City of Milpitas 2025 Urban Water Management Plan DRAFT 119 California Department of Water Resources (DWR). (2025). State Water Project Adaptation Strategy. https://mavensnotebook.com/wp-content/uploads/2025/08/SWP-AdaptationStrategy_Final.pdf California Department of Water Resources (DWR). (2025). California State Water Project: Overview and Operations. https://water.ca.gov/Programs/State-Water-Project California Department of Water Resources (DWR). (2026). California Water Plan 2028. https://water.ca.gov/- /media/DWR-Website/Web-Pages/Programs/California-Water-Plan/Docs/Update2028/CWP-2028-Fact- Sheet.pdf
California Department of Water Resources (DWR). (n.d.). CIMIS Station #171. CIMIS Stations. https://cimis.water.ca.gov
California Energy Commission (CEC). (2018). California’s Fourth Climate Change Assessment: Statewide Summary Report. https://www.energy.ca.gov/sites/default/files/2019-11/Statewide_Reports-SUM-CCCA4- 2018-013_Statewide_Summary_Report_ADA.pdf
California Governor’s Office of Emergency Services. (2020). California Adaptation Planning Guide. https://www.caloes.ca.gov/wp-content/uploads/Hazard-Mitigation/Documents/CA-Adaptation-Planning- Guide-FINAL-June-2020-Accessible.pdf
California Natural Resources Agency. (2009). California Climate Change Adaptation Strategy, Report to the Governor. https://resources.ca.gov/-/media/CNRA-Website/Files/Initiatives/Climate- Change/2009_California_Climate_Adaptation_Strategy.pdf
California Natural Resources Agency. (2012). California Climate Adaptation Planning Guide. https://resources.ca.gov/CNRALegacyFiles/docs/climate/01APG_Planning_for_Adaptive_Communities.pdf California Natural Resources Agency. (2024). California Climate Adaptation Strategy. https://www.climateresilience.ca.gov/
California Natural Resources Agency and California Ocean Protection Council. (2018). State of California Sea- Level Rise Guidance, 2018 Update.
http://www.opc.ca.gov/webmaster/ftp/pdf/agenda_items/20180314/Item3_Exhibit-A_OPC_SLR_Guidance- rd3.pdf
California Natural Resources Agency & California Ocean Protection Council. (2024). State of California Sea-Level Rise Guidance, 2024 Update. https://opc.ca.gov/wp-content/uploads/2024/05/California-Sea-Level- Rise-Guidance-2024-508.pdf
California Natural Resources Agency. (n.d.). Voluntary Agreements to Improve Habitat and Flow in the Delta and its Watersheds web page. https://files.resources.ca.gov/voluntary-agreements/ California Office of Administrative Law. (2018). Title 23 California Code of Regulations § 638.1 et seq.: Water Loss Audits (requiring AWWA Method). https://law.cornell.edu/regulations/california/23-CCR-638.1 California State Legislature. (1949). Government Code Section 6066. http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=6066 California State Legislature. (1983). Urban Water Management Planning Act (Water Code Division 6, Part 2.6, §§10610–10656).
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=6.&part=2.6.&lawCode=WAT California State Legislature. (1983). Water Code Section 10617 (amended 1996). https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=WAT§ionNum=10617
City of Milpitas 2025 Urban Water Management Plan DRAFT 120 California State Legislature. (1983). Water Code Section 10620. http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=WAT§ionNum=10620 California State Legislature. (1983). Water Code Section 10621. http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=WAT§ionNum=10621 California State Legislature. (1983). Water Code Section 10631. http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=WAT§ionNum=10631 California State Legislature. (1983). Water Code Section 10632. http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=WAT§ionNum=10632 California State Legislature. (1983). Water Code Section 10633. http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=WAT§ionNum=10633 California State Legislature. (1995). Health and Safety Code Section 116275. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC§ionNum=116275 California State Legislature. (2007). Assembly Bill 715 (Laird). http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=200720080AB715 California State Legislature. (2009). Senate Bill 407 (Padilla). https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=200920100SB407 California State Legislature. (2009). Senate Bill X7-7: Water Conservation Act of 2009. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=200920100SBX7-7 California State Legislature. (2009). Water Code Section 10608 (Sustainable Water Use and Demand Reduction).
http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=WAT§ionNum=10608 California State Legislature. (2011). Senate Bill 837 (Blakeslee). http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201120120SB837 California State Legislature. (2018). Assembly Bill 1668 (Friedman). http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB1668 California State Legislature. (2018). Senate Bill 606 (Hertzberg). http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB606 California State Legislature. (2018). Water Code Section 10635. http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=WAT§ionNum=10635
California State Water Resources Control Board. (2018). Bay-Delta Plan Update: Amendments and Substitute Environmental Document (SED) for Lower San Joaquin River and Southern Delta – Adoption and Approval of Plan Amendments and Final SED.
https://www.waterboards.ca.gov/waterrights/water_issues/programs/bay_delta/bay_delta_plan/water_quali ty_control_planning/2018_sed/
City of Milpitas 2025 Urban Water Management Plan DRAFT 121 California State Water Resources Control Board. (2018). Resolution No. 2018-0059: Adoption of the Water Quality Control Plan for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary. https://www.waterboards.ca.gov/board_decisions/adopted_orders/resolutions/2018/rs2018_0059.pdf California State Water Resources Control Board. (2019). Resolution No. 2019-0057. https://www.waterboards.ca.gov/board_decisions/adopted_orders/resolutions/2019/rs2019_0057.pdf CDM. (2011). Climate Change Handbook for Regional Water Planning. https://cawaterlibrary.net/wp- content/uploads/2017/06/Climate_Change_Handbook_Regional_Water_Planning.pdf
City of Milpitas. (2020). Economic Development Strategy and Implementation Actions Final Report. https://www.milpitas.gov/DocumentCenter/View/3095/Economic-Development-Strategy-Implementation- Actions-PDF
City of Milpitas & City and County of San Francisco. (2021). Amended and Restated Water Supply Agreement. https://www.milpitas.gov/DocumentCenter/View/9998/2021-Amended-and-Restated-WSA-with-Attachments City of Milpitas. (2022). Climate Action Plan Update.
https://www.milpitas.gov/DocumentCenter/View/1075/Climate-Action-Plan-Update-2022-PDF City of Milpitas. (2023). Milpitas Metro Specific Plan. https://www.milpitas.gov/DocumentCenter/View/1173/Metro-Specific-Plan-Adopted-February-7-2023-PDF City of Milpitas. (2025). Gateway–Main Street Specific Plan (Public Review Draft). https://www.milpitasmainstreet.org/documents
City of Milpitas & De Novo Planning Group. (2025). Milpitas General Plan (Final online version, August 20, 2025). https://www.milpitas.gov/DocumentCenter/View/8465/Milpitas-General-Plan_Final_online-version_8- 20-25
City of Milpitas. (2025). Water Quality Report. https://www.milpitas.gov/758/Water-Quality-Report City of Milpitas. (n.d.). Sustainability and Climate Action. https://www.milpitas.gov/179/Sustainability-Climate- Action
City of San José & Santa Clara Valley Water District (Valley Water). (2015). South Bay Water Recycling Strategic and Master Plan (Final Report).
https://www.valleywater.org/sites/default/files/335%20P3%20Related%20Reports%20SBWR%20Stratigic%20 and%20Master%20Plan%20-%20Report%20%28Vol.1%29%20%281%29.pdf City of San Jose. (n.d.). Recycled Water web page. https://www.sanjoseca.gov/your- government/environment/water-utilities/recycled-water
Delta Stewardship Council. (2013). The Delta Plan: Ensuring a reliable water supply for California, a healthy Delta ecosystem, and a place of enduring value. https://www.deltacouncil.ca.gov/delta-plan Google. (n.d.). Directions from Milpitas, CA to Union City, CA. Google Maps. https://www.google.com/maps Hazen and Sawyer. (2025). Regional Water Demand and Conservation Projections Study (Final Report).
Prepared for Bay Area Water Supply and Conservation Agency (BAWSCA). https://bawsca.org/uploads/userfiles/files/2025%20BAWSCA%20Demand%20Study_Final%20Report%20%2B %20Appendices_submittal%281%29.pdf
Intergovernmental Panel on Climate Change (IPCC). (2014). Climate Change 2014: Synthesis Report.
Contribution of Working Groups I, II and III to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change. https://www.ipcc.ch/report/ar5/syr/
Intergovernmental Panel on Climate Change (IPCC). (2022). Sixth Assessment Report: Impacts, Adaptation and Vulnerability, Chapter 4: Water. https://www.ipcc.ch/report/ar6/wg2/chapter/chapter-4/
City of Milpitas 2025 Urban Water Management Plan DRAFT 122 National Academies of Sciences, Engineering, and Medicine. (2019). Strategic Water Planning: Climate, Drought, and Urban Water Management. https://www.nationalacademies.org/our-work/strategic-water- planning-climate-drought-and-urban-water-management
North American Industry Classification System. (n.d.). North American Industry Classification System website. https://www.census.gov/naics/
PMC. (2013). Climate Action Plan, prepared for the City of Milpitas. https://www.milpitas.gov/DocumentCenter/View/2608/2013-Climate-Action-Plan-PDF?bidId= Public Policy Institute of California. (2025). Priorities for California’s Water. https://www.ppic.org/publication/priorities-for-californias-water/ Regional Desalination Project. (n.d.). Bay Area Regional Desalination Project. https://www.regionaldesal.org/ San Francisco Bay Conservation and Development Commission (BCDC). (2025). Introducing the Regional Shoreline Adaptation Plan. https://www.bcdc.ca.gov/wp-content/uploads/sites/354/2025/07/2025-06-25- introducing-the-regional-shoreline-adaptation-plan.pdf
San Francisco Public Utilities Commission (SFPUC) & The Water Research Foundation. (2021). Long-Term Vulnerability Assessment and Adaptation Plan for the SFPUC Water Enterprise – Phase I (Executive Summary). https://www.sfpuc.gov/sites/default/files/about-us/policies- reports/LTVA_AdaptationPlanSFPUC_execsummary.pdf
San Francisco Public Utilities Commission (SFPUC) & San Francisco Environment Department. (2023). Climate Action Plan: Water Supply Addendum. https://www.sfpuc.gov/about-us/news/san-francisco-releases-updated- climate-action-plan-new-chapter-focusing-water-supply
San Francisco Public Utilities Commission (SFPUC). (2023). Water System Improvement Program Annual Report FY 2022–23. https://www.sfpuc.gov/sites/default/files/documents/WSIPFiscalYear22-23AnnualReport.pdf San Francisco Public Utilities Commission (SFPUC). (2024). Alternative Water Supply Program Annual Progress Report 2023–2024. https://www.sfpuc.gov/sites/default/files/programs/2023- 24_AWS_Annual_Progress_Report.pdf
San Francisco Public Utilities Commission. (2025). Water Supply Agreement, Appendix I – Tier 1 Water Shortage Allocation Plan. https://www.calwater.com/wp-content/uploads/2025/01/Appendix_I_-_SF_WSA-
1.pdf
San Francisco Public Utilities Commission (SFPUC). (Pending 2026). Draft 2025 UWMP.
San Francisco Public Utilities Commission. (n.d.). Tier 1 Water Shortage Plan (Interim Water Shortage Allocation Plan for the Regional Water System). https://files.ceqanet.lci.ca.gov/271125- 2/attachment/23gHq2qW2N_CXGDOn0Ai7nZRM9Qil6NL6r6dUMcEMVIDE4jIUx0n28Eg81_Hs- sLK8kOv972m0PUvMGr0
San Francisco Public Utilities Commission (SFPUC). (n.d.). Tier 2 Drought Response Implementation Plan (Tier 2 Plan). https://www.sfbos.org/sites/default/files/City%20and%20County%20of%20San%20Francisco%20- %20Tier%202%20Drought%20Response%20Implementation%20Plan.pdf South Bay Water Recycling. Rules and Regulations For Design and Operation of On-Site Recycled Water Facilities. https://www.sanjoseca.gov/home/showpublisheddocument?id=526 State Water Resources Control Board. (2018). Water Quality Control Plan for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary, p.17, fn. 14. https://www.waterboards.ca.gov/plans_policies/docs/2018wqcp.pdf
City of Milpitas 2025 Urban Water Management Plan DRAFT 123 U.S. Bureau of Reclamation (USBR). (2015). West-Wide Climate Risk Assessments: Irrigation Demand and Reservoir Evaporation Projections (Technical Memorandum No. 86-68210-2014-01). https://www.usbr.gov/watersmart/baseline/docs/irrigationdemand/irrigationdemands.pdf U.S. Bureau of Reclamation (USBR). (2025). Central Valley Project (CVP): Project Overview. https://www.usbr.gov/mp/cvp/
United States Census Bureau. (n.d.). American Fact Finder Population Finder web page. https://data.census.gov/cedsci/
United States Census Bureau. (2023). North American Industry Classification System (NAICS): Sectors 31-33, Manufacturing. https://www.census.gov/naics/?input=31-33&year=2022 U.S. Geological Survey. (2025). Climate Change and Future Water Availability in the United States (Professional Paper 1894-E). https://pubs.usgs.gov/pp/1894/e/pp1894E.pdf University of California, Berkeley. (2012). Climate Change and Integrated Regional Water Management in California: A Preliminary Assessment of Regional Perspectives. https://watershedscoalition.org/wp- content/uploads/2022/07/IRWM_CCReport_Final_June2012_EConrad_UCBerkeley.pdf Valley Water. (2003). Integrated Water Resources Planning Study (IWRP). https://archive.org/details/csjvwd_000436
Valley Water. (2009). Agreement No. A0657 between the City and County of San Francisco and Santa Clara Valley Water District. https://www.valleywater.org/sites/default/files/A0657_Agreement.pdf Valley Water. (2021). 2021 Groundwater Management Plan for the Santa Clara and Llagas Subbasins. https://s3.us-west-2.amazonaws.com/assets.valleywater.org/2021_GWMP_web_version.pdf Valley Water. (2025). 2025 UWMP. https://www.valleywater.org/your-water/water-supply-planning/urban- water-management-plan
Valley Water. (2025). SFPUC Water Resources Division Annual Report FY 2024-2025. https://www.sfpuc.gov/sites/default/files/Water/WR-AR-2025.pdf Valley Water. (2025, November). Water Supply Master Plan 2050. https://www.valleywater.org/your- water/water-supply-planning/water-supply-master-plan
Valley Water. (2025). Water Year 2025 Groundwater Report for the Santa Clara and Llagas Subbasin. https://www.valleywater.org/your-water/where-your-water-comes/groundwater/sustainable West Yost. (2022). City of Milpitas Water Master Plan (2020 Final Report). https://www.milpitas.gov/DocumentCenter/View/3503/2020-Water-Master-Plan-PDF?bidId= Wilkinson. (2020). Methodology for Analysis of the Energy Intensity of California’s Water Systems, supported by Ernest Orlando Lawrence Berkeley Laboratory and the California Institute for Energy Efficiency. http://large.stanford.edu/courses/2012/ph240/spearrin1/docs/wilkinson.pdf
City of Milpitas 2025 Urban Water Management Plan DRAFT 124 APPENDIX A – UWMP CHECKLIST
2025
Guidebook
Location
Water Code
Section Summary as Applies to UWMP Subject 2025 UWMP
Location
Chapter 1 10615
A plan shall describe and evaluate
sources of supply, reasonable and
practical efficient uses,
reclamation and demand
management activities.
Introduction and
overview Section 1.7
Chapter 1 10630.5
Each plan shall include a simple
description of the Supplier’s plan
including water availability, future
requirements, a strategy for
meeting needs, and other pertinent
information. Additionally, a Supplier
may choose to include a simple
description at the beginning of each
chapter.
Plan preparation Start of Each
Chapter
Section 2.1 10620(b)
Every person that becomes a
Supplier shall adopt UWMP within
one year after it has become a
Supplier.
Plan preparation Chapter 1 and
Section 2.2
Section 2.5 10644
Supplier shall report the Public
Water Systems number, volume of
delivered water, and number of
connections that are included in
this UWMP.
Plan preparation Section 2.2
Section 2.5 10644
Supplier shall report if this UWMP is
an individual UWMP and whether
the Supplier belongs to a regional
UWMP or regional alliance.
Plan preparation Section 2.4
Section 2.5 10644
Supplier shall report whether the
data is in fiscal or calendar years and
the units of measure used for
reporting water volumes.
Plan preparation Section 2.5
Section 2.4 10642
Provide supporting documentation
that the Supplier has encouraged
active involvement of diverse
social, cultural, and economic
elements of the population within
the service area prior to and
during the preparation of the plan
and contingency plan.
Plan preparation Section 2.6.2
City of Milpitas 2025 Urban Water Management Plan DRAFT 125 2025
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Location
Water Code
Section Summary as Applies to UWMP Subject 2025 UWMP
Location
Section 2.4.2 10620(d)(3)
Coordinate the preparation of its
plan with other appropriate agencies
in the area, including other Suppliers
that share a common source, water
management agencies, and relevant
public agencies, to the extent
practicable.
Plan preparation Section 2.6.2
Section 2.4.1 10631(h)
Retail Suppliers will include
documentation that they have
provided their Wholesale
Supplier(s)—if any—with water use
projections from that source.
Plan preparation Table 2-4 R
Chapter 3.0 10631(a) Describe the Supplier service area. System description Section 3.1
Section 3.3 10631(a) Describe the climate of the
Supplier’s service area.
System
description Section 3.3
Section 3.4.1 10631(a)
Provide the current and projected
service area populations for 2030,
2035, 2040, 2045 and optionally
2050.
System
description Table 3-1
Section 3.4.2 10631(a)
Describe other social, economic,
and demographic factors affecting
the Supplier’s water management
planning.
System
description Section 3.4.2
Section 3.5 10631(a)
Describe the land uses within the
service area… include the
current and projected land uses
within the existing or anticipated
service area affecting the
Supplier’s water management
planning. Describe the land uses
within the service area.
System
description and
baselines
Section 3.5
Sections 4.2.3
and 4.2.4 10631(d)(1)
Quantify past, current, and projected
water use, identifying the uses
among water use sectors.
System water use Tables 4-1 and 4-2
City of Milpitas 2025 Urban Water Management Plan DRAFT 126 2025
Guidebook
Location
Water Code
Section Summary as Applies to UWMP Subject 2025 UWMP
Location
Section 4.3.1 10631(d)(3)(A)
Report the distribution system
water loss for each of the five
years preceding the plan update.
System water use Table 4-5
Section 4.3.2 10631(d)(3)(C)
Retail Suppliers shall provide
data to show the distribution loss
standards were met.
System water use Table 4-6
Section 4.2.5.
4 10631.1(a)
Include projected water use needed
for lower income housing projected
in the service area of the Supplier.
System water use Table 4-3
Section 4.2.5.
3 10631(d)(4)(A)
In projected water use, include
estimates of water savings from
adopted codes, plans, and other
policies or laws.
System water use Table 4-3
Section 4.2.5.
3 10631(d)(4)(B)
Provide citations of codes,
standards, ordinances, or plans
used to make water use
projections.
System water use Section 4.2.5
Section 4.2.5.
3 10631(d)(4)(B)(i
i)
To the extent that a Supplier
reports the information described
in subparagraph (A), an urban
water Supplier shall… Indicate the
extent that the water use
projections consider savings from
codes, standards, ordinances, or
transportation and land use plans.
Water use projections that do not
account for these water savings
shall be noted of that fact.
System water use Section 4.2.5
Section 4.2.5.
6 10635(b)
Demands under climate change
considerations must be included
as part of the drought risk
assessment.
System water use Section 4.4
Section 5.2 10608.4
Retail Suppliers shall report on their
compliance in meeting their water
use targets. Reporting requirements
will vary depending on whether the
Supplier:
- Was considered an urban retail
Baselines and
targets Table 5-1
City of Milpitas 2025 Urban Water Management Plan DRAFT 127 2025
Guidebook
Location
Water Code
Section Summary as Applies to UWMP Subject 2025 UWMP
Location
water supplier in 2020,
- Met its 2020 target in 2020, or
- Was part of a merger or
consolidation since 2020.
Chapter 5 Subsections 5.2.1, 5.2.2,
and 5.2.3 address each of these
situations.
Section 6.1 10631(b)(2)
When multiple sources of water
supply are identified, describe the
management of each supply in
relationship to other identified
supplies.
System supplies Section 6.2
Sections 6.1
and 6.2 10631(b)(1)
Provide a discussion of anticipated
supply availability under a normal,
single dry year, and a drought
lasting five years, as well as more
frequent and severe periods of
drought, including changes in
supply due to climate change.
System supplies Section 7.2
Section 6.2.2 10631(b)(4)(C)
Indicate whether groundwater is
an existing or planned source of
water available to the Supplier. If
groundwater is identified as an
existing or planned source of
water… (include) a detailed
description and analysis of the
location, amount and sufficiency of
groundwater pumped by the
Supplier for the past five years.
Water supplies
and recycled
water
Table 6-1
Section 6.2
.2 10631(b)(4)(A)
Indicate whether a groundwater
sustainability plan or
groundwater management plan
has been adopted by the Supplier
or if there is any other specific
authorization for groundwater
management. Include a copy of
the plan or authorization.
System supplies Section 6.2.2
Section 6.2.2 10631(b)(4)(B) Describe the groundwater basin. System supplies Section 6.2.2
City of Milpitas 2025 Urban Water Management Plan DRAFT 128 2025
Guidebook
Location
Water Code
Section Summary as Applies to UWMP Subject 2025 UWMP
Location
Section 6.2.2 10631(b)(4)(B)
Indicate if the basin has been
adjudicated and include a copy of
the court order or decree and a
description of the amount of water
the Supplier has the legal right to
pump.
System supplies Section 6.2.2
Section 6.2.2 10631(b)(4)(B)
For unadjudicated basins… (include)
information as to whether DWR has
identified the basin as a high- or
medium-priority basin in the most
current official departmental
bulletin…
Water supplies
and recycled
water
Section 6.2.2
Section 6.2.2 10631(b)(4)(B)
For unadjudicated basins…
describe efforts by the Supplier to
coordinate with sustainability or
groundwater agencies to achieve
sustainable groundwater
conditions.
Water supplies
and recycled
water
Section 6.2.2
Section 6.2.2. 10631(b)(4)(C)
If groundwater is identified as an
existing or planned source of
water… (include) a detailed
description and analysis of the
location, amount and sufficiency
of groundwater pumped by the
Supplier for the past five years.
System supplies Section 6.2.2
Section 6.2.2 10631(b)(4)(D)
Provide a detailed description and
analysis of the amount and location
of groundwater that is projected to
be pumped.
System supplies Section 6.2.2
Section 6.1 10631(b)
Identify and quantify the existing
and planned sources of water
available for 2025, 2030, 2035,
2040, 2045 and optionally 2050.
System supplies Tables 6-8 and 6-9
Section 6.2.7 10631(c)
Describe the opportunities for
exchanges or transfers of water on
a short-term or long-term basis.
System supplies Section 6.2.7
Section 6.2.5 10633(a)
Describe the wastewater collection
and treatment systems in the
Supplier’s service area with
quantified amount of collection and
treatment and the disposal
System supplies
(recycled water)
Table 6-2, Section
6.2.5
City of Milpitas 2025 Urban Water Management Plan DRAFT 129 2025
Guidebook
Location
Water Code
Section Summary as Applies to UWMP Subject 2025 UWMP
Location
methods.
Section 6.2.5 10633(b)
Describe the quantity of treated
wastewater that meets recycled
water standards, is being
discharged, and is otherwise
available for use in a recycled water
project.
System supplies
(recycled water) Section 6.2.5
Section 6.2.5 10633(c)
Describe the recycled water
currently being used in the
Supplier's service area.
System supplies
(recycled water)
Table 6-4, Section
6.2.5 Section 6.2.5 10633(d)
Describe and quantify the
potential uses of recycled water
and provide a determination of
the technical and economic
feasibility of those uses.
System supplies
(recycled water) Section 6.2.5
Section 6.2.5 10633(e)
Describe the projected use of
recycled water within the
Supplier's service area at the end
of 5, 10, 15, and 20 years, and
describe the actual use of
recycled water in comparison to
uses previously projected.
System supplies
(recycled water) Tables 6-9, 6-4
Section 6.2.5 10633(f)
Describe the actions that may be
taken to encourage the use of
recycled water and the projected
results of these actions in terms of
acre-feet of recycled water used
per year.
System supplies
(recycled water) Section 6.2.5
Section 6.2.5 10633(g)
Provide a plan for optimizing the
use of recycled water in the
Supplier's service area.
System supplies
(recycled water) Section 6.2.5
Section 6.2.6 10631(g) Describe desalinated water project opportunities for long-term supply. System supplies Section 6.2.6 Section 6.2.1
0 10631(f)
Describe the expected future water
supply projects and programs that
may be undertaken by the water
Supplier to address water supply
reliability in average, single-dry, and
System supplies Section 6.2.9
City of Milpitas 2025 Urban Water Management Plan DRAFT 130 2025
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Location
Water Code
Section Summary as Applies to UWMP Subject 2025 UWMP
Location
for a period of drought lasting five
consecutive water years.
Section 6.3
and Appendix
O
10631.2(a)
The UWMP must include energy
information, as stated in the code,
that a Supplier can readily obtain.
System suppliers,
energy intensity Section 6.3
Section 7.1 10634
Provide information on the quality of
existing sources of water available to
the Supplier and the manner in which
water quality affects water
management strategies and supply
reliability.
Water supply
reliability
assessment
Section 7.2.1
through Section
7.2.3 Section 7.2 10635(a)
Service Reliability Assessment:
Assess the water supply reliability
during normal, dry, and a drought
lasting five consecutive water years
by comparing the total water
supply sources available to the
Supplier with the total projected
water use over the next 20 years.
Water supply
reliability
assessment
Tables 7-2, 7-3, and
7-4
Section 7.2.3 10620(f)
Describe water management tools
and options to maximize resources
and minimize the need to import
water from other regions.
Water supply
reliability
assessment
Section 7.2.7
Section 7.3 10635(b)
Provide a drought risk assessment
as part of information considered in
developing the demand
management measures and water
supply projects.
Water supply
reliability
assessment
Section 7.3
Section 7.3 10635(b)(1)
Include a description of the data,
methodology, and basis for one or
more supply shortage conditions
that are necessary to conduct a
drought risk assessment for a
drought period that lasts five
consecutive years.
Water supply
reliability
assessment
Section 7.3.1
Section 7.3 10635(b)(2)
Include a determination of the
reliability of each source of supply
under a variety of water shortage
conditions.
Water supply
reliability
assessment
Section 7.3.2
City of Milpitas 2025 Urban Water Management Plan DRAFT 131 2025
Guidebook
Location
Water Code
Section Summary as Applies to UWMP Subject 2025 UWMP
Location
Section 7.3 10635(b)(3)
Include a comparison of the total
water supply sources available to
the Supplier with the total
projected water use for the
drought period.
Water supply
reliability
assessment
Table 7-5
Section 7.3 10635(b)(4)
Include considerations of the
historical drought hydrology,
plausible changes on projected
supplies and demands under
climate change conditions,
anticipated regulatory changes, and
other locally applicable criteria.
Water supply
reliability
assessment
Section 7.2.5,
Section 6.1.2
Chapter 8 10632(a)
Provide a water shortage
contingency plan (WSCP) with
specified elements below.
Water shortage
contingency
planning
Chapter 8, WSCP
Chapter 8 10632(a)(1)
Provide an analysis of water supply
reliability (from Guidebook
Chapter 7) in the WSCP.
Water shortage
contingency
planning
WSCP Section 3.1
Section 8.2 10632(a)(2)(A)
Provide the written decision-
making process and other methods
that the Supplier will use each year
to determine its water reliability.
Water shortage
contingency
planning
WSCP Section 3.2
Section 8.2 10632(a)(2)(B)
Provide data and methodology
to evaluate the Supplier’s water
reliability for the current year
and one dry year pursuant to
factors in the code.
Water shortage
contingency
planning
WSCP Section 3.2
Section 8.3 10632(a)(3)(A)
Define six standard water shortage
levels of 10%, 20%, 30%, 40%, 50%
shortage, and greater than 50%
shortage. These levels shall be
based on supply conditions,
including percent reductions in
supply, changes in groundwater
levels, changes in surface elevation,
or other conditions. The shortage
levels shall also apply to a
catastrophic interruption of supply.
Water shortage
contingency
planning
WSCP Section 3.3
City of Milpitas 2025 Urban Water Management Plan DRAFT 132 2025
Guidebook
Location
Water Code
Section Summary as Applies to UWMP Subject 2025 UWMP
Location
Section 8.3 10632(a)(3)(B)
Suppliers with an existing WSCP
that uses different water shortage
levels must cross reference their
categories with the six standard
categories.
Water shortage
contingency
planning
Table 8-1
Section 8.4 10632(a)(4)(A)
Suppliers with WSCPs that align
with the defined shortage levels
must specify locally appropriate
supply augmentation actions.
