HomeMy WebLinkAboutSWRCB - Proposed Rulemaking on Wasteful Water Uses Menchaca, Clarissa
From: Bennett, Robin
Sent: Wednesday, January 31, 2018 11:29 AM
To: Menchaca, Clarissa
Cc: Gosselin, Paul; Raevsky, Cathy; Mendoza, Louie
Subject: FW: State Water Board's Proposed Rulemaking on Wasteful Water Uses—changes to
the proposed text and additional 15-day comment period
Attachments: notice-1 5day-wasteful water.pdf
BOS Correspondence: a notice from SWRCB regarding water conservation Rulemaking.
From: lyris@swrcbl8.waterboards.ca.gov [maiIto:lyris@swrcb18.waterboards.ca.gov]
Sent:Wednesday,January 31, 2018 11:17 AM
To: Bennett, Robin <RBennett@buttecounty.net>
Subject: State Water Board's Proposed Rulemaking on Wasteful Water Uses—changes to the proposed text and
additional 15-day comment period
This is a message from the State Water Resources Control Board
The State Water Board is advancing a rulemaking that would prohibit certain wasteful water use
practices. In response to public comments, the State Water Board is initiating an, additional 15-
day public comment period commencing on January 31', 2018.
The notice and changes to the proposed regulatory text are attached and available on-line:
https:Z/www.waterboards.c,a.gov/water issues/programs/conservation portal/res ZWasteful
water uses.htmI
There Will be an adoption hearing on February 20, 2018 during the board meeting, which begins
at 9:30 am. For more information, please see the February 20th Board Meeting Agenda:
https:Hwww.waterboards.ca.gov/board info/calendar.
Contact: Charlotte Ely: Charlotte.Elv@waterboards.ca.gov, 916-319-8564
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Water Boards
State Water Resources Control Board
TITLE 23. WATERS
DIVISION 3. STATE WATER RESOURCES CONTROL BOARD AND
REGIONAL WATER QUALITY CONTROL BOARDS
CHAPTER 3.5 Conservation and the Prevention of Waste and Unreasonable Use
15-Day Notice of Proposed Regulatory Action
NOTICE IS HEREBY GIVEN that the State Water Resources Control Board (State Board) has
changed the text of the proposed regulation regarding Water Conservation and the Prevention
of Waste and Unreasonable Use, and is making the changed text available for public comment
prior to adoption, amendment, or repeal of the resulting regulation.
A copy of the proposed text with the new changes clearly illustrated is included herein. For the
Internet posting of this notice, the regulation text is posted as a separate document in
conjunction with the notice document.
LIST OF MATERIAL ADDED
• Description of method for indicating changes to the proposed regulation.
• Changes to the proposed regulation
WRITTEN COMMENT PERIOD AND SUBMITTAL OF COMMENTS
Any person, or his or her representative, may submit written comments regarding the changes
to the proposed regulation. The written comment period closes at 12:00 p.m. (Noon) on
February 14, 2018. The State Board will only consider comments received at the State Board
offices by that time.
Please send comment letters to Ms. Jeanine Townsend, Clerk to the Board, by email at
comment]etters(cD_waterboards.ca.goy, (916) 341-5620 (fax), or by mail or hand delivery
addressed to:
Jeanine Townsend, Clerk to the Board
State Water Resources Control Board
P.O. Box 100, Sacramento, CA 95812-2000 (by mail)
1001 1 Street, 24th Floor, Sacramento, CA 95814 (by hand delivery)
Please also indicate in the subject line, "Comment Letter—Changes to Proposed Regulation
Prohibiting Wasteful Water Use Practices." Hand and special deliveries should also be
addressed to Ms. Townsend at the address above. Couriers delivering comments must check
in with lobby security and have them contact Ms. Townsend. Due to the limitations of the email
system, emails larger than 15 megabytes are rejected and cannot be delivered or received by
the State Water Board. We request that comments larger than 15 megabytes be submitted
under separate emails.
