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)