HomeMy WebLinkAboutAgenda Packet - EVWD Board of Directors - 07/27/2022BOARD OF DIRECTORS
JULY 27, 2022
East Valley Water District was formed in 1954 and provides water and wastewater services to
103,000 residents within the cities of San Bernardino and Highland, and portions of San
Bernardino County.
EVWD operates under the direction of a 5member elected Board.
GOVERNING BOARD EXECUTIVE MANAGEMENT
Phillip R. Goodrich
Chairman of the Board
John Mura
General Manager/CEO
James Morales, Jr.
ViceChairman
Brian Tompkins
Chief Financial Officer
Chris Carrillo
Governing Board Member
Jeff Noelte
Director of Engineering & Operations
Ronald L. Coats
Governing Board Member
Kelly Malloy
Director of Strategic Services
David E. Smith
Governing Board Member
Kerrie Bryan
Director of Administrative Services
Justine Hendricksen
District Clerk
Patrick Milroy
Operations Manager
Rocky Welborn
Water Reclamation Manager
Board of Directors Regular Meeting and Public Hearing
July 27, 2022 5:30 PM
Closed Session begins at 4:30 p.m.
31111 Greenspot Road, Highland, CA 92346
www.eastvalley.org
PLEASE NOTE:
Materials related to an item on this agenda submitted to the Board after distribution of the
agenda packet are available for public inspection in the District’s office located at 31111
Greenspot Rd., Highland, during normal business hours. Also, such documents are available
on the District’s website at eastvalley.org and are subject to staff’s ability to post the
documents before the meeting.
Pursuant to Government Code Section 54954.2(a), any request for a disabilityrelated
modification or accommodation, including auxiliary aids or services, that is sought in order
to participate in the above agendized public meeting should be directed to the District Clerk
at (909) 8854900 at least 72 hours prior to said meeting.
In order to comply with legal requirements for posting of agenda, only those items filed
with the District Clerk by 12:00 p.m. on Wednesday prior to the following Wednesday
meeting not requiring departmental investigation, will be considered by the Board of
Directors.
CALL TO ORDER
ROLL CALL OF BOARD MEMBERS
PUBLIC COMMENTS
Any person wishing to speak to the Board of Directors is asked to complete a Speaker
Card and submit it to the District Clerk prior to the start of the meeting. Each speaker is
limited to three (3) minutes, unless waived by the Chairman of the Board. Under the State
of California Brown Act, the Board of Directors is prohibited from discussing or taking
action on any item not listed on the posted agenda. The matter will automatically be
referred to staff for an appropriate response or action and may appear on the agenda at a
future meeting.
1.AGENDA
This agenda contains a brief general description of each item to be considered.
Except as otherwise provided by law, no action shall be taken on any item not
appearing on the following agenda unless the Board of Directors makes a
determination that an emergency exists or that a need to take immediate action on
the item came to the attention of the District subsequent to the posting of the
agenda.
a.Approval of Agenda
RECESS INTO CLOSED SESSION
2.CLOSED SESSION
a.PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code Section 54957)
Title: General Manager/CEO
5:30 PM RECONVENE MEETING
PLEDGE OF ALLEGIANCE
ROLL CALL OF BOARD MEMBERS
ANNOUNCEMENT OF CLOSED SESSION ACTIONS ITEMS
PRESENTATIONS AND CEREMONIAL ITEMS
Introduction of Newly Hired Employees
David Rojas, Field Service Worker I
Ricardo Hernandez Moreno, Field Service Worker I
PUBLIC COMMENTS
3.APPROVAL OF CONSENT CALENDAR
All matters listed under the Consent Calendar are considered by the Board of
Directors to be routine and will be enacted in one motion. There will be no
discussion of these items prior to the time the board considers the motion unless
members of the board, the administrative staff, or the public request specific items
to be discussed and/or removed from the Consent Calendar.
a.Approve July 13, 2022 Regular Board Meeting Minutes
b.Approve Investment Report for Quarter Ended June 30, 2022
c.June 2022 Disbursements: Accounts payable disbursements for the period
include check numbers 259530 through 259689, bank drafts, and ACH
payments in the amount $20,050,933.49 and $375,679.89
4.DISCUSSION AND POSSIBLE ACTION ITEMS
a.Consider Adoption of Ordinance No. 403 Revising Section 15 Water
Conservation of Water Rules and Regulations, Public Hearing
b.Consider Adoption of Resolution 2022.12 Adopting the 2022 Water Shortage
Contingency Plan, Public Hearing
c.Consider Adoption of Resolution 2022.13 Implementing Stage 2 of the 2022
Water Shortage Contingency Plan, Public Hearing
d.Consider Approval of the Water Systems Consulting, Inc. Contract for the
Development of the Drought Contingency Plan
e.Consider Approval of Board Meeting Cancellation
f.Review General Manager/CEO Achievement of Goals and Objectives and
Consider Determination of Performance Award
5.REPORTS
a.Board of Directors’ Reports
b.General Manager/CEO Report
c.Legal Counsel Report
d.Board of Directors’ Comments
ADJOURN
BOARD OF DIRECTORSJULY 27, 2022East Valley Water District was formed in 1954 and provides water and wastewater services to103,000 residents within the cities of San Bernardino and Highland, and portions of SanBernardino County.EVWD operates under the direction of a 5member elected Board.GOVERNING BOARD EXECUTIVE MANAGEMENTPhillip R. GoodrichChairman of the Board John MuraGeneral Manager/CEOJames Morales, Jr.ViceChairman Brian TompkinsChief Financial OfficerChris CarrilloGoverning Board Member Jeff NoelteDirector of Engineering & OperationsRonald L. CoatsGoverning Board Member Kelly MalloyDirector of Strategic ServicesDavid E. SmithGoverning Board Member Kerrie BryanDirector of Administrative ServicesJustine HendricksenDistrict ClerkPatrick Milroy
Operations Manager
Rocky Welborn
Water Reclamation Manager
Board of Directors Regular Meeting and Public Hearing
July 27, 2022 5:30 PM
Closed Session begins at 4:30 p.m.
31111 Greenspot Road, Highland, CA 92346
www.eastvalley.org
PLEASE NOTE:
Materials related to an item on this agenda submitted to the Board after distribution of the
agenda packet are available for public inspection in the District’s office located at 31111
Greenspot Rd., Highland, during normal business hours. Also, such documents are available
on the District’s website at eastvalley.org and are subject to staff’s ability to post the
documents before the meeting.
Pursuant to Government Code Section 54954.2(a), any request for a disabilityrelated
modification or accommodation, including auxiliary aids or services, that is sought in order
to participate in the above agendized public meeting should be directed to the District Clerk
at (909) 8854900 at least 72 hours prior to said meeting.
In order to comply with legal requirements for posting of agenda, only those items filed
with the District Clerk by 12:00 p.m. on Wednesday prior to the following Wednesday
meeting not requiring departmental investigation, will be considered by the Board of
Directors.
CALL TO ORDER
ROLL CALL OF BOARD MEMBERS
PUBLIC COMMENTS
Any person wishing to speak to the Board of Directors is asked to complete a Speaker
Card and submit it to the District Clerk prior to the start of the meeting. Each speaker is
limited to three (3) minutes, unless waived by the Chairman of the Board. Under the State
of California Brown Act, the Board of Directors is prohibited from discussing or taking
action on any item not listed on the posted agenda. The matter will automatically be
referred to staff for an appropriate response or action and may appear on the agenda at a
future meeting.
1.AGENDA
This agenda contains a brief general description of each item to be considered.
