Early this week, the State Water Resources Control Board (State Water Board) approved an emergency regulation to ensure increased water conservation in urban settings by the water agencies and their customers.  The regulation is the first of its kind statewide, and infractions could bring a fine of $500 per day. 

During the course of the hearing many local water agencies expressed concern on a variety of issues, including the endowment of authority at the local level given the infraction is a criminal penalty, the fact that many local agencies have implemented emergency drought regulations that are comparable or superior to the proposed two-day per week watering (such as tiered pricing), and the argument that a number of local agencies have already made substantial progress in water use reduction.  As a result of public comment, the State Water Board made several changes, including clarifying language regarding local authority, prior to the adoption of the regulation.

The regulation will prohibit the following activities:

  • Washing down driveways and sidewalks;
  • Using a hose to wash a motor vehicle, unless the hose is fitted with a shut-off nozzle;
  • The watering of outdoor landscapes that cause excess runoff; and
  • Using potable water in a fountain or decorative water feature, unless the water is recirculated.

The regulation makes an exception for health and safety circumstances.  Violations of the prohibited activities are considered infractions, and local agencies could ask courts to fine water users up to $500 per day for failure to implement water conservation measures.  The regulation will go into effect on or about August 1, 2014, following submittal to the Office of Administrative Law.  The regulation will remain in effect for 270 days, unless extended by the State Water Board due to ongoing drought conditions.

Detailed information regarding the emergency regulations can be accessed here.

For additional information, please contact RCRC Legislative Analyst Nick Konovaloff at (916) 447-4806 or nkonovaloff@rcrcnet.org.