The State Water Resources Control Board (“Water Board”) issued a notice of a public hearing on February 2, 2016 to consider a resolution extending emergency drought regulations. This extension was mandated by Governor Brown and is part of the continued efforts to combat severe drought conditions in California.

Emergency Conservation Background

In response to the continued state of drought, on November 13, 2015, Governor Brown issued Executive Order B-36-15 (EO B-36-15) extending restrictions to urban potable water usage until October 31, 2016, if drought conditions persisted through January 2016. EO B-36-15 was the fifth in a series of Executive Orders by Governor Brown on actions necessary to address California’s severe drought conditions, the last of which directed the State Water Board to mandate water reductions in urban areas by 25 percent statewide. On May 5, 2015, the State Water Board adopted an emergency conservation regulation in accordance with the Governor’s directive, which went into effect on May 18, 2015.

Proposed Rulemaking

On February 2, 2016, the State Water Board will consider a resolution to extend the existing May 2015 Emergency Regulation and maintain many of the same requirements (for a full description click: Fact Sheet). Continuing requirements include: prohibiting certain irrigation practices; ordering all urban water suppliers to reduce their total potable water production; directing distributors of public water supply to reduce potable water consumption; mandating all self-supplied commercial, industrial, and institutional water users to reduce potable water usage; and applying reporting requirements and tools to ensure compliance.

Proposed changes to the May 2015 Emergency Regulation include:

 – Credits and adjustments to urban water suppliers’ conservation standards that consider differences in climate affecting parts of the state; growth experienced by urban areas; and significant investments that have been made by some suppliers toward creating drought-resilient sources of potable water supply.

 – Penalties for homeowners’ associations or community service organizations impeding reduction or elimination of watering vegetation or lawns during a declared drought emergency.

 – Further defining what agricultural uses may be subtracted from a supplier’s potable water production total.

 – Updates to compliance and reporting timelines.

The Water Board prepared these requirements to safeguard urban water supplies in the event of continued drought, prevent risk of waste or unreasonable use of water, and achieve a statewide potable water usage reduction ordered by Governor Brown. The regulations are discussed in detail in the State Water Board’s Emergency Regulations Digest, which is available here: Digest.

Public Hearing on Resolution and Written Comments

The Water Board will hold a public hearing considering the adoption of the extended regulations at its next meeting:

February 2, 2016 at 9:00 a.m.
Coastal Hearing Room – Second Floor
Joe Serna Jr. – CalEPA Building
1001 I Street, Sacramento, CA

Written comments on the proposed regulations must be received by12 noon on Thursday, January 28, 2016. All comments should indicate on the subject line: “2/2/16 Board Meeting – Item 7 (Conservation Extended Emergency Regulation)” and be addressed to:

Jeanine Townsend, Clerk to the Board
State Water Resources Control Board
1001 I Street, 24th Floor
Sacramento, CA 95814

Comment letters may also be submitted electronically in pdf format to the Clerk of the Board via e-mail at commentletters@waterboards.ca.gov.

For more information from the Water Board visit: Emergency Conservation Regulation. We will continue to keep you updated on developments in the drought response and action taken by the State Board.  If you have any questions regarding the proposed regulations, please contact Barbara A. Brenner at (916) 468-0950 or barbara@whitebrennerllp.com.