HomeMy WebLinkAbout2024-07-16; Municipal Water District; 49; AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT OF THE CITY OF CARLSBAD, CALIFORNIA, CODIFYING, RESTATING, AND AMENDING ORDINANCES NO. 1 T...ORDINANCE NO. 49
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE CARLSBAD
MUNICIPAL WATER DISTRICT OF THE CITY OF CARLSBAD, CALIFORNIA,
CODIFYING, RESTATING, AND AMENDING ORDINANCES NO. 1 THROUGH
NO. 48, EXCEPT ANY ORDINANCE PREVIOUSLY REPEALED OF THE CARLSBAD
MUNICIPAL WATER DISTRICT CODE
-WHEREAS, Carlsbad Municipal Water District, hereinafter referred to as CMWD, is organized
under the Municipal Water District Law of 1911, Division 20 (commencing with Section 71000) of the
California Water Code; and
WHEREAS, pursuant to California Water Code Section 71278, the board of a municipal water
district must act by ordinance, motion, or resolution; and
WHEREAS, on April 25, 1989, the Board of Directors of the Costa Real Municipal Water District
approved Resolution No. 1, consenting to the establishment of Costa Real Municipal Water District as
a subsidiary district of the City of Carlsbad, consistent with the approved proposal of the San Diego
Local Agency Formation Commission, to integrate the planning and management of water resources
within the City of Carlsbad and revert the name back to the Carlsbad Municipal Water District; and
WHEREAS, on Jan. 1, 1990, the CMWD became a subsidiary district of the City of Carlsbad; and
WHEREAS, Government Code Sections 50022.1 to 50022.10 provide authority for a local public
agency to codify existing ordinances; and
WHEREAS, the Board of Directors of the CMWD has adopted a comprehensive code of
ordinances ("Code") that has been amended in piecemeal fashion several times; and
WHEREAS, the Board of Directors of the CMWD desires to codify, restate, and amend
Ordinances No. 1 to No. 48, except for those ordinance previously repealed; and
WHEREAS, the City Planner has determined that the ordinances and related amendments are
exempt from the California Environmental Quality Act, or CEQA, pursuant to the common sense
exemption, Section 15061(b)(3) of the CEQA Guidelines, since there would be no possibility of a
significant effect on the environment; the City Planner issued a CEQA Determination of Exemption
notice. The notice was issued for public review on May 23, 2024, with the appeal period ending on June
1, 2024. No appeals of the determination were filed.
NOW, THEREFORE, be it ordained by the Board of Directors of the Carlsbad Municipal Water
District as follows:
1. The above recitations are true and correct and are incorporated into this Ordinance.
2. Miscellaneous.
a. Existing Law Continued. The adoption of the provisions in this Ordinance that are
substantively the same as existing ordinances relating to the same subject are
restatements and continuations of existing ordinances and not new enactments or
amendments, except for formatting to codify the existing ordinances. The adoption
of this Ordinance is not intended to affect or disrupt the continuity of the CMWD's
business or administration of its law, including but limited to the following:
i. Action and proceedings that began before the effective date of this
Ordinance;
ii. Prosecution for ordinance violations committed before the effective date of
this Ordinance; or
iii. Matters of record that refer to or are connected with a provision of the prior
Code, as amended, and which references shall be constructed to apply to the
corresponding provisions of the CMWD Code.
b. References to Prior Ordinances Apply to All Amendments. Whenever a reference is
made to this Code as the "Carlsbad Municipal Water District Code" or to any portion
thereof, or to any ordinance by the Carlsbad Municipal Water District, the reference
shall apply to all amendments, corrections and additions, now or hereafter made.
c. Title, Chapter and Section Headings. Title, chapter and section headings contained
in this Code shall not be deemed to govern, limit, modify or in any matter affect the
scope, meaning or intent of the provisions of any title, chapter or section hereof.
d. References to Specific Ordinances and Code Sections. The provisions of this
Ordinance do not affect matters of record which refer to, or are connected with
ordinances, titles, chapters, or section headings included within the CMWD Code.
Renumbering and relabeling of existing ordinances, title, chapter, and section
headings by this Ordinance does not affect the continuing validity of existing laws.
Any existing reference to an ordinance, title, chapter, or section heading which is
renumbered or relabeled by this Ordinance must be construed to apply to the
corresponding provisions contained within this Ordinance.
e. Effect of Ordinance on Past Actions, Obligations and Irregularities. All rights and
obligations existing under any ordinance in effect prior to the effective date of this
Ordinance continue in full force and effect. This Ordinance does not invalidate any
action taken prior to the effective date of this Ordinance if the action was proper
under the law governing the action at the time the action was taken. Adoption of
this Ordinance supersedes the incorporated ordinances, and to the extent there is a
conflict therewith, this Ordinance takes precedence over the incorporated
ordinances. In the event of any irregularities in the restatement of any ordinances,
this Ordinance constitutes a readoption of any said ordinance with the intent of
curing any such adoption irregularity. Adoption of this Ordinance, and the resulting
amendment of any ordinance or portion of any ordinance of the CMWD, do not
revive any rights repealed or extinguished by any prior ordinance of the CMWD.
f. Effect of Ordinance on Period of Limitation. When a limitation or period of time
prescribed in any existing ordinance for acquiring a right or barring a remedy, or for
any other purpose, has begun to run before this Ordinance goes into effect, and the
same or any limitation is prescribed in this Ordinance, the time which has already
run is deemed part of the time prescribed as such limitation by this Ordinance.
g. Successor Codes. All references in this Ordinance to California codes includes all
successor provisions to such codes. Where any of the provisions of this Ordinance
conflict with subsequent changes in the cited or successor codes or other applicable
California law, the provisions of those changed or successor codes or other
applicable law applies in place of the conflicting provisions in this Ordinance. Any
such changed or successor or other applicable law applies to allow imposition of the
maximum penalties, interest, charges, and damages and the strictest compliance
deadlines then allowed by law.
3. Title 1 Restated and Amended. Title 1 "General Provisions" of the CMWD Code is hereby
restated and amended as set forth in Attachment A to this Ordinance, which is
incorporated by this reference as if set forth in full at this point.
4. Title 2 Restated and Amended. Title 2 "Water Rates and System Facilities" ofthe CMWD
Code is hereby restated and amended as set forth in Attachment A to this Ordinance,
which is incorporated by this reference as if set forth in full at this point.
5. Title 3 Restated and Amended. Title 3 "Environment" of the CMWD Code is hereby
restated and amended as set forth in Attachment A to this Ordinance, which is
incorporated by this reference as if set forth in full at this point.
6. Parentheticals. Parenthetical references of a historical nature are not a substantive part
of this Ordinance and may be deleted and modified as necessary as part of the
codification of the Carlsbad Municipal Water District Code.
7. CEQA. Based upon the whole of the administrative record before it, the Board of
Directors of the CMWD hereby finds that the recodification, restatement and
amendment of the CMWD Code as set forth in this Ordinance is exempt from
environmental review under the California Environmental Quality Act (Pub. Resources
Code,§ 21000 et seq.), or CEQA, pursuant to State CEQA Guidelines (Cal. Code Regs., tit.
14, § 15000 et seq.) Sections 15061(b)(3) and 15378(b)(5). An activity is subject to CEQA
only if that activity has "the potential for causing a significant effect on the
environment." (State CEQA Guidelines, § 15061(b)(3).) An activity is thus exempt from
CEQA "[w]here it can be seen with certainty that there is no possibility that the activity
in question may have a significant effect on the environment." (Ibid.) Here, the
codification, restatement, and amendment of the CMWD Code as set forth in this
Ordinance does not have the potential to result in either a direct or reasonably
foreseeable indirect physical change in the environment. (State CEQA Guidelines, §
15061(b)(3).) Moreover, approval of the Ordinance constitutes an administrative
activity of CMWD and is additionally exempt from CEQA on that basis. (State CEQA
Guidelines,§ 15378(b)(5).) Staff will file with the San Diego County Clerk a CEQA Notice
of Exemption within five (5) working days after the adoption of this Ordinance.
8. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or
phrase of this Ordinance or any part thereof is for any reason held to be
unconstitutional, such decision shall not affect the validity of the remaining portion of
this Ordinance or any part thereof. The Board of Directors of the CMWD hereby declares
TABLE OF CONTENTS
Title 1 General Provisions
Title 2 Water Rates and System Facilities
Title 3 Environment
Ordinance List
Attachment A
CMWD-1
Title 1
GENERAL PROVISIONS
Chapters:
1.04 Code Adoption
1.08 Administration
1.12 Territory
1.16 Emergency Purchasing
1.20 Enforcement
1.04.010
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Chapter 1.04
CODE ADOPTION (RESERVED)
Section:
1.04.010 Carlsbad Municipal Water District Code adopted.
1.04.010 Carlsbad Municipal Water District Code adopted.
Reserved.
1.08.010
CMWD-4
Chapter 1.08
ADMINISTRATION
Sections:
1.08.010 Meetings.
1.08.020 District seal.
1.08.030 Officers designated—Duties.
1.08.040 Holidays.
1.08.050 Rules and regulations amendment.
1.08.010 Meetings.
A. The meetings of the Carlsbad Municipal Water District shall be held within the boundary of
the territory over which said District exercises jurisdiction. Regular meetings of the Board of
Directors shall be held without notice on the first and third Wednesday of each month at the
hour of 2:00 p.m. at 5780 El Camino Real, Carlsbad, San Diego County, California.
B. The special meetings of the Board of Directors of the Carlsbad Municipal Water District may
be ordered and called at any time by the President of the Board of Directors of the District or
by a majority of the members of said Board of Directors, by delivering personally or by mailing
a written notice ordering and calling said meeting, to each member of the Board of Directors
of this District and to each local newspaper of general circulation, radio station, or television
station, requesting notice of special meetings, at least 24 hours before the time set forth for
the holding of such meeting.
Said order and call shall specify the time and place of the special meeting and the business
to be transacted at said meeting, and no other business shall be considered at such meeting
by the Board of Directors.
C. If at any time, any regular meeting or any special meeting or any adjourned meeting shall fall
on a holiday, such meeting shall be held on the next business day. If, by reason of fire, flood,
earthquake, or other emergency, it shall be unsafe to meet at the place designated for regular
meetings, or at the place specified in the notice of any special meeting, or at the place to
which any meeting was adjourned, then such meeting or the adjourned meeting, may be held
for the duration of the emergency at such place as is designated by the President of the
Board of Directors of the District.
D. The Board of Directors of the District may adjourn any regular, special or adjourned meeting
to a time and place specified in the order of adjournment. When any regular meeting or ad-
journed regular meeting is so adjourned, the adjourned meeting shall be deemed a regular
meeting for all purposes. If the order of adjournment fails to state the hour at which the ad-
journed meeting is to be held, it shall be held at the hour specified in the ordinance far the
holding of regular meetings.
E. At the first meeting of the Board of Directors in the month of January of each odd-numbered
year, the Board of Directors shall choose one of its members President of the Board.
F. All meetings of the Board of Directors of the District shall be open and public and all persons
shall be permitted to attend any meeting of the Board of Directors and all acts and delibera-
1.08.010
CMWD-5
tions of the Board of Directors shall be taken and conducted openly; provided, however, that
nothing contained herein shall be deemed to prevent the Board of Directors from holding ex-
ecutive sessions to consider the employment or dismissal of a public officer or employee, or
to hear complaints or charges brought against a public officer or employee of the District by
another public officer, person, or employee, unless such officer or employee requests a public
hearing, or prevent the Board of Directors from excluding from any such public or private
hearing during the examination of a witness, any or all other witnesses in the matter being in-
vestigated by the Board of Directors of the District.
G. A majority of the members of the Board of Directors of the District shall constitute a quorum
for the transaction of business.
H. 1. The Board of Directors of the District shall act only by ordinance, resolution or motion.
2. On all ordinances, the roll shall be called and the ayes and noes recorded in the minutes
(journal) of the proceedings of the Board of Directors, and the enacting clause of the or-
dinance shall be: “BE IT ORDAINED by the Board of Directors of the Carlsbad Municipal
Water District as follows:”
3. Resolutions, motions and orders may be adopted by a voice vote, but on demand of any
member, the roll shall be called the vote recorded.
4. No ordinance, motion or resolution shall be passed or become effective without the af-
firmative vote of a majority of the members of the Board.
I. Except as otherwise provided by law or ordinance adopted by this Board, “Robert’s Rules of
Order, Revised” are hereby adopted as the rules of practice and procedure governing the
conduct of the business and procedure before this Board. The President shall preside at all
meetings and shall have a vote on all matters before the Board. In the absence of the Presi-
dent, the Vice-President shall preside, and in the absence of both, the presiding officer shall
be elected by a majority vote of the members of the Board.
J. 1. The minutes of the meetings of the Board of Directors shall be recorded and kept by the
Executive Secretary in a book maintained for that purpose, entitled “Book of Minutes of
the Meetings of the Board of Directors of the Carlsbad Municipal Water District.” Unless
otherwise expressly directed by the Board at the time of their adoption, all ordinances
and resolutions adopted by the Board may be referred to in the minutes of the meetings
of the Board by number and title, but the same shall be recorded in full in books kept for
that purpose and entitled “Book of Ordinances” and “Book of Resolutions,” respectively.
2. The President or other person who may preside at the meeting, or the Secretary, shall
authenticate the minutes, ordinances and resolutions after these have been transcribed
into the appropriate books, and when so authenticated shall constitute the official min-
utes, ordinances and resolutions of the Board of Directors of the Carlsbad Municipal Wa-
ter District.
3. The minute book, the book of ordinances, and the book of resolutions shall be kept at
the office of the Executive Secretary at the principal place of business of the District.
K. The order of business at all regular meetings of the Board of Directors shall be as follows:
1. Reading and correction of the minutes of the preceding regular meeting and all interven-
ing special meetings.
1.08.020
CMWD-6
2. Reading and consideration of all correspondence addressed to the Board and received
since the last regular meeting.
3. Reading and consideration of all reports of officers, board members, special and stand-
ing committees, the general manager, comptroller, or other officer, submitted to the
Board of Directors prior to or at said meeting.
4. Unfinished business.
5. New business.
6. Adjournment. (Ord. 25 § 1, 1967; Ord. 20 § 1, 1963; Ord. 18 § 1, 1960; Ord. 17 § 1,
1959; Ord. 15 § 1, 1959; Ord. 13 § 1, 1958; Ord. 11 § 1, 1958; Ord. 6 § 1, 1956; Ord. 5 §
1, 1955; Ord. 3 § 1, 1954; Ord. 2 § 1, 1954; Ord. 1 §§ 1—9, 11, 1954)
1.08.020 District seal.
The seal bearing the words “Carlsbad Municipal Water District, organized March 22, 1954,” is
adopted as the official seal of this District. (Ord. 1 § 10, 1954)
1.08.030 Officers designated—Duties.
A. The President and Secretary, in addition to the respective duties imposed on them by law,
shall perform such duties as may be imposed on them by the Board of Directors and the
President may from time to time appoint one or more committees.
B. The Treasurer, and such other person or persons as may be authorized by the Board of Di-
rectors, shall draw checks or warrants to pay demands on the District when such demands
have been audited and approved by the Board of Directors.
C. The attorney shall be the legal advisor of the District and shall perform such duties as may be
prescribed by the Board of Directors.
D. The Board of Directors shall designate a depository or depositories to have the custody of the
funds of the District, who shall give security sufficient to secure the District against possible
loss and who shall be authorized to and shall pay warrants or checks drawn by the District for
demands against the District when approved by the Board of Directors.
E. The Secretary, the Treasurer, and all other officers employed who may be required to furnish
bond by the Board of Directors, shall give bonds conditioned for the faithful performance of
their duties; and the premiums of such bonds shall be paid by the District.
F. No director shall in any manner be interested, directly or indirectly, in any contract awarded or
to be awarded by the Board of Directors, and no officer or employee of the District shall in
any manner be interested directly or indirectly in any contract made by such officer or em-
ployee, pursuant to discretionary authority vested in him or her, or be interested in the bene-
fits to be derived therefrom; provided, however, that no Director, officer or employee shall be
deemed to be interested, directly or indirectly, in any such contract if such Director, em-
ployee, or officer owns or controls directly or indirectly 5% or less of the outstanding stock or
securities of any corporation contracting with the District, or if such contract or instrument
shall be entered into by said officer, Director, or employee pursuant to the provisions of any
ordinance or regulation of the District of uniform application, and which ordinance or regula-
1.08.040
CMWD-7
tion shall have become effective prior to the making or execution of such contract or instru-
ment. (Ord. 1 § 12, 1954)
1.08.040 Holidays.
A. The holidays of the Carlsbad Municipal Water District are:
1. Every Saturday.
2. Every Sunday.
3. January 1st.
4. February 12th, known as “Lincoln Day.”
5. February 22nd.
6. May 30th.
7. July 4th.
8. First Monday in September.
9. September 9th, known as “Admission Day.”
10. October 12th.
11. November 11th, known as “Veterans Day.”
12. December 25th.
13. Good Friday from 12:00 noon until 3:00 p.m.
14. Every day on which an election is held throughout the State.
15. Every day appointed by the President or Governor for a public fast, thanksgiving, or holi-
day.
B. If January 1st, February 12th, February 22nd, May 30th, July 4th, September 9th, October
12th, November 11th, or December 25th falls upon a Sunday, the Monday following is a holi-
day.
C. The office of the district for transaction of business shall be closed on each holiday above set
forth. (Ord. 19 § 1, 1963)
1.08.050 Rules and regulations amendment.
These rules and regulations may be amended by a majority vote of the members of the Board of
Directors of the Carlsbad Municipal Water District at any regular meeting, by the adoption of an
ordinance amending this ordinance or any section thereof. (Ord. 1 § 13, 1954)
1.12.010
CMWD-8
Chapter 1.12
TERRITORY
Section:
1.12.010 Territory excluded.
1.12.010 Territory excluded.
The Board of Directors of the Carlsbad Municipal Water District does hereby approve the exclu-
sion of the following described territory, located and lying within the Carlsbad Municipal Water Dis-
trict from the corporate area of the Carlsbad Municipal Water District:
All that portion of the Carlsbad Municipal Water District of San Diego County, more particularly
described as follows:
Beginning at the Northeast corner of Lot 7, Block C, of North Carlsbad Annex, as shown on
Map No. 1888 filed in the office of the County Recorder of San Diego County;
1. Thence Southeasterly along the Easterly line of said Lot 7, Block C, and its Southeast-
erly prolongation to the Southerly line of Palm Road;
2. Thence Westerly along said Southerly line to the Northeast corner of Lot 1 in Block E of
said Map 1888;
3. Thence Southeasterly along the Easterly line of Lot 1, Block E, to the Southeast corner
thereof;
4. Thence North 89 degrees 30 minutes 45 seconds West along the Southerly line of said
Lot 1, Block E, 206.94 feet;
5. Thence North 2 degrees 16 minutes 35 seconds West 395.99 feet to the Southerly line
of said Palm Road;
6. Thence Southwesterly along said Southerly line of Palm Road to an intersection with the
Southeasterly prolongation of the Southwesterly line bearing South 37 degrees 20 min-
utes East of Lot 6, Block C of said Map 1888;
7. Thence North 37 degrees 20 minutes West across Palm Road and continuing North 37
degrees 20 minutes West along Southwesterly line of said Lot 6, Block C, 50 feet;
8. Thence North 15 degrees 57 minutes 52 seconds West along the Westerly line of said
Lot 6, Block C, to the Northwest corner thereof;
9. Thence North 84 degrees 18 minutes 33 seconds E along the Northerly line of Lots 6
and 7, Block C, to the Northeast corner of Lot 7 and the point of beginning.
And all that portion of the Carlsbad Municipal Water District, San Diego County, being portions of
Lot 2, Tract 55, and Lot 1, Tract 56, of Hotaling Lands, as per Map No. 1717 filed in the office of
the Recorder of San Diego County, more particularly described as follows:
1.12.010
CMWD-9
Beginning at the point of intersection in the Northerly line of Grandview Street and the North-
erly prolongation of the Easterly line of the Westerly 319.65 feet of Lot 1, Tract 56, of said
Map 1717;
1. Thence South 35 degrees 12 minutes East 369.48 feet;
2. Thence South 54 degrees 48 minutes West 319.65 feet to the Easterly line of Ridgeway
Street;
3. Thence in a direct line to a point in the centerline of Ridgeway Street South 35 degrees
12 minutes East 337.42 feet from the centerline of Grandview Street;
4. Thence South 54 degrees 48 minutes West 210 feet to a point in Lot 2, Tract 55, of said
Map 1717;
5. Thence North 35 degrees 12 minutes West 240.73 feet;
6. Thence North 54 degrees 48 minutes East 20 feet;
7. Thence North 35 degrees 12 minutes West to the Northerly line of Grandview Street, be-
ing also a point in the boundary line of the City of Oceanside;
8. Thence Northeasterly along said Northerly line of Grandview Street and the boundary of
the City of Oceanside to the point of beginning.
Also including:
Parcel No. 1
1. Beginning at the Northeasterly corner of Section 36, Township 11 South, Range 5 West,
S.B.B. & M.; thence South 0 degrees 11 minutes 19 seconds East along said Easterly
Section line 1757.74 feet to a point of intersection in the Northwesterly right-of-way line
of Vista Way as shown on Map of Hotaling Lands as per Map thereof No. 1717 filed in
the office of the Recorder of San Diego County on the 16th day of April, 1921 (State
Route 196), said point being the True Point of Beginning;
2. Thence continuing South 0 degrees 11 minutes 19 seconds East along said Easterly
section line to a point of intersection in the Northerly line of the Northeast 1/4 of the
Northeast 1/4 of the Southeast 1/4 of said Section 36;
3. Thence Westerly along the Northerly line of said Northeast 1/4 of the Northeast 1/4 of
the Southeast 1/4 to the Northwesterly corner thereof;
4. Thence Southerly along the Westerly line of the said Northeast 1/4 of the Northeast 1/4
of the Southeast 1/4 to a point of intersection with the Northeasterly right-of-way of State
Highway Route No. 2 as shown on Plan XI-SD-2-B & Cbd., Sheet 33, of the Highway
Department of the State of California;
5. Thence South 32 degrees 18 minutes 38 seconds East along the Northeasterly right-of-
way line of said State Highway Route No. 2, 323.0 feet more or less to the point of inter-
section with a line that bears North 57 degrees 41 minutes 22 seconds East from the
Engineer’s Station 508-00 as shown on said plan XI-SD-2-B & Cbd., Sheet 33;
1.12.010
CMWD-10
6. Thence South 57 degrees 41 minutes 22 seconds West along the aforementioned line
380 feet to a point of intersection with the southwesterly right-of-way line of said State
Highway Route 2 as shown on said plan XI-SD-2-B & Cbd.;
7. Thence North 32 degrees 18 minutes 38 seconds West along the said right-of-way line
to a point of intersection with a line running parallel with and 829.06 feet Northerly of the
Southerly line of Block 48 as shown on the South Oceanside Map No. 622, filed in the
office of the County Recorder of San Diego County, California, on the 7th day of Febru-
ary, 1890;
8. Thence Westerly along said aforementioned line to the Westerly line of said Block 48
and also being the boundary line common to the City of Oceanside & the City of Carls-
bad;
9. Thence Northerly along said Westerly line of Block 48 to a point of intersection with the
Northwesterly line of Vista Way as shown on Tolle Tract Map No. 1952, filed in the office
of the County Recorder of San Diego County, State of California, on the 3rd day of No-
vember, 1926;
10. Thence Northeasterly along said Northwesterly right-of-way line to the true point of be-
ginning.
