Melissa Lee
From: Donald Rocha <[email protected]>
Se~~t: Tuesday, April 19, 2022 12:19 PM
To: Mayor and Council
Cc: Genevieve Yip; Rajeev Batra; Gary Welling; Roseryn Bhudsabourg ~ubjecfi: Support for Santa Clara City Council Severe Drought Emergency Resolution (Item 4.M) Attachments: 041222 Item 2.12 -Resolution No 22-20 Restricting Outdoor Watering.pdf Dear Mayor Gillmor and City Council,
On behalf of Valley Water, i would like to express our sincere appreciation to the City of Santa Clara for including on this evening's City Council agenda the item "Action to Ar~nend Resolution 21-8989 `Proclamation of a Local Emergency Due to Extreme Drought Conditions in the City of Santa Clara' to Restrict Outdoor Watering to a Maximum of Two (2) Days per Week to Address the Severe Drought Emergency" (Item 4.M.), in response to the Governor's Executive Order and Santa Clara.County's severe and expanding drought conditions.
As you may already be aware, last week on April 12th, the Valley Water Board of Directors unanimously approved amendments to its Water Shortage Emergency Condition declaration to underscore the ongoing drought emergency and threats to our water supplies, expanding on the resolution adopted by the Board on June 9, 2021, which implemented a mandatory 15% reduction in water use compared to 2019 levels. The amended resolution calls for additional water use restrictions, which we respectfully request the City of Santa Clara consider in addition to the recommendation (s) in front of you this evening. These restrictions include prohibiting midday watering to avoid evaporation, restricting irrigation in a manner that does not cause runoff, calling for uniform watering days and times among water retailers without existing restrictions, and prioritizing tree irrigation over lawns and ornamental landscapes to avoid tree canopy loss. A final copy of the adopted resolution is attached.
Through this amended resolution, Valley Water aims to provide a uniform, comprehensive approach to water conservation and strengthening drought resiliency across the Counfy and promote actions that will engage residents in water and resource saving opportunities.. Tonight's City Council action and ongoing work by City staff will help ensure we can all timely respond to the severe drought conditions to meet focal needs and address the current and anticipated water supply shortages. We are grateful for the City Council's leadership and decisive action in underscoring the seriousness of our region's water supply conditions and we thank your City staff for their diligence in pursuing water conservation measures.
As we continue to face unprecedented drought conditions, Valley Water stands ready to support continued efforts to work with you and other cities to achieve reduction in water use across the County. Please Know our Board of Directors greatly appreciates your leadership and quick action, and we thank you for your consideration of these matters of critical importance.
Don
DON ROCHA
DEPUTY ADMINISTRATIVE OFFICER
Office of Government Relations
[email protected]
Tel. (408) 630-2338 /Cell. (408) 355-4196
POST MEETING MATERIAL
UocuSign envelope IU: I-y~~Utt~-U/A~-4UU/-~UtiH-FitiU4~5UHG1tib ~ ~~ l ~ ~ •'
i .i, ~' ~
~~~OLUTIO~ t~N1ERlC~If~G RES~LlJTlO~! ~O. 21-G~ R~SCIf~DI~1G R~~OLU~'10~1 'i~-43, ~E~CLARIRl~ A 1/V~,T~R SHORT'R,GE E(~Ef~GENCY COi~DITIOf~ CALLIR~G ~"O~. ~l11l~~'E~ U~~ R~ST'RICTIOi~S, ~af~D tJRGIi~G 1'N~ GOIJf~~Y OF SAIV~"~4 CLf~RA ~'O PROCLAi~i A ~_OC~iL ~I!li~E2GEf~GY
W HEREAS, on June 9, 2021, the Board of Directors (Board) of the Santa Clara Valley Water District (Valley Wafter) adopted Resolution No. 21-68 (Exhibit A) declaring a water shortage emergency condition pursuanfi to Water Code Section 350 and calling for water use restrictions; and
W HEREAS, the Board's call for water use resfirictions included, but was not limited to: (i) a restriction to outdoor watering of ornamental landscapes or lawns with potable water to a maximum of three days a week, and (ii) support of local adoption and enforcement of additional water waste restrictions by cities, retailers, and the County to achieve a 15%water use reducfiion target compared to 2019 water use; and
W HEREAS, Santa Clara County's Director of Emergency Services has proclaimed a local drought emergency on June 15, 2021, which was ratified by the Santa Clara County Board of Supervisors on June 22, 2021; and
W HEREAS, Santa Clara County was included in the Governor's drought emergency proclamation on July 8, 2021, and the entire state of California was included on October 19, 2021; and
W HEREAS, on January 4, 2022, fihe State Water Resources Control Board adopted an emergency regulation by Resolution No. 2022-0002, which contains restricfiions to prevent the vvasteful and unreasonable use of water, promote water conservation, and set forth monetary penalties for its violation; and
W HEREAS, the firsfi three months of Calendar Year 2022 were the driest on record for Santa Clara County, and Valley Water's Federal and State imported water allocations have been reduced to historic lows; and
W HEREAS, on March 28, 2022, Governor Gavin Rlewsom issued Executive Order N-7-22 fio call on local water suppliers to move to Stage 2 of their water shortage contingency plans (which equates to a 20% water use reduction) and directed the State Water Resources Control Board to evaluate the adoption of regulations banning irrigation of decorative grass around commercial, industrial and institutional buildings, which is estimated to result in potential water savings of several hundred thousand acre-feet; and
W HEREAS, trees and shrubs can be responsibly planted and maintained during drought, even one as historic and severe as the current one; and that trees, especially drought-tolerant, native species, can provide many social and environmental benefits; and W HEREAS, because of persistent and unyielding drought conditions, the Board seeks fio amend and add a number of restrictions to those previously adopted under Resolution ~o. 21-68, ~r~iP ~oo~~~r R► Page 1 of 4
uocu~ign cnveiope iu: ry5uuttt-uiHb-4uui-uutsH-t~tsu4u5uH~~tsti RESO~[JT'l0~! ~4~4~i~~IP~lG I~ESCJLU~ilOfV ~O. ~'~-68 R~SCI~DI~G R~~OLU`CIO(~ 1~-43, D~GL,4RII~G A V'VA i ~k~ Sh~OR~'AGE ~~1ERG~I~~Y C~fVDI~'IORd C~~LIi~G FOR 1~1JAT'ER IJ~E R~S~'R1C~IORl~, AND U{~~EN~ ~'{-i~ G~lJ~!`~Y ~~ Sl~R9~~ CL~~f~ ~(~ PR~CLl~IC~1 ~, ~~Cf~~ ~~li~~GENCY
Resolution No. 22-20
including reducing the maximum number of days per week the public may irrigate ornamenfiai landscapes or lawns; and
W HEREAS, the amended and additional restrictions as stated in this Amended Resolution are necessary to conserve the limited water supply of Valley Water for the greatest public benefit with particular regard to public health, fire protection, and domestic use without threatening local land subsidence, by ensuring the conservation of water, by avoiding the waste of water, and by reducing water use in the County in a fair and equitable manner. ' i~OVIl, ~H~~~~O~~ ~~ 1~ ~E~OL!/ED ghat fh~ C~oa~d of Clirec~:or~ o~ fhe Sa~~a Clara ~lall~y V~►~t~r District h~~°~by ~rr~ends f~esol~tio~~ Flo. ?1~6~ ~~ft~chec~ as ~xhibi~ A) ~s ~ollow~:
Section 6 is replaced with:
"Calls for the public to:
restrict outdoor wafiering of ornamental landscapes and lawns with potable water to no more than two days a week, avoiding watering during midday hours (See Sections 9 and 11), with the goal of significantly reducing the amount of potable water used for outdoor irrigation; and
prioritize irrigation of established trees using low-flow irrigation over that of ornamental landscapes and lawns to reduce tree loss; and restrict the application of potable water fio outdoor landscapes in a manner that causes more Phan incidental runoff such that water does not flow onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures; and
restrict the application of water to irrigafe turf and ornamental landscapes during and within 48 hours after measurable rainfall of at least one fourth of one inch of rain."
