HomeMy WebLinkAbout7 Emergency Drought Regulations Agenda Item # 7
Public ,
ACTION
To: Board of Directors
From: Steven Poncelet
Date: August 12, 2014
Subject: Consideration of Action in Response to State Water Resources
Control Board Emergency Drought Regulations
1. WHY THIS MATTER IS BEFORE THE BOARD
This item includes discussion and Board action regarding the California State Water
Resources Control Board's (SWRCB's) adopted emergency drought regulations.
2. HISTORY
The District is required every five years to submit to the California Department of
Water Resources an Urban Water Management Plan (UWMP). The District's last
UWMP was written in 2010 and adopted by the Board in 2011. Each UWMP is
required to contain a Water Shortage Contingency Plan to address emergency water
shortages. The excerpts from the Districts UWMP, and the associated Board
Ordinance No. 2005-05, are included as Attachment's 1 and 2.
It is important to note that the District's Water Shortage Contingency Plan and the
associated stages were written, as directed by the State, to respond to an unforeseen
and sudden water supply shortage. Specifically, the Ordinance states "WHEREAS,
The Board finds and determines that a water shortage could exist in the event of a
major failure of one or more components of the water system;". The District's Water
Shortage Contingency Plan was not written to respond to a long-term drought nor was
it intended to be activated during a period when the District was not experiencing a
water supply shortage. The following are the stages taken directly from the District's
current Water Shortage Contingency Plan:
(a) Stage 1 - 10% Reduction in Water Usage - Voluntary Compliance: Stage 1
applies during periods that the District determines that water usage should
be reduced approximately 10% in order to meet all of the water demands of
its customers. Specific mandated restrictions in water use for Stage 1 are as
follows:
1. All new water connections shall be prohibited in the area affected by the
water conservation requirement.
(b) Stage 2 - 30% Reduction in Water Usage - Mandatory Compliance: Stage 2
applies during periods that the District determines that water usage should
be reduced approximately 30% in order to meet all of the water demands o)
its customers. Specific additional mandated restrictions in water use for
Stage 2 are as follows:
1. All outdoor water uses are prohibited. The District may discontinue
service to irrigation services.
2. The withdrawal of water for construction purposes shall be prohibited in
the area affected by the water conservation requirement.
3. Customers may be subject to fines and penalties for failure to comply
with this requirement.
4. The District may install flow restricting devices on a customers service.
(c) Stage 3 - 50% Reduction in Water Usage - Mandatory Compliance: Stage
3 applies during periods that the District determines that water usage should
be reduced approximately 50% in order to meet all of the water demands of
its customers. Specific additional mandated restrictions in water use for
Stage 3 are as follows:
1. Customers shall be required to repair any known leaks on piping owned
by the customer. In the event that such leaks are not repaired in a timely
manner, the District may perform the repair or hire a contractor to
perform the repair, and then invoice the customer for those costs.
2. The District may implement mandatory water rationing through the use of
forced rolling outages.
It has been well documented that California is in the third year of a drought and that
certain regions of the State - mostly the Central Valley - are experiencing water supply
shortages. Governor Jerry Brown declared a State of Emergency earlier this year and
there have been calls for voluntary reductions in water use. Many water agencies that
are experiencing water supply shortages have also declared emergencies and
implemented mandatory reductions in water usage. The District has worked to raise
awareness of the State drought and to encourage our customers to conserve water.
This includes a press release and the Districts Watch Your Water campaign and bill
stuffer. It should also be noted that, through the District's efforts over the last 5 years,
water production is down over 20%.
The District, which relies on the Martis Valley aquifer for our water supply, is in a
drought but we are not experiencing a water supply shortage at this time. This is
consistent with our understanding of the aquifer and based on our most recent well
data. As indicated above, however, it is important that everyone conserve water
whenever possible.
On July 7, 2014, the SWRCB issued a Notice of Proposed Emergency Rulemaking -
Urban Water Conservation Drought. The SWRCB adopted a set of modified
emergency regulations at their July 15, 2014 board meeting. The District considered
the proposed regulations at the July 16, 2014 meeting and decided to delay action
until the final regulations were known and adopted.
3. NEW INFORMATION
The final SWRCB emergency drought regulations were posted and are Attachment 3.
There were some key changes to the regulations which included the insertion of the
word "Potable" and the clarification that outdoor water restrictions apply to "ornamental
landscapes and turf'. There was also a brand new section added which authorizes the
SWRCB's Executive Director to consider an alternate plan from a urban water supplier
in place of implementing fully the stage of their Water Supply Contingency Plan that
imposes restrictions to outdoor water use provided that the alternate plan meets a
series of requirement. The adopted regulations were then submitted to the State
Legislative Analyst's Office and became law on July 29, 2014. As an urban water
supplier, the District is required to comply with the emergency regulations.
Key provisions of the emergency regulations include:
• Requires urban water agencies to implement all requirements and actions of
the stage of our Urban Water Management Plan's (UWMP's) Water Shortage
Contingency Plan that imposed mandatory restrictions on outdoor irrigation;
• Prohibitions on outdoor water use such as run off to hardscape and the use of
potable water in fountains. These general prohibitions reflect the Governors
April 25, 2014 drought executive order; and
• Requires each urban water supplier to prepare and submit to the SWRCB by
the 15th of each month a monitoring report on forms provided by the SWRCB
starting August 15th to October 15th. The monitoring report shall include the
amount of potable water the urban water supplier produced in the preceding
calendar month along with an estimate of water per person per day.
The District will comply with the new regulations and the District's Urban Water
Management plan by implementing Ordinance No. 2005-05. The proposed emergency
drought regulations are open ended and do not include an end date other than the 270
day statutory limit on emergency regulations. Staff and legal counsel have been
reviewing the adopted emergency regulations and District documents to determine the
actions that will be required. Because the proposed emergency regulations require
that the District implement the level of our Water Shortage Contingency Plan that
imposes mandatory restrictions on outdoor irrigation, this would require the District to
implement Stage 2 of Ordinance No. 2005-05. This would prohibit:
• All new water connections;
• All outdoor water use; and
• The withdrawal of water for construction purposes.
The Ordinance does authorize the General Manager to make exceptions to prevent
undue hardship or unreasonable restrictions, provided that the water shall not be
wasted or used unreasonably and the purpose of the Ordinance can be accomplished.
Staff and legal counsel have also reviewed the requirements of the emergency
drought regulations alternate plan which authorizes the SWRCB's Executive Director
to consider an alternate plan from a urban water supplier in place of implementing fully
the stage of their Water Supply Contingency Plan that imposes restrictions to outdoor
water use provided that the alternate plan meets a series of requirement which
include:
• The urban water supplier must have allocation-based rate structure that
satisfies the requirements of Chapter 3.4 (commencing with Section 370) of
Division 1 of the State Water Code; and
• The alternate plan, in conjunction with other measures, achieves a level of
conservation that would be superior to that achieved by implementing
limitations on outdoor irrigation of ornamental landscapes and turf with potable
water by persons it serves to no more than two days per week.
Staff and legal counsel have reviewed the above sections of the water code and
believe that the District, based on the new rate structure implemented with water
meters in 2010, does have allocation-based rates. The District submitted an alternate
plan (Attachment 4) to the SWRCB on August 4, 2014. It is unknown how long it will
take the SWRCB to review and approve the plan. If approved, the District would
implement the alternate plan and rescind District Ordinance No. 2005-05.
To comply with the emergency drought regulations, staff is proposing to to implement
District Ordinance No. 2005-05 by limiting outdoor irrigation of ornamental landscapes
and turf with potable water by persons the District serves to no more than two days per
week.
The next steps for the District are:
• Implement our Water Supply Contingency Plan and Ordinance No. 2005-05 to
comply with State law;
• Communicate with our customers and community regarding the emergency
drought regulation waste and irrigation prohibitions;
• Implement a complaint procedure for alleged violations of the State's
emergency drought regulations and District code;
• Consider revisions to our Water Supply Contingency Plan and Ordinance No.
