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HomeMy WebLinkAbout2014-11-24 - Citizens Advisory Committee Meeting Agenda PacketYorba Linda Hater District AGENDA YORBA LINDA WATER DISTRICT CITIZENS ADVISORY COMMITTEE MEETING Monday, November 24, 2014, 8:30 AM 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. ROLL CALL COMMITTEE MEMBERS Daniel Mole, Chair Rick Buck, Vice Chair Lindon Baker Carl Boznanski Oscar Bugarini, Bill Guse Fred Hebein Joe Holdren Modesto Llanos Sr. Cheryl Spencer- Borden 3. PUBLIC COMMENTS Any individual wishing to address the committee is requested to identify themselves and state the matter on which they wish to comment. If the matter is on this agenda, the committee Chair will recognize the individual for their comment when the item is considered. No action will be taken on matters not listed on this agenda. Comments are limited to matters of public interest and matters within the jurisdiction of the Water District. Comments are limited to five minutes. 4. ACTION CALENDAR This portion of the agenda is for items where staff presentations and committee discussions are needed prior to formal committee action. 4.1. Appointment of Committee Chair and Vice -Chair for Calendar Year 2015 5. DISCUSSION ITEMS This portion of the agenda is for matters such as technical presentations, drafts of proposed policies, or similar items for which staff is seeking the advice and counsel of the Committee members. This portion of the agenda may also include items for information only. 5.1. Statewide Drought, Water Supply Report and Review of the District's Conservation Ordinance 5.2. President's Report 5.3. Future Agenda Items 6. ADJOURNMENT 6.1. The next Citizens Advisory Committee meeting is scheduled to be held Monday, December 15, 2014 at 8:30 a.m. Items Distributed to the Committee Less Than 72 Hours Prior to the Meeting Pursuant to Government Code section 54957.5, non - exempt public records that relate to open session agenda items and are distributed to a majority of the Committee less than seventy -two (72) hours prior to the meeting will be available for public inspection in the lobby of the District's business office located at 1717 E. Miraloma Avenue, Placentia, CA 92870, during regular business hours. When practical, these public records will also be made available on the District's internet website accessible at http: / /www.ylwd.com /. Accommodations for the Disabled Any person may make a request for a disability - related modification or accommodation needed for that person to be able to participate in the public meeting by telephoning the Executive Secretary at 714 - 701 -3020, or writing to Yorba Linda Water District, P.O. Box 309, Yorba Linda, CA 92885 -0309. Requests must specify the nature of the disability and the type of accommodation requested. A telephone number or other contact information should be included so the District staff may discuss appropriate arrangements. Persons requesting a disability - related accommodation should make the request with adequate time before the meeting for the District to provide the requested accommodation. Meeting Date: To: From: Presented By: Prepared By: Subject: SUMMARY: ITEM NO. 5.1 AGENDA REPORT November 24, 2014 Citizens Advisory Committee Marc Marcantonio, General Manager Damon Micalizzi, Public Information Manager Damon Micalizzi, Public Information Manager Statewide Drought, Water Supply Report and Review of the District's Conservation Ordinance In August, the YLWD Board of Directors adopted a Resolution entering Stage 1 of the District's Conservation Ordinance. Since that time, customers have reduced their water usage by roughly 10 %. However, due to persistent drought conditions, staff is reviewing the District's Conservation Ordinance to discuss when and if, elevating the Conservation Stage should be brought to the Board of Directors for consideration. ATTACHMENTS: Name: Water Supply Report- BB.pdf 341661 WaterConserve TriFold.pdf Met Ordinance Implementation 1 -22- 09 WITH RED BLUE COMMENTS (2).doc 341661 WaterConserve Envelope.pdf Description: Type: Water Supply Report Backup Material YLWD ORDINANCE Backup Material Metropolitan Ordinance Backup Material Envelope Snipe Sample Backup Material DF Memorandum DATE : November 13, 2014 TO: Member Agencies — MWDOC Division One FROM: Brett R. Barbre, Director — Division One SUBJECT: Monthly Water Usage Data, Tier 2 Projection & Water Supply Information The attached figures show the recent trend of water consumption in Orange County (OC), an estimate of Tier 2 volume for MWDOC, and selected water supply information. Fig. 1 OC Water Usage, Monthly by Supply Groundwater was the main supply in September. Fig. 2 OC Water Usage, Monthly, Comparison to Previous Years Water usage in August 2014 was average compared to the previous four Augusts. Fig. 3 Historical OC Water Consumption OC water consumption of about 622,000 AF in FY 2013 -14 was up about 3 -'/2 % from FY 2012 -13, but was still below the long -term average of about 630,000 AF /yr. Although OC population has increased 20% over the past two decades, water usage has not increased, on average. A long -term decrease in per- capita water usage is attributed mostly to Water Use Efficiency (water conservation) efforts. Fig. 4 MWDOC "Firm" Water Purchases, 2014 "Firm" water above the Tier 1 limit will be charged at the higher Tier 2 rate. Our current projection of Tier 2 purchases is zero in 2014. Water Supply Information Includes data on: Rainfall in OC; the OCWD Basin overdraft., Northern California and Colorado River Basin hydrologic data; the State Water Project (SWP) Allocation, and regional storage volumes. The data has implications for the magnitude of supplies from the three watersheds that are the principal sources of water for OC. Note that a hydrologic year is Oct. 1St through Sept. 30th. • Orange County's accumulated rainfall in October through was below average average for this period. This continues the impact of the previous two hydrologic years' below - normal rainfall in reducing those local supplies that are derived from local runoff. Northern California accumulated precipitation in October was around 106% of normal for this period. The Northern California snowpack was 23% of normal as of April 1St, the date used for year -to -year comparison. This follows two below- average hydrologic years. The Governor has declared a Drought Emergency, and the State Water Project Contractors Table A Allocation is only 5% as of the end of July. This percentage may be increased a little, but it is certain that there will be less State Project water deliveries to MET and the other Contractors than in previous years. Colorado River Basin accumulated precipitation in October was a little 56% average for this period. The Upper Colorado Basin snowpack was 111 % of average as of April 15t ', the date used for year -to -year comparison. However, this follows two below- average hydrologic years, and this watershed is in a long -term drought. Lake Mead and Lake Powell combined have about 60% of their average storage volume for this time of year. If Lake Mead's level falls below a "trigger' limit, then a shortage will be declared by the US Bureau of Reclamation (USBR), impacting Colorado River water deliveries for the Lower Basin states. The USBR predicts that the "trigger' limit could be reached as early as 2015. 