Division) staff has reviewed
the Draft Environmental Impact Report (DEIR) for the
Pebble Beach project identified above. The document
states that the direct water requirement is 355
acre-feet per annum (afa). The DEIR states that the
local water purveyor, California-American Water Company
(Cal-Am) is not constrained by the requirements of
State Water Resources Control Board (SWRCB) Order WR
95-10 in providing this water from the Carmel River.
Division staff disagrees with this statement because it
lacks the necessary supporting documentation. Cal-Am
has legal rights for only 3,376 afa of the 11,285 afa
that it diverts from the Carmel River.

In Order WR 95-10, the SWRCB exercises its
discretionary enforcement capability as long as total
annual diversions by Cal-Am do not exceed 11,285 afa.
This should not be construed as a finding that there is
a legal supply for most of the water that Cal-Am
provides to its customers. During the water year
October 1, 2002 through September 30, 2003, Cal-Am
exceeded the 11,285 afa limit by 35 af. The Division is
addressing the non-compliance issue. Thus, Cal-Am has
no additional water within the 11,285 afa limit to
serve new development.

The issue of whether Cal-Am can legally supply water to
the Pebble Beach project hinges on whether Cal-Am can
divert more than 11,285 afa (the Order WR 95-10 limit)
to serve the new development. The water supply
information in the DEIR indicates that landscape and
golf course irrigation will obtain some of its water
from the Carmel Area Wastewater District (CAWD)
facility. The DEIR indicates that the CAWD facility
produces between 550 and 780 afa. New diversions from
the Carmel River are needed, however, to provide
potable water for consumptive uses for the 403
residential units, 34-unit planned unit development, 53
lowcost housing units, golf course clubhouse and
related facilities.

The SWRCB is exercising its enforcement discretion to
not penalize Cal-Am for excess diversions from the
Carmel River as long as Cal-Am's diversions do not
exceed 11,285 acre-feet per annum (afa) plus the
quantity of potable water provided to Pebble Beach
Company (up to 380 afa) and other sponsors under the
380 afa entitlement for use on the Del Monte Forest
properties (see enclosed letters dated March 27, 1998
and October 18, 2001).

This enforcement discretion will be exercised as long
as the wastewater reclamation project continues to
produce as much as, or more than, the quantity of
potable water delivered to the Del Monte Forest
property, and the reclaimed wastewater is utilized on
lands within the Cal-Am service area. Order WR 95-10
does not provide discretion to address any projects
involving the use of additional output from the
wastewater treatment facility, other than the 380 afa.

The DEIR does not analyze how much of the 380 afa has
already been allocated to other projects. The DEIR is
deficient without this analysis. The DEIR needs to
analyze both the quantity assigned from the 380 afa
(and provide metering data to document whether already
approved uses are taking more water than originally
expected) and daily impacts to the Carmel River as a
result of the new diversions from that source related
to this project.

If this project, in combination with other projects,
exceeds the 380 afa identified in Order WR 95-10 for
use on the Del Monte Forest property, diversions in
excess of 380 afa will be subject to enforcement
pursuant to Water Code section 1052. It is my
understanding that the Monterey Peninsula Water
Management District is planning to allocate additional
output from the CAWD facility to local uses. Will this
result in additional exchange of treated wastewater
with new diversions from the Carmel River? If so, the
cumulative impacts of all reasonably foreseeable new
projects should be addressed in the DEIR.

The DEIR needs to analyze which Cal-Am diversion works
will be used to supply the water to this project, as
well as any local instream effects associated with
additional diversion at the specific well(s). What
impacts will occur to steelhead and red-legged frogs?
Will additional diversion result in a cone of
depression, drawdown effects, or a "dry spot" in the
riverbed at the diversion works? What mitigation
measures will be implemented to address any new effects
to the Carmel River? The DEIR should state how water
will be provided for this project, should Cal-Am fail
to fully legalize its Carmel River diversions.

The DEIR should analyze whether additional diversions
will result in any violations or potential violations
of annual instream flow diversion agreements between
Cal-Am and the Department of Fish and Game and the NOAA
Fisheries. Is a biological opinion on steelhead or
red-legged frog prior to initiating new diversions?

If you require further assistance, I can be contacted
at (916) 341-5363.

Sincerely,

ORIGINAL SIGNED BY

Katherine Mrowka, Chief
Watershed Unit #3

Enclosures (2)
cc: (without enclosures)
Ms. Fran Farina
Monterey Peninsula Water
Management District
P.O. Box 85
Monterey, CA 93942-0085

Mr. Steven Leonard
California-American Water Company
P.O. Box 951
Monterey, CA 9394200951

Mr. David Dilworth
Helping Our Peninsula's Environment
P.O. Box 1495
Carmel, CA 93921

Mr. Stuart Somach
Somach, Simmons & Dunn
Hall of Justice Building
813 Sixth Street, Third Floor
Sacramento, CA 95814-2403

KMrowka:jmtipps03.17.04
U:\PERDRV\Kathy Mrowka\pebble beach EIR.doc