Except as otherwise provided by law, no action shall be taken on any item not
appearing on the following agenda unless the Board of Directors makes a
determination that an emergency exists or that a need to take immediate action on
the item came to the attention of the District subsequent to the posting of the
agenda.
a.Approval of Agenda
RECESS INTO CLOSED SESSION
2.CLOSED SESSION
a.PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code Section 54957)
Title: General Manager/CEO
5:30 PM RECONVENE MEETING
PLEDGE OF ALLEGIANCE
ROLL CALL OF BOARD MEMBERS
ANNOUNCEMENT OF CLOSED SESSION ACTIONS ITEMS
PRESENTATIONS AND CEREMONIAL ITEMS
Introduction of Newly Hired Employees
David Rojas, Field Service Worker I
Ricardo Hernandez Moreno, Field Service Worker I
PUBLIC COMMENTS
3.APPROVAL OF CONSENT CALENDAR
All matters listed under the Consent Calendar are considered by the Board of
Directors to be routine and will be enacted in one motion. There will be no
discussion of these items prior to the time the board considers the motion unless
members of the board, the administrative staff, or the public request specific items
to be discussed and/or removed from the Consent Calendar.
a.Approve July 13, 2022 Regular Board Meeting Minutes
b.Approve Investment Report for Quarter Ended June 30, 2022
c.June 2022 Disbursements: Accounts payable disbursements for the period
include check numbers 259530 through 259689, bank drafts, and ACH
payments in the amount $20,050,933.49 and $375,679.89
4.DISCUSSION AND POSSIBLE ACTION ITEMS
a.Consider Adoption of Ordinance No. 403 Revising Section 15 Water
Conservation of Water Rules and Regulations, Public Hearing
b.Consider Adoption of Resolution 2022.12 Adopting the 2022 Water Shortage
Contingency Plan, Public Hearing
c.Consider Adoption of Resolution 2022.13 Implementing Stage 2 of the 2022
Water Shortage Contingency Plan, Public Hearing
d.Consider Approval of the Water Systems Consulting, Inc. Contract for the
Development of the Drought Contingency Plan
e.Consider Approval of Board Meeting Cancellation
f.Review General Manager/CEO Achievement of Goals and Objectives and
Consider Determination of Performance Award
5.REPORTS
a.Board of Directors’ Reports
b.General Manager/CEO Report
c.Legal Counsel Report
d.Board of Directors’ Comments
ADJOURN
BOARD OF DIRECTORSJULY 27, 2022East Valley Water District was formed in 1954 and provides water and wastewater services to103,000 residents within the cities of San Bernardino and Highland, and portions of SanBernardino County.EVWD operates under the direction of a 5member elected Board.GOVERNING BOARD EXECUTIVE MANAGEMENTPhillip R. GoodrichChairman of the Board John MuraGeneral Manager/CEOJames Morales, Jr.ViceChairman Brian TompkinsChief Financial OfficerChris CarrilloGoverning Board Member Jeff NoelteDirector of Engineering & OperationsRonald L. CoatsGoverning Board Member Kelly MalloyDirector of Strategic ServicesDavid E. SmithGoverning Board Member Kerrie BryanDirector of Administrative ServicesJustine HendricksenDistrict ClerkPatrick Milroy Operations ManagerRocky Welborn Water Reclamation ManagerBoard of Directors Regular Meeting and Public HearingJuly 27, 2022 5:30 PMClosed Session begins at 4:30 p.m.31111 Greenspot Road, Highland, CA 92346 www.eastvalley.orgPLEASE NOTE:Materials related to an item on this agenda submitted to the Board after distribution of theagenda packet are available for public inspection in the District’s office located at 31111Greenspot Rd., Highland, during normal business hours. Also, such documents are availableon the District’s website at eastvalley.org and are subject to staff’s ability to post thedocuments before the meeting.Pursuant to Government Code Section 54954.2(a), any request for a disabilityrelatedmodification or accommodation, including auxiliary aids or services, that is sought in orderto participate in the above agendized public meeting should be directed to the District Clerkat (909) 8854900 at least 72 hours prior to said meeting.
In order to comply with legal requirements for posting of agenda, only those items filed
with the District Clerk by 12:00 p.m. on Wednesday prior to the following Wednesday
meeting not requiring departmental investigation, will be considered by the Board of
Directors.
CALL TO ORDER
ROLL CALL OF BOARD MEMBERS
PUBLIC COMMENTS
Any person wishing to speak to the Board of Directors is asked to complete a Speaker
Card and submit it to the District Clerk prior to the start of the meeting. Each speaker is
limited to three (3) minutes, unless waived by the Chairman of the Board. Under the State
of California Brown Act, the Board of Directors is prohibited from discussing or taking
action on any item not listed on the posted agenda. The matter will automatically be
referred to staff for an appropriate response or action and may appear on the agenda at a
future meeting.
1.AGENDA
This agenda contains a brief general description of each item to be considered.
Except as otherwise provided by law, no action shall be taken on any item not
appearing on the following agenda unless the Board of Directors makes a
determination that an emergency exists or that a need to take immediate action on
the item came to the attention of the District subsequent to the posting of the
agenda.
a.Approval of Agenda
RECESS INTO CLOSED SESSION
2.CLOSED SESSION
a.PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code Section 54957)
Title: General Manager/CEO
5:30 PM RECONVENE MEETING
PLEDGE OF ALLEGIANCE
ROLL CALL OF BOARD MEMBERS
ANNOUNCEMENT OF CLOSED SESSION ACTIONS ITEMS
PRESENTATIONS AND CEREMONIAL ITEMS
Introduction of Newly Hired Employees
David Rojas, Field Service Worker I
Ricardo Hernandez Moreno, Field Service Worker I
PUBLIC COMMENTS
3.APPROVAL OF CONSENT CALENDAR
All matters listed under the Consent Calendar are considered by the Board of
Directors to be routine and will be enacted in one motion. There will be no
discussion of these items prior to the time the board considers the motion unless
members of the board, the administrative staff, or the public request specific items
to be discussed and/or removed from the Consent Calendar.