2005-05 at the August 20, 2014 District Board Workshop and September 10,
2014 District Board Public Hearing and Action Item; and
• Work with SWRCB staff to encourage acceptance of the District's alternate
plan.
The time line is:
• Implement Ordinance No. 2005-05 (today);
• Communicate with customers and implement complaint procedure (1-2 weeks);
• At the August 20, 2014 regularly scheduled District Board meeting, conduct a
workshop to update the Board and Public on the emergency drought regulation
implementation and to discuss proposed changes to the District's Urban Water
Management Plan;
• At the September 10, 2014 District Board meeting, conduct the Public Hearing
and consider changes to the District's Urban Water Management Plan;
• Work with SWRCB staff for acceptance of the District's alternate plan.
4. FISCAL IMPACT
The full fiscal impacts of the proposed emergency drought regulations are unknown at
this point. The SWRCB's emergency drought regulations will require - at a minimum -
the commitment of District resources to:
• Implement the new regulations;
• Notify customers and the community about the mandatory regulations;
• Comply with the new mandatory reporting requirements; and
• Monitor and enforce the new regulations.
Potential impacts to the District's revenue are also unknown.
5. RECOMMENDATION
Direct the General Manager to implement the District's Urban Water Management
Plan's Water Shortage Contingency Plan and Ordinance No. 2005-05 or the alternate
plan when approved by the California State Water Resources Control Board.
Steven Poncelet Michael D. Holley
Public Information & Conservation Manager General Manager
7r' `'fit
Attachment 1
•x SECTION 7
WATER SHORTAGE CONTINGENCY PLAN
rill. Lai
10632. The plan shall provide an urban water shortage contingency analysis which includes each of the
following elements which are within the authority of the urban water supplier,
a Stages of action to be undertaken b the urban water supplier in response to water supply
( ) g y PP P PP y
shortages,including up to a 50 percent reduction in water supply, and an outline of specific water
supply conditions which are applicable to each stage,
(b) An estimate of the minimum water supply available during each of the next three water years
based on the driest three year historic sequence for the agency's water supply.
(c) Actions to be undertaken by the urban water supplier to prepare for, and implement during, a
catastrophic interruption of water supplies including, but not limited to, a regional power outage,
an earthquake,or other disaster.
(d) Additional, mandatory prohibitions against specific water use practices during water shortages,
including,but not limited to,prohibiting the use of-potable water for street cleaning, .
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(e) Consumption reduction methods in the most restrictive stages.Each urban water supplier may use
any type of consumption reduction methods in its seater shortage contingency analysis that would
reduce water use,are appropriate for its area,and have the ability to achieve a water use reduction
consistent with up to a 50 percent reduction in water supply,
(t) Penalties or charges for excessive use,where applicable.
(g) An analysis of the impacts of each of the actions and conditions described in subdivisions(a) to
(f), inclusive, on the revenues and expenditures of the urban water supplier, and proposed
measures to overcome those impacts,such as the development of reserves and rate adjustments.
(h) A draft water shortage contingency resolution or ordinance.
(i) A mechanism for determining actual reductions in water use pursuant to the urban water shortage
contingency analysis.
The effective management of water supply shortages is an unportant responsibility of water
agencies. Shortages may be caused by failures of major water supply facilities, natural disasters,
or other adverse conditions. Therefore,it is necessary to have an effective management program
to mitigate water supply shortages.
As described in Section 5, the District is using groundwater as its sole source of supply. The
Martis Valley Groundwater Basin has a storage volume of about 484,000 acre-feet (AF) and is
able support annual withdrawals of at least 24,000 acre-feet per year(AF'Y•) Based upon current
`, . withdrawals of about 7,175 AFY;there is over 65 years worth of water supply available even if
there was zero recharge of the groundwater basin. A three year minimum supply of 24,000 AFX
has been assumed.
The most likely cause of a water supply shortage would be the failure of a major water supply
facility such as a well, pump station or transmission pipeline, Such an occurrence could be
caused by a number of factors including earthquake,fire or major equipment failure. As a result,
water supply shortages are expected to be somewhat short in duration (days or possibly weeks),
Page 7-1
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Attachment 1
Section 7—Water Shortage Contingency Plan
?° but may occur without any warning. The District's water system consists of five major
ve stations, groundwater wells, pipelines, pump stations and storage
components; control val
tanks. In May 2004, the District completed a Vulnerability .Assessment that identified the
number of customers that would be impacted by major failure of a given facility. In conjunction
j with the TTu1nerability .Assessment, the District periodically updates its Emergency Response
Plan which identifies actions to be taken in the event of a major failure of a given facility.
Historically, the water supply system has been,most impacted by power outages. 7n response,
the District has installed external generator connections and manual transfer switches at all of its
pump stations and well sites. The District currently owns two large trailer-mounted portable
generators that can be mobilized to any of the District's pump facilities in the event of a power
outage. In addition, the District has installed permanentlymouuted diesel-powered backup
generators at 17 pump station sites. These generators are equipped with automatic transfer
switches and will activate in the event of a power outage.
WATER CONSERVATION PROGRAM
Depending upon the type of failure, the location and the number of customers affected, it would
be necessary for the District to implement some form of water conservation—either voluntary or
mandatory. Table 7--1 identifies the various stages of water conservation measures that would be �
implemented.
Table 7-1. Water Conservation Stages
Stage Water Conservation.Requirement Cam fiance Level.
Je 1 10%Reduction.in Usage Voluntary
2 30%Reduction in Usage Mandatory
3 50%Reduction.in Usage Mandatory
Stage 1 Water Conservation
Stage 1 would apply during periods where up to 10 percent of the water supply is unavailable. A
corresponding reduction in water usage of 10 percent would be required. This would be
achieved through voluntary measures. All new water connections would be prohibited within the
area affected. The•withdrawal of water for construction purposes would also be prohibited.
Stage 2 Water Conservation
Stage 2 would apply during periods where up to 30 percent of the water supply is unavailable. A
corresponding reduction in water usage of 30 percent would be required. All outdoor water
usage would be prohibited. Penalties and fines would be imposed for violations of the water
conservation program..
Stage 3 Water"Conservation
Stage 3 would apply during periods where up to 50 percent of the water supply is unavailable. A
corresponding reduction in water usage of 50 percent would be required. If necessary,
mandatory rationing and temporary outages would be implemented by the District. Penalties and
fines would be imposed for violations of the water conservation program,
Page 7 2
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Attachment 1
' Section 7—Water Shortage Contingency Plan
Effectiveness of the Water Conservation Program
` The District currently monitors total production for all sources on a daily basis. This monitoring
would be the primary tool to gauge the effectiveness of the water conservation program. Total
water production would be compared with production for the saute time in prior years and with
days prior to implementation of the water conservation program. Other measures would likely
E include drive-by inspections of customers to verify irrigation practices and monitoring of
customer usage through the District's AMR system.
WATER CONSERVATION ORDINANCE
In November 2005, the District adopted Ordinance 2005-05 which describes the water
conservation program to be implemented in the event of a water supply emergency. A copy of
the ordinance is given in Appendix D.
The ordinance outlines three stages of water alerts that describe different required conservation
efforts. These conservation savings range from voluntary compliance with reasonable
conservation efforts in Stage 1 to a mandatory 50 percent reduction in ,Stage 3. The ordinance
authorizes the General Manager of the District to implement these measures immediately upon
occurrence of an event requiring such conservation measures. A public meeting of the Board of
Directors would then be scheduled as soon a possible to inform the Board and the public of the
emergency,the actions taken by the District and the expected duration until the problem could be
corrected.