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t(lY1± i:rr�nt.:;;:;:rf:r.r.;�,C;A i3!;!i' ! E >,F:z=.rvr.,.csnrgr.-. Cf �?ne 1{If. tili.r�ipan[n (a.4fiF.r7fE!:;t ,v n'•x.::�n±:bpart:4 ra q.^..
January 31, 2018
All comments, including email or fax transmissions, should include the author's name and
U.S. Postal Service mailing address in order for the State Board to provide any notices that may
be required in future.
To be added to the mailing list"Water Conservation Regulations"for this rulemaking and to
receive notification of updates of this rulemaking, you may subscribe by going to
www.waterboards.ca.gov/water issues/programs/conservation portallregslwasteful water use
s.html (click on "subscription lists").
Please note that under the California Public Records Act(Gov. Code, § 6250 et seq.), your
written and oral comments, attachments, and associated contact information (e.g., your
address, phone, email, etc.) become part of the public record and can be released to the public
upon request.
SPECIAL ACCOMMODATION REQUEST
Consistent with California Government Code Section 7296.2, special accommodation or
language needs may be provided for any of the following:
• Documents made available in an alternate format or another language;
• A disability-related reasonable accommodation.
To request these special accommodations or language needs, please contact the Clerk to the
Board at(916) 341-5600 as soon as possible, but no later than 10 business days before the
scheduled Board hearing. TTY/TDD/Speech to Speech users may dial 711 for the California
Relay Service.
SI NECESITA ARREGLOS ESPECIALES
Conforme a la Seccion 7296.2, del Codigo del Gobierno de California, los siguientes servicios o
arreglos especiales pueden ser solicitados:
• Servicio de interprete durante la audiencia;
• Documentos en otro idioma o en un formato alterno;
• Arreglos razonables relacionados a una discapacidad.
Para pedir estos arreglos especiales o servicios en otro idioma, puede contactar a la Secretaria
de la Junta (Board) al (916) 341-5600 to mas pronto posible, Pero a mas tardar 10 dias habiles
antes de la fecha de la audiencia de la Junta (Board). Los usuarios del Sistema
TTYITDDNoza-Voz pueden marcar el 7-1-1 para utilizar el California Relay Service.
Page 2 of 12
January 31, 2018
STATE BOARD CONTACT PERSONS
Requests of copies of the text of the proposed regulation, the statement of reasons, or other
information upon which the rulemaking is based, or other inquiries should be addressed to the
following:
Charlotte Ely
State Water Resources Control Board
Office of Research, Planning and Performance
1001 "1" Street
Sacramento, CA 95814
Telephone No.: (916) 319-8564
E-mail address: Charlotte.Ely@waterboards.ca.gov
The backup contact person is:
Kathy Frevert
State Water Resources Control Board
Office of Research, Planning and Performance
1001 "1" Street
Sacramento, CA 95814
Telephone No.:(916) 322-5273
E-mail address: Kathy.Frevert@waterboards.ca.gov
INTERNET ACCESS
The documents relating to this proposed action may also be found on the State Water Board's
website at the following address:
www.waterboards.ca.gov/water issues/programs/conservation portallindex.shtml
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Water Conservation and the Prevention
Of Waste and Unreasonable Use
January 31, 2018
DESCRIPTION OF METHOD FOR INDICATING CHANGES TO THE PROPOSED
REGULATION FOR WATER CONSERVATION AND THE PREVENTION OF WASTE AND
UNREASONABLE USE (Z-2017-1031-01)
Changes made to the proposed regulation are indicated as follows:
• Additional regulation text is indicated by a red underline (underline .
• Deleted regulation text is indicated by a red strikethrough (str+kethrough).
CHANGES TO THE PROPOSED REGULATION FOR WATER CONSERVATION AND THE
PREVENTION OF WASTE AND UNREASONABLE USE (Z-2017-1031-01)
PROPOSED TEXT OF REGULATION
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control
Boards
Chapter 2. Appropriation of Water
Chapter 3. Determination of Right to the Use of Water
Article 2. Adjudications Under Water Code Sections 2500 Through 2900
Chapter 3.5. Conservation and the Prevention of Waste and Unreasonable Use
Article 1. Prevention of Waste and Unreasonable Use
Glaims,*Q- )Af;;tLq
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1
§-955-. 955. Policy and Definition.