a.Approve July 13, 2022 Regular Board Meeting Minutes
b.Approve Investment Report for Quarter Ended June 30, 2022
c.June 2022 Disbursements: Accounts payable disbursements for the period
include check numbers 259530 through 259689, bank drafts, and ACH
payments in the amount $20,050,933.49 and $375,679.89
4.DISCUSSION AND POSSIBLE ACTION ITEMS
a.Consider Adoption of Ordinance No. 403 Revising Section 15 Water
Conservation of Water Rules and Regulations, Public Hearing
b.Consider Adoption of Resolution 2022.12 Adopting the 2022 Water Shortage
Contingency Plan, Public Hearing
c.Consider Adoption of Resolution 2022.13 Implementing Stage 2 of the 2022
Water Shortage Contingency Plan, Public Hearing
d.Consider Approval of the Water Systems Consulting, Inc. Contract for the
Development of the Drought Contingency Plan
e.Consider Approval of Board Meeting Cancellation
f.Review General Manager/CEO Achievement of Goals and Objectives and
Consider Determination of Performance Award
5.REPORTS
a.Board of Directors’ Reports
b.General Manager/CEO Report
c.Legal Counsel Report
d.Board of Directors’ Comments
ADJOURN
BOARD OF DIRECTORSJULY 27, 2022East Valley Water District was formed in 1954 and provides water and wastewater services to103,000 residents within the cities of San Bernardino and Highland, and portions of SanBernardino County.EVWD operates under the direction of a 5member elected Board.GOVERNING BOARD EXECUTIVE MANAGEMENTPhillip R. GoodrichChairman of the Board John MuraGeneral Manager/CEOJames Morales, Jr.ViceChairman Brian TompkinsChief Financial OfficerChris CarrilloGoverning Board Member Jeff NoelteDirector of Engineering & OperationsRonald L. CoatsGoverning Board Member Kelly MalloyDirector of Strategic ServicesDavid E. SmithGoverning Board Member Kerrie BryanDirector of Administrative ServicesJustine HendricksenDistrict ClerkPatrick Milroy Operations ManagerRocky Welborn Water Reclamation ManagerBoard of Directors Regular Meeting and Public HearingJuly 27, 2022 5:30 PMClosed Session begins at 4:30 p.m.31111 Greenspot Road, Highland, CA 92346 www.eastvalley.orgPLEASE NOTE:Materials related to an item on this agenda submitted to the Board after distribution of theagenda packet are available for public inspection in the District’s office located at 31111Greenspot Rd., Highland, during normal business hours. Also, such documents are availableon the District’s website at eastvalley.org and are subject to staff’s ability to post thedocuments before the meeting.Pursuant to Government Code Section 54954.2(a), any request for a disabilityrelatedmodification or accommodation, including auxiliary aids or services, that is sought in orderto participate in the above agendized public meeting should be directed to the District Clerkat (909) 8854900 at least 72 hours prior to said meeting.In order to comply with legal requirements for posting of agenda, only those items filedwith the District Clerk by 12:00 p.m. on Wednesday prior to the following Wednesdaymeeting not requiring departmental investigation, will be considered by the Board ofDirectors.CALL TO ORDERROLL CALL OF BOARD MEMBERSPUBLIC COMMENTSAny person wishing to speak to the Board of Directors is asked to complete a SpeakerCard and submit it to the District Clerk prior to the start of the meeting. Each speaker islimited to three (3) minutes, unless waived by the Chairman of the Board. Under the Stateof California Brown Act, the Board of Directors is prohibited from discussing or takingaction on any item not listed on the posted agenda. The matter will automatically bereferred to staff for an appropriate response or action and may appear on the agenda at afuture meeting.1.AGENDAThis agenda contains a brief general description of each item to be considered.Except as otherwise provided by law, no action shall be taken on any item notappearing on the following agenda unless the Board of Directors makes adetermination that an emergency exists or that a need to take immediate action onthe item came to the attention of the District subsequent to the posting of theagenda.a.Approval of AgendaRECESS INTO CLOSED SESSION2.CLOSED SESSIONa.PUBLIC EMPLOYEE PERFORMANCE EVALUATION(Government Code Section 54957)Title: General Manager/CEO5:30 PM RECONVENE MEETINGPLEDGE OF ALLEGIANCEROLL CALL OF BOARD MEMBERSANNOUNCEMENT OF CLOSED SESSION ACTIONS ITEMS
PRESENTATIONS AND CEREMONIAL ITEMS
Introduction of Newly Hired Employees
David Rojas, Field Service Worker I
Ricardo Hernandez Moreno, Field Service Worker I
PUBLIC COMMENTS
3.APPROVAL OF CONSENT CALENDAR
All matters listed under the Consent Calendar are considered by the Board of
Directors to be routine and will be enacted in one motion. There will be no
discussion of these items prior to the time the board considers the motion unless
members of the board, the administrative staff, or the public request specific items
to be discussed and/or removed from the Consent Calendar.
a.Approve July 13, 2022 Regular Board Meeting Minutes
b.Approve Investment Report for Quarter Ended June 30, 2022
c.June 2022 Disbursements: Accounts payable disbursements for the period
include check numbers 259530 through 259689, bank drafts, and ACH
payments in the amount $20,050,933.49 and $375,679.89
4.DISCUSSION AND POSSIBLE ACTION ITEMS
a.Consider Adoption of Ordinance No. 403 Revising Section 15 Water
Conservation of Water Rules and Regulations, Public Hearing
b.Consider Adoption of Resolution 2022.12 Adopting the 2022 Water Shortage
Contingency Plan, Public Hearing
c.Consider Adoption of Resolution 2022.13 Implementing Stage 2 of the 2022
Water Shortage Contingency Plan, Public Hearing
d.Consider Approval of the Water Systems Consulting, Inc. Contract for the
Development of the Drought Contingency Plan
e.Consider Approval of Board Meeting Cancellation
f.Review General Manager/CEO Achievement of Goals and Objectives and
Consider Determination of Performance Award
5.REPORTS
a.Board of Directors’ Reports
b.General Manager/CEO Report
c.Legal Counsel Report
d.Board of Directors’ Comments
ADJOURN
Agenda Item
#3a
July 27, 20221
Meeting Date: July 27, 2022
Agenda Item #3a
Consent Item
Regular Board Meeting
TO: Governing Board Members
FROM: General Manager/CEO
SUBJECT: Approve July 13, 2022 Regular Board Meeting Minutes
RECOMMENDATION
Staff recommends that the Board of Directors approve the July 13, 2022 regular Board
meeting minutes as submitted.
AGENCY GOALS AND OBJECTIVES
II - Maintain a Commitment To Sustainability, Transparency, and Accountability
A. Practice Transparent and Accountable Fiscal Management
B. Utilize Effective Communication Methods
REVIEW BY OTHERS
This agenda item has been reviewed by Administration.
FISCAL IMPACT
There is no fiscal impact associated with this agenda item.
Recommended by:
________________
John Mura
General Manager/CEO
Respectfully submitted:
________________
Justine Hendricksen
District Clerk
ATTACHMENTS
Draft July 13, 2022 regular board meting minutes
Regular Board Meeting
Meeting Date: July 13, 2022
CALL TO ORDER
The Chairman of the Board called the meeting to order at 5:30 p.m.
PLEDGE OF ALLEGIANCE
Director Smith led the flag salute.
ROLL CALL OF BOARD MEMBERS
PRESENT
Directors: Carrillo, Coats, Goodrich, Morales, Smith
ABSENT
Directors: None
STAFF
John Mura, General Manager/CEO; Jeff Noelte, Director of Engineering and Operations;
Patrick Milroy, Operations Manager; Rocky Welborn, Water Reclamation Manager;
Justine Hendricksen, District Clerk; Shayla Antrim, Administrative Specialist
LEGAL COUNSEL
Jean Cihigoyenetche
GUESTS
Members of the public
PUBLIC COMMENTS
Chairman Goodrich declared the public participation section of the meeting open at 5:31
p.m.
There being no written or verbal comments, the public participation section was closed.
Draft Pending Approval
1.APPROVAL OF AGENDA
a.Approval of Agenda
A motion was made by Director Smith, seconded by Director Coats, that the Board
approve the July 13, 2022 agenda as submitted.
The motion carried by the following:
Ayes: Carrillo, Coats, Goodrich, Morales, Smith
Noes: None
Absent: None
2.APPROVAL OF CONSENT CALENDAR
a.Approval of May 25, 2022 Regular Board Meeting Minutes
b.Approval of June 8, 2022 Regular Board Meeting Minutes
c.Approval of June 22, 2022 Regular Board Meeting Minutes
d.Approval of June 30, 2022 Special Board Meeting Minutes
e.Approval of July 1, 2022 Special Board Meeting Minutes
f.Approval of Directors’ Fees and Expenses for June 2022
g.Adopt Updated 2022 Internal Revenue Service (IRS) Standard Mileage
Rate
A motion was made by Director Smith, seconded by Director Coats, that the Board
approve the Consent Calendar items as submitted.
The motion carried by the following:
Ayes: Carrillo, Coats, Goodrich, Morales, Smith
Noes: None
Absent: None
3.INFORMATIONAL ITEMS
a. Development Activity Update
The Director of Engineering and Operations provided information regarding current and
future development activity within the District’s service area.
For information only.
b. Report on Closed Session Matters Relating to Real Property
Legal Counsel announced that the District concluded the acquisition of real property
described as APN 0288-261-01-0-000, 40 acres of vacant land, where East Valley Water
District was named as the purchaser and the seller is identified as Darlene W. Barents
Separate Property Trust, dated March 31, 2014, for the amount of $470,000; and
closed escrow July 6, 2022.
The Director of Engineering and Operations responded to a question from Mr. Fred
Yauger regarding the location of the vacant land.
For information only.
4.REPORTS
a.Board of Directors’ Reports
Director Smith reported on the following: July 9 and 12 he discussed District business
with the General Manager/CEO; and July 13 he participated in the San Bernardino
Valley Water Conservation District Board meeting.
Director Carrillo reported on the following: June 30 and July 1 he attended the District’s
special Board meetings where General Manager/CEO candidate interviews were held.
