Antioch Municipal Code Ch. 6-10 Drought Management Regulations and Water Conservation

(A) The city purchases both raw and treated water from the Contra Costa Water District (CCWD) which the city subsequently treats, distributes and sells to our residential, commercial and industrial customers. In addition, the city does have a pre-1914 “non-statutory” appropriative right that allows the city to take raw water directly from the San Joaquin River when the quality is determined to be suitable for municipal use. Even under the most favorable conditions, the city obtains the largest percentage of our raw water from CCWD.

(B) CCWD is part of the federal water project, Central Valley Project (CVP), controlled by the United States Bureau of Reclamation. CCWD is the largest municipal contractor of the CVP; additionally, the CVP is CCWD's primary source of untreated water.

(C) On March 24, 2009, the City Council adopted Resolution No. 2009/24, declaring a water shortage emergency and directing the preparation of a drought emergency program ordinance, which was adopted as Ordinance No. 2026-C-S on May 26, 2009 and codified as Chapter 10 of Title 6 of the Antioch Municipal Code. The focus of the drought management regulations and 15% water reduction goals would be on reducing outside water use while minimizing impacts on jobs and the economy, as well as ensuring that the city has the resources to pay any excess use penalty imposed by CCWD.

(D) On June 14, 2011, the Council adopted an Urban Water Management Plan, which includes Chapter 5.5, "Water Shortage Contingency Plan," that describes the actions to be taken in the event of various stages of a water supply shortage.

(E) On January 17, 2014, Governor Edmund G. Brown Jr. issued Proclamation No. 1-17-204 declaring a State of Emergency to exist in California due to severe drought conditions and calling on Californians to reduce their water usage by 20% which was continued on April 25, 2014 and implemented by regulations adopted by the State Water Resources Control Board (23 CCR section 863 et seq.). The City Council adopted Resolution No. 2014/79 updating the City's Drought Management Program and reiterated prohibited activities and established a 15% voluntary water reduction goal consistent with CCWD's Drought Management Program established by Resolution No. 14-06.

(F) On April 1, 2015, Governor Brown issued Executive Order B-29-15 requiring further water conservation measures including further regulations from the State Water Resources Control Board applicable to urban water providers including the city and CCWD.

(Ord. 2026-C-S, passed 5-26-09; Am. Ord. 2102-C-S, passed 5-12-15)

By resolution and pursuant to California Water Code § 350 et seq., the City Council may declare a water shortage and implement drought management regulations in accordance with state laws, regulations of CCWD, the city's Urban Water Management Plan or other regulations as needed.

(Ord. 2026-C-S, passed 5-26-09; Am. Ord. 2102-C-S, passed 5-12-15)

A declaration of water shortage may include a mandated reduction amount or allocation of water.

(Ord. 2026-C-S, passed 5-26-09; Am. Ord. 2102-C-S, passed 5-12-15)

(A) At all times, no person shall use any water provided by the city for a nonessential purpose.

(B) For the purposes of this chapter, each of the following is declared a nonessential use of water:

(1) Permitting water to flow onto a sidewalk, driveway or street, or escape down a gutter, ditch or other service drain;

(2) Outside watering that results in excessive flooding or runoff into a gutter, drain, walkway or street;

(3) Using city-furnished water for non-recirculating decorative fountains or filling of decorative lakes or ponds;

(4) Washing of paved or other hard surface areas, including sidewalks, walkways, driveways, patios and parking areas with city-furnished water;

(5) Failing to repair a controllable leak of water; and/or

(6) Using a hose without an automatic shutoff nozzle.

(Ord. 2026-C-S, passed 5-26-09; Am. Ord. 2102-C-S, passed 5-12-15)

By resolution, the City Council may determine whether certain consumption amounts are excessive and beyond an established allocation and thus impose a penalty for such consumption as a violation of the law.

(Ord. 2026-C-S, passed 5-26-09; Am. Ord. 2102-C-S, passed 5-12-15)

(A) Pursuant to a resolution of the City Council declaring a water shortage and/or the need for drought management efforts, the City Manager and/or his designee are hereby authorized to promulgate further rules and regulations further implementing the policies in this chapter and the resolution. The City Manager and/or his designee is also authorized to settle disputes regarding definitions of terms, applicability and other disputes or questions that may arise regarding the implementation of this chapter. Requests for dispute resolution shall be made in writing to the City Manager and/or his designee.

(B) The City Manager and or his designee are also authorized to provide procedures for, and to consider, grant, or deny requests for variances or exceptions to the provisions of this chapter. For example, provisions shall be made for exceptions of this water reduction goal based upon medical needs.

(C) Any appeals shall be made through the appeals process set by Chapter 4 of Title 1 of the Antioch Municipal Code.

(Ord. 2026-C-S, passed 5-26-09; Am. Ord. 2102-C-S, passed 5-12-15)

A violation of any provision of this chapter or any resolution or rule adopted pursuant to this chapter is deemed to be an infraction and subject to the fines set forth in Chapter 5 of Title 1 of the Municipal Code, as well as any remedies set forth in Chapter 2 of Title 1. In addition, a violation of any provision of this chapter or any resolution or rule adopted pursuant to this chapter is deemed a public nuisance pursuant to Chapter 1 of Title 5 of the Antioch Municipal Code and subject to the any remedies available to address a public nuisance.

(Ord. 2102-C-S, passed 5-12-15)