Item 19.
13.03.071
B. Where subsequent service connections are made to the extension and where a portion or all of the cost of main extensions
was paid by the applicant, the water main
charges received by the city for subsequent
service connections to the extension for a
period of five years following the date of
completion of the extension, the applicable
portion of the cost shall be refunded to the
person who paid for such extension or to
his or her successors or assigns as provided
in this chapter.
Sale of the property in this chapter referred to and conveyance of the title thereto shall constitute an assignment to the purchaser of such property, and payment of such amount as become due to the maker
thereof or the purchaser of such property
shall constitute a discharge of the obligations to the city of the amount so paid.
After the expiration of the five year
period, any water main construction charges
subsequently received shall become the sole
property of the city.
A water main construction charge for
each and every service connection to an
extension installed under the provisions of
this section, shall be paid before such service connection is made. The water main construction charge is separate from and is
in addition to the service connection charge.
C. All main extensions shall be required to be eight inches in diameter or larger if required by their development. If a
larger main extension is required by the city
engineer, the line shall be installed by the
developer at a rate determined by the city
engineer.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.072 Extensions to areas
subdivided by conveyances.
A. The city council is authorized to
make water main extensions for the benefit
of areas of the city which have been subdi-
(Coachella Supp. No. 16) 528.44
vided by means of conveyances, and not
pursuant to any regular statute of the state
or ordinance of the city, if it is in the best
interests of the city to make such extensions.
B. A charge for each and every service
connection to an extension installed under
the provisions of this section shall be paid
by the person receiving such connection
before any such connection is actually made.
The construction charge to be paid pursuant to the terms of this chapter is separate from and is in addition to the service connection charge. The amount of the construction charge to be charged for such water main extension shall be determined in the
same manner as that provided for in subsections A and B of Section 13.03.071. (Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.073 Main to be installed before
street paved.
Before any street within a subdivision is
paved with a permanent type of pavement,
any required water main shall be installed
in that street.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.074 Extensions to new
subdivisions.
All extensions of water mains into areas of the city hereafter subdivided, shall be installed according to the design and requirements of the utilities department and at the cost of the sub-divider; further provided,
that such installations shall be made under
written agreement between the sub-divider
and the city.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.075 Alternative procedures for
mains and extensions to new
areas.
The following procedure for the installation of water mains and extensions thereof
Item 19.
is intended as an alternate procedure to any
other presently authorized by ordinance or
law, and is not intended to in any way be
exclusive.
A. Whenever the council of the city
determines that the public interest and necessity demand the acquisition, construction and completion of water mains to undeveloped areas of the city not yet adequately served with water, for the purpose of providing such areas with water service, and appropriate moneys out of the
treasury of the city for such public improvements, no person shall be permitted to connect his property to such water main nor receive water service from the city through
such water main until said property owner
has paid to the city the proportionate share
of the cost of said water main with respect
to the property of said property owner to be
served; and no application, either by petition or otherwise, shall be approved by the council for the installation and completion
of a water main under this section unless
and until the property owners to be benefited or a sufficient number thereof shall have paid to the city, or agreed to pay, such
proportionate share of the cost of said water main as in the opinion of the council insures the payment of the cost of the public improvement. Such payments shall be in addition to any other fee prescribed by any
ordinance of the city or by the ordinance
for the installation and connection of laterals with said water main reaching to the property of the property owners to be served.
B. Whenever the council determines
that the public interest of the city will be
served by the extension of water mains into
new areas not adequately served with water,
no persons shall be permitted to make a
connection with such extension water main
until the property owner whose property
shall be served by said extension water main
shall have paid to the city his or her propor528.45
13.03.075
tionate share of the cost of said extension,
and no application for a connection or service from said extension water main shall be approved unless and until such person shall
have paid to the city his or her proportionate share of the cost of the extension water mam.
C. No new water mains or extensions
of existing water mains designed to serve an
area of the city not yet adequately served by
water shall be installed by said city under
this section until the following conditions
shall have been performed and the following requirements fulfilled:
1. Whether initiated by the property
owners by petition or initiated by the council itself by resolution, the council shall cause a map or plat to be prepared by the
city engineer and filed with the city clerk,
which map or plat shall show the exterior
boundaries of the entire area proposed or
designed to be eventually served by the proposed public improvement, or in lieu thereof a written description of the area to be served
by such public improvement, together with
an estimate of the total cost of the initial
improvement.
2. The adoption of an ordinance of
the city council or authority which shall
prescribe a minimum initial contribution to
be paid by the property owners of the area
to be benefited by the construction of the
initial unit of such public improvement,
which shall be sufficient in amount to satisfy the council that the construction cost will be paid.
D. Wherever used in this section the
phrase "extension water main" is defined to
mean any extension of the water main as
defined in this section and also any extensions of said water main.
E. There is created in the office of the
city treasurer, a fund to be known as "water
capital fund" into which fund all moneys
received from property owners pursuant to
(Coachella Supp. No. 16)
Item 19.
13.03.075
the terms of this section shall be paid, and
the moneys in such fund shall be used for no
other purpose than the construction of water mains to serve undeveloped areas of the city, or extensions thereof.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.076 Additional regulations
authorized.
The city council or authority may, by
resolution, provide such rule and regulations as it may deem necessary or advisable to accomplish the intent and purposes of
this chapter.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.077 Water system connection
charge.
All newly constructed buildings within
the city which connect to the city water
system shall pay a water system "connection fee". Such connection charge for each type of building or use shall be set by city
council or authority ordinance.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.078---13.03.100 Reserved.
Article II
Fees, Charges and Billing
13.03.101 Collection.
A. The rates set out in this chapter
shall be charged and collected by the city of
Coachella finance department for all water
sold, supplied, distributed or transported
by the city, except as may be established by
contract.
B. The city will require each prospective customer to apply for the service desired, and also to provide the department with the necessary information to establish
credit. The customer will be charged a new
account fee in an amount established by
ordinance of the city council or authority
(Coachella Supp. No. 16) 528.46
when applying for service. An additional
fee in an amount established by ordinance
of the city council or authority may be
charged if the customer requires same day
turn on.
C. All service applications which require the installation of a new meter will be charged an amount established by ordinance of the city council or authority for the first meter and for each subsequent meter to be installed at a single premises, when all meters are installed at one time.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.102 Water meter rates and
commodity charge.
The meter rates and commodity charges
for water sold, supplied, distributed or transported to customers, whether within or outside of the city limits, unless otherwise herein specified, shall be in amounts established
by the city council or authority.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.103 Calculation of water bill.
The monthly bill shall be the sum of the
customer charge, commodity charge and
the replenishment assessment charge as set
forth in Sections 13.03.102 and 13.03.120.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.104 Private fire lines-Inside city
limits.
The rate for water service and water
consumed by private fire lines used exclusively for fire protection, whether such lines be connected with automatic sprinkling systems or to hose attachments, shall be in an amount established by ordinance of the city
council or authority.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.105 Private fire lines-Outside
city limits.
Private fire line service involving use of
surplus water may be made available to cusPage 688
Item 19.
tomers located outside the city in accordance with rates, terms and conditions contained in contracts approved by the council. (Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.106 Additional charge.
In addition to the monthly rate for private fire lines set out in Sections 13.03.104 and 13.03.105, the commodity charge specified in Section 13.03.102 shall be charged for all water used for other than fire-extinguishing purposes as recorded on the bypass meter. The department may, as it sees fit, read any such bypass meter and render
bills accordingly.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.107 City use.
A. All services furnished to the city,
except to the utilities department, shall be
paid for at the rates established by this chapter, and all water furnished to the city, except to the utilities department, shall be paid for at the meter rates and commodity
charge established by this chapter. Where it
is impracticable to furnish such water
through a meter for sewer flushing, street
sweeping, watering trees, storm drain flushing, construction purposes, and all miscellaneous uses not specifically mentioned in this chapter, such water shall be paid for at
the commodity charge established by this
chapter. The monthly volume of unmetered
water used for such purposes shall be estimated by the utilities general manager and charges for such water shall be made in
accordance with such estimates.
B. The commodity charge of the foregoing rates is subject to the replenishment assessment charge described in Section
13.03.120.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.108 Construction and
miscellaneous uses.
A. Water for construction and miscellaneous uses shall service connection under 528.47
13.03.110
the conditions stated in Sections 13.03.147
through 13.03.151. The charges be furnished through a metered temporary for use of such water shall be the appropriate
meter rates specified in Section 13.03.102.
B. The commodity charge of the rates
in this section is subject to the replenishment assessment charge as described in Section 13.03.120. (Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.109 Standby or partial service.
The rates provided in this chapter are
not applicable to standby or partial service.
This type of service may be furnished in
accordance with rates, terms, and conditions contained in contracts approved by the council.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.110 Application for service.
The utilities department shall require
each business or commercial applicant for
water service to sign an application for the
service desired, and also to establish credit.
All applications shall be required to provide
the following information:
A. Name of applicant;
B. Name of all responsible parties;
C. Social security number of applicant
and all responsible parties;
D. Driver's license or California identification card; E. If business, tax identification number, articles of incorporation, and/or limited partnership documents; F. Purpose for which service is to be
used;
G. Location of premises;
H. Address to which bills are to be
mailed or delivered;
I. Telephone number where applicant
can be reached;
J. Present address and telephone number of applicant and all responsible parties; (Coachella Supp. No. 16)
Item 19.
13.03.110
K. Previous address and telephone
number of applicant and all responsible
parties;
L. Place of work or business of applicant and all responsible parties; M. Whether applicant is owner, agent
or tenant of premises;
N. Necessary information to establish
the credit of the applicant and all responsible parties;
0. Other premises receiving service or
having received service for same applicant,
service name, and all responsible parties;
P. Whether premises have been previously supplied;
Q. Date service is to commence;
R. Such other information as may be
necessary to establish identity and credit
worthiness of applicant and all responsible
parties;
S. Complete and accurate application
to restore disconnected service, due to an
initial incomplete application.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.111 Application for service--
Single-family domestic.
Before the commencement of use of
water service in single-family domestic premises, the applicant shall inform the department as to desire for water service, sign an application for water service and provide
the following information:
A. Name of applicant;
B. Name of roommate or spouse;
C. Social security number of applicant
and roommate or spouse;
D. Driver's license or California identification card for applicant and roommate or spouse;
E. Location of premises;
F. Address to which bills are to be
mailed or delivered;
G. Telephone number where applicant
can be reached;
(Coachella Supp. No. 16) 528.48
H. Present address and telephone number of applicant if different than premises; I. Previous address and telephone number of applicant and roommate or spouse; J. Place of work or business of applicant and roommate or spouse; K. Whether applicant is owner, agent
or tenant of premises;
L. Necessary information to provide
identity of applicant and roommate or
spouse;
M. Necessary information to establish
the credit of the applicant and roommate or
spouse;
N. Other premises receiving service or
having received service for same applicant,
roommate or spouse;
0. Whether premises have been previously supplied;
P. Date of commencement of service;
Q. Such other information as may be
necessary to establish identity and credit
worthiness of applicant and roommate or
spouse.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.112 Noncompliance.
Any customer who fails to timely pay a
water bill pursuant to this chapter may be
subject to disconnection of the customer's
water service and to all disconnection and
reconnection fees, in addition to any enforcement mechanisms available to the city under section 13 .03 .114 or any other provision of law.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.113 Deposit.
A. Each applicant for water service
shall deposit with the finance department a
sum in the estimated amount of three
months' charges for accounts billed monthly,
or four months' charges in the case of accounts billed bimonthly. If the account has a master meter, each applicant for water
Item 19.
service, shall deposit with the department a
sum in the estimated amount of three
months' charges in the case of accounts
billed monthly, and four months' charges in
the case of accounts billed bimonthly. The
deposit is calculated by taking into account
all services billed by the department including, but not limited to: water, sewer, utility tax, replenishment assessment charge, and
state surcharge, as determined by the department. Such deposit shall be in the form of cash, check, money order, time certificate
from a commercial bank or savings and
loan, or cashier's check. Deposit amounts
shall be no less than the amount established
by ordinance of the city council or authority. The calculated deposit shall be added to the applicant's first bill and will be due in
accordance with Section 13.03.114 of this
code.
B. Any such application for water service who shall have been a customer of sewer service furnished by the department
and who shall, during the most recent twelve
(12) months within the eighteen (18) months
prior to the date of application, have paid
before the issuance of any disconnection
notice or late charge, all bills for services
levied to such applicant by the department
and who shall have provided all necessary
information for credit identification of such
applicant, have no unpaid delinquent closing bills or delinquent accounts with the department, and have a satisfactory rating
from a credit reporting agency as chosen by
the department, shall not be required to
make or maintain any such deposit. Any
deposit previously made by such applicant
shall, after such twelve (12) months' consecutive payment of bills, be applied to such customer's account after any other unpaid
delinquent accounts for such customer are
satisfied.
C. Upon the discontinuation of any
service, any balance of such deposit remain528.49
13.03.114
ing in the hands of the department, after all
bills for services to such customer have been
paid, shall be returned.
D. On the failure of any customer to
comply with the terms of this chapter regarding the payment of bills, the department may require the customer to reestablish credit in the manner specified in subsection A of this section for original
service.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.114 Payment-Enforcement.
A. All charges for water sold, furnished,
supplied, or delivered by the department
shall be due and payable upon presentation
of the bill, and if not paid within twenty
(20) days thereafter, shall be deemed delinquent. The department may issue a disconnection notice for any delinquent bill and all services for a customer receiving such
notice by mail or other delivery may be
disconnected without further notice. If payment is not received thirty-eight (38) days from the original mailing of a bill, the larger
of fifteen dollars ($15.00) or one and onehalf (1 ½) percent of the unpaid balance will be charged and collected in addition to
other amounts due from the customer. There
will be a charge rendered for any dishonored or returned payment received on an account. The amount charged shall be established by resolution and shall include the actual costs for all payments which are
not honored by the appropriate financial
institutions for any reason.
B. Water service will not be disconnected if, within forty-eight ( 48) hours following the delivery of a disconnection notice, customer submits a written protest of the disputed bill containing all facts and
evidence necessary to review the protest or
if the bill is satisfied. The utilities general
manager shall have final and conclusive determination of these protests and shall pro- (Coachella Supp. No. 16)
Item 19.
13.03.114
vide this determination to the customer in
writing. Should the protest be denied, water
service shall be disconnected within either
forty-eight (48) hours from the date of personal service of the determination or within five days from the date of mailing of the
determination.
C. If the customer is receiving service
from the department at more than one premises, service at any or all of the customer's premises receiving service shall be subject
to disconnection and discontinuance without further notice when a notice of disconnection has been mailed or delivered to such customer and bills for service at any one or
more premises are not paid within the time
specified above.
D. Delinquent master metered accounts will be charged a processing fee for unpaid accounts that result in the posting
of tenant notices for disconnection of service more than once in a two-year period.
The amount of the fee charged shall be
established by resolution and shall include
the actual cost of processing a delinquent
master metered account. The schedule for
such fee shall remain on file and be available from the city clerk of the city.
E. Master metered accounts that are
delinquent to the point of posting tenants
with a "notice of disconnection" will be
assessed an administrative penalty as follows:
1. An administrative penalty of two
hundred fifty dollars ($250.00) for the second occurrence in a two-year period;
2. An administrative penalty of five
hundred dollars ($500.00) for each additional occurrence in a two-year period. The customer whose account is delinquent may
appeal assessment, pursuant to Sections
13.02.780 and 13.02.785.
F. When service has been disconnected
for nonpayment of bills or as a result of
theft of service described in subsection H
(Coachella Supp. No. 16) 528.50
below, it shall not be reconnected to the
same customer except upon payment of all
prior billing for service at this account and
all other accounts for this customer and any
other amounts due to the department as a
result of meter tampering, unauthorized
use or theft as set forth in subsection H
below. When the city sends a representative
to disconnect the service for nonpayment of
charges or other noncompliance with the
provisions of this chapter or rules and regulations adopted pursuant hereto, the account shall be charged an amount established by ordinance of the city council or authority. If a customer turns on or causes
to be turned on a disconnected service, the
department may again tum off the service
using any means to ensure that service may
not be reconnected by the customer or an
agent of the customer and may charge and
collect an amount established by ordinance
of the city council or authority in addition
to any other applicable fees and costs associated with meter tampering, unauthorized use or theft of service described in subsection H below.
G. Each time a department representative returns to a customer's premises to reconnect a service, an additional fee shall
be charged and collected from the customer
before service is restored. When same-day
service restoration is requested, the service
restoration fee shall be an additional
amount. The city council shall establish such
amounts by ordinance.
H. The following provisions shall apply where it has been determined by the general manager that the unauthorized use
or theft of water has occurred by a customer:
1. Service may be disconnected and a
fee in an amount established by ordinance
of the city council shall be charged and
collected in addition to any other amounts
due from the customer including, but not
Item 19.
limited to, costs associated with the repair
and/or replacement of any damaged meters, meter locking devices and/or other related equipment, loss of revenue related to such theft, attorney's fees, city personnel
time, resources and investigative costs, in
addition to any penalties provided for in
any other section of this code or imposed
due to violation of state or local law, if a
customer has:
a. Caused or allowed interference of
registration or recording of usage or the
bypassing of the meter either partially or
completely; or
b. Restored service by any means after
service has been terminated for nonpayment or obtained water without making the proper application or receiving proper authorization from the Coachella utilities department; or c. Damaged, removed, or tampered in
any manner with any part of a meter, meter
seal, or meter locking device; or
d. Obtained service by use of a metering device which is not authorized by the Coachella utilities department; or
e. Fraudulently obtained, or attempted
to obtain, service by the use of a false name
and/or identification, or by placing the account in the name of someone else after service has been disconnected for nonpayment of service fees and/or due to theft of service and circumstances associated therewith as described in this section.
2. Any customer who has been determined by the utilities general manager to have engaged in any of the acts described in
subsection H.1. and has had notice of disconnection mailed or delivered shall have service disconnected if proper connection,
to the satisfaction of the department, is not
established within forty-eight ( 48) hours of
the delivery of the notice. Service shall be
restored or established only upon proper
connection, to the satisfaction of the depart528.51
13.03.115
ment, and the payment of all outstanding
fees and costs by the customer. Where the
customer has had prior notice of disconnection mailed or delivered by the department and has restored connection without authorization, or where the conduct of the customer has resulted in a hazardous condition, service may be disconnected immediately and shall not be restored until
proper connection, to the satisfaction of
the department, has been established and
all outstanding fees and costs have been
paid by the customer.
3. Any customer who has been determined by the utilities general manager to have engaged in any of the acts described in
subsection H. l. may appeal the assessment
of administrative penalties and costs as described in Sections 13.02. 780 and 13.02. 785 after the notice of the assessed charges.
I. In the event that a premises is vacant
or there is no responsible party on file with
the city, the owner of such premises or landlord of such premises shall be liable to the city for the payment of any charges incurred. This includes all charges incurred between the time a tenant vacates the premises and the premises are reoccupied by a new tenant.
J. The department may apply interest
to all delinquent accounts.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.115 Disputed or erroneous bills.
Whenever the correctness of any bill for
water is in dispute, the utilities and or finance department will cause an investigation to be made.
Bills reflecting clerical or meter errors
shall be adjusted to a correct basis as determined by the city's investigation for a period of not to exceed six months prior to discovery of the error. Adjustments for slow
or fast meters shall be made in accordance
with Sections 13.03.206 and 13.03.207.
(Coachella Supp. No. 16)
Item 19.
13.03.115
In cases where other factors required
for application of rate schedule or other
provisions, are not subject to exact determination or are in question, or in disputed cases relative to service or rate application,
the department shall establish such factors
by tests, analyses and investigations to determine the proper basis for making an adjustment, if any. Adjustments in the billing shall then be authorized by the utilities general manager as shown to be proper. Such adjustments shall be subject to review, when
requested by the customer or by the city
manager.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.116 Lien for delinquent charges.
Any water rates authorized pursuant to
this article which remain unpaid for sixty
(60) days past the date upon which they
were billed may be collected thereafter by
the city, as provided as follows:
1. The city shall cause a report of delinquent water fees to be prepared periodically. The city council shall fix a time, date and place for hearing the report and any
objections or protests thereto. The report
shall contain a list and description of each
parcel of real property to which is attributed a delinquency in the payment of water rates, for a period of sixty (60) days or
more, the names of the owners and the total
amount of the delinquency attributable to
that parcel.
2. The city council shall cause notice
of the hearing to be mailed to the owners of
the property with delinquencies, as listed on
the latest equalized assessment roll. Such
notice shall be sent not less than fourteen
(14) days prior to the date of the hearing
and shall inform the recipients of the amount
of unpaid water rates and penalties. Such
notice shall inform the owners that the unpaid water rates and penalties will be assessed against and shall result in a lien on their property.
(Coachella Supp. No. 16) 528.52
3. At the hearing, the city council shall
hear any objections or protests of the landowners who are to be assessed for delinquent fees. The city council may make such revisions or corrections to the report as it
deems just, after which, by resolution, the
report shall be confirmed.
4. The delinquent water rates, and any
penalties thereon, set forth in the confirmed
report shall constitute a special assessment
against the respective parcels of land and
are a lien on the property for the amount of
delinquent fees, the late charges, and cost of
lien. The city clerk shall certify, over his
signature, that the report has been adopted
by the city council in its final form, and file
the report with the county auditor. In addition, the city clerk shall also record the amount of unpaid charges with the county
recorder.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.117 Termination of service.
If all structures in which water is served
are removed from a property served by the
water system, or if the structure in which
water is served is demolished, then the city
shall consider the service disconnected and
shall provide a prorated adjustment of
monthly assessment based upon the first
day of the month following the notification
of removal or demolition of the structure
by the city building official. The owner shall
be entitled to a refund of the deposit or to
such portion of the deposit as may be unused, upon written application therefore.
Termination of service shall be considered
equivalent to disconnection.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.118 Reconnection.
After a building water service has been
disconnected from the city water system, it
shall not be reconnected until all delinquent
charges plus penalties, all charges which
Item 19.
have accrued since the time of disconnection, any supplementary connection charges, and the estimated cost of reconnection have
been paid; the deposit restored to the required amount; and any required guarantee for the payment of bills has been made. In
addition to the connection charge, the deposit shall be paid or restored to the required amount as provided in this article.
All of the charges, deposits and other
amounts required to be paid shall be paid
before the building water service is reconnected to the city water system. (Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.119 Restoration of terminated
service.
After service to a property has been
terminated, the water service connection
permit issued for the property shall be considered cancelled. The permit and service shall not be considered as restored until all
delinquent charges plus penalties, all charges
which have accrued since time of termination, and a restoration charge in an amount established by ordinance of the city council
or authority has been paid and the deposit
restored to the required amount. In addition to the amount provided in this section, all of the charges, deposits and other
amounts required to be paid shall be paid
before the permit and service are restored.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.120 Annual review of rates;
pass-through of rate
increases.
A. The water rates established by this
article shall be subject to annual review and
evaluated in conjunction with annual fiscal
year budget preparation. Water rates shall
be set based upon the actual cost to the city,
and shall include costs for providing water
service, capital reserve requirements, any
administrative overhead allocation as deter528.53
13.03.141
mined by the annual review, plus any deficit
recovery as determined by the city council
or authority. Administrative overhead cost
shall be assessed for providing support services to the enterprise fund and shall be set annually by the city council or authority
through an adopted cost allocation plan.
B. Any increase in any currently applicable, legally adopted monthly charge assessed by an agency or district providing water replenishment service to the city shall
be immediately passed through to the affected property owners. Any amounts overcollected by the city shall be applied first to the deficit recovery, if any, then to fund
balance.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.121-13.03.140 Reserved.
Article III
Water Service Connections
13.03.141 Inside city limits.
The department shall furnish, install
and maintain all service connections and
the charges for these facilities shall be at the
expense of the owner of the premises.
A. Water Services. The service connection installation charges shall be the cost to the department and shall include meter housing. Water service installation costs are charged in accordance with the department
schedule of charges for water service connections, adopted by resolution of the council, and on file in the office of the utilities general manager. The water connection fees
shall be adjusted by resolution of the council on an as-needed basis.
B. Private Fire Line Protection Services. The charge for the private fire protection service connection installation including bypass meter, check valve and housing shall be at the cost to the department,
charged in accordance with the department
(Coachella Supp. No. 16)
Item 19.
13.03.141
schedule of charges for water service connections, adopted by resolution of the council, and on file in the office of the utilities general manager. The water connection fees
shall be adjusted by resolution of the council on an as-needed basis. (Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.142 Outside city limits.
Charges outside city limits are the same
as inside city.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.143 Separate connections
required-Exceptions.
Two or more houses or buildings under
the same ownership and on the same lot or
parcel of land may be supplied through the
same service connection or a separate service connection may be provided for each house or building. The department shall
have the right to limit the number of houses
or buildings, or the area of the land under
one ownership, to be supplied by one service connection. The same service connection shall not be used to supply water to property in a single ownership which is separated by a public street, alley or right-ofway or which is non-adjoining. The same service connection shall not be used to supply water to adjoining property of a different ownership. (Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.144 Connection.
In making application for a water service connection, the applicant shall specify the premises to be served by such service
connection and only the premises so specified shall receive water through such service connection.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.145 Violation-Disconnection--
Notice.
Any service connection used in violation of Section 13.03.143 or 13.03.144 may (Coachella Supp. No. 16) 528.54
be disconnected by the department after a
thirty (30) day written notice of intention to
disconnect such connection has been mailed
to the person in whose name service is rendered at such person's address as shown by the records of the department. The notice
shall contain a statement of the reasons for
such disconnection and the proposed date
of disconnection.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.146 Subdivision.
When property provided with a service
connection is subdivided, each service connection shall be considered as belonging to the lot or parcel of land which is nearest to
it.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.147 Temporary service
connection-Purpose.
A temporary service connection may be
installed for construction purposes, temporary concessions or any other special use where it is not practicable or reasonable
under the circumstances to install a permanent service connection. (Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.148 Temporary service
connection-Deposit.
Upon application for a temporary service connection, no water shall be supplied through such temporary service unless a
deposit for service has been so made and
remains in the hands of the department
undiminished. The deposit shall be in an
amount established by ordinance of the city
council or authority.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.149 Temporary service
connection-Charges.
When a temporary service connection
is terminated and disconnected, the cost of
Item 19.
equipment, installation and disconnection
shall be totaled, the salvage value of the
material recovered deducted therefrom and
the balance remaining of the original deposit shall be refunded. Should the total cost of the equipment, installation and disconnection exceed the amount of the deposit, the applicant shall be billed for such excess.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.150 Temporary service
connection-Duration.
