In the wake of Gov. Jerry Brown’s Executive Order calling for mandatory water reductions statewide, the State Water Resources Control Board went to work immediately on drafting emergency measures. Since Brown’s order two weeks ago, SWRCB staff have held discussions with cities, agencies, interest groups and media across the state in an effort to create enforceable measures that would cut statewide water use by 25 percent. Draft regulations are expected to be released Friday.

Many questions are being asked during these discussions. In response, the SWRCB posted a new fact sheet on Monday. Here are several of the information items included in the four-page FAQ:

Q: How is a “median” defined?

A: The Executive Order prohibits “irrigation with potable water outside of ornamental turf on public street medians.” The Executive Order does not include a specific definition of a median, but a median is commonly considered to be a strip of land between street lanes. In some cases, discretion and reasonable judgment will need to be exercised in determining whether certain areas are considered medians and subject to a regulation adopted by the Board. We also urge urban water suppliers and municipalities to stop irrigating non-functional ornamental turf, such as strips bordering street lanes.

Q: How does the State Water Board plan to implement Provision 8 of the Executive Order which calls for direction to develop rate structures and other mechanisms to reduce water use?

A: Provision 8 directs the Board to work with water agencies and state agencies to identify mechanisms that will encourage the adoption of rate structures and other pricing mechanisms to maximize conservation. Regulations may or may not be needed to implement this provision. The Board does not have a set date for taking action on this provision, but is moving quickly to identify the most promising mechanisms and find feasible implementation pathways. Discussions are now underway with water agencies and other experts about the financial, technical, political, and legal challenges associated with changing rates, surcharges, and

other fees. The Board intends to work with all parties, including the Legislature, to make rates and pricing an important element of short-term and longer-term conservation strategies.

Q: Who will enforce the required reductions in water use?

A: The State Water Board is primarily responsible for enforcing the required reduction in water use. The Proposed Regulatory Framework describes existing and suggested enforcement tools that could be used alone, or in combination, to address the following compliance problems:

• Failure of water suppliers to file reports as required by the regulation;
• Failure to implement prohibitions and restrictions as described in the Governor’s Executive Orders and the emergency regulation; and
• Failure of water suppliers to meet the assigned water use reduction target.

Violations of prohibited and restricted activities are considered infractions and are punishable by fines of up to $500 for each day in which the violation occurs. Any peace officer or employee of a public agency charged with enforcing laws and authorized to do so by ordinance may issue a citation to the violator. In many areas, local water suppliers have additional compliance and enforcement authorities that will continue to be used to address water waste.

Q: Will businesses and industry be required to reduce the amount of water needed for manufacturing and other purposes?

A: There are no specific percentage reductions assigned to any sector of a water supplier’s service area. Under the proposed framework, each affected water supplier will be required to reduce their total potable water production by a specified percentage. Water suppliers will determine locally the actions that they will take to ensure that their commercial, industrial and institutional sectors are contributing to meeting these requirements and in what amounts. For many commercial, industrial, and institutional water users, we envision that the majority of their water savings would be achieved through a reduction in outdoor water use and improved efficiency.