Hi-Desert Water District: Water shortage stages and water use restrictions.

§ 5.70.010 Water shortage stages and water use restrictions.

The waste and unreasonable use of water is prohibited in the state of California. No customer of the district shall knowingly make, cause, use, or permit the use of water from the district for residential, commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this chapter, or in an amount in excess of that use permitted by the conservation stage in effect pursuant to action taken by the district, or its designee, in accordance with the provisions of this chapter. The board identifies the following six water conservation stages as available to meet water shortage conditions in the district. The general manager shall select the appropriate conservation stage and base year with the concurrence of the board, unless the board is unavailable then the general manager's decision shall remain in effect until the next board meeting. Emergency water shortage stages and the corresponding reduction percentages are listed in the tables below for ease of reference.

Stage 1 – Water Alert.

Stage 1 – Water Alert: Savings up to 10%
1. Waste and unreasonable use of water prohibited and voluntary conservation encouraged (up to 10%). 2. Water shortage situation and possible subsequent water shortage stages explained to the public and governmental bodies (up to 10%). 3. Establish customer use baselines. 4. Identify customers with high per capita water usage to achieve proportionally greater reduction than those with low use. 5. Actions may include, but are not limited to: a. Public information campaign consisting of distribution of literature, speaking engagements, website updates, bill inserts, and conversation messages printed in local newspapers. b. Educational programs in area schools. c. Water conservation kits (combined up to 10%). 6. Consumption reduction methods, including: a. Encourage customers to fix leaks or faulty sprinklers promptly (0-1%). b. Decorative water features (water fountains, etc.) to recirculate water and be leak proof (0-1%). c. Direct customers to irrigate landscapes during cooler morning and evening hours to reduce evaporation and minimize landscape runoff (0-5%). d. Landscape watering shall be confined to a user's property and shall not runoff onto adjacent properties, roadsides or gutters (0-5%). e. No landscape watering shall occur while it is raining (0-5%). f. Use a shutoff nozzle on hoses (0-1%). g. Washing down impervious surfaces such as driveways and sidewalks is prohibited unless for public health and safety purposes (0-1%). h. Unauthorized use of hydrants is prohibited. Authorization for use must be obtained from water supplier (0-1%). i. Commercial, industrial, institutional equipment must be properly maintained and in full working order (0-1%). j. Encourage customers to wash only full loads when washing dishes or clothes (0-1%). k. Encourage customers to use pool covers to minimize evaporation (0-1%). l. Encourage restaurants to only serve water to customers on request (0-1%).

Stage 1 – Water Alert: Savings up to 10%

1. Waste and unreasonable use of water prohibited and voluntary conservation encouraged (up to 10%).

2. Water shortage situation and possible subsequent water shortage stages explained to the public and governmental bodies (up to 10%).

3. Establish customer use baselines.

4. Identify customers with high per capita water usage to achieve proportionally greater reduction than those with low use.

5. Actions may include, but are not limited to:

a. Public information campaign consisting of distribution of literature, speaking engagements, website updates, bill inserts, and conversation messages printed in local newspapers.

b. Educational programs in area schools.

c. Water conservation kits (combined up to 10%).

6. Consumption reduction methods, including:

a. Encourage customers to fix leaks or faulty sprinklers promptly (0-1%).

b. Decorative water features (water fountains, etc.) to recirculate water and be leak proof (0-1%).

c. Direct customers to irrigate landscapes during cooler morning and evening hours to reduce evaporation and minimize landscape runoff (0-5%).

d. Landscape watering shall be confined to a user's property and shall not runoff onto adjacent properties, roadsides or gutters (0-5%).

e. No landscape watering shall occur while it is raining (0-5%).

f. Use a shutoff nozzle on hoses (0-1%).

g. Washing down impervious surfaces such as driveways and sidewalks is prohibited unless for public health and safety purposes (0-1%).

h. Unauthorized use of hydrants is prohibited. Authorization for use must be obtained from water supplier (0-1%).

i. Commercial, industrial, institutional equipment must be properly maintained and in full working order (0-1%).

j. Encourage customers to wash only full loads when washing dishes or clothes (0-1%).

k. Encourage customers to use pool covers to minimize evaporation (0-1%).

l. Encourage restaurants to only serve water to customers on request (0-1%).

Stage 2 – Moderate Water Shortage.