2. In Section 9, replace the 6th bulleted item wifh:
"~ Use of potable water to irrigate turf, lawns, gardens, or ornamental landscaping by means other than drip irrigation, or hand watering without quick acting positive action shut-off nozzles, on a specific schedule, for example: 1) before 7:00 a.m. and after 7:00 p.m.; or 2) selected days of the week;"
3. Add the following as Section 11:
"Calls for the County, wafter retailers and cities to:
prohibit irrigation of lawns and ornamental landscaping during midday hours (for example no irrigation from 7:00 a.m. to 7:00 p.m.); and
Uocus~gn tnvelope IU: I-ySUUttt-Ll~Hti-4UU/-tSUtiH-EitSU4ti5UH21tiEi RESOLUTION AMENDING RESOLUTION NO. 21-68 RESCINDING RESOLUTfON 17-43,
DECLARING A WATER SHORTAGE EMERGENCY CONDITION CALLING FOR WATER lJSE RCSTRICTION~, AND URGING THE COUNTY OF SANTA CLAI~/~ TO PROCLAIM /~
LOCAL EMERGENCY
Resolution No. 22-20
restrict ornamental landscape and lawn irrigation within their service or jurisdictional areas to Mondays and Thursdays for odd numbered and numberless addresses and to Tuesdays and Fridays for even numbered addresses, for those that have not already adopted specific days when irrigation is permitted within their jurisdictional area."
4. Add fhe following as Section 12:
"Directs Valley Water staff to continue pursuing actions corresponding to Stage 3 of the W ater Shortage Contingency Plan, including close coordination wiih the County, cities, retailers, large landscapers and agricultural users to implement ordinances and water use restrictions; aggressive communication efforts to i-equest significant behavioral change of water users; and augmentation of local water supplies through transfers and withdrawals from groundwater banl~s."
PASSED AND ADOPTED by fhe Board of Directors ofi the Santa Clara Valley Water District by the following vote on April 12, 2022:
AYES: Directors R. Santos, T. Estremera, N. Hsueh, B. Keegan, G. Kremen, L. LeZotte, J. Varela
NOES: Directors None
ABSENT: Directors None
ABSTAIN: Directors None
SANTA CLARA VALLEY WATER DISTRICT
DocuSigned by:
~ ~~~ v ~~Fseens~sasoas;...
JOHN L. VARELA
Chair Pro Tem, Board of Directors
ATTEST: MICHELE L. KING, CMC
DocuSigned by:
~ ~~ ~~
Z~1632D4D03E40C...
Clerk, Board of Directors
~OCU51g11 tnVelope IU: rySUUttt-U/HFi-4UU/-tiUtiH-tittU4ti5UH11tiFi F~~~OL(J i I~F~ ~f~1~RlDI(~G R~SOLl1l'IOf~ (~O. ~~-6~ k~ESCiI~D€N~ RE50LlJ'~l~f~ 1 i'~~3, ~EC~~~I~~ A ~A~E~ SI~~~~,~~~ ~C~i~F~G~~CY C~f~[~I~IO~1 CAL~I~lG FOR !~(A~'~~ PJ~~ ~~~ tl B\~lo f ~iJIV~y L'91°3~ ~61 t~'IIV~ ~kl~ lr~~IW t i~ 4J~ ~6~91V~G~ t✓~f^`~R6"~ 1 ~ C- f~'l~~~h1~IF31 f-"i ~ o~~F~ G1151~~~~IWI✓ I
Resolution No. 22-20
~: p ~, ~~ i
No. of Pages: 6
Exhibit Attachment: BOARD RESOLUTION NO. 21-68
UocuSign envelope IU: t-y9UUttt-U/H6-4UU/-~UtiH-6tsU4t~bUHL1F~6 Resolution No. 22-20
r~~V~~a~P, e ~c~~~ ~~~. ~~~8
W N~{~~t~~, ~ ~ui~(6~ he~~~if~c~ ~~~~s f1~ld e~~ Ju~~ ~, ~D~~, cai~ ~h~ ~~~kf~~ ~f~ t~~lie~he~ fh~ 5an~ ~f~r~ V~di~y 1JJrJ~f~r ~I~Y~ic~ (1~~IfQy l~E~~t~r) ~ca~ed r~~ l~irec~ur~ ~hr~~ld d~cB~r°~ fd~~,f ~ vv~§gr ~hc~rta~~ ~~~~~~g~rmcy co~ciifiian ~a~i~t~ w~~Mf~ ~~ni~ C~a~~ ~c~~~r~fy (~Q~af~~t~~); Inc# V~If-i~~~~~, ~ofic~ o€ va€cl hc~rifl~~~~,Jca~ Eau6a6i~fi€~e~ ~~ J~€ca~ ~, ~I~~~, B~ the ~~r~ :ic~~~ l~ter~tary 1'~~c+~~rs, ~ r~~t~~w~~~~b• cif c~~r~er~l ~arr~E~t€~n t~ett~2~d a~~ ~~~lisi~~cl ~rui~~~r~ fi~~~ ~;~~ar~'~~a grid W6-~fC~~A~, ~~ said h~arinr~, ~3II EJe(~Oi1S ~Jf'~S~Y1~ W~P~ (~IV~~I ~Pl 9@J~C+~#lJ~lld~~'t0 ~J~ I~~s~P~ Eby ih~ ~~c~Pd; ~f~E~
1f~~f~R~f~~,'ti~~ ~o~~~d 1~~~~d ~f1ci ~ca~~id~F~~c~ ~oa~8it. t~~~ii~i~~y, ~~i~ii'~ p~~~~n~~~io~, end ot{1~r avit~~nc~ p~e~~~a~~d ~# ~~id he~~ing; end
UV~I~~~l~~, thQ C~~e~~~ 1~ in i~~ ~ecar~rl ~a~~e~u~iv~ ~~~~r e~~' c~raught~ ~~~~ ~ia~; ('oun~,~ is nor, ire ae~ ~~rfreE~n~ diro~ght ~onditi~fi ~~c~Y~ing ~o ff~~ l~nif~cl 5~at~~ C~s~ou~h~ P~oni~~r; ~~~ W~~4~r ~1~.