Water Supply Shortage Response Program
Article 230 Water Supply Shortage Response Program
Sec. 230.1 Declaration of Necessity and Intent
(a) This article establishes water management requirements necessary to conserve water and enable effective water supply planning. It will assure reasonable and beneficial use of water, prevent waste of water, prevent unreasonable use of water, and prevent unreasonable method of use of water within the District. It will also balance water demands with available supplies and further the public health, safety, and welfare, recognizing that water is a scarce and limited natural resource that requires careful management not only in times of water supply shortage, but at all times.
(b) This article establishes regulations to be implemented during times of declared water shortages, or declared water shortage emergencies. It establishes four levels of water supply shortage response actions to be implemented in times of shortage, with increasing restrictions on water use for the District’s customers and the District itself, in response to worsening water supply conditions and decreasing available supplies.
(c) Level 1 condition water supply shortage response measures are voluntary and will be reinforced through local and regional public education and awareness measures that may be funded in part by District. During water supply shortage response condition Levels 2 through 4, all conservation measures and water-use restrictions are mandatory and become increasingly restrictive in order to attain escalating conservation goals.
(d) During a Water Supply Shortage Response Level 2 condition or higher, the water conservation measures and water use restrictions established by this ordinance are mandatory and violations are subject to criminal, civil, and administrative penalties and remedies specified in this ordinance and as provided in District Administrative or Municipal Code.
Sec. 230.2 Definitions
(a) The following words and phrases whenever used in this chapter shall have the meaning defined in this section:
1. “Grower” refers to those with a minimum of one acre of land engaged in the growing or raising, in conformity with recognized practices of husbandry, for the purpose of commerce, trade, or industry, or for use by public, educational or correctional institutions, of agricultural, horticultural or floricultural products, and produced: (1) for the market, or (2) for the feeding of fowl or livestock produced for human consumption or for the market, or (3) for the feeding of fowl or livestock for the purpose of obtaining their products for the market. Provisions of this Article do not apply to customers who purchase water subject to the Metropolitan Interim Agricultural Water Program or the Water Authority Special Agricultural Rate programs.
Per Ordinance No. 2008-08 Adopted 9/2/2008 [Article 230]
2. “Water Authority” means the San Diego County Water Authority.
3. “Metropolitan” means the Metropolitan Water District of Southern California.
4. “Person” means any natural person, corporation, public or private entity, public or private association, public or private agency, government agency or institution, educational institutions, or any other user of water provided by the District.
Sec. 230.3 Application
(a) The provisions of this ordinance apply to any person in the use of any water provided by the District.
(b) This ordinance 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 storm water ordinances and storm water management plans.
(c) Nothing in this ordinance is intended to affect or limit the ability of the District to declare and respond to an emergency, including an emergency that affects the ability of the District to supply water.
(d) The provisions of this ordinance do not apply to use of water from private wells, surface sources or to reclaimed water.
(e) Nothing in this ordinance shall apply to use of water that is subject to a special supply program, such as the Metropolitan Interim Agricultural Water Program or the Water Authority Special Agricultural Rate programs. Violations of the conditions of special supply programs are subject to the penalties established under the applicable program. A person using water subject to a special supply program and other water provided by the District is subject to this ordinance in the use of the other water.
Sec. 230.4 Water Supply Shortage Response Level 1 – Water Supply Shortage Watch Condition
(a) A Water Supply Shortage Response Level 1 condition is also referred to as a “Water Supply Shortage Watch” condition. A Level 1 condition applies when the Water Authority notifies its member agencies that due to drought or other supply reductions, there is a reasonable probability there will be future supply shortages unless there is a voluntary consumer demand reduction of up to 10 percent in order to ensure that sufficient supplies will be available to meet anticipated regional demands. The General Manager shall declare the existence of a Water Supply Shortage Response Level 1 and take action to implement the Level 1 conservation practices identified in this ordinance.
(b) During a Level 1 Water Supply Shortage Watch condition, District will increase its public education and outreach efforts to emphasize increased public awareness of the need to implement the following voluntary water conservation practices.
1. Stop washing down paved surfaces, including but not limited to sidewalks, driveways, parking lots, tennis courts, or patios, except when it is necessary to alleviate safety or sanitation hazards.
2. Stop water waste resulting from inefficient landscape irrigation, such as runoff, low head drainage, or overspray, etc. Similarly, stop water flows onto non-targeted areas, such as adjacent property, non-irrigated areas, hardscape, roadways, or structures.