Director Coats reported on the following: June 28 he participated in the City of San
Bernardino Board of Water Commissioners meeting where they approved several
contracts; June 28 he attended the Highland Chamber of Commerce monthly meeting;
June 30 and July 1 he attended the District’s special Board meetings where General
Manager/CEO candidate interviews were held; July 7 he discussed District business with
the General Manager/CEO; July 11 he attended the Association of San Bernardino
County Special Districts Board meeting where they discussed Association business; and
July 12 he participated in the City of San Bernardino Board of Water Commissioners
meeting.
Vice-Chairman Morales reported on the following: June 30 and July 1 he attended the
District’s special Board meetings where General Manager/CEO candidate interviews
were held; July 6 he attended the Association of California Water Agencies Special
Board State Legislative meeting; July 7 he reviewed the agenda and discussed District
business with the General Manager/CEO; July 7 he participated in the San Bernardino
Valley Municipal Water District’s Resources Workshop; and July 8 he attended the East
Valley Association of Realtors meeting where they provided a legislative update and
Vice-Chairman Morales provided a Sterling Natural Resource Center construction
progress update.
Chairman Goodrich reported on the following: June 30 and July 1 he attended the
District’s special Board meetings where General Manager/CEO candidate interviews
were held; July 4 he participated in the City of Highland’s Fourth of July Parade along
with Director Coats; July 7 he reviewed the agenda with the General Manager/CEO; and
July 12 he discussed District business with the General Manager/CEO.
For information only.
b.General Manager/CEO Report
The General Manager/CEO reported on the following:
July is Smart Irrigation Month and a great reminder to use water efficiently
outdoors. This month, District customers will receive a bill insert with watering
tips and rebates available to help improve usage.
All District customers will receive a Consumer Confidence Report with the latest
water quality information. This report is available year-round at
eastvalley.org/CCR2021.
The East Valley Water District Community Ribbon Cutting of the Sterling Natural
Resource Center is scheduled for Saturday, July 23, from 5-8 p.m. The evening
will feature activities, live music, food, facility tours, and more.
Engineering & Operations Committee meeting will be held on July 25 @ 2:30
p.m.
For information only.
c.Legal Counsel Report
No report at this time.
d.Board of Directors’ Comments
Vice-Chairman Morales thanked Chairman Goodrich and Director Coats for representing
the District at the City of Highland Fourth of July Parade. He also commended staff on
the District’s Pipeline publication.
Chairman Goodrich encouraged everyone to attend the Sterling Natural Resource
Center Ribbon Cutting event.
For information only.
RECESS INTO CLOSED SESSION
The Board entered into Closed Session at 5:58 p.m. as provided in the Ralph M. Brown
Act Government Code Sections 54957 to discuss the item(s) listed on the agenda.
RECONVENE THE MEETING
The Board reconvened the meeting at 8:18 p.m.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS
With respect to item #5. a.: Legal Counsel stated that no reportable action was taken.
ADJOURN
Chairman Goodrich adjourned the meeting at 8:19 p.m.
Phillip R. Goodrich, Board President
John Mura, Secretary
Agenda Item
#3b
July 27, 20221
4
6
5
Meeting Date: July 27, 2022
Agenda Item #3b
Consent Item
Regular Board Meeting with Closed Session
TO: Governing Board Members
FROM: General Manager/CEO
SUBJECT: Approve Investment Report for Quarter Ended June 30, 2022
RECOMMENDATION
Staff recommends that the Board of Directors (Board) accept and file the attached
Investment Report for the quarter ended, June 30, 2022.
BACKGROUND / ANALYSIS
California Government Code §53646(b) requires the Treasurer or CFO of a local agency
to submit a quarterly report on the agency’s investments to the legislative body of the
agency within 30 days of the end of each quarter.
The attached Investment Report shows all the District’s cash and investments,
restricted and unrestricted, as of June 30, 2022. Attachment A presents the investment
securities purchased and retired during the quarter April to June 2022. Increases and
decreases in highly liquid funds, such as LAIF, are explained in the narrative below.
Unrestricted Investments
LAIF
The balance held in the Local Agency Investment Fund at the beginning of the quarter
was $6,073,921. Interest earned during the previous quarter of $4,786 was posted to
the account in April and there was one transfer of $10,000,000 into the account during
the quarter resulting in an ending balance in the account of $16,078,707 at the end of
June.
LAIF earnings for the quarter ended June 30, 2022, were $15,084, calculated at an
apportionment rate of 0.75%; up from 0.32% which had been in effect for the previous
quarter. The earnings were posted to the District’s account on July 15, 2022.
Citizen’s Business Bank (CBB) Wealth Management
The total (book) value of the assets held with CBB increased $11,417 to $5,942,371
during the quarter ended June 30, 2022. The balance in this account is held both in a
money market account, $1,085,264, and in a $4,857,107 portfolio of Treasury and
federal agency securities shown on Attachment A.
Agenda Item
#3b
July 27, 20222
4
6
5
Meeting Date: July 27, 2022
Agenda Item #3b
Consent Item
Net interest payments received on securities in the District’s portfolio were $11,001 and
funds held in money market accounts earned $601.
Investment manager fees paid during the quarter were $2,138, and amortization on
discounts taken at time of purchase of certain securities increased the value of the
portfolio by $1,953.
There were no District transfers to or from this investment account during the quarter.
The following schedule summarizes the activity for Unrestricted Investments during the
Quarter ended June 30, 2022:
Account Beg Bal
Deposits/
(Withdrawals)Earnings Fees
Disc / Prem
Amo rtization
Ending
Balance
LA IF 6,073,921$10,000,000$ 4,786$ -$ -$ 16,078,707$
CBB Wealth Mgt 5,930,954 -11,602 (2,138)1,953 5,942,371
Restricted Investments
Accounts opened with US Bank are used to receive District deposits, from which the
Trustee (US Bank) pays District bondholders.
Semiannual bond payment dates are April 1st and October 1st. Deposits were made to
the accounts on April1, 2022, and then paid to bondholders the same day, to cover the
semi-annual interest payment on the 2020 bonds.
Summary Schedule of Union Bank Trustee Accounts
The following schedule summarizes activity in the US Bank accounts for the Quarter
ended June 30, 2022.
2020A
A ccount s Beg Bal
District
Deposit s Earnings Transfer s
Withdrawals/
Pay ment s
Ending
Balance
Payment Fd -$ 343,674$ -$ (343,674)$ -$ -$
Interest Acct 1 --343,674 (343,675)-
Principal Acct ------
2020B
A ccount s Beg Bal
District
Deposit s Earnings Transfer s
Withdrawals/
Pay ment s
Ending
Balance
Payment Fd -$ 162,392$ -$ (162,392)$ -$ -$
Interest Acct ---162,392 (162,392)-
Principal Acct ------
Agenda Item
#3b
July 27, 20223
4
6
5
Meeting Date: July 27, 2022
Agenda Item #3b
Consent Item
AGENCY GOALS AND OBJECTIVES
II - Maintain a Commitment To Sustainability, Transparency, and Accountability
A. Practice Transparent and Accountable Fiscal Management
REVIEW BY OTHERS
This agenda item has been reviewed by the Finance Department.
FISCAL IMPACT
There is no fiscal impact associated with this agenda item.
