HomeMy WebLinkAbout1992-02-04; Municipal Water District; 151; Adoption of Urban Water Shortage Contingency PlanCARLSBAD Mf-UPAL WATER DISTRICT - -iENDA BILL ‘I’
AB#’ )f;l TITLE: DEPT. HD:’ /
MTG. 214192 Public Hearing for Approval and Adoption CITY ATT &
DEPT. CMWD of the Urban Water Shortage Contingency
Plan CITY MGS
RECOMMENDED ACTION:
Adopt Resolution No. ? 3’7 approving and adopting the Urban Water Shortage Contingency
Plan.
ITEM EXPLANATION
On December 11, 1990, the Board of Directors approved the Carlsbad Municipal Water District’s
Urban Water Management Plan. This plan was then submitted to the state, in accordance with
the requirements of California Water Code Section 10642.
In October 1991, Assembly Bill 11X became effective, requiring all urban water suppliers to
prepare an Urban Water Shortage Contingency Plan. As an amendment to the Urban Water
Management Plan, the Water Shortage Contingency Plan must be filed with the California
Department of Water Resources (DWR) by January 31,1992. The one-week delay in submitting
the District’s Plan was approved by DWR. DWR will evaluate each plan and report to the
Legislature on the completeness of each agency’s plan. These requirements have been added
to the California Water Code, Sections 10620, 10621, 10631, 10652, and 10656.
The Water Commission reviewed the Plan on January 22, 1992, and recommends that the Plan
be approved by the Board of Directors.
CMWD’s Urban Water Shortage Contingency Plan, in conformance with the requirements outlined
in the California Water Code, contains the following information:
. Coordinated plan preparation with the San Diego County Water Authority
l Projected water demand
l Estimated “worst case” water supply for next 12, 24, and 36 months
. Established stages of action addressing supply reductions up to 50 percent, and
triggers applicable to each step
l Mandatory prohibitions against water waste
l Consumption limits in the most restrictive stages
l Penalties or charges for excessive use
l Revenue and expenditure analysis
. Implementation resolution or ordinance
l Monitoring mechanisms
. Public noticing and adoption
FISCAL IMPACT
By adopting the Urban Water Shortage Contingency Plan, there is no immediate fiscal impact.
If the District does not submit a Plan, there are no penalties involved, other than the fact that the
State will not offer emergency drought assistance. If that were to occur, the District would be
responsible for locating its own alternate water sources, if they exist. Therefore, there would be
direct fiscal impact in that circumstance, depending on the severity of the emergency and how
much money would be needed to either supplement reduced income from lower water sales, or
buy water from another source.
With regard to implementation of the Plan, there is potential fiscal impact due to the reduced
revenue from water sales when the various stages are enacted. At that time, Staff would assess
’ the degree of revenue loss and recommend use of the rate stabilization fund and/or the reserve
fund, in addition to re-evaluating the rate structure and making adjustments as necessary. As the
stages of the Plan result in higher percentages of consumption reduction, the amount of staff time
needed to monitor customers’ usage increases. Although some of these costs could be covered
by penalties outlined in the Plan which are assessed to customers whose usage continually
exceeds target levels, the District may in turn be assessed penalties by the San Diego County
Water Authority for not meeting its monthly allocation. The inclining block rate structure currently
in place is designed to compensate for such penalties. However, the possibility exists that
supplementary funds would be needed. In this situation, Staff would again consider use of the
two resew8 funds as well as increases in water rates.
EXHIBITS
1. Resolution No. 3 3 ? adopting the Urban Water Shortage Contingency Plan
2. Urban Water Shortage Contingency Plan
Urban Water Shortage
Contingency Plan
For
Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad, CA 92008
(619)438-2722
FAX (619) 431-I 601
Prepared by: Jeanne Flack
Contact Person: Jeanne Flack
TABLE OF CONTENTS
Introduction
Past, Current and Projected Water Use
Worst Case Water Supply Availability for 12,24 and 36 Months
Stages of Action
Mandatory Prohibitions on Water Use
Consumption Limits
Penalties for Excessive Use
Analysis of Revenue and Expenditure Impacts
Implementation of the Plan
Water Use Monitoring Procedures
Plan Adoption Standards
TABLES
Table 1 - Projected Demands
Table 2 - Breakdown of Usage Between Customer Sectors
Table 3 - Worst Case Water Supply Projections
Table 4 - Potential Revenue Effects of Drought
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TABLE OF CONTENTS (CONTINUED)
APPENDICES
Appendix A
Appendix B
Appendix C
Appendix D
Appendix E
Appendix F
Appendix G
Appendix H
Appendix I
Assembly Bill 11X
San Diego County Water Authority Urban Water Shortage
Contingency Plan
Ordinance No. 91-1
Ordinance No. 35
Ordinance No. 91-6
Resolution No. 718
Resolution No. 766
Resolution Adopting the Urban Water Shortage Contingency Plan
Copy of Public Notice for Public Hearing
I. INTRODUCTION
Assembly Bill 11X - Urban Water Shortage Contingency Plan
Effective October 14, 1991, the California Legislature adopted AssembIy Bill 11X
(Appendix A). AB 11X amends Sections 10620,10621,10631, and 10652 of the Water
Code and adds Section 10656. AB 11X is an amendment to the Urban Water
Management Planning Act and requires each urban water supplier to prepare and submit
an urban water shortage contingency plan. The Carlsbad Municipal Water District
(District), in conformance with AB 11X, has prepared this Urban Water Shortage
Contingency Plan, to be submitted to the California State Department of Water Resources
(DWR) by January 3 1, 1992.
The District intends to refer to the Urban Water Shortage Contingency Plan as an
operational guideline in the event of a severe water shortage.
Coordination With Other Agencies
California Water Code Section 10620. (d) (2) Each urban water supplier shall
coordinate the preparation of its urban water shortage contingency plan with other
urban water suppliers and public agencies in the area, to the extent practicable.
As one of the 23 member agencies of the San Diego County Water Authority (Authority),
the District is included as part of the Authority’s own Urban Water Shortage Contingency
Plan (Appendix B). The District is completely reliant upon the Authority for its water,
having no local sources. Therefore, the District is directly affected by the Authority’s
Plan. For this reason, much of this Urban Water Shortage Contingency Plan will
reference the Authority’s plan, as procedures and policies regarding supply and
emergencies are developed regionally by the Authority and relegated to member agencies.
Carlsbad Municipal Water District Profile
The City of Carlsbad was incorporated in 1952 and encompasses approximately 25,000
acres along the northern San Diego County coastline. The District’s service area covers
about 20,000 acres of the city. Water demands were initially provided by the privately-
held Carlsbad Mutual Water District, utilizing local supplies. The Mutual District was
purchased by the City and constructed wells, pumping stations and transmission facilities
for the provision of water.
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After obtaining water rights from the “Mission Basin” of the San Luis Rey River Valley
in eastern Oceanside, the State Division of Water Rights, Lake Calavera Creek and Los
Monos Creek, the Mutual District continued to supply water to the area for a period of
five years. As water levels in the San Luis Rey River basin dropped, the quality of water
available degraded to the point that the Mutual District abandoned utilization of this
source. Without that water, imported sources were needed, and the Carlsbad Municipal
Water District was formed, with membership in the San Diego County Water Authority.
Presently, the District is represented by one Board member on the Authority’s Board of
Directors.
Disaster Planning
The City of Carlsbad has a Multi-Hazard Functional Plan in place, conforming to
recommendations by the state. The plan operates through an Incident Command System,
with five divisions: Command, Operations, Planning, Logistics, and Finance. As a
subsidiary district of the City of Carlsbad, the District belongs to the Operations division
and participates in Emergency Preparedness Exercises engineered by the City. These
exercises are performed quarterly and cover a wide range of possible emergencies, such
as earthquakes, fires and floods. All departments of the City are involved in the exercises.
At the end of the year, a functional Annual Disaster Exercise is performed, wherein
emergency equipment is operated and a complete role-playing exercise is portrayed.
In addition, as a member of the Authority, more specific water emergencies on a regional
basis are included in the San Diego County Water Authority Emergency Response Plan.
A description of this emergency response plan is included in Appendix B.
2
II. PAST, CURRENT AND PROJECTED WATER USE
California Water Code Section 10631. (e) (1) Past, current and projected w&r use
and, to the extent records are available, a breakdown of those uses on the basis of
residential single family, residential multifamily, industrial, commercial, governmental,
and agricultural use.
Growth Projections
As of January 1, 1991 census figures, the population in the City of Carlsbad is 64,264,
giving the District’s service area a population of 54,624. This number is calculated by
applying the City’s current population of 64,264 and multiplying it by the percentage of
area within the City limits that is served by the District (85 percent). According to
SANDAG’s reports, approximately 36,000 additional people are anticipated to be moving
into the District’s service area by the year 2010.
SANDAG also forecasts steady growth in residential housing. The total housing stock is
anticipated to increase by approximately 17,300 dwelling units by 2010. This amounts
to an annual average increase of four percent.
Growth Management
In spite of widespread development in Southern California, Carlsbad has managed to keep
growth to approximately four percent annually. This is accomplished through a
comprehensive Growth Management Program that ensures the availability of public
facilities prior to development. All facilities are planned and designed in compliance with
growth projections made by local and regional agencies.
Demands
Historically, the highest water demand year was during fiscal year 198990, when 17,918.8
acre feet were purchased from the Authority. By build-out, in about 2013, an increase of
53% is expected, or 27,475 acre feet per year. Over the next three years, water demand
is projected to increase by four percent each year. With fiscal year 1990-91 consumption
at 16449.6 acre feet, the next three years’ usage would approximate the figure below.
.These estimates are developed assuming growth continues at the same rate it has in the
past, barring any unusual economic developments.
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TABLE 1 - PROJECTED DEMANDS
Fiscal Year Purchases in Acre Feet
1989-90 15562.2
1990-91 16,449.6
1991-92 17,107.6
1992-93 17,791.g
1993-94 18,503.6
Actual consumption will most likely vary and not exactly match these numbers, due to
mandatory conservation measures, especially during 1991.
TABLE 2
BREAKDOWN OF USAGE BETWEEN CUSTOMER SECTORS
Customer Sector 89/90 04.F) % of Total 90191 0W) % of Total
Single Family 5,703.3 32.3 5,090.8 32.8
Multifamily 1,714.5 9.7 1408.2 9.1
Duplex 536.3 3 140.2 1
Commercial 4,363.2 24.7 3,797.3 24.4
Industrial 1,086.2 6.2 887.4 5.7
Agriculture 2,281.5 12.2 1,951.3 12.6
Irrigation 1.957.6 11.1 2,268.8 14.6
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III. WORST CASE iVATER SUPPLY AVAILABILITY FOR 12,24
AND 36 MONTHS
California Water Code Section 10631. (e) (2) An estimate of the minimum water supply
available at the end of 12,24 and 36 months, assuming the worst case w&r supply
shortages.
As a member agency of the San Diego County Water Authority and, being completely
reliant upon the Authority for its water supply, the District is bound by the Authority’s
worst case scenario, as depicted in Table 3. If this severe shortage were to occur, the
District would receive direction from the Authority as to its allocation, based on
population and past consumption.
As described in the Authority’s plan on page 7 (Appendix B), San Diego County was
faced with the threat of a 50% reduction in water deliveries in February 1991. At that
time, the Authority adopted a water emergency ordinance and declared a water emergency.
The District, in turn, prepared a similar ordinance and put measures into place to reduce
consumption by 50%. As California’s water outlook improved with the March rains, the
emergency declaration was withdrawn, and a 20% reduction level was declared. To date,
that 50% reduction would have been the worst shortage ever experienced by the Authority
or the District.
TABLE 3
SAN DIEGO COUNTY WATER AUTHORITY
“WORST CASE” WATER SUPPLY PROJECTIONS
BASED ON A 50% SUPPLY REDUCTION
NORMAL DEMAND PROJECTIONS
Source
(Base Year)
1989-90 1990.91 1991-92 1992-93 199384
Agriculture 122,297 122,cGJ 122,000 122,ooo IPCU)
Urban 524,348 540,078 553,579 567,419 581,605
TOTAL 646,645 662,078 675,579 609,419
ICASE”
Source 1990-91 1991-92 1992-93 1QQ3Bl
Local 30,000 30,ooo 30,000 =mJ
Imported 345,425 354.060 362,912 371,S84
TOTAL 375,425 384,060
* Figures indicate a 43% supply shortage
** Figures were based on a 2.5% growth rate per year
392,912 m!=
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IV. STAGES OF ACTION
Cal~orniu Water Code Section 10631. (e) (3) Stages of action to be undertaken by the
urban water supplier in response to w&r supply shortages, including up to a 50 percent
reduction in water supply, and an outline of specific water supply conditions which are
applicable to each stage.
Carlsbad Municipal Water District Ordinance No. 35
In response to the Authority’s model ordinance 91-1 (Appendix C), the District developed
and adopted its own ordinance defining six stages of water consumption reduction. The
ordinance (Appendix D) describes stages of water delivery restrictions that cover up to a
40% reduction, monthly allocations, and penalties for excessive water use. It also includes
a matrix of water use response stage actions that outline recommended conservation for
every user type, designed to reach the targeted percentage reduction. Ordinance No. 35
was adopted on March 5, 1991. The District is currently in a Stage IV Water Warning.
For a water emergency and reductions of 50%, the District falls under the Authority’s
Ordinance No. 91-6 (Appendix E).
Contingency Resolution or Ordinance
Ordinance No. 35 and the Authority’s Ordinance No. 91-6 serve as the District’s water
shortage ordinance which complies with the requirements of the Urban Water Shortage
Contingency Plan.
Supply Shortage Triggering Levels
Drought response stage actions become effective when the Authority declares that it is
unable to provide sufficient water supplies to meet the ordinary demands and requirements
of its member agencies without depleting available water supplies to the extent that
insufficient water would be available for human consumption, sanitation, and fire
protection. When the Authority announces its stage declaration, the District concurrently
would declare its corresponding stage.
Another instance that would trigger a response stage action would be a pipeline break.
That situation would be handled in the same way as the drought stages.
V. MANDATORY PROHIBITIONS ON WATER USE
Californiu Water Code Section 10631. (e) (4) Mandatory provisions to reduce water use
which include prohibitions against speci@c wasteful practices, such as gutter flooding.
In addition to the recommended conservation methods listed in Ordinance No. 35 for each
stage of conservation, the District developed and adopted the Carlsbad Water Ethic on
March 5,199l. Resolution No. 718 (Appendix F) defines prohibited uses of water at any
tune, regardless of the current water supply situation. The Ethic is designed to promote
responsible and efficient use of this natural resource. Included in the reasonable uses of
water are:
1. Installing landscaping that is native to the Carlsbad climate.
2. Not allowing water to leave the user’s property when irrigating landscape.
3. Irrigating during the morning and evening hours to avoid evaporation loss.
4. Repairing all leaks.
5. Using a broom or other means other than water for cleaning hardscape.
6. Using reclaimed water where and when available.
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VI. CONSUMPTION LIMITS
California Water Code Section 10631. (e) (5) Consumption limits in the most restrictive
stages. Each urban water supplier may use any type of consumption limit in its water
shortage contingency plan that would reduce water use and is appropriate for its area.
Examples of consumption limits that may be used include, but are not limited to,
percentage reductions in water allotments, per capita allocations, an increasing block
rate schedule for high use of water with incentives for conservation, or restrictions on
specific uses.
Monthly allocations are established for the District by the Authority, based on the
Incremental Interruption and Conservation Plan (IICP) adopted by the Metropolitan Water
District (MWD) on December 11, 1990. Using these allocations as a basis for its own
customers, the District, through Ordinance No. 35, requires that all customer sectors
reduce their water consumption by the appropriate percentage (currently 20% under Stage
IV) from the base year of July 1989 through June 1990. This allocation method is
“enforced” by an inclining block rate structure, originally adopted on February 19, 1991,
and then revised on June 4, 1991, and again on December 10,199l. Resolution No. 766
(Appendix G) describes the specifics of the inclining block rate structure currently in
place. A single-family residential lifeline of seven units is given as an incentive for
conservation, while Blocks 2 and 3 at higher dollar amounts offer a disincentive for
exceeding conservation targets.
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VII. PENALTIES FOR EXCESSIVE USE
California Water Codes Section 10631. (e) (6) Penalties or charges for excessive use.
The District is charged a penalty by the Authority if it does not meet its monthly
allocation. In turn, the District’s customers, through the inclining block rate structure
(Appendix G), are also penal&d if they do not meet their monthly conservation target.
Additionally, Ordinance No. 35 stipulates penalties assessed to customers who exceed their
targets, along with the possibility of a flow restrictor placed on their service if they exceed
their target for three consecutive months.
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VIII. ANALYSIS OF REVENUE AND EXPENDITURE IMPACTS
California Water Code Section 10631. (e) (7) An analysis of the impacts of the plan on
the revenue and expenditures of the urban water supplier, and proposed measures to
overcome those impacts, such as the development of reserves and rate adjustments.
Included in the District’s per unit charge is the cost of operations and maintenance for the
District. As water sales decrease due to customer conservation, District revenues and
source of income for funding of operations and maintenance also decrease, as depicted in
Table 4 below. These figures are based on fiscal year 1990-9 1, during which the District
experienced a ten percent reduction from the previous year’s consumption. The total
revenue figure reflects loss of income due to decreased water sales. These numbers are
estimates and do not include the loss of income from interest on investments made with
portions of the money received from water sales. Also not taken into account are either
the potential decreases or increases in operating expenses, with respect to salaries and the
costs associated with transmission and distribution of water. In light of the large number
of variables that would contribute to fluctuations in revenue, it is difficult to project what
effects the decrease in water sales would have on these expenses.
Establishment of a Rate Stabilization Fund
In December 1991, the District established both a rate stabilization and reserve fund in
order to cover potential revenue shortfalls due to decreased water sales, possible penalties
from the Authority, and cost increases from both the Authority and MWD.
Even with a rate stabilization fund, a prolonged drought would drain this fund and
necessitate a re-evaluation of water rates and a corresponding increase to cover losses.
The rate stabilization fund is expected to be used as increases from the Authority and
MWD are declared and passed on to member agencies.
TABLE 4
POTENTIAL REVENUE EFFECTS OF DROUGHT
10% Cutback 15% Cutback 20% Cutback 30% Cutback 40% Cutback 50% Cutback
Water Sales $6,306,926 $5,956,542 $5,606,157 $4,905,387 $4,204,618 $3,503,848
Cost of Water $4,455,951 $4,208,398 $3,960,846 $3,465,740 $2,970,634 $2,475,529
Gross Margin $1,850,975 $1,748,143 $1,645,311 $1,439,647 $1,233,983 $1,028,320
Operating Expenses $3,227,065 $3,227,065 $3,227,065 $3,227,065 $3,227,065 $3,227,065
Operating Revenue $2,186,521 $2,186,521 $2,186,521 $2,186,521 $2,186,521 $2,186,521
Total $610,431 $707,599 $604,767 $399,103 $193,439 ($12,225)
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IX. IMPLEMENTATION OF THE PLAN
Cal~orniu Water Code Section 10631. (e) (8) A draft water shortage contingency
resolution or ordinance to carry out the urban water shortage contingency plan.
The District’s Ordinance No. 35 is currently in force to respond to the current level of
shortage. As conditions change, the ordinance is designed to allow the District to declare
different stages corresponding to the Authority’s declarations.
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X. WATER USE MONITORING PROCEDURES
California Water Code Section 10631. (e) (9) A mechanism for determining actual
reductions in water use pursuant to the urban water shorfage contingency plan.
In addition to the Authority’s monthly report that informs the District of its most recent
conservation efforts, District staff continually monitors consumption levels to determine
the current conservation percentage accomplished by its customers. Water production,
storage and purchase levels are tracked monthly.
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XI. PLAN ADOPTION STANDARDS
California Water Code Section 10621. (a) Each urban water supplier shall, not later
than January 31,1992, prepare, adopt, and submit to the department an amendment to
its urban water management plan which meets the requirements of subdivision (e) of
Section 10631.
This plan was prepared during the months of December 1991 and January 1992 and
adopted on February 4, 1992, by the District Board of Directors via Resolution No. -
(Appendix II), following review and approval by the Water Commission on January 22,
1992. The Plan was not submitted by the January 31, 1992 deadline due to scheduling
difficulties. The delay in filing the Plan was approved by Larry Farwell at the Department
of Water Resources. The Plan includes all the information necessary to meet the
requirements of subdivision (e) of California Water Code Section 10631.
California Water Code Section 10642. Prior to adopting a plan, the urban water
supplier shall make the plan available for public inspection and shall hold a public
hearing thereon. Prior to the hearing, notice of the time and place of hearing shall be
published within the jurisdiction of the publicly owned wafer supplier pursuant to
California Water Code Section 6066 of the Government Code. A privately owned water
supplier shall provide an equivalent notice within its service area After the hearing,
the plan shall be adopted as prepared or as modified after the hearing.
A public hearing was conducted on February 4,1992, and public notice was provided ten
days prior to the hearing in a publication within the District’s jurisdiction, in accordance
with California Water Code Section 6066. (See Appendix I) The plan was formally
adopted at the February 4, 1992, Board of Directors meeting.
California Water Code Section 10656. An urban water supplier that does not submit
an amendment to its urban water management plan pursuant to subdivision (a) of
Section 10621 to the department by January 31,1992, is ineligible to receive drought
assistance from the state until the urban water management plan is submitted pursuant
to Article 3 (commencing with Section 10640) of Chapter 3.
The Carlsbad Municipal Water District submitted a Water Shortage Contingency Plan to
the Department of Water Resources on February 5, 1992.
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APPENDIX A
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APPENDIX B
DRAFT’
bER POLICY COMMITTEE AGENDA ITEM NO. 4
Attachment
SAN DIEGO COUNTY WATER AUTHORITY
URBAN WATER SHORTAGE CONTINGENCY PIAN
I. BACKGROUND .
Assembly Bill 11X - Urban Water Shortage Contingency Plan
The San Diego County Water Authority (Authority) has prepared a Water Shortage
Contingency Plan in accordance with Assembly Bill 11X (AB 11X). AB 11X amends
Sections 10620, 10621, 10631, and 10652 of the Water Code and adds Section 10656.
This legislation became effective on October 14, 1991 ( Appendix A).
AB 11X is an amendment to the Urban Water Management Act and requires each urban
water supplier to prepare an urban water contingency plan. Current legislation requires
that the urban water management plan include a description of water supply deficiencies.
AB 11X deletes this provision and requires that the urban water management plan include
an urban water contingency plan.
In compliance with this legislation, the Authority will “prepare, adopt, and submit” an urban
water contingency plan to the California State Department of Water Resources (DWR) no
later than January 31, 1992.
It is the intent of the Authority to refer to this document as an operational guideline in the
event of a severe water shortage.
Coordination With Other Agencies
California Wafer Code Section 10620. (d) (2) Each urban water suppJlershaJl coordinate
the preparation of its urban water shortage contingency plan with other urban water
suppliers and public agencies in the area, to the extent practicable.
The Urban Water Shortage Contingency Plan was prepared in conjunction with the
Authority’s 23 member agencies. Because the Authority is the sole imported water
supplier to these agencies, water supply emergency planning must encompass all
agencies that would be affected in a water emergency situation.
San Diego County Water Authority
General
The San Diego County Water Authority was organized in June 1944, under the “County
Water Authority” Act of 1943. The organization was needed for the primary purpose of
importing water from the Colorado River to San Diego in order to augment local water
supplies.
The Authority is governed by a 34 member Board of Directors representing the 23
agencies. Each member agency is entitled to have at least one representative on the
Board of Directors. Additional representatives are appointed based on the member
agency’s total assessed valuation within the Authority’s service area.
The Authority consists of six cities, three water districts, one county water district, two
irrigation districts, hine municipal water districts, one public utility district, one federal
agency, and the County of San Diego as an ex-officio member. These agencies are:
Cities
Del Mar
Escondido
National City
Oceanside
Poway
San Diego
Water Districts
Helix
OW San Dieguito
fltJ/WaterDistlkt
Vallecitos
lrriaation Districts
Santa Fe
South Bay
MuniciDal Water Districts
Bueno Colorado Ramona
Carlsbad Rincon del Diablo
Oliven hain Valley Center
Padre Dam Yuima
Rainbow
Public Utilitv District
Fallbrook
Federal Agency Ex-Off icio
Pendleton Military Reservation County of San Diego
The Authority’s budget for Fiscal Year 1991-92 is 8328.8 million. Projected spending is
as follows: capital improvements, $169.7 million; water purchases, $130 million; operating
expenses, $14.7 million; and debt service, $14.4 million.
The value of the Authority’s assets, including regional pipelines, two hydroelectric plants,
three control stations, one pump station, and other facilities, is estimated at $12.2 billion.
Area and Population
The Authority encompasses 907,006 acres (1,420.3 square miles). The population of San
Diego County is approximately 2.5 million, of which 97 percent live within the Authority’s
boundaries. The annual average growth rate within the Authority service area for the
period from 1946 to 1990 was 3.96 percent. The projected population for the Authority’s
service area is expected to increase to approximately 3.6 million by the year 2010. The
City of San Diego is the largest member agency consisting of 210,717 acres with a
population of more than 1.2 million. Yuima Municipal Water District has the smallest
population, totaling 1,820 persons.
2
Disaster Planning .
The Authority serves as a central coordinating body for the member agencies and with
the local, regional and State agencies in the areas of emergency preparedness and
response coordination for imported water. The Authority has developed a m&hazard
emergency response plan that is integrated with the San Diego County Emergency Plan
and the State of California Emergency Plan. This plan covers all potential emergencies
and hazards including natural disasters, technological failures and supply emergencies.
