Hesperia Municipal Code Ch. 14.04 Water Service

The applicant may apply for as many services as may be reasonably required for the applicant's premises, provided that the pipeline for each service is independent of the pipeline for other services, that the pipelines are not interconnected, have applicable back-flow devices installed, and that the district has water available to provide the service or services for which application is made.

(Ord. No. 2011-06, § 4(Exh. A), 7-19-11)

For the owner's convenience or use, a customer shut-off valve may be installed on the owner's side of the service installation, to control the flow of water to the piping on his premises. The owner or customer shall not use the district's curb stop to turn on and off for his convenience. Failure to comply with this regulation may result in disconnection of water service. The responsibility to install, maintain or repair installed customer shut-off valve behind the meter is that of the property owner, at his expense; provided, this provision does not excuse compliance with all other applicable district laws and regulations.

(Ord. No. 2011-06, § 4(Exh. A), 7-19-11)

No customer shall use the curb stop, unless specifically authorized by the district. Upon authorization, a curb stop key must be used to operate a valve; any damages incurred are at the customer's expense.

(Ord. No. 2011-06, § 4(Exh. A), 7-19-11)

A. The district shall not be liable for damage which may result from an interruption in service for any reason.

B. Maintenance of Water Pressure and Shutting Water Off For Emergency or Repairs. The district shall not accept or assume any responsibility for the maintenance of pressure and reserves the right to disconnect service while making emergency or other repairs. Customers are responsible for installing and maintaining a pressure regulator valve. Customers dependent upon a continuous supply shall have sole responsibility for providing emergency storage.

(Ord. No. 2011-06, § 4(Exh. A), 7-19-11)

A. The district shall determine liability for any damage to an existing waterline or facility resulting from failure to exercise reasonable care to protect said facilities. Once liability is determined the district reserves the right to require those at fault to make the necessary repairs and/or pay reimbursement for associated cost incurred by an individual, contractor, or owner.

B. This section shall not be deemed to relieve the district from identifying main lines or other facilities on its plans and specifications.

1. Prior to the start of construction, the individual, contractor or owner, shall contact the district by utilizing the current line locating agency to have all underground facilities marked.

2. The individual, contractor or owner is responsible to protect all existing facilities from damages during construction and is responsible for the proper compaction of the district's trench-lines that may be intersected.

3. The individual, contractor or owner is responsible for the job site safety of all personnel and property during the entire duration of construction until the project is finalized by the proper authority of the district.

(Ord. No. 2011-06, § 4(Exh. A), 7-19-11)

When turning on water supply as requested to a house or property, the district will endeavor to ascertain if water is running. If such is found to be the case, the water will be left shut off at the curb stop or customer shut-off valve. The district's jurisdiction and responsibility ends at the meter or check valve and the district shall in no case be liable for resulting damages by water running from open, faulty fixtures or from broken or damaged pipes inside the property line.

(Ord. No. 2011-06, § 4(Exh. A), 7-19-11)

Whenever a service connection is not located as shown on district as-built maps, district personnel shall assist to the extent reasonably possible to determine the location of the service connection by use of surface and underground line detectors. However, the district shall bear no expense for equipment, excavation and/or labor expenses incurred by any person in determining the location of district lines and other facilities.

(Ord. No. 2011-06, § 4(Exh. A), 7-19-11)

Before a service connection, which is shown to exist on district maps, is determined to be non-existent, the person attempting to locate the service connection shall contact the district for a determinationrelative to the amount of digging and/or research to be required of the person in locating the service connection. The district shall not be liable for any expenses for equipment, excavation, and/or labor incurred by any person in determining the existence of any lines or other facilities.

(Ord. No. 2011-06, § 4(Exh. A), 7-19-11)

A. The owner shall comply with state and federal laws enforcing the installation of backflow prevention assemblies to protect the public potable water supply from the danger of cross connections. Backflow prevention assemblies must be installed directly downstream from the service and shall be open to test and inspection by the district at all times. Plans for installation of backflow prevention assemblies must be approved by the district prior to installation. Whenever backflow protection has been found necessary on a water supply line entering an owner's premises, then any and all water supply lines from the district's mains entering such premises, building, or structures shall be protected by an approved backflow prevention assembly, regardless of the use of the additional water supply lines.

B. Backflow Prevention. Only those backflow prevention assemblies that meet the requirements below will be accepted by the District.

(1) Standards found in Chapter 10 of the Manual of Cross-Connection Control, Tenth Edition, published by the University of Southern California Foundation for Cross-Connection Control and Hydraulic Research; or

(2) certification requirements for backflow prevention assemblies in the Standards of American Society of Sanitary Engineering (ASSE) International current as of 2022 that include ASSE 1015- 2021 for the DC, ASSE 1048-2021 for the DCDA and DCDA-11, ASSE 1013-2021 for the RP, and ASSE 1047-2021 for the RPDA & RPDA-11 and must have the 1YT mark.