Recommended by:
________________
John Mura
General Manager/CEO
Respectfully submitted:
________________
Brian Tompkins
Chief Financial Officer
ATTACHMENTS
1. Investment Report for the Quarter Ended June 30, 2022
2. Attachment A - CBB Investment Activity Report for the Quarter Ended June 30, 2022
EAST VALLEY WATER DISTRICT
Investment Activity
Quarter Ended June 30, 2022
Activity (Book Value)
Purch Units / Maturity Amort Cost Adjusted Cost Matured / Market
Date Issuer CUSIP Yield Face Value Date 4/1/2022 Adjustment 4/1/2022 Purchases Called Total Water Sewer Value
05/31/17 US Treasury Note 912828XR6 1.750% - 05/31/22 299,765.63 299,765.63 299,765.63 - - -
10/19/21 US Treasury Note 91282CAZ4 0.375% 500,000 11/30/25 487,403.40 1,532.72 488,936.12 488,936.12 488,936.12 457,205.00
03/31/21 US Treasury Note 9128CBT7 0.750% 500,000 03/31/26 495,703.13 495,703.13 495,703.13 495,703.13 459,825.00
05/10/18 FHLB 3130AEBM1 2.750% - 06/10/22 99,892.00 99,892.00 99,892.00 - - -
01/21/20 Tenn Valley Authority 880591ER9 2.875% 300,000 09/15/24 311,439.73 311,439.73 311,439.73 311,439.73 298,923.00
05/29/20 US Treasury Note 912828ZP8 0.125% 300,000 05/15/23 299,203.13 299,203.13 299,203.13 299,203.13 292,923.00
07/30/20 Federal Home Loan Bank 3130AJUN7 0.550% 250,000 07/30/24 249,937.50 249,937.50 249,937.50 249,937.50 238,070.00
08/06/20 Freddie Mac 3134GWMY9 0.625% 100,000 08/19/25 100,000.00 100,000.00 100,000.00 100,000.00 92,922.00
09/30/21 Federal Home Loan Bank 3030APAZ8 1.030% 200,000 09/30/26 200,000.00 200,000.00 200,000.00 200,000.00 185,230.00
03/30/21 Federal Home Loan Bank 3130ALUF9 1.000% 300,000 03/30/26 300,000.00 300,000.00 300,000.00 300,000.00 279,774.00
03/30/21 Federal Home Loan Bank 3130ALPB4 0.800% 300,000 05/30/25 300,000.00 300,000.00 300,000.00 300,000.00 280,497.00
03/30/21 Federal Home Loan Bank 3130ALU93 0.750% 200,000 06/30/25 200,000.00 200,000.00 200,000.00 200,000.00 186,880.00
09/20/21 Federal Home Loan Bank 3130AKL79 0.250% 115,000 12/28/23 114,902.25 114,902.25 114,902.25 114,902.25 110,382.75
09/30/21 Federal Home Loan Bank 3130AP6M2 1.020% 400,000 09/30/26 400,000.00 400,000.00 400,000.00 400,000.00 369,540.00
10/18/21 Federal Home Loan Bank 3130AKC95 0.550% 200,000 10/29/25 196,566.63 420.30 196,986.93 196,986.93 196,986.93 184,398.00
10/26/21 Federal Home Loan Bank 3130APJ55 1.250% 300,000 10/26/26 299,997.00 299,997.00 299,997.00 299,997.00 280,626.00
10/27/21 Federal Home Loan Bank 3130AJK24 0.480% 100,000 09/01/23 100,016.25 100,016.25 100,016.25 100,016.25 97,179.00
10/28/21 Federal Home Loan Bank 3130APLB9 0.850% 100,000 10/28/24 100,000.00 100,000.00 100,000.00 100,000.00 95,181.00
11/24/21 Federal Home Loan Bank 3130APWP6 0.600% 200,000 11/24/23 200,000.00 200,000.00 200,000.00 200,000.00 193,422.00
11/30/21 Federal Home Loan Bank 3130APUY9 1.000% 200,000 02/28/25 200,000.00 200,000.00 200,000.00 200,000.00 190,398.00
11/30/21 Federal Home Loan Bank 3130AQ2H5 1.050% 100,000 11/25/24 99,985.00 99,985.00 99,985.00 99,985.00 96,027.00
11/23/21 Federal Farm Credit Bank 3133ENEM8 1.430% 200,000 11/23/26 200,000.00 200,000.00 200,000.00 200,000.00 185,068.00
4,865,000.00 5,254,811.65 1,953.02 5,256,764.67 - 399,657.63 4,857,107.04 3,260,121.86 1,596,985.18 4,574,470.75
Adjusted Cost 6/30/2022
Attachment A
Agenda Item
#3c
July 27, 20221
4
4
3
Meeting Date: July 27, 2022
Agenda Item #3c
Consent Item
Regular Board Meeting
TO: Governing Board Members
FROM: General Manager/CEO
SUBJECT: June 2022 Disbursements: Accounts payable disbursements for the period
include check numbers 259530 through 259689, bank drafts, and ACH payments in the
amount $20,050,933.49 and $375,679.89
RECOMMENDATION
Staff recommends that the Board of Directors (Board) review and approve the District's
expense disbursements for the period June 1, 2022 through June 30, 2022 in the
amount of $20,426,613.38.
BACKGROUND / ANALYSIS
In the continued effort to be fiscally transparent, the payment register for supplies,
materials, services, and payroll for June 2022 is attached for review and approval. This
process provides the Board and the public an opportunity to review the expenses of the
District. Accounts Payable is processed weekly, while payroll is processed bi-weekly.
Information to justify each expenditure is available through the Finance Department.
Accounts payable disbursements for the period include check numbers 259530 through
259689, bank drafts, and ACH Payments in the amount of $20,050,933.49 and
$375,679.89, for payroll. Significant expenses greater than or equal to $50,000 are
further explained below:
Agenda Item
#3c
July 27, 20222
4
4
3
Meeting Date: July 27, 2022
Agenda Item #3c
Consent Item
AGENCY GOALS AND OBJECTIVES
II - Maintain a Commitment To Sustainability, Transparency, and Accountability
A. Practice Transparent and Accountable Fiscal Management
REVIEW BY OTHERS
This agenda item has been reviewed by the Finance Department.
FISCAL IMPACT
This item is funded in the current fiscal year budget.
Agenda Item
#3c
July 27, 20223
4
4
3
Meeting Date: July 27, 2022
Agenda Item #3c
Consent Item
Recommended by:
________________
John Mura
General Manager/CEO
Respectfully submitted:
________________
Brian Tompkins
Chief Financial Officer
ATTACHMENTS