Water shortage
contingency
planning
Table 8-2
Section 8.4 10632(a)(4)(B)
Specify locally appropriate demand
reduction actions to adequately
respond to shortages.
Water shortage
contingency
planning
Table 8-3
Section 8.4 10632(a)(4)(C) Specify locally appropriate
operational changes.
Water shortage
contingency
planning
Table 8-2
Section 8.4 10632(a)(4)(D)
Specify additional mandatory
prohibitions against specific water
use practices that are in addition
to State-mandated prohibitions
are appropriate to local
conditions.
Water shortage
contingency
planning
WSCP Section 3.4
Section 8.4 10632(a)(4)(E)
Estimate the extent to which the
gap between supplies and
demand will be reduced by
implementation of the action.
Water shortage
contingency
planning
Tables 8-2 and 8-3
Section 8.4.6 10632.5
The UWMP shall include a seismic
risk assessment and mitigation
plan.
Water shortage
contingency plan WSCP Section 3.13
Section 8.5 10632(a)(5)(A)
Suppliers must describe that they
will inform customers, the public
and others regarding any current or
predicted water shortages.
Water shortage
contingency
planning
WSCP Section 3.5,
Appendix D
Section 8.5 10632(a)(5)(B),
10632(a)(5)(C)
Suppliers must describe that they
will inform customers, the public
and others regarding any shortage
response actions triggered or
anticipated to be triggered and
Water shortage
contingency
planning
WSCP Section 3.5,
Appendix D
City of Milpitas 2025 Urban Water Management Plan DRAFT 133 2025
Guidebook
Location
Water Code
Section Summary as Applies to UWMP Subject 2025 UWMP
Location
other relevant communications.
Section 8.6 10632(a)(6)
Retail Supplier must describe how it
will ensure compliance with and
enforce provisions of the WSCP.
Water shortage
contingency
planning
WSCP Section 3.6
Section 8.7 10632(a)(7)(A)
Describe the legal authority that
empowers the Supplier to enforce
shortage response actions.
Water shortage
contingency
planning
WSCP Section 3.7
Section 8.7 10632(a)(7)(B)
Provide a statement that the
Supplier will declare a water
shortage emergency per Water
Code Chapter 3. Water Shortage
Emergencies.
Water shortage
contingency
planning
WSCP Section 3.4
Section 8.7 10632(a)(7)(C)
Provide a statement that the
Supplier will coordinate with any
city or county within which it
provides water for the possible
proclamation of a local emergency.
Water shortage
contingency
planning
WSCP Section 3.4
Section 8.8 10632(a)(8)(A)
Describe the potential revenue
reductions and expense increases
associated with activated shortage
response actions.
Water shortage
contingency
planning
WSCP Section 3.8
Section 8.8 10632(a)(8)(B)
Provide a description of mitigation
actions needed to address revenue
reductions and expense increases
associated with activated shortage
response actions.
Water shortage
contingency
planning
WSCP Section 3.4
Section 8.8 10632(a)(8)(C)
Retail Suppliers must describe the
cost of compliance with Water
Code Chapter 3.3, Excessive
Residential Water Use During
Drought.
Water shortage
contingency
planning
WSCP Section 3.6
Section 8.9 10632(a)(9)
Retail Suppliers must describe the
monitoring and reporting
requirements and procedures that
ensure appropriate data are
collected, tracked, and analyzed
for purposes of monitoring
customer compliance.
Water shortage
contingency
planning
WSCP Section 3.9
City of Milpitas 2025 Urban Water Management Plan DRAFT 134 2025
Guidebook
Location
Water Code
Section Summary as Applies to UWMP Subject 2025 UWMP
Location
Section 8.10 10632(a)(10)
Describe reevaluation and
improvement procedures for
monitoring and evaluation the
WSCP to ensure risk tolerance is
adequate and appropriate water
shortage mitigation strategies are
implemented.
Water shortage
contingency
planning
WSCP Section 3.10
Section 8.11 10632(b)
Analyze and define water features
that are artificially supplied with
water, including ponds, lakes,
waterfalls, and fountains, separately
from swimming pools and spas.
Water shortage
contingency
planning
WSCP Section 3.11
Section 8.12 10632(c)
Make available the WSCP to
customers and any city or county
where it provides water within 30
days after adoption of the plan.
Water shortage
contingency
planning
WSCP Section 3.12
Sections 9.1 10631(e)(1)
Retail Suppliers shall provide a
description of the nature and extent
of each demand management
measure implemented over the
past five years. The description will
address specific measures listed in
code.
Demand
management
measures
Section 9.1
Chapter 10 10608.26(a)
Retail Suppliers shall conduct a
public hearing to discuss adoption,
implementation, and economic
impact of water use targets
(recommended to discuss
compliance).
Plan adoption,
submittal, and
implementation
Section 10.3
Section 10.2.
1 10621(b)
Notify, at least 60 days prior to the
public hearing, any city or county
within which the Supplier provides
water that the Supplier will be
reviewing the UWMP and
considering amendments or
changes to the plan.
Plan adoption,
submittal, and
implementation
Section 10.2, 10-1
Section 10.4 10621(f)
Each urban water Supplier shall
update and submit its 2025 plan to
DWR by July 1, 202 6.
Plan adoption,
submittal, and
implementation
Section 10.4.1
City of Milpitas 2025 Urban Water Management Plan DRAFT 135 2025
Guidebook
Location
Water Code
Section Summary as Applies to UWMP Subject 2025 UWMP
Location
Sections
10.2.2, 10.3,
and 10.5
10642
Provide supporting documentation
that the Supplier made the UWMP
and WSCP available for public
inspection, published notice of the
public hearing, and held a public
hearing about the UWMP and
WSCP.
Plan adoption,
submittal, and
implementation
Section 10.4.2
Section 10.2.
2 10642
The Supplier is to provide the time
and place of the hearing to any city
or county within which the
Supplier provides water.
Plan adoption,
submittal, and
implementation
Table 10-1
Section 10.3.
2 10642
Provide supporting documentation
that the UWMP and WSCP has
been adopted as prepared or
modified.
Plan adoption,
submittal, and
implementation
Section 10.8
Section 10.4 10644(a)
Provide supporting documentation
that the Supplier has submitted
their UWMP to the California State
Library.
Plan adoption,
submittal, and
implementation
Section 10.4.3
Section 10.4 10644(a)(1)
Provide supporting documentation
that the Supplier has submitted
their UWMP to any city or county
within which the Supplier provides
water no later than 30 days after
adoption.
Plan adoption,
submittal, and
implementation
Section 10.4.1
Sections 10.4.
1 and 10.4.2 10644(a)(2)
The UWMP, or amendments to
the UWMP, submitted to DWR
shall be submitted electronically.
Plan adoption,
submittal, and
implementation
Section 10.8
Section 10.7.
2 10644(b)
If revised, submit a copy of the
WSCP to DWR within 30 days of
adoption.
Plan adoption,
submittal, and
implementation
Section 10.8
Section 10.5 10645(a)
Provide supporting documentation
that, not later than 30 days after
filing a copy of its UWMP with
DWR, the Supplier has or will make
the plan available for public review
during normal business hours.
Plan adoption,
submittal, and
implementation
Section 10.5
City of Milpitas 2025 Urban Water Management Plan DRAFT 136 2025
Guidebook
Location
Water Code
Section Summary as Applies to UWMP Subject 2025 UWMP
Location
Section 10.5 10645(b)
Provide supporting documentation
that, not later than 30 days after
filing a copy of its WSCP with DWR,
the Supplier has or will make the
plan available for public review
during normal business hours.
Plan adoption,
submittal, and
implementation
Section 10.5
Section 10.6 10621(c)
If Supplier is regulated by the Public
Utilities Commission, include its plan
and contingency plan as part of its
general rate case filings.
Plan adoption,
submittal, and
implementation
Section 10.6
City of Milpitas 2025 Urban Water Management Plan DRAFT 137 APPENDIX B – NOT ICE OF INTENT TO UPDATE UWMP
City of Milpitas 2025 Urban Water Management Plan DRAFT 138 APPENDIX C – NOTICE OF PUBLIC HEARING
City of Milpitas 2025 Urban Water Management Plan DRAFT 139 APPENDIX D – WATER SHORTAGE CONTINGENCY PLAN
Due to the length of the Water Shortage Contingency Plan, it is included as a separate document.
City of Milpitas 2025 Urban Water Management Plan DRAFT 140 APPENDIX E – MARCH 11, 2026, ATTACHMENT B: 2025 UWMP
WHOLESALE CUSTOMER DRY YEAR ALLOCATIONS
City of Milpitas 2025 Urban Water Management Plan DRAFT 141
City of Milpitas 2025 Urban Water Management Plan DRAFT 142
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City of Milpitas 2025 Urban Water Management Plan DRAFT 152
City of Milpitas 2025 Urban Water Management Plan DRAFT 153
City of Milpitas 2025 Urban Water Management Plan DRAFT 154 APPENDIX F – SUPPLY RELIABILITY L ETTER (DATED
MARCH 11, 2026)
City of Milpitas 2025 Urban Water Management Plan DRAFT 155
City of Milpitas 2025 Urban Water Management Plan DRAFT 156
City of Milpitas 2025 Urban Water Management Plan DRAFT 157
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City of Milpitas 2025 Urban Water Management Plan DRAFT 167
City of Milpitas 2025 Urban Water Management Plan DRAFT 168 APPENDIX G – ADOPTION RESOLUTION
Documentation pending. It will be included in the Final Draft of this 2025 UWMP.
City of Milpitas 2025 Urban Water Management Plan DRAFT 169 APPENDIX H – DOCUMENTATION OF 2025 UWMP AND WSCP
SUBMITTAL S
Documentation pending. It will be included in the Final Draft of this 2025 UWMP.
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS ADOPTING THE 2025 URBAN WATER MANAGEMENT PLAN
WHEREAS, on September 21, 1983, the State of California enacted Assembly Bill 797 (Wat. Code §10610, et seq.), known as the “Urban Water Management Plan Act,” which, as amended, required that urban retail suppliers of potable water for municipal purposes serving more than 3,000 customers or retailing more than 3,000 acre feet of water annually, adopt Urban Water Management Plans by December 31, 1985, and every five years on or before July 1, in years ending in six and one thereafter adopt updated plans for the conservation and efficient use of water; and
WHEREAS, in 1985 the City of Milpitas (“City”) provided municipal water to a population of over 40,000 (now over 81,000) and supplied over 6,000 acre-feet of water annually (now over 10,400 acre-feet), it adopted Urban Water Management Plans on December 17, 1985; June 4, 1991 as amended April 1994; March 19, 1996; January 16, 2001; December 6, 2005; June 7, 2011; June 7, 2016; and June 15, 2021; and
WHEREAS, pursuant to recent amendments to the Urban Water Management Planning Act, urban water suppliers are required to update and electronically submit their 2025 Urban Water Management Plans to the California Department of Water Resources (DWR) by July 1, 2026; and
WHEREAS, on November 10, 2009, the State of California enacted Senate Bill 7 (SB X7-7) (Wat. Code § 10608 et seq.), known as the “Water Conservation Act of 2009,” which defines an “urban retail water supplier” as a water supplier that directly provides potable municipal water to more than 3,000 end users or that supplies more than 3,000 acre feet of potable water annually at retail for municipal purposes, and an “urban wholesale water supplier” is defined as a water supplier that provides more than 3,000 acre feet of water annually at wholesale for potable municipal purposes; and
WHEREAS, the City meets the definition of an urban retail water supplier for the purposes of the Urban Water Management Planning Act and SB X7-7; and
WHEREAS, SB X7-7 required 20 percent reduction of urban per capita water use by December 31, 2020, required water suppliers to include in their 2010 Urban Water Management Plans per capita daily water use target values to achieve 20 percent water use reduction, and allowed water suppliers to update the 2020 urban water use targets in their 2015 Urban Water Management Plan; and
WHEREAS, the 2010 Urban Water Management Plan established the 2020 per capita daily water use target via Method 1 – “Gross Water Use Method,” as developed by the California Department of Water Resources, which required the City’s 2020 per capita water consumption rate to be 80 percent of its baseline per capita water use, determined that the City’s baseline, as averaged over the ten-year period from July 1, 1995 to June 30, 2004, was 176 gallons per day, and therefore found that the target per capita water use for the year 2020 was 141 gallons per day; and
WHEREAS, the 2015 Urban Water Management Plan uses a calendar year basis of January 1, 1995 to December 31, 2004 to calculate the 2015 and 2020 per capita water use targets to be consistent with calendar year convention throughout the Urban Water Management Plan, resulting in a baseline usage of 183 gallons per day per capita (gpdpc) and 2015 and 2020 targets of 159 and 146 gpdpc; and
WHEREAS, as the City’s per capita use is currently 108 gallon per day, a consumption rate lower than the 2020 target water use; and
WHEREAS, the City has prepared a 2025 Urban Water Management Plan in accordance with the Urban Water Management Planning Act and SB X7-7, and in accordance with applicable legal requirements, has undertaken certain coordination, notice, public involvement, public comment, and other procedures in relation to
2 Resolution No. xxxx
its 2025 Urban Water Management Plan; and
WHEREAS, the 2025 Urban Water Management Plan describes the City’s service area, existing and planned sources of water, reliability of the supply, water demand and use projections, water conservation and demand management measures, water shortage contingency analysis and recycled water use; and
WHEREAS, in accordance with the Urban Water Management Planning Act and SB X7-7, City has prepared its 2025 Urban Water Management Plan with its own staff, with the assistance of consulting professionals, and in cooperation with other governmental agencies, and has utilized and relied upon industry standards and the expertise of industry professionals in preparing its 2025 Urban Water Management Plan, and has also utilized DWR’s Urban Water Management Plan Guidebook 2025, including its related appendices, in preparing its 2025 Urban Water Management Plan; and
WHEREAS, the said Urban Water Management Plan incorporates the City’s current water conservation program consisting of policies, practices, and regulations that may be expected to continue yielding increased per capita water savings as higher-density housing is developed in accordance with water conservation requirements; and
WHEREAS, pursuant to said public hearing on City’s 2025 Urban Water Management Plan, the City, among other things, encouraged the active involvement of diverse social, cultural, and economic sectors of the population within the City’s retail water service area with regard to the 2025 Urban Water Management Plan and encouraged community input regarding City’s 2025 Urban Water Management Plan; and
WHEREAS, the City prepared the 2025 Urban Water Management Plan in coordination with other appropriate agencies, including other suppliers sharing common sources, regional water management agencies, and relevant public agencies, to the extent practicable; and
WHEREAS, in accordance with applicable law, including Water Code sections 10608.26 and 10642, and Government Code section 6066, a Notice of a Public Hearing regarding City of Milpitas’ 2025 Urban Water Management Plan was published within the jurisdiction of the City on May 22, 2026 and May 29, 2026; and
WHEREAS, the City has provided notice to the public of its intent to adopt the 2025 Urban Water Management Plan, has made the draft plan available for public review, and has encouraged the public to provide comment; and
WHEREAS, in accordance with applicable law, including but not limited to Water Code sections 10608.26 and10642, the City properly noticed and held a public hearing on June 9, 2026, in order to provide members of the public and other interested entities with the opportunity to be heard in connection with proposed adoption of the 2025 Urban Water Management Plan and issues related thereto; and
WHEREAS, the City has reviewed and considered the purposes and requirements of the Urban Water Management Planning Act and SB X7-7, the contents of the 2025 Urban Water Management Plan, and the documentation contained in the administrative record in support of the 2025 Urban Water Management Plan, and has determined that the factual analyses and conclusions set forth in the 2025 Urban Water Management Plan are legally sufficient; and
WHEREAS, the City Council desires to adopt the 2025 Urban Water Management Plan prior to July 1, 2026 in order to comply with the Act and SB X7-7; and
WHEREAS, Section 10652 of the California Water Code provides that the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) (CEQA) does not apply to the preparation and adoption of the 2025 Urban Water Management Plan.
3 Resolution No. xxxx
NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:
1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. The custodian for these records is the City Clerk. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
2. The Council finds and determines that, under California Water Code Section 10652, the adoption of the Urban Water Management Plan and this resolution does not constitute a project under the California Environmental Quality Act, and no environmental assessment is required. Pursuant to CEQA, the Council directs staff to file a Notice of Exemption with the County Clerk within five (5) working days of adoption of this resolution.
3. The 2025 Urban Water Management Plan, which replaces the 2020 Urban Water Management Plan, is hereby adopted and ordered filed with the City Clerk.
4. The City of Milpitas’ 2025 Urban Water Management Plan, attached hereto as Exhibit A, is hereby adopted as amended by changes incorporated by the Council as a result of input received (if any) at the public hearing and ordered filed with the City Clerk.
5. The City Manager is hereby authorized and directed to include a copy of this Resolution in City of Milpitas’ 2025 Urban Water Management Plan.
6. The City Manager, or designee, is hereby authorized and directed to file the Plan, in accordance with Water Code sections 10621(d) and 10644(a)(1)-(2), to electronically submit a copy of the 2025 Urban Water Management Plan to the California Department of Water Resources no later than July 1, 2026.
7. The City Manager, or designee, is hereby authorized and directed, in accordance with Water Code section 10644(a), to submit a copy of the 2025 Urban Water Management Plan to the California State Library, and any city or county within which the City of Milpitas provides water supplies no later than thirty (30) days after this adoption date.
8. The City Manager, or designee, is hereby authorized and directed, in accordance with Water Code Section 10645, to make the 2025 Urban Water Management Plan available for public review at the City of Milpitas’ offices during normal business hours or on the City of Milpitas’ website no later than thirty (30) days after filing a copy of the 2025 Urban Water Management Plan with California Department of Water Resources.
9. The City Manager, or designee, is hereby authorized and directed, in accordance with Water Code Section 10635(c), to provide that portion of the 2025 Urban Water Management Plan prepared pursuant to Water Code Section 10635(a)-(b) to any city or county within which City of Milpitas provides water supplies no later than sixty (60) days after submitting a copy of the 2025 Urban Water Management Plan with California Department of Water Resources.
10. The City Manager, or designee, is hereby authorized and directed to implement the Water Conservation Program set forth in the 2025 Urban Water Management Plan in accordance with the Urban Water Management Planning Act and SB X7-7 , which includes procedures, rules, and regulations to carry out effective and equitable water conservation and water recycling programs and to provide recommendations to the City Council regarding the necessary budgets, procedures, rules, regulations, or further actions to carry out the effective and equitable implementation of the 2025 Urban Water Management Plan.
4 Resolution No. xxxx
PASSED AND ADOPTED this 9th day of June, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
Christian M. Curtis, City Attorney
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Adopting the 2025 Water Shortage Contingency Plan, and Introduce Ordinance No. 240.8 Amending Sections of Chapter 6 of Title VIII of the Milpitas Municipal Code Relating to the Water Shortage Contingency Plan and Permanent Water Waste Restrictions including a Ban on Watering of Nonfunctional Turf (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602)
Category: Public Hearings-Community Services and Sustainable Infrastructure Meeting Date: 6/9/2026
Recommendation: (1) Conduct a public hearing on the 2025 Water Shortage Contingency Plan and introduce Ordinance No. 240.8 amending Chapter 6 (Water Conservation) of Title VIII (Public Works) of the Milpitas Municipal Code relating to Water Shortage Contingency Plan and permanent water waste restrictions pursuant to California Water Code §0608.14 including a ban on watering of nonfunctional turf; and (2) Adopt a resolution adopting the 2025 Water Shortage Contingency Plan.
BACKGROUND:
Water conservation has long been a critical priority in California, driven by the State’s frequent droughts, increasing population demand, and climate change impacts. Over the past three decades, California has enacted several policies and laws to reduce water consumption and ensure sustainable water management.
California Water Code §10632 requires urban water suppliers to prepare and adopt a Water Shortage Contingency Plan (WSCP) as part of the Urban Water Management Plan (UWMP), which must be updated every 5 years. The WSCP outlines the procedures to determine future water shortages, defines water shortage levels, establishes conservation measures for managing water shortages, and evaluates the financial consequences of droughts. Urban water suppliers must prepare and submit their adopted WSCP to the Department of Water Resources (DWR) by July 1 to comply with regulations and ensure continued eligibility of DWR-administered grants, loans, and drought assistance.
On June 15, 2021, the 2020 WSCP was adopted by City Council, as part of the 2020 UWMP update. The City Council subsequently adopted Ordinance 240.7 on August 5, 2021 to amend Chapter 6 (Water Conservation) of Title VIII (Public Works) of the Milpitas Municipal Code to include the updated water shortage levels and demand management actions defined in the 2020 WSCP and to allow for enforcement of water waste restrictions during declared water shortages. In accordance with the five-year cycle, City staff have been working with a technical consultant to update the 2025 WSCP to incorporate updated information on the City’s water supply reliability.
The State requires the City to complete a Water Supply Assessment annually to determine if there will be a water shortage. If a water shortage is identified through the annual assessment or there is a statewide drought declaration, the City would implement and enforce the Water Shortage Contingency Plan as outlined in the Municipal Code.
ANALYSIS:
2025 Water Shortage Contingency Plan (WSCP)
The City must adopt its 2025 WSCP by July 1, 2026, to comply with California Water Code §0632. The major components and recommendations of the 2025 WSCP include (1) Levels of Declared Water Shortage and (2) Financial Consequences of Drought. Each section is further described below.
1. Levels of Declared Water Shortage
The City’s six water shortage levels are aligned with the State’s six standard water shortage levels and range from no water shortage (0%) to greater than 50% water shortage. The City Council is authorized to require or impose restrictions on or reductions in the use of water if such reductions are necessary to comply with Water Supply Shortage conditions.
At the August 5, 2021 meeting, the City Council adopted permanent water conservation measures, known as the permanent Water Conservation As a Milpitas Way of Life prohibitions, under Ordinance 240.7 to ensure that water is always used in an efficient manner. These prohibitions are included as Water Shortage Level 0 measures and are effective at all times, in addition to any state-mandated prohibitions. These include but are not limited to the following prohibitions:
- Use of potable water that results in flooding or runoff in gutters, waterways, patios, sidewalks, driveways, or streets.
- Use of potable water to irrigate plants, landscaping or turf areas during and within 48 hours after measurable rainfall.
- Irrigation of any landscaping or turf areas except between the hours of 6:00 p.m. to 9:00 a.m., and for no more than four (4) days during any seven (7)-day period.
Further shortage response actions that align with each subsequent level of water supply shortage include:
- Demand reduction (conservation) actions to adequately respond to shortages; - City operational changes; and
- Supply augmentation actions.
Recommended actions were identified based on the Drought Risk Analysis performed as part of the 2025 UWMP. Demand reduction actions identified build off conservation actions that were successful during previous droughts, such as limiting irrigation by imposing outdoor watering schedules and other measures that reduce water waste.
Table 1: Summary of Proposed Water Shortage Level Actions & Procedures Water
Shortage
Level 0
Water
Shortage
Level 1
Water
Shortage
Level 2
Water
Shortage
Level 3
Water
Shortage
Level 4
Water
Shortage
Level 5
Water
Shortage
Level 6
Target Water
Savings
0%
(Normal)
10% 11-20% 21-30% 31-40% 41-50% >50%
Public
Outreach
Permanent
Water
Waste
Prohibitions
Awareness
For Levels 1 through 4: Increase advertising,
social media campaigns, and direct
communication to high water users.
Escalate
outreach
efforts
Highest
outreach
effort
level with
focus on
health
and
safety
Demand
Reduction
Actions
Permanent
water use
restrictions
Water use restrictions and enforcement increase with each level.
Examples of increased water use restrictions include but are not limited to: decrease in permitted irrigation days, require faster response time to complete water waste corrective actions, and increase water waste patrols.
Supply
Augmentation
Actions
No
additional
actions
City may consider activating or installing additional City owned groundwater wells.
2. WSCP - Financial Consequences of Droughts
The intent of this section of the WSCP is to raise awareness that demand reduction actions designed to address a range of water shortage conditions have the potential to impact the City’s water utility revenues and expenditures. If needed, the following proposed measures can be implemented by the City to offset reductions in water sales revenue:
- The City can defer non-mission critical capital improvement projects and reallocate the funds to cover the cost of operations and critical maintenance, and/or; - Depending on the severity of the shortage and impact on revenue, the City Council may choose to increase water rates and/or implement a drought response surcharge. Such a drought related rate increase/surcharge would remain in effect until such time the City Council declares a water shortage no longer exists; and/or
- The City Manager can recommend alternative measures, as needed, to the City Council for consideration.
The 2025 Water Shortage Contingency Plan is included as Attachment (a) of this report.
Water Conservation Ordinance 240.8 and Ban on Watering of Non-Functional Turf The purpose of the City’s Water Conservation Ordinance is to promote efficient and sustainable potable water use, prevent potable water waste, and establish provisions for water management practices to enable effective water supply planning for increasing demand and expansion. Ordinance 240.8 codifies and makes the 2025 WSCP enforceable.
Signed in October 2023, Assembly Bill 1572 (AB 1572) prohibits the use of potable water for irrigating “nonfunctional turf” (i.e., decorative grass areas that do not serve a recreational or community purpose, such as turf in street medians, business parks, or office landscapes) at commercial, industrial, and institutional properties, except to ensure the health of trees and perennial non-turf plantings. The City must adopt an ordinance to prohibit the irrigation of nonfunctional turf with potable water by January 1, 2027, to be compliant with AB 1572. Staff propose to meet this requirement by updating the City’s existing Water Conservation Ordinance to add the prohibition of potable water use for the irrigation of nonfunctional turf as a Shortage Level 0 demand reduction action (a permanent water waste prohibition).
AB 1572 specifically addresses the use of potable water for irrigating nonfunctional turf (NFT) on commercial, industrial, and institutional (CII) properties, as well as common areas of homeowners' associations (HOAs) and community service organizations; landscapes at single-family residences are not affected by AB 1572 requirements. This statewide prohibition will be phased in from 2027 to 2031 per the schedule below:
• January 1, 2027: Applies to all properties owned by local governments, local or regional public agencies, and public water systems.
• January 1, 2028: Extends to all other institutional, commercial, and industrial properties, including those in disadvantaged communities.
• January 1, 2029: Applies to common areas of homeowners’ associations, common interest developments (CIDs), and community service organizations. • January 1, 2031: Extends to public properties in disadvantaged communities, contingent on the availability of state funding for turf conversion programs.
Larger property owners, those with more than 5,000 square feet of irrigated area, will be required to certify their compliance with the State Water Resources Control Board beginning in 2030 and 2031, depending on their property type.
Incorporating the NFT watering prohibition will allow the City to achieve additional conservation savings by eliminating non-essential uses of potable water and is a proactive step in protecting our water supply and supports the City’s efforts to reach goals set by state-mandated water conservation regulations.
To ensure compliance with the potable water prohibition for nonfunctional turf irrigation, City staff will notify customers through a variety of communication channels, including messaging through the City’s WaterSmart Customer Portal, social media, articles in the City’s newsletters, direct communication with affected customers
and related interest groups, and updates to the City’s website. Communications will provide information on the compliance timeline, information on available tools to manage landscape irrigation, and information on rebates for landscape conversion and outdoor water use efficiency upgrades. Communication efforts will also be supported by Valley Water’s countywide outreach campaign, which may include digital messaging and physical mailers.
Amending Chapter 6 of Title VIII of the Milpitas Municipal Code is necessary to ensure compliance with state law, avoid potential enforcement penalties, and align with broader state and regional conservation goals.
Updated language in the ordinance attached to this report is based on the Model Ordinance provided by the California Water Efficiency Partnership.
Adopting the ordinance will allow the City to align its regulations with other public agencies and that have adopted similar ordinances, such as:
• City of Morgan Hill
• City of Santa Clara
• Valley Water
Pending completion of this first reading and public hearing, staff will return to City Council for the second reading and adoption of Ordinance No. 240.8 (Attachment (c) and Attachment (d)).
Ongoing Water Conservation Efforts
The City offers ongoing Water Conservation Programs to ensure that water is always used efficiently and to ensure that our community is drought ready. Available programs include the WaterSmart Customer Portal, which allows customers to review their near real-time water use data, conserve water through early leak detection alerting, and find conservation tips and resources. Landscape rebates are available through a cost- share agreement with Valley Water to allow residents and businesses to cost-effectively convert to drought- tolerant landscapes and install water efficient irrigation equipment. The City provides educational opportunities by hosting efficient landscape classes, covering topics such as native and water-wise landscaping, rainwater harvesting, efficient irrigation practices, and composting. Further, the City has a Water Waste Reporting and Enforcement Program to address observed cases of water waste around the City and provide educational materials to residents and businesses. More information on these programs can be found at:
https://www.milpitas.gov/935/Water-Conservation and the City’s Incentive Corner.
POLICY ALTERNATIVE(S):
Alternative 1: City Council does not adopt the 2025 WSCP and does not consider the adoption of Ordinance 240.8 to amend Chapter 6 of Title VIII of the Milpitas Municipal Code to include the prohibition of nonfunctional turf as a permanent water waste restriction.