The type of backflow prevention assembly that may be required (listed in decreasing level of protection) includes: Air Gap Separation (A.G.), Reduced Pressure Principle Backflow Prevention Assembly (R.P.), Double Check Valve Assembly (D.C.), for fire services, Reduced Pressure Detector Assembly (R.P.D.A.), and Double Check Detector Assemblies (D.C.D.A.). The water user may choose a higher level of protection then required by the district. The minimum types of backflow protection required to protect the public potable water system at the user's water connection to premises with varying degrees of hazard are listed in APPENDIX D of the State Water Resources Control Board Cross-Connection Control Policy Handbook.

Situations which are not covered in APPENDIX D of the State Water Resources Control Board Cross-Connection Control Policy Handbook shall be evaluated on a case by case basis and the appropriate backflow protection shall be determined by the district. In special circumstances when the owner is engaged in the handling of especially dangerous corrosive liquids, industrial or processed water the owner shall be required to install an air gap separation as an additional precaution as a protection to the district's water supply.

A list of approved backflow prevention assemblies will be provided at request to any affected customer. Backflow prevention assemblies shall be installed in a manner prescribed in the district's policy and procedures document. Location of the assemblies shall be as close as practical to the user's connection. The district shall have the final authority in determining the required location of a backflow prevention assembly.

C. Testing Backflow Prevention Assemblies. The district may inspect and test backflow prevention assemblies at random. Testing of backflow prevention assemblies shall be conducted only by certified testers. A list of certified testers will be provided to any affected customer. Testing of the assemblies shall be the responsibility of the water user. Backflow prevention assemblies will be tested at least annually and immediately after installation, relocation, or repair. More frequent testing may be required if deemed necessary by the district. Assemblies shall be serviced, overhauled, or replaced whenever they are found to be defective and all costs of repair, maintenance, and testing shall be borne by the water user. Approval must be obtained from the Hesperia Water District prior to removing, relocating, or replacing a backflow prevention assembly.

D. Termination of Service. Unprotected cross connections are prohibited. An appropriate backflow prevention assembly shall be installed, tested and maintained by and at the expense of the water user, at each user connection where required to prevent backflow from the water users premises to the public potable water system. It shall be the water user's responsibility to comply with the district's requirements. Failure to comply with the district requirements shall be cause for water service termination to the premises until corrective actions have been taken. The service of water to any premises may be immediately disconnected by the district if any defect is found in the backflow prevention assembly or if it is found that dangerous unprotected cross connections exist. Service will not be restored until such defects are corrected.

E. Hazard Assessment. To evaluate the potential for backflow into the public potable water supply, the District must conduct an initial hazard assessment of all user's premises within its service area, excluding existing single and multi-family residences. Each hazard assessment must identify the degree of hazard to the distribution system as either a high hazard cross-connection, a low hazard cross-connection, or having no hazard.

Subsequent to the initial hazard assessment, the District must perform a hazard assessment under the following criteria:

(1) if a user premises changes account holder, excluding single and multi-family residences;

(2) if a user premises is newly connected, or re-connected, to the public water system, excluding existing single and multi-family residences;

(3) if evidence exists of changes in the activities or materials on a user's premises, excluding single and multi-family residences;

(4) if backflow from a user's premises occurs;

(5) if found in violation of any of the following sections of Title 8, Chapter 32.03 of the Hesperia Municipal Code.

A. Open, unused, or abandoned wells, pools, ponds, pits, shafts, and other unsafe and/or unsecured situations;

B. Any hazardous or infectious material including, but not limited to, explosives, dangerous substances, toxic substances, sewage, human waste, gray water and infectious wastes, not kept with appropriate permits. Gray water shall be used in compliance with state law;

C. Other conditions which may be detrimental to public health and safety as defined in the California Health and Safety Code;

D. Any pool, pond or body of water which contains excessive or unhealthy levels of bacterial or algal growth, remains of animals or insects, refuse, debris, or any other foreign matter which may cause an unhealthy or unsafe condition.

(6) Hazard assessments, will also be performed periodically for commercial and industrial land uses, as identified in the District's Cross-Connection Control Plan.

(Ord. No. 2011-06, § 4(Exh. A), 7-19-11; Ord. No. 2025-02, § 2(Exh. A), 7-15-25)

A. Application for Service.

1. No water service shall be made to a new connection except upon written application. Said application shall be in a form provided by the district and shall contain such information required by the district.