3. Irrigate residential and commercial landscape before 10 a.m. and after 6 p.m. only.
4. Use a hand-held hose equipped with a positive shut-off nozzle or bucket to water landscaped areas, including trees and shrubs located on residential and commercial properties that are not irrigated by a landscape irrigation system.
5. Irrigate nursery and commercial grower’s products before 10 a.m. and after 6 p.m. only. Watering is permitted at any time with a hand-held hose equipped with a positive shut-off nozzle, a bucket, or when a drip/micro-irrigation system/equipment is used. Irrigation of nursery propagation beds is permitted at any time. Watering of livestock is permitted at any time.
6. Use re-circulated water to operate ornamental fountains.
7. Wash vehicles using a bucket and a hand-held hose with positive shut-off nozzle, mobile high pressure/low volume wash system, or at a commercial site that re-circulates (reclaims) water on-site. Avoid washing during hot conditions when additional water is required due to evaporation.
8. Serve and refill water in restaurants and other food service establishments only upon request.
9. Offer guests in hotels, motels, and other commercial lodging establishments the option of not laundering towels and linens daily.
10. Repair all water leaks within five (5) days of notification by the District unless other arrangements are made with the General Manager.
11. Use reclaimed or non-potable water for construction purposes when available and feasible.
(c) The District shall issue Project Facility Availability, Project Facility Commitment Letters and adopt Facility Concept Approvals with qualifications concerning the uncertainty of the future water supply availability and its impact on the ability of the District to provide actual water service in the future.
(a) A Water Supply Shortage Response Level 2 condition is also referred to as a “Water Supply Shortage Alert” condition. A Level 2 condition applies when the Water Authority notifies its member agencies that due to an actual or anticipated reduction in supplies to the Water Authority, a commensurate consumer demand reduction of up to 20 percent is required in order to balance demands with supplies anticipated to be available for the foreseeable future. District’s Board of Directors shall declare a Water Shortage Emergency in the manner and on the grounds provided in California Water Code section 350 et seq, and such declaration shall remain in effect if water supply shortage conditions require the declaration of a subsequent Level 3, Water Supply Shortage Critical Condition and/or a Level 4, Water Supply Shortage, Water Emergency. With the declaration by the Board of Directors of a Water Supply Shortage Response Level 2 condition, the following mandatory Level 2 conservation measures identified in this ordinance shall be implemented.
(b) All persons using District supplied water shall comply with Level 1 Water Supply Shortage Watch water conservation practices on a mandatory basis to achieve up to a 20% reduction in demand during a Level 2 Water Supply Shortage Alert and shall also comply with the following additional conservation measures:
1. During the months of June through October, limit residential and commercial landscape irrigation to no more than three (3) assigned days per week on a schedule established by the General Manager and posted by the District. During the months of November through May, landscape irrigation is limited to no more than once per week on a schedule established by the General Manager and posted by the District. This section shall not apply to commercial growers or nurseries.
2. Limit lawn watering and landscape irrigation using sprinklers to no more than ten (10) minutes per watering station per assigned day. This provision does not apply to landscape irrigation systems using water efficient devices, including but not limited to: weather based controllers, drip/micro-irrigation systems and stream rotor sprinklers.
3. Water landscaped areas, including trees and shrubs located on residential and commercial properties, and not irrigated by a landscape irrigation system governed by section 230.5 (b) (1), on the same schedule set forth in section 230.5 (b) (1) by using a bucket, hand-held hose with positive shut-off nozzle, or low-volume non-spray irrigation.
4. Repair all leaks within seventy-two (72) hours of notification by the District unless other arrangements are made with the General Manager.
(c) Upon declaration of a Water Supply Shortage Response, Level 2 condition, all non-Interim Agricultural Water Program (IAWP) and Special Agricultural Water Rate (SAWR) meters without pre-existing allocations shall be provided an allocation of 10 Hundred Cubic Feet (HCF) per equivalent ¾ inch meter, per month for months in the base period for which there is no usage history or a usage history of less than 10 HCF. Such allocation shall be subject to the appeal process provided for in Section 230.11 of this Article. Water allocations for meters in the IAWP and SAWR programs shall be based upon water supply reduction plans adopted by the Board for those specific programs.