A temporary service connection shall
be terminated and disconnected within six
months after installation, unless an extension of time is granted by the department. (Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.151 Temporary service
connection-Conversion to
permanent service
connection.
A temporary service connection conforming with all requirements of a permanent service connection may be made permanent; provided, that all charges required for a permanent service connection at that
premises are paid.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.152-13.03.170 Reserved.
Article IV
Water Mains
13.03.171 Defmitions.
Unless otherwise expressly stated or the
context clearly indicates a different intention the following terms shall, for the purpose of this chapter have the meanings indicated in this section:
"Authority" means the Coachella Water Authority.
528.55
13.03.174
"Distribution main" means a water main,
or a part of the capacity thereof, designed
or used to distribute water for fire protection and domestic use within a given territory served by the city. "Supply main" means a water main, or
a part of the capacity thereof, designed or
used for the purpose of transporting water
to a distribution main.
"Water main" means the principal pipe
or conduit laid in a street or right-of-way
through which water is transported or distributed by the city. (Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.172 Water line contamination.
No person shall connect, cross-connect, maintain or install any tank, fixture, receptacle or other device in or on any premises which is connected to any water line, pipe or conduit, which conveys or carries
any water for domestic or human consumption if the plan, arrangement, connection, maintenance or installation is such as to
make possible any contamination or pollution of such water. (Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.173 Property serviced.
Except where it is impracticable to do
so, all property shall be served with water
from a water main installed in a street or
right-of-way on which such property fronts
or to which it is contiguous. If there be no
such main, an extension of an existing water main shall be required as a condition to obtain service.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.174 Connection to existing main.
A. If there is an existing water main
from which service may be obtained, property not previously connected to the main may receive water service through such main
upon payment of the service connection
(Coachella Supp. No. 16)
Item 19.
13.03.174
installation charge provided for in Sections
13.03.141 and 13.03.142 and except as provided in this section, upon payment of the water construction charge provided for in
Section 13.03.175.
B. No water main construction charge
shall be required to be paid where such
existing water main or any main which it
may have replaced has been or shall have
been constructed for the benefit of such
property and at no expense to the city, either from its general fund, water fund or moneys derived from a bond issue authorized by election. (Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.175 Computation of construction
charge.
When a water main construction charge
is required to be paid, the amount thereof
shall be the percentage of the cost of constructing the main that is equal to the percentage that the area sought to be connected is of the entire area of all land determined by the utilities general manager
to be benefitted by the construction of such
main. In calculating the area to be connected within the area to be benefitted, all of the area of any parcel up to five thousand (5,000) square feet shall be included, plus fifty ( 50) percent of the area of any
parcel over and above the first five thousand (5,000) square feet. (Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.176 Extension-Made at
applicant's expense-Type of
construction.
A. Where a water main extension is
required to provide water service, it shall be
made at the expense of the person applying
for such service, except as provided in this
chapter. Such extension shall extend from
the nearest water main in place to and for
(Coachella Supp. No. 16) 528.56
the full length of that portion of the street
or right-of-way on which the property to be
served fronts or to which it is contiguous.
B. Such extension shall be an AWWA
approved material, or equal, of adequate
capacity to meet the requirements for a distribution main in the territory to be immediately or ultimately served thereby as determined by the utilities general manager in accordance with efficient operating requirements of the water system. (Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.177 Extension-ApplicationDeposit-Charges.
A. Upon the receipt of an application
for a water main extension to serve property
having no available water main and a deposit in such an amount as the utilities general manager shall estimate to be sufficient to pay the cost of making the same, the
utilities general manager shall cause such
extension to be made. The actual cost of
such extension shall be taken at not less
than the amount which would be required
to be paid as a water main construction
charge if an available main existed. The
application shall describe the property intended to be benefitted by such extension.
B. Upon the completion of such extension and the determination of the actual cost thereof, any remaining portion of such
deposit in excess of such cost shall be refunded. In case such deposit is insufficient, the applicant shall be liable to the city for
such deficiency. The service connection installation charge provided for in Sections
13.03.141 and 13.03.142 shall be in addition to the amounts required to be paid by this section.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.178 Application-Supply-main
charge.
When application is made for a water
main extension the applicant, in addition to
Item 19.
all other charges provided for in this title
shall be required to pay a supply-main
charge. Such charge shall be based upon the
cost of the supply main serving the territory
in which the property for which the water
main extension is applied for is located. The
utilities general manager shall determine
the ratio which the property bears to the
total area of the territory served or to be
served by such supply main and the benefit
which it will receive from such supply main
and shall fix the amount of the charge accordingly.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.179 Reimbursement of
construction costs.
If a water main extension has been installed at no expense to the city either from its general fund, water authority fund or
from moneys derived from a bond issue
authorized by election for the benefit of
certain property, the water main construction charges thereafter received by the city, within fifteen (15) years from the date of
the completion of the installation of such
extension, for subsequent service connections thereto from all other property, shall be refunded to the person who paid for such
extension or to such person's successors or
assigns; provided, that the amount of such
refund shall in no case exceed the actual
cost of such extension less the amount which
would have been required to be paid by this
chapter as a water main construction charge
for service to the property for the benefit of
which the extension was originally made.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.180 Installation in new
subdivisions.
A. Where a water main extension is
required to serve property in a new subdivision, the provisions of Sections 13.03.176,
13.03.177 and 13.03.179 shall apply. Ifthere
528.57
13.03.181
is an existing water main from which such
property or any portion thereof may be
served, water main construction charges as
provided for by Sections 13.03.174 and
13.03.175 shall be paid by the sub-divider.
B. Where it is necessary to install pumping and reservoir equipment to establish and maintain adequate water pressure and
supply for service to new subdivisions, as
determined by the utilities general manager,
the applicant shall deed to the city permanent graded sites and access thereto for such equipment; shall pay the cost of the connecting main to the water storage facility, shall pay the benefiting cost of booster
pumping and water storage facilities, and
other necessary appurtenances. Benefiting
costs as determined by the utilities general
manager, shall be the ratio which the property bears to the total area of the territory, served or to be served by such booster pumping and water storage facilities and the benefits which it will receive from such facilities and shall fix the amount of the charge accordingly.
C. In addition to providing the water
system in the subdivision and other water
facilities and their costs as required in this
section, the developer shall pay to the department such amount as is required, in the judgment of the utilities general manager,
to conform off-tract water facilities to the
requirement of the subdivision. The design
of the water facilities for the subdivision
and of all off-site water facilities shall conform to the requirements of the department and shall comply with all applicable ordinances, rules and regulations.
D. The applicant shall also deed to the
city all rights-of-way that may be necessary
for permanent or temporary pipelines or
other equipment.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.181 Territory annexed.
A. All territory annexed after January
1, 2012 and to be served with water by the
(Coachella Supp. No. 16)
Item 19.
13.03.181
city shall provide distribution mains meeting department standards and specifications. These distribution mains shall be installed and conveyed to the city. If on the date of annexation of any territory to the
city, the distribution mains in place do not
meet city standards and specifications, they
shall be replaced with mains meeting such
standards and specifications at the expense
of the property owners to be benefitted.
When the department determines that a
substandard main existing on the date of
annexation is adequate to serve the property adjacent thereto for a substantial number of years, in lieu of immediate construction of a new main, such existing substandard main may be conveyed to the
city, and a special area charge shall be paid
to the development on behalf of each parcel of property adjoining such main before water service is provided to such parcel by
the city. Such special area charge shall be
calculated by the department so as to recover from the owners of property benefitted, on the basis of area, their share of the cost of replacing the substandard main with
a main meeting city standards and specifications. The detailed formula for calculating such charges and the method of payment shall be prescribed in rules and regulations adopted pursuant to this chapter.
B. In addition to requirement of subsection A of this section, all territory annexed after January 1, 2012, shall pay for the cost of acquiring and constructing the
supply and transmission mains and water
producing, pumping and storage facilities
required to serve such territory and pay a
proportionate share of the unpaid cost of
other supply and transmission mains and
water producing, pumping and storage facilities which benefit such territory. The costs shall be determined by the department and
(Coachella Supp. No. 16) 528.58
method of payment shall be prescribed in
rules and regulations adopted pursuant to
this chapter.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.182 Variances.
Where the strict enforcement of the provisions of this chapter will present practical difficulties or work unnecessary hardships
or will result in an ultimate cost or charge to
an applicant for water service which is not
or will not be commensurate with the benefits to be received, the utilities department shall fix the amount of such cost or charge
in such an amount and may prescribe such
conditions respecting refunds and such conditions relating to service as are in harmony with the purposes and spirit of this chapter.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.183 Distribution system water
pressure.
Any distribution system extension requiring a new water system pressure service zone shall be designed to provide a minimum operating pressure throughout the new distribution system zone of no less than
sixty-five (65) pounds per square inch at all
times.
The pressure for compliance is measured at the "service connection" to the water main in the street. (Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.184---13.03.200 Reserved.
Article V
Water Meters
13.03.201 Water meters.
The department shall furnish, set and
maintain all meters, and the charges for the
meters and installation shall be at the expense of the owner of the premises.
A. Water Meters. Water meters shall
be installed on all water services. For new
Item 19.
meter installations an application fee in an
amount established by the city council or
authority will be charged for each water
meter to be installed at that premises.
B. Detector Check Meters. There shall
be installed on all private fire line connections a check valve of a type approved by the National Board of Fire Underwriters
and equipped with a bypass meter. Detector check meter charges are in an amount established by ordinance of the city council
or authority.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.202 Monthly readings-Special
readings.
In order to determine the rates to be
charged each customer of water under the
terms of this chapter, meters shall be placed
upon each service connection to measure
the water furnished or delivered, except in
cases of the rates specified in Sections
13.03.104and 13.03.108. All meters shall be
read by the department at intervals of approximately one month, or as nearly so as the convenient operation of the department
will permit except as provided for in Section
13.03.203. The interval between two successive meter readings shall be deemed and regarded as a month for the purposes of
this chapter, and all rates shall be computed
accordingly. When service is commenced or
discontinued between regular meter readings, the customer charge will not be prorated and the bill shall be the customer charge applicable to the size meter through
which such service is taken plus the commodity charge. (Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.203 Bimonthly readings--
Computation of bill-Special
readings.
A. The utilities department may cause
bimonthly reading of meters for all or any
528.59
13.03.204
portions of the system whenever it determines that such practice will result in a more economical collection of bills for water. When such bimonthly reading of meters occurs, the department shall read such meters at intervals of approximately two
months, or as near thereto as the convenient operation of the department will permit, and the interval between two successive meter readings shall be deemed and regarded as two months for the purposes of
this chapter.
B. The customer charge shall be twice
the customer charge prescribed in this chapter, and the commodity charge shall be computed by applying the rates prescribed in this chapter to one-half(½) the water consumed during a two-month period and multiplying the results by two. When service is commenced or discontinued between regular meter readings, the customer charge will not be prorated and the bill shall be the
customer charge applicable to the size meter through which such service is taken if service period is one month or less, or twice
such customer charge if service is for a
period in excess of one month, plus in either
case the commodity charge.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.204 Separate water meters
required-Exception.
A separate meter shall be placed for
each individual residential dwelling unit and
upon each separate service connection and
the rate to be paid shall be computed separately upon each meter. For multi-residential buildings the department may install less than one meter for each resident dwelling unit when needed to meet other goals of the city's general plan.
For nonresidential services, the department may in lieu of a single meter and where special operating or service conditions require, install such number of meters (Coachella Supp. No. 16)
Item 19.
13.03.204
on a service connection as shall be necessary to equal the capacity of such a single meter. For billing purposes, the consumption as registered by a battery of meters installed pursuant to this section shall be
combined and charged for at such rate including the monthly minimum charge, as though the water were supplied through a
single meter.
Meters shall be installed in close proximity to the building itself and screened in a manner required by the city. Installation of
meters in the parkway next to the street
curb may be allowed if the number of meters is four or fewer and the configuration of the parkway shows that the location is
appropriate. The technical specifications of
the installation shall be as required by the
utilities general manager.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.205 Ownership-Replacement
and repairs.
All water service connections, meters
and housings installed by the department
or conveyed to the department, however
provided for, shall remain at all times the
property of the city and shall be maintained, repaired and renewed by the department when rendered unserviceable through reasonable use. Where replacement, repairs
or adjustments are rendered necessary by
the act, negligence or carelessness of the
customer, any member of the customer's
family, person in the customer's employ, or
agent of the customer, any expense caused
to the city thereby shall be charged and
collected from the customer. The water meter may not be altered or tampered with or removed by anyone other than the city of
Coachella utilities department personnel.
No meter seal may be broken by anyone
other than the city of Coachella utilities
department personnel. Utilities department
may give its prior consent to seal breaking
(Coachella Supp. No. 16) 528.60
by the customer when deemed necessary by
the utilities department. Unauthorized alteration, tampering or removal by any party, including a licensed plumber, will result in
the customer being charged unauthorized
meter alteration fees and any other applicable charges described in subsection H. No rent or charge will be paid by the department where such facilities are located on the customer's premises. The department may
relocate its facilities as required by operating conditions, and may relocate any and all of its facilities from customer's premises at
the termination of service.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.206 Meter tests.
A. Whenever the accuracy of a water
meter is questioned, the customer may demand that the meter be examined and tested by the department. Such demand shall be
made in writing to the department, and
shall be accompanied by a deposit in an
amount established by ordinance of the city
council or authority. Upon receipt of such
demand and deposit, the department shall
cause the meter to be examined and tested.
Such customer shall have the right to require the department to conduct the test in the customer's presence or in the presence
of an expert or other representative appointed by the customer.
B. If the meter shall be found to register over two percent more than actually passes through it under conditions of normal operation, then the meter shall be properly adjusted or another meter will be substituted therefor, and the deposit shall be refunded to the customer. If the meter is
found to register not over two percent more
than actually passes through it, the deposit
shall be retained by the department as partial compensation for the examination and test.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
Item 19.
13.03.207 Adjustment of bills for meter
error.
A. When a meter is found to register
over two percent more than actually passes
through it, the department will refund to
the customer the overcharge based on the
corrected meter readings for the period in
which the meter was in use, not exceeding
six months; provided, that if the actual cause
and period of error can be definitely determined, the correction shall be made to cover such period.
B. If the meter upon test as herein provided is found not to register or to register less than ninety-eight (98) percent of the
actual usage, an average bill or a bill for the
water used but not covered by the bills previously rendered, for a period not to exceed six months, shall be rendered to the customer by the department; provided, that if the actual cause and period of error can be
definitely determined, the correction may
be made to cover such period.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.208 Access to water meter.
A. All meters used for billing purposes
will be furnished and installed by the department on the customer's premises in accordance with the "water service requirements" of the department and so located and spaced
as to be accessible for inspection, reading,
and testing. The owner of any premises
shall, at the owner's expense, provide extension to the owner's plumbing for an approved meter location to comply with the foregoing whenever the existing meter has
become inaccessible for inspection, reading, and testing by reason of changes in building or any changes made for the convenience of tenant or owner.
B. For billing purposes, if a water meter becomes inaccessible for inspection, reading, or testing, the department shall make 528.61
13.03.255
reasonable estimates of water usage, until
such time as access to the meter is restored.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.209-13.03.240 Reserved.
Article VI
Backflow Prevention
13.03.254 Purpose.
The purpose of this chapter is:
A. To protect the public water supply
of the city by isolating the customer's water
system from the city water service, thus preventing contamination or pollution from the customer's premises to the city water
system;
B. To eliminate both potential and existing cross-connections between the potable water system and non-potable water systems within the customer's premises; C. To maintain the backflow prevention program by administering an inspection and testing program of backflow prevention assemblies installed near the meter. (Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.255 Policy.
A. The city of Coachella utilities department has a responsibility to protect the public water system from contamination
caused by the backflow of contaminants
through the water service connection. If in
the judgment of the department, where contamination is possible, an approved backflow prevention assembly is required, the department shall give notice to the customer to install the approved assembly or assemblies
at the service connection to the premises.
The customer shall immediately install the
approved assembly or assemblies at the customer's own expense. Failure, refusal or inability on the part of the customer to install the approved assembly or assemblies shall
constitute grounds for disconnecting water
(Coachella Supp. No. 16)
Item 19.
13.03.255
service to the premises until the backflow
assembly or assemblies have been installed.
B. These regulations shall apply to all
premises served water by the department.
C. These regulations are adopted pursuant to the state of California Administrative Code Title 17, Public Health, entitled "Regulations Relating to Cross-Connections" and all subsequent amendments. This title requires that each water purveyor develop and implement a comprehensive backflow prevention program for protecting the public water supply from contamination or pollution. (Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.256 Definitions.
The following words and phrases shall
have the meanings ascribed to them, unless
otherwise noted:
"Approved backflow prevention assembly" means a device or a physical separation that has been designed specifically for preventing the backflow of water or liquid from entering the system and the device
that has passed laboratory and field evaluation tests performed by a recognized testing organization which has demonstrated their competency to perform such tests to
the California Department of Public Health.
"Approved water supply" means any water supply whose use is regulated by the state or local health agency.
"Auxiliary supply" means any water supply on or available to the premises other than the city water supply.
"AWWA standard" means an official
standard developed and approved by the
American Water Works Association
(AWWA).
"Backflow" means a flow condition,
caused by a differential in pressure, that
causes the flow of water or other liquids,
gases, mixtures or substances into the distributing pipes of a potable supply of water (Coachella Supp. No. 16) 528.62
from any source or sources other than an
approved water supply source. Back siphonage is one cause of backflow. Back pressure is the other cause.
"Backflow prevention supervisor" means
a person, designated by the utilities general
manager and at the expense of the water
user, to maintain the backflow prevention
assemblies and to prevent cross-connections on the premises. "City water system" means the source
facilities and distribution system under the
control of the utilities department up to
and including the meter.
"Contamination" means an impairment
of the quality of the potable water by sewage, industrial fluids or waste liquids, compounds or other materials to a degree which creates an actual or potential hazard to the
public health.
"Cross-connection," means and includes
any unprotected actual or potential connection or structural arrangement between a potable water system used to supply for
drinking purposes and any source or system containing unapproved water or a substance that is not or cannot be approved as safe, wholesome and potable. Bypass arrangements, jumper connections, removable sections, swivel or change-over devices and other temporary or permanent devices
through which or because of which
"backflow" can or may occur are considered to be cross-connections. "Customer's water system" means and
includes all facilities beyond the service meter. The system or systems may include both potable and non-potable water systems.
"Department," when used in this chapter, means the utilities department of the city.
"Double check detector assembly"
(DCDA) means a backflow prevention device consisting of a line size double check valve assembly in parallel with a detector
Item 19.
meter and meter size double check valve
assembly. Each double check valve assembly is to be equipped with properly located test cocks and a tightly closing shutoff valve
at the end of the assembly.
"Double check valve assembly" (DCVA)
means an assembly composed of at least
two independently acting check valves including tightly closing shutoff valves on each side of the check valve assembly and
test cocks available for testing the watertightness of each check valve. "Double check valve backflow prevention assembly" (DCV) means a backflow prevention device consisting of two independently operating spring-loaded check valves. In the event one valve is obstructed,
the second valve should close to prevent
reverse flow. The device should include
tightly closing resilient seated shutoff valves
at each end of the assembly and be fitted
with properly located resilient seated test
cocks.
"Hazard, degree of." "Degree of hazard" is a term derived from an evaluation of the potential risk to public health and the
adverse effect of the hazard upon the potable water system.
1. "Health hazard" means any condition, device, or practice in the water supply system and its operation which could create, or in the judgment of the division, county or state health official, may create a
danger to the health and well-being of the
water customer.
2. "Plumbing hazard" means a plumbing type cross-connection in a customer's potable water system that has not been properly protected by an approved air-gap or approved backflow prevention assembly.
3. "Pollution hazard" means an actual
or potential threat to the physical properties of the water system or to the drinkability of the public of the customer's potable water system but which would constitute 528.63
13.03.256
a nuisance or be aesthetically objectionable
or could cause damage to the system or its
appurtenances, but would not be dangerous
to health.
4. "System hazard" means an actual or
potential threat of severe damage to the
physical properties of the public potable
water system or the customer's potable water system or of a pollution or contamination which would have a protracted effect on the quality of the potable water in the
system.
"Health agency" means the California
Department of Public Health.
"Local health agency" means the County
of Riverside Department of Public Health.
"Person" means an individual, corporation, company, association, partnership, municipality, public utility or other public body or institution.
"Pollution" means the presence of any
foreign substance ( organic, inorganic or biological) in water which tends to degrade its quality so as to constitute a hazard or impair the usefulness or quality of the water to a degree which does not create an actual
hazard to the public health but which does
adversely and unreasonably affect such waters for domestic use. "Premises" means any and all areas on a
customer's property which are served or
have the potential to be served with water.
"Public water system" means a system
for the provision of piped water to the public for human consumption by the city. "Reduced pressure detector check assembly" means a backflow prevention device consisting of a line size reduced pressure principle device in parallel with a detector meter and meter size reduced pressure principle device. Each reduced pressure principle device is to be equipped with properly located test cocks and a tightly
closing shutoff valve at each end of the
assembly.
(Coachella Supp. No. 16)
Item 19.
13.03.256
"Reduced pressure principle backflow
prevention assembly" (RPBA) means an assembly incorporating not less than two independently acting approved check valves together with an automatically operated differential relief valve located between the check valves. The unit shall include properly located test cocks and tightly closing shutoff valves at each end of the assembly.
"Service connection" means the point
of connection of a user's piping to the water
supplier's facilities.
"Water supplier" means the city of
Coachella utilities department.
"Water user" means any person obtaining water from an approved water supply system.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.257 Cross-connection prohibited.
No water service connection shall be
installed or maintained to any premises
where actual or potential cross-connections
are known to exist unless such cross-connections are abated or controlled to the satisfaction of the department.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.258 Surveys and investigations.
A. Existing Facilities. At all reasonable times, the customer's premises shall be open to the department for the purpose of
conducting surveys and investigations to
determine whether there are actual or potential cross-connections within the customer's premises through which contamination or pollution could backflow into the city
water system, provided, however, that the
department will seek permission to enter
any occupied residence unless there exists
an emergency or condition immediately
threatening the public health, safety or welfare.
B. New Buildings and Facilities. The
city development services and engineering
(Coachella Supp. No. 16) 528.64
departments, in cooperation with the utilities department, will review plans and other conditions to determine if a backflow assembly is required or waived as water service protection for new buildings and facilities. If the installation of a backflow prevention assembly is required in the building or as a meter protection, a plumbing permit shall be issued by the city to comply
with the city plumbing code. Existing commercial and industrial buildings and facilities will be reviewed for compliance with City backflow prevention ordinance when
changes in occupancy occur or when required by the utilities general manager. (Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.259 Type of protection required.
A. The type of protective device that
may be required to prevent backflow into
the approved water supply (listing in an
increasing level of protection) includes: double check valve assembly (DC), reduced pressure principle backflow prevention assembly (RP}, and an air-gap separation (AG).
The customer may choose a higher level
protection than required by the department.
B. The minimum types of backflow
protection that shall be installed on customer's premises at the service connection whenever the following degrees of hazard exist are as follows:
Item 19.
13.03.259
Minimum Type of
Degree of Hazard Prevention Backflow Prevention
1. Sewage and Hazardous Substances.
a. A system where the city water system is used AG
to supplement a recycled water supply. If an
emergency exists where potable water is connected to a recycled water system, potable water system shall be isolated by an air-gap
separation as determined by the utilities general manager and the health agency. An approved backflow prevention assembly shall be installed on the potable water line.
b. A system where there are wastewater pump- AG
ing and/or treatment plants and there is no
interconnection (but the potential exists)
with the city water system. This includes
multifamily buildings, but not a single-family
residence, that has a sewage lift pump. A
reduced pressure principle backflow prevention assembly may be provided in lieu of an air-gap if approved by the utilities general
manaj!;er and the health aj!;encv.
C. A system where recycled water is used and AG
there is no interconnection (but the potential
exists) with the potable water system. A reduced pressure principle backflow prevention assembly may be provided in lieu of an air-gap if approved by the utilities general
manaj!;er and the health agencv.
d. A system where hazardous substances are AG
handled such as to create an actual or potential hazard to the city water system. This shall include systems having auxiliary water
supplies, tanks or industrial piping systems
containing process fluids or used waters
originating from the city water system which
are no longer under the sanitary control of
the city. This, however, does not include a
single-family residence that has a sewage lift
pump. A reduced pressure principle
backflow prevention assembly may be provided in lieu of an air-gap if approved by the utilities general manager and the health
agency.
e. A system where there are irrigation systems RP
into which fertilizers, herbicides or pesticides
are, or can be, injected.
2. Auxiliary Water Supplies.
528.65 (Coachella Supp. No. 16)
Item 19.
13.03.259
Minimum Type of
Degree of Hazard Prevention Backflow Prevention
a. A system where there is an unapproved aux- AG
iliary water supply which is interconnected
with the public water system. A reduced
pressure principle backflow prevention assembly may be provided in lieu of an air-gap if approved by the utilities general manager
and the health agency.
b. A system where there is an unapproved aux- RP
iliary water supply and there are no interconnections with the public water system. A double check valve assembly may be provided in lieu of a reduced pressure principle backflow prevention assembly if approved
by the utilities general manager and the
health agency.
3. Fire Protection Systems. All fire protection systems will be required to have backflow prevention devices as described below. However, Class I and Class II fire protection systems will be exempt from these requirements. Class I and Class II fire protection systems are defined under Section 13114.7 of the California Health and Safety Code (Refer to AWWA Manual M-14).
a. A fire system that is directly supplied or RP reduced pressure from the public water system and an unap- detector check assemproved auxiliary water supply is available for bly use on or to the premises (not interconnected). A double check valve assembly may be provided in lieu of a reduced pressure
principle backflow prevention assembly if
approved by the utilities general manager
and the health agency.
b. A fire system that is supplied from the public AG
water system and interconnected with an
unapproved auxiliary water supply. A reduced pressure principle backflow prevention assembly may be provided in lieu of an air-gap if approved by the utilities general
manager and the health agency.
C. A fire system supplied by the recycled water AG
and the department's water system is used as
a suoolemental suooly.
d. A fire system that is supplied from the de- AG
partment's water system and there exists a
recycled water supply to the premises (not
interconnected). An RP assembly may be
provided in lieu of an AG if approved by the
utilities general manager and the health
agency.
(Coachella Supp. No. 16) 528.66
Item 19.
13.03.259
Minimum Type of
Degree of Hazard Prevention Backflow Prevention
e. A fire system that is supplied from public RP or reduced preswater system and where either elevated stor- sure detector check age tanks or fire pumps which take suction assembly
from the private reservoirs or tanks are used.