The Authority participates in regional and State disaster training and has established a
coordinating position at the County of San Diego Emergency Operations Center (EOC).
In the event of an emergency that impacts the regional water supply, the Authority will
activate the San Diego County Water Authority Emergency Response Plan which calls for
immediate coordination and communication with all member agencies, the regional
coordinator for emergencies, and the Chief Administrative Officer of the County of San
Diego. Assigned staff will report to the Authority Emergency Operations Center to
manage emergency response and allocation operations.
The Authority will communicate and coordinate with the State water supply agencies
directly and through MWD. The Authority will serve as the coordinating agency for
communications and mutual aid operations for member agencies with MWD and the State
of California Office of Emergency Services.
3
II. PAST, CURRENT AND PROJECTED WATER USE (1991-94)
California Water Code Section 10631. (e) (1) Pati current and p@xted water use and,
to the extent r&ords are available, a breakdow of those uses on the basis d residential
single t&My, residentialmultifami/y, industrial, commercial, gownmental, andagticuttwal
use.
The Water Authority received 559,586 acre-feet (AF) of water from MWD in Fiscal Year
1990-91. The Authority’s expected water demand in the service area is projected to
increase to about 800,000 AF by the year 2010.
Source
The Metropolitan Water District of Southern California (MWD) is the sole source of
imported water to the Authority and on average provides in excess of 90 percent of San
Diego County’s total water demand. The member agencies of the Authority used 26.9
percent of MWD’s supply in 1989-90. The Authority has a preferential right to 12.08
percent of MWD’s total supply but MWD has never invoked preferential rights as a basis
for curtailment of water deliveries.
The MWD supplies the Authority a blend of Colorado River water and State Water Project
(SWP) water. Water from the Colorado River is pumped from Lake Havasu and is carried
through the 242 mile Colorado River Aqueduct. Supplies for San Diego are diverted from
the aqueduct near the west portal of the San Jacinto Tunnel into the First San Diego
Aqueduct (Map 1). A few miles west, the San Diego Canal receives water from the Casa
Coma Canal. Pipelines 1 and 2 enter and transverse San Diego County without going
through any other major facilities.
SWP water is delivered to MWD at Lake Penis, the terminus of the 444 mile California
Aqueduct. From there, it flows through the Lakeview Pipeline to the San Diego Canal
where it is blended with Colorado River water which then flows into Lake Skinner. Water
from Lake Skinner flows directly into Pipelines 3 and 5 while Pipeline 4 carries treated
water from the Skinner Filtration Plant. In June 1990 the blend in Lake Skinner was 71
percent Colorado River water and 29 percent SWP water.
Lake Skinner is the major storage facility for the San Diego Aqueduct with a maximum
capacity of 44,000 AF of storage. The maximum water elevation for storage is 1,479 feet
above sea level. The Skinner Treatment Plant, located at the reservoir, has a treatment
capacity of 340 million gallons per day (mgd). These facilities are located in Riverside
County south of Winchester.
,-
Authority Facilities
The Authority takes delivery of water from MWD in the five pipelines of the San Diego
Aqueducts approximately six miles south of the Riverside/San Diego County line. It is
then delivered to 23 retail water agencies in San Diego County. The five pipelines are
routed within two rights of way known as the First and Second San Diego Aqueducts.
Twenty-three reservoirs with a combined maximum storage capacity of 571,671 AF in San
Diego County are used primarily for water storage and are owned and operated by 12 of the 23 retail water agencies. The Authority does not own or operate any storage
facilities, however it does have the contractual right to store up to 40,000 AF in San
Vincenete Reservoir. An additional 20,000 AF of storage capacity in City owned reservoir
is available to the Authority upon agreement by the City of San Diego. The Authority pays
the member agencies on a per AF basis for storage privileges as well as pumping costs.
Deliveries and Rates
The Authority aqueducts received 559,568 AF from MWD during Fiscal Year 1990-91. Untreated water accounted for 376,462 AF, with the balance of 183,106 AF consisting of
treated water from the Skinner Treatment Plant in Riverside County.
In Fiscal Year 1990-91, the MWD rate for untreated, non-interruptible water was $197 per
AF. The MWD treated water rate was $230 per AF for the same period. Treated water
is delivered to agencies that do not have treatment facilities or agencies with treatment
facilities having limited service areas. The Authority’s surcharge was $40 for untreated
water and $47 for treated water in Fiscal Year 1990-91.
Highest Historical Water Demand
In Fiscal Year 1947-48, the Authority began delivering water to its customers. A total of
41,094 AF of water was delivered. Since this time, Authority water deliveries has steadily
increased due to population growth as well as increased agricultural development in San
Diego County.
In Fiscal Year 198990, water use within the Authority’s service area reached a historic
high of 646,645 AF (Table 1). As population continues to increase in San Diego County,
water demands are expected to further increase. For the purposes of future planning
water use projections have been made. For the purpose of the Contingency Plan, MWD’s
procedure for calculating IICP, adjustments for growth was used. This procedure resulted
in an average adjustment in demand of 2.5% per year (Table 2).
.
TABLE 1
SAN DIEGO COUNTY WATER AUTHORITY
HISTORIC HIGHEST WATER USE
FISCAL YEAR 1989-90
Source Acre-Feet
Local 33,200
Acre-Feet
Agriculture 122,297
Imported 613,445
TOTAL 646,645
Urban 524,348
TOTAL 646,645
,-
6A
III. WORST CASE WATER SUPPLY AVAltABlLITY FOR 12,24 AND 36 MONTHS L
CWfomia Wafer Code Section 10637. (e) (2) An estimate of fhe minimum water suppty
avaikble at the end of 72, 24, and 36 months, assuming the worst case water supply
shortages.
During Fiscal Year 1990-91, Authority water deliveries from MWD were reduced due to
conditions resutting from five continuous drought years. The Authority requested its
member agencies to reduce their water consumption first by 10% in December 1990, then
by 15% in February 1991, and then by 31% in March 1991. In order to reach the
increasing reduction goals, the Authority launched an aggressive water conservation
campaign including several short and long term water conservation programs. In
addition, the Authority’s member agencies also implemented various water conservation
programs which assisted in reducing water consumption within the Authority’s service
area.
In February 1991, DWR announced that State Water Project deliveries to MWD would be
reduced by 90% due to continuing drought conditions. In addition to water received from
the SWP, MWD receives water from the Colorado River via the Colorado River Aqueduct.
Water supply projections were made and it was determined by MWD that a 50% reduction
in water deliveries to its member agencies would be necessary (Table 2).
The Authority in turn determined that a 50% reduction in water deliveries by its member
agencies was necessary and was scheduled to begin on April 1, 1991. At this point the Authority declared a water emergency and implemented a water emergency ordinance.
Authority water delivery projections were made based on the 50% supply reduction and
are shown in Table 2.
Improvements in California’s water supply outlook as a result of a series of storms in
March allowed the Authority to revert to a 20% reduction level instead of a 50% level.
A 90% reduction in water deliveries from DWR was the worst water supply shortage that
the Authority has ever been faced with. As a result of this the Authority amended its
water emergency ordinance to encompass a 50% reduction in water use.
IV. STAGES OF ACTION
California Wafer Code Section 10631. (e) (3) Sfages of action fo be under&ken by fhe
urban wafer supplier in response fo wafer supply shortages, including up fo a 50 peroent
reduction in wafer supply, and an outline of specific wafer supply condifions which are
applicable to each sfage.
SAn Diego County Water Authority Emergency Ordinance No. 91-l
In 1989, the Authority formed a committee consisting of representatives from the member
agencies charged with developing a “model’ water supply emergency ordinance that
would serve as a basis for drafting individual member agency ordinances.
In 1991, the Authority Board of Directors decided that the ordinance did not allow the
member agencies sufficient flexibility in setting restriction requirements.
Ordinance No. 91-1 entitled “Declaring the Existence of a Water Shortage Emergency
Condition and Establishing Procedures to Preserve and Allocate Available Water Supplies”
was adopted by the Authority on March 14, 1991 (Appendix B). The ordinance outlines
recommended stages of water delivery restrictions that range up to a 50% reduction,
water use prohibitions, monthly allocations, and penalties for excessive water use.
This ordinance was revised to include a matrix of water use response stage actions that
outlined specific water use prohibitions. Ordinance 91-4 was adopted on June 25, 1991,
and was in effect during the summer of 1991 (Appendix C).
The ordinance has undergone a number of refinements and is now titled Ordinance 916
_ which was adopted on September 20, 1991 (Appendix D). The Authority is currently
under stage IV of this ordinance.
Contingency Resolution or Ordinance
Ordinance 91-6 sewes as the Authority’s water shortage ordinance which complies with
the requirements of the urban water shortage contingency plan (Appendix 0).
Supply Shortage Triggering Levels
Drought response stage actions become effective when it is declared that the Authority
is unable to provide sufficient water supplies to meet the ordinary demands and
requirements of its member agencies without depleting available water supplies to the
extent that insufficient water would be available for human consumption, sanitation, and
fire protection.
This declaration would “trigger” the implementation of the Authority’s drought response
actions. The Authority has six drought response stages and one water emergency
response. What action is taken would be dependent on the severity of MWD’s and local
water supply stiortage (Appendix 0). It is anticipated that MWD will continue to use its
Incremental Interruption and Conservation Plan (IICP) to indicate the needed levels of
consumption reductions. The Authority would in turn establish reduction levels for its
member agencies. The reduction levels included in the IICP vary from 10%~50% in water
deliveries and consumption (Appendix E).
Another instance that would “trigger” the implementation of drought response stage
actions would be a pipeline break. What drought response stage action to take would
depend on where the break is located and its severity.
9
V. MANDATORY PROHIBITIONS ON WATER USE
CaMomia Wafe&ode Secfion 70637. (e) (4) Mandatory provisions to reduce wafer use
which include prohibitions against specifk waste&l practices, such as gutter flooding.
Ordinance 91-6 contains drought response stage actions that include guidelines for
banning indoor and outdoor wasteful water use practices (Appendix 0). These guidelines
provide the Authority’s member agencies with water use restriction specifications for
residential, commercial, industrial, agriculture customer classes. As the response stage
actions increase in water reduction levels (10-50%), the guidelines become more
stringent. The Authority can request that its member agencies adopt the drought
response stages contained in the emergency ordinance, but it is up to the individual
member agencies to enforce them in their service area.
10
VI. CONSUMPTION LIMITS I
California Water Code Section 70631. (e) (5) Consumption limits in the most restrictive
stages. Each urban wafer supplier may use any type of consumption limit in its water
shortage contingency plan that would reduce water use and is appmpri~fe for its area
Gcamples of consumption limits that may be used include, but are not limited to,
percentage reductions in wafer allotments, per capita albcations, an increasing block rate
schedule for high usage of water with incentives for conservation, or restrictions on
specific uses.
The MWD’s IICP was adopted on December 11, 1990 as the means of allocating water
in a staged fashion to its member agencies during drought conditions (Appendix E). The
IICP establishes monthly targets for each of MWD’s member agencies based on water
taken from MWD in the same month of the 1989-90 base year. Adjustments are made
to reflect growth rate, changes in local supplies, and significant conservation programs.
The Authority adopted a procedure and method by which MWD’s IICP target to the
Authority is established as monthly allocations for each of the Authority’s member
agencies (Appendix F). Allocations are based on the drought response stage the
Authority is operating under,
Since the Authority is a water wholesaler, it is the decision of the individual member
agencies to decide how to prioritize and allocate water to their retail customers.
11
VII. PENALTIES FOR EXCESSlVE USE .
California Wafer Code Section 10631. (e) (6) Penalties of charges for BxcBssjyB use.
As indicated in the IICP, each of MWD’s member agencies is assigned a monthly water
allocation. Agencies who do not use all of their allocation may receive an incentive
payment based on how far their water use is below their allocation. Agencies who
exceed their monthly water allotment will receive a surcharge on the amount used over
their allocation (Appendix E).
Emergency ordinance 91-6 indicates that should MWD levy any surcharges against the
Authority, the amount of ?he surcharges will be shared among the Authority’s member
agencies that received more than their monthly water allocation (Appendix 0).
12
VIII. ANALYSIS OF l?EVENUE AND EXPENDITURES IMPACTS
Califomia Wafer &de Secfion 10631. (e) (7) An ana&sis of fhe impacts of fhe p&n on Um
revenue and expenditures ot fhe urban wafer suppiier, and proposed measures fo
overcome those impacfs, such as fhe development of resew= and rate adjusfmenfs.
The Authority receives revenue from water sales. If these revenues are less than required
to meet the Authority’s financial obligations, monies from the Rate Stabilization Fund will
be utilized. If these monies are not sufficient, revenue enhancement options would be
reviewed and appropriate responses implemented.
In the event of a water emergency Ordinance 91-6 would be activated and or modified
to respond to the level of shortage. At this time drought response stage actions would
go into effect, and the Authority would be operating on a decreased level of revenue due
to the reduction in water sales. The amount of decreased revenue would depend on the
response stage action that the Authority would be operating under. An analysis of
potential revenue effects compared to expenditures at each response stage action is
shown in Tables 3 through 6.
13
TABLE 3
San Diego County Water Authority Potential Revenue Effects of Drought
Year : 1991
102 15Z 20x 30x 4oz 5oz Acre Feet: Treated 269,265 254,306 239,347 209,428 179,510 149,592 Untreated 303,639 286,770 269,901 236,164 202,426 168,688
Rate: Treated Untreated 277 277 277 277 277 277 237 237 237 237 237 237
Gross Water Revenue 146,548,848 138,407,252 130,265,656 113,982,424 97,699,232 81,416,040
Cost of Sales 121.747.833 114.984.070 108,220,307 94,692,748 81.165.222 67.637.696 Rate: Treated 230 230 230 230 230 230 Untreated 197 197 197 197 197 197
Operating Expenses 14.816.000 14,816,OOO 14,816,OOO 14,816,OOO 14,816,OOO 14,816,OOO Operating Income 9.985.015 8,607,182 7.229.349 4,473,676 1.718.010 (1.037.656) Interest Income 299,550 258,215 216,880 134,210 51,540 0
jtal 10.284,565 8,865,397 7,446,229 4.607.886 1.769.550 (1,037,656)
13A
TABLE 4
San Diego County Water Authority Potential Revenue Effects of Drought Year: 1992
ioz 152 202 Acre Feet: Treated 274,066 258,840 243,614 Untreated 309,053 291,884 274,714
Rate: Treated 323 323 323 Untreated 277 277 277
Gross Water Revenue
301 4oz soz
213,162 182.711 152,259 240,375 206,035 171,696
323 323 323 277 277 277
174.130.999 164,457,OSO 154,783,100 135,435,201 116,087,348 96,739,449
Cost of Sales 140,140,992 132,355,377 124.569.762 108.998.532 93,427,341 Rate: Treated 261 261 261 261 261 Untreated 222 222 222 222 222
Operating Expenses 18,308,672 18,308,672 18,308,672 18.308.672 18.308.672 Operating Income 15,681,335 13,793,OOl 11,904,666 8,127,997 4,351,335 Interest Income 470,440 413,790 357,140 243,840 130,540
,tal 16,151,775 14,206,791 12,261,806 8,371,837 4,481,875
779856,111
261 222
18,308,672
574,666
17,240
591,906
13B
TABLE 5
San Diego County Water Authority Potential Revenue Effects Year? 1993
1oz 1sz
Acre Feet: Treated 276,147 260,806 Untreated 311,400 294,100
Rate: Treated 373 373 Untreated 327 327
Gross Water Revenue
of Drbught
204,830,631 193.451.175 182,071,672 159,312.713 136,553,754 113,794,795
Cost of Sales 164,707,047 Rate: Treated 301 Untreated 262
Operating Expenses 199224,106 Operating Income 20,899,478 Interest Income 626,984
ta1 21,526,462
201 3oz 401 soz
245,464 214,781 184,098 153,415 276,800 242,200 207,600 173,000
373 373 373 373 327 327 327 327
155,556,675 146,406,264 128,105,481 109,804,698 91,503,915
301 301 301 301 301 262 262 262 262 262
19,224,106 19,224,106 19,224,106 19,224,106 19,224,106
18,670,394 16,441,302 11,983,126 7,524,950 3,066,774
560,112 493,239 359,494 225,749 92,003
19.230.505 16,934,541 12,342,620 7,750,699 3,158,777
13c
TABLE 6
San Diego CountycWater Authority Potential Revenue Effects of Drought Year: 1994
1oz 15x 20x 30x 40z soz Acre Feet: Treated 278,296 262,835 247,374 216,452 185,531 154,609 Untreated 313,823 296,389 278,954 244,085 209,215 174,346
Rate: Treated Untreated 423 423 423 423 423 423 377 377 377 377 377 377
Gross Water Revenue 236,030,479 222,917,670 209,804,860 183,579,241 157,353,668 131,128,049
Cost of Sales 189,673,482 179.136.062 168,598,642 147,523,802 126,449,OOl 105,374,161 Rate: Treated 341 341 341 341 341 341 Untreated 302 302 302 302 302 302
Operating Expenses 20.185.311 20.185.311 20,185.311 20,185,311 20,185,311 20,185,311 Operating Income 26,171,686 23,596,297 21,020,907 15,870,128 10,719,356 5,568,577 Interest Income 785,151 707,889 630,627 476,104 321,581 167,057
jtal 26,956,837 24,304,185 21.651.534 16,346,232 11,040,937 5,735,634
13D
IX. IMPLEMENTATldN OF THE PLAN
Califbmia Wafer Cod Section lU631. (e) (8) A d&t water shortage mnthgency msohtim of ordinance to carry cut the urtm water shortage contingency plan.
Ordinance 91-6 (Appendix D) has been enacted and is in force to respond to the current
level of shortage. It will be modified by the Board of Directors in response to changing
conditions.
14
X. WATER USE MONITORING PROCEDURES *
California Water Code Section 70637. (e) (9) A mechanism for determining actual
reductions in water use pursuant to the urban water shortage contingency plan.
Using statistics gathered and analyzed on a daily basis, the Authority prepares monthly
reports that monitor water deliveries, water use, and available reservoir storage for all its
member agencies. These totals are used for the purpose of: determining water use
projections, tracking water use reduction levels, monitoring supply levels, and other areas
dealing with the regions water supply.
15
h
XI. PLAN ADOPTIOiJ STANDARDS
California Water Code Section 70621. (a) Each urban water supplier shall, not later than
January 31, 1992, prepare, adoa and submit to the depamnent an amendment to its
urban water management plan which meets the requirements of subdivsion (e) of Section
10631.
Information not available at this time.
California Water Code Section 70642. Prior to adopting a plan, the urban water supplier
shall make the plan available for public inspection and shall hold a public hearing
thereon- Prior to the hearing, notice of the time and place of hearing shall & published
within the jurisdiction of the publicly owned water supplier pursuant to California Water
Code Section 6066 of the Government Code. A privately owned water supprier shall
provide an equivalent notice within B-s sewice area After the heating, the plan shall be
adopted as prepared or as modrfied after the hearing.
Information not available at this time.
California Water Code Section 10656 An urban water supplier that does not submit an
amendment to its urban water management plan pursuant to subdivision (a) d Sectrbn
10621 to the department by January 31, 1992, is ineligible to receive drought assistance
from the state until the urban water management plan is submitted pursuant to Article 3
(commencing with Section IOMO) of Chapter 3.
. Information not available at this time.
16
APPENDIX A
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APPENDIX 8
ORDXNANCE NO. 91-1 .
ORDINANCE OF THE SAN DIEGO COUNTY WATER AUTHORITY ("AUTHORITY") DECLARING THE EXISTENCE OF A WATER SHORTAGE EMERGENCY CONDITION AND ESTABLISHING PROCEDURES TO PRESERVE AND ALLOCATE AVAILABLE . WATER SUPPLIES
WHEREAS, unprecedented weather conditions have resulted in four consecutive years (1987, 1988, 1989, 1990) of below normal precipitation and run-off resulting in a severe drought; and
WHEREAS, it appears likely that the current year will, without abnormal wet conditions during the remainder of the year, result in the driest year on record; and
WHEREAS, the service area of the Authority includes 98% of the population and assessed valuation of San Diego County, which is dependent upon the Authority for more than 90% of all water used for beneficial purposes; and
WHEREAS, the Authority is completely dependent upon deliveries of imported water from the Metropolitan Water District of Southern California (MWD) for water to be delivered by it to its member agencies; and
WHEREAS, MWD is dependent on water deliveries imported from the State Water Project, operated by the Department of Water . Resources, and the Colorado River, controlled by the Bureau of Reclamation, for the water supplies which it delivers to the Authority and its 26 other member agencies in Ventura, Los Angeles, San Bernardino, Riverside and Orange Counties; and
WHEREAS, MWD has been notified by the Department of Water Resources that State Water Project deliveries to it will be reduced 90 percent, and by the Bureau of Reclamation that deliveries will approximate one-million acre feet; and
WHEREAS, local water supplies available to other MWD member agencies have been reduced by the drought; and
WHEREAS, ordinary demands upon MWD are expected to exceed available supplies in such amounts as to require reductions in use of approximately 50%; and
WHEREAS, by Resolution 90-59 the Authority authorized and directed the General Manager to implement, according to the guidelines set forth in his letter dated November 29, 1990, the Incremental Interruption and Conservation Plan (IICP) of MWD which was adopted on December 11, 1990; and
1
-
WHEREAS, by motion at its regular meeting on February 14, 1991, the Authority adopted a "Drought Response Plan" to reconcile and coordinate drought management programs and implementation of the IICP; and
WHEREAS, MWD has, in view of the severity of the drought, determined as of March 4, 1991, that Stage VI of its Incremental Interruption and Conservation Plan shall become effective on April 1, 1991, which targets a reduction in deliveries to member agencies of approximately 50% of 1989-90 deliveries subject to minor adjustments for loss of local supplies, prior conservation efforts, and growth; and
WHEREAS, local supplies are gravely insufficient to augment the expected shortfall from MWD in imported water deliveries; and
WHEREAS, Governor Wilson on February 1, 1991, issued an executive order creating an Emergency Drought Action Team, with the Director of Department of Resources as its Chairman, to develop plans and procedures to minimize and deal with the drought conditions; and
WHEREAS, it is considered critical for the well being of the citizens within the Authority that all existing water supplies be husbanded and future available imported supplies be fairly and uniformly allocated among the Authority's member agencies so that water, essential for domestic use, sanitation and fire protection, will remain available throughout the duration of the drought; and
WHEREAS, mandatory restrictions on the use and delivery of water by the Authority have never previously been adopted, but experience by other public agencies within the state facing severe limitations (i.e. reductions over 30%) on available water supplies has demonstrated that prohibitions on certain uses, adjustments to pricing structures, and limitations on deliveries of water have been found necessary to preserve water supplies for essential services and allocate remaining supplies in a fair and uniform manner; and
WHEREAS, in order to accomplish this goal and also apply uniform rules throughout the Authority‘s service area for other beneficial uses of water, it is deemed necessary to establish rules and regulations which contain restrictions and priorities in the use of water, and
WHEREAS, the Authority is the only regional public agency with available imported water supplies which are so critically necessary and which must be allocated to all citizens according to rules and restrictions, as fair and as equitable as can be, with particular regard for domestic, sanitation and fire protection; and
WHEREAS, the Authority has solicited and received advice from its member agencies, community, business, and professional organizations, and received comments from such entities and members of the public at a special meeting held on March 7, 1991, at 2:00 p.m., and at a public hearing held on March 14, 1991, at I:OO p.m.; and
WHEREAS, this action is the result of the unexpected occurrences, above described, which involve clear and imminent danger demanding immediate action to mitigate damage to life, health and property from the loss of an essential public service - the delivery of public water supplies, and, therefore, it is exempt from the provisions of the California Environmental Quality Act (Public Resources Code Sections 21080 (b) (4), 21060.3; Title 14, California Code of Regulations, Section 15269(c));
NOW, THEREFORE, the Board of Directors of the San Diego County Water Authority (l'Authorityl@) hereby Determines, Declares, Ordains, and Orders, as follows:
SECTION I. DECLARATION OF WATER SHORTAGE -GENCY CONDITION.
It is hereby determined and declared that, based upon the foregoing recitals, the Authority is unable to provide sufficient water supplies to meet the ordinary demands and requirements of its member agencies without depleting available water supplies to the extent that insufficient water would be available for human consumption, sanitation, and fire protection.
Consequently, a water shortage emergency condition prevails within the service area and boundaries of the Authority which requires adoption of rules, regulations, and restrictions on the delivery and consumption of water within the Authority.
SECTION II. RESTRICTIONS UPON DELIVERY AND CONSUMPTION OF WATER.
The following restrictions shall apply to all users of water within the Authority and shall become effective at 8:00 a.m. on Monday, April 1, 1991. Each member agency shall adopt said restrictions to become effective at said time, or as soon thereafter as possible, within their respective service areas.
A. Definitions
1. "Active park and school ground areas" means areas designated by public agencies and private schools for specific sporting and recreational activities and areas
2.
3.
4.
5.
6.
7.
8.
traditionally used for active play or recreation where turf is an integral part of the activity.
"Conservation offsetl# means the implementation of proven conservation techniques which, when installed, will result in a reduction equal to demand of the proposed use. Calculation of demand and saving shall be performed or verified by the member agency or the General Manager based upon non-drought conditions.
“Fire Protection" means actions for prevention or suppression of fires as directed by the Fire Marshal or Fire Prevention officer with jurisdiction over the local area involved.
"Greywater" means household wastewater other than toilet water, i.e., water from the laundry, shower, tub, bathroom and kitchen sinks. Its use is presently prohibited by the San Diego County Department of Health Services. The exception mentioned for greywater in Section II, C (1, d) and (4) depends solely upon approval of such use by the San Diego County Department of Health Services according to issued rules and regulations.
