HomeMy WebLinkAbout2022-05-19; Declaration of a Drought Response Level 2 (Districts All); Gomez, PazTo the members of the:
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CMWD Board Memorandum
May 19, 2022
To:
From:
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Re:
Carlsbad Municipal Wat rd of Directors
Paz Gomez, Deputy Cit lie Works.
Vicki Quiram, General Ma age,'-1,,jl-fH-
Scott Chadwick, Executive an
Declaration of a Drought Re
e
se Level 2 (Districts -All)
Ccarlsbad
Municipal Water District
Memo ID #2022059
This memorandum provides information on drought response Level 2 requirements and
updates the CMWD Board Memorandum dated April 7, 2022, regarding the Governor's
executive order on drought measures.
Background
As outlined in the April 7, 2022, CMWD Board Memorandum, the Carlsbad Municipal Water
District (CMWD) has stayed in a Level 1 drought response since June 13, 2017. The Level 1
drought response includes voluntary conservation measures that are designed to reduce water
usage up to 10%, such as irrigating before 10 a.m. and after 6 p.m. and repairing all water leaks
within five days of notification by the CMWD.
On March 28, 2022, Governor Newsom issued Executive Order N-7-22, asking Californians to
increase water conservation. The executive order requires that the State Water Resources
Control Board (State Water Board) develop emergency regulations by May 25, 2022. A formal
draft of the emergency regulation was released on May 13, 2022 (Attachment A), and is
currently under review. This draft requires retail water agencies to implement demand
reduction actions identified in the supplier's water shortage contingency plan for a shortage
level of 10 to 20% (Level 2) by June 10, 2022. Level 2 water conservation measures are designed
to reduce water usage by up to 20%. After a short public comment period, the State Water
Board expects to finalize the regulations by May 25, 2022.
Staff are scheduled to go to the CMWD Board on June 7, 2022, to consider declaring a drought
Level 2 response. The June 7, 2022, item may also include other detailed requirements from the
State Water Board developed during the regulatory review and comment process.
Discussion
A Level 2 drought response includes actions that would reduce water usage up to 20%, or 10%
above the current Level 1 response.
Carlsbad Municipal Water District
5950 El Camino Real I Carlsbad, CA 92008 I 442-339-2722 t
CMWD Board Memo -Declaration of a Drought Response Level 2 (Districts -All)
May 19, 2022
Page 2
Per CMWD Ordinance No. 46, a Level 2 response requires all persons using CMWD water to
comply with Level 1 water conservation practices. On May 24, 2022, staff will introduce an
ordinance amending Ordinance No. 46 to mirror the San Diego County Water Authority's 2020
Model Drought Ordinance. Very minor changes are made to Level 2 actions. If adopted, the
new drought response Level 2 will require the following water 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 limitation does 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 certain landscape irrigation systems
described in Item 2 above on the same schedule set forth in Item 1 above 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
recirculating water is used
The regulations anticipated from the State Water Board may further ban irrigation of "non-
functional turf' in commercial, industrial and institutional sectors, except as required to ensure
health of trees and other non-turf planting. Items 1 through 5 of the Level 2 conservation
measures described above do not apply to the use of recycled water or water obtained from
private wells.
Next Steps
On May 24, 2022, staff will present the CMWD Board with amendments to CMWD Ordinance
Nos. 44 and 46 to mirror the San Diego County Water Authority's 2020 Model Drought
Ordinance and to establish six water shortage levels. Staff will also continue to monitor
regulations from the State Water Board and will bring this item to the CMWD Board at the
June 7, 2022, meeting to consider enacting drought response Level 2.
Attachment: A. State Water Resources Control Board Proposed Emergency Regulation Text
dated May 13, 2022
cc: Geoff Patnoe, Assistant Executive Manager
Celia Brewer, General Counsel
Gary Barberio, Deputy City Manager, Community Services
Laura Rocha, Deputy City Manager, Administrative Services
CMWD Board Memo -Declaration of a Drought Response Level 2 (Districts -All)
May 19, 2022
Page 3
Robby Contreras, Assistant General Counsel
Kyle Lancaster, Parks & Recreation Director
Kristina Ray, Community & Engagement Director
Eric Sanders, Utilities Manager
Mario Remillard, Meter Services Supervisor
Mika Imoto, Water Conservation Specialist
ATTACHMENT A
PROPOSED EMERGENCY REGULATION TEXT
Version: May 13, 2022
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water
Quality Control Boards
Chapter 3.5. Urban Water Use Efficiency and Conservation
Article 2. Prevention of Drought Wasteful Water Uses
§ 996. Urban Drought Response Actions
@l_ As used in this section:
(1) "Commercial, industrial and institutional" refers to commercial water
users, industrial water users, and institutional water users as respectively
defined in Water Code, section 10608.12, subdivisions (e), {i), and (j), and
includes homeowners' associations, common interest developments,
community service organizations, and other similar entities but does not
include the residences of these entities' members or separate interests.