80,000 70,000 w 60,000 w u 50,000 a 40,000 30,000 20,000 10,000 0 Fig. 1 OC Water Usage, Monthly by Supply with projection to end of fiscal year DRAFT - LO LO LO LO LO LO �-- L L Q (n O Z 0 li � Q Note: values shown include some estimation and are subject to change. ■ Import [1] ■ Other Local [2] ❑ OCWD Basin [3] ❑ projected [4] [1] Imported water for consumptive use. Includes "In- Lieu" deliveries and CUP water extraction. Excludes "Direct Replenishment" deliveries of spreading water, "Barrier Replenishment" deliveries, and deliveries into Irvine Lake. [2] Other local includes recycled water, local basin water, Irvine Lake water extraction, and Cal Domestic deliveries. Excludes recycled water used for Barrier recharge. Numbers are estimates until data collection is completed. [3] GW for consumptive use only. Excludes In -Lieu water deliveries and CUP water extraction that are counted with Import. BPP in FY'13 -14 is 70 %. [4] MWDOC's estimate of monthly demand is based on the projected FY 14 -15 "Retail" water demand and historical monthly demand patterns. 80,000 70,000 60,000 w 50,000 LU U_ 40,000 U Q 30,000 20,000 10,000 Fig. 2A OC Monthly Water Usage [1]: Comparison to Last 4 Fiscal Years DRAFT Z > U O Q U) 0 Z Notes Allocations were in effect in FY 09 -10 and FY 10 -11 partial year subtotals 700,000 600,000 500,000 F 400,000 W W LL w 300,000 U Q 200,000 100,000 0 [1] Sum of Imported water for consumptive use (includes "In- Lieu" deliveries; excludes "Direct Replenishment"and "Barrier Replenishment ") and Local water for consumptive use (includes recycled and non - potable water; excludes GWRS production, groundwater pumped to waste, and waste brine from water treatment projects.) Recent months numbers include some estimation. L L LL 2� Q ❑ FY 10 -11 ❑ FY 11 -12 ■ FY 12 -13 ❑ FY 13 -14 ❑ FY 14 -15 partial year subtotals 700,000 600,000 500,000 F 400,000 W W LL w 300,000 U Q 200,000 100,000 0 [1] Sum of Imported water for consumptive use (includes "In- Lieu" deliveries; excludes "Direct Replenishment"and "Barrier Replenishment ") and Local water for consumptive use (includes recycled and non - potable water; excludes GWRS production, groundwater pumped to waste, and waste brine from water treatment projects.) Recent months numbers include some estimation. DRAFT Fig. 213 Orange County Cumulative Monthly Consumptive Water Usage [1]: present year compared to last 4 calendar years 700,000 600,000 500,000 - CY 2010 CY 2011 F_ 400,000 w w 4 —0--CY 2012 w Q300,000 TCY 2013 —.*--CY 2014 200,000 100,000 MET Stage 2 Allocations began in July 2009 and ended in April 2011. This program imposed a temporary rate structure that resulted in reduced water demand in Fiscal Years 09 -10 and 10 -11. Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec [1] Sum of Imported water for consumptive use (includes "In- Lieu" deliveries; excludes "Direct Replenishment"and "Barrier Replenishment ") and Local water for consumptive use (includes recycled and non - potable water; excludes GWRS production and waste brine from water quality pumping projects). [1 ] Consumption includes potable, recycled and non - potable usage; excludes Barrier and Spreading water. The most recent data involve some estimation. [2] Population estimates in the 2000s decade were revised by the State Dept. of Finance to reflect the 2010 Census counts. Fig. 3 HISTORICAL WATER CONSUMPTION[1] AND POPULATION[2] IN OC oConsumptive Water Use Population 800,000 3.50 Strong Economy � ► 3.00 700,000 N 2.50 LL � �0 0 Dry Year Dry Year ->. y 600,000 We Year y 2.00 Z WWet Year O H Q Wet Year Wet Year M 500,000 Wet Year 1.50 a0 n 1.00 400,000 0.50 300,000 L+ 0.00 '89 90 91 '92 '93 '94 195 '96 '97 '98 99 00 01 '02 '03 '04 O5 '06 '07 '08 09 10 11 12 13 14 -90 -91 -92 -93 -94 -95 -96 -97 -98 -99 -00 -01 -02 -03 -04 -05 -06 -07 -08 -09 -10 -11 -12 -13 -14 -15 Fiscal Year [1 ] Consumption includes potable, recycled and non - potable usage; excludes Barrier and Spreading water. The most recent data involve some estimation. [2] Population estimates in the 2000s decade were revised by the State Dept. of Finance to reflect the 2010 Census counts. 30,000 25,000 20,000 Q 15,000 0 EURRE 5,000 Fig. 4 MWDOC's Firm Water Purchases in CY 2014 Monthly Actual and Projected to CY Total � Actual Monthly - Cumulative Actual - - - - -- Cumul Proi Low UKAI- 1 o Proj Normal - - - - -- Cumul Proj High Jan -14 Feb -14 Mar -14 Apr -14 May -14 Jun -14 Jul -14 Aug -14 Sep -14 Oct -14 Nov -14 Dec -14 1 � 250,000 200,000 1z Q m 0 H 150,000 E U , II Notes 1. "Firm" includes Full Service (both Treated and Untreated) and Barrier water. 2. Basin Pumping Percentage (BPP) is the percentage of a retail water agency's total water demand that they are limited to pump from the OCWD- managed groundwater basin. BPP pertains to Basin agencies only. For example, if a Basin agency's total demand is 10,000 AF /yr and OCWD sets the BPP at 72 %, then the agency is limited to 7,200 AF of groundwater that year. There may be certain exceptions and /or adjustments to that simple calculation. OCWD sets the BPP for the Basin agencies, usually as of July 1st. Import demands for Jan. -Jun. were with BPP of 70% for Basin agencies; for Jul. -Dec. they are projected with BPP of 72 %. printdate 11/4/2014 Accumulated Precipitation LD RAFT for the Oct. -Sep. water year, through October 2014 50 45 40 35 416 25 20 15 10 0% 5 0 ORANGE COUNTY (SANTA ANA) 106% N. SIERRAS & STATION INDEX as of 4/01* 23% NORTHERN CALIF SNOWPACK 56% UPPER BASIN COLORADO PRECIP. as of 4/15* 111% _W UPPER BASIN COLORADO SNOWPACK ■This Year to date ■Average to date M& Ad _& _ MUNICIPAL * The date of maximum snowpack accumulation (April 1st in Northern Calif. , April WATER DISTRICT O� 15th in the Upper Colorado Basin) is used for year to year comparison. - GRANGE COUNTY SWP Table A Allocation for State Water Project Contractors so% —so% Final 2011: 80% 70% /65% 65% Final 2012: 65% 60% 60% 60% 60% 60% >< 50% 50% 50% 50% 40% 40% 40%` 35% 35% 35% 35% 30 25% 5% 5% ` / 5% 5% 5% 0% 0% 0% 0% Nov. Dec. Jan. Feb. Mar. Apr. May Jun. Final 2013: 35% Final 2015: ? ?? Final 2014: 5% Jul. Aug. —Water Year 2011 — —Water Year 2012 — —Water Year 2013 — —Water Year 2014 — —Water Year 2015 MUMUIPAL VNATt--R DISTRICT GF ORANGE COLIN7Y OCWD Basin Accumulated Overdraft Annual, 1969 to present preliminary 394,000 AF end June 2014 Basin Accumulated Overdraft 290,000 AF 50,000 considered (dewatered volume) shown as white end June 100,000 full in 1969. area, excluding the volume stored by 2013 - Metropolitan. 150,000 +, 200,000 a a L 250,000 Q 300,000 350,000 400,000 450,000 volume filled with water 500,000 rn Qo r- m Ln r- M r- r- r- r- m Ln r- M m Ln rl- rn m 00 00 00 00 00 rn rn rn rn rn 0 0 Ln rl- M m 0 0 0 M M rl ri M M M rn rl ri rl ri rn rn rn rn rn rn rn rn M M 0 0 rl ri rl ri rl ri rl ri rl ri N N 0 0 0 0 0 N N N N N MLRUICFGAL values as of June 30th WAY MISTPC]I CT OF ORAMOE COUPiTY source: OCWD preliminary 394,000 AF end June 2014 California, Colorado R., and MET Reservoir Storage as of end of October 2014 Lake Mead Lake Powell Lake Shasta 1.109 Million AF 24% of Capacity 41% of Average Lake Oroville 0.94 Million AF 27% of Capacity 44% of Average k San Luis Resv. 0.39 Million AF 19% of Capacity 36% of Average Lake Shasta 4.5 4.0 3.5 LL 3.0 2.5 a" 0 2.0 = 1s 1.0 0.5 0.0 Lake Powell 12.3 Million AF 51% of Capacity 69% of Average Lake Mead 10.2 Million AF 40% of Capacity 53% of Average C.I- e RiverJn -/`� pquadu� V Diamond Valley Lake 0.39 Million AF 49% of Capacity Lake Oroville 4.0 3.5 y 3.0 d 2.5 Q 2.0 0 1.5 1.0 0.5 0.0 Colorado River Basin 55'e YIYO.FNG `_. OOLGRADO _ .N �. - - NENILO San Luis Resv. 2.5 d LL 2.0 1.5 a" 0 = os 0.0 zf Diamond Valley Lake d LL d a 0 1.0 0.5 0.0 d LL a 25.0 20.0 15.0 10.0 5.0 0.0 25.0 - 20.0 d LL a 15.0 - 10.0 - 5.0 - 0.0 1170 1160 1150 1140 1130 i 1120 C + 1110 .1 �+ 1100 W 1090 1080 1070 1060 1050 Lake Mead Levels: Historical and Projected projection per USBR 24 -Month Study ■ Historical Projected Ln Ln Ln l0 l0 l0 n n n w w w m m m O O O i--I i--I r-I N N N M M M Ln Ln Ln l0 l0 L L ; L L L L L ; L L L L L z z z z z z z z z z z z CURRENT RESERVOIR CONDITIONS 4552 4444 3538 3444 8444 2446 2444 2444 2444 1444 1444 1444 0 4 4 Trinity Lake Shasta Reservoir 23%135% 24%140% 2424 2444 1044 0 imeW ivieiunes 21%137% 2438 1444 0 San Luis Reservoir 20%136% 520 4 Millerton Lake 34%1 171 0 Graph Updated 11/13/2014 08:15 AM Farce vroviiie 26%143% ryramia Farce 93% 1105% Ending At Midnight - November 12, 2014 s�o J roisom Farce 30%160% LEGEND Capacity (TAF) Historical Average of Capacity I % of Historical Average 2434 1000 0 Don Pedro Reservoir 1020 37%158% pkal, Exchequer Reservoir 8% 119% il jok. 325 0 � uasiaiG Farce 30% 139% 1440 r Pine Flat Reservoir 12% 133% ' { ' Reservoir Water Storage in Southern California` w .T �, Report Date: 11/13/2014 - 12:00 AM ' ,!