California Water Code Section 375 et seq., permit public entities which supply water at retail to adopt and enforce a water conservation program to reduce the quantity of water used by the people therein for the purpose of conserving the water supplies of such public entity. The Board hereby establishes a comprehensive water conservation program pursuant to California Water Code Section 375 et seq., based upon the need to conserve water supplies and to avoid or minimize the effects of any future shortage.
(Ord. 30 § 1, 1989; Ord. 49, 7/16/2024)
A. 
The Board finds and determines that a water shortage could exist based upon the occurrence of one or more of the following conditions:
1. 
A general water supply shortage due to increased demand or limited supplies.
2. 
Distribution or storage facilities of San Diego County Water Authority or other agencies become inadequate.
3. 
A major failure of the supply, storage and distribution facilities of the Metropolitan Water District of Southern California, the San Diego County Water Authority, or of the Carlsbad Municipal Water District occurs.
B. 
The Board also finds and determines that the conditions prevailing in the San Diego County area require that the water resources available be put to maximum beneficial use to the extent to which they are capable, and that the waste or unreasonable use, or unreasonable method of use, of water be prevented and that the conservation of such water be encouraged with a view to the maximum reasonable and beneficial use thereof in the interests of the people of the Carlsbad Municipal Water District and for the public welfare.
(Ord. 30 § 2, 1989; Ord. 49, 7/16/2024)
The Carlsbad Municipal Water District finds that this chapter and actions taken hereafter pursuant to this chapter are exempt from the California Environmental Quality Act as specific actions necessary to prevent or mitigate an emergency pursuant to Public Resources Code Section 21080(b)(4) and the California Environmental Quality Act Guidelines Section 15269(c). The Manager of the District is hereby authorized and directed to file a Notice of Exemption as soon as possible following adoption of the ordinance codified in this chapter.
(Ord. 30 § 3, 1989; Ord. 49, 7/16/2024)
The provisions of this chapter shall apply to all persons, customers, and property served by the Carlsbad Municipal Water District.
(Ord. 30 § 4, 1989; Ord. 49, 7/16/2024)
The Carlsbad Municipal Water District's General Manager, or a designated representative, is hereby authorized and directed to implement the provisions of this chapter.
(Ord. 30 § 5, 1989; Ord. 49, 7/16/2024)
No customer of the Carlsbad Municipal Water District shall knowingly make, cause, use, or permit the use of water supplied by the District for residential, commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this chapter, in an amount in excess of the amounts authorized by this chapter, or during any period of time other than the periods of time specified in this chapter. At no time shall water be wasted or used unreasonably. The following stages shall take effect upon declaration as herein provided:
A. 
Stage 1—Voluntary Compliance—Water Watch. Stage 1 applies during periods when the possibility exists that the Carlsbad Municipal Water District will not be able to meet all of the demands of its customers. During Stage 1, all elements of Stage 2 shall apply on a voluntary basis only.
B. 
Stage 2—Mandatory Compliance—Water Alert. Stage 2 applies during periods when the probability exists that the Carlsbad Municipal water District will not be able to meet all of the water demands of its customers. During Stage 2, the following water conservation measures shall apply except when reclaimed water is used:
1. 
Lawn watering and landscape irrigation, including construction meter irrigation, is permitted only between the hours of three p.m. and nine a.m. the following morning, except when reclaimed water is used. Watering is permitted at any time if a hand-held hose equipped with a positive shut-off nozzle is used, a hand-held faucet-filled bucket of five gallons or less is used, or a drip irrigation system is used.
2. 
Agricultural users and commercial nurseries as defined in the Metropolitan Water District Code are exempt from Stage 2 irrigation restrictions, but will be required to curtail all nonessential water use. The watering of livestock and irrigation of propagation beds are permitted at any time.
3. 
Washing of autos, trucks, trailers, boats, airplanes, and other types of mobile equipment is prohibited except on designated irrigation days between the hours of six p.m. and six a.m. the following morning, except when reclaimed water is used. Such washing, when allowed, shall be done with a hand-held bucket, or a hand-held hose equipped with a positive shut-off nozzle for quick rinses. Washing is permitted at any time on the immediate premises of a commercial car wash. Further, such washings are exempted from these regulations where the health, safety, and welfare of the public is contingent upon frequent vehicle cleaning such as garbage trucks and vehicles used to transport food and perishables.