2. No water service connection or reconnection shall be made upon the application of, or for service to, any person against whom a delinquent bill for service or other charges owed to the district and/or city remains unpaid.

3. When the premises to which water is to be furnished does not have a meter for use on said premises, the applicant shall pay an installation charge based on all costs of installation, including meters and appurtenances. Where a regular charge has been fixed for the type of service installation desired, such regular charge shall be paid by the applicant in advance of water service. Where there is no regular charge the district reserves the right to require the applicant to deposit an amount equal to the estimated cost of such service installation.

B. Installation of Services. Service installations will be made only to premises abutting distribution mains located in public streets, alleys or easements, or to extensions thereof as herein provided. Services installed in new subdivisions prior to the construction of streets or in advance of street improvements must be accepted by the applicant in the installed location. If lot or street design or alignment is changed after installation, the cost of any relocation of water or service facilities shall be borne by the owner or applicant.

C. Changes in Customer's Equipment. If a customer makes any material change in the size, character or extent of the type of use or service, equipment or operations resulting in a significant increase in the use of water, or if the district discovers any change, written notice shall immediately be given to the district of the nature of the change, and where necessary, any application shall be appropriately amended, and rates and charges shall be adjusted accordingly.

D. Service Size and Location. The district reserves the right to determine the size of service connections and their location with respect to the boundaries of the premises to be served. The installation of customer's pipeline to the curb should not be done until the location of the service connection has been approved by the general manager or his authorized representative.

E. Curb Stop. Every service connection installed by the district shall be equipped with a curb stop on the inlet side of the meter.

F. Service Connection. It shall be unlawful to maintain a connection except in conformity with the following rules:

1. Separate Building. Each dwelling unit under separate ownership or control must be provided with a separate service connection. Upon application, the district may permit two or more dwelling units under one ownership or control and on the same lot or parcel of land to be supplied through the same service connection. The district reserves the right to limit the number of dwelling units or the area of land under one ownership or control which may be supplied by one service connection and may require a separate service for each dwelling unit or building. When two or more meters are utilized for service, on one parcel or lot, an approved backflow device will be installed at the owner's expense.

2. Different Owners of Adjoining Property. The same service connection shall not be used to supply adjoining property of different owners or to supply property of the same owner located on two sides of a street or alley.

3. Divided Property. When property provided with a single service connection is subsequently divided, the original service connection shall be considered as belonging to the lot or parcel of land which it directly enters. Each property newly formed by said division, will require a new separate service connection.

G. Service Equipment. The service connections extending from the water main to the property line, including the meter, meter box, check valve and curb stop, shall be the property of the district and shall be maintained by the district. All pipes and fixtures extending or lying beyond the discharge side of the meter or check valve shall be installed and maintained by the owner of the property.

H. Service Outside District. Water service to lands located outside of the boundaries of the district shall be subject to approval of the board. The board shall establish additional charges for such service as it may deem appropriate.

(Ord. No. 2011-06, § 4(Exh. A), 7-19-11)

A. System Requirements. At the time of designing, developing, subdividing, or re-subdividing any tract or parcel of land within the district, the owners of said tract or parcel of land shall, at their own expense, provide for such water wells, reservoirs, pumps, water mains, main line extensions, valves, service connections, fire hydrants, and appurtenances as the district, in its discretion, deems necessary for the distribution of water to each lot, piece, or parcel of land. The service shall be carried to the lot line and clearly marked on the property. All such system improvements shall be designed and constructed pursuant to district standards and formally dedicated to the district for maintenance and operation.

B. Existing Facilities. Whenever land is to receive water service from the district, any existing water wells, mains and deeds or easements needed therefor, together with necessary appurtenances thereto, shall be deeded or conveyed to the district in consideration of the approval by the district of any request for water service to such subdivision or development. Said deed or conveyance to the district shall be properly executed and delivered before the request will be approved by the district.

(Ord. No. 2011-06, § 4(Exh. A), 7-19-11)

A. Installation. Meters shall be installed pursuant to district standards within public rights-of-way or easements and as near to the property line as practicable and shall be owned and installed by the district. All meters may be sealed by the district and no seal shall be altered or broken except by an authorized employee or agent of the district.

B. Change in Location. Meters moved for the convenience of the customer shall be relocated at the expense of the customer. Meters moved for the convenience of the district and to protect the property of the district shall be relocated at the expense of the district.

C. Change in Size. When a customer requests to have a larger meter size replace an existing service, and the difference in size is compatible with existing service lines, the capital facilities charge will be the difference between the two meter sizes. A time limit of thirty (30) days will be given to connect the new service and disconnect the old service. If the old service is not disconnected within thirty (30) days, customer must pay the balance of the new service capital facilities charge and pay the service charge and consumption for both meters.