(d) Upon the declaration of a Water Supply Shortage Response Level 2 condition, no new statements of availability (including, but not limited to as Project Facility Availability “PFA”, Project Facility Commitment “PFC”, District Facility Conceptual Approvals, and Agency Clearance Letters) shall be issued for development projects consisting of but not limited to major subdivisions and major commercial developments, or large multifamily developments requiring meter capacity in excess of four (4) equivalent ¾-inch meters for non-fire fighting requirements unless the applicant(s) provides substantial evidence of an enforceable commitment that the net water demands for the project from the District will be offset prior to the provision of any new water meter(s) for the project. Net water demand determination shall be based upon a water conservation plan prepared by the applicant and approved by the District. Offset of demand may be achieved through:
1. The reallocation of existing base year meter allocation assigned to the property being developed or owned by the applicant;
2. The development of on-site local potable and non-potable supplies which offset an existing or future demand for imported water; or
3. Participation in a local or regional net demand offset program or specific project.
Per Ordinance No. 2009-04 Adopted 6/15/09 [Sec. 230.5(c)]
Per Ordinance No. 2009-04 Adopted 6/15/09 [Sec. 230.5(d)]
(e) Upon the declaration of a Level 2 condition, only existing and new annexation proposals which can provide to the District additional water resources offsetting the net water demand impact for the specific projects in the annexing area and providing .5 acre feet per year of additional supply per unit of development in the annexing area to meet firm Municipal and Industrial demands within the existing District service area will continue to be processed or have applications considered by the District. For the purposes of this subsection, “additional water resources” shall be defined as:
1. Water resources originating from outside the current service area of the District; and
2. Water resources resulting from financial support from the annexing lands for local water resource development opportunities within the District determined to be available for annexing territories. Local resource development opportunities available for annexing lands shall be identified after first determining the level of local resource development opportunities which may be required to accommodate development on lands currently within the District boundaries.
(a) A Water Supply Shortage Response Level 3 condition is also referred to as a “Water Supply Shortage Critical” condition. A Level 3 condition applies when the Water Authority notifies its member agencies that due to an actual or anticipated reduction in supplies to the Water Authority, a commensurate consumer demand reduction of up to 40 percent is required in order to balance regional demands with supplies anticipated to be available for the foreseeable future. The District’s Board of Directors shall declare the existence of a Water Supply Shortage Response Level 3 condition and implement the mandatory Level 3 conservation measures identified in this ordinance.
(b) All persons using District supplied water shall comply on a mandatory basis with Level 1 Water Supply Shortage Watch and Level 2 Water Supply Shortage Alert water conservation practices and measures to achieve up to a 40% reduction in demand during a Level 3 Water Supply Shortage Critical condition, and shall also comply with the following additional mandatory conservation measures:
1. Limit residential and commercial landscape irrigation to no more than two (2) assigned days per week on a schedule established by the General Manager and posted by the District. During the months of November through May, landscape irrigation is limited to no more than once per week on a schedule established by the General Manager and posted by the District. This section shall not apply to commercial growers or nurseries.
Per Ordinance No. 2009-04 Adopted 6/15/09 [Sec. 230.5(e)]
2. Water landscaped areas, including trees and shrubs located on residential and commercial properties, and not irrigated by a landscape irrigation system governed by section 230.6 (b) (1), on the same schedule set forth in section 230.6 (b) (1) by using a bucket, hand-held hose with a positive shut-off nozzle, or low-volume non-spray irrigation.
3. Stop filling or re-filling ornamental lakes or ponds, 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 water supply shortage response level under this ordinance.
4. Stop washing vehicles except at commercial carwashes that re-circulate water, or by high pressure/low volume wash systems.
5. Repair all leaks within forty-eight (48) hours of notification by the District unless other arrangements are made with the General Manager.
(c) Upon declaration of a Level 3 condition, no new statements of ability to serve (PFA, PFA, or Concept Approval) shall be issued for projects with associated water demand. Only projects with existing PFA’s, PFC’s, or Concept Approvals with no associated direct water usage or those providing substantial evidence of an enforceable commitment that net water demands for the project from the District will be offset prior to the provision of a new water meter(s) to the satisfaction of District through the development of local water resources or participation in local or regional net demand offset program will continue to be processed.
(d) Upon the declaration of a Level 3 condition, only existing annexation proposals which can provide to the District additional water resources which offset the net water demand impact for the specific projects in the annexing area and provide .5 acre feet per year of additional supply per unit of development in the annexing area to meet firm Municipal and Industrial demand within the existing District service area will continue to be processed. For the purposes of this sub-section, “additional water resources” shall be defined as water resources originating from outside the current service area of the District, and not through participation in local or regional offset programs, or financial support for water resource development within the District service area.