A double check valve assembly may be
proved in lieu of a reduced pressure principle
backflow prevention assembly if approved
by the utilities general manager and the
health agency.
f. A fire system that is interconnected with DC or double check more than one service connection from the detector check assemcity water system and check no other system bly hazard exists.
4. Other Systems.
a. A system that requires a booster pump on RP
RP the service connection line. (For fire service requirements, refer to subsection (B)(3)(e) of this section.)
b. A system where there are intricate plumbing RP
and piping arrangements or where entry to
all portions of the premises is not readily
accessible for inspection purposes making it
impracticable or impossible to ascertain
whether or not cross-connections exist.
C. A system that is restricted, classified or RP
closed to on-site inspection.
d. A system where there is a repeated history of RP
cross-connections being established or reestablished within customer's premises. e. A system with internal cross-connections RP
that cannot be permanently corrected and
controlled to the satisfaction of the utilities
general manager and the health agency.
f. Two or more services supplying water from DC
different street mains to the same building,
assembly, structure or premises through
which an inter-street main flow may occur,
shall have a double check valve on each water service to be located adjacent to and on the property side of the respective meters.
g. Other systems which may be specified by the
department from time to time.
Devices to be specified
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
528.67 (Coachella Supp. No. 16)
Item 19.
13.03.260
13.03.260 Backflow prevention
assemblies.
A. Approved Backflow Prevention Assemblies. Only backflow prevention devices which have been approved by the utilities
general manager shall be acceptable for installation by a water user connected to the public water system.
B. Backflow Prevention Assembly Installation.
1. The approved backflow assembly
shall be installed at the expense of the customer.
2. Air-Gap Separation (AG). The airgap separation shall be located on the customer's premises as close to the service connection as is practical. All piping from the service connection to the receiving tank shall
be above grade and be entirely visible. No
water use shall be provided from any point
between the service connection and the airgap separation. The water inlet piping shall terminate a distance of at least two (2) pipe
diameters of the supply inlet, but in no case
less than one (1) inch above the overflow
rim of the receiving tank as specified in the
current edition of the Uniform Plumbing
Code requirements for minimum air-gaps
for water distribution.
3. Reduced Pressure Principle Backflow
Prevention Assembly (RP). The approved
reduced pressure principle backflow prevention device shall be installed on the customer's premises and as close to the service connection as is practical. The device shall
be installed a minimum of twelve (12) inches
above grade and no more than thirty-six
(36) inches above grade measured from the
bottom of the device and with a minimum
of twelve (12) inches side clearance. The
assembly shall be installed so that it is readily accessible for maintenance and testing.
Water supplied from any point between the
service connection and the RP device shall
be protected in a manner approved by the
utilities general manager.
(Coachella Supp. No. 16) 528.68
4. Double Check Valve Assembly (DC).
The approved double check valve assembly
shall be located as close as practical to the
user's connection and shall be installed horizontally above grade and in a manner where it is readily accessible for testing and maintenance. If it is necessary to put a double check valve assembly below the grade, upon
the approval of the assistant general manager and the local health agency, it must be installed in a vault such that there is a minimum of twelve (12) inches between the bottom of the vault and the bottom of the
assembly so that the top of the assembly is
not more than a maximum of eight (8)
inches below grade, so there is a minimum
of twenty-four (24) inches of clearance between the side of the assembly with the test cocks and the side of the vault, and a minimum of twelve (12) inches clearance between the other side of the assembly and the side of the vault. The vault must have
adequate drainage to prevent flooding. Special consideration must be given to double check valve assemblies of the "Y" type. These
devices must be installed on their "side"
with the test cocks in a vertical position so
that either check valve may be removed for
service without removing the assembly.
Vaults which do not have an integrated bottom must be placed on a three-inch layer of gravel.
5. Approved backflow assemblies shall
have at least the same cross-sectional area
as the water meter. If a continuous water
supply is necessary, two sets of approved
backflow assemblies shall be installed in
parallel. Where parallel assemblies are required, the sum of the cross-sectional areas of the assemblies shall be at least equivalent
to the cross-sectional area of the meter.
6. There shall be no outlet, tee, tap or
connection of any sort between the water
meter and the approved backflow assembly.
Item 19.
A "Y" strainer and/or pressure-reducing
valve installed before the approved backflow
assembly are the only exceptions.
7. Approved backflow assemblies shall
not be bypassed, made inoperative or removed without specific written authorization by the utilities general manager.
8. Approved backflow assemblies shall
be protected, when necessary, from extreme
weather or site condition that could cause
physical damage to or malfunction of the
backflow assembly.
C. Backflow Prevention Device Testing and Maintenance.
1. The owners of any premises on
which, or on account of which, backflow
prevention assemblies are installed, shall
have the assemblies tested by a certified
backflow prevention assembly tester licensed
by the local health agency. Backflow prevention assemblies must be tested at least annually and immediately after installation, relocation or repair. The department may
require a more frequent testing schedule if
it is determined to be necessary by the utilities general manager. No device shall be placed back in service unless it is functioning as required. A report in a form acceptable to the city shall be filed with the utilities department each time a device is tested, relocated or repaired. These devices shall be
serviced, overhauled or replaced whenever
they are found to be defective and all costs
of testing, repair and maintenance shall be
borne by the water user.
2. The department will supply affected
water users with a list of certified backflow
assembly testers licensed by the local health
agency to test backflow prevention assemblies. The department will notify affected customers by mail when annual testing of a
device is needed and also supply users with
the necessary forms which must be filled
out each time a device is tested or repaired.
528.69
13.03.261
D. Backflow Prevention Assembly Removal.
1. Approval must be obtained from the
utilities general manager before a backflow
prevention assembly is removed, relocated
or replaced.
a. Removal. The use of a device may
be discontinued and the device removed
from service upon presentation of sufficient evidence to the utilities general manager to verify that a hazard no longer exists or is not likely to be created in the future.
b. Relocation. An assembly may be relocated following confirmation by the general manager that the relocation will continue to provide the required protection and satisfy installation requirements. A retest
will be required following the relocation of
the device.
c. Repair. An assembly may be removed for repair, provided the water use is either discontinued until repair is completed and the device is returned to service, or the service connection is equipped with
other backflow protection approved by the
utilities general manager. A retest will be
required following the repair of the assembly.
d. Replacement. An assembly may be
removed and replaced provided the water
use is discontinued until the replacement
assembly is installed. All replacement assemblies must be approved by the utilities general manager and must be commensurate with the degree of hazard involved. (Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.261 Backflow prevention
supervisor.
At each of the premises, where a determination has been made that backflow protection is necessary, a "backflow prevention supervisor" shall be designated by and at
the expense of the water customer. Such
backflow prevention supervisor shall be re-
(Coachena Supp. No. 16)
Item 19.
13.03.261
sponsible for the monitoring of the backflow
prevention assemblies and for avoidance of
cross-connections. In the event of contamination or pollution of the drinking water system due to a cross-connection on the
premises, the utilities general manager shall
be promptly notified by the backflow prevention supervisor so that appropriate measures may be taken to overcome the contamination. The water customer shall inform the utilities general manager of the backflow
prevention supervisor's identity, mailing address, email address and telephone number on an annual basis and whenever a change
occurs.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.262 Administrative procedures.
A. Water Supply Survey.
l. The utilities general manager and
his/her designee shall review all requests for
new services to determine if backflow protection is needed. Plans and specifications must be submitted to the utilities general
manager upon request for review of possible cross-connection hazards as a condition of service for new service connections. If it
is determined that a backflow prevention
assembly is necessary to protect the public
water system, the required device must be
installed before service will be granted.
2. The utilities general manager may
require an on-premises inspection to evaluate cross-connection hazards. 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 utilities general manager considers necessary.
3. The utilities general manager may
require a reinspection for cross-connection
hazards of any premises to which water is
serviced by the department. Any customer
who cannot or will not allow an on premises reinspection of their piping system shall (Coachella Supp. No. 16) 528.70
be required to install, at the meter, the
backflow prevention assembly the utilities
general manager considers necessary.
B. Customer Notification-Device Installation.
1. The utilities general manager shall
notify the water user of the survey findings,
listing corrective action to be taken if required. A period of thirty (30) days shall be given to complete all corrective action required including installation of backflow prevention assemblies. The notice shall be
in writing and shall also state that service to
the water use may be terminated should the
water user fail to take the required corrective actions within the allotted time period.
2. If the required corrective action is
not taken within the 30-day period as provided in subsection (B)(l) above, the utilities general manager may terminate water service to the affected water user until the
subject device is installed and tested with
passing results.
C. Customer Notification-Testing
and Maintenance.
1. The utilities general manager shall
notify each affected water user when it is
time for the backflow prevention assembly
installed on their service connection to be
tested and verified, by a certified assembly
device tester, to be functioning correctly.
Said notice shall be in writing and shall
provide the water user thirty (30) days to
have the device tested. The notice shall include the necessary form( s) to be completed and resubmitted to the department by the
water user. The written notice shall also
state that service to the water user may be
terminated should the water user fail to
take the required corrective actions within
the allotted time period.
2. If the required action is not taken
within the thirty-day period as provided in
subsection (C)(l) above, the utilities general
Item 19.
manager may terminate water service to the
affected water user until the subject device
is tested with passing results.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.263 Water service termination.
A. General. When the department encounters water uses that represent a clear and immediate hazard to the potable water
supply that cannot be immediately abated,
the utilities general manager shall institute
the procedure for terminating the water service.
B. Basis for Termination. Conditions
or water uses that create a basis of water
service termination shall include, but are
not limited to, the following items:
1. Refusal to install 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. Removal and/or bypassing without
prior approval of a backflow assembly where
required;
6. Direct or indirect connection between the public water system and a sewer line;
7. Unprotected direct or indirect connection between the public water system and a system or equipment containing contaminants;
8. Unprotected direct or indirect connection between the public water system and an auxiliary water system;
9. A situation which presents an immediate health hazard to the public water system;
10. Non-designation of a user's supervisor when required within a specific time period;
13.03.264
11. Non-submission of records of tests,
repairs and maintenance to the department
upon a second letter request of their submission; and
12. Non-payment of fees/charges incurred by the department in connection with the administration of the backflow prevention program.
13. Maintenance and utilization of
backflow prevention device(s) which is/are
not approved by the department.
C. Water Service Termination Procedures.
1. For conditions in subsection (B)(l),
(2), (3), (4), (10), (11) or (12) of this section,
the water service to a customer's premises
shall be terminated after two 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.
2. For conditions in subsection (B)(5),
( 6), (7), (8) or (9) of this section, the following steps shall be taken by the department:
a. Make reasonable effort to advise water user of intent to terminate water services; b. Terminate water supply and lock service valve. The water service shall remain inactive until correction of violations has
been approved by the utilities general manager and any charges due to the department have been paid by the water customer.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.264 Backflow prevention
assembly charge.
Where backflow prevention assemblies
must be maintained and tested, an administrative fee established by ordinance of city council or Authority to be billed per month
per backflow prevention assembly shall be
charged.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
528.71 (Coachella Supp. No.16)
Item 19.
13.03.265
13.03.265 Noncompliance.
A. Upon noncompliance by the water
user following the notice pursuant to Section 13.03.260(C)(2) regarding the periodic testing of the backflow prevention assembly, the department shall have the option, at its sole discretion, of hiring a certified contractor to test the backflow prevention assembly, terminating water service, or pursuing any other available remedy. In addition to any available remedy, the department
may charge and collect an administrative
penalty in the amount of two hundred fifty
dollars ($250.00) per assembly device in addition to any other amounts due from the customer including, but not limited to, costs
associated with the testing, repair and/or
replacement of the assembly device, any
related equipment and city personnel time
and resources connected to the necessary
remedial actions. Nonpayment of such expenses and fee may result in termination of water service or additional administrative,
legal, equitable or other remedies.
B. Upon noncompliance by the user
following the thirty (30) days notice pursuant to Section 13.03.260(B)(l)regardingthe installation of the required backflow prevention assembly, the department shall have the option, at its sole discretion, of installing or hiring a licensed contractor to install the approved assembly, terminating water
service, or pursuing any other available remedy. In addition to any available remedy, the department may charge and collect an administrative penalty in the amount of two hundred fifty dollars ($250.00) per assembly device in addition to any other amounts due from the customer including, but not
limited to, costs associated with the installation of the device and city personnel time and resources connected to the necessary
remedial actions. Nonpayment of such fee
and expenses may result in termination of
water service or additional administrative,
legal, equitable or other remedies.
(Coachella Supp. No. 16) 528.72
C. Any water user whose water service
has been terminated under the provisions
set forth in subsection (A) or (B) above,
shall have the service reconnected only upon
proper installation, assembly and/or testing
of the assembly device(s) and the payment
of all outstanding penalties, fees and costs.
D. Any user who has been assessed
administrative penalties and costs by the
department as a result of noncompliance
pursuant to the provisions contained in subsection A or B above, may appeal the assessment of administrative penalties and costs described pursuant to Sections 13.02.780
and 13.02.785.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.266-13.03.269 Reserved.
Article VII
Capital Facilities Expansion Fee and Fund
13.03.270 Intent and purpose.
The city council hereby declares that
the fees required to be paid by this article
are solely for the purpose of producing revenue. The continued increase in housing in the city, with the attendant increase in water, has created an urgent need to provide the necessary water facilities and the financing thereof. (Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.271 Water facilities expansion
fee.
A. In addition to any other fees prescribed by this code, water facilities expansion fees shall be payable to the city for all new dwelling units and mobile home or
trailer spaces which will make use of the
water facilities of the city.
B. Every person constructing a dwelling in a different location or providing a new dwelling unit in a one-family or multifamily dwelling, dwelling group, apartment
Item 19.
hotel or mobile home or trailer providing
trailer spaces in a mobile home or trailer
park, shall pay a water facilities expansion
fee in an amount established by city council
or authority. Every person constructing a
nonresidential, industrial or commercial
building, moving an industrial or commercial building to a different location, providing a new industrial or commercial facility shall pay a water facilities expansion fee in
an amount established by ordinance of the
city council or authority. The water facilities expansion fee shall be paid prior to the issuance of the building permit for the subject unit or space.
C. The water expansion fee will be determined based on the fee in effect at the time of building or water service permit
issuance for the expanding development.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.272-13.03.285 Reserved.
13.03.286 Policy.
It is the policy of the city council that
the water service be operated as a utility,
and that it shall be operated in a prudent
manner with adequate reserves to meet emergencies, to replace and to upgrade parts of the system as needed.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.287 Funds established.
The following water funds are to be
created and maintained:
1. Maintenance and operating fund.
The water maintenance and operating fund
is to be created and maintained for the purpose of paying for the expenses associated with the maintenance and operation of the
water system. Such expenses are to include
direct water treatment, distribution, and
pumping costs, direct accounting and billing costs, and direct preventative and emergency water storage, pumping, treatment, 528.73
13.03.287
and distribution system maintenance costs,
as well as general and departmental overhead as defined in Section 13.01.010. The source of the money for this fund is to be
water permit fees, interest earnings and water service charges. Refundable water deposits provided by property owners are accounted for within this fund, and the amount of such deposits shall not be reflected in the
fund balance.
2. Water replacement fund. The water
replacement fund is to be created and maintained for the purpose of paying for replacing and upgrading parts of the water system as they wear out, deteriorate or become obsolete. All items deemed to be replacement of existing facilities shall be paid for from this fund. The source of the money for
this fund is to be through city council authorized transfers from the water maintenance and operating fund. Such transfers are to be authorized so that funds will be
available to pay for future replacement of
parts of the water system. The determination as to the amount of money to be held in this fund will be made by taking into
consideration the estimated life and replacement cost of the various parts of the sewer system using the following formula:
The summation of the following:
(Replacement cost of water system
facility additions) X (0.10) X (Age
of water system facilities) 0 (75 years)
3. Water capital fund. The water capital fund is to be created and maintained for the purpose of paying for new water facilities found necessary because of the development of the city. Such facilities could include, but are not limited to, pumping
stations, water tanks, wells, treatment plants,
imported water, transmission mains, meters, distribution system, booster stations, and any necessary equipment. An annual
appropriation shall be made from this fund
for general and department overhead. The
(Coachella Supp. No. 16)
Item 19.
13.03.287
source of the money for this fund is to be
water connection charges, interest earnings,
water installation charges, property assessments, and government grants.
4. Water facilities expansion fund. The
water facilities expansion fund is to be created and maintained for the purpose of paying for water facilities needed for the
expansion of the city including, but not
limited to, wells, treatment plants, booster
stations, transmission mains, imported water, and other necessary appurtenances to properly expand the city's water system.
The source of the money for this fund is to
be the water facilities expansion fee collected pursuant to section 13.03.271. (Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.288 Appropriations.
Appropriations from the various funds
provided for in this article shall be pursuant
to authorization in the annual budget or by
special action of the city council.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.289 Allocation of interest
earnings.
Moneys in the water funds may be commingled with moneys in other funds for cash management and interest earnings purposes, but each water fund shall be credited with its pro rata share of all interest earnings based on the fund's average balance. (Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.290 Loans from water funds.
Loans between water funds or to other
funds may only be made pursuant to authorization of the city council and shall be for a specific time period. During such time that
moneys are on loan from any fund, interest
shall be paid annually to the fund. The
interest rate during this loan period shall be
at least the average rate for the city's interestbearing deposits during the loan duration. (Coachella Supp. No. 16) 528.74
No loans shall be made from the maintenance and operating fund and the water replacement fund. Existing loans shall be
brought into compliance with this section
within five years.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.291 Allocation of personnel and
equipment costs.
A. Personnel. The total number of employees in the water maintenance and operating budget shall be determined using the following formula:
(Total number actual hours proposed
to be charged to the water maintenance
and operating fund for permanent employees for the proposed operating budget) 0 (2,080 hours) Personnel costs will be charged on actual number of hours worked. Personnel costs include salaries and related benefits.
B. Equipment. The original purchase
cost charged to the water capital fund shall
be no more than its pro rata share of time
used in water activities. The motor pool
rental charges shall also be based on the
actual hours used; the motor pool shall be
responsible for the replacement of these
capital items.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.292-13.03.300 Reserved
ArticleVIll
Water Wells
13.03.301 Purpos~Authority and
implementation.
The purpose of this chapter is to provide minimum standards for construction, reconstruction, abandonment and destruction of all wells in order to protect underground water resources and provide safe water to persons within the city. Pursuant
Item 19.
to the authority cited in Section 1380l(c) of
the California Water Code, the Riverside
County Health Department shall enforce
the provisions of this chapter within its
jurisdiction.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.302 Definitions.
Whenever in this chapter the following
terms are used, they shall have the meanings respectively ascribed to them in this section:
"Abandoned wells and abandonment"
applies to a well whose original or functional purpose and use has been discontinued for a period of one year and which has not been declared for reuse by the legal
owner with the department, or a well in
such a state of disrepair that it cannot be
functional for its original purpose or any
other function regulated under this chapter.
Exploration holes shall be considered abandoned twenty-four (24) hours after construction and testing work has been completed. "Agriculture well" means any well used
to supply water for irrigation or other agricultural purposes, including so-called "stock wells."
"Annular seal" or "sanitary seal" means
the approved material placed in the space
between the well casing and the wall of the
drilled hole (the annular space).
"Cathodic protection well" means any
artificial excavation in excess of fifty ( 50)
feet constructed by any method for the purpose of installing equipment or facilities for the protection electrically of metallic equipment in contact with the ground, commonly referred to as "cathodic protection." "Community water supply well" means
any well which provides water for public
water supply systems.
"Contamination" means an impairment
of the quality of the waters of the state by
528.75
13.03.302
waste to a degree which creates a hazard to
the public health through poisoning or
through the spread of disease.
"Cross-connection" means any unprotected connection between any part of a water system used or intended to supply
water for domestic purposes and any source
or system containing water or other substances that are not or cannot be approved as safe, pure, wholesome and potable for
human consumption.
"Department" means the city utilities
department.
"Distribution system" includes the facilities, conduits or any other means used for the delivery of water from the source facilities to the customer's system. "Exploration hole" means an uncased
excavation for the purpose of immediately
determining the existing geological and/or
hydrological conditions at the site either by
direct observation or other means.
"Individual domestic well" means any
well used to supply water for domestic needs
other than a public water supply system.
"Industrial well" means any well used
primarily to supply water for industrial processes and may supply water intentionally or incidentally for domestic purposes.
"Lateral (horizontal) well" means a well
drilled or constructed horizontally or at an
angle with the horizon as contrasted with
the common vertical well and does not include horizontal drains or "wells" constructed to remove subsurface water from hillside, cuts or fills.
"Monitoring well" means an artificial
excavation by any method for the purpose
of observing, monitoring or supplying the
conditions of a water-bearing aquifer, such
as fluctuations in groundwater levels, quality of groundwaters or the concentration of contaminants in underground waters.
"Person" means any individual, firm,
corporation, association, for profit or non-
(Coache11a Supp. No. 16)
Item 19.
13.03.302
profit organization, trust, partnership, special district or governmental agency to the extent authorized by law.
"Pollution" means an alteration of water by waste to a degree which unreasonably affects such water for beneficial uses or facilities which serve such beneficial uses. "Pollution" may include "contamination." "Public water system" means a system
regardless of type of ownership for the provisions of piped water to the public for domestic use, if such system has at least five
service connections or regularly serves an
average of at least twenty-five (25) individuals daily at least sixty (60) days of the year.
A public water system includes:
1. Any collection, treatment, storage
and distribution facilities which are used
primarily in connection with such system
and which are under control of the water
supplier.
2. Any collection or pretreatment storage facilities which are used primarily in connection with such system but are not
under control of the water supplier.
"Reconstruction" means certain work
done to an existing well in order to restore
its production, replace defective casing, seal
off certain strata or surface water, or similar work, not to include the cleaning out of sediments, surging or maintenance to the
pump or appurtenances where the integrity
of the annular seal or water-bearing strata
are not violated.
"Source facilities" includes wells, stream
diversion works, infiltration galleries,
springs, reservoirs, tanks, and all other facilities used in the production, treatment, disinfection, storage or delivery of water to
the distribution system.
"Utilities general manager" means the
general manager or his or her duly authorized representative. "Water well" means any artificial excavation constructed by any method for the {Coachella Supp. No. 16) 528.76
purpose of extracting water from or injecting water into the ground. This definition shall not include:
1. Oil and gas wells, or geothermal wells
constructed under the jurisdiction of the
California State Department of Conservation, except those wells converted to use as water wells; or
2. Wells used for the purpose of:
a. Dewatering excavation during construction; or
b. Stabilizing hillsides or earth embankments.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.303 Permit requirement.
A. No person or entity, as principal
agent or employee, shall dig, drill, bore,
drive, reconstruct or destroy a well that is to
be, or has been, used to produce or inject
water, a cathodic protection well, or a monitoring well without first filing a written application to do so with the department,
and receiving and retaining a valid permit
as provided in this section.
B. No person or entity shall engage in
any activity subject to the jurisdiction of
this chapter without first paying all applicable fees to the department of fire for each activity in the amounts set forth by resolution or ordinance of the city council.
C. Any person who shall commence
any work for which a permit is required by
this department without having obtained a
permit therefor shall, if subsequently granted
a permit, pay double the permit fee for such
work; provided, however, that this provision shall not apply to emergency work when it shall be established in writing to the satisfaction of the utilities general manager that such work was urgently necessary and
that it was not practical to obtain a permit
before commencement of the work. In all
cases in which emergency work is necessary,
a permit shall be applied for within three
Item 19.
working days after commencement of the
work. The applicant for a permit for any
such emergency work shall, in any case,
demonstrate that all work performed is in
compliance with the technical standards of
Section 13.03.310.
D. An application for a permit to construct a water well, monitoring well or cathodic protection well shall be submitted to the department on a form and in a manner
prescribed by the department, and shall include the following information:
1. A plot plan showing the proposed
well location with respect to the following
items within a radius of five hundred ( 500)
feet from the well:
a. Property lines, including ownership;
b. Sewage or waste disposal systems
(including reserved waste disposal expansion areas) or works for carrying or containing sewage or waste; c. All intermittent or perennial, natural or artificial bodies of water or watercourses; d. The approximate drainage pattern
of the property;
e. Other wells, including abandoned
wells;
f. Access road(s) to the well site; and
g. Structures.
2. Location of the property with a vicinity map, including the legal description of the property (assessor's parcel map/tract
map number).
3. The name and state license number
of the general contractor (when applicable)
and the C-57 license number of the person
responsible for constructing the well.
4. The proposed well depth, including
casing size and zones of perforations and
strata to be sealed off, if such data can be
reasonably projected.
5. The proposed use of the well.
528.77
13.03.304
6. Location of underground storage
tank(s) within five hundred (500) feet of the
proposed well.
7. Location and classification by visual inspection of any solid, liquid or hazardous waste disposal sites, to include municipal and individual package sewage treatment plants within two thousand (2,000)
feet of the proposed well.
8. Where proposed work is reconstruction or destruction of a water well, monitoring well or cathodic protection well, provide the following information, if available:
a. Method of reconstruction or destruction of well;
b. Total depth;
c. Depth and type of casing used;
d. Depth of perforation;
e. Well log; and
f. Any other pertinent information.
9. Other information as may be deemed
necessary for the department to determine
if the underground waters will be adequately protected.
E. As a condition of a construction or
reconstruction permit, any abandoned wells
on the property shall be destroyed in accordance with standards provided in this chapter. (Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.304 Conditions of approval.
Permits shall be issued after compliance with the standards provided and incorporated by reference in this chapter. Plans shall be submitted to the department demonstrating compliance with such standards.
Permits may include conditions and requirements found by the department to be reasonably necessary to accomplish the purpose of this chapter. Completion bonds, contractor's bonds, cash deposits or other
adequate security may be required to insure
that all projects are performed completely
(Coachella Supp. No. 16)
Item 19.
13.03.304
and properly to protect the public's health
and safety and the integrity of underground
water resources.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.305 Conditions of denial.
Where the department determines that
the standards of this chapter have not been
met, it shall deny the application.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.306 Expiration or extension of
permit.
A. Each permit issued pursuant to this
chapter shall expire and become null and
void if the work authorized thereby has not
been completed within six months following the issuance of the permit.
B. Any permit issued pursuant to this
chapter may be extended at the option of
the department. Each individual extension
granted by the department shall be for not
longer than one hundred twenty (120) days.
In no event shall the department grant an
extension which would make the total term
of the permit exceed one year. Application
for extension shall be made on a form provided by the department. The application shall be accompanied by a fee in the amount
set forth by ordinance or resolution of the
city council.
C. Upon expiration of any permit issued pursuant hereto, no further work may be done in connection with construction,
repair, reconstruction or abandonment of a
well unless and until a new permit for such
purpose is secured in accordance with the
provisions of this chapter.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.307 Permit revocation or
suspension.
A. A permit issued in this chapter may
be revoked or suspended by the utilities
general manager as hereinafter provided if
(Coachella Supp. No. 16) 528.78
he or she determines that a violation of this
chapter exists, that written notice has been
directed to the permittee specifying the violation, and that the permittee has failed or neglected to make the necessary adjustments within fifteen (15) days after receiving such notice.
B. A permit may be so revoked or suspended by the utilities general manager if he or she determines at a hearing held for
such purpose that the person to whom any
permit was issued pursuant to this chapter
has obtained the same by fraud or misrepresentation.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.308 Hearings.
A. Any person whose application for a
permit has been denied or whose permit has
been suspended or revoked may request a
hearing. The person shall file with the department a written petition requesting the hearing and setting forth a brief statement
of the grounds for the request. The hearing
officer shall be the city manager or his or
her designee. At the time and place set for
the hearing, the hearing officer shall give
the petitioner and other interested persons
adequate opportunity to present any facts
pertinent to the matter at hand. The hearing officer may, when he or she deems it necessary, continue any hearing by setting a
new time and place and by giving notice to
the petitioner of such action.
B. At the close of the hearing, or within
thirty (30) working days thereafter, the hearing officer shall order such disposition of the application or permit as he or she has
determined to be proper, and shall, by postage prepaid, registered mail, notify the petitioner of his or her final determination. (Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.309 Licensing and registration of
water well drillers and
contractors.
No persons shall engage in any activity
listed in Section 13.03.303 of this chapter
Item 19.
unless he or she is in compliance with the
provisions in this section and possesses a
valid C-57 license in accordance with the
California Contractor's State License Law
(Chapter 9, Division 3 of the Business and
Professions Code), or possesses a license
appropriate to the activity to be engaged in.
Such person shall register annually with the
department and pay the registration fee specified in city fee resolution or any successor resolution, prior to commencing any activity regulated by this chapter. (Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.310 Standards.
Standards for the construction, reconstruction, abandonment or destruction of wells shall be the standards recommended
in the Bulletins of the California Department of Water Resources as follows: Bulletin No. 74-81, Chapter II, Water Wells, and Bulletin No. 7490 (Supplement to Bulletin
74-81), as these bulletins may be amended
by the state from time to time. The content
of such bulletins is incorporated by reference with the following additions or modifications:
Bulletin No. 74-90, Monitoring Well.
(1) Exploration holes for determining
immediate geological or hydrological information relating to on-site sewage disposal systems, liquefaction studies, hazardous materials investigations or geotechnical investigations for construction purposes, such as foundation studies, are exempt from the
monitoring well destruction standards of
Part III Bulletin 74-90; provided, that a
zone of low permeability over-lying sediments with water-bearing capabilities has not been penetrated. For the above-listed
cases, the excavation or boring shall be backfilled with native soils immediately after the investigatory work has been completed.
Where a zone of low permeability has been
penetrated, the hole shall be abandoned as
528.79
13.03.313
specified in Bulletin 74-90, Part III. When
the excavation or boring is to be left open
and unattended ( such as at the end of a
work shift), the person in charge of the
construction shall take all necessary precautions to ensure that the excavation has not created a public health or safety hazard.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.311 Lateral (horizontal) well
standards.
The location and design of lateral wells
shall be in accordance with the standards
recommended in the state of California,
Department of Health Services' publication "Requirements for Use of Lateral Wells in Domestic Water Systems," as such publication may be amended by the state from time to time. The content of such publication is incorporated in this chapter by reference. (Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.312 Required inspection of well
site.
A site inspection by the department is
required prior to issuance of a permit for a
well that is to be part of a public water
system or other wells that possess a high
potential for contamination as determined
by the fire chief. In the event that the well is
to serve a system under the direct jurisdiction of the state department of health services, then that agency may perform the site inspection and notify the fire chief of its
approval or disapproval.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.313 Required inspections of wells.
A. A well inspection shall be requested
of the department at least two working days
in advance of the following activities:
1. For individual domestic wells, agricultural wells, cathodic protection wells and monitoring wells:
a. The filling of the annular space or
conductor casing; and
(Coachella Supp. No. 16)
Item 19.
13.03.313
b. Immediately after the installation of
all surface equipment and (for individual
domestic wells) after the well has been disinfected and purged.
2. For community wells:
a. All community water wells shall be
inspected at the frequencies stated in subsection 1 of this section for individual domestic water wells. In addition, a site inspection prior to issuance of a permit is required in accordance with Section 13.03.303.
3. For all wells, any other operation or
condition for which a special inspection is
stipulated on the well permit.
4. For well destruction (all wells):
a. During the actual sealing of the well;
and
b. Immediately after all well destruction work has been completed.
B. Upon failure to notify the department of the filling of the annular space, approved geophysical tests including sonic
log and gamma ray log shall be conducted
at the owner's expense to substantiate that
an annular seal has been properly installed.
C. If the enforcement agency fails to
appear at the well site at the time designated
for sealing, the well may be sealed without
the presence of the enforcement agency.
However, the driller shall seal the well in
accordance with the standards of this chapter and the permit in the absence of any inspection.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.314 Discharge of drilling fluids.
Drilling fluids and other drilling materials used in connection with cathodic protection, monitoring or water well construction shall not be allowed to discharge onto streets or into waterways, and shall not be
allowed to discharge to the adjacent property unless a written agreement with the owner(s) of the adjacent property is obtained; provided, however, that such fluids (Coachella Supp. No. 16) 528.80
and materials are cleaned up and removed
within thirty (30) days after completion of
the well drilling and there is no violation of
waste discharge regulations. This section
shall not operate to prohibit the surface
discharge of contaminated groundwater,
provided such discharge is carried out in
compliance with a lawful order of a regional water quality board. (Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.315 General location of water
wells.
A. It is unlawful for any person or entity to drill, dig, excavate or bore any water well at any location where sources of pollution or contamination are known to exist, have existed or otherwise substantial risk
exists that water from that location may
become contaminated or polluted even
though the well may be properly constructed
and maintained. Exceptions to the above
include the following:
1. Extraction wells used for the purpose of extracting and treating water from a contaminated aquifer;
2. Wells from which water is to be
treated to meet all state department of health
standards and requirements; and
3. Wells from which water will be
blended with other water sources resulting
in water that meets all state department of
health standards and requirements.
B. Every well shall be located an adequate distance from all potential sources of contamination and pollution as follows:
Source of Contami- Minimum Distance
nation and Pollution l<in Feet)
Sewer 50
Watertight septic 100
tank
Subsurface sewage 100
leach line or leach
field
Item 19.
Source of Contami- Minimum Distance
nation and Pollution (in Feet)
Cesspool or seepage 150
pit
Animal or fowl en- 100
closures
Any surface sewage 200
disposal system discharging 2,000 galIons/day or more C. Minimum distances from other
sources of pollution or contamination shall
be as determined by the department upon
investigation and analysis of the probable
risks involved. Where particularly adverse
or special hazards are involved as determined by the health department, the foregoing distances may be increased or specially approved means of protection, particularly in the construction of the well,
may be required as determined by the department.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.316 Well logs.
A. Any person who has drilled, dug,
excavated or bored a wall subject to this
chapter shall, within thirty (30) days after
completion of the drilling, digging, excavation or boring of such well, furnish the department with a complete log of such
well on a standard form provided by the
state department of water resources. This
log shall include depths of formations, character, size distribution (i.e., clay, sand, gravel, rocks and boulders) and color for all
lithological units penetrated, the type of
casing, pump test results when applicable,
and any other data required by the department. The department may require inspection of the well log during any phase of the well's construction and where necessary to
achieve the purposes of this chapter may
require modification of the work as originally planned. 528.81
13.03.317
B. Well logs furnished pursuant to this
chapter shall not be made available for inspection by the public, but shall be made available to governmental agencies for use
in making studies, provided that any report
shall be made available to any person who
obtains written authorization from the
owner of the well.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.317 Water well surface
construction features.
A. Check Valve. A check valve shall be
provided on the pump discharge line adjacent to the pump for all water wells.
B. Sample Spigot. An unthreaded sample spigot shall be provided on the pump discharge line of any water well used as a
public water supply adjacent to the pump
and on the distribution side of the check
valve.
C. Water Well Disinfection Pipe. All
community water supply wells and individual domestic wells shall be provided with a pipe or other effective means through which
chlorine or other approved disinfecting
agents may be introduced directly into the
well. The pipe shall be extended at least four
inches above the finished grade and shall
have a threaded or equivalently secured cap
on it.
D. Water Well Flow Meter. A flow meter or other suitable measuring device shall be located at each source facility and shall
accurately register the quantity of water
delivered to the distribution system from all
community water supply wells serving the
public water supply system.
E. Air-Relief Vent. An air-relief vent,
when required, shall terminate downward,
shall be screened and otherwise shall be
protected from the entrance of contaminants.
F. Backflow Prevention Assembly. Agricultural wells equipped with chemical (Coachella Supp. No. 16)
Item 19.
13.03.317
feeder devices for fertilizers, pesticides or
other non-potable water treatment shall be
furnished with an approved backflow prevention assembly or a sufficient air gap to ensure that a cross-connection with the well
does not exist.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.318 Disinfection of water wells.
Every new, repaired or reconstructed
community water supply well or individual
domestic well, after completion of construction, repair or reconstruction, and before being placed in service, shall be thoroughly
cleaned of all foreign substances. The well
gravel used in packed wells, pipes, pump,
pump column, and all well water contact
equipment surfaces shall be disinfected by a
department-approved method. The disinfectant shall remain in the well and upon all relevant surfaces for at least twenty-four
(24) hours. Disinfection procedures shall be
repeated until micro-biologically safe water
is produced, as set forth in the California
Code of Regulations, Title 22, Domestic
Water Quality Monitoring.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.319 Water quality standards.
A. Water from all new, repaired and
reconstructed community water supply wells
shall be tested for and meet the standards
for microbiological, general mineral, general physical, chemical and radiological quality in accordance with the California Code of Regulations, Title 22, Domestic Water
Quality and Monitoring.
B. In addition to the microbiological
standards required in Section 13.03.318
above, all individual domestic water wells
shall be tested for and meet the nitrate,
fluoride and total dissolved solids (TDS)
standards in accordance with the Calif ornia Code of Regulations, Title 22, Domestic Water Quality and Monitoring. (Coachella Supp. No. 16) 528.82
C. At the discretion of the utilities general manager, for the purpose of protecting the health and safety of the public, any new,
repaired or reconstructed individual domestic water well or community well shall be tested for and must meet any or all additionally specified water quality standards in accordance with the California Code of Regulations, Title 22, Domestic Water Quality and Monitoring. Exceptions would be community well water to be either treated or blended with other water sources to meet
state department of health services standards and requirements. Such treatment or blending must be approved by the state department of health services. (Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.320 Private well evaluations.
A. All individual domestic water wells
for which the owner requests a department
evaluation of water quality shall be tested
for water quality standards for individual
domestic water wells as provided for in Section 13.03.318 of this chapter. The department shall perform a well-site inspection and conduct the microbiological sampling
portion of the evaluation. Any additional
testing, including any pump test to determine the yield quantity of the well, shall be performed by state-certified individuals at
the expense of others.
B. The department shall collect an evaluation service fee in accordance with City fee resolution or any successor resolution.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.321 Well abandonment.
A. If after thirty (30) days of abandonment the owner has not declared to the department a proposed reuse of the well per
Section 13.03.323 and the well has been
found by the department to be a hazard,
whereby its continued existence is likely to
cause damage to groundwater or a threat to
Item 19.
public health and safety, the department
shall direct the owner to destroy the well in
accordance with Section 13.03.310 of this
chapter.
B. Uponremovalofthepump, the casing shall be provided with a threaded or equivalently secured watertight cap. The well
shall be maintained so that it will not be a
hazard to public health and safety until
such time as it is properly destroyed.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.322 Public nuisance abatement.
Where an abandoned well has been identified and the owner fails to comply with the department's order to destroy the well, such
well may be declared a public nuisance pursuant to Government Code Section 50231, and thereafter abated pursuant to Title 5,
Division 1, Part 1, Chapter 1, Article 9 of
the California Government Code. Where
abatement is undertaken at the expense of
the city, such cost, including reasonable attorney's fees, shall constitute a special assessment against the parcel and shall be added to the next regular tax bill as enumerated under Government Code Section 50244 et seq.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.323 Declaration of proposed
reuse.
Where a well is unused or its disuse is
anticipated, the owner may apply to the
department, in writing, stating an intention
to use the well again for its original or other
approved purpose. The department shall
review such a declaration and may grant an
exemption from certain of the provisions of
Section 13.03.324 of this chapter, provided
no undue hazard to public health or safety
is created by the continued existence of the
well. Thereafter, an amended declaration
shall be filed annually with the department.
528.83
13.03.325
The original or subsequent exemption may
be terminated for cause by the department
at any time.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.324 Administrative variance.
Subject to approval by the state department of health services, the utilities general manager may grant an administrative variance of the provisions of this chapter where documentary evidence establishes that a
modification of the standards as provided
herein will not endanger the general public's health and safety and strict compliance would be unreasonable in view of all the
circumstances.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.325 Violations and penalties.
A. The utilities general manager, or his
or her designee, may at any and all reasonable times enter any and all places, property, enclosures and structures for the purpose of conducting examinations and investigations to determine whether all provisions of this chapter are being complied with, provided however, that the utilities
general manager or designee will seek to
obtain permission before entering any occupied residence, unless there exists an emergency or condition immediately threatening the public health, safety or welfare.
B. It is unlawful for any person, firm,
corporation or association of persons to
violate any provision of this chapter or to
violate the provisions of any permit granted
pursuant to this chapter. Any person, firm,
corporation or association of persons violating any provision of this chapter or of the provisions of any permit granted pursuant to this chapter shall be deemed guilty of an infraction or misdemeanor as herein specified. Such person, firm, or corporation or association of persons shall be deemed guilty
of a separate offense for each and every day
(Coachella Supp. No. 16)
Item 19.
13.03.325
or portion thereof during which any violation of any of the provisions of this chapter or the provisions of any permit granted
pursuant to this chapter is committed, continued or permitted.
C. Any person, firm, corporation or
association of persons so convicted shall be
guilty of an infraction offense and punished by a fine not exceeding one hundred dollars ($100.00) for a first violation and
guilty of an infraction offense and punished by a fine not exceeding two hundred dollars ($200.00) for a second violation at
the same site. The third and any additional
violations on the same site shall constitute a
misdemeanor offense and shall be punishable by a fine not exceeding one thousand dollars ($1,000.00) or six months in jail, or
both. Notwithstanding the above, a first
offense may be charged and prosecuted as a
misdemeanor, or may be enforced through
other means, administrative or criminal,
available to the city. Payment of any penalty in this chapter shall not relieve a person, firm, corporation or association of persons from the responsibility for correcting the violation.
D. Anything done, maintained or suffered in violation of any of the provisions of this chapter is a public nuisance dangerous to the health and safety of the public and may be enjoined or summarily abated
in the manner provided by law. Every public
officer or body lawfully empowered to do so
shall abate the nuisance immediately. The
costs of summary abatement may become a
lien against the property on which the nuisance is maintained and a personal obligation against the property owner, in accordance with Government Code section 38773.1 or 38773.5
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.326 Conflict with existing laws.
The provisions of any existing ordinance or state or federal law affording greater (Coachella Supp. No. 16) 528.84
protection to the public health or safety
shall prevail within this jurisdiction over
the provisions of this chapter and the standards adopted or incorporated by reference in this chapter.
(Ord. No. 1057, § 3(Exh. C), 10-23-13)
13.03.327-13.03.340 Reserved.
Item 19.
Attachment B. Coachella Valley Association of Governments Landscape Ordinance
Item 19.
Sections:
ORDINANCE NO. 1302.5
AN ORDINANCE OF THE
COACHELLA VALLEY WATER DISTRICT
ESTABLISHING LANDSCAPE
AND IRRIGATION SYSTEM DESIGN CRITERIA
0.00.010
0.00.020
0.00.030
0.00.040
0.00.050
0.00.060
0.00.070
0.00.080
0.00.090
Purpose and Intent
Definitions
Provisions for New or Rehabilitated Landscapes
Other Provisions
Review and Program Monitoring Fees
Appeals
Penalties
Hearing Regarding Penalties
Appeal of Penalties
0.00.010
A.
Purpose and Intent
The California State Legislature has found:
1. The waters of the state are oflimited supply and are subject to ever increasing demands;
2. The continuation of California's economic prosperity is dependent on the availability of adequate supplies of water for future users;
3. It is the policy of the State to promote the conservation and efficient use of water and to prevent the waste of this valuable resource;
4. Landscapes are essential to the quality of life in California by providing areas for active and passive recreation and as an enhancement to the environment by cleaning air and water, preventing erosion, offering fire protection, and replacing ecosystems lost to development;
5. Landscape design, installation, maintenance and management can and shall be water efficient; and
6. Section 2 of Article X of the California Constitution specifies that the right to use water is limited to the amount reasonably required for the beneficial use to be served and the right does not and shall not extend to waste and unreasonable method of use.
B. Consistent with these legislative findings, the purpose of these criteria is to:
I. Promote the values and benefits of landscaping practices that integrate and go beyond the conservation and efficient use of water;
2. Establish a structure for planning, designing, installing, maintaining and managing water efficient landscapes in new construction and rehabilitated projects by encouraging the use of a watershed approach that requires
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cross-sector collaboration of industry, government and property owners to achieve the many benefits possible;
3. Establish provisions for water management practices and water waste prevention for existing landscapes;
4. Use water efficiently without waste by setting a Maximum Applied Water Allowance (MAW A) as an upper limit for water use and reduce water use to the lowest practical amount; and
5. Promote the benefits of consistent landscape criteria with neighboring local and regional agencies.
C. It is also the purpose of these criteria to implement the requirements of the California Code of Regulations Title 23. Waters Division 2. Department of Water Resources Chapter 2.7. Model Water Efficient Landscape Ordinance, and State of California Water Conservation in Landscaping Act. Authority cited:
Section 65593, Government Code, Reference: Sections 65591, 65593, 65596 Government Code.
D. It is the intent of these criteria to promote water conservation through climateappropriate plant material and efficient irrigation systems, and to create a "Lush and Efficient" landscape theme through enhancing and improving the physical and natural environment.
E. Applicability
I. These criteria shall apply to all of the following landscape projects:
a. New construction and rehabilitated landscapes for public agency projects and private development projects requiring a building or landscape permit, plan check or design review;
b. New construction and rehabilitated landscapes which are developer-installed in single-family and multi-family projects requiring a building or landscape permit, plan check or design review;
c. New construction and rehabilitated landscapes which are homeowner-provided and/or homeowner-hired in homeowneroccupied single family and multi-family residential projects with a total project landscape area equal to or greater than 2,500 square feet requiring a building or landscape pennit, plan check or design review; and
d. Existing landscapes limited to section 0.00.040 (B). e. Any residential project with an aggregate landscape area of2,500 square feet or less may comply with the perfonnance requirements of this ordinance or confonn to the prescriptive measures contained in Appendix H.
2. These criteria do not apply to:
a. Registered local, state or federal historical sites; b. Ecological restoration projects that do not require a pennanent irrigation system;
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c. Mined-land reclamation projects that do not require a permanent irrigation system; or
d. Plant collections, as part of botanical gardens and arboretums open to the public.
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Definitions
The words used in this section have the meanings set forth below:
ANTIDRAIN VAL VE or CHECK VAL VE - A valve located under/in a sprinkler head to hold water in the system to eliminate drainage from the lower elevation sprinkler heads.
APPLICATION RATE-The depth of water applied to a given area, usually measured in inches per hour. Also known as precipitation rate (sprinklers) or emission rate (drippers/microsprayers) in gallons per hour.
APPLIED WATER - The portion of water supplied by the irrigation system to the landscape.
AUTOMATIC CONTROLLER- An electronic or solid-state timer capable of operating valve stations to set the days, time and length of time of a water application.
BACKFLOW PREVENTION DEVICE - A safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.
BENEFICIAL USE - Water used for landscape evapotranspiration.
BILLING UNITS - Units of water (100 cubic feet = I billing unit = 748 gallons = I CCF) for billing purposes. To convert gallons per year to I 00 cubic feet per year, divide gallons per year by 748. (748 gallons = I 00 cubic feet).
CONVERSION FACTOR (0.62) - A number that converts the Maximum Applied Water Allowance from acre-inches per acre to gallons per square foot. The conversion factor is calculated as follows:
(325,851 gallons/43,560 square feet)/12 inches = (0.62) 325,851 gallons = one acre-foot
43,560 square feet = one acre
12 inches = one foot
DESERT LANDSCAPE-A desert landscape using native plants spaced to look like a native habitat.
DISTRIBUTION UNIFORMITY - A measure of how evenly sprinklers apply water. The low-quarter measurement method (DULQ) utilized in the irrigation audit procedure is utilized for the purposes of these criteria. These criteria assume an attainable performance level of 75% DULQ for spray heads, 80% DULQ for rotor heads and 85% DULQ for recreational turf grass rotor heads.
DISTRICT-Coachella Valley Water District.
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DRIP IRRIGATION - A method of irrigation where the water is applied slowly at the base of plants without watering the open space between plants.
ECOLOGICAL RESTORATION PROJECT - A project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.
EFFECTIVE PRECIPITATION or USABLE RAINFALL -The portion of total natural precipitation that is used by the plants, usually assumed to be three inches annually. Precipitation or rainfall is not considered a reliable source of water in the desert.
ELECTRONIC CONTROLLERS - Time clocks that have the capabilities of multiprogramming, water budgeting and multiple start times.
EMISSION UNIFORMITY - A measure of how evenly drip and microspray emitters apply water. The low-quarter measurement method (EULQ) utilized in the landscape irrigation evaluation procedure is utilized for the purposes of these criteria. These criteria assume 90% EULQ for drippers, microsprays and pressure compensating bubblers.
EMITTER - Drip irrigation fittings that deliver water slowly from the watering system to the soil.
ESTABLISHED LANDSCAPE - The point at which new plants in the landscape have developed roots into the soil adjacent to the root ball.
ESTABLISHMENT PERIOD - The first year after installing the plant in the landscape.
ESTIMATED TOT AL WATER USE (By hydrozone) - The portion of the estimated annual total applied water use that is derived from applied water to a specified hydrozone.
ESTIMATED ANNUAL TOT AL APPLIED WATER USE (Total of all hydrozones) - The annual total amount of water estimated to be needed by all hydrozones to keep the plants and water features in the landscaped area healthy and visually pleasing. It is based upon such factors as the local evapotranspiration rate, the size of the landscaped area, the size and type of water feature, the types of plants, and the efficiency of the irrigation system. The estimated annual total applied water use shall not exceed the Maximum Applied Water Allowance (MAWA).
EV APOTRANSPIRA TION or ET - The quantity of water evaporated from adjacent soil surfaces and transpired by plants expressed in inches during a specific time.
ET ADJUSTMENT FACTOR-A factor of0.45 that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. 5
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FINISHED GRADE - Grade height after surface mulch covering has been installed.
FLOW RA TE - The rate at which water flows through pipes, valves and meters (gallons per minute or cubic feet per second).
HARDSCAPE - Concrete or asphalt areas including streets, parking lots, sidewalks, driveways, patios and decks.
HEAD-TO-HEAD COVERAGE - One hundred percent sprinkler coverage of the area to be irrigated, with maximum practical uniformity.
HIGH FLOW CHECK VAL VE - A valve located under/in a sprinkler head to stop the flow of water if the spray head is broken or missing.
HYDROZONE - A portion of the landscaped area having plants with similar water needs that are served by a valve or set of valves with the same schedule. A hydrozone may be irrigated or non-irrigated. For example, a naturalized area planted with native vegetation that will not need supplemental irrigation ( once established) is a non-irrigated hydrozone.
INFILTRATION RA TE - The rate of water entry into the soil expressed as a depth of water per unit of time (inches per hour).
IRRIGATION EFFICIENCY -The measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum irrigation efficiency for purposes of these regulations is 0.75 or 75 percent and .90 or 90 percent for drip systems.
LANDSCAPE IRR1GA TION AUDIT - A process to perform site inspections, evaluate irrigation systems and develop efficient irrigation schedules.
LANDSCAPED AREA - The planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance Calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, and other non-irrigated areas designated for non-development ( e.g., open spaces and existing native vegetation).
LATERAL LINE - The water delivery pipeline that supplies water to the emitters sprinklers from a valve.
LOCAL AGENCY - A city, county, or water purveyor responsible for adopting and implementing the ordinance. The local agency is also responsible for enforcement of the ordinance, including, but not limited to, approval of a design review, permit, plan check, or inspection of a project. 6
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MAIN LINE - The pressurized pipeline that delivers water from the water source to a valve or outlet.
MAXIMUM APPLIED WATER ALLOWANCE (MAW A) - For design
purposes, the upper limit of annual applied water for the established landscape area as specified in Division 2, Title 23, California Code of Regulations, Chapter 7, Section 492.4. It is based upon the area's reference evapotranspiration, ET adjustment factor, and the size of the landscaped area. The Estimated Total Water Use shall not exceed the Maximum Applied Water Allowance. Special Landscape Areas, include recreation areas, areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAW A with an ET AF not to exceed 1. MAWA = (ETo)(0.62)[(ETAF x LA)+ ((1-ETAF) X SLA)].
MICROIRRIGA TION - See drip irrigation.
MULCH - Any organic materials such as leaves, bark, straw or inorganic material such as pebbles, stones, gravel, decorative sand or decomposed granite left loose and applied to the soil surface to reduce evaporation.
NATIVE PLANTS - Native plants are low water using plants that are:
I) indigenous to the Coachella Valley and lower Colorado Desert region of California and Arizona, 2) native to the southwestern United States and northern Mexico or 3) native to other desert regions of the world, but adapted to the Coachella Valley.
NATURAL GRADE - Grade height of native soil before application of surface mulch.
NON-POTABLE WATER- Canal water or treated or recycled wastewater of a quality suitable for non-potable uses such as landscape irrigation. Non-potable water is not for human consumption.
OPERATING PRESSURE-The pressure at which an irrigation system's sprinklers, bubblers, drippers or microsprays are designed to operate, usually indicated at the base of an irrigation head.
OVERHEAD SPRINKLER IRRIGATION STATIONS - Sprinklers with high flow rates (spray heads, impulse sprinklers, gear rotors, etc.) that are utilized to apply water through the air to large irrigated areas.
OVERSPRA Y - The water which is delivered beyond the landscaped area onto pavements, walks, structures or other non-landscape areas. Also known as hardscape applications.
PLANT FACTOR - A factor that, when multiplied by reference evapotranspiration, estimates the amount of water used by plants. For purposes of these criteria, the average plant factor of very low water using plants ranges from
0.0 I to 0.10, for low water using plants the range is 0.10 to 0.30, for moderate 7
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water using plants the range is 0.40 to 0.60, and for high water using plants, the range is 0.70 to 0.90. Reference: Water Use Classifications of Landscape Species IV (WUCOLS IV).
PRESSURE COMPENSATING (PC) BUBBLER - An emission device that allows the output of water to remain constant regardless of input pressure.
Typical flow rates for this type of bubbler range between 0.25 gpm to 2.0 gpm.
PRESSURE COMPENSATING SCREENS/DEVICES - Small screens/devices inserted in place of standard screens/devices that are used in sprinkler heads for radius and high pressure control.
QUALIFIED PROFESSIONAL - A person who has been certified by their professional organization or a person who has demonstrated knowledge and is locally recognized as qualified among landscape architects due to longtime experience.
RAIN-SENSING DEVICE -A system which automatically shuts off the irrigation system when it rains.
RECYCLED WATER/RECLAIMED WATER - Treated or recycled wastewater of a quality suitable for nonpotable uses such as landscape irrigation. Recycled water is not for human consumption.
RECORD ORA WING or AS-BUIL TS - A set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor.
RECREATIONAL AREA - Areas, excluding private single family residential lots, designated for active play, recreation or public assembly in parks, sports fields, picnic grounds, amphitheaters or golf course tees, fairways, roughs, surrounds and greens.
R
REFERENCE EV APOTRANSPIRA TION or ETo - A standard measurement of the environmental parameters which affect the water use of plants, using cool season grass as a reference. ETo is expressed in inches per day, month or year and is an estimate of the evapotranspiration of a large field of cool-season grass that is well watered. Reference evapotranspiration is used as a basis of determining the Maximum Applied Water Allowances so that regional differences in climate can be accommodated. For purposes of these criteria, CVWD Drawing No. 29523 will be used for ETo zones.
REHABILITATED LANDSCAPE - Any re-landscaping project in which the choice of new plant material and/or new irrigation system components is such that the calculation of the site's estimated water use will be significantly changed.
The new estimated water use calculation must not exceed the Maximum Applied 8
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Water Allowance (MA WA) calculated for the site using a 0.45 ET adjustment factor.
RIPARIAN PLANTS - Riparian plants are high water using and water-loving plants that are found growing naturally along flowing rivers and lake shores.
They may also be native to wet swampy areas with high water tables or poor drainage.
RUNOFF - Irrigation water which is not absorbed by the soil or landscape to which it is applied and which flows from the planted area.
SERVICE LINE -The pressurized pipeline that delivers water from the water source to the water meter.
SMART CONTROLLER- Weather-based or soil moisture-based irrigation controls that monitor and use information about environmental conditions for a specific location and landscape (such as soil moisture, rain, wind, the plants' evaporation and transpiration rates and, in some cases, plant type and more) to automatically control when to water and when not to, providing exactly the right amount of water to maintain lush, healthy growing conditions.
SOIL MOISTURE-SENSING DEVICE - A device that measures the amount of water in the soil.
SOIL TEXTURE - The classification of soil based on the percentage of sand, silt and clay in the soil.
SPECIAL LANDSCAPE AREA (SLA)-An area of the landscape dedicated solely to edible plants, recreational areas, areas irrigated with recycled water, water features using recycled water or water features using non-potable canal water created solely to act as an irrigation reservoir.
SPRINKLER HEAD - A device which sprays water through a nozzle.
STA TIC WATER PRESSURE - The pipeline or municipal water supply pressure when water is not flowing.
STATION - An area served by one valve or by a set of valves that operate simultaneously.
TURF - A surface of earth containing mowed grass with roots.
VALVE - A device used to control the flow of water in the irrigation system.
WATER FEATURE - Any water applied to the landscape for nonirrigation, decorative purposes. Fountains, streams, ponds and lakes are considered water features. Water features use more water than efficiently irrigated turf grass and are assigned a plant factor of 1.1 for a stationary body of water and 1.2 for a moving body of water.
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WATER SYSTEM - The network of piping, valves and irrigation heads.
WUCOLS IV - Water Use Classifications of Landscape Species IV Provisions for new or rehabilitated landscapes
Submittal and Approval of a Landscape Documentation Package
1. Prior to construction, the project applicant shall:
a. Submit two copies of a Landscape Documentation Package to the Coachella Valley Water District (District) that conform to this chapter. No water meter will be issued until the District reviews and approves the Landscape Documentation Package.
b. Submit one copy of the Landscape Documentation Package to the local agency ( city/county).
2. Upon receipt of the Landscape Documentation Package, the District shall:
a. Review the Landscape Documentation Package.
b. Approve or deny the Landscape Documentation Package.
3. Upon approval of the Landscape Documentation Package, the District will:
a. Sign and date the approved plans and return them to the project applicant.
b. Submit a copy of the project's Water Efficient Landscape Worksheet {Appendix B) to the local agency.
4. Upon approval of the Landscape Documentation Package by the local agency, the project applicant shall:
a. Receive an approval of the landscape design review or plan check. b. Finalize the Certificate of Completion, including recording the date of the approval.
c. File the Certificate of Completion with the District and the local agency, and provide a copy to the property owner or designee. d. Submit a copy of the approved Landscape Documentation Package, along with the record drawings and any other
information, to the property owner or designee.
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5. Each Landscape Documentation Package shall include the following elements:
a. A completed Landscape Documentation Package Checklist (Appendix A), which includes the date, project applicant, and project address information. This checklist serves to verify that the elements of the Landscape Documentation Package have been completed.
b. Total landscaped area (square feet)
c. Project type ( e.g., new, rehabilitated, public, private, cemetery, homeowner-installed, etc.)
d. Water Efficient Landscape Worksheet (Appendix B), which may be imbedded in the plan sheets of the Landscape Documentation Package, and include the following:
i. Hydrozone Information Table (reference Appendix C)
e. Water Budget Calculations (reference Appendix D) that adhere to the following requirements:
i. The plant factor used shall be from WUCOLS. The plant factors ranges from O to 0.3 for the low use plants, from 0.4 to
0.6 for the moderate use plants, from 0. 7 to 1.0 for the high use plants and 1.1 to 1.2 for water features.
ii. All water features shall be included in the 1.1 to 1.2 hydrozone and temporary irrigated areas shall be included in the low water use hydrozone. For the calculation of the Maximum Applied Water Allowance (MA WA) and Estimated Total Water Use, a project applicant shall use ETo values from the Reference Evapotranspiration Table, Appendix C. For geographic areas not covered in Appendix C, use data from other cities located nearby in the same reference evapotranspiration zone.
f. Landscape Design Plan
g. Irrigation Design Plan
h. Grading Design Plan (as required)
i. Soil Management Report (as required)
j All plans must contain a signature block for both the local agency and the District.
6. The Landscape Documentation Package shall be submitted by the following procedure:
a. The applicant or applicant's representative may bring, send or ship copies of the Landscape Documentation Package to the District, and the local agency, as applicable. Appropriate fees must accompany the Landscape Documentation Package.
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b. The plans will normally be returned to the applicant or local agency with comments by the District (Water Management
Department) within ten working days of receipt.
c. After noted corrections have been made, the applicant shall resubmit the Landscape Documentation Package to the District for approval and signing by the Water Management Department and Development Services Department for the District.
d. Signed plans will be held at the District's Palm Desert office for applicant pick up or sent by certified shipping at the applicant's request and expense.
e. For direct communication:
Telephone No.:
Mailing Address:
Hand Delivery or
Shipping Address:
Hand Delivery or
Shipping Address:
(760) 398-2651 Water Management
Department
Coachella Valley Water District
Attention: Water Management Department
Post Office Box 1058
Coachella, California 92236
Coachella Valley Water District
Attention: Water Management Department
85-995 Avenue 52
Coachella, California 92236
Coachella Valley Water District
Attention: Water Management Department
75-525 Hovley Lane East
Palm Desert, California 92211
f. The District will inspect the landscaped area(s) for conformance with the approved Landscape Documentation Package.
Landscaping that does not conform to the approved Landscape Documentation Package is subject to penalties as provided in Section 0.00.070.
7. Upon review and approval of the Landscape Documentation Package by the District, the project applicant shall:
a. Submit a copy of the District-approved Landscape Documentation Package and Water Efficient Landscape Worksheet to the local agency.
b. Provide the property owner or site manager a copy of the Districtapproved Landscape Documentation Package, in addition to the record drawings and any other information normally forwarded to the property owner or site manager.
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8. Upon review and approval of the Landscape Documentation Package by the local agency, the project applicant shall:
a. Record the date of the permit on the Certificate of Completion. b. Provide the property owner or designee a copy of the local-agency approved Landscape Documentation Package, in addition to the record drawings, and any other information normally forwarded to the property owner or designee.
B. Landscape Design Plan
A landscape design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation package. For the efficient use of water, a landscape shall be carefully designed and planned for the intended function of the project.
1. Any plant may be selected for the landscape, providing the Estimated Total Water Use in the landscape area does not exceed the Maximum Applied Water Allowance (MA WA). To encourage the efficient use of water the following is highly recommended:
a. Protection and preservation of native species and natural vegetation;
b. Selection of water-conserving plant and turf species; c. Selection of trees based on applicable local tree ordinances or tree shading guidelines; and
d. Selection of plants from local and regional landscape program plant lists.
2. Specifications for Landscape Design Plan
The landscape design plan shall be drawn on 36-inch by 24-inch project base sheets at a scale that accurately and clearly identifies the following:
a. Tract name, tract number or parcel map number on cover sheet. b. Proposed planting areas.
c. Plant material location and size.
d. Plant botanical and common names.
e. Plant spacing, where applicable.
f. Natural features including, but not limited to, rock outcroppings, and existing trees and shrubs that will remain incorporated into the new landscape.
g. Vicinity map showing site location on top sheet or on cover sheet. h. Title block on each sheet with the name and address of the project, and the name and address of the professional design company with its signed professional stamp, if applicable.
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i. Reserve two 6-inch by 3-inch spaces for a) the local agency signature block and b) a District signature block in lower right comer of the cover sheet and on all of the landscape, irrigation design/detail/specification sheets. The District signature block can be found on the Professional Landscaper section of the
Conservation page at cvwd.org.
j. Show plan scale and north arrow on design sheets.
k. Show graphic scale on all design sheets.
I. Show all property lines and street names.
m. Show all paved areas, such as driveways, walkways and streets. n. Show all pools, ponds, lakes, fountains, water features, fences and retaining walls.
o. Show locations of all overhead and underground utilities within project area.
p. Provide an index map, as necessary, showing the overall project, including all 1/4 and 1/16 section lines and section numbers. q. Show this note on each design sheet stating, "No permanent structures or trees within CVWD and/or USBR easements. CVWD will not be responsible for damage or replacement of any surface improvements, including but not limited to, decorative concrete, landscaping, curb, gutter, sidewalks, planters, gates and related improvements installed within CVWD and/or USBR easements." In addition, no trees shall be installed within 15' of a CVWD and/or USBR pipeline. Surface improvements may be installed within CVWD and/or USBR easements only upon the prior
consent of CVWD, which consent may be granted or denied at CVWD's sole discretion. In the event of such consent, then a Noninterference review letter (NIRL) may apply per Section 3.4 of CVWD's Development Design Manual.
r. Show Maximum Applied Water Allowance (MA WA) for the proposed project. (See formula in Appendix C and Sample MAWA, Appendix D.)
s. Show total landscaped area in square feet. Separate area square footages by hydrozone. Show the total percentage area of each hydrozone. Include total area of all water features as separate hydrozones of still or moving water. Show Estimated Total Water Use, for each major plant group hydrozone and water feature hydrozone expressed in either seasonal (turf grass) or annual (trees, shrubs, groundcovers and water features) billing units. t. Show Total Estimated Total Water Use for each major plant group hydrozone and water feature hydrozone expressed in either seasonal (turf grass) or annual (trees, shrubs, groundcovers and water features) billing units.
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u. Show Total Estimated Water Use (ETWU) for the entire project. (Formula in Appendix C and on Sample Calculation Estimated Water Use, Appendix D.) The Total Estimated Use shall not exceed the Maximum Applied Water Allowance (MA WA).
The Estimated Total Water Use (ETWU) for a phase within a tract may exceed the Maximum Applied Water Allowance for that phase so long as the ETWU does not exceed the MAW A within the overall tract. In the event this occurs calculations showing all phase totals should be imbedded within each plan submission for the tract.
v. Designate recreational areas and recreational turf areas. w. When model homes are included, show the Maximum Applied Water Allowance (MA WA) and Estimated Total Water Use (by hydrozone with totals) for each model unit.
3. Landscape Design Criteria
a. The landscape design must be carefully planned and take into account the intended function of the project.
b. Plants' appropriateness shall be selected based upon their adaptability to the climatic, geologic and topographical conditions of the site.
c. Selection of water-efficient and low-maintenance plant material is required.
d. All planted areas must be a minimum of one inch below adjacent hardscapes to eliminate runoff and overflow.
e. Long, narrow or irregularly shaped turf areas shall not be designed because of the difficulty in irrigating uniformly without overspray onto hardscaped areas, streets and sidewalks. Areas less than 10 feet in width shall not be designed with turf. Turf will be allowed in these areas only if irrigation design reflects the use of subsurface irrigation or a surface flow/wick irrigation system.
f. Turf areas irrigated with spray/rotor systems must be set back at least 24 inches from curbs, driveways, sidewalks or any other area that may result in runoff of water onto streets. An undulating landscape buffer area created by the setback shall be designed with rocks, cobble or decomposed granite and/or can be landscaped with drip irrigated shrubs/accents or covered with a suitable ground cover.
g. Plants having similar water use shall be grouped together in distinct hydrozones.
h. The use of a soil covering mulch or a mineral groundcover of a minimum three-inch depth to reduce soil surface evaporation is required around trees, shrubs and on nonirrigated areas. The use of 15
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boulders and cobble shall be considered to reduce the total vegetation area.
i. Annual color plantings shall be used only in areas of high visual impact and must be irrigated with drip, microirrigation or other systems with efficiencies of 90 percent or greater. Otherwise, drip irrigated, perennial plantings should be the primary source of color.
j. Native desert plants shall be specified to be planted in a shallow, wide, rough hole two times the root ball width. The root ball will be set on either undisturbed native soil or a firmed native soil. The root ball top will be set even with the finished surface grade or above grade if the soil is poorly drained. The hole must be backfilled with native soil. Extra soil may be used to mound up around plants where the soil is poorly drained.
k. Landscaping must not obstruct or interfere with street signs, lights or road/walkway visibility. Screening may be provided by walls, berms or plantings.
I. High water use plants, characterized by a plant factor of 0. 7 to 1.0, are prohibited in street medians.
m. Use locally approved plant materials lists in the selection of appropriate plants.
n. Planter islands in parking lots with canopy trees shall be sized to meet local land use agency requirements.
o. A landscape plan in fire-prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required per Public Resources Code Section 4291 (a) and (b). Avoid fire-prone plant material and highly flammable mulches.
p. The use of invasive and/or noxious plant species is prohibited. q. The architectural guidelines of a common interest development, which includes community apartment projects, condominiums, planned developments and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group (California Civil Code, Section 1353.8).
D. Grading Design Plan
1. For efficient use of water, grading of a project site shall be designed to minimize soil erosion, runoff and water waste. A grading plan shall be submitted as part of the Landscape Documentation Package. A comprehensive grading plan prepared by a civil engineer for other local agency permits satisfies this requirement.
2. The project applicant shall submit a landscape grading plan that indicates finished configurations and elevations of the landscape area including;
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a. Height of graded slopes;
b. Drainage patterns;
c. Pad elevations;
d. Finish grade; and
e. Stormwater retention improvements, if applicable.
3. To prevent excessive erosion and runoff, it is highly recommended, and per local agency requirements, that project applicants:
a. Grade so that all irrigation and normal rainfall remains within property lines and does not drain on to non-permeable hardscapes; b. Avoid disruption of natural drainage patterns and undisturbed soil; and
c. A void soil compaction in landscape areas.
4. The grading design plan shall contain the following statement: "I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the grading plan."
5. Turfis not allowed on slopes greater than 25% where the toe of the slope is adjacent to an impermeable hardscape and where 25% means 1 foot of vertical elevation change for every 4 feet of horizontal length (rise divided by run x 100 = slope percent).
6. Slopes greater than 25% shall not be irrigated with an irrigation system with a precipitation rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer specifies an alternative design or technology, as part of the Landscape Documentation Package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff must be confirmed during an irrigation audit.
7. All grading must retain normal stormwater runoff and provide for an area of containment. All irrigation water must be retained within property lines and not allowed to flow into public streets or public rights-of-way. Where appropriate, a simulated dry creek bed may be used to convey storm drainage into retention areas. A drywell shall be installed if the retention basin is to be used as a recreational area.
8. Mounded or sloped planting areas that contribute to runoff onto hardscape are prohibited. Sloped planting areas above a hardscaped area shall be avoided unless there is a drainage swale at toe of slope to direct runoff away from hardscape.
9. Median islands must be graded to prevent stormwater and excess irrigation runoff.
E. Irrigation Design Plan
For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufactures recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. An irrigation design plan 17
Item 19.
Revised 08.08.17
meeting the following criteria shall be submitted as part of the Landscape Documentation Package.
Separate landscape water meters shall be installed for all projects except single family homes with a landscape area less than 5,000 square feet. Landscape meters for single family homes with a landscape area over 5,000 square feet may be served by a permanent service connection provided by the District or be a privately owned submeter installed at the irrigation point of connection on the customer service line. When irrigation water is from a well, the well shall be metered. The irrigation design plan shall be drawn on project base sheets. It should be separate from, but use the same format as, the landscape design plan.
The irrigation system specifications shall accurately and clearly identify the following:
1. Specifications for Irrigation Design.
a. Control valves, manufacturer's model number, size and location. b. Irrigation head manufacturer's model number, radius, operating pressure, gallons per minute/gallons per hour (gpm/gph) and location.
c. Piping type, size and location.
d. Point of connection or source of water and static water pressure. e. Meter location and size (where applicable).
f. Pump station location and pumping capacity (where applicable). g. Power supply/electrical access and location.
h. Plan scale and north arrow on all sheets.
i. Graphic scaling on all irrigation design sheets.
j. Irrigation installation details and notes/specifications. k. The irrigation system shall be automatic, constructed to discourage vandalism and simple to maintain.
I. All equipment shall be of proven design with local service available.
m. Show location, station number, size, and design gpm of each valve on plan. Control valves shall be rated at 200 psi.
n. Visible sprinklers near hardscape shall be of pop-up design. o. All heads should have a minimum number of wearing pieces with an extended life cycle.
p. Sprinklers, drippers, valves, etc., must be operated within manufacturer's specifications.
q. Manual shut-off valves shall be fully ported ball valves or butterfly valves. Manual shut-off valves are required upstream of automatic valve manifolds.
18
Item 19.
Revised 08.08.17
r. Master valves shall be metal, located as close to the point of connection as possible, and be metal piped between the master valve and the water meter.
s. High flow sensors that detect and report high flow conditions created by system damage or malfunction shall be specified for all projects where a dedicated landscape irrigation meter is required. t. The following statement "I have complied with the criteria of the ordinance and have applied them accordingly for the efficient use of water in the irrigation design plan;" and
u. The signature of a licensed landscape architect, certified irrigation designer, irrigation consultant, landscape contractor or any other person authorized to design an irrigation system.
2. Specifications for Irrigation Efficiency
The minimum irrigation efficiency shall be 0.75 (75%). Greater irrigation efficiencies are expected from well-designed and maintained systems.
The following are required:
a. Design spray head and rotor head stations with consideration for worst wind conditions. Close spacing and low-angle nozzles are required in high and frequent wind areas (ETo Zone No. 5). b. Spacing of sprinkler heads shall not exceed manufacturer's maximum recommendations for proper coverage. The plan design shall show a minimum of 0.75 (75%) distribution uniformity. c. Only irrigation heads with matched precipitation rates shall be circuited on the same valve.
d. Valve circuiting shall be designed to be consistent with hydrozones.
e. Individual hydrozones that mix plants that are moderate and low water use may be allowed if:
(i) plant factor calculation is based on the proportions of the respective plant water uses and their plant factor; or
(ii) the plant factor of the higher water using plant is used for the calculations.
f. Individual hydrozones that mix high and low water use plants shall not be permitted.
g. On the landscape design plan and irrigation design plan, hydrozone areas shall be designated by number, letter, or other designation.
On the irrigation design plan, designate the areas irrigated by each valve, and assign a number to each valve. Use this valve number in the hydrozone information table. This table can assist with pre-inspection and final inspection of the irrigation system, and programming the controller.
3. Irrigation System Criteria
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Item 19.
Revised 08.08.17
a. Reduced pressure backflow prevention devices shall be installed behind meter at curb by the District.
b. Show location, station number, size and design gpm of each valve on plan.
c. Smart Controllers shall be specified for all projects. This includes climate based or sensor based controllers, which can automatically adjust for local weather and/or site conditions.
d. High flow check valves shall be installed in or under all heads adjacent to street curbing, parking lots and where damage could occur to property due to flooding, unless controllers with flow sensor capabilities are specified that can automatically shut off individual control valves when excess flow is detected. e. Pressure compensating screens/devices shall be specified on all spray heads to reduce radius as needed to prevent overthrow onto hardscape and/or to control high pressure misting.
f. All irrigation systems shall be designed to avoid runoff onto hardscape from low head drainage, overspray and other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways or structures.
g. Rotor type heads shall be set back a minimum of 4 feet from hardscape.
h. The use of drip, microirrigation or pressure compensating bubblers or other systems with efficiencies of 90 percent or greater is required for all shrubs and trees. Small, narrow (less than 8 feet), irregularly shaped or sloping areas shall be irrigated with drip, microspray or PC (pressure-compensating) bubbler heads. i. Trees in turf areas shall be on a separate station to provide proper deep watering.
j. Street median irrigation
i. No overhead sprinkler irrigation system shall be installed in median strips or in islands.
ii. Median islands or strips shall be designed with either a drip emitter to each plant or subsurface irrigation. Bubblers used for trees must be fixed-flow pressure compensating type.
Adjustable bubblers are prohibited
k. Meter sizing for landscape purposes shall be 33 gpm per planted acre. Maximum design meter flow rates are: 3/4" = 23 gpm, 1" = 37 gpm, 1-1/2" = 80 gpm, 2" = 120 gpm
l. Large projects located outside Improvement District No. 1 of the Coachella Valley Water District shall connect to or provide future connection to recycled water if such water is available. Large projects located inside Improvement District No. 1 may be 20
Item 19.
Revised 08.08.17
required to connect to canal irrigation water or recycled water if such water is available. (See attached boundary map.)
4. Drip Irrigation System Criteria
a. The drip system must be sized for mature-size plants. b. The irrigation system should complete all irrigation cycles during peak use in about 12 hours. Normally, each irrigation controller should not have more than four drip stations that operate simultaneously.
c. Field installed below ground pipe connections shall be threaded PVC or glued PVC. Surface laid hose and tubing is prohibited.
Polyethylene tubing is allowed only in subsurface installations.
Drip emitter installation shall be directly into polyethylene tubing on a ¼ inch thick-walled riser. Multi-port outlet devices and multiport distribution is prohibited. d. Proportion gallons per day per plant according to plant size. The following sizing chart is for peak water use. The low to high end of the range is according to the relative water requirements of the plants. The low end is for desert natives and the high end is for medium water use type plants.
Gallons
Size of Plant PerDa
Large trees (over 30-foot diameter) 58+ to 97+
Medium trees (about 18-foot diameter) 21 to 35
Small trees/large shrubs (9-foot 6 to 10
diameter)
Medium shrubs (3.5-foot diameter) .8 to 1.3
Small shrubs/groundcover .5 or less
e. Plants with widely differing water requirements shall be valved separately. As an example, separate trees from small shrubs and cactus from other shrubs. Multiple emitter point sources of water for large shrubs and trees must provide continuous bands of moisture from the root ball out to the mature drip line plus 20 percent of the plant diameter. See Appendix C for more information on emitter spacing and wetted area.
f. Most plants require 50 percent or more of the soil volume within the drip line to be wetted by the irrigation system. See Appendix C for more information. For additional information on plant watering and plant relative water needs, see the plant list section of the "Lush and Efficient, Desert Friendly Landscaping in the Coachella Valley" or a list provided by the local agency. 21
Item 19.
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5. Recycled Water Specifications
a. When a site has recycled water available or is in an area that will have recycled water available as irrigation water, the irrigation system shall be installed using the industry standard purple colored or marked "Recycled Water Do Not Drink" on pipes, valves and sprinkler heads.
b. The backup groundwater supply (well water or domestic water) shall be metered. Backup supply water is only for emergencies when recycled water is not available.
c. Recycled water users must comply with all county, state and federal health regulations. Cross connection control shall require a 6-inch air gap system or a reduced pressure backflow device. All retrofitted systems shall be dye tested before being put into service. d. Where available, recycled water shall be used as a source for decorative water features.
e. Sites using recycled water are not exempted from the Maximum Applied Water Allowance (MA WA), prescribed water audits or the provisions of these criteria.
f. A Recycled Water Checklist (Appendix G) shall be submitted to the District upon submittal of the first plan check of the landscape design plan and the irrigation design plan.
6. Irrigation Water (Nonpotable) Specifications
a. When a site is using nonpotable irrigation water that is not recycled water (from an on-site well or canal water) all hose bibs shall be loose key type and quick coupler valves shall be of locking type with nonpotable markings to prevent possible accidental drinking of this water.
b. Sites using nonpotable irrigation water are not exempted from the Maximum Applied Water Allowance (MAWA), prescribed water audits or the provisions of these criteria.
7. Groundwater Water Specifications
a. Sites using groundwater irrigation water from wells are not exempted from the Maximum Applied Water Allowance
(MA WA), prescribed water audits, or the provisions of these criteria.
8. Golf Course Criteria
a. For all new golf courses and additions or renovations to existing golf courses, the area of irrigated turf used for tees, fairways, greens and practice areas shall be limited. The total turf area of the golf course shall be limited to a maximum of four ( 4) irrigated acres average per golf hole. Practice areas such as driving ranges and short game areas shall not exceed ten ( 10) acres of turf. The golf course design shall reflect the natural topography and drainage 22
Item 19.
00.00.040
A.
Revised 08.08.17
ways of the site, minimize the clearing of vegetation and be flexible and water efficient in design.
b. All nonturf areas such as ponds, lakes, artificial water courses, bunkers and irrigated landscapes within the golf course project area must not exceed the Maximum Applied Water Allowance (MAW A) calculations set forth within these criteria.
Other Provisions
Landscape Audit, Irrigation Survey, and Irrigation Water Use Analysis for New Construction and Rehabilitated Landscapes
1. This section shall apply to new construction and rehabilitated landscape projects installed after January 1, 2010 as described in Section 0.00.030.
2. All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor.
3. The project applicant shall submit an irrigation audit report with the Certificate of Completion to the local agency that may include, but not be limited to, inspection, system tune-up, system test with distribution uniformity, reporting overspray or run-off that causes overland flow, and preparation of an irrigation schedule, including configuring irrigation controllers with application rate, soil types, plant factors, slope, exposure and any other factors necessary for accurate programming;
4. The District will administer programs that may include, but not be limited to, irrigation water use analysis, irrigation audits and irrigation surveys for compliance with the Maximum Applied Water Allowance (MAW A).
5. The owner of the landscaped area shall bear the cost of the audit.
B. Irrigation Audit, Irrigation Survey and Irrigation Water Use Analysis for Existing Landscapes
1. This section shall apply to all existing landscapes that were installed before January 1, 2010 and are over one (1) acre in size.
2. The District will administer programs that may include, but not be limited to, irrigation water analysis, irrigation surveys and irrigation audits that verify landscape water use does not exceed the Maximum Applied Water Allowance (MAW A) for existing landscapes. The Maximum Applied Water Allowance (MAWA) for existing landscapes shall be calculated as:
MA WA= (.70) (ETo) (LA) (.62/748) unless landscape plans were submitted and approved under a more water conserving ordinance.
C. Water Waste Prevention
1. Water Waste Prevention. Water waste resulting from inefficient landscape irrigation including run-off, low-head drainage, overspray, or other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways, or structures is prohibited. All broken heads and pipes must be repaired within 72 hours of notification. Penalties for violation of these prohibitions are established in Section 0.00.070. 23
Item 19.
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2. Water service to customers who cause water waste may have their service discontinued.
3. Customers who appear to be exceeding the Maximum Applied Water Allowance (MA WA) may be interviewed by the District Water Management Department to verify customer water usage to ensure compliance.
D. Soil Management Report
l. In order to reduce runoff and encourage healthy plant growth, a soil management report shall be completed by the project applicant or designee as follows:
a. Submit soil samples to a laboratory for analysis and recommendation.
b. Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants.
c. The soil analysis may include:
i. Determination of soil texture, indicating the available water holding capacity.
ii. An approximate soil infiltration rate (either) measured or derived from soil texture/infiltration rate tables. A range of infiltration rates shall be noted where appropriate.
iii. Measure of pH, total soluble salts and percent organic matter.
d. The project applicant or designee shall comply with one of the following:
i. If significant mass grading is not planned, the soil analysis report shall be submitted to the local agency as part of the Landscape Documentation Package; or
ii. If significant mass grading is planned, the soil analysis report shall be submitted to the local agency as part of the Certificate of Completion.
e. The soil analysis report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and the irrigation plans to make any necessary adjustments to the design plans.
f. The project applicant or designee shall submit documentation verifying implementation of soil analysis report recommendations to the local agency with the Certificate of Completion.
E. Developer-Provided Documentation
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Item 19.
Revised 08.08.17
1. The developer/applicant/designee shall provide an approved copy of the Landscape Documentation Package and the following information for the homeowner or irrigation system operator. The package/information shall include a set of drawings, a recommended monthly irrigation schedule, and a recommended irrigation system maintenance schedule as described in Section 0.00.040G.
2. Irrigation Schedules. For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water to maintain plant health. Irrigation schedules shall meet the following criteria:
a. An annual irrigation program with monthly irrigation schedules shall be required for the plant establishment period, for the established landscape, and for any temporarily irrigated areas. The irrigation schedule shall:
i. Include run time (in minutes per cycle), suggested number of cycles per day, and frequency of irrigation for each station.
ii. Provide the amount of applied water (in hundred cubic feet) recommended on a monthly and annual basis.
iii. Whenever possible, incorporate the use of
evapotranspiration data, such as those from the California Irrigation Management Information System (CIMIS)
weather stations, to apply the appropriate levels of water for different climates.
iv. Whenever possible, be scheduled between 8:00 p.m. and 10:00 a.m. to avoid irrigating during times of high wind or high temperature. Run times and other water efficient
requirements may be imposed by the CVWD Board of
Directors from time to time.
G. Maintenance Schedules
A regular maintenance schedule satisfying the following conditions shall be submitted as part of the Landscape Documentation Package:
1. Landscapes shall be maintained to ensure water efficiency. A regular maintenance schedule shall include but not be limited to checking, adjusting, cleaning and repairing equipment; resetting the automatic controller, aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning; and weeding in all landscaped areas.
2. Repair of irrigation equipment shall be done with the originally specified materials or their approved equal.
3. A project applicant is encouraged to implement sustainable or environmentally-friendly practices for the overall landscape maintenance.
H. Certificate of Completion
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Item 19.
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1. The Certificate of Completion (Appendix E) shall include the following:
a. Submittal and Approval Dates of the Landscape Documentation Package and Submittal Date of the Water Efficient Landscape Worksheet
b. Project Name
c. Project Address and Location
d. Applicant Name, Telephone and Mailing Address
e. Property Owners Name, Telephone, and Mailing Address
2. Certification by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor that the landscape project has been installed per the approved Landscape Documentation Package.
3. Irrigation scheduling parameters used to set the controller. A diagram of the irrigation plan showing hydrozones shall be kept with the irrigation controller for subsequent management purposes.
4. Landscape and irrigation maintenance schedule.
5. Irrigation audit report.
6. Soil analysis report and documentation verifying implementation of soil report recommendations.
7. The project applicant shall:
a. Submit the signed Certificate of Completion to both the local agency and the District for review and approval.
b. Ensure that copies of the Certificate of Completion with all approvals are submitted to the local agency, the District, and property owner or his or her designee.
8. The District and the local agency shall:
a. Receive the signed Certificate of Completion from the project applicant.
b. Approve or deny the Certificate of Completion. If the Certificate of Completion is denied, the local agency shall provide information to the project applicant regarding reapplication, appeal or other assistance.
I. Stormwater Management
1. Storm water management practices minimize runoff and increase infiltration which recharges groundwater and improves water quality.
Implementing stormwater best management practices into the landscape and grading design plans to minimize runoff and to increase on-site retention and infiltration are encouraged.
2. Project applicants shall refer to the District, the local agency, and/or Regional Water Quality Control Board for information on any applicable stormwater ordinances and stormwater management plans.
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Item 19.
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3. Rain gardens and other landscape features that increase rain water capture and infiltration are recommended.
J. Public Education
0.00.050
A.
B.
C.
0.00.060
A.
B.
0.00.070
A.
1. Public education is a critical component to promote the efficient use of water in landscapes. The use of appropriate principles of design, installation, management and maintenance that save water is encouraged in the community.
2. The District and the local agency shall provide information to residents regarding the design, installation, management and maintenance of water efficient landscapes.
Review and Program Monitoring Fees
Review and Program Monitoring fees are deemed necessary to review Landscape Documentation Packages and monitor landscape irrigation audits and shall be imposed on the subject applicant, property owner or designee.
A Landscape Documentation Package review fee will be due at the time of initial project application submission to the District.
The Board of Directors, by resolution, shall establish the amount of the above fees in accordance with applicable law.
Appeals
Appeal to General Manager-Chief Engineer. An applicant, property owner or designee of any applicable project may appeal decisions made by the Water Management Department or Service Director other than imposition of penalties (see Sections 0.00.070- 0.00.090 regarding imposition of penalties) to the General Manager-Chief Engineer, in writing, within fifteen (15) days of notification of decision. The General Manager-Chief Engineer's decision shall become final on the fifteenth (15th) day following service of written notification of said decision unless a timely appeal is filed pursuant to 0.00.060 B.
Appeal to Board of Directors. An applicant, property owner or designee of any applicable project may appeal decisions made by the General Manager-Chief Engineer pursuant to Section 0.00.060 A. to the Board of Directors. Said appeal must be written and submitted to the Secretary of the Board of Directors within fifteen (15) days of the date of notification of the General Manager-Chief Engineer's decision. The Board of Directors' decision shall be final upon its adoption.
Penalties
Violation of any part of Ordinance No. 1302.5 may result in any or all of the following penalties as may be imposed by the District or any other local agency with jurisdiction to take enforcement actions. The following penalties apply when enforcement action is taken by the District:
1. Monetary. See Appendix F for schedule of monetary penalties.
2. Termination of Service.
27
Item 19.
B.
0.00.080
A.
B.
C.
D.
0.00.090
A.
B.
Revised 08.08.17
Notice. The District shall issue a written notice of imposition of penalty. The notice shall set forth penalty imposed and the reason for imposition of it. The notice shall be served on the customer by registered or certified mail and shall advise that the customer may request review of the imposition of penalty by filing a written request for a hearing pursuant to the provision of Section 0.00.080.
Hearing Regarding Penalties
Request for Hearing. Customers who have received notice of imposition of penalty may make a written request for a hearing. The District must receive the request for hearing no later than fifteen ( 15) days from the date of the notice of imposition of penalty. The request for hearing shall set forth, in detail, all facts supporting the request. Upon District's receipt of a timely request for a hearing, imposition of penalty shall be stayed until the Statement of Decision after hearing becomes final, or, if the Statement of Decision is timely appealed, the Board of Directors' order on appeal is adopted.
Notice of Hearing. Within ten (10) days of the District's receipt of the request for hearing, the District shall provide written notice to the customer of the date, time and place of the hearing. The hearing date shall be within thirty (30) days of the mailing of the notice of hearing, unless the parties agree, in writing, to a later date.
Hearing. The General Manager-Chief Engineer, or his designee, shall act as the Hearing Officer. At the hearing, the customer shall have an opportunity to respond to the allegations set forth in the notice of imposition of penalty by producing written and/or oral evidence.
Statement of Decision. Within ten ( I 0) days following the hearing, the Hearing Officer shall prepare a written Statement of Decision, which shall set forth the facts upon which the decision is based. The Statement of Decision shall be served by personal delivery or registered or certified mail on the customer. The Statement of Decision shall become final on the sixteenth (16th) day after service on the customer unless a request for appeal is timely filed with the Board of Directors pursuant to Section 0.00.090.
Appeal of Penalties
Request for Appeal. A customer may appeal a Statement of Decision by filing a written request for appeal with the Board of Directors before the date the Statement of Decision becomes final, i.e., no later than the fifteenth (15th) day following service of the Statement of Decision on the customer. The request for appeal shall set forth, in detail, all the issues in dispute and all facts supporting the request.
Notice of Appeal Hearing. No later than thirty (30) days after receipt of the request for appeal, the Board of Directors shall set the matter for a hearing.
Written notice of said hearing of appeal shall be served on the appellant by personal delivery or registered or certified mail. The hearing date shall be a date within thirty (30) days of service of the notice of hearing of appeal, unless the parties agree, in writing, to a later date. If the Board of Directors does not hear the appeal within the required time due to acts or omissions of the appellant, the Statement of Decision shall become final on the thirty-first (31 st) day after service of notice of hearing of appeal on the customer.
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Item 19.
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C. Determination and Order on Appeal. After the hearing of appeal, the Board of Directors shall issue an order affirming, modifying or reversing the General Manager-Chief Engineer's decision. The Board of Directors shall set forth its Determination and Order, in writing, and shall serve the Determination and Order to the customer by personal delivery or registered or certified mail within thirty (30) days following the hearing. The Determination and Order of the Board of Directors shall be final upon its adoption.
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Item 19.
APPENDIX A
LANDSCAPE DOCUMENTATION PACKAGE CHECKLIST
Proiect Site: Tract or Parcel Number: :., ----------- ---------- Project Assessor's Parcel Number (APN): ___________________ _ Project Location: ___________________________ _
Landscape Architect/Irrigation Designer/Contractor and Name and Contact Information: __ _ Included in this Landscape Documentation Package are: (Check to indicate completion)
1. 2.
Water Efficient Landscape Worksheet (Appendix B)
WATER BUDGET CALCULATIONS (Appendix D)
Maximum Applied Water Allowance (MAW A):
Conventional Landscape: ___ I 00 cubic feet/year
+ Recreational Turf grass Landscape: __ 100 cubic feet/year (if applicable) Maximum Applied Water Allowance: ____ 100 cubic feet/year
3. Estimated Total Water Use by Hydrozone:
Turf grass Hydrozones: ___ 100 cubic feet/year
Recreational Turf grass Hydrozones: ___ I 00 cubic feet/year Low Plant Hydrozones: ___ 100 cubic feet/year
Medium Plant Hydrozones: ___ 100 cubic feet/year
High Plant Hydrozones: ___ 100 cubic feet/year
Water Features: ___ 100 cubic feet/year
Other _____________ 100 cubic feet/year
Estimated Total Water Use: ____ 100 cubic feet/year
4. ETWU<MAWA
PLAN SETS
5. Landscape Design Plan
6. Irrigation Design Plan
7. Grading Design Plan
8. Soil Management Report
I agree to comply with the requirements of the water efficient landscape ordinance and submit a complete Landscape Documentation Package.
Date: _________ Applicant: __________________ _
Item 19.
APPENDIXB
SAMPLE WATER EFFICIENT LANDSCAPE WORKSHEET
This worksheet is filled out by the project applicant and is a required element of the Landscape Documentation Package.
PROJECT INFORMATION
Project Name
Name of Project Applicant Telephone No.
Fax No.
Title Email Address
Company Street Address
City State I Zip Code
SECTION A. HYDROZONE INFORMATION TABLE
Please complete the hydrozone table(s) for each irrigation point of connection. Use as many tables as necessary to provide the square footage of landscape area per valve.
Irrigation Point of Connection (P.O.C.) No.
Controller No. Valve
Circuit No.
Total
*Plant Type
CST = Cool Season Turf
WST = Wann Season Turf
HW = High Water Use Plants
MW = Moderate Water Use Plants
LW = Low Water Use Plants
Plant Types(s)* Irrigation
Method**
**Irrigation Method
MS = Microspray
S = Spray
R= Rotor
B = Bubbler
D = Drip
0 = Other
Area % of Landscape
(Sq. Ft.) Area
100%
Item 19.
APPENDIXC
ET PROFILE AND PLANT FACTORS
3.21 4.50
3'.82 5.35 10.70 2.29 76.46
Zones 4.17 5.83 8.33 10.00 11.67 9.17 8.33 5.83 3.33 2.50 83.34 Percent Annual ETo 0.05 0.07 0.10 0.12 0.14 0.14 0.11 0.10 0.07 0.04 0.03 Zone #2 = ALL coves, upper and lower from Highway 111 South.
Zone #3 = Moderate winds, minimum monthly shadows, some blowing dust and sand, upper valley predominant wind from northwest.
Zone #4 = Moderate winds, minimum monthly shadows, some blowing dust and sand lower valley has lower elevation and more summer southwest wind.
Zone #5 = Frequent strong northwest winds, heavy blowing dust and sand, typical of 1-10 corridor.
Maximum Applied Water Allowance (CCF) = ETo (inches) x 0.4Sx Area (Square feet) x 0.62 + 748 ET Adjustment Factor= 0.45
0.62= gallons per square foot per inch deep
CCF= 100 cubic feet = 1 billing unit= 748 gallons
Estimated Total Water Use (CCF) = ETo (Inches) XPlant Factor xArea (Square Feet)x0.62 : 748 Irrigation System Efficiency
Emitters per Plant Estimate =
Area of Plant (square feet)xPercent of Area to be Wet
Square Feet Wet Per Emitter
Soil Type Inches Water Holding Capacity per Inch of Depth Description Very Coarse Sand O.OS Typical of high on an alluvial fan Blow Sand 0.07 Typical of mid valley ridge area
Fine Sand 0.10 Typical of low alluvial fans from
Rancho Mirage to Indian Wells
Very Fine Silty Sand 0.15 Typical of lowest alluvial fans from La Quinta, Indio, Coachella
Silt Loam 0.17 Typical of lower valley agricultural
areas located below sea level
Target Irrigation Efficiency
0.80= Turf Rotor
0.75= Sprayheads
0.90= Drip/Micro/PC Bubblers
Emitter Wetted
Area Square Emitter Spacing
Feet Each
0.75 to 1.75 10"
1.75 to 3 18"
3 to 5 3'
5to 10 4'
10 to 28 4.5'
6.94
Item 19.
APPENDIXC
ET PROFILE AND PLANT FACTORS
Warm Turf 100%** NR NR NR I 0.80 0.80 I 0.80 0.80 0.80 0.80 I NR I NR NR 0.80 €001 IDurf80%* 0,80 0.80 0.801 0.70 .t-lR I NR .m, 'NR! NR 0.80 0.80 0.80 0.79 Warm Turf60%* NR NR NR 0.60 0.60 0.60 0.60 0.60 0.60 0.60 NR NR 0.60 €ombined llur.fSav• m8o 0!801 0.80J ' Oi60 0160 0.60 0.60 0.601 0.601 0.70 t0,80 0.80 10.70 Tree/Shrub/GC L* 0.20 0.20 0.20 0.20 0.20 0.20 0.20 0.20 0.20 0.20 0.20 0.20 0.20 liree/Slirub/GC IE.** 0.40 0~40, 0.40 0.401 0.40 0.40 0.40 10.40 0!40 MO 0.40 ,o.40, 0.40 ...... - ·- Tree/Shrub/GC M* 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.50 Ji~b1iub/GC;Nf••· 0.70 0,70 ,0.70 0.70 0.70 0:70 0.70 0.70 0)70, 0.70 0.70 0.70 0.70 ..
Tree/Shrub/GC H* 0.80 0.80 0.80 0.80 0.80 0.80 0.80 0.80 0.80 0.80 0.80 0.80 0.80 liree/Sbrub/G€ ID* iL.00 LOO 1.00 ~.00 a.oo, 1.00 1.00 1.00 ,1.00 1.00 '1.00 11.00 1 .00 Open Water Factor I.IO 1.10 1.10 I.JO 1.10 1.10 1.10 I.I O I.IO 1.IO 1.IO 1.10 1.10 CombinedTurfSav = Combination of cool and warm season turf according to normal management in the Coachella Valley * = Normal irrigation level to maintain established planting ** = Normal irrigation level during plant establishment *** = Approximate evaporation. Reference, WULCOLS IV
GC = Groundcover
L = Low water use, Kc. 0.1 to 0.3
M = Moderate water use, Kc. 0.4 to 0.6
H = High water use, Kc. 0.7 to 0.9
NR = Not Recommended
Item 19.
APPENDIXD
SAMPLE CALCULATION/ESTIMATED TOTAL WATER USE (by Hydrozone) Using the following formula from Appendix C:
ETWU
ETWU
ETo
PF
LA
.62
748
IE
= (ETo) x (PF) x (LA) x (.62)] / (748) I (IE)
= Estimated Water Use (hundred cubic feet)
= Reference Evapotranspiration (inches)
[ for period of estimate]
= Plant Factor (Kc)
= Landscaped Area (in square feet)
= Conversion Factor (to gallons per square foot)
= Conversion Factor (to hundred cubic feet)
= Irrigation System Efficiency
Project Site Example: Total landscaped area 60,000 square feet in Palm Desert near the intersection of Cook Street and Country Club Drive in Zone No. 2 (64.0" Annual ETo).
• 12,000 square feet of turf grass overseeded with rye grass in winter, irrigated with low angle rotor sprinklers.
• 32,700 square feet of "low" desert native plantings on drip irrigation. • 15,300 square feet of "moderate" water using plantings on drip irrigation.
See Appendix C for formula factors. ETo is totaled for season. Turf grass plant factors are the average for the season and tree/shrub/groundcover plant factors are considered constant annually.
Plant Factors
Turf
Grass
0.70 Low Native
Plants
0.20 Moderate
Shrubs
0.50 ETWU = [(ETo) x (PF) x (LA) x (.62) / (748)] /(IE)= CCF Overseeded Turf Grass: Season= 64.0 x 0.7 x 12,000 x 0.62-+- 748 -+-0.80 = 557 CCF Seasonal TurfETWU = 557 CCF
"Low" Native Plants: Annual= 64.0 x 0.2 x 32,700 x 0.62-+- 748-+- 0.90 = 385 CCF "Low" Native ETWU = 385 CCF
"Moderate" Shrubs and Ground Cover: Annual = 64.0 x 0.5 x 15,300 x 0.62 -+- 748 -+-0.90 = 451 CCF
"Moderate" ETWU = 451 CCF
Project Total ETWU = l,393CCF
Item 19.
APPENDIXD
SAMPLE CALCULATION
Maximum Applied Water Allowance (MA WA)
Using the following formula:
MA WA = [(ETo) x (0.45) x (LA) x (0.62)] / (748)
MA WA = Maximum Applied Water Allowance (CCF or hundred cubic feet) ETo = Reference Evapotranspiration (inches per year)
0.45 = ET adjustment factor
LA = Landscaped Area (square feet)
0.62 = Conversion Factor (to gallons per square foot)
748 = Conversion Factor (to hundred cubic feet)
Using the project for the Estimated Total Water Use example:
Landscaped area of 60,000 square feet in Palm Desert near the intersection of Cook Street and Country Club Drive in Zone No. 3 (64.0" Annual ETo).
MAWA = 64.0 (ETo) x (0.45) x (LA) x (0.62) + (748)
= [64.0(0.45) (60,000) (0.62)] I (748)
MAWA = 1,432 CCF
ETWU total of l ,393CCF is < the MAW A of 1,432 CCF
Item 19.
APPENDIX E
SAMPLE CERTIFICATE OF COMPLETION
Project Name: _________________________ _
Parcel Map or Tract No.: ______ _ APN:
----------- Project Location: ________________________ _ Maximum Applied Water Allowance (MAW A): ______ (in hundred cubic feet) Estimated Annual Total Applied Water Use: (in hundred cubic feet) Preliminary project documentation submitted (initials indicate submittal) ___ 1. Grading design plan
___ 2. Landscape design plan
-----'3. Irrigation design plan
___ 4. Irrigation schedules
Post Installation inspection (initials indicate completion) ___ 1. Plants installed as specified
___ 2. Irrigation System installed as designed
Comments: ---------------------------
A copy of this certification has been provided to the owner/developer, the local agency and to the District. I certify the work has been completed in accordance with District Ordinance 1302.5, Landscape and Irrigation System Design Criteria.
Landscape Architect/Designee Signature License No. Date l. Date the Landscape Documentation Package was submitted to the Local Agency: __ _
2. Date the Landscape Documentation Package was approved by the Local Agency: ---
3. Date a copy of the Water Efficient Landscape Worksheet (including the Water Budget Calculation) was submitted to the District: ---
Item 19.
APPENDIX F
SCHEDULE OF MONETARY PENALTIES
I. $250 upon receipt of first written Notice ofNon-compliance.
2. An additional $250 (for a total of $500) upon receipt of the second Notice of Noncompliance issued thirty (30) days after the receipt of the first Notice of Non-compliance.
Item 19.
APPENDIXG
Recycled Water Checklist
I. Obtain coverage under the general waste discharge requirements for discharge of recycled water for golf course and landscape irrigation Order No. 97-700 or equivalent version of this permit from the California Regional Water Quality Control Board of the Colorado River Basin Region (Regional Board) by submitting a Notice of Intent to the Regional Board and paying application/annual fees.
2. Enter into an agreement with CVWD for receiving nonpotable water for golf course and landscape irrigation. The agreement between discharger and CVWD must be provided to the Regional Board within 90 days of receiving coverage under the permit referenced above in item # I .
3. Landscape and Irrigation system plans must meet regulatory requirements of Order 97- 700 or equivalent version of this permit, the State Board's Recycled Water Policy, and California Department of Public Health (CDPH) Statutes and Regulations related to recycled water, such as the Health and Safety Code, the Water Code, Title 17 and Title 22 Code of Regulations. These requirements include but are not limited to the following:
a. An air-gap separation, a vertically measured distance between supply pipe and receiving vessel must be present and meet the required distance for the size of the supply pipe.
b. The appropriate type of backflow protection is to be installed for auxiliary water supplies and recycled water.
c. The required separation distance between recycled water lines and impoundments and application area; and domestic wells and water lines is maintained and approved by CDPH.
d. The design of the irrigation system shall not cause the occurrence of ponding anywhere in the reuse area, and overspray or mist around dwellings, outdoor eating areas and/or food handling facilities is eliminated. Irrigation runoff shall be confined to the recycled water use area unless authorized by CDPH. e. Drinking fountains will be protected from spray, mist or runoff by use of a drinking fountain cover or shelter approved for this purpose. f. Hose bibs are not allowed on portions of the recycled water systems accessible to the general public. Quick couplers that differ from those used on the potable water system are allowed.
Item 19.
g. Signs are posted in areas that the public has access to that are no less than 4 inches high by 8 inches wide and include "RECYCLED WATER-DO NOT DRINK" and the international do not drink symbol as indicated in CCR Title 22 Division 4 Chapter 3 Article 4 Section as figure 60310-A. The number and locations of these signs will be approved by CDPH.
h. The recycled water irrigation system is able to be operated during a time of day that will minimize contact with the public.
i. All pipes installed above or below ground on or after June I, 1993 designed to carry recycled water are to be colored purple or wrapped in purple tape. j. Golf course pump houses utilizing recycled water are appropriately tagged with warning signs with proper wording of sufficient size to warn the public that recycled water is not safe for drinking. All new and replacement at grade valve boxes shall be purple or appropriately tagged for water reuse purposes.
All other appurtenances and equipment used for recycled water must be identified as used for recycled water distribution per the recommendations of CDPH.
4. Prior to construction, landscape and irrigation system plans must be submitted for approval to the following agencies (please allow for a 30 day comment period):
a. Regional Board Water Quality Control Board,
b. California Department of Public Health, and
c. CVWD.
5. Upon approval from the Regional Board and CDPH, the discharger shall provide notification that recycled water will be used for irrigation to people who reside adjacent to the recycled water use area and to golf course patrons though a method approved by the Regional Board's Executive Officer and CDPH at least 30 days prior to use of recycled water.
6. A Use Site Supervisor must be designated and his or her name and contact information must be provided in writing to CVWD and the Regional Board 30 days prior to discharge ofrecycled water. This person will be available to be contacted and receive periodic education and training on the uses and restrictions ofrecycled water.
7. A cross-connection control test will be performed on the irrigation and domestic systems prior to the discharge of recycled water and at least once every four years thereafter. This test is to be conducted by an American Water Works Association (A WWA) certified cross-connection control program specialist or equivalent. The results of these tests are to be submitted to CVWD, CDPH, and the Regional Board within 30 days oftest completion.
8. "As-Built" plans and specifications showing the domestic and irrigation systems, location of all potable and recycled water connections and location of all on-site and nearby wells to CDPH, as per the CDPH requested time frame.
Item 19.
APPENDIXH
Prescriptive Compliance Option
(a) This appendix contains prescriptive requirements which may be used as a compliance option to Ordinance 1302.5, Landscape and Irrigation Design Criteria. (b) Compliance with the following items is mandatory and must be documented on a landscape plan in order to use the prescriptive compliance option:
(1) Submit a Landscape Documentation Package which includes the following elements:
i. Date
ii. Project applicant
iii. Assessor's Parcel Number (project address if available) iv. Total landscape area (square feet), including a breakdown of turf and plant material
v. Project type (e.g., new, rehabilitated, single-family residential, home-owner installed)
vi. Water supply type (e.g., potable, recycled, well)
vii. Applicant signature and date with statement, "I agree to comply with the requirements of the prescriptive compliance option of Ordinance 1302.5".
(2) Plant material shall comply with all of the following; i. Install climate adapted plants that require occasional, little or no summer water (average WUCOLS plant factor 0.3) for 75% of the plant area excluding edibles.
ii. A minimum three inch (3") layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated.
(3) Turf shall comply with all of the following:
i. Turf shall not exceed 25% of the landscape areas;
ii. Turf shall not be planted on sloped areas which exceed a slope of l foot vertical elevation change for every 4 feet of horizontal length;
Ill. Turf is prohibited in areas less than l O feet wide. (4) Irrigation systems shall comply with the following:
i. Automatic irrigation controllers are required and must use evapotranspiration or soil moisture sensor data and utilize a rain sensor.
ii. Irrigation controllers shall be of a type which does not lose programming data in the event the primary power source is interrupted.
Item 19.
iii. Pressure regulators shall be installed on the irrigation system to ensure the dynamic pressure of the system is within the manufacturers recommended pressure range.
iv. Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be installed as close as possible to the point of connection of the water supply.
v. All irrigation emission devices must meet the requirements set in the ANSI standard, ASABE/ICC 802-2014. "Landscape
Irrigation Sprinkler and Emitter Standard," All sprinkler heads installed in the landscape must document a distribution uniformity low quarter
vi. Areas less than ten (I 0) feet in width in any direction shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray.
(5) Prior to final inspection, the permit applicant must provide the owner of the property with a certificate of completion, certificate of installation, irrigation schedule and a schedule oflandscape and irrigation maintenance.
Item 19.
Ordinance to be effective on July 28, 2020.
PASSED AND ADOPTED by the Board of Directors of the Coachella Valley Water District, County of Riverside, State of California, this 28th day of July 2020 by the following roll call vote:
A YES: Powell, Nelson, O'Dowd, Estrada
NOES:None
ABSENT: Bianco
ATTEST:
Sylvia e udez, CMC Clerk of the Board
Coache Valley Water District
~ <0 ~- JP.Powell, Presiden
Coachella Valley Water District
Item 19.
Desert Water Agency
Item 19.
Desert Water Agency
Water Shortage Contingency Plan
Final Draft
prepared on behalf of
Desert Water Agency
1200 S Gene Autry Trail
Palm Springs, California 92264
prepared by
Rincon Consultants, Inc.
2060 Knoll Drive
Ventura, California 93003
May 11, 2026
Item 19.
Water Shortage Contingency Plan
i
Table of Contents
1 Introduction .........................................................................................................................................1 2 Water Supply Reliability Analysis .......................................................................................................2 3 Annual Water Supply and Demand Assessment Procedures ............................................................3
3.1 Decision Making Process .........................................................................................................3
3.2 Data and Methodologies ..........................................................................................................4
3.2.1 Evaluation Criteria ........................................................................................................4
3.2.2 Water Supply ................................................................................................................4
3.2.3 Current Year Unconstrained Customer Demand .........................................................4
3.2.4 Current Year Supply .....................................................................................................4
3.2.5 Infrastructure Considerations .......................................................................................4
3.2.6 Other Factors................................................................................................................4 4 Six Standard Water Shortage Levels .................................................................................................4 5 Shortage Response Actions ...............................................................................................................5
5.1 Supply Augmentation ...............................................................................................................5
5.2 Demand Reduction Actions and Mandatory Use Restrictions .................................................6
5.3 Operational Changes .............................................................................................................11
5.4 Additional Mandatory Restrictions..........................................................................................11
5.5 Emergency Response Plan....................................................................................................11
5.6 Seismic Risk Assessment and Mitigation Plan ......................................................................11
5.7 Shortage Response Action Effectiveness ..............................................................................12 6 Communication Protocols.................................................................................................................12 7 Compliance and Enforcement ..........................................................................................................14
7.1 Penalties.................................................................................................................................14
7.2 Appeals and Exemption Process ...........................................................................................14 8 Legal Authorities ...............................................................................................................................14
8.1 Declaration of Water Shortage...............................................................................................15
8.2 Proclamation of Local Emergency .........................................................................................15 9 Financial Consequences of WSCP Implementation.........................................................................16
9.1 Financial Impacts and Mitigation Action.................................................................................16
9.2 Reporting Cost of Compliance with Excessive Water Use Prohibition During Drought Emergency .............................................................................................................................16 10 Monitoring and Reporting .................................................................................................................16 11 WSCP Refinement Procedures ........................................................................................................17 12 Special Water Feature Distinction ....................................................................................................17 13 Plan Adoption Submittal, and Availability .........................................................................................17 14 References .......................................................................................................................................18
Item 19.
Water Shortage Contingency Plan
ii
Tables
Table 1. Annual Assessment Decision-Making Process ........................................................ 3 Table 2. Water Shortage Contingency Plan Levels ................................................................ 5 Table 3. Supply Augmentation and Other Actions.................................................................. 6 Table 4. Demand Reduction Actions...................................................................................... 7 Table 5. Communication Plan Outline...................................................................................13 Table 6. Enforcement Actions ..............................................................................................14 Table 7. City and County Coordination on Proclamation of Emergencies ..............................15 Attachments
Attachment A Desert Water Agency Ordinance No. 72
Item 19.
Water Shortage Contingency Plan
1 1 Introduction
This Water Shortage Contingency Plan (WSCP) describes how the Desert Water Agency (DWA) intends to predict and respond to foreseeable and unforeseeable water shortages, which occur when available water supplies are reduced to a level that cannot support typical demand at any given time. The WSCP serves as a planning document to guide the DWA Board of Directors, staff, and the public by identifying response actions that allow for efficient and accountable management of water shortages with predictability and transparency. While the WSCP does not provide absolute direction, it offers a range of response options to address varying water shortage conditions.
Water shortages may be triggered by hydrologic limitations in supply—such as prolonged periods of below-normal precipitation and runoff—failures or limitations in supply or treatment infrastructure, or a combination of both. Hydrologic or drought-related shortages typically develop and subside gradually, whereas infrastructure-related shortages tend to occur more suddenly and unpredictably. Water supplies may be interrupted or substantially reduced due to events such as drought, earthquakes that damage delivery or storage facilities, regional power outages, or toxic spills that affect water quality.
This WSCP describes the following:
1. Water Supply Reliability Analysis. Summarizes DWA’s water supply analysis and reliability and identifies the key issues that may trigger a shortage condition.
2. Annual Water Supply and Demand Assessment Procedures. Describes the key data inputs, evaluation criteria, and methodology for assessing the system’s reliability for the coming year and the steps to formally declare any water shortage levels and response actions.
3. Six Standard Shortage Stages. Establishes water shortage levels to clearly identify and prepare for shortages.
4. Shortage Response Actions. Describes the response actions that may be implemented or considered for each stage to reduce gaps between supply and demand as well as minimize social and economic impacts to the community.
5. Communication Protocols. Describes communication protocols under each stage to ensure customers, the public, and the DWA Board of Directors are informed of shortage conditions and requirements.
6. Compliance and Enforcement. Defines compliance and enforcement actions available to administer demand reductions.
7. Legal Authority. Lists the legal documents that grant DWA the authority to declare a water shortage and implement and enforce response actions.
8. Financial Consequences of WSCP Implementation. Describes the anticipated financial impact of implementing water shortage stages and identifies mitigation strategies to offset financial burdens.
9. Monitoring and Reporting. Summarizes the monitoring and reporting techniques to evaluate the effectiveness of shortage response actions and overall WSCP implementation. Results are used to determine if additional shortage response actions should be activated or if efforts are successful and response actions should be reduced.
10. WSCP Refinement Procedures. Describes the factors that may trigger updates to the WSCP and outlines how to complete an update.
11. Special Water Features Distinctions. Identifies exemptions for ponds, lakes, fountains, pools, and spas, etc.
12. Plan Adoption, Submittal, and Availability. Describes the process for the WSCP adoption, submittal, and availability after each revision.
Item 19.
Water Shortage Contingency Plan
2 DWA is one of six agencies in the Coachella Valley participating in the development of a 2025 Regional Urban Water Management Plan (RUWMP). Each agency is adopting the RUWMP to meet its reporting requirements under the Urban Water Management Planning Act (UWMP Act). Each agency is also adopting its own WSCP. The agencies have sought to align their shortage levels and shortage response actions to the extent possible, with the intent of reducing confusion for neighboring customers during a shortage. This document is compliant with the California Water Code (CWC) Section 10632 and incorporated guidance from the California Department of Water Resources (DWR) 2025 UWMP Guidebook (DWR 2026)
2 Water Supply Reliability Analysis
This section provides a summary of the supply reliability analysis presented in Chapter 4 of the RUWMP and highlights key issues that could create a shortage condition.
The water supplies of the agencies in the Coachella Valley generally have a high degree of reliability.
The RUWMP participating agencies meet most of their urban demands with groundwater produced from the Indio and Mission Creek Subbasins of the Coachella Valley Groundwater Basin. The groundwater basin is large enough to provide storage that allows continued production during dry periods. Because production exceeds the recharge provided by precipitation and return flows, the agencies use imported water to recharge the groundwater basin. These sources of imported water for recharge include:
• Colorado River water that CVWD receives primarily through the Coachella Canal for replenishment at Thomas E. Levy Groundwater Replenishment Facility (GRF) and Palm Desert GRF, and a small portion through Metropolitan Water District of Southern California’s (MWD’s) Colorado River Aqueduct for replenishment at Whitewater River GRF. • State Water Project (SWP) water that CVWD and Desert Water Agency (DWA) have rights to receive. Because the SWP infrastructure does not extend into the Coachella Valley, CVWD and DWA have an exchange agreement with MWD to receive Colorado River water from its Colorado River Aqueduct to for replenishment at Whitewater River GRF. In return, MWD receives SWP water through the SWP infrastructure based on the annual SWP allocations to CVWD and DWA.
Drought conditions are not expected to affect CVWD’s Colorado River water supply due to the agency’s high priority allocation, though post-2026 negotiations are ongoing. Colorado River water is not a direct source of urban water supply; it is used for groundwater replenishment and non-potable irrigation uses. If a reduction in Colorado River water supply occurred, CVWD would initially reduce deliveries to groundwater replenishment projects. Subsequent reductions in delivery would be applied by the CVWD Board of Directors as provided in CVWD’s Canal Water Shortage Contingency Plan, Chapter 3.10, Article XII of CVWD’s administrative code (CVWD 2026).
Drought conditions in the Sierra Nevada would influence the SWP water allocation; thus reducing the SWP Exchange water received by CVWD and DWA. Reductions in SWP allocations have occurred during prior droughts and SWP reliability is forecasted by DWR to continue declining with future climate changes (DWR 2025). SWP exchange water is used for replenishment of the Indio and Mission Creek Subbasins and is not a direct source of urban water supply. Consequently, water use restrictions due to drought involving the SWP water supply would likely be implemented only during a prolonged drought.
During dry periods when less imported water is available, groundwater production will exceed the amount of recharge, and the volume of groundwater in storage will be reduced. However, these reductions can be reversed in wet years when additional imported water is available. The Coachella Valley Groundwater Basin is a large basin which provides a buffer during dry periods, thus allowing the agencies to develop long-term plans and programs to manage regional water supplies. The Indio Subbasin Alternative Plan Update (Indio Subbasin GSAs 2021) and Mission Creek Subbasin Alternative Plan Update (Mission Creek Subbasin Management Committee 2021) both address groundwater sustainability considering hydrologic variability of replenishment supplies and other local water sources.
Item 19.
Water Shortage Contingency Plan
3 The reliability analysis for DWA is presented in Section 6.7 of DWA’s chapter of the RUWMP. Although that analysis demonstrates that the region’s urban water supply is reliable, there are potential issues that could create a shortage condition. These include:
• An extended drought more severe than historic events, possibly exacerbated by climate change. • A natural disaster or a malevolent act that leads to prolonged disruption of imported water delivery from the Colorado River or the SWP.
• Reductions in imported water supply due to environmental restrictions related to endangered species or habitat protection.
• Identification of a currently unregulated contaminant that has widespread effects on the region’s groundwater supply.
• Regulatory mandates to reduce water use.
Water shortage contingency planning provides a way to plan for these risks and anticipate actions that can be implemented to manage the impacts. This plan describes how DWA intends to respond to such shortage events. The responses have been aligned with those of other RUWMP participating agencies to the extent possible.
3 Annual Water Supply and Demand Assessment Procedures
DWA is required to prepare an Annual Water Supply and Demand Assessment (Annual Assessment) and submit it to DWR each year. The Annual Assessment is intended to meet requirements of Water Code Section 10632.1 and present an assessment of the likelihood of a water shortage occurring during the next 12 months. This section of the WSCP outlines the procedures that DWA will use to prepare the Annual Assessment. The procedures defined in this section will allow DWA to follow a consistent annual procedure for making the determination of whether to activate the WSCP.
3.1 Decision Making Process
DWR requires a defined decision-making process for performing the Annual Assessment. The process and anticipated timeline are presented in Table 1.
Table 1. Annual Assessment Decision-Making Process
Anticipated
Timeline of
Each Year Activities
February DWA staff review available data related to anticipated supplies and demands.
March The six agencies participating in the Coachella Valley RUWMP review the data and determine whether a consistent region-wide determination on water supply reliability can be made. If needed, individual agencies may elect to activate their WSCP at different shortage levels than other participating agencies.
April DWA staff will make a determination whether to recommend implementation of shortage response actions.
May If shortage response actions are to be implemented, DWA management will present the recommendation to the governing board for consideration.
If the governing board decides to implement the WSCP, it will provide public notice of a hearing to consider changes in the implementation of the shortage response actions.
June DWA staff prepares the Annual Assessment and submits to DWR by July 1.
Item 19.
Water Shortage Contingency Plan
4 3.2 Data and Methodologies
This section describes the data and methodologies that will be used to evaluate water system reliability for the Annual Assessment.
3.2.1 Evaluation Criteria
DWA will rely on locally applicable criteria for each Annual Assessment. This includes findings of the annual reports prepared for the Indio Subbasin and the Mission Creek Subbasin for compliance with the Sustainable Groundwater Management Act. The annual Engineer’s Report on Water Supply and Replenishment Assessment will also be incorporated along with both applicable reports and data.
3.2.2 Water Supply
DWA’s anticipated supplies will be quantified for the near-term future, and descriptive text will be used to note any anticipated reductions in supply.
3.2.3 Current Year Unconstrained Customer Demand
DWA will prepare an estimate of unconstrained demand (as the term is used in Water Code Section 10632(a)(2)(B)(i)). The estimated demand will be calculated using the demand projection approach described in Section 4 of each agency’s chapter of the RUWMP, in combination with updated data for connections, climate, changes in land use, and recent water usage history.
3.2.4 Current Year Supply
DWA will describe the anticipated use of water supplies for the coming year, with the anticipation that the following year will be dry. The supplies will be characterized in a manner consistent with the RUWMP, in combination with updated data for climate and recent observations.
3.2.5 Infrastructure Considerations
DWA will describe any potential infrastructure constraints on the ability to deliver adequate supplies to meet expected customer demands in the coming year. DWA will verify that its system of wells, pipelines, pump stations, storage tanks and related infrastructure have adequate capacity to deliver the anticipated demands. DWA will describe any anticipated capital projects that are intended to address constraints in production, treatment, or distribution.
3.2.6 Other Factors
DWA will describe any specific locally applicable factors that could influence or disrupt supplies. DWA will also describe unique local considerations that are considered as part of the Annual Assessment. 4 Six Standard Water Shortage Levels
The RUWMP participating agencies have elected to use the six standard shortage levels included in guidance documents prepared by DWR. The six standard water shortage levels correspond to progressively increasing estimated shortage conditions (up to 10-, 20-, 30-, 40-, 50- percent, and greater than 50-percent shortage compared to the normal reliability condition). These levels are identified in Table 2.
Item 19.
Water Shortage Contingency Plan
5 Table 2. Water Shortage Contingency Plan Levels
Shortage
Level
Percent Shortage
Range Description Shortage Response Actions
1 Less than 10% Normal water
supplies
Mandatory prohibitions defined by the state,
ongoing rebate programs
2 Up to 20% Slightly limited water
supplies
Outdoor water use restrictions on time of day,
increased water waste patrols
3 Up to 30% Moderately limited
water supplies
Outdoor water use restrictions on days per
week, restrictions on filling swimming pools
4 Up to 40% Limited water
supplies
Limits on new landscaping, expanded public
information campaign
5 Up to 50% Significantly limited
water supplies
Limits on watering of parks or school grounds
6 Greater than 50% Severe shortage or
catastrophic incident
No potable water use for outdoor purposes
Each level in Table 2 represents an anticipated reduction in the supplies that would normally be available to DWA. These supply reductions could be the result of a variety of potential causes including natural forces, system component failure or interruption, regulatory actions, contamination, or any combination of factors. DWA may need to activate shortage levels across its entire service area or within certain areas that are impacted by an event.
The levels involve voluntary and mandatory conservation measures and restrictions, depending on the causes, severity, and anticipated duration of the water supply shortage. The locally appropriate shortage response actions that would be taken at each level to address the resulting gap between supplies and demands are described in the following section.
5 Shortage Response Actions
This section describes the shortage response actions that would be taken by DWA at each shortage level.
These actions have been grouped into categories including:
• Supply Augmentation Actions
• Demand Reduction Actions and Mandatory Use Restrictions • Operational Changes
5.1 Supply Augmentation
For long-range planning, DWA continues to evaluate opportunities for transfers, exchanges, and other purchases of imported water to increase supply reliability. CVWD and DWA collaborate to replenish the Indio and Mission Creek Subbasins with imported water, creating a stored supply that can be used for emergencies or longer-term shortages. CVWD and DWA are also making investments in increasing supply reliability from the SWP through the Delta Conveyance Facility and in securing new supplies like Sites Reservoir.
Additionally, the RUWMP participating agencies continue to implement water conservation measures and increase use of recycled water usage to reduce groundwater demand. DWA’s demand management programs are described in DWA’s chapter of the RUWMP.
In its WSCP, DWA has the option of identifying short-term supply augmentation actions that would be taken during a shortage. These actions are intended to be separate from the long-range planning efforts to sustainably manage the groundwater basin. The short-term supply augmentation measures that could be implemented are presented in Table 3.
Item 19.
Water Shortage Contingency Plan
6 Table 3. Supply Augmentation and Other Actions
Shortage
Level
Supply Augmentation
Methods and Other
Actions by Water
Supplier
How much is this going to
reduce the shortage gap?
Additional Explanation
or Reference
Volume or
Percentage
Shortage Gap
Reduction
Value
1 - 6 Exchanges Volume Medium Emergency connections
with neighboring agencies
could be activated or
constructed to help
exchange water with
adjoining systems.
5 Other Actions Volume Medium In areas where recycled
water or other non-potable
supply is available,
customers could be
mandated to use these
supplies and cease use of
potable water.
6 Other Actions Volume Medium Additional non-potable
water sources such as
new shallow groundwater
wells.
5.2 Demand Reduction Actions and Mandatory Use Restrictions The RUWMP participating agencies have aligned their demand reduction actions to the greatest extent possible, while allowing each agency flexibility needed to address unique characteristics. The agencies conducted public workshops to gather input on actions that could be taken during a water shortage. The input from stakeholders was used to select and prioritize actions that reflected the values of the community. Key elements of the input included:
• The importance of recognizing the conservation efforts that many customers have already made and not imposing requirements for all customers to meet the same percentage reduction in water use.
• The importance of involving Homeowner Associations (HOAs) to help implement and communicate response actions to individuals.
• A balanced program should include rebates (such as expanded rebates for turfgrass removal) as well as penalties (such as drought rates).
• A range of approaches is needed to communicate with customers and end users, including social media, web sites, bill inserts, presentations, and virtual tours, ideally in multiple languages.
The demand reduction actions that could be implemented at each shortage level are shown in Table 4.
During a shortage, DWA may implement some or all of the actions as needed, depending on actual conditions. As described in Section 6.9 of DWA’s chapter of the RUWMP, DWA implements demand management measures (DMMs) to increase water use efficiency which includes details regarding water waste prevention ordinances, metering, conservation pricing, and public education and outreach programs for conservation.
DWA implements mandatory restrictions on water use through Ordinance No. 72 as reflected in Attachment A. This ordinance includes regulations restricting the use of water during threatened or existing water shortage conditions. Through this ordinance, water conservation levels are established and detail prohibitions of waste and unreasonable use of water for each level as described in Table 4, including penalties and enforcement of violation.
Item 19.
Water Shortage Contingency Plan
7 Table 4. Demand Reduction Actions
Shortage
Level ID Demand Reduction Actions
How much is this going to
reduce the shortage gap?
Penalty or
Enforcement
Volume or
Percentage
Shortage Gap
Reduction Value
1 1.1 Applying any water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures is prohibited.
Volume Low No
1.2 Using any water in a fountain or other decorative water feature is prohibited, unless the water recirculates.
Volume Low No
1.3 Applying water to driveways, sidewalks, concrete or asphalt is prohibited unless to address immediate health and safety needs.
Reasonable pressure washer or water broom use is permitted.
Volume Low No
1.4 Spray irrigation of outdoor landscapes during and within 48 hours after rainfall of 0.10 inches is prohibited.
Volume Low No
1.5 Using a hose to wash a vehicle, windows, or solar panels is prohibited unless an automatic shut-off nozzle or pressure washer is used.
Volume Low No
1.6 Broken sprinklers shall be repaired within five business days of notification by agency, and leaks shall be repaired as soon as practical.
Volume Low No
1.7 Draining and refilling of private swimming pools is discouraged, unless necessary for health and safety or leak repair.
Volume Low No
1.8 Hotels will provide guests the option of choosing not to have towels and linens laundered daily.
Volume Low No
1.9 Agency shall discourage overseeding. Volume Low No
1.10 Agency shall provide rebates for landscape efficiency. Volume High No
1.11 Agency shall offer water use surveys/audits. Volume Medium No
1.12 Agency shall provide rebates on plumbing fixtures and devices. Volume Medium No
Item 19.
Water Shortage Contingency Plan
8 Shortage
Level ID Demand Reduction Actions
How much is this going to
reduce the shortage gap?
Penalty or
Enforcement
Volume or
Percentage
Shortage Gap
Reduction Value
2 2.1 Outdoor water use is prohibited during daylight hours for spray irrigation except for leak checks or with an agency approved conservation alternative plan.
Volume Medium Yes
2.2 Restaurants can serve water only on request. Volume Low Yes
2.3 Agency shall encourage use of non-potable water for construction, if available.
Volume Low No
2.4 Agency shall actively discourage overseeding. Volume Medium No
2.5 Agency shall reduce outdoor water budget by 10% Volume Medium Yes
2.6 Agency shall expand public information campaign. Volume Medium No
2.7 Agency shall increase water waste patrols. Volume Medium Yes
2.8 Agency shall reduce hydrant and dead-end line flushing. Volume Low No 3 3.1 Outdoor water use is allowed only three days a week for spray irrigation (Monday, Wednesday, and Friday).
Volume High Yes
3.2 Drip or subterranean irrigation is allowed seven days per week, during non-daylight hours.
Volume Medium Yes
3.3 Commercial nurseries are to use water only on alternate days during non-daylight hours for outside operations.
Volume Low Yes
3.4 Decorative ponds, non-irrigation system golf course water hazards, fountains, and other waterscape features are not to be filled or replenished.
Volume Low Yes
3.5 No filling of swimming pools or landscaping ponds unless necessary for health and safety or leak repair.
Volume Low Yes
3.6 Commercial car washes must use recycled water or recirculating water systems.
Volume Medium Yes
3.7 Spray irrigation of medians and parkways is prohibited. Volume Medium Yes
3.8 Agency shall encourage counties, cities, Homeowners Associations (HOAs) and other enforcement agencies to suspend code
enforcement and fines for brown turfgrass areas and to otherwise comply with new State laws regarding limitations on such enforcement.
Volume Low No
Item 19.
Water Shortage Contingency Plan
9 Shortage
Level ID Demand Reduction Actions
How much is this going to
reduce the shortage gap?
Penalty or
Enforcement
Volume or
Percentage
Shortage Gap
Reduction Value
3.9 Agency shall strengthen customer billing messages with use comparisons.
Volume Medium No
3.10 Agency shall implement water use audits targeted to key customers to ensure compliance with directives.
Volume Medium No
3.11 Agency shall expand rebate programs. Volume Medium No 4 4.1 Turfgrass landscapes may not be watered except where subterranean or non-potable water systems are used.
Volume High Yes
4.2 No new turf landscaping shall be installed. Volume N/A Yes
4.3 Agency shall implement or modify drought rate surcharge. Volume High Yes
4.4 Agency shall reduce outdoor water budget by up to 25%. Volume High Yes
4.5 Agency shall expand public information campaign. Volume Medium No 5 5.1 Watering turfgrass is prohibited. Volume High Yes
5.2 The use of misting systems is prohibited. Volume Medium Yes
5.3 Turfgrass at parks and school grounds are to be watered with recycled water, if available, or not at all.
Volume Medium Yes
5.4 Golf course greens and tees may be watered no more than two times per week during non-daylight hours with recycled water, or not at all.
Volume Medium Yes
5.5 Trees, desert plants and shrubs may be watered only with drip, subterranean or non-adjustable bubbler irrigation systems during nondaylight hours.
Volume High Yes
5.6 Outdoor water use for grading or development is prohibited. Volume High Yes
5.7 Agency shall reduce outdoor water budget by up to 50%. Volume High Yes
5.8 Agency shall impose moratorium or net zero demand on new connections.
Volume N/A Yes
5.9 Agency shall not issue new construction meters, and water service through construction meters will not be available.
Volume N/A Yes
Item 19.