Pros: None.
Cons: California Water Code §0632 mandates that all WSCPs be adopted and submitted to DWR by July 1, 2026. Assembly Bill 1572 requires public water purveyors to update their local ordinances, regulations, or policies to include the nonfunctional watering restrictions by January 1, 2027. Failure to adopt Ordinance 240.8 would cause the City to be noncompliant with AB 1572 requirements and not align with state and regional water conservation goals.
Reason for Not Recommending: Failure to adopt the 2025 WSCP renders the City ineligible for any water management grant or loan administered by DWR and may render the City ineligible for other State funding, depending on the conditions that are specified in funding guidelines.
Ordinance 240.8 aligns with the 2025 WSCP and allows the City to enforce the statewide prohibition of irrigating nonfunctional turf with potable water. Failure to include the prohibition of irrigating nonfunctional with potable water in the City’s water conservation ordinance by 2027 will result in the City being in violation of AB 1572.
FISCAL IMPACT:
There are no fiscal impacts associated with adopting the 2025 WSCP or introducing Ordinance 240.8. Any financial consequences of implementing the plan during a future water shortage are described in Section 3.9 of the WSCP. The ordinance itself fulfills the state-mandated requirement to prohibit potable water use for irrigating nonfunctional turf (NFT) and aligns with Assembly Bill 1572 (AB 1572) and Water Code §0608.14.
Funding for the required education and outreach efforts is already budgeted within CIP No. 7126 – Water Conservation Program.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The action is exempt from CEQA pursuant to California Water Code Section 10652. The action is also categorically exempt from CEQA under State CEQA Guidelines, §15308 as this action is an action by a regulatory agency for the protection of the environment as authorized by state and local law.
ATTACHMENT(S):
(a) Draft 2025 Water Shortage Contingency Plan
(b) Resolution
(c) Proposed Ordinance No. 240.8
(d) Proposed Ordinance No. 240.8 - redlined
Prepared by:
City of Milpitas
Draft 2025 Water Shortage Contingency Plan
May 21, 2026
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 2
TABLE OF CONTENTS PAGE
LIST OF FIGURES ....................................................................................................................................................................3 LIST OF TABLES ......................................................................................................................................................................3 LIST OF ABBREVIATIONS AND ACRONYMS .........................................................................................................................4 1 INTRODUCTION AND WSCP OVERVIEW .........................................................................................................................5
1.1 Water Shortage Contingency Plan Requirements and Organization ...........................................................................5
1.2 Integration with Other Planning Efforts ........................................................................................................................7 2 BACKGROUND INFORMATION .........................................................................................................................................8
2.1 City of Milpitas Service Area ........................................................................................................................................8
2.2 Relationship to Wholesalers ........................................................................................................................................8
2.3 San Francisco Public Utilities Commission (SFPUC) ................................................................................................12
2.4 Valley Water (Formerly Santa Clara Valley Water District) .......................................................................................12
2.5 Relationship with Wholesaler Water Shortage Planning ...........................................................................................12 3 WATER SHORTAGE CONTINGENCY RESPONSE AND PREPAREDNESS PLANNING ..............................................14
3.1 Water Supply Reliability Analysis ..............................................................................................................................14
3.2 Annual Water Supply and Demand Assessment Procedures ...................................................................................17
3.3 Six Standard Water Shortage Levels ........................................................................................................................21
3.4 Shortage Response Actions ......................................................................................................................................23
3.5 Seismic Risk Assessment and Mitigation Plan ..........................................................................................................36
3.6 Communication Protocols ..........................................................................................................................................37
3.7 Compliance and Enforcement ...................................................................................................................................37
3.8 Legal Authorities ........................................................................................................................................................38
3.9 Financial Consequences of WSCP ...........................................................................................................................39
3.10 Monitoring and Reporting ..........................................................................................................................................39
3.11 WSCP Refinement Procedures .................................................................................................................................40
3.12 Special Water Feature Distinction .............................................................................................................................40
3.13 Plan Adoption, Submittal and Availability ..................................................................................................................40 4 REFERENCES ..................................................................................................................................................................42 APPENDIX A – CITY OF MILPITAS MUNICIPAL CODE ORDINANCE NO. 240.7 ................................................................44 APPENDIX B – COMMUNICATION PROCEDURES ..............................................................................................................45 B.1 Emergency Response Plan Communication .............................................................................................................45 B.2 Water Shortage Communication Plan .......................................................................................................................45 B.3 Monitor, Evaluate, and Amend ..................................................................................................................................50 APPENDIX C – NOTICE OF PUBLIC HEARING ....................................................................................................................53 APPENDIX D – ADOPTION RESOLUTION ............................................................................................................................54
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 3
LIST OF FIGURES
Figure 2-1. Potable Water Service Area Map .......................................................................................................... 9 Figure 2-2. Public Water System(s) ....................................................................................................................... 10 Figure 2-3. City of Milpitas Recycled Water Distribution System ......................................................................... 11 Figure 3-1. City of Milpitas Water Supply ............................................................................................................. 14 Figure 3-2. Annual Assessment Reporting Timeline ............................................................................................. 18 Figure 3-3. Annual Assessment Communication Steps ......................................................................................... 19
LIST OF TABLES
Table 3-1. Water Shortage Contingency Plan Levels (DWR Table 8-1) ................................................................. 22 Table 3-2. Supply Augmentation and Other Actions (DWR Table 8-2) ................................................................. 24 Table 3-3. Demand Reduction Actions (DWR Table 8-3) ...................................................................................... 26 Table 3-4. Agency Contacts and Coordination Protocols ...................................................................................... 39 Table B-0-1. Water Shortage Communication Plan Implementation Schedule .................................................... 51
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 4
L IST OF ABBREVIATIONS AND ACRONYMS
BAWSCA Bay Area Water Supply and
Conservation Agency
CCR Consumer Confidence Report
CII Commercial, Industrial and
Institutional
City City of Milpitas
CRS Community Rating System
CWC California Water Code
DRA Drought Risk Assessment
DWR California Department of Water
Resources
ERP Emergency Response Plan
FEMA Federal Emergency Management Ag
ISG Individual Supply Guarantee
MG million gallons
mgd million gallons per day
MJHMP Multi-Jurisdictional Hazard Mitigation
PlanSC
RWS Regional Water System
SBWR City of San Jose South Bay Water
Recycling
SCVWD Santa Clara Valley Water District
(now referred to as Valley Water)
SFPUC San Francisco Public Utilities
Commission
UWMP Urban Water Management Plan
WSCP Water Shortage Contingency Plan
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 5 1 INTRODUCTION AND WSCP OVERVIEW
The Water Shortage Contingency Plan (WSCP) is a planning document designed to prepare for and respond to water shortages. This WSCP complies with California Water Code Section 10632, which requires that every urban water supplier shall prepare and adopt a WSCP as part of its Urban Water Management Plan (UWMP). This level of detailed planning and preparation is intended to help maintain reliable supplies and reduce the impacts of supply interruptions.
The WSCP is the operating manual that the City of Milpitas (City) uses to prevent catastrophic service disruptions through proactive water management. A water shortage occurs when water supply availability is insufficient to meet the normal, expected customer water use for a given period. This may occur for several reasons, such as population and land use growth, climate change, drought, or catastrophic events. This WSCP is not intended to replace water distribution system operating rules or procedures, but rather to complement t he City’s Local Hazard Mitigation1 and Emergency Response Plans.2
This WSCP provides a structured guide for the City to address water shortages, incorporating prescriptive information and standardized action levels along with implementation strategies in the event of a supply interruption. Therefore, when shortage conditions arise, the City’s governing body, its staff, and the public can easily identify and efficiently implement pre-determined steps to manage the shortage. A well-structured WSCP allows for efficient management of any shortage with predictability and accou ntability. This is accomplished through a real-time water supply availability assessment and well- defined actions aligned with different water shortage levels which, if necessary, may be modified to respond to actual conditions.
The WSCP also describes the City’s procedures for conducting an Annual Water Supply and Demand Assessment (Annual Assessment). An Annual Assessment, as required by Water Code Section 10632.1, is to be submitted to the California Department of Water Resources (DWR) on or before July 1st of each year.
The City’s 2025 WSCP is included as an appendix to its 202 5 UWMP, which will be submitted to DWR upon adoption. However, this WSCP is created separately from the UWMP and can be amended as needed without amending the UWMP. The Water Code does not prohibit an urban water supplier from taking actions not specified in its WSCP, if needed, without having to formally amend its UWMP or WSCP.
The primary objective of the WSCP is to ensure that the City has in place the necessary resources and management responses needed to protect health and human safety, minimize economic disruption, and preserve environmental and community assets during water supply shortages and interruptions. The WSCP also includes procedures to conduct an annual assessment of water supply and demand to determine whether water shortage conditions are likely to exist in the forthcoming year, and to proactively begin the proce ss of implementing WSCP stages of action, as appropriate. This WSCP has been prepared in accordance with California Water Code (CWC) § 10640 and CWC § 10632 of the UWMP Act. The information presented in the respective WSCP sections and the associated text and tables are collectively intended to fulfill the requirements of that sub-section of the UWMP Act.
1.1 Water Shortage Contingency Plan Requirements and Organization The WSCP provides the steps and water shortage response actions to be taken in times of water shortage conditions. The WSCP has prescriptive elements, such as the following:
1 Santa Clara County, Multi-Jurisdictional Hazard Mitigation Plan (Volumes 1 & 2) (2021), https://www.milpitas.gov/DocumentCenter/View/7348/Volume-1-Santa-Clara-County-, https://www.milpitas.gov/DocumentCenter/View/7349/Volume-2-City-of-Milpitas-Annex 2 City of Milpitas, Emergency Operations Plan (2012), https://www.milpitas.gov/DocumentCenter/View/1406/City-of- Milpitas-Emergency-Operations-Plan-PDF
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 6 • An analysis of water supply reliability
• The water shortage response actions for each of the six standard water shortage levels that correspond to water shortage percentages ranging from 10% to greater than 50% • An estimate of the potential to close any supply gap for each water shortage response action • Protocols and procedures to communicate identified actions for any current or predicted water shortage conditions
• Procedures for an Annual Water Supply and Demand Assessment • Monitoring and reporting requirements to determine customer compliance • Procedures for reevaluating and improving the WSCP
This WSCP is organized into three main chapters as listed below , with Chapter 3 closely aligned with the California Water Code Section 16032 requirements.
Chapter 1 – Introduction and WSCP Overview. This Section gives an overview of the WSCP fundamentals.
Chapter 2 – Background. This section provides information on the City’s water service area.
Chapter 3 – Water Shortage Contingency Response and Preparedness Planning. This chapter describes the procedures, policies, and response actions used to monitor water supply conditions and implement staged responses to water shortages.
Section 3.1 – Water Supply Reliability Analysis. This section provides a summary of the water supply analysis and water reliability findings from the 2025 UWMP.
Section 3.2 – Annual Water Supply and Demand Assessment Procedures. This section provides a description of procedures to conduct and approve the Annual Assessment.
Section 3.3 – Six Standard Water Shortage Levels. This section explains the WSCP’s six standard water shortage levels corresponding to progressive ranges of up to 10, 20, 30, 40, 50, and more than 50 percent shortages.
Section 3.4 – Shortage Response Actions. This section describes the WSCP’s shortage response actions that align with the defined shortage levels.
Section 3. 5 – Seismic Risk Assessment and Mitigation Plan. This section addresses the vulnerability of the systems to earthquakes and the Federal Emergency Management Agency -approved Santa Clara County Multijurisdictional Hazard Mitigation Plan.
Section 3.6 – Communication Protocols. This section addresses communication protocols and procedures to inform customers, the public, interested parties, and local, regional, and state governments, regarding any current or predicted shortages and any resulting shortage response actions.
Section 3.7 – Compliance and Enforcement. This section describes customer compliance, enforcement, appeal, and exemption procedures for triggered shortage response actions.
Section 3.8 – Legal Authorities. This section describes the legal authorities that enable the City to implement and enforce its shortage response actions.
Section 3. 9 – Financial Consequences of the WSCP. This section provides a description of the financial consequences of and responses to drought conditions.
Section 3.10 – Monitoring and Reporting. This section describes monitoring and reporting requirements and procedures that ensure appropriate data is collected, tracked, and analyzed for purposes of monitoring customer compliance and meeting state reporting requirements.
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 7 Section 3.11 – WSCP Refinement Procedures. This section addresses reevaluation and improvement procedures for monitoring and evaluating the functionality of the WSCP.
Section 3.12 – Special Water Feature Distinction. This section defines water features that are artificially supplied with water.
Section 3.13 – Plan Adoption, Submittal, and Implementation. This section provides a record of the process the City followed to adopt and implement its WSCP.
1.2 Integration with Other Planning Efforts
As a retail water supplier in Santa Clara County, the City of Milpitas considered other key entities in the development of this WSCP, including Valley Water and the San Francisco Public Utilities Commission ( SFPUC, regional wholesale supplier). The City also developed this WSCP with input from several coordination efforts led by Bay Area Water Supply and Conservation Agency (BAWSCA)3 and City and County planning documents.
Some of the key planning and reporting documents that were used to develop this WSCP are included in the references section and are as follows:
General Plan – The Milpitas 2040 General Plan was adopted on March 9, 2021 (De Novo, 2021).
Water Master Plan – The City’s Water Master Plan was adopted August 9, 2022 (West Yost, 2022).
Climate Action Plan – The City’s Climate Action Plan was adopted May 7, 2013 (PMC, 2013). An update was adopted on August 9, 2022 (Ascent, Kearns & West, 2022).
Metro Specific Plan – The City’s Metro Specific Plan was adopted on February 7, 2023 (Urban Field, 2023).
Draft Gateway-Main Street Specific Plan – The City’s draft Gateway-Main Street Specific Plan was completed in April 2025 (Ascent, 2025).
Regional Water Demand and Conservation Projections Study – Bay Area Water Supply & Conservation Agency BAWSCA’s regional water demand projection study was completed on December 8, 2025.
Annual Water Loss Audit – The City completed, validated, and submitted its annual water loss audit in December 2025.
3 More information on the Bay Area Water Supply and Conservation Agency is available online: www.bawsca.org.
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 8 2 BACKGROUND INFORMATION
The City of Milpitas is in Santa Clara County near the southern tip of the San Francisco Bay, 45 miles south of San Francisco. The City of Fremont borders Milpitas to the north and the City of San Jose borders Milpitas to the south and west. Most of its 14 square miles of land is situated between two major freeways (Interstates 880 and 680). The City has approximately 10 square miles of valley floor to the west and 4 square miles of hillside areas to the east. Industrial and commercial areas are located on the valley floor with residential areas on the valley floor and hillside. Parks and recreational open spaces are distributed throughout residential areas.
Since its inception in 1954, the City has experienced steady growth and development. At the time of incorporation, the City covered an area of 2.9 square miles with a population of 825. Rapid growth began with the Ford Motor Company assembly plant in 1955 and continued with the technology industry in the 1970s. Most of the valley floor is fairly new. Growth slowed as result of the recession of 2008. However, in more recent years, the transformation of industrial areas of the City into high -density housing h as resumed. The City contains a strong complement of employment and retail uses as well as housing. Large sources of employment include manufacturing, the school district, and the Great Mall shopping center.
2.1 City of Milpitas Service Area
The City owns, operates and maintains a potable water distribution system which consists of five turnouts, one emergency groundwater well, three emergency interties, five storage reservoirs, five pump stations, 17 pressure reducing valves, and approximately 194 miles of pipeline. The City also operates and maintains a recycled water system owned by the City of San Jose’s South Bay Water Recycling (SBWR) program.
As shown in Figure 2-1, the City’s potable water supply system is divided into two distinct service areas, corresponding to the areas served by the City’s two wholesalers , from which they purchase treated potable water: SFPUC and Valley Water. Under normal operating conditions, the City does not blend water from SFPUC and Valley Water. However, the two sources of water are physically interconnected with isolation valves to provide an emergency water supply if needed.
2.2 Relationship to Wholesalers
In its incorporation year of 1954, the City began distributing SFPUC water to all residents and businesses, expanding to the hillside area in 1982. In August 1993, the City began serving water from S anta Clara Valley Water District (SCVWD, now Valley Water), primarily to the commercial and industrial areas of the City (west of Highway 880, and also south of Calaveras Blvd. and west of Highway 680). Figure 2-1 shows the SFPUC and Valley Water service areas. Figures 2-2 and 2 -3 provide further details regarding the City’s water system and infrastructure.
Most of the City’s growth is occurring within areas served by Valley Water and as these areas grow so does the percentage of the City’s potable supply that comes from Valley Water. In 2025, approximately 35% of the City’s potable water came from Valley Water, which is a decrease from 40% in 2020.
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 9 Figure 2-1. Potable Water Service Area Map
Source: West Yost. (2020). City of Milpitas Water Master Plan.
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 10 Figure 2-2. Public Water System(s)
Source: West Yost. (2020). City of Milpitas Water Master Plan.
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 11 Figure 2-3. City of Milpitas Recycled Water Distribution System
Source: City of Milpitas, 2025.
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 12
2.3 San Francisco Public Utilities Commission (SFPUC)
The City purchases wholesale water from the City and County of San Francisco’s Regional Water Systems (RWS).
This supply is predominantly snowmelt from the Sierra Nevada, delivered through the Hetch Hetchy aqueducts, but also includes treated water produced by SFPUC from its local watersheds and facilities in Alameda and San Mateo Counties. Water from the RWS is treated before delivery and supplied to the City from Bay Division Pipelines 3 and 4.
Detailed in Milpitas’s Water Master Plan, on June 2, 2009, the City entered into a 25 -year Water Supply Agreement (WSA) with SFPUC. This agreement affirms the City’s perpetual right to purchase up to 9.23 million gallons per day (MGD) of treated potable water unless SFPUC has a water shortage. The WSA was amended and restated in 2025.
The amount of imported water available to SFPUC’s customers is constrained by climate, hydrology, physical facilities, and the institutional parameters that allocate the water supply of the Tuolumne River, the key source for SFPUC. Due to these constraints, SFPUC is very dependent on reservoir and snow-pack storage to manage its water supplies.
2.4 Valley Water (Formerly Santa Clara Valley Water District) The City began receiving treated surface water from Valley Water in August 1993 under a September 1984 contract between the City and Valley Water. The supply delivery is adjusted annually based on a binding 3-year annual delivery schedule. The City’s annual purchase must be at least 90% of the delivery schedule and the City’s monthly “supply guarantee” is at least 15% of the annual delivery schedule. Valley Water provides treated water from its Penitencia and Santa Teresa treatment plants via its Milpitas Pipeline which terminates in the City.
Although the City purchases are currently limited to surface water largely purchased by Valley Water from the State Water Project and Central Valley Project, Valley Water’s overall water supply comes from a variety of sources. Nearly half is from local groundwater aquifers, and more than half is imported from the Sierra Nevada through pumping stations in the Sacramento -San Joaquin River Delta. Both groundwater and imported water are sold to retailers. Valley Water also manages the groundwater basin to the b enefit of agricultural users and other independent users who pump groundwater. Local runoff is captured in Valley Water reservoirs for recharge into the groundwater basin or treatment at one of Valley Water’s water treatment plants. The total storage capacity of these reservoirs is about 170,000 acre-feet (AF).
2.5 Relationship with Wholesaler Water Shortage Planning The WSCP is designed to be consistent with the water shortage contingency planning strategies of its wholesale water providers. The City will consider the following documents when planning for water shortage:
• SFPUC Water Shortage Contingency Plan outlines SFPUC’s plan for responding to a water shortage condition. This includes demand reduction actions that may affect the City supply during shortage. In addition, the SFPUC WSCP includes the procedures that will be used by SFPUC to conduct an annual water supply and demand assessment (annual assessment). The annual assessment will provide a description and quantification of each source of SFPUC’s water supply compared to water demands for the current year and one subsequent dry year.
• Valley Water Water Shortage Contingency Plan outlines Valley Water’s plan for responding to a water shortage condition. This includes demand reduction actions that may affect the City supply during shortage. In addition, the Valley Water WSCP includes the procedures that will be used by Valley Water to conduct an annual water supply and demand assessment (annual assessment). The annual assessment will provide a description and quantification of each source of Valley Water’s water supply compared to water demands for the current year and one subsequent dry year.
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 13 • City of Milpitas 2025 Urban Water Management Plan presents the analysis of long-term water supply reliability and forecasted demand under normal conditions, single and multiple dry year scenarios.
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 14 3 WATER SHORTAGE CONTINGENCY RESPONSE AND
PREPAREDNESS PLANNING
The City of Milpitas WSCP is a detailed guide of how the City intends to act in the case of an actual water shortage condition. The WSCP anticipates a water supply shortage and provides pre-planned guidance for managing and mitigating the shortage. Regardless of the reason for the shortage, the WSCP , based on adequate details of demand reduction and supply augmentation measures that are structured to match varying degrees of shortage, will ensure the relevant stakeholders understand what to expect during a water shortage situation.
3.1 Water Supply Reliability Analysis
Per Water Code Section 10632 (a)(1), the WSCP shall provide an analysis of water supply reliability conducted pursuant to Water Code Section 10635, and the key issues that may create a shortage condition when evaluating the City’s water asset portfolio.
Understanding water supply reliability, factors that could contribute to water supply constraints, availability of alternative supplies, and what effect these have on meeting customer demands provides the City with a solid basis on which to develop appropriate and feasible response actions in the event of a water shortage. In the 2025 UWMP, the City conducted a Water Reliability Assessment to compare the total water supply sources available to the water supplier with long -term projected water use over the n ext 2 5 years, in five -year increments (for a normal water year, a single dry water year, and a drought lasting five consecutive water years).
The City also conducted a Drought Risk Assessment to evaluate supply risks under a drought period that lasts five consecutive water years beginning in 2025.
In 2025, SFPUC supplies represented about 59.6 percent of the City’s total water supplies, while water supplies from Valley Water represented about 32 percent of the City’s total water supplies. Therefore, supply reliability from both providers will have significant impact to the City supplies and are described below.
Figure 3-1. City of Milpitas Water Supply
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 15 SFPUC Supply Reliability
In December 2018, the SWRCB adopted amendments to the Water Quality Control Plan for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary (Bay -Delta Plan Amendment) to establish water quality objectives for the San Francisco Bay -Delta watershed. The SWRCB is required by law to regularly review this plan. The adopted Bay-Delta Plan Amendment was developed with the stated goal of increasing salmonid populations in three San Joaquin River tributaries (the Stanislaus, Merced, and Tuolumne Rivers) and the San Francisco Bay - Delta. The Bay-Delta Plan Amendment requires the release of 30 -50% of the “unimpaired flow” 4 on the three tributaries from February through June in every year type. In SFPUC modeling of the new flow standard, it is assumed that the required release is 40% of unimpaired flow.
As described in Chapter 7 of the UWMP , the SFPUC RWS’s dominant supply is from the Tuolumne River watershed at high elevations in the Sierra Nevada Mountains. This main source of water for the SFPUC RWS is augmented by treated water produced by SFPUC from its local watersheds and facilities in Alameda and San Mateo counties.
In 2019, the SFPUC established the Alternative Water Supply (AWS) Program to identify and plan water supply and storage projects and actions that increase the dry -year reliability of the RWS. Based on the 2045 planning horizon that the SFPUC applied in its February 2024 AWS Plan, the SFPUC anticipates a water supply gap will occur in future dry years. The AWS Program aims to help fill the gap through local and regional capital projects.
Since the City’s water supply relies partially on the SFPUC RWS, impacts from the potential implementation of the Bay Delta Plan, as presented in SFPUC’s Scenario 1 , will impact the City’s service reliability. The City will be able to meet the projected water demands presented in the 2025 UWMP in normal years but would experience supply shortages in single dry years and multiple dry years. Implementation of the Bay Delta Plan will require rationing in all single dry years and multiple dry years.
For the 2025 UWMPs, SFPUC provided two scenarios, using hydrologic models with and without the Bay -Delta Plan Amendment. BAWSCA, in turn, provided drought cutback allocations based on the information about projected water supply availability for the wholesale customers from SFPUC. All of BAWSCA’s allocation tables assume that wholesale customers can purchase up to 184 MGD from SFPUC’s RWS through 2050.
In normal years 100% of the City’s Individual Supply Guarantee (ISG) is available to the City, that is 9.232 MGD.
Assumptions from SFPUC about dry -year water supply projects are included in SFPUC’s Water System Improvement Program (WSIP) and considered in SFPUC’s Regional Water System supply reliability. 5 The SFPUC’s
Regional Water System supply reliability data reflect SFPUC’s projected instream flow requirements under each scenario.
Valley Water Supply Reliability
Valley Water s upplies appear to be sufficient to meet demands during a single dry year through 2045. This assumes that reserves are at healthy levels at the beginning of the year and that the projects and programs identified in the Valley Water’s Water Supply Master Plan 2050 (WSMP) are implemented. Supplies available for this single year drought represent water needed not only for that single drought year, but also water that may be needed for a prolonged drought. Valley Water would manage the ir WSMP reported supplies a ssuming the drought may continue beyond a single year, and thus not all supplies are expected to be used by retailers during the single year drought.
4 "Unimpaired flow represents the natural water production of a river basin, unaltered by upstream diversions, storage, or by export or import of water to or from other watersheds." Water Quality Control Plan for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary (Dec. 12, 2018) p.17, fn. 14, available at https://www.waterboards.ca.gov/plans_policies/docs/2018wqcp.pdf . 5 SFPUC Regional Water System supply reliability letter from SFPUC, March 11, 2026.
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 16 The greatest challenge to Valley Water’s water supply reliability is multiple dry years, such as those that occurred in 1988 through 1992 and in 2012 through 2016. The five dry-year period used in this analysis is 1988 to 1992, which was an extended drought within historic record and WEAP modeling period . The analysis indicates that with existing and planned projects’ supplies, Valley Water’s diverse water supplies are sufficient to meet demands throughout the full-five year drought in demand years 2035 and 2040 without having to call for short- term water use reductions, but in demand years 2030 as well as 2045 through 2050, there will be shortages in the last two years of the drought. The shortages are less than 10% of projected demands, thus within Valley Water’s level of service goal of meeting 100% of annual water demand during non -drought years and at least 80% of annual water demand in drought years. Those shortages will be addressed through a combination of supply augmentation from transfer and exchange and water use reductions.
Additional Reliability Constraints
In addition to regulatory changes, the amount of water available from SFPUC’s RWS and Valley Water’s Agreement No. A0657 for a Supply of Treated Water for the City is constrained by climate, hydrology, facilities, and the institutional parameters that allo cate the water supply from the Tuolumne River. Climate change may affect the snowpack storage and water availability in future.
Constraints on the SFPUC and Valley Water supplies were discussed in more detail in the 2025 UWMP. The main long-term constraints on supply reliability are due to climate change and regulatory changes. Key factors impacting water supply for both wholesalers include:
• Changes in precipitation patterns, such as time of snowfall or rain, intensity, and duration. • Changes in water quality because of changes in precipitation patterns and storage.
The constraints noted below potentially will affect SFPUC’s Hetch -Hetchy watershed and management of the RWS water supply and its distribution.
• Fewer months of continuous below freezing (-32°F) temperatures in the Sierra Nevada, resulting in less precipitation as snow, shorter duration for snowpack storage. • Warmer temperatures leading to melt of the snowpack storage. • Inadequate storage capacity to store the snowmelt water source. • Regulatory changes affecting the SFPUC water supplies, such as implementation of the Bay Delta Plan Amendment that could reduce supply water for the SFPUC RWS by 48% in drought years.
Valley Water’s treated surface water supply could be impacted by regulatory changes limiting availability of supplies from the State Water Project. In addition, Valley Water ’s groundwater supply is largely constrained by hydrologic variability. The inflows to the groundwater subbasins are constrained by Valley Water’s managed aquifer recharge program and natural recharge, including about 9 8 miles of in-stream recharge and 102 off- stream recharge ponds. Maintaining Valley Water’s managed recharge program requires ongoing operational planning for the distribution of local and imported water to recharge facilities; maintenance and operation of reservoirs, diversion facilities, distribution systems, and recharge ponds; and the maintenance of water supply contracts, water rights, and relevant environmental clearance. Valley Water’s managed recharge program is critical to maintaining groundwater supply because natural recharge is insufficient to meet groundwater demands. However, protecting natural recharge capacit y is also important. Valley Water’s District Act and Board policy help preserve open space that supports agriculture and natural recharge capacity.
Groundwater quality can also be a constraint on groundwater supply. In general, the Santa Clara and Llagas Subbasins have high-quality groundwater, except for nitrate, which is elevated in some wells in the Coyote Valley and Llagas Subbasin from historic and ongoing sources including fertilizers, septic systems, and animal waste.
