DATE:
June 21, 2022
TO:
Mayor and Council Members
Chair and Board Members, Hesperia Water District
FROM:
Nils Bentsen, City Manager
BY:
Rachel Molina, Assistant City Manager
SUBJECT:
Emergency Water Conservation Regulations
RECOMMENDED ACTION
It is recommended that the City Council and Board of Directors of the Hesperia Water District (District) adopt Joint Resolution Nos. 2022-46 and HWD 2022-10 respectively, enacting certain emergency water conservation measures of the Public Utilities Ordinance [Hesperia Municipal Code (HMC) Title 14].
BACKGROUND
On October 19, 2021, Governor Newsom issued a Proclamation of State of Emergency related to emergency drought conditions to include San Bernardino County. On March 28, 2022, Governor Newsom directed the State Water Resources Control Board (SWRCB) to considering adopting emergency water regulations for urban water conservation. Subsequently, on May 24, 2022, the SWR adopted an emergency regulation, which went into effect June 10, 2021 and will remain in effect for one year unless the SWRCB modifies it, re-adopts it, or ends the regulation.
ISSUES/ANALYSIS
As set forth in Water Code Section 10617, the District is an urban water supplier. Consequently, the District is required to implement measures of the stage of the WCEP that imposes mandatory restrictions. The District is the regulatory agency that administers the Title 14 and the respective WCEP; thereby the District Board of Directors has the authority to implement water conservation measures.
SWRCB Resolution 2022-18 provides for the following mandatory conservation measures:
Commercial, industrial, and institutional decorative grass should not be watered; Trees are to be watered to meet their needs, but overwater should be avoided; Urban water suppliers should implement Level 2 of their Water Conservation and Water Shortage Plan.
The Hesperia Municipal Code Title 14 Stages 1 and 2, adopted by the Hesperia City Council and Hesperia Water District Board, outlines the following measures:
Stage 1. Water Alert: Savings up to ten percent. Stage 1 shall be normal operating conditions in effect when the district is able to meet all the water demands of its customers in the immediate future. The district continuously operates under mandatory conservation. Unreasonable use and waste of water is prohibited, and water conservation measures are mandatory. All water users must continue to use water reasonably, to prevent the unreasonable use or waste of water, and to reduce water consumption to that necessary for ordinary domestic and commercial purposes.
The following conservations measure shall be in effect at all times:
Exterior landscape plans for all new multi-family; commercial and industrial development shall provide for timed irrigation systems that provide options to irrigate landscapes after 8:00 p.m. but before 6:00 a.m. and shall require the use of drought resistant varieties of plants, shrubs, and turf.
No customer of the district or other person acting on behalf of or under the direction of a customer shall cause or permit the use of water for irrigation of landscaping or other outdoor vegetation plantings, lawns, or other growth to exceed the amount required to provide reasonable irrigation of the same and shall not cause or permit any unreasonable or excessive waste of water from said irrigation activities or from watering devices or systems. Landscape watering shall be confined to a user’s property and shall not runoff onto adjacent properties, roadsides, or gutters. Free flow of water away from an irrigated site shall be presumptively considered excessive irrigation and waste.
Persons receiving water from the district who are engaged in agricultural practices, whether for the purpose of crop production or growing of commercial ornamental plants, shall provide, maintain, and use irrigation equipment and practices which are consistent with the efficiency standards of irrigators in arid environments. The general manager or his designee may require the owner or operators of these systems to prepare a plan describing their irrigation practices and equipment, including but not limited to, an estimate of the efficiency of the use of water on their properties.
Commercial and industrial facilities shall, upon request of the general manager or his designee, provide the district with its plan to ensure conservation of water at its facilities. The district will provide these facilities with information regarding the average monthly water use by the facility for the last two-year period. The facility will be expected to provide the district with a plan to conserve or reduce the amount of water used by that percentage deemed to be necessary under the circumstances. After review and approval by the general manager or his designee, the water conservation plan shall be considered subject to inspection and enforcement by the district.
Unauthorized use of hydrants is prohibited. Authorization for use must be obtained from the district.
The district manager or his designee may also implement one or more of the following conservation instruments during this or any subsequent stage of water conservation:
Establish customer use baselines.
Conduct a public information campaign that may consist of distribution of literature, speaking engagements, website updates, bill inserts, conservation messages printed in local newspapers, educational programs in area schools and/or other methods of disseminating information.
Implement programs to assist customers in reducing water use.
Evaluate operations and make operational changes.
Stage 2. Moderate Water Shortage: Savings up to twenty (20) percent. Augmentation of water supply conditions requiring reduction in water use. All aspects of Stage 1, including conservation measures implemented, shall remain in effect. A reduction of water use by up to an additional ten percent is anticipated. Water consumption reduction methods from stage 1 may be intensified as needed. Additional voluntary conservation measures are encouraged.
The following additional mandatory consumption reduction methods may be in effect:
Parks, golf courses (municipal and private) and school grounds which use water provided by the district shall be irrigated between the hours of 10:00 p.m. and 5:00 a.m., or such other times as may be determined appropriate by the district. Additionally, turf areas in excess of one thousand (1,000) square feet will be required to use soil moisture sensors and rain shut-off valves as part of the irrigation system.
Commercial, industrial, institutional equipment that uses water must be properly maintained and in full working order to eliminate unreasonable or wasteful uses of water.
The washing of cars, trucks or other vehicles is not permitted, except with a hose equipped with an automatic shut-off device, or at a commercial facility designed and so designated on the district’s billing records.
All residential, public, and recreational swimming pools shall use evaporation resistant covers and shall recirculate water. Any swimming pool which does not have a cover installed during periods of nonuse shall be considered an unreasonable and wasteful use of water.
Utilize sweeping or other methods to clean impervious surfaces such as driveways, sidewalks, and parking lot. The use of water to clean impervious surfaces is prohibited unless for public health and safety purposes.
Customers are encouraged to practice the following consumption reduction measures:
Fix leaks or faulty sprinklers promptly.
Decorative water features (water fountains, etc.) should recirculate water and be leak proof.
Irrigate landscapes between the hours of 10:00 p.m. and 5:00 a.m. to reduce evaporation.
Landscape watering should not occur during rain events.
Equip all hoses with a shut-off nozzle while using water for any purpose.
Wash only full loads when washing dishes or clothes.
Restaurants serve water to patrons upon request.
Hotels and motels – encourage guests to conserve water and limit hotel laundering of linens and towels.
The District plan does not include a provision for the new state mandate that prohibits outdoor irrigation on non-functional turn for commercial, industrial and intuitional sectors. As such, the Board is asked to come into compliance with this state mandate.
Staff will continue with public education and outreach efforts calling for citizens to be water wise, as well as disseminate information regarding emergency conservation regulations. Although public education is a vital component in effective water conservation programs, enforcement is a key instrument in non-compliance cases.
Implementing all of the aforementioned items is consistent with the intent of the administration of SWRCB drought emergency regulations. Staff will continue to monitor reduction achievements and evaluate further restriction measures as needed.
FISCAL IMPACT
The fiscal impact associated with this item is nominal, however conservation efforts may lead to reduced water consumption and result in a decrease in water sales revenue for the District.
ALTERNATIVE(S)
Provide alternative direction to staff.
ATTACHMENT(S)
1. Joint Resolution Nos. 2022-46 and 2022-10
City of Hesperia STAFF REPORT City of Hesperia STAFF REPORT City of Hesperia
STAFF REPORT
City of Hesperia
STAFF REPORT
Staff Report to the Mayor and Council Members, Chair and Board Members, Hesperia Water District Emergency Water Conservation Regulations June 21, 2022