Parcel No. 2
1. Beginning at the intersection of the West line of the Atchison, Topeka & S.F. Railway
right-of-way and the North line of Lot 3, Section 1, Township 12 South, Range 5 West,
being a point on the mutual boundary between the cities of Oceanside & Carlsbad;
thence South 41 degrees 16 minutes East 190.73 feet along said right-of-way line and
said mutual boundary to the true point of beginning;
2. Thence leaving said right-of-way line and said mutual boundary South 58 degrees 34
minutes 39 seconds West 235. 57 feet;
3. Thence South 32 degrees 22 minutes 43 seconds East 107.05 feet; thence South 10
degrees 39 minutes East 219.68 feet;
4. Thence South 39 degrees 33 minutes East 168.12 feet to the beginning of a tangent
curve, concave Southwesterly and having a radius of 1105.92 feet;
5. Thence Southeasterly along the arc of said curve an arc distance of 143.38 feet;
6. Thence South 49 degrees 54 minutes West 171.00 feet to the most Easterly corner of
the land described in the deed to Jeannette S. Joy, recorded March 10, 1949 in Book
3135, page 257 of Official Records of said San Diego County;
7. Thence along the Southeast line of the land so deeded, South 51 degrees 33 minutes
10 seconds West 144.00 feet, more or less to the mean high tide line of the Pacific
Ocean;
8. Thence continuing South 51 degrees 33 minutes 10 seconds West into the Pacific
Ocean to its intersection with the Westerly extension of the Southerly line of said Lot 3,
Section 1, Township 12 South, Range 5 West;
1.12.010
CMWD-11
9. Thence East along said Westerly extension and along said Southerly line of said Lot 3 to
the Southeast corner thereof;
10. Thence North along the East line of said Lot 3 to its intersection with the Westerly line of
A.T. & S.F.R.R. right-of-way;
11. Thence Northwesterly along said Westerly line to the true point of beginning. (Ord. 7 § 1,
1956; Ord. 4 § 1, 1955)
1.16.010
CMWD-12
Chapter 1.16
EMERGENCY PURCHASING
Sections:
1.16.010 Authority.
1.16.020 Emergency determination.
1.16.030 Amount limitation.
1.16.040 Use of available supplies, equipment or personnel.
1.16.050 Presentation of actions to the Board of Directors.
1.16.010 Authority.
The General Manager of the District is authorized to execute public works contracts and purchas-
ing agreements, as necessary, to restore water service or safeguard the health and safety of the
public, in the event of a breakage or failure of a dam, pump, pipeline, conduit, or other water facili-
ties, causing an immediate emergency. (Ord. 27 § 1, 1987)
1.16.020 Emergency determination.
The General Manager makes a written determination of the facts constituting such emergency to
be presented to the Board of Directors at the next meeting of the Board including facts demon-
strating that prior Board approval was impractical. (Ord. 27 § 1, 1987)
1.16.030 Amount limitation.
Any public works contracts authorized hereunder shall be less than $25,000.00. (Ord. 27 § 1,
1987)
1.16.040 Use of available supplies, equipment or personnel.
Prior to entering into any purchasing agreement, the General Manager shall require the use of rea-
sonably available District supplies, equipment, and personnel, as well as the supplies, equipment
and personnel reasonably available under mutual aid agreements. (Ord. 27 § 1, 1987)
1.16.050 Presentation of actions to the Board of Directors.
Any actions by the General Manager under the authority of this chapter shall be presented to the
Board of Directors at the first meeting held after the General Manager has taken such action. (Ord.
27 § 2, 1987)
1.20.010
CMWD-13
Chapter 1.20
ENFORCEMENT
Sections:
1.20.010 Penalty for violation of District provisions.
1.20.020 Time limits for judicial review.
1.20.030 Environmental protection procedures.
1.20.010 Penalty for violation of District provisions.
Unless otherwise specified in a District ordinance, penalties for violation shall be the same as set
forth in Chapter 1.08 of the Carlsbad Municipal Code which is adopted by reference except that
whenever any provisions incorporated refer to the City, Board, territory, area, agency, official, em-
ployee, or otherwise it shall mean the corresponding District Board, territory, area, agency, official,
employee, or otherwise. (Ord. 38 § 1, 1991)
1.20.020 Time limits for judicial review.
Chapter 1.16 of the Carlsbad Municipal Code is adopted by reference except that whenever any
provisions incorporated refer to the City, Board, territory, area, agency, official, employee, or oth-
erwise it shall mean the corresponding District Board, territory, area, agency, official, employee, or
otherwise. (Ord. 38 § 2, 1991)
1.20.030 Environmental protection procedures.
Environmental protection procedures shall be the same as those set forth in Chapter 19.04 of the
Carlsbad Municipal Code which is adopted by reference except that whenever any provisions in-
corporated refer to the City, Board, territory, area, agency, official, employee, or otherwise it shall
mean the corresponding District Board, territory, area, agency, official, employee, or otherwise.
(Ord. 38 § 2, 1991)
CMWD-15
Title 2
WATER RATES AND SYSTEM FACILITIES
Chapters:
2.04 General Regulations
2.08 Retail and Recycled Water Rates
and Collection
2.12 Meters, Service Connections,
Connection Fees and Payment
2.16 Connections and Installation of
Service
2.20 Extensions of Water Pipelines and
Other Facilities
2.24 Engineering Services Fees
2.28 Fire Hydrants
2.32 Cross-Connection Control
Program
2.36 Procedures for Work in the CMWD
Right-of-Way
2.04.010
CMWD-17
Chapter 2.04
GENERAL REGULATIONS
Sections:
2.04.010 Definitions.
2.04.020 Wasting water—Report to CMWD.
2.04.030 Adoption of rules and regulations.
2.04.040 Failure to comply with rules and regulations or pay rates—Penalty.
2.04.050 Turning water or recycled water on and off from premises.
2.04.060 Persons not to interfere with CMWD water system.
2.04.070 Entrance upon private property by employees of CMWD.
2.04.080 Right of CMWD to enter premises, install meters and enforce collection of
charges.
2.04.090 Interference with inspection—Stoppage of service—Notice required.
2.04.100 Service of notice of stoppage of water or recycled water service.
2.04.110 Length of water or recycled water service stoppage.
2.04.120 Liability of CMWD to damage from break beyond meter.
2.04.130 Responsibility for damage resulting from turning off water or recycled water.
2.04.140 Unlawful use of water, recycled water, facilities and appurtenances.
2.04.150 Bills for labor, materials.
2.04.160 Settlement of disputes between customer and CMWD.
2.04.170 No mandatory duty.
2.04.180 Claims for damage.
2.04.010 Definitions.
The following terms are defined for purposes of this title:
“Applicant” means a person who applies for water or recycled water service.
“Board” means Board of Directors of the Carlsbad Municipal Water District.
“City of Carlsbad” means a municipal corporation in the State of California.
“CMWD” means Carlsbad Municipal Water District.
“Connection” means the metered water or recycled water service connection from a CMWD water
or recycled water pipeline facility, respectively.
“Cost” includes labor, material, transportation, expense, supervision, engineering, and other nec-
essary overhead expense.
“Customer” means any person to whom the CMWD supplies water or recycled water service under
a contract, either expressed or implied, to make payment therefor.
“Delivery charge” means the minimum monthly charge to a customer for availability of service, the
revenue from which enables the CMWD to maintain and operate a water system and a sepa-
rate recycled water system ready to deliver to a customer. The delivery charge shall be based
on the size of the water meter that is appropriate to provide service for the customer.
“Engineering service fees” means plan checking and inspection service fees for review of water
and recycled water facility improvement plans submitted by applicant, customer or their engi-
2.04.010
CMWD-18
neer and subsequent inspection of the installation of water and recycled water facilities in
conformance with approved standard drawings and specifications.
“Extension” means water or recycled water pipeline extension.
“Executive Manager” means the position that reports to the Board of Directors of the Carlsbad
Municipal Water District.
“General Counsel” means the position that has been appointed by the Board of Directors to advise
on legal matters.
“General Manager” means the position that reports to the Executive Manager of the Carlsbad Mu-
nicipal Water District and is responsible for the operation and maintenance of the water sys-
tem and recycled water system.
“Industrial or commercial” means any customer using water or recycled water for a building or
landscape irrigation of the site that is not a residential unit for the purpose of producing goods
or services other than the services of housing, permanent or transient occupants.
“Legal or equitable owner” means any owner of record, mortgage trustee, or contract purchaser.
“Meter” means device to measure the amount of water or recycled water the customer uses in
units where one unit is 748 gallons.
“Pipeline” means an existing or proposed water or recycled water pipeline in the water or recycled
water distribution system, respectively of the CMWD.
“Public Works Director” means the Public Works Director of the City of Carlsbad or designated
representative. The Public Works Director is responsible for the engineering decisions re-
quired for the planning, design, and construction of CMWD’s water and recycled water facili-
ties.
“Recycled water,” sometimes referred to as “reclaimed water,” means water obtained from the
treatment of domestic waste water which is suitable for direct beneficial use or a controlled
use that otherwise would not occur and also meets the highest level in conformance with
California Code of Regulations, Title 22, Division 4, Chapter 3 (Use of Recycled Water for Ir-
rigation and for Impoundments), currently Sections 60304 and 60305.
“Recycled water connection fee” means the fee paid for the planning, design, and construction of
capacity improvements and/or new facilities required for the delivery, distribution, and storage
of recycled water.
“Residential unit” means any single-family residential living unit which includes, but is not limited
to, the following: houses, duplexes, apartments, condominiums, and mobile homes.
“Risk Manager” means the Risk Manager of the City of Carlsbad.
“Service connection" includes the tapping of a CMWD water or recycled water pipeline and the
laying of a service line from the tapped connection on the pipeline to the meter location.
“Water” means potable water fit for human consumption in accordance with applicable State of
California Department of Public Health (CDPH) standards.
“Water connection fee” means the fee paid for the planning, design, and construction of capacity
improvements and/or new facilities required for the delivery, distribution, and storage of wa-
ter. (Ord. 47 § II.1, 2019; Ord. 45 § II.1, 2009)
2.04.020
CMWD-19
2.04.020 Wasting water—Report to CMWD.
No person shall willfully or neglectfully waste water in any manner whatsoever; and any person
having knowledge of any condition whereby water is being wasted shall notify the CMWD of such
fact by contacting the Executive Manager. (Ord. 47 § II.2, 2019; Ord. 45 § II.2, 2009)
2.04.030 Adoption of rules and regulations.
A. The Board may, from time to time by resolution, adopt rules and regulations for the operation
and maintenance of the water and recycled water facilities of the CMWD, and for furnishing
water or recycled water to customers, and may likewise by resolution modify the rates,
charges, fees, and penalties established and imposed by this title, and may from time to time
by resolution prescribe rules for the extension of water or recycled water pipelines within the
boundaries and outside the boundaries of the CMWD.
B. The Executive Manager may, from time to time, issue rules and regulations to carry out the
purposes of this title. (Ord. 47 § II.3, 2019; Ord. 45 § II.3, 2009)
2.04.040 Failure to comply with rules and regulations or pay rates—Penalty.
A. On failure to comply with the rules and regulations established by the CMWD as a condition
precedent to the right to use the water or recycled water, or to pay rates or any charges im-
posed, in the time and manner stated in this title, upon reasonable notice, the water and re-
cycled water will be shut off until payment of amount due including a 10% late fee is received
by CMWD. Charges not paid after 44 days are considered delinquent and are subject to addi-
tional fees. Charges will continue to accrue until customer notifies the CMWD to discontinue
service. CMWD may be notified in writing or by calling the City of Carlsbad’s Billing Division
of the Finance Department. If the commercial potable water or the recycled water bill remains
unpaid after 44 days following the mailing date of such bill, then the Executive Manager may
cause the commercial potable water or the recycled water service to be shut off from the
premises where the delinquency occurs, and the same meter shall remain shut off until all
bills, plus any additional charges shall have been paid.
B. Subject to the provisions in CMWD’s Residential Potable Water Service Shutoff Protection
Policy for Nonpayment of Charges, if the residential potable water bill remains unpaid after 60
days following the mailing date of such bill, then the Executive Manager may cause the resi-
dential potable water service to be shut off from the premises where the delinquency occurs
and the same meter shall remain shut off until all bills, plus any additional charges shall have
been paid. (Ord. 47 § II.4, 2019; Ord. 45 § II.4, 2009)
2.04.050 Turning water or recycled water on and off from premises.
No one except an authorized employee of the CMWD or City of Carlsbad shall turn the water or
recycled water on or off from any building or premises at a service gate valve, angle meter stop
valve, or corporation stop valve located upstream of the meter. (Ord. 47 § II.5, 2019; Ord. 45 § II.5,
2009)
2.04.060
CMWD-20
2.04.060 Persons not to interfere with CMWD water system.
No person shall in any manner whatsoever meddle, tamper with, or interfere with any part of the
water or recycled water system of the CMWD. (Ord. 47 § II.6, 2019; Ord. 45 § II.6, 2009)
2.04.070 Entrance upon private property by employees of CMWD.
Any authorized employee of the CMWD or City of Carlsbad shall be admitted at all reasonable
hours to all open areas of the premises supplied by water or recycled water to verify facilities are
in good operating condition, to make any repairs, replacements or improvements, and to verify that
rules and regulations are observed by the customer. (Ord. 47 § II.7, 2019; Ord. 45 § II.7, 2009)
2.04.080 Right of CMWD to enter premises, install meters and enforce collection of
charges.
Any authorized employee of CMWD or City of Carlsbad shall have the right at any time, and at any
point where water or recycled water is used, to install a water or recycled water meter of adequate
size, and enforce collection for the amount of water or recycled water that shall be used, in accor-
dance with all the ordinances, rules and regulations of the CMWD governing the consumption of
water or recycled water, and for that purpose may at any time go upon the premises of the cus-
tomer of water or recycled water. (Ord. 47 § II.8, 2019; Ord. 45 § II.8, 2009)
2.04.090 Interference with inspection—Stoppage of service—Notice required.
In case any authorized employee or agent of the CMWD or City of Carlsbad be refused admit-
tance to any premises supplied with water or recycled water by the CMWD, or on being admitted
he or she shall be hindered or prevented from making such examination or inspection by any per-
son, or for any reason thereto, the maintenance on such premises of a vicious dog or animal, or
for any other reason, the Executive Manager of the CMWD may cause the service of water or re-
cycled water of such premises to be discontinued, after giving written notice to the owner or occu-
pant thereof of his or her intention to do so. (Ord. 47 § II.9, 2019; Ord. 45 § II.9, 2009)
2.04.100 Service of notice of stoppage of water or recycled water service.
Such notice as is provided for in 2.04.090 shall be deemed served upon the legal owner or occu-
pant thereof if it is mailed to his or her last known address, and a copy thereof mailed to such
premises if his or her mailing address is not at such premises, or a door hanger may be placed at
the premises by CMWD or City of Carlsbad employee notifying legal owner or customer of water
or recycled water service being shut off, or other method that the Executive Manager determines
to be legally sufficient to ensure adequate notification is received by the legal owner or occupant.
(Ord. 47 § II.10, 2019; Ord. 45 § II.10, 2009)
2.04.110 Length of water or recycled water service stoppage.
Water or recycled water service may be discontinued until the customer or owner has given satis-
factory assurance to the Executive Manager that any such employee will not be hindered or pre-
vented from making such examination or inspection. (Ord. 47 § II.11, 2019; Ord. 45 § II.11, 2009)
2.04.120
CMWD-21
2.04.120 Liability of CMWD to damage from break beyond meter.
The CMWD will not be responsible for injuries or damages to buildings or their contents from any
water leakage, damage, or earth movement originating from a break beyond the meter connection.
(Ord. 47 § II.12, 2019; Ord. 45 § II.12, 2009)
2.04.130 Responsibility for damage resulting from turning off water or recycled water.
The CMWD shall not be responsible for any damage, such as bursting of boilers, damage to crops
or landscaping, the breaking of any pipe or fixture, stoppage or interruption of water or recycled
water supply, or any other damage resulting from the shutting off of water or recycled water. (Ord.
47 § II.13, 2019; Ord. 45 § II.13, 2009)
2.04.140 Unlawful use of water, recycled water, facilities and appurtenances.
It is unlawful for any person to open any fire hydrant, corporation stop valve, gate valve, angle me-
ter stop valve or to interfere in any manner with any water service, water connection, or any water
meter attached to any service pipe connected to the water pipelines, or to turn on or off water or
recycled water pipelines of the CMWD, or to tap, break, or injure any water or recycled water pipe-
line of the CMWD, or any reservoir, pumping station or pressure reducing station of the CMWD, or
to tap any water or recycled water service pipe, or take or draw water from any water pipe or fire
hydrant of the CMWD without paying the established water rate therefor, after having made written
application and received permission therefor as provided by this title or in anywise to trespass
upon the public property of the CMWD without written permission first being obtained from the
CMWD. (Ord. 47 § II.14, 2019; Ord. 45 § II.14, 2009)
2.04.150 Bills for labor, materials.
All bills for labor and materials furnished, or other charges not provided for otherwise, shall be-
come due and payable 30 days from date of mailing. (Ord. 47 § II.15, 2019; Ord. 45 § II.15, 2009)
2.04.160 Settlement of disputes between customer and CMWD.
A. If a dispute arises between any water or recycled water customer and the CMWD concerning
water or recycled water service or the amount of a water or recycled water bill to such cus-
tomer, the dispute may be settled, subject to the approval of the Board, by the Executive
Manager. The final decision and settlement of any such dispute shall be recorded in the min-
utes of the Board.
B. The provisions and procedures provided for in this section are permissive only and shall in no
way affect the other provisions of this title. (Ord. 47 § II.16, 2019; Ord. 45 § II.16, 2009)
2.04.170 No mandatory duty.
Nothing in this title is intended to create a mandatory duty on behalf of CMWD or the City of Carls-
bad and/or its employees under the Government Tort Claims Act and no cause of action against
CMWD or the City of Carlsbad and/or its employees is created by this chapter that would not arise
independently of the provisions of this title. (Ord. 47 § II.17, 2019; Ord. 45 § II.17, 2009)
2.04.180
CMWD-22
2.04.180 Claims for damage.
A. No claim for injuries or damages against the CMWD shall ever be allowed or paid unless
there has been first filed with the Secretary to the Board a claim therefor within the time peri-
ods required by subsection B of this section. All such claims for damages shall be first verified
by the claimant before an officer authorized to administer oaths.
B. A claim relating to a cause of action for death or for injury to person or to personal property or
growing crops shall be filed not later than 6 months after the accrual of the cause of action. A
claim relating to any other cause of action shall be filed not later than one year after the ac-
crual of the cause of action. (Ord. 47 § II.18, 2019; Ord. 45 § II.18, 2009)
2.08.010
CMWD-23
Chapter 2.08
RETAIL AND RECYCLED WATER RATES AND COLLECTION
Sections:
2.08.010 New account fee.
2.08.020 Continuity of service fee (landlords only).
2.08.030 Delivery charge.
2.08.040 Delivery charge for residential automatic fire extinguishing system.
2.08.050 Delivery charge—Proration.
2.08.060 Delivery charge where house becomes vacant—Request for discontinuance
of service.
2.08.070 Rate structure.
2.08.080 Water rates, charges, and fees to be established by resolution.
2.08.090 Meter readings and billings.
2.08.100 Service charges to be a lien against property of consumer.
2.08.110 Shutting off water on supply side of meter.
2.08.120 Adjustment of bills for meter error.
2.08.010 New account fee.
A new account fee as determined by resolution of the Board will be assessed on a customer on
their first bill. The CMWD requires at least 24 hours’ notice of water service turn on. If customer
contacts the CMWD the same day that customer wants service turned on, then the customer will
have an additional charge assessed on their next water bill. If customer requests service on holi-
days, weekends, or after 5:00 p.m. on weekdays to have water turned on the same day, then a
charge must be paid to the CMWD on the following normal working day. (Ord. 47 § III.1, 2019;
Ord. 45 § III.1, 2009)
2.08.020 Continuity of service fee (landlords only).
The CMWD will provide a continuity of service fee option for landlords only who wish to retain wa-
ter service to rental properties during periods of vacancy. The continuity of service must be re-
quested by the landlord and a fee, as determined by a resolution of the Board, paid to CMWD. The
water bill will be sent to the landlord’s address and the landlord will be billed for the continuity of
service fee. (Ord. 47 § III.2, 2019; Ord. 45 § III.2, 2009)
2.08.030 Delivery charge.
The CMWD shall charge each customer a monthly delivery charge for each service connection
with a meter in such amounts as provided by resolution of the Board as adopted from time to time.
(Ord. 47 § III.3, 2019; Ord. 45 § III.3, 2009)
2.08.040 Delivery charge for residential automatic fire extinguishing system.
When a water meter for a single-family residential unit is required to provide standby capacity for a
automatic fire extinguishing system, the delivery charge will be determined according to the size of
the meter necessary to meet the water use requirements for the customer, as determined accord-
2.08.050
CMWD-24
ing to the rules of the CMWD, without consideration of additional size necessary to provide the
delivery charge. The delivery charge to provide water for a automatic fire extinguishing system is
required when: (a) the automatic fire extinguishing system is required by law, including any re-
quirement imposed as a condition of development, permit, or occupancy; and (b) the Fire Chief,
Fire Marshal, or Building Official of the City of Carlsbad has provided a written statement verifying
the requirement for additional meter size. The determination under this section shall be made at
the time the meter is first obtained, or at the time a meter is replaced with one of greater size be-
cause of the later installation of the automatic fire extinguishing system. This provision shall not
apply to meters greater than one inch in size. (Ord. 47 § III.4, 2019; Ord. 45 § III.4, 2009)
2.08.050 Delivery charge—Proration.
The delivery charge will be prorated based on the normal date the meter is read for the month that
water service is started. (Ord. 47 § III.5, 2019; Ord. 45 § III.5, 2009)
2.08.060 Delivery charge where house becomes vacant—Request for discontinuance of
service.