However, nitrate concentrations are generally stable or declining and Valley Water has many programs to protect groundwater quality, including several targeted to improve nitrate in groundwater. Additional details
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 17 about constraints on groundwater supply and quality and Valley Water’s comprehensive groundwater management strategies are described in the 2021 Groundwater Management Plan.6 Drought Risk Assessment
In the Drought Risk Assessment (DRA), the City includes its supply reliability using SFPUC ’s Scenario 1 with the implementation of the Bay Delta Plan Amendment. The SFPUC projects that in a multiple dry year scenario starting in 2026 , with the implementation of the Bay Delta Plan, the wholesale volume available to BAWSCA agencies will range from 71 percent of normal in the first year and second year to 72 percent of normal in the third year to fifth year scenarios (Data Source: SFPUC 2025 UWMP Supply Reliability Letter, Table 8).
The City will experience significant water supply shortfalls with the Bay Delta Plan, for multiple (five) dry years.
These shortfalls will invoke the City’s WSCP in a multi-year drought scenario as outlined in the City’s 2025 UWMP.
To reduce the need for continued extreme use reductions, the City will need to accelerate seeking additional water supplies by developing new groundwater wells.
3.2 Annual Water Supply and Demand Assessment Procedures Per Water Code Section 10632.1, the City will conduct an annual water supply and demand assessment pursuant to subdivision (a) of Section 10632 and by July 1st of each year, beginning in 2022, submit an annual water shortage assessment with information for anticipated shortage, triggered shortag e response actions, compliance and enforcement actions, and communication actions consistent with the supplier’s water shortage contingency plan.
This section documents the decision -making process required for formal approval of the City ’s Annual Assessment determination of water supply reliability each year and the key data inputs and the methodologies used to evaluate the water system reliability for the coming year, while considering that the year to follow would be considered dry.
Decision-Making Process
The Annual Assessment will be predicated on outcome of the SFPUC Annual Assessment and the Valley Water Annual Assessment.
SFPUC Annual Assessment
Throughout the year, the City attends working meetings with BAWSCA and reviews water supply availability updates from SFPUC. SFPUC updates BAWSCA on January 1, February 1, and provides the final annual supply availability by April 15. A sample timeline for the City’s Annual Assessment report is presented in Figure 3-2.
6 https://www.valleywater.org/your-water/where-your-water-comes/groundwater/sustainable
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 18 Figure 3-2. Annual Assessment Reporting Timeline
Valley Water Annual Assessment
Water shortage determinations are made at Valley Water Board meetings that would be held as necessary during a water shortage. The City will review its supply and demand to determine if a local supply shortage will occur due to reduced supplies from Valley Water and determine if the WSCP needs to be implemented.
City of Milpitas Annual Assessment
As re quired by Water Code Section 10632(a)(2), the procedures the City will follo w to conduct its Annual Assessment for water demand and supply and formally approve it include staff and City Council actions, such as:
• Review an analysis of monthly and annual (prior year) service area water consumption by sector. • Comparison and analysis of monthly and annual City consumption to SFPUC production data. • Review and analysis of actual consumption compared to forecast (i.e., the City ’s update and BAWSCA Demand Study model forecast), and, if changes are apparent, review of potential impacts on water use patterns (e.g., drought, state or local reduction targets, COVID-19 pandemic, etc.). • Review and analysis of SFPUC updated (final SFPUC supply availability provided on April 15, annually) annual supply projections (SFPUC’s hydrological and water availability forecast), and available related information.
• Review and analysis of Valley Water updated (final Valley W ater supply availability provided in May/June) supply status, and available related information. • New regulatory requirements that could potentially impact water supply. • Other related data and information including an analysis of water system reliability for the coming year with the presumption that the year would be dry.
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 19 The outcome of the Annual Assessment will determine the Annual Assessment approval process. If the City water supply availability is normal, without expected shortages, the Public Works Director, or designee, will approve the Annual Assessment. If shortage conditions are expected, the City presents the Annual Assessment to the City Council and implements the WSCP. Following discussion, deliberations, and, if any, follow-up actions from staff (e.g., if the WSCP is implemented, specific actions , such as communication with customers, implementation of shortage Levels, and other necessary steps are identified).
The City’s routine annual demand and supply assessment and approval process includes interactions with BAWSCA, SFPUC, and Valley Water. Figure 3 -3 illustrates the annual demand and supply steps in the communication and decision-making process between the City, BAWSCA, SFPUC and Valley Water.
Figure 3-3. Annual Assessment Communication Steps
Data and Methodologies
The following paragraphs document the key data inputs and methodologies that are used to evaluate the water system reliability for the coming year, while considering that the year to follow would be considered dry, as defined below:
Evaluation Criteria
In the 2025 UWMP, the City conducted an assessment of the reliability of its water service to its customers during normal, dry, and multiple dry water years. This water supply and demand assessment compares the total water supply sources available to the water supplier with the long-term total projected water use over the next 20 years, in five -year increments, for a normal water year, a single dry water year, and a drought lasting five consecutive water years. This assessment was based on the City’s service area, water sources, water supply reliability, and water use as described in Water Code Section 10631, including available data from state, regional, or local agency population, land use development, and climate change projections within the service area of the City.
The City will continue to monitor emerging supply and demand conditions and regulatory developments related to imported water from SFPUC and Valley Water and take appropriate actions consistent with the flexibility and adaptiveness inherent to the WSCP.
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 20 Water Supply
The City’s existing water supplies include imported water, groundwater, recycled water, and interties with neighboring agencies. Under normal conditions, imported water comprises the City’s entire water supply. The City purchases treated surface water from two agencies: SFPUC and Valley Water, which was previously known as the Santa Clara Valley Water District. In 2025, water supplies from SFPUC totaled 1,929 million gallons (MG) and represented about 60 percent of the City’s total water supplies, while water supplies from Valley Water totaled 1,036 MG and represented about 32 percent of the City’s total water supplies. Recycled water is produced at the San José-Santa Clara Regional Wastewater Facility and delivered to the City by SBWR. In 2025, the City used approximately 273 MG of recycled water, mainly for landscape irrigation. This represented about eight percent of the City’s total 20 25 water use. In emergencies, the City can activate interties with S an Jose Water (SJW) and Alameda County Water District (ACWD) and/or pump groundwater. The City overlies the Santa Clara Valley Groundwater Sub-basin and currently has one existing fully developed groundwater well (Pinewood Well), and two planned in development: Curtis Well and McCandless Well.
Unconstrained Customer Demand
The WSCP and Annual Assessment define unconstrained demand as expected water use prior to any projected shortage response actions that may be taken under the WSCP. Unconstrained demand is distinguished from observed demand, which may be constrained by preceding, ongoing, or future actions, such as emergency supply allocations during a multi -year drought. WSCP shortage response actions to constrain demand are inherently extraordinary; routine activities such as ongoing conservation programs and regular operational adjustments are not considered as constraints on demands.
BAWSCA’s 2025 Regional Water Demand and Conservation Projections Study, or the Demand Study, was used to project long -term demand, through 205 0, based on expected service area growth for both population and employment. Demand forecasts were developed for each agency to account for conservation from passive (i.e., from codes/standards) and active conservation programs. Based on this analysis, water demands were projected after accounting for the effects of the existing plumbing code and future active conservation savings.
In the DRA, the City estimated unconstrained demand, or expected gross water use for the next five years without drought conditions. The City will experience water supply shortfalls with the implementation of the Bay Delta Plan, for multiple (five) dry years. These shortfalls will invoke the City’s WSCP in a multi-year drought scenario as outlined in Section 7 of the City’s 2025 UWMP.
Planned Water Use for Current Year Considering Dry Subsequent Year Water Code Section 10632(a)(2)(B)(ii) requires the Annual Assessment to determine “current year available supply, considering hydrological and regulatory conditions in the current year and one dry year.” The Annual Assessment will include two separate estimates of City’s annual water supply and unconstrained demand using:
1) current year conditions, and 2) assumed dry year conditions. The City will determine the hydrologic conditions of a normal and dry year conditions according to the following methodology:
• Normal Year. Normal Year. This condition represents the normal/average water supplies from SFPUC for BAWSCA agencies, and Valley Water for its water retailers. This condition represents the normal/average water supplies from SFPUC for BAWSCA agencies, 67,160 MG (184 mgd). In this section, consistent with its supplier, the SFPUC, the City presents the ‘normal’ year available supply from SFPUC as its contractual volume, its ISG, 9.322 mgd. This condition also assumes full allocation of Valley Water three year contract purchase projections.
• Single Dry Year. The single dry year represents the year with the lowest water supply available from SFPUC to the City. With Bay Delta Plan for base years 2030-2050 from SFPUC for the City, the available water supply in a single-dry year is 1,284 MG/year or 65% of normal supply (the City’s normal or average
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 21 supply is 1, 975 MG/year for these same years ). This condition also assumes full allocation of Valley Water three-year contract purchase projections.
Infrastructure Considerations
The Annual Assessment will include consideration of any infrastructure issues that may pertain to near-term water supply reliability, including repairs, construction, and environmental mitigation measures that may temporarily constrain capabilities, as well as any new projects that may add to system capacity.
The City maintains one existing fully developed groundwater well for use in emergencies, but it is not used as a normal supply. Currently, the City does not use groundwater to meet customer demands under normal conditions. The City has one existing fully developed well, Pinewood Well, and two planned or in development:
Curtis Well and McCandless Well. These wells are located in the southwestern part of the City. Curtis Well was drilled in 2003, but the well was not equipped with above -grade infrastructure required for a functioning well, and the facility was never completed. As a result, bringing Curtis Well online requires installing a submersible pump, piping and treatment components, as well as conducting testing and permitting. Design for Curtis Well improvements began in 2020. Construction of McCandless Well began in 2020 and is anticipated to be completed in 2026.
The use of Pinewood Well, Curtis Well and McCandless Well as emergency wells or fully functioning wells is yet to be studied; however, the significance of these wells cannot be understated. The State Water Resources Control Board Division of Drinking Water (DDW), in 2015, requested a formal evaluation of the City’s Water Source Capacity, under Section 64558, Title 22, of the California C ode of Regulations. The use of well(s) for storage credits is one strategy the City may use to supplement above grade storage requirements to satisfy Section 64558, Title 22. A Source Capacity Analysis, as part of a separate study independent of the UWMP, is being performed by the City at the time of the writing of this UWMP. The City adopted its Water Master Plan in August 2022 which identified the City’s current and future water demands and the infrastructure required to address source capacity. The Master Plan Study will inform the Source Capacity Analysis ; however, preliminary evaluations indicate a combination of groundwater supply in conjunction with above grade storage (tanks) may be the appropriate balance to ensure compliance with Section 64558 of Title 22. Additionally, expanding the City’s water port folio to include groundwater wells will supplement loss of supply as a result of wholesale cutbacks in the event of prolonged droughts as discussed in Chapter 7 of the 2025 Urban Water Management Plan. Pinewood Well is permitted for use as a standby emergency well. The City currently reserves groundwater supply for emergency use in the event that SFPUC and Valley Water cannot deliver contract treated water supplies.
Other Factors
For the Annual Assessment, any known issues related to water quality would be considered for potential effects on water supply reliability.
3.3 Six Standard Water Shortage Levels
Per Water Code Section 10632 (a)(3)(A), the City must include the six standard water shortage levels that represent shortages from the normal reliability as determined in the Annual Assessment. The shortage levels have been standardized to provide a consistent regional and statewide approach to conveying the relative severity of water supply shortage conditions. This is an outgrowth of the severe statewide drought of 2012-2016, and the widely recognized public communication and state policy uncertainty associated with the many different local definitions of water shortage Levels.
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
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 22 condition) and align with the response actions the City would implement to meet the severity of the impending shortages.
Table 3-1. Water Shortage Contingency Plan Levels (DWR Table 8-1) Submittal Table 8-1: Cross-reference for Standard vs Supplier Shortage Levels Water Code Section 10632(a)(3)(B)
Check the box if the Supplier uses the Standard six levels of water shortage.
Proceed to the next table.
Standard
Shortage Levels
Percent Shortage
Range Shortage Response Actions
0 0% (Normal)
A Level 0 Water Supply Shortage condition exists when the City notifies its water users that no supply reductions are anticipated in this year. The City proceeds with planned water efficiency best practices to support consumer demand reduction in line with state mandated requirements and local City goals for water supply reliability. Permanent water waste prohibitions are in place as stipulated in the City’s Water Shortage Response Ordinance. 1 Up to 10%
A Level 1 Water Supply Shortage condition exists when the City notifies its water users that due to drought or other supply reductions, a consumer demand reduction of up to 10% is necessary to make more efficient use of water and respond to existing water conditions. The City shall implement the mandatory Level 1 conservation measures identified in this WSCP. The type of event that may prompt the City to declare a Level 1 Water Supply Shortage may include, among other factors, a finding that its wholesale water provider calls for extraordinary water conservation. 2 Up to 20%
A Level 2 Water Supply Shortage condition exists when the City notifies its water users that due to drought or other supply reductions, a consumer demand reduction of up to 20% is necessary to make more efficient use of water and respond to existing water conditions. Upon declaration of a Level 2 Water Supply Shortage condition, the City shall implement the mandatory Level 2 conservation measures identified in this WSCP. 3 Up to 30%
A Level 3 Water Supply Shortage condition exists when the City declares a water shortage emergency condition pursuant to California Water Code section 350 and notifies its residents and businesses that up to 30% consumer demand reduction is required to ensure sufficient supplies for human consumption, sanitation and fire protection. The City must declare a Water Supply Shortage Emergency in the manner and on the grounds provided in California Water Code section 350.
4 Up to 40%
A Level 4 Water Supply Shortage condition exists when the City declares a water shortage emergency condition pursuant to California Water Code section 350 and notifies its residents and businesses that up to 40% consumer demand reduction is required to ensure sufficient supplies for human consumption, sanitation and fire protection. The City must declare a Water Supply Shortage Emergency in the manner and on the grounds provided in California Water Code section 350.
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 23 Submittal Table 8-1: Cross-reference for Standard vs Supplier Shortage Levels Water Code Section 10632(a)(3)(B)
Check the box if the Supplier uses the Standard six levels of water shortage.
Proceed to the next table.
Standard
Shortage Levels
Percent Shortage
Range Shortage Response Actions
5 Up to 50%
A Level 5 Water Supply Shortage condition exists when the City declares a water shortage emergency condition pursuant to California Water Code section 350 and notifies its residents and businesses that up to 50% or more consumer demand reduction is required to ensure sufficient supplies for human consumption, sanitation and fire protection. The City must declare a Water Supply Shortage Emergency in the manner and on the grounds provided in California Water Code section 350.
6 >50%
A Level 6 Water Supply Shortage condition exists when the City declares a water shortage emergency condition pursuant to California Water Code section 350 and notifies its residents and businesses that greater than 50% or more consumer demand reduction is required to ensure sufficient supplies for human consumption, sanitation and fire protection.
The City must declare a Water Supply Shortage Emergency in the manner and on the grounds provided in California Water Code section 350.
3.4 Shortage Response Actions
Water Code Section 10632 (a)(4) requires the WSCP to specify shortage response actions that align with the defined shortage levels. The City has defined specific shortage response actions that align with the defined shortage levels in Tables 3-1, 3-2 and 3-3. These shortage response actions were developed with consideration to the system infrastructure and operations changes, supply augmentation responses, customer-class or water use-specific demand reduction initiatives, and increasingly stringent water use prohibitions.
Supply Augmentation
The supply augmentation actions are described in Table 3 -2 (DWR Submittal Table 8 -2). These augmentations represent short-term management objectives triggered by the WSCP and do not overlap with the long-term new water supply development or supply reliability enhancement projects. The City relies on SFPUC’s and Valley Waters reliability portfolio of water supply programs including existing water transfers, storage and exchange agreements to supplement gaps in the City’s supply/demand balance.
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 24 Table 3-2. Supply Augmentation and Other Actions (DWR Table 8-2) Submittal Table 8-2 Retail: Supply Augmentation and Other Actions - Water Code Section 10632(a)(4)(A), (C), and (E)
Yes Is the Supplier completing this table using the standard six levels? (yes/no) 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
(MG)
1 Other Actions (describe) Percentage 0-10%
Utilize 1-5 additional City-owned
groundwater wells as needed. Each
has a capacity of 1.2 MGD per West
Yost April 2021 Shortage Evaluation.
2 Other Actions (describe) Percentage 10-20%
Utilize 1-5 additional City-owned
groundwater wells as needed. Each
has a capacity of 1.2 MGD per West
Yost April 2021 Shortage Evaluation.
3 Other Actions (describe) Percentage 20-30%
Utilize 1-5 additional City-owned
groundwater wells as needed. Each
has a capacity of 1.2 MGD per West
Yost April 2021 Shortage Evaluation.
4 Other Actions (describe) Volume 1752
Utilize 1-5 additional City-owned
groundwater wells as needed. Each
has a capacity of 1.2 MGD per West
Yost April 2021 Shortage Evaluation.
5 Other Actions (describe) Volume 1752
Utilize 1-5 additional City-owned
groundwater wells as needed. Each
has a capacity of 1.2 MGD per West
Yost April 2021 Shortage Evaluation.
6 Other Actions (describe) Volume 1752
Utilize 1-5 additional City-owned
groundwater wells as needed. Each
has a capacity of 1.2 MGD per West
Yost April 2021 Shortage Evaluation.
NOTES:
1. The City currently has three groundwater wells that are used for emergency use only and permitted to be operated no more than 5 consecutive days, and for no more than 15 calendar days per year. They pump at
1.2 MGD and are not designed as production supply wells. By year 2030, these groundwater wells will become an active non-emergency supply source and be able to operate at full production rate in dry year conditions.
2. By 2035, one or more additional wells pumping at 1.2 MGD or 438 MGY will be online yielding a total well capacity of 1,752 MGY for all groundwater wells. More than one well may be built between 2030 and 2035 depending on anticipated shortfall and well pumping capacities.
The City may pursue a managed groundwater well extraction program similar to neighboring water agencies, Alameda County Water District to the north and City of Santa Clara and San Jose Water to the south. The south- western portion of the City of Milpitas overlays a groundwater aquifer which is adequately productive therefore, in-pipe blending with SFPUC and Valley Water is a viable option for augmenting supply shortages. Four wells at
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 25 an average withdrawal rate of 1.2 million gallons per day (450 million gallons per year) can produce up to 5 million gallons per day of new water supply for the City. The extraction rate and volume is based on preliminary production tests of McCandless Well and Curtis Well which have indicated the aquifer in this zone produces 500- 1,200 gallons per minute or an average of 850 gallons per minute . Prior to use, a State Water Quality Report must be completed, as well as treatment (if necessary) and disinfection. Assuming new wells would be of similar quality to that of Pinewood Well (the primary municipal well for the City’s emergency water supply), treatment for contaminants would be minimal. Issues to be resolved include both mineral and odor concerns which will require treatment or in-pipe blending with current water supplies. Planning for future wells, while an increase to the infrastructure cost s, allows for better long -term supply reliability by expanding the City’s water supply portfolio which will allow the City to supplement water supply cutbacks in some or all drought scenarios. Wells also provide the City storage credits to offset above grade water storage requirements which also include infrastructure and land acquisition costs.
Sustainability of wells and groundwater aquifers are based on aquifer recharge, as currently performed by Valley Water. The City in concert with Valley Water should study the feasibility of offsetting SFPUC supply reductions, as outlined in the Bay Delta Plan and this UWMP, to determine the approximate quantity of groundwater and the rate at which groundwater can be extracted from the aquifer during various drought scenarios. If it is determined the aquifer has the capacity to offset most if not all of the supply cutbacks from SFPUC, the City should develop a Water Supply Augmentation Feasibility Report to determine the recommended number and location of wells.
Demand Reduction
The demand reduction measures that would be implemented to address shortage levels are described in Table 3-4 here and in the UWMP. This table also estimates the extent to which each action will reduce the gap between supply and demand, demonstrating that the selected suite of shortage response actions can be expected to meet the requirements of a given shortage level . This table also identifies the enforcement action, if any, associated with each demand reduction measure.
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 26 Table 3-3. Demand Reduction Actions (DWR Table 8-3)
Submittal Table 8-3 Retail: Demand Reduction Actions - Water Code Section 10632(a)(4)(B) and (E) Yes Is the Supplier completing this table using the standard six levels? (yes/no) Shortage
Level
Demand
Reduction
Actions
How much is this going to reduce
the shortage gap?
Additional Explanation or
Reference
Penalty,
Charge, or
Other
Enforcement?
Volume or
Percentage
Shortage Gap
Reduction Value
(MG)
0 Other water
feature or
swimming
pool
restriction
Percentage Statewide Prohibition
is Required
Cleaning, filling, or operating
water features, such as
decorative fountains, except
where the water is part of a
recirculating system.
No
0 Other Percentage Statewide Prohibition
is Required
Washing or hosing down
vehicles is prohibited except
by use of a handheld
container, hose with an
automatic shut off device, or
at a commercial car wash.
No
0 Other -
Prohibit use
of potable
water for
washing hard
surfaces
Percentage Statewide Prohibition
is Required
Washing hard or paved
surfaces is prohibited except
to alleviate safety or sanitary
hazards using a handheld
container, hose with an
automatic shut off device, or
a low-volume high pressure
cleaning machine that
recycles used water.
No
0 Landscape -
Restrict or
prohibit
runoff from
landscape
irrigation
Percentage Statewide Prohibition
is Required
Watering vegetated areas in
a manner that causes
excessive water flow or
runoff onto an adjoining
sidewalk, driveway, street,
alley, gutter, or ditch is
prohibited.
No
0 Landscape -
Other
landscape
restriction or
prohibition
Percentage Statewide Prohibition
is Required
Irrigating ornamental turf on
public street medians is
prohibited.
No
0 Landscape -
Other
landscape
restriction or
prohibition
Percentage Statewide Prohibition
is Required
No landscape watering shall
occur within 48 hours after
measurable precipitation.
No
0 Landscape -
Other Percentage On-going Long Term-
Conservation Savings
Prohibited use of broken or
defective plumbing, No
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 27 Submittal Table 8-3 Retail: Demand Reduction Actions - Water Code Section 10632(a)(4)(B) and (E) Yes Is the Supplier completing this table using the standard six levels? (yes/no) Shortage
Level
Demand
Reduction
Actions
How much is this going to reduce
the shortage gap?
Additional Explanation or
Reference
Penalty,
Charge, or
Other
Enforcement?
Volume or
Percentage
Shortage Gap
Reduction Value
(MG)
landscape
restriction or
prohibition
Measure. Not
applicable to Water
Shortage Contingency
Plan quantifiable
savings.
sprinkler, watering or
irrigation systems
0 Landscape -
Other
landscape
restriction or
prohibition
Percentage
On-going Long Term-
Conservation Savings
Measure. Not
applicable to Water
Shortage Contingency
Plan quantifiable
savings.
Prohibited use of potable
water for outdoor irrigation
in newly constructed homes
and buildings, except with
drip or microspray irrigation
systems.
No
0 CII -
Restaurants
may only
serve water
upon request
Percentage
On-going Long Term-
Conservation Savings
Measure. Not
applicable to Water
Shortage Contingency
Plan quantifiable
savings.
CII - Restaurants may only
serve water upon request No
0 CII - Other CII
restriction or
prohibition
Percentage
On-going Long Term-
Conservation Savings
Measure. Not
applicable to Water
Shortage Contingency
Plan quantifiable
savings.
No water in new, added or
altered cooling system
equipment unless at least
fifty percent (50%) of the
water is recycled.
No
0 Other -
Prohibit
vehicle
washing
except at
facilities using
recycled or
recirculating
water
Percentage
On-going Long Term-
Conservation Savings
Measure. Not
applicable to Water
Shortage Contingency
Plan quantifiable
savings.
All new commercial car wash
and laundry facilities must
re-circulate the wash water.
No
0 Landscape -
Limit
landscape
irrigation to
specific times
Percentage
On-going Long Term-
Conservation Savings
Measure. Not
applicable to Water
Shortage Contingency
Watering or irrigation of
vegetated areas is prohibited
between 9 am and 6 pm
except by use of a hand held
device, hose equipped with
an automatic shutoff device,
No
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 28 Submittal Table 8-3 Retail: Demand Reduction Actions - Water Code Section 10632(a)(4)(B) and (E) Yes Is the Supplier completing this table using the standard six levels? (yes/no) Shortage
Level
Demand
Reduction
Actions
How much is this going to reduce
the shortage gap?
Additional Explanation or
Reference
Penalty,
Charge, or
Other
Enforcement?
Volume or
Percentage
Shortage Gap
Reduction Value
(MG)
Plan quantifiable
savings.
or for adjusting or repairing
an irrigation system for short
periods of time.
0 Other -
Require
automatic
shut of hoses
Percentage
On-going Long Term-
Conservation Savings
Measure. Not
applicable to Water
Shortage Contingency
Plan quantifiable
savings.
Use a shutoff nozzle on
hoses. No
0 Pools and
Spas - Require
covers for
pools and
spas
Percentage
On-going Long Term-
Conservation Savings
Measure. Not
applicable to Water
Shortage Contingency
Plan quantifiable
savings.
Pools and spas shall be
covered when not in use to
prevent evaporation.
No
0 Other -
Prohibit use
of potable
water for
construction
and dust
control
Percentage
On-going Long Term-
Conservation Savings
Measure. Not
applicable to Water
Shortage Contingency
Plan quantifiable
savings.
Require a construction water
use plan be submitted to the
water supplier that
addresses how impacts to
existing water users will be
mitigated (such as dust
control).
No
0 Landscape -
Limit
landscape
irrigation to
specific days
Percentage
On-going Long Term-
Conservation Savings
Measure. Not
applicable to Water
Shortage Contingency
Plan quantifiable
savings
Irrigation shall be limited to 4
days per week turf watering
when using potable water.
No
0 Landscape -
Other
landscape
restriction or
prohibition
Percentage
On-going Long Term-
Conservation Savings
Measure. Not
applicable to Water
Shortage Contingency
Plan quantifiable
savings
Prohibited use of potable
water for outdoor irrigation
in newly constructed homes
and buildings, except with
drip or microspray irrigation
systems.
No
0 Landscape -
Other
landscape
Percentage
On-going Long Term-
Conservation Savings
Measure. Not
Prohibited use of potable
water for the irrigation of
nonfunctional turf located on
No
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 29 Submittal Table 8-3 Retail: Demand Reduction Actions - Water Code Section 10632(a)(4)(B) and (E) Yes Is the Supplier completing this table using the standard six levels? (yes/no) Shortage
Level
Demand
Reduction
Actions
How much is this going to reduce
the shortage gap?
Additional Explanation or
Reference
Penalty,
Charge, or
Other
Enforcement?
Volume or
Percentage
Shortage Gap
Reduction Value
(MG)
restriction or
prohibition
applicable to Water
Shortage Contingency
Plan quantifiable
savings
commercial, industrial, and
institutional properties, and
on properties of
homeowners' associations,
common interest
developments, and
community service
organizations or similar
entities; other than
cemeteries.
1 Landscape -
Limit
landscape
irrigation to
specific times
Percentage 0-5%
Watering or irrigation of
vegetated areas is prohibited
between 9 am and 6 pm
except by use of a hand held
device, hose equipped with
an automatic shutoff device,
or for adjusting or repairing
an irrigation system for short
periods of time.
Yes
1 Landscape -
Limit
landscape
irrigation to
specific days
Percentage 0-5%
Irrigation shall be limited to 4
days per week turf watering
when using potable water.
Yes
1 Expand Public
Information
Campaign
Percentage 0-1%
Community Outreach and
Messaging (Expand Public
Information Campaign)
Yes
1 Reduce
System Water
Loss
Percentage 0-5%
Real Loss Reduction -
Pressure Management and
More Aggressive Leak
Detection and Repair
Yes
1 Increase
Water Waste
Patrols
Percentage 0-1% Increase Water Waste
Patrols Yes
1 Expand Public
Information
Campaign
Percentage 0-1%
Expand promotion and
outreach about rebates
available
No
2 Improve
Customer
Billing
Percentage 0-1%
Improve AMI Leak Reports to
include more details on
water use
No
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 30 Submittal Table 8-3 Retail: Demand Reduction Actions - Water Code Section 10632(a)(4)(B) and (E) Yes Is the Supplier completing this table using the standard six levels? (yes/no) Shortage
Level
Demand
Reduction
Actions
How much is this going to reduce
the shortage gap?
Additional Explanation or
Reference
Penalty,
Charge, or
Other
Enforcement?
Volume or
Percentage
Shortage Gap
Reduction Value
(MG)
2 Other -
Customers
must repair
leaks, breaks,
and
malfunctions
in a timely
manner
Percentage 0-1% Fix leaks or faulty sprinklers
promptly/within 5 days. Yes
2 Landscape -
Other
landscape
restriction or
prohibition
Percentage 0-1%
Prohibited use of broken or
defective plumbing,
sprinkler, watering or
irrigation systems.
Yes
2 Landscape -
Limit
landscape
irrigation to
specific days
Percentage 5-10%
Irrigation shall be limited to 3
days per week turf watering
when using potable water.