If a down size of meter service is requested by a water customer, the change-out will be made subject to approval by the district. A capital facility refund is not available in reduction of meter sizes.

D. Fast Meters. If a meter tested at the request of an owner or customer is found to be more than one and one-half percent fast, the excess charges shall be refunded to the owner or customer requesting the test either for the time service was rendered or for a period of twelve (12) months, whichever shall be the lesser.

E. Slow Meters. If a meter tested at the request of an owner or customer is found to be more than five percent slow, the district shall bill the owner or customer for the amount of the undercharges, either for the time service was rendered or for a period of twelve (12) months, whichever shall be the lesser.

F. Non-Registering Meters. If a meter is found not to be registering, the consumption charges shall be based upon the estimated consumption as defined in Section 14.02.080(B)(2).

G. Locked Meters. All meters which are locked by the district shall not be altered or unlocked except by an authorized employee or agent of the district.

H. Emergency Meter Repair. Cost for emergency meter repairs required as a result of damages originating on the premises by acts of the owner, tenants, employees, permittees or others will be assessed to the owner or customer, and will be due and payable upon presentation.

These charges will consist of, but not be limited to, material and labor charges, administration and/or legal cost, and will be adjusted periodically as required.

I. Meter Box Resets. In the event an owner, tenants, agents, employees, permittees, or others remove a meter box from the meter location for any reason and the district is required to reset said box, a charge determined by the board of the district will be levied and paid by the owner or customer. Should the box be damaged in any way while being removed or after removal the district will also levy an additional charge to cover the replacement cost or cost to repair the damaged box.

J. Maintenance. All district property can be maintained or replaced as needed or at the discretion of the district without prior notification.

(Ord. No. 2011-06, § 4(Exh. A), 7-19-11)

A. Use of Fire Hydrants. Fire hydrants are for use by the district or by organized fire protection agencies pursuant to contract with the district. Other parties desiring to use fire hydrants for any purpose must first obtain written permission from the district prior to the use and shall operate the hydrants in accordance with instructions issued by the district. Unauthorized use of hydrants is unlawful and shall constitute a public nuisance.

B. Hydrant Charges. A charge, determined by contract between the district and organized fire protection agencies, may be imposed for hydrant maintenance. No charge will be made for water used for public fire protection.

C. Moving of Fire Hydrants. When a fire hydrant has been installed in the location specified by the proper authority, the district has fulfilled its obligation. If a property owner or other party desires a change in the size, type, or location of the hydrant, he shall bear all costs of such changes, without refund. Any change in the location of a fire hydrant shall first be approved by the proper authority, and the district shall first be notified of the proposed change.

(Ord. No. 2011-06, § 4(Exh. A), 7-19-11)

A. Non-Residential and Multiple-Family Residential Systems (NFPA 13 and 13R Systems).

1. There shall be no connection between a fire protection system and any other water distribution system on the premises.

2. There shall be no water used through the fire protection service except to extinguish fires and testing of the fire protection equipment. Any water used through the fire protection system for other uses shall be charged double the regular consumption rates.

3. Water used for fire protection, such as filling a tank used for fire suppression purposes, may be used from the fire protection service only with written permission of the district.

4. The district assumes no liability or responsibility for loss or damage to private property or facilities due to lack of water pressure. The fire protection service is subject to variations in pressure and shutdown required by district to operate and maintain the system.

5. The district reserves the right to require fire service connections and backflow prevention devices to be types approved by district, and to require a bypass meter installed at the owner's expense.

B. Single-family, Duplex, and Townhouse Systems (NFPA 13D Systems).

1. Fire protection systems may be connected to other water distribution systems within the same dwelling unit.

2. The district assumes no liability or responsibility for loss or damage to private property or facilities due to lack of water pressure. The fire protection service is subject to variations in pressure and shutdown required by district to operate and maintain the system.

(Ord. No. 2011-06, § 4(Exh. A), 7-19-11)

A. Construction Meter Permit. Applicants must make application with the district and shall make the deposit described herein for temporary use of district construction meters and equipment. The customer shall use all possible care to prevent damage to the meter from the time it is provided to the customer until it is returned to the district. Any damages to the meter or other district facilities or property shall be paid to the district by the customer, first by the forfeiture of that portion or the entire amount of deposit, to cover replacement cost of equipment or cost of damage to district property, with any remaining balance owed to be promptly paid to the district.

B. The district will approve all permissible fire hydrant locations within the district in advance where temporary service may be obtained. The applicant is responsible for contacting the district when a meter is to be moved from any given location to another. In no case shall a district meter be used outside the district.