POTENTIAL FINANCUL IMPACTS
In 2009, the District retained HDR to perform a water rate study and assist in the development of
the District's new metered rate structure. This new rate structure became effective in Janualyy of
2010. One of the major objectives in developing this new rate structure was to closely match the
District's variable revenue stream with its variable expenses and to match its fixed revenue
stream with its fixed expenses. Currently, about 85 percent of the Water Department's expenses
are fixed and do not vary with the amount of water sold to customers. The remaining 15 percent
of expenses is for the costs of pumping and treatment and will vary with customer usage.
In the event that a Stage 3 conservation requirement (50 percent reduction in water usage) was
imposed for a significant length of time (number of months), the District would expect to see a
revenue reduction of about 7.5 percent. However, there should be a corresponding reduction in
t: expenses associated with less water being treated and pumped to customers. Any remaining
differences between revenue and expenses would likely be covered through the use of reserves.
The District would their have to evaluate its overall financial situation during the next annual
budget cycle. At that time,the District would review whether rate adjustments were necessary to
ensure the financial stability of the Water Depardnent.
The District does not expect any significant impact on expenditures associated with a drought-
related water shortage. In the event of a major water supply facility failure,unforeseen expenses
can be expected. District staff and/or outside contractors may be required to work overtime and
weekends to repair the damaged facili install a tom orar facili or ad t:s stern o erations
p, y J y p
in order to maintain water service to District customers. Similar to a drought-related water
shortage, it is expected that the immediate cost impacts would be covered through the use of
}
Page 7-3
srt Attachment 1
Section 7—Water Shortage Contingency flan
r' reserve funds. The District would then review its financial situation once the facility has been
repaired.
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Page 7-4
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Attachment 1
Ordinance o.
FINDING THE EC SI' FOR AND ADOPTING
A WATER CONSERVATION PROGRAM IN THE EVENT OF
A WATERSUPPLY EMERGENCY '
WHEREAS, California Water Code sections 375 et,seq. permit public entities which supply water at
retail to adopt and enforce a water conservation program to reduce the quantity of water used by the i s
people therein for the purpose of conserving the water supplies of such public entity;
WHEREAS,California WaterCode Section 10632 requires an urban watersupplierto describe stages
of action to be undertaken in the event of a water supply shortage;
WHEREAS,the Board of Directors of the Truckee Donner Public Utility District has determined that it '
is necessary to establish a water conservation program in the event of any future water supply 1
shortage;
3
WHEREAS, the Board finds and determines that a water shortage could exist in the event of major
failure of one or more components of the water system;
WHEREAS,the Board also finds and determines thatthe watersources available be putto maximum
beneficial use to the extent to which they are capable, and that the waste or unreasonable use, or `
unreasonable method of use, of water be prevented and that the conservation of such water be r
encouraged with a view to the maximum reasonable and beneficial use thereof in the interest of the
people of the District and for the public welfare.
NOW THEREFORE BE IT RESOLVED by the Board of Directors of the District as follows_
1. The General Manager is hereby authorized and directed to implement the provisions of this '
ordinance.Additionally,the General Manager is hereby authorized to make minor and limited
exceptions to prevent undue hardship or unreasonable restrictions,provided that water shall not
be wasted or used unreasonably and the purpose of this ordinance can be accomplished.
2. The provisions of-fhis Ordinance shall apply.to all water served to persons, customers, and
property by the District. The District shall declare which portions of the service area are subject
to a water supply emergency and the requirements of this ordinance.
3. Water Conservation Stages; No person shall knowingly use water or permit the use o �i.
g P g Y p u f water ,
supplied by the District for commercial, industrial, agricultural, governmental, or any other
purpose in a manner contrary-to any provision of this ordinance,in an amount in excess of the
amounts authorized by this ordinance or during any period of time otherthan the periods oftime
specified in this ordinance.At no time shall water be wasted or used unreasonably.
7 Ordinance 2005-05
ii
'F
Attachment 1
Y.
t
4. The following stages shall take effect upon declaration as herein provided:
(a) Stage I -- 10% Reduction in Water Usage -Voluntary Compliance: Stage I applies during
periods that the District determines that water usage should be reduced approximately 10%in
order to meet all of the water demands of its customers. Specific mandated restrictions in
water use for Stage 1 are as follows:
1. All new water connections shall be prohibited in the area affected by the water
conservation requirement.
r�
(b) Stage 2—30%Reduction in Water Usage-Mandatory Compliance: Stage 2 applies during
periods that the District determines that wafter usage should be reduced approximately 30%in
order to meet all of the water demands of its customers. Specific additional mandated
restrictions in water use for Stage 2 are as follows:
1. All outdoor water uses are prohibited. The District may discontinue service to irrigation
services.
2. The withdrawal of water for construction purposes shall be prohibited in the area affected '
by the water conservation requirement. I
3. Customers maybe subject to fines and penalties forfailure to comply with this requirement.
i
4. The District may install flow restricting devices on a customers service.
(c) Stage 3 50% Reduction in Water Usage-Mandatory Compffance: Stage 3 applies during
periods that the District determines that water usage should be reduced approximately50%in
order to meet all of the water demands of its customers. Specific additional mandated
restrictions in water Use for Stage 3 are as follows: 4
l:
1. i
Customers shall be required to repair any known leaks on piping owned by'the customer. i
in the event that such leaks are not repaired in a timely manner,the District may perform
the repafrorhire a contractorto perform the repair,andthen invoicethe customer for those I
costs. f
2. The District may implbment mandatory water rationing through the use of forced rolling
g
5. Implementation of Conservation Stages.The District shall monitor the projected su 1 and
demand for water by its customers on a daily basis.In the event of an emergency,the General
Manager shaft determine the extent of the conservation required through the implementation
a nd/or termination of particular conservation stages in orderfor the District to prudently plan for
and supply water to its customers. Thereafter, the General Manager may order that the
appropriate stage of water conservation be implemented orterminated in accordance with the
applicable provision of this Ordinance. Water system customers shall be notified of water
conservation stages by one or more of the following methods:
(a) Doorhanger notices delivered to the property served
(b) Mass mailing to customers and property owners I
2 Ordinance 2005-05
i
Attachment 1
(c) Announcements in local media such as newspapers, radio and television
(d) Any other methods deemed appropriate by the General Manager
The stage designated shall become effective immediately upon announcement. The
declaration ofanysfage shall be reported to the Board as soon as practicable and convene a
special meeting as soon as possible. The Board,shall thereupon ratify the declaration,
rescind the declaration, or direct the declaration of a different stage,
5. PenaFfies and Fides. It shall be unlawful for any customer of the District to fail to comply with
any of the provisions of this ordinance. Failure to comply with any of the provisions of this
Ordinance shall.be as follows:
v.
(a) For the first violation by any customer of any of the provisions of this Ordinance,the District
shall verbally notice the fact of such violation.
(b) Fora second violation by any customer of any of the provisions of this Ordinance,the District
shall issue a personal notice of the fact of such violation to the customer.
(c) For a third violation by a customer of any provision of this ordinance,the District may install
an appropriate flow restricting device upon a prior determination that the customer has
repeatedly violated the provisions of this Ordinance and that such action is reasonably
necessary to assure compliance with this ordinance. Such action shall betaken only after
hearing held by the General Manager,where the customer has an opportunity to respond to
the District`s information or evidence that the customer has repeatedly violated the provisions
of this Ordinance. As determined bythe General Manager,anysuch restricted service may
'be restored upon application of the customermade not less than forty-eight(48)hours after
the implementation of the action restricting service and only upon a showing bythe customer
that the customer is ready,willing and able to comply with the provisions of this Ordinance.
Prior to any restoration of service, the customer shall pay all District charges for any
restriction of seniice and its restoration as,provided for in the District's rules governing water
service. Any willful tampering with or removal of any flow restriction device shall result in
termination of service;for a period to be determined by the General Manager:
1
(d) !Notice, The District shall give notice of each violation to the customer committing such
' violation as follows:
1, For any violation of the provisions of this Ordinance, the District may give written
fs
notice of the fact of such violation to the customer personally or by U. S. mail,first
• class, registered postage paid.