Plant containers, trees,
shrubs and vegetable
gardens may be watered
additional days using only
drip irrigation or hand
watering.
Yes
2 Water
Features -
Restrict water
use for
decorative
water
features, such
as fountains
Percentage 0-1%
Filling or refilling ornamental
lakes and ponds is
prohibited. Ornamental lakes
and ponds that sustain
aquatic life of significant
value and were actively
managed prior to the storage
declaration are exempt.
Yes
2 Pools and
Spas - Require
covers for
pools and
spas
Percentage 0-1% Pools and Spas - Require
covers for pools and spas Yes
2 Decrease Line
Flushing Percentage 0-1% Decrease Line Flushing Yes
2 CII -
Restaurants
may only
Percentage 0-1% CII - Restaurants may only
serve water upon request Yes
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 31 Submittal Table 8-3 Retail: Demand Reduction Actions - Water Code Section 10632(a)(4)(B) and (E) Yes Is the Supplier completing this table using the standard six levels? (yes/no) Shortage
Level
Demand
Reduction
Actions
How much is this going to reduce
the shortage gap?
Additional Explanation or
Reference
Penalty,
Charge, or
Other
Enforcement?
Volume or
Percentage
Shortage Gap
Reduction Value
(MG)
serve water
upon request
2 Pools - Allow
filling of
swimming
pools only
when an
appropriate
cover is in
place.
Percentage 0-1%
Pools - Allow filling of
swimming pools only when
an appropriate cover is in
place.
Yes
3 Other -
Customers
must repair
leaks, breaks,
and
malfunctions
in a timely
manner
Percentage 0-1% Fix leaks or faulty sprinklers
within 4 days. Yes
3 Other -
Prohibit
vehicle
washing
except at
facilities using
recycled or
recirculating
water
Percentage 0-1%
Car washing is only
permitted using a
commercial carwash that
recirculates water or by high
pressure/low volume wash
systems.
Yes
3 Other -
Prohibit use
of potable
water for
construction
and dust
control
Percentage 0-1%
Require a construction water
use plan be submitted to the
water supplier that
addresses how impacts to
existing water users will be
mitigated (such as dust
control).
Yes
3 Landscape -
Limit
landscape
irrigation to
specific days
Percentage 10-25%
Irrigation shall be limited to 2
days per week turf watering
when using potable water.
Plant containers, trees,
shrubs and vegetable
gardens may be watered
additional days using only
Yes
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 32 Submittal Table 8-3 Retail: Demand Reduction Actions - Water Code Section 10632(a)(4)(B) and (E) Yes Is the Supplier completing this table using the standard six levels? (yes/no) Shortage
Level
Demand
Reduction
Actions
How much is this going to reduce
the shortage gap?
Additional Explanation or
Reference
Penalty,
Charge, or
Other
Enforcement?
Volume or
Percentage
Shortage Gap
Reduction Value
(MG)
drip irrigation or hand
watering.
3 Other water
feature or
swimming
pool
restriction
Percentage 0-1%
Decorative water features
that use potable water must
be drained and kept dry.
Yes
3 CII - Other CII
restriction or
prohibition
Percentage 0-1%
No water in new, added or
altered cooling system
equipment unless at least
fifty percent (50%) of the
water is recycled.
Yes
4 Other -
Customers
must repair
leaks, breaks,
and
malfunctions
in a timely
manner
Percentage 0-1% Fix leaks or faulty sprinklers
within 3 days. Yes
4 Landscape -
Limit
landscape
irrigation to
specific days
Percentage 5-20%
Irrigation shall be limited to 1
days per week turf watering
when using potable water.
Plant containers, trees,
shrubs and vegetable
gardens may be watered
additional days using only
drip irrigation or hand
watering.
Yes
4 Other water
feature or
swimming
pool
restriction
Percentage 0-1%
Existing pools shall not be
emptied and refilled using
potable water unless
required for public health
and safety purposes.
Yes
4 Other water
feature or
swimming
pool
restriction
Percentage 0-1% No new permits for pools will
be issued. Yes
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 33 Submittal Table 8-3 Retail: Demand Reduction Actions - Water Code Section 10632(a)(4)(B) and (E) Yes Is the Supplier completing this table using the standard six levels? (yes/no) Shortage
Level
Demand
Reduction
Actions
How much is this going to reduce
the shortage gap?
Additional Explanation or
Reference
Penalty,
Charge, or
Other
Enforcement?
Volume or
Percentage
Shortage Gap
Reduction Value
(MG)
4 Landscape -
Prohibit
certain types
of landscape
irrigation
Percentage 0-1%
Irrigation of golf courses only
allowed for greens and tees
area.
Yes
5 Other -
Customers
must repair
leaks, breaks,
and
malfunctions
in a timely
manner
Percentage 0-1% Fix leaks or faulty sprinklers
within 2 days. Yes
5 Landscape -
Prohibit all
landscape
irrigation
Percentage 5-20% All irrigation is prohibited. Yes
5 Landscape -
Prohibit
certain types
of landscape
irrigation
Percentage 0-1% Watering of all golf course
areas is prohibited. Yes
5 Landscape -
Prohibit
certain types
of landscape
irrigation
Percentage 0-1%
Watering of parks, school
grounds, and recreation
fields is prohibited, except
for rare plant or animal
species.
Yes
6 Other -
Customers
must repair
leaks, breaks,
and
malfunctions
in a timely
manner
Percentage 0-1% Fix leaks or faulty sprinklers
within 1 day. Yes
6 Other Percentage 0-50% Water use for public health
and safety purposes only. Yes
6 Landscape -
Prohibit all
landscape
irrigation
Percentage 0-5%
The City may shut off all
non-essential water
services. All irrigation is
prohibited.
Yes
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 34 Submittal Table 8-3 Retail: Demand Reduction Actions - Water Code Section 10632(a)(4)(B) and (E) Yes Is the Supplier completing this table using the standard six levels? (yes/no) Shortage
Level
Demand
Reduction
Actions
How much is this going to reduce
the shortage gap?
Additional Explanation or
Reference
Penalty,
Charge, or
Other
Enforcement?
Volume or
Percentage
Shortage Gap
Reduction Value
(MG)
6 CII - Other CII
restriction or
prohibition
Percentage 0-15%
Water for commercial,
manufacturing, or processing
purposes shall be reduced in
volume by up to 50% or
exceeded if necessary for
public health and safety
purposes.
Yes
6 Other Percentage 0-70%
Water use for public health
and safety purposes only.
Customer rationing may be
implemented.
Yes
Operational Changes
During shortage conditions, operations may be affected by supply augmentation or demand reduction responses. The City considered its operational procedures to identify changes that can be implemented to address water shortage on a short-term basis, including but may not be limited to the following:
• Use reclaimed water for hydroflushing
• Temporarily suspend hydrant flushing
• Minimize any conventional flushing
• Utilize NO-DES truck whenever possible
• Converting emergency wells to supply wells
• Drilling additional wells for supply
Additional Mandatory Restrictions
California Water Code Section 10632(a)(4)(D) calls for “additional, mandatory prohibitions against specific water use practices that are in addition to state-mandated prohibitions and appropriate to the local conditions” to be included among the WSCP’s shortage response actions. The City has identified additional mandatory restrictions in Chapter VIII-6 of the City’s Municipal Code. The City intends to update mandatory restrictions and enforcement procedures in a subsequently adopted ordinance which will supersede the existing ordinance.
Additional restrictions to be included in the updated ordinance include prohibiting the use of potable water for irrigating nonfunctional turf at commercial, industrial, and institutional (CII) properties beginning in 2027.
Emergency Response Plan (Hazard Mitigation Plan)
A catastrophic water shortage would be addressed according to the appropriate water shortage level and response actions . It is likely that a catastrophic shortage would immediately trigger Shortage Level 6 and response actions have been put in place to mitigate a catastrophic shortage. In addition, there are several Plans
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 35 that address catastrophic failures and align with the WSCP including the Santa Clara Operational Area Hazard Mitigation Plan and the City of Milpitas Emergency Response Plan.
Santa Clara Operational Area Hazard Mitigation Plan
Santa Clara County, a partnership of local governments within the county, and the City, have developed a hazard mitigation plan to reduce risks from natural disasters in the Santa Clara County Operational Area. As a planning partner of the Santa Clara Operational Area Hazard Mitigation Plan, the City reviewed its recommended actions to classify each action based on the hazard it addresses and the type of mitigation it involves. This planning process used the Community Rating System (CRS) categories of mitig ation activities. The CRS credits programs and activities that are considered to be above and beyond the minimum requirements established by FEMA.
These CRS categories add significantly more detail to the four mitigation categories defined in the Federal Emergency Management Agency (FEMA) 2013 Local Mitigation Handbook. The CRS expanded categories provide a more comprehensive range of alternatives to consider, thus increasing integration opportunities. Additionally, the use of CRS program guidance will enhance the CRS credit potential for this plan, benefiting planning partners who participate in the CRS program. Mitigation types used for this categorization are as follows:
• Prevention—Government, administrative or regulatory actions that influence the way land and buildings are developed to reduce hazard losses. Includes planning and zoning, floodplain laws, capital improvement programs, open space preservation, and stormwater management regulations. • Property Protection—Modification of buildings or structures to protect them from a hazard or removal of structures from a hazard area. Includes acquisition, elevation, relocation, structural retrofit, storm shutters, and shatter-resistant glass.
• Public Education and Awareness —Actions to inform citizens and elected officials about hazards and ways to mitigate them. Includes outreach projects, real estate disclosure, hazard information centers, and school-age and adult education.
• Natural Resource Protection—Actions that minimize hazard loss and preserve or restore the functions of natural systems. Includes sediment and erosion control, stream corridor restoration, watershed management, forest and vegetation management, and wetland restoration and preservation. • Emergency Services—Actions that protect people and property during and immediately after a hazard event. Includes warning systems, emergency response services, and the protection of essential facilities. • Structural Projects—Actions that involve the construction of structures to reduce the impact of a hazard.
Includes dams, setback levees, floodwalls, retaining walls, and safe rooms. • Climate Resilient —Actions that minimize the impacts of climate change via an aquifer storage and recovery system to increase water supply for drought mitigation and a flood diversion and storage project to reduce flood risk.
SFPUC Preparation for Catastrophic Supply Interruption
The SFPUC maintains various planning documents which collectively address its emergency preparedness and planned response in the event of a catastrophic interruption of water supplies due to power outages, earthquakes, or other disasters including Emergency Preparedness Plans , Emergency Drinking Water Planning, and Power Outage P reparedness and Response . Should a catastrophic interruption occur, the City will coordinate with SFPUC for the possible proclamation of a local emergency and emergency mitigation.
City of Milpitas Emergency Response Plan
The City will also refer to its current American Water Infrastructure Act Risk and Resilience Assessment and Emergency Response Plan (ERP) in the event of a catastrophic supply interruption. In compliance with Section 2013 of America’s Water Infrastructure Act (AWIA) of 2018, the City re-certified its ERP on December 11, 2025,
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 36 by the required deadline of June 30, 2026. This ERP contains sensitive infrastructure information and is therefore not included as an appendix or available for public review.
3.5 Seismic Risk Assessment and Mitigation Plan
Per the Water Code Section 10632.5, Suppliers are required to assess seismic risk to water supplies as part of the WSCP. The plan also must include the mitigation plan for the seismic risk(s). Earthquakes are common in California and are recognized as high probability occurrences in many regions across the state.
In 2006, the City developed the City of Milpitas Water System Seismic Improvements Strategic Plan7 to prepare, respond, and recover from the impact of a major earthquake on its water utility. Due to its l ocation in the seismically active San Francisco Bay Area, Milpitas is vulnerable to seismic events on the nearby Calaveras, Hayward, and San Andreas Faults. There is a 14 % chance of an M 6.7 or greater earthquake on the Hayward Fault in the next 30 years (starting from 2014), a 7% chance on the Calaveras fault, and a 6% chance on the San Andreas Fault8. In such an event, the City will experience strong ground shaking, liquefaction in the valley floor, and landslides in the hills. The City expects pipeline displacements of up to 8 inches and 150 water main breaks during a major earthquake.
The City depends on an intact water service to protect public health and safety after a major earthquake, as water is needed for fire protection as well as basic sanitation. Broken pressure mains may also damage transportation routes, hindering emergency response. Because it is infeasibly expensive to seismically upgrade all components of the water infrastructure within a reasonable timeframe, the City developed a multi- component plan to optimize expenditure of its scarce utility funds while building its ability to protect and restore its water services.
Planning included conducting an infrastructure risk assessment to define water system vulnerabilities and consequences of failure. The City’s wholesale suppliers are also developing seismic response plans, so the assessment takes into account expected out- of-service times for supply. The City developed hazard maps for potential rupture zones, landslides, and liquefaction and mapped its water and transportation infrastructure into Geographic Information System (GIS) such that emergency transportation routes are defined and water pipeline networks and nodes are defined. The City assessed its emergency response ability through a resources and needs evaluation for personnel, equipment, and contract supplies and services.
Response preparation includes training to address gaps in personnel skills and preparation of emergency kits for staff and mutual aid personnel. GIS maps are loaded into laptop computers for field personnel and the City’s Emergency Operations Center. The City is stockpiling an inventory of temporary and replacement equipment and expects to eventually acquire over 5,000 feet of flexible hose, deployed from trailer- mounted reels, to allow temporary bypass from fire hydrants around water main breaks.
Seismic improvements are integrated into the City’s development standards such that new and replacement infrastructure is designed and constructed to withstand damage from ground displacement and hydraulic pressure surges caused by fault rupture, landslide s and liquefaction. Standards apply to pipe material, joint design and geometry, fittings, connections, and appurtenances. The incremental cost for these improvements is minor compared the benefits accruing as new infrastructure is built and aging infrastructure is replaced.
Finally, the City has a targeted capital improvement plan to harden critical water infrastructure defined as the “backbone” distribution system. The backbone includes supply turnouts, major pipelines, pump stations, reservoirs, pressure relief valves, and emergency power. This plan includes 31 projects to anchor aboveground
7 City of Milpitas Water System Seismic Improvements Strategic Plan 8 Santa Clara County Local Hazard Mitigation Plan, Vol. 1, 2023.
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 37 reservoirs, install flexible joints at rigid connection and fault crossings, install isolation valves, and upgrade pipe materials.9
Since the City purchases a portion of its water from the SFPUC, it is highly dependent on the SFPUC RWS infrastructure reliability. The SFPUC conveyance system crosses five major faults and the majority (about 85 percent) travels 167 miles through pipelines and tunnels from the Hetch-Hetchy watershed in the Sierra Nevada Mountains. SFPUC also has four major storage facilities and distribution lines in the San Francisco Bay Area. Both the regional and San Francisco Bay Area parts of the SFPUC system are vuln erable to seismic events. However, the SFPUC’s nearly completed Water System Improvement Program (WSIP) provides improvements in reliability for water delivery and supply through the SFPUC RWS. The SFPUC’s 2025 10-Year Capital Improvement Program (CIP) includes various projects to enhance reliability of the SFPUC RWS.10 The City’s seismic risk assessment for its system is part of the Santa Clara Multijurisdictional Hazard Mitigation Plan (Santa Clara Multijurisdictional Hazard Mitigation Plan, Volume 1, Section 7, 2023) that is required under the federal Disaster Mitigation Act of 2000 (Public Law 106 -390). The Santa Clara Multijurisdictional Hazard Mitigation Plan11 Volume 1 and Volume 2 are available online. As required, the City also has an American Water Infrastructure Act Risk and Resilience Assessment and Emergency Response Plan that describes strategies, resources, plans, and procedures utilities can use to prepare for and respond to an incident, natural or man- made, that threatens life, property, or the environment.
Shortage Response Action Effectiveness
For each specific Shortage Response Action identified in the plan, the WSCP also estimates the extent to which that action will reduce the gap between supplies and demands identified in Table 3-3. To the extent feasible, City has estimated percentage savings for the chosen suite of shortage response actions, which can be anticipated to deliver the expected outcomes necessary to meet the requirements of a given shortage level.
3.6 Communication Protocols
Timely and effective communication is a key element of the WSCP implementation. Per the Water Code Section 10632 (a)(5), the City has established communication protocols and procedures to inform customers, the public, interested parties, and local, regional, and state governments regarding any current or predicted shortages as determined by the Annual Assessment described pursuant to Section 10632.1; any shortage response actions triggered or anticipated to be triggered by the Annual Assessment described pursuant to Section 10632.1; and any other relevant communications. The City’s Water Shortage Communication Plan is documented in Appendix B.
3.7 Compliance and Enforcement
Per the Water Code Section 10632 (a)(6), the City has defined customer compliance, enforcement, appeal, and exemption procedures for triggered shortage response actions. Communication procedures to ensure customer compliance are described in Section 3.5 and customer enforcement, appeal, and exemption procedures are defined in the City’s Municipal Code (Appendix A). The City intends to update as needed
9 City of Milpitas Strategic Plan to Protect and Restore Water Utility Service in the Event of a Magnitude 7 Earthquake on the Hayward Fault.
10 SFPUC 2025 10-Year Capital Improvement Program, adopted February 13, 2024.https://www.sfpuc.gov/sites/default/files/about-us/policies-reports/FY25-34_Capital_Plan_Report_AttB.pdf f 11 Santa Clara County Local Hazard Mitigation Plan, 2023:
https://www.paloalto.gov/files/assets/public/v/1/oes/plans/final_vol -ii-santa-clara-mjhmp_city-of-palo-alto-annex-1.pdf
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 38 existing enforcement procedures in a subsequently adopted ordinance which will supersede the existing ordinance.
3.8 Legal Authorities
Per Water Code Section 10632 (a)(7)(A), the City of Milpitas has provided a description of the legal authorities that empower the City to implement and enforce its shortage response in Chapter VIII-6 of the City’s Municipal Code (Appendix A). The City intends to update as needed existing enforcement procedures in a subsequently adopted ordinance which will supersede the existing ordinance.
Per Water Code Section 10632 (a)(7) (B), the City shall declare a water shortage emergency condition to prevail within the area served by such wholesaler whenever it finds and determines that the ordinary demands and requirements of water consumers cannot be satisfied without depleting the water supply o f the distributor to the extent that there would be insufficient water for human consumption, sanitation, and fire protection.
Per Water Code Section 10632 (a)(7)(C), the City 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).
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 39 Table 3-4 identifies the contacts for all cities or counties for which the City provides service in the WSCP, along with developed coordination protocols . These contacts are expected to 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 3-4. Agency Contacts and Coordination Protocols
Contact Agency Coordination Protocols
City Manager City of Milpitas Email/call
City Council City of Milpitas Meeting/Memo
Santa Clara County Emergency
Operations Coordinator
Santa Clara County Department
of Public Health Email/call
Director of Operations San Jose Water Email/call
Engineering Supervisor Alameda County Water District Email/call Water Systems Operations
Manager San Jose Municipal Water Email/call
3.9 Financial Consequences of WSCP
Per Water Code Section 10632(a)(8), Suppliers must include a description of the overall anticipated financial consequences to the Supplier of implementing the WSCP. This description must include potential reductions in revenue and increased expenses associated with implementation of the shortage response actions. This should be coupled with an identification of the anticipated mitigation actions needed to address these financial impacts.
Water shortage mitigation actions will impact revenues and require additional costs for drought response activities such as increased staff costs for tracking, reporting, and communications. The following measures can be implemented by the City to overcome each reduction in water sales scenario outlined above depending on anticipated short-term and long-term financial impacts. • The City can defer non-mission critical capital improvement projects and reallocate the funds to cover the cost of operations and critical maintenance, and/or; • The City Manager can recommend the City Council declare a water shortage and implement the City ’s Water Shortage Contingency Plan. Depending on the severity of the shortage and impact on revenue, the City Council may choose to increase water rates, and/or implement a drought response surcharge, by an amount necessary as determined by the City Council. The subsequent rate increases enacted will remain in effect until such time the City Council declares a water shortage no longer exists; and/or; • The City Manager can recommend alternative measures to the City Council, to the extent of which will be determined by a rates analysis.
3.10 Monitoring and Reporting
Per Water Code Section 10632(a)(9), the City is required to provide a description of the monitoring and reporting requirements and procedures that have been implemented to ensure appropriate data is collected, tracked, and analyzed for purposes of monitoring customer compliance and to meet state reporting requirements.
Monitoring and reporting key water use metrics is fundamental to water supply planning and management.
Monitoring is also essential in times of water shortage to ensure that the response actions are achieving the
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 40 intended water use reduction purposes, or if improvements or new actions need to be considered (see Section
3.10). Monitoring for customer compliance tracking is also useful in enforcement actions.
Under normal water supply conditions, potable water production figures are provided monthly by SFPUC and Valley Water. The City records the production volumes and generates water use reports that are submitted to the state monthly. This data will be used to measure the effectiveness of any water shortage contingency level that may be implemented. In addition, the City was fully equipped with Automated Meter Infrastructure (AMI) by 2024 and has been able to further refine water use measurement resolution. As levels of water shortage are declared according to the WSCP, the City will follow implementation of those levels as appropriate and continue to monitor water demand levels. The City will participate in monthly member agency manager meetings with BAWSCA and Valley Water to monitor and discuss monthly water allocation charts. This will enable the City to be aware of water use on a timely basis as a result of specific actions taken responding to the City’s Water Shortage Contingency Plan.
3.11 WSCP Refinement Procedures
Per Water Code Section 10632 (a)(10), the City must provide reevaluation and improvement procedures for systematically monitoring and evaluating the functionality of the water shortage contingency plan in order to ensure sho rtage risk tolerance is adequate and appropriate water shortage mitigation strategies are implemented as needed.
The City’s WSCP is prepared and implemented as an adaptive management plan. The City will use the monitoring and reporting process defined in Section 3.10 to refine the WSCP. In addition, if certain procedural refinements or new actions are identified by City staff, or suggested by customers or other interested parties, the City will evaluate the action effectiveness, incorporate changes into the WSCP, and implement them quickly at the appropriate water shortage level.
It is envisioned that the WSCP will be periodically re -evaluated to ensure that its shortage risk tolerance is adequate, and the shortage response actions are effective and up to date based on lessons learned from implementing the WSCP. The WSCP will be revised and updated during the UWMP update cycle to incorporate updated and new information. For example, new supply augmen tation actions will be added, and actions that are no longer applicable for reasons such as program expiration will be removed. However, if revisions to the WSCP are warranted before the UWMP is updated, the WSCP will be updated outside of the UWMP update cycle. In the course of preparing the Annual Assessment each year, City staff will routinely consider the functionality the overall WSCP and will prepare recommendations for City Council if changes are found to be needed.
3.12 Special Water Feature Distinction
Per Water Code Section 10632 (b), the City has defined water features in that are artificially supplied with water, including ponds, lakes, waterfalls, and fountains, separately from swimming pools and spas, as defined in subdivision (a) of Section 115921 of the Health and Safety Code, in Prevention of Water Waste Ordinance 240.7 (Appendix A). The City intends to update as needed existing enforcement procedures in a subsequently adopted ordinance which will supersede the existing ordinance.
3.13 Plan Adoption, Submittal and Availability
Per Water Code Section 10632 (a)(c), City provided notice of the availability of the draft 2025 UWMP and draft 2025 WSCP and notice of the public hearing to consider adoption of the WSCP. The public review drafts of the 2025 UWMP and the 2025 WSCP were posted prominently on City website, https://www.milpitas.gov/752/Urban-Water-Management-Plan on May 22, 2026, more than 14 days in advance of the public hearing on June 9, 2026. Public hearing notifications were published in local newspapers.
A copy of the published Notice of Public Hearing is included in Appendix C.
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 41 The City held the public hearing for the draft 202 5 UWMP and draft WSCP at its June 9, 2026 City Council meeting. The City Council reviewed and approved the 2025 UWMP and the WSCP after the public hearing. See Appendix D for the resolution approving the WSCP.
By July 1, 2026, the City’s adopted 2025 UWMP and WSCP w ere filed with DWR, California State Library, and Santa Clara County. The City will make the WSCP available for public review on its website no later than 30 days after filing with DWR.
Based on DWR’s review of the WSCP, the City will make any amendments to its adopted WSCP, as required and directed by DWR.
If the City revises its WSCP after UWMP is approved by DWR, then an electronic copy of the revised WSCP will be submitted to DWR within 30 days of its adoption.
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 42 4 REFERENCES
All links below were accessed in May 2026 unless otherwise indicated.
Ascent Environmental and Kearns & West. (2022). Climate Action Plan Update. Prepared for the City of Milpitas. https://www.milpitas.gov/DocumentCenter/View/892/Climate-Action-Plan-Update---May-2022-PDF Ascent Environmental. (2025). Draft Gateway-Main Street Specific Plan. Prepared for the City of Milpitas. https://www.milpitasmainstreet.org/documents
Bay Area Water Supply & Conservation Agency (BAWSCA). (2026). BAWSCA Common Language, March 25, 2026.
Bay Area Water Supply and Conservation Agency (BAWSCA). (2025). Regional Water Demand and Conservation Projections Study. Completed December 8, 2025. https://bawsca.org/water/use/2025_Demand_Study City of Milpitas. (2012). City of Milpitas Emergency Operations Plan. https://www.milpitas.gov/DocumentCenter/View/1406/City-of-Milpitas-Emergency-Operations-Plan-PDF City of Milpitas. (2025). Annual Water Loss Audit. Completed, validated, and submitted December 2025.
City of Milpitas. (2026). Draft 2025 Urban Water Management Plan, pending completion July 2026. https://www.milpitas.gov/DocumentCenter/View/9804/Milpitas-2025-Urban-Water-Management-Plan City of Milpitas. (n.d.). Strategic Plan to Protect and Restore Water Utility Service in the Event of a Magnitude 7 Earthquake on the Hayward Fault.
County of Santa Clara Office of Emergency Management. (2024). Federal Emergency Management Agency- De Novo Planning Group. (2021). 2040 General Plan.
https://www.milpitas.gov/DocumentCenter/View/8465/Milpitas-General-Plan_Final_online-version_8-20-25 PMC, City of Milpitas. (2013). City of Milpitas Climate Action Plan. Adopted May 7, 2013. https://www.milpitas.gov/313/Climate-Action-PlanSanta Clara County. (2021).
Santa Clara County Multi-Jurisdictional Hazard Mitigation Plan, Volume 1. https://www.milpitas.gov/DocumentCenter/View/7348/Volume-1-Santa-Clara-County- Santa Clara County. (2021). Santa Clara County Multi-Jurisdictional Hazard Mitigation Plan, Volume 2: City of Milpitas Annex. https://www.milpitas.gov/DocumentCenter/View/7349/Volume-2-City-of-Milpitas-Annex San Francisco Public Utilities Commission (SFPUC). (2024). FY 2024–25 to FY 2033–34 10-Year Capital Improvement Plan. Adopted February 13, 2024. https://www.sfpuc.gov/sites/default/files/about-us/policies- reports/FY25-34_Capital_Plan_Report_AttB.pdf
San Francisco Public Utilities Commission (SFPUC). (2026). Draft 2025 Urban Water Management Plan. https://www.sfpuc.gov/sites/default/files/documents/2025-UWMP-Public-Draft.pdf San Francisco Public Utilities Commission (SFPUC). (2026). Draft 2025 Water Shortage Contingency Plan. https://www.sfpuc.gov/about-us/policies-plans/urban-water-management-plan Urban Field Studio. (2023). Metro Specific Plan. City of Milpitas. Adopted February 7, 2023. https://www.milpitas.gov/874/Master-Plans-Reports
Valley Water. (2021). 2021 Groundwater Management Plan for the Santa Clara and Llagas Subbasins. https://s3.us-west-1.amazonaws.com/valleywater.org.us-west-1/s3fs-public/2021_GWMP.pdf Valley Water. (2026). Draft 2025 Urban Water Management Plan. https://www.valleywater.org/your- water/water-supply-planning/urban-water-management-plan
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 43 Valley Water. (2026). Draft 2025 Water Shortage Contingency Plan. https://www.valleywater.org/your- water/water-supply-planning/urban-water-management-plan West Yost. (2022). Water Master Plan. Prepared for the City of Milpitas. https://www.milpitas.gov/DocumentCenter/View/1154/Water-Master-Plan---2020-PDF
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 44 APPENDIX A – CITY OF MILPITAS MUNICIPAL CODE
ORDINAN CE NO. 240. 7
Below is the weblink to the current ordinance:
https://library.municode.com/ca/milpitas/ordinances/code_of_ordinances?nodeId=1101518
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 45 APPENDIX B – COMMUNICATION PROCEDURES
Public communication is an ongoing activity where the purpose, audience, message, tools, and channels may change at any given moment. In the context of water shortage response, the purpose may be an immediate emergency water shortage situation, such as may result from an earthquake, or a longer- term emergency shortage condition, such as may result from a drought. In a catastrophic emergency under crisis conditions, the City will activate the communication protocol detailed in the City of Milpitas American Water Infrastructure Act Risk and Resilience Assessment and Emergency Response Plan (ERP). In a longer-term water shortage situation, the City will implement the procedures identified in this Communication Plan.