If a single-family residence becomes vacant, the regular monthly delivery charge shall be charged
and collected from the owner thereof; whether water is used or not; until the day upon which the
office of the CMWD is notified of the fact that the property is unoccupied and is requested to shut
off water therefrom. (Ord. 47 § III.6, 2019; Ord. 45 § III.6, 2009)
2.08.070 Rate structure.
The CMWD rate structure shall be approved by the Board. Rates shall be set at a level sufficient
to pay for water purchases, maintenance and operations, debt service, replacement funding, ade-
quate reserves, and to meet the objectives established by the Board.
A. Residential Water Rate. The residential water rate is a tier rate per unit of water used where
one unit equals 748 gallons.
B. Commercial/Nonresidential. The commercial/nonresidential water rate is a flat rate per unit of
water used where one unit equals 748 gallons.
C. Agricultural Water Rate. The agricultural water rate shall be in compliance with the rate re-
duction and rules and requirements adopted by the Metropolitan Water District of Southern
California and the San Diego County Water Authority in relation to cost and availability of im-
ported water. Once a customer is authorized an Agricultural Water Rate, that customer must
comply with water supply reductions under Chapter 3.04 of this Code when the Board de-
clares Stage 2 or higher water conservation stages.
D. The Recycled Water Rate. The recycled water rate is a flat rate per unit of recycled water
used where one unit equals 748 gallons and applies only to the delivery of recycled water to
the customer. (Ord. 47 § III.7, 2019; Ord. 45 § III.7, 2009)
2.08.080
CMWD-25
2.08.080 Water rates, charges, and fees to be established by resolution.
The rates, charges, and fees for all water and recycled water delivered by CMWD shall be fixed,
and may be changed as necessary, by Resolution of the Board after following the provisions re-
quired by the California Constitution. All water and recycled water bills shall be due on mailing and
must be paid by the due date printed on the water or recycled water bill. (Ord. 47 § III.8, 2019;
Ord. 45 § III.8, 2009)
2.08.090 Meter readings and billings.
Meters shall be read and billings rendered on a monthly basis. The billing period is 30 days and is
based on the meter reading date. The date on which the bill is deemed delinquent shall be indi-
cated on the bill. (Ord. 47 § III.9, 2019; Ord. 45 § III.9, 2009)
2.08.100 Service charges to be a lien against property of consumer.
In addition to any other remedy provided for in this chapter for the enforcement and collection of
any water and recycled water rates, charge, fee or account, all rates provided for in this title shall
be charged against the property on which it is furnished, and against the owner thereof, and shall
be a lien against the premises to which any water or recycled water may be supplied, and a
charge against the owner thereof and the occupant thereof using the water. If for any cause any
sums owing therefor become delinquent, the water or recycled water shall be cut off and in no
case shall it be turned on to the same property until all such delinquencies shall have been paid in
full. Such property owner and occupant shall be severally responsible to the CMWD in an action
brought by the CMWD in any Court of competent jurisdiction for the amount of all such money as
may be due and unpaid, together with all penalties provided herein and costs. No change of own-
ership or occupation shall affect the application of this chapter. This section shall not apply to non-
permanent connections. (Ord. 47 § III.10, 2019; Ord. 45 § III.10, 2009)
2.08.110 Shutting off water on supply side of meter.
Upon the written request or call to the City’s Billing Division of the Finance Department, of the cus-
tomer or occupant of a building or premises to have the water shut off on the supply side of the
meter, the CMWD shall have the water shut off, and at the time record the reading of the meter
and render a bill in a sum which shall be the greater of the amount of water used according to the
rates and charges provided for, or for the monthly minimum charge due for the fractional part of
the month. (Ord. 47 § III.11, 2019; Ord. 45 § III.11, 2009)
2.08.120 Adjustment of bills for meter error.
A. Fast Meters. When upon test, a meter is found to be registering fast within the tolerances
above set forth in Section 2.12.050(B), the CMWD shall refund to the customer the amount of
the overcharge, based upon corrected meter readings for the period the meter was in use,
but not to exceed a period of 6 months.
B. Slow Meters. When, upon test, a meter is found to be registering slow beyond the tolerances
above set forth in Section 2.12.050(B), the CMWD shall bill the customer for the amount of
2.08.120
CMWD-26
the undercharge, based upon corrected meter readings for the period the meter was in ser-
vice, but not to exceed a period of 6 months.
C. Failed Meter Reads. In the event a water meter fails to register during any month, a charge
will be made based upon three month average amount of water used during the same period
for the previous year. In the event there was no meter at this place during the previous year,
a charge will be made upon an estimate fixed by the CMWD, which shall be paid by the cus-
tomer.
D. General. When it is found that the error in a meter is due to some cause, the date of which
can be fixed, the overcharge or the undercharge shall be computed back to, but not beyond,
such date. (Ord. 47 § III.12, 2019; Ord. 45 § III.12, 2009)
2.12.010
CMWD-27
Chapter 2.12
METERS, SERVICE CONNECTIONS, CONNECTION FEES AND PAYMENT
Sections:
2.12.010 Service connections in public right-of-way or easements.
2.12.020 Meter installation.
2.12.030 Service connection and meter ownership.
2.12.040 Charges for replacement, repairs, or adjustment caused by negligence of
customer.
2.12.050 Examination of meters at customer’s request.
2.12.060 Water meter permit.
2.12.070 Water and recycled water connection fee.
2.12.080 Minimum water meter size for buildings.
2.12.090 Irrigation water meters.
2.12.100 Maximum water meter size.
2.12.110 Construction meters.
2.12.120 Fire protection meters.
2.12.130 Meter installation charges.
2.12.140 Repairs by CMWD.
2.12.150 Transportation of water across property line.
2.12.160 Connection.
2.12.170 Cutting off or interfering with meter.
2.12.010 Service connections in public right-of-way or easements.
All water service connections shall be in conformance with CMWD standard specifications and
standard drawings in affect at the time the connection is installed; and all such connections must
be inspected and approved by the Public Works Director or designated representative before wa-
ter is admitted through meters. (Ord. 47 § IV.1, 2019; Ord. 45 § IV.1, 2009)
2.12.020 Meter installation.
All water and recycled water meters shall be new or be certified for accuracy to meet standards of
the American Water Works Association through testing performed or approved by the CMWD be-
fore being installed. (Ord. 47 § IV.2, 2019; Ord. 45 § IV.2, 2009)
2.12.030 Service connection and meter ownership.
The water/sewer connection permit shall note the date of connection for all service connections,
and upon this date the service connection will become the property of the CMWD and the
CMWD’s responsibility to maintain. The meter will become the property of the CMWD and the
CMWD’s responsibility to maintain upon its installation by CMWD or its authorized agent. (Ord. 47
§ IV.3, 2019; Ord. 45 § IV.3, 2009)
2.12.040
CMWD-28
2.12.040 Charges for replacement, repairs, or adjustment caused by negligence of
customer.
Where replacement, repairs, or adjustments of any service connection or meter are deemed nec-
essary by the act, negligence or carelessness of the customer, any expense caused the CMWD
thereby, shall be charged against and collected from the customer. If the customer fails to pay
such charges, water may be shut off until such charges are paid. (Ord. 47 § IV.4, 2019; Ord. 45 §
IV.4, 2009)
2.12.050 Examination of meters at customer’s request.
A. Deposit. Any customer may request that the meter, through which water or recycled water is
being delivered, be examined and tested by the CMWD or Maintenance and Operations De-
partment of the City of Carlsbad for the purpose of ascertaining whether or not it is registering
correctly the amount of water which is being delivered to it. Such request shall be accompa-
nied by payment of a deposit fee as established by resolution of the Board. Upon receipt of
such request, the Executive Manager will cause the meter to be examined and tested for the
purpose of ascertaining whether or not it is registering correctly the water or recycled water
being delivered through it.
B. Replacement of Defective Meter—Forfeiture of Deposit. If, on examination and test, the meter
shall be found to register a percentage of more or less than actually passes through it, than
allowed by the tolerances for such a meter as established by the American Waterworks As-
sociation standards, another meter shall be substituted therefor. If the meter is determined to
be registering more water than actually passes through it within the tolerances above set
forth, the above deposit will be refunded to the customer, but in the event the meter shall be
found to be accurate or registering less water than actually passes through it, the fee so de-
posited shall be forfeited to the CMWD. (Ord. 47 §§ IV.5, 6, 2019; Ord. 45 §§ IV.5, 6, 2009)
2.12.060 Water meter permit.
A. It is unlawful for any person to connect to or use the CMWD’s water system without first ob-
taining a water meter permit. That concurrently with issuance of a valid building permit for a
new structure or for a mobile home, upon application and payment of the required fees, the
CMWD’s Executive Manager may authorize connection of the structure for which the building
permit has been issued or the mobile home has been issued, to the water system. Every wa-
ter meter permit issued shall be returned if the building permit for the structure to which the
connection is being made or for the mobile home to be connected, expires by limitation or
otherwise becomes null and void. If a water meter permit has expired, then before the con-
nection for such structure or mobile home can be made, a new water meter permit shall be
obtained and the fee shall be one-half of the required fee for the original water meter permit
unless one year has passed since the expiration in which case the fee shall be the same as a
new water meter permit. Water meter permits for the connection of an existing structure to the
water system may be issued by the Executive Manager at any time upon proper application.
B. Every water meter permit issued pursuant to this section shall expire by limitation and be-
come null and void if work on the connection authorized by such permit is not completed
2.12.070
CMWD-29
within 180 days from the date of issuance of such permit. Reasonable extensions may be
granted by the Executive Manager in writing. (Ord. 47 § IV.7, 2019; Ord. 45 § IV.7, 2009)
2.12.070 Water and recycled water connection fee.
A. Applicants for installation of a service connection(s) shall pay a water connection fee, and at
locations where recycled water is to be used, a recycled water connection fee in the amount
as set from time to time by a resolution of the Board. The recycled water connection fee shall
be equal to the water connection fee for the same size meter; however, a recycled water
connection is not required to pay San Diego County Water Authority’s water connection fee.
When a water meter for a single-family residential unit is required to provide standby capacity
for a automatic fire extinguishing system, the water connection fee will be determined accord-
ing to the size of the meter necessary to meet the water use requirements for the customer,
as determined according to the rules of the CMWD, without consideration of additional size
necessary to provide the delivery of water for the automated fire extinguishing system. The
water connection fee and recycled water connection fee shall be adjusted annually by a reso-
lution of the Board by the percentage change in the Engineering News Record Los Angeles
Construction Cost Index with the base index in effect in December 2003, or subsequent reso-
lution of the Board.
B. For all residential units, the water connection fee shall be paid at the time of issuance of a
building permit for the property. For commercial and industrial development projects the water
connection fee shall be paid at the time of application for a water meter permit. The recycled
water connection fee shall be paid at the time the recycled water irrigation system has been
tested by the City of Carlsbad’s cross connection specialist and recycled water can be sup-
plied to the irrigation system. The customer shall provide CMWD a 24-hour notice for the re-
cycled water irrigation meter.
C. A credit on a water or recycled water connection fee will be made for the exchange of an ex-
isting meter service for a new meter service, or relocation of a meter service. The credit shall
only apply to the water or recycled water connection fee. The credit amount shall be based on
the connection fee amount in affect at the time the exchange is made. No credit shall be ap-
plied for exchange to a smaller meter. (Ord. 47 § IV.8, 2019; Ord. 45 § IV.8, 2009)
2.12.080 Minimum water meter size for buildings.
A. Residential Unit. For residential units the minimum size meter shall be five-eighths inch, ex-
cept where the residential unit is larger than 3,500 square feet or on a lot larger than one-
quarter acre where the meter size shall be three-fourths inch. Where there is a residential
automatic fire extinguishing system the minimum meter size shall be one inch.
B. Commercial and Industrial. For a commercial building, office condominium, and industrial
building an estimate shall be made of the supply demand in gallons per minute (gpm) as de-
termined from the California Plumbing Code “Appendix A,” latest adopted edition by the City
of Carlsbad. In addition, for industrial buildings all process water demand, if applicable, shall
be added to the supply demand determined above in “Appendix A” to determine the peak
supply demand. The estimated peak supply demand shall be compared to the maximum
rated capacity of each meter size and the capacity of the selected meter size shall be capable
2.12.090
CMWD-30
of conveying the peak supply demand calculated in gpm for the building. (Ord. 47 § IV.9,
2019; Ord. 45 § IV.9, 2009)
2.12.090 Irrigation water meters.
A. A meter and service connection used for landscape irrigation exclusively shall be installed in
accordance with CMWD standard specifications and drawings in affect at the time the con-
nection is made. The size of the irrigation water meter(s) and service connection shall be de-
termined by the landscape architect based on the flow demand in gallons per minute (gpm)
for the area to be irrigated. The minimum size meter(s) shall be capable of supplying the peak
irrigation water demand determined.
B. At locations where water is used for irrigation, then the water connection fees shall be based
on the CMWD connection fee and charges, and also include the San Diego County Water
Authority’s connection fee applicable to the meter size. If recycled water is used, then only
the CMWD connection fee and charges shall apply. The San Diego County Water Authority
will refund their connection fee amount to the customer if recycled water is eventually sup-
plied to the service connection and meter within one year of the original application for water
meter permit. The customer must prepare and submit the San Diego County Water Author-
ity’s “Capacity Charge Refund Request” form to CMWD for verification to request the connec-
tion fee refund. (Ord. 47 § IV.10, 2019; Ord. 45 § IV.10, 2009)
2.12.100 Maximum water meter size.
No water meter larger than a 2-inch meter shall be installed on any lot, or to any customer, except
upon approval and consent of the Public Works Director. (Ord. 47 § IV.11, 2019; Ord. 45 § IV.11,
2009)
2.12.110 Construction meters.
A. Water or recycled water used for construction shall be metered. Recycled water shall be used
when it is available. A construction meter is obtained by applying for a water meter permit.
The CMWD may connect a construction meter to any fire hydrant, service connection upon
proper application. The cost for a construction meter shall be comprised of a deposit fee and
a rental fee. The deposit fee will be refunded after the meter is returned in good working order
complete with fittings, and all bills pertaining thereto are paid. The meter will be installed and
removed by authorized CMWD or City of Carlsbad employees. Any damage caused to the
meter by the negligence or carelessness of any person to whom a meter is loaned must be
paid on demand. Water delivered through a construction meter will be charged at the stan-
dard water rate, including delivery charges. An additional fee will be charged upon each re-
quest to have a construction meter relocated.
B. The use of “jumpers” in place of a meter shall not be allowed on a temporary basis to test wa-
ter pressure in the plumbing of a new building, residence, or other purpose. (Ord. 47 § IV.12,
2019; Ord. 45 § IV.12, 2009)
2.12.120
CMWD-31
2.12.120 Fire protection meters.
A fire protection meter shall be installed on commercial and industrial buildings and when required
by the City’s Fire Marshal on residential units. The purpose of the fire protection meter is to moni-
tor if any water has been used from the fire protection line. The fire protection meter is only
charged a meter fee. No connection fees apply. (Ord. 47 § IV.13, 2019; Ord. 45 § IV.13, 2009)
2.12.130 Meter installation charges.
Applicants for installation of water meters shall pay installation charges as set from time to time by
a resolution of the Board. In the event a customer has an installed meter but wishes to exchange it
for another smaller size meter, he or she shall receive a rebate of the difference between the
charges for the larger and smaller meter in effect at the time the original meter was installed; but, if
he or she substitutes a larger meter for a smaller meter, he or she shall pay the difference be-
tween the current charges for the smaller meter and the larger meter. (Ord. 47 § IV.14, 2019; Ord.
45 § IV.14, 2009)
2.12.140 Repairs by CMWD.
All water and recycled water meters are the property of the CMWD and the CMWD will maintain
and repair them when in its judgment such repairs are needed. (Ord. 47 § IV.15, 2019; Ord. 45 §
IV.15, 2009)
2.12.150 Transportation of water across property line.
Water served through a meter shall not be transported through pipes or conduits across lot lines or
property lines. (Ord. 47 § IV.16, 2019; Ord. 45 § IV.16, 2009)
2.12.160 Connection.
A. Liability for Damage. When any person connecting a water service pipe to the property side
of a meter uses water for testing the pipes, he or she must leave the service box in as good
condition as found and shall leave the water shut off if found shut off, and shall in writing no-
tify the CMWD or City of Carlsbad at the time the connection is made. Any damage caused
by the negligence or carelessness of any person to any part of the meter box or connection,
must be paid by the person to the CMWD on demand.
B. Liability of Customer for Damages to Meter. After the water or recycled water meter is so
connected to the service connection, any damage to such meter resulting from an intentional
act, carelessness or negligence of the customer, or anyone employed by him or her, and any
damage which may result from hot water or steam from a boiler, or otherwise, shall be paid
for by such customer to the CMWD on presentation of a bill therefor; and in case such bill is
not paid, the water shall be shut off from the premises without further notice, and the same
shall not be turned on until all charges are paid. (Ord. 47 §§ IV.17, 18, 2019; Ord. 45 §§
IV.17, 18, 2009)
2.12.170
CMWD-32
2.12.170 Cutting off or interfering with meter.
It is unlawful for any person to interfere with or cut off or remove a water or recycled water meter
from any service connection where it has been installed, without first receiving written permission
from the CMWD or City of Carlsbad’s Maintenance and Operation Department. Such permission
shall be granted only for the purpose of tests, replacements, repairs to meter or service pipes, re-
adjustments of service, or similar emergency. (Ord. 47 § IV.19, 2019; Ord. 45 § IV.19, 2009)
2.16.010
CMWD-33
Chapter 2.16
CONNECTIONS AND INSTALLATIONS OF SERVICE
Sections:
2.16.010 Shut off valve.
2.16.020 Distance of sewer, gas, or other service pipe from water service.
2.16.030 Repairs to water pipelines, meters, and service connections.
2.16.040 Shutting off water or recycled water for repairs.
2.16.050 Steam boilers, hydraulic elevators, power pumps, and similar apparatus.
2.16.060 Right-of-way application for service—Form.
2.16.070 Connection to water pipelines upon compliance.
2.16.080 Multiple service connection and meter and multi-ownership building.
2.16.090 Discontinuance of service upon written notice.
2.16.100 Turning on of water or recycled water.
2.16.110 Use of water by construction workers—Water meter permit.
2.16.120 Supplying to other than occupant of premises.
2.16.130 Customer to accept service conditions.
2.16.140 Violations.
2.16.150 Severability.
2.16.010 Shut off valve.
A. For CMWD. There shall be an angle meter stop valve installed on the immediate upstream
side of the meter which angle meter stop valve shall be paid for by the customer but shall be
the property of the CMWD, and shall be for exclusive use and under its exclusive control.
B. For Customer. The water customer is hereby required, for their own protection, to provide, at
their own expense, a shut off valve consisting of a ball valve to be connected to the meter
immediately downstream of the meter and accessible to the employees of the CMWD or City
of Carlsbad. (Ord. 47 §§ V.1, 2, 2019; Ord. 45 §§ V.1, 2, 2009)
2.16.020 Distance of sewer, gas, or other service pipe from water service.
No sewer pipe, gas pipe or any other service pipe shall be installed or maintained nearer than 10
feet parallel to any service connection, water pipeline or meter of the CMWD without obtaining
prior approval from CMWD. Under no circumstance shall a sewer pipe or gas pipe or any other
service pipe be installed closer than 2 feet clear from the service connection, water pipeline or me-
ter. (Ord. 47 § V.3, 2019; Ord. 45 § V.3, 2009)
2.16.030 Repairs to water pipelines, meters, and service connections.
The CMWD shall, at its own expense, make all repairs necessary to water pipelines, meters, and
service connections. The CMWD shall make no repair or do any work whatsoever on the service
connection beyond the meter. Any repair, including parts and labor, made necessary by any acts
of negligence or carelessness of the customer, or other persons, shall be charged to and collected
from the customer, or the person responsible therefore. (Ord. 47 § V.4, 2019; Ord. 45 § V.4, 2009)
2.16.040
CMWD-34
2.16.040 Shutting off water or recycled water for repairs.
The CMWD reserves the right to shut off the water or recycled water supply from any premises at
any time without notice, for the purpose of making repairs, extensions or other necessary pur-
poses, or for any infraction of this title. (Ord. 47 § V.5, 2019; Ord. 45 § V.5, 2009)
2.16.050 Steam boilers, hydraulic elevators, power pumps, and similar apparatus.
It is unlawful for any person to draw any water from any water pipeline or service connection of the
CMWD, directly into any stationary steam boiler, hydraulic elevator, power pump, or similar appa-
ratus. If a customer desires water from the CMWD to be used in any stationary steam boiler, hy-
draulic elevator, power pump, or similar apparatus, the customer must first apply therefor in writing
to the CMWD, and if granted by the Board, such customer must provide a tank or reservoir of such
capacity as is required by standard practice. No such tank or reservoir shall be installed or used
unless and until the plans and specifications have been examined and approved in writing by the
Public Works Director or designee. (Ord. 47 § V.6, 2019; Ord. 45 § V.6, 2009)
2.16.060 Right-of-way application for service—Form.
Before any water will be supplied by the CMWD to any person which requires a connection from
the CMWD water pipeline on any real property, the owner or occupant of the property shall make a
written application for such service and service connection, upon submittal of a right-of-way permit
application provided by the CMWD at the City of Carlsbad’s Engineering Department. (Ord. 47 §
V.7, 2019; Ord. 45 § V.7, 2009)
2.16.070 Connection to water pipelines upon compliance.
Upon the applicant for water service having complied with all the requirements relating to written
application for service, the CMWD will cause the property described to be connected with the wa-
ter pipeline, subject to the provisions of this title and the rules and regulations of the Board. (Ord.
47 § V.8, 2019; Ord. 45 § V.8, 2009)
2.16.080 Multiple service connection and meter and multi-ownership building.
A. No water shall be served to 2 or more parcels of property separately owned through a com-
mon service connection and meter.
B. When more than one building is placed on the same parcel of property, then each building
shall have at least one service connection and meter.
C. When a multi-ownership residential, commercial, or industrial unit building is placed on the
same parcel of property and each is conducting a separately established residence or busi-
ness, a separate service connection and meter shall be required and installed for each own-
ership unit in the building. The cost of such service connection and meter installation shall be
paid by the owner or party receiving water service. For good cause shown, the Public Works
Director may allow one service connection and meter to a multi-ownership building to provide
service to more than one residential, or commercial/office condominium on a case-by-case
basis; provided, however, that the size of the service connection and meter shall be deter-
mined based on the combined fixture units of all residential or commercial/office condomini-
2.16.090
CMWD-35
ums served by the meter, within the building. In cases where the Public Works Director allows
one service connection and meter to a multi-ownership building, there shall be recorded a
deed restriction or other such document as approved by the Public Works Director and Gen-
eral Counsel placing future unit owner’s on notice that each and every residential or commer-
cial/office unit in the building on the property is served by a single service connection and me-
ter, and in the event that the water bill is not paid by the party or entity responsible for paying
the monthly water service charges to the CMWD for the respective building occupied by the
multi-ownership, the CMWD may at its discretion shut off the water service to such multi-
ownership building in accordance with CMWD adopted rules and regulations. In addition, a
multi-ownership building with a single service line and meter is required to install a private
sub-meter for each separately established residence or business. (Ord. 47 § V.9, 2019; Ord.