`- 2. If the penalty assessed ls, or includes, the installation of a flow restrictor to the
customer, notice of the violation shall be given in the following manner.:
a. By giving written notice thereof to the customer personally, or.
b. If the customer be absentfrom or unavailable at eitherhis place of residence or
his assumed place of business,by leaving a copy with some person of suitable
age and dlsoretiorn at either place, and sending a copy through the U.S.mail,
first class, registered postage prepaid, addressed to the customer at his place
of business,residence,or such other address provided bythe customer for bills
for water or electric service if such can be ascertained; or
3 Ordinance 2005-05
Attachment 1
C. If such place or residence,business or other address cannot be ascertained,or
a person of suitable age or discretion at any such place cannot be found,then
by affixing a copy in a conspicuous place on the property where the failure to
comply is occurring and also be delivering a copy to a person of suitable age
and discretion there residing, or employed, if such person can be found, and
also sending a copy through the U.S. mail, first class, registered postage
prepaid,addressed to the customer atthe place where the property is situated
as well as such other address provided by the customer for bills for water or
electric service if such can be ascertained.
3. Said notice shall contain, in addition to the facts of the violation, a statement of the
possible penalties for' each violation and statement informing the customer of his
right to a hearing on the violation.
(e) Appeals,Any customer against whom a penalty is levied pursuant to this section shall have
a right to an appeal, in the first instance to the General Manager with the right of appeal to
the District's Board of Directors,on the merits of the alleged violation,upon written request of
that customer to the District within fifteen days of the date of notification of the violation.
PASSED AND ADOPTED bythe Board of Directors at a meeting duly called and held within the
District on the second day of November 2005 by the following roll call vote:
AYES: Directors Aguera, Hemig, Sutton,Taylor and Thomason ;
NOES: None
ABSTAIN: None
ABSENT: None
TRUCKEE DON R. PUBLIC UTILITY DISTRICT
,. By
J. n 1g, President of the Board
s— J
ATTEST-
ter L. Holzmeister, Clbrlc of the Board
VW AM EWT CC^r
s
H DOCUMENT
tLED.
3
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x 4 Ordinance 2505-05
Attachment 2
Ordinance d 2005 s 05
FINDING THE NECESSITY FOR AND ADOPTING
WATER CONSERVATION PROGRAM IN THE EVENT OF
A WATER SUPPLY EMERGENCY
WHEREAS, California Water Code Sections 375 et.seq.permit public entities which supply water at
retail to adopt and enforce a water conservation program to reduce the quantity of water used by the
people therein for the purpose of conserving the water supplies of such public entity;
WHEREAS, California Water Code Section 10632 requires an urban water supplierto describe stages
of action to be undertaken in the event of a water supply shortage;
WHEREAS,the Board of Directors of the Truckee Donner Public Utility District has determined that it
is necessary to establish a water conservation program in the event of any future water supply
shortage;
WHEREAS, the Board finds and determines that a water shortage could exist in the event of major
failure of one or more components of the water system;
4
WHEREAS,the Board also finds and determines that the water sources available be putto maximum
beneficial use to the extent to which they are capable, and that the waste or unreasonable use, or
unreasonable method of use, of water be prevented and that the conservation of such water be
encouraged with a view to the maximum reasonable and beneficial use thereof in the interest of the
people of the District and for the public welfare.
NOW THEREFORE BE IT RESOLVED by the Board of Directors of the District as follows:
1. The General Manager is hereby authorized and directed.to implement the provisions of this
ordinance.Additionally,the General Manager is hereby authorized to make minor and limited
exceptions to prevent undue hardship or unreasonable restrictions,provided that water shall not
be wasted or used unreasonably and the purpose of this ordinance can be accomplished.
2. The provisions of this Ordinance shall apply to all water served to persons, customers, and
property bythe District. The District shall declare which portions of the service area are subject
to a water supply emergency and the requirements of this ordinance.
3. Water Conservation Stages: No person shall knowingly use water or permit the use of water
supplied by the District for commercial, industrial, agricultural, governmental, or any other
purpose in a manner contrary to any provision of this ordinance, in an amount in excess of the
amounts authorized by this ordinance or during any period of time other than the periods of time
specified in this ordinance. At no time shall water be wasted or used unreasonably.
1 Ordinance 2005-05
Attachment 2
'- 4. The following stages shall take effect upon declaration as herein provided:
(a) Stage 1 — 10% Reduction in Water Usage - Voluntary Compliance: Stage 1 applies during
periods that the District determines that water usage should be reduced approximately 10%in
order to meet all of the water demands of its customers. Specific mandated restrictions in
water use for Stage 1 are as follows:
1. All new water connections shall be prohibited in the area affected by the water
conservation requirement.
(b) Stage 2--30% Reduction in Water Usage - Mandatory Compliance: Stage 2 applies during
periods that the District determines that water usage should be reduced approximately 30%in
order to meet all of the water demands of its customers. Specific additional mandated
restrictions in water use for Stage 2 are as follows:
1. All outdoor water uses are prohibited. The District may discontinue service to irrigation
services.
2. The withdrawal of water for construction purposes shall be prohibited in the area affected
by the water conservation requirement.
3. Customers may be subject to fines and penalties forfailure to comply with this requirement.
4. The District may install flow restricting devices on a customers service.
(c) Stage 3—50% Reduction in Water Usage-Mandatory Compliance: Stage 3 applies during
periods that the District determines that water usage should be reduced approximately 50%in
order to meet all of the water demands of its customers. Specific additional mandated
restrictions in water use for Stage 3 are as follows:
1. Customers shall be required to repair any known leaks on piping owned by the customer,
In the event that such leaks are not repaired in a timely manner,the District may perform
the repair or hire a contractor to perform the repair, and then invoice the customer for those
costs.
2. The District may implement mandatory water rationing through the use of forced rolling
outages.
5. Implementation of Conservation Stages.The District shall monitorthe projected supply and
demand for water by its customers on a daily basis. In the event of an emergency,the General
Manager shall determine the extent of the conservation required through the implementation
and/or termination of particular conservation stages in orderforthe District to prudently plan for
and supply water to its customers. Thereafter, the General Manager may order that the
appropriate stage of water conservation be implemented or terminated in accordance with the
applicable provision of this Ordinance. Water system customers shall be notified of water
conservation stages by one or more of the following methods:
(a) Doorhanger notices delivered to the property served
(b) Mass mailing to customers and property owners
�' 2 Ordinance 2005-05
Attachment 2
(c) Announcements in local media such as newspapers, radio and television
(d) Any other methods deemed appropriate by the General Manager
The stage designated shall become effective immediately upon announcement. The
declaration of any stage shall be reported to the Board as soon as practicable and convene a
special meeting as soon as possible, The Board shall thereupon ratify the declaration,
rescind the declaration, or direct the declaration of a different stage.
6. Penalties and Fines. It shall be unlawful for any customer of the District to fail to comply with
any of the provisions of this ordinance. Failure to comply with any of the provisions of this
Ordinance shall be as follows:
(a) For the first violation by any customer of any of the provisions of this Ordinance,the District
shall verbally notice the fact of such violation.
(b) For a second violation by any customer of any of the provisions of this Ordinance,the District
shall issue a personal notice of the fact of such violation to the customer.
(c) For a third violation by a customer of any provision of this ordinance, the District may install
an appropriate flow restricting device upon a prior determination that the customer has
repeatedly violated the provisions of this Ordinance and that such action is reasonably
necessary to assure compliance with this ordinance. Such action shall be taken only after a
hearing held bythe General Manager,where the customer has an opportunityto respond to
the District's information or evidence that the customer has repeatedly violated the provisions
of this Ordinance. As determined by the General Manager, any such restricted service may
be restored upon application of the customer made not less than forty-eight(48)hours after
the implementation of the action restricting service and only upon a showing by the customer
that the customer is ready,willing and able to comply with the provisions of this Ordinance.