C. Deposit. The board shall establish the amount of deposit to be made by the applicant for each construction meter to guarantee payment for possible damage, theft or loss of meter. Upon return of construction meter and subsequent termination of service, the actual costs shall be determined, and deducted from said deposit, then either additional payment by the applicant is applicable or reimbursement by district to the applicant for the remaining balance.

D. Construction Meter Charges. The applicant for a construction meter shall pay for metered water at rates prescribed by the board in effect at the time of use. All charges will be billed on a monthly basis. The customer is responsible for bringing the meter into the district office on a monthly basis, for reading and inspection. The district reserves the right to inspect and read all construction meters at any time. If a meter is found not to be registering, reported lost, or a police report is filed that the meter is stolen, and not brought into the district on a monthly basis, the consumption charges shall be based upon the estimated consumption for a comparable period or by such other method as may be determined by the district, and said decision of the district is to be final.

Upon termination of service, the meter shall be returned and a closing bill will be prepared to reflect all penalties, repair costs and water use charges, which will be deducted from the original deposit. Any balance of deposit remaining will be refunded to the customer, and any balance owing shall be promptly paid to the district.

E. Installation and Operation. Use of district construction meters and assigned fire hydrants shall be operated in accordance with all district rules and regulations and any unauthorized use of service shall be subject to a fine, as established by the board.

(Ord. No. 2011-06, § 4(Exh. A), 7-19-11)

A. Unreasonable and Wasteful Water Use. No customer shall unreasonably or wastefully use district's water. Where water is unreasonably or wastefully used on a customer's premises, the district may fine the customer after giving the customer notice if such conditions are not immediately corrected. In the event the customer does not immediately correct the unreasonable or wasteful use of water identified in the notice, the district may fine the customer or disconnect the customer's service. Unreasonable or wasteful use of water is presumed where a customer is not in compliance with section 14.04.170. In the event the district assesses fines or disconnects water service, the district shall not be liable to the customer or to any employee, licensee, invitee, lessee, or permittee of the customer on account of any bodily injury or property damage alleged to have occurred on account of such action taken by the district.

B. Unreasonable and Wasteful Water Use - Remedial Actions. No customer or other person acting on behalf of, or under the direction of, a customer shall cause or permit the unreasonable or wasteful use of water. If the general manager of the district or his designee finds that any customer or other person is in violation of the provisions in this section, in addition to any other remedies available, any one or more of the following actions may be taken by the general manager or his designee:

1. Impose a fine in accordance with this chapter or Chapter 1.12 pursuant to the Administrative Fine Schedule for the unreasonable or wasteful water use violation not remedied by the customer after giving prior written notice of potential fine. Notice may be by delivery to the customer or person occupying the premises, or by placing the notice on the door handle, gate, or other conspicuous place on or about the property receiving the water service and mailing a copy of the notice to the customer at the last known mailing address in the district's customer records. Notice shall be given at least 24 hours by the general manager or his designee before fine assessment unless the general manager, or his designee, in his discretion, determines that a shorter period of notice is required in view of the nature of the violation and to protect the public health and safety, in which case the notice shall be given as expeditiously as the general manager or his designee finds to be reasonable under the circumstances.

2. Disconnect water service for unreasonable or wasteful water use (if separate meter and turnoff facilities are available for those purposes) or to the entire premises served, as deemed appropriate under the circumstances by the general manager or his designee, after giving prior written notice that service will be disconnected if the violation is not immediately corrected. Notice may be by delivery to the customer or person occupying the premises, or by placing the notice on the door handle, gate, or other conspicuous place on or about the property receiving the water service and mailing a copy of the notice to the customer at the last known mailing address in the district's customer records. Notice shall be given at least 24 hours by the general manager or his designee before disconnection unless the general manager, or his designee, in his discretion, determines that a shorter period of notice is required in view of the nature of the violation and to protect the public health and safety, in which case the notice shall be given as expeditiously as the general manager or his designee finds to be reasonable under the circumstances.

3. Request initiation of proceedings for prosecution by the district attorney or any other proper prosecuting officer of any violation of this section.

(Ord. No. 2011-06, § 4(Exh. A), 7-19-11; Ord. No. 2021-08, § 2, 1-18-22)

A. Purpose.

1. The district is authorized by California Water Code Section 350 et seq. to restrict the use of district water during any emergency caused by drought, or other threatened or existing water shortage, and to prohibit the unreasonable use or waste of district water for any purpose other than household uses or such other restricted uses as may be determined to be necessary by the district and may prohibit use of such water during such periods for specific uses which the district may from time to time find to be nonessential.

2. The district is further authorized by California Water Code Section 350 et seq. to prescribe and define by ordinance those restrictions, prohibitions, and exclusions it may determine to be necessary pursuant to California Water Code Section 350 et seq. in restricting the use of district water during threatened or existing water shortages.