June 2022 Payment Register
PAYMENT REGISTER
JUNE 1, 2022 - JUNE 30, 2022
PAYMENT
DATE NUMBER VENDOR NAME AMOUNT
6/2/2022 259530
APPLEONE EMPLOYMENT SERVICE 741.68
6/2/2022 259531 CHEM-TECH INTERNATIONAL INC 4,517.04
6/2/2022 259532 DIRECTV 258.98
6/2/2022 259533
EVERSOFT, INC 257.45
6/2/2022 259534 EXPERIAN 356.32
6/2/2022 259535
FedEx 112.41
6/2/2022 259536 INLAND WATER WORKS SUPPLY CO 2,628.02
6/2/2022 259537
K & L HARDWARE 86.62
6/2/2022 259538 KP PUBLIC AFFAIRS LLC 15,000.00
6/2/2022 259539
UNIFIRST CORPORATION 952.84
6/8/2022 259540
ACS SUPPORT 26.00
6/8/2022 259541 ALBERT A. WEBB ASSOCIATES 14,090.00
6/8/2022 259542
AMERICAN FIDELITY ASSURANCE COMPANY 2,702.19
6/8/2022 259543
AMERICAN FIDELITY ASSURANCE COMPANY (FSA)1,074.13
6/8/2022 259544
APPLEONE EMPLOYMENT SERVICE 720.41
6/8/2022 259546 AVIDEX INDUSTRIES, LLC 83,724.15
6/8/2022 259547 BALFOUR BEATTY INFRASTRUCTURE, INC 2,703,680.05
6/8/2022 259548
BIG EASY CRAFT FOODS, LLC.2,155.00
6/8/2022 259549 BURRTEC WASTE/ 5455 Industrial pkwy 440.28
6/8/2022 259550
BURRTEC WASTE/ E. 111 MILL ST 311.76
6/8/2022 259551 CALIFORNIA BANK & TRUST 131,312.46
6/8/2022 259552
CALIFORNIA BANK & TRUST 6,551.44
6/8/2022 259553 COLONIAL LIFE, PREMIUM 491.64
6/8/2022 259554
COUNTY OF SAN BERNARDINO/TAX COLLECTOR 179.57
6/8/2022 259555 D&H WATER SYSTEMS 1,532.64
6/8/2022 259556
DONEGAN TREE SERVICE 5,500.00
6/8/2022 259557 DREW METZGER 1,785.00
6/8/2022 259558
EAST VALLEY WATER DISTRICT 3,381.04
6/8/2022 259559 EYE MED VISION CARE 1,511.32
6/8/2022 259560
FIRST CHOICE SERVICES 54.00
6/8/2022 259561 FRANCHISE TAX BOARD 50.00
6/8/2022 259562
FULL TRAFFIC MAINTENANCE, INC 1,033.86
6/8/2022 259563 HATFIELD BUICK 47.23
6/8/2022 259564
INLAND WATER WORKS SUPPLY CO 1,606.17
6/8/2022 259565 K & L HARDWARE 53.34
6/8/2022 259566
LOGICALIS, INC 23,721.94
6/8/2022 259567 PACIFIC HYDROTECH CORPORATION 31,045.50
6/8/2022 259568
PETTY CASH 725.95
6/8/2022 259569 SO CAL GAS 320.16
6/8/2022 259570
SOUTHERN CALIFORNIA EDISON COMPANY 39,985.29
6/8/2022 259571 TWIN COUSINS, INC.700.00
6/8/2022 259572
ULINE, INC.2,759.76
6/8/2022 259573 UNIFIRST CORPORATION 769.54
6/8/2022 259574
BALFOUR BEATTY INFRASTRUCTURE, INC 100.00
PAYMENT REGISTER
JUNE 1, 2022 - JUNE 30, 2022 Page 1 of 7
PAYMENT
DATE NUMBER VENDOR NAME AMOUNT
6/8/2022 259575 BLANCA E NARANJO 250.21
6/8/2022 259576 LLAMA GUYS LLC 121.12
6/8/2022 259577
AXAR INC 1,769.61
6/8/2022 259578 MELANIE MORRIS 150.00
6/8/2022 259579
LYNN C WILSON 651.11
6/8/2022 259580 BRAEMAR DEVELOPMENT 7.41
6/8/2022 259581
BRAEMAR DEVELOPMENT 14.77
6/8/2022 259582 BRAEMAR DEVELOPMENT 14.77
6/8/2022 259583
PINEWOOD IRREVOCABLE TRUST 285.15
6/8/2022 259584 JANET LY 90.75
6/8/2022 259586
VIDA COYE 123.85
6/8/2022 259587 EDEN MORGAN 100.00
6/8/2022 259588
AG-CRG HIGHLAND OWNER, LLC 300.00
6/8/2022 259589 EJ MEYER COMPANY 145.00
6/8/2022 259590
JAMIE HERNANDEZ 10.81
6/8/2022 259591 GLORIA & GUSTAVO RODRIGUEZ 42.44
6/8/2022 259592
YIAN CHEN 70.70
6/8/2022 259593 Highland Area Chamber of Commerce 630.00
6/8/2022 259594 RIM OF THE WORLD HIGH SCHOOL 60.00
6/8/2022 259595 San Bernardino Valley Water Conservation District 100.00
6/8/2022 259596
SABRAJ NIJJAR 5,643.56
6/15/2022 259597
A JUMP N PARTY INC 528.00
6/15/2022 259598 ALBERT A. WEBB ASSOCIATES 12,460.00
6/15/2022 259599
APPLEONE EMPLOYMENT SERVICE 652.79
6/15/2022 259600 AT&T 51.10
6/15/2022 259601
AUTO UPHOLSTERY INC.1,841.25
6/15/2022 259602 BURRTEC WASTE/ E. 111 MILL ST 1,515.81
6/15/2022 259603 CalPERS- FRAS 348,363.00
6/15/2022 259604
CHEM-TECH INTERNATIONAL INC 4,459.62
6/15/2022 259605 CULLIGAN OF ONTARIO 153.10
6/15/2022 259606
DETECTION INSTRUMENTS CORPORATION 6,678.93
6/15/2022 259607 FLEET MANAGEMENT DEPARTMENT 946.47
6/15/2022 259608
GEOSCIENCE SUPPORT SERVICES, ICN 168,623.50
6/15/2022 259609 HATFIELD BUICK 36.47
6/15/2022 259610
INLAND WATER WORKS SUPPLY CO 5,182.67
6/15/2022 259611 JESSE MCCONNAHA/MACS SPRING SHOP 850.00
6/15/2022 259612
K & L HARDWARE 40.87
6/15/2022 259613 KONICA MINOLTA 966.71
6/15/2022 259614
LIFTOFF, LLC RONALD C. BRAATZ,300.00
6/15/2022 259615 LOGICALIS, INC 2,545.00
6/15/2022 259616
MARATHON POWER INC 2,904.88
6/15/2022 259617 SOUTHERN CALIFORNIA EDISON COMPANY 12,945.43
6/15/2022 259618
STEMAR EQUIPMENT & SUPPLY CO., INC 12,172.35
6/15/2022 259619 UNIFIRST CORPORATION 1,153.63
6/15/2022 259620
UPS, UNITED PARCEL SERVICE, INC.148.46
6/15/2022 259621 US BANCORP SERVICE CENTER 73,255.70
6/15/2022 259626
YARDLEY ORGILL CO. INC. YO FIRE 19,276.15
6/16/2022 259627 LOUIE SERNA JR 425.00
6/16/2022 259628
MELISSA REYES 1,100.00
6/16/2022 259629 SOFIA L GARCIA 1,965.00
6/23/2022 259630
ACS SUPPORT 26.00
6/23/2022 259631
ALTERNATIVE HOSE INC 481.29
PAYMENT REGISTER
JUNE 1, 2022 - JUNE 30, 2022 Page 2 of 7
PAYMENT
DATE NUMBER VENDOR NAME AMOUNT
6/23/2022 259632 AMERICAN FIDELITY ASSURANCE COMPANY (FSA)1,074.13
6/23/2022 259633
APPLEONE EMPLOYMENT SERVICE 1,137.28
6/23/2022 259634 AT&T 623.23
6/23/2022 259635 AUTO ZONE, INC.6.44
6/23/2022 259636 BUDGET TRANSMISSIONS II INC 3,439.38
6/23/2022 259637 CITY OF HIGHLAND 35,080.00
6/23/2022 259638
CITY OF HIGHLAND 5,500.00
6/23/2022 259639 DENTAL HEALTH SERVICES 189.40
6/23/2022 259640
EUCLID MANAGERS, INSURANCE SERVICES INC.432.00
6/23/2022 259641 FIRST CHOICE SERVICES 262.30
