Encinitas Municipal Code § 29.3 Six Standard Water Shortage

The District’s WSCP is currently incorporated into its Water Supply Shortage Response Program and will be replaced with this WSCP to comply with State regulations. The WSCP is designed to establish priorities and restrictions during various types of water shortages, including 10% to greater than 50% reductions in water supply. The WSCP specifies watering restrictions for outdoor irrigation (including golf course, park, school, agriculture, and commercial uses), mobile equipment washing, pool refilling, over-irrigation, and hardscape maintenance.

The District’s WSCP establishes levels of water supply shortage response actions to be implemented in times of anticipated shortages. As discussed in the preceding section, the District sets its drought response levels in accordance with drought response levels determined by the SDCWA and defined in SDCWA’s Water Shortage and Drought Response Plan. The District has developed this WSCP to update its shortage response levels from four to six stages of action to align its plan with the SDCWA’s levels and to comply with CWC 10632(a)(3)(A). The District will recommend that the District Board adopt this Plan in May 2021.

Upon activation of SDCWA’s drought response levels, its Board of Directors will set forth a drought level, and the SDCWA will encourage its member agencies to adopt similar drought levels. The District’s six stages of actions (Levels 1 – 6), as shown in Table 29-2, are a sequential, regulatory program of increasingly stringent water use restrictions. When the District declares that a particular shortage level is in effect, District customers must comply with all regulations contained in the declared stage or face a potential penalty.

Table 29-2: Water Shortage Contingency Plan Stages DWR Table 8-1: Water Shortage Contingency Plan Levels

Shortage Level	Percent Shortage Range	Water Shortage Condition
1	Up to 10%	Includes voluntary water shortage actions to achieve demand reductions, such as water before 10 a.m. and after 6 p m. for residential, commercial, and nursery / commercial growers.
2	Up to 20%	Mandates the voluntary actions included under Level 1 and includes additional measures focused on reducing outdoor water use such as limiting landscape irrigation for residential and commercial properties to 3 assigned days per week and imposing time limits for lawn watering with sprinklers.
3	Up to 30%	Includes mandatory Levels 1 and 2 actions and additional actions focused on reducing outdoor water use such as stop operating ornamental fountains unless recycled water is used and further limiting the number of assigned days per week for residential and commercial landscape irrigation to 2 days (one day per week November through May). The District will also suspend new potable water services and new temporary and permanent meters unless the District provides a program to offset new water demands equal to the new use. The District may also establish a water allocation policy for properties served and suspend considerations of annexations to its service area.
4	Up to 40%	Includes mandatory Levels 1, 2, and 3 actions and additional water shortage actions such as preventing filling / refilling of ornamental lakes or ponds (except to sustain aquatic life).
5	Up to 50%	Includes mandatory Levels 1, 2, 3, and 4 actions and additional actions focused on reducing outdoor water use such as prohibiting all landscape irrigation (with exceptions for commercial growers, nurseries, and other listed uses).
6	>50%	Includes mandatory Levels 1, 2, 3, 4, and 5 actions and additional actions focused on reducing outdoor water use such as expanding prohibitions on all landscape irrigation by removing several exclusions permitted under Level 5.

The District will compare its projected local and imported water supplies against its projected water demands. If the District’s water supply and demand assessment anticipates that available supplies will be less than projected demands, it will then determine the percentage reduction in demands that is required to offset water supply shortages. The District will trigger the appropriate shortage response stage to achieve the required demand reductions, in conjunction with the SDCWA and MWD.

The demand reduction actions associated with each of the District’s six shortage levels are described in more detail in Section 29.3.1.

Section 29.3.1. Shortage Response Actions.¶

Voluntary or mandatory water use restrictions and prohibitions to be implemented for each stage are discussed below and listed in Table 29-3.

(a) Water Shortage Response Level 1 (10% Reduction). Level 1 may apply when there is a reasonable probability that there will be water supply shortages and that a consumer demand reduction of up to 10% is required. At this stage restrictions are voluntary, and the District would increase its public education and outreach efforts to encourage customers to take actions to conserve water. A Level 1 condition is declared by the General Manager upon a written determination of the existence of the facts and circumstances supporting the determination. Some voluntary measures under Level 1 include stop hosing down paved surfaces, stop runoff from landscape irrigation, wash vehicles with a hand-held hose / shutoff nozzle or at a commercial site with re-circulated water, provide restaurant water refills and hotel laundering only upon request, use non-potable water for construction purposes when available, and repair all leaks within five days of notification. At this stage, residential and commercial customers and nursery and commercial growers are encouraged to water before 10 a.m. and after 6 p.m. It is also encouraged that re-circulated water is used to operate ornamental fountains. Landscape irrigation restrictions do not apply to micro-irrigation systems such as drip irrigation.

