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Ordinance No. 558-14 - Superseded ORDINANCE NO. 558-14 AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT AMENDING DIVISION 7 OF THE ADMINISTRATIVE CODE, AMENDING THE DISTRICT'S GROUNDWATER MANAGEMENT ORDINANCE, AND SUPERSEDING ORDINANCE NUMBER 477-00 IN ITS ENTIRETY BE IT ENACTED, by the Board of Directors of the South Tahoe Public Utility District, County of El Dorado, California, as follows: SECTION I- PURPOSE, POLICY AND CITATION The purpose of this Ordinance is to amend the groundwater management ordinance of the South Tahoe Public Utility District, El Dorado County, State of California(District), coincident with the District's update to its groundwater management plan, pursuant to the Groundwater Management Act(California Water Code sections 10750, et. seq.). SECTION II- FINDINGS The District's Board of Directors makes the following findings: 1. The Tahoe South Subbasin of the Tahoe Valley Groundwater Basin(6- 5.01) is located within the District's boundaries; 2. In December 2000, the District enacted Ordinance No. 477-00 adding Division 7 to the Administrative Code authorizing the administration of the Tahoe Valley South (6-5.01) Groundwater Management Plan ("2000 TVS Basin GWMP") pursuant to California Water Code section 10750, et seq.; 3. The District desires to update the 2000 TVS Basin GWMP in order to ensure compliance with current requirements in California Water Code section 10750 et. seq., AB 3030 and SB 1938; 4. A twelve-member Stakeholder Advisory Group (SAG) was convened and met four times in 2014 (April 16, May 14, June 4 and September 24) to provide input from the public, local agencies and business owners as to updating the 2000 TVS Basin GWMP ("2014 TVS Basin GWMP"); 5. The 2014 TVS Basin GWMP is in accordance with Assembly Bill 3030 ("AB 3030"), also called the Groundwater Management Act (Section 10750 et. seq. of the California Water Code) and Senate Bill 1938 ("SB 1938"). The purpose of the 2014 TVS Basin GWMP is to implement Basin Management Objectives ("BMO") to manage Ordinance No.558-14 Groundwater Management Ordinance Page 1 037627\0072\11729484 2 groundwater supplies, protect groundwater quality, and foster stakeholder involvement. The Plan is a separate report that provides the technical and planning information supporting this Ordinance; 6. The Board of Directors, pursuant to Resolution 2969-14, has adopted its 2014 TVS Basin GWMP; 7. The Groundwater Management Ordinance provides the District with a mechanism to regulate and protect District's groundwater resources so that groundwater will remain a viable potable water resource and be available to be put to the most efficient and beneficial use by the District and its customers; 8. The District is an authorized groundwater management agency within the meaning of California Water Code Section 10753(a) and assumes responsibility for managing the quantity and quality of the Groundwater resources within the 2014 TVS Basin GWMP Plan Area pursuant to this Ordinance. Pursuant to California Water Code section 10754, the District may exercise the authority of a water replenishment district pursuant to Part 4 (commencing with section 60220) of Division 18 for the protection and preservation of the District's Groundwater resources; 9. Public notice of this Ordinance was duly given, authorized, posted and published, as required by law; and 10. Because groundwater is the predominant source of the District's drinking water supply within, the Board of Directors finds it advisable and in the best interests of the District to implement the Ordinance for comprehensive groundwater management. SECTION III-AMENDMENT OF DIVISION 7 OF ADMINISTRATIVE CODE The provisions of this Ordinance amending Division 7, Sections 7.1 through 7.10, inclusive, of the District's Administrative Code, are incorporated by this reference. This Ordinance supersedes Ordinance Number 477-00 in its entirety. SECTION IV- SEVERABILITY If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance and its implementing rules and regulations is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance or the Administrative Code. The Board of Directors declares and determines that it would have passed section, subsection, subdivision, paragraph, sentence, clause or phrase thereof of this Ordinance and its implementing rules and regulations and the Administrative Code irrespective of the fact that any one or more Ordinance No.558-14 Groundwater Management Ordinance Page 2 037627\0072\11729484.2 sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases may be determined to be unconstitutional or invalid. SECTION V- EFFECTIVE DATE This Ordinance amending Division 7 to the Administrative Code shall take effect thirty(30) days after its passage. PASSED AND ADOPTED by the Board of Directors of the South Tahoe Public Utility District at its Special Board Meeting on the 4th day of December, 2014, by the following vote: AYES: Cefalu, Vogelgesang, Sheehan, Schafer NOES: None ABSENT: Jones DATED: December 4, 2014 Erift Schafer, Pre iden the Board Melonie Guttry, Executive rvices Manager Ordinance No.558-14 Groundwater Management Ordinance Page 3 037627\0072\11729484.2