Regulatory

In its project description prepared for the CPUC, DeepWater Desal included a list of all the permits it could potentially need from various agencies. It's quite intimidating -- considering the time-consuming, exhaustive nature of most permitting processes. I can't imagine why they want to take this on. I guess it's what you have to do if you want to play in this space. I thought it was an interesting look at the number of agencies that have their fingers in the project like this, so I'm including the list here (with full credit to DeepWater Desal).

Note: As a public utility, Cal-Am is regulated by the California Public Utilities Commission. If Cal-Am wants to build a desal plant financed via water rates and/or surcharges, it must obtain CPUC approval, showing that the project is needed, for the public good, fiscally sound, etc. The other projects, DeepWater DeSal and People's Water Project, technically don't need CPUC permission, unless they intend to sell water to a regulated public utility such as Cal-Am. So, for example, if the ballot initiative passes and MPWMD takes over Cal-Am, as a public agency it could buy water from either of these projects without CPUC regulation.

The other proposals might also have other unique features that would require additional permits. For example, any project that needs to run pipelines under Highway 1, such as the People's Water Project in Moss Landing, would need permission from the Department of Transportation to do so.

Federal agencies

• National Oceanic & Atmospheric Administration: Authorization by the Monterey Bay National Marine Sanctuary Superintendent of federal, state, and local agencies' permits within the sanctuary in accordance with NOAA's National Marine Sanctuary Program requirements for the MBNMS.
• U.S. Army Corps of Engineers: Permit in accordance with Clean Water Act Section 404
• U.S. Army Corps of Engineers: Permit in accordance with Rivers and Harbors Act Section 10
• U.S. Coast Guard: Approval for construction and use of structures located in and above navigable waterways
• U.S. Fish and Wildlife Service: Permission for incidental take if project will result in the take of certain species listed under federal law.
• Requirements for all federal agencies:
  • Consultation with the U.S. Fish and Wildlife Service and/or National Marine Fisheries Service as required under Endangered Species Act of 1973, Migratory Bird Treaty Act, Fish and Wildlife Coordination Act, the Magnuson-Stevens Fishery Conservation and Management Act, the Marine Mammal Protection Act of 1972, and other federal laws
  • Consultation with State Historic Preservation Officer and/or Tribal Historic Preservation Act of 1966
  • Consultation with California Coastal Commission
  • Consultation with the State Regional Water Quality Control Board.
  • Compliance with National Environmental Policy Act

State Agencies:

• California Coastal Commission: Coastal Development Permit for all development below mean high tide line
• Regional Water Quality Control Board Central Coast Region:
  • Compliance with National Pollutant Discharge Elimination System General Permit For Storm Water Discharges Associated with Construction Activity
  • Compliance with National Pollutant Discharge Elimination System Permit in accordance with Clean Water Act 402
  • Compliance with Waste Discharge Requirements in accordance with Porter-Cologne Water Quality Control Act
  • Compliance with Water Quality Certification in accordance with Clean Water Action Section 401
• State Water Resources Control Board: Order of approval for Regional Board Action
• California Department of Fish and Wildlife: Permission for incidental take if project will result in the take of certain species listed under state law that does not require an incidental take permit under federal law
• California Department of Public Health: Permit to operate a Public Water System
• California Department of Transportation: Encroachment permits for structures to be located within State Highway right of way and consultation with State Historic Preservation Office regarding historic resources
• California Public Utilities Commission: Certificate of Public convenience and Necessity (if a utility company regulated by the CPUC takes water from the DWFD project)
• California State Lands Commission: Permission to construct and use facilities to be located on land owned by the state of California.
• For all State Agencies: Consultation and coordination with federal agencies, compliance with California Environmental Quality Act.

Regional and Local Agencies

• Monterey County: Coastal Development Permit for development to be located above the mean high water line within the Coastal Zone.
• Monterey County Planning and Building Inspection Department: Erosion Control Permit for structures to be located within the county road right of way, Grading Permit, Erosion Permit, Use Permit, and Coastal Development Permit in accordance with the California Coast Act.
• County Health Department: User Permit Permission to construct and operate a Desalination Facility
• Monterey Bay Unified Air Pollution Control District: Permission to construct and operate in accordance with Air Quality Regulations
• Moss Landing Harbor District: Permission to construct and use facilities located on or above submerged lands and uplands owned by MLHD.
• Transportation Agency for Monterey County: Permission to construct and use facilities located on land owned by TAMC
• Monterey Peninsula Water Management District: Water system Expansion Permit (if a water purveyor within the MPWMD's territory takes water from the DWD project)
• For all regional and local agencies:
  • consultation and coordination with State and Federal Agencies and Permits
  • consultation with California Department of Fish and Wildlife
  • Compliance with California Environmental Quality Act