6/23/2022 259642
FRANCHISE TAX BOARD 50.00
6/23/2022 259643 INLAND DESERT SECURITY & COMMUNICATIONS, INC 738.60
6/23/2022 259644
INLAND WATER WORKS SUPPLY CO 2,558.31
6/23/2022 259645 K & L HARDWARE 16.10
6/23/2022 259646
LOWE'S 520.75
6/23/2022 259647 METLIFE SMALL BUSINESS CENTER (Dental)10,076.94
6/23/2022 259648
METROPOLITAN LIFE INS CO 93.30
6/23/2022 259649 SAN BERNARDINO MUNICIPAL WATER DEPARTMENT 24,417.08
6/23/2022 259650
SAN BERNARDINO MUNICIPAL WATER DEPARTMENT 756,525.85
6/23/2022 259651 SO CAL GAS 15.78
6/23/2022 259652
SOUTHERN CALIFORNIA EDISON COMPANY 326,463.41
6/23/2022 259653 SWRCB-DWOCP 120.00
6/23/2022 259654
TROY ALARM, INC. C/O ALARM CONNECTIONS 199.68
6/23/2022 259655 UNIFIRST CORPORATION 923.66
6/23/2022 259656
UNIVERSAL SELF STORAGE HIGHLAND 347.00
6/23/2022 259657 JEFF A MCNEW 239.91
6/23/2022 259658
J/K EXCAVATION & GRADING CO. INC 2,864.80
6/23/2022 259659 LORD CONSTRUCTORS, INC.1,548.92
6/23/2022 259660
AMERICAN CONSTRUCTION SERVICE 2,512.80
6/23/2022 259661
YELLOW JACKET DRILLING SERVICES 2,116.54
6/23/2022 259662 TEE OWE CAPITAL INC 96.59
6/23/2022 259663 MARCIANO RODRIGUEZ 11.36
6/23/2022 259664
MARIA MAYELA ESPINOZA 42.36
6/23/2022 259665
AHMAD DABBAS 2.74
6/23/2022 259666 KELLY A ASKILDSEN 41.27
6/30/2022 259667
APPLEONE EMPLOYMENT SERVICE 1,162.87
6/30/2022 259668 AT&T 1,318.57
6/30/2022 259669 BALFOUR BEATTY INFRASTRUCTURE, INC 3,752,874.39
6/30/2022 259670
CHEM-TECH INTERNATIONAL INC 4,520.23
6/30/2022 259671 DAILY JOURNAL CORPORATION 201.52
6/30/2022 259672
DIRECTV 258.98
6/30/2022 259673 Francisco Xavier Saucedo Jr. 2,622.50
6/30/2022 259674
GOLDEN STAR TECHNOLOGY, INC, GST 10,591.29
6/30/2022 259675 HATFIELD BUICK 461.47
6/30/2022 259676
INLAND WATER WORKS SUPPLY CO 10,088.27
6/30/2022 259677 K & L HARDWARE 25.82
6/30/2022 259678
LEIGHTON CONSULTING, INC.5,000.00
6/30/2022 259679 LOGICALIS, INC 18,574.29
6/30/2022 259680
Loretta Andres 145.00
6/30/2022 259681 SO CAL GAS 16.86
6/30/2022 259682
SOUTHERN CALIFORNIA EMERGENCY
MEDICINE/COLTON/REDLANDS 55.00
PAYMENT REGISTER
JUNE 1, 2022 - JUNE 30, 2022 Page 3 of 7
PAYMENT
DATE NUMBER VENDOR NAME AMOUNT
6/30/2022 259683 SWRCB 104,477.83
6/30/2022 259684 TETRA TECH BAS, INC.5,000.00
6/30/2022 259685
UNIFIRST CORPORATION 1,589.65
6/30/2022 259687 VERIZON 1,169.60
6/30/2022 259688 WEB ADVANCED CORPORATION 2,443.75
6/30/2022 259689 WESTERN WATER WORKS SUPPLY CO., INC 3,659.62
BANK DRAFTS
6/2/2022 DFT0004590 GLOBAL PAYMENTS 11,606.78
6/3/2022 DFT0004591 MERCHANT BANKCD 421.40
6/7/2022 DFT0004592
PayNearMe, Inc.91.54
6/10/2022 DFT0004582 CA SDI Tax 2,892.02
6/10/2022 DFT0004583
CALPERS/ DEFERRED COMPENSATION 21,271.24
6/10/2022 DFT0004584 CALPERS/ RETIREMENT 48,907.72
6/10/2022 DFT0004585
Federal Payroll Tax 31,613.35
6/10/2022 DFT0004586 Medicare 8,101.90
6/10/2022 DFT0004587
Social Security 119.02
6/10/2022 DFT0004588 STATE DISBURSEMENT UNIT 934.00
6/10/2022 DFT0004589
State Payroll Tax 12,518.42
6/10/2022 DFT0004603 FORTE, ACH DIRECT INC, ACH FEES 4,516.61
6/13/2022 DFT0004593
LAIF INVESTMENT AGENCY 10,000,000.00
6/21/2022 DFT0004604 PayNearMe, Inc.278.60
6/24/2022 DFT0004594
CA SDI Tax 2,993.85
6/24/2022 DFT0004595 CALPERS/ DEFERRED COMPENSATION 21,347.98
6/24/2022 DFT0004596
CALPERS/ MEDICAL 104,544.46
6/24/2022 DFT0004597 CALPERS/ RETIREMENT 49,294.81
6/24/2022 DFT0004598
Federal Payroll Tax 32,908.31
6/24/2022 DFT0004599 Medicare 8,370.34
6/24/2022 DFT0004600
Social Security 1,321.26
6/24/2022 DFT0004601 STATE DISBURSEMENT UNIT 934.00
6/24/2022 DFT0004602
State Payroll Tax 12,387.97
6/24/2022 DFT0004614 CA SDI Tax 6.85
6/24/2022 DFT0004615
Federal Payroll Tax 105.75
6/24/2022 DFT0004616 Medicare 18.04
6/24/2022 DFT0004617
State Payroll Tax 47.55
6/29/2022 DFT0004626 FORTE, ACH DIRECT INC, ACH FEES 398.00
6/30/2022 DFT0004627
PayNearMe, Inc.167.16
ACH PAYMENTS
6/1/2022 10010827 ISRAEL CISNEROS 500.00
6/2/2022 10010828
AMAZON CAPITAL SERVICES, INC 4,410.64
6/2/2022 10010829 BARRY'S SECURITY SERVICES, INC 2,219.45
6/2/2022 10010830
CALIFORNIA FUELS & LUBRICANTS 5,660.17
6/2/2022 10010831 CINTAS CORPORATION (FIRST AID)200.15
6/2/2022 10010832
CLARK PEST CONTROL 197.00
6/2/2022 10010833 CLEARFLY COMMUNATIONS 967.11
6/2/2022 10010834
EXCEL LANDSCAPE, INC 11,620.00
6/2/2022 10010835 FLEETWASH, INC 296.80
6/2/2022 10010836
GENESIS INDUSTRIAL SUPPLY, INC 3,281.07
6/2/2022 10010837 GRAINGER 93.44
6/2/2022 10010838
INFOSEND, INC 16,119.67
6/2/2022 10010839 JOSE MILLAN 180.00
PAYMENT REGISTER
JUNE 1, 2022 - JUNE 30, 2022 Page 4 of 7
PAYMENT
DATE NUMBER VENDOR NAME AMOUNT
6/2/2022 10010840 MINUTEMAN PRESS OF RANCHO CUCAMONGA 3,015.77
6/2/2022 10010841 PETAS CAR CARE- KEVIN KOHRELL 1,569.64
6/2/2022 10010842
PLUS 1 PERFORMANCE 596.37
6/2/2022 10010843 REDLINE MOBILE FLEET SERVICE & REPAIR 3,385.60
6/2/2022 10010845
UNDERGROUND SERVICE ALERT 297.10
6/2/2022 10010846 WAXIE SANITARY SUPPLY 597.03
6/8/2022 10010847
ALLEN WILLIAMS 698.99
6/8/2022 10010848 AMAZON CAPITAL SERVICES, INC 769.56
6/8/2022 10010849 AMERICAN RENTALS, INC 578.75
6/8/2022 10010850
ASBCSD 80.00
6/8/2022 10010851 ASPEN ENVIRONMENTAL GROUP 637.50
6/8/2022 10010852 B&A BLAIS & ASSOCIATES INC 2,305.00
6/8/2022 10010853
BARRY'S SECURITY SERVICES, INC 2,940.15
6/8/2022 10010854 CAROL CALES 599.57