3. It is therefore the intent of the district to establish by this section those procedures required to maximize the beneficial use of its available water resources to the extent to which they are capable, and that the wasteful and unreasonable uses of water be prevented and the conservation of such water is to be extended with a view to the reasonable and beneficial use thereof in the interests of the people of the community of Hesperia and for the public welfare.

B. Implementation and Termination. The general manager or his designee shall monitor the water supply and demand daily to determine the level of conservation required by the water shortage emergency or to recommend implementation of the water conservation plan stages and shall notify the board of the necessity for the implementation or termination of each stage. Each declaration of the board implementing or terminating a water conservation stage shall be published at least once in a newspaper of general circulation and shall remain in effect until the board otherwise declares, as provided herein.

C. Water Shortage Plan.

1. Customer Use Baseline Water Use. Each customer's baseline water use shall be calculated based upon unconstrained water use pursuant to a method as determined by the district. Unconstrained water use shall mean water use during a period or averaged across multiple periods absent any implementation of the water conservation stages in excess of Stage 1 identified in this chapter.

2. Public Notice and Public Hearing. In the event of a threatened or actual water supply shortage in excess of Stage 1 which will affect the district's ability to provide water for ordinary domestic, industrial, and commercial uses, the board shall hold a noticed public hearing after giving at least ten days' notice by publication in a newspaper of general circulation at which district's customers shall have the opportunity to testify concerning the pending water supply shortage and for the district to determine required conservation measures.

3. In addition to any other remedies available, the district may implement any one or more of the following actions to reduce water demands based on the characterization and severity of water shortage conditions, such as the percentage of reduction required, disasters, water emergency, or state policy directives:

a. Levy water use restrictions and prohibitions.

b. Perform water use audits.

c. Identify customers with high per capita water usage to achieve proportionally greater reduction than those with low use.

d. Enact water rationing with water use allocation limits.

D. Stages of Water Conservation. Current water shortage condition response measures will be updated based on board approvals and direction, state policy directives, emergency conditions, or to improve customer response.

1. Stage 1 - Water Alert: Savings up to ten percent. Stage 1 shall be normal operating conditions in effect when the district is able to meet all the water demands of its customers in the immediate future. The district continuously operates under mandatory conservation. Unreasonable use and waste of water is prohibited, and water conservation measures are mandatory. All water users must continue to use water reasonably, to prevent the unreasonable use or waste of water, and to reduce water consumption to that necessary for ordinary domestic and commercial purposes.

a. The following conservations measure shall be in effect at all times:

i. Exterior landscape plans for all new multi-family; commercial and industrial development shall provide for timed irrigation systems that provide options to irrigate landscapes after 8:00 p.m. but before 6:00 a.m. and shall require the use of drought resistant varieties of plants, shrubs, and turf.

ii. No customer of the district or other person acting on behalf of or under the direction of a customer shall cause or permit the use of water for irrigation of landscaping or other outdoor vegetation plantings, lawns, or other growth to exceed the amount required to provide reasonable irrigation of the same and shall not cause or permit any unreasonable or excessive waste of water from said irrigation activities or from watering devices or systems. Landscape watering shall be confined to a user's property and shall not runoff onto adjacent properties, roadsides, or gutters. Free flow of water away from an irrigated site shall be presumptively considered excessive irrigation and waste.

iii. Persons receiving water from the district who are engaged in agricultural practices, whether for the purpose of crop production or growing of commercial ornamental plants, shall provide, maintain, and use irrigation equipment and practices which are consistent with efficiency standards of irrigators in arid environments. The general manager or his designee may require the owner or operators of these systems to prepare a plan describing their irrigation practices and equipment, including but not limited to, an estimate of the efficiency of the use of water on their properties.

iv. Commercial and industrial facilities shall, upon request of the general manager or his designee, provide the district with its plan to ensure conservation of water at its facilities. The district will provide these facilities with information regarding the average monthly water use by the facility for the last two-year period. The facility will be expected to provide the district with a plan to conserve or reduce the amount of water used by that percentage deemed to be necessary under the circumstances. After review and approval by the general manager or his designee, the water conservation plan shall be considered subject to inspection and enforcement by the district.

v. Unauthorized use of hydrants is prohibited. Authorization for use must be obtained from the district.

b. The district manager or his designee may also implement one or more of the following conservation instruments during this or any subsequent stage of water conservation:

i. Establish customer use baselines.

ii. Conduct a public information campaign that may consist of distribution of literature, speaking engagements, website updates, bill inserts, conservation messages printed in local newspapers, educational programs in area schools and/or other methods of disseminating information.

iii. Implement programs to assist customers in reducing water use.

iv. Evaluate operations and make operational changes.