"Micro irrigation systems/equipment" means low pressure,low volume methods of water application. These devices include drip emitters, T-tape, microsprayers, mini-sprinklers, twirlers, and spaghetti tubing. Pop-up sprinklers are not considered low- volume, low pressure irrigation systems/equipment.
"Potable Water" means water delivered by a member agency which meets drinking water standards or water delivered by the Authority.
"Reclaimed water" means water which, as a result of treatment of wastewater, is suitable for a direct beneficial use or controlled use that would not otherwise occur. See, Water Code, Section 13050(n).
"Recreational and Ornamental Lakes and Ponds" means bodies of water which are not swimming pools, water storage reservoirs for potable water or irrigation
purposes, or pools which maintain rare plant or animal species.
B. Ge neral
All water users are expected to minimize potable water use for the duration of the drought emergency. Monthly allocations to member agencies pursuant to Section IV,
4
infra, will require substantial reductions in use which, on average, are expected to reach fifty percent.
Indoor uses will, in general, be reduced by such practices as fewer and shorter showers and baths, no running water while brushing teeth and shaving, full loads in dish and clothes washers, avoidance of unnecessary toilet flushing, frequent checking and repair of leaks, and other conservation practices.
c. pt s o itions.
1. z , aof .
Irrigation of turf is prohibited except under the following circumstances:
a.
b.
C.
d.
e.
for active public park and school ground areas no more than twice weekly;
at day care centers where required by license no more than twice weekly;
for purposes of maintaining public safety (such as fire protection); and
when using reclaimed water, greywater, or private well water.
At public parks, where trees and shrubs are interspersed amidst turf supported by the same irrigation system provided the area of irrigation is within the drip line of each tree or shrub and irrigation is no more than once every two weeks.
2. . . Irriaation of Ground Covey.
Irrigation of ground cover is prohibited except under the following circumstances:
a. for fire protection;
b. where trees and shrubs are interspersed amidst ground cover supported by the same irrigation system; and
C. for preservation of existing ground cover which is designed to stabilize slopes.
Irrigation of ground cover as allowed under Section II (C) (2) (b) and (c) is restricted to once every 14 days.
5
3.
4.
5.
. . riaation of Trees and Shrubs. Includinq A . 4q
Outside irrigation of trees, shrubs, and other plants which are not turf or ground cover, is allowed only by hand-held hose with positive shutoff nozzle, bucket, or micro irrigation systems/equipment. Sprinkler systems may only be used for agricultural production, watering active public park and school ground areas, maintenance of ground cover in accordance with section II (C) (2), and for purposes of maintaining public safety (such as fire protection).
3 * l at'
No outdoor irrigation shall occur between 9 a.m. and 4 p.m., except when using a micro irrigation system/equipment, or for agricultural production, or when using reclaimed water, greywater or private well water. Anyone using such alternative water sources shall post signs along public rights of way noticing the type of usage.
Hosina or SDravincr of Paved or Hard Surfaces
Hosing paved or hard surfaces including but not limited to sidewalks, driveways, patios, streets and parking areas is prohibited except for compelling public health and safety reasons. Allowed hosing activities shall be done only with a hose equipped with
a positive shutoff nozzle.
Spraying hard surfaces during irrigation activities is prohibited.
6. P unoff an ReDairina of Leaks. d
All runoff except natural runoff from property is prohibited. Leaks to irrigation and plumbing systems shall be immediately repaired.
Filling of new residential pools and spas is prohibited except under the following circumstances:
a. where the owner can produce and demonstrate a conservation offset; or,
b. where the owner can produce evidence that private well water will be utilized.
6
Draining of existing pools is under orders of the appropriate building official.
prohibited except local health or
8. pet eat' a a ion 1 nd Ornamental 7,akes and Ponds. r
Recreational and ornamental lakes and ponds may not be filled or refilled except with reclaimed water or other non-potable water. Lakes and ponds utilizing reclaimed water or other non-potable water must post signs noticing such usage.
9. Golf Course . . Irriuation .
Golf courses may use potable water supplied by a member agency only to irrigate tees and greens. Irrigation of fairways and roughs with potable water or any blend thereof is prohibited. Golf courses irrigating with reclaimed water or other non-potable water shall post signs noticing such usage.
10. Restaurants
Restaurants shall serve water only upon request.
11. Ornamental Fountains
Operation of ornamental fountains is prohibited except when non-potable or reclaimed water is used and where signs are posted notifying such use.
12. Washins
Washing of vehicles is prohibited except:
a. in commercial carwashes;
b. commercial vehicles for reasons of public health and safety;
C. where water has been salvaged from indoor use, e.g. warmup water from showers, sinks, and/or lavatories; or
d. by a mobile high-pressure/low volume service.
13. PJew Services
Except as to property for which a building permit has been heretofore issued, no new potable water service shall be provided, no new temporary meters or permanent meters shall be provided, and no commitments (such as, will serve letters, certificates or letters
of.availability) to provide potable water service shall be issued, except for the following circumstances:
a. the commitment includes a notice that a water shortage emergency condition prevails resulting in a water moratorium and no water service is currently available;
b. for projects necessary to protect the public's health, safety, and welfare;
C. when it can be demonstrated that no net increase in water use will occur; or
e. when a conservation offset is provided.
D. LandscaDe Manauement Plan%.
If a member agency has met its monthly allocations pursuant to Section IV for two consecutive months, it may approve a landscape management plan prepared by a licensed landscape architect or landscape contractor which demonstrates that no net monthly increase in water use for the property served will occur. In addition, the property to be served must have been in compliance with the prohibitions in Section II (C) prior to submission of the plan.
E. Member Auencv Anpeal Process.
Each member agency shall establish an appeal process whereby retail customers may submit requests for consideration of special circumstances, including unusual hardships. Special regard shall be given for domestic uses, sanitation and fire protection, and uniform rules for other users.
SECTION III. SUBSTANTIAL COMPIJANCE. SURCHARGE FOR FAILURE TO COMPLY. COMPLIANCE MEASURES.
A. Substantial Comnliance.
A member agency may submit to the General Manager requests to make minor modifications to the water restrictions provided for in Section II. The General Manager shall promptly notify the member agency whether such modifications are deemed substantially equivalent or more severe in water use impacts. If so, such modifications shall be approved; otherwise, in the General Manager's sole discretion the request shall be denied.
B. . Surcharue for Fallwe to Ad-t . c
Failure by a member agency to adopt the restrictions set forth in Section II, or restrictions which have been approved by the General Manager will result in a surcharge on such member agency's water deliveries commencing April 15, 1991. The surcharge shall be $200 for each acre foot of water delivered by Authority to the member agency until such water use restrictions are adopted.
C. Hember Comaliance Measures .
Each member agency shall take such actions and adopt such measures as it considers appropriate to secure compliance by its retail consumers of the water use restrictions applicable within its service area. The Authority will participate, as requested, to the extent it can in furnishing assistance and coordinating guidelines for use by member agencies.
SECTION IV. VONTWCATIONS TO -ER AGENCIES.
A. Amounts.
MWD's Incremental Interruption and Conservation Program (IICP) was adopted as the means of allocating water to its member agencies during drought conditions. The IICP establishes monthly targets for each of MWD's member agencies based on water taken from MWD in the same month of the 1989-90 base year. Adjustments are to be made to reflect growth, changes in local supplies, and significant conservation programs.
The Authority, by Resolution 90-59, adopted a procedure and method by which MWD's IICP target to the Authority is established as monthly allocations for each of the Authority's member agencies. All provisions for adjustment which apply to the Authority shall apply to Member Agency allocations as provided by Resolution 90-59. The General
Manager shall notify each member agency of its monthly allocation, the basis for its calculation, and when changes in MWD's IICP conservation level are proposed and acted upon.
Each member agency shall implement programs necessary to reduce delivery requests of the Authority to comply with its monthly allocation. The General Manager will provide status reports during the month and a formal accounting to each member agency as part of the regular billing process.
B. A' nd Modifications to Monthlv All diust ments a ocations. L
The General Manager shall make such adjustments and modifications in the monthly allocations (on a daily, weekly or other basis if appropriate) as may be necessary and appropriate to pass through to member agencies any increases or decreases in deliveries received by the Authority from MWD.
SECTION V. SURCHARGES AND INCENTIVES FOR MONTHLY WATER ALIX)CATZONS*
A. Amounts.
Commencing February 1, 1991, each member agency delivered less water than its monthly allocation shall receive an incentive credit of one-half MWD's untreated, non- interruptible rate rounded to the nearest dollar (currently $99) for each acre foot under its allocation. Each member agency delivered more water than its monthly allocation shall be surcharged twice the MWD untreated, non- interruptible rate (currently $394) for each acre foot over its allocation.
B. IQ* urn ‘0
Surcharges and credit incentives shall be calculated monthly and debited or credited to the member agency's regular monthly statement. As of September 30, 1991, each member agency's account for surcharges and credit incentives as provided in this section shall be cumulated on a per acre foot basis. The net financial impact shall be adjusted accordingly. That is, if a member agency is delivered 1,000 acre feet in excess for one month and reduces deliveries for another month 1,000 acre feet below the monthly allocation as may have been adjusted, then the financial impact on such member agency will be zero.
C. prod’ ifi tlon f Surcharaes and Incentives. ‘ca ’ 0
If MWD modifies the amount or condition of the surcharge and incentive payments in its IICP, the General Manager shall notify the member agencies and pass through all changes. The General Manager shall implement such modified changes immediately upon their imposition upon the Authority, and no further action of the Board of Directors shall be required.
10
SECTION VI. pELIVERY RESTRICTIONS . a
A. .
The General Manager shall, in a timely and appropriate manner, notify each member agency about the differences between monthly allocations and actual deliveries. If the differences indicate that a member agency is unlikely to be able to meet its monthly allocations, a warning notice shall be given.
B. Reductiou.
Any member agency which is more than 55 over its monthly allotment on April 30, 1991, shall be given notice by the General Manager. The notice shall specify the amount of the overage, offer specific assistance in developing an action plan, and advise of the specific consequences of a failure to reduce demands. Deliveries will be monitored on a daily basis.
Beginning May 1, 1991, member agencies which have not reduced deliveries to within 59 of monthly allocations shall have their daily deliveries reduced by the General Manager in a manner estimated to result in attainment of monthly allocations.
C. Adiustments.
The General Manager may make adjustments in deliveries to a member agency because of special circumstances or to protect the ability of the member agency to meet its needs for domestic use, sanitation, and fire protection.
Particular regard will be given to domestic use, sanitation and fire protection. Also, consideration will be given to pertinent matters designed to avoid discrimination between consumers using water for the same purpose and to promote uniformity in the beneficial uses made of water within the boundaries of the San Diego County Water Authority.
SECTION VII. CALIFORNIA ENVIRONMENTAL OUALITY ACT fC EOA).
The General Manager shall cause to be filed a notice of exemption from CEQA for the actions taken by this Ordinance in accord with section 21152(b) of the Public Resources Code, Sec. Title 14, California Code of Regulations 15062.
11
SECTION VIII., BpPEALS.
A. &Weals Board.
There is hereby created an Appeals Board consisting of five members, to wit: Directors Anderson, Brannon, Krauel, Mason and Omsted. The following five directors shall serve as alternate members, to wit: Directors Hollingsworth, Parker, F. Thompson, Tinker, and Turner. There is delegated - to the Appeals Board the full authority of the Board of Directors to consider and resolve all appeals lodged by member agencies with the Executive Secretary.
B. .
Each member agency may file with the Executive Secretary a request to have the Appeals Board review any action taken by the General Manager hereunder. Representatives of the member agency may appear before the Appeals Board and present such testimony and documentation considered appropriate for a proper understanding and evaluation of the - claims and basis for the appeal.
The General Manager shall arrange for such counter presentation considered appropriate for the Appeals Board to fully comprehend all aspects relative to the decision which is the subject of the appeal.
C. Procedure - Decisions.
. The Appeals Board shall meet as soon as practical but no later than 5 business days after a request is made by a member agency, if desired by the member agency. The Chairman of the Board shall designate a person to be the presiding member of the Appeals Board. No member of the Appeals Board shall participate in or act upon any appeal by the member agency he or she represents. The Appeals Board, with the advice of General Counsel, shall establish fair and reasonable procedures for hearing the appeal and reviewing determinations by the General Manager.
The Chairman shall appoint alternates to serve in the case of any appeal which a member is disqualified or unable to attend. Consistent with circumstances relative to the nature of the appeal, the Appeals Board shall conduct the appeal and render its decision as expeditiously as practical. The decision shall be in writing briefly describing the pertinent circumstances for the appeal, and the basis for the decision. General Counsel may prepare a draft, pursuant to oral instructions from the Appeals Board, but each member of the Appeals Board must either approve or - dissent in writing. The decision of a majority of the Appeals Board shall be the final decision on the subject of the appeal.
12
SECTION IX. RESERVED DISCRETION.
The Board of Directors hereby reserves its legislative discretion to modify any of the provisions hereof as changed circumstances may warrant. The provisions herein are considered to be temporary and will be revoked as soon as the water shortage emergency condition ends. Modifications to increase or decrease restrictions or water allocations will be made as deemed necessary and appropriate. The General Manager shall keep the Board advised about matters pertinent to drought conditions, MWD deliveries, Authority deliveries to member agencies, appeals, and the nature and extent of other emergency conditions.
SECTION X. SUPERSEDURE.
If any provisions of this ordinance are inconsistent with previous actions of the Board pertaining to plans to respond to drought conditions, the provisions hereof shall supersede such inconsistent provisions.
SECTION XI. SUNSET PROVISION.
This ordinance, unless sooner terminated by the Board, shall terminate September 30, 1991, unless prior to said date the Board acts to extend it.
SECTION XII. LEGAL BASIS FOR ACTIONS.
The foregoing rules, regulations and restrictions are taken pursuant to Article X, section 2, of the California Constitution and the legislative powers delegated to the Authority by Section 5(11) of the County Water Authority Act (West's Water Code, Appendix, Section 45) and Sections 350 through 357 of the Water Code providing for declaration of water shortage emergencies.
PASSED, APPROVED AND ADOPTED, this 14th day of March, 1991.
Board of Directors
13
I, Kim Laru, Acting Executive Secretary of the Board of Directors of "the San Diego County Water Authority, do hereby certify that the above and foregoing is a full, true and correct copy of said resolution of said Board and that the same has not been amended or repealed. .
Acting Executive Secretary Board of Directors
v.w*sm 2 SW., snrrm I i
..ATER POLICY COWWl'TEE AGENDA ITEM NO. 4
Attachment
DRAFT’
SAN DIEGO COUNTY WATER AUTHORITY
URBAN WATER SHORTAGE CONTINGENCY PIAN
I. BACKGROUND
Assembly Bill 11X - Urban Water Shortage Contingency Plan
The San Diego County Water Authority (Authority) has prepared a Water Shortage
Contingency Plan in accordance with Assembly Bill 11X (AB 11X). AB 11X amends Sections 10620, 10621, 10631, and 10652 of the Water Code and adds Section 10656.
This legislation became effective on October 14, 1991 ( Appendix A).
AB 11X is an amendment to the Urban Water Management Act and requires each urban
water supplier to prepare an urban water contingency plan. Current legislation requires
that the urban water management plan include a description of water supply deficiencies.
AB 11X deletes this provision and requires that the urban water management plan include an urban water contingency plan.
In compliance with this legislation, the Authority will “prepare, adopt, and submit” an urban
water contingency plan to the California State Department of Water Resources (DWR) no
later than January 31, 1992.
It is the intent of the Authority to refer to this document as an operational guideline in the event of a severe water shortage.
Coordination With Other Agencies
California Wafer Code Section 10620. (d) (2) Each u&an water supplier shall coordinate
the preparation of its urban wafer shortage contingency plan with other urban water
suppliers and public agencies in the area, to the extent ptxticable.
The Urban Water Shortage Contingency Plan was prepared in conjunction with the
Authority’s 23 member agencies. Because the Authority is the sole imported water
supplier to these agencies, water supply emergency planning must encompass all
agencies that would be affected in a water emergency situation.
San Diego County Water Authority
General
The San Diego County Water Authority was organized in June 1944, under the “County
Water Authority” Act of 1943. The organization was needed for the primary purpose of
importing water from the Colorado River to San Diego in order to augment local water
supplies.
The Authority is governed by a 34 member Board of Directors representing the 23
agencies. Each member agency is entitled to have at least one representative on the
Board of Directors. Additional representatives are appointed based on the member
agency’s total assessed valuation within the Authority’s service area.
1
The Authority consists of six cities, three water districts, one county water district, two
irrigation districts, hine municipal water districts, one public utility district, one federal
agency, and the County of San Diego as an ex-officio member. These agencies are:
Cities
Del Mar
Escondido
National City
Oceanside
Poway
San Diego
Water
Helix
aaY San Dieguito
CowrtvWaterDMlict Vallecitos
lrriaation Districts
Santa Fe
South Bay
Municipal Water Districts Public Utilitv District
Bueno Colorado Ramona Fallbrook
Carlsbad Rincon del Diablo
Ofivenhain Valley Center
Padre Dam Yuima Rainbow
Federal Aaencv Ex-Off icio
Pendleton Military Reservation County of San Diego
The Authority’s budget for Fiscal Year 1991-92 is $328.8 million. Projected spending is
as follows: capital improvements, $169.7 million; water purchases, $130 million; operating
expenses, $14.7 million; and debt service, $14.4 million.
The value of the Authority’s assets, including regional pipelines, two hydroelectric plants,
three control stations, one pump station, and other facilities, is estimated at $12.2 billion.
Area and Population
The Authority encompasses 907,006 acres (1,420.3 square miles). The population of San
Diego County is approximately 2.5 million, of which 97 percent five within the Authority’s
boundaries. The annual average growth rate within the Authority service area for the
period from 1946 to 1990 was 3.96 percent. The projected population for the Authority’s
service area is expected to increase to approximately 3.6 million by the year 2010. The
City of San Diego is the largest member agency consisting of 210,717 acres with a
population of more than 1.2 million. Yuima Municipal Water District has the smallest
population, totaling 1,820 persons.
Disaster Planning .
The Authority serves as a central coordinating body for the member agencies and with
the local, regional and State agencies in the areas of emergency preparedness and
response coordination for imported water. The Authority has developed a multi-hazard
emergency response plan that is integrated with the San Diego County Emergency Plan
and the State of California Emergency Plan. This plan covers all potential emergencies
and hazards including natural disasters, technological failures and supply emergencies.
The Authority participates in regional and State disaster training and has established a
coordinating position at the County of San Diego Emergency Operations Center (EOC).
In the event of an emergency that impacts the regional water supply, the Authority will
activate the San Diego County Water Authority Emergency Response Plan which calls for
immediate coordination and communication with all member agencies, the regional
coordinator for emergencies, and the Chief Administrative Officer of the County of San
Diego. Assigned staff will report to the Authority Emergency Operations Center to
manage emergency response and allocation operations.
The Authority will communicate and coordinate with the State water supply agencies
directly and through MWD. The Authority will serve as the coordinating agency for
communications and mutual aid operations for member agencies with MWD and the State
of California Office of Emergency Services.
II. PAST, CURRENT AND PROJECTED WATER USE (1991-94)
California Water Code Section 70637. (e) (1) Pa* current and projected water use and,
to the extenf rekotis am available, a breakdown d those uses on the basis of residential single family, residentialmuMfhmily, indusiria!, commercia!, govemmentd, and agricuttuml
US8.
The Water Authority received 559,586 acre-feet (AF) of water from MWD in Fiscal Year
1990-91. The Authority’s expected water demand in the service area is projected to
increase to about 800,000 AF by the year 2010.
Source
The Metropolitan Water District of Southern California (MWD) is the sole source of
imported water to the Authority and on average provides in excess of 90 percent of San
Diego County’s total water demand. The member agencies of the Authority used 26.9
percent of MWD’s supply in 1989-90. The Authority has a preferential right to 12.08
percent of MWD’s total supply but MWD has never invoked preferential rights as a basis
for curtailment of water deliveries.
The MWD supplies the Authority a blend of Colorado River water and State Water Project (SWP) water. Water from the Colorado River is pumped from Lake Havasu and is carried
through the 242 mile Colorado River Aqueduct. Supplies for San Diego are diverted from
the aqueduct near the west portal of the San Jacinto Tunnel into the First San Diego
Aqueduct (Map 1). A few miles west, the San Diego Canal receives water from the CaSa
Loma Canal. Pipelines 1 and 2 enter and transverse San Diego County without going
through any other major facilities.
SWP water is delivered to MWD at Lake Perris, the terminus of the 444 mile California
Aqueduct. From there, it flows through the Lakeview Pipeline to the San Diego Canal
where it is blended with Colorado River water which then flows into Lake Skinner. Water
from Lake Skinner flows directly into Pipelines 3 and 5 while Pipeline 4 carries treated
water from the Skinner Filtration Plant. In June 1990 the blend in Lake Skinner was 71
percent Colorado River water and 29 percent SWP water.
Lake Skinner is the major storage facility for the San Diego Aqueduct with a maximum
capacity of 44,000 AF of storage. The maximum water elevation for storage is 1,479 feet
above sea level. The Skinner Treatment Plant, located at the reservoir, has a treatment
capacity of 340 million gallons per day (mgd). These facilities are located in Riverside
County south of Winchester.
4
Authority Facilities
The Authority takes delivery of water from MWD in the five pipelines of the San Diego
Aqueducts approximately six miles south of the Riverside/San Diego County line. It is
then delivered to 23 retail water agencies in San Diego County. The five pipelines are
routed within two rights of way known as the First and Second San Diego Aqueducts.
Twenty-three reservoirs with a combined maximum storage capacity of 571,671 AF in San
Diego County are used primarily for water storage and are owned and operated by 12 of the 23 retail water agencies. The Authority does not own or operate any storage
facilities, however it does have the contractual right to store up to 40,000 AF in San
Vincenete Reservoir. An additional 20,000 AF of storage capacity in City owned reservoir
is available to the Authority upon agreement by the City of San Diego. The Authority pays
the member agencies on a per AF basis for storage privileges as well as pumping costs.
Deliveries and Rates
The Authority aqueducts received 559,568 AF from MWD during Fiscal Year 199091.
Untreated water accounted for 376,462 AF, with the balance of 183,106 AF consisting of
treated water from the Skinner Treatment Plant in Riverside County.
In Fiscal Year 1990-91, the MWD rate for untreated, non-interruptible water was $197 per
AF. The MWD treated water rate was $230 per AF for the same period. Treated water
is delivered to agencies that do not have treatment facilities or agencies with treatment
facilities having limited service areas. The Authority’s surcharge was $40 for untreated
water and $47 for treated water in Fiscal Year 1990-91.
Highest Historical Water Demand
In Fiscal Year 1947-48, the Authority began delivering water to its customers. A total Of
41,094 AF of water was delivered. Since this time, Authority water deliveries has steadily
increased due to population growth as well as increased agricultural development in San
Diego County.
In Fiscal Year 1989-90, water use within the Authority’s service area reached a historic
high of 646,645 AF (Table 1). As population continues to increase in San Diego County,
water demands are expected to further increase. For the purposes of future planning
water use projections have been made. For the purpose of the Contingency Plan, MWD’s
procedure for calculating IICP, adjustments for growth was used. This procedure resulted
in an average adjustment in demand of 2.5% per year (Table 2).
5
TABLE 1
SAN DIEGO COUNTY WATER AUTHORITY
HISTORIC HIGHEST WATER USE
FISCAL YEAR 1989-90
Source Acre-Feet
Local 33,200
Imported 613,445
TOTAL 646,645
Acre-Feet
Agriculture 122,297
Urban 524,346
TOTAL 646,645
6
.-
6A
III. WORST CASE WATER SUPPLY AVAILABILITY FOR 12,24 AND 36 MONTHS
California Water Code Section 10631. (e) (2) An esiimate of the minimum water supply
avaik&le at the end of 12, 24, and 36 months, assuming the worst case water suppl)’
shortages.
During Fiscal Year 1990-91, Authority water deliveries from MWD were reduced due to
conditions resulting from five continuous drought years. The Authority requested its
member agencies to reduce their water consumption first by 10% in December 1990, then
by 15% in February 1991, and then by 31% in March 1991. In order to reach the
increasing reduction goals, the Authority launched an aggressive water conservation
campaign including several short and long term water conservation programs. In
addition, the Authority’s member agencies also implemented various water conservation
programs which assisted in reducing water consumption within the Authority’s service
area.
In February 1991, DWR announced that State Water Project deliveries to MWD would be
reduced by 90% due to continuing drought conditions. In addition to water received from the SWP, MWD receives water from the Colorado River via the Colorado River Aqueduct.
Water supply projections were made and it was determined by MWD that a 50% reduction
in water deliveries to its member agencies would be necessary (Table 2).
The Authority in turn determined that a 50% reduction in water deliveries by its member
agencies was necessary and was scheduled to begin on April 1, 1991. At this point the
Authority declared a water emergency and implemented a water emergency ordinance.
Authority water delivery projections were made based on the 50% supply reduction and
are shown in Table 2.
Improvements in California’s water supply outlook as a result of a series of storms in
March allowed the Authority to revert to a 20% reduction level instead of a 50% level.
A 90% reduction in water deliveries from DWR was the worst water supply shortage that
the Authority has ever been faced with. As a result of this the Authority amended its
water emergency ordinance to encompass a 50% reduction in water use.
7
IV. STAGES OF ACTION
California Water Code Section 10631. (e) (3) Stages of action to be undertaken by the
urban water supplier in response to water supply shortages, including up to a 50 percent reduction in water supply and an outline of specific wafer supply cw?dMons which am
applicable to each stage.