Prior to any restoration of service, the customer shall pay all District charges for any
restriction of service and its restoration as provided for in the District's rules governing water
service. Any willful tampering with or removal of any flow restriction device shall result in
termination of service for a period to be determined by the General Manager.
(d) Notice. The District shall give notice of each violation to the customer committing such
violation as follows:
9. For any violation of the provisions of this Ordinance, the District may give written
notice of the fact of such violation to the customer personally or by U. S. mail, first
class, registered postage paid.
2. if the penalty assessed is, or includes, the installation of a flow restrictor to the
customer, notice of the violation shall be given in the following manner:
a. By giving written notice thereof to the customer personally; or
b. If the customer be absent from or unavailable at either his place of residence or
his assumed place of business, by leaving a copy with some person of suitable
age and discretion at either place, and sending a copy through the U.S. mail,
first class, registered postage prepaid, addressed to the customer at his place
of business,residence,or such other address provided bythe customerfor bills
for water or electric service if such can be ascertained; or
3 Ordinance 2005-05
Attachment 2
C. If such place or residence,business or other address cannot be ascertained,or
a person of suitable age or discretion at any such place cannot be found,then
by affixing a copy in a conspicuous place on the property where the failure to
( comply is occurring and also be delivering a copy to a person of suitable age
and discretion there residing, or employed, if such person can be found, and
also sending a copy through the U.S. mail, first class, registered postage
prepaid,addressed to the customer at the place where the property is situated
as well as such other address provided by the customer for bills for water or
electric service if such can be ascertained.
3. Said notice shall contain, in addition to the facts of the violation, a statement of the
possible penalties for each violation and statement informing the customer of his
right to a hearing on the violation.
(e) Appeals.Any customer against whom a penalty is levied pursuant to this section shall have
a right to an appeal, in the first instance to the General Manager with the right of appeal to
the District's Board of Directors,on the merits of the alleged violation,upon written request of
that customer to the District within fifteen days of the date of notification of the violation.
PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the
District on the second day of November 2005 by the following roll call vote:
AYES: Directors Aguera, Hemig, Sutton, Taylor and Thomason
NOES: None
ABSTAIN: None
ABSENT: None
TRUCKEE DON R PUBLIC UTILITY DISTRICT
BY-
J. n ig, President of the Board
ATTEST
Peter L. Holzmeister, Clerk of the Board
4 Ordinance 2005-05
Attachment 3
STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2014-0038
TO ADOPT AN EMERGENCY REGULATION
FOR STATEWIDE URBAN WATER CONSERVATION
WHEREAS:
1. On April 25, 2014, Governor Edmund G. Brown Jr. issued an executive order to
strengthen the state's ability to manage water and habitat effectively in drought-
conditions and called on all Californians to redouble their efforts to conserve water. The
executive order finds that the continuous severe drought conditions present urgent
challenges across the state including water shortages in communities and for agricultural
production, increased wildfires,.degraded habitat for fish and wildlife, threat of saltwater
contamination, and additional water scarcity if drought conditions continue into 2015.
The National Integrated Drought Information System reported that nearly 80% of the
state was reported to be under"extreme" drought conditions at the end of June;
2. The executive order refers to the Governor's Proclamation No. 1-17-2014, issued on
January 17, 2014, declaring a State of Emergency to exist in California due to severe
drought conditions. The January Proclamation notes that the state is experiencing
record dry conditions, with 2014 projected to become the driest year on record. Since
January, state water officials indicate that reservoirs, rainfall totals and the snowpack
remain critically low. This follows two other dry or below average years, leaving
reservoir storage at alarmingly low levels. The January Proclamation highlights the
State's dry conditions, lack of precipitation and the resulting effects on drinking water
supplies, the cultivation of crops, and the survival of animals and plants that rely on
California's rivers and streams. The January Proclamation also calls on all Californians
to reduce their water usage by 20 percent;
3. There is no guarantee that winter precipitation will alleviate the drought conditions that
the executive orders address, which will lead to even more severe impacts across the
state if the drought wears on;
4. Water Code section 1058.5 grants the State Water Board the authority to adopt
emergency regulations in certain drought years in order to: "prevent the waste,
unreasonable use, unreasonable method of use, or unreasonable method of diversion,
of water, to promote water recycling or water conservation, to require curtailment of
diversions when water is not available under the diverter's priority of right, or in
furtherance of any of the foregoing, to require reporting of diversion or use or the
preparation of monitoring reports";
5. Over 400,000 acres of farmland are expected to be fallowed, thousands of people may
be out of work, communities risk running out of drinking water, and fish and wildlife will
suffer.
Attachment 3
6. Many Californians have taken bold steps over the years and in this year to reduce water
use; nevertheless, the dire nature of the current drought requires additional conservation
actions from residents and businesses. Some severely affected communities have
implemented water rationing, limiting water use in some cases to only 50 gallons per
person per day, foregoing showers, laundry, toilet flushing, and all outdoor watering.
7. Water conservation is the easiest, most efficient and most cost effective way to quickly
reduce water demand and extend supplies into the next year, providing flexibility for all
California communities. Water saved this summer is water available next year, giving
water suppliers the flexibility to manage their systems efficiently. The more water that is
conserved now, the less likely it is that a community will experience such dire
circumstances that water rationing is required ;
8. Most Californians use more water outdoors than indoors. In many areas, 50 percent
or more of daily water use is for lawns and outdoor landscaping. Outdoor water use
is generally discretionary, and many irrigated landscapes would not suffer greatly from
receiving a decreased amount of water;
9. Public information and awareness is critical to achieving conservation goals and the
Save Our Water campaign, run jointly by the Department of Water Resources (DWR)
and the Association of California Water Agencies, is an excellent resource for
conservation information and messaging that is integral to effective drought response
(http://saveourwater.co m).
10. Enforcement against water waste is a key tool in conservation programs. When
conservation becomes a social norm in a community, the need for enforcement is
reduced or eliminated;
11. The emergency regulations set a minimum standard requiring only modest lifestyle
changes across the state. Many communities are already doing more and have been for
years. They should be commended, but can and should do more. Others are not yet
doing so and should at least do this, but should do much more given the severity of the
drought;
12. On July 8, 2014, the State Water Board issued public notice that the State Water Board
would consider the adoption of the regulation at the Board's regularly-scheduled
July 15, 2014 public meeting, in accordance with applicable State laws and regulations.
The State Water Board also distributed for public review and comment a Finding of
Emergency that complies with State laws and regulations;
13. On April 25, 2014, the Governor suspended the California Environmental Quality Act's
application to the State Water Board's adoption of emergency regulations pursuant to
Water Code section 1058.5 to prevent the waste, unreasonable use, unreasonable
method of use, or unreasonable method of diversion of water, to promote water recycling
or water conservation;
14.As discussed above, the State Water Board is adopting the emergency regulation
because of emergency drought conditions, the need for prompt action, and current
limitations in the existing enforcement process;
2
Attachment 3
15. Disadvantaged communities may require assistance in increasing water conservation
and state agencies should look for opportunities to provide assistance in promoting
water conservation;
16. Nothing in the regulations or in the enforcement provisions of the regulations, preclude a
local agency from exercising its authority to adopt more stringent conservation
measures. Moreover, the Water Code does not impose a mandatory penalty for
violations of the regulations adopted by this resolution and local agencies retain their
enforcement discretion in enforcing the regulations, to the extent authorized, and may
develop their own progressive enforcement practices to encourage conservation.