(a) In investigating any uses of water and making the determinations required by this article, the
board shall give particular consideration to the reasonableness of use of reslairned recycled
water or reuse of water.
(b) As used in this article, "misuse of water" or"misuse" means any waste, unreasonable use,
unreasonable method of use, or unreasonable method of diversion of water.
Authority cited: Section 1058, Water Code.
Reference: Sections 100, 275, 1240, 1251, 1253 and 1257, Water Code; and Section 2, Article
X, California Constitution.
§ 956 [Haired Intepestc [Coni imbeF-e 11
§-856 956. Investigations.
The board staff shall investigate an allegation of misuse of water:
(1)when an interested person shows good cause, or
(2)when the board itself believes that a misuse may exists.
Authority cited: Section 1058, Water Code.
Reference: Sections.100,,183,,,275 and 1051,Water Code; and Section 2, Article X; California -
Constitution.
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§ 857-&-957. Notifications, Hearings and Orders.
(a) If the investigation indicates that a misuse of water has occurred, the board staff shall notify
interested persons and allow a reasonable period of time in which to terminate such misuse or
demonstrate to the satisfaction of the board staff that misuse has not occurred.
(b) At the end of the time set by the board staff, and upon application of any interested person
or upon its own motion, the board may hold a hearing to determine if misuse has occurred or
continues to occur.
(c) If the misuse is alleged to have occurred or to continue to occur in connection with exercise
of rights evidenced by a permit or license issued by the board, the board shall notice the hearing
as a permit revocation hearing pursuant to Water Code Section 1410.1, or as a license
revocation hearing pursuant to Water Code Section 1675.1, as appropriate; or as a preliminary
cease and desist order hearing pursuant to Water Code Section 1834.
(d)The board may issue an order requiring prevention or termination thereof.
Authority cited: Section 1058, Water Code.
Reference: Sections 100, 275, 183, 1051, 1401, 1675.1 and 1834, Water Code.
§858- 958. Noncompliance with Order Regarding Misuse Under Water Right Entitlement.
If a permittee or licensee does not comply with any order issued pursuant to Section 84W957
within such reasonable period of time as allowed by the board, or such extension thereof as
may for good cause be allowed by the board, and if such order includes a finding that waste,
unreasonable use, method of use, or method of diversion has occurred in connection with
exercise of a right evidenced by a permit or license issued by the board, a revocation action
may be commenced by the board:
(a) If the hearing has been noticed as a permit or license revocation hearing, and if the board
finds that misuse has occurred or continues to occur, the board may order the permit or license
revoked or impose appropriate additional or amended terms or conditions on the entitlement to
prevent recurrence of the misuse;
(b) If the hearing pursuant to Section 857957 has been noticed as a preliminary cease and
desist order hearing, and if the board finds that misuse has occurred or continues to occur, the
board may issue a preliminary cease and desist order.
Authority cited: Section 1058, Water Code.
Reference: Sections 1410, 1675 and 1831, Water Code.
R 959 SPeGAG Boreuirements for Irri9ati9n PFeefc [Renealedl
x-859 959. Noncompliance with Other Order.
If a person other than a permittee or licensee does not comply with any order issued pursuant to
Section 857957 within such reasonable period of time as allowed by the board, or such
extension thereof as may for good cause be allowed, and if such order includes a finding that
such person has misused or continues to misuse water, the board may request appropriate
legal action by the Attorney General.
Authority cited: Section 1058, Water Code.
Reference: Section 275, Water Code.
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0-& 980. Alternative Procedure.
The procedure established in this article shall be construed as alternative to, and not exclusive
of, the procedures established in Chapter 5 of Title 23, California Administrative Code, in
accordance with Section 4007 therein.
Authority cited: Section 1058, Water Code.
Reference: Section 275, Water Code.
§ 9a�gRatuFe Of Deps ent Renumbered}
§-735-.§ 961. Napa River, Special.