Timely and effective communication is a key element of the WSCP implementation. Per Water Code Section 10632 (a)(5), the City has established communication protocols and procedures to inform stakeholders regarding any current or predicted shortages as determined by the annual water supply and demand assessment described pursuant to Section 10632.1; any shortage response actions triggered or anticipated to be triggered by the annual water supply and demand assessment described pursuant to Section 10632.1; an d any other relevant communications.
B.1 Emergency Response Plan Communication
The ERP defines the actions to be taken by the City staff to reduce the loss of water and wastewater infrastructure; to respond effectively to a disaster; and to coordinate recovery operations in the aftermath of any emergency involving extensive damage to local and regional water and wastewater utilities. The ERP includes activation notification protocols that will be used to contact partner agencies to inform them of the situation, activation status of the ERP, known damage or impacts, or resource needs. The ERP is a standalone document that is reviewed annually and updated every 5 years. Refer to the ERP for full details.
B.2 Water Shortage Communication Plan
The Water Shortage Communication Plan serves as the baseline understanding for how the City will provide information and value to its various stakeholders, partners, and employees during normal conditions where water efficiency is an everyday goal for water supply reliability. In times of water shortage, this Communications Plan can be enhanced for the purposes of a Water Shortage Communication Plan. The Public Works Department works to elevate public awareness and participation in water efficiency so, in the event of a water shortage, the community is aware of the importance of response actions and can identify as an active participant in the City demand reduction target levels. The Communications Plan is designed to provide transparent, reliable, and accurate information to the public and collaborating agencies by identifying goals and objectives for each shortage level and outlining the appropriate communication interface tools and implementation schedule to for effective communication to assist customers with curtailing their water use.
B.2.1 Goals & Objectives
The goal of the City’s Water Shortage Communication Plan is to create a local awareness of water shortage conditions and to encourage water efficiency from all residents. The Water Shortage Communication Plan objectives further refine the focus of the program goal to achieve a d esired outcome at shortage level. As a water shortage condition escalates, the objectives of the Communication Plan also escalate to ensure progress toward water supply reliability. The defined objectives for each Water Shortage lev el will determine the information that is communicated at each level.
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 46
B.2.2 Target Audiences
The City reviewed its water demand and customer class profile to develop a communication plan to be the most effective with its unique customer profile and water demands. Based on the 2030 projections, the City s ingle family water use is expected to account for approximately 22.6% of the total water demand. Commercial, industrial, and institution water use is projected to account for about 26.9% of total demand. Multifamily and landscape use are projected to account for 21.4% and 8.7% of total demand, respectively based on recent trends.
By understanding the local customer and water use profile, the City can implement a Water Shortage Communication Plan that leverages the appropriate communications tools to reach the target audience most effectively during a water shortage.
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 47 The City further refined its customer categories to identify the following target audiences for communication:
• City staff
• Homeowners and renters
• Business owners
• Local Industries
• Property owners and managers
• School district administrators and teachers
• Elected officials and staff
• Environmental/public interest groups
• General Public
• Local Media
• Homeowners Associations
• Golf Courses
B.2.3 Communications Interfaces and Tools
The City will work closely with its customers and wholesalers during a normal and water shortage condition; the City will utilize a comprehensive set of communication interface tools to engage water customers. The interface options and tools include:
• Water bill communications
• Website information on the City’s water conservation page (https://www.milpitas.gov/935/Water-Conservation) and the City’s homepage (https://www.milpitas.gov/)
• Social media outreach
• Media coverage (print and electronic)
• Publications and handouts
• Customer portal communication
• Presence at local events
• Mayor Public Service Announcements
• Direct mailings to homes and businesses
• School education programs
• Residential Water-Efficient Landscape classes
B.2.4 Communication Tactics and Implementation Schedule The City understands its responsibility to be transparent, accountable, have a positive impact on the community, and provide actionable guidance in times of water shortage. Carefully developed and executed communication tactics and implementation schedule will establish trust and credibility for all stakeholders by clearly communicating expectations and responsibilities. Below is a description of the Water Shortage Communication Plan Tactics. These tactics will be implemented according to the schedule and objectives defined in Table B-1.
This Water Shortage Communication Plan is designed to have a standard set of tactics systematically align to the current Water Shortage Level. For example, information that may be educational during Shortage Level 0 will shift to specific status information and shortage level response action requirements, as defined in Section 3.4.1 of the WSCP and Table 3 -3 (DWR Submittal Table 8-3), as water shortage levels increase from 1 to 6. In Shortage Level 0, shortage communication will include a general overview o f water
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 48 efficiency and water shortage levels so, in the event of a water shortage, the understanding and response requirements are familiar. As the Water Shortage Levels increase, messaging will align with specific shortage level response requirements and objectives.
Website
• The City website: Provide water efficiency information and resources on the City website including water shortage level status.
• Water Shortage Indicator: develop a permanent image on the webpage that identifies water shortage level status. Image will be updated promptly when status level changes and will link to additional shortage level information.
• Promote Valley Water’s watersavings.org website: Provide information and link directing viewers to Valley Water’s Rebate programs that the City cost-shares on.
Social Media
• Facebook/NextDoor/Instagram: post water efficiency information and shortage level status on the City’s pages. This may include unique City content or reposting of regional messages and images.
• X (formerly Twitter): Post water efficiency information and water shortage level status on the City’s account. This may include unique City content or reposting of regional messages and images.
Digital and Print Media
• Flyers/Signage/Brochures: Create and provide informational materials on water efficiency actions, local/regional water resource awareness, and water shortage level status. • Consumer Confidence Reports (CCRs): provide a conservation reminder in CCR along with conservation tips.
Media Relations
• News stories/News Releases Newsletters: Provide news releases with information regarding water shortage level and expected trends.
• Briefing papers/Talking points: Provide briefing papers to local media outlets such as newspapers, magazines, and other publications. This may also include social media posts and infographics.
Community Outreach
• Public Events: Promote water efficiency and water awareness at local events such as festivals, farmers market, community organizations, and other events. • Promotional giveaways: Provide promotional water efficiency devices or messaging materials (i.e. hats, stickers, mugs, etc.) promoting water efficiency and response.
Educational Outreach
• School Programs: Provide water resource and efficiency presentations for local schools, including information and response to water shortage levels.
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 49 • Residential Water Efficiency Educational Classes: Provide educational classes to community on topics such as finding and fixing leaks, irrigation program scheduling, waterwise vegetation, etc. • Non-residential water efficiency training classes/programs: Promote regional QWEL and Green Gardener trainings for local irrigation and plumbing professionals on water efficient practices and water shortage level requirements.
Water Efficiency Programs
• Rebate/Incentive Programs: Promote regional rebate and incentive programs for local water users. Messaging frequency increased as the shortage levels increase. • Turf Removal: Promote regional rebate and incentive programs for local water users. Messaging frequency increased as the shortage levels increase.
• Water Surveys – Commercial: Promote regional rebate and incentive programs for local water users. Messaging frequency increased as the shortage levels increase. • Water Surveys –
Residential: Promote
regional rebate and
incentive programs for
local water users.
Messaging frequency
increased as the shortage
levels increase.
Direct Customer Communication
• Billing Inserts: Include
billing inserts in water
utility billings including
water shortage level
status and response
actions.
• Water Use notifications:
Include a comparison of
actual water use and
information regarding
penalties.
• Neighborhood Canvasing:
the City staff and/or
representatives will
canvas neighborhoods to
educate residents of
water shortage status and response action requirements.
Partnerships/Regional Initiatives
• SFPUC/BAWSCA/Valley Water: Utilize regional messaging programs, messages, and resources to communicate with local water users.
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 50 • Coordinate messaging with other member agencies and public partnerships.
B.3 Monitor, Evaluate, and Amend
The effectiveness of the City’s Communication Plan depends on a large variety of factors including technological advancements or changes, the rise and fall of audience engagement, current news or media concentration, political changes in leadership and foc us, and the weather. The Communication Plan will be evaluated for effectiveness and updated accordingly based on available metrics and stakeholder feedback.
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 51 Table B-0-1. Water Shortage Communication Plan Implementation Schedule Water Shortage Level 0 1 2 3 4 5 6
Goal Create an awareness of water shortage level status and encourage water efficiency from all citizens.
Objective
Permanent
Water Waste
Prohibitions,
Water
Awareness
Compliance
with response
actions, 10%
reduction in
water use
Compliance
with response
actions, 20%
reduction in
water use
Compliance
with response
actions, 30%
reduction in
water use
Compliance
with response
actions, 40%
reduction in
water use
Compliance
with response
actions, 50%
reduction in
water use
Compliance with
response actions,
Essential Water
Use only
Outreach Strategies
1) City Website
2) Written and Print Media
3) Social Media
4) Community Outreach
5) Educational Outreach
6) Direct communication with high water users
7) Communication with commercial/industrial water users 8) City Water Efficiency Programs
9) Water Use Communications
10) Partnerships/Regional Initiatives
Tactics
Website
City Website X X X X X X X
Water Shortage Indicator X X X X X X
Social Media
Facebook X X X X X X X
Instagram X X X X X X
X (formerly Twitter) X X X X X X X
Digital and Print Media
Flyers/Signage/Brochures X X X X X X X
Consumer Confidence
Reports (CCRs) X X X X X X
Media Relations
News Stories/News
Releases/Newsletters X X X X X X
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 52 Water Shortage Level 0 1 2 3 4 5 6
Community Outreach
Public Events X X X X X X X
Promotional Giveaways X X X X X X X
Educational Outreach
School Programs X X X X X X X
Residential Water Efficiency
Educational Classes X X X X X X X
Water Efficiency Programs
Rebate/Incentive Programs X X X X X X X
Turf Removal X X X X X X X
Water Surveys X X X X X X X
California Friendly
Landscaping Classes X X X X X X X
Direct Customer Communication
Billing Inserts X X X X X X
Water Use Notifications X X X X X X X
Neighborhood Canvasing X X X X X
Partnerships/Regional Initiatives X X X X X X X
Message Frequency
Ongoing,
regular
messaging
Frequency escalates depending on water shortage level and/or financial budget.
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 53 APPENDIX C – NOTICE OF PUBLIC HEARING
City of Milpitas 2025 Water Shortage Contingency Plan DRAFT 54 APPENDI X D – ADOPTION RESOLUTION
Documentation pending. It will be included in the Final Draft of this 2025 UWMP.
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS ADOPTING THE 2025 WATER SHORTAGE CONTINGENCY PLAN
WHEREAS, the Urban Water Management Planning Act, as codified in Section 10610 of the California Water Code passed by the California legislation in 1983, requires urban water suppliers providing water for municipal purposes to more than 3,000 customers or supplying more than 3000 acre-feet of water annually to prepare and adopt, in accordance with prescribed requirements, a water shortage contingency plan; and
WHEREAS, in 1991, the State of California added requirements to include a Water Shortage Contingency Plan as part of the Urban Water Management Plan to outline the urban water supplier’s response and plan for changes or shortages in water supplies; and
WHEREAS, as part of the 2020 Urban Water Management Plan, the City expanded its Water Shortage Contingency Plan to be a standalone document to establish actions and procedures for managing water shortages; and
WHEREAS, the goal of developing the Water Shortage Contingency Plan is to prepare in advance a response for various water shortage conditions. The said Plan defines City actions to address six stages of drought causing up to a 50 percent water shortage and catastrophic supply interruptions from power outage, earthquakes, or other disasters; and;
WHEREAS, the Water Shortage Contingency Plan describes the procedures for conducting an Annual Water Supply and Demand Assessment that is required by California Water Code Section 10632.1 and is to be submitted to the California Department of Water Resources on or before July 1 of each year, or within 14 days of receiving final allocations from the State Water Project, whichever is later; and
WHEREAS, the City prepared the draft 2025 Water Shortage Contingency Plan in coordination with other appropriate agencies, including other suppliers sharing common sources, regional water management agencies, and relevant public agencies, to the extent practicable; and
WHEREAS, the City has provided notice to the public of its intent to adopt the 2025 Water Shortage Contingency Plan, has made the draft plan available for public review, and has encouraged the public to provide comment; and
WHEREAS, the City properly noticed and held a public hearing on June 9, 2026, prior to adoption of said Plan for the purpose of allowing community comment regarding the City’s Water Shortage Contingency Plan.
NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:
1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
2. The Council finds and determines that, under California Water Code Section 10652, the adoption of the Plan and this resolution do not constitute a project under the California Environmental Quality Act, and no environmental assessment is required. The Council further finds and determins that this action is categorically exempt under CEQA Guidelines Section 15308 as this action, as authorized by state and local law, is to assure the maintenance, restoration, enhancement, or
2 Resolution No. xxxx
protection of the environment and the regulatory process herein involves procedures for protection of the environment.
3. The 2025 Water Shortage Contingency Plan is hereby adopted and ordered filed with the City Clerk.
4. The City Manager, or his designee, is hereby authorized and directed to file the Plan with the California Department of Water Resources within 30 days after this date.
PASSED AND ADOPTED this _______ day of ________, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
Christian M. Curtis, City Attorney
Ordinance No. 240.8
1 REGULAR
NUMBER: 240.8
TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MILPITAS AMENDING CHAPTER 6 OF TITLE VIII OF THE MILPITAS MUNICIPAL
CODE RELATING TO THE WATER SHORTAGE CONTINGENCY PLAN AND
PERMANENT WATER WASTE RESTRICTIONS INCLUDING A BAN ON
WATERING OF NONFUNCTIONAL TURF
HISTORY: This Ordinance was introduced (first reading) by the City Council at its meeting of ____________________, upon motion by_________________________ and was adopted (second reading) by the City Council at its meeting of _______________, upon motion by ____________________________. The Ordinance was duly passed and ordered published in accordance with law by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
________________________________ __________________________ Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
________________________________
Christian M. Curtis, City Attorney
Ordinance No. 240.8
2 RECITALS AND FINDINGS:
WHEREAS, including as authorized by California Water Code section 375, the City of Milpitas has the authority to adopt and enforce a water conservation program to reduce the quantity of water used by persons within its jurisdiction for the purpose of conserving the water supplies of the City; and
WHEREAS, pursuant to California Water Code section 376, a water conservation program adopted pursuant to California Water Code section 375 may be adopted by a resolution or an ordinance, and such resolution or ordinance is effective upon its adoption; and
WHEREAS, on January 17, 2014, Governor Brown issued a Proclamation declaring a State of Emergency due to severe drought conditions in the State of California; and
WHEREAS, on August 19, 2014, the Milpitas City Council adopted Urgency Ordinance No. 240.2, declaring a water shortage, adding supplemental water use restrictions to the Water Shortage Contingency Plan (“WSCP”) as required by State law, and requested the community to implement water conservation measures with a goal of reducing consumption by twenty percent (20%); and
WHEREAS, on June 16, 2015, the Milpitas City Council adopted Urgency Ordinance 240.3, declaring the continuation of a water shortage, implemented Stage 2 of the Milpitas WSCP, and added additional conservation measures as required by State law, and requiring the community to implement water conservation measures with a goal of reducing consumption by thirty percent (30%); and
WHEREAS, as a result of increasing water supplies in many parts of the State, on May 9, 2016, Governor Brown issued Executive Order B-37-16, directing the State Water Resources Control Board to adjust and extend the emergency regulations for urban water conservation through the end of January 2017; and
WHEREAS, in response to the Governor’s directive, the State Water Resources Control Board adopted new emergency regulations, which continued a statewide conservation approach while replacing the prior percentage reduction-based water conservation standard with a localized approach that requires urban water suppliers to adopt a locally-developed conservation standard based on each supplier’s specific circumstances; and
WHEREAS, on August 16, 2016, the Milpitas City Council adopted Ordinance No. 240.5, declaring the continuation of a water shortage for the year 2016, implemented Stage One of the WSCP, modified the supplemental water use restrictions, and requested the community to implement water conservation measures with a goal of reducing consumption by twenty percent (20%); and
WHEREAS, on April 7, 2017, Governor Brown issued Executive Order B-40-17, terminating the January 17, 2014 drought State of Emergency for most counties in California, including Santa Clara County and directed the State Water Resources Control Board to rescind the water supply stress test for urban water suppliers as well as any remaining mandatory conservation standards, but to maintain urban water use reporting requirements and prohibitions on wasteful practices such as watering during or after rainfall, hosing off sidewalks, and irrigating ornamental turf on public street medians; and
WHEREAS, on June 20, 2017, the Milpitas City Council adopted Ordinance No. 240.6, declaring the termination of Stage Two of the WSCP and implemented a ten percent (10%) voluntary call for conservation; and
Ordinance No. 240.8
3 WHEREAS, following the end of the drought, the California Legislature modified the Urban Water Management Planning Act in 2018 to include additional water shortage planning requirements.
California Water Code has significant updates specifically to Code Section 10632 that now mandates new elements to Urban Water Management Plans and Water Shortage Contingency Plans, including an annual drought risk assessment, standard water shortage levels and statewide water use prohibitions; and
WHEREAS, on June 9, 2021, the Santa Clara Valley Water District (Valley Water) Board of Directors adopted a resolution calling for mandatory water use reductions; and
WHEREAS, on June 15, 2021, the Milpitas City Council adopted Resolution No. 9086, “A resolution adopting the 2020 Urban Water Management Plan (‘UWMP’)”, which includes water conservation as a necessary and effective component of the City’s programs to provide a reliable supply of water to meet the needs of its customers; and
WHEREAS, on June 15, 2021, the Milpitas City Council adopted Resolution No. 9087, “A resolution adopting the 2020 Water Shortage Contingency Plan (‘WSCP’),” establishes standards and procedures to enable implementation and enforcement of local water shortage contingency measures and water shortage levels. These measures align with California Water Code Sections 353 and 375, and.
WHEREAS, on July 8, 2021 the Governor issued Executive Order N-10-21 declaring a State of Emergency due to drought conditions; and
WHEREAS, the City conducts an Annual Water Supply and Demand Assessment pursuant to California Water Code 10632 and, on or before July 1 of each year, beginning in 2022, submits an annual water shortage assessment report to the California Department of Water Resources with information for anticipated shortage, triggered shortage response actions, compliance and enforcement actions, and communication actions consistent with the City’s WSCP; and
WHEREAS, on August 5, 2021, the Milpitas City Council adopted Ordinance No, 240.7 to amend Chapter 6 of Title VIII in the Milpitas Municipal Code relating to the Water Shortage Contingency plan, and to declare a Level 2 Water Shortage, in line with conservation calls from Valley Water, San Francisco Public Utilities Commission, and the State; and
WHEREAS, on October 19, 2021, Governor Newsom issued a proclamation for a statewide drought emergency and directed the State Water Resource Control Board to adopt emergency regulations to prohibit certain wasteful uses of water; and
WHEREAS, on November 23, 2021, the San Francisco Public Utilities Commission declared a water shortage emergency and called for a voluntary 10% water use reduction; and
WHEREAS, on January 4, 2022, in response to the Governor’s directive, the State Water Resources Control Board adopted new emergency regulations, which prohibits certain wasteful water use practices, such as the use of decorative water fountains, using irrigation systems during and within 48 hours of rain, and using water to clean sidewalks and driveways, among others; and
WHEREAS, on March 28, 2022, Governor Newsom issued Executive Order N-7-22, directing the State Water Resources Control Board to adopt regulations requiring urban water retail suppliers that have submitted a water shortage contingency plan to implement, at a minimum, shortage response actions for Level 2 Water Shortage. The Executive Order also directs the State Water Board to adopt regulations that prohibit the irrigation of strictly ornamental turf areas for the commercial, industrial, and institutional sectors; and
Ordinance No. 240.8
4 WHEREAS, on May 24, 2022, the State Water Resources Control Board adopted an emergency regulation that requires urban water retailers to implement Level 2 Water Shortage Contingency Plan actions and to prohibit the watering of “nonfunctional turf” (that is, turf that is strictly ornamental and does not serve human recreational purposes) using potable water, except to ensure the health of trees and perennial non-turf plantings, effective on June 10, 2022; and
WHEREAS, on September 22, 2022, Valley Water adopted Ordinance No. 22-02 to establish mandatory outdoor water conservation measures with corresponding enforcement measures as part of a mandatory outdoor water conversation program, for all property owners in Santa Clara County who receive potable water supplied or managed by Valley Water, which includes watering restrictions of nonfunctional turf; and
WHEREAS, on December 7, 2022, the State Water Resources Control Board readopted the emergency drought regulations from January 4, 2022, which prohibit wasteful uses of water; and
WHEREAS, on March 24, 2023, Governor Newsom issued Executive Order N-5-23, which terminated the state’s 15% voluntary water conservation goal and the requirement that local agencies implement Level 2 Water Shortage actions, while maintaining the requirement to enforce the prohibition of wasteful water use practices and retaining the state of emergency to allow for the continuation of drought response activities and support for regions still experiencing drought and water shortage conditions; and
WHEREAS, on April 11, 2023, the San Francisco Public Utilities Commission voted to rescind its November 2021 water shortage emergency declaration, while keeping its 11% voluntary water conservation target to remain consistent with the State Water Resource Control Board’s regulation requiring urban water agencies to implement Level 2 Water Shortage Contingency Plan actions; and
WHEREAS, on April 12, 2023, Valley Water’s Board of Directors voted to rescind its water shortage emergency declaration and the mandatory call of 15% water use reduction, while maintaining the ban on wasteful water use practices and switching to a voluntary 15% water conservation goal. The Board of Directors directed Valley Water to provide recommendations for additional actions to continue promoting water conservation as a way of life; and
WHEREAS, on May 16, 2023, the Milpitas City Council adopted Resolution No.9246 to terminate the Level 2 Water Shortage declared on August 5, 2021 and revert to a Level 0 Water Shortage, which includes enforcement of permanent water waste restrictions that promote water conservation as a “Milpitas Way of Life”; and
WHEREAS, on October 13, 2023, Governor Newsom signed Assembly Bill 1572, which prohibits the use of potable water for the irrigation of nonfunctional turf located on commercial, industrial, and institutional properties, and on properties of homeowners’ associations, common interest developments, and community service organizations or similar entities; other than cemeteries. The bill authorizes a public water system, city, county, or city and county to enforce these provisions in phases, as defined; and
WHEREAS, for the protection of the public health, safety, and welfare, including to protect against critical water shortages and the disastrous consequences thereby to the necessary and basic human needs of the population, sanitation, and fire protection, the Milpitas City Council wishes to adopt the water conservation practices contained herein; and
Ordinance No. 240.8
5 WHEREAS, in accordance with California Water Code section 375 et seq., and the laws and regulations cited above, the City complied with the notice, publication and/or posting requirements for the Ordinance as specified by state law.
NOW, THEREFORE, the City Council of the City of Milpitas does ordain as follows:
SECTION 1. RECORD AND BASIS FOR ACTION
The City Council has duly considered the full record before it, which may include but is not limited to such things as the City staff report, testimony by staff and the public, and other materials and evidence submitted or provided to the City Council. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
SECTION 2. ADDITIONAL FINDINGS
The City Council finds that pursuant to California Water Code section 375, et seq,, due to the persistent and unpredictable water conditions in the State, statutory requirements for water planning, and the declared policy of the State, it is necessary and appropriate for the City to adopt, implement, and enforce a water conservation program with stages of water shortage restrictions, including emergency stages, to reduce the quantity of water used by consumers within the City, to preserve water supplies, to prevent the waste or unreasonable use or unreasonable method of use of water, and to ensure that there is sufficient water for human consumption, sanitation, and fire protection.
SECTION 3. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE VIII, CHAPTER 6, SECTION 1
Title VIII, Chapter 6, Section 1 of the Milpitas Municipal Code is hereby amended to read as follows:
VIII-6-1.00 – Findings and Purpose
The City Council of the City of Milpitas has found that the limited supply of City waters are subject to ever increasing demands and statewide requirements; that the City's economic prosperity depends on adequate supplies of water; and that the City policy promotes conservation and efficient use of potable water.
Consistent with the above findings, the purpose of this chapter is to promote the values and benefits of conservation and efficient use of potable water; and establish provisions for water management practices to enable effective water supply planning and prevention of potable water waste.
This chapter outlines processes and procedures to implement during times of declared water shortage.
SECTION 4. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE VIII, CHAPTER 6, SECTION 2
Title VIII, Chapter 6, Section 2 of the Milpitas Municipal Code is hereby amended to read as follows:
VIII-6-2.00 – Definitions
The words used in this chapter have the meaning set forth below:
Ordinance No. 240.8
6 2.01 “Recycled water,” “Reclaimed Water,” and “Treated Sewage Effluent Water” means treated or recycled wastewater of a quality suitable for non-potable uses such as landscape irrigation, and not intended for human consumption.
2.02 "Runoff" means water that is not absorbed by the surface to which it is applied and flows from the area.
2.03 "Potable Water" means water sold by the City intended for human consumption.
2.04 “Recirculated water” means water that is circulated in a system that recirculates water through an internal circulation device.
2.05 “Water Shortage Contingency Plan” or “WSCP” means the most recent version of the plan adopted by the City consistent with California Water Code sections 10632 et seq., which establishes standards and procedures to enable implementation and enforcement of local water shortage contingency measures and defines six water shortage levels.
2.06 “Pools and spas” means a design element where open water performs a recreational function for which water is supplied through a City potable water meter.
2.07 “Water feature” means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams for which water is supplied through a City potable water meter. Pools and Spas are not considered water features and are defined separately.
2.08 “Annual Water Supply and Demand Assessment” or “Annual Assessment” means an annual report with information for anticipated shortage, triggered shortage response actions, compliance and enforcement actions, and communication actions consistent with the City’s WSCP.
2.09 “Measurable rainfall” means at least one fourth of one inch of rain.
2.10 “Ornamental turf” means grass grown for decorative purposes.
2.11 “Commercial property” means a place of business that provides or distributes a product or service. Commercial properties include, but are not limited to, retail and shopping malls, restaurants, hotels, office buildings, and any use designated as a commercial use in the Milpitas Zoning Ordinance.
2.12 “Industrial property” means a place that is primarily used for the manufacturing or processing of materials as defined by the North American Industry Classification System code sectors 31 to 33, inclusive, or research and development. Industrial properties include any use designated as an industrial use in the Milpitas Zoning Ordinance.
2.13 “Institutional property” means a place dedicated to providing a public service. This type of user includes, among other users, higher education institutions, schools, courts, churches, hospitals, government facilities, and nonprofit research institutions.
2.14 “Residential property” means private property upon which a residential structure is located. "Residential property" includes the entirety of the private property but does not include any public right of way or access easement over that property. For the purpose of multi-family properties with separately habitable units, each unit shall be separately considered its own residential property and common areas shall not be considered residential property.
2.15 “Common area” means that portion of a common interest development or of a property owned or managed by a homeowners’ association or a community service organization or similar entity that is not assigned or allocated to the exclusive use of the occupants of an individual dwelling unit within the property.
Ordinance No. 240.8
7 2.16 “Common interest development” means any of the following:
a) A community apartment project.
b) A condominium project.
c) A planned development.
d) A stock cooperative.
2.17 “Community service organization or similar entity” means a nonprofit entity, other than an association, that is organized to provide services to residents of the common interest development or to the public in addition to the residents, to the extent community common area or facilities are available to the public. “Community service organization or similar entity” does not include an entity that has been organized solely to raise moneys and contribute to other nonprofit organizations that are qualified as tax exempt under Section 501(c)(3) of the Internal Revenue Code and that provide housing or housing assistance.
2.18 “Community space” means an area designated by a property owner or a governmental agency to accommodate human foot traffic for civic, ceremonial, or other community events or social gatherings.
2.19 “Disadvantaged community” means a community with an annual median household income that is less than 80 percent of the statewide annual median household income.
2.20 “Functional turf” means a ground cover surface of turf located in a recreational use area or community space. Turf enclosed by fencing or other barriers to permanently preclude human access for recreation or assembly is not functional turf; however, turf located at cemeteries is considered functional.
2.21 “Homeowners’ association” means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.
2.22 “Nonfunctional turf” means any turf that is not functional turf, and includes turf located within street rights-of-way and parking lots. Nonfunctional turf includes but is not limited to:
a) streetscape turf which is located along private or public streets (e.g., mow strips on either side of street), along streetscape sidewalks (narrow spaces of turf that line the sidewalk on private or public property), along driveways and parking lots within the community, business streetscape frontage areas, and within medians within roundabouts;
b) turf that is solely ornamental
c) other turf that is not functional turf.
2.23 “Recreational use area” means an area designated by a property owner or a governmental agency to accommodate human foot traffic for recreation, including, but not limited to, sports fields, golf courses, playgrounds, picnic grounds, or pet exercise areas. This recreation may be either formal or informal.