THEREFORE BE IT RESOLVED THAT:
1. The State Water Board adopts California Code of Regulations, title 23, sections 863,
864, and 865, as appended to this resolution as an emergency regulation;
2. The State Water Board staff will submit the regulation to the Office of Administrative Law
(OAL) for final approval;
3. If, during the approval process, State Water Board staff, the State Water Board, or OAL
determines that minor corrections to the language of the regulation or supporting
documentation are needed for clarity or consistency, the State Water Board Executive
Director or designee may make such changes;
4. These regulations shall remain in effect for 270 days after filing with the Secretary of
State unless the State Water Board determines that it is no longer necessary due to
changed conditions, or unless the State Water Board renews the.regulations due to
continued drought conditions as described in Water Code section 1058.5;
5. The State Water Board directs staff to provide the Board with monthly updates on the
implementation of the emergency regulations and their effect;
6. Directs State Water Board staff to condition funding upon compliance with the
emergency regulations, to the extent feasible;
7. Directs State Water Board staff to work with the Department of Water Resources and the
Save Our Water campaign to disseminate information regarding the emergency
regulations; and
8. Directs State Water Board staff in developing an electronic reporting portal to include
data fields so that local agencies may provide monthly reporting data on (i) conservation-
related implementation measures or enforcement actions taken by the local agency and
(ii) substitution during the drought of potable water with recycled water to extend water
supplies.
3
Attachment 3
THEREFORE BE IT FURTHER RESOLVED THAT:
9. The State Water Board commends water suppliers that have increased conservation
messaging and adopted innovative strategies to enhance customer awareness of water
use, such as applications that let customers compare their water use to water use by
others; reduce system losses, such as fixing system leaks which can deplete supplies by
10 percent or more; and establish incentives to reduce demand, such as tiered or
drought rate structures. The State Water Board also commends all Californians that
have already been working to maximize their conservation efforts, both at home and at
work;
10. The State Water Board calls upon water suppliers to take the following actions:
Educate customers and employees
• Retail water suppliers should provide notice of the regulations in English and
Spanish in one or more of the following ways: newspaper advertisements, bill inserts,
website.homepage, social media, notices in public libraries;
• Wholesale suppliers should include reference to the regulations in their customer
communications;
• All water suppliers should train personnel on the regulations;
• All water suppliers should provide signage where recycled or reclaimed water is
being used for activities that the emergency regulations prohibit with the use of
potable water, such as operation of fountains and other water features;
• All water suppliers should redouble their efforts to disseminate information regarding
opportunities and incentives to upgrade indoor fixtures and appliances;
• All water suppliers should use education and the tools available through the Save
Our Water website (http:Hsaveourwater.com); and
• All water suppliers should educate and prepare their boards and councils on the
drought response actions contained in the emergency regulations and in this
resolution, and to make sure that drought response items are placed on agendas as
early as possible;
Increasing local supplies
• All water suppliers should accelerate the completion of projects that will conserve
potable water by making use of non-potable supplies, such as recycled water,
"greywater," and stormwater collection projects;
• All water suppliers should improve their leak reporting and response programs and
request that police and fire departments and other local government personnel report
leaks and water waste that they encounter during their routine duties/patrols;
• Smaller water suppliers—those with fewer than 3,000 service connections—should
take proactive steps to secure their communities'water supplies and educate their
customers about water conservation and the status of their supply reserves;
• All water suppliers should conduct water loss audits and make leak detection and
repair a top priority for the duration of the drought; and
• All urban water suppliers should evaluate their rate structures and begin to
implement needed changes as part of planning for another dry year. Information and
assistance on setting and implementing drought rates is available from the Alliance
for Water Efficiency. (http://www.allianceforwaterefficiency.orq/).
4
Attachment 3
11.The State Water Board calls on all Californians to take the following additional actions:
® Further reduce water demand, whether by using less water in daily routines indoors
and out, retrofitting appliances and installing greywater and rainwater catchment
systems; and
Check residential and business water bills to see if there are high charges that may
indicate a leak and to fix the leak, if they are able, or contact their local water utility if
they need assistance.
12. The State Water Board encourages its staff, the Department of Water Resources, the
Public Utilities Commission, urban water suppliers, and other local agencies to look for
opportunities to encourage and promote new technologies that reduce water usage,
including through timely access to water usage information and behavioral response.
13.The State Water Board encourages all state and local agencies to look for additional
opportunities to minimize potable water use in outdoor spaces.
14. The State Water Board encourages investor-owned utilities to expeditiously submit
applications for implementation of the regulations to the California Public Utilities
Commission.
CERTIFICATION
The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true, and
correct copy of a resolution duly and regularly adopted at a meeting of the State Water
Resources Control Board held on July 15, 2014.
AYE: Chair Felicia Marcus
Vice Chair Frances Spivy-Weber
Board Member Steven Moore
Board Member Dorene D'Adamo
NAY: None
ABSENT: Board Member Tam M. Doduc
ABSTAIN: None
Jeanie Townsend
Clerk to the Board
5
Attachment 3
PROPOSED TEXT OF EMERGENCE' REGULATIONS
Article 22.5. Drought Emergency Water Conservation
Sec. 863 Findings of Drought Emergency
(a)The State Water Resources Control Board finds as follows:
(1) On January 17 2014,the Governor issued a proclamation of a state of --
emergency under the California Emergency Services Act based on drought conditions;
(2) On April 25 2014 the Governor issued a proclamation of a continued state of
emergency under the California Emergency Services Act based on continued drought
conditions;
(3) The drought conditions that formed the basis of the Governor's emergency
proclamations continue to exist;
(4)The present year is critically dry and has been immediately preceded by two or
more consecutive below nomal dry, or critically dry years, and
(5)The drought conditions will likely continue for the foreseeable future and
additional action by both the State Water Resources Control Board and local water
suppliers will likely be necessary to further promote conservation.
Authority: Wat. Code, § 1058.5.
References: Wat. Code, §§ 102, 104, 105.
Sec. 864 Prohibited Activities in Promotion of Water Conservation
(a) To promote water conservation each of the following actions is prohibited,
except where necessary to address an immediate health and safety need or to comply with
a term or condition in a permit issued by a state or federal agency:
(1) The application of potable water to outdoor landscapes in a manner that causes
runoff such that water flows onto adjacent property, non-irrigated areas,private and
public walkways roadways,parking lots, or structures;
r (2) The use of a hose that dispenses potable water to wash a motor vehicle, except
where the hose is fitted with a shut-off nozzle or device attached to it that causes it to
cease dispensing water immediately when not in use;
(3)The application of potable water to driveways and sidewalks; and
(4)The use of potable water in a fountain or other decorative water feature,
except where the water is part of a recirculating system.
,(b)The talcing_of any action prohibited in subdivision(a) of this section, in
addition to any other applicable civil or criminal penalties, is an infraction,punishable by
a fine of W to five hundred dollars ($500) for each day in which the violation occurs.
Authority: Wat. Code, 1058.5.
References: Wat. Code, §§ 102, 104, 105.
Attachment 3
PROPOSED TEXT OF EMERGENCY REGULATIONS
Sec. 865 Mandatory Actions by Water Suppliers
(a)The tern"urban water supplier,"when used in this section,refers to a supplier
that meets the definition set forth in Water Code section 10617, except it does not refer to
suppliers when they are functioning solely in a wholesale capacity,but does apply to
suppliers when they are functioning in a retail capacity.
(b)(1) To promote water consezvation, each urban water supplier shall implement
all requirements and actions of the stage of its water shortage contingency plan that
imposes mandatoa restrictions on outdoor irrigation of ornamental landscapes or turf
with potable water.
,(2)As an alternative to subdivision(b)(1), an urban water supplier may submit a_
request to the Executive Director for approval of an alternate plan that includes
allocation-based rate structures that satisfies the requirements of chapter 3.4
(commencing with section 370) of division 1 of the Water Code, and the Executive
Director maygpprove such an alternate plan upon determining that the rate structure, in
conjunction with other measures, achieves a level of consezvation that would be superior
to that achieved by implementing limitations on outdoor irrigation of ornamental
landscapes or turf with potable water by the persons it serves to no more than two days
per week.
x (c)To promote water conservation each urban water supplier that does not have a
water shortage contingency plan or has been notified by the Department of Water
Resources that its water shortage contingency plan does not meet the requirements of
Water Code section 10632 shall,within thirty(30) days, limit outdoor irrigation of
ornamental landscapes or turf with potable water by the persons it serves to no more than
two days per week or shall implement another mandatory conservation measure or
measures intended to achieve a comparable reduction in water consumption by the
persons it serves relative to the amount consumed in 2013.