(a) Budding grape vines and certain other crops in the Napa Valley may be severely damaged
by spring frosts. During a frost, the high instantaneous demand for water for frost protection by
numerous vineyardists and other water users frequently exceeds the supply in the Napa River
stream system. This results in uncoordinated diversions and possible infringements upon other
rights. Therefore, all diversions of water from the stream system between March 15 and May 15
determined to be significant by the board or a court of competent jurisdiction shall be considered
4FaseF�ablyunreasonable and a violation of Water Code Section 100 unless controlled by a
watermaster administering a board or court approved distribution program. Diversions for frost
protection and irrigation during this period shall be restricted to: (1) replenishment of reservoirs
filled prior to March 15 under an appropriative water right permit, or (2) diversions permitted by
the court.
(b) The service area of the distribution program may be revised at any time by order of the
board or the court. The board will retain jurisdiction to revise terms and conditions of all frost
protection permits should future conditions warrant.
(c) Under this section diversion of water during the spring frost season from March 15 to May 15
to replenish water stored in reservoirs prior to the frost season is "regulation," as defined in
Chapter 2, Article 2, Section 657: Replenishment diversion must be to reservoirs for which a
permit or license authorizing winter storage prior to the frost season has been issued.
Authority cited: Section 1058, Water Code.
Reference: Section 2, Article X, California Constitution; and Sections 100, 275 and 1051.5,
Water Code.
§ O62 ObjeGtOGRc [Reny M139F9 ]
862-.&962. Russian River, Special.
Budding grape vines and certain other crops in the Russian River watershed may be severely
damaged by spring frosts. Frost protection of crops is a beneficial use of water under section
671 of#4s-chapter 2 of this division. During a frost, however, the high instantaneous demand for
water for frost protection by numerous vineyardists and other water users may contribute to a
rapid decrease in stream stage that results in the mortality of salmonids due to stranding.
Stranding mortality can be-avoided-by-coordinating or otherwise managing diversions to-reduce - -
instantaneous demand. Because a reasonable alternative to current practices exists, the Board
has determined these diversions must be conducted in accordance with this section.
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(a) After March 14, 2012, except for diversion upstream of Warm Springs Dam in Sonoma
County or Coyote Dam in Mendocino County, any diversion of water from the Russian River
stream system, including the pumping of hydraulically connected groundwater, for purposes of
frost protection from March 15 through May 15, shall be diverted in accordance with a board
approved water demand management program (WDMP). For purposes of this section,
groundwater pumped within the Russian River watershed is considered hydraulically connected
to the Russian River stream system if that pumping contributes to a reduction in stream stage to
any surface stream in the Russian River watershed during any single frost event.
(b) The purpose of the WDMP is to assess the extent to which diversions for frost protection
affect stream stage and manage diversions to prevent cumulative diversions for frost protection
from causing a reduction in stream stage that causes stranding mortality. The WDMP, and any
revisions thereto, shall be administered by an individual or governing body (governing body)
capable of ensuring that the requirements of the program are met. Any WDMP developed
pursuant to this section shall be submitted to the board by February 1 prior to the frost season.
(c)At a minimum, the WDMP shall include (1) an inventory of the frost diversion systems within
the area subject to the WDMP, (2) a stream stage monitoring program, (3) an assessment of the
potential risk of stranding mortality due to frost diversions, (4)the identification and timelines for
implementation of any corrective actions necessary to prevent stranding mortality caused by
frost diversions, and (5) annual reporting of program data, activities, and results. In addition, the
WDMP shall identify the diverters participating in the program and any known diverters within
the area subject to the WDMP who declined to participate. The WDMP also shall include a
schedule for conducting the frost inventory, developing and implementing the stream stage
monitoring program, and conducting the risk assessment.
(1) Inventory of frost diversion systems: The governing body shall establish an inventory of all
frost diversions included in the WDMP. The inventory, except for diversion data, shall be
completed within three months after board approval of a WDMP. The inventory shall be updated
annually with any changes to the inventory and with frost diversion data. The inventory shall
include for each frost diversion:
(A) Name of the diverter;
(B) Source of water used and location of diversion;
(C) A description of the diversion system and its capacity;
(D) Acreage frost protected and acres frost protected by means other than water
diverted from the Russian River stream system; and
(E)The rate of diversion, hours of operation, and volume of water diverted during each
frost event for the year.