~, p~a~~uan~ io V'l~apQ~~ Cope ~erti~~ 35~ ~ "~oti~orr-€i~ig bogy a~~ ~ di~~rib~fi~~- ofi ~ ~~blic waC~~ ~~ppiY~ wh~fh~r pt~bii~ly or priv~~~!y c~w~c~d ~r~+~ inci~ding a mutual ~v~t~r ~mp~ny, vf~all deci~r~ a vJaiE~ vh~ e~~ ~~~r~~ncy ~ondlfio~ fie p~v~fl w~Chifi~ fh~ ~r~a ~~~✓~d b~ each di~aributis~r ~~~r~~ver i~ fi~:is ~~d ~~~ef~i~~s fi6~~~ ~1~~ ~~di€~~a°~r ~~~~~ds ~~td ~~~~rdr~m~~fi~ o~ uv~~~P ~o~v~n7~i~ ca~n~~ b~ saf~~Sied ~v(fi~~E,a~ de~I~U~g fie ~~at~~ ~iap~~[y ~~' the ~i~f~ib~~or tc~ ih~ ~~fi~r~t ~f~~4 ~hPr~ ~n~o~6c~ be i~~~►ff~~i~r~t v~~~~r #o~ h~~na~a ec~n~~a~~,fi~~, ~~~ifi~~ion, ~~d ~ir~ Vl~~~S~~~~~, i€~~ l~a~rd ~~~~~ t~ cQ~rs~e+~~ ~hc~ li;~e~f~s~ ~~v~~Qr ~~~'~aly ~~ L/~lf~y ~lt~~~~ fir tic gra~t~~t ~~u~fia b~a~~i~~ t~ri~h ~a~~dlc~l~r €~cc~~~~c~ t~ {n~~i~c h~;;~lf(tij ~rs~ ~rofi~~~tTo~, ~~c~ ~o~}~~~~Pc sa~~ viii€i~r~~afi ~r~rc~~f~nii~g Ir~r~O l~rrd ~t~~~i~e~c~a 6y ~n ,u~~~~ fl~~ ~~~~~rv~ti~r~ of v~.~~~~~, iay ~voidi~ rg fih~ w~~~~ o~ v~l~~ef-, ar~d to the ~3:~~n~ ~~c~s~~ry end by r~~~an o~ the ~xi~f6ng vu~i~r shortage ~m~~q~~~cy cot~ai¢i~r~, ~y i°~r~~~in~ w~~Gr ~~~ ire fh~ ~o~jlfy i~ ~ r~~r~i~ar ifi~~ i~ ~€~f~ and ~~~i~bf~; ar~ei
1~1H~R~~. , o~ i!~i~rcfl 2~, 20 1, tha; ~~ali~rni~ ~xat~ UVat~r F;~~~urc.~~ ~on~ro! f~o~rcJ mailed ~~~ly ~~~~rr~ing E~~tic~~ try v~~t~r rt~ht~ iBold~~ in ~~lifam~~; incf~€din~ V~il~y t!llaf~P, urging th~~ to ~I~r~ fir p~f~n~ial ~6~o~t~g~~ by redu~ir~g v~~~t~~ ~as~ anrE ~~iopfing pPackir,~l co~~~~r~f~o~ f~`1~~51df ~S~ etf i~
W~i~~~~y~, lo~~i ~~~~~~r5h~ti ~•unof~ v~%a~ ~u5st~nti~lly Isr~~it~d fn f~~ 20?_Q ~~d ~0~~ ~t~~4~r y~a~s a'~ae ~o ~~P~~c ~~~+ cor~di~i~n~ a~~ !!~llQyj ~i/a~~~'~ cu~~nf loci ~a~~~ce ~+~t~~ ~~o~°~~e ~s or ~~s~e 1 i~ ~4 ~6 perce~~fi Qr ti1~ 20-year ~vcr~g~; ~~~d Utl~~~~t~~ , ~-~nd~~o~ I~~~~r~loir is V~il~y 1~>>~'icr'~ ~~~r~~~f ~~r~~c~ ~r~l~t~~ re~~€~~air end h~id~ up fa ~~,~73 ~c~~ ~~:~t ref tr✓~i~~ r~~or~ `c~~~t ill of ~ra~i~y ~.N~t~~'~ o~h~~ n~n~ 5~~ ~~cn ~tti~~G~r e~s~~.~~ir~~ cor~~i~e~; Ana
~~1a7o0 Page i o~ 6
DocuSign Envelope ID: F95~UEt~-U7A6-40U/-SUt~H-6tiU4tibUHZ1ti6 Resolution No. 22-20
R~sci,~ding f:e~olufiiosi ~ 7-~~3, ~ecf~`i~g ~ ~~.ra~er Shortage Er~erc~~iicy Cone~iifon ~.al@incs rc~r V~la~~r Use he~tricteans, anel Urging ~~he Coa.!~fy ~f uanfi~ ~(ai~a to f~roclaim ~ Lodi ~r~e~gency I:e~ol~fiion fro. 2'(d6~
~N~I~~~A~, on February ~0, 2020, the Fcdera0 Energy Regulatory ~arnrnis~ion, for public h~~l~h artd s~7`~ty ~'easons, ordered ~l~Iley VV~i~~ fio ci~in l~nder~o~ Rese~vo~r~ i~ ~e~dpooi beginning ago {afar ~th~n Dct~ber 1, 2Q2a; ancf
~~~i~RE~45, ,~e~d~r~o~ i~~s~rvo~e hGs ~~~r~ crain~d to a~adpnol end v~~ifi b~o~~ ~~ av~~l~bi~ ~~ a sui-~ece U~~atee ~tarac~~ fac~li~y fior ih~ duration oY 4he Ande~~on [~a~n ueisrviic Refiroi~t Proj~cf, whdch is exp~cf~d fo last 1~ years; and
Vl/l-IC~~~~, fh~ ~v~ii~l~ilify a~f Co)loie ~te~e~'voi~°, Val[ey VUafie~'s ~~corad I~rg~si r~~~~Jc~i~, i~ also lir~~it~d l~ec~us~ o~ Cali~or~~~a ~epar~~~en~ o~~ Vrfa~er Resources ~ivisia~ ~f ~~fefiy fl~ ~3an1~ ~forag~ lirr~i~s; and
W~IERE,~S, ci~ae fio ~h~ ~a~tav~il~b~lity of.4nde~smn R~~ervair ar~d lie~i~~d a~~~ilabila~y of ~oyot~ ~~servoir due to E~e~~sla~or~J r~~firictior~~, V~61~y Wa~~r's aEai€I~~ fo sfora ~r~at~r locally i`c~f~ ~cro~ndvvater recharge ~~d rr~ta4er t~e~fime~~ ~St~~t sup~alie~, anci as a bufif~r ~o mi#igat~ ~g~~r~st c~sa~c~►~t a~ad ~ufiu~~ ~vat~r ~11oi~g~s, «~igr~ificar~~iy lirni4~d; ~n~ ~t~FIFREAS, fhe ~nowpack in fih~: no~~th~i-n Sierra fV~vada Maur~t~ins w~5 5 percent of ~o~n~~l a~eci ~h~ sfiat~vuide st~aol~ v✓afar ~quiv~~~ert vv~~ z~ra ~e~cer~f or ~~~r~nai ~s of J~~e '1, ~U~'l; ~r~c; the ?_021 ~~t~te Water F'r~jact all~catian is 5 ~a~rcer~fi; and fh~ 2029 South~o~f~Del~a ~~~~~r~f VaEley ~'roject ~ilacation i~ currenf!}~ 25 pe€-cent fog t~ti~n~cipal ~: Incl~a~trial wa~~r and z_eres pers;~rt~ fpr }~,geiculf~ral water; and
ifU!-IEREAS, there is ~igr~ifiican~ uncerkai~~y a~ to local and ~ta~e~vide w~P~rsu~~l~ co~dati~ar~s, ar~d i~~nporteci ~uppii~~ may confinue to be o~~g~flv~ly irnpacte~; and WHEt~EI~~, ~anfi~ Cfar~ bounty ~~eli~s i~eavi~~~ o~ t~npPecfic~a€~~c irnp~~-ted waf~~ ~c~ su~~lernsnt focal water to supply itis drinking vr~~er ~re~~ment plants, ~o ~~~I~r~ish fhe local gro~a~ad~nra#er basins, and do prevef~t adv~r~e co~~r~unify ir,~pac~s such ~s fh~ f-efiurr~ of historic ov~rdP~sf and i~r~d sub~idenc~ in no~cn~rn Santa ~laea bounty; aid