4. 
Filling or refilling swimming pools, spas, ponds, and artificial lakes is permitted only on designated irrigation days between the hours of six p.m. and six a.m. the following morning, unless reclaimed water is available and its use permitted.
5. 
Watering golf courses, parks, school grounds, and recreational fields is permitted only between the hours of six p.m. and six a.m. the following morning, except golf course greens, unless reclaimed water is available and its use permitted.
6. 
The use of water from fire hydrants shall be limited to fire fighting and related activities, for construction activities, or other activities necessary to maintain the health, safety, and welfare of the public.
7. 
Water shall not be used to wash down sidewalks, driveways, parking areas, tennis courts, patios, or other paved areas, except to alleviate immediate fire or sanitation hazards, unless reclaimed water is available and its use permitted.
8. 
Restaurants shall not serve water to their customers except when specifically requested.
9. 
The operation of any ornamental fountain or similar structure is prohibited unless reclaimed water is available and its use permitted.
C. 
Stage 3—Mandatory Compliance—Water Warning. Stage 3 applies during periods when the Carlsbad Municipal Water District will not be able to meet all of the water demands of its customers. During Stage 3, the following water conservation measures shall apply except when reclaimed water is used:
1. 
Lawn watering and landscape irrigation, including construction meter irrigation, is permitted only on designated irrigation days and only between the hours of ten p.m. and six a.m. the following morning, except when reclaimed water is used. A "designated irrigation day" is determined by the last digit in the street address. Properties with addresses ending in an even number may use water on even-numbered days and addresses ending in an odd number may use water on odd-numbered days.
2. 
Agricultural users and commercial nurseries shall use water only between the hours of six p.m. and six a.m. the following morning, unless reclaimed water is available and permitted. The watering of livestock and irrigation of propagation beds are permitted at any time.
3. 
Washing of autos, trucks, trailers, boats, airplanes, and other types of mobile equipment is prohibited, except when reclaimed water is used. Washing is permitted at any time on the immediate premises of a commercial car wash. The use of water by all types of commercial car washes not using partially reclaimed or recycled water shall be reduced in volume by twenty percent. Further, such washings are exempted from these regulations where the health, safety, and welfare of the public is contingent upon frequent vehicle cleaning such as garbage trucks and vehicles used to transport food and perishables.
4. 
Filling or refilling swimming pools, spas, ponds, and artificial lakes is permitted only on designated irrigation days between the hours of ten p.m. and six a.m. the following morning, unless reclaimed water is available and permitted.
5. 
Watering golf courses, parks, school grounds, and recreational fields is permitted only between the hours of ten p.m. and six a.m. the following morning, except golf course greens, unless reclaimed water is available and permitted.
6. 
The use of water from fire hydrants shall be limited to fire fighting and related activities, or other activities necessary to maintain the health, safety, and welfare of the public.
7. 
Water shall not be used to wash down sidewalks, driveways, parking areas, tennis courts, patios, or other paved areas, except to alleviate immediate fire or sanitation hazards, unless reclaimed water is available and permitted.
8. 
Restaurants shall not serve water to their customers except when specifically requested.
9. 
The operation of any ornamental fountain or similar structure is prohibited, unless reclaimed water is available and permitted.
10. 
New construction meters or permits for unmetered service will not be issued. Construction water shall not be used for earth work or road construction purposes, unless reclaimed water is available and permitted.
D. 
Stage 4—Mandatory Compliance—Water Emergency. Stage 4 applies when a major failure of any supply or distribution facility, whether temporary or permanent, occurs in the water distribution system of the State Water Project, Metropolitan Water District, San Diego County Water Authority, or Carlsbad Municipal Water District facilities. During Stage 4, the following water conservation measures shall apply except when reclaimed water is used:
1. 
All outdoor irrigation of vegetation is prohibited, unless reclaimed water is available and permitted.
2. 
Use of water for agricultural or commercial nursery purposes, except for livestock watering, is prohibited, unless reclaimed water is available and permitted.