SAn Diego County Water Authority Emergency Ordinance No. 91-l
In 1989, the Authority formed a committee consisting of representatives from the member
agencies charged with developing a “model” water supply emergency ordinance that
would serve as a basis for drafting individual member agency ordinances.
In 1991, the Authority Board of Directors decided that the ordinance did not allow the
member agencies sufficient flexibility in setting restriction requirements.
Ordinance No. 91-1 entitled “Declaring the Existence of a Water Shortage Emergency
Condition and Establishing Procedures to Preserve and Allocate Available Water Supplies”
was adopted by the Authority on March 14, 1991 (Appendix 6). The ordinance outlines
recommended stages of water delivery restrictions that range up to a 50% reduction,
water use prohibitions, monthly allocations, and penalties for excessive water use.
This ordinance was revised to include a matrix of water use response stage actions that
outlined specific water use prohibitions. Ordinance 91-4 was adopted on June 25, 1991,
and was in effect during the summer of 1991 (Appendix C).
The ordinance has undergone a number of refinements and is now titled Ordinance 91-6
which was adopted on September 20, 1991 (Appendix D). The Authority is currently
under stage IV of this ordinance.
Contingency Resolution or Ordinance
Ordinance 91-6 serves as the Authority’s water shortage ordinance which complies with
the requirements of the urban water shortage contingency plan (Appendix D).
Supply Shortage Triggering Levels
Drought response stage actions become effective when it is declared that the Authority
is unable to provide sufficient water supplies to meet the ordinary demands and
requirements of its member agencies without depleting available water supplies to the
extent that insufficient water would be available for human consumption, sanitation, and
fire protection.
8
This declaration would “trigger” the implementation of the Authority’s drought response
actions. The Authority has six drought response stages and one water emergency
response. What action is taken would be dependent on the severity of MWD’s and local
water supply stiortage (Appendix D). It is anticipated that MWD will continue to use its Incremental Interruption and Conservation Plan (IICP) to indicate the needed levels of
consumption reductions. The Authority would in turn establish reduction levels for its
member agencies. The reduction levels included in the IICP vary from 10%~50% in water
deliveries and consumption (Appendix E).
Another instance that would “trigger” the implementation of drought response stage
actions would be a pipeline break. What drought response stage action to take would
depend on where the break is located and its severity.
V. MANDATORY PROHIBITIONS ON WATER USE
California Water *code Section lU631. (8) (4) Mandamy pm&ions to TeducB Water us8
which include prohibitions against spci17c wast8M practices, such as gut&r tlooding
Ordinance 91-6 contains drought response stage actions that include guidelines for
banning indoor and outdoor wasteful water use practices (Appendix D). These guidelines
provide the Authority’s member agencies with water use restriction specifications for
residential, commercial, industrial, agriculture customer classes. As the response stage
actions increase in water reduction levels (lo-50°h), the guidelines become more
stringent. The Authority can request that its member agencies adopt the drought response stages contained in the emergency ordinance, but it is up to the individual
member agencies to enforce them in their service area.
10
VI. CONSUMPTION LIMITS
California Water Cud8 Section 10631. (8) (5) Consumption limits in the most r8sWtiv8
stages. Each urban Water supplier may use any type of ConSumption limit in its water
shortage t?Onting8ncy plan that would reduce water use and is appropriate for its area
Examples of c0nSumpt.b limits that may b8 used include, but ar8 not limited to,
percentage reductions in water allotments, per capita albcatbns, an increasing block rat8
schedule for high wag8 of wat8r with incentives for cons8rvation, or resbictions On
specific uses.
The MWD’s IICP was adopted on December 11, 1990 as the means of allocating water
in a staged fashion to its member agencies during drought conditions (Appendix E). The
IICP establishes monthly targets for each of MWD’s member agencies based on water
taken from MWD in the same month of the 1989-90 base year. Adjustments are made
to reflect growth rate, changes in local supplies, and significant conservation programs.
The Authority adopted a procedure and method by which MWD’s IlCP target to the
Authority is established as monthly allocations for each of the Authority’s member
agencies (Appendix F). Allocations are based on the drought response stage the
Authority is operating under.
Since the Authority is a water wholesaler, it is the decision of the individual member
agencies to decide how to prioritize and allocate water to their retail customers.
11
VII. PENALTIES FOR EXCESSIVE USE
California Water code Section 10631. (8) (6) PenaRies OT charges for excwsiw US8.
As indicated in the IICP, each of MWD’s member agencies is assigned a monthly water
allocation. Agencies who do not use all of their allocation may receive an incentive
payment based on how far their water use is below their allocation. Agencies who
exceed their monthly water allotment will receive a surcharge on the amount used over
their allocation (Appendix E).
Emergency ordinance 91-8 indicates that should MWD levy any surcharges against the
Authority, the amount of ?he surcharges will be shared among the Authority’s member
agencies that received more than their monthly water allocation (Appendix D).
12
VIII. ANALYSIS OF l?EVENUE AND EXPENDITURES IMPACTS
Calif6rnia Water Code Sectjan 10637. (8) (7) An anaJysis of the impacts of the plan on the
r8v8nue and expenditures of the urban water supplier, and proposed measims to
wercwne those impacts, such as the development d reserves and rate adjustments.
The Authority receives revenue from water sales. If these revenues are less than required
to meet the Authority’s financial obligations, monies from the Rate Stabilization Fund will
be utilized. If these monies are not sufficient, revenue enhancement options would be
reviewed and appropriate responses implemented.
In the event of a water emergency Ordinance 91-6 would b8 activated and or modified
to respond to the level of shortage. At this time drought response stage actions would
go into effect, and the Authority would be operating on a decreased level of revenue due
to the reduction in water sales. The amount of decreased revenue would depend on the
response stage action that the Authority would be operating under. An analysis of
potential revenue effects compared to expenditures at each response stage action is
shown in Tables 3 through 6.
13
TABLE 3
San Diego County Water Authority Potential Revenue Effects of Drought Year: 1991
101 15z 202 3oz 402 so1 Acre Feet: Treated 269.265 254,306 239,347 209,428 179,510 149,592 Untreated 303,639 286,770 269,901 236,164 202,426 168,688
Rate: Treated Untreated 277 277 277 277 277 277 237 237 237 237 237 237
Gross Water Revenue 146,548,848 138,407,252 130.265.656 113,982,424 97.699.232 81,416,040
cost of Sales 121.747.833 114,984,070 108,220.307 94.692.748 81,165,222 67.637.696 Rate: Treated 230 230 230 230 230 230 Untreated 197 197 197 197 197 197
Operating Expenses . 14,816,OOO 14,816,OOO 14,816,OOO 14,816,OOO 14,816,OOO 14,816,OOO Operating Income 9.985.015 8,607,182 7,229,349 4,473,676 1,718.OlO (1.037.656) Interest Income 299,550 258,215 216,880 134,210 51,540 0
Ital 10,284,565 8,865,397 7.446.229 4,607,886 1.769.550 (1,037,656)
13A
TABLE 4
San Diego County Water Authority Potential Revenue Effects of Drought Year: 1992
ioz 1sz 201 3oz 4oz sot
Acre Feet: Treated 274,066 258,840 243,614 213,162 182,711 152.259 Untreated 309,053 291,884 274,714 240,375 206,035 171,696
Rate: Treated Untreated 323 323 323 323 323 323 277 277 277 277 277 277
ross Water Revenue 174,130,999 164,457,050 154,783,lOO 135.435,201 116.087.348 96,739,449
5st of Sales 140,140,992 132,355,377 124,569,762 108,998,532 93,427,341 779856,111 Rate: Treated 261 261 261 261 261 261 Untreated 222 222 222 222 222 222
.?erating Expenses 18,308,672 18,308,672 18,308,672 18,308,672 18,308,672 18,308,672
.perating Income 15,681,335 13.793,OOl 11,904,666 8,127,997 4,351.335 574,666
Interest Income 470,440 413,790 357,140 243,840 130,540 17,240
,tal 16,151,775 14,206,791 12.261.806 8.371.837 4.481.875 591,906
.
13B
TABLE 5
San Diego County Water Authority Potential Revenue Effects of Drought Year: 1993
101 15z 2oz 3oz 4oz soz Acre Feet: Treated 276,147 260,806 245,464 214,781 184,098 153,415 Untreated 311,400 294,100 276,800 242,200 207,600 173,000
Rate: Treated Untreated 373 373 373 373 373 373 327 327 327 327 327 327
Gross Water Revenue 204,830,631 193.451.175 182,071,672 159.312.713 136,553,754 113,794,79S
Cost of Sales 164,707,047 lSS,SS6,675 146,406,264 128,105,481 109,804,698 91,503,915 Rate: Treated 301 301 301 301 301 301 Untreated 262 262 262 262 262 262
Operating Expenses 19,224,106 19,224,106 19,224,106 19,224,106 19,224,106 19.224.106 Operating Income 20,899,478 18,670,394 16.441.302 11,983,126 7,524,950 3,066,774 Interest Income 626,984 560,112 493,239 359,494 225,749 92,003
ta1 21,526,462 19,230,SOS 16,934,541 12.342.620 7,750.699 3,X8,777
13c
TABLE 6
San Diego County-Water Authority Potential Revenue Effects of Drought Year: 1994
icre Feet: Treated Untreated
10X 152 2oz 3oz 4oz soz
278.296 262,835 247,374 216,452 185,531 154,609 313,823 296,389 278,954 244,085 209,215 174,346
Rate: Treated Untreated 423 423 423 423 423 423 377 377 377 377 377 377
-0s~ Water Revenue 236.030.479 222.917.670 209,804,860 183,579,241 157.353.668 131,128,049
1st of Sales 189,673,4%2 179.136.062 168.598.642 147,523,002 126,449,001 105.374.161 Rate: Treated 341 341 341 341 341 341 Untreated 302 302 302 302 302 302
:perating Expenses 20.185.311 20.185.311 20.185.311 20,185,311 20,185,311 20,185,311 Iperating Income 26.171‘686 23.596.297 21,020,907 15,870,128 10.719.356 5‘568,577 Interest Income 785,151 707,889 630.627 476.104 321,581 167,057
Jtal 26.956.837 24,304,185 21.651.534 16,346,232 11.040.937 5,735,634
13D
IX. IMPLEMENTATldN OF THE PLAN
California Water Code Section 10631. (e) (8) A draftwatershorbge contingemymsohtion
or ordinance to cany out the urban water shortage contingency plan.
Ordinance 91-6 (Appendix D) has been enacted and is in force to respond to the current
level of shortage. It will be modified by the Board of Directors in response to changing
conditions.
14
-.
X. WATER USE MONITORING PROCEDURES ,
California Water Code Section 10631. (e) (9) A mechanism for determining act@
reductions in water use pursuant to the u&an water shortage contingency plan.
Using statistics gathered and analyzed on a daily basis, the Authority prepares monthly
reports that monitor water deliveries, water use, and available reservoir storage for all its
member agencies. These totals are used for the purpose of: determining water use
projections, tracking water use reduction levels, monitoring supply levels, and other areas dealing with the regions water supply.
15
XI. PLAN ADOPTIOE( STANDARDS
California Water Code Section 70621. (a) Each urban water supplier shall, not later than
January 37, 1992, prepare, adopt and submit to the department an amendment to its
urban water management pIan which meets the requirements of subdivision (e) of Section
10637.
Information not available at this time.
California Water Code Section 70642. Prior to adopting a plan, the urban water supplier
shaff make the plan available for public inspeotion and shall hold a public hearing
thereon. Prior to the hearing, notice of the time and place of hearing shall be published
within the jurisdiction of the publicfy owned water supplier pursuant to California Water
code Section 6666 of the Government Code. A privatefy owned water supplier shall
provide an equivalent notice within its service area After the hearing, the plan shall be
adopted as prepared or as modified after the hearing.
Information not available at this time.
California Water Code Section 70656 An urban water supplier that does not submit an
amendment to its urban water management p/an pursuant to subdivision (a) of Section
70621 to the department by January 37, 1992, is ineligible to receive drwght assisfance
from the state until the urban water management plan is submiTted pursuant to AftiCh? 3
(commencing with Section 10640) of Chapter 3.
. Information not available at this time.
16
APPENDIX A
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APPENDIX B
ORDINANCE NO. 91-1 .
-
ORDINANCE OF THE SAN DIEGO COUNTY WATER AUTHORITY ("AUTHORITY") DECLARING THE EXISTENCE OF A WATER SHORTAGE EMERGENCY CONDITION AND ESTABLISHING PROCEDURES TO PRESERVE AND ALLOCATE AVAILABLE . WATER SUPPLIES
WHEREAS, unprecedented weather conditions have resulted in four consecutive years (1987, 1988, 1989, 1990) of below normal precipitation and run-off resulting in a severe drought; and
WHEREAS, it appears likely that the current year will, without abnormal wet conditions during the remainder of the year, result in the driest year on record; and
WHEREAS, the service area of the Authority includes 98% of the population and assessed valuation of San Diego County, which is dependent upon the Authority for more than 90% of all water used for beneficial purposes; and
WHEREAS, the Authority is completely dependent upon deliveries of imported water from the Metropolitan Water District of Southern California (MWD) for water to be delivered by it to its member agencies; and
WHEREAS, MWD is dependent on water deliveries imported from the State Water Project, operated by the Department of Water . Resources, and the Colorado River, controlled by the Bureau of Reclamation, for the water supplies which it delivers to the Authority and its 26 other member agencies in Ventura, Los Angeles, San Bernardino, Riverside and Orange Counties; and
WHEREAS, MWD has been notified by the Department of Water Resources that State Water Project deliveries to it will be reduced 90 percent, and by the Bureau of Reclamation that deliveries will approximate one-million acre feet; and
WHEREAS, local water supplies available to other MWD member agencies have been reduced by the drought; and
WHEREAS, ordinary demands upon MWD are expected to exceed available supplies in such amounts as to require reductions in use of approximately 50%; and
WHEREAS, by Resolution 90-59 the Authority authorized and directed the General Manager to implement, according to the guidelines set forth in his letter dated November 29, 1990, the Incremental Interruption and Conservation Plan (IICP) of MWD which was adopted on December 11, 1990; and
1
WHEREAS, by motion at its regular meeting on February 14, 1991, the Authority adopted a "Drought Response Plan" to reconcile and coordinate drought management programs and implementation of the IICP; and
WHEREAS, MWD has, in view of the severity of the drought, determined as of March 4, 1991, that Stage VI of its Incremental Interruption and Conservation Plan shall become effective on April 1, 1991, which targets a reduction in deliveries to member agencies of approximately 50% of 1989-90 deliveries subject to minor adjustments for loss of local supplies, prior conservation efforts, and growth; and
WHEREAS, local supplies are gravely insufficient to augment the expected shortfall from MWD in imported water deliveries; and
WHEREAS, Governor Wilson on February 1, 1991, issued an executive order creating an Emergency Drought Action Team, with the Director of Department of Resources as its Chairman, to develop plans and procedures to minimize and deal with the drought conditions; and
WHEREAS, it is considered critical for the well being of the citizens within the Authority that all existing water supplies be husbanded and future available imported supplies be fairly and uniformly allocated among the Authority's member agencies so that water, essential for domestic use, sanitation and fire protection, will remain available throughout the duration of the drought; and
WHEREAS, mandatory restrictions on the use and delivery of water by the Authority have never previously been adopted, but experience by other public agencies within the state facing severe limitations (i.e. reductions over 30%) on available water supplies has demonstrated that prohibitions on certain uses, adjustments to pricing structures, and limitations on deliveries of water have been found necessary to preserve water supplies for essential services and allocate remaining supplies in a fair and uniform manner; and
WHEREAS, in order to accomplish this goal and also apply uniform rules throughout the Authority's service area for other beneficial uses of water, it is deemed necessary to establish rules and regulations which contain restrictions and priorities in the use of water, and
WHEREAS, the Authority is the only regional public agency with available imported water supplies which are so critically necessary and which must be allocated to all citizens according to rules and restrictions, as fair and as equitable as can be, with particular regard for domestic, sanitation and fire protection; and
WHEREAS, the Authority has solicited and received advice from its member agencies, community, business, and professional organizations, and received comments from such entities and members of the public at a special meeting held on March 7, 1991, at 2:00 p.m., and at a public hearing held on March 14, 1991, at I:OO p.m.; and
WHEREAS, this action is the result of the unexpected occurrences, above described, which involve clear and imminent danger demanding immediate action to mitigate damage to life, health and property from the loss of an essential public service - the delivery of public water supplies, and, therefore, it is exempt from the provisions of the California Environmental Quality Act (Public Resources Code Sections 21080 (b) (4), 21060.3; Title 14, California Code of Regulations, Section
15269 (c) ) ;
NOW, THEREFORE, the Board of Directors of the San Diego County Water Authority ("Authority") hereby Determines, Declares, Ordains, and Orders, as follows:
SECTION I. DECLARATION OF WATER SHORTAGE EMERGENCY CONDITION.
It is hereby determined and declared that, based upon the foregoing recitals, the Authority is unable to provide sufficient water supplies to meet the ordinary demands and requirements of its member agencies without depleting available water supplies to the extent that insufficient water would be available for human consumption, sanitation, and fire protection.
Consequently, a water shortage emergency condition prevails within the service area and boundaries of the Authority which requires adoption of rules, regulations, and restrictions on the delivery and consumption of water within the Authority.
SECTION II. RESTRICTIONS UPON DELIVERY AND CONSUMPTION OF WATER.
The following restrictions shall apply to all users of water within the Authority and shall become effective at 8:00 a.m. on Monday, April 1, 1991. Each member agency shall adopt said restrictions to become effective at said time, or as soon thereafter as possible, within their respective service areas.
A. Definitions
1. "Active park and school ground areas" means areas designated by public agencies and private schools for specific sporting and recreational activities and areas
2.
3.
4.
5.
6.
7.
8.
traditionally used for active play or recreation where turf is an integral part of the activity.
"Conservation offset" means the implementation of proven conservation techniques which, when installed, will result in a reduction equal to demand of the proposed use. Calculation of demand and saving shall be performed or verified by the member agency or the General Manager based upon non-drought conditions.
"Fire Protection" means actions for prevention or suppression of fires as directed by the Fire Marshal or Fire Prevention officer with jurisdiction over the local area involved.
"Greywater" means household wastewater other than toilet water, i.e., water from the laundry, shower, tub, bathroom and kitchen sinks. Its use is presently prohibited by the San Diego County Department of Health Services. The exception mentioned for greywater in Section II, C (1, d) and (4) depends solely upon approval of such use by the San Diego County Department of Health Services according to issued rules and regulations.
"Micro irrigation systems/equipmentl' means low pressure,low volume methods of water application. These devices include drip emitters, T-tape, microsprayers, mini-sprinklers, twirlers, and spaghetti tubing. Pop-up sprinklers are not considered low- volume, low pressure irrigation systems/equipment.
"Potable Water" means water delivered by a member agency which meets drinking water standards or water delivered by the Authority.
"Reclaimed water" means water which, as a result of treatment of wastewater, is suitable for a direct beneficial use or controlled use that would not otherwise occur. See, Water Code, Section 13050(n).
"Recreational and Ornamental Lakes and Ponds'* means bodies of water which are not swimming pools, water storage reservoirs for potable water or irrigation purposes I or pools which maintain rare plant or animal species.
B. #
All water users are expected to minimize potable water use for the duration of the drought emergency. Monthly allocations to member agencies pursuant to Section IV,
4
iaLa, will require substantial reductions in use which, on average, are expected to reach fifty percent.
Indoor uses will, in general, be reduced by such practices as fewer and shorter showers and baths, no running water while brushing teeth and shaving, full loads in dish and clothes washers, avoidance of unnecessary toilet flushing, frequent checking and repair of leaks, and other conservation practices.
C. Potable Water Use . . . Prohibition S.
1. I . -of .
Irrigation of turf is prohibited except under the following circumstances:
a.
b.
C.
d.
e.
for active public park and school ground areas no more than twice weekly;
at day care centers where required by license no more than twice weekly;
for purposes of maintaining public safety (such as fire protection); and
when using reclaimed water, greywater, or private well water.
At public parks, where trees and shrubs are interspersed amidst turf supported by the same irrigation system provided the area of irrigation is within the drip line of each tree or shrub and irrigation is no more than once every two weeks.
2. Irriaation of Ground Cover.
Irrigation of ground cover is prohibited except under the following circumstances:
a. for fire protection;
b. where trees and shrubs are interspersed amidst ground cover supported by the same irrigation system; and
C. for preservation of existing ground cover which is designed to stabilize slopes.
Irrigation of ground cover as allowed under Section II (C) (2) (b) and (c) is restricted to once every 14 days.
5
3. Aaricultural Production
Outside irrigation of trees, shrubs, and other plants which are not turf or ground cover, is allowed only by hand-held hose with positive shutoff nozzle, bucket, or micro irrigation systems/equipment. Sprinkler systems may only be used for agricultural production, watering active public park and school ground areas, maintenance of ground cover in accordance with section II (C) (2), and for purposes of maintaining public safety (such as fire protection).
4. Irriaation Waterinu Hours
No outdoor irrigation shall occur between 9 a.m. and 4 p.m., except when using a micro irrigation system/equipment, or for agricultural production, or when using reclaimed water, greywater or private well water. Anyone using such alternative water sources shall post signs along public rights of way noticing the type of usage.
5. Jios'n 0 S a ' 1 ard Surf aces
Hosing paved or hard surfaces including but not limited to sidewalks, driveways, patios, streets and parking areas is prohibited except for compelling public health and safety reasons. Allowed hosing activities shall be done only with a hose equipped with a positive shutoff nozzle.
Spraying hard surfaces during irrigation activities is prohibited.
6. p 0 un ff and Reoairina of Leaks.
All runoff except natural runoff from property is prohibited. Leaks to irrigation and plumbing systems shall be immediately repaired.
7. F . F.
Filling of new residential pools and spas is prohibited except under the following circumstances:
a. where the owner can produce and demonstrate a conservation offset; or,
b. where the owner can produce evidence that private well water will be utilized.
6
Qraining of existing pools is prohibited except under orders of the appropriate local health or building official.
8. Recreational and Ornamental T,akes and Ponds.
9.
Recreational and ornamental lakes and ponds may not be filled or refilled except with reclaimed water or other non-potable water. Lakes and ponds utilizing reclaimed water or other non-potable water must post signs noticing such usage.
Golf Course Irriuatioq.
Golf courses may use potable water supplied by a member agency only to irrigate tees and greens. Irrigation of fairways and roughs with potable water or any blend thereof is prohibited. Golf courses irrigating with reclaimed water or other non-potable water shall post signs noticing such usage.
10. Restaurants
Restaurants shall serve water only upon request.
11. Ornamental Fountainq
Operation of ornamental fountains is prohibited except when non-potable or reclaimed water is used and where signs are posted notifying such use.
12. Washinu of Vehicles
Washing of vehicles is prohibited except:
a. in commercial carwashes;
b. commercial vehicles for reasons of public health and safety;
c. where water has been salvaged from indoor use, e.g. warmup water from showers, sinks, and/or lavatories; or
d. by a mobile high-pressure/low volume service.
13. We . w Services
Except as to property for which a building permit has been heretofore issued, no new potable water service shall be provided, no new temporary meters or permanent meters shall be provided, and no commitments (such as, will serve letters, certificates or letters
of,availability) to provide potable water service shall be issued, except for the following circumstances:
a. the commitment includes a notice that a water shortage emergency condition prevails resulting in a water moratorium and no water service is currently available;
b. for projects necessary to protect the public's health, safety, and welfare;
C. when it can be demonstrated that no net increase in water use will occur; or
e. when a conservation offset is provided.
D. 8. L dsca
If a member agency has met its monthly allocations pursuant to Section IV for two consecutive months, it may approve a landscape management plan prepared by a licensed landscape architect or landscape contractor which demonstrates that no net monthly increase in water use for the property served will occur. In addition, the property to be served must have been in compliance with the prohibitions in Section II (c) prior to submission of the plan.
E. Member Auencv ADDeal Process.
Each member agency shall establish an appeal process whereby retail customers may submit requests for consideration of special circumstances, including unusual hardships. Special regard shall be given for domestic uses, sanitation and fire protection, and uniform rules for other users.
SECTION III. L C,N SUBSTANTI A 0 URE TO
COM . COMPLIANCE MEASURES. PLY
A. 1 iance.
A member agency may submit to the General Manager requests to make minor modifications to the water restrictions provided for in Section II. The General Manager shall promptly notify the member agency whether such modifications are deemed substantially equivalent or more severe in water use impacts. If so, such modifications shall be approved; otherwise, in the General Manager's sole discretion the request shall be denied.
B. Surcharue for Failure to Adopt . e
Failure by a member agency to adopt the restrictions set forth in Section II, or restrictions which have been approved by the General Manager will result in a surcharge on such member agency's water deliveries commencing April
15, 1991. The surcharge shall be $200 for each acre foot of water delivered by Authority to the member agency until such water use restrictions are adopted.
C. k@ber WmLiance Measures .
Each member agency shall take such actions and adopt such measures as it considers appropriate to secure compliance by its retail consumers of the water use restrictions applicable within its service area. The Authority will participate, as requested, to the extent it can in furnishing assistance and coordinating guidelines for use by member agencies.
SECTION IV. IALLOCATIONS AGENCIES.
A. Amounts.
MWD's Incremental Interruption and Conservation Program (IICP) was adopted as the means of allocating water to its member agencies during drought conditions. The IICP establishes monthly targets for each of MWD's member agencies based on water taken from MWD in the same month of the 1989-90 base year. Adjustments are to be made to reflect growth, changes in local supplies, and significant conservation programs.