W.-{EF:~fa~, t~r~ugh c~re'r~a1 c~rc~undv~~a~ee mana~er~enr, ~~!n~a Glary C~un~y grou~td~u~ter S$~Of~~2 a~ ~Il~ Stc~f~ Of ~0~~ lh/~v UI~~I) ~lJI'[{llf~ tI1~ "[~o~m~P' s~g~ {~~g~ ~) Qf 1/~Il~y VEIa~~~s 1~~~ke~ ~hor~~g~ Cor~ting~ncy Pl~r~, bait ~,~i~hou~ addB~ios~~i vrai~r ~~e ~;duc~ion t~i5 ~•ro~ag~ is ~;:pe~t~d to drop ~igraifu~c~~~fily by a~ r°n~~€~ a~ SQ,(lOQ acre i~e~t ~y tE~~ ~r~d ofi ~0?_ ~ due fa lin-~i•t~d r~ch~rge and incr~a~~d purt~pi►~g as a sesu~i o~ draught cond~tians, reduced imparted v~~f~r alloc~~ions, and the foss cif Anderso~t (;es~rvoir as a su~`~r~ w~fi~r stoeag~ facility; aiici V'~HER~A~, ii drought co~d~iiof~s cor~finue in~c~ 2022 and imported water supplies ~antirlu~ ~a be severely limited, fhe ~rob-st c~~e scenario prajects ~roundw~~er to drop fo fhe ~CrnErg~ncy" sfage (Sfage 5) o~f the Wafer 5hortag~ Cc~n~ingency flan witih~uf acic~ifiona( wader use reducfio~, v~~hici~ wa~uld gf°eafly increase tree rill, of res~rned land ~uf~si~ence i~ nor~herra Santa ~la~a County, r~~k vvell5 g~irog d~-~ in e~~id~n~ti~l ~re~s of f~ae Co~r~ty ~~~r~ grounc~uv~~~r is fhe sole ~~~a~c~ ~~ c1~inEtir~g water, end ri~it fha~ the ordinary d~~~ands end require~n~nt~ or water can~~rt~c-sus thrill nod be s~tis~ied tNitl~ouf depleting the vv~ter supply tc~ the e;cfen~ that gh~re would Ise i~sa~~icien~ vt~ater fog human co~~sur~~pkic~n, ~anitagit~~, ~i~d firs profiection; acid Wi-~E~Ef~~, clue fo hisfioric g~oundv~~tea overrJraS~#, tie greeter San Jo~~ metr-apoiitan area end heart of Silicon Valley had €~~ t~ 74 feed or` p~rnlanen't subsidence, which resu9~~d in seawater R~1~7flo gage 2 of 6
DocuSign Envelope ID: F95DDEEE-D7A6-40D7-SDBA-6BD4850A21B6 Resolution No. 22-20
Rescinding ~e~olution 1743, ~Ecl~rii7g a W~ti~:r Shortage ~n~er•g~slcy ~~nditic~r~ falling for W~~~r 1~~~ Re~tricfion~, and ~r~ing the Gouniy of S~nt~ Clara to Proclaim a Local E~~~r~cncy I~esofufiion No. 21~$
intrusion, increased fioad risk, anti widespread ~i~m~c~Q to infrastructure, c~nservativ~ly estimated to cost over ~p47 million in 2021 dollar~~; anti WNER~/~~, aver 3,OQ0 d~m~sti~ wells us~r~ in ~~ufihorn Santa ~:fara ~aun'ty dopend vn groundwater for potable water supplies and the~~ wills are ofton rrtore vulnerable thin public water• supply v~~eJl~, which are typically deeper; acid WHEREAS, Valley Wafter must maEntain 5uffcie~t groundwater storage to guard against I nd ~ubsid~nc~, meet local w~t~r d~m~nds, cc~{~a w(fh supply ini~nupt~Qns frt~m natural disa,fers end ensure'sufficf~n~ water for firs prvteci:lon; and
WH~f~EI~~, it i~ valley Wa~er'u ~~aEicy ~r~tl i~ in ti~~ int.~rest of Valley Wafer and the corY~mLir~ify to rec~uc~ t(~e ~everlty end oecurre►~ccs of drol~ght ar ciry w~~t~ier induced water sha~tages ~y en~uragirig vtr~ter uWe reduction m~ayures ~o tf~aC ~v~ilable water ~u~plie~ can r~~~t a~t f~~,sfi 80 p~rrent of av~r~~~ anisuat d~n~a~d In cJrcau~ht year; anti WI~ERCA~, ~~n~~ Clara County and tf» r~c~ior~ are ~~abje~t to r~~~eur~•ir~e~ c~raur~hts ~f v~ryir~g severity, such as those ~romp~ing V~iloy Water to cell for water u~~ reductions in ~~~7, 19 7 fo 199 , 20U7 to ~D10; and
WF-I{~R~~.S, Santa Chin Counfy and Califon~i~ ex~~ri~i~c~d ~ tii~ts~ric, mu(tiyoar di°ought iran~ ?()12 to 2(~1~, prompting Valley Wa~or t~ gall fc~r m~nr~atary water u~~ recluctlan~ b~tvveen 20 to 30 percent ~inc~ X014; and
Wf~C~EAS, on Jung 13, 2017, bay Resoiufion 97-4 , Valf~y Water continued its call for a voluntary 20 perc~r~t water use reduc$ifln (as compaeed fio 2013 ~Natar u~Q), and caller! far Fti~art~ to male water cons~n~atic~n a way of life; and WH~R~A~, an April 27, 2021, the hoard voted fia call far a voluntary 25 p~r~c~nt water use r~d~~ctian (as ror~pared to 2013 water use}; end
VVHCi~EA~, continuing the progress end mo~n~rt~m o~f con~niur~ity mater use reductions ~r~d water wisp ~ffert~ to makQ water conser~r~ti~;r~ a wuy of li~~ ~Nill iir►Rrove for~g-term wGtbr ~u~~ply rQliavil(fy; aid
WHCI~EA~, incr~~ai~g long~ferm water conservation ~ffo~~t~ and frnproving w~tcr use ~~ci~ncy; s•tr~ngti-~~nii~g local end r~~ion~! di°ougi~t ~f~,nr~9iig; and incrE~sing vJat~e ~LE~ply at~d (and use ~alanning c~af°dii~atioi~ are eritic~l fa ~~nf~a ~I~r~ ~au~~ty'~ resiiiei~ce to dr~u~ghi, which may b~ ii~t~nsifieci in fh~ fiufiu~~ with► cli~~ate ch~i~g~; anti WM~REAa, Valley Water cAntinues to vrork closely with its rQf~il water agencies, un~r~atod surface water customers, ~v~ll ol~vner~, farmers, regul~afiory agEncies, Mate and fi~dFr~l project o~aera4ar~, other wafer districts, and local mui~icipaliti~s ar~d I nd u~~ ~g~ncies to develop cQrnrnon seise approaches with the goal of ~ch~i~v►ng dr~~ight resiliency.