Stage 2 – Moderate Water Shortage: Savings up to 20%
1. All measures implemented in Stage 1. 2. Voluntary conservation usage reductions (up to 20%). 3. Mandatory conservation rules and restrictions and some prohibitions on end uses (10-20%). 4. Water use penalties under HDWDC § 5.70.020 available. 5. All consumption reduction methods from Stage 1 and intensified as needed; additionally: a. Voluntary outdoor irrigation restrictions including limiting number of watering to three days per week, and time when irrigation can occur (e.g., between 7:00 p.m. and 10:00 a.m.). Plant containers, trees, shrubs and vegetable gardens may be watered additional days using only drip irrigation or hand watering (5-10%). b. Fix leaks or faulty sprinklers within seven days (0-1%). c. Restaurants serve water only upon customer request (up to 1%). d. Pool covers required (up to 5%). e. Nonessential potable water uses strongly discouraged (up to 20%). f. No restrictions on landscape watering with nonpotable water. g. Assess customer usage against baseline (up to 20%).

Stage 2 – Moderate Water Shortage: Savings up to 20%

1. All measures implemented in Stage 1.

2. Voluntary conservation usage reductions (up to 20%).

3. Mandatory conservation rules and restrictions and some prohibitions on end uses (10-20%).

4. Water use penalties under HDWDC § 5.70.020 available.

5. All consumption reduction methods from Stage 1 and intensified as needed; additionally:

a. Voluntary outdoor irrigation restrictions including limiting number of watering to three days per week, and time when irrigation can occur (e.g., between 7:00 p.m. and 10:00 a.m.). Plant containers, trees, shrubs and vegetable gardens may be watered additional days using only drip irrigation or hand watering (5-10%).

b. Fix leaks or faulty sprinklers within seven days (0-1%).

c. Restaurants serve water only upon customer request (up to 1%).

d. Pool covers required (up to 5%).

e. Nonessential potable water uses strongly discouraged (up to 20%).

f. No restrictions on landscape watering with nonpotable water.

g. Assess customer usage against baseline (up to 20%).

Stage 3 – Severe Water Shortage.

Stage 3 – Severe Water Shortage: Savings up to 30%
1. All measures implemented in Stages 1 and 2. 2. Some or all of the following: a. Adherence to customer baselines and actual water use reductions, water allocations and mandatory conservation rules (20-30%). b. Customer water usage in excess of baseline to be monitored and recorded. c. Water use prohibitions can include restrictions of days and daytime hours for watering, excessive watering resulting in gutter flooding, using a hose without a positive shutoff device, use of decorative fountains with nonrecirculating pumps, washing down sidewalks or patios, not repairing leaks in a timely manner, etc. (up to 30%). 3. All activities are intensified and production is monitored daily for compliance with necessary reductions from customer baseline (up to 30%). 4. Water use penalties under HDWDC § 5.70.020 available. 5. All consumption reduction methods from Stage 2 and intensified as needed; additionally: a. Fix leaks or faulty sprinklers within three days (0-1%). b. Decorative water features that use potable water must be drained and kept dry (0-1%). c. Car washing is only permitted using a commercial carwash that recirculates water or by high pressure/low volume wash systems (0-1%). d. 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) (0-1%). e. With the exception of landscapes watered with nonpotable water, limit the installation of new landscaping to drought tolerant trees, shrubs and groundcover. Prohibit installation of new turf or hydroseed. Customers may apply for a waiver to irrigate during an establishment period for the installation of new turf or hydroseed. (0-1%). f. During warm/dry season: up to two days per week turf watering when using potable water (5-20%). Cool/wet season: turf shall not be watered unless utilizing nonpotable water during extended dry spells (1-5%). g. Mandatory rationing (up to 30%).

Stage 3 – Severe Water Shortage: Savings up to 30%

1. All measures implemented in Stages 1 and 2.

2. Some or all of the following:

a. Adherence to customer baselines and actual water use reductions, water allocations and mandatory conservation rules (20-30%).

b. Customer water usage in excess of baseline to be monitored and recorded.

c. Water use prohibitions can include restrictions of days and daytime hours for watering, excessive watering resulting in gutter flooding, using a hose without a positive shutoff device, use of decorative fountains with nonrecirculating pumps, washing down sidewalks or patios, not repairing leaks in a timely manner, etc. (up to 30%).

3. All activities are intensified and production is monitored daily for compliance with necessary reductions from customer baseline (up to 30%).