The Authority, by Resolution 90-59, adopted a procedure and method by which IWD's IICP target to the Authority is established as monthly allocations for each of the Authority's member agencies. All provisions for adjustment which apply to the Authority shall apply to Member Agency allocations as provided by Resolution 90-59. The General
Manager shall notify each member agency of its monthly allocation, the basis for its calculation, and when changes in MWD's IICP conservation level are proposed and acted upon.
Each member agency shall implement programs necessary to reduce delivery requests of the Authority to comply with its monthly allocation. The General Manager will provide status reports during the month and a formal accounting to each member agency as part of the regular billing process.
9 -
B. J4 ' s me ts a ~JJ Monthly Allocations. d' s
The General Manager shall make such adjustments and modifications in the monthly allocations (on a daily, weekly or other basis if appropriate) as may be necessary and appropriate to pass through to member agencies any increases or decreases in deliveries received by the Authority from MWD.
SECTION V. SURCHARGES OR MONTH Y WAT
-0
A. m.
Commencing February 1, 1991, each member agency delivered less water than its monthly allocation shall receive an incentive credit of one-half MWD's untreated, non- interruptible rate rounded to the nearest dollar (currently $99) for each acre foot under its allocation. Each member agency delivered more water than its monthly allocation shall be surcharged twice the MWD untreated, non- interruptible rate (currently $394) for each acre foot over its allocation.
B. Cumulation - Reconciliatioq.
c.
Surcharges and credit incentives shall be calculated monthly and debited or credited to the member agency's regular monthly statement. As of September 30, 1991, each member agency's account for surcharges and credit incentives as provided in this section shall be cumulated on a per acre foot basis. The net financial impact shall be adjusted accordingly. That is, if a member agency is delivered 1,000 acre feet in excess for one month and reduces deliveries for another month 1,000 acre feet below the monthly allocation as may have been adjusted, then the financial impact on such member agency will be zero.
If MWD modifies the amount or condition of the surcharge and incentive payments in its IICP, the General Manager shall notify the member agencies and pass through all changes. The General Manager shall implement such modified changes immediately upon their imposition upon the Authority, and no further action of the Board of Directors shall be required.
10
SECTION VI. DELIVERY . c
A. .
The General Manager shall, in a timely and appropriate manner, notify each member agency about the differences between monthly allocations and actual deliveries. If the differences indicate that a member agency is unlikely to be able to meet its monthly allocations, a warning notice shall be given.
B. peduction3.
Any member agency which is more than 5% over its monthly allotment on April 30, 1991, shall be given notice by the General Manager. The notice shall specify the amount of the overage, offer specific assistance iri developing an action plan, and advise of the specific consequences of a failure to reduce demands. Deliveries will be monitored on a daily basis.
Beginning May 1, 1991, member agencies which have not reduced deliveries to within 5% of monthly allocations shall have their daily deliveries reduced by the General Manager in a manner estimated to result in attainment of monthly allocations.
C. Adiustments.
The General Manager may make adjustments in deliveries to a member agency because of special circumstances or to protect the ability of the member agency to meet its needs for domestic use, sanitation, and fire protection.
Particular regard will be given to domestic use, sanitation and fire protection. Also, consideration will be given to pertinent matters designed to avoid discrimination between consumers using water for the same purpose and to promote uniformity in the beneficial uses made of water within the boundaries of the San Diego County Water Authority.
SECTION VII. 1 UA YA C l
The General Manager shall cause to be filed a notice of exemption from CEQA for the actions taken by this Ordinance in accord with section 21152(b) of the Public Resources Code, Sec. Title 14, California Code of Regulations 15062.
11
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SECTION VIII., BpPEALS.
There is hereby created an Appeals Board consisting of five members, to wit: Directors Anderson, Brannon, Krauel, Mason and Omsted. The following five directors shall serve as alternate members, to wit: Directors Hollingsworth, Parker, F. Thompson, Tinker, and Turner. There is delegated to the Appeals Board the full authority of the Board of Directors to consider and resolve all appeals lodged by member agencies with the Executive Secretary.
Each member agency may file with the Executive Secretary a request to have the Appeals Board review any action taken by the General Manager hereunder. Representatives of the member agency may appear before the Appeals Board and present such testimony and documentation considered appropriate for a proper understanding and evaluation of the claims and basis for the appeal.
The General Manager shall arrange for such counter presentation considered appropriate for the Appeals Board to fully comprehend all aspects relative to the decision which is the subject of the appeal.
C. Procedure - Decision%.
The Appeals Board shall meet as soon as practical but no later than 5 business days after a request is made by a member agency, if desired by the member agency. The Chairman of the Board shall designate a person to be the presiding member of the Appeals Board. No member of the Appeals Board shall participate in or act upon any appeal by the member agency he or she represents. The Appeals Board, with the advice of General Counsel, shall establish fair and reasonable procedures for hearing the appeal and reviewing determinations by the General Manager.
The Chairman shall appoint alternates to serve in the case of any appeal which a member is disqualified or unable to attend. Consistent with circumstances relative to the nature of the appeal, the Appeals Board shall conduct the appeal and render its decision as expeditiously as practical. The decision shall be in writing briefly describing the pertinent circumstances for the appeal, and the basis for the decision. General Counsel may prepare a draft, pursuant to oral instructions from the Appeals Board, but each member of the Appeals Board must either approve or dissent in writing. The decision of a majority of the Appeals Board shall be the final decision on the subject of the appeal.
12
SECTION IX. RESERVED DISCRETION.
The Board of Directors hereby reserves its legislative discretion to modify any of the provisions hereof as changed circumstances may warrant. The provisions herein are considered to be temporary and will be revoked as soon as the water shortage emergency condition ends. Modifications to increase or decrease restrictions or water allocations will be made as deemed necessary and appropriate. The General Manager shall keep the Board advised about matters pertinent to drought conditions, MWD deliveries, Authority deliveries to member agencies, appeals, and the nature and extent of other emergency conditions.
SECTION X. SUPERSEDVRE.
If any provisions of this ordinance are inconsistent with previous actions of the Board pertaining to plans to respond to drought conditions, the provisions hereof shall supersede such inconsistent provisions.
SECTION XI. -PROVISION.
This ordinance, unless sooner terminated by the Board, shall terminate September 30, 1991, unless prior to said date the Board acts to extend it.
SECTION XII. 1%. EGA
The foregoing rules, regulations and restrictions are taken pursuant to Article X, section 2, of the California Constitution 'and the legislative powers delegated to the Authority by Section 5(11) of the County Water Authority Act (West's Water Code, Appendix, Section 45) and Sections 350 through 357 of the Water Code providing for declaration of water shortage emergencies.
PASSED, APPROVED AND ADOPTED, this 14th day of March, 1991.
).-/y/f A
kike Madlgan, Chaiqn Board of Directors
13
I, Kim Laru, Acting Executive Secretary of the Board of Directors of "the San Diego County Water Authority, do hereby certify that: the above and foregoing is a full, true and correct copy of said resolution of said Board and that the same has not been amended or repealed. .
Acting Executive Secretary Board of Directors
rev.,- I ,I,,. I .-r-r I
14 -
.
l
APPENDIX C
c.
ORDINANCE NO. 91-4
ORDINANCE OF THE SAN DIEGO COUNTY WATER AUTHORITY RESCINDING ORDINANCE 91-2 AND ESTABLISHING . ._.. RULES, REGULATIONS, AND RESTRICTIONS SO THAT AVAILABLE WATER SUPPLIES ARE ALLOCATED AMONG MEMBER AGENCIES FOR THE GREATEST PUBLIC INTEREST AND BENEFIT
WHEREAS, Ordinance 91-2 was adopted on April 11, 1991; and
WHEREAS, certain changes and clarifications are considered
appropriate for Sections II, III, Exhibit A, and Exhibit B of
Ordinance 91-2 as are herein provided;
NOW, THEREFORE, the Board of Directors of the San Diego County
Water Authority ("Authority@') hereby Determines, Declares,
Resolves, and Orders, as follows:
SECTION I. ORDINANCE 91-2 RESCINDED.
Ordinance 91-2 adopted April 11, 1991 is hereby rescinded, except that the recitations therein remain effective findings by this Board.
SECTION II. MONTHLY ALLOCATIONS TO MEMBER AGENCIES.
. A. Amounts.
MWD's Incremental Interruption and Conservation Program (IICP) was adopted on December 11, 1990 as the means of allocating water to its member agencies during drought conditions. The IICP establishes monthly targets for each of MWD's member agencies based on water taken from MWD in the same month of the 1989-90 base year. Adjustments are to be made to reflect growth, changes in local supplies, and significant conservation programs.
The Authority, by Resolution 90-59, adopted a procedure and method by which MWD's IICP target to the Authority is established as monthly allocations for each of the Authority's member agencies. All provisions for adjustment which apply to the Authority shall apply to Member Agency allocations as provided by Resolution 90-59. The General Manager shall notify each member agency of its monthly allocation, the basis for its calculation, when changes in MWDls IICP conservation level are proposed and acted upon, and provide status reports
-
during the month and a formal accounting to each member agency as part of the regular billing process.
B. Conservation Proarams.
In order to achieve the reductions necessary to comply with the monthly allocations, the Authority recommends that eachmember agency implement programs substantially equivalent to those set forth in the Response Stage Actions (currently Stage IV) of the Drought Response Plan adopted February 14, 1991, which is attached as Exhibit A hereto.
C. Adiustments and Modifications to Monthlv Allocations.
The General Manager shall increase the amounts of monthly allocations under Section II A so that the allocation is 80% of the base year Authority deliveries, and make such adjustments and modifications in the monthly allocations (on a daily, weekly, or other basis if appropriate) as may be necessary and appropriate to pass through to member agencies any increases or decreases in deliveries received by the Authority from MWD or any other water supply changes.
SECTION III. SURCHARGES AND INCENTIVES FOR MONTHLY WATER ALLOCATIONS.
A. Amounts.
Commencing April 1, 1991, incentive credits will be given to each member agency which reduces both its Authority deliveries below its monthly allocations under Section II hereof and reduces its monthly water usage 20 percent below its 1989-90 base year usage. Base year usage means the amount of water used from all sources including deliveries from the Authority plus local supplies to meet an agency's 1989-90 consumers' needs, adjusted for growth and conservation. The credit shall be as determined under Section III (B) hereof.
Each member agency delivered more water than its monthly delivery allocation shall be surcharged twice the MWD untreated, non-interruptible rate (currently $394) for each acre foot over its delivery allocation.
The program as in effect during February and March, 1991 shall not be changed, except that the results shall be included in calculating the reconciliation under Section III (C) hereof.
2
-
B. Sharina of Surcharues and Credit Incentives.
Aft&r reconciliations, as of September 30, 1991, have been made by MWD under its IICP and by the Authority under Section III (C) hereof, any net conservation credit payments received by the Authority from MWD plus the net sum of any surcharges received by Authority from its member agencies shall be shared prorata among member agencies that received less than the sum of their monthly allocations under Section II hereof. The share shall be a fraction, the numerator shall be the amount each such member agency received less than the sum of its monthly allocations. The denominator shall be the sum of the numerators as determined for all such member agencies.
C. Cumulation - Reconciliation.
Each member agency's account for surcharges and credit incentives shall be cumulated between February 1, 1991 and September 30, 1991 and shall be reconciled on a per acre foot basis. The net financial impact shall be adjusted accordingly. That is, if a member agency receives a credit on 1,000 acre feet of water in one month and is surcharged on 1,000 acre feet of water in another month, then the financial impact on such member agency will be zero.
D. Modification of Surcharues and Incentives.
If MWD modifies the program or the amount of the disincentive charge or the conservation incentive payments in its IICP, the General Manager shall notify the member agencies of such changes. The General Manager shall implement such modified changes immediately upon their imposition upon the Authority, and no further action of the Board of Directors shall be required.
SECTION IV. DELIVERY RESTRICTIONS.
A. Notices.
The General Manager shall, in a timely and appropriate manner, notify each member agency about the differences between monthly allocations and actual deliveries. If the differences indicate that a member agency is unlikely to be able to meet its monthly allocations, a warning notice shall be given.
B. Reductions.
Any member agency which is more than 5% over its monthly allotment on May 15, 1991, shall be given notice by the
3
-
General Manager. The notice shall specify the amount of the overage, offer specific assistance in developing an action
plan, and advise of the specific consequences of a failure to reduce demands. Deliveries by the Authority will be monitored on a daily basis.
Beginning June 1, 1991, following notice and an opportunity to be heard, member agencies which have not reduced deliveries to within 5% of monthly allocations may have their daily deliveries reduced by the General Manager in a manner estimated to result in attainment of monthly allocations.
-.
C. Ado&ion of Restrictions - Surcharae.
Each member agency which fails to accomplish the reductions in the manner set forth in Section IV (B) shall be required to adopt within 30 days restrictions as set forth in Exhibit B hereto. Failure by a member agency to adopt such restrictions will result in a surcharge commencing on the date such restrictions are herein required to be adopted. The surcharge shall be $200 for each acre foot of water delivered
bY SDCWA to the member agency until such water use restrictions are adopted.
D. Adiustments.
The General Manager may make adjustments in deliveries to a member agency because of special circumstances or to protect the ability of the member agency to meet its needs for domestic use, sanitation, and fire protection. Also, consideration will be given to pertinent matters designed to avoid discrimination between consumers using water for the same purpose and to promote uniformity in the beneficial uses made of water within the boundaries of the San Diego County Water Authority.
SECTION V. CALIFORNIA ENVIRONMENTAL OUALITY ACT (CEOA).
The General Manager shall cause to be filed a notice of exemption for CEQA for the actions taken by this Ordinance in accord with Section 21152(b) of the Public Resources Code, Sec. Title 14, California Code of Regulations 15062.
SECTION VI. APPEALS.
A. Anneals Board.
There is hereby created an Appeals Board consisting of five members, to wit: Directors Anderson, Brannon, Krauel,
4
Mason, and Omsted. The following five directors shall serve as alternate members, to wit: Directors Hollingsworth, Parker, 3. Thompson, Tinker, and Turner. There is delegated to the Appeals Board the full authority of the Board of Directors to consider and resolve all appeals lodged by member agencies with the Executive Secretary.
B. Anoeals bv Member Aaencies.
Each member agency may file with the Executive Secretary a request to have the Appeals Board review any action taken by the General Manager hereunder. Representatives of the member agency may appear before the Appeals Board and present such testimony and documentation considered appropriate for a proper understanding and evaluation of the claims and basis for the appeal.
The General Manager shall arrange for such counter presentation considered appropriate for the Appeals Board to fully comprehend all aspects relative to the decision which is the subject of the appeal.
C. Procedure - Decisions.
The Appeals Board shall meet as soon as practical but no later than five business days after a request is made by a member agency. The Chairman of the Board shall designate a person to be the presiding member of the Appeals Board. No member of the Appeals Board shall participate in or act upon any appeal by the member agency he or she represents. The Appeals Board, with the advice of General Counsel, shall establish fair and reasonable procedures for hearing the appeal and reviewing determinations by the General Manager.
The Chairman shall appoint alternates to serve in the case of any appeal which a member is disqualified or unable to attend. Consistent with circumstances relative to the nature of the appeal, the Appeals Board shall conduct the appeal and render its decision as expeditiously as practical. The decision shall be in writing briefly describing the pertinent circumstances for the appeal, and the basis for the decision. General Counsel may prepare a draft, pursuant to oral instructions from the Appeals Board, but each member of the Appeals Board must either approve or dissent in writing. The decision of a majority of the Appeals Board shall be the final decision on the subject of the appeal.
SECTION VII. RESERVED DISCRETION.
The Board of Directors hereby reserves its legislative discretion to modify any of the provisions hereof as changed
5
-.
circumstances may warrant. Modifications to increase or decrease restrictions or water allocations will be made as deemed ngcessary and appropriate. The General Manager shall keep the Board advised about matters pertinent to drought conditions, MWD deliveries, Authority deliveries to member agencies, appeals, and the nature and extent of other emergency conditions.
SECTION VIII. SUPERSEDURE.
If any provisions of this Ordinance are inconsistent with previous actions of the Board pertaining to plans to respond to drought conditions, the provisions hereof shall supersede such inconsistent provisions.
SECTION IX. SUNSET PROVISION. This Ordinance, unless sooner terminated bv the Board, shall terminate September 30, 1991, unless the Board acts to extend it.
SECTION X. LEGAL BASIS FOR ACTIONS.
The foregoing rules, regulations, and restrictions are taken pursuant to Article X, Section 2 of the California Constitution and the legislative powers delegated to the Authority by Section 5(11) of the County Water Authority Act (West's Water Code, Appendix, Section 45).
. PASSED, APPROVED, AND ADOPTED, this 25th day of June, 1991.
Board of Directors
6
1, Janet R. Maltman, Executive Secretary of the Board of Directors of the San Diego County Water Authority, do hereby certify that the above and foregoing is a full, true, and correct copy of said resolution of said Board and that the same has not been amended' or repealed.
:? pr
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,y\,,-. i^‘
J&&t R. Maltman, Executive Secretary B@rd of Directors
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EXHIBIT B
c 1 WATER LSE R~ICTIONS
(Section IV (C))
Irrigation of landscape is permitted no more than twice weekly on designated days.
.
No outdoor irrigation shall occur between 9 a.m. and 4 p-m-, except when using a micro-irrigation system/equipment, or for agricultural production, greywater, or when using reclaimed water, or private well water. Anyone using such alternative water sources shall post signs along public rights-of-way noticing the type of usage.
.
Hosing paved or hard surfaces including but not lhitmd to sidewalks, driveways, patios, streets, and parking area8 i8 prohibited except for compelling public health and safety reasons. Allowed hosing activities shall be done only with a hose equipped with a positive shutoff nozzle.
All runoff except natural runoff from property is prohibited. Leaks to irrigation and plumbing systems shall be immediately repaired.
Restaurants.
Restaurants shall serve water only upon request.
i*
Renovation of existing landscape shall be prohibited except when xufscape principles are applied.
Car.
All commercial car washes with water recirculative capabilities must use tho8e systems.
. -ii
The over filling of swimming pools, spas, ponds, and artificial lakes is prohibited.
APPENDIX D
ORDINANCE NO. 91-6
- ORDINANCE OF THE SAN DIEGO COUNTY WATER AUTHORITY ("AUTHORITY") RESCINDING ORDINANCE 91-4 AND ESTABLISHING RULES, REGULATIONS, MD RESTRICTIONS SO TBAT AVAILABLE WATER SUPPLIES ARE ALLOCATED AMONG W&MB&R AGENCIES FOR THE GREATEST PUBLIC INTEREST AND BENEFIT
WHEREAS, this 1991water year (October 1, 1990 - September 30, 1991) was the driest of five consecutive years of below normal run- off resulting in continuous drought conditions in California and San Diego County; and
WHEREAS, in response to the drought in order to anticipate rational supply/demand conditions, and to establish reasonable rules for the delivery and use of water within the Authority's service area, the Authority has previously adopted Ordinance 91-1 (March 14, 1991), Ordinance 91-2 (April 11, 1991), and Ordinance 91-4 (June 25, 1991); and
WHEREAS, storage to meet 1992 water year conditions is only 39% of capacity statewide and 50% of capacity within San Diego County; and
WHEREAS, the Governor's Water Bank combined with public response to conservation requirements and comparatively mild weather conditions have resulted in the ability of member agencies and the Authority to establish the present level of storage which is about 50,000 acre feet more than for 1990-91; and
WHEREAS, the Metropolitan Water District of Southern California "MWD", which supplies the Authority its only imported water, continues to implement Stage V conditions within its Incremental Interruption and Conservation Program resulting in a 31% reduction in normal water deliveries to the Authority; and
WHEREAS, in 1992 municipal and industrial users of the State Water Project will share any water shortages equally with agricultural users, requiring improved carryover storage levels; and
WHEREAS, water supply conditions for 1992 will need to return to normal or better before any significant improvement can occur in available supplies for delivery to member agencies; and
WHEREAS, it is considered necessary that existing water supplies be husbanded and future available imported supplies be allocated among the Authority's member agencies for the greatest public interest and benefit as provided by Section 5(11) of the County Water Authority Act; and
1
WHEREAS, allocations to member agencies of the supplies to become available to the Authority must be limited so that sufficient cahry-over storage will be available in the event of a sixth year of &ought; and
WHEREAS, the Authority has determined that, based upon currently existing circumstances, it is necessary that each member agency reduce its total monthly water deliveries and use 20% below its monthly adjusted base-year (1989-90) delivery and use, which base-year shall remain as the bench mark for measuring or designing future water allocations;
NOW, THEREFORE, the Board of Directors of the San Diego County Water Authority hereby Determines, Declares, Resolves, and Orders, as follows:
SECTION I. ORDINANCE 91-4 RESCINDm.
The above recitations are findings which are true and correct. Ordinance 91-4 adopted June 25, 1991 is hereby rescinded.
SECTION II. BONTHLY AJtLOCATIONS TO MEMBER AGENCIES.
A. Amounts.
MWD's Incremental Interruption and Conservation Program (IICP) was adopted on December 11, 1990 as the means of allocating water to its member agencies during drought conditions. The IICP establishes monthly targets for each of MWD's member agencies based on water taken from MWD in the same month of the 1989-90 base year. Adjustments are to be made to reflect growth, changes in local supplies, and significant conservation programs.
The Authority, by Resolution 90-59, adopted a procedure and method by which MWD's IICP target to the Authority is established as monthly allocations for each of the Authority's member agencies. All provisions for adjustment which apply to the Authority shall apply to Member Agency allocations as provided by Resolution 90-59. The General Manager shall notify each member agency of its monthly allocation, the basis for its calculation, when changes in MWD's IICP conservation level are proposed and acted upon, and provide status reports during the month and a formal accounting to each member agency as part of the regular billing process.
B. Conservation Prourams,
In order to achieve the reductions necessary to comply with the monthly allocations, the Authority recommends that eachmember agency implement programs substantially equivalent
2
to those set forth in the Response Stage Actions (currently Stage IV) of the Drought Response Plan adopted February 14, 1991, wh5ch is attached as Exhibit A hereto.
C. . . Giustments and Mod&flcations to Monthlv Allocations.
The General Manager shall increase the amounts of monthly allocations under Section II A so that the allocation is 80% of the base year Authority deliveries, and make such adjustments and modifications in the monthly allocations (on a daily, weekly, or other basis if appropriate) as may be necessary and appropriate to pass through to member agencies any increases or decreases in deliveries received by the Authority from MWD or any other water supply changes.
The 1989-90 base year shall remain as the bench mark for making future monthly allocations of deliveries and for ascertaining use relationships.
SECTION III. 2 UR GS C ONS
A. Sharina MWD Surcharaes.
If, pursuant to its IICP program, MWD levies any surcharges against the Authority, the amount of such surcharges shall be shared prorata among member agencies that received more than their monthly allocations under Section II hereof. The respective shares shall be a fraction. The numerator shall be the amount each such member agency received more than its monthly allocation. The denominator shall be the sum of the numerators as determined for all such member agencies.
. B. Cumulation - Reconciliation.
Any sums due to Authority from member agencies hereunder shall be invoiced by Authority to the affected member agencies when billed by MWD and shall be payable to the Authority thirty days after date of invoice. A reconciliation shall occur as of September 30, 1992 unless a different reconciliation date becomes effective by subsequent Board action.
SECTION IV. DELIVERY RESTRICTIONS .
A. Botices.
The General Manager shall, at his discretion in a timely and appropriate manner, notify each member agency about the differences between monthly allocations and actual deliveries. If the differences indicate that a member agency is unlikely to be able to meet its monthly allocations, a warning notice may be given.
3
B. Reductim.
Beginning October 1, 1991, following notice and an opportunity to be heard, member agencies which have not reduced deliveries to within 5% of monthly allocations may have their daily deliveries reduced by the General Manager in a manner estimated to result in attainment of monthly allocations.
C. Adiustmenta .
The General Manager may make adjustments in deliveries to a member agency because of special circumstances or to protect the ability of the member agency to meet its needs for domestic use, sanitation, and fire protection. Also, consideration will be given to pertinent matters designed to avoid discrimination between consumers using water for the same purpose and to promote uniformity in the beneficial uses made of water within the boundaries of the San Diego County Water Authority.
SECTION V. CA JJFORNIA ENVIRONMENTAL OUALITY ACT (Ca .
The General Manager shall cause to be filed a notice of exemption from CEQA for the actions taken by this Ordinance in accord with Section 21152(b) of the Public Resources Code; and Title 14, California Code of Regulations, Sections 15378(b)(3), 15382, and 15062.
SECTION VI. APPEALS.
A. Anneals Board.
There is hereby created an Appeals Board consisting of five members, to wit: Directors Anderson, Brannon, Krauel, Mason, and Omsted. The following five directors shall serve as alternate members, to wit: Directors Hollingsworth, Parker, F. Thompson, Tinker, and Turner. There is delegated to the Appeals Board the full authority of the Board of Directors to consider and resolve all appeals lodged by member agencies with the Executive Secretary.
B. A ea b h.
Each member agency may file with the Executive Secretary a request to have the Appeals Board review any action taken by the General Manager hereunder. Representatives of the member agency may appear before the Appeals Board and present such testimony and documentation considered appropriate for a proper understanding and evaluation of the claims and basis for the appeal.
4
The General Manager shall arrange for such counter presentation considered appropriate for the Appeals Board to fully comprehend all aspects relative to the decision which is the subject of the appeal.
c.
The Appeals Board shall meet as soon as practical but no later than five business days after a request is made by a member agency. The Chairman of the Board shall designate a person to be the presiding member of the Appeals Board. No member of the Appeals Board shall participate in or act upon any appeal by the member agency he or she represents. The Appeals Board, with the advice of General Counsel, shall establish fair and reasonable procedures for hearing the appeal and reviewing determinations by the General Manager.