(d)In furtherance of the promotion of water conservation each urban water
supplier shall prepare and submit to the State Water Resources Control Board by the 15 '
of each month a monitoring report on forms provided by the Board. The monitoring
report shall include the amount of potable water the urban water supplier produced,
including water provided by a wholesaler,in the preceding calendar month and shall
compare that amount to the amount produced in the same calendar month in 2013.
Beginning October 15 2014,the monitoring report shall also estimate the gallons of
water per person per day used by the residential customers it serves. In its initial
monitoring report each urban water supplier shall state the number of persons it serves.
(e) To promote water conservation, each distributor of a public water supply, as
defined in Water Code section 350,that is not an urban water supplier shall,within thirty
(30) days,take one or more of the following actions:
(1)Limit outdoor irrigation of ornamental landscapes or turf with potable water
by the persons it serves to no more than two dasper week; or
(2)Implement another mandatory conservation measure or measures intended to
achieve a comparable reduction in water consumption by the persons it serves relative to
the amount consumed in 2013.
Authority: Wat. Code, § 1058.5.
References: Wat. Code, §§ 102, 104, 105; 350; 10617; 10632.
- Attachment 4
PublicTruckee Donner r
Directors
Joseph R.Aguera
Jeff Bender
Bob Ellis
J. Ron Hemig
Tony Laliotis
General Manager
August 4, 2014 Michael D. Holley
Mr. Tom Howard
Executive Director
State Water Resources Control Board
1001 1 Street
Sacramento, CA 95814
r 4 i.
Subject: Request for Approval of An All a Emergency Wa W`' onservation
Plan per Article 22.5, Sec. 865(b)(2)
Dear Mr. Howard,
I am writing this letter to request foriff H aeration Truckee Donner Public Utility
District's request for approval of an „ r n as e new emergency drought
regulations. Truckee Donner PUD un tan veri �the drought in California
and has been actively p E g water s o ,. and during the drought. We
understand the sever' upply es in ce regions of the State and are
prepared to compl the em A ncy d ht regulations.
t
Truckee Donner " I. is ark '" wate pplier serving approximately 12,500
customers. We have ' 'I ent Plan and associated Water Supply
Conting d I "F It is 111111 r. ant to'poi that our Water Supply Contingency Plan
was A in res to ater Code 10632(a)(3), which states:
"Acts ' o be underta by t rban water supplier to prepare for, and implement
during, astrophic in tion of water supplies including, but not limited to a regional
power ou :A" an earthqu`'. or other disaster."
Truckee Donne' D' �° ter Supply Contingency Plan (and implementing Ordinance
No. 2005-05) wa iV ''1, for a major failure of one or more components of our water
system; it was not w en for a long-term drought. Truckee Donner PUD's Water Supply
Contingency Plan was also written to be triggered by an actual water supply shortage in
our service area. The stage of our plan that first introduces mandatory restrictions on
outdoor irrigation of ornamental landscape or turf with potable water as per Sec. 865(b)(1)
is Stage 2.
1 11570 Donner Pass Rd,Truckee,CA 96161—Phone 530-587-3896—www.tdpud.org
Attachment 4
If Truckee Donner PUD is forced to fully implement Stage 2 of Ordinance 2005-05, we
would be required to prohibit:
® All new connections;
® All outdoor water use; and
® All withdrawal of water for construction purposes.
Although Truckee Donner PUD is experiencing a drought, we are not experiencing a
water supply shortage or emergency. Truckee Donner PUD is e eastern slope of the
Sierra Nevada and are in a watershed that flows to the State ada. Ourwater system
does not impact California's overall water supply and ' ' onal conservation is not
needed to meet water demands next year or and in ' eeable future. Truckee
Donner PUD's efforts over the last five years have re u ,f Ova uction by over 20%.
The Martis Valley groundwater basin has storage rv' st many mo . ars.
Complying with the State emergency regula �� y implementing Sta would create
an undue hardship to our community and " d be unr onable. Pro '}t�vig all new
connections to our water system would harm�` '`' ocal ' °omy and cost j 'bs. Truckee
is a small community with a very short buildings ,' e to the long winters, so even
a temporary halt to construction q be devast . i 4 Furthermore, Truckee Donner
PUD is only anticipating 50 or less ctions th P r so any water savings would
be minimal. Prohibiting all outdoor w' us. 4 e wit al of water for construction
purposes is equally unreasonable giv , at Tr{. ° onn ' UD is not experiencing a
water supply shortage r ency.
Based on all of t ove, Tr u e Don PUD is submitting this formal request for
approval of an ate plan per Seca '65(b)(2). Truckee Donner PUD has an
allocation-based r stru sati the requirements of chapter 3.4
(commenci ith se o �, �Y ' the Water Code (see attached Truckee
Donner nce ;1 'k 014-01). Tru''1 ee Donner PUD believes strongly that an
altern ' ' . an is ria d will achieve a level of conservation that would be
sup to that achie d y im enting limitations on outdoor irrigation to no more than
two
Truckee D r PUD pro es the following alternate plan:
1111
1. Truckee , -, will implement the following new measures:
a. Limi n outdoor irrigation of ornamental landscapes or turf with potable
water t persons we serve to no more than two days per week.
2. Truckee Donner PUD will continue the following measures and activities:
a. Robust communications and outreach including press releases and our
"Watch Your Water" campaign which encourages conservation, promotes a
new tool on our website which allows customers to view their water usage,
and educates customers on the benefits of fixing their leaks
2 11570 Donner Pass Rd,Truckee,CA 96161—Phone 530-587-3896—www.tdpud.org
Attachment 4
b. Successful water conservation programs that include: Water Efficient Toilet
Rebate, Water Efficient Toilet Exchange, Customer Leak Repair Rebate,
and free low-flow fixtures and hose spray nozzles;
c. Promotion of native and drought tolerant plants, the use of landscaping
materials that don't require water, and efficient irrigation equipment through
the Patricia S. Sutton Conservation Garden, seminar series, and web-
based resource; and
d. Stewardship of our local water resources through execution of a
collaborative Groundwater Management Plan associated modeling
effort with Placer County Water Agency and No "r Community Services
District along with participation in the United k Bureau of Reclamations
Truckee River Basin Study and Technical �'; .Group.
We would be happy to provide additional details o pon . , our alternate plan
and appreciate your consideration of this veryi nteuest. T � Donner PUD is
� r
prepared to comply with this alternate plan fo I ng as the current e ency drought
regulations are in effect. Truckee Donner P', ,s concer about the o "u{��' pg drought
and remain committed to do our part to -,e to m supply of ater to our
community.
For questions or additional inform,, n ease cont uckee Donner PUD's Steven
if
Poncelet, steven oncelet td ud.or -3951. �
Please acknowledge re '. 'tf this req .t a estimate of the time needed
by the State Water R trol Bo n! review aact upon this request.
a
Regards,
Michas 'ley
Gep • �� anager
Cc: l' Laliotis, Truc Donner PUD Board President
BosW i , Truckee u ner PUD Board Vice-President
Ron W , Truc onner PUD Board Director
Joe Agu . � hr � • ` Donner PUD Board Director
Jeff Bend e ee Donner PUD Board Director
Tony Las 'C, Town of Truckee Town Manager
David Breninger, Placer County Water Agency General Manager
Mike Staudenmayer, Northstar Community Services District General Manager
Jennifer West, California Municipal Utilities Association Director of Water
Max Gomberg, California State Water Resources Control Board
Eric Oppenheimer, California State Water Resources Control Board
3 11570 Donner Pass Rd,Truckee,CA 96161—Phone 530-587-3896—www.tdpud.org
Attachment 4a
ro
r
Ordinance
SETTING THE WATER MONTHLY RETAIL RATES
WHEREAS The District's retained HDR to conduct a water rate study; and
WHEREAS HDR completed the water rate study and recommended several options to fairly
allocate the cost of service to the District's customers through increased rates; and
WHEREAS a public workshop was held in November 6, 2013 to receive comments from the public
concerning a proposal to adopt such rate increases; and
WHEREAS notices of the proposed retail water rates and public hearing were mailed to all rate
payers and property owners in November 2013; and
WHEREAS a public hearing was held on January 15, 2014; and
WHEREAS the District received protests on the retail water rates from less than the majority of
parcels within the District; and
NOW, THEREFORE, BE IT ENACTED by the Board of Directors of the Truckee Donner Public
Utility District as follows:
Section 1. Effective with bills issued on or after March 15, 2014, the following monthly water rates
shall be effective.