(e) Upon the declaration of a Water Supply Shortage Response Level 3 condition, no new temporary or permanent potable water meters shall be provided, except under the following circumstances:
1. A meter has been purchased, a valid, agency clearance letter or some other form of service commitment has been previously issued by the District, or meter is for a project meeting the requirements of sub-sections 230.6 (c) and (d), above.
2. The meter is for a project that is necessary to protect the public’s health, safety, and welfare.
(a) A Water Supply Shortage Response Level 4 condition is also referred to as a “Water Supply Shortage Emergency” condition. A Level 4 condition applies when the Water Authority Board of Directors declares a water shortage emergency and notifies its member agencies that a demand reduction of more than 40 percent is required in order to balance regional demands with the supplies anticipated to be available to the Water Authority for the foreseeable future.
(b) All persons using District supplied water shall comply on a mandatory basis with conservation practices and measures required during Level 1 Water Supply Shortage Watch, Level 2 Water Supply Shortage Alert, and Level 3 Water Supply Shortage Critical conditions and shall also comply with the following additional mandatory conservation measures:
1. Stop all landscape irrigation, except crops and landscape products of commercial growers and nurseries. This restriction shall not apply to the following categories of use unless the District has determined that reclaimed water is available and may be lawfully applied to the use.
A. Maintenance of trees and shrubs that are watered on the same schedule set forth in section 230.6 (b) (1) by using a bucket, hand-held hose with a positive shut-off nozzle, or low-volume non-spray irrigation;
B. Maintenance of existing landscaping necessary for fire protection as specified by the Fire Marshal of the local fire protection agency having jurisdiction over the property to be irrigated;
C. Maintenance of existing landscaping for erosion control;
D. Maintenance of plant materials identified to be rare or essential to the well being of rare animals;
E. Maintenance of landscaping within active public parks and playing fields, day care centers, school grounds, cemeteries, and golf course greens, provided that such irrigation does not exceed two (2) days per week according to the schedule established under section 230.6 (b) (1);
F. Watering of livestock; and
G. Public works projects and actively irrigated environmental mitigation projects.
2. Repair all water leaks within twenty-four (24) hours of notification by the District unless other arrangements are made with the General Manager.
(c) Upon the declaration of a Water Supply Shortage Response Level 4 condition, any and all development and annexation processing with associated direct water usage shall be terminated and no new temporary or permanent potable water meters shall be provided under any circumstance until the Level 4 condition abates, except for those meters for projects required to protect public health and safety.
Sec. 230.8 Procedures for Determination and Notification of Water Supply Shortage Response Level
(a) The existence of a Water Supply Shortage Response Level 1 condition may be declared by the General Manager upon a written determination of the existence of the facts and circumstances supporting the determination. A copy of the written determination shall be filed with the Clerk or Secretary of the District and provided to the District Board of Directors. The General Manager may publish a notice of the determination of existence of Water Supply Shortage Response Level 1 condition in one or more newspapers, including a newspaper of general circulation within the District. The District may also post notice of the condition on their website.
(b) The existence of a Water Supply Shortage Response Level 2, 3, or 4 condition may be declared in accordance with the procedures specified in California Water Code sections 351 and 352. Following at least (7) days notice of the meeting at which the declaration will be made, the District Board of Directors may declare the existence of a Water Supply Shortage Response Level 2, 3, or 4 condition by the adoption of a resolution at any regular or special meeting held in accordance with State law. The mandatory conservation measures applicable to Water Supply Shortage Response Level 4 conditions shall take effect on the tenth (10) day after the date the response level is declared. The General Manager may publish a notice of the determination of the existence of Water Supply Shortage Response Level 2, 3, or 4 condition in one or more newspapers, including a newspaper of general circulation within the District. The District may also post notice of the condition on their website. If the District establishes a water allocation, it shall provide notice by mailing to the address to which the District customarily mails the billing statement for fees or charges for on-going water service. Water allocation shall be effective on the fifth (5) day following the date of mailing or at such later date as specified in the notice.
(c) The District Board of Directors may declare an end to a Water Supply Shortage Response Level by the adoption of a resolution at any regular or special meeting held in accordance with State law.