The Chairman shall appoint alternates to serve in the case of any appeal which a member is disqualified or unable to attend. Consistent with circumstances relative to the nature of the appeal, the Appeals Board shall conduct the appeal and render its decision as expeditiously as practical. The decision shall be in writing briefly describing the pertinent circumstances for the appeal, and the basis for the decision. General Counsel may prepare a draft, pursuant to oral instructions from the Appeals Board, but each member of the Appeals Board must either approve or dissent in writing. The decision of a majority of the Appeals Board shall be the final decision on the subject of the appeal.
SECTION VII. RESERVED DISCRETION.
The Board of Directors hereby reserves its legislative discretion to modify any of the provisions hereof as changed circumstances may warrant. Modifications to increase or decrease restrictions or water allocations will be made as deemed necessary and appropriate. The General Manager shall keep the Board advised about matters pertinent to drought conditions, MWD deliveries, Authority deliveries to member agencies, appeals, and the nature and extent of other emergency conditions.
SECTION VIII. SUPERSEDURF.
If any provisions of this Ordinance are inconsistent with previous actions of the Board pertaining to plans to respond to drought conditions, the provisions hereof shall supersede such inconsistent provisions.
5
SECTION IX. SUNSET PROVISION.
This ordinance shall be effective as long as MWD's IICP, adopted on December 11, 1990 as it may be amended, is in effect or until September 30, 1992 unless the Authority's Board acts to change it.
SECTION X. EFFECTIVE DATE .
This Ordinance shall become effective on Tuesday, October 1, 1991.
SECTION XI. LEGAL BASIS FOR ACFIONS.
The foregoing rules, regulations, and restrictions are taken pursuant to Article X, Section 2 of the California Constitution and the legislative powers delegated to the Authority by Section 5(11) of the County Water Authority Act (West's Water Code, Appendix, Section 45).
PASSED, APPROVED, AND ADOPT&D, this 20th day of September 1991.
ard of Directors
).Q pb(I Michael D. Madigafi, Chairman Board of Directors
I, Janet R. Maltman, Executive Secretary of the Board of Directors of the San Diego County Water Authority, do hereby certify that the above and foregoing is a full, true, and correct copy of said resolution of said Board and that the same has not been amended or repealed.
Executive Secretary Bead of Directors
6
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APPENDIX E
Mwv
MEmoPmmv WAE-ff ulm?..CT OF SO.HfflN cdi/FORN/A .
. Fe-wry 26, 1991 .
(Engineering & Operations Committee--Xnformati Board of Directors (Water Problems Committee--Action)
General Manager
Incremental Interruption and Conservation Plan, Stage VI
Summary
On November 20, 1990, Metropolitan's Board established the Incremental Interruption and Conservation Plan (IICP) to address potential water shortages in a continuing drought. That plan provides for five stages of response. Stage V is aimed at achieving an overall 31 percent reduction in the supply of Metropolitan's water. Based upon January supply data, Metropolitan implemented Stage V of that plan effective March 1, 1991. Recent information regarding supply conditions makes it clear that Stage V of the IICP will not be adequate to address the severe supply shortfalls that will occur. This letter proposes that another stage aimed at achieving an approximate 50 percent reduction in deliveries be added to the IICP effective April 1, 1991.
This action is believed to be exempt from the California Environmental Quality Act.
Recommendation
That the Board adopt the attached Resolution providing for the addition of Stage VI to the Incremental Interruption and Conservation Plan as outlined in Method 2 described in this letter, and providing for the implementation of Stage VI effective April 1, 1991.
Detailed ReDoe
Water SUDP~V and Demand
The water supply situation in Southern California is grim. In aggregate, local groundwater basins are approaching 1977 levels; conditions vary from basin to basin - some are in
Board of Directors
c
.
-20 February 26, 1991
relatively good shape while others are at record lows; The Los Angeles Aqueducts, unless conditions dramatically improve, will deliver only about 20 percent of capacity. While efforts continue to ensure that Metropolitan will have a full Colorado River supply this year, the U.S. Bureau of Reclamation projects that about 1 million acre-feet may be
available under the Annual Operating Plan for the Colorado River system reServOirS. We have received a letter from the
Director of Water Resources indicating that the Department will approve only 10 percent of the requested municipal and industrial uses on the State Water Project in 1991. The 100 percent reduction for agriculture uses will continue.
Because the water supply situation has seriously deteriorated, Stage V of the IICP will not be adequate. Stage V is designed to reduce demands by about 700,000 acre-feet. Metropolitan's actual supplies in 1991 may well be in the range of 1,400,OOO acre-feet to 1,600,OOO acre-feet, th8refOre this letter proposes the addition of another stage to the IICP to ensure that demands of the member agencies remain within the reduced supply.
. Incremental Inte=utlon and Consem ation Plan Staae VI
There are at least three possible methods of
calculating member agency allocations under Stage VI of the IICP. Method 1 would impose a 35 percent reduction in firm deliveries and 80 percent reduction in non-firm deliveries-- an overall.50 percent reduction from base year amounts. Another alternative, Method 2 would calculate allocations by reducing base year firm deliveries by 30 percent and.non-firm by 90 percent, equating to an overall 50 percent reduction. With Method 3, target quantities in
Stage VI would be based on a 25 percent cut in firm service and a 100 percent reduction in non-firm service. It too would result in an overall reduction of 50 percent.
Table 1 illustrates the possible methods and shows the overall savings from the unadjusted base year, in percent.
.
Board of Directors . -30 February 26, 1991
Table 1
Comparison of Alternate Methods for . . . Calculatina Taruet Ouatrt1es*In S taue Vf
Reduction From Base Year
Noninterruptible 352 Interruptible 80%
Average Savings 502
Method 2
Noninterruptible Interruptible Average Savings
302 90% 501
J4ethod 3
Noninterruptible 25% Interruptible 100%
Average Savings 502
Each of these alternatives has merit. Method 1 continues the practice of requiring greater and greater conservation by municipal and industrial users while depleting our interruptible and seasonal storage reserves. Method 3 would more severely deplete these reserves, but prevent reductions in firm service from exceeding 25 percent. Method 2 accelerates the use of reserves but does not completely deplete them.
This letter recommends your Board adopt Method 2 to determine target quantities in Stage VI. The decision to accelerate the use of interruptible and seasonal storage reserves is a difficult one. A major element of the IICP has been to husband these reserves for future shortages. The potential for such future shortages is now increased on the State Water Project because municipal and industrial contractors will be on an equal footing with agricultural contractors in sharing deficiencies from 1992 through 1996, unless agricultural deficiencies are later restored. On the other hand, 1991 is likely to be the driest year on record in the State Water Project watershed. Such severe conditions warrant the increased use of reserves and leads to the recommendation that target quantities in Stage VI be determined through greater use of such reserves.
Board of Directors
c
-40 February 26, 1991
.
The recommended expanded program is illustrated in the following table: .
Plus Reduction Conservation in of Expected Non-Firm Firm Savings Stage Deliveries Deliveries AFY Percent
I II III IV V VI
Voluntary Goal 101 100,000 w-w
202 51 260,000 10 30% 101 430,000 17 40% 151 600,000 24 50% 201 770,000 31 90% 304 1,230,000 50
All other provisions of the IICP would be as outlined in my letter of November 20, 1990.
In addition to the consideration that must be given to additional stages to the IICP, discussions are under way on other follow-on actions for drought management.
Svstem fnteqL54tm . Metropolitan is aware of the potential reductions that may occur in an agency’s ability to produce local water when consumer demand.is reduced. We are considering methods to ensure that local water which is available in our service
area can be delivered to the areas where demand exists. One option is for Metropolitan to construct facilities to convey local water into its distribution system so that local supplies, where they are available, can.be conveyed to areas that have been more hard hit by the drought. Similarly, there may be interconnections between purveyor systems which can be constructed with similar aims. Finally, there may be a need to build temporary facilities which can better access the local reserves that exist. This is particularly true if the drought continues for a long period of time. We are working with the member agencies to develop specific proposals for Metropolitan's role in facilitating system integration.
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.
..’
Board of Directors c -50 February 26, 1991
fnccdtives/Dbincentivet
Discussion has begun with the member agencies regarding increasing the disincentive and incentive payments under the IICP. These discussions were undertaken because there have been indications that some water agencies may be planning to purchase Water at the disincentive rate in lieu of implementing stringent rationing plans. Since Metropolitan does not have enough water to accommodate such a strategy, it may be necessary in the future to increase the disincentives in order to discourage such plans. On the other hand, increasing the incentives may induce additional groundwater and reclaimed water production which would be in the member agencies overall interests. We expect to be before your Board in April with a specific proposal regarding incentives and disincentives.
This drought is of unknown duration which presents a clear and imminent danger to water service if steps are not taken to mitigate its impacts. Consequently, while not free from doubt, it is believed that this action is exempt from CEQA both by Public Resources Code Section 21080 (b)
(4) as necessary to prevent or mitigate an emergency as well as under Section 15301 of the Secretary for Resources' guidelines implementing CEQA since this action simply provides for the continued operation of existing facilities with no expansion of use beyond that previously existing. .
1, I
DLA: vb
Attachment
APPENDIX F
RESOLUTION NO. 900 59
RESOLUTION OF THE BOARD OF DIRECTORS OF THE SAN DIEGO COUNTY WATER AUTHORITY PROVIDING FOR THE IMPLEMENTATION bF THE INC REMENTAL INTERRUPTION AND CONSERVATION PLAN
WHEREAS, four consecutive years of drought conditions
throughout the State of California and the Colorado River Basin
have created an unprecedented threat to the sufficiency of the
imported water supply of the Authority; and
WHEREAS, the Metropolitan Water District of Southern
California has evaluated the groundwater and surface storage
reserves of its member agencies and has found them to have been
substantially depleted by the drought; and
WHEREAS, the San Diego County Water Authority has determined
that the local storage reserves of its member agencies have also
been substantially depleted by the drought; and
WHEREAS, the Metropolitan Water District of Southern
California has implemented a plan of interruption and conservation
. of its limited water supply in a manner that will protect to the
extent possible an adequate supply not only for 1991 but also
thereafter if the drought conditions should continue; and
WHEREAS, the Authority, as a member agency of the Metropolitan
Water District of Southern California, shall be subject to the
terms and conditions of the District's plan of interruption and
conservation.
NOW, THEREFORE, The Board of Directors of the San Diego
County Water Authority does hereby authorize and direct
the General Manager to implement the guidelines for the
Incremental Interruption and Conservation Plan
as defined in the General Manager's letter dated November 29, 1990;
in order to effectively provide assurance of an adequate water
supply for 1991 and subsequent years.
PASSED, APPROVED and ADOPTED this 13th day of December 1990.
/---I.~/?. ! . Chairman, Board of Diiezors San Diegb County Water Authority
I, Janet Maltman, Executive Secretary of the Board of - Directors of San Diego County Water Authority do hereby certify that the above and foregoing is a full, and correct copy of said Resolution of said Board and that the same has not been amended or repealed.
Diego County Water Authority
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APPENDIX C
ORDINANCE NO. 91-1
ORDINANCE OF THE SAN DIEGO COUNTY WATER AUTHORITY ("AUTHORITY") DECLARING THE EXISTENCE OF A WATER SHORTAGE EMERGENCY CONDITION AND ESTABLISHING PROCEDURES TO PRESERVE AND ALLOCATE AVAILABLE WATER SUPPLIES
WHEREAS, unprecedented weather conditions have resulted in four consecutive years (1987, 1988, 1989, 1990) of below normal precipitation and run-off resulting in a severe drought; and
WHEREAS, it appears likely that the current year will, without abnormal wet conditions during the remainder of the year, result in the driest year on record; and
WHEREAS, the service area of the Authority includes 98% of the population and assessed valuation of San Diego County, which is dependent upon the Authority for more than 90% of all water used for beneficial purposes; and
WHEREAS, the Authority is completely dependent upon deliveries of imported water from the Metropolitan Water District of Southern California (MWD) for water to be delivered by it to its member agencies; and
WHEREAS, MWD is dependent on water deliveries imported from the State Water Project, operated by the Department of Water Resources, and the Colorado River, controlled by the Bureau of Reclamation, for the water supplies which it delivers to the Authority and its 26 other member agencies in Ventura, Los Angeles, San Bernardino, Riverside and Orange Counties; and
WHEREAS, MWD has been notified by the Department of Water Resources that State Water Project deliveries to it will be reduced 90 percent, and by the Bureau of Reclamation that deliveries will approximate one-million acre feet; and s
WHEREAS, local water supplies available to other MWD member agencies have been reduced by the drought; and
WHEREAS, ordinary demands upon MWD are expected to exceed available supplies in such amounts as to require reductions in use of approximately 50%; and
WHEREAS, by Resolution 90-59 the Authority authorized and directed the General Manager to implement, according to the guidelines set forth in his letter dated November 29, 1990, the Incremental Interruption and Conservation Plan (IICP) of MWD which was adopted on December 11, 1990; and
WHEREAS, by motion at its regular meeting on February 14, 1991, the Authority adopted a "Drought Response Plan" to reconcile and coordinate drought management programs and implementation of the IICP; and
WHEREAS, MWD has, in view of the severity of the drought, determined as of March 4, 1991, that Stage VI of its Incremental Interruption and Conservation Plan shall become effective on April 1, 1991, which targets a reduction in deliveries to member agencies of approximately 50% of 1989-90 deliveries subject to minor adjustments for loss of local supplies, prior conservation efforts, and growth; and
WHEREAS, local supplies are gravely insufficient to augment the expected shortfall from MWD in imported water deliveries; and
WHEREAS, Governor Wilson on February 1, 1991, issued an executive order creating an Emergency Drought Action Team, with the Director of Department of Resources as its Chairman, to develop plans and procedures to minimize and deal with the drought conditions; and
WHEREAS, it is considered critical for the well being of the citizens within the.Authority that all existing water supplies be husbanded and future available imported supplies be fairly and uniformly allocated among the Authority's member agencies so that water, essential for domestic use, sanitation and fire protection, will remain available throughout the duration of the drought; and
WHEREAS, mandatory restrictions on the use and delivery of water by the Authority have never previously been adopted, but experience by other public agencies within the state facing severe limitations (i.e. reductions over 30%) on available water supplies has demonstrated that prohibitions on certain uses, adjustments to pricing structures, and limitations on deliveries of water have been found necessary to preserve water supplies for essential services and allocate remaining supplies in a fair and uniform manner; and
W&REAS, in order to accomplish this goal and also apply uniform rules throughout the Authority's service area for other beneficial uses of water, it is deemed necessary to establish rules and regulations which contain restrictions and priorities in the use of water, and
WHEREAS, the Authority is the only regional public agency with available imported water supplies which are so critically necessary and which must be allocated to all citizens according to rules and restrictions, as fair and as equitable as can be, with particular regard for domestic, sanitation and fire protection; and
I
,
i-
WHEREAS, the Authority has solicited and received advice from i its member agencies, community, business, and professional organizations, and received comments from such entities and members of the public at a special meeting held on March 7, 1991, at 2:00 p.m., and at a public hearing held on March 14, 1991, at 1:00 p.m.; and
WHEREAS, this action is the result of the unexpected occurrences, above described, which involve clear and imminent danger demanding immediate action to mitigate damage to life, health and property from the loss of an essential public service - the delivery of public water supplies, and, therefore, it is exempt from the provisions of the California Environmental Quality Act (Public Resources Code Sections 21080 (b) (4), 21060.3; Title 14, California Code of Regulations, Section 15269(c));
NOW, THEREFORE, the Board of Directors of the San Diego County Water Authority (ltAuthorityll) hereby Determines, Declares, Ordains, and Orders, as follows:
SECTION I. DECLARATION OF WATER SHORTAGE EMERGENCY CONDITION.
It is hereby determined and declared that, based upon the foregoing recitals, the Authority is unable to provide sufficient water supplies to meet the ordinary demands and requirements of its member agencies without depleting available water supplies to the extent that insufficient water would be available for human consumption, sanitation, and fire protection.
Consequently, a water shortage emergency condition prevails within the service area and boundaries of the Authority which requires adoption of rules, regulations, and restrictions on the delivery and consumption of water within the Authority.
SECTION II. 1
The following restrictions shall apply to all users of water within the Authority and shall become effective at 8:00 a.m. on Monday, April 1, 1991. Each member agency shall adopt said restrictions to become effective at said time, or as soon thereafter as possible, within their respective service areas.
A. Definitions
j .-i-
1. @'Active park and school ground areas" means areas designated by public agencies and private schools for specific sporting and recreational activities and areas
3
2.
3.
4.
5.
6.
7.
e
8.
traditionally used for active play or recreation where turf is an integral part of the activity.
DIConservation offsetI@ means the implementation of proven conservation techniques which, when installed, will result in a reduction equal to demand of the proposed use. Calculation of demand and saving shall be performed or verified by the member agency or the General Manager based upon non-drought conditions.
"Fire Protection" means actions for prevention or suppression of fires as directed by the Fire Marshal or Fire Prevention officer with jurisdiction over the local area involved.
wGreywaterN means household wastewater other than toilet water, i.e., water from the laundry, shower, tub, bathroom and kitchen sinks. Its use is presently prohibited by the San Diego County Department of Health Services. The exception mentioned for greywater in Section II, C (1, d) and (4) depends solely upon approval of such use by the San Diego County Department of Health Services according to issued rules and regulations.
"Micro irrigation systems/eguipment11 means low pressure,low volume methods of water application. These devices include drip emitters, T-tape, microsprayers, mini-sprinklers, twirlers, and spaghetti tubing. Pop-up sprinklers are not considered low- volume, low pressure irrigation systems/equipment. . .
"Potable Water" means water delivered by a member agency which meets drinking water standards or water delivered by the Authority.
"Reclaimed water" means water which, as a result of treatment of wastewater, is suitable for a direct beneficial use or controlled use that would not otherwise occur. See, Water Code, Section 13050(n).
"Recreational and Ornamental Lakes and Ponds" means bodies of water which are not swimming pools, water storage reservoirs for potable water or irrigation purposes, or pools which maintain rare plant or animal
species.
B. General Reuuirements.
All water users are expected to minimize potable water use for the duration of the drought emergency. Monthly
allocations to member agencies pursuant to Section IV,
infra, will require substantial reductions in use which, on average, are expected to reach fifty percent.
Indoor uses will, in general, be reduced by such practices as fewer and shorter showers and baths, no running water while brushing teeth and shaving, full loads in dish and clothes washers, avoidance of unnecessary toilet flushing, frequent checking and repair of leaks, and other conservation practices.
c. Potable Water Use Prohibitions.
1. Irriaation of Turf.
Irrigation of turf is prohibited except under the following circumstances:
a. for active public park and school ground areas no more than twice weekly;
b. at day care centers where required by license no more than twice weekly;
C. for purposes of maintaining public safety (such as fire protection); and
d. when using reclaimed water, greywater, or private well water.
e. At public parks, where trees and shrubs are interspersed amidst turf supported by the same irrigation system provided the area of irrigation is within the drip line of each tree or shrub and irrigation is no more than once every two weeks.
2. Irritation of Ground Cover.
Irrigation of ground cover is prohibited except under the following circumstances:
a. for fire protection;
b. where trees and shrubs are interspersed amidst ground cover supported by the same irrigation system; and
c. for preservation of existing ground cover which is designed to stabilize slopes.
Irrigation of ground cover as allowed under Section II (C) (2) (b) and (c) is restricted to once every 14 days.
5
3. Irriaationof AQricultural
Outside irrigation of trees, shrubs, and other plants which are not turf or ground cover, is allowed only by hand-held hose with positive shutoff nozzle, bucket, or micro irrigation systems/equipment. Sprinkler systems may only be used for agricultural production, watering active public park and school ground areas, maintenance of ground cover in accordance with section II (C) (2), and for purposes of maintaining public safety (such as fire protection).
4.
5.
Irriaation Waterina Hours
No outdoor irrigation shall occur,between 9 a.m. and 4 p.m., except when using a micro irrigation system/equipment, or for agricultural production, or when using reclaimed water, greywater or private well water. Anyone using such alternative water sources shall post signs along public rights of way noticing the type of usage.
Hosina or Snravina of Paved or Hard Surfaces
Hosing paved or hard surfaces including but not limited to sidewalks, driveways, patios, streets and parking areas is prohibited except for compelling public health and safety reasons. Allowed hosing activities shall be done only with a hose equipped with a positive shutoff nozzle.
Spraying hard surfaces during irrigation activities is prohibited.
6. Runoff and Reoairincf of Leaks.
. All runoff except natural runoff from property is prohibited. Leaks to irrigation and plumbing systems shall be immediately repaired.
7. Fillinu of Pools and Soas.
Filling of new residential pools and spas is prohibited except under the following circumstances:
a. where the owner can produce and demonstrate a conservation offset; or,
b. where the owner can produce evidence that private well water will be utilized.
6 ,
Draining of existing pools is prohibited except under orders of the appropriate local health or building official.
8. Recreational and Ornamental Lakes and Ponds.
Recreational and ornamental lakes and ponds may not be filled or refilled except with reclaimed water or other non-potable water. Lakes and ponds utilizing reclaimed water or other non-potable water must post signs noticing such usage.
9. Golf Course Irriuation.
Golf courses may use potable water supplied by a member agency only to irrigate tees and greens. Irrigation of fairways and roughs with potable water or any blend thereof is prohibited. Golf courses irrigating with reclaimed water or other non-potable water shall post signs noticing such usage.
10. Restaurants
Restaurants shall serve water only upon request.
11. Ornamental Fountains
Operation of ornamental fountains is prohibited except when non-potable or reclaimed water is used and where signs are posted notifying such use.
12. Washinu of Vehicles
Washing of vehicles is prohibited except:
a. in commercial carwashes;
b. commercial vehicles for reasons of public health
I and safety;
c. where water e.g. warmup lavatories;
d. by a mobile
13. New Services
has been salvaged from indoor use, water from showers, sinks, and/or or
high-pressure/low volume service.
Except as to property for which a building permit has been heretofore issued, no new potable water service shall be provided, no new temporary meters or permanent meters shall be provided, and no commitments (such as, will serve letters, certificates or letters
7
of availability) to provide potable water service shall be issued, except for the following circumstances:
a. the commitment includes a notice that a water shortage emergency condition prevails resulting in a water moratorium and no water service is currently available;
b. for projects necessary to protect the public's heal&/safety, and welfare;
C. when it can be demonstrated that no net in water use will occur; or .
e. when a conservation offset is provided.
D. Landscane Manaaement Plans.
increase
If a member agency has met its monthly allocations pursuant to Section IV for two consecutive months, it may approve a landscape management plan prepared by a licensed landscape architect or landscape contractor which demonstrates that no net monthly increase in water use for the property served will occur. In addition, the property to be served must have been in compliance with the prohibitions in Section II (C) prior to submission of the plan.
E. Member Aaencv Anneal Process.
Each member agency shall establish an appeal process whereby retail customers may submit requests for consideration of special circumstances, including unusual hardships. Special regard shall be given for domestic uses, sanitation and fire protection, and uniform rules for other users.
SECTION III. p SUBS AL COMP GE FOR FAILURE TO COMPLY. COMPLIANCE MEASURES. ‘
A. Substantial Comnliance.
A member agency may submit to the General Manager requests to make minor modifications to the water restrictions provided for in Section II. The General Manager shall promptly notify the member agency whether such modifications are deemed substantially equivalent or more severe in water use impacts. If so, such modifications shall be approved; otherwise, in the General Manager's sole discretion the request shall be denied.
8
B. Surcharge for Failure to Adopt.
Failure by a member agency to adopt the restrictions set forth in Section II, or restrictions which have been approved by the General Manager will result in a surcharge on such member agency's water deliveries commencing April 15, 1991. The surcharge shall be $200 for each acre foot of water delivered by Authority to the member agency until such water use restrictions are adopted.
C. Member Comnliance Measures.
Each member agency shall take such actions and adopt such measures as it considers appropriate to secure compliance by its retail consumers of the water use restrictions applicable within its service area. The Authority will participate, as requested, to the extent it can in furnishing assistance and coordinating guidelines for use by member agencies.
SECTION IV. MONTHLY ALLOCATIONS TO MEMBER AGENCIES.
A. Amounts.
MWD's Incremental Interruption and Conservation Program (IICP) was adopted as the means of allocating water to its member agencies during drought conditions. The IICP establishes monthly targets for each of MWD's member agencies based on water taken from MWD in the same month of the 1989-90 base year. Adjustments are to be made to reflect growth, changes in local supplies, and significant conservation programs.
The Authority, by Resolution 90-59, adopted a procedure and method by which MWD's IICP target to the Authority is established as monthly allocations for each of the Authority's member agencies. All provisions for adjustment which apply to the Authority shall apply to Member Agency - allocations as provided by Resolution 90-59. The General
Manager shall notify each member agency of its monthly allocation, the basis for its calculation, and when changes in MWD's IICP conservation level are proposed and acted upon.
Each member agency shall implement programs necessary to reduce delivery requests of the Authority to comply with its monthly allocation. The General Manager will provide status reports during the month and a formal accounting to each member agency as part of the regular billing process.
B. Adiustments and Modifications to Monthlv Allocations.
The General Manager shall make such adjustments and modifications in the monthly allocations (on a daily, weekly or other basis if appropriate) as may be necessary and appropriate to pass through to member agencies any increases or decreases in deliveries received by the Authority from MWD.
SECTION V. SURCHARGES AND INCENTIVES FOR MONTHLY WATER ALLOCATIONS.