45 § V.9, 2009)
2.16.090 Discontinuance of service upon written notice.
Service will be discontinued and water service shut off by the CMWD within 48 hours of receiving
written notice to discontinue water service. (Ord. 47 § V.10, 2019; Ord. 45 § V.10, 2009)
2.16.100 Turning on of water or recycled water.
It is unlawful for any person to turn on the water or recycled water after the same has been turned
off by CMWD or City of Carlsbad. (Ord. 47 § V.11, 2019; Ord. 45 § V.11, 2009)
2.16.110 Use of water by construction workers—Water meter permit.
Contractors or any person, desiring to use water in construction work where connections must be
made other than through a meter, shall in each and every case make written application for, and
obtain a written permit for, the same from the City of Carlsbad’s Engineering Department before
connecting to any water pipeline, fire hydrant or using water therefrom, and shall make the deposit
required by the CMWD sufficient in its opinion to cover the estimated cost of the water to be used.
Such water meter permit shall be exhibited upon the work for which it has been issued during the
full-time the water is being used pursuant to such permit. (Ord. 47 § V.12, 2019; Ord. 45 § V.12,
2009)
2.16.120 Supplying to other than occupant of premises.
It is unlawful for any person to supply water to any other person other than the occupants of the
premises of such customer without written approval of the Public Works Director. (Ord. 47 § V.13,
2019; Ord. 45 § V.13, 2009)
2.16.130 Customer to accept service conditions.
All applicants for service connections or water service shall be required to accept such conditions
of pressure and service as are provided by the distributing system at the location of the proposed
service connection, and to hold the CMWD or City of Carlsbad harmless from all damage arising
from low pressure or high pressure conditions or interruptions of service. (Ord. 47 § V.14, 2019;
Ord. 45 § V.14, 2009)
2.16.140
CMWD-36
2.16.140 Violations.
It is unlawful for any person to violate any provision or fail to comply with any of the requirements
of this chapter. Any person violating any of the provisions or failing to comply with any of the provi-
sions of this chapter shall be guilty of a misdemeanor and shall be punished by a fine of not more
than $1,000.00 or by imprisonment in the County Jail for a period not exceeding 6 months, or by
both. (Ord. 47 § V.15, 2019; Ord. 45 § V.15, 2009)
2.16.150 Severability.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter or
any part thereof, is for any reason held to be invalid, such decision shall not affect the validity of
the remaining portions of this chapter or any part thereof. The Board declares that it would have
passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase, thereof,
irrespective of the fact that any one or more sections, subsections, subdivision, paragraphs, sen-
tences, clauses, or phrases be declared invalid. (Ord. 47 § V.16, 2019; Ord. 45 § V.16, 2009)
2.20.010
CMWD-37
Chapter 2.20
EXTENSION OF PIPELINES AND OTHER FACILITIES
Sections:
2.20.010 Excess capacity.
2.20.020 Application.
2.20.030 Size of water pipeline extension.
2.20.040 Determination of adequacy of size and necessity by Executive Manager—
Contract between applicant and CMWD—Reimbursement of applicant for
additional cost.
2.20.050 Determination of materials to be used and of additional cost of pipelines.
2.20.060 Payment of proportionate cost of water or recycled water pipeline prior to
connection.
2.20.070 Reimbursement agreement.
2.20.080 Improvements constructed under the Improvement Act of 1911—CMWD’s
participation.
2.20.090 Payments—Time limit for recovery.
2.20.100 Water or recycled pipeline extensions.
2.20.010 Excess capacity.
Excess capacity for the purpose of this chapter, is defined to mean only that excess capacity re-
sulting from the construction of pipelines or facilities larger than those required by the applicant for
extension under existing CMWD standards now or hereafter adopted. (Ord. 47 § VI.1, 2019; Ord.
45 § VI.1, 2009)
2.20.020 Application.
A. Generally. Any person may apply to the Executive Manager of the CMWD for the installation
of water pipelines and fire hydrants and other appurtenant facilities to be constructed either in
public streets, alleys or private property; however, nothing herein contained shall be con-
strued to modify any provision of the subdivision section hereinafter set forth, which requires
the subdivider to make certain improvements within a subdivision and bear the cost thereof.
B. Contents. Prior to the applicant extending a water or recycled water pipeline or constructing a
water or recycled water pipeline of excess capacity shall enter into a reimbursement agree-
ment with CMWD, setting forth, among other things, a statement describing that which the
applicant wishes to construct or have constructed, a map showing accurately the proposed
route and size of such facility, the estimated cost of construction of such facility, payment
schedule, auditing procedures, complete specifications as to the type of pipe and other ap-
purtenances which the applicant desires to construct or have constructed, and applicant shall
provide any and all additional information requested by the Executive Manager of the CMWD.
In no event shall any water or recycled water facility be constructed unless the standard plans
and specifications of the CMWD are observed and complied with. (Ord. 47 §§ VI.2, 3, 2019;
Ord. 45 §§ VI.2, 3, 2009)
2.20.030
CMWD-38
2.20.030 Size of water pipeline extension.
A. All water pipeline extensions will be installed in sizes best suited to the requirements and full
development of the CMWD water system as determined by the Public Works Director. In no
event will a water pipeline or recycled water pipeline extension be less than 6 inches in di-
ameter.
B. No property shall be connected to a CMWD water or recycled water pipeline which is of in-
adequate size to meet the requirements and full development of the CMWD water system as
determined by the Public Works Director. (Ord. 47 § VI.4, 2019; Ord. 45 § VI.4, 2009)
2.20.040 Determination of adequacy of size and necessity by Executive Manager—
Contract between applicant and CMWD—Reimbursement of applicant for
additional cost.
The Public Works Director for the CMWD shall determine if the size of such proposed water pipe-
line is adequate to serve the intended use of applicant; further, the Public Works Director shall de-
termine if there is other property within the CMWD not being served with water or recycled water
which could be served by the proposed water or recycled water pipeline, and if it appears to the
Public Works Director that it is necessary that the proposed water or recycled water pipeline and
appurtenant facilities should be constructed to a greater capacity than the immediate needs of the
applicant so that other property in the CMWD may be supplied with water or recycled water
through such pipeline, then the Executive Manager shall recommend to the Board that a reim-
bursement agreement be entered into between applicant and the CMWD providing for the con-
struction of such water or recycled water pipeline with excess capacity and establishing a reim-
bursement procedure and schedule for the additional costs incurred by building such water or re-
cycled water pipeline with such excess capacity. (Ord. 47 § VI.5, 2019; Ord. 45 § VI.5, 2009)
2.20.050 Determination of materials to be used and of additional cost of pipelines.
The quality of the materials of the water pipeline, hydrants, and other facilities in connection
therewith shall be determined by the Public Works Director, who shall give due regard to the po-
tential water service development in the territory that can reasonably be served by the extended
water pipeline. The Executive Manager shall determine the amount of money necessary to cover
the cost of construction of such water pipeline and shall determine the excess cost as herein be-
low provided, if any, over and above the cost of a standard size water pipeline facility sufficient to
serve applicant’s immediate need and use. (Ord. 47 § VI.6, 2019; Ord. 45 § VI.6, 2009)
2.20.060 Payment of proportionate cost of water or recycled water pipeline prior to
connection.
Whenever any person applies for a connection to a water or recycled water pipeline which has
been installed in any manner other than by public improvement proceedings for which an assess-
ment has been levied, and neither the person nor his predecessor in interest has paid the propor-
tionate share of the cost of the water or recycled water pipeline, with respect to the property
served, no application shall be acted upon, allowed, or approved by the CMWD, or any of its ad-
ministrative employees until such person has paid to the CMWD his proportionate share of the
2.20.070
CMWD-39
cost of the water or recycled water pipeline according to the terms, schedules, and conditions
hereinafter set forth. (Ord. 47 § VI.7, 2019; Ord. 45 § VI.7, 2009)
2.20.070 Reimbursement agreement.
A. Method of Determining Excess Cost for Reimbursement Agreement. In determining excess
cost for a reimbursement agreement, the actual cost of construction, including necessary
easement acquisitions, engineering and directly related incidental costs, shall be included
plus any overhead for managing the construction contract. The Executive Manager shall
make the final decision, subject to Board approval of the reimbursement agreement, in de-
termining the pro rata cost share of the excess capacity. In all cases the minimum pipeline
size for any property shall be at least 8 inches in diameter, and excess capacity shall be con-
sidered the difference in cost between the minimum pipe size or facility cost required for the
property and the recommended size to meet CMWD system requirements. Any right to reim-
bursement hereunder, or pursuant to contract, shall expire in accordance with the time speci-
fied in the reimbursement agreement or 10 years after the pipeline or facility has been ac-
cepted by the CMWD; provided, however, payment shall only be made to the applicant, or
designee, at such address as shall have been filed with the CMWD, by the applicant for such
purpose. No interest shall accrue to applicant pursuant to this section, or under any contract
entered into pursuant thereto. In no event shall the CMWD be liable or in any way responsible
for failure to collect such connecting fees, or for failure to pay any money to applicant.
B. Easements to be Provided—Title Insurance Policy—Construction Costs to be Deposited. If a
reimbursement agreement is entered into between applicant and the CMWD, applicant shall
provide easements in the event the water or recycled water pipeline or facilities lie outside
public property, and shall provide a Title Insurance Policy showing that granter has the valid
title to grant such an easement. Such easement shall be subject to the approval of the Gen-
eral Council for the CMWD for legal adequacy and shall be subject to the approval of the
Public Works Director and Executive Manager in all other respects. If applicant desires that
such water or recycled water pipeline be extended or such water or recycled water pipeline
and facilities be constructed by the CMWD and the Executive Manager recommends that the
CMWD construct such facilities, which recommendation is approved by the Board, then, in
that event, applicant shall deposit with the CMWD such sum of money as the Executive Man-
ager shall determine to be necessary in order to construct the improvements specified in the
reimbursement agreement.
C. Source of Reimbursement. The CMWD shall reimburse the applicant only from either the wa-
ter connection fee fund or the water replacement fund, subject to availability of funds, and the
CMWD’s responsibility shall be no greater than as set forth in this title.
D. Agreement between CMWD and Contributor for Repayment of Off-Site Improvement. The
Executive Manager is empowered to prepare a reimbursement agreement to be entered into
by the person who constructs off-site water or recycled water pipeline extensions and the
CMWD. Such agreement shall provide that the CMWD will refund to the persons who paid for
the cost of the water or recycled water pipeline extension all pipeline fees. The agreement
shall be limited to a 15-year period from and after the date of signing. The CMWD shall not be
liable to the subdivider for such moneys in the event that the collection of the charge is pre-
2.20.080
CMWD-40
vented by judgment or order of court, or in the event that such moneys are not collected due
to inadvertence or neglect of the officers or employees of the CMWD or City of Carlsbad.
(Ord. 47 §§ VI.8—10, 13, 2019; Ord. 45 §§ VI.8—10, 13, 2009)
2.20.080 Improvements constructed under the Improvement Act of 1911—CMWD’s
participation.
If any of the improvements, which would otherwise qualify as above set forth, are constructed
through a 1911 Act of Improvement District as defined in the Improvement Act of 1911, Division 7
of the Streets and Highways Code, the CMWD will agree to pay to the owner or owners of the
property assessed within the CMWD, said payments running with the land at all times mentioned
herein, the sums it would otherwise pay to an individual applicant under the terms of this chapter.
(Ord. 47 § VI.11, 2019; Ord. 45 § VI.11, 2009)
2.20.090 Payments—Time limit for recovery.
Any funds mailed to applicant or designee which are returned, or where the check, voucher, or
other payment remains uncashed for one year after such mailing, shall revert to the CMWD’s wa-
ter connection fee fund or water replacement fee fund as appropriate, and shall not be recoverable
by applicant. (Ord. 47 § VI.12, 2019; Ord. 45 § VI.12, 2009)
2.20.100 Water or recycled pipeline extensions.
A. Within Subdivisions.
1. Subdividers shall be required to install water or recycled water pipeline extensions to all
property within the subdivision. When such water or recycled water pipeline extensions
are constructed by the subdivider, then no refund agreement shall be available to the
subdivider for any portion of the water or recycled water pipeline constructed within the
limits of the subdivision or in streets that are immediately adjacent to the external limits
of such subdivision with the following exception:
When a subdivider is required to install a water or recycled water pipeline extension in
excess of their requirements for continuity and full development of the CMWD water sys-
tem, as determined by the Public Works Director, then the CMWD will contribute for the
additional costs required to construct the water or recycled water pipeline in excess of 8
inches in diameter.
2. Subdividers shall be required to extend to the external limits of the subdivision all water
and recycled water pipelines placed in and about the subdivision by the subdivider. The
subdividers may enter into a reimbursement agreement with the CMWD as outlined
heretofore for such other off-site portions of the water or recycled water pipeline exten-
sions they must install for the subdivision.
B. For Length of Property Frontage. A subdivider, contractor, or individual developer shall be
required to install a water or recycled water pipeline extension to the external limits of his or
her property line along the entire front of his or her property abutting upon the water or recy-
cled water pipeline extension; except, when such person is the owner of a large undeveloped
frontage, then in that event, the owner shall be required to install the water or recycled water
2.20.100
CMWD-41
pipeline extension for a minimum frontage of 75 feet; provided, that all of the following condi-
tions prevail:
1. That the portion of the property being connected to the water or recycled water pipeline
shall totally contain the residence of the owner, together with sufficient side yard set-
backs as required by applicable zoning law;
2. That sufficient area remains in the unconnected portion of the property in which to con-
struct one or more living units in accordance with the applicable zoning laws. (Ord. 47 §§
VI.14, 15, 2019; Ord. 45 §§ VI.14, 15, 2009)
2.24.010
CMWD-42
Chapter 2.24
ENGINEERING SERVICES FEES
Sections:
2.24.010 Established by resolution.
2.24.020 Adjustment of fees by resolution.
2.24.030 When paid.
2.24.010 Established by resolution.
The engineering service fees shall be established by resolution of the Board of Directors of the
CMWD and are for the purpose of defraying the cost of processing review, approval, and inspec-
tion of potable water and recycled water facilities, including pipeline and service line installation,
replacement and relocation, easements and quitclaims in connection with the development review
process of the City of Carlsbad:
A. Policy. The City of Carlsbad’s Engineering Department shall provide plan checking services
for potable and recycled water facilities to be constructed and added to the systems of the
CMWD at a charge of estimated cost of providing such services.
B. Fees. The fees to review improvement plans related to CMWD facilities shall be charged
based upon the estimated construction costs of the potable water and recycled water im-
provements, and all appurtenances only plus 15% contingency based on current City of San
Diego Bond Unit Prices, as determined by the Public Works Director or designee upon review
of the plans submitted in connection with any type of development within the CMWD. The
fees shall be fixed and established by resolution of the Board of Directors of the CMWD.
C. Private On-Site Irrigation System. The private on-site irrigation system for a proposed devel-
opment shall be plan checked by the City’s Planning Department and Engineering Depart-
ment. A plan check fee shall be paid to cover the City’s cost to review and approve the plans
of the private on-site irrigation system. The County of San Diego Environmental Health De-
partment also will review all private on-site irrigation plans where recycled water is proposed
to be used for irrigation. A separate plan check fee shall be submitted to the County of San
Diego, together with the landscape construction drawings and City’s application form. (Ord.
47 § VII.1, 2019; Ord. 45 § VII.1, 2009)
2.24.020 Adjustment of fees by resolution.
The City of Carlsbad’s Finance Department, on behalf of CMWD, shall periodically review the fees
charged for engineering services to ensure that the fixed fees do not exceed the estimated costs
of providing the services, and are fair and appropriate. Adjustments to the fixed fees may be made
at any time by resolution, but shall be adjusted annually by a ratio using the Engineering News
Record construction cost index for Los Angeles. (Ord. 47 § VII.2, 2019; Ord. 45 § VII.2, 2009)
2.24.030 When paid.
A. All fees to review improvement plans, easements or quitclaims are paid upon initial submittal
to the City of Carlsbad. For improvement plans, the applicant is responsible to pay an initial
2.24.030
CMWD-43
plan check fee that is based on the cost estimate submitted (valuation) with the initial submit-
tal. By the end of the plan check process of improvement plans, this valuation may increase
or decrease from the initial valuation, thereby changing the plan check fee that would be due.
Near the end of the plan check process and prior to the plan approval, the applicant is re-
sponsible to pay the balance of plan check fees or receive a refund for excess fee paid, de-
pending on the valuation change.
B. Prior to issuance of a right-of-way permit to construct the improvements, the applicant shall
pay inspection fees that cover the inspection of CMWD improvements. (Ord. 47 § VII.3, 2019;
Ord. 45 § VII.3, 2009)
2.28.010
CMWD-44
Chapter 2.28
FIRE HYDRANTS
Sections:
2.28.010 Use of fire hydrants—Generally.
2.28.020 Regulation of water supply from a fire hydrant.
2.28.030 Replacing cap after use.
2.28.040 Use of fire pipeline for other than fire purposes.
2.28.050 Private fire lines, etc.—Service connections.
2.28.010 Use of fire hydrants—Generally.
Fire hydrants are provided for the sole purpose of providing connections for the extinguishing of
fires, and shall be opened and used only by the CMWD and City of Carlsbad Fire Department or
such persons as shall be authorized to do so by the Executive Manager of the CMWD. (Ord. 47 §
VIII.1, 2019; Ord. 45 § VIII.1, 2009)
2.28.020 Regulation of water supply from a fire hydrant.
Persons wishing to take a supply of water from a fire hydrant must make application to the City’s
Engineering Department for such service by applying for a water meter permit to obtain a con-
struction meter. The CMWD will make the necessary connections and install a meter of required
size upon payment of a deposit fee and a rental fee in effect at the time of issuance of water meter
permit. (Ord. 47 § VIII.2, 2019; Ord. 45 § VIII.2, 2009)
2.28.030 Replacing cap after use.
Every person authorized to open a fire hydrant shall replace the cap on the outlet when the same
is not in use, and leave the hydrant in as good condition as when found, and such officer or person
shall report to the CMWD or the Fire Chief of the City of Carlsbad any leaks or breaks or damage
to the fire hydrant immediately upon discovery. (Ord. 47 § VIII.3, 2019; Ord. 45 § VIII.3, 2009)
2.28.040 Use of fire pipeline for other than fire purposes.
No fire pipeline shall be used for any purpose other than for the extinguishment of fire, unless the
same is equipped with a construction meter, in which event there shall be a charge for the water
used, together with the cost of the construction meter. (Ord. 47 § VIII.4, 2019; Ord. 45 § VIII.4,
2009)
2.28.050 Private fire lines, etc.—Service connections.
Where a privately-owned fire line is used for fire purposes only, and is connected to an automatic
fire extinguishing system or other standard fire hydrant, the owner shall pay for all service connec-
tions from the CMWD water pipeline to the above ground double check valve assembly or ap-
proved check valve and backflow preventer assembly. (Ord. 47 § VIII.5, 2019; Ord. 45 § VIII.5,
2009)
2.32.010
CMWD-45
Chapter 2.32
CROSS-CONNECTION CONTROL PROGRAM
Sections:
2.32.010 Purpose of provisions.
2.32.020 Adopted by reference.
2.32.030 Backflow prevention assembly removal.
2.32.040 Site supervisor.
2.32.050 Water system survey.
2.32.060 Customer notification.
2.32.070 Retrofitting fire protection systems with backflow prevention assemblies.
2.32.080 Water service termination.
2.32.090 Requirements for backflow prevention assembly testers.
2.32.100 Recycled water use.
2.32.110 Fees.
2.32.120 Violations.
2.32.130 Severability.
2.32.010 Purpose of provisions.
The purpose of this chapter is to:
A. Protect the public water supply against actual or potential contamination through cross con-
nections by containing within the customer’s system, sources of contamination that may oc-
cur within a customer’s premises because of some undiscovered or unauthorized cross-
connection on the premises;
B. To provide for the maintenance of a continuing program of cross-connection control which will
systematically and effectively prevent the contamination or pollution of the District’s potable
and recycled systems. (Ord. 47 § IX.1, 2019; Ord. 45 § IX.1, 2009)
2.32.020 Adopted by reference.
A. Article I of Group 4 of subchapter 1 of Chapter 5 of Title 17 of the California Administrative
Code entitled “Drinking Water Supplies” (17 CAC Section 7583 et seq.) relating to the imple-
mentation of the cross-connection program and provisions for backflow protection, testing
and maintenance of records of locations, tests and repairs of backflow prevention devices
and its successor regulations within the code are adopted by reference and supplemented
and implemented by this chapter.
B. Backflow testing requirements and passing test criteria shall be determined in accordance
with the most recent requirements and/or recommendations of the California Department of
Public Health’s approved laboratory.
C. The California Regional Water Quality Control Board, San Diego Region, issues Orders that
regulate recycled water use site conditions and inspection requirements within CMWD. All re-
quirements of the current Order shall be deemed part of this chapter. (Ord. 47 § IX.2, 2019;
Ord. 45 § IX.2, 2009)
2.32.030
CMWD-46
2.32.030 Backflow prevention assembly removal.
Approval must be obtained from the CMWD before a backflow prevention assembly is removed or
relocated.
A. The use of an assembly may be discontinued and the assembly removed from service upon
presentation of sufficient evidence to the CMWD to verify that a hazard no longer exists or is
not likely to be created in the future. The CMWD shall make the determination of whether a
hazard exists.
B. An assembly may be relocated following confirmation by the CMWD that the relocation will
continue to provide the required protection and satisfy installation requirements. A retest, per-
formed at the customer’s cost, will be required following the relocation of the assembly.
C. An assembly may be removed for repair, provided the water use is either discontinued until
the repair is completed and the assembly is returned to service, or the service connection is
equipped with other backflow protection approved by the CMWD. A retest, at the customer’s
cost, will be required following the repair of the assembly.
D. An assembly may be removed and replaced provided the water use is discontinued until the
replacement assembly is installed and retested at the customer’s cost. All replacement as-
semblies must be approved by the CMWD. (Ord. 47 § IX.3, 2019; Ord. 45 § IX.3, 2009)
2.32.040 Site supervisor.
A. At each premise where recycled water is used or where it is necessary in the opinion of the
CMWD, a site supervisor shall be designated by and at the expense of the customer. This
site supervisor shall be responsible for complying with applicable rules and regulations relat-
ing to recycled water use, monitoring of backflow prevention assemblies and for avoidance of
cross connections.
B. The site supervisor shall attend CMWD approved training in the use of recycled water. The
site supervisor shall be responsible for monthly tailgate trainings as well as training of new
employees prior to their assignment to a recycled water use site. Documentation of these
trainings will be required to be available during the annual walk through inspection.