RL147oo Page ~ of ~
DocuSign Envelope ID: F95DDEEE-D7A6-40D7-8DBA-6BD4850A21B6 Resolution No. 22-20
f~escinding R~soiut~an '1743, Declaring a Wa er Shortage Emergency Condition Calling for Water Use R~sfrictions, and Urging fhe Counfy of Santa Clara to I'raclaim a Local Emergency Resolution No. 2~~8
NQW, TNGR~FOR~ BE IT RESOLVED that the Board of Directors of the Santa ~la~a Valley Water Disirict t7ereby:
Rescinds Board ~,esaiufioi~ 17~~3; and
Declares pursuan4 to California Water Code erection 350 that a wafer shortage emergency condition now prevails within the County and a continued supply of water canno~~ be assured for I~uman consumption, ~anitafiori, and fire protection without rhreateninc~ local land ~~b~idenc~, and that such watee shor[ag~ emergency condition shall continue until the Valley Water's Board adopfis a findi~~g deiermi~ing otherwise; ai.d
3. Esfak~lishes ~ wa~~e~- rFcauc~ion prograrn pursuant fo Article C(4)(c) of V711cy Waier'~ treated wafer contracts by calling for ~+ater r~tailers fo achieve ~ mater use reduction equal to 33 p~;rcE.nt of 2013 water use (15 p~t~c~nt of 2019 water i.ire), which will result in ~ 23 perc~t~t reduction of Valley W~fier treated wafer scheduled deliveries to water retaiier~ while such water reduction progra~~n is in effect; and ~S, Co~mit~ to aggressively promoie i~t~ conservation programs and information for the pudic, residents, businesses, agricultural and untreated water customers, and retailers to support all sectors in reducing water use; and
Urges Santa Clara Gau►~~ farmers and untr~a~ed w~fier cusiomer~ to consider t{7e water ~hort~ge emergency condition in planting and irrigation practices; and Calls ror the public to restrict ou4door wa4eiing of ornarnenial landscapes or lawns v,~ifh potable water to a maximum of three days a wee{c; and
Urges local enforcement ofi other water waste restrictions currently in effi~cf by local ~genci~s and retailers, or as may be amended; and
R~qua~ts that the Santa Cl~+ra Cou►~ty Bazrd of ~«pQrvi~or~ proclaim a local emergency now exists ihroughoufi the County due to drougi~t conditionu; ~ncl
9. Sup~7or« local adoption and enforcement of a~diiional water waste res~~rictions by ci~tie~, retG:slers, ar+d the County ~~ needed to achieve the wat~~' use reduction t~rgefi of 15 percent ofi 2019 wafer use (33 percent of 2b13 water use); th~sa may include prohibitions against tine following:
Use of potai~le water for more fihan minii~~al landscaping, a5 defined in the fandscaping regulated of the jurisdiction ar as describEd in l~rticle 10,8 of the California Government Code in connection with new construction; ~xces~ive use ofiwater: when a utility has notified the customer in writing to repair a broken or defective plumbing, spri~~klei-, wafe~ir~g or ieriyation sys~em and fih~ c~stom~r has failed to affect such repairs within five business days, the utility may install a flow restriction device;
Use of potable water that results in flooding or runoff in gutters or streets; RL14700 Page 4 0'. 6
DocuSign Envelope ID: F95DDEEE-D7A6-40D7-8DBA-6BD4850A21 B6 Resolution No. 22-20
Rescinding R~~ai~tion 11-43, ~J~cl~ring a Water ~ho~`ag~ Em~rgoncy ~.,ar~~iiion ~~flir~g for W~t~r USA; Rostricfior~s, and Urging the ~o~ir~iy of 5anfa ~I~i•a t~ f~roclain~ ~ L.~c~l ~i~zcrgency PG~OIu~iDn Ilo. 21 b~
o Individual ~rivatA washing of ~~rs with a hope E~c~pt v~ritf~ the ~i~e of ~ pasftive ~cfiion ~hut~ofi nozzle. U~~ or' ~of3blc Ovate; fir washing cQr~m~r~i~i aircraft, carp, bu~e~, baafa, fr~il~rs, ar other commercial v~i~i~le5 ~t any time, ~rcept of carnn~~rci~l o~• ~l~~i v~t~iicle or faoat washing facilities ~perat~d ai a fixed locatian where equiprn~nC usinr~ wa4er is properly maintained to avid w~s~efia! use; Use cif potable water fai~ washing bt.iifding~, ~trucf~ir~s, dris~~d~v~ys, pafi~~, ~~rking I~t~, fienr~i~ ro~.~rts, or ether I~~rd-~~~rF~cecl ~rP~s, exce~~f in Lh~ cages ~n~here health and safety are at risk;
U~~ of ~ofaUl~ w~t~r~ fo irri~atQ ~~irr', Qawns, hardens, ~r nri~~arr~esitial (ancfscapih~ by m~~r~~ ~fih~r thin drip irrigatit~i~~, or hand waf~ri~g u+i~i~out q~~icl, acting po~itivo ac~ivn ~hut~ofif nazzle~, on a ~pecifia scheclul~, for ex~rnple: ~) before 9:~0 ~.f~~. «i~~l after ~:~1U p,61"i.; ~) every ~~her clay; oi° 3) ~c~lect~d ciay~ a' tE7e W L~'{C;
Uso of patablE wafior for ~tr~sfi cleai~irtic~ with trucks, eAc~pf for ir~ifiai wash-down for con~tniati~~i pur~~c~se~ (ff street vw~epir~g is not feasil~l~}, car ~a rrot~cfi the h~~ltii one! ~af~~ of Pie public;
Q U£~C-~ Of pU'~~tblG~ 1N~tE?I' fOt^ COIlS~1'uC~l~fl ~UI'p~ae~, such av con~alici~tso~ cif beck ifl, gust Lc,ntral, or' ~if~~er t~~~~ unless f~~u other ::Uu►'~G~ o'f W~1tef of ~thG1~' I~ieiPlGc~ Ca►r Ile U~~€I;
o Use of po'c~ble v~~fier ~'or co~strucilon purposes unless no other sourco or water cr ~fh~r m~th~d carp b~ usnd;
~ Use of ~ofiable hater fir str~a~ c€ap.nir~g;
a per~tion of coorun~:rci~l c~rvd~~i~es wi4~i~u~t r~cyclinq at I~a~t 50 percent of the 4ot~~l~ water u~~~ per cycle;
4 I~i~e of ~~~t~ble water f~~r ~►~at~rir~g oui~4c1~ ~S!ai its, ia~til~, I~~ id~c~p~, ~r~cl fug F arias curing c~rt:alii hours if and when S~7~CI~~CI Ifl C;f UG ~£il'6~ ~CI1C•'C~UIG No. '1~.9 wl~~n tl~~ scf~edule i~ in ~ff~ct;
0 U~~ of potable water fc~r d~ror~ti~~~ fountalris or t~~ flllin~ or topping cs7`f o•f d~car~~iv~ laku5 ar pond ~. EY.C~S~TIDI~is nr~ made fc~r ti~iosw d~~~~rative iouncai~~s, lak~5, ar ~c~nd~ whf~h utifi~e recycled water;
b Use of potable 4vufier for Yn~ ~il~ing or riffling ~t ~v~irnming poal~; 5ervic~ of water icy any r~~t~«r~ni except upon fihe r~q~ae~t of a ~~tron; and o Use: ~~f pot~bl~ Uvat~r tc~ flush hydrar~4s, ~rcepfi where r~c~i.~ir~d for E~ublic hsalth+ or safety,
10. I~~com~~r~d~ ci~i~s, r~t~iler~, ar~d the C~ui~ty consid~:e adopting vdat~~• w~~tc~ r~~4riMans 4i~~r dre perma~~~n~.
RL14700 f~ag~ 5 air 6
lJocuSlgn envelope IIJ: Fyb~Llttt-U/A6-4UU/-~UtiA-6ti~48bUH21ti6 Resolution No. 22-20
f?~scinding P.esoluiion 17 ~3, Declaring a Water Shortage Emergency Condifiion Calling for Wafie~~ Use Restrictions, and Urging 'ii•~e Co«n1y of Santa Clara fa Proclaim a Local ~rnerge~icy Resolution Nd, 21-~~
Pl~SSED AND AD~('TED by the Board of Directors ofi the San4a Clara Valiey Water Disfirict by the following vflte on June 9, 2021:
AYES: L7ii~ectors R'. Sar~tos~ t~. Hsuet~, T~ Estremera~, B. Keegan9 G, f:r~men, L..LeZa~i;e, ~l. ~ai~e~a
NOBS: Directors Pdol~e
ABSENT: Directors I.~~orte
ABSTAIN. Directors Nine
~I~NT/~ CLA4A VAL~~Y WAl EIS DI~~f:ICT
:;= (..
TcJNY ~ST~FM~f~1
Chair, Board ofi (]irector~~
ATTC~T: MICHELE L. KING, CMC
+ i
~I~r~~;, Board of directors
RL14700 Page G of 6
Melissa Lee
From: Donald Rocha <[email protected]>
Sent: Tuesday, April 19, 2022 12:19 PM
To: Mayor and Council
Cc: Genevieve Yip; Rajeev Batra; Gary Welling; Roseryn Bhudsabourg Subject: Support for Santa Clara City Council Severe Drought Emergency Resolution (Item 4.M) Attachments: 041222 Item 2.12 -Resolution No 22-20 Restricting Outdoor Watering.pdf Dear Mayor Gillmor and City Council,
On behalf of Valley Water, I would like to express our sincere appreciation to the City of Santa Clara for including on this evening's City Council agenda the item "Action to Amend Resolution 21-8989 `Proclamation of a Local Emergency Due to Extreme Drought Conditions in the City of Santa Clara' to Restrict Outdoor Watering to a Maximum of Two (2) Days per Week to Address the Severe Drought Emergency" (Item 4.M.), in response to the Governor's Executive Order and Santa Clara County's severe and expanding drought conditions.