A. Amounts.
Commencing February 1, 1991, each member agency delivered less water than its monthly allocation shall receive an incentive credit of one-half MWD's untreated, non- interruptible rate rounded to the nearest dollar (currently $99) for each acre foot under its allocation. Each member agency delivered more water than its monthly allocation shall be surcharge.d twice the MWD untreated, non- interruptible rate (currently $394) for each acre foot over its allocation.
8. Cumulation - Reconciliation.
Surcharges and credit incentives shall be calculated monthly and debited or credited to the member agency's regular monthly statement. As of September 30, 1991, each member agency's account for surcharges and credit incentives as provided in this section shall be cumulated on a per acre foot basis. The net financial impact shall be adjusted accordingly. That is, if a member agency is delivered 1,000 acre feet in excess for one month and reduces deliveries for another month 1,000 acre feet below the monthly allocation as may have been adjusted, then the financial impact on such member agency will be zero.
. .
C. Modification of Surcharues and Incentives.
If MWD modifies the amount‘or condition of the surcharge and incentive payments in its IICP, the General Manager shall notify the member agencies and pass through all changes. The General Manager shall implement such modified changes immediately upon their imposition upon the Authority, and no further action of the Board of Directors shall be required.
10
SECTION VI. DELIVERY RESTRICTIONS.
i A. Notices.
The General Manager shall, in a timely and appropriate manner, notify each member agency about the differences between monthly allocations and actual deliveries. If the differences indicate that a member agency is unlikely to be able to meet its monthly allocations, a warning notice shall be given.
B. Reductions.
Any member agency which is more than 5% over its monthly allotment on April 30, 1991, shall be given notice by the General Manager. The notice shall specify the amount of the overage, offer specific assistance in developing an action
plan, and advise of the specific consequences of a failure
to reduce demands. Deliveries will be monitored on a daily basis.
Beginning May 1, 1991, member agencies which have not reduced deliveries to within 5% of monthly allocations shall have their daily deliveries reduced by the General Manager in a manner estimated to result in attainment of monthly allocations.
c. Adiustments.
The General Manager may make adjustments in deliveries to a member agency because of special circumstances or to protect the ability of the member agency to meet its needs for domestic use, sanitation, and fire protection.
Particular regard will be given to domestic use, sanitation and fire protection. Also, consideration will be given to pertinent matters designed to avoid discrimination between consumers using water for the same purpose and to promote uniformity in the beneficial uses made of water 'within the boundaries of the San Diego County Water Authority.
SECTION VII. ALENVIRONMENTAL C LIFORN
The General Manager shall cause to be filed a notice of exemption from CEQA for the actions taken by this Ordinance in accord with section 21152(b) of the Public Resources Code, Sec. Title 14, California Code of Regulations 15062.
11
SECTION VIII. APPEALS.
A. ADDealS Board.
There is hereby created an Appeals Board consisting of five members, to wit: Directors Anderson, Brannon, Krauel, Mason and Omsted. The following five directors shall serve as alternate members, to wit: Directors Hollingsworth, Parker, F. Thompson, Tinker, and Turner. There is delegated to the Appeals Board the full authority of the Board of Directors to consider and resolve all appeals lodged by member agencies with the Executive Secretary.
B. Anneals bv Member Aaencies.
Each member agency may file with the Executive Secretary a request to have the Appeals Board review any action taken by the General Manager hereunder. Representatives of the member agency may appear before the Appeals Board and present such testimony and documentation considered appropriate for a proper understanding and evaluation of the claims and basis for the appeal.
The General'Manager shall arrange for such counter presentation considered appropriate for the Appeals Board to fully comprehend all aspects relative to the decision which is the subject of the appeal.
C. Procedure - Decisions.
The Appeals Board shall meet as soon as practical but no later than 5 business days after a request is made by a member agency, if desired by the member agency. The Chairman of the Board shall designate a person to be the presiding member of the Appeals Board. No member of the Appeals Board shall participate in or act upon any appeal by the member agency he or she represents. The Appeals Board, with the advice of General Counsel, shall establish fair and reasonable procedures for hearing the appeal and reviewing ~ determinations by the General Manager.
The Chairman shall appoint alternates to serve in the case of any appeal which a member is disqualified or unable to attend. Consistent with circumstances relative to the nature of the appeal, the Appeals Board shall conduct the appeal and render its decision as expeditiously as practical. The decision shall be in writing briefly describing the pertinent circumstances for the appeal, and the basis for the decision. General Counsel may prepare a draft, pursuant to oral instructions from the Appeals Board, but each member of the Appeals Board must either approve or dissent in writing. The decision of a majority of the Appeals Board shall be the final decision on the subject of the appeal.
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SECTION IX. RESERVED DISCRETION.
The Board of Directors hereby reserves its legislative discretion to modify any of the provisions hereof as changed circumstances may warrant. The provisions herein are considered to be temporary and will be revoked as soon as the water shortage emergency condition ends. Modifications to increase or decrease restrictions or water allocations will be made as deemed necessary and appropriate. The General Manager shall keep the Board advised about matters pertinent to drought conditions, MWD deliveries, Authority deliveries to member agencies, appeals, and the nature and extent of other emergency conditions.
SECTION X. SUPERSEDURE.
If any provisions of this ordinance are inconsistent with previous actions of the Board pertaining to plans to respond to drought conditions, the provisions hereof shall supersede such inconsistent provisions.
SECTION XI. SUNSET PROVISION.
This ordinance, unless sooner terminated by the Board, shall terminate September 30, 1991, unless prior to said date the Board acts to extend it.
SECTION XII. LEGAL BASIS FOR ACTIONS.
The foregoing rules, regulations and restrictions are taken pursuant to Article X, section 2, of the California Constitution and the legislative powers delegated to the Authority by Section 5(11) of the County Water Authority Act (West's Water Code, Appendix, Section 45) and Sections 350 through 357 of the Water Code providing for declaration of water shortage emergencies. 'r
PASSED, APPROVED AND ADOPTED, this 14th day of March, 1991.
)./r2 m/i A kike Madigan, Chal+n Board of Directors
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I, Kim Laru, Acting Executive Secretary of the Board of Directors of the San Diego County Water Authority, do hereby certify that the above and foregoing is a full, true and correct copy of said resolution of said Board and that the same has not been amended or repealed. .
Acting Executive Secretary Board of Directors
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APPENDIX D
2 AN ORDINANCE OF THE CARLSBAD MUNICIPAL WA?ER DISTRICT
3 FINDING THE NECESSITY FOR AND ADOPTING A WATER CONSERVATION PROGRAM
5 BE IT ORDAINED by the Board of Directors of the Carlsbad Municipal Water District as follows:
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rMwn?ud ORDINANCE NO. 35 I i4u31l~Al.~lER5imlcT
Section 1. Declaration of Policy. California Water Code Sections 375 et. seq. permit public entities which supply water at retail to adont and enforce a water conservation program to reduce the quantity of water used by the people therein for the purpose of conserJi.ng the water supplies of such public entity. The Board hereby establishes a comprehensive water conservation program pursuant to California Water Code Sections 375 et seq., based upon the need to conserve water supplies and to avoid or minimize the effects of any future shortage.
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Section 2. Findincs. The Beard finds and determines that
a water shortage could exist based upon the occurrence of one cr more of the following conditions:
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(A) A general. water supply she, rtage due to increased demand or limited supplies.
(B) Distributicn or storage facilities of the Metropolitan Water District cf Southern California, the San Diego County Water Authority, the District, or other agencies become temporarily or permanently inadequate.
The Boarci also finds and deternines that the ccnditions prevailing in the San Diego Countv area reouire that the water sources available be pu t to maximum beneficial use to the extent to which they are capable, and that the waste or unreasonable use, or unreasonabie method cf use, of water be prevented and that the conservation of such water be enccuraged with a view to the maximum reascnable and beneficial use thereof in the interest of the people of the District and for the public welfare.
Section 3. Anclication. The provisions of this ordinance shall apply to ail water served to persons, customers, and
property by the District.
Section 4. Authorization. The District General Manager, or a .designated representative, is hereby authorized and
directed to implement the provisions of this ordinance. Additionally, the General Manager, or designated representative, is hereby authorized to make minor and limited exceptions to
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prevent undue hardship or unreasonable restrictions, provided. that water shall not be wasted or used unreasonably and the purpose of this ordinance can be accomplished.
Section 5. Water Conservation Stacres. No person shall knowingly use water or permit the use of wate? supplied by the District for commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this ordinance, in an amount in excess of the amounts authorized by this ordinance or during any period of time other than the periods of time specified in this ordinance. At no time shall water be wasted or used unreasonably.
Unreasonable uses of water are those that violate the "Carlsbad Water Ethic," a policy adopted by the Board to establish a list of prudent water uses to be followed regardless of the availability of local or imported water supplies.
The following stages shall take effect upon declaration as herein provided:
(B) STAGE 1 - VOLUNTARY COMPLIANCE - WATER WATCH. Stage 1 applies during normal periods to encourage conservation by the reasonable use of water in accordance with the Carlsbad Water Ethic.
(Cl STAGE 2 - ENFORCEMENT REOUIRED - WATER ALERT. Stage 2 applies during periods that the District determines that water usage should be reduced approximately 10% in order to meet all of the water demands of its customers, either now or in the foreseeable future. Implementation of STAGE 2 should result in an average of 10% reduction in water use from a base period to be determined at the time of declaration. Specific mandated restrictions in water use for Stage 2 are as follows:
1.) Construction Usage - All construction water must be reclaimed water or nonpotable water, if available.
2-l Development Construction -
a=) After declaration of Stage 2 and prior to issuance of any building permit, the developer will be required to certify that a 10% reduction of the projected average water usage for that development shall be achieved.
b.) In addition to the requirements in paragraph
2-b.), developer shall be required to present a Plan to identify how 10% of the projected average water usage generated by the development will be offset by reduction in water use by existing customers. The Plan must be approved by the
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General Manager and its implementation guaranteed before a building permit will be issued. The Plan implementation may be guaranteed by installation or construction of the required improvements, or through payments of fees as d>termined by the General Manager.
(D) STAGE 3 - ENFORCEMENT REOUIRED - WATER WARNING.
Stage 3 applies during periods when the District determines that water usage should be reduced approximately 15% in order to meet all of the water demands of its customers now or in the foreseeable future. Implementation of STAGE 3 should result in a minimum of 15% reduction in water use from a base period to be determined at the time of declaration. Specific mandated restrictions in water use for Stage 3 are as follows:
1,) Construction Usage - All construction water must be reclaimed water or nonpotable water, if available.
2.1 Development Construction - a.> After declaration of Stage 3 and prior to issuance of any building permit, the developer will be required to certify that a 15% reduction of the projected average water usage for that development shall be achieved.
b-1 In addition to the requirements in paragraph
24a.L developer shall be required to present a Plan to identify how 15% of the projected average water usage generated by the development will be offset by reductions in water use by existing customers. The Plan must be approved by the General Manager and its implementation guaranteed before a building permit will be issued. The Plan implementation may be guaranteed by installation or construction of the required improvements, or through payments of fees as determined by the General Manager.
(El STAGE 4 - ENFORCEMENT REOUIRED - WATER WARNING. Stage 4 applies during periods when the District determines that water usage should be reduced approximately 20% in order to meet all of the water demands of its customers now or in the foreseeable future. Implementation of STAGE 4 should result in a minimum of 20% reduction in water use from a base
period to be determined at the time of declaration.
Specific mandated restrictions in water use for Stage 4 are as follows:
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1.) Construction Usage - All construction water must be reclaimed water or nonpotable water, if available.
2.1 Development Construction -
a-1 After declaration of Stage 4 and prior to issuance of any building permit, the developer will be required to certify that a 20% reduction of the projected average water usage for that development shall be achieved.
b.) In addition to the requirements in paragraph
24a.L developer shall be required to present a Plan to identify how 20 % of the projected average water usage generated by the development will be offset by reductions in water use by existing customers. The Plan must be approved by the General Manager and its implementation guaranteed before a building permit will be issued. The Plan implementation may be guaranteed by installation or construction of the required improvements, or through payments of fees as determined by the General Manager.
1 STAGE 5 - ENFORCEMENT REOUIRED - WATER WARNING. Stage 5 applies during periods when the District determines that water usage should be reduced approximately 30% in order to meet all of the water demands of its customers now or in the foreseeable future. Implementation of STAGE 5 should result in a minimum of 30% reduction in water use from a base period to be determined at the time of declaration. Specific mandated restrictions in water use for Stage 5 are as follows:
1-1 Landscape (except residential) - Eliminate watering of ornamental turf areas. Water only actively used turf areas no more than twice per week. Trees and shrubs may be watered only twice per week using a hand held hose with a positive shutoff nozzle or drip irrigation. Use of reclaimed water, however, is exempt.
2-I Household and Household Members (Residential landscapes) - Water no more than twice per week using only hand held hose with positive shutoff nozzle or drip irrigation systems. Eliminate sprinkler use.
3.) Construction Usage - All construction water must be reclaimed or nonpotable. Issuance of construction meters will be only for testing and disinfection of potable waterlines.
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4.) Development Construction - a.) After declaration of Stage 5 and prior to the issuance of any building permit, the developer will be required to certify that a 30% reduction of the projected average water usage for that development shall be achieved.
b.) In addition to the requirements in paragraph
44a4, developer shall be required to present a Plan to identify how 30% of the projected average water usage generated by the development will be offset by reductions in water use by existing customers. The Plan must be approved by the General Manager and its implementation guaranteed before a building permit will be issued. The Plan implementation may be guaranteed by installation
or construction of the required improvements, or through payments of fees as determined by the General Manager.
(G) STAGE 6 - ENFORCEMENT REOUIRED - WATER WARNING. Stage 6 applies during periods when the District determines that water usage should be reduced approximately 40% in order to meet all of the water demands of its customers now or in the foreseeable future. Implementation of STAGE 6 should result in a minimum of 40% reduction in water use from a base period to be determined at the time of declaration. Specific mandated restrictions in water use for Stage 6
are as follows:
1.1 Landscape (except residential) - Same requirements as Stage 5 plus irrigate playing fields only.
2.1 Household and Household Members (Residential landscapes) - Same as Stage 5 and no outside irrigation except with water reclaimed from indoor use with hand held bucket to effect a 40% cutback.
3.) Construction Usage - Same as Stage 5.
4.) Development Construction -
a-1 After declaration of Stage 6 and prior to issuance of any building permit, the developer will be required to certify that a 40% reduction of the projected average water usage for that development shall be achieved.
b.) In addition to the requirements in paragraph 4.)a., developer shall be required to present a Plan to identify how 40% of the projected average water usage
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generated by the development will be offset by reductions in water use by existing customers. The Plan must be approved by the General Manager and its implementation guaranteed before a building permit will be issued. The Plan implementation ‘may be guaranteed by installation or construction of the required improvements, or through payments of fees as determined by the General Manager.
5 RECOMMENDATIONS ON METHODS OF CONSERVING WATER DURING THE VARIOUS STAGES ARE ATTACHED AS EXHIBIT 'A'
6 (RESPONSE STAGE ACTIONS).
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Section 6. 'Implementation of Conservation Stases. The District shall monitor the projected supply and demand for water by its customers on a daily basis. The Manager shall determine the extent of the conservation required through the implementation and/or termination of particular conservation stages in order for the District to prudently plan for and supply water to its customers. Thereafter the Manager may order that the appropriate stage of water conservation be implemented or terminated in accordance with the applicable provision of this Ordinance. The declaration of any stage beyone STAGE 1 shall be made by a mass mailing and public announcement and notice shall be published a minimum of three (3) consecutive times in a newspaper of general circulation. The stage designated shall become effective immediately upon announcement. The declaration of any stage beyond STAGE 1 shall be reported to the Board at its next meeting. The Board shall thereupon ratify the declaration, rescind the declaration, or direct the declaration of a different stage.
16 i Section 7. Penaltv.
(A) Penalties. It shall be unlawful for any customer of
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the District to fail to comply with- any of the provisions of this Ordinance and of "The Carlsbad Water Ethic." Failure to comply with any of the provisions of this Ordinance and of The Carlsbad Water Ethic shall be as follows:
1. For the first violation by any customer of any of the provisions of this Ordinance or the Carlsbad Water Ethic, the District shall verbally notice the fact of such violation to the customer.
2. For a second violation by any customer of any of the provisions of this Ordinance or the Carlsbad Water Ethic, the District shall issue a personal notice of the fact of such violation to the customer.
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3. For a third violation by a customer of any provision of this Ordinance or the Carlsbad Water Ethic, the District may install a flow restricting device of one gallon per minute (1 GPM) capacity for services of up to one and &e-half inch (l- l/2") size and comparatively sized restrictors for larger services upon a prior determination that the customer has repeatedly violated the provisions of this Ordinance or the Carlsbad Water Ethic regarding the conservation of water and that such action is reasonably necessary to assure compliance with this Ordinance or the Carlsbad Water Ethic regarding the consecration of water. Such action shall be taken only after a hearing held by the District Manager or designee, where the customer has an opportunity to respond to the District's information or evidence that the customer has repeatedly violated the provisions of this Ordinance or the Carlsbad Water Ethic regarding the conservation of water and that such action is reasonably necessary to assure compliance with this Ordinance and the Carlsbad Water Ethic regarding the conservation of water.
As determined by the General Manager any such restricted service may be restored upon application of the customer made not less than forty-eight (48) hours after the implementation of the action restricting service and only upon a showing by the customer that the customer is ready, willing and able to comply with the provisions of this Ordinance or the Carlsbad Water Ethic regarding the conservation of water. Prior to any restoration of service, the customer shall pay all District charges for any restriction of service and its restoration as provided for in the District's rules governing water service.
Any willful tampering with or removal of any flow restriction device shall result in termination of service for a period to be determined by the General Manager.
(B) Notice. The District shall give notice of each violation to the customer committing such violation as follows:
1. For any violation of the provisions of this Ordinance or the Carlsbad Water Ethic, the District may give written notice of the fact of such violation to the customer personally or by United States mail, First Class, Registered postage paid.
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2. If the penalty assessed is, or includes, the installation of a flow restrictor to the customer, notice of the violation shall be given in the following manner:
(a) By giving written notice thereof to the customer personally: or
(b) If the customer be absent from or unavailable at either his place of residence or his assumed place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy through the United States mail;. First Class, Registered postage prepaid, addressed to the customer at his place of business, residence, or such other address provided by the customer for bills for water or electric service if such can be ascertained: or
Cc) If such place or residence, business or other address cannot be ascertained, or a person of suitable age or discretion at any such place cannot be found, then by affixing a copy in a conspicuous place on the property where the failure to comply is occurring and also be delivering a copy to a person of suitable age and discretion there residing, or employed, if such person can be found, and also sending a copy through the United States mail, First Class, Registered postage prepaid, addressed to the customer at the place where the property is situated as well as such other address provided by the customer for bills for water or electric service if such can be ascertained.
Said notice shall contain, in addition to the facts of the violation, a statement of the possible penalties for each violation and statement informing the custome r of his right to a hearing on the violation.
(C) Appeals. Any customer against whom a penalty is levied pursuant to this section shall have a right to an
appeal, in the first instance to the District General Manager or designee with the right of appeal to the District's Water Commissioners, on the merits of the alleged violation, upon written request of that customer to the District within fifteen days of the date of notification of the violation.
Section 8. CEOA Exemotion. The Carlsbad Municipal Water District finds that this Ordinance and actions taken hereafter Pursuant to this Ordinance are exempt from the California Environmental Quality Act as specific actions necessary to
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prevent or mitigate an emergency pursuant to Public Resources Code Section 21080(b) (4) and the California Environmental Quality Act Guidelines Section 15269(c). The Manager of the
District is hereby authorized and directed to-file a Notice of Exemption as soon as possible following adoption of this Ordinance.
Section 9. Rerseal of Ordinance No. 30. An Ordinance of
the Carlsbad Municipal Water District Finding the Necessity for and Adopting an Emergency Water Management Program to Replace Ordinance No. 28 (Ordinance No. 30) is hereby repealed in its
entirety.
Section 10. Effective Date and Publication. This Ordinance
shall become effective as of the date of adoption and shall be published within ten days of adoption, pursuant to the
California Water Code Section 376.
PASSED, APPROVED AND ADOPTED by the Board of Directors of
the Carlsbad Municipal Water District at a meeting held on
March 5, 1991 I by the following roll call vote:
AYES: Board Members Lewis, Kulchin, Larson, Stanton and Nygaard
NOES: None
ABSENT: None
L Aletha L. Rautenkranz, Secrethry
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APPENDIX E
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Version 3 _-
ORDINANCE NO. 91-6
ORDINANCE OF THE SAN DIEGO COUNTY WATER AUTHORITY ("AUTBORITY") RESCINDING ORDINANCE 91-4 AND ESTABLISHING RULES, REGULATIONS, AND RESTRICTIONS SO THAT AVAILABLE-WATER SUPPLIES ARE ALLOCATED AMONG MEMBER AGENCIES FOR THE GREATEST PUBLIC INTEREST AND BENEFIT
WHEREAS, Ordinance 91-4 was adopted on June 25, 1991; and
WHEREAS, certain changes are considered appropriate for Sections III, A, B, and C and Section VIII as herein provided;
NOW, THEREFORE, the Board of Directors of the San Diego County Water Authority ('*Authority") hereby Determines, Declares, Resolves, and Orders, as follows:
SECTION I. ORDINANCE 91-4 RESCINDED.
Ordinance 91-4 adopted June 25, 1991 is hereby rescinded, except that the recitations therein remain effective findings by this Board.
SECTION II. MONTHLY ALLOCATIONS TO MEWBER AGENCIES.
A. mounts.
MWD's Incremental Interruption and Consentation Program (IICP) was adopted on December 11, 1990 as the means of allocating water to its member agencies during drought conditions. The IICP establishes monthly targets for each of WWD's member agencies based on water taken from MWD in the same month of the 1989-90 base year. Adjustments are to be made to reflect growth, changes in local supplies, and significant conservation programs.
The Authority, by Resolution 90-59, adopted a procedure and method by which MWD's IICP target to the Authority is established as monthly allocations for each of the Authority's member agencies. All provisions for adjustment which apply to the Authority shall apply to Member Agency allocations as provided by Resolution 90-59. The General Manager shall notify each member agency of its monthly allocation, the basis for its calculation, when changes in MWD's IICP conservation level are proposed and acted upon, and provide status reports during the month and a formal accounting to each member agency as part of the regular billing process.
B.
In order to achieve the reductions necessary to comply with the monthly allocations, the Authority recommends that eachmember agency implement programs substantially equivalent to those set forth in the Response Stage Actions (currently Stage IV) of the Drought Response Plan adopted February 14, 1991, which is attached as Exhibit A hereto.
c. . Adiustments and Modifications to M nthlv A 0 llocations.
The General Manager shall increase the amounts of monthly allocations under Section II A so that the allocation is 80% of the base year Authority deliveries, and make such adjustments and modifications in the monthly allocations (on a daily, weekly, or other basis if appropriate) as may be necessary and appropriate to pass through to member agencies any increases or decreases in deliveries received by the Authority from MWD or any other water supply changes.
SECTION III. SURCHARGES INCENTIVES FOR MONTHLY WATER LOCATIONS.
A. &mounts.
Commencing October 1, 1991, incentive credits will be given to each member agency which reduces both its Authority deliveries below its monthly allocations under Section II hereof and reduces its monthly water usage 20 percent below its 1989-90 base-year usage. Base-year usage means the amount of water used from all sources including deliveries from the Authority plus local supplies to meet an agency's 1989-90 consumers' needs, adjusted for growth and conservation. The credit shall be as determined under Section III (B) hereof.
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Each member agency delivered more water than its monthly delivery allocation shall' be surcharged twice the MWD untreated, non-interruptible rate (currently $394) for each acre foot over its delivery allocation.
B.
After reconciliations, as of September 30, &Ma ~~~~ have been made by MWD under its IICP y unher Section III (C) hereof, any net conservation credit payments received by the Authority from MWD plus the net sum of any surcharges received by Authority from its member agencies shall be shared prorata among member -
2
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agencies that received less than the sum of their monthly allocations under Section II hereof. The share shall be a fraction, the numerator shall be the amount each such member agency received less than the sum of its monthly allocations. The denominator shall be the sum of the numerators as determined for all such member agencies.
C. . Cumulation - Reconciliat ion.
Each member agency's account for surcharges and credit incentives shall be cumulated
.,.,.. .,...<.~~...~.iE(y The ..*,:*p.. 2.. iref f. . . . . inancial impact shall be adjusted accordingly. That is, if a member agency receives a credit on 1,000 acre feet of water in one month and is surcharged on 1,000 acre feet of water in another month, then the financial impact on such member agency will be zero.
D. Modification of Surcharaes and Incentives.
If MWD modifies the program or the amount or condition of the disincentive surcharge and incentive payments in its IICP, the General Manager shall notify the member agencies of such changes. The General Manager shall implement such modified changes immediately upon their imposition upon the Authority, and no further action of the Board of Directors shall be required.
SECTION Yr :~~ CALIFORNIA ENVIRONMENTAL OUALITY ACT (CEOA) . I
The General Manager shall cause to be filed a notice of exemption for CEQA for the actions taken by this Ordinance in accord with Section 21152(b) of the Public Resources Code, Sec. Title 14, California Code of Regulations 15062.
SECTION s @j Am.
A. A mBoard.
There is hereby created an Appeals Board consisting of five members, to wit: Directors Anderson, Brannon, Krauel, Mason, and Omsted. The following five directors shall serve as alternate members, to wit: Directors Hollingsworth, Parker, F. Thompson, Tinker, and Turner. There is delegated to the Appeals Board the full authority of the Board of Directors to consider and resolve all appeals lodged by member agencies with the Executive Secretary.