(b) Water Shortage Response Level 2 (20% Reduction). Level 2 may apply when a consumer demand reduction of up to 20% is necessary. At this stage, all of the voluntary water use reduction measures in Level 1 become mandatory and additional mandatory water use restrictions are implemented. During a Level 2 condition, customers are also required to repair all leaks within 72 hours of notification, stop operating ornamental fountains or similar decorative water features unless re-circulated or recycled water is used, limit residential and commercial landscape irrigation to three assigned days per week, and limit lawn watering to no more than 10 minutes per water station per assigned day. Landscape irrigation restrictions do not apply to micro-irrigation systems such as drip irrigation. The Level 2 condition shall be declared by the District’s Board of Directors (Encinitas City Council).

Under Level 2 conditions, The District may also implement drought rates at Level 2 and above.

(c) Water Shortage Response Level 3 (30% Reduction). Level 3 represents an increased shortage up to 30% due to drought or other supply reductions. At this stage, Level 1 and Level 2 restrictions apply and additional mandatory prohibitions are established. Additional mandatory actions established under Level 3 restrictions include further limiting residential and commercial landscape irrigation to two assigned days per week (no more than once per week November through May), requiring leak repair within 48 hours of notification, stopping operation of ornamental fountains or similar decorative water features unless recycled water is used, and stopping all vehicle washing except at commercial car washes that re-circulate water or by high pressure / low volume wash systems. Landscape irrigation restrictions do not apply to micro-irrigation systems such as drip irrigation. At Level 3 and above, the District may establish a water allocation for any property served by the District and will suspend considerations of annexations to its service area. The District will also begin to implement water waste monitoring and may assess penalties and fines for violations. Restrictions and prohibitions against specific water use practices associated with each level, and penalties for violation, are discussed in Section 29.6.

(d) Water Shortage Response Level 4 (40% Reduction). Level 4 is implemented when a consumer demand reduction of up to 40% is necessary. At this stage, Level 1 through Level 3 restrictions apply and additional mandatory prohibitions are established. Additional mandatory actions established under Level 4 restrictions include stopping filling or refilling of ornamental lakes and ponds (except to the extent needed to sustain aquatic life). Landscape irrigation restrictions do not apply to micro-irrigation systems such as drip irrigation. At Level 4 and above, the District will suspend new potable water services and new temporary or permanent meters within the District’s service area unless the District establishes a program to offset the new potable water demands. The District will also begin to implement water waste enforcement and will assess penalties and fines for violation starting at Level 4.

(e) Water Shortage Response Level 5 (50% Reduction). Level 5 is implemented when a consumer demand reduction of up to 50% is necessary. At this stage, Level 1 through Level 4 restrictions apply and additional mandatory prohibitions are established. Additional mandatory actions established under Level 5 restrictions include stopping all landscape irrigation with the exception of crops and landscape products of commercial growers and nurseries and other listed exceptions (trees and shrubs watered by bucket / hand-held hose / positive shut-off nozzle / low-volume non-spray irrigation, fire protection, erosion control, rare or essential plant materials, public parks / day care centers / school grounds / cemeteries / golf course greens not exceeding two days per week, livestock water, public works projects, and actively irrigated environmental mitigation projects) and requiring leak repair within 24 hours of notification. Landscape irrigation restrictions do not apply to micro-irrigation systems such as drip irrigation.

(f) Water Shortage Response Level 6 (Greater Than 50% Reduction). Level 6 is implemented when a consumer demand reduction of greater than 50% is necessary. At this stage, Level 1 through Level 5 restrictions apply and additional mandatory prohibitions are established. Additional mandatory actions established under Level 6 restrictions include further limiting the exceptions to the Level 5 landscape irrigation prohibitions to only include crops and landscape products of commercial growers and nurseries and other listed exceptions (fire protection, erosion control, rare or essential plant materials, livestock water, public works projects, and actively irrigated environmental mitigation projects). Landscape irrigation restrictions do not apply to micro-irrigation systems such as drip irrigation.

Table 29-3: Shortage Response Actions by Stage DWR Table 8-2: Demand Reduction Actions