As you may already be aware, last week on April 12i'', the Valley Water Board of Directors unanimously approved amendments to its Water Shortage Emergency Condition declaration to underscore the ongoing drought emergency and threats to our water supplies, expanding on the resolution adopted by the Board on June 9, 2021, which implemented a mandatory 15% reduction in water use compared to 2019 levels. The amended resolution calls for additional water use restrictions, which we respectfully request the City of Santa Clara consider in addition to the recommendation (s) in front of you this evening. These restrictions include prohibiting midday watering to avoid evaporation, restricting irrigation in a manner that does not cause runoff, calling for uniform watering days and times among water retailers without existing restrictions, and prioritizing tree irrigation over lawns and ornamental landscapes to avoid tree canopy loss. A final copy of the adopted resolution is attached.
Through this amended resolution, Valley Water aims to provide a uniform, comprehensive approach to water conservation and strengthening drought resiliency across the County and promote actions that will engage residents in water and resource saving opportunities. TonighYs City Council action and ongoing work by City staff will help ensure we can all timely respond to the severe drought conditions to meet local needs and address the current and anticipated water supply shortages. We are grateful for the City Council's leadership and decisive action in underscoring the seriousness of our region's water supply conditions and we thank your City staff for their diligence in pursuing water conservation measures.
As we continue to face unprecedented drought conditions, Valley Water stands ready to support continued efforts to work with you and other cities to achieve reduction in water use across the County. Please know our Board of Directors greatly appreciates your leadership and quick action, and we thank you for your consideration of these matters of critical importance.
Don
DON ROCHA
DEPUTY ADMINISTRATIVE OFFICER
Office of Government Relations
drocha @vallevwater.orQ
Tel. (408) 630-2338 /Cell. (408) 355-4196
POST MEETING MATERIAL
Santa Clara Valley Water District is now known as:
~` Valley Water
Clean Water Healthy Environment •Flood Protection
VALLEY WATER
5750 Almaden Expressway, San Jose CA 95118
www.vallevwater.or~
M .o ,
~ ,
DocuSign Envelope ID: F95DDEEE-D7A6-40D7-8DBA-6BD4850A21B6
BOARD OF DIRECTORS
SANTA CLARA VALLEY WATER DISTRICT
RESOLUTION NO. 22-20
RESOLUTION AMENDING RESOLUTION NO. 21-68 RESCINDING RESOLUTION 17-43,
DECLARING A WATER SHORTAGE EMERGENCY CONDITION CALLING FOR WATER
USE RESTRICTIONS, AND URGING THE COUNTY OF SANTA CLARA TO PROCLAIM A
LOCAL EMERGENCY
W HEREAS, on June 9, 2021, the Board of Directors (Board) of the Santa Clara Valley Water District (Valley Water) adopted Resolution No. 21-68 (Exhibit A) declaring a water shortage emergency condition pursuant to Water Code Section 350 and calling for water use restrictions; and
W HEREAS, the Board's call for water use restrictions included, but was not limited to: (i) a restriction to outdoor watering of ornamental landscapes or lawns with potable water to a maximum of three days a week, and (ii) support of local adoption and enforcement of additional water waste restrictions by cities, retailers, and the County to achieve a 15% water use reduction target compared to 2019 water use; and
W HEREAS, Santa Clara County's Director of Emergency Services has proclaimed a local drought emergency on June 15, 2021, which was ratified by the Santa Clara County Board of Supervisors on June 22, 2021; and
W HEREAS, Santa Clara County was included in the Governor's drought emergency proclamation on July 8, 2021, and the entire state of California was included on October 19, 2021; and
W HEREAS, on January 4, 2022, the State Water Resources Control Board adopted an emergency regulation by Resolution No. 2022-0002, which contains restrictions to prevent the wasteful and unreasonable use of water, promote water conservation, and set forth monetary penalties for its violation; and
W HEREAS, the first three months of Calendar Year 2022 were the driest on record for Santa Clara County, and Valley Water's Federal and State imported water allocations have been reduced to historic lows; and
W HEREAS, on March 28, 2022, Governor Gavin Newsom issued Executive Order N-7-22 to call on local water suppliers to move to Stage 2 of their water shortage contingency plans (which equates to a 20%water use reduction) and directed the State Water Resources Control Board to evaluate the adoption of regulations banning irrigation of decorative grass around commercial, industrial and institutional buildings, which is estimated to result in potential water savings of several hundred thousand acre-feet; and
W HEREAS, trees and shrubs can be responsibly planted and maintained during drought, even one as historic and severe as the current one; and that trees, especially drought-tolerant, native species, can provide many social and environmental benefits; and W HEREAS, because of persistent and unyielding drought conditions, the Board seeks to amend and add a number of restrictions to those previously adopted under Resolution No. 21-68, W P Footer RL Page 1 of 4
DocuSign Envelope ID: F95DDEEE-D7A6-40D7-SDBA-6BD4850A21 B6 RESOLUTION AMENDING RESOLUTION NO. 21-68 RESCINDING RESOLUTION 17-43,
DECLARING A WATER SHORTAGE EMERGENCY CONDITION CALLING FOR WATER
USE RESTRICTIONS, AND URGING THE COUNTY OF SANTA CLARA TO PROCLAIM A
LOCAL EMERGENCY
Resolution No. 22-20
including reducing the maximum number of days per week the public may irrigate ornamental landscapes or lawns; and
W HEREAS, the amended and additional restrictions as stated in this Amended Resolution are necessary to conserve the limited water supply of Valley Water for the greatest public benefit with particular regard to public health, fire protection, and domestic use without threatening local land subsidence, by ensuring the conservation of water, by avoiding the waste of water, and by reducing water use in the County in a fair and equitable manner.
NOW, THEREFORE BE IT RESOLVED that the Board of Directors of the Santa Clara Valley Water District hereby amends Resolution No. 21-68 (attached as Exhibit A) as follows:
Section 6 is replaced with:
"Calls for the public to:
• restrict outdoor watering of ornamental landscapes and lawns with potable water to no more than two days a week, avoiding watering during midday hours (See Sections 9 and 11), with the goal of significantly reducing the amount of potable water used for outdoor irrigation; and
• prioritize irrigation of established trees using low-flow irrigation over that of ornamental landscapes and lawns to reduce tree loss; and • restrict the application of potable water to outdoor landscapes in a manner that causes more than incidental runoff such that water does not flow onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures; and
• restrict the application of water to irrigate turf and ornamental landscapes during and within 48 hours after measurable rainfall of at least one fourth of one inch of rain."
2. In Section 9, replace the 6th bulleted item with:
"~ Use of potable water to irrigate turf, lawns, gardens, or ornamental landscaping by means other than drip irrigation, or hand watering without quick acting positive action shut-off nozzles, on a specific schedule, for example: 1) before 7:00 a.m. and after 7:00 p.m.; or 2) selected days of the week;"
3. Add the following as Section 11:
"Calls for the County, water retailers and cities to:
prohibit irrigation of lawns and ornamental landscaping during midday hours (for example no irrigation from 7:00 a.m. to 7:00 p.m.); and
DocuSign Envelope ID: F95DDEEE-D7A6-40D7-8DBA-6BD4850A21 B6 RESOLUTION AMENDING RESOLUTION NO. 21-68 RESCINDING RESOLUTION 17-43,
DECLARING A WATER SHORTAGE EMERGENCY CONDITION CALLING FOR WATER
USE RESTRICTIONS, AND URGING THE COUNTY OF SANTA CLARA TO PROCLAIM A
LOCAL EMERGENCY
Resolution No. 22-20
restrict ornamental landscape and lawn irrigation within their service or jurisdictional areas to Mondays and Thursdays for odd numbered and numberless addresses and to Tuesdays and Fridays for even numbered addresses, for those that have not already adopted specific days when irrigation is permitted within their jurisdictional area."
4. Add the following as Section 12:
"Directs Valley Water staff to continue pursuing actions corresponding to Stage 3 of the W ater Shortage Contingency Plan, including close coordination with the County, cities, retailers, large landscapers and agricultural users to implement ordinances and water use restrictions; aggressive communication efforts to request significant behavioral change of water users; and augmentation of local water supplies through transfers and withdrawals from groundwater banks."