SECTION 5. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE VIII, CHAPTER 6, SECTION 3
Title VIII, Chapter 6, Section 3 of the Milpitas Municipal Code is hereby amended to read as follows:
Ordinance No. 240.8
8 VIII-6-3.00 – Permanent Water Use Restrictions
The following water conservation requirements are effective at all times and are permanent as outlined in the City’s WSCP, incorporated herein by reference as if fully set forth herein. More restrictive measures may be in place depending on the declared water shortage level. Violations of this section will be considered waste and an unreasonable use of water.
The table entitled “Table 3-1. Retail: Water Shortage Contingency Plan Levels (Department of Water Resources [DWR] Submittal Table 8-1)” is adopted as part of the WSCP and is attached as Exhibit “A.”
EXHIBIT “A”
Table 3-1. Retail: Water Shortage Contingency Plan Levels (DWR Submittal Table 8-1) DWR Submittal Table 8-1
Water Shortage Contingency Plan Levels
Shortage
Level
Percent
Shortage
Range
Shortage Response Actions
0 0% (Normal)
A Level 0 Water Supply Shortage – Condition exists when the City notifies its water users that no supply reductions are anticipated in this year. City proceeds with planned water efficiency best practices to support consumer demand reduction in line with state mandated requirements and local City goals for water supply reliability. Permanent water waste prohibitions are in place as stipulated in the City’s Water Shortage Response Ordinance.
1 Up to 10%
A Level 1 Water Supply Shortage – Condition exists when the City notifies its water users that due to drought or other supply reductions, a consumer demand reduction of up to 10% is necessary to make more efficient use of water and respond to existing water conditions. The City shall implement the mandatory Level 1 conservation measures identified in this WSCP. The type of event that may prompt the City to declare a Level 1 Water Supply Shortage may include, among other factors, a finding that its wholesale water provider calls for extraordinary water conservation.
2 11% to 20%
A Level 2 Water Supply Shortage – Condition exists when the City notifies its water users that due to drought or other supply reductions, a consumer demand reduction of up to 20% is necessary to make more efficient use of water and respond to existing water conditions. Upon declaration of a Level 2 Water Supply Shortage condition, the City shall implement the mandatory Level 2 conservation measures identified in this WSCP.
3 21% to 30%
A Level 3 Water Supply Shortage – Condition exists when the City declares a water shortage emergency condition pursuant to California Water Code section 350 and notifies its residents and businesses that up to 30% consumer demand reduction is required to ensure sufficient supplies for human consumption, sanitation and fire protection. The City must declare a Water Supply Shortage Emergency in the manner and on the grounds provided in California Water Code section 350.
Ordinance No. 240.8 2
4 31% to 40%
A Level 4 Water Supply Shortage - Condition exists when the City declares a water shortage emergency condition pursuant to California Water Code section 350 and notifies its residents and businesses that up to 40% consumer demand reduction is required to ensure sufficient supplies for human consumption, sanitation and fire protection. The City must declare a Water Supply Shortage Emergency in the manner and on the grounds provided in California Water Code section 350. 5 41% to 50%
A Level 5 Water Supply Shortage - Condition exists when the City declares a water shortage emergency condition pursuant to California Water Code section 350 and notifies its residents and businesses that up to 50% or more consumer demand reduction is required to ensure sufficient supplies for human consumption, sanitation and fire protection. The City must declare a Water Supply Shortage Emergency in the manner and on the grounds provided in California Water Code section 350. 6 >50%
A Level 6 Water Supply Shortage – Condition exists when the City declares a water shortage emergency condition pursuant to California Water Code section 350 and notifies its residents and businesses that greater than 50% or more consumer demand reduction is required to ensure sufficient supplies for human consumption, sanitation and fire protection. The City must declare a Water Supply Shortage Emergency in the manner and on the grounds provided in California Water Code section 350.
The table entitled “Table 3-2. Demand Reduction Actions (DWR Submittal Table 8-3)” is adopted as part of the WSCP and is attached as Exhibit “B.” EXHIBIT “B”
Table 3-2. Demand Reduction Actions (DWR Submittal Table 8-3)
DWR Submittal Table 8-3
Demand Reduction Actions
Shortage
Level
Demand Reduction
Actions
How much is this
going to reduce the
shortage gap?
Additional Explanation or
Reference
Penalty,
Charge, or
Other
Enforcement?
0 Other water feature or
swimming pool
restriction
Statewide
Prohibition is
Required
Cleaning, filling, or operating
water features, such as
decorative fountains, except
where the water is part of a
recirculating system.
No
0 Other
Statewide
Prohibition is
Required
Washing or hosing down
vehicles is prohibited except by
use of a hand held container,
hose with an automatic shut off
device, or at a commercial car
wash.
No
Ordinance No. 240.8 3
0 Other - Prohibit use of
potable water for
washing hard surfaces
Statewide
Prohibition is
Required
Washing hard or paved surfaces
is prohibited except to alleviate
safety or sanitary hazards using
a hand held container, hose
with an automatic shut off
device, or a low-volume high
pressure cleaning machine that
recycles used water.
No
0 Landscape - Restrict or
prohibit runoff from
landscape irrigation
Statewide
Prohibition is
Required
Watering vegetated areas in a
manner that causes excessive
water flow or runoff onto an
adjoining sidewalk, driveway,
street, alley, gutter, or ditch is
prohibited.
No
0 Landscape - Other
landscape restriction or
prohibition
Statewide
Prohibition is
Required
Irrigating ornamental turf on
public street medians is
prohibited.
No
0 Landscape - Other
landscape restriction or
prohibition
Statewide
Prohibition is
Required
No landscape watering shall
occur within 48 hours after
measurable precipitation.
No
0 Landscape - Other
landscape restriction or
prohibition
Ongoing long-term
conservation
savings measure.
N/A to WSCP
quantifiable savings.
Prohibited use of broken or
defective plumbing, sprinkler,
watering or irrigation systems
No
0 Landscape - Other
landscape restriction or
prohibition
Ongoing long-term
conservation
savings measure.
N/A to WSCP
quantifiable savings.
Prohibited use of potable water
for outdoor irrigation in newly
constructed homes and
buildings, except with drip or
microspray irrigation systems.
No
0 CII - Restaurants may
only serve water upon
request
Ongoing long-term
conservation
savings measure.
N/A to WSCP
quantifiable savings.
CII - Restaurants may only serve
water upon request No
0 CII - Other CII
restriction or
prohibition
Ongoing long-term
conservation
savings measure.
N/A to WSCP
quantifiable savings.
No water in new, added or
altered cooling system
equipment unless at least fifty
percent (50%) of the water is
recycled.
No
Ordinance No. 240.8 4
0 Other - Prohibit vehicle
washing except at
facilities using recycled
or recirculating water
Ongoing long-term
conservation
savings measure.
N/A to WSCP
quantifiable savings.
All new commercial car wash
and laundry facilities must re-
circulate the wash water.
No
0 Landscape - Limit
landscape irrigation to
specific times
Ongoing long-term
conservation
savings measure.
N/A to WSCP
quantifiable savings.
Watering or irrigation of
vegetated areas is prohibited
between 9 am and 6 pm except
by use of a hand held device,
hose equipped with an
automatic shutoff device, or for
adjusting or repairing an
irrigation system for short
periods of time.
No
0 Other - Require
automatic shut of hoses
Ongoing long-term
conservation
savings measure.
N/A to WSCP
quantifiable savings.
Use a shutoff nozzle on hoses. No
0 Pools and Spas -
Require covers for
pools and spas
Ongoing long-term
conservation
savings measure.
N/A to WSCP
quantifiable savings.
Pools and spas shall be covered
when not in use to prevent
evaporation.
No
0 Other - Prohibit use of
potable water for
construction and dust
control
Ongoing long-term
conservation
savings measure.
N/A to WSCP
quantifiable savings.
Require a construction water
use plan be submitted to the
water supplier that addresses
how impacts to existing water
users will be mitigated (such as
dust control).
No
0 Landscape - Limit
landscape irrigation to
specific days
Ongoing long-term
conservation
savings measure.
N/A to WSCP
quantifiable savings.
Irrigation shall be limited to 4
days per week turf watering
when using potable water.
No
0 Landscape - Other
landscape restriction or
prohibition
Ongoing long-term
conservation
savings measure.
N/A to WSCP
quantifiable savings.
Prohibited use of potable water
for outdoor irrigation in newly
constructed homes and
buildings, except with drip or
microspray irrigation systems.
No
Ordinance No. 240.8 5
0 Landscape - Other
landscape restriction or
prohibition
Ongoing long-term
conservation
savings measure.
N/A to WSCP
quantifiable savings.
Prohibited use of potable water
for the irrigation of
nonfunctional turf located on
commercial, industrial, and
institutional properties, other
than cemeteries, and on
properties of homeowners'
associations, common interest
developments, and community
service organizations or similar
entities.
No
1 Landscape - Limit
landscape irrigation to
specific times
0-5%
Watering or irrigation of
vegetated areas is prohibited
between 9 am and 6 pm except
by use of a hand held device,
hose equipped with an
automatic shutoff device, or for
adjusting or repairing an
irrigation system for short
periods of time.
Yes
1 Landscape - Limit
landscape irrigation to
specific days
0-5%
Irrigation shall be limited to 4
days per week turf watering
when using potable water.
Yes
1 Expand Public
Information Campaign 0-1%
Community Outreach and
Messaging (Expand Public
Information Campaign)
Yes
1 Reduce System Water
Loss 0-5%
Real Loss Reduction - Pressure
Management and More
Aggressive Leak Detection and
Repair
Yes
1 Increase Water Waste
Patrols 0-1% Increase Water Waste Patrols Yes
1 Expand Public
Information Campaign 0-1% Expand promotion and outreach about rebates available No
2 Improve Customer
Billing 0-1%
Improve AMI Leak Reports to
include more details on water
use
No
2 Other - Customers must
repair leaks, breaks,
and malfunctions in a
timely manner
0-1% Fix leaks or faulty sprinklers
promptly/within 5 days. Yes
2 Landscape - Other
landscape restriction or
prohibition
0-1%
Prohibited use of broken or
defective plumbing, sprinkler,
watering or irrigation systems.
Yes
Ordinance No. 240.8 6
2 Landscape - Limit
landscape irrigation to
specific days
5-10%
Irrigation shall be limited to 3
days per week turf watering
when using potable water. Plant
containers, trees, shrubs and
vegetable gardens may be
watered additional days using
only drip irrigation or hand
watering.
Yes
2 Water Features -
Restrict water use for
decorative water
features, such as
fountains
0-1%
Filling or refilling ornamental
lakes and ponds is prohibited.
Ornamental lakes and ponds
that sustain aquatic life of
significant value and were
actively managed prior to the
storage declaration are exempt.
Yes
2 Pools and Spas -
Require covers for
pools and spas
0-1% Pools and Spas - Require covers
for pools and spas Yes
2 Decrease Line Flushing 0-1% Decrease Line Flushing Yes 2 CII - Restaurants may
only serve water upon
request
0-1% CII - Restaurants may only serve
water upon request Yes
2 Pools - Allow filling of
swimming pools only
when an appropriate
cover is in place.
0-1%
Pools - Allow filling of swimming
pools only when an appropriate
cover is in place.
Yes
3 Other - Customers must
repair leaks, breaks,
and malfunctions in a
timely manner
0-1% Fix leaks or faulty sprinklers
within 4 days. Yes
3 Other - Prohibit vehicle
washing except at
facilities using recycled
or recirculating water
0-1%
Car washing is only permitted
using a commercial carwash
that recirculates water or by
high pressure/low volume wash
systems.
Yes
3 Other - Prohibit use of
potable water for
construction and dust
control
0-1%
Require a construction water
use plan be submitted to the
water supplier that addresses
how impacts to existing water
users will be mitigated (such as
dust control).
Yes
Ordinance No. 240.8 7
3 Landscape - Limit
landscape irrigation to
specific days
10-25%
Irrigation shall be limited to 2
days per week turf watering
when using potable water. Plant
containers, trees, shrubs and
vegetable gardens may be
watered additional days using
only drip irrigation or hand
watering.
Yes
3 Other water feature or
swimming pool
restriction
0-1%
Decorative water features that
use potable water must be
drained and kept dry.
Yes
3 CII - Other CII
restriction or
prohibition
0-1%
No water in new, added or
altered cooling system
equipment unless at least fifty
percent (50%) of the water is
recycled.
Yes
4 Other - Customers must
repair leaks, breaks,
and malfunctions in a
timely manner
0-1% Fix leaks or faulty sprinklers
within 3 days. Yes
4 Landscape - Limit
landscape irrigation to
specific days
5-20%
Irrigation shall be limited to 1
days per week turf watering
when using potable water. Plant
containers, trees, shrubs and
vegetable gardens may be
watered additional days using
only drip irrigation or hand
watering.
Yes
4 Other water feature or
swimming pool
restriction
0-1%
Existing pools shall not be
emptied and refilled using
potable water unless required
for public health and safety
purposes.
Yes
4 Other water feature or
swimming pool
restriction
0-1% No new permits for pools will be
issued. Yes
4 Landscape - Prohibit
certain types of
landscape irrigation
0-1%
Irrigation of golf courses only
allowed for greens and tees
area.
Yes
5 Other - Customers must
repair leaks, breaks,
and malfunctions in a
timely manner
0-1% Fix leaks or faulty sprinklers
within 2 days. Yes
Ordinance No. 240.8 8
5 Landscape - Prohibit all
landscape irrigation 5-20% All irrigation is prohibited. Yes 5 Landscape - Prohibit
certain types of
landscape irrigation
0-1% Watering of all golf course areas
is prohibited. Yes
5 Landscape - Prohibit
certain types of
landscape irrigation
0-1%
Watering of parks, school
grounds, and recreation fields is
prohibited, except for rare plant
or animal species.
Yes
6 Other - Customers must
repair leaks, breaks,
and malfunctions in a
timely manner
0-1% Fix leaks or faulty sprinklers
within 1 day. Yes
6 Other 0-50% Water use for public health and
safety purposes only. Yes
6 Landscape - Prohibit all
landscape irrigation 0-5%
The City may shut off all non-
essential water services. All
irrigation is prohibited.
Yes
6 CII - Other CII
restriction or
prohibition
0-15%
Water for commercial,
manufacturing, or processing
purposes shall be reduced in
volume by up to 50% or
exceeded if necessary for public
health and safety purposes.
Yes
6 Other 0-70%
Water use for public health and
safety purposes only. Customer
rationing may be implemented.
Yes
The following uses of potable water are prohibited for all water users at all times and are permanent:
3.01 Use that results in flooding or runoff in gutters, waterways, patios, sidewalks, driveways, or streets except as permitted in Section 3.02 (a) and (b).
3.02 Use of pressure washer or hand-held hose not equipped with a positive self-closing water shutoff device for:
(a) Washing cars, buses, boats, aircraft, trailers or other vehicles or mobile equipment; (b) Watering outside plants, lawn, landscape, and turf areas.
3.03 Except upon the request of a customer, service of water by any establishment including but not limited to restaurants, hotels, cafes, cafeterias, bars, or other public places where food or drink are served and/or purchased.
3.04 Use through broken or defective plumbing, sprinkler, watering, or irrigation systems.
3.05 Use in new, added, or altered commercial car wash equipment unless a
Ordinance No. 240.8 9
recirculating water system is incorporated.
3.06 Use in new, added, or altered cooling system equipment unless at least fifty percent (50%) of the water is recirculated. A waiver to allow less than fifty percent (50%) recirculating may be granted by the Chief Building Official due to water quality concerns only. Cost is not an acceptable reason to request or receive a waiver.
3.07 Use for irrigation if recycled water, reclaimed water, or treated sewage effluent water is available, except in the following situations as deemed necessary by City Engineer/Public Works Director:
(a) Irrigation of City Cultural Resources;
(b) Where recycled water, reclaimed water, and treated sewage effluent water use is prohibited under Title 22 of the California Water Code; (c) Other situations where recycled water, reclaimed water, or treated sewage effluent water use is deemed inappropriate by the City Engineer/Public Works Director.
3.08 Use for hosing of sidewalks, driveways, walkways, parking areas and other paved surfaces.
3.09 Use for construction purposes, including dust control and compaction.
3.10 Use for cleaning, filling, or operating water features, such as decorative fountains, ponds, lakes or other similar aesthetic structures, except where the water is part of a recirculating system. The only exception may be a water feature currently listed in the National Register of Historic Places, where water use deemed necessary for integrity of the feature.
3.11 Use to irrigate outdoor plants, lawn, grass, landscaping, or turf areas during and within forty-eight (48) hours after measurable rainfall.
3.12 Use for outdoor irrigation in newly constructed homes and buildings, except with drip or microspray irrigation systems.
3.13 Uncovered Pools and Spas when not in use.
3.14 The prohibitions enumerated in 3.11 and 3.12 do not apply to any storm water treatment features, such as landscape based bioretention areas and green roofs, to meet the requirements of Municipal Regional Stormwater National Pollutant Discharge Elimination System Permit No. CAS612008, C3 Provision.
3.15 The use of potable water for irrigation of nonfunctional turf on commercial, industrial, and institutional properties, other than a cemetery, and on properties of homeowners’ associations, common interest developments, and community service organizations or similar entities will be prohibited as set forth below:
(a) The following properties must stop irrigating nonfunctional turf with potable water by the following dates:
1. All properties owned by the California Department of General Services, beginning January 1, 2027;
2. All properties owned by local governments, local or regional public agencies, and public water systems, except those specified in paragraph (5), beginning January 1, 2027;
3. All other institutional properties and all commercial and industrial properties, beginning January 1, 2028;
Ordinance No. 240.8 10
4. All common areas of properties of homeowners’ associations, common interest developments, and community service organizations or similar entities, beginning January 1, 2029;
5. All properties owned by local governments, local public agencies, and public water systems in a disadvantaged community, beginning January 1, 2031, or the date upon which a state funding source is made available to fund conversion of nonfunctional turf on these properties to climate- appropriate landscapes, whichever is later.
(b) Notwithstanding subdivision (a), the use of potable water is not prohibited by this section to the extent necessary to ensure the health of trees and other perennial nonturf plantings, or to the extent necessary to address an immediate health and safety need.
(c) The State Water Resources Control Board may, upon a showing of good cause for reasons including economic hardship, critical business need, and potential impacts to human health or safety, postpone a compliance deadline in subdivision (a) by up to three years for certain persons, institutions, and businesses, and may create a form to be used for compliance certification to the board by property owners. (d) The prohibitions and requirements identified in this Section are not applicable to:
1. Turf landscapes located on single family residential properties
2. Turf landscapes that are irrigated using recycled water
3.16 Use for watering or irrigation of non-turf plants, functional turf, lawn, grass, or landscaping except between the hours of 6:00 p.m. through 9:00 a.m. and for no more than four (4) days during any seven-day period. The days of watering shall be:
• Address Ending in Odd Number: Monday, Wednesday, Thursday, and Saturday; • Address Ending in Even Number: Tuesday, Thursday, Friday, and Sunday; • No address: Monday, Tuesday, Thursday, and Sunday.
The following activities are exempt from the day and time restrictions on watering or irrigation (only in WSCP shortage levels 0 and 1):
(a) Use for short periods during timer adjustment and repair of irrigation system are exempt from the time and day restriction set forth above. (b) Watering by hand.
(c) Watering plants slated for sale in nursery/garden centers. (d) Watering using drip irrigation systems.
(e) Landscape irrigation zones that are controlled by an activated weather-based irrigation controller.
3.17 Exceptions to the prohibitions enumerated in 3.09, 3.10, 3.11, 3.12, 3.13, 3.14, 3.15 and
3.16 may be granted where necessary to address an immediate health and safety need, or to comply with a term or condition in a permit issued by a state or federal agency, or where otherwise allowed by law.
Ordinance No. 240.8 11
SECTION 6. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE VIII, CHAPTER 6, SECTION 7
Title VIII, Chapter 6, Section 7 of the Milpitas Municipal Code is hereby amended to read as follows:
VIII-6-7.00 – Applicability
The prohibitions identified in Sections 3.01 through 3.16 are applicable to all water customers using potable water. Water users listed in Section 3.15 are subject to additional prohibitions. The prohibitions and rationing requirements identified in this Chapter are not applicable to fountains, irrigation systems, cooling towers, and dual-plumb sites that use non- potable water such as recycled water.
SECTION 7. CALIFORNIA ENVIROMENTAL QUALITY ACT (CEQA)
The adoption of this Ordinance is categorically exempt under CEQA Guidelines Section 15308 as this action, as authorized by state and local law, is to assure the maintenance, restoration, enhancement, or protection of the environment and the regulatory process herein involves procedures for protection of the environment. The adoption of this Ordinance is further categorically exempt under California Water Code section 10652 as this action implements actions taken pursuant to California Water Code section 10632, including the adoption of additional, locally appropriate demand reduction actions to adequately respond to shortages and mandatory prohibitions against specific water use practices that are in addition to state- mandated prohibitions and appropriate to the local conditions.
SECTION 8. SEVERABILITY
The provisions of this Ordinance are separable, and the invalidity of any phrase, clause, provision or part shall not affect the validity of the remainder.
SECTION 9. EFFECTIVE DATE AND POSTING
In accordance with Section 36937 of the Government Code of the State of California, this Ordinance shall take effect thirty (30) days from and after the date of its passage. The City Clerk of the City of Milpitas shall cause this Ordinance or a summary thereof to be published in accordance with Section 36933 of the Government Code of the State of California.
PLEASE NOTE:
This copy of Ordinance No. 240.8 is a “redlined” version for your convenience. Text additions are designated by an underline and text deletions are designated with a strikethrough.
REGULAR
NUMBER: 240.8
TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MILPITAS AMENDING CHAPTER 6 OF TITLE VIII OF THE MILPITAS MUNICIPAL CODE RELATING TO
THE WATER SHORTAGE CONTINGENCY PLAN AND PERMANENT WATER
WASTE RESTRICTIONS INCLUDING A BAN ON WATERING NONFUNCTIONAL TURF
This Ordinance was introduced (first reading) by the City Council at its meeting of _________, upon motion by _______ and was adopted (second reading) by the City Council at its meeting of _____, upon motion by ______. The Ordinance was duly passed and ordered published in accordance with law by the following vote:
AYES: (0)
NOES: (0)
ABSENT: (0)
HISTORY:
ABSTAIN: (0)
ATTEST: APPROVED:
Suzanne Guzzetta, City Clerk
APPROVED AS TO FORM:
Carmen Montano, Mayor
Christian M. Curtis, City Attorney
RECITALS AND FINDINGS:
WHEREAS, pursuant to California Water Code section 375, the City of Milpitas is authorized to adopt and enforce a water conservation program to reduce the quantity of water used by persons within its jurisdiction for the purpose of conserving the water supplies of the City; and
WHEREAS, pursuant to California Water Code section 376, a water conservation program adopted pursuant to California Water Code section 375 may be adopted by a resolution or an ordinance, and such resolution or ordinance is effective upon its adoption; and
WHEREAS, on January 17, 2014, Governor Brown issued a Proclamation declaring a State of Emergency due to severe drought conditions in the State of California; and WHEREAS, on August 19, 2014, the Milpitas City Council adopted Urgency Ordinance No. 240.2, declaring a water shortage, adding supplemental water use restrictions to the Water Shortage Contingency Plan (“WSCP”) as required by State law, and requested the community to implement water conservation measures with a goal of reducing consumption by twenty percent (20%); and
WHEREAS, on June 16, 2015, the Milpitas City Council adopted Urgency Ordinance 240.3, declaring the continuation of a water shortage, implemented Stage 2 of the Milpitas WSCP, and added additional conservation measures as required by State law, and requiring the community to implement water conservation measures with a goal of reducing consumption by thirty percent (30%); and
WHEREAS, as a result of increasing water supplies in many parts of the State, on May 9, 2016, Governor Brown issued Executive Order B-37-16, directing the State Water Resources Control Board to adjust and extend the emergency regulations for urban water conservation through the end of January 2017; and
WHEREAS, in response to the Governor’s directive , the State Water Resources Control Board adopted new emergency regulations, which continued a statewide conservation approach while replacing the prior percentage reduction-based water conservation standard with a localized approach that requires urban water suppliers to adopt a locally-developed conservation standard based on each supplier’s specific circumstances; and
WHEREAS, on August 16, 2016, the Milpitas City Council adopted Ordinance No. 240.5, declaring the continuation of a water shortage for the year 2016, implemented Stage One of the WSCP, modified the supplemental water use restrictions, and requested the community to implement water conservation measures with a goal of reducing consumption by twenty percent (20%); and
WHEREAS, on April 7, 2017, Governor Brown issued Executive Order B-40-17, terminating the January 17, 2014 drought State of Emergency for most counties in California, including Santa Clara County and directed the State Water Resources Control Board to rescind the water supply stress test for urban water suppliers as well as any remaining mandatory conservation standards, but to maintain urban water use reporting requirements and prohibitions on wasteful practices such as watering during or after rainfall, hosing off sidewalks, and irrigating ornamental turf on public street medians; and
WHEREAS, on June 20, 2017, the Milpitas City Council adopted Ordinance No. 240.6, declaring the termination of Stage Two of the WSCP and implemented a ten percent (10%) voluntary call for conservation; and
WHEREAS, following the end of the drought, the California Legislature modified the Urban Water Management Planning Act in 2018 to include additional water shortage planning requirements. California Water Code has significant updates specifically to Code Section 10632 that now mandates new elements to Urban Water Management Plans and Water Shortage Contingency Plans, including an annual drought risk assessment, standard water shortage levels and statewide water use prohibitions; and
WHEREAS, on June 9, 2021, the Santa Clara Valley Water District (Valley Water) Board of Directors adopted a resolution calling for mandatory water use reductions; and
WHEREAS, on June 15, 2021, the Milpitas City Council adopted Resolution No. 9086, “A resolution adopting the 2020 Urban Water Management Plan (‘UWMP’)”, which includes water conservation as a necessary and effective component of the City’s programs to provide a reliable supply of water to meet the needs of its customers; and
WHEREAS, on June 15, 2021, the Milpitas City Council adopted Resolution No. 9087, “A resolution adopting the 2020 Water Shortage Contingency Plan (‘WSCP’)” which establishes standards and procedures to enable implementation and enforcement of local water shortage contingency measures and water shortage levels.
These measures align with California Water Code Sections 353 and 375; and
WHEREAS, on July 8, 2021 the Governor issued Executive Order N-10-21 declaring a State of Emergency due to drought conditions; and
WHEREAS, the City shall conduct an Annual Water Supply and Demand Assessment pursuant to California Water Code 10632 and, on or before July 1 of each year, beginning in 2022, submit an annual water shortage assessment report to the California Department of Water Resources with information for anticipated shortage, triggered shortage response actions, compliance and enforcement actions, and communication actions consistent with the City’s WSCP; and
WHEREAS, on August 5, 2021, the Milpitas City Council adopted Ordinance No, 240.7 to amend Chapter 6 of Title VIII in the Milpitas Municipal Code relating to the Water Shortage Contingency plan, and to declare a Level 2 Water Shortage, in line with conservation calls from Valley Water, San Francisco Public Utilities Commission, and the State; and
WHEREAS, on October 19, 2021, Governor Newsom issued a proclamation for a statewide drought emergency and directed the State Water Resource Control Board to adopt emergency regulations to prohibit certain wasteful uses of water; and
WHEREAS, on November 23, 2021, the San Francisco Public Utilities Commission declared a water shortage emergency and called for a voluntary 10% water use reduction; and
WHEREAS, on January 4, 2022, in response to the Governor’s directive, the State Water Resources Control Board adopted new emergency regulations, which prohibits certain wasteful water use practices, such as the use of decorative water fountains, using irrigation systems during and within 48 hours of rain, and using water to clean sidewalks and driveways, among others; and
WHEREAS, on March 28, 2022, Governor Newsom issued Executive Order N-7-22, directing the State Water Resources Control Board to adopt regulations requiring urban water retail suppliers that have submitted a water shortage contingency plan to implement, at a minimum, shortage response actions for Level 2 Water Shortage.