•- rte' ,�. i � �� '�" '�� { M1 � r '" r Castaic Lake -DWR Reservoir Reservoir Information: http: / /cdec. water .ca.gov /cgi - progs /staMeta ?stF' 4 LN 4.f. .. Yx.. 101 A. J. .Y } fr. �r r Silverwood Lake - DWR Reservoir Reservoir Information: http: / /cdec. water. ca. gov / cgi - progs /staMeta ?station _ id =SLW kL1' Lake Perris -DWR Reservoir Reservoir Information:httpHcdec.water.c a.gov/cgi-progs/staMeta?station_id=PRR Lake Mathews Total Capacity = 182,000 ` Current Storage = 47,440 26% Full "' # P Legend i M1y Freeway o z a a 12 16 Reservoir Miles Capacity and Storage values are in Acre-feet (NIA = Data Not Available) , #i Lake Skinner . F 1�£A, Q MWD Total Capacity =44,00 =F Metropolitan Water District of Southern California „ „ °, °, °,m ° „ ° °. „ °. ° Current Storage = 28,732 g 65% Full GIS Services m,s, ° ° °. oMas"I”, aria , Diamond Valley Lake Total Capacity = 810,000 Current Storage = 393,871 49% Full 0 What's GOING on? In response to the Governor's statewide drought declaration, Yorba Linda Water District has a water conservation ordinance. The purpose of the ordinance is to prevent the waste of District water and to protect the health and safety of water users within the Yorba Linda Water District. The ordinance outlines permanent, year -round water conservation measures and prohibitions against water waste, as well as a four part contingency plan which can be implemented in stages upon the declaration of water shortages. Violations of any provisions of the ordinance that are observed by members of the District staff will result in penalties that will begin with a warning and follow with fines for subsequent violations. Adhering to the terms of the ordinance will not only allow you to avoid fines, but you will be doing your part to help us avoid extreme restrictions in a water shortage that affects us all. 4 For more conservation info: www.H2Oconserve.org Information on water use efficiency and rebate: www.BeWaterWise.com Water saving opportunities in your home: www.H2Ouse.org Important phone numbers: Customer Service: (714) 701 -3000 Emergency: (714) 701 -3000 For more information about the ordinance, please contact: Phone: (714) 701 -3024 Email: info @ylwd.com If you would like to report a possible violation, please contact: Phone: (714) 701 -3029 Email: info @ylwd.com Violations of any provisions of the ordinance that are observed by members of the District staff can result in fines that will be collected on the water bill. This brochure is a summary of the residential elements in the ordinance. To read the full text of the ordinance, please visit the Yorba Linda Water District website at www.ylwd.com Yorba Linda Water District WATER Mbtl l %k LET'S GETS SMART. ATER Thank you for helping to conserve water! Printed on recycled paper Have questions about the ordinance? Phone: (714) 701 -3000 Email: info @ylwd.com Permanent, year -round water conservation measures ana prohibitions against water waste Watering of Lawns and Plants • Watering is prohibited between the hours of 9:00 a.m. and 6:00 p.m. on any day except for the express purpose of adjusting or repairing an irrigation system* • Watering is limited to 15 minutes per station per day* • Watering or irrigating of lawn, landscape or other vegetated area is prohibited when it is currently raining or there is a forecasted chance of rain of 50 percent or higher Other Restrictions • No excessive water flow or runoff that causes or allows water to flow onto an adjoining sidewalk, driveway, street, alley, gutter or ditch • No washing down hard or paved surfaces except when necessary to alleviate safety or sanitary hazards • No excessive use, loss or escape of water through breaks, leaks or other malfunctions in the water user's plumbing or distribution system • Re- circulating water required for water fountains and decorative water features • Washing vehicles limited to use of a hand -held bucket or similar container and /or a hand -held hose equipped with an automatic shut -off water nozzle or device The following X71 lortage Stages may be de- clared to respond to local or regional water shortage conditions and emergencies. STAGE 1 • Watering: 3 days /week. Odd numbered addresses can irrigate M -W -F, and even numbered addresses on T -TH -SAT. No irrigation on Sundays.* STAGE 2 • Apr. -Oct.: watering limited to 3 days /week. Odd numbered addresses can irrigate M -W -F, and even numbered addresses on T -TH -SAT. Nov. -Mar.: watering limited to 2 days /week. Odd numbered addresses - MON and FRI, and even numbered addresses - TUES and SAT. No irrigation on Sundays. STAGE 3 • Apr. -Oct.: watering limited to 2 days /week (MON and FRI, or TUES and SAT). Nov. -Mar.: watering limited to 1 day /week, in which odd numbered addresses are permitted to irrigate on Monday only and even numbered addresses are permitted to irrigate Saturday only* • Re- filling of more than one -foot, and initial filling of residential swimming pools or outdoor spas is prohibited STAGE 4 • No watering or irrigating of lawn, landscape or other vegetated area with potable water. (For exceptions to this restriction, see full text of ordinance) • Leaks must be corrected in no more than 1 day of receiving notice from the District • Upon declaration of a Stage 4 Water Supply Shortage Emergency, no new water service will be provided except to protect the public health, safety, and welfare * Landscape irrigation systems that exclusively use very low -flow drip irrigation where no emitter produces more than 2 gallons of water per hour, and weather based controllers or stream rotor sprinklers that meet a 70% efficiency standard are exempt from these restrictions. water conservation stages STAGE 1 Minimum water shortage reduce usage by 10% STAGE 2 Moderate water shortage reduce usage by 10 % -20% STAGE 3 Severe water shortage reduce usage 20 % -35% STAGE 4 Critical water shortage reduce usage more than 35% Violations Violations of any ordinance items must be personally observed by members of the District staff. The fines for such violations will be collected on the water bill. Failure to pay a fine amount will be treated as nonpayment of the water bill and water service may be terminated as a result. Protests for violations are allowable per Section 8 of the ordinance. The fines for such violations are as follows: • 1st Violation - YLWD will hand deliver a door hanger to the location of the violation and mail a notice to the current billing address • 2nd Violation - A 2nd violation within 12 calendar months of the 1 st violation is punishable by a penalty of $100 • 3rd Violation - A 3rd violation within 12 calendar months of the 1 st or 2nd violation is punishable by a penalty of $250 • 4th and Subsequent Violations - A 4th and any subsequent violation within 12 calendar months of the 1 st or any subsequent violation is