B. A g a es.
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Each member agency may file with the Executive Secretary a request to have the Appeals Board review any action taken by
4
the General Manager hereunder. Representatives of the member agency may appear before the Appeals Board and present such testimony and documentation considered appropriate for a proper understanding and evaluation of the claims and basis for the appeal.
The General Manager shall arrange for such counter presentation considered appropriate for the Appeals Board to fully comprehend all aspects relative to the decision which is the subject of the appeal.
c. Procedure - Decisiow.
The Appeals Board shall meet as soon as practical but no later than five business days after a request is made by a member agency. The Chairman of the Board shall designate a person to be the presiding member of the Appeals Board. No member of the Appeals Board shall participate in or act upon any appeal by the member agency he or she represents. The Appeals Board, with the advice of General Counsel, shall establish fair and reasonable procedures for hearing the appeal and reviewing determinations by the General Manager.
The Chairman shall appoint alternates to serve in the case of any appeal which a member is disqualified or unable to attend. Consistent with circumstances relative to the nature of the appeal, the Appeals Board shall conduct the appeal and render its decision as expeditiously as practical. The decision shall be in writing briefly describing the pertinent circumstances for the appeal, and the basis for the decision. General Counsel may prepare a draft, pursuant to oral instructions from the Appeals Board, but each member of the Appeals Board must either approve or dissent in writing. The decision of a majority of the Appeals Board shall be the final decision on the subject of the appeal.
SECTION S&&& m$j RESERVED DISCRETION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Board of Directors hereby reserves its legislative discretion to modify any of the provisions hereof as changed circumstances may warrant. Modifications to increase or decrease restrictions or water allocations will be made as deemed necessary and appropriate. The General Manager shall keep the Board advised about matters pertinent to drought conditions, MWD deliveries, Authority deliveries to member agencies, appeals, and the nature and extent of other emergency conditions.
SECTION w @#‘f#‘!‘$# @JPERSEDURB.
If any provisions of this Ordinance are inconsistent with previous actions of the Board pertaining to plans to respond
5
to drought conditions, thb provisions hereof shall supersede such inconsistent provisions.
SECTION a SUNSET PROVISION .
. .
SECTION % BASIS FOR ACTIONS .
The foregoing rules, regulations, and restrictions are taken pursuant to Article X, Section 2 of the California Constitution and the legislative powers delegated to the Authority by Section 5(11) of the County Water Authority Act (West's Water Code, Appendix, Section 45).
PASSED, APPROVED, AND ADOPTED, this day of 1991.
Michael D. Madigan, Chairman Board of Directors
John M. Leach, Secretary Board of Directors
I, Janet R. Maltman, Executive Secretary of the Board of Directors of the San Diego County Water Authority, do hereby certify that the above and foregoing is a full, true, and correct copy of said resolution of said Board and that the same has not been amended or repealed.
Janet R. Maltman, Executive Secretary Board of Directors
6
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APPENDIX F
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RESOLUTION NO. 718
i
A RESOLUTION OF TEE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT ESTABLISHING A CARLSBAD WATER ETHIC
RECOGNIZING THAT CARLSBAD, CALIFORNIA IS IN A COASTAL DESERT AREA OF SOUTHERN CALIFORNIA AND;
RECOGNIZING THAT THE CITY OF CARLSBAD'S WATER SUPPLY IS IMPORTED FROM AREAS OF NORTHERN CALIFORNIA AND THE COLORADO RIVER THROUGH THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA AND THROUGH THE SAN DIEGO COUNTY WATER AUTHORITY AND;
RECOGNIZING THAT WATER IS A PRECIOUS, NATURAL RESOURCE AND:
RECOGNIZING THAT THE CITY OF CARLSBAD NEEDS TO PROMOTE THE
MOST REASONABLE USE OF OUR WATER THROUGH CONSERVATION AND
EFFICIENT PRACTICES AND TO DISCOURAGE AND PROHIBIT ANY AND ALL UNREASONABLE USES OF WATER;
NOW THEREFORE BE IT RESOLVED THAT THE CITY OF CARLSBAD
HEREBY ADOPTS THE CARLSBAD WATER ETHIC WHICH PROMOTES FULLY THE
MOST REASONABLE, WISEST AND MOST EFFICIENT USE OF ITS WATER FOR ALL RESIDENTIAL, COMMERCIAL, INDUSTRIAL, AGRICULTURAL AND GOVERNMENTAL PURPOSES. PROMOTION OF THE MOST REASONABLE USES
INCLUDE, BUT ARE NOT LIMITED TO THE FOLLOWING;
1. ALL LANDSCAPING SHALL BE APPROPRIATE TO CARLSBAD,
RECOGNIZING THAT WE ARE IN A COASTAL DESERT CLIMATE AND THAT ALL
LANDSCAPE PLANTINGS SHALL BE NATIVE AND NATURALIZING TO THE
AREA. 1ANDSCAPING OF ANY NEW DEVELOPMENT SHALL CONSIDER, AS PARAMOUNT, MINIMIZING ADDITIONAL DEMAND FOR WATER.
2. LANDSCAPE IRRIGATION PRACTICES SHALL NOT RESULT IN WATER LEAVING THE USER'S PROPERTY BY DRAINAGE ONTO ADJACENT PROPERTIES
OR A PUBLIC OR PRIVATE ROADWAY OR STREET.
3. IRRIGATION PRACTICES SHALL BE CONTROLLED TO MINIMIZE EVAPORATIVE LOSSES BY RESTRICTING WATERING TO MORNING AND EVENING HOURS.
4. LANDSCAPE MAINTENANCE PRACTICES SHALL INCLUDE UTILIZATION
OF WATER DURING THE CALM MORNING OR EVENING HOURS RATHER THAN
DURING THE HOTTEST PARTS OF THE DAY WHEN WATER LOSS DUE TO
EXCESSIVE EVAPORATION AND WIND IS AT ITS HIGHEST.
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5. REALIZING THAT WATER SYSTEMS LEAKS RESULT IN LARGE WATER LOSSES, ALL CUSTOMERS SHALL PROMPTLY INVESTIGATE AND REPAIR ANY SUSPECTED LEAKS.
1 6. A BROOM OR OTHER MEANS OTHER THAN- WATER SHALL BE UTILIZED FOR CLEANING OF DRIVEWAYS, SIDEWALKS, PARKING AREAS, TENNIS COURTS, PATIOS OR OTHER PAVED AREAS. (EXCEPTIONS WOULD
BE TO ALLEVIATE IMMEDIATE SAFETY OR SANITATION HAZAARDS.)
7. RECLAIMED/RECYCLED WATER SHALL BE UTILIZED WHEREVER AND
WHENEVER AVAILABLE INSTEAD OF USING POTABLE WATER SUPPLIES.
PASSED, -APPROVED AND ADOPTED at a meeting of the Board of Directors of the Carlsbad Municipal Water District this 5th
day of March . 1991 by the following vote, to wit:
AYES: Board Members Lewis, Kulchin, Larson, Stanton and Nygaard
NOES: None
ABSENT: None
T ALETHA L. RAUTENKRANZ, SECRETARY
APPENDIX G
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RESOLUTION NO. 7 6 6
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE CARLSBAD MUNICIPAL WATER DISTRICT
REVISING ITS INCLINING BLOCK WATER RATE STRUCTURE
WHEREAS, the supplier of water to Carlsbad, the San Diego County Water Authority
~ (Authority), continues to have a water rate structure that penalizes agencies for exceeding their
monthly allocations; and
WHEREAS, the Carlsbad Municipal Water District (District) adopted a revised inclining
1 block water rate structure on June 4, 1991; and
/ WHEREAS, the District desires to revise the existing system to reduce, the amount of
excess revenue generated by the inclining block water rate structure.
I NOW, THEREFORE, BE IT RESOLVED that the District’s Board of Directors amends
I the existing rate system as described in Resolution No. 731 to read as follows:
~ 1. Monthly allocations for all existing water user classifications will be established by the
I General Manager using actual consumption during the base year of 1989-90 (July 1989 through
) June 1990) and reducing that amount by the conservation target for the Incremental Interruption
~ and Conservation Plan (IICP) phase in effect. An inclining block water rate system will be in
~ effect for all customers who exceed their monthly allocations.
2. When 1989-90 historical billing data is not available, monthly allocations for all
customers will be based on an average monthly usage for that specific user classification. Under
circumstances when the average does not provide for an equitable allocation, the allocation will
be determined on a case-by-case basis by the District’s General Manager.
3. Water consumed by all customers up to their monthly allocation shall be billed at the
Block 1 rate (current retail), with the exception of single-family residential customers (SFR) who
will receive the first 7 units at a lifeline rate. For those customers who exceed their monthly
allocation, increasingly higher block rates will be charged. Based on the percentage by which the
customer exceeded his/her monthly allocation, the additional block rates will be as follows:
BLOCK % OVER ALLOCATION RATE
Lifeline Fist 7 units (SFR) $0.90
Block 1 Up to Allocation $1.15
Block 2 1% to 20% Over $1.43
Block 3 >20% Over $1.73
The additional blocks shall be charged cumulatively. For example, if a customer exceeds his/her
allocation, the water bill will include charges in all three blocks, not just the Block 3 rate.
4. All water used ii-om a fire hydrant through a temporary meter will be billed at the
Block 3 water rate.
5. If the Authority imposes another phase of its IICP, the District will respond by
requiring that its customers save the corresponding percentage of water for that stage, which will
then be the basis for the block rate system. The water conservation target required by each phase
is as follows:
PHASE CONSERVATION TARGET
Stage I (voluntary) 5%
Stage II 10%
Stage III 15%
Stage IV 20%
Stage V 30%
Stage VI 40%
Emergency 50%
If a conservation percentage is declared that does not match any of the stages, the District’s
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Board of Directors will set a conservation target as the basis for the inclining block rate system.
6. The General Manager, upon receipt of a completed application form demonstrating a
clear need, may approve an additional water allowance for special circumstances including but
not limited to the following circumstances:
a. Change in ownership or occupancy of a residence that results in an increase of more
than three persons. Additional allocations of three units per month will be granted for
every added permanent resident.
b. Additional water demands due to a medical condition.
c. A customer uses his/her residential dwelling as a place of business, and possesses a
valid business license issued by the City of Carlsbad.
d. Unusual needs or special hardships
e. The use of reclaimed water
Installation of ornamental fountains or swimming pools, and the maintenance of new landscaping
does not qualify for exemptions.
7. Single-family residential customers whose water consumption is currently at or below
the average residential demand minus the current conservation target will not be required to
reduce further.
8. All customers, except those referenced in section 7, must reduce their current monthly
water demands at a level equivalent to monthly usage during fiscal year 1989-90 less the current
conservation target as defined in section 5. All single family residential customers whose
consumption is below the annual average shah be exempt from the following procedures.
If usage exceeds the aforementioned parameter, a written notification shall be sent. If
repeated in the second consecutive month, an excess user charge equivalent to $50.00 or 100%
of the water usage for that month will be assessed, whichever is greater. For the third consecutive
. -
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violation, a flow restricting device may be installed in the customer’s water meter. This action
shall be taken to assure compliance with this Resolution regarding the conservation of water.
Such action shall be taken only after a hearing held by the General Manager or designee,
where the customer has an opportunity to respond to the District’s information or evidence that
the customer has repeatedly violated provisions of this resolution regarding the conservation of
water and that such action is reasonably necessary to assure compliance with this Resolution.
As determined by the General Manager, any such restricted service may be restored upon
application of the customer made not less than 48 hours after the implementation of the action
restricting service and only upon showing by the customer that the customer is ready, willing and
able to comply with the provisions of this Resolution. Prior to any restoration of service, the
customer shall pay all District or City of Carlsbad (City) charges for any restriction of service
and restoration as provided for in the rules governing water service for the District and City.
Any willful tampering with or removal of any flow restriction device shall result in
termination of service for a period to be determined by the General Manager.
9. Any customer against whom a penalty is levied pursuant to this section shall have a
right to an appeal, in the first instance to the District’s General Manager or designee with the
right of appeal to the District’s Water Commission, on the merits of the alleged violation, upon
written request of the customer to the District within fifteen days of the date of notification of
violation.
10. Any additional revenue generated by the inclining block rate structure or the
conservation rebates after deducting the penalty charges imposed by the Authority shall be
expended in the following ways:
a. For the billing cycles in which the 15 unit allocation was set for single family
customers, a refund will be given to all of those single family customers who conserved
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more than 20% from the 1989-90 base year but were still subjected to higher block rate
charges due to the 15 unit allocation system. Specifically, the refund will be based on the
difference between the cost of the water bills under the previous and the new system. The
refund would be in the form of a credit on a future water bill(s) (probably beginning with
the February-March billing cycle).
b. Up to five units will be given to all customers at no charge on a future water bill
(probably January-February billing cycle).
c. An appropriation of $100,000 will be made for improvements in customer service. Prior
to actual expenditure of the funds, staff is to return to the Board of Directors with a
specific list of improvements and costs.
d. The remaining funds, as well as all future funds, will be equally distributed between
a reserve and rate stabilization fund. Staff is hereby authorized to create these two
accounts.
11. The effective date of this Resolution shall be the October 15, 1991, billing cycle.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Municipal
Water District held on the 10th day of December, 1991, by the following vote, to wit:
AYES: Board Members Lewis, Kulchi
NOES: None
ABSENT: None
ATTEST:
ALETHA L. RAU
-
APPENDIX H
1
.I
RESOLUTION NO. -
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
CARLSBAD MUNICIPAL WATER DISTRICT
ADOPTING THE URBAN WATER SHORTAGE CONTINGENCY PLAN
2
3 WHEREAS, in accordance with the requirements of California Water Code Section 10642,
4 the Urban Water Management Plan was adopted on December 11, 1990; and
5 WHEREAS, in accordance with the requirements of AB 11X and California Water Code
6 Section 10621, the Urban Water Shortage Contingency Plan has been developed as an
7 addendum to the Urban Water Management Plan; and
a
9
WHEREAS, in accordance with the requirements of California Water Code Section 10642
et. seq., the Plan was been made available for public inspection and a public hearing held
10 thereon, with a copy of the approved and accepted document to be sent to the state no later than
11 January 31, 1992. 12
13 NOW, THEREFORE, IT IS HEREBY RESOLVED that the Board of Directors of the Carlsbad
14 Municipal Water District approves and adopts the Urban Water Shortage Contingency Plan for
15 the Carlsbad Municipal Water District dated January 1992; and
16 BE IT FURTHER RESOLVED that the General Manager of the Carlsbad Municipal Water
17 District is authorized and directed to implement the water shortage measures included in the Plan
18 as the Carlsbad Municipal Water District’s part in the local and regional effort.
19 I
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21
PASSED, APPROVED, AND ADOPTED this
AYES:
NOES:
day of 1992.
25
26 Aletha L. Rautenkranz, Secretary
27
28
APPENDIX I
PROOF OF PUBLICATION
(2015.5 CM?)
STATE OF CALIFORNIA County of San Diego
I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years,
and not a party to or interested in the above-entitled
matter. -1 am the-principal clerk of the printer of
’ -- Blad&Citizkh . . ..- - -
~ a -newspaper of-general cirkiation, printed and .- pibliqhed daily in the City of Oceanside and qualifiedfor the City of Oceanside and. the North County Judicial district with substantial circulation in Bonsalt, Fallbrook, Leucadia, Encinitas, Cardiff, Vista and Cartsbad, County of San Diego, and which newspaper has-been adjudged ti newspaper of general circulation by the Superior - - Court of the County of San Diego, State of California,
under the date of June 30,1989, case number 171349; that the notice, of which the annexed is a printed copy. (set in type not smaller than nonpareil), has’ been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following .dates, to-w&
January 21, 1992
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
Dated at Oceanside,Califomia, this 21 day of -- January, 1992 . -
BLADE-CITIZEN Legal Advertising 1722 South Hill Street
P.O. Box 90
Oceanside, CA 92054
(619) 433-7333
This space is for the County Clerk’s Filing Stamp
Proof of Publication-of
Public-Notice Hearing -1 I .- ----------------------__----------------------~----------
REvBEo * REvlSEo
NOTICE OF PUBLIC HEARING APPROVINQ URBAN WATER SHORTAGE CONTINGENCY PLAN
NOTICE IS HEREBY GNEN that the Board of Direc- tors of the Carlsbad Municipal Water Disbict (Dii) will be holding a publii hearing at the Carl&ad City Council Chambers, 1200 Carlsbed Village Drive (formerly Elm Avenue), Carl&ad, Caltfomia at 6:00 pm on Tuesday, ~4,1#n,toappmvetheUrbanWaterShortage contmgency Plan. This pfan is developed in conformance with Amembly Bill 11x to spectfy actions to be taken by the Distrtd In the event of a severe water shortage. lfycuhewanyquestionsregardingthismetter,please call the Disthct offtce at 436-2722. If yw challenge the
P- mentbmdaboveinaurt,yournaybe lmntedtoraisingonlythoseis9uesraisedbyyouorso- mecneelseatthepublicheartngdescribedinthisnotice, or~deliiered to Uye City pl Carlsbadk City Clerk oflica at or
pnorbowpuMchean2? APPUCANT: Cadsbad uniapal Water Diatrfct BOARD OF DlFtECTORs CARLSBAD MUNICIPAL WATER DISTRICT
Legal33367January21,199 ; 1
I:-
-
_
.---m--e
- ~.
-.
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA- County of San Diego
I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the~principal clerk of the printer of
: Black-Citizen - I
a newspaper of-general circulation, printed and - - published daily in the City of Oceanside and qualified for the City of Oceanside and the North County Judicial - district with substantial circulatfon in Bonsall, Fallbrook,
Leucadia, Encinftas, Cardiff, Vista and Carlsbad, County
of San Diego,.and. which newspaper has-been adjudged
a newspaper of general circulation by the Superfor
Court of the County of San Diego, State of Cafifomia, under the date of June 30,1989, case number 171349;
- that the notice, of which the annexed is a printed copy.
(set in type not smaller than nonpareil), has been --
published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
January 21, 1992
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
Dated at Oceanside,Califomia, this 21 day of January, 1992 .
This space is for the County Clerk’s Filing Stamp
Proof of Publication-of
Public-Notice Hearing :
_---___-------------------------------------~----------
---------. I -----
REVlSED * REVBED
I-
NOTICE OF PUBLIC HEARING APPROVING URBAN WATER SHORTAGE CONTINGENCY PLAN
NOTlCE IS HEREBY GIVEN that the Board of Direc- tors of the Cartsbad Municipal Water District (District) will be holding a pub& hearing at the Carl&ad City Council Chambers, 1266 Carlsbad Village Drive (formerly Elm Avenue), Carlsbad, California, at 6:66 pm on Tuesday,
February 4,1992, to approve the Urban Water Shortage Contingency Plan. This plan is developed in conformance with Assembly Bill 11X to specify acttons to be taken by the Dii in the event of a severe water shortage. If you have any questions regardin B this matter, please call the District office at 4362722. f you challenge the proposed action mentioned above in court, you may be limited to raising only those issues raised by you or so- meone else at the public hearing described in this notice, or delivered to the city of Cadsbad’s City Clerk office at or orior to the wblic hearina. APPLICANT: Carl&ad f&nici al Water District BOARD OF DIRECTORS CA&BAD MUNICIPAL WATER DISTRICT
Legal 33367 January 21, 199
------em
.- .-
BLADE-CITIZEN
Legal Advertising
1722 South Hill Street
P.O. Box 90 Oceanside, CA 92054
(619) 433-7333
PROOF OF PUBLiCAlfON
(2015.5 C.C.P.)
STATE OF CALIFORNIA County of San Diego
I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years,
and not a party to or interested in the above-entitled
matter. I am, the principal clerk of the printer of
Blade-Citizen
a newspaper of general circulation, printed and published daily in the City of Oceanside and qualiftedfor the City of Oceanside and the North County Judicial district with substantial circulation in Bonsall, Fallbrook,
Leucadia, Encinftas, Cardiff, -Vista and Carlsbad, County of San Diego, and which newspaper has been gdjudged a newspaper of general circulat6r-r by the Superior
Court of the County of San Diego, State of California,
under the date of June 30,1989, case number 171349;
that the notice, of which the annexed is a printed copy (set in type not smaller thannonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
ik?rmq 21, 1992 .
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
Dated at Oceanside,California, this day 31
of Janul6ucy, 1992 .
R
1 --svm--ss- &Iild&zL -- - -
/
-L-- -------.
% Signature
BLADE-CITIZEN
Legal Advertising - 1722 South Hill Street
P.O. Box 90
Oceanside, CA 92054 (619) 433-7333
This space is for the County Clerk’s Filing Stamp
Proof of Publication of. .
?&j?*, -tlJotjcQ p&j-&q ----_- -.--,,‘,oL= ---- G ---_ i ----- ~-----------------------
---------- --,L,---,-
REWED * RMSED
NOTICE OF PUBLIC HEAMNG APPROVING URBAN WATER SHORTAGE CONTINGENCY PLAN
NOTICE IS HEREBY GIVEN that the Board nf Dir-
tors of the Carl&ad .
-.- ---.- -. Mur+lpal Water Distrfti (District) will w i-wing a public heanng at the Carl&ad City Council Chambers. 1200 Cansbad Village Drive (formeny Elm +ue), Cam&d, Catiiornfa. at 6336 om on Tuesday, ~emary 4 1892, to approve.thc -. -. A. . . -. 3 Urb&trWater Shortage wmgency Plan. This plan is developed in conformance yith&smbly Bill 11X to soaclfv actions to be taken by Ine~Distrkrt in the event of a.sev&e water Ir you nave any questions regardi shortage.
“B this matter, please call the Drsttict offkx at 4362722. I you challenge the proposed action mentioned abov ,.--._ me in court, you may be rknrk3a to rarsing onlv tftose issues raised by you or so- mone else at the p&tic ~,detiiered to the ( heating described in this notice City of Cartsbad’s Cky Clerk office at 0; _’ pnor to me public heart ; APPLICANT: Carlsbad 3 . unicipal Water District BOARD OF DIRECTORS CARLSBAD MUNICIPAL WATER DISTRICT
Legal 33667 January 21, tgg
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NOTICE OF PUBLl6 REARING APPROVING URBAN, WATER SHGRTAGE CGNTfNGENCY PLAN
‘ROTICE IS HEREBY GIVER that the Board of~Dir& ton of the Carfsbad Municipal Water District (District) will be houing a pubkic hearing at the.Carfsbad City Council Chambers. 1200 Cadsbad Village Drive (formerly Elm Avenue). Carlsbad, California. at &Do pm on Tuesday, Februiry 4 1992, to approve the Urban Water Shortage Contingency Plan. This plan is developed in conformance with Assembly Bill 11X to specify actiins to be taken by the District in the event of a severe water shortage. C you have any questions regarding this matter. please call the District office at 4582722. ff you challenge the proposed action mentioned above in court, you may be limited to raising only hose issues raised by you or so- meone else at the public hearing described in this notice, or delivered to the Gky of Carlsbad’s City Clerk office at or prior to the public hearing. . APPLICANT: Carlsbad Municipal Water Distrfct BOARD OF DIRECTORS CARLSBAD MUNICIPAL ’ WATER DISTRICT
Legal 33357 January 21, is9 --‘y
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NOTICE OF PUBLIC HEARING APPROVING URBAN WATER SHORTAGE
CONTINGENCY PLAN
NOTICE IS HEREBY GIVEN that the Board of Directors of the Carlsbad Municipal Water
District (District) will be holding a public hearing at the Carlsbad City Council Chambers,
1200 Carlsbad Village Drive (formerly Elm Avenue), Carlsbad, California, at 6:00 pm on
Tuesday, January 28, 1992, to approve the Urban Water Shortage Contingency Plan.
This plan is developed in conformance with Assembly Bill 11 X to specify actions to be
taken by the District in the event of a severe water shortage.
If you have any questions regarding this matter, please call the District office at 438-2722.
If you challenge the proposed action mentioned above in court, you may be limited to
raising only those issues raised by you or someone else at the public hearing described
in this notice, or delivered to the City of Carlsbad’s City Clerk office at or prior to the
public hearing.
APPLICANT: Carlsbad Municipal Water District
BOARD OF DIRECTORS CARLSBAD MUNICIPAL WATER DISTRICT
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RESOLUTION NO. 777 _
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RESOLUTION OF THE BOARD OF DIRECTORS OF THE
CARLSBAD MUNICIPAL WATER DISTRICT
ADOPTING THE URBAN WATER SHORTAGE CONTINGENCY PLAN
2
3 WHEREAS, in accordance with the requirements of California Water Code Section 10642,
4 the Urban Water Manag8m8nt Plan was adopted on December i 1, i 990; and
5 WHEREAS, in aCCOrdanC8 with th8 requirements of AB 11X and California Water Code
6 Section 10621, the Urban Water Shortage Contingency Plan has b88n developed as an
7 addendum to the Urban Water Management Plan; and
8 WHEREAS, in accordance with the requirements of California Water Code Section 10642
et. seq., the Plan was been made available for public inspection and a public hearing held
thereon, with a copy of the approved and accepted document to be sent to the state no later than
January 31, 1992.
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16 BE IT FURTHER RESOLVED that the General Manager of the Carlsbad Municipal Water
17 District is authorized and directed to implement the water shortage measures included in the Plan
I.8 as the Carlsbad Municipal Water District’s part in the local and regional effort.
NOW, THEREFORE, IT IS HEREBY RESOLVED that th8 Board of Directors of the Carlsbad
Municipal Water District approves and adopts the Urban Water Shortage Contingency Plan for
the Carisbad Municipal Water District dated January 1992; and
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PASSED, APPROVED, AND ADOPTED this qth day ofFebruarti992.
AYES: Board Members Lewis, Kulchin, Larson, Stanton & Nygaard
NOES: None
ABSENT: None
Aletha L. Raut
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