East Palo Alto Municipal Code Art. I Purpose and Definitions

This chapter is intended to promote reasonable conservation of water in the city consistent with maintaining a comfortable standard of living and a healthy economy. It provides a framework for the orderly and timely implementation of reasonable water conservation measures by the different elements of the city's economy. This chapter also carries out certain provisions of the Water Code of the state as embodied in Article XIV, Section 3 of the Constitution of the state which states that maximum beneficial use of the water resources of the state is necessary to prevent the waste or unreasonable use, or unreasonable method of use, of water. This chapter further implements the provisions of the conservation element of the comprehensive water resources management plan for San Mateo County as adopted by the San Mateo County board of supervisors on June 20, 1978.

It is recognized that stricter water conservation measures may be necessary during a future drought or water shortage emergency. Such further measures should not penalize water users for past conservation practices, nor should implementation of water conservation measures constitute a new basis to determine future reduction in case of a declared water shortage emergency. No provision in this chapter is intended to supersede any rule or regulation of the Public Utilities Commission of the state.

Sections 17.04.030, 17.04.040, 17.04.050 and 17.04.140 shall apply only to water agencies administered by the city council of East Palo Alto.

(Prior code § 6-7.101)

The following words and terms as used in this chapter shall have the following meanings:

"Applied water" means water delivered to a user; also called delivered water. Applied water may be used for either inside uses or for outside watering. It does not include precipitations or distribution losses. It may apply to metered or unmetered deliveries.

"Commercial establishment" means establishments providing services, engaged in the fabrication of structures or other fixed improvements, or otherwise occupied in nonmanufacturing profit motivated activities. Examples are retail stores, restaurants, entertainment facilities and home building concerns.

"Commercial water use" means water used by a commercial establishment.

"Domestic use" means all inside and outside uses of water associated with residential use; water used by commercial and industrial establishments other than in their product manufacture.

"Establishment" means an economic unit which produces goods or services, such as a farm, a factory or a store. In most instances, the establishment is in a single physical location, and is engaged in only one, or predominantly one, type of economic activity.

"Evapotranspiration (ET)" means the process of water returning to the atmosphere through evaporation from land and water surfaces and through transpiration of plants.

"Farm ditch efficiency" means the percent of the total volume of water supplied to the farm which is applied to the fields (a measure of distribution losses.)

"Flat rate water" means water sold to customers at a fixed rate irrespective of quantity used.

"Industrial establishment" means an establishment engaged in the mechanical or chemical transformation of inorganic or organic substances into new products, and usually described as plant, factories or mills, which characteristically use power-driven machines and materials-handling equipment. Establishments engaged in assembling component parts of manufactured products are also considered manufacturing establishments if the new product is neither a structure nor other fixed improvement.

"Industrial water use" means water used by an industrial establishment in the process of their product manufacture.

"Inside water use" means that part of the water delivery used within a home, commercial establishment, or manufacturing establishment for any purpose; also called "internal water use."

"Leaching requirement (LR)" means the fraction of the irrigation water that must pass through the root zone in order to prevent soil salinity from reaching a level that would result in reduced growth to crops, trees, gardens or landscape plants.

"Metered water" means water sold to customers on the basis of actual measured use; does not include losses in distribution.

"Net water use" means the sum of delivered water consumptively used or otherwise not recoverable.

"Outside water use" means the use of water for irrigation of gardens, lawns, and other ornamentals, and for replenishing swimming pools, fountains, ponds, car washing, etc., also called external water use.

"Pool cover" means an installation over or on a swimming pool and hot tubs which is used to minimize water evaporation.

"Precipitation" means the total measurable supply of all natural forms of water falling on the land area, including dew, rain, mist, snow, hail and sleet; usually expressed as depth of liquid water on a horizontal surface on a daily, monthly or yearly basis.

"Public facilities" means all structures, parks and public places, other than open space, engaged either in serving the public or in providing a public use.

"Public water use" means water use associated with public facilities.

Reasonable Use. "Reasonable use" of water involves the application of sufficient applied water to meet demands of a designated beneficial use in a manner consistent with efficiency, public health and sanitation concerns, current technology and local economic conditions. During dry years, practical and economically feasible means should be taken to minimize applied water use and incidental losses. During periods of normal water supplies, reasonable urban water uses include, but are not limited to, the following beneficial uses:

1. The use of water for interior household purposes to maintain personal standards of cleanliness and sanitation;

2. The use of water for exterior household purposes to maintain personal standards of exterior cleanliness, landscaping and recreational facilities;

3. The use of water for commercial purposes to maintain the services offered and to satisfy the health, esthetic and safety needs of both employees and the public;

4. The use of water for industrial purposes, including cooling, processing and other production related needs, and to satisfy health, esthetic and safety needs of the employees;

5. The use of sufficient water to maintain community services including, but not limited to, public safety, including fire fighting; schools and institutions; transportation systems; public streets and buildings; water supplies; sewage and garbage disposals; recreational and esthetic enjoyment areas such as parks, swimming pools, lakes, streams, golf courses and landscaping.

"Recirculation" means the reuse of water within a partially or completely closed system of pipes and appliances without the benefit of treatment, where its quality, other than its temperature, may not be altered.

"Reclaimed water" means the collection and appropriate treatment of used water to bring it to a quality suitable for reuse.

"Recycle" means the recovery of water suitable for reuse without treatment.

"Residential water use" means all inside and outside uses of water associated with residential areas.

"Service area" means the area of land included in the distribution system of a water agency.

"Type of water use" means a distinction of water use based on either a kind of land use (recreational, residential, commercial, etc.) or a kind of water use (outside use, personal use, swimming pool use, dishwashing use, etc.)

"Unaccounted for water" means the difference between the quantity of water introduced into the system and the quantity delivered to the eventual consumer; usually expressed as a percentage of water introduced into the system.

"Unit water use" means the average quantity of water used per person, acre, etc., over a specified period of time.

"Unreasonable use (waste)" means failure to take appropriate measures to minimize excess application and incidental losses of water. Examples of waste are excessive runoff from irrigation or from broken plumbing.

"Unreclaimable water" means used water which is uneconomical to reclaim due to its location, or physical or chemical quality.

"Urban water use" means the use of water for urban purposes, including residential, municipal, commercial, industrial, recreational, military and institutional classes. The term is applied in the sense that it is a kind of use rather than a place of use; includes delivered water and unaccounted for water.

"Water agency" means the East Palo Alto water district; water agency organized, founded or established to produce and distribute water directly or indirectly to customers.

"Water application efficiency" means the percentage of the volume of water delivered to the farm or farms by a conveyance system to the volume of water delivered to the conveyance system at the supply source.

"Water produced" means the total water introduced into a system or the sum of applied water and unaccounted for water.

(Prior code § 6-7.102)