punishable by a fine of $500 • In addition to any fines, the District may install a water flow restrictor device • In addition to any fines and the installation of a water flow restrictor, the District may disconnect a customer's water service for willful violations of mandatory restrictions Hardship Variance If, due to unique circumstances, a specific requirement of the ordinance would result in undue hardship, a customer may apply for a variance, according to section 6 of the ordinance, at www.ylwd.com or the District Offices. Metropolitan Water District of Southern California Model Water Conservation Ordinance 1/22/09 — Version 2 1/22/09 — Version 2 Table of Contents Introduction Model Water Waste Ordinance Section I: Title Section II. Findings Section III. Declaration of Purpose and Intent Section IV. Definitions Section V. Application Section VI. Permanent Water Conservation Requirements Section VII. Level 1 Water Supply Shortage Section VIII. Level 2 Water Supply Shortage Section IX. Level 3 Water Supply Shortage Emergency Section X. Procedures for Determination and Notification Section XI. Hardship Waiver Section XII. Penalties and Violations Section XIII. Severability Other Measures Available for Consideration Appendix Water Conservation Summary Table 1/22/09 — Version 2 1/22/09 — Version 2 3 4 4 4 5 5 6 7 8 9 10 10 12 13 14 16 2 1/22/09 — Version 2 Introduction The Metropolitan Water District of Southern California (Metropolitan) developed this model conservation ordinance as a tool to help local jurisdictions to adopt and enforce local water conservation ordinances in hopes of increasing water efficiency. The model ordinance is a tool that can be adapted or revised by member agencies and local governments to improve water use efficiency within their jurisdictions. The model water conservation ordinance form and structure is consistent with many existing water conservation ordinances adopted by local agencies throughout southern California and includes many similar provisions. It also contains provisions that have been previously recommended in the California Urban Water Conservation Council's Best Management Practices and the Department of Water Resource's Urban Drought Guidebook. This model ordinance is written for the benefit of cities, counties and water districts and contains italicized comments throughout the ordinance that identify the provisions that may be specific to these different types of entities. As a result, it can be readily adapted to apply to different types of entities, including a city or county with a municipally owned water service, a city or county that is not a water provider, or a public water district. The model water conservation ordinance includes permanent water -waste prohibitions, escalating water restrictions to be implemented over three water - supply shortage conditions, penalties and violations, and other general provisions for consideration. The permanent water -waste restrictions include primarily behavioral measures such as limiting irrigation times, prohibiting the washing of paved surfaces, and controlling excessive runoff. A number of cities, counties, and water districts within Metropolitan's service area have already adopted many of these permanent restrictions. The model's escalating water restriction levels mirror Metropolitan's Water Supply Alert resolution and progress from permanent baseline restrictions to mandatory reductions during a water supply allocation. The model ordinance purposely does not contain specific triggers for determining water supply levels, such as a certain percentage of required water reduction or certain amount of reduction in supply. The number of escalating water restriction levels and the actual triggers for determining particular water supply conditions is left to the discretion of the adopting entity. The model ordinance contains penalty provisions that allow for criminal, civil, and administrative enforcement, and include such penalties as monetary fines, water flow - restrictions, and termination of service. Other methods of enforcement could include water conservation rate - structures. The model ordinance also contains other provisions for adopting entities' consideration, including requirements to utilize recycled water, development of water conservation plans, water -waste hotlines, limits on new building permits, and implementation of water allocations. In essence, the model water conservation ordinance provides a menu of options for member agencies and local governments to better control local water use and address the current water supply conditions within their jurisdictions. Adopting entities will need the input and guidance of their governing bodies and legal counsel when considering how to adapt or revise the model ordinance to address their particular conditions. 3 1/22/09 — Version 2 1/22/09 — Version 2 ORDINANCE NO. AN ORDINANCE OF [GOVERNING BODY OF JURISDICTIONAL ENTITY] ESTABLISHING A WATER CONSERVATION AND WATER SUPPLY SHORTAGE PROGRAM AND REGULATIONS Section L• Title. This chapter will be known as the [INSERT ENTITY] Water Conservation and Water Supply Shortage Program. Section IL Findings. a. A reliable minimum supply of potable water is essential to the public health, safety and welfare of the people and economy of the southern California region. b. Southern California is a semi -arid region and is largely dependent upon imported water supplies. A growing population, climate change, environmental concerns, and other factors in other parts of the State and western United States, make the region highly susceptible to water supply reliability issues. Careful water management that includes active water conservation measures not only in times of drought, but at all times, is essential to ensure a reliable minimum supply of water to meet current and future water supply needs. d. Article X, Section 2 of the California Constitution declares that the general welfare requires that water resources be put to beneficial use, waste or unreasonable use or unreasonable method of use of water be prevented, and conservation of water be fully exercised with a view to the reasonable and beneficial use thereof. Article XI, Section 7 of the California Constitution declares that a city or county may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws. [Not applicable to water districts] f California Water Code section 375 authorizes water suppliers to adopt and enforce a comprehensive water conservation program to reduce water consumption and conserve supplies. [Not applicable to city /county that is not a water provider] g. The adoption and enforcement of a water conservation and supply shortage program is necessary to manage the [ENIITY]'s potable water supply in the short and long -term and to avoid or minimize the effects of drought and shortage within the [ENTITY]. Such program is essential to ensure a reliable and sustainable minimum supply of water for the public health, safety and welfare. Section IH. Declaration of Purpose and Intent. a. The purpose of this chapter is to establish a water conservation and supply shortage program that will reduce water consumption within the [ENTITY] through conservation, enable effective water supply planning, assure reasonable and beneficial use of water, prevent waste of water, and 4 1/22/09 — Version 2 1/22/09 — Version 2 maximize the efficient use of water within the [ENTITY] to avoid and minimize the effect and hardship of water shortage to the greatest extent possible. b. This chapter establishes permanent water conservation standards intended to alter behavior related to water use efficiency at all times and further establishes three levels of water supply shortage response actions to be implemented during times of declared water shortage or declared water shortage emergency, with increasing restrictions on water use in response to worsening drought or emergency conditions and decreasing supplies. Section IV. Definitions. a. The following words and phrases whenever used in this chapter have the meaning defined in this section: "Person" means any natural person or persons, corporation, public or private entity, governmental agency or institution, including all agencies and departments of [ENTITY], or any other user of water provided by the [ENTITY]. 