3. 
Washing of autos, trucks, trailers, boats, airplanes, and other types of mobile equipment is prohibited, except when reclaimed water is used. Washing is permitted at any time upon the immediate premises of a commercial car wash. The use of water by all types of commercial car washes shall be reduced in volume by fifty percent. Further, such washings are exempted from these regulations where the health, safety, and welfare of the public is contingent upon frequent vehicle cleaning such as garbage trucks and vehicles used to transport food and perishables.
4. 
Filling, refilling or adding of water to swimming pools, spas, ponds, and artificial lakes is prohibited, unless reclaimed water is available and permitted.
5. 
Watering of all golf course areas, except greens, is prohibited, except when reclaimed water is used. Watering of parks, school grounds, and recreation fields is prohibited (with the exception of plant materials classified to be rare, exceptionally valuable, or essential to the well being of rare animals), unless reclaimed water is available and permitted.
6. 
The use of water from fire hydrants shall be limited to fire fighting or related activities necessary to maintain the health, safety and welfare of the public.
7. 
Water shall not be used to wash down sidewalks, driveways, parking areas, tennis courts, patios, or other paved areas, except to alleviate immediate fire or sanitation hazards, unless reclaimed water is available and permitted.
8. 
Restaurants shall not serve water to their customers except when specifically requested.
9. 
The operation of any ornamental fountain or similar structure is prohibited, unless reclaimed water is available and permitted.
10. 
New construction meters or permits for unmetered service will not be issued. Construction water shall not be used for earth work or road construction purposes, except when reclaimed water is used.
11. 
The use of water for commercial, manufacturing or processing purposes shall be reduced in volume by fifty percent, except when reclaimed water is used.
12. 
No water shall be used for air conditioning purposes, unless reclaimed water is available and permitted.
(Ord. 30 § 6, 1989; Ord. 34 § 1, 1990; Ord. 49, 7/16/2024)
A. 
No customer of the District shall make, cause, use, or permit the use of water supplied by the District for greenbelt uses, including, but not limited to, cemeteries, golf courses, parks, and highway landscaped areas, when, following notice and a hearing, the District finds that reclaimed water is available under the following conditions:
1. 
The reclaimed water is of adequate quality and is available for use;
2. 
The reclaimed water may be furnished to such areas at a reasonable cost, comparable to or less than the cost of supplying potable domestic water;
3. 
The State Department of Health Services has determined that such use would not be detrimental to public health; and
4. 
The use of reclaimed water will not adversely affect downstream water rights, will not degrade water quality.
B. 
Following such a determination, the District may assist the customer in obtaining any permits or approvals required for the use of reclaimed water.
(Ord. 32 § 2, 1990; Ord. 49, 7/16/2024)
The Carlsbad Municipal Water District shall monitor the projected supply and demand for water by its customers on a daily basis. The Manager shall determine the extent of the conservation required through the implementation and/or termination of particular conservation stages in order for the Carlsbad Municipal Water District to prudently plan for and supply water to its customers. Thereafter, the Manager may order that the appropriate stage of water conservation be implemented or terminated in accordance with the applicable provision of this chapter. The declaration of any stage beyond Stage 1 shall be made by public announcement and notice shall be published a minimum of three consecutive times in a newspaper of general circulation. The stage designated shall become effective immediately upon announcement. The declaration of any stage beyond Stage 1 shall be reported to the Board of Directors at its next regular meeting. The Board of Directors shall thereupon ratify the declaration, rescind the declaration, or direct the declaration of a different stage.
(Ord. 30 § 7, 1989; Ord. 49, 7/16/2024)
As provided in Water Code Section 377, any violation of this chapter is a misdemeanor. Upon conviction thereof such person shall be punished by imprisonment in the County Jail for not more than thirty days, or by fine not exceeding one thousand dollars, or by both. In addition to any other remedies which the Carlsbad Municipal Water District may have for the enforcement of this chapter, service of water shall be discontinued or appropriately limited to any customer who willfully uses water in violation of any provision hereof.
(Ord. 30 § 8, 1989; Ord. 49, 7/16/2024)