State Water Board Considering Extension to Drought Emergency Regulations

Best Best & Krieger LLP
Contact

Despite plentiful rain and snow across much of California, the State Water Resources Control Board is considering extending its emergency drought regulations in early February. During a public workshop in Sacramento on Wednesday, representatives of cities, water districts and other public agencies urged the Board to let the emergency regulations expire, pointing to abundant precipitation that has eliminated all but a few pockets of dry conditions in the state.

Board staff will release a formal proposal for extension, possibly as early as next week, with Board action slated for Feb. 7.

The workshop occurred the same day the Department of Water Resources increased its estimate of this year’s State Water Project supply from 45 percent to 60 percent of requests from contractors. The increased allocation is due to powerful storms that have filled many reservoirs, built a deep snowpack, and caused flooding in some areas.

Despite the welcome wet conditions, Board staff noted that Gov. Jerry Brown has not yet lifted his drought emergency proclamations. His most recent drought-related Executive Order can be read here. The current emergency regulations took effect May 31 and expire Feb. 28. They were designed to achieve a 25 percent reduction in statewide potable urban water use. The current regulations, which allow water suppliers to self-certify a conservation standard based on local water supply conditions, replaced prior emergency regulations issued in 2015 that were more stringent and difficult for suppliers to implement.

At the workshop, Board staff members cautioned that drought conditions are unpredictable and could return. They therefore are recommending extending the existing emergency regulations in February, possibly for the legally allowed duration of 270 days, with the option of revisiting the issue in May when the full extent of winter and spring precipitation is known. The extension would include ongoing monthly reporting requirements, as well as prohibitions on certain water uses, such as hosing off sidewalks and watering lawns within 48 hours of rainfall.

Water suppliers have urged an end to the emergency regulations, noting that an extension amid the current wet weather would create a credibility problem for both the Board and agencies. Instead, commenters told the Board that the focus should be on a longer-term statewide water conservation plan, which is currently being developed by several state agencies and the Governor’s Office. A draft version of that plan was issued in late November, and the Governor’s Office is expected to release a final plan sometime in the next few weeks.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Best Best & Krieger LLP | Attorney Advertising

Written by:

Best Best & Krieger LLP
Contact
more
less

Best Best & Krieger LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide