Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: Rescinding Enactment of Stage 1 (20%) of the City's Water Shortage Contingency Plan and Continued Compliance with State's Emergency Drought Regulations
Date: March 28, 2023
Written by: Craig Scott, Director of Public Works/City Engineer Recommendation
It is recommended the City of Cotati City Council adopt a resolution 1) rescinding the May 25, 2021, enactment of voluntary Stage I of its Water Shortage Contingency Plan, and 2) direct staff to comply with the State Water Board's Emergency Drought Regulations, adopted following Governor Newsom's proclamation of a drought state of emergency for all counties in California, as it pertains to Community Water Systems, for the duration the State emergency regulation is in effect.
Background
The region has experienced three consecutive years of drought conditions dating back to 2020. On April 21, 2021, the Governor of California declared a local drought emergency for Sonoma and Mendocino Counties. On April 27, 2021, the County of Sonoma declared a local drought emergency. Sonoma Water, the region’s water supply wholesaler, operates Lake Sonoma for the purposes of flood control and securing the water supply needs of the City of Cotati and several other retail water suppliers, or “Contractors.” On average, the City purchases 75% of its municipal water deliveries from Sonoma Water. Water supply conditions have improved dramatically such that Sonoma Water has adequate water supply for the upcoming year. Therefore, City Staff is recommending rescinding the enactment of the Stage 1 (20% voluntary reductions) of its Water Shortage Contingency Plan.
Analysis /Discussion
Since May 2021, Sonoma Water has filed four different Temporary Urgency Change Petitions (TUCPs) with the State Water Resources Control Board (State Water Board) requesting a reduction of releases from Lake Mendocino and Lake Sonoma to preserve critical water supply storage and seek relief from requirements of their water rights regarding minimum instream flows in the Russian River. The State Water Board issued four consecutive Temporary Urgency Change Orders (TUCOs) each lasting 180 days, which granted the requested changes to Sonoma Water’s operations. However, the TUCOs included a requirement that Sonoma Water reduce its diversions from the Russian River by 20% over 2020 levels from July to December 2021 and July to October 2022. Pursuant to the Restructured Agreement for Water Supply, Sonoma Water allocated water in accordance with the requirements of the TUCOs and the water shortage allocation methodology.
On May 25, 2021, the City Council adopted Resolution 2021-24, which enacted voluntary stage 1 of the City’s water shortage contingency plan with a target water use reduction of 20%. The City has continued to implement Stage 1 since June 2021, and customers have reduced city-wide water use by 18.5% and 24.8% in 2021 and 2022, respectively, when compared to 2020.
On March 28, 2022, Governor Newsom issued Executive Order N-7-22, thereby ordering the State Water Board to consider adopting emergency regulations including a requirement that each urban water supplier implement shortage response actions for a shortage level of up to 20%. The City, having less than 3,000 service connections, is not defined as an urban water supplier but rather a community water supplier and is not subject to the regulations applying to Urban Water Suppliers.
However, the City is subject to emergency regulations issued by the State Water Board, applying to Community Water Systems, which, so long as the emergency proclamation is in place, extends to December 21, 2023. These regulations include the following:
• January 4, 2022: State Water Board adopted the prohibited wasteful water uses emergency regulation.
• December 7, 2022: State Water Board readopted the prohibited wasteful water uses emergency regulation.
• December 21, 2022: Readopted emergency regulation took effect, upon completion of Office of Administrative Law process. It will remain in effect for one year from the effective date, unless the State Water Board modifies it, readopts it, or ends it before then.
The State Water Board flier summarizing these requirements is attached.
Additionally, the City, as a Sonoma Water Contractor, was subject to the Water Agency’s water allocations in accordance with the Restructured Agreement and the conservation provisions of the State Water Board’s TUCOs. Those requirements expired with the expiration of the June 17, 2022, TUCO which had required Sonoma Water reduce its diversions by 20% compared with 2020 for the period of July 1, 2022, through October 31, 2022.
Beginning December 26, 2022, the region received substantial rainfall from a series of atmospheric rivers lasting through the month of March. These powerful storms shifted the water supply outlook for the upcoming water year. Lake Sonoma gained more than 145,000 acre-feet of supply since reaching its operational lows in early December 2022, such that the dedicated water supply pool has reached full capacity.
As of March 8, 2023, the Lake Sonoma water supply storage pool is at 105% and the target water supply curve for Lake Mendocino is over 100% of the allowable water supply pool. Based on this information, and the fact Sonoma Water has more than adequate supply for the upcoming water year, there is no need for the water contractors to continue implementing the 20% reductions in water use to protect water supplies.
Given the regional water supply outlook, Staff is recommending the City Council rescind the Stage 1 of the City’s water shortage contingency plan calling for a 20% voluntary reduction in water use. The City will continue to coordinate with the State Water Resources Control Board and Sonoma-Marin Water Saving Partnership to promote water conservation and water loss prevention programs to our community.
Financial Considerations
If the City rescinds implementation of Stage 1 of its Water Shortage Contingency Plan, it is expected the Water Enterprise Fund sales revenue will gradually rebound to levels consistent with those forecasted in the existing five-year rate program. There is no quantifiable impact to the financials. However, we do anticipate a limited amount of reduced staff time previously needed for enforcement efforts, which will be offset by increased State Reporting.
Environmental Issues
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.
Attachments:
Water Saving Flier (PDF)