Mendocino County Municipal Code Ch. 7.10 Emergency Water Conservation

The declared purpose of this Chapter is to adopt the necessary rules and regulations on matters related to the local drought emergency adopted by the Board of Supervisors on January 7, 2014 and continuing to date. Such rules are designed to protect life and property affected by the emergency. Cooperation of all Lake Mendocino water users is necessary to achieve necessary water conservation goals for the Mendocino County portion of the Russian River drainage. Immediate action is necessary to avoid depleting Lake Mendocino storage and to, in turn, avoid significant health and safety risks, and catastrophic economic losses to Mendocino County's residents. Based on the findings set forth below, this ordinance is passed as an urgency ordinance for the immediate preservation of the public peace, health, and safety.

(Ord. No. 4224, 7-14-2009; Ord. No. 4231, 1-12-2010; Ord. No. 4323, 1-21-2014)

1. Mendocino County is now in its second year of receiving less than average rain fall.

2. Lake Mendocino storage remains at unprecedentedly low levels and water delivery limitations have become worse, creating emergency conditions in Mendocino County.

3. The State of California declared a Water Emergency on January 17, 2014.

4. Governor Brown is "calling on Californians to reduce their water usage by 20 percent.

5. The Governor is also directing the State Water Board to put water right holders on notice that they may be directed to cease or reduce water diversion.

6. The Governor's declaration of emergency urges local water suppliers to implement their local water shortage contingency plans immediately

7. The City of Willits declared a Water Emergency on January 8, 2014.

8. The City of Willits has a 90 day supply of water in its reservoirs.

9. The Township of Brooktrails has approximately an 80 day supply of water in its reservoirs.

10. On January 7, 2014, the Mendocino County Board of Supervisors adopted Resolution Number 14-007 declaring a local emergency in Mendocino County due to drought conditions. The Declaration will continue until such time as the Board of Supervisors declares otherwise.

11. Pursuant to Government Code § 8630 et seq., and Mendocino County Code Chapter 7.04, the Director of Emergency Services and the Board of Supervisors may promulgate orders and regulations necessary to preserve the public order and safety.

12. The adverse environmental, economic, and social impacts of the drought pose an imminent threat of disaster and threaten to cause widespread harm to people, businesses, property, communities, wildlife, and recreation in Mendocino County.

13. The Mendocino County Board of Supervisors has requested assistance from the State of California, from all relevant State agencies, including but not limited to, the Office of Emergency Services, the Department of Water Resources, the State Water Resources Control Board, the Department of General Services, the Department of Public Health, and the Department of Food and Agriculture, with such assistance to include, but not be limited to, the provision of technical and financial assistance, surplus equipment, and regulatory relief to assist in mitigating or averting the impacts of the drought emergency by increasing water supply and availability, reducing mandated water releases, facilitating water transfers and emergency intertie connections, and all other necessary and appropriate actions to mitigate or relieve the drought emergency.

(Ord. No. 4224, 7-14-2009; Ord. No. 4231, 1-12-2010; Ord. No. 4323, 1-21-2014)

a) All water users in the County of Mendocino are urged to reduce their use of water by twenty (20) percent.

b) All local water suppliers are requested to implement their local water shortage contingency plans immediately.

(Ord. No. 4224, 7-14-2009; Ord. No. 4230, 11-10-2009; Ord. No. 4323, 1-21-2014)

All water agencies, cities, and districts who divert water subject to this chapter shall, on a monthly basis, provide written documentation to the Mendocino County Water Agency that the above requirement is being met.

(Ord. No. 4224, 7-14-2009; Ord. No. 4231, 1-12-2010; Ord. No. 4323, 1-21-2014)

The violation of any provisions of any section of this Ordinance, including, but not limited to, the reporting requirements set forth in Section 7.10.040, shall be treated as a misdemeanor.

(Ord. No. 4224, 7-14-2009; Ord. No. 4231, 1-12-2010)

The immediate application of this Ordinance shall be terminated upon a Resolution by the Board of Supervisors that the current drought conditions no longer exist and shall be reinstated upon a new declaration of a drought emergency.

(Ord. No. 4224, 7-14-2009; Ord. No. 4231, 1-12-2010; Ord. No. 4323, 1-21-2014)

Editor's note— Ord. No. 4323, adopted January 21, 2014, amended the title of § 7.10.060 to read as set out herein. Previously § 7.10.060 was titled review.

The provisions of this ordinance are separate and severable. If any provision of this ordinance is for any reason held by a court to be unconstitutional or invalid, the Board declares that it would have passed this ordinance irrespective of the invalidity of the provision held to be unconstitutional or invalid. Such unconstitutionality or invalidity shall therefore not affect the remaining provisions of this ordinance, or the validity of its application to other persons or circumstances.

(Ord. No. 4224, 7-14-2009; Ord. No. 4231, 1-12-2010; Ord. No. 4323, 1-21-2014)