4. Water use penalties under HDWDC § 5.70.020 available.

5. All consumption reduction methods from Stage 2 and intensified as needed; additionally:

a. Fix leaks or faulty sprinklers within three days (0-1%).

b. Decorative water features that use potable water must be drained and kept dry (0-1%).

c. Car washing is only permitted using a commercial carwash that recirculates water or by high pressure/low volume wash systems (0-1%).

d. 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) (0-1%).

e. With the exception of landscapes watered with nonpotable water, limit the installation of new landscaping to drought tolerant trees, shrubs and groundcover. Prohibit installation of new turf or hydroseed. Customers may apply for a waiver to irrigate during an establishment period for the installation of new turf or hydroseed. (0-1%).

f. During warm/dry season: up to two days per week turf watering when using potable water (5-20%). Cool/wet season: turf shall not be watered unless utilizing nonpotable water during extended dry spells (1-5%).

g. Mandatory rationing (up to 30%).

Stage 4 – Critical Water Shortage.

Stage 4 – Critical Water Shortage: Savings up to 40%
1. All measures implemented in Stages 1 through 3. 2. All activities are intensified and production is monitored daily for compliance with necessary reductions from customer baseline (up to 40%). 3. All consumption reduction methods from Stage 3 and intensified as needed; additionally: a. Fix leaks or faulty sprinklers within one day (0-1%). b. Existing pools shall not be emptied and refilled using potable water unless required for public health and safety purposes (0-1%). c. Water use for new landscape installations or renovations is not authorized (0-1%). d. Previous waivers for watering during an establishment period will be revoked (0-1%). e. Warm/dry season outdoor irrigation: up to one day per week turf watering when using potable water (10-30%). Cool/wet season: turf shall not be watered unless utilizing nonpotable water during extended dry spells (1-5%). 4. Water use penalties under HDWDC § 5.70.020 available.

Stage 4 – Critical Water Shortage: Savings up to 40%

1. All measures implemented in Stages 1 through 3.

2. All activities are intensified and production is monitored daily for compliance with necessary reductions from customer baseline (up to 40%).

3. All consumption reduction methods from Stage 3 and intensified as needed; additionally:

a. Fix leaks or faulty sprinklers within one day (0-1%).

b. Existing pools shall not be emptied and refilled using potable water unless required for public health and safety purposes (0-1%).

c. Water use for new landscape installations or renovations is not authorized (0-1%).

d. Previous waivers for watering during an establishment period will be revoked (0-1%).

e. Warm/dry season outdoor irrigation: up to one day per week turf watering when using potable water (10-30%). Cool/wet season: turf shall not be watered unless utilizing nonpotable water during extended dry spells (1-5%).

4. Water use penalties under HDWDC § 5.70.020 available.

Stage 5 – Water Shortage Crisis.

Stage 5 Water Shortage Crisis: Savings up to 50%
1. All measures implemented in Stages 1 through 4. 2. Source of supply for the system is severely curtailed to the level that requires each customer to restrict their water use for only human health and safety purposes (up to 50%). 3. All activities are intensified and production is monitored daily for compliance with necessary reductions from customer baseline (up to 50%). 4. All consumption reduction methods from previous stages and intensified as needed. 5. Update current water shortage condition response measures based on board approvals and direction, state policy directives, emergency conditions, or to improve customer response. 6. Water use penalties under HDWDC § 5.70.020 available. 7. Catastrophic event (supply reduction up to 50%): implement applicable actions for catastrophic events (such as boil water order).

Stage 5 Water Shortage Crisis: Savings up to 50%

1. All measures implemented in Stages 1 through 4.

2. Source of supply for the system is severely curtailed to the level that requires each customer to restrict their water use for only human health and safety purposes (up to 50%).

3. All activities are intensified and production is monitored daily for compliance with necessary reductions from customer baseline (up to 50%).

4. All consumption reduction methods from previous stages and intensified as needed.

5. Update current water shortage condition response measures based on board approvals and direction, state policy directives, emergency conditions, or to improve customer response.

6. Water use penalties under HDWDC § 5.70.020 available.

7. Catastrophic event (supply reduction up to 50%): implement applicable actions for catastrophic events (such as boil water order).

Stage 6 – Emergency Water Shortage.

Stage 6 Emergency Water Shortage: Savings greater than 50%
1. All measures implemented in Stages 1 through 5. 2. Source of supply for the system is severely curtailed to the level that requires each customer to restrict their water use for only human health and safety purposes. Customer rationing may be implemented (>50%). 3. All activities are intensified and production is monitored continually for compliance with necessary reductions from customer baseline (more than 50%). 4. All consumption reduction methods from previous stages and intensified as needed. 5. Update current water shortage condition response measures based on board approvals and direction, state policy directives, emergency conditions, or to improve customer response. 6. Catastrophic event (supply reduction greater than 50%): implement applicable actions for catastrophic events.