2. "Landscape irrigation system" means an irrigation system with pipes, hoses, spray heads, or sprinkling devices that are operated by hand or through an automated system. "Large landscape areas" means a lawn, landscape, or other vegetated area, or combination thereof, equal to more than one (1) acre of irrigable land. 4. "Single pass cooling systems" means equipment where water is circulated only once to cool equipment before being disposed. "Potable water" means water which is suitable for drinking. "Recycled water" means the reclamation and reuse of non - potable water for beneficial use as defined in Title 22 of the California Code of Regulations. "Billing unit" means the unit of water used to apply water rates for purposes of calculating water charges for a persons water usage and equals [To be determined by ENTITY]. [Not applicable to city/ county that is not water provider] Section V. Application a. The provisions of this chapter apply to any person in the use of any potable water provided by the [ENTITY]. b. The provisions of this chapter do not apply to uses of water necessary to protect public health and safety or for essential government services, such as police, fire and other similar emergency services. The provisions of this chapter do not apply to the use of recycled water, with the exception of Section VI(a). 1/22/09 — Version 2 1/22/09 — Version 2 d. The provisions of this chapter do not apply to the use of water by commercial nurseries and commercial growers to sustain plants, trees, shrubs, crops or other vegetation intended for commercial sale. This chapter is intended solely to further the conservation of water. It is not intended to implement any provision of federal, State, or local statutes, ordinances, or regulations relating to protection of water quality or control of drainage or runoff. Refer to the local jurisdiction or Regional Water Quality Control Board for information on any stormwater ordinances and stormwater management plans. Section VI: Permanent Water Conservation Requirements — Prohibition Against Waste The following water conservation requirements are effective at all times and are permanent. Violations of this section will be considered waste and an unreasonable use of water. [Items in RED are Metropolitan Ordinance requirements] a. Limits on Watering Hours: Watering or irrigating of lawn, landscape or other vegetated a. area with potable water is prohibited between the hours of 9:00 a.m. and 5:00 p.m. [Times and /or to be determined by ENTITY] Pacific Standard Time on any day, except by use of a hand - b. satisfy water shut -off nozzle or device, or for very short periods of time for the express purpose of the MET adjusting or repairing an irrigation system. reqs. b. Limit on Watering Duration: Watering or irrigating of lawn, landscape or other vegetated area with potable water using a landscape irrigation system or a watering device that is not continuously attended is limited to no more than fifteen (15) minutes watering per day per station. This subsection does not apply to landscape irrigation systems that exclusively use very low -flow drip type irrigation systems when no emitter produces more than two (2) gallons of water per hour and weather based controllers or stream rotor sprinklers that meet a 70% efficiency standard. C. No Excessive Water Flow or Runoff: Watering or irrigating of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited. d. No Washing Down Hard or Paved Surfaces: Washing down hard or paved surfaces, including but not limited to sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys, is prohibited except when necessary to alleviate safety or sanitary hazards, and then only by use of a hand -held bucket or similar container, a hand -held hose equipped with a positive self - closing water shut -off device, a low- volume, high - pressure cleaning machine equipped to recycle any water used, or a low- volume high - pressure water broom. e. Obligation to Fix Leaks, Breaks or Malfunctions: Excessive use, loss or escape of water through breaks, leaks or other malfunctions in the water user's plumbing or distribution system for any period of time after such escape of water should have reasonably been discovered and corrected and in no event more than seven (7) days [Time to be determined by ENTITY] of receiving notice from the [ENTITY], is prohibited. [Items in BLUE are required for BMP 13: Water Waste Prevention compliance] f. Re- circulating Water Required for Water Fountains and Decorative Water Features: Operating a water fountain or other decorative water feature that does not use re- circulated water is prohibited. 6 1/22/09 — Version 2 1/22/09 — Version 2 g. Limits on Washing Vehicles: Using water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not is prohibited, except by use of a hand -held bucket or similar container or a hand -held hose equipped with a positive self - closing water shut -off nozzle or device. This subsection does not apply to any commercial car washing facility. h. Drinking Water Served Upon Request Only: Eating or drinking establishments, including but not limited to a restaurant, hotel, cafe, cafeteria, bar, or other public place where food or drinks are sold, served, or offered for sale, are prohibited from providing drinking water to any person unless expressly requested. Commercial Lodging Establishments Must Provide Guests Option to Decline Daily Linen Services: Hotels, motels and other commercial lodging establishments must provide customers the option of not having towels and linen laundered daily. Commercial lodging establishments must prominently display notice of this option in each bathroom using clear and easily understood language. j. No Installation of Single Pass Cooling Systems: Installation of single pass cooling systems is prohibited in buildings requesting new water service. k. No Installation of Non -re- circulating in Commercial Car Wash and Laundry Systems: Installation of non -re- circulating water systems is prohibited in new commercial conveyor car wash and new commercial laundry systems. Restaurants Required to Use Water Conserving Dish Wash Spray Valves: Food preparation establishments, such as restaurants or cafes, are prohibited from using non -water conserving dish wash spray valves. m. Commercial Car Wash Systems: Effective on January 1, _ [To be determined by EN11141, all new commercial conveyor car wash systems must have installed operational re- circulating water systems, or must have secured a waiver of this requirement from the [EN11TY] . Section VII: Level 1 Water Supply Shortage a. A Level 1 Water Supply Shortage exists when the [EN17TY] determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. Upon the declaration by the [ENTITY] of a Level 1 Water Supply Shortage condition, the [ENTITY] will implement the mandatory Level 1 conservation measures identified in this section. b. Additional Water Conservation Measures: hl addition to the prohibited uses of water identified in Section VI, the following water conservation requirements apply during a declared Level 1 Water Supply Shortage: Limits on Watering Days: Watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to three days per week on a schedule established and posted by the [ENTITY]. During the months of November through March, watering or 7 1/22/09 — Version 2 1/22/09 — Version 2 irrigating of lawn, landscape or other vegetated area with potable water is limited to no more than one day per week on a schedule established and posted by the [ENTITY]. This provision does not apply to landscape irrigation zones that exclusively use very low flow drip type irrigation systems when no emitter produces more than two (2) gallons of water per hour. This provision also does not apply to watering or irrigating by use of a hand -held bucket or similar container, a hand -held hose equipped with a positive self - closing water shut -off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. 2. Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired within seventy -two (72) hours of notification by the [ENTITY] unless other arrangements are made with the [ENTITY] . Section VIII. Level 2 Water Supply Shortage a. A Level 2 Water Supply Shortage exists when the [ENTITY] determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. Upon the declaration by the [ENTITY] of a Level 2 Water Supply Shortage condition, the [ENTITY] will implement the mandatory Level 2 conservation measures identified in this section. b. Additional Conservation Measures: In addition to the prohibited uses of water identified in Section VI and VII, the following additional water conservation requirements apply during a declared Level 2 Water Supply Shortage: Watering Days: Watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to two days per week on a schedule established and posted by the [ENTITY]. During the months of November through March, watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to no more than one day per week on a schedule established and posted by the [ENTITY]. This provision does not apply to landscape irrigation zones that exclusively use very low flow drip type irrigation systems when no emitter produces more than two (2) gallons of water per hour. This provision also does not apply to watering or irrigating by use of a hand -held bucket or similar container, a hand -held hose equipped with a positive self - closing water shut -off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. 2. Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired within forty -eight (48) hours of notification by the [ENTITY] unless other arrangements are made with the [ENTITY] . Limits on Filling Ornamental Lakes or Ponds: Filling or re- filling ornamental lakes or ponds is prohibited, except to the extent needed to sustain aquatic life, provided that such animals are of significant value and have been actively managed within the water feature prior to declaration of a supply shortage level under this ordinance. 4. Limits on Washing Vehicles: Using water to wash or clean a vehicle, including but not limited to, any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized 1/22/09 — Version 2 1/22/09 — Version 2 or not, is prohibited except by use of a hand -held bucket or similar container, a hand -held hose equipped with a positive self - closing water shut -off nozzle or device, by high pressure /low volume wash systems, or at a commercial car washing facility that utilizes a re- circulating water system to capture or reuse water. Limits on Filling Residential Swimming Pools & Spas: Re- filling of more than one foot and initial filling of residential swimming pools or outdoor spas with potable water is prohibited. Section IX. Level 3 Water Supply Shortage — Emergency Condition a. A Level 3 Water Supply Shortage condition is also referred to as an "Emergency" condition. A Level 3 condition exists when the [ENTITY] declares a water shortage emergency and notifies its residents and businesses that a significant reduction in consumer demand is necessary to maintain sufficient water supplies for public health and safety. Upon the declaration of a Level 3 Water Supply Shortage condition, the [ENTITY] will implement the mandatory Level 3 conservation measures identified in this section. b. Additional Conservation Measures: In addition to the prohibited uses of water identified in Section VI, VII, and VIII, the following water conservation requirements apply during a declared Level 3 Water Supply Shortage Emergency: No Watering or Irrigating: Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited. This restriction does not apply to the following categories of use, unless the [ENTITY] has determined that recycled water is available and may be applied to the use: Maintenance of vegetation, including trees and shrubs, that are watered using a hand -held bucket or similar container, hand -held hose equipped with a positive self — closing water shut -off nozzle or device; ii. Maintenance of existing landscape necessary for fire protection; iii. Maintenance of existing landscape for soil erosion control; iv. Maintenance of plant materials identified to be rare or essential to the well -being of protected species; V. Maintenance of landscape within active public parks and playing fields, day care centers, golf course greens, and school grounds, provided that such irrigation does not exceed two (2) days per week according to the schedule established in Section VIII(b)(1) and time restrictions in Section VI(a) and (b)(1); vi. Actively irrigated environmental mitigation projects. 2. Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired within twenty four (24) hours of notification by the [ENTITY] unless other arrangements are made with the [ENTITY] . a. No New Potable Water Service: Upon declaration of a Level 3 Water Supply 9 1/22/09 — Version 2 1/22/09 — Version 2 Shortage Emergency condition, no new potable water service will be provided, no new temporary meters or permanent meters will be provided, and no statements of immediate ability to serve or provide potable water service (such as, will -serve letters, certificates, or letters of availability) will be issued, except under the following circumstances: 1. A valid, unexpired building permit has been issued for the project; or 2. The project is necessary to protect the public health, safety, and welfare; or The applicant provides substantial evidence of an enforceable commitment that water demands for the project will be offset prior to the provision of a new water meter(s) to the satisfaction of the [ENTITY]. This provision does not preclude the resetting or turn -on of meters to provide continuation of water service or the restoration of service that has been interrupted for a period of one year or less. [Not applicable to city /county that is not a water provider] or b. Limits on Building Permits: The [ENTITY] will limit or withhold the issuance of building permits which require new or expanded water service, except to protect the public health, safety and welfare, or in cases which meet the [ENTITY]'s adopted conservation offset requirements. [Not applicable to water districts] 4. Discontinue Service: The [ENTITY], in its sole discretion, may discontinue service to consumers who willfully violate provisions of this section. [Not applicable to city / county that is not a water provider] No New Annexations: Upon the declaration of a Level 3 Water Supply Shortage condition, the [ENTITY] will suspend consideration of annexations to its service area. This subsection does not apply to boundary corrections and annexations that will not result in any increased use of water. Section X. Procedures for Determination / Notification of Water Supply Shortage