(2) Stream stage monitoring program: The governing body shall develop a stream stage
monitoring program in consultation with National Marine Fisheries Service (NMFS) and
California Department of Fish and Game (DFG). For the purposes of this section, consultation
involves an open exchange of information for the purposes of obtaining recommendations. The
governing body is authorized to include its own expert scientists and engineers in the
consultation, and request board staff to participate, when desired. The stream stage monitoring
program shall include the following:
(A) A determination of the number, type, and location of stream gages necessary for the
WDMP to monitor and assess the extent to which frost diversions may affect stream
stage and cause stranding mortality;
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(B)A determination of the stream stage that should be maintained at each page to
prevent stranding mortality;
(C) Provisions for the installation and ongoing calibration and maintenance of stream
gages; and
(D) Monitoring and recording of stream stage at intervals not to exceed 15 minutes.
(3) Risk assessment: Based on the inventory and stream stage information described above,
and information regarding the presence of habitat for salmonids, the governing body shall
conduct a risk assessment that evaluates the potential for frost diversions to cause stranding
mortality. The risk assessment shall be conducted in consultation with NMFS and DFG. The
governing body is authorized to include its own expert scientists and engineers in the
consultation, and request board staff to participate, when desired. The risk assessment shall be
evaluated and updated annually.
(4) Corrective Actions: If the governing body determines that diversions for purposes of frost
protection have the potential to cause stranding mortality, the governing body shall notify the
diverter(s) of the potential risk. The governing body, in consultation with the diverters, shall
develop a corrective action plan that will prevent stranding mortality. Corrective actions may
include alternative methods for frost protection, best management practices, better coordination
of diversions, construction of off-stream storage facilities, real-time stream gage and diversion
monitoring, or other alternative methods of diversion. Corrective actions also may include
revisions to the number, location and type of stream stage monitoring pages, or to the stream
stages considered necessary to prevent stranding mortality. In developing the corrective action
plan the governing body shall consider the relative water right priorities of the diverters and any
time delay between groundwater diversions and a reduction in stream stage. The corrective
action plan shall include a schedule of implementation. To the extent feasible, the corrective
action plan shall include interim corrective actions if long-term corrective actions are anticipated
to take over three years to fully implement. The diverters shall implement corrective actions in
accordance with the corrective action plan, or cease diverting water for frost protection.
(5)Annual Reporting: The governing body shall submit a publically available annual report of
program operations, risk assessment, and corrective actions by September 1 following the frost
season that is the subject of the report. The report shall include:
(A) The frost inventory, including diversion data.
(B) Stream stage monitoring data.
(C) The risk assessment and its results, identification of the need for any additional data
or analysis, and a schedule for obtaining the data or completing the analysis.
(D) A description of any corrective action plan that has been developed, any corrective
actions implemented to date, and a schedule for implementing any additional corrective
actions.
(E) Any instances of noncompliance with the WDMP or with a corrective action plan,
including the failure to implement identified corrective actions. The report shall document
consultations with DFG and NMFS regarding the stream stage monitoring program and
risk assessment and shall explain any deviations from recommendations made by DFG
or NMFS during the consultation process. In addition, the annual report shall evaluate
the effectiveness of the WDMP and recommend any necessary changes to the WDMP,
including any proposed additions or subtractions of program participants. Any
recommendations for revisions to the WDMP shall include a program implementation
_.plan._and_schedule._The..board..may.require..changes.-to.the.WDMP,.including-but_not. . -
limited to the risk assessment, corrective action plan, and schedule of implementation, at
any time.