Metered Residential Water Rates - The domestic water rates for single family properties,
individual condominium units and townhouse units equipped with a meter shall consist of three
components, a base charge, a commodity charge and a pump zone charge.
The base charge shall be:
Meter Size Monthly Base Charge
Up to 3/4" $55.59
1 $66.31
The commodity charge shall be:
Monthly Usage Commodity Charge
0 to 8,000 gallons $0.62/1,000 gallons
Over 8,000 gallons $0.77/1,000 gallons
The pump zone charge shall be:
Pump Zone Pump Zone Charge
Pump Zone 1 $0.00 11,000 gallons
Pump Zone 2 $0.30 11,000 gallons
Pump Zone 3 $0.60/ 1,000 gallons
Pump Zone 4 $o.90 11,000 gallons
Pump Zone 5 $1.20/1,000 gallons
Pump Zone 6 $1.50/1,000 gallons
Pump Zone 7 $1.80/ 1,000.gallons
Ordinance 2014-01 1
Attachment 4a
Un-metered Residential Water Rates - The domestic water rates for single family properties,
individual condominium units and townhouse units not equipped with a meter shall be:
Pump Zone Monthly Charge
Pump Zone 1 $62.09
Pump Zone 2 $65.09
Pump Zone 3 $68.09
Pump Zone 4 $71.09
Pump Zone 5 $74.09
Pump Zone 6 $77.09
Pump Zone 7 $80.09
Commercial Water Rates — The commercial water rates for all other multiple dwelling units,
trailer parks, public use, dedicated irrigation and commercial establishments shall consist of
three components, a base charge, a commodity charge and a pump zone charge.
The base charge shall be:
Meter Monthly Base
Size Charge
Up to 3/4" $55.59
1" $66.31
$93.21
2" $128.13
3" $214.50
4" $306.92
6" $460.37
8" $675.47
The commodity charge shall be $1.52/1,000 gallons
The pump zone charge shall be
Pump Zone Pump Zone
Charge
Pump Zone 1 $0.00/1,000 gallons
Pump Zone 2 $0,30/1,000 gallons
Pump Zone 3 $0.60/1,000 gallons
Pump Zone 4 $0.90/ 1,000 gallons
Pump Zone 6 $1.20/1,000 gallons
Pump Zone 6 $1.50/1,000 gallons
Pump Zone 7 $1.80/1,000 gallons
Ordinance 2014-01 2
Attachment 4a
Section 2. Effective with bills issued on or after January 15, 2015 following monthly water rates
shall be effective.
Metered Residential Water Rates - The domestic water rates for single family properties,
individual condominium units and townhouse units equipped with a meter shall consist of three
components, a base charge, a commodity charge and a pump zone charge.
The base charge shall be:
Meter Size Monthly Case Charge
Up to 3/4" $57.28
1" $68.32
The commodity charge shall be:
Monthly Usage Commodity Charge
0 to 8,000 gallons $0.64/1,000 gallons
Over 8,000 gallons $0.80/1,000 gallons
The pump zone charge shall be:
Pump Zone Pump Zone Charge
Pump Zone 1 $0.00/1,000 gallons
Pump Zone 2 $0.35/1,000 gallons
Pump Zone 3 $0.70/1,000 gallons
Pump Zone 4 $1.05/1,000 gallons
Pump Zone 5 $1.40/1,000 gallons
Pump Zone 6 $1.75/1,000 gallons
Pump Zone 7 $2.10/1,000 gallons
Un-metered Residential Water Rates - The domestic water rates for single family properties,
individual condominium units and townhouse units not equipped with a meter shall be:
Pump Zone Monthly Charge
Pump Zone 1 $64.00
Pump Zone 2 $67.50
Pump Zone 3 $71.00
Pump Zone 4 $74.50
Pump Zone 5 $78.00
Pump Zone 6 $81.30
Pump Zone 7 $85.00
Ordinance 2014-01 3
Attachment 4a
Commercial Water Rates — The commercial water rates for all other multiple dwelling units,
trailer parks, public use, dedicated irrigation and commercial establishments shall consist of
three components, a base charge, a commodity charge and a pump zone charge.
The base charge shall be:
Meter Size Monthly Base Charge
Up to 3/4" $57.28
1" $68.32
1.5" $96.04
2" $132.03
3" $221.02
4" $316.25
6" $474.37 _
8" $592.96
The commodity charge shall be$1.57/1,000 gallons
The pump zone charge shall be
Pump Zone Pump Zone Charge
Pump Zone 1 $0.00/1,000 gallons
Pump Zone 2 $0.35/1,000 gallons
Pump Zone 3 $0.70/1,000 gallons
Pump Zone 4 $1.05/ 1,000 gallons
Pump Zone 5 $1.40/ 1,000 gallons
Pump Zone 6 $1.75/ 1,000 gallons
Pump Zone 7 $2.10/ 1,000 gallons
Section 3. Placement of a given customer account into a pump zone for billing purposes shall be
based upon that customer's relationship to the 6170 Pressure Zone. The 6170 Pressure Zone is
deemed to be Pump Zone 1 and all customers located within that pressure zone and other areas
where water can be supplied from 6170 Pressure Zone solely without pumping shall also be
considered part of Pump Zone 1.
For all other areas, a given customer shall be re-classified to the next highest pump zone for each
time the water must be pumped from the 6170 Pressure Zone to supply that customer.
Section 4. It is the District's goal that all customers are equipped with a water meter and billed
volumetrically based upon their usage. It is the District's intent to have water meters installed on all
customers' water services. However, circumstances may exist whereby a customer refuses to
undertake the necessary actions or improvements to allow that customer to be billed on a volumetric
basis.
In those cases, the customer shall be subject to a "non-conforming bulk rate" and shall be charged a
monthly bill for service based on the base charge, commodity charge and pump zone charge
corresponding to that customer's location and class (residential or commercial). For determining the
commodity charge and pump zone charge the customer shall be charged a volume equal to the 90th
percentile of usage for all customers with the same customer class and meter size. This
determination of the 90u' percentile shall occur annually in January and shall be based upon the
metered usage data for the prior calendar year.
Ordinance 2014-01 4
Attachment 4a
Section 5. If no protest is made pursuant to Public Utilities Code Section 16078, then the terms of
this ordinance shall be effective thirty days after adoption by the board of directors of the District.
Section 6. The Clerk of the District shall immediately cause a copy of this ordinance to be
published in a newspaper of general circulation and posted in three places within the District.
Section 7. The provisions of other Ordinances shall remain in effect to the extent that they do not
conflict with this ordinance.
PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District at a
meeting duly called and held within the District on the 151h day of January, 2014 by the following roll
call vote:
AYES: Directors Aguera, Bender, Ellis and Hemig
NOES: None
ABSTAIN: None
ABSENT: Director Laliotis
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By Is'-v &'2'
Bob Ellis, Acting President of the Board
ATTEST; /n
Michael D. Holley, Clerk of the Board
Ordinance 2014-01 5