a. Declaration and Notification of Water Supply Shortage: The existence of Level 1, Level 2 or Level 3 Water Supply Shortage conditions may be declared by resolution of the [ENTITY] adopted at a regular or special public meeting held in accordance with State law. The mandatory conservation requirements applicable to Level 1, Level 2 or Level 3 conditions will take effect on the tenth day after the date the shortage level is declared. Within five (5) days following the declaration of the shortage level, the [ENTITY] must publish a copy of the resolution in a newspaper used for publication of official notices. If the [ENTITY] activates a water allocation process, it must provide notice of the activation by including it in the regular billing statement or by any other mailing to the address to which the [ENTITY] customarily mails the billing statement for fees or charges for on -going water service. A water allocation will be effective on the fifth day following the date of mailing or at such later date as specified in the notice. Section XL Hardship Waiver 10 1/22/09 — Version 2 1/22/09 — Version 2 a. Undue and Disproportionate Hardship: If, due to unique circumstances, a specific requirement of this chapter would result in undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water users, then the person may apply for a waiver to the requirements as provided in this section. b. Written Finding: The waiver may be granted or conditionally granted only upon a written finding of the existence of facts demonstrating an undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water use due to specific and unique circumstances of the user or the user's property. Application: Application for a waiver must be on a form prescribed by the [ENTITY] and accompanied by a non - refundable processing fee in an amount set by [GOVERNING BODY OF ENTITY] resolution. 2. Supporting Documentation: The application must be accompanied by photographs, maps, drawings, and other information, including a written statement of the applicant. Required Findings for Waiver: An application for a waiver will be denied unless the [Title of approving authority] finds, based on the information provided in the application, supporting documents, or such additional information as may be requested, and on water use information for the property as shown by the records of the [ENTITY] or its Agent, all of the following: That the waiver does not constitute a grant of special privilege inconsistent with the limitations upon other residents and businesses; ii. That because of special circumstances applicable to the property or its use, the strict application of this chapter would have a disproportionate impact on the property or use that exceeds the impacts to residents and businesses generally; iii. That the authorizing of such waiver will not be of substantial detriment to adjacent properties, and will not materially affect the ability of the [ENTITY] to effectuate the purpose of this chapter and will not be detrimental to the public interest; and iv. That the condition or situation of the subject property or the intended use of the property for which the waiver is sought is not common, recurrent or general in nature. 4. Approval Authority: The [APPROPRIATE ENTITY MANAGER] must act upon any completed application no later than ten (10) days after submittal and may approve, conditionally approve, or deny the waiver. The applicant requesting the waiver must be promptly notified in writing of any action taken. Unless specified otherwise at the time a waiver is approved, the waiver will apply too the subject property during the period of the mandatory water supply shortage condition. The decision of the [APPROPRIATE ENTITY MANAGER] will be final. 11 1/22/09 — Version 2 1/22/09 — Version 2 Section X11. Penalties and Violations [Metropolitan requires Penalty and Enforcement Provisions. The following are some examples of possible penalties. Please Note: monetary penalties are not required.] a. Misdemeanor: Any violation of this chapter may be prosecuted as a misdemeanor punishable by imprisonment in the county jail for not more than thirty (30) days, or by a fine not exceeding one thousand dollars ($1,000), or by both. b. Penalties: Penalties for failure to comply with any provisions of the ordinance are as follows: First Violation: The [ENTITY] will issue a written warning and deliver a copy of this ordinance by mail. 2. Second Violation: A second violation within the preceding twelve (12) calendar months is punishable by a fine not to exceed one hundred dollars ($100). Third Violation: A third violation within the preceding twelve (12) calendar months is punishable by a fine not to exceed two hundred and fifty ($250). 4. Fourth and Subsequent Violations: A fourth and any subsequent violation is punishable by a fine not to exceed five hundred ($500). Water Flow Restrictor: In addition to any fines, the [ENTITY] may install a water flow restrictor device of approximately one gallon per minute capacity for services up to one and one -half inch size and comparatively sized restrictors for larger services after written notice of intent to install a flow restrictor for a minimum of forty eight (48) hours. [Not applicable to city / county that is not a water provider] Discontinuing Service: In addition to any fines and the installation of a water flow restrictor, the [ENTITY] may disconnect a customer's water service for willful violations of mandatory restrictions in this chapter. [Not applicable to city / county that is not a water provider] Cost of Flow Restrictor and Disconnecting Service: A person or entity that violates this ordinance is responsible for payment of the [ENTITY]'s charges for installing and/or removing any flow restricting device and for disconnecting and /or reconnecting service per the [ENIITY]'s schedule of charges then in effect. The charge for installing and /or removing any flow restricting device must be paid to the [ENTITY] before the device is removed. Nonpayment will be subject to the same remedies as nonpayment of basic water rates. [Not applicable to city / county that is not a water provider] d. Separate Offenses: Each day that a violation of this ordinance occurs is a separate offense. Notice and Hearing: The [ENTITY] will issue a Notice of Violation by mail or personal delivery at least ten (10) days before taking enforcement action. Such notice must describe the violation and 12 1/22/09 — Version 2 1/22/09 — Version 2 the date by which corrective action must be taken. A customer may appeal the Notice of Violation by filing a written notice of appeal with the [ENTITY] no later than the close of business on the day before the date scheduled for enforcement action. Any Notice of Violation not timely appealed will be final. Upon receipt of a timely appeal, a hearing on the appeal will be scheduled, and the [ENTITY] will mail written notice of the hearing date to the customer at least ten (10) days before the date of the hearing. 