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(d) The governing body may develop and submit for the Deputy Director for Water Rights'
approval, criteria, applicable to any participant in its WDMP, for identifying groundwater
diversions that are not hydraulically connected to the Russian River stream system. The
governing body may submit to the Deputy Director a list of groundwater diverters that appear to
meet these criteria and could be exempted from this section. The Deputy Director is authorized
to exempt the listed groundwater diverters, or identify the reason for not exempting the listed
groundwater diverters. Beginning three years from the effective date of this section, if an
individual groundwater diverter can independently demonstrate to the satisfaction of the Deputy
Director that the diversion is not hydraulically connected to the Russian River stream system,
the Deputy Director is authorized to exempt the groundwater diverter from this section.
(e) Compliance with this section shall constitute a condition of all water right permits and
licenses that authorize the diversion of water from the Russian River stream system for
purposes of frost protection. The diversion of water in violation of this section, including the
failure to implement the corrective actions included in any corrective action plan developed by
the governing body, is an unreasonable method of diversion and use and a violation of Water
Code section 100, and shall be subject to enforcement by the board. The board has continuing
authority to revise terms and conditions of all permits and licenses that authorize the diversion
of water for purposes of frost protection should future conditions warrant.
Authority cited: Section 1058,Water Code.
Reference: Section 2, Article X, California Constitution; and Sections 100, 275 and 1051.5,
Water Code.
Article 2. Wasteful and Unreasonable Water Uses
§ 963. Wasteful and Unreasonable Water Use Practices.
The State Water Resources Control Board (State Board) has determined that it is a waste and
unreasonable use of water under Article X, section 2 of the California Constitution to divert or
use water inconsistent with subdivision (a) regardless of water right seniority, given the need for
the water to support other more critical uses.
(a) As used in this article:
(1) "Commercial agricultural use meeting the definition of Government Code section 51201,
subdivision (b)" includes irrigation, frost protection and heat control but does not include
cleaning, processing or other similar post-harvest activities.
<< meaRS s
(;34(2) "Urban water supplier" means a supplier that meets the definition set forth in Water Code
section 10617, except it does not refer to suppliers when they are functioning solely in
wholesale capacity, but does apply to suppliers when they are functioninq in a retail capacity.
oa ten+ber 3�1AEhere
s ed er t#e deliis bv the GalegdaTwar-RumbeT4r4
w4is44�"rc e-,� Yar ends-
(3) "Turf' has the same meaning as in Section 491.
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4 "Incidental runoff' means unintended amounts volume of runoff, such as unintended
minimal overspra from om sprinklers that escapes the area of intended use. Water leaving an
intended use area is not considered incidental if it is part of the facility or system design,_if it is
due to excessive application, if it is due to intentional overflow or application,_or if it is due to
negligence.
(b)(1) The use of water is prohibited as identified in this subdivision for arfy-af the following
actions:
A The application of water to outdoor landscapes in a manner that causes more than
incidental runoff such that water flows onto adjacent property, non-irrigated_areas,
private and public walkways, roadways, parking lots, or structures-,
(B)The use of a hose that dispenses water to wash a motor vehicle, except where the
hose is fitted with a shut-off nozzle or device attached to it that causes it to cease
dispensing water immediately when not in use-,
(C) The application of potable water directly to driveways and sidewalks;
(D) The use of potable water in an ornamental fountain or other decorative water feature,
except where: (D)(i) the water is part of a recirculating system or(D)(ii) the fountain is
registered on the National Register of Historic Places
(E)The application of water to irrigate turf and ornamental landscapes during and within
48 hours after measurable rainfall of at least one-teRth fourth of one inch of rain. In
determining whether measurable rainfall of at least tenth fourth of one inch of rain
occurred in a given area, enforcement may be based on records of the National Weather
Service, the closest CIMIS station to the parcel, or any other reliable_source of rainfall
data available to the entity undertaking enforcement of this subdivision;
F The serving of drinking water other than upon reguest in eating or drinking
establishments, including but not limited to restaurants, hotels, cafes, cafeterias,_bars, or
other public places where food or drink are served armor purchased, during a period for
which the Governor has issued a proclamation of a state of emergency under the
California Emergency Services Act (Chapter 7..(commenclng with Section 8550 of
Division 1 of Title 2 of the Government Code based on drought conditions and
,(G) As of January 1, 2025, the irrigation of turf on public street medians or publicly
owned or and maintained landscaped areas between the street and sidewalk, except
where:
(.i.) the turf serves a community or neighborhood function, including, but not
limited to, recreational uses and civic or community events;
(ii) the turf is irrigated incidentally by an irrigation system, the primaEY purpose of
which is the irrigation of trees; or
(iii) the turf is irrigated with recycled water through an irrigation system installed
prior to January 1, 2018-agd.
