Legal Alerts

Mandatory Water Restrictions Could Run Beyond February, Depending On Rain and Snowfall

The State Water Resources Control Board is contemplating extending the mandatory emergency water restrictions that it imposed throughout California in May due to the drought. The Board has scheduled a Dec. 7 public workshop on the issue and is soliciting input on the regulatory framework that would guide any extension of the water restrictions. The time frame for submitting written comments is brief — they are due Dec. 2.

On May 5, the Board took the historic step of adopting emergency regulations designed to achieve an overall 25 percent reduction in potable urban water use in California. The regulations implemented provisions contained in an Executive Order issued by Gov. Jerry Brown to address the drought. The regulations include mandatory potable water production restrictions of up to 36 percent for many water suppliers. The Board recently announced that the overall regulatory approach has been successful. Between June 2015 and September 2015, the state’s 411 urban water suppliers reduced water use by 28.1 percent, relative to 2013 use in the same months. The regulations and related information can be found here.

The regulations expire in February. The Board is now considering whether to extend the regulations, with possible modifications, depending on the amount of rain and snow that falls in the upcoming winter season. The Board cited the following concerns:

• decreased reservoir levels,
• reduced river flows,
• over-drafted groundwater basins,
• land subsidence,
• dying trees,
• increased wildfire activity,
• water shortages for communities and agriculture,
• degraded fish habitat and
• increased threat of saltwater intrusion to the Sacramento-San Joaquin Bay Delta.

On Aug. 26, Board staff met with a small group of water leaders to explore the concept of extending the regulations. A summary of the meeting can be read here. As a next step, the Board now seeks public input on the following questions related to the extension and possible modification of the emergency regulations:

• What elements of the existing emergency regulations, if any, should be modified if the regulations are extended?
• What additional data, if any, should the Board collect through the emergency regulations and how would it be used?
• How should the Board account for precipitation after January in its implementation of any extension of the emergency regulations?

The Dec. 7 informational workshop will be held at 10 a.m. at CalEPA Headquarters, 1001 I Street, Sacramento. It will include a staff presentation and information on precipitation scenarios followed by public comments and Board member discussion. No formal action will be taken. Written comments are due by noon Dec. 2 and may be submitted to the attention of: Jeanine Townsend, Clerk to the Board, State Water Resources Control Board, 1001 I Street, 24th Floor, Sacramento, CA 94814. Email submissions should be sent to commentletters@waterboards.ca.gov or by fax at 916-341-5620.

For more information on these regulations and the comment process, please contact one of the authors of this legal alert listed at the right in the Environmental Law & Natural Resources practice group, or your BB&K attorney.

Disclaimer: BB&K legal alerts are not intended as legal advice. Additional facts or future developments may affect subjects contained herein. Seek the advice of an attorney before acting or relying upon any information in this communiqué.