(2) "Common interest development" has the same meaning as in section
4100 of the Civil Code.
(3) "Community service organization or similar entity" has the same
meaning as in section 4110 of the Civil Code.
(4) "Homeowners' association" means an "association" as defined in
section 4080 of the Civil Code.
(5) "Non-functional turf' means turf that is solely ornamental and not
regularly used for human recreational purposes or for civic or community
events. Non-functional turf does not include sports fields and turf that is
regularly used for human recreational purposes or for civic or community
events.
(6) "Separate interest" has the same meaning as in section 4185 of the
Civil Code.
(7) "Turf' has the same meaning as in section 491.
(8) "Urban water supplier" has the same meaning as Water Code section
10617.
(9) "Water shortage contingency plan" means the plan required by Water
Code section 10632.
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.(Q} Each urban water supplier shall submit to the Department of Water
Resources a preliminary annual water supply and demand assessment
consistent with section 10632.1 of the Water Code no later than
June 1, 2022, and submit a final annual water supply and demand
assessment to the Department of Water Resources no later than the
deadline set by section 10632.1 of the Water Code.
f.9_ ill Each urban water supplier that has submitted a water shortage
contingency plan to the Department of Water Resources shall implement
by June 10, 2022, at a minimum, the demand reduction actions identified
in the supplier's water shortage contingency plan adopted under Water
Code 10632 for a shortage level of ten to twenty percent (Level 2).
(2) Notwithstanding subdivision (1 ), urban water suppliers shall not be
required to implement new residential connection moratoria pursuant to
this section .
.{gl_ Each urban water supplier that has not submitted a water shortage
contingency plan to the Department of Water Resources shall, by
June 10, 2022, and continuing until the supplier has implemented the
demand reduction actions identified in the supplier's water shortage
contingency plan adopted under Water Code 10632 for a shortage level of
ten to twenty percent (Level 2), implement at a minimum the following
actions:
(1) Initiate a public information and outreach campaign for water
conservation and promptly and effectively reach the supplier's customers,
using efforts such as email, paper mail, bill inserts, customer app
notifications, news articles, websites, community events, radio and
television, billboards, and social media.
(2) Implement and enforce a rule or ordinance limiting landscape irrigation
to no more than two days per week and prohibiting landscape irrigation
between the hours of 10:00 a,m. and 6:00 p.m.
(3) Implement and enforce a rule or ordinance banning, at a minimum, the
water uses prohibited by section 995. Adoption of a rule or ordinance is
not required if the supplier has authority to enforce, as infractions, the
prohibitions in section 995 and takes enforcement against violations .
.{fil (1) To prevent the unreasonable use of water and to promote water
conservation, the use of potable water is prohibited for the irrigation of
non-functional turf at commercial, industrial, and institutional sites.
(2) Notwithstanding subdivision (e)(1 ), the use of water is not prohibited by
this section to the extent necessary to ensure the health of trees and other
perennial non-turf plantings or to the extent necessary to address an
immediate health and safety need.
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ill_ The taking of any action prohibited in subdivision (e) is an infraction
punishable by a fine of up to five hundred dollars ($500) for each day in
which the violation occurs. The fine for the infraction is in addition to, and
does not supersede or limit, any other remedies, civil or criminal.
.{g_). A decision or order issued under this section by the Board, or an officer or
employee of the Board, is subject to reconsideration under article 2
(commencing with section 1122) of chapter 4 of part 1 of division 2 of the
Water Code.
Authority: Section 1058.5, Water Code.
References: Article X, Section 2, California Constitution; Sections 4080, 4100,
4110, and 4185, Civil Code; Section 8627.7, Government Code; Sections 102,
104,105,275,350,491, 1122, 10608.12, 10617, 10632, and 10632.1, Water
Code; Light v. State Water Resources Control Board (2014) 226 Cal.App.4th
1463; Stanford Vina Ranch Irrigation Co. v. State of California (2020) 50
Cal.App.5th 976.
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