C. In the event of the potential for contamination or pollution of the either the public or the cus-
tomer’s potable water system due to a cross-connection on the premises, the CMWD shall be
immediately notified by the site supervisor so that appropriate measures may be taken to
overcome the contamination.
D. The customer shall inform the CMWD of the site supervisor’s identity (name, address, and
telephone number) on an annual basis and whenever a change occurs.
E. Failure to comply with site supervisor requirements may result in discontinuance of water ser-
vice. (Ord. 47 § IX.4, 2019; Ord. 45 § IX.4, 2009)
2.32.050 Water system survey.
A. Backflow prevention assemblies will be required per the current edition of the City of Carlsbad
Engineering Standards. These backflow assemblies shall be tested by a tester who meets the
2.32.060
CMWD-47
requirements for a backflow assembly tester per this chapter upon installation at the cus-
tomer’s cost. The test must meet passing criteria as stated in Section 2.32.020.
B. The CMWD may require an on-premises inspection to evaluate cross-connection hazards.
The Public Works Director will transmit a written notice requesting an inspection appointment
to each affected customer. Any customer who cannot or will not allow an on-premises inspec-
tion of their piping system shall be required to install the backflow prevention assembly the
CMWD considers necessary.
C. The Public Works Director may, at his or her discretion, require a re-inspection for cross con-
nection hazards of any premise to which it serves water. The CMWD will transmit a written
notice requesting an inspection appointment to each affected customer. Any customer who
cannot or will not allow an on-premises inspection of their piping system shall be required to
install the backflow prevention assembly the Public Works Director considers necessary. In
addition, the CMWD may use any lawful procedure to enter and inspect any premises. (Ord.
47 § IX.5, 2019; Ord. 45 § IX.5, 2009)
2.32.060 Customer notification.
A. Assembly Installation.
1. The Public Works Director will notify the customer of the survey findings, listing the cor-
rective actions to be taken if any are required. A period of 30 days will be given to com-
plete all corrective actions required including the installation of backflow assemblies and
passing test results submitted to the CMWD. Backflow assembly installation standards
will be in accordance with the current edition of the City of Carlsbad Engineering Stan-
dards.
2. A second notice will be sent to each customer who does not take the required corrective
actions prescribed in the first notice within the 30 calendar days allowed. The second
notice will give the customer a 2-week period to take the required corrective action.
3. A third and final notice shall be sent to each customer who does not take the required
corrective action as prescribed in the first 2 notices. The final notice will give the cus-
tomer 10 days to take the required action. If the customer fails to complete the corrective
action within the 10-day period, the CMWD shall terminate water service to the affected
customer until the required corrective actions are taken and the customer has paid all
applicable fees associated with water service termination.
B. Testing and Maintenance.
1. The Public Works Director will notify each affected customer in writing 30 days prior to
the due date that the backflow prevention assembly installed on their service connection
must be tested, repaired if necessary and then retested. This written notice provides the
customer with the necessary form to be completed and resubmitted to the CMWD. The
customer shall have a certified tester perform the test and document the results of the
testing on the prescribed form. The customer is responsible to ensure that the com-
pleted form is returned to the CMWD in the prescribed time frame. Tests that do not
meet passing criteria will not be accepted.
2.32.070
CMWD-48
2. A second notice shall be sent to each customer who does not have the backflow preven-
tion assembly tested as prescribed in the first notice within the 30-calendar-day period
allowed. The second notice will give the customer a 2-week period to have the backflow
prevention assembly tested with passing test criteria.
3. A third and final notice shall be sent to each customer who does not have the backflow
prevention assembly tested as prescribed in the first 2 notices. The final notice will give
the customer 10 days to have the backflow prevention assembly tested with passing cri-
teria. If no action is taken within the 10-day period, the CMWD shall terminate water ser-
vice to the affected customer. Water service shall not be reactivated until the customer
has paid all applicable fees associated with water service termination and until the
CMWD has been notified by an approved tester that they have been contracted to per-
form the backflow assembly test. The CMWD will make an appointment with the tester to
restore water service so that the test may be performed. Any needed repairs and a
passing re-test must be performed within 5 business days or water service will be dis-
continued, with all applicable fees being reapplied. (Ord. 47 §§ IX.6, 8, 2019; Ord. 45 §§
IX.6, 8, 2009)
2.32.070 Retrofitting fire protection systems with backflow prevention assemblies.
A. Upon any modification to existing fire protection systems that are not currently protected by
either a reduced pressure principle detector assembly (RPDA) or a double check detector as-
sembly (DCDA), the CMWD will require the fire service supply line be retrofitted with either a
DCDA or an RPDA when any of the following occurs:
1. Any change in the fire protection water supply that would require an upgraded increase
in the fire service supply line;
2. Any renovation work to a structure or structures, involving changes and/or additions to
the fire sprinkler system, which require an increase in the minimum approved fire flow
requirements from the underground fire service supply line;
3. When a leak is detected in the underground backflow swing-check valve, requiring re-
placement;
4. Any failure in the post indicator valve system, which would require more work than the
standard maintenance procedures;
5. Anytime a fire service supply line for an existing fire protection system fails, including
maintenance, testing, and seismic failures, and the fire protection system shall be retro-
fitted with approved backflow prevention assemblies.
B. In all cases of a retrofit, the fire protection system shall be hydraulically calculated to meet the
minimum fire flow demand of the fire sprinkler system. This determination shall be based on
compliance with the National Fire Protections Association’s standard for minimum design and
water flow requirements for sprinkler systems.
C. The CMWD shall determine the degree of hazard to determine whether the fire service is ret-
rofitted with a DCDA or an RPDA.
D. Detector assemblies will be installed per the current edition of the City of Carlsbad Engineer-
ing Standards. (Ord. 47 § IX.7, 2019; Ord. 45 § IX.7, 2009)
2.32.080
CMWD-49
2.32.080 Water service termination.
A. When the CMWD encounters water uses that represent a clear and immediate hazard to the
potable water supply that cannot be immediately abated, the District shall institute the proce-
dure for discontinuing the CMWD water service.
B. Conditions or water uses that create a basis for water service termination shall include, but
are not limited to the following items:
1. Refusal to install a required backflow prevention assembly;
2. Refusal to test a backflow prevention assembly;
3. Refusal to repair a faulty backflow prevention assembly;
4. Refusal to replace a faulty backflow prevention assembly;
5. Direct or indirect connection between the public water system and a sewer line;
6. Unprotected direct or indirect connection between the public water system and a system
or equipment containing contaminants;
7. Unprotected direct or indirect connection between the public water system and an auxil-
iary water system;
8. A situation which presents an immediate health hazard to the public water system.
C. For conditions 1, 2, 3 or 4, the CMWD will terminate service to a customer’s premise after 3
written notices have been sent specifying the corrective action needed and the time period in
which it must be done. If no action is taken within the allowed time period water service shall
be terminated. The water service will remain inactive until correction of violations has been
approved by the CMWD and payment received for all applicable fees associated with water
service termination.
D. For conditions 5, 6, 7 or 8, the CMWD will take the following steps:
1. Make reasonable effort to advise customer of intent to terminate water service;
2. Terminate water supply and lock service valve. The water service will remain inactive
until correction of violations has been approved by the CMWD and payment received for
all applicable fees associated with water service termination. (Ord. 47 § IX.9, 2019; Ord.
45 § IX.9, 2009)
2.32.090 Requirements for backflow prevention assembly testers.
A. Competency in all phases of backflow prevention assembly testing and repair must be dem-
onstrated by means of education and/or experience in order to obtain certification.
B. The following are minimum requirements:
1. Applicants shall hold and submit a copy to the CMWD of a valid backflow prevention as-
sembly tester certificate from the American Water Works Association (AWWA) Califor-
nia-Nevada Section, American Backflow Prevention Association (ABPA), or have
equivalent certification in the opinion of the CMWD and the California Department of
Public Health.
2.32.100
CMWD-50
2. All backflow testers shall submit to the CMWD current gauge calibration certificates for
test kits to be used within the CMWD service area. Gauges must undergo an annual
calibration check. The tester shall be responsible for the competency and accuracy of all
tests and reports prepared by him or her.
C. A tester may have his or her testing privileges revoked or suspended by the CMWD for im-
proper testing, repairs and/or reporting. (Ord. 47 § IX.10, 2019; Ord. 45 § IX.10, 2009)
2.32.100 Recycled water use.
A. Recycled water use sites inspections will be performed per the requirements of the State of
California Department of Public Health, County of San Diego Department of Environmental
Health, California Regional Water Quality Control Board, San Diego Region, or other regula-
tory agency or as determined by the CMWD.
B. The recycled water user shall provide the CMWD with an accurate set of controller charts.
The chart is to be a reduced drawing of the as-built system. The chart shall use a different
color to show the area of coverage for each station. (Ord. 47 § IX.11, 2019; Ord. 45 § IX.11,
2009)
2.32.110 Fees.
Fees to implement, maintain, administer, and enforce this chapter shall be established by resolu-
tion of the CMWD Board.(Ord. 47 § IX.12, 2019; Ord. 45 § IX.12, 2009)
2.32.120 Violations.
It is unlawful for any person to violate any provision or fail to comply with any of the requirements
of this chapter. Any person violating any of the provisions or failing to comply with any of the provi-
sions of this chapter shall be guilty of a misdemeanor and shall be punished by a fine of not more
than $1,000.00, or by imprisonment in the County Jail for a period not exceeding 6 months, or by
both. (Ord. 47 § IX.13, 2019; Ord. 45 § IX.13, 2009)
2.32.130 Severability.
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this chapter or
any part thereof, is for any reason held to be invalid, such decision shall not affect the validity of
the remaining portions of this chapter or any part thereof. The Board declares that it would have
passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase, thereof,
irrespective of the fact that any one or more sections, subsections, subdivision, paragraphs, sen-
tences, clauses, or phrases be declared invalid. (Ord. 47 § IX.14, 2019; Ord. 45 § IX.14, 2009)
2.36.010
CMWD-51
Chapter 2.36
PROCEDURES FOR WORK IN THE CMWD RIGHT-OF-WAY
Sections:
2.36.010 Title.
2.36.020 Definitions.
2.36.030 Public Works Director’s authority and responsibilities.
2.36.040 Permits—Required.
2.36.050 Application for right-of-way permit or encroachment permit.
2.36.060 Permits—Requirements of plans.
2.36.070 Commencement and completion of work.
2.36.080 Requirements for performance of work.
2.36.090 Acceptance of work.
2.36.100 Permit—Denial and revocation.
2.36.110 Appeal procedure.
2.36.120 Encroachment and right-of-way application and permit fees.
2.36.130 Performance deposits.
2.36.140 Placement of materials or obstruction of CMWD right-of-way.
2.36.150 Relocation of structures—Removal of encroachment.
2.36.160 Holding CMWD harmless—Insurance.
2.36.170 CMWD not liable for damage to encroachment or encroachment area.
2.36.180 Exemptions.
2.36.010 Title.
This chapter may be cited as the “Right-of-Way Permit and Encroachment Agreement.” (Ord. 47 §
X.1, 2019; Ord. 45 § X.1, 2009)
2.36.020 Definitions.
The following words shall have the following meanings and set out in this chapter:
“Encroachment” means and includes any tower, pole, pole line, pipeline, fence, billboard, stand or
building, or any structure, or pavement of any kind or character whether or not it is particularly
mentioned in this subsection, which is placed in under or over any portion of a CMWD right-
of-way.
“Plans” means the document developed and approved by the Public Works Director describing the
nature and extent of works proposed to be constructed or carried out on a CMWD right-of-
way.
“Right-of-way” means any CMWD real property easement, CMWD interest in real property or pub-
lic utility easement used by the CMWD.
“Specification” means the Standard Specifications used for public works construction (current edi-
tion including supplements) written and promulgated by the Southern California Chapter of
American Public Works Association and Southern California District Associated General Con-
tractors or California Joint Cooperative Committee and published by Building News Incorpo-
rated or other such specifications noted on approved plans including CMWD standard draw-
ings and specifications.
2.36.030
CMWD-52
“Standard drawings” means the standard drawings of the Carlsbad Municipal Water District,
adopted and revised by the Public Works Director and most recently adopted San Diego Re-
gional Standard Drawings. (Ord. 47 § X.2, 2019; Ord. 45 § X.2, 2009)
2.36.030 Public Works Director’s authority and responsibilities.
This chapter shall be administered by the City of Carlsbad’s Public Works Director who shall have
the responsibility and authority to:
A. Establish the form and procedures for application for encroachment permits required pursu-
ant to this title including the certification of completed applications, the approval of plans, the
establishment of files, collection of fees and security deposits;
B. Interpret provisions of this title and advise the public regarding requirements for plans, speci-
fications, and special provisions for facilities or encroachments subject to the provisions of
this title;
C. Establish the format and content of plans and standards governing work on facilities or en-
croachments pursuant to the provision of this chapter;
D. Issue permits upon such conditions as determined are reasonable and necessary to protect
the public health, safety, and welfare;
E. Amend any permit issued when determined that such amendment is necessary to provide for
the safe and efficient movement of traffic, or protect CMWD facilities, persons, or property.
(Ord. 47 § X.3, 2019; Ord. 45 § X.3, 2009)
2.36.040 Permits—Required.
No person shall do any of the following acts without first obtaining a valid right-of-way permit and
encroachment agreement:
A. Make or cause to be made excavation or opening, fill or obstruction in, over, along, across, or
through any CMWD right-of-way for any purpose whatsoever;
B. Construct or repair or cause to be constructed or repaired any curb, sidewalk, gutter, curb
with integral gutter, drive approach, driveway, alley approach, spandrel and cross gutter,
wheelchair ramp, structure, planter, wire, pipe, or vault over, along, across, overhanging, or
through any CMWD right-of-way;
C. Plant any tree, plant, shrub, or flower within any CMWD right-of-way;
D. Construct or modify or cause to be constructed or modified, any storm drain or conveyor of
drainage of waters and appurtenance items within a CMWD right-of-way, except for drainage
by controlled surface flow;
E. Modify, alter or deface any block wall on or adjacent to a CMWD right-of-way;
F. Enter into or exit from any CMWD right-of-way at any location not approved and constructed
as a driveway. (Ord. 47 § X.4, 2019; Ord. 45 § X.4, 2009)
2.36.050
CMWD-53
2.36.050 Application for right-of-way permit or encroachment permit.
A. Any person proposing to do any of the acts described in Section 2.36.040 of this chapter shall
make an application for a: (1) right-of-way permit, and if required; (2) encroachment agree-
ment to the Public Works Director.
B. The following information shall be included in the application:
1. The location, nature, and extent of work to be performed;
2. The proposed date when such work shall be commenced;
3. The proposed date when the work shall be completed;
4. Such other information as may be required by the Public Works Director.
C. The Public Works Director may require the application to contain an encroachment agree-
ment if deemed necessary due to the size duration, and/or nature of the encroachment. The
encroachment agreement shall:
1. Require the encroachment to be placed and maintained in a safe and sanitary condition;
2. Require removal of the encroachment by the permittee upon reasonable demand by the
Public Works Director;
3. Allow the CMWD to remove the encroachment and place a lien on the property if the
permittee does not remove the encroachment in a reasonable time period;
4. Allow for the removal of the encroachment by the CMWD during the performance of any
emergency repairs without liability to the CMWD for damages;
5. Require adequate security of performance of such promise;
6. Require indemnification of the CMWD in accordance with Section 2.36.160;
7. Be in a form acceptable to the General Counsel. (Ord. 47 § X.5, 2019; Ord. 45 § X.5,
2009)
2.36.060 Permits—Requirements of plans.
If, in the opinion of the Public Works Director, the work proposed to be done requires the making
of plans or setting of stakes, or both, the Public Works Director may require the application to be
accompanied by the necessary plans, which plans shall be prepared by a competent engineer li-
censed by the California Department of Consumer Affairs. The plans shall be reviewed by the
Public Works Director or designee and shall pay the necessary fees in accordance with Chapter
2.24. The applicant shall bear all costs to prepare and process said plans. (Ord. 47 § X.6, 2019;
Ord. 45 § X.6, 2009)
2.36.070 Commencement and completion of work.
Every permittee shall commence work as stipulated in the permit application and diligently pursue
the work to completion without interruption within the time period specified in the permit. A permit
issued under this title may be limited to a period of time as specified in the permit. (Ord. 47 § X.7,
2019; Ord. 45 § X.7, 2009)
2.36.080
CMWD-54
2.36.080 Requirements for performance of work.
A. The permittee shall perform the work in a timely manner, in accordance with applicable plans,
specifications and CMWD standards to the satisfaction of the Public Works Director.
B. No person shall cause any improvement or appurtenant work to be performed on any CMWD
right-of-way by any person other than a licensed contractor or a public utility.
C. All work shall be inspected by the representative as follows:
1. No person shall prevent or obstruct the CMWD representative in making any inspection
authorized by this title or in taking any sample or in making any test.
2. Inspection requests must be made with 24-hour notice to the CMWD.
3. All work not in conformance with approved plans and specifications is subject to rejec-
tion by the CMWD.
4. Request for final inspection shall be made in writing.
D. As the work progresses, the CMWD right-of-way shall be thoroughly cleaned of all rubbish,
excess earth, rock and other debris resulting from such work. All construction and mainte-
nance work shall be done in a manner designed to leave the area clean of earth and debris
and in a condition as nearly as possible to that which existing before such work began. All
cleanup operations at the location of such work shall be accomplished at the expense of the
permittee. Upon failure of the permittee to clean the area, the CMWD may proceed with
cleanup and removal of the material or obstruction in accordance with procedures identified in
Section 2.36.140 of this chapter. (Ord. 47 § X.8, 2019; Ord. 45 § X.8, 2009)
2.36.090 Acceptance of work.
If the Public Works Director, by survey or by inspection or by both, determines that the work has
been completed according to the requirements of this title and the permit, he or she shall issue a
certificate of acceptance, which shall contain a statement of the location, nature, and extent of the
work performed under the permit. (Ord. 47 § X.9, 2019; Ord. 45 § X.9, 2009)
2.36.100 Permit—Denial and revocation.
A. The CMWD may deny the issuance of a right-of-way permit to any person who refuses or
fails to comply with the provision of this chapter, who is indebted to the CMWD for past permit
violations, or who in the judgment of the Public Works Director has repeatedly violated permit
procedures or failed to comply with conditions requiring protection of the public health and
safety.
B. The Public Works Director may deny the issuance of a right-of-way permit to any person who
refuses to execute an encroachment agreement as required by Section 2.36.050.
C. Any permittee found in violation of the conditions of permit or the provisions of this title shall
be given a written notice to comply, stipulating the violation. Upon receipt of the notice to
comply, the permittee shall take action to correct the condition of violation within the period
stipulated in the notice. If, within the period, appropriate measures have not been imple-
mented, the CMWD may revoke the permit and take any measures required to secure the
2.36.110
CMWD-55
work site or return the work site to its original condition. The cost of such work may be col-
lected from the permittee.
D. A revoked permit may be reinstated if the permittee demonstrates to the satisfaction of the
Public Works Director that work will be continued in conformance with the permit and the pro-
visions of this chapter.
E. The Public Works Director shall require, as a condition of the permit, reinstatement of pay-
ment of all charges incurred by the CMWD as a result of permit revocation including a
$500.00 penalty for violation of the provisions of this chapter. (Ord. 47 § X.10, 2019; Ord. 45
§ X.10, 2009)
2.36.110 Appeal procedure.
A. Any person aggrieved by any decision of the Public Works Director with respect to the issu-
ance, revocation, or refusal to issue a right-of-way permit may appeal to the Board of Direc-
tors by filing a notice of appeal with the Secretary of the Board within 10 calendar days after
the date of the decision of the Public Works Director. Appeals shall be in writing and shall
state the basis for the appeal. Fees for filing an appeal shall be in amount established by
resolution of the Board of Directors. The decision of the Board of Directors shall be final.
B. The Secretary shall thereupon fix a time and place for hearing such appeal. The secretary
shall give notice to the appellant and applicant/permittee of the time and place of hearing by
serving the notice personally or by depositing it in the United States Post Office postage pre-
paid, addressed to such persons at their last known address unless otherwise requested in
the notice of appeal.
C. The Board of Directors shall have the authority to determine all questions raised on such ap-
peal. (Ord. 47 § X.11, 2019; Ord. 45 § X.11, 2009)
2.36.120 Encroachment and right-of-way application and permit fees.
Encroachment application and right-of-way permit fees shall be charged by the CMWD for the
processing of an encroachment application and the issuance of a right-of-way permit. The fees
shall be established by resolution of the Board of Directors for the CMWD, for the purpose of de-
fraying the cost of processing an application, issuing the requested permit, inspection of works
completed under the permit, and other costs of administrating this title. The fees shall be paid at
the time of application. (Ord. 47 § X.12, 2019; Ord. 45 § X.12, 2009)
2.36.130 Performance deposits.
A. As a condition of issuance of a right-of-way permit, the Public Works Director may require
posting of a cash deposit or an equivalent security in a form acceptable to the General Coun-
sel. The applicant shall post a security for 100% of the bond amount for performance and
50% of the bond amount for labor and materials, totaling 150% of bond amount. The cash
deposit may be used at the discretion of the Public Works Director to provide for restoration
of CMWD facilities or removal from the right-of-way of work, materials or equipment when
permittee or the permittee’s agent fails to act in a timely manner to provide for the public
2.36.140
CMWD-56
health, safety, or welfare. The deposit shall otherwise be for the purpose of guaranteeing per-
formance of work contemplated under the permit.
B. The amount of the deposit shall be established by the Public Works Director.
C. Upon completion and acceptance of work under permit, any funds unused shall be refunded
to the applicant and any other bonds or security instruments shall be released.
D. If, in the opinion of the Public Works Director, any deposit or security is not sufficient for the
protection of the public interest in the public places, the Public Works Director may require an
additional deposit or an increase in the security in such amount as he or she determines nec-
essary. The permittee shall, upon demand, deposit the additional cash or security.
E. Upon failure or refusal to pay, the Public Works Director may revoke the permit and/or re-
cover the deficiency by appropriate action in any court of competent jurisdiction, until such
deficiency is paid in full, no other permit shall be issued to such permittee. (Ord. 47 § X.13,
2019; Ord. 45 § X.13, 2009)
2.36.140 Placement of materials or obstruction of CMWD right-of-way.
A. No person shall place or maintain any material or any obstruction or impediment to travel in
or upon any CMWD right-of-way without a permit to do so.
B. Persons violating provisions of this Section 2.36.080(D) or 2.36.150(A) shall be issued a no-
tice of removal and given a specified time to remove such material, obstruction or impedi-
ment. Any failure to comply with the notice is unlawful and a public nuisance endangering the
health, safety, and general welfare of the public. In addition to any other remedy provided by
law for the abatement of such public nuisance, the Public Works Director may, after giving
notice, cause the work necessary to accomplish the removal. The costs thereof may be as-
sessed against the owner or owners of the project creating the obstruction.