Stage 6 Emergency Water Shortage: Savings greater than 50%

1. All measures implemented in Stages 1 through 5.

2. Source of supply for the system is severely curtailed to the level that requires each customer to restrict their water use for only human health and safety purposes. Customer rationing may be implemented (>50%).

3. All activities are intensified and production is monitored continually for compliance with necessary reductions from customer baseline (more than 50%).

4. All consumption reduction methods from previous stages and intensified as needed.

5. Update current water shortage condition response measures based on board approvals and direction, state policy directives, emergency conditions, or to improve customer response.

6. Catastrophic event (supply reduction greater than 50%): implement applicable actions for catastrophic events.

(Res. 14-22 § 3; Res. 15-09 § 2; Res. 21-12 (Exh. A))

§ 5.70.020 Penalty for violation.

The penalties for violating the prohibitions and restrictions set forth in HDWDC § 5.70.010 are set forth below in this section. When the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to health or safety, and is a continuing violation of this chapter, the person, whether an individual, legal entity, trust or other legal person, responsible for the violation shall be given a reasonable period of time, with the amount of such period determined by the individual permitted to enforce the provisions of this chapter, to correct or otherwise remedy the violation prior to the imposition of any administrative fine or penalty permitted by this chapter.

First Violation – Written Notice. The district shall provide the person responsible for a violation of any provision of HDWDC § 5.70.010 with a written notice of the violation. Such notice may include, for example and not by way of limitation, the following information: (1) the water conservation stage and restrictions that are in effect; (2) actions required for compliance in order to prevent future violations; and (3) penalties and enforcement actions which may be imposed for future violations.

Second Violation. A fine will be imposed in the amount of $25.00 which will be added to the customer's water service bill. In addition, the district may provide a written warning of the installation of a flow restriction device or possible shutoff upon a third violation. Further, upon a commercial or multifamily service receiving the subject second violation, the district may install an irrigation meter and, within 20 days of such installation, the commercial or multifamily service must have undertaken to install all the necessary connections to the irrigation meter.

Third Violation. A fine will be imposed in the amount of $50.00 which will be added to the customer's water service bill. In addition, the general manager or his/her designee may direct the installation of a flow restriction device or shutoff of service for a period of no less than 48 hours.

Fourth Violation and Any Subsequent Violation. A fine will be imposed in the amount of $100.00 which will be added to the customer's water service bill.

In the event of any violation after the fourth violation, the general manager, or his/her designee, may determine, in his/her reasonable discretion, that the continued violation of the restrictions warrant the initiation of procedures for the termination of water service pursuant to Hi-Desert Water District's rules, regulations, and any other similar provision governing the district's provision of water service to the customer.

(Res. 14-22 § 4)

§ 5.70.030 Appeal.

Any person wishing to appeal parts of this chapter shall do so in writing to the district.

The conservation coordinator shall review and make decisions on the granting of the appeal and the issuance of a variance.

If an applicant for appeal disagrees with the decision, the request may be appealed to the general manager.

If the general manager and the applicant are unable to reach an accord, then the request for appeal shall be heard by the conservation committee of the board of directors who shall then refer it to the board of directors at a regularly scheduled meeting with a recommendation for approval or denial.

All appeals shall be reported monthly to the board of directors as part of the manager's report.

(Ord. 68 § 5, 1992)

§ 5.70.040 Future restrictions.

All users of water within the district's service area are hereby put on notice that further prohibitions and restrictions may hereafter become necessary, and that such users shall be subject to all further prohibitions, restrictions, rules and regulations as may be imposed.

Such changes may be instituted by resolution and shall not require the rescinding of this chapter as a whole but shall allow the change, through resolution, of parts.

Subsequent emergency orders shall supersede parts of this chapter when there is a conflict.

(Ord. 68 § 6, 1992)

§ 5.70.050 Definitions.

The terms "user," "consumer" and "customer" used herein shall apply to every person, firm, partnership, association, corporation, county, state or local agency, political subdivision, district or entity of every kind within the district service area except the Hi-Desert Water District.

(Ord. 68 § 7, 1992)

§ 5.70.060 Purpose and intent.

It is the purpose and intent of this chapter to limit the use of water to beneficial purposes only and to prohibit and restrict the unnecessary and wasteful use of water except to the extent expressly authorized by the terms of this chapter.

(Ord. 68 § 8, 1992)

§ 5.70.070 Chapter controlling.

The provisions of this chapter shall prevail and control in the event of any inconsistency between this chapter and any other rule, regulation or code of this district, except as later amended by resolution or emergency rule.

(Ord. 68 § 9, 1992)