Legal Alerts

Information on Outdoor Watering and Monthly Water Production Required

By Dec. 15, all small water suppliers in California must file, for the first time, water conservation reports with the State Water Resources Control Board. Over this past summer and fall, the Board has required the state’s 411 large urban water suppliers to provide monthly water production figures under emergency conservation regulations adopted May 5. Now the spotlight is on the state’s small suppliers, defined as those serving fewer than 3,000 connections.

The emergency regulations, which can be found here, came amid a stubborn four-year drought. They were designed to achieve an overall 25 percent reduction in potable urban water use in California. The bulk of the mandatory regulations were aimed at large urban water suppliers, which were required to reduce monthly potable water production by as much as 36 percent. As a result of the regulations, urban water use in California fell by 27.1 percent between June and October, compared with the same time frame in 2013.

The state’s 2,600 small water suppliers were given two choices under the emergency regulations: Either restrict outdoor irrigation to no more than two days per week or reduce total potable water production by 25 percent as compared to 2013. The regulations state that small suppliers must submit a report by Dec. 15 to the Board indicating either compliance with the two-days-per-week limit on watering or data showing monthly potable water production from June through November 2015, and for the same time frame in 2013, to demonstrate a 25 percent reduction.

The Board is now requiring small suppliers to provide both types of information. The Board has launched a new “Small Water Suppliers Reporting Tool” on its website. Small suppliers must use the “tool” to meet the deadline. A guidance document about the reporting requirements can be accessed here. The Board will use the data to determine compliance with the regulations, and from there will determine whether enforcement action is needed.

The emergency drought regulations expire in February. The Board is considering extending them, per an executive order by Gov. Jerry Brown, through Oct. 31. A public workshop will be held Dec. 7 in Sacramento to address the potential extension. Information on the workshop can be found here.

For more information on these regulations and the comment process, please contact 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.