C. Notice of removal shall be in writing and mailed to all persons whose names appear on the
last equalized assessment roll as owners of real property creating the obstruction at the ad-
dress shown on the assessment roll. Notice shall also be sent to any person known to the
Public Works Director to be responsible for the nuisance. The Public Works Director shall
also cause at least one copy of such notice to be posted in a conspicuous place on the prem-
ises. No assessment shall be held invalid for failure to post or mail or correctly address any
notice. The notice shall particularly specify the work required to be done and shall state that if
the work is not commenced within 24 hours after receipt of such notice and diligently prose-
cuted (without interruption) to completion, the CMWD shall cause such work to be done, in
which case the cost and expense of such work, including incidental expenses incurred by the
CMWD, will be assessed against the property or against each separate lot and become a lien
upon such property.
D. If upon the expiration of the 24-hour period provided for in subsection C of this section, the
work has not commenced or is not being performed with diligence, the Public Works Director
shall proceed to do such work or cause such work to be done. However, the CMWD may pro-
ceed to remove the encroachment immediately and without notice to the owner if removal of
the encroachment is necessary to make emergency repairs to CMWD facilities.
2.36.140
CMWD-57
E. Upon completion of such work, the Public Works Director shall file written report with the
Board of Directors setting forth the fact that the work has been completed and the cost
thereof, together with a legal description of the property against which cost is to be assessed.
The Board of Directors shall thereupon fix a time and place for hearing protest against the
assessment of the cost of such work. The Public Works Director or the Secretary of the
Board, if so directed by the Board, shall thereafter give notice in writing to the owners of the
project in the manner provided in subsection C of the hour and place that the Board of Direc-
tors will pass upon the Public Works Director’s report and will hear protests against the as-
sessments. Such notice shall also set forth the amount of the proposed assessment.
F. Upon the date and hour set for the hearing of protests, the Board of Directors shall hear and
consider the Public Works Director’s report and all protests, if there are any, and then pro-
ceed to confirm, modify, or reject the assessments.
G. A list of assessments as finally confirmed by the Board of Directors shall be sent to the City of
Carlsbad Finance Department for collection. If any assessment is not paid within 10 days af-
ter its confirmation by the Board of Directors, the secretary shall cause to be filed in the office
of the County Recorder a notice of lien, substantially in the following form:
NOTICE OF LIEN
Pursuant to Carlsbad Municipal Water District (Ordinance No. __ ), the Carlsbad Municipal
Water District did on the _____ day of _____, 20_, cause maintenance and report work to be
done in the CMWD right-of-way for the purpose of abating a public nuisance caused by activi-
ties related to construction at the property described below. The Board of Directors of the
Carlsbad Municipal Water District did on the _____ day of ____ 20_, by its Resolution No.
___ assess the cost or portion of the cost thereof upon the real property hereinafter de-
scribed, and the same has not been paid nor any part thereof, and the Carlsbad Municipal
Water District does hereby claim a lien upon said real properly until the same sum with inter-
est thereon at the maximum rate allowed by law from the date of the recordation of this in-
strument has been paid in full and discharged of record. The real property herein before men-
tioned and upon which a lien is hereby claimed is that certain parcel of land in the City of
Carlsbad, County of San Diego, State of California, particularly described as follows:
(Description of property)
_____________________________________________
Dated this ___ day of ___, 20_
_____________________________________________
Secretary of the Board, Carlsbad Municipal Water District
H. From and after the date of record at ion of such notice of lien, the amount of the unpaid as-
sessment shall be a lien on the property against which the assessment is made, and such
assessment shall bear interest at the maximum rate allowed by law until paid in full. The lien
shall continue until the amount of the assessment and all interest thereon has been paid. The
lien shall be subordinate to tax liens and all fixed special assessment items previously im-
2.36.150
CMWD-58
posed upon the same property, but shall have priority over all contractual liens and all fixed
special assessment liens, which may thereafter be created against the property. From and af-
ter the date of recordation of such notice of lien, all persons shall be deemed to have notice
of the contents thereof. (Ord. 47 § X.14, 2019; Ord. 45 § X.14, 2009)
2.36.150 Relocation of structures—Removal of encroachment.
A. The Public Works Director may require any permittee, who pursuant to a duly issued right-of-
way permit under this title, has performed construction work or placed and maintained any
encroachment, to remove or move the encroachment at the permittee’s own cost and ex-
pense to such different location as is specified in a written demand of the Public Works Direc-
tor, whenever such move is necessary to ensure the safety and convenience of the public or
facilitate construction . The Public Works Director shall specify in the demand a reasonable
time within which the work of relocation must be commenced, and the permittee must com-
mence such relocation within the time specified in the demand and thereafter diligently
prosecute the same to completion. If permittee fails to diligently remove the encroachment,
the Public Works Director may proceed under Section 2.36.140.
B. The CMWD shall have the right to relocate or remove any encroachment in response to an
emergency condition requiring immediate repair, without the notification of the permittee or
the owner of any encroachment into a CMWD right-of-way. (Ord. 47 § X.15, 2019; Ord. 45 §
X.15, 2009)
2.36.160 Holding CMWD harmless—Insurance.
The applicant for a permit, as a condition to receiving a permit shall sign a statement that he
agrees to indemnify and hold harmless the CMWD and each officer and employee thereof, from
any liability or responsibility for death or injury to persons and loss or damage to property happen-
ing or occurring as a result of the design or performance of any work undertaken under any permit
granted pursuant to the application. The applicant may be required to provide proof of liability in-
surance in an amount set by a resolution of the Board and may be requested to name the CMWD
as an additional insured under the insurance policy. The insurance shall be provided by a com-
pany satisfactory to the Risk Manager. Any deductible or self-insured retention under the insur-
ance policy shall be in amount acceptable to the Risk Manager. (Ord. 47 § X.16, 2019; Ord. 45 §
X.16, 2009)
2.36.170 CMWD not liable for damage to encroachment or encroachment area.
The CMWD shall not be liable for any damages whatsoever to the encroachment facilities or en-
croachment area when the damages are related in any way to the District’s continued use of the
right-of-way, or are as a result of the CMWD’s construction, use, repair, replacement or relocation
of any CMWD facilities within the right-of-way. (Ord. 47 § X.17, 2019; Ord. 45 § X.17, 2009)
2.36.180 Exemptions.
The CMWD and its employees, acting in their official capacity, are exempt from the requirements
set forth in this title. (Ord. 47 § X.18, 2019; Ord. 45 § X.18, 2009)
CMWD-59
Title 3
ENVIRONMENT
Chapters:
3.04 Emergency Water Management
Program
3.08 Recycled Water
3.12 Drought Response
3.04.010
CMWD-61
Chapter 3.04
EMERGENCY WATER MANAGEMENT PROGRAM
Sections:
3.04.010 Declaration of policy.
3.04.020 Findings.
3.04.030 CEQA exemption.
3.04.040 Application.
3.04.050 Authorization.
3.04.060 Water conservation stages.
3.04.070 Use of reclaimed water for greenbelt purposes.
3.04.080 Mandatory conservation phase implementation.
3.04.090 Penalty.
3.04.010 Declaration of policy.
California Water Code Section 375 et seq., permit public entities which supply water at retail to
adopt and enforce a water conservation program to reduce the quantity of water used by the peo-
ple therein for the purpose of conserving the water supplies of such public entity. The Board
hereby establishes a comprehensive water conservation program pursuant to California Water
Code Section 375 et seq., based upon the need to conserve water supplies and to avoid or mini-
mize the effects of any future shortage. (Ord. 30 § 1, 1989)
3.04.020 Findings.
A. The Board finds and determines that a water shortage could exist based upon the occurrence
of one or more of the following conditions:
1. A general water supply shortage due to increased demand or limited supplies.
2. Distribution or storage facilities of San Diego County Water Authority or other agencies
become inadequate.
3. A major failure of the supply, storage and distribution facilities of the Metropolitan Water
District of Southern California, the San Diego County Water Authority, or of the Carlsbad
Municipal Water District occurs.
B. The Board also finds and determines that the conditions prevailing in the San Diego County
area require that the water resources available be put to maximum beneficial use to the ex-
tent to which they are capable, and that the waste or unreasonable use, or unreasonable
method of use, of water be prevented and that the conservation of such water be encouraged
with a view to the maximum reasonable and beneficial use thereof in the interests of the peo-
ple of the Carlsbad Municipal Water District and for the public welfare. (Ord. 30 § 2, 1989)
3.04.030 CEQA exemption.
The Carlsbad Municipal Water District finds that this chapter and actions taken hereafter pursuant
to this chapter are exempt from the California Environmental Quality Act as specific actions nec-
essary to prevent or mitigate an emergency pursuant to Public Resources Code Section
3.04.040
CMWD-62
21080(b)(4) and the California Environmental Quality Act Guidelines Section 15269(c). The Man-
ager of the District is hereby authorized and directed to file a Notice of Exemption as soon as pos-
sible following adoption of the ordinance codified in this chapter. (Ord. 30 § 3, 1989)
3.04.040 Application.
The provisions of this chapter shall apply to all persons, customers, and property served by the
Carlsbad Municipal Water District. (Ord. 30 § 4, 1989)
3.04.050 Authorization.
The Carlsbad Municipal Water District’s General Manager, or a designated representative, is
hereby authorized and directed to implement the provisions of this chapter. (Ord. 30 § 5, 1989)
3.04.060 Water conservation stages.
No customer of the Carlsbad Municipal Water District shall knowingly make, cause, use, or permit
the use of water supplied by the District for residential, commercial, industrial, agricultural, gov-
ernmental, or any other purpose in a manner contrary to any provision of this chapter, in an
amount in excess of the amounts authorized by this chapter, or during any period of time other
than the periods of time specified in this chapter. At no time shall water be wasted or used unrea-
sonably. The following stages shall take effect upon declaration as herein provided:
A. Stage 1—Voluntary Compliance—Water Watch. Stage 1 applies during periods when the
possibility exists that the Carlsbad Municipal Water District will not be able to meet all of the
demands of its customers. During Stage 1, all elements of Stage 2 shall apply on a voluntary
basis only.
B. Stage 2—Mandatory Compliance—Water Alert. Stage 2 applies during periods when the
probability exists that the Carlsbad Municipal water District will not be able to meet all of the
water demands of its customers. During Stage 2, the following water conservation measures
shall apply except when reclaimed water is used:
1. Lawn watering and landscape irrigation, including construction meter irrigation, is permit-
ted only between the hours of 3:00 p.m. and 9:00 a.m. the following morning, except
when reclaimed water is used. Watering is permitted at any time if a hand-held hose
equipped with a positive shut-off nozzle is used, a hand-held faucet-filled bucket of 5
gallons or less is used, or a drip irrigation system is used.
2. Agricultural users and commercial nurseries as defined in the Metropolitan Water District
Code are exempt from Stage 2 irrigation restrictions, but will be required to curtail all
nonessential water use. The watering of livestock and irrigation of propagation beds are
permitted at any time.
3. Washing of autos, trucks, trailers, boats, airplanes, and other types of mobile equipment
is prohibited except on designated irrigation days between the hours of 6:00 p.m. and
6:00 a.m. the following morning, except when reclaimed water is used. Such washing,
when allowed, shall be done with a hand-held bucket, or a hand-held hose equipped
with a positive shut-off nozzle for quick rinses. Washing is permitted at any time on the
immediate premises of a commercial car wash. Further, such washings are exempted
3.04.060
CMWD-63
from these regulations where the health, safety, and welfare of the public is contingent
upon frequent vehicle cleaning such as garbage trucks and vehicles used to transport
food and perishables.
4. Filling or refilling swimming pools, spas, ponds, and artificial lakes is permitted only on
designated irrigation days between the hours of 6:00 p.m. and 6:00 a.m. the following
morning, unless reclaimed water is available and its use permitted.
5. Watering golf courses, parks, school grounds, and recreational fields is permitted only
between the hours of 6:00 p.m. and 6:00 a.m. the following morning, except golf course
greens, unless reclaimed water is available and its use permitted.
6. The use of water from fire hydrants shall be limited to fire fighting and related activities,
for construction activities, or other activities necessary to maintain the health, safety, and
welfare of the public.
7. Water shall not be used to wash down sidewalks, driveways, parking areas, tennis
courts, patios, or other paved areas, except to alleviate immediate f ire or sanitation haz-
ards, unless reclaimed water is available and its use permitted.
8. Restaurants shall not serve water to their customers except when specifically requested.
9. The operation of any ornamental fountain or similar structure is prohibited unless re-
claimed water is available and its use permitted.
C. Stage 3—Mandatory Compliance—Water Warning. Stage 3 applies during periods when the
Carlsbad Municipal Water District will not be able to meet all of the water demands of its cus-
tomers. During Stage 3, the following water conservation measures shall apply except when
reclaimed water is used:
1. Lawn watering and landscape irrigation, including construction meter irrigation, is permit-
ted only on designated irrigation days and only between the hours of 10:00 p.m. and
6:00 a.m. the following morning, except when reclaimed water is used. A “designated ir-
rigation day” is determined by the last digit in the street address. Properties with ad-
dresses ending in an even number may use water on even-numbered days and ad-
dresses ending in an odd number may use water on odd-numbered days.
2. Agricultural users and commercial nurseries shall use water only between the hours of
6:00 p.m. and 6:00 a.m. the following morning, unless reclaimed water is available and
permitted. The watering of livestock and irrigation of propagation beds are permitted at
any time.
3. Washing of autos, trucks, trailers, boats, airplanes, and other types of mobile equipment
is prohibited, except when reclaimed water is used. Washing is permitted at any time on
the immediate premises of a commercial car wash. The use of water by all types of
commercial car washes not using partially reclaimed or recycled water shall be reduced
in volume by 20%. Further, such washings are exempted from these regulations where
the health, safety, and welfare of the public is contingent upon frequent vehicle cleaning
such as garbage trucks and vehicles used to transport food and perishables.
4. Filling or refilling swimming pools, spas, ponds, and artificial lakes is permitted only on
designated irrigation days between the hours of 10:00 p.m. and 6:00 a.m. the following
morning, unless reclaimed water is available and permitted.
3.04.060
CMWD-64
5. Watering golf courses, parks, school grounds, and recreational fields is permitted only
between the hours of 10:00 p.m. and 6:00 a.m. the following morning, except golf course
greens, unless reclaimed water is available and permitted.
6. The use of water from fire hydrants shall be limited to fire fighting and related activities,
or other activities necessary to maintain the health, safety, and welfare of the public.
7. Water shall not be used to wash down sidewalks, driveways, parking areas, tennis
courts, patios, or other paved areas, except to alleviate immediate fire or sanitation haz-
ards, unless reclaimed water is available and permitted.
8. Restaurants shall not serve water to their customers except when specifically requested.
9. The operation of any ornamental fountain or similar structure is prohibited, unless re-
claimed water is available and permitted.
10. New construction meters or permits for unmetered service will not be issued. Construc-
tion water shall not be used for earth work or road construction purposes, unless re-
claimed water is available and permitted.
D. Stage 4—Mandatory Compliance—Water Emergency. Stage 4 applies when a major failure
of any supply or distribution facility, whether temporary or permanent, occurs in the water dis-
tribution system of the State Water Project, Metropolitan Water District, San Diego County
Water Authority, or Carlsbad Municipal Water District facilities. During Stage 4, the following
water conservation measures shall apply except when reclaimed water is used:
1. All outdoor irrigation of vegetation is prohibited, unless reclaimed water is available and
permitted.
2. Use of water for agricultural or commercial nursery purposes, except for livestock water-
ing, is prohibited, unless reclaimed water is available and permitted.
3. Washing of autos, trucks, trailers, boats, airplanes, and other types of mobile equipment
is prohibited, except when reclaimed water is used. Washing is permitted at any time
upon the immediate premises of a commercial car wash. The use of water by all types of
commercial car washes shall be reduced in volume by 50%. Further, such washings are
exempted from these regulations where the health, safety, and welfare of the public is
contingent upon frequent vehicle cleaning such as garbage trucks and vehicles used to
transport food and perishables.
4. Filling, refilling or adding of water to swimming pools, spas, ponds, and artificial lakes is
prohibited, unless reclaimed water is available and permitted.
5. Watering of all golf course areas, except greens, is prohibited, except when reclaimed
water is used. Watering of parks, school grounds, and recreation fields is prohibited
(with the exception of plant materials classified to be rare, exceptionally valuable, or es-
sential to the well being of rare animals), unless reclaimed water is available and permit-
ted.
6. The use of water from fire hydrants shall be limited to fire fighting or related activities
necessary to maintain the health, safety and welfare of the public.
3.04.070
CMWD-65
7. Water shall not be used to wash down sidewalks, driveways, parking areas, tennis
courts, patios, or other paved areas, except to alleviate immediate fire or sanitation haz-
ards, unless reclaimed water is available and permitted.
8. Restaurants shall not serve water to their customers except when specifically requested.
9. The operation of any ornamental fountain or similar structure is prohibited, unless re-
claimed water is available and permitted.
10. New construction meters or permits for unmetered service will not be issued. Construc-
tion water shall not be used for earth work or road construction purposes, except when
reclaimed water is used.
11. The use of water for commercial, manufacturing or processing purposes shall be re-
duced in volume by 50%, except when reclaimed water is used.
12. No water shall be used for air conditioning purposes, unless reclaimed water is available
and permitted. (Ord. 34 § 1, 1990; Ord. 30 § 6, 1989)
3.04.070 Use of reclaimed water for greenbelt purposes.
A. No customer of the District shall make, cause, use, or permit the use of water supplied by the
District for greenbelt uses, including, but not limited to, cemeteries, golf courses, parks, and
highway landscaped areas, when, following notice and a hearing, the District finds that re-
claimed water is available under the following conditions:
1. The reclaimed water is of adequate quality and is available for use;
2. The reclaimed water may be furnished to such areas at a reasonable cost, comparable
to or less than the cost of supplying potable domestic water;
3. The State Department of Health Services has determined that such use would not be
detrimental to public health; and
4. The use of reclaimed water will not adversely affect downstream water rights, will not
degrade water quality.
B. Following such a determination, the District may assist the customer in obtaining any permits
or approvals required for the use of reclaimed water. (Ord. 32 § 2, 1990)
3.04.080 Mandatory conservation phase implementation.
The Carlsbad Municipal Water 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 re-
quired through the implementation and/or termination of particular conservation stages in order for
the Carlsbad Municipal Water District to prudently plan for and supply water to its customers.
Thereafter, the Manager may order that the appropriate stage of water conservation be imple-
mented or terminated in accordance with the applicable provision of this chapter. The declaration
of any stage beyond Stage 1 shall be made by public announcement and notice shall be published
a minimum of 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 of Directors at its next regular meeting. The Board of Direc-
3.04.090
CMWD-66
tors shall thereupon ratify the declaration, rescind the declaration, or direct the declaration of a dif-
ferent stage. (Ord. 30 § 7, 1989)
3.04.090 Penalty.
As provided in Water Code Section 377, any violation of this chapter is a misdemeanor. Upon
conviction thereof such person shall be punished by imprisonment in the County Jail for not more
than 30 days, or by fine not exceeding $1,000.00, or by both. In addition to any other remedies
which the Carlsbad Municipal Water District may have for the enforcement of this chapter, service
of water shall be discontinued or appropriately limited to any customer who willfully uses water in
violation of any provision hereof. (Ord. 30 § 8, 1989)
3.08.010
CMWD-67
Chapter 3.08
RECYCLED WATER
Sections:
3.08.010 Findings.
3.08.020 Water reclamation policy.
3.08.030 Definitions.
3.08.040 Water Reclamation Master Plan.
3.08.050 Procedures.
3.08.060 Regulation of brine discharge to sewage systems.
3.08.070 Sanctions.
3.08.080 Validity.
3.08.010 Findings.
The State policies described in the California Water Code Sections 461, 13550 and 13551 are in
the best interest of the District. The majority of jurisdictions in San Diego County have adopted
measures to promote water reclamation. This chapter is necessary to protect the common water
supply of the region which is vital to public health and safety, and to prevent endangerment of pub-
lic and private property. San Diego County is highly dependent on limited imported water for do-
mestic, agricultural, and industrial uses. The reliability of the supply of imported water is uncertain.
By developing and utilizing recycled water, the need for additional imported water can be reduced.
In light of these circumstances, certain uses of potable water may be considered unreasonable or
to constitute a nuisance where recycled water is available or production of recycled water is un-
duly impaired. Recycled water would be more readily available in seasons of drought when the
supply of potable water for nonessential uses may be uncertain. (Ord. 43 § 1, 2005)
3.08.020 Water reclamation policy.
It is the policy of the District that recycled water shall be used within the jurisdiction wherever it has
determined that its use is economically justified, financially and technically feasible, and consistent
with legal requirements, preservation of public health, safety and welfare, and the environment.
(Ord. 43 § 2, 2005)
3.08.030 Definitions.
The following terms are defined for purposes of this chapter:
AGRICULTURAL PURPOSES: Agricultural purposes include the growing of field and nursery
crops, row crops, trees, and vines and the feeding of fowl and livestock.
ARTIFICIAL LAKES: A human-made lake, pond, lagoon, or other body of water that is used wholly
or partly for landscape, scenic, or noncontact recreational purposes.
COMMERCIAL OFFICE BUILDINGS: Any building for office or commercial uses with water re-
quirements which include, but are not limited to, landscape irrigation, toilets, urinals, and
decorative fountains.
3.08.040
CMWD-68
COVERAGE TEST: The coverage test means a field investigation by a cross-connection control
specialist to verify that there is no overspray, misting, ponding, and runoff occurring when the
irrigation system is in operation, and that proper color coding and signage is in place for the
on-site facilities.
CROSS-CONNECTION TEST: A cross-connection test means to verify that the potable and recy-
cled water supplies are not connected to each other by shutting down the recycled water
supply to the on-site facilities for 24 hours and determining that the on-site facilities do not
become pressurized by the potable water supply at any location. The purpose for the test is
to demonstrate that at the time of the test there are no discoverable cross-connections be-
tween the site’s potable and recycled systems.
GREENBELT AREAS: A greenbelt area includes, but is not limited to, golf courses, cemeteries,
parks, and landscaping.
INDUSTRIAL PROCESS WATER: Water used by any industrial facility with process water re-
quirements which include, but are not limited to, rinsing, washing, cooling and circulation, or
construction, including any facility regulated by the Industrial Waste Discharge Ordinance
regulated by Chapter 13.16 of the Carlsbad Municipal Code.
OFF-SITE FACILITIES: Water facilities from the source of supply to the point of connection with
the on-site facilities, normally up to and including the water meter.
ON-SITE FACILITIES: Water facilities under the control of the owner, normally downstream from
the water meter.
POTABLE WATER: Water which conforms to the Federal, State, and local standards for human
consumption.
RECYCLED WATER: Recycled water means water which, as a result of treatment of wastewater,
is suitable for a direct beneficial use or a controlled use that would not otherwise occur and is
therefore considered a valuable resource. (See California Water Code Section 13050(n).)