2. Pending receipt of a written appeal or pending a hearing pursuant to an appeal, the [ENTITY] may take appropriate steps to prevent the unauthorized use of water as appropriate to the nature and extent of the violations and the current declared water Level condition. Section XIII. Severability If any section, subsection, sentence, clause or phrase in this chapter is for any reason held invalid, the validity of the remainder of the chapter will not be affected. The [GOVERNING BODY OF ENTITY] hereby declares it would have passed this chapter and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases or is declared invalid. Other Measures Available for Consideration a. Water Allocations and Mandatory Reductions Water Allocations / Water Budget: The [ENTITY] will activate a water allocation process using a method that does not in effect penalize persons for prior implementation of conservation methods or installation of water- saving devices. The [ENTITY] must provide notice of activation of the allocation process by including it in the regular billing statement for the fee or charge or by any other mailing to the address to which the [ENTITY] customarily mails the billing statement for fees or charges for on -going water service. Following the effective date of the water allocation, any person using water in excess of the allocation will be subject to a penalty in the amount of $_ for each billing unit of water in excess of the allocation. The penalty for excess water usage will be cumulative to any other remedy or penalty that may be imposed for violation of this ordinance. [Not applicable to city / county that is not a water provider]. [Appropriate in Level 1, 2 or 3] or 2. Mandatory Percentage Use Reductions: During a Level _ [To be determined by ENTITY] Water Supply Shortage condition, all customers will be required to reduce water consumption by a percentage determined by the [ENTITY]. [Not applicable to city / county that is not a water provider]. [Appropriate in Level 1, 2 or 3] b. Large Landscape Areas — Rain Sensors: Large landscape areas, such as parks, cemeteries, golf courses, school grounds, and playing fields, that use landscape irrigation systems to water or irrigate, must use landscape irrigation systems with rain sensors that automatically shut off such 13 1/22/09 — Version 2 1/22/09 — Version 2 systems during periods of rain or irrigation timers which automatically use information such as evapotranspiration sensors to set an efficient water use schedule. Construction Purposes: Recycled or non - potable water must be used for construction purposes when available. d. Water Recycling Required if Available: The use of potable water, other than recycled water, is prohibited for specified uses after the [ENTITY] has provided to the user an analysis showing that recycled water is available, a cost - effective alternative to potable water for such uses and the user has had a reasonable time, as determined by the [ENTITY], to make the conversion to recycled water. [Not applicable to city /county that is not a water provider] Water Recycling— New Service: Prior to the connection of any new water service, an evaluation must be done by the [ENTITY] to determine whether recycled water exists to supply all or some of the water needed and recycled water must be utilized to the extent feasible. [Not applicable to city /county that is not a water provider] City / County Water Recycling Plan: The [ENTITY] must prepare a water recycling master plan that contains recommendations to increase the amount of recycled water used and must report to the [ENTITY GOVERNING BODY] annually on the progress towards implementing such recommendations. [Not applicable to water districts] g. City / County Conservation Reports: Upon request of the [ENTITY], [ENTITY] Departments must prepare and submit quarterly reports on their water conservation efforts. The reports will be consolidated by the [APPROPRIATE ENTITY MANAGER] and reported to the [ENTITY GOVERNING BODY] at a minimum of once a year. [Not applicable to water districts] h. Customer Water Conservation Reports: The [ENTITY] may, by written request, require all commercial, residential and industrial customers using [To be determined by ENTITY] or more billing units per year to submit a water conservation plan and to submit quarterly progress reports on such plan. The conservation plan must include recommendations for increased water savings, including increased water recycling based on feasibility, and the reports must include progress to date on implementation of such recommendations. Water Conserving Plumbing Standards Retrofits Upon Sale or Transfer: On or after January 1, 2010, no structure may be sold or transferred unless all existing plumbing fixtures in the structure are retrofitted exclusively with water - conserving plumbing fixtures. [Not applicable to water districts] 2. Change in Service: On or after January 1, 2010, upon the establishment of new water service or a change in water service from one person to another non - family member, all existing plumbing fixtures must be retrofitted exclusively with water - conserving plumbing fixtures. [Not applicable to city / county that is not a water provider] Reporting Mechanism - Hotline: The [ENTITY] will establish a water waste hotline for residents to report violations of this chapter. k. State Model Landscape Ordinance: The Department of Water Resources State Model Landscaping Ordinance is adopted by reference and incorporated as part of this Chapter. The full text of the Model Landscaping Ordinance is available on the [ENJIIY] website at 14 1/22/09 — Version 2 1/22/09 - Version 2 and a copy is maintained with the [ENTITY]. [Alternatively, the ENTITY may adopt a local ordinance at least as effective as the state model]. 15 1/22/09 - Version 2 1/22/09 — Version 2 APPENDIX WATER CONSERVATION ORDINANCE SUMMARY TABLE Permanent Level 1 Level 2 Level 3 — Emergency Other Provisions for Consideration Restrictions Same as Permanent + Same as Permanent & Same as Permanent, Level 1 + Level 1 & Level 2 + o Water allocation requirements and penalties for exceeding • No Watering: 9am -5pm o Watering limited to 3 o Watering limited to 2 o No watering or irrigating allotment except by hand days a week days a week with certain exceptions o Mandatory %reduction • Irrigation system limit of o Fix leaks within 72 hours o Fix leaks within 48 hours o Fix leaks within 24 hours and penalties for overage 15 minutes o No filling or re- filling o No new potable water o Large landscape areas • No excessive water flow ornamental lakes or service must have rain sensors or runoff ponds o No new annexations to o Recycled or non - potable • No washing down hard o Wash vehicles only at car service areas water must be used for or paved surfaces wash with re- circulating construction system o Limit or withhold • Obligation to fix leaks in building permits o Must use recycled water reasonable time (within 7 o No filling residential if entity shows cost days of notice) pools or outdoor spas o No new annexations effective alternative • Fountains only with re- o Recycled water must be circulating water used for new water connection if feasible • Wash vehicles only with bucket or shut -off nozzle o City /County prepares water recycling plan and • Restaurants only serve reports on progress water on request o Departments prepare • Hotels must provide annual conservation guests option to not reports 1/22/09 — Version 2 1/22/09 — Version 2 launder linen daily o Customers that use more than billing units • No installation of single- required to submit water pass cooling systems conservation report • No installation of non re- o Plumbing retrofits upon circulating car wash sale, transfer or change in systems service • Restaurants must use o Establish water waste conserving nozzles Hotline • Commercial Car Wash o Adopt State Model Systems use Re- Landscape Ordinance by Circulating by Jan. 1, _ reference Penalties Same as Permanent Same as Permanent Same as Permanent • Fines, flow restrictor or disconnect service after 4t' violation • Misdemeanor • Reporting mechanism 17 1/22/09 — Version 2 OL8Z6 VO'eiluaoeld "E)AV ew0leaiW '3 LLL6 431aisla aamA LIpu1l egaoA 10 STAGE 1 Conservation Notice O C,00) r �m > �N m ABOUT O � � O CD (D �I toYorba Linda Water District 1717 E. Miraloma Ave., Placentia, CA 92870