2. Stage 2. Moderate Water Shortage: Savings up to tweenty (20) percent. Augmentation of water supply conditions requiring reduction in water use. All aspects of Stage 1, including conservation measures implemented, shall remain in effect. A reduction of water use by up to an additional ten percent is anticipated. Water consumption reduction methods from Stage 1 may be intensified as needed. Additional voluntary conservation measures are encouraged.

a. The following additional mandatory consumption reduction methods may be in effect:

i. Parks, golf courses (municipal and private) and school grounds which use water provided by the district shall be irrigated between the hours of 10:00 p.m. and 5:00 a.m., or such other times as may be determined appropriate by the district. Additionally, turf areas in excess of one thousand (1,000) square feet will be required to use soil moisture sensors and rain shut-off valves as part of their irrigation system.

ii. Commercial, industrial, institutional equipment that uses water must be properly maintained and in full working order to eliminate unreasonable or wasteful uses of water.

iii. The washing of cars, trucks or other vehicles is not permitted, except with a hose equipped with an automatic shut-off device, or at a commercial facility designed and so designated on the district's billing records.

iv. All residential, public, and recreational swimming pools shall use evaporation resistant covers and shall recirculate water. Any swimming pool which does not have a cover installed during periods of nonuse shall be considered an unreasonable and wasteful use of water.

v. Utilize sweeping or other methods to clean impervious surfaces such as driveways, sidewalks, and parking lot. The use of water to clean impervious surfaces is prohibited unless for public health and safety purposes.

b. Customers are encouraged to practice the following consumption reduction measures:

i. Fix leaks or faulty sprinklers promptly.

ii. Decorative water features (water fountains, etc.) should recirculate water and be leak proof.

iii. Irrigate landscapes between the hours of 10:00 p.m. and 5:00 a.m to reduce evaporation.

iv. Landscape watering should not occur during rain events.

v. Equip all hoses with a shut-off nozzle while using water for any purpose.

vi. Wash only full loads when washing dishes or clothes.

vii. Restaurants serve water to patrons upon request.

viii. Hotels and motels - encourage guests to conserve water and limit hotel laundering of linens and towels.

3. Stage 3. Severe Water Shortage: Savings up to thirty (30) percent. Increase of water supply conservation actions that require a reduction in water use. A reduction of water use by up to an additional ten percent is anticipated. All conservation measures implemented in Stage 1 and 2 shall remain in effect. Water consumption reduction methods from Stage 1 and 2 may be intensified as needed and customer usage may be assessed against established baseline.

a. One or more of the following additional mandatory restrictions shall be in effect as determined by the district:

i. The district may determine that the irrigation of exterior vegetation shall be conducted only during specified hours and days such as restricting irrigation to the hours between 10:00 p.m. and 5:00 a.m limited to three days per week and may impose other restrictions on the use of water for such irrigation. The irrigation of exterior vegetation at other than the times and days specified by the district at the time of implementation shall be considered a waste of water. Outdoor plant containers, trees, shrubs, and vegetable gardens may be watered additional days using only drip irrigation or hand watering. The district may determine that this shall conform to the restrictions for other outdoor irrigation.

ii. Restrictions may be implemented for domestic water provided by the district used for construction meters limiting use to only during specified hours.

iii. Washing down impervious surfaces such as driveways, sidewalks, and parking lot areas is prohibited unless for extraordinary public health and safety purposes. Any water used on a premises that is allowed to escape the premises and run-off into gutters or storm drains shall be considered a waste of water.

iv. Leaks or faulty sprinklers shall be repaired within seven days, or as directed by the district.

v. Restaurants shall serve water to patrons only upon request.

vi. Hotels and motels shall have messaging in all guest rooms encouraging water conservation and limiting hotel laundering of linens and towels.

b. The following consumption reduction measures shall also apply:

i. Non-essential potable water uses are strongly discouraged.

ii. Customers are encouraged to continue implementing voluntary measures from prior stages, which are not mandatory under this stage.

iii. There are no restrictions on landscape watering with non-potable water.