RECYCLED WATER DISTRIBUTION SYSTEMS: A piping system intended for the delivery of re-
cycled water separate from and in addition to the potable water distribution system.
WASTE DISCHARGE: Waste discharge means water deposited, released, or discharged into a
sewer system from any commercial, industrial, or residential source which contains levels of
any substance or substances which may cause substantial harm to any water treatment or
reclamation facility or which may prevent any use of recycled water authorized by law. (Ord.
43 § 3, 2005)
3.08.040 Water Reclamation Master Plan.
A. General. Upon adoption of this ordinance, the District shall prepare and adopt by resolution a
Water Reclamation Master Plan to define, encourage, and develop the use of recycled water
within its boundaries. The Master Plan shall be updated not less often than every five years.
B. Contents of the Water Reclamation Master Plan. The Water Reclamation Master Plan (Mas-
ter Plan) will include the following:
3.08.050
CMWD-69
1. Plants and Facilities. Evaluation of the location and size of present and future reclama-
tion treatment plants, distribution pipelines, pump stations, reservoirs, and other related
facilities, including cost estimates and potential financing methods.
2. Recycled Water Service Areas. A designation of the lands within the District service area
that can or may in the future use recycled water in lieu of potable water. Recycled water
uses may include, but are not limited to, the irrigation of greenbelt and agricultural areas,
filling of artificial lakes, and appropriate industrial and commercial uses.
3. Quality of Water to Be Reclaimed. For each water reclamation treatment facility, an
evaluation of water quality with respect to the effect on anticipated uses of recycled wa-
ter to be served by each treatment facility.
4. Water Quality Protection Measures. Recommend control measures and management
practices to maintain or improve the quality of recycled water.
5. Mandatory Recycled Water Use. Within the recycled water service area, a description
shall be prepared of where greenbelt irrigation, agricultural irrigation, commercial office
buildings, filling of artificial lakes, or industrial processes can be limited to the use of re-
cycled water. This information shall be used by District officials to mandate construction
of recycled water distribution systems or other facilities in new and existing develop-
ments for current or future recycled water use as a condition of any development ap-
proval or continued water service if future reclamation facilities are proposed in the Mas-
ter Plan that could adequately serve the development.
6. Rules and Regulations for Recycled Water Use. Establish by resolution, general rules
and regulations governing the use and distribution of recycled water.
7. Coordination Among Agencies for Recycled Water Use. An examination shall be made
of the potential for initiating a coordinated effort between the Carlsbad Municipal Water
District and other regional agencies to share in the production and utilization of recycled
water. (Ord. 43 § 4, 2005)
3.08.050 Procedures.
A. Existing Potable Water Service.
1. Preliminary Determination. Based upon the Master Plan, and upon the designation of
each recycled water service area or the commencement of the design of new recycled
water facilities, the District shall make preliminary determinations as to which existing
potable water customers shall be converted to the use of recycled water. Each water
customer shall be notified of the basis for a determination that conversion to recycled
water service will be required, as well as the proposed conditions and of the need for a
plan of implementation for such conversion.
2. Notice. The notice of the preliminary determination, including the proposed conditions
and time schedule for compliance, shall be sent to the water customer by certified mail.
3. Implementation.
3.08.050
CMWD-70
a. The water customer shall be required to submit a plan of implementation to the
Carlsbad Municipal Water District’s Executive Manager or designee within 90 days
after receipt of the notice of preliminary determination.
b. The plan of implementation shall describe in detail how the water customer intends
to retrofit the water facilities to use recycled water in accordance with all Federal,
State, and local laws and public health guidelines. The District shall provide the wa-
ter customer upon request a copy of its “Rules and Regulations for Recycled Water
Use” to be a reference for water customer’s in preparing the required plan of im-
plementation for their on-site facilities. All costs for preparation of the plan of im-
plementation are the responsibility of the water customer. Carlsbad Municipal Wa-
ter District’s Executive Manager or designee shall have the authority to approve the
water customer’s plan of implementation within 30 days after it is submitted to the
District. As an option, the District will prepare the “plan of implementation” at the
District’s cost for the water customer, provided the water customer signs an ac-
knowledgement to install and accept the proposed improvements shown on the
District approved plan of implementation.
c. Once approved, the plan of implementation must be implemented within 6 months
by the water customer including completion of all coverage and cross connection
tests and payment of any plan check and inspection fees if applicable. All costs for
implementation of the improvements on the plan of implementation are the respon-
sibility of the water customer. If more than 6 months is required for the implementa-
tion, an appeal may be made for additional time to the Carlsbad Municipal Water
District’s Board of Directors by submitting such appeal in writing to the Executive
Manager of the District.
4. Objections—Appeals. The water customer may file a notice of objection with the District
within 30 days after any notice of determination to comply is delivered or mailed to the
customer, and may request reconsideration of the determination or modification of the
proposed conditions or schedule for conversion. The objection must be in writing and
specify the reasons for the objection. The preliminary determination shall be final if the
customer does not file a timely objection. The Executive Manager or designee shall re-
view the objection with the objector, and shall confirm, modify, or abandon the prelimi-
nary determination, or submit the objection to the District’s Board of Directors. The
Board, at its sole discretion may confirm, modify, or abandon the preliminary determina-
tion or establish an alternative program intended to facilitate the orderly development of
the recycled water system.
B. New Development and Water Service Approvals.
1. Conditions. Upon application by a developer, owner or water customer (herein referred
to as “applicant”) for a tentative map, subdivision map, land use permit, or other devel-
opment project as defined by Government Code Section 65928, staff shall review the
Master Plan and make a preliminary determination whether the current or proposed use
of the subject property is required to be served with recycled water or to include facilities
designed to accommodate the use of recycled water in the future. Based upon such de-
termination, use of recycled water and provision of recycled water distribution systems
3.08.050
CMWD-71
or other facilities for the use of recycled water, and such use may be required as a con-
dition of approval of any such application, in addition to any other conditions of approval.
2. Alterations and Remodeling. On a case-by-case basis, upon application for a permit for
the alteration or remodeling of multifamily, commercial, or industrial structures (including,
for example, hotels), staff shall review the Master Plan and make a preliminary determi-
nation whether the subject property shall be required to be served with recycled water or
to include facilities designed to accommodate the use of recycled water in the future.
Based upon such determination, use of recycled water and provision of recycled water
distribution systems or other facilities for the use of recycled water, and application for a
permit for such use, may be required as a condition of approval of the application.
3. Notice of Determination. A notice of the basis for the preliminary determination, pro-
posed conditions of approval and schedule for compliance shall be provided to the ap-
plicant prior to approval of the development application.
4. Requested Service. On a case-by-case basis, to use recycled water on a property not
covered by subsection (A)(1), (B)(1), or (B)(2), the District shall review the Master Plan
and make a determination whether the subject property shall be served with recycled
water. Based upon such determination, a written Notice of Determination will be pro-
vided to the water customer by the District.
5. Plan Approval. Plans for the recycled and non-recycled water distribution systems for
the parcel shall be reviewed and approved by the District before on-site facilities are
constructed. A recycled water number will be assigned by the District and this number
shall be placed on the plans for record purposes.
6. Field Inspection. Prior to the use of recycled water, the District will perform a coverage
test and cross-connection test of the constructed on-site facilities to verify that they are
in compliance with the approved plan and meet all California State Department of Health
Services requirements for use of recycled water. Upon approval of the coverage test, the
water customer will be required to fill out a Notice of Appointment of Site Supervisor
form, and will be provided Rules and Regulations for Recycled Water Use. The water
customer’s site supervisor will also be required to attend the San Diego County Water
Authority’s training class on use and handling of recycled water, or other approved train-
ing class. The coverage test will take place after the recycled water meter is installed.
The District and the City of Carlsbad has no required fees for this work but the water
customer is responsible for paying San Diego County Department of Environmental
Health applicable fees associated with this work.
C. Temporary Use of Potable Water. At the discretion of the Executive Manager or designee,
potable water may be made available on a temporary basis until recycled water is available.
Before the applicant receives temporary potable water, the on-site facilities must be con-
structed in accordance with the plan of implementation and field inspected by the staff for
new on-site distribution facilities. Prior to commencement of recycled water service, a cover-
age and cross-connection test of the on-site facilities will be conducted to verify that the facili-
ties have been maintained and are in compliance with the recycled water irrigation system
Plan of Implementation and current requirements for service. Upon verification of compliance,
recycled water shall be served to the parcel for the intended use. The District shall provide
3.08.060
CMWD-72
written notice if the facilities are not in compliance, and the applicant shall be notified of the
corrective actions necessary and shall have 60 days to take such actions prior to initiation of
enforcement proceedings. The water customer will be required to fill out the form described in
subsection (B)(6), and the site supervisor will be required to attend the San Diego County
Water Authority’s class on use and handling of recycled water or other approved training
class.
D. Recycled Water Rate. The rate charged for reclaimed water shall be established by resolution
of the Board of Directors. (Ord. 43 § 5, 2005)
3.08.060 Regulation of brine discharge to sewage systems.
A. Intent. The Carlsbad Municipal Water District recognizes that to maintain adequate wastewa-
ter quality for water reclamation treatment processes, and to protect public and private prop-
erty, restrictions may be required on certain industrial, commercial, and residential waste dis-
charges to a sewerage system that is located within a designated tributary area of an existing
or planned reclamation facility.
B. Adopted Tributary Protection Measures. Waste discharges to the sewage system from any
industrial, commercial, or residential source, may be restricted or prohibited upon a finding,
following a noticed public hearing, that the type or class of discharge involved is capable of
causing or may cause substantial damage or harm to any sewage treatment or reclamation
facility or to any significant user or users or potential user or users of reclaimed water within
an area which has been planned for reclaimed water services. (Ord. 43 § 6, 2005)
3.08.070 Sanctions.
A. Public. Discharge by any person or entity of wastes or the use of recycled water in any man-
ner in violation of this chapter or of any permit issued hereunder is subject to prosecution for
a misdemeanor.
B. Injunction. Whenever a discharge of wastes or use of recycled water is in violation or threat-
ens to cause a violation of this chapter, the District’s attorney may seek injunctive relief as
may be appropriate to enjoin such discharge or use.
C. Revocation. In addition to any other statute or rule authorizing termination of water service,
the District may revoke the use of recycled water if a violation of any provision of this chapter
is found to exist or if a discharge of wastes or use of recycled water causes or threatens to
cause violation of this chapter.
D. Penalty. Except as provided in subsection A, any owner and/or operator who violates this
chapter shall be subject to:
1 A fine not exceeding $100.00 for the first violation;
2. A fine not exceeding $200.00 for the second violation within one year;
3. A fine not exceeding $500.00 for the third violation within one year;
4. A fine not exceeding $1,000.00 for the fourth and each additional violation within one
year.
3.08.080
CMWD-73
Each and every day during any portion of which any violation of this chapter is committed, contin-
ued, or permitted shall be a separate offense. In addition, potable water service to the property
may be discontinued. (Ord. 43 § 7, 2005)
3.08.080 Validity.
If any provision of this chapter or the application thereof to any person or circumstance is held in-
valid, the remainder of the chapter and the application of such provisions to other persons or cir-
cumstances shall not be affected thereby. (Ord. 43 § 8, 2005)
Chapter 3.12
DROUGHT RESPONSE
Sections:
3.12.010 Declaration of necessity and intent.
3.12.020 Definitions.
3.12.030 Water waste prohibitions.
3.12.040 Application.
3.12.050 Authorization.
3.12.060 Drought Response Level 1.
3.12.070 Drought Response Level 2.
3.12.080 Drought Response Level 3.
3.12.090 Drought Response Level 4.
3.12.100 Drought Response Level 5.
3.12.110 Drought Response Level 6.
3.12.120 Correlation between Drought Management Plan and drought response levels.
3.12.130 Procedures for determination and notification of each drought response level.
3.12.140 Hardship variance.
3.12.150 Violations and penalties.
3.12.010 Declaration of necessity and intent.
A. This chapter establishes water management requirements necessary to accomplish the
following:
1. conserve water;
2. enable effective water supply planning;
3. assure reasonable and beneficial use of water;
4. prevent waste of water;
5. prevent unreasonable use of water;
6. prevent unreasonable method of use of water within the CMWD in order to assure
adequate supplies of water to meet the needs of the public; and
7. further the public health, safety, and welfare, recognizing that water is a scarce natural
resource that requires careful management not only in times of drought, but at all times.
B. This chapter establishes regulations to be implemented during times of declared water
shortages, or declared water shortage emergencies. It establishes 6 levels of drought
response actions to be implemented in times of shortage, with increasing restrictions on water
use in response to worsening drought conditions and decreasing available supplies.
C. Level 1 condition drought response measures are voluntary and will be reinforced through
local and regional public education and awareness measures that may be funded in part by,
CMWD.
D. During drought response condition Levels 2 through 6, all conservation measures and water-
use restrictions are mandatory and become increasingly restrictive to attain escalating
conservation goals.
E. During a drought response condition Level 2 or higher, the water conservation measures and
water use restrictions established by this chapter are mandatory and violations are subject to
criminal, civil, and administrative penalties and remedies specified in this chapter and as
provided in this code. (Ord. 48 § 1; 2022; Ord. 44 § 1, 2009)
3.12.020 Definitions.
The following words and phrases whenever used in this chapter shall have the meaning defined in
this section:
“District” or “CMWD” means the Carlsbad Municipal Water District.
“Grower” refers to those engaged in the growing or raising, in conformity with recognized practices
of husbandry, for the purpose of commerce, trade, or industry, or for use by public educational
or correctional institutions, of agricultural, horticultural, or floricultural products, and produced:
(1) for human consumption or for the market; or (2) for the feeding of fowl or livestock produced
for human consumption or for the market; or (3) for the feeding of fowl or livestock for the
purpose of obtaining their products for human consumption or for the market. “Grower” does
not refer to customers who purchase water subject to the Metropolitan Interim Agricultural
Water Program or the Water Authority Special Agricultural Rate programs.
“Metropolitan” or “MWD” means the Metropolitan Water District of Southern California.
“Person” means any natural person, corporation, public or private entity, public or private
association, public or private agency, government agency or institution, school district, college,
university, or any other user of water provided by the CMWD.
“Water Authority” or “CWA” means the San Diego County Water Authority.
“WSCP” means the Water Authority’s Water Shortage Contingency Plan or CMWD’s Water
Shortage Contingency Plan, as specified, in existence on the effective date of this ordinance
and as readopted or amended from time to time, or an equivalent plan of the Water Authority
to manage or allocate supplies during shortages. (Ord. 48 § 2, 2022; Ord. 44 § 2, 2009)
3.12.030 Water waste prohibitions.
The following water conservation measures will be in effect at all times:
A. Stop washing down paved surfaces, including, but not limited to, sidewalks, driveways, parking
lots, tennis courts, or patios except when it is necessary to alleviate safety or sanitation
hazards.
B. Stop water waste resulting from inefficient landscape irrigation, such as runoff, low head
drainage, or overspray, etc. Similarly, stop water flows onto non-targeted areas, such as
adjacent property, non-irrigated areas, hardscapes, roadways, or structures.
C. Use a hand-held hose equipped with a positive shut-off nozzle or bucket to water landscaped
areas, including trees and shrubs located on residential and commercial properties that are
not irrigated by a landscape irrigation system.
D. Use re-circulated water to operate ornamental fountains.
E. Wash vehicles using a bucket and a hand-held hose with positive shut-off nozzle, mobile high
pressure/low volume wash system, or at a commercial site that re-circulates (reclaims) water
on-site. Avoid washing during hot conditions when additional water is required to due to
evaporation.
F. Serve and refill water in restaurants, bars, and other food service establishments only upon
request.
G. Offer guests in hotels, motels, and other commercial lodging establishments the option of not
laundering towels and linens daily.
H. Use recycled or non-potable water for construction purposes when available and economically
feasible. (Ord. 48 § 3; 2022; Ord. 44 § 3, 2009)
3.12.040 Application.
A. The provisions of this chapter apply to any person in the use of any water provided by the
CMWD.
B. This chapter is intended solely to further the conservation of water. It is not intended to
implement any provision of federal, state, or local statutes, ordinances, or regulations relating
to protection of water quality or control of drainage or runoff. Please refer to the City of
Carlsbad or the Regional Water Quality Control Board for information on any stormwater
ordinances and stormwater management plans.
C. Nothing in this chapter is intended to affect or limit the ability of the CMWD to declare and
respond to an emergency, including an emergency that affects the ability of the CMWD to
supply water.
D. The provisions of this chapter do not apply to use of water from private wells or to recycled
water.
E. Nothing in this chapter shall apply to use of water that is subject to a special supply program,
such as the Water Authority’s Special Agricultural Water Rate Program. Violations of the
conditions of special supply programs are subject to the penalties established under the
applicable program. A person using water subject to a special supply program and other water
provided by the CMWD is subject to this chapter in the use of the other water. (Ord. 48 § 4,
2022; Ord. 44 § 4, 2009)
3.12.050 Authorization.
The CMWD General Manager, or a designated representative, is hereby authorized and directed
to implement the provisions of this chapter. (Ord. 48 § 5, 2022; Ord. 44 § 5, 2009)
3.12.060 Drought Response Level 1.
A. Drought Response Level 1 applies when the Water Authority notifies its member agencies, or
the Executive Manager, upon recommendation of the General Manager, otherwise declares,
that, due to drought or other supply reductions, there is a reasonable probability there will be
supply shortages and that a consumer demand reduction of up to 10% is required in order to
have sufficient supplies available to meet anticipated demands. The Executive Manager, upon
recommendation of the General Manager, shall declare the existence of a Drought Response
Level 1 and take action to implement the Level 1 conservation practices identified in this
chapter.
B. During a Drought Response Level 1 condition, CMWD will increase its public education and
outreach efforts to emphasize increased public awareness of the need to implement the
following water conservation practices. The same water conservation practices become
mandatory if CMWD declares a Level 2 Drought Condition:
1. Irrigate residential and commercial landscape before 10:00 a.m. and after 6:00 p.m. only.
Watering is permitted at any time when a drip/micro-irrigation system/equipment is used.
2. Irrigate nursery and commercial grower’s products before 10:00 a.m. and after 6:00 p.m.
only. Watering is permitted at any time with a hand-held hose equipped with a positive
shut-off nozzle, a bucket, or when a drip/micro-irrigation system/equipment is used.
Irrigation of nursery propagation beds is permitted at any time. Watering of livestock is
permitted at any time.
3. Repair all water leaks within five days of notification by the CMWD unless other written
arrangements are made with the General Manager or designee.
C. During a Drought Response Level 2 condition or higher, all persons shall be required to
implement the conservation practices established in Drought Response Level 1 condition.
(Ord. 48 § 6, 2022; Ord. 44 § 6, 2009)
3.12.070 Drought Response Level 2.
A. A Drought Response Level 2 applies when the Water Authority notifies its member agencies,
or the CMWD Board of Directors otherwise declares that due to cutbacks caused by drought
or other reduction in supplies, a consumer demand reduction of up to 20% is required in order
to have sufficient supplies available to meet anticipated demands. The CMWD Board of
Directors shall declare the existence of a Drought Response Level 2 condition and implement
the mandatory Level 2 conservation measures identified in this chapter.
B. All persons using CMWD water shall comply with Level 1 water conservation practices during
a Drought Response Level 2 condition, and shall also comply with the following additional
conservation measures:
1. Limit residential and commercial landscape irrigation to no more than three assigned days
per week on a schedule established by the General Manager and posted by the CMWD.
This subsection shall not apply to commercial growers and nurseries.
2. Limit lawn watering and landscape irrigation using sprinklers to no more than 10 minutes
per watering station per assigned day. This provision does not apply to landscape
irrigation systems using water efficient devices, including, but not limited to: weather-
based controllers, drip/micro-irrigation systems, and stream rotor sprinklers.
3. Water landscaped areas, including trees and shrubs located on residential and
commercial properties, and not irrigated by a landscape irrigation system governed by
Section 3.12.060(B)(1), on the same schedule set forth in Section 3.12.060(B)(1) by using
a bucket, hand-held hose with positive shut-off nozzle, or low-volume non-spray irrigation.
4. Repair all leaks within 72 hours of notification by the CMWD unless other written
arrangements are made with the General Manager or designee.
5. Stop operating ornamental fountains or similar decorative water features unless re-
circulated water is used. (Ord. 48 § 7, 2022; Ord. 46 § 2, 2009; Ord. 44 § 7, 2009)
3.12.080 Drought Response Level 3.
A. A Drought Response Level 3 condition applies when the Water Authority notifies its member
agencies, or the CMWD Board of Directors otherwise declares, that due to increasing cutbacks
caused by drought or other reduction of supplies, a consumer demand reduction of up to 30%
is required in order to have sufficient supplies available to meet anticipated demands. The
CMWD Board of Directors shall declare the existence of a Drought Response Level 3 condition
and implement the Level 3 conservation measures identified in this chapter.
B. All persons using CMWD water shall comply with Level 1 and Level 2 water conservation
practices during a Drought Response Level 3 condition and shall also comply with the following
additional mandatory conservation measures:
1. Limit residential and commercial landscape irrigation to no more than two assigned days
per week on a schedule established by the General Manager and posted by the CMWD.
This subsection shall not apply to commercial growers or nurseries.
2. Water-landscaped areas, including trees and shrubs located on residential and
commercial properties, and not irrigated by a landscape irrigation system governed by
Section 3.12.070(B)(2), on the same schedule set forth in Section 3.12.070(B)(1) by using
a bucket, hand-held hose with a positive shut-off nozzle, or low-volume non-spray
irrigation.
3. Stop washing vehicles except at commercial carwashes that re-circulate water, or by high
pressure/low volume wash systems.
4. Repair all leaks within 48 hours of notification by the CMWD unless other written
arrangements are made with the General Manager or designee.
C. Upon the declaration of a Drought Response Level 3 condition, the CMWD will suspend
consideration of annexations to its service area.
D. The CMWD Board of Directors may establish a water allocation for property served by the
CMWD using a method that does not penalize persons for the implementation of conservation
methods or the installation of water saving devices. If the CMWD Board of Directors
establishes a water allocation it shall provide notice of the allocation by including it in the
regular billing statement for the fee or charge or by any other mailing to the address to which
the CMWD customarily mails the billing statement for fees or charges for on-going water
service. Following the effective date of the water allocation as established by the CMWD Board
of Directors, any person that uses water in excess of the allocation shall be subject to a penalty
in the amount equal to the penalty rate established by the Metropolitan Water District of
Southern California for each billing unit of water in excess of the allocation. The penalty for
excess water usage shall be cumulative to any other remedy or penalty that may be imposed
for violation of this chapter. (Ord. 48 § 8, 2022; Ord. 46 § 2, 2009; Ord. 44 § 8, 2009)
3.12.090 Drought Response Level 4.
A. A Drought Response Level 4 condition applies when the Water Authority notifies its member
agencies or the CMWD Board of Directors otherwise declares, that due to increasing cutbacks
caused by drought or other reduction of supplies, a consumer demand reduction of up to 40%
is required in order to have sufficient supplies available to meet anticipated demands. The
CMWD Board of Directors shall declare the existence of a Drought Response Level 4 condition
and implement the Level 4 conservation measures identified in this chapter.