PASSED AND ADOPTED by the Board of Directors of the Santa Clara Valley Water District by the following vote on April 12, 2022:
AYES: Directors R. Santos, T. Estremera, N. Hsueh, B. Keegan, G. Kremen, L. LeZotte, J. Varela
NOES: Directors None
ABSENT: Directors None
ABSTAIN: Directors None
SANTA CLARA VALLEY WATER DISTRICT
DocuSlgned by:
~ ~~~. v ~J~ ~...JOHN L. VARELA
Chair Pro Tem, Board of Directors
ATTEST: MICHELE L. KING, CMC
DocuSlgned by:
I~l.l~ ~~
98903E40~.
Clerk, Board of Directors
DocuSign Envelope ID: F95DDEEE-D7A6-40D7-8DBA-6BD4850A21B6 RESOLUTION AMENDING RESOLUTION NO. 21-68 RESCINDING RESOLUTION 17-43,
DECLARING A WATER SHORTAGE EMERGENCY CONDITION CALLING FOR WATER
USE RESTRICTIONS, AND URGING THE COUNTY OF SANTA CLARA TO PROCLAIM A
LOCAL EMERGENCY
Resolution No. 22-20
.~~ . ~,
No. of Pages: 6
Exhibit Attachment: BOARD RESOLUTION NO. 21-68
DocuSign Envelope ID: F95DDEEE-D7A6-40D7-8DBA-6BD4850A21B6 Resolution No. 22-20
~ ~ ~ ~ ~ ~' ~ -~ i
~~ ~~~' i' a ~ ). ~'' ' t ,!~'
E _ ~;' u~ ~,"~ E `'~ `~' ~ j}' q ~ i
W N~R~A~, ~ public hearing was held on June 9, 2Q21, on the matter of whether the Santa ~I~ra V~I~ey Water Distric# (Valley Water) ~o~rd of Directory should declare that ~ water shortage emergency condition exists within a~nta Clam County (County); and WHEREAS, notice of paid he~ring~~vas pubff~h~d on June 2, 202 , in the San Jose Mercury lVe~vs, a new~pap~r of general circulation print~d and published within the C~unfy; end WHEREAS, at said hearing, III persons present were given an opportunity to be hemrd by fhe hoard; and
WHEREAS, the hoard herd and considered public t~~timony, ~taf~s pr~ssnt~tion, end other svid~nce presented at said hearing; and
WH~aEA~, the Counfy is in i4s ~ecand cansecu~iv~ year vfi drought, and the County is now in an extreme drought condition according to the United Sfates Drought Monitor; and WH~REA~, pursuant to Water Code sec#ion 350 a "governing body of ~ distributor of a pub!(c water supply, wh~~her publicly or privately owned and including a mutual water company, shall decl~r~ a water shortage emergency condition fia prevail within the area served by such distributor w~~~ev~r it finds and de~ermin~s ti~~t the ~rdin~ry demands and r~qudrement~ of water consurr~~rs cannot be satl~fied without depleting the water supply of the distributor to the extent tha# there v~au~fd be insufficient w~f~r for human con~umpfiian, sanif,~fion, end flr~ protection"; and
WHEREAS, the hoard peeks to conserve the lirnifi~d water supply of Val(~y Wa#.~r fc~r fhe greatest public b~re~~ft with parficul~r regard to public h~~lt~, ~ir~ protection, and domestic use without threatening lam) I nd ~ub~id~nce, 6y insuring the conserv~fion of wafer, by avoiding the waste of water, end fo the event necessary end by r~~san o~ the exiting wafer shortage em~rger~cy condition, by reducing water use in the County in a manner that is fair and equft~bl~; and
W HIR A~, on March 2~, 2021, the California ~tat~ Water Resources control hoard mailed early v~arning noflce~ to water rights holders in C~lifami~; including Vali~y Water, urging them to plan for potential ~hartage~ by r~duci~g water use and adopting practical con~~nration measures; end
WHEREA5, local watersh~:d runoff way substantially limited in fh~ 2020 and 202 avater years due to extreme dry conditians end VaU~y Water's current local s~ar~ace water storage as of June 1 is at 26 percent of the 20dyear ~ver~age; end
WHEREAS, Anderson Reservoir is Valley Water's I~rge~t surface water reser~air and holds up #a ~5,~76 ~cr~-feet of water—more thin ail of VaO~y W~ter'~ other nine surface v~~t~r reservoirs combined; and
~~~arao Page 1 of 6
DocuSign Envelope ID: F95DDEEE-D7A6-40D7-8DBA-6BD4850A21B6 Resolution No. 22-20
Rescinding Resolution 17-43, Declaring a Water Shortage Emergency Condition Calling for Water Use Restrictions, and Urging the County of Santa Clara to Proclaim a Local Emergency Resolution No. 21-~8
WHEREAS, on February 20, 2020, fhe Federal Energy Regulatory Commission, for public health and safety reasons, prdered Valley Water to drain Anderson Reservoir to deadpool beginning no la4er than October 1, 2020; and
W WE~tEAS, Anderson Reservoir has been drained to deadpnol and wiH not be available as a surface water storage facility for the duration of the Anderson Dam Seismic Retrofit Project, which is expected to last 10 years; and
WHEREAS, the availability of Coyote Reservoir, Valley Water's second largest reservoir, is also limited because of California Department of Water Resources Division of Safety of yams storage limits; and
WHEREAS, due to the unavailability of Anderson Reservoir and limited availability of Coyote ~ieservoir due to regulatory restrictions, V~iley Water's abil{ty ~o More water locally for groundwater recharge and water treatmen# plant supplies, end as a buffer to mitigate against current and future water shortages, is ~igni~cantiy limited; and WHEREAS, the snowpack in the northern Sierra Nevada Mountains way 5 percent of normal and the statewide snow water equivalent was zero percent of normal as of June 1, 2021; and the 2021 S4afe Water Project allocation is 5 percent; and the 2021 South•of-Del#a Central Valley Project allocation is currently 26 percent far Municipal &Industrial water and zero percent for Agricultural water; and
WHEREAS, there is significant uncer#ainfy as to local and statewide water supply conditions, and imported supplies may continue fo be negatively impacted; and ~/VHEREAS, Santa Cfara Coun4y relies heavily on unpredictable imported water fo supplement local water to supply its drinking water treatment plants, to replenish the local groundwa#er basins, and to prevent adverse community impacts such as the return of historic overdraft and land subs(dence in nor#hern Santa Clara County; and
WHEF2EAS, through care~ui groundwater m~na~ement, Santa Clara County groundwa#er storage at the stark of 2021 was well within the "NormaP' stage (Stage 1) of Valley Water's Water Shortage Contingency Plan, buff without additional wader use reduction thPs storage is expected to drop significantly by a~ much as 8D,000 acre-feet by the end of 2021 due to limited recharge and increased pumping as a result of drought conditions, reduced imported water allocations, and the loss of Anderson fZeservoir as a surface water storage facility; and WHEREAS, if drought conditions continue in#o 2022 and imparted water supplies continue to be severely limited, the worst case scenario projects groundwater to drop fc~ the °Emergency" stage (Stage 5) of the Wa#er Shortage Contingency Plan without additional water use reduction, which would greatly increase tfi~e risk of resumed land subsidence in norEhern Santa Clara Counfiy, risk wells going dry in residential areas of the County where groundw~t~r is the sole source of drinking water, and risk that the ordinary demands and requirements of water consumers will not be satisfied without deple#ing the water supply to the extent that there would be insufficient water for human consumption, sanitation, and fire protection; and WHEREAS, due to historic groundwater overdrafk, the greater San Jose metrapplitan area and heart of Silicon Valley had up to 74 feet of permanent subsidence, which resulted in seawater RL14700 Page 2 of 6
DocuSign Envelope ID: F95DDEEE-D7A6-40D7-8DBA-6BD4850A21B6 Resolution No. 22-20
Rescinding Resolution 17-43, Declaring a Water Shor#age Emergency Condition Calling for Water Use Restrictions, and Urging the CAunty of Santa Clara to Proclaim a Local Emergency Resolution No. 2168
intrusion, increased flood risk, and widespread damage to infrastructure, conservatively estimated to cast over $947 million in 2021 dollars; and WHEREAS, over 3,000 domestic wells users in southern Santa Ciara County depend on groundwater for potable water supplies and these wells are often more vulnerable than public water supply wells, which are typically deeper; and
WHEREAS, Valley Water must maintain sufficient groundwater storage to guard against land subsidence, meet local water demands, cope with supply interruptions from natural disasters and ensure'sufficient water for fire protection; and
WHEREAS, it is Valley Water's policy and is In the interest of Valley Water and fhe community to reduce the severity and occurrences of drought or dry weather induced wa#er shortages by encouraging water use reduction measures so that available water supplies can meet at leasfi 80 percenfi of average annual demand In drought years; and WHEREAS, Santa Clara County and the region are subJect to reoccurring droughts of varying severity, such as those prompting Valloy Water to call for water use reductions in ~ 977, 19x7 to 1992, 2007 to 2010; and
WHEREAS, Santa Clara Counfy and California experienced a historic, multiyear drought from ?_012 to 2076, prompting Valley Water to call for mandatory water use reductions between 20 to 30 percent since 2014; and
W}~EREAS, on June 13, 201 ~, by Resolution ~ 7-43, Valley Water continued its call for a voluntary 20 percent water use reduction (as compared to 2013 water use), and called for efforts to make water conservation a way of I'rfe; and
W HEREAS, on April 27, 2021, the Board voted to call for a voluntary 25 percent water use reduction (as compared to 2013 water use); and
W HEREAS, continuing the progress and momentum of community water use reductions and water wise efforts to make water conservation a way of life will improve long-term water supply reliability; and
W HEREAS, increasing long-teem water conservation efforts and improving water use efficiency; strengthening Iocal and regional drought planning; and increasing water supply and land use planning caardination are cri~(cal to Santa Clara County's resilience to drought, which may be intensified in tie future with climate change; and
W HEREAS, Valley Water continues to work closely with its retail water agencies, unfireated surface water customers, well owners, farmers, regulatory agencies, stag and federal project opera4ors, other water districts, and local municipalities and land use agencies to develop common sense approaches with the goal of achieving drought resiliency.