Water Shortage Contingency Plan
10 Shortage
Level ID Demand Reduction Actions
How much is this going to
reduce the shortage gap?
Penalty or
Enforcement
Volume or
Percentage
Shortage Gap
Reduction Value
6 6.1 The Agency will implement mandatory rationing. Volume High Yes
6.2 Outdoor water use is prohibited. Volume High Yes
6.3 Restaurants must use disposable cups, plates, and utensils. Volume Low Yes
6.4 Commercial nurseries shall discontinue all watering and irrigation. Volume Low Yes
6.5 Watering of livestock is permitted as necessary. Volume N/A Yes
Item 19.
Water Shortage Contingency Plan
11 5.3 Operational Changes
DWA has identified potential operational changes that could be made to help address a short-term gap between demands and available supplies. These include improved monitoring and analysis of customer water usage, reductions in flushing of hydrants and dead-end lines, and use of emergency connections with neighboring water agencies. Some of the potential actions are included in Table 4. DWA may also expedite planned system improvement projects that include reduction in water loss (e.g., replacement of water mains that are experiencing higher rates of leaks and breaks).
5.4 Additional Mandatory Restrictions
DWA has identified a series of restrictions that could be implemented at different shortage levels. These restrictions are included in the demand reduction actions in Table 4.
5.5 Emergency Response Plan
The Water Code requires that an agency’s WSCP address catastrophic water shortages and plans to address them. This information can be addressed in the agency’s Emergency Response Plan (ERP).
DWA’s ERP contains sensitive information related to potential vulnerabilities or impacts of natural disasters or malevolent acts. Therefore, these documents are not typically made publicly available.
DWA’s plan outlines specific disaster-related procedures to guide staff in responding efficiently to catastrophic interruptions of water supply.
DWA collaborates on planning efforts, including emergency response, through the Coachella Valley Regional Water Management Group (CVRWMG). In addition, CVWD, DWA, Indio, and MSWD are members of the California Water/Wastewater Agency Response Network (CalWARN), which supports and promotes emergency preparedness. More information about CalWARN is available at their web site at www.calwarn.org.
The region’s imported water supplies from the Colorado River and the SWP could be disrupted by an earthquake. Because the agencies use local groundwater to meet urban demands, the agencies could continue to meet short term urban demands with groundwater production. DWA has portable generators that can be deployed to allow continued operation during a power outage.
DWR has plans in place to make emergency repairs to the SWP, and MWD has plans in place to make emergency repairs to the CRA.
RUWMP participating agencies participate in Incident Command System (ICS) training through the Federal Emergency Management Agency (FEMA), and regularly monitor key water facilities remotely.
If imported water supplies were disrupted for an extended period, it would reduce the water supply available for replenishment of the groundwater basin. DWA would implement levels of this WSCP, as needed, if pumping needed to be decreased while imported water supplies were interrupted.
5.6 Seismic Risk Assessment and Mitigation Plan
Water Code Section 10632.5 requires the agencies to assess seismic risk to water supplies as part of their WSCP. The code also requires a mitigation plan for managing seismic risks. In lieu of conducting their own seismic risk assessment, which can be a lengthy process, suppliers can comply with the Water Code requirement by submitting the relevant local hazard mitigation plan or multi-hazard mitigation plan.
The Riverside County Multi-Jurisdiction Local Hazard Mitigation Plan (MJLHMP) which was updated in 2025 (Riverside County 2023). The Riverside County MJLHMP includes an assessment of the region’s vulnerability to a broad range of hazards, including earthquakes. It also describes mitigation strategies and actions to reduce the impacts of a seismic event. The RUWMP participating agencies continue to include seismic risk assessment in their planning process for system improvements.
Item 19.
Water Shortage Contingency Plan
12 5.7 Shortage Response Action Effectiveness
As a standard operating procedure, water is tracked through the production, distribution, and billing systems. During water shortage conditions, water use can be measured in comparison to what is considered to be a normal year demand (i.e., current customer base with approximately average rainfall), or in reference to a specific base year as may be dictated by Statewide requirements.
The effectiveness of actions initiated at each shortage response is challenging to measure and can vary significantly. Effectiveness is also impacted by successful communication and outreach efforts. It is also difficult to assess the effectiveness of each activity separately as each stage implements several activities at once. For the purpose of WSCP implementation, it is assumed that the upper end of the water savings would come from the use of multiple demand reduction actions in a stage. Reduction in the shortage gap for Stages 2-6 assume all measures in the previous stage(s) are implemented and those savings are counted toward the total reduction in the shortage gap. 6 Communication Protocols
Timely and effective communication is a key element of WSCP implementation. DWA will need to inform customers, the general public, and other government entities of WSCP actions taken during a water shortage (either one determined by the Annual Assessment, an emergency, catastrophic, or other event).
An overview of planned communication approaches is provided in Table 5. These protocols have been aligned between the RUWMP participating agencies where possible, but some are tailored to the needs of DWA’s service area. DWA will adjust its communication strategy as needed to address issues that are impacting the entire service area or limited areas.
Item 19.
Water Shortage Contingency Plan
13 Table 5. Communication Plan Outline
At all times
Level 1
Up to 10% Voluntary
Conservation
Level 2
Up to 20% Mandatory
Conservation
Levels 3 and 4
Up to 30% or 40%
Mandatory Conservation
Levels 5 and 6
Up to 50% or Over 50%
Mandatory Conservation
Standard outreach efforts in
effect (media relations,
social media, website)
Update message platform
to reflect conditions, DWA’s
response, and needed
actions from public
Update campaign and
messages to generate
immediate
actions/behaviors by public,
include information on
enforcement actions
Update campaign and
messages to raise
awareness for more severe
water-saving
actions/behaviors by public,
highlight need for reduced
outdoor water use
Update campaign and
messages to reflect extreme
or emergency condition and
likely need to focus water
use on health/safety needs
Promote ongoing Water Use
Efficiency (WUE) programs
and tools and partnerships
designed to achieve longterm water management
goals
Announce status change to
key stakeholders and
general public (e.g., News
release, social media, etc.)
Announce status change to
key stakeholders and
general public (e.g., News
release, social media, etc.)
Announce status change to
key stakeholders and
general public (e.g., News
release, social media, etc.)
Announce emergency
status to key stakeholders
and general public (e.g.,
News release, social media,
etc.)
Standard coordination with
MWD and regional partners
Include increased
conservation messages on
website and in standard
outreach efforts; provide
regular condition updates to
stakeholders/media
Supplement Level 1
activities with additional
tactics as needed; provide
regular condition updates to
stakeholders/media
Supplement Level 2
outreach with additional
tactics as needed; provide
regular updates to
stakeholders/media on
conditions
Supplement Level 3-4
outreach with additional
tactics as needed; provide
regular condition updates to
stakeholders/media on
conditions
Board reports on public
communication and wateruse efficiency outreach
activities at least annually
Enhance promotion of
ongoing WUE
programs/tools; deploy
targeted advertising
Conduct issue briefings with
elected officials, other key
civic and business leaders
Conduct specialized
outreach to HOAs and local
organizations
Suspend promotion of longterm WUE programs/tools
to focus on imminent needs
Initiate regular Board reports
on campaign efforts
Increase promotion of
ongoing WUE
programs/tools
Promote available water
assistance resources for
vulnerable populations;
specialized outreach to
impacted industries
Continue enhanced
coordination with neighbor
agencies and
local/state/federal policy
makers as needed (e.g.,
daily or weekly briefings or
email updates, etc.)
Item 19.
Water Shortage Contingency Plan
14 7 Compliance and Enforcement
This section describes how DWA will ensure compliance with and enforce provisions of the WSCP. The RUWMP participating agencies have worked together to align their policies where possible, but each agency implements its compliance and enforcement actions within its service area.
7.1 Penalties
The penalties that could be imposed for non-compliance are summarized in Table 6.
Table 6. Enforcement Actions
Water
Shortage
Level First Violation
Second
Violation
(within 12
months)
Third
Violation
(within 12
months)
Subsequent
Violations Additional Information
1-6 Single-family
residence: $50
civil penalty
Single-family
residence:
$100 civil
penalty
Single-family
residence:
$250 civil
penalty
Single-family
residence:
$250 civil
penalty
DWA staff is authorized to
discontinue water service
for water waste violations.
All others:
$100 civil
penalty
All others:
$200 civil
penalty
All others:
$500 civil
penalty
All others:
$500 civil
penalty
DWA could pursue
criminal charges for
violation.
First penalties
may be
removed
through
participation in
an incentive
program at
staff discretion.
Severe or persistent
violations may be
considered a
misdemeanor.
Conviction of a violation of
could result in
imprisonment in the
County jail for up to 30
days, a fine of up to
$1000, or both such fine
and imprisonment.
7.2 Appeals and Exemption Process
This section describes the appeals and exemption processes.
Any water user violating the regulations and restrictions on water use may receive a written notice for the violation. The water user shall have seven days from receipt of the notice to submit a written request for a hearing. If no hearing is requested, or at the hearing it is determined that the water user has committed a violation, a civil penalty may be levied.
The government codes and ordinances that are used to implement these policies and processes are discussed in Section 7.
8 Legal Authorities
This section describes the legal authorities that DWA relies upon to implement the shortage response actions and the associated enforcement actions.
DWA’s Ordinance No. 72 establishes its Water Conservation Plan and was adopted June 15, 2021. A copy of the legal authority is included in Attachment A.
Item 19.
Water Shortage Contingency Plan
15 8.1 Declaration of Water Shortage
In accordance with Water Code Chapter 3 (commencing with Section 350) of Division 1 general provisions regarding water shortage emergencies, DWA shall declare a water shortage emergency in the event of a catastrophic interruption in supply.
8.2 Proclamation of Local Emergency
DWA shall coordinate with any city or county within which it provides water supply services for the possible proclamation of a local emergency under California Government Code, California Emergency Services Act (Article 2, Section 8558). Table 7 contains a list of contacts for all cities or counties for which the RUWMP participating agencies provide service in the WSCP. Along with developed coordination protocols, this can facilitate compliance with this section of the Water Code in the event of a local emergency as defined in subpart (c) of Government Code Section 8558.
Table 7. City and County Coordination on Proclamation of Emergencies City or County Contact CVWD CWA DWA Indio MDMWC MSWD
Imperial County Office of Emergency
Services
X
Riverside County Emergency
Management
Department
X X X X X X
City of La Quinta Emergency
Management Division
X X X
City of Indio Emergency Services
Coordinator
X X X
City of Coachella Emergency Services
Coordinator
X X X
City of Palm Desert Emergency Services
Coordinator
X
City of Cathedral City Emergency Manager X X
City of Indian Wells Emergency Services
Coordinator
X
City of Rancho Mirage Emergency Services
Coordinator
X
City of Palm Springs Emergency
Management
Coordinator
X X
City of Desert Hot
Springs
Emergency Services
Coordinator
X X
Item 19.
Water Shortage Contingency Plan
16 9 Financial Consequences of WSCP Implementation
This section describes the anticipated financial consequences to DWA of implementing the WSCP. The description includes potential reductions in revenue due to lower water sales and increased expenses associated with implementing the shortage response actions.
9.1 Financial Impacts and Mitigation Action
Potential financial impacts of implementing the WSCP could include:
• Reduced revenue from reduced water use
• Increased staff costs for tracking, reporting, patrolling, and enforcing restrictions • Economic impacts associated with water-dependent businesses in the service area Potential mitigation measures include:
• Triggering of drought rate structures or surcharges
• Using financial reserves
• Reducing operation and maintenance expenses (expenses related to source of supply and pumping will fall due to reduced water production)
• Deferring capital improvement projects
• Reducing future projected operation and maintenance expenses • Increasing fixed readiness-to-serve charge
• Increasing commodity charge and water adjustment rates to cover revenue shortfalls • Seeking alternative sources of funding, such as state or federal grants or loans • Other financial management mechanisms
DWA will monitor financial conditions during a water shortage and take appropriate actions, as needed.
DWA maintains financial reserves that can be used to continue operations during a period of reduced water sales. DWA has the ability to increase water rates or implement a surcharge to increase revenues from water sales.
9.2 Reporting Cost of Compliance with Excessive Water Use Prohibition During Drought Emergency
To ensure customers comply with the restrictions implemented in a water shortage emergency, additional costs may be incurred to monitor and enforce response actions. The incurred cost may vary depending on the shortage stage and duration of the water shortage emergency. The cost of compliance may be tracked when a shortage is declared. DWA may track staff time and resources used to implement the WSCP, including reduced revenue, implementing and enforcing shortage response actions, and communication and outreach efforts.
10 Monitoring and Reporting
This section describes how DWA will monitor and report on implementation of the WSCP. DWA will gather data on key water use metrics and use the data to evaluate the effectiveness of response actions in achieving their intended water use reduction purposes. DWA will also gather data on customer compliance to evaluate the effectiveness of enforcement actions. DWA will gather and report data at frequencies adequate to meet reporting requirements established by the State Water Resources Control Board and other government agencies as needed.
DWA will monitor water use by customers using billing systems and operational control systems to monitor production and consumption. Each customer is metered, and billing records will be compiled and used to observe trends in water consumption. Each groundwater well and water connection point is also
Item 19.
Water Shortage Contingency Plan
17 metered, and production records will be used to observe trends in water production. Levels in reservoirs can be monitored using the operational control systems to help identify potential high usage or leaks.
DWA staff may also perform field visits and record observations to monitor water use and identify potential issues for follow-up.
The consumption records will be aggregated by customer class to evaluate response actions and identify potential additional measures.
11 WSCP Refinement Procedures
DWA will monitor the implementation of this plan to evaluate its effectiveness as an adaptive management tool. The monitoring and reporting program described in Section 9 will provide information on the effectiveness of the shortage response actions during any shortage levels that may be invoked. If DWA determines that the shortage response actions are not effective in producing the desired results, DWA will initiate a process to refine the WSCP. DWA will consider the addition of new shortage response actions or changing the levels when shortage response actions are implemented. Suggestions for refinements will be collected from DWA staff, customers, industry experts, and the general public. The RUWMP participating agencies will share data and suggestions for refinement to identify opportunities to increase the effectiveness of the WSCP while maintaining alignment with other agencies in the region when possible.
12 Special Water Feature Distinction
The RUWMP participating agencies have distinguished swimming pools and spas as recreational water features, while non-pool and non-spa water features are considered decorative water features. This distinction is used in the shortage response actions because decorative water features have the potential to use recycled water, while most pools and spas (recreational water features) use potable water for health and safety considerations. However, this distinction does not apply to the hot mineral spring pools and spas throughout the Desert Hot Springs area; while they are recreational, they also do not rely on potable water.
As identified in DWA Ordinance No. 72 and reflected in Table 4, additional restrictions associated with water fountains, decorative water features, swimming pools, decorative ponds, waterscape features, and landscaping ponds are defined and may be subject to restrictions as described in the ordinance. For example, under Level No. 1 Normal Conditions, draining and refilling of private swimming pools is discouraged, unless necessary for health and safety repairs. 13 Plan Adoption Submittal, and Availability
This 2025 WSCP was presented for adoption at the DWA public meeting on June 2, 2026. Notifications were sent to the cities and counties described in the 2025 RUWMP. To comply with the notice to the public, DWA published notices in the local newspaper at least two weeks in advance with 5 days between publications. The WSCP was also made available prior to the public hearing.
The WSCP was formally adopted on June 2, 2026, by DWA Ordinance, included in the 2025 UWMP. The WSCP was made available to all staff, customers, and any affected cities, counties, or other members of the public at DWA’s office and online within 30 days of the adoption date.
The WSCP was submitted to DWR via the Water Use Efficiency Data Portal at the same time as the 2025 UWMP, but no later than July 1, 2026. A hard copy of the 2025 UWMP and WSCP were submitted to the California State Library within 30 days of adoption. Electronic and/or hard copies were provided to all cities and counties within DWA’s service area within 30 days of adoption.
Based on DWR’s review of the WSCP, DWA will make any amendments in its adopted WSCP, as required and directed by DWR. If DWA revises its WSCP, then an electronic copy of the revised WSCP will be submitted to DWR within 30 days of its adoption.
Item 19.
Water Shortage Contingency Plan
18 14 References
Coachella Valley Water District (CVWD). 2024. 2024 Local Hazard Mitigation Plan Update. Available:
https://www.cvwd.org/611/Local-Hazard-Mitigation-Plan. Accessed: March 2026. ________2026. Coachella Valley Water District Code, Chapter 3.10 Canal Irrigation and Drainage System Rules and Regulations. Available: https://cvwd.district.codes/CVWDC/3.10. Accessed:
March 2026.
Riverside County, Emergency Management Department. 2023. County of Riverside Operational Area, Multi‑Jurisdictional Local Hazard Mitigation Plan (MJLHMP). Revised May 2025. Available:
https://rivcoready.org/sites/g/files/aldnop181/files/users/user41/MJLHMP%205.1.25a.pdf.
Accessed: March 2026.
California Department of Water Resources (DWR). 2025. The State Water Project Draft Delivery Capability Report 2025. Available: https://s3.amazonaws.com/og-production-open-data-cnra892364687672/resources/5d238ff5-899b-4357-8835- 5b043f61f5da/draft_dcr25_mainreport_final_2025-12-17.pdf?X-Amz-Algorithm=AWS4-HMACSHA256&X-Amz-Credential=AKIAJJIENTAPKHZMIPXQ%2F20260326%2Fus-east1%2Fs3%2Faws4_request&X-Amz-Date=20260326T153526Z&X-Amz-Expires=86400&X-AmzSignedHeaders=host&X-AmzSignature=e566cc11139e9b5f7a637211d7d4c9398103a10178af68066d0fce98ee10b431.
Accessed: March 2026.
_______2026. 2025 Urban Water Management Plan Guidebook. Available: water.ca.gov/-/media/DWRWebsite/Web-Pages/Programs/Water-Use-And-Efficiency/Urban-Water-Use-Efficiency/UrbanWater-Management-Plans/Final-2025-UWMP-Guidebook/Final-2025-UWMP-GuidebookAccessible.pdf. Accessed: February 2026.
Indio Subbasin Groundwater Sustainability Agencies (GSAs). 2021. 2022 Indio Subbasin Water Management Plan Update: Sustainable Groundwater Management Act Alternative Plan.
Available: https://www.indiosubbasinsgma.org/alternative-plan-update/. Accessed: February 2026.
Mission Creek Subbasin Management Committee. 2021. 2022 Mission Creek Subbasin Alternative Plan Update. Available: http://www.missioncreeksubbasinsgma.org/alternative-plan-update/.
Accessed: February 2026.
Item 19.
Attachment A. Desert Water Agency Ordinance No. 72
Item 19.
01358.00000\9773929.3
ORDINANCE NO. 72
AN ORDINANCE OF DESERT WATER AGENCY
ESTABLISHING A WATER SHORTAGE CONTINGENCY
PLAN INCLUDING REGULATIONS RESTRICTING THE
USE OF WATER DURING THREATENED OR EXISTING
WATER SHORTAGE CONDITIONS
WHEREAS, Desert Water Agency (hereinafter “Agency”) is a public agency organized under the Desert Water Agency Law, California Water Code Appendix Section 100-1 et seq., to provide water service among other purposes to water users within the boundaries of the Agency; and
WHEREAS, the Agency is authorized by Water Code Appendix Section 100-15 (13) to restrict the use of Agency water during an emergency caused by a drought, or other threatened or existing water shortage, and during such periods to prohibit the waste or the use of Agency water for any purpose other than household uses or such other restricted uses as may be determined by the Agency to be necessary; and WHEREAS, the Agency is further authorized by Water Code Sections 375-377 to adopt water conservation programs; and
WHEREAS, after the historic 2012-2016 drought, the California Legislature enacted several laws in 2018 to advance long-term water use efficiency as a way to demonstrate conservation as a way of life; and WHEREAS, urban water suppliers are required to prepare, adopt and submit to the California Department of Water Resources a Water Shortage Contingency Plan and conduct a Drought Risk Assessment every five years.; and WHEREAS, the Agency wishes to adopt a Water Shortage Contingency Plan that meets requirements set forth in the regulations adopted by the Department of Water Resources and State Water Resources Control Board in implementation of long-term water-use efficiency, and which will provide a framework for managing supplies in shortage conditions; and
WHEREAS, the Agency finds and determines that the adoption of the Water Shortage Contingency Plan set forth herein is necessary to (1) comply with State mandates, (2) protect the health, safety and welfare of the inhabitants of the Agency, (3) assure the maximum beneficial use of the water supplies within the Agency, and (4) ensure that there will be sufficient water supplies to meet the basic needs of human consumption, sanitation and fire protection; NOW, THEREFORE, BE IT ORDAINED by the Board of Directors of Desert Water Agency as follows:
Section 1: DEFINITIONS.
1.1 “Agency” means Desert Water Agency.
1.2 “Board” means the Board of Directors of Desert Water Agency.
1.3 “General Manager” means the General Manager of Desert Water Agency.
1.4 “Measurable rainfall” means rainfall of 1/10 inch or more during any 24-hour period.
1.5 “Waste” means any unreasonable or non-beneficial use of water, or any unreasonable method of use of water, including, but not limited to, the specific uses prohibited and restricted by this Ordinance as hereinafter set forth.
1.6 “Water user” means any person, firm, partnership, association, corporation or political entity using water obtained from the water system of Desert Water Agency.
1.7 “Water” means water supplied by Desert Water Agency. -
Item 19.
Ord. No. 72
01358.00000\9773929.3
Section 2: NOTICED PUBLIC HEARING PRIOR TO MANDATORY CONSERVATION, LEVELS 2 THROUGH 6.
Except when an emergency is caused by the breakage or failure of Agency infrastructure or by a malevolent act, a noticed public hearing shall be conducted prior to the adoption of Level 2, 3, 4, 5 or 6 of the Water Shortage Contingency Plan as set forth in Sections 3.2, 3.3, 3.4 and 3.5 below. Notice of the time and place of hearing shall be published at least seven days prior to the date of hearing in a newspaper printed, published, and circulated within the area in which the water supply is distributed, or if there is no such newspaper, in any newspaper printed, published and circulated in the County of Riverside.
Section 3: WATER CONSERVATION PLAN LEVELS.
3.1 Level No. 1: Normal Conditions
Level 1 shall apply whenever normal conditions are in effect. Normal conditions shall be in effect when the Agency is able to meet all the water demands of its customers in the immediate future, and when the State Water Resources Control Board or other regulatory body has not imposed restrictions on the use of water within the Agency. During normal conditions, all water users must continue to use water wisely. The waste or unreasonable use of water is prohibited. (1) Water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or parking structures is prohibited.
(2) Using any water in a fountain or other decorative water feature is prohibited, unless the water recirculates.
(3) Applying water to driveways, sidewalks, concrete or asphalt is prohibited unless to address immediate health and safety needs. Reasonable pressure washer or water broom use is permitted. (4) Spray irrigation of outdoor landscapes during and within 48 hours after rainfall of 0.10 inches is prohibited.
(5) Using a hose to wash a vehicle, windows, or solar panels is prohibited unless an automatic shut-off nozzle or pressure washer is used.
(6) Broken sprinklers shall be repaired within five business days of notification by the Agency, and leaks shall be repaired as soon as practical.
(7) Hotels will provide guests the option of choosing not to have towels and linens laundered daily. (8) Draining and refilling of private swimming pools is discouraged, unless necessary for health and safety or repairs.
(9) The Agency will discourage overseeding.
(10) The Agency will provide rebates for landscape efficiency. (11) The Agency will provide rebates on indoor water use efficiency. (12) The Agency will offer water use surveys/audits.
3.2 Level 2: Alert
When the State Water Resources Control Board or other regulatory body has imposed restrictions on the use of water within the Agency that warrant the restrictions set forth herein, or in the event of a threatened or existing water supply shortage that could prevent the Agency from meeting the water demands of its water users, the Board shall conduct a public hearing to consider declaring a Level 2 Alert, during which water users shall have the opportunity to present their
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protests and respective needs to the Board. Upon such declaration the following restrictions shall take effect immediately, in addition to those specified in Section 3.1:
(1) Outdoor water use is prohibited during daylight hours for spray irrigation except for leak checks or with an Agency-approved conservation alternative plan. (2) Restaurants and other eating establishments shall not provide drinking water to patrons, except upon request.
(3) The Agency will discourage overseeding.
(4) The Agency will expand its public information campaign. (5) The Agency will increase water waste patrols.
(6) The Agency will reduce hydrant and dead-end line flushing.
3.3 Level 3: Warning
When the State Water Resources Control Board or other regulatory body has imposed restrictions on the use of water within the Agency that warrant the restrictions set forth herein, or in the event that a water shortage condition in fact will prevent the Agency from meeting the demands of its water users, following a public hearing as set forth in Section 3.2, during which water users shall have the opportunity to present protests and their respective needs to the Board, the Board may declare that a Level 3 Warning condition exists. Upon such declaration, the following water conservation measures shall apply in addition to those set forth in Sections 3.1 and 3.2:
(1) Outdoor water use is allowed only three days a week for spray irrigation (Monday, Wednesday and Friday).
(2) Drip or subterranean irrigation is allowed seven days a week, during non-daylight hours. (3) Commercial nurseries are to use water only on alternate days during non-daylight hours for outside operations.
(4) Decorative ponds, non-irrigation system golf course water hazards, fountains, and other waterscape features are not to be filled or replenished.
(5) No filling of swimming pools or landscaping ponds unless necessary for health and safety or leak repair.
(6) Commercial car washes must use recycled water or a recirculating water systems. (7) Spray irrigation of medians and parkways is prohibited. (8) The Agency will encourage counties, cities, Homeowners Associations (HOAs) and other entities to suspend code enforcement and fines for brown turfgrass areas. (9) The Agency will strengthen customer billing messages with the use of comparisons. (10) The Agency will implement water use audits targeted to key customers to ensure compliance with directives.
(11) The Agency will expand rebate programs.
3.4 Level 4: Critical
When the State Water Resources Control Board or other regulatory body has imposed restrictions on the use of water within the Agency that warrant the restrictions set forth herein, or in the event that a water shortage condition requires a significant reduction in water use, following a public hearing as set forth in Section 3.2, during which water users shall have the opportunity to present protests and their respective needs to the Board, the Board may declare that a Level 4 Emergency condition exists. Upon such declaration, the following water conservation measures shall apply in addition to those set forth in Sections 3.1, 3.2 and 3.3:
(1) Turfgrass landscapes may not be watered except with subterranean irrigation or recycled water. (2) No new turfgrass landscaping shall be installed.