The Executive Order also directs the State Water Board to adopt regulations that prohibit the irrigation of strictly ornamental turf areas for the commercial, industrial, and institutional sectors; and
WHEREAS, on May 24, 2022, the State Water Resources Control Board adopted an emergency regulation that requires urban water retailers to implement Level 2 Water Shortage Contingency Plan actions and to prohibit the watering of “nonfunctional turf” (that is, turf that is strictly ornamental and does not serve human recreational purposes) using potable water, except to ensure the health of trees and perennial non-turf plantings, effective on June 10, 2022; and
WHEREAS, on September 22, 2022, Valley Water adopted Ordinance No. 22-02 to establish mandatory outdoor water conservation measures with corresponding enforcement measures as part of a mandatory outdoor water conversation program, for all property owners in Santa Clara County who receive potable water supplied or managed by Valley Water, which includes watering restrictions of nonfunctional turf; and
WHEREAS, on December 7, 2022, the State Water Resources Control Board readopted the emergency drought regulations from January 4, 2022, which prohibit wasteful uses of water; and
WHEREAS, on March 24, 2023, Governor Newsom issued Executive Order N-5-23, which terminated the state’s 15% voluntary water conservation goal and the requirement that local agencies implement Level 2 Water Shortage actions, while maintaining the requirement to enforce the prohibition of wasteful water use practices and retaining the state of emergency to allow for the continuation of drought response activities and support for regions still experiencing drought and water shortage conditions; and
WHEREAS, on April 11, 2023, the San Francisco Public Utilities Commission voted to rescind its November 2021 water shortage emergency declaration, while keeping its 11% voluntary water conservation target to remain consistent with the State Water Resource Control Board’s regulation requiring urban water agencies to implement Level 2 Water Shortage Contingency Plan actions; and
WHEREAS, on April 12, 2023, Valley Water’s Board of Directors voted to rescind its water shortage emergency declaration and the mandatory call of 15% water use reduction, while maintaining the ban on wasteful water use practices and switching to a voluntary 15% water conservation goal. The Board of Directors directed Valley Water to provide recommendations for additional actions to continue promoting water conservation as a way of life; and
WHEREAS, on May 16, 2023, the Milpitas City Council adopted Resolution No.9246 to terminate the Level 2 Water Shortage declared on August 5, 2021 and revert to a Level 0 Water Shortage, which includes enforcement of permanent water waste restrictions that promote water conservation as a “Milpitas Way of Life”; and
WHEREAS, on October 13, 2023, Governor Newsom signed Assembly Bill 1572, which prohibits the use of potable water for the irrigation of nonfunctional turf located on commercial, industrial, and institutional properties, and on properties of homeowners’ associations, common interest developments, and community service organizations or similar entities; other than cemeteries. The bill authorizes a public water system, city, county, or city and county to enforce these provisions in phases, as defined; and WHEREAS, in accordance with California Water Code section 375 et seq., and the laws and regulations cited above, the City complied with the publication and/or posting requirements for the Ordinance as specified by state law.
NOW, THEREFORE, the City Council of the City of Milpitas does ordain as follows:
SECTION 1. RECORD AND BASIS FOR ACTION
The City Council has duly considered the full record before it, which may include but is not limited to such things as the City staff report, testimony by staff and the public, and other materials and evidence submitted or provided to the City Council. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
SECTION 2. ADDITIONAL FINDINGS
The City Council finds that pursuant to Water Code 375, et seq,, due to the persistent and unpredictable water conditions in the State, statutory requirements for water planning, and the declared policy of the State, it is necessary
and appropriate for the City to adopt, implement, and enforce a water conservation program with stages of water shortage restrictions, including emergency stages, to reduce the quantity of water used by consumers within the City, to preserve water supplies, to prevent the waste or unreasonable use or unreasonable method of use of water, and to ensure that there is sufficient water for human consumption, sanitation, and fire protection.
SECTION 3 AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE VIII, CHAPTER 6, SECTION 1
Title VIII, Chapter 6, Section 1 of the Milpitas Municipal Code is hereby amended to read as follows:
VIII-6-1.00 – Findings and Purpose
The City Council of the City of Milpitas has found that the limited supply of City waters are subject to ever increasing demands and statewide requirements; that the City's economic prosperity depends on adequate supplies of water; and that the City policy promotes conservation and efficient use of potable water.
Consistent with the above findings, the purpose of this chapter is to promote the values and benefits of conservation and efficient use of potable water; and establish provisions for water management practices to enable effective water supply planning and prevention of potable water waste.
A. This chapter outlines processes and procedures to implement during times of declared water shortage.
SECTION 4. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE VIII, CHAPTER 6, SECTION 2
Title VIII, Chapter 6, Section 2 of the Milpitas Municipal Code is hereby amended to read as follows:
VIII-6-2.00 - Definitions
The words used in this chapter have the meaning set forth below:
2.01 “Recycled water,” “Reclaimed Water,” and “Treated Sewer Effluent Water” means treated or recycled wastewater of a quality suitable for non-potable uses such as landscape irrigation, and not intended for human consumption.
2.02 "Runoff" means water that is not absorbed by the surface to which it is applied and flows from the area.
2.03 "Potable Water" means water sold by the City of Milpitas intended for human consumption.
2.04 “Recirculated Water” means water that is circulated in a system that recirculates water through an internal circulation device.
2.05 “2020 Water Shortage Contingency Plan” or “WSCP” means the adopted most recent version of the plan adopted by the City consistent with California Water Cose sections 10632 et seq., that which establishes standards and procedures to enable implementation and enforcement of local water shortage contingency measures and defines six water shortage levels.
2.06 “Pools and spas” means a design element where open water performs a recreational function for which water is supplied through a City potable water meter.
2.07 “Water feature” means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams for which water is supplied through a City potable water meter. Pools and spas are not considered water features and are defined separately.
2.08 “Annual Water Supply and Demand Assessment” or “Annual Assessment” means an annual report with
information for anticipated shortage, triggered shortage response actions, compliance and enforcement actions, and communication actions consistent with the City’s WSCP.
2.09 “Measurable rainfall” means at least one fourth of one inch of rain.
2.10 “Ornamental turf” means grass grown for decorative purposes.
2.11 “Commercial property” means a place of business that provides or distributes a product or service.
Commercial properties include, but are not limited to, retail and shopping malls, restaurants, hotels, office buildings, and any use designated as a commercial use in the Milpitas Zoning Ordinance.
2.12 “Industrial property” means a place that is primarily used for the manufacturing or processing of materials as defined by the North American Industry Classification System code sectors 31 to 33, inclusive, or research and development. Industrial properties include any use designated as an industrial use in the Milpitas Zoning Ordinance3
2.13 “Institutional property” means a place dedicated to providing a public service. This type of user includes, among other users, higher education institutions, schools, courts, churches, hospitals, government facilities, and nonprofit research institutions.
2.14 “Residential property” means private property upon which a residential structure is located. "Residential property" includes the entirety of the private property but does not include any public right of way or access easement over that property. For the purpose of multi-family properties with separately habitable units, each unit shall be separately considered its own residential property and common areas shall not be considered residential property.
2.15 “Common area” means that portion of a common interest development or of a property owned or managed by a homeowners’ association or a community service organization or similar entity that is not assigned or allocated to the exclusive use of the occupants of an individual dwelling unit within the property.
2.16 “Common interest development” means any of the following:
a) A community apartment project.
b) A condominium project.
c) A planned development.
d) A stock cooperative.
2.17 “Community service organization or similar entity” means a nonprofit entity, other than an association, that is organized to provide services to residents of the common interest development or to the public in addition to the residents, to the extent community common area or facilities are available to the public. “Community service organization or similar entity” does not include an entity that has been organized solely to raise moneys and contribute to other nonprofit organizations that are qualified as tax exempt under Section 501(c)(3) of the Internal Revenue Code and that provide housing or housing assistance.
2.18 “Community space” means an area designated by a property owner or a governmental agency to accommodate human foot traffic for civic, ceremonial, or other community events or social gatherings.
2.19 “Disadvantaged community” means a community with an annual median household income that is less than 80 percent of the statewide annual median household income.
2.20 “Functional turf” means a ground cover surface of turf located in a recreational use area or community space. Turf enclosed by fencing or other barriers to permanently preclude human access for recreation or
assembly is not functional turf; however, turf located at cemeteries is considered functional.
2.21 “Homeowners’ association” means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.
2.22 “Nonfunctional turf” means any turf that is not functional turf, and includes turf located within street rights- of-way and parking lots. Nonfunctional turf includes but is not limited to:
a) streetscape turf which is located along private or public streets (e.g., mow strips on either side of street), along streetscape sidewalks (narrow spaces of turf that line the sidewalk on private or public property), along driveways and parking lots within the community, business streetscape frontage areas, and within medians within roundabouts; b) turf that is solely ornamental
c) other turf that is not functional turf.
2.23 “Recreational use area” means an area designated by a property owner or a governmental agency to accommodate human foot traffic for recreation, including, but not limited to, sports fields, golf courses, playgrounds, picnic grounds, or pet exercise areas. This recreation may be either formal or informal.
SECTION 5. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE VIII, CHAPTER 6, SECTION 3
Title VIII, Chapter 6, Section 3 of the Milpitas Municipal Code is hereby amended to read as follows:
VIII-6-3.00 – Permanent Water Use Restrictions
The following water conservation requirements are effective at all times and are permanent as outlined in the City’s WSCP, incorporated herein by reference as if fully set forth herein. More restrictive measures may be in place depending on the declared water shortage level. Violations of this section will be considered waste and an unreasonable use of water.
The table entitled “Table 3-1. Retail: Water Shortage Contingency Plan Levels (Department of Water Resources [DWR] Submittal Table 8-1)” is adopted as part of the WSCP and is attached as Exhibit “A.”
EXHIBIT “A”
Table 3-1. Retail: Water Shortage Contingency Plan Levels (DWR Submittal Table 8-1)
DWR Submittal Table 8-1 Retail
Water Shortage Contingency Plan Levels
Shortage
Levels
Percent
Shortage
Range
Water Shortage Condition
0 0% (Normal)
A Level 0 Water Supply Shortage –lllColllndition exists when the City notifies its water users that no supply reductions are anticipated in this year. City proceeds with planned water efficiency best practices to support consumer demand reduction in line with state mandated requirements and local City goals for water supply reliability. Permanent water waste prohibitions are in place as stipulated in the C i t y ’llls lllWllla t e r Shortage Response Ordinance.
1 Up to 10%
A Level 1 Water Supply Shortage –lllColllndition exists when the City notifies its water users that due to drought or other supply reductions, a consumer demand reduction of up to 10% is necessary to make more efficient use of water and respond to existing water conditions.
The City shall implement the mandatory Level 1 conservation measures identified in this WSCP. The type of event that may prompt the City to declare a Level 1 Water Supply Shortage may include, among other factors, a finding that its wholesale water provider calls for extraordinary water conservation.
2 11% to 20%
A Level 2 Water Supply Shortage –lllColllndition exists when the City notifies its water users that due to drought or other supply reductions, a consumer demand reduction of up to 20% is necessary to make more efficient use of water and respond to existing water conditions. Upon declaration of a Level 2 Water Supply Shortage condition, the City shall implement mandatory Level 2 conservation measures identified in this WSCP.
3 21% to 30%
A Level 3 Water Supply Shortage – Condition exists when the City declares a water shortage emergency condition pursuant to California Water Code section 350 and notifies its residents and businesses that up to 30% consumer demand reduction is required to ensure sufficient supplies for human consumption, sanitation and fire protection. The City must declare a Water Supply Shortage Emergency in the manner and on the grounds provided in California Water Code section 350.
4 31% to 40%
A Level 4 Water Supply Shortage – Condition exists when the City declares a water shortage emergency condition pursuant to California Water Code section 350 and notifies its residents and businesses that up to 40% consumer demand reduction is required to ensure sufficient supplies for human consumption, sanitation and fire protection. The City must declare a Water Supply Shortage Emergency in the manner and on the grounds provided in California Water Code section 350.
5 41% to 50%
A Level 5 Water Supply Shortage –lllC ollln d i t i o n exists when the City declares a water shortage emergency condition pursuant to California Water Code section 350 and notifies its residents and businesses that up to 50% or more consumer demand reduction is required to ensure sufficient supplies for human consumption, sanitation and fire protection. The City must declare a Water Supply Shortage Emergency in the manner and on the grounds provided in California Water Code section 350.
6 >50%
A Level 6 Water Supply Shortage –lllC ollln d i t i o n exists when the City declares a water shortage emergency condition pursuant to California Water Code section 350 and notifies its residents and businesses that greater than 50% or more consumer demand reduction is required to ensure sufficient supplies for human consumption, sanitation and fire protection. The City must declare a Water Supply Shortage Emergency in the manner and on the grounds provided in California Water Code section 350.
DWR Submittal Table 8-1 Retail
Water Shortage Contingency Plan Levels
Shortage
Level
Percent
Shortage
Range
Shortage Response Actions
0 0% (Normal)
A Level 0 Water Supply Shortage - Condition exists when the City notifies its water users that no supply reductions are anticipated in this year. City proceeds with planned water efficiency best practices to support consumer demand reduction in line with state mandated requirements and local City goals for water supply reliability. Permanent water waste prohibitions are in place as stipulated in the City's Water Shortage Response Ordinance. 1 Up to 10%
A Level 1 Water Supply Shortage - Condition exists when the City notifies its water users that due to drought or other supply reductions, a consumer demand reduction of up to 10% is necessary to make more efficient use of water and respond to existing water conditions. The City shall implement the mandatory Level 1 conservation measures identified in this WSCP. The type of event that may prompt the City to declare a Level 1 Water Supply Shortage may include, among other factors, a finding that its wholesale water provider calls for extraordinary water conservation.
2 11% to 20%
A Level 2 Water Supply Shortage - Condition exists when the City notifies its water users that due to drought or other supply reductions, a consumer demand reduction of up to 20% is necessary to make more efficient use of water and respond to existing water conditions. Upon declaration of a Level 2 Water Supply Shortage condition, the City shall implement mandatory Level 2 conservation measures identified in this WSCP.
3 21% to 30%
A Level 3 Water Supply Shortage - Condition exists when the City declares a water shortage emergency condition pursuant to California Water Code section 350 and notifies its residents and businesses that up to 30% consumer demand reduction is required to ensure sufficient supplies for human consumption, sanitation and fire protection. The City must declare a Water Supply Shortage Emergency in the manner and on the grounds provided in California Water Code section 350.
4 31% to 40%
A Level 4 Water Supply Shortage - Condition exists when the City declares a water shortage emergency condition pursuant to California Water Code section 350 and notifies its residents and businesses that up to 40% consumer demand reduction is required to ensure sufficient supplies for human consumption, sanitation and fire protection. The City must declare a Water Supply Shortage Emergency in the manner and on the grounds provided in California Water Code section 350.
5 41% to 50%
A Level 5 Water Supply Shortage - Condition exists when the City declares a water shortage emergency condition pursuant to California Water Code section 350 and notifies its residents and businesses that up to 50% or more consumer demand reduction is required to ensure sufficient supplies for human consumption, sanitation and fire protection. The City must declare a Water Supply Shortage Emergency in the manner and on the grounds provided in California Water Code section 350.
6 >50%
A Level 6 Water Supply Shortage - Condition exists when the City declares a water shortage emergency condition pursuant to California Water Code section 350 and notifies its residents and businesses that greater than 50% or more consumer demand reduction is required to ensure sufficient supplies for human consumption, sanitation and fire protection. The City must declare a Water Supply Shortage Emergency in the manner and on the grounds provided in California Water Code section 350.
The table entitled “Table 3-2. Demand Reduction Actions (DWR Submittal Table 8-23)” is adopted as part□ □ of the WSCP and is attached as Exhibit “B.”
EXHIBIT “B”
Table 3-2. Demand Reduction Actions (DWR Submittal Table 8-23)
DWR Submittal Table 8-2: Demand Reduction Actions
Shortage Demand Reduction Additional Explanation or
Penalty,
Charge, or How much is this
going to reduce the Level Actions shortage gap? Reference Other Enforcement?
0 Other water feature
or swimming pool
restriction
Statewide
Prohibition is
Required
Cleaning, filling, or operating
water features, such as decorative
fountains, except where the water
is part of a
recirculating system.
No
0 Other
Statewide
Prohibition is
Required
Washing or hosing down vehicles
is prohibited except by use of a
hand held container, hose with
an automatic shut off device, or
at a commercial car wash.
No
0 Other - Prohibit
use of potable
water for washing
hard surfaces
Statewide
Prohibition is
Required
Washing hard or paved surfaces
is prohibited except to alleviate
safety or sanitary hazards using
a hand held container, hose with
an automatic shut off device, or
a low-volume high pressure
cleaning machine that recycles
used water.
No
0 Landscape - Restrict
or prohibit runoff
from landscape
irrigation
Statewide
Prohibition is
Required
Watering vegetated areas in a
manner that causes excessive
water flow or runoff onto an
adjoining sidewalk, driveway,
street, alley, gutter, or ditch is
prohibited.
No
DWR Submittal Table 8-2: Demand Reduction Actions
Shortage Demand Reduction Additional Explanation or
Penalty,
Charge, or How much is this
going to reduce the Level Actions shortage gap? Reference Other Enforcement?
0 Landscape - Other
landscape restriction
or prohibition
Statewide
Prohibition is
Required
Irrigating ornamental turf
on public street medians is
prohibited.
No
0 Landscape - Other
landscape restriction
or prohibition
Statewide
Prohibition is
Required
No landscape watering shall
occur within 48 hours after
measurable precipitation.
No
0 Landscape - Other
landscape restriction
or prohibition
On-going Long
Term-Conservation
Savings Measure.
Not applicable to
Water Shortage
Contingency Plan
quantifiable savings.
Prohibited use of broken or
defective plumbing, sprinkler,
watering or irrigation systems
No
0 Landscape - Other
landscape restriction
or prohibition
On-going Long
Term-Conservation
Savings Measure.
Not applicable to
Water Shortage
Contingency Plan
quantifiable savings.
Prohibited use of potable water
for outdoor irrigation in newly
constructed homes and buildings,
except with drip or microspray
irrigation systems.
No
0 CII - Restaurants may
only serve water
upon request
On-going Long
Term-Conservation
Savings Measure.
Not applicable to
Water Shortage
Contingency Plan
quantifiable savings.
CII - Restaurants may only serve
water upon request
No
0 CII - Other
CII
restriction or
prohibition
On-going Long
Term-Conservation
Savings Measure.
Not applicable to
Water Shortage
Contingency Plan
quantifiable savings.
No water in new, added or
altered cooling system
equipment unless at least fifty
percent (50%) of the water is
recycled.
No
0 Other - Prohibit
vehicle washing
except at facilities
using recycled or
recirculating water
On-going Long
Term-Conservation
Savings Measure.
Not applicable to
Water Shortage
Contingency Plan
quantifiable savings.
All new commercial car wash
and laundry facilities must re-
circulate the wash water.
No
DWR Submittal Table 8-2: Demand Reduction Actions
Shortage Demand Reduction Additional Explanation or
Penalty,
Charge, or How much is this
going to reduce the Level Actions shortage gap? Reference Other Enforcement?
0 Landscape - Limit
landscape irrigation
to specific times
On-going Long
Term-Conservation
Savings Measure. Not
applicable to
Water Shortage
Contingency
Plan
quantifiable savings.
Watering or irrigation of
vegetated areas is prohibited
between 9 am and 6 pm
except by use of a hand held
device,
hose equipped with an
automatic shutoff device, or
for adjusting or repairing an
irrigation system for short
No
0 Other - Require
automatic shut of
hoses
On-going Long
Term-Conservation
Savings Measure. Not
applicable to
Use a shutoff nozzle on hoses.
No
0 Pools and Spas –
Require covers for
pools and spas
On-going Long
Term-Conservation
Savings Measure. Not
applicable to
Water Shortage
Contingency
Plan
quantifiable savings.
Pools and spas shall be covered
when not in use to prevent
evaporation.
No
0 Other - Prohibit use
of potable water
for construction
and
dust control
On-going Long
Term-Conservation
Savings Measure. Not
applicable to
Water Shortage
Contingency
Plan
quantifiable savings.
Require a construction water
use plan be submitted to the
water supplier that addresses
how
impacts to existing water users
will be mitigated (such as dust
control).
No
0 Landscape - Limit
landscape irrigation
to specific days
On-going Long
Term-Conservation
Savings Measure. Not
applicable to Water
Shortage
Contingency Plan
quantifiable savings
Irrigation shall be limited to 4
days per week turf watering
when using potable water.
No
0 Landscape - Other
landscape
restriction or
prohibition
On-going Long
Term-Conservation
Savings Measure. Not
applicable to Water
Shortage
Contingency Plan
quantifiable savings
Prohibited use of potable
water for outdoor irrigation in
newly
constructed homes and
buildings, except with drip or
microspray
irrigation systems.
No
DWR Submittal Table 8-2: Demand Reduction Actions
Shortage Demand Reduction Additional Explanation or
Penalty,
Charge, or
How much is this
going to reduce the Level Actions shortage gap? Reference Other Enforcement?
1 Landscape - Limit
landscape irrigation
to specific times
0-5%
Watering or irrigation of
vegetated areas is prohibited
between 9 am and 6 pm except
by use of a hand held device,
hose equipped with an automatic
shutoff device, or for adjusting or
repairing an irrigation system for
short periods of time.
Y e s
1 Landscape - Limit
landscape irrigation
to specific days
0-5%
Irrigation shall be limited to 4
days per week turf watering
when using potable water.
Yes
1 Expand
Public
Information
Campaign
0-1%
Community Outreach and
Messaging (Expand
Public
Information Campaign)
Yes
1 Reduce System
Water Loss
0-5%
Real Loss Reduction -
Pressure Management and
More Aggressive Leak
Detection and
Repair
Yes
1 Increase Water
Waste Patrols 0-1% Increase Water Waste Patrols Y e s
1 Expand
Public
Information
Campaign
0-1% Expand promotion and outreach
about rebates available No
2 Improve Customer
Billing 0-1%
Improve AMI Leak Reports
to include more details on
water
use
No
2 Other - Customers
must repair leaks,
breaks, and
malfunctions in a
timely manner
0-1%
Fix leaks or faulty sprinklers
promptly/within 5 days.
Y e s
2 Landscape - Other
landscape restriction
or prohibition
0-1%
Prohibited use of broken or
defective plumbing, sprinkler,
watering or irrigation systems.
Y e s
2 Landscape - Limit
landscape irrigation
to specific days
5-10%
Irrigation shall be limited to 3
days per week turf watering
when using potable water. Plant
containers, trees, shrubs and
vegetable gardens may be
watered additional days using
only drip irrigation or hand
watering.
Y e s
DWR Submittal Table 8-2: Demand Reduction Actions
Shortage Demand Reduction Additional Explanation or
Penalty,
Charge, or How much is this
going to reduce the Level Actions shortage gap? Reference Other Enforcement?
2 Water Features -
Restrict water use
for decorative
water features,
such as fountains
0-1%
Filling or refilling ornamental
lakes and ponds is prohibited.
Ornamental lakes and ponds
that sustain aquatic life of
significant value and were
actively managed prior to the
storage declaration are exempt.
Yes
2 Pools and Spas -
Require covers for
pools and spas
0-1% Pools and Spas - Require
covers for pools and spas Yes
2 Decrease Line
Flushing 0-1% Decrease Line Flushing Yes
2 CII - Restaurants may
only serve water
upon request
0-1% CII - Restaurants may only serve
water upon request Yes
2 Pools - Allow filling
of swimming pools
only when an
appropriate cover
is in place.
0-1%
Pools - Allow filling of
swimming pools only when an
appropriate cover is in place.
Yes
3 Other - Customers
must repair leaks,
breaks, and
malfunctions in a
timely manner
0-1%
Fix leaks or faulty sprinklers
within 4 days.
Yes
3 Other - Prohibit
vehicle washing
except at facilities
using recycled or
recirculating water
0-1%
Car washing is only permitted
using a commercial carwash
that recirculates water or by
high pressure/low volume wash
systems.
Yes
3 Other - Prohibit use
of potable water
for construction
and dust control
0-1%
Require a construction water
use plan be submitted to the
water supplier that addresses
how impacts to existing water
users will be mitigated (such as
dust control).
Yes
3 Landscape - Limit
landscape irrigation
to specific days
10-25%
Irrigation shall be limited to 2
days per week turf watering
when using potable water.
Plant containers, trees, shrubs
and vegetable gardens may be
watered additional days using
Yes
DWR Submittal Table 8-2: Demand Reduction Actions
Shortage Demand Reduction Additional Explanation or
Penalty,
Charge, or How much is this
going to reduce the Level Actions shortage gap? Reference Other Enforcement?
only drip irrigation or hand
watering.
3 Other water feature
or swimming pool
restriction
0-1%
Decorative water features
that use potable water must
be drained and kept dry.
Yes
3 CII - Other
CII
restriction or
prohibition
0-1%
No water in new, added or
altered cooling system
equipment unless at least fifty
percent (50%) of the water is
recycled.
Yes
4 Other - Customers
must repair leaks,
breaks, and
malfunctions in a
timely manner
0-1%
Fix leaks or faulty sprinklers
within 3 days.
Yes
4 Landscape - Limit
landscape irrigation
to specific days
5-20%
Irrigation shall be limited to 1
days per week turf watering
when using potable water.
Plant containers, trees, shrubs
and vegetable gardens may be
watered additional days using
only drip irrigation or hand
watering.
Yes
4 Other water feature
or swimming pool
restriction
0-1%
Existing pools shall not be
emptied and refilled using
potable water unless required
for public health and safety
purposes.
Yes
4 Other water feature
or swimming pool
restriction
0-1% No new permits for pools will be
issued. Yes
4 Landscape - Prohibit
certain types of
landscape irrigation
0-1% Irrigation of golf courses only
allowed for greens and tees area. Yes
5 Other - Customers
must repair leaks,
breaks, and
malfunctions in a
timely manner
0-1%
Fix leaks or faulty sprinklers
within 2 days.
Yes
5 Landscape - Prohibit
all landscape
irrigation
5-20% All irrigation is prohibited. Yes
DWR Submittal Table 8-2: Demand Reduction Actions
Shortage Demand Reduction Additional Explanation or
Penalty,
Charge, or How much is this
going to reduce the Level Actions shortage gap? Reference Other Enforcement?
5 Landscape - Prohibit
certain types of
landscape irrigation
0-1% Watering of all golf course
areas is prohibited. Yes
5 Landscape - Prohibit
certain types of
landscape irrigation
0-1%
Watering of parks, school
grounds, and recreation fields is
prohibited, except for rare
plant or animal species.
Yes
6 Other - Customers
must repair leaks,
breaks, and
malfunctions in a
timely manner
0-1%
Fix leaks or faulty sprinklers
within 1 day.
Yes
6 Other 0-50% Water use for public health and
safety purposes only. Yes
6 Landscape - Prohibit
all landscape
irrigation
0-5%
The City may shut off all non-
essential water services. All
irrigation is prohibited.
Yes
6 CII - Other
CII
restriction or
prohibition
0-15%
Water for commercial,
manufacturing, or processing
purposes shall be reduced in
volume by up to 50% or
exceeded if necessary for public
health and safety purposes.
Yes
6 Other 0-70%
Water use for public health and
safety purposes only. Customer
rationing may be implemented.
Yes
DWR Submittal Table 8-3
Demand Reduction Actions
Shortage
Level
Demand Reduction
Actions
How much is this
going to reduce the
shortage gap?
Additional Explanation or
Reference
Penalty,
Charge, or
Other
Enforcement
?
0 Other water feature or
swimming pool
restriction
Statewide
Prohibition is
Required
Cleaning, filling, or operating water
features, such as decorative
fountains, except where the water is
part of a recirculating system.
No
0 Other
Statewide
Prohibition is
Required
Washing or hosing down vehicles
is prohibited except by use of a
hand held container, hose with an
automatic shut off device, or at a
commercial car wash.
No
0 Other - Prohibit use of
potable water for
washing hard surfaces
Statewide
Prohibition is
Required
Washing hard or paved surfaces is
prohibited except to alleviate safety
or sanitary hazards using a hand
held container, hose with an
automatic shut off device, or a low-
volume high pressure cleaning
machine that recycles used water.
No
0 Landscape - Restrict or
prohibit runoff from
landscape irrigation
Statewide
Prohibition is
Required
Watering vegetated areas in a
manner that causes excessive water
flow or runoff onto an adjoining
sidewalk, driveway, street, alley,
gutter, or ditch is prohibited.
No
0 Landscape - Other
landscape restriction or
prohibition
Statewide
Prohibition is
Required
Irrigating ornamental turf on public
street medians is prohibited. No
0 Landscape - Other
landscape restriction or
prohibition
Statewide
Prohibition is
Required
No landscape watering shall occur
within 48 hours after measurable
precipitation.
No
0 Landscape - Other
landscape restriction or
prohibition
Ongoing long-term
conservation savings
measure. N/A to
WSCP quantifiable
savings.
Prohibited use of broken or
defective plumbing, sprinkler,
watering or irrigation systems
No
0 Landscape - Other
landscape restriction or
prohibition
Ongoing long-term
conservation savings
measure. N/A to
WSCP quantifiable
savings.
Prohibited use of potable water for
outdoor irrigation in newly
constructed homes and buildings,
except with drip or microspray
irrigation systems.
No
0 CII - Restaurants may
only serve water upon
request
Ongoing long-term
conservation savings
measure. N/A to
WSCP quantifiable
savings.
CII - Restaurants may only serve
water upon request No
0 CII - Other CII
restriction or
prohibition
Ongoing long-term
conservation savings
measure. N/A to
WSCP quantifiable
savings.
No water in new, added or altered
cooling system equipment unless at
least fifty percent (50%) of the
water is recycled.
No
0 Other - Prohibit vehicle
washing except at
facilities using recycled
or recirculating water
Ongoing long-term
conservation savings
measure. N/A to
WSCP quantifiable
savings.
All new commercial car wash and
laundry facilities must re-circulate
the wash water.
No