RL14700 Page 3 of 6
DocuSign Envelope ID: F95DDEEE-D7A6-40D7-8DBA-66D4850A21 B6 Resolution No. 22-20
Rescinding Resolution 17-43, Declaring a Water Shortage Emergency Condition Calling for Water Use Restrictions, and Urging the County of Santa Clara to Proclaim a Loyal Emergency Resolution No. 21-68
NOW, THEREFORE BE IT RESOLVED that the Board of Directors of the Santa Clara Valley Water District hereby:
Rescinds Board Resolution 17-43; and
2. Declares pursuant to California Water Code Section 350 that a water shortage emergency condition now prevails within the County and a continued supply of water cannot be assured for human consumption, sanitation, and fire protection without threatening local land subsidence, and that such water shortage emergency condition shall continue until the Valley Water's Board adopts a finding determining otherwise; and
3. Establishes a water reduction program pursuant to Article C(4)(c) of Valloy Water's treated water• contracts by calling for water retailers to achieve a water use reduction equal to 33 percent of 2013 water use (15 percent of 2019 water use), which will result in a 23 percent reduction of Valley Water treated water scheduled deliveries to water retailers while such water reduction program is in effect; and 4, Commits to aggressively promote its conservation programs and information for the public, residents, businesses, agricultural and untreated water customers, and retailers to support all sectors in reducing water use; and
5. Urges Santa Clara County farmers and untreated water customers to consider the water shortage emergency condition in planting and irrigation practices; and Calls for the public to restrict outdoor watering of ornamental landscapes or lawns with potable water to a maximum of three days a weok; and
7. Urges local enforcement of other water waste restrictions currently in effect by local agencies and retailers, or as may be amended; and
8. Requests that the Santa Clara County Board of Supervisors proclaim a local emergency now exists throughout the County due to drought conditions; and Supports local adoption and enforcement of additional water waste restrictions by cities, retailers, and the County as needed to achieve the water use reduction target of 15 percent of 2019 water use (33 percent of 2013 water use); these may include prohibitions againsf the following:
Use of potable water for more than minimal landscaping, as defined in the landscaping regulated of the jurisdiction or as described in Article X0,8 of the California Government Code in connection with new construction; Excessive use of water: when a utility has notified the customer in writing to repair a broken or defective plumbing, sprinkler, watering or irrigation system and the customer has failed to affect such repairs within five business days, the utility may install a flow restriction device;
Use of potable water that results in flooding or runoff in gutters or streets; RL14700 Page 4 of 6
DocuSign Envelope ID: F95DDEEE-D7A6-40D7-SDBA-66D4850A21 B6 Resolution No. 22-20
Rescinding Resolution 17-43, Declaring a Water Shortage Emergency Condition Calling for Water Use Restrictions, and Urging the County of Santa Clara tv Proclaim a l.ocai Emergenc Resolution No. 2'J ~g
s Individual private washing of cars with a hose except with the use of a positive action shut-off nozzle. Use of potable water for washing commercial aircraft, cars, buses, boats, trailers, or othEr commerclai vehicles a~ any time, except at commercial or fleet vehicle or boat washing facilities operated at a fixed location where equipment using water is properly maintained to avoid wasteful use; Use of potable water for rrvashing buildings, structures, driveways, patios, parking (ats, tennis courts, or other hard-surfaced areas, except in the cases where health and safety are at risk;
• Use of potable wat8r to irrigate turt, lawns, hardens, or ornamental landscaping by means other than drip irrigation, or hand watering without quick acting positive action shut-off nozzles, on a specific schedule, for example: 1) before 9:00 a.m. and after 5:00 p.m.; 2) every other day; or 3} selected days of the wee~<;
• Use of potable water for street cleaning with trucks, except for ini#iai wash-down for construction purposes (if street sweeping is not feasible), or to protect the health and safety of the public;
+ Use of potable water for construction purposes, such ~s consolidation of backfill, dust control, ar other uses unless no other source of water or other method can be used;
Use of potable water for construction purposes unless no other source of water or other method can be used;
o Use of potable water for street cleaning;
Operation of caminercfal car washes without recycling at least 50 percent of the potable water used per cycle;
o Use of potable water for watering outside plant, lawn, landscape, and turf areas during certain hours if and when specified In CPUC Tariff Schedule No. 14.1 when the schedule is in effect;
• Use of potable water for decorative fountains or the filling or topping off of decorative lakes ar ponds. Exceptions are made for those decorative fountains, lake, or ponds which utilize recycled water;
m Use of potable water for the filling or refilling of swimming pools; ~ Service of water by any restaurant except upon the request of a patron; and • Use of potable water to flush hydrants, except where required for public health or safety.
10. Recommends cities, retailers, and the County consider adopting water waste restrictions that are permanent.
RL14700 Page 5 of 6
DocuSign Envelope ID: F95DDEEE-D7A6-40D7-8DBA-6BD4850A21 B6 Resolution No. 22-20
Rescinding Resolution 'i7-43, Declaring a Water Shortage Emergency Condition Calling for Water Use Restrictions, and Urging the County of Santa Clara to Proclaim a Local Emergency Resolution No. 21-68
PASSED AND ADOPTED by the Board of Directors of the Santa Clara Valley Water District by the following rote on June 9, 2021:
AYES: Directors R'. Santos;, !~. Hsueh, T. Estremera, B. Keegan, G. Kremen, L..LeZo~te, a. tiareia
NOES: Directors P~or~e
ABSENT: Directors h~orte~
ABSTAIN: Directors Norte
SANTA CLARA VALLEY WATER DISTRICT
~; `~
TONY EST EMERA
Chair, Board of Directors
ATTEST: MICHELE L. KING, CMC
'l
Clerk, Board of Directors
RL14700 Page 6 of 6