Sec. 230.9 Hardship Variance
(a) If, due to unique circumstances, a specific requirement of this ordinance would result in undue hardship to a person using agency water or to property upon which agency water is used, that is disproportionate to the impacts to District water users generally or to similar property or classes of water uses, then the person may apply for a variance to the requirements as provided in this section.
(b) The variance may be granted or conditionally granted, only upon a written finding of the existence of facts demonstrating an undue hardship to a person using agency water or to property upon with agency water is used, that is disproportionate to the impacts to District 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.
1. Application. Application for a variance shall be a form prescribed by the District.
2. Supporting Documentation. The application shall be accompanied by photographs, maps, drawings, and other information, including a written statement of the applicant.
3. Required Findings for Variance. An application for a variance shall be denied unless the 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 District, all of the following:
A. That the variance does not constitute a grant of special privilege inconsistent with the limitations upon other District customers.
B. That because of special circumstances applicable to the property or its use, the strict application of this ordinance would have a disproportionate impact on the property or use that exceeds the impacts to customers generally.
C. That the authorizing of such variance will not be of substantial detriment to adjacent properties, and will not materially affect the ability of the District to effectuate the purpose of this chapter and will not be detrimental to the public interest.
D. That the condition or situation of the subject property or the intended use of the property for which the variance is sought is not common, recurrent or general in nature.
4. Approval Authority. The General Manager shall exercise approval authority and act upon any completed application no later than 10 days after submittal and may approve, conditionally approve, or deny the variance. The applicant requesting the variance shall be promptly notified in writing of any action taken. Unless specified otherwise at the time a variance is approved, the variance applies to the subject property during the term of the mandatory Water Supply Shortage response.
Sec. 230.10 Enforcement
(a) As provided in Water Code Section 377, any violation of Sections 230.5, 230.6, or 230.7 Water Conservation Measures of this ordinance is a misdemeanor. Upon conviction thereof, such person may be punished by imprisonment in the county jail for not more than 30 days, or by fine not exceeding one thousand dollars ($1,000) or both.
(b) Each day that a violation of this ordinance occurs is a separate offense.
(c) In addition or as an alternative, the District may install flow restrictors or discontinue water service at any time.
(d) Prior to seeking criminal enforcement of the provisions of Sections 230.5, 230.6, and 230.7 the District may impose progressive enforcement measures for repeated, willful violations as follows:
First Violation: Citation
Second Violation: Penalty of $100 placed on the water bill
Third Violation: Penalty of $250 placed on the water bill.
Fourth Violation: Penalty of $500 placed on the water bill, and after a 15 day written notification, a flow restriction of 5 gallons per minute for 120 hours (5 days) and the customer will be charged for the installation and removal of the flow restrictor.
Fifth Violation: Penalty of $1,000 placed on water bill, and after a 15 day written notification, complaint filed with the County of San Diego District Attorney's office, flow restriction imposed and sustained to 5 gallons per minute until disposition of complaint and the customer will be charged for the installation and removal of the flow restrictor.
(e) Willful violations of the mandatory conservation measures and water use restrictions as set forth in Section 230.7 and applicable during a Level 4 Water Supply Shortage Emergency condition may be enforced by discontinuing service to the property at which the violation occurs as provided by Water Code section 356.
(f) All remedies provided for herein shall be cumulative and not exclusive.
Sec. 230.11 Administrative Procedures
(a) Persons using District supplied water may appeal a staff response to a request for variance, determination of allocation, ordinance implementation provisions and decisions made by VCMWD staff, such as imposition of penalties, noticed flow reduction, discontinuance of service or prosecution.
(b) The appeal process shall be as follows:
1. Decisions made by District staff can be appealed in writing on a form provided by the District to Director of Finance, or his designee. All appeals shall be filed within 15 calendar days of the date of the provision or decision being appealed. The Director of Finance shall then have 30 calendar days to render a written decision on the appeal.
2. Decisions by the Director of Finance may be appealed to the General Manager, or his designee, within 15 calendar days of the date of the decision by the Director of Finance. The General Manager shall then have 30 calendar days to render a written decision to the appeal of decision by the Director of Finance.
3. All decisions by General Manager may be appealed to the Board of Directors. Requests for appeals to the Board shall be made in writing and will be placed on an agenda for review and action at a subsequent meeting of the Board. The decision by the Board shall be final.
4. During the appeal process, all provisions and decisions under appeal shall remain in full effect until the conclusion of the appeal process.