Stage 2 – Water Shortage and Enactment of Mandatory Conservation Measures

RESOLUTION NO. 2022-09

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE AMADOR WATER AGENCY

DECLARING A STAGE 2 WATER SHORTAGE AND ENACTING MANDATORY CONSERVATION MEASURES

WHEREAS, the State of California is experiencing critically dry conditions and is in the third year of below normal or dry conditions;

WHEREAS, Governor Newsom has declared a state of drought emergency to exist in most counties in California, including Amador County, and by executive order has called on the State Water Resources Control Board to implement drought emergency regulations for water use statewide;

WHEREAS, the State Water Resources Control Board adopted drought emergency regulations on May 24, 2022, requiring water agencies including Amador Water Agency to implement demand reduction actions identified in the Agency’s water shortage contingency plan for a shortage level of 10 to 20 percent;

WHEREAS, on August 24, 2021, Amador Water Agency received orders regarding its appropriative water rights for the Central Amador Water Project and for diversion from Sutter Creek declaring water is unavailable and ordering curtailment for most water rights, including pre- and post-1914 appropriative rights, including Amador Water Agency’s rights; those curtailments were later suspended, but the suspension was removed and the curtailment became effective June 8, 2022;

WHEREAS, Amador Water Agency can continue to serve customers using previously diverted and stored water;

WHEREAS, Amador Water Agency adopted Resolution 2021-10 declaring a

Stage 1 Water Alert on September 9, 2021 , and adopted Resolution 2022-03 on June 9, 2022, revising its Stage 1 Water Alert to comply with new State regulations; and

WHEREAS, Amador Water Agency recently updated the conservation provisions in its Water Code to correlate to current State terminology regarding water shortage levels, and in the new Water Code, a Stage 2 Water Shortage targets 20 percent savings.

NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Amador Water Agency as follows:

1. A water shortage condition exists in Amador County and the surrounding region.
2. Amador Water Agency declares a Stage 2 Water Shortage per Section 3.02(b) of its Water Code, calling for a reduction in use up to 20%, and mandates the following updated conservation measures. All mandatory conservation measures in Sections 3.01 and 3.02(a) remain mandatory, and with this Resolution, the mandatory conservation measures in Section 3.02(b) are in effect. Because the Water Code was recently updated, the cumulative conservation measures are listed below. Where measures are progressive, the strictest of the measures listed below will apply.

Section 3.01

• To prevent the waste and unreasonable use of water and 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:

Application of potable water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, nonirrigated areas, private and public walkways, roadways, parking lots, or structures;

• 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;
• Application of potable water to driveways and sidewalks;
• Use of potable water in a fountain or other decorative water feature, except where the water is part of a recirculating system;
• Application of potable water to outdoor landscapes during and within 48 hours after measurable rainfall;
• Serving of drinking water other than upon request in eating and drinking establishments, including but not limited to restaurants, hotels, cafes, cafeterias, bars or other public places where food or drink are served and/or purchased;
• Irrigation with potable water outside of newly constructed homes and buildings that is not delivered by drip or microspray systems;
• Irrigation with the potable water of turfgrass in public street medians;
• Unauthorized use of hydrants. Authorization for use must be given by the Agency per Water Code Section 2.30(d);
• New irrigation with potable water of turfgrass at commercial, industrial, and institutional sites where the turfgrass is solely ornamental and not regularly used for human recreational purposes or for civic or community events;

(1 1) Excessive use, loss or escape of water through breaks, leaks or other malfunctions in the water user’s plumbing or distribution system for any period of time after such escape of water should have reasonably been discovered and corrected and in no event more than seven (7) days of receiving notice from the Agency;

• Installation of single pass cooling systems in buildings requesting new Water Service; and
• Installation or operation of non-re-circulating water systems is prohibited in new commercial conveyor car wash and new commercial laundry systems.

• To promote water conservation, operators of hotels and motels shall provide guests with the option of choosing not to have towels and linens laundered daily. The hotel or motel shall prominently display notice of this option in each guestroom using clear and easily understood language.
• Fix water leaks within 72 hours;
• Recommend use of water conservation kits supplied by AWA or other water utilities;
• Washing patios, parking lots, and tennis courts with water is prohibited;
• Drinking water may not be used in scenic ponds and lakes except for the minimum amount needed to support existing aquatic life;
• Water turfgrass only three times per week; and
• Discontinue watering turfgrass, gardens or any other irrigation between the hours of 9:00 a.m. and 7:00 p.m.

Section 3.02(b)—Stage 2

Emptying and refilling of swimming pools and hot tubs is prohibited. (Maintaining pools, hot tubs and fire protection storage facilities at normal operating levels is permitted);

• Fix leaks within 48 hours;
• Water turfgrass only two times per week;
• Plant containers, shrubs, and vegetable gardens may be watered additional days using only drip irrigation or hand watering, provided that any such drip irrigation system or hose is equipped with a working and activated automatic shut-off device. Trees should be watered separately from turfgrass to retain tree health; and
• No irrigation of landscaping for new construction.

3. Per Section 3.03 of Amador Water Agency’s Water Code, the Agency’s primary focus is customer education on the critical need to conserve water resources, however, failure to observe these mandatory water conservation measures is a violation of the law and therefore may be subject to fines and the following actions:

• First violation: A written warning that further violation will result in possible water restrictions.
• Second violation: A water restriction device will be placed on the customer’s Meter for one-week and associated call fees will be charged to the customer.
• Third violation: A water restriction device will be placed on the customer’s Meter for the duration of the water drought or water emergency, and associated service call fees will be charged to the customer.
• Variances: May be granted from any of the above regulations and restrictions upon application in writing stating in detail the reason therefore.

4. This water shortage condition shall remain in effect until the Board of Directors of the Amador Water Agency determines that it is no longer needed.

PASSED AND ADOPTED by the Board of Directors of the Amador Water Agency on this 27th day of October, 2022.