B. All persons using CMWD water shall comply with Level 1, Level 2, and Level 3 water
conservation practices during a Drought Response Level 4 condition and shall also comply
with the following additional mandatory conservation measures:
1. Stop filling or re-filling lakes or ponds, except to the extent needed to sustain aquatic life,
provided that such animals are of significant value and have been actively managed
within the water feature prior to the declaration of a drought response level under this
ordinance. (Ord. 48 § 9, 2022; Ord. 44 § 9, 2009)
3.12.100 Drought Response Level 5.
A. A Drought Response Level 5 condition applies when the Water Authority notifies its member
agencies, or the CMWD Board of Directors otherwise declares, that due to increasing cutbacks
caused by drought or other reduction of supplies, a consumer demand reduction of up to 50%
is required in order to have sufficient supplies available to meet anticipated demands. The
CMWD Board of Directors shall declare the existence of a Drought Response Level 5 condition
and implement the Level 5 conservation measures identified in this ordinance.
B. All persons using CMWD water shall comply with conservation measures required during
Level 1, Level 2, Level 3, and Level 4 conditions and shall also comply with the following
additional mandatory conservation measures:
1. Stop all landscape irrigation, except crops and landscape products of commercial growers
and nurseries. This restriction shall not apply to the following categories of use unless the
CMWD has determined that recycled water is available and may be lawfully applied to
the use.
a. Maintenance of trees and shrubs that are watered on the same schedule set forth
in section 3.12.080(B)(1) by using a bucket, hand-held hose with a positive shut-off
nozzle, or low-volume non-spray irrigation;
b. Maintenance of existing landscaping necessary for fire protection as specified by
the Fire Marshal of the local fire protection agency having jurisdiction over the
property to be irrigated;
c. Maintenance of existing landscaping for erosion control;
d. Maintenance of plant materials identified to be rare or essential to the wellbeing of
rare animals;
e. Maintenance of landscaping within active public parks and playing fields, day care
centers, schools’ grounds, cemeteries, and golf course greens, provided that such
irrigation does not exceed 2 days per week according to the schedule established under
section 3.12.080(B)(1)
f. Watering of livestock; and
g. Public works projects and actively irrigated environmental mitigation projects.
2. Repair all water leaks within 24 hours of notification by the CMWD unless other
arrangements are made with the General Manager or designee.
C. The CMWD Board of Directors may establish a water allocation for property served by the
CMWD. If the CMWD Board of Directors establishes a water allocation it shall provide notice
of the allocation by including it in the regular billing statement for the fee or charge or by any
other mailing to the address to which the CMWD customarily mails the billing statement for
fees or charges for on-going water service. Following the effective date of the water allocation
as established by the CMWD Board of Directors, any person that uses water in excess of the
allocation shall be subject to a penalty in the amount equal to the penalty rate established by
the Metropolitan Water District of Southern California for each billing unit of water in excess of
the allocation. The penalty for excess water usage shall be cumulative to any other remedy or
penalty that may be imposed for violation of this ordinance.
D. Upon the declaration of a Drought Response Level 5 condition, no new potable water service
shall be provided, no new temporary meters or permanent meters shall be provided, and no
statements of immediate ability to service or provide potable water service (such as, will serve
letters, certificates, or letters of availability) shall be issued, except under the following
circumstances:
1. A valid, unexpired building permit has been issued for the project;
2. The project is necessary to protect the public’s health, safety, and welfare; or
3. The applicant provides substantial evidence of an enforceable commitment that water
demands for the project will be offset prior to the provision of a new water meter(s) to the
satisfaction of CMWD.
Nothing in this section shall be construed to preclude the resetting or turn-on of meters to provide
continuation of water service or to restore service that has been interrupted for a period of one
year or less. (Ord. 48 § 10, 2022)
3.12.110 Drought Response Level 6
A. A Drought Response Level 6 condition applies when the Water Authority, or the CMWD Board
of Directors, declares a water shortage emergency pursuant to California Water Code Section
350 and that Level 6 requires a demand reduction of more than 50% in order for the CMWD
to have maximum supplies available to meet anticipated demands. The CMWD shall declare
the existence of a Drought Emergency in the manner and on the grounds provided in California
Water Code Section 350.
B. All persons using CMWD water shall comply with conservation measures required during
Level 1, Level 2, Level 3, Level 4, and Level 5 conditions and shall also comply with the
following additional mandatory conservation measures:
1. Stop all landscape irrigation, except crops and landscape products of commercial growers
and nurseries. This restriction shall not apply to the following categories of use unless the
CMWD has determined that recycled water is available and may be lawfully applied to
the use.
a. Maintenance of existing landscaping necessary for fire protection as specified by
the Fire Marshal of the local fire protection agency having jurisdiction over the
property to be irrigated;
b. Maintenance of existing landscaping for erosion control;
c. Maintenance of plant materials identified to be rare or essential to the well-being of
rare animals;
d. Watering of livestock; and
e. Public works projects and actively irrigated environmental mitigation projects. (Ord
48 § 11, 2022)
3.12.120 Correlation between Drought Management Plan and drought response levels.
A. The correlation between the Water Authority’s WSCP shortage levels and the CMWD’s drought
response levels identified in this chapter is described in this Section. Under WSCP Shortage
Level 1, the CMWD would implement Drought Response Level 1 actions. Under WSCP
Shortage Level 2, the CMWD would implement Drought Response Level 1 and Level 2 actions.
Under WSCP Shortage Level 3, the CMWD would implement Drought Response Level 1,
Level 2 and Level 3 actions. Under WSCP Shortage Level 4, the CMWD would implement
Drought Response Level 1, Level 2, Level 3, and Level 4 actions. Under WSCP Shortage
Level 5, the CMWD would implement Drought Response Level 1, Level 2, Level 3, Level 4,
and Level 5 actions. Under WSCP Shortage Level 6, the CMWD would implement Drought
Response Level 1, Level 2, Level 3, Level 4, Level 5 and Level 6 actions.
B. The drought response levels identified in this chapter correspond with the Water Authority
WSCP as identified in the following table:
Drought
Response/WSCP
Shortage Levels
Use Restrictions Conservation Target
1 Voluntary Up to 10%
2 Mandatory Up to 20%
3 Mandatory Up to 30%
4 Mandatory Up to 40%
5 Mandatory Up to 50%
6 Mandatory Above 50%
(Ord. 48 § 12, 2022; Ord. 44 § 10, 2009)
3.12.130 Procedures for determination and notification of each drought response level.
A. The existence of a Drought Response Level 1 may be declared by the Executive Manager
upon a written determination of the existence of the facts and circumstances supporting the
determination. A copy of the written determination shall be filed with the Secretary of the
CMWD and provided to the CMWD Board of Directors. The CMWD may publish a notice of
the determination of existence of Drought Response Level 1 condition in one or more
newspapers, including a newspaper of general circulation within the CMWD. The CMWD may
also post notice of the condition on their website.
B. The existence of Drought Response Level 2, Level 3, Level 4 or Level 5 conditions may be
declared by resolution of the CMWD Board of Directors adopted at a regular or special public
meeting held in accordance with state law. The mandatory conservation measures applicable
to Drought Response Level 2, Level 3, Level 4 or Level 5 conditions shall take effect on the
tenth day after the date the response level is declared. Within 5 days following the declaration
of the response level, the CMWD shall publish a copy of the resolution in a newspaper of
general circulation used for publication of official notices. If the CMWD establishes a water
allocation, it shall provide notice of the allocation by including it in the regular billing statement
for the fee or charge or by any other mailing to the address to which the CMWD customarily
mails the billing statement for fees or charges for on-going water service. Water allocation
shall be effective of the 5th day following the date of mailing or at such later date as specified
in the notice.
C. The existence of a Drought Response Level 6 condition may be declared in accordance with
the procedures specified in California Water Code Sections 351 and 352. The mandatory
conservation measures applicable to Drought Response Level 6 conditions shall take effect
on the tenth day after the date the response level is declared. Within 5 days following the
declaration of the response level, the CMWD shall publish a copy of the resolution in a
newspaper of general circulation used for publication of official notices.
D. The CMWD Board of Directors may declare an end to a drought response level by the adoption
of a resolution at any regular or special meeting held in accordance with state law. (Ord. 48 §
13, 2022; Ord. 44 § 11, 2009)
3.12.140 Hardship variance.
A. If, due to unique circumstances, a specific requirement of this chapter would result in undue
hardship to a person using agency water or to property upon which agency water is used, that
is disproportionate to the impacts to CMWD water users generally or to similar property or
classes of water uses, then the person may apply for a variance to the requirements as
provided in this section.
B. The variance may be granted or conditionally granted, only upon a written finding of the
existence of facts demonstrating an undue hardship to a person using agency water or to
property upon which agency water is used, that is disproportionate to the impacts to CMWD
water users generally or to similar property or classes of water use due to specific and unique
circumstances of the user or the user’s property. Hardship variances shall also be subject to
the following requirements:
1. Application. Application for a variance shall be on a form prescribed by the CMWD
General Manager and shall be accompanied by a non-refundable processing fee in an
amount set by resolution of the CMWD Board of Directors.
2. Supporting Documentation. The application shall be accompanied by photographs, maps,
drawings, and other information, including a written statement of the applicant.
3. Required Findings for Variance. An application for a variance shall be denied unless the
General Manager finds, based on the information provided in the application, supporting
documents, or such additional information as may be requested, and on water use
information for the property as shown by the records of the CMWD, all of the following:
a. That the variance does not constitute a grant of special privilege inconsistent with
the limitations upon other CMWD customers.
b. That because of special circumstances applicable to the person, property or its use,
the strict application of this chapter would have a disproportionate impact on the
person, property or use that exceeds the impacts to customers generally.
c. That the authorizing of such variance will not be of substantial detriment to adjacent
properties, and will not materially affect the ability of the CMWD to effectuate the
purpose of this chapter and will not be detrimental to the public interest.
d. That the condition or situation of the subject person, property or the intended use of
the property for which the variance is sought is not common, recurrent or general in
nature.
4. Approval Authority. The General Manager or designee shall exercise approval authority
and act upon any completed application no later than 10 calendar days after submittal.
The General Manager or designee may approve, conditionally approve, or deny the
variance. The applicant requesting the variance shall be promptly notified in writing of the
action taken in response to the application. Unless otherwise specified at the time a
variance is approved, the variance applies to the subject property during the term of the
mandatory drought response level.
5. Appeals to CMWD Executive Manager or designee(s). An applicant may appeal a
decision or condition of the General Manager on a variance application to the CMWD
Executive Manager or designee(s). An appeal requesting a hearing may only be filed
within 10 calendar days of the date of the General Manager’s written decision. The
request shall state the grounds for the appeal. At the appeal hearing, the CMWD
Executive Manager or designee(s) shall act as the approval authority and review the
appeal de novo by applying the regular variance requirements described in Section
3.12.140(A) and (B)(1)-(4). The decision of the CMWD Executive Manager or designee(s)
is final. (Ord. 48 § 14, 2022; Ord. 44 § 12, 2009)
3.12.150 Violations and penalties.
A. Any person, who uses, causes to be used, or permits the use of water in violation of this
chapter is guilty of an offense punishable as provided in this section.
B. Each day that a violation of this chapter occurs is a separate offense.
C. Administrative fines may be levied for each violation of a provision of this chapter as follows:
1. For the first violation by any customer of any of the provisions of this ordinance the CMWD
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 the
CMWD shall issue a written notice of the fact of such violation to the customer.
3. For a third violation by a customer of any provision of this chapter the CMWD may install
a flow-restricting device of one gallon per minute (1 GPM) capacity for services of up to
one and one-half inch (1-1/2") size. CMWD may also install a restricting device of
comparatively sized restrictors for larger services upon a prior determination that the
customer has repeatedly violated the provisions of this chapter regarding the
conservation of water and that such action is reasonably necessary to assure compliance
with this chapter regarding the conservation of water. In addition, the CMWD may levy an
administrative fine of one hundred dollars for a third violation of this chapter.
4. Two hundred dollars for a fourth violation of any provision of this chapter within one year.
5. Five hundred dollars for each additional violation of this chapter within one year.
D. If determined by the CMWD’s General Counsel to be necessary and appropriate, in lieu of
administrative remedies above, each violation of this chapter may be prosecuted as a
misdemeanor punishable by imprisonment in the county jail for not more than thirty days or by
a fine not exceeding $1,000, or by both as provided in Water Code section 377.
E. Willful violations of the mandatory conservation measures and water use restrictions as set
forth in Section 3.12.110 and applicable during a Drought Response Level 6 condition may be
enforced by discontinuing service to the property at which the violation occurs as provided by
Water Code section 356.
F. All remedies provided for in this Section shall be cumulative and not exclusive.
G. Any customer against whom a penalty is levied pursuant to this section shall have the right to
appeal as follows:
1. The request must be in writing and received by the General Manager within ten (10)
calendar days of the postmark mailing of the notice of the action to the customer. Any
determination not timely appealed shall be final. The written request shall include:
a. A description of the issue,
b. Evidence supporting the claim, and
c. A request for resolution of the dispute.
The General Manager will review the material submitted and make an independent
determination of the issue, which shall be mailed out within fifteen (15) calendar days of
receipt of the appeal.
2. The General Manager's determination may be appealed in writing within ten (10) calendar
days of the postmark mailing of the notice of determination to the Board of Directors of
the CMWD by filing with the Secretary of the CMWD a written notice of such appeal. The
Secretary shall set the matter for a hearing before the Board of Directors at an upcoming
Board meeting. Notice of the hearing shall be mailed out to the person appealing the
decision at least ten calendar days before the date of the appeal hearing. The Board may,
in its discretion, affirm, reverse or modify the determination.
3. Fees for filing an appeal under this section shall be established by a resolution of the
Board of Directors of the CMWD. (Ord. 48 § 15, 2022; Ord. 44 § 130, 2009)
ORD-1
CMWD ORDINANCE LIST
Ord.
No. Description
Adoption
Date
1 Providing for the calling and holding of regular and special meetings of the
board of directors, determining the time and place, how records to be kept,
establishing rules and regulations, and prescribing the official seal (1.08)
3/24/54
2 Changing regular meeting date to the second Thursday of each month at 7:30
p.m. (1.08)
9/2/54
3 Amending § 1 of Ord. No. 1, changing the regular meeting date to the first
Thursday of each month at 7:30 p.m. (1.08)
10/21/54
4 Providing for the exclusion of certain uninhabited territory pursuant to petition
filed under Section 27.3 of the Municipal Water District Act of 1911 (1.12)
10/6/55
5 Amending § 1 of Ord. No. 1 as amended by Ord. No. 3, changing the address
of regular meetings to the Carlsbad City Hall at 2960 Pio Pico Blvd. (1.08)
11/3/55
6 Amending § 1 of Ord. No. 1 as amended by Ord. Nos. 3 and 5 changing the
date of regular meetings to the first Wednesday of each month (1.08)
3/1/56
7 Providing for the exclusion of certain uninhabited territory pursuant to proceed-
ings initiated by the board under Section 27.3 of the Municipal Water District
Act of 1911 (1.12)
9/5/65
8 Establishing and fixing rates and charges for all water sold, distributed and
delivered; establishing the time, method, manner, payment and penalties for
nonpayment thereof; prescribing the terms and conditions upon which the dis-
trict will install and maintain temporary service connections and permanent
service connections; providing rules and regulations governing service con-
nections, the sale, delivery, transportation and use of water within CMWD and
the use of district’s facilities (Repealed by 9)
5/15/57
9 Establishing and fixing rates and charges for all water sold, distributed and
delivered; repealing Ordinance No. 8; establishing the time, method, manner,
payment and penalties for nonpayment thereof; prescribing the terms and
conditions upon which the district will install and maintain temporary service
connections and permanent service connections; providing rules and regula-
tions governing service connections, the sale, delivery, transportation and use
of water within CMWD and the use of district’s facilities (Repealed by 10)
6/5/57
10 Establishing and fixing rates and charges for all water sold, distributed and
delivered; repealing Ord. No. 9; establishing the time, method, manner, pay-
ment and penalties for nonpayment thereof; prescribing the terms and Condi-
tions upon which the district will install and maintain temporary service con-
nections and permanent service connections; providing rules and regulations
governing service connections, the sale, delivery, transportation and use of
water within CMWD and the use of district’s facilities rules and regulations to
implement Ordinance No. 10 regarding line extensions (Repealed by 26)
6/4/58
11 Amending § 1 of Ordinance No. 1 as amended by Ord. Nos. 3, 5, and 6,
changing the date, time and place of regular meetings of the of the board
7/2/58
TABLES
ORD-2
Ord.
No. Description
Adoption
Date
(1.08)
12 Amending Section 6 of Ord. No. 10 to provide that the rates for all water sold
and delivered shall be fixed by resolution (Repealed by 26)
9/10/58
13 Amending § 1 of Ord. No. 1 as amended by Ord. Nos. 3, 5, 6 and 11, chang-
ing the time of regular meetings to the second Tuesday of each month at 1:00
p.m. at 601 Elm Avenue (1.08)
10/14/58
14 Amending § 17b(2)(a) of Ord. No. 10 to provide that annual payments to own-
ers under line extension agreements or to owners of line extensions under Im-
provement Act of 1911 shall not exceed 20% of the actual costs of installation
and construction (Repealed by 26)
10/28/58
15 Amending § 1 of Ord. No. 1 as amended by Ord. Nos. 3, 5, 6, 11, and 13
changing the time of regular meetings to the third Tuesday of each month at
2:00 p.m. at 601 Elm Avenue (1.08)
2/10/59
16 Amending § 17(b)(1) of Ord. No. 10 to provide the procedure for design and
construction of permanent pipeline extensions (Repealed by 26)
3/10/59
17 Amending § 1 of Ord. No. 1 as amended by Ord. Nos. 3, 5, 6, 11, 13 and 15
changing the address of regular meetings (1.08)
11/24/59
18 Amending § 1 of Ord. No. 1 as amended by Ord. Nos. 3, 5, 6, 11, 13, 15 and
17 changing the date, time and place of regular meetings (1.08)
7/5/60
19 Establishing holidays 1/2/63
20 Amending § 1 of Ord. No. 1 as amended by Ord. Nos. 3, 5, 6, 11, 13, 15, 17
and 18 changing the place of regular meetings (1.08)
11/19/63
21 Establishing standard requirements for wholesale connections to the distribu-
tion system and to repeal § 4 of Ord. No. 10 (Repealed by 26)
6/16/64
22 Establishing and defining types and conditions of water delivery; providing a
method of establishing and fixing rates and charges for water delivered; pro-
viding a method for extension of facilities; and to partially repeal Ord. Nos. 10,
12, 14, 16 and 21 (Repealed by 26)
6/15/65
23 Annexing certain uninhabited territory, to be known as the “Squires Dam -
Tank Site annexation” pursuant to the provisions of the Municipal Water Dis-
trict Act of 1911 (Special)
9/21/65
24 Dissolves Improvement District No. U-7 (Special) 10/18/66
25 Amending § 1 of Ord. No. 1 as amended by Ord. Nos. 3, 5, 6, 11, 15, 17, 18
and 20 changing the time of regular meetings (1.08)
4/5/67
26 Establishes and defining procedures and conditions of water delivery; provid-
ing a method of establishing and fixing rates and charges for water delivered;
providing a method for extension of district’s facilities; repeals Ord. Nos. 10,
12, 14, 16, 21 and 22 (Repealed by 40)
5/15/68
27 Authorizing emergency purchasing procedures (1.16) 3/18/87
28 Relating to water conservation (Repealed by 30) 7/29/87
29 Establishing fees for engineering services (Repealed by 45) 6/15/88
30 Finding the necessity for and adopting an emergency water management pro- 12/6/89
ORDINANCE LIST
Ord.
No.
Description
Adoption
Date
gram to replace Ord. No. 28 (3.04)
31 Mandating the use of reclaimed water (Repealed by 43) 5/8/90
32 Amending emergency water management program by requiring use of re-
claimed water for greenbelt purposes (3.04)
5/8/90
33 Establishing a water commission (Dissolved by 41) 1/2/90
34 Amending stage 2 watering schedule in Ord. No. 30 (3.04) 11/13/90
35 Finding the necessity for and adopting a water conservation program (Re-
pealed by 44)
3/5/91
36 (Number not used)
37 Regulating the issuance of water meters (Repealed by 45) 3/5/91
38 Incorporating certain provisions of Titles 1 and 19 of the Carlsbad Municipal
Code establishing time limits for judicial review, penalty provisions for violation
of district ordinances and environmental protection procedures (1.20)
8/6/91
39 Establishing procedures for work in district right-of-way (Repealed by 45) 9/1/92
40 Repealing Ord. No. 29 and establishing fees for engineering services (Re-
pealed by 45)
9/1/92
41 Dissolution of water commission effective January 1, 1998 3/26/96
42 Amending Division 1, §§ 5 and 7 of Ord. No. 26 (Repealed by 45) 3/26/02
43 Mandating use of recycled water and rescinding Ord. No. 31 (3.08) 6/14/05
44 Adoption of a drought response plan and water preservation program; repeals
Ord. No. 35 (3.12)
1/09/09
45 Defining and establishing process and conditions of water delivery; providing
method of establishing and fixing rates and charges for water delivery; provid-
ing method for extension of CMWD facilities; regulating the issuance of water
meters; establishing process and fees for engineering services related to land
development; defining meters and fire hydrants, water efficient landscaping;
cross connection control program; establishing procedures for work in CMWD
right-of-way; repeals Ord. Nos. 26, 29, 37, 39, 40, and 42 (2.04, 2.08, 2.12,
2.16, 2.20, 2.24, 2.28, 2.32, 2.36)
6/3/09
46 Amending Ord. No. 44 to authorize the general manager to set watering
schedules (3.12)
12/2/09
47 Defining and establishing process and conditions of water delivery; providing
method of establishing and fixing rates and charges for water delivery; provid-
ing method for extension of CMWD facilities; regulating the issuance of water
meters; establishing process and fees for engineering services related to land
development; defining meters and fire hydrants, water efficient landscaping;
cross connection control program; establishing procedures for work in CMWD
right-of-way; repeals Ord. Nos. 26, 29, 37, 39, 40, and 42 (2.04, 2.08, 2.12,
2.16, 2.20, 2.24, 2.28, 2.32, 2.36)
12/17/19
48 Mirroring the San Diego County Water Authority’s 2020 Model Drought
Ordinance and establishing six water shortage levels; amends Ord. Nos. 44
and 46.
6/7/22
ORD-3