4. Stage 4. Critical Water Shortage: Savings up to forty (40) percent. Increase of water supply conservation actions that require a reduction in water use. A reduction of water use by up to an additional ten percent is anticipated. All conservation measures implemented in Stage 1-3 shall remain in effect. Water consumption reduction methods from Stage 1-3 may be intensified as needed and customer usage may be assessed against established baseline.

a. One or more of the following additional mandatory restrictions shall be in effect as determined by the district:

i. Outdoor irrigation of exterior vegetation shall be conducted only during specified hours and days and district may impose other restrictions on the use of water for such irrigation. The irrigation of exterior vegetation at other than these times and days shall be considered a waste of water. Outdoor plant containers, trees, shrubs, and vegetable gardens may be watered additional days using only drip irrigation or hand watering. The district may determine that this shall conform to the restrictions for other outdoor irrigation. During Warm/Dry Season: Turf shall be limited to hours and/or days determined by district when using potable water for irrigation. During Cool/Wet Season: Turf shall not be watered unless utilizing non-potable water during extended dry spells.

ii. Customer water usage in excess of baseline will be monitored and recorded.

iii. Conservation activities will be intensified, and production monitored daily for compliance with necessary reductions from customer baseline.

iv. Water allocations and mandatory conservation may be implemented. Water usage in excess of allocation derived from water use baseline may be considered a waste of water.

v. Leaks or faulty sprinklers shall be repaired within three days or as directed by the district.

vi. Decorative water features that use potable water must be drained and kept dry.

vii. Washing of vehicles is prohibited, except when using commercial carwash establishments that use reclaimed water, recirculate water, or use high pressure/low volume wash systems.

viii. A construction water use plan shall be submitted to the district that addresses how impacts to existing water users will be mitigated (such as dust control).

ix. With the exception of landscapes watered with non-potable water, installation of new turf or hydroseed is prohibited.

5. Stage 5. Water Shortage Crisis: Savings up to fifty (50) percent. Increase of water supply conservation actions that require a reduction in water use. Source of supply for the water system is severely curtailed to the level that requires each customer to restrict their water use. All conservation measures implemented in Stage 1-4 shall remain in effect. Water consumption reduction methods from Stage 1-4 may be intensified as needed. Production may be monitored daily for compliance with necessary reductions from customer baseline.

a. Consumption reduction methods shall be intensified as needed and one or more of the following mandatory restrictions shall be in effect:

i. District may impose further restrictions on outdoor irrigation of exterior vegetation, including complete cessation in irrigation on properties.

ii. Repair leaks or faulty sprinklers within one day.

iii. Existing pools shall not be emptied and refilled using potable water unless required for public health and safety purposes.

iv. Water use for new landscape installations or renovations is not authorized.

v. Previous waivers will be revoked.

vi. Water use may be restricted to human health and safety purposes.

vii. Customer rationing may be implemented as compared to a water use baseline determined by the district.

viii. Shortage condition measures shall be updated as needed.

ix. Catastrophic event actions may be deemed necessary (such as a boil water order and/or other actions).

6. Stage 6. Emergency Water Shortage: Savings greater than fifty (50) percent requiring reduction in water use. Source of supply for the water system is severely curtailed to the level that requires each customer to restrict their water use for only human health and safety purposes.

In the event of an unforeseeable disaster or water emergency such as an earthquake or other major disruption in the water supply or any emergency that prevents the district from meeting the water demands of the community, the general manager is authorized to implement the emergency provisions of this chapter as provided herein. Public notice will follow enactment of said provision by publishing notice of said action in a newspaper of general circulation.

All measures implemented in Stages 1-5 shall remain in effect. Water consumption reduction methods from Stage 1-5 may be intensified as needed. Production may be monitored continually for compliance with necessary reductions from customer baseline.

a. Consumption reduction methods shall be intensified as needed and the following mandatory restrictions shall be in effect:

i. Watering of parks, school grounds and golf courses is prohibited.

ii. Turf watering and landscape irrigation is prohibited.

iii. Washing down of driveways, parking lots or other impervious surfaces is prohibited.

iv. Filling or adding water to swimming pools, wading pools, spas, ornamental ponds, fountains, and artificial lakes is prohibited.

v. New construction meter permits shall not be issued by the district.

vi. All existing construction meters shall be removed and/or locked.

vii. Commercial nurseries shall discontinue all watering and irrigation.

viii. Watering of domesticated animals and livestock is permitted as necessary.

ix. Implement applicable actions for catastrophic events (such as a boil water order or other actions).

E. Exceptions to Water Shortage Stage Implementation.

1. Application for Exception Permit. The general manager may grant exception permits for uses of water otherwise prohibited under the provisions of this chapter if it is found and determined that special circumstances make compliance impossible, or that restrictions herein would cause an emergency condition affecting the health, sanitation, fire protection or safety of the water use or of the public.

2. Written Application. Such exceptions may be granted only upon written application for a permit addressed to the district's general manager. Upon granting such exception permit, the general manager may impose any conditions determined to be just and proper.

3. Exception Denied. In the event the general manager denies an exception to a water shortage stage, the proponent of the exception may appeal the determination to the district's board.

(Ord. No. 2011-06, § 4(Exh. A), 7-19-11; Ord. No. 2021-08, § 2, 1-18-22)