Shortage Level	Demand Reduction Actions	Shortage Gap Reduction	Additional Explanation or Reference (optional)	Penalty, Charge, or Other Enforcement?
1	Other - Prohibit use of potable water for washing hard surfaces	1%		No
1	Landscape - Restrict or prohibit runoff from landscape irrigation	0.1%		No
1	Other - Prohibit vehicle washing; except at facilities using recycled or recirculating water	1%	Wash vehicles with hand-held hose / shut-off nozzle and bucket or at a commercial site with re-circulating water.	No
1	Landscape - Limit landscape irrigation to specific times	3%	Irrigate residential and commercial landscape before 10 a.m. and after 6 p.m. only. Nursery and commercial growers irrigate before 10 a.m. and after 6 p.m. only.	No
1	Other	1%	Vehicles must be washed using a bucket, hand-held hose with positive shut-off nozzle, or at a commercial site that re-circulated water.	No
1	CII - Restaurants may only serve water upon request	0.1%		No
1	CII - Lodging establishment must offer opt out of linen service	0.1%		No
1	Other - Customers must repair leaks, breaks, and malfunctions in a timely manner	1%	Repair all leaks within 5 days of detection or notification by the District.	No
1	Other - Prohibit use of potable water for construction and dust control	< 0.1%	When recycled / non-potable water is available.	No
1	Other	Variable	Comply with any mandatory regulations established by any State agency governing the use of water.	No
1	Water features - Restrict water use for decorative water features, such as fountains	1%	Use re-circulated water or recycled water to operate ornamental fountains.	No
1	Expand public information campaign	1%		No
1	Implement or modify drought rate structure or surcharge	2%	May implement drought rate structure.	No
2	Other - Prohibit use of potable water for washing hard surfaces	1%		Yes
2	Landscape - Restrict or prohibit runoff from landscape irrigation	0.1%		Yes
2	Other - Prohibit vehicle washing except at facilities using recycled or re-circulating water	1%	Wash vehicles with hand-held hose / shut-off nozzle and bucket or at a commercial site with re-circulating water.	Yes
2	Landscape - Limit landscape irrigation to specific times	3%	Irrigate residential and commercial landscape before 10 a.m. and after 6 p.m. only. Nursery and commercial growers irrigate before 10 a.m. and after 6 p.m. only.	Yes
2	Other	1%	Vehicles must be washed using a bucket, hand-held hose with positive shut-off nozzle, or at a commercial site that re-circulated water.	Yes
2	CII - Restaurants may only serve water upon request	0.1%		Yes
2	CII - Lodging establishment must offer opt out of linen service	0.1%		Yes
2	Other - Customers must repair leaks, breaks, and malfunctions in a timely manner	1%	Repair all leaks within 72 hours of detection or notification by the District.	Yes
2	Other - Prohibit use of potable water for construction and dust control	< 0.1%	When recycled / non-potable water is available	Yes
2	Other	Variable	Comply with any mandatory regulations established by any State agency governing the use of water.	Yes
2	Water features - Restrict water use for decorative water features such as fountains	1%	Stop operation unless re-circulated or recycled water is used.	Yes
2	Expand public information campaign	5%		Yes
2	Implement or modify drought rate structure or surcharge	2%	May implement drought rate structure.	Yes
2	Landscape - Limit landscape irrigation to specific days	8%	No more than 3 assigned days per week.	Yes
2	Landscape - Other landscape restriction or prohibition	3%	Limit watering using sprinklers to no more than 10 minutes per watering station per assigned day.	Yes
3	Landscape - Limit landscape irrigation to specific days	18%	No more than 2 assigned days per week (no more than once per week November to May).	Yes
3	Other - Customers must repair leaks, breaks, and malfunctions in a timely manner	2%	Repair all leaks within 48 hours of detection or notification by the District.	Yes
3	Other	Variable	Suspend considerations of annexations to the service area.	Yes
3	Other	Variable	May establish a water allocation policy.	Yes
3	Water features - Restrict water use for decorative water features, such as fountains	1%	Stop operation unless recycled water is used.	Yes
3	Other - Prohibit vehicle washing except at facilities using recycled or recirculating water	1%	Stop washing vehicles except at commercial carwashes that re-circulate water, or by high pressure / low volume wash systems.	Yes
4	Water features - Restrict water use for decorative water features, such as fountains	1%	Stop filling or refilling ornamental lakes or ponds, except to the extent needed to sustain aquatic life.	Yes
4	Moratorium or net zero demand increase on new connections	Variable	Suspend new potable water services and new temporary and permanent meters unless the District provides a program to offset new potable water demands.	Yes
5	Other - Customers must repair leaks, breaks, and malfunctions in a timely manner	4%	Repair all leaks within 24 hour of detection or notification by the District.	Yes
5	Landscape - Prohibit all landscape irrigation	26%	With the exception of crops and landscape products of commercial growers and nurseries and other noted exceptions (trees and shrubs watered by bucket / handheld hose / positive shut-off nozzle / low-volume nonspray irrigation, fire protection, erosion control, rare or essential plant materials, public parks / day care centers / school grounds / cemeteries / golf course greens not exceeding 2 days per week, livestock water, public works projects, and actively irrigated environmental mitigation projects).	Yes
6	Landscape - Prohibit all landscape irrigation	30%	With the exception of crops and landscape products of commercial growers and nurseries and other noted exceptions (fire protection, erosion control, rare or essential plant materials, livestock water, public works projects, and actively irrigated environmental mitigation projects.	Yes
6	Moratorium or net zero demand increase on new connections	Variable	Suspend new potable water services and new temporary and permanent meters.	Yes

NOTES:
Mandatory water shortage restrictions enforced in previous stages also apply to the current stage unless the current stage includes an equivalent action to reflect stricter measures, in which case the stricter measure would apply.

(Ord. 2021-01, adopted 5/19/21)

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