(2) Notwithstanding subdivision (b)(1), the use of water is not prohibited by this-article under the
following circumstances:
(A)To the extent necessary to address an rmme� health and safety need. This may
include but is not limited to street sweeping and pressure washing of Public sidewalks
and the use of potable water in a fountain or water feature when required by law to be
potable.
- --(B)--To-the extentnecessary-to-compiy-with-a-term-or-condition in-a-permit issued-by--a-
state or federal agency.
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C When the water is used exclusively for commercial agricultural use meeting the
definition of Government Code section 51201 Subdivision (b).
(c) To promote water___conservation, operators of hotels and motels shall provide guests with the
option of choosing not to have towels and linens laundered daily. The hotel or motel shall
Prominently display notice of this option in each questroom usinclear and easily understood
language.
(d)(1) To prevent the waste and unreasonable use of water and to promote water conservation,
any homeowners association community service
' � similar entity is prohibited
organization or s,; !,,,,.,,,,,,.,,.
from:
(A) Taking or threatening to take any action to enforce any provision of the governing
documents or architectural or landscaping uidelines or policies of a common interest
development where that provision is void or unenforceable under section 4735.
subdivisions (aland of the Civil Code;
(B) Imposing or threatening to impose a fine, assessment, or other monetarYpenally
against any owner of a separate interest for reducing or eliminating the watering of
vegetation or lawns during a declared drought emergency, as described in section 4735
subdivision (c) of the Civil Code; or
(C) Requiring an owner of a separate interest upon which water-efficient landscaping
,
measures have been installed in response to a declared drought emergency, as
described in section 4735 subdivisions c and d of the Civil Code to reverse or
remove the water-efficient landscaping measures upon the conclusion of the state of
emergency.
2 As used in this subdivision:
(A)"Architectural or landscaping -guidelines or policies" includes any formal or informal
rulesother than the governing documents of a common interest development.
(B)°Homeowners' association" means an "association" as defined in section 4080 of the
Civil Code.
(C)"Common interest development" has the same meaning as in section 4100 of the
Civil Code.
(D)"Community service organization or similar entity" has the same meaning as in
section 4110 of the Civil Code.
(E)"Governing documents" has the same meaning as in section 4150 of the Civil Code.
(F)"Separate.interest" has the same meaning as in section 4185 of the Civil Code.
If a disciplinary proceeding or other proceeding to,enforce a rule in violation of subdivision
(d)(1) is initiated,_each day the proceeding remains pending shall constitute a separate violation
of this regulation.
e To prevent the waste and unreasonable use of water and to promotewater conservation
any_city,_county, or city and county is prohibited from imposing a fine under any local
maintenance_ordinance or other relevant ordinance as„prohibited by
section 8627.7 of the Government Code.
The taking of any action 12rohibited in subdivision b d ore or the failure to take an
action required in subdivision (c), is an infraction punishable by fine of up to„five hundred
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Z-2017-1031-01
Water Conservation and the Prevention
Of Waste and Unreasonable Use
January 31, 2018
dollars 500 for each day in which the violation occurs. The fine for the infraction is in addition
to, and does not supersede or limit, any other remedies civil or criminal.
A decision or order issued under this article by the Board or an officer or em io ee of the
Board is subject to reconsideration under article 2 (commencing_with section 1122) of chapter 4
of part 1 of division 2 of the Water Code.
Authority: Section_ _1.058 Water Code.
References: Article X, Section 2, California Constitution:-Sections 4080,4100, 4110, 4150_ ,
4185 and 4735 Civil Code Sections 102 104 105 275 350 and 10617 Water Code Light v.
State Water Resources Control Board(2014) 226 Cal.Ap12.4th 1463.
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