6/8/2022 10010855
CLINICAL LAB OF S B 5,115.00
6/8/2022 10010856 CORELOGIC SOLUTIONS, LLC 380.63
6/8/2022 10010857
DANIEL DAVIS 621.72
6/8/2022 10010858 DAVID HERNANDEZ 477.73
6/8/2022 10010859
ELISEO OCHOA 606.31
6/8/2022 10010860 EVWD EMPLOYEES EVENTS ASSOC 303.50
6/8/2022 10010861
EXCEL LANDSCAPE, INC 2,007.36
6/8/2022 10010862 FERGUSON ENTERPRISES, INC.10,673.72
6/8/2022 10010863
FRONTIER COMMUNICATIONS 66.03
6/8/2022 10010864 GOLDEN STATE LABOR COMPLIANCE, LLC 4,990.00
6/8/2022 10010865
HAAKER EQUIPMENT COMPANY & TOTAL CLEAN 4,940.19
6/8/2022 10010866 HACH COMPANY 5,400.00
6/8/2022 10010867
J COMM, INC.5,212.83
6/8/2022 10010868 JC LAW FIRM 12,120.00
6/8/2022 10010869
JEREMY SUBRIAR 74.50
6/8/2022 10010870 JOSE TORRES 299.99
6/8/2022 10010871
KOFF & ASSOCIATES, INC 6,262.50
6/8/2022 10010872 KRIEGER & STEWART, INCORPORATED 11,149.50
6/8/2022 10010873
LANDS END INC 664.17
6/8/2022 10010874 LINCOLN NATIONAL LIFE INS CO.2,132.43
6/8/2022 10010875
MANAGED MOBILE, INC.2,942.37
6/8/2022 10010876 MARTHA T DURAN 800.00
6/8/2022 10010877
MCCRAY ENTERPRISES 1,341.55
6/8/2022 10010878 MCMASTER-CARR 1,277.53
6/8/2022 10010879
MICHAEL HENDERSON 691.83
6/8/2022 10010880 MIKE J. ROQUET CONSTRUCTION INC 18,105.00
6/8/2022 10010881
MINUTEMAN PRESS OF RANCHO CUCAMONGA 252.45
6/8/2022 10010882 ORION SYSTEMS INTEGRATORS LLC 2,000.00
6/8/2022 10010883
PLUMBERS DEPOT INC.838.96
6/8/2022 10010884 PLUS 1 PERFORMANCE 596.59
6/8/2022 10010885
REBECCA KASTEN 622.85
6/8/2022 10010886 RESOLUTE 4,200.00
6/8/2022 10010887
RICHARD BECERRA 691.83
6/8/2022 10010888 RK VENTURE LLC 5,450.00
6/8/2022 10010889
SDRMA, SPECIAL DISTRICT RISK MGMT 9,242.79
6/8/2022 10010890 SG CREATIVE, LLC 5,900.00
6/8/2022 10010891
SITEONE LANDSCAPE SUPPLY , LLC 5.73
6/8/2022 10010892 SOLARWINDS, INC.8,987.00
PAYMENT REGISTER
JUNE 1, 2022 - JUNE 30, 2022 Page 5 of 7
PAYMENT
DATE NUMBER VENDOR NAME AMOUNT
6/8/2022 10010893 SPECTRUM 1,710.00
6/8/2022 10010894 STAPLES BUSINESS ADVANTAGE 674.96
6/8/2022 10010895
STERICYCLE, INC DBA SHRED-IT 152.80
6/8/2022 10010896 SUPERIOR AUTOMOTIVE WAREHOUSE, INC.120.15
6/8/2022 10010897
USA BLUE BOOK, HD SUPPLY FACILITIES MAINT, LTD 5,987.65
6/8/2022 10010898
VALERO FLEET, WEX BANK 17,700.81
6/8/2022 10010899 VERIZON WIRELESS 7,767.81
6/8/2022 10010901 VULCAN MATERIALS CO/ CALMAT CO 2,780.21
6/15/2022 10010902 ACI PAYMENTS INC.50.25
6/15/2022 10010903
AMAZON CAPITAL SERVICES, INC 9,517.62
6/15/2022 10010905 AMERICAN RENTALS, INC 286.55
6/15/2022 10010906 APPLIED MAINTENANCE SUPPLIES & SOLUTIONS 3,685.14
6/15/2022 10010907 AQUATIC INFORMATICS INC.14,033.31
6/15/2022 10010908 BARRY'S SECURITY SERVICES, INC 2,303.00
6/15/2022 10010909
BMI SYSTEMS GROUP/BRIGGS MARKETING INC.395.00
6/15/2022 10010910 BURGESS MOVING & STORAGE 1,233.30
6/15/2022 10010911
CLINICAL LAB OF S B 5,215.00
6/15/2022 10010912 COMPUTERIZED EMBROIDERY COMPANY, INC 225.20
6/15/2022 10010913
CORE & MAIN LP 8,055.99
6/15/2022 10010915 EXCEL LANDSCAPE, INC 347.25
6/15/2022 10010916
FERGUSON ENTERPRISES, INC.16,861.89
6/15/2022 10010917 FLEETWASH, INC 474.88
6/15/2022 10010918
FRONTIER COMMUNICATIONS 1,080.36
6/15/2022 10010919 GROUP DELTA CONSULTANTS, INC 73,670.00
6/15/2022 10010920
HAAKER EQUIPMENT COMPANY & TOTAL CLEAN 2,043.31
6/15/2022 10010921 JAMIE LEON 88.51
6/15/2022 10010922
LANDS END INC 234.65
6/15/2022 10010923 LEGEND PUMP AND WELL SERVICES 35,269.35
6/15/2022 10010924
MANAGED MOBILE, INC.3,184.23
6/15/2022 10010925 MINUTEMAN PRESS OF RANCHO CUCAMONGA 3,977.41
6/15/2022 10010926
NATIONAL CONSTRUCTION RENTALS 168.49
6/15/2022 10010927 NTT AMERICA SOLUTIONS, INC 4,770.13
6/15/2022 10010928
PETAS CAR CARE- KEVIN KOHRELL 2,928.63
6/15/2022 10010929 PLUMBERS DEPOT INC.799.75
6/15/2022 10010930
SPECTRUM 5,880.00
6/15/2022 10010931 STAPLES BUSINESS ADVANTAGE 1,764.09
6/15/2022 10010932
TYLER TECHNOLOGIES, INC 82,691.72
6/15/2022 10010933 USA BLUE BOOK, HD SUPPLY FACILITIES MAINT, LTD 2,593.87
6/15/2022 10010934
VULCAN MATERIALS CO/ CALMAT CO 2,437.80
6/15/2022 10010935 WAXIE SANITARY SUPPLY 864.27
6/22/2022 10010936
EILEEN BATEMAN 223.23
6/23/2022 10010937
ADCOMP SYSTEMS, INC 100.00
6/23/2022 10010938 AMAZON CAPITAL SERVICES, INC 4,688.71
6/23/2022 10010939
ANTHESIS 8,003.38
6/23/2022 10010940 APPLIED MAINTENANCE SUPPLIES & SOLUTIONS 113.49
6/23/2022 10010941 BARRY'S SECURITY SERVICES, INC 4,239.08
6/23/2022 10010942
CINTAS CORPORATION (FIRST AID)822.98
6/23/2022 10010943 CLARK PEST CONTROL 51.00
6/23/2022 10010944
EVWD EMPLOYEES EVENTS ASSOC 378.50
6/23/2022 10010945 FLEETWASH, INC 118.72
6/23/2022 10010946
FRONTIER COMMUNICATIONS 752.29
6/23/2022 10010947 GERMAN VAZQUEZ/TSR PERFORMANCE 625.73
PAYMENT REGISTER
JUNE 1, 2022 - JUNE 30, 2022 Page 6 of 7
PAYMENT
DATE NUMBER VENDOR NAME AMOUNT
6/23/2022 10010948 HAAKER EQUIPMENT COMPANY & TOTAL CLEAN 10,731.18
6/23/2022 10010949 JC LAW FIRM 9,300.00
6/23/2022 10010950
JOSE MILLAN 3,050.00
6/23/2022 10010951 LEGEND PUMP AND WELL SERVICES 121,962.60
6/23/2022 10010952
LESLIE'S POOL SUPPLIES, INC.522.14
6/23/2022 10010953 MICHAEL BAFFA 100.00
6/23/2022 10010954
MOBILE OCCUPATIONAL SERVICES, INC 165.00
6/23/2022 10010955 PETAS CAR CARE- KEVIN KOHRELL 1,292.88
6/23/2022 10010956
PLUS 1 PERFORMANCE 68.58
6/23/2022 10010957 STAPLES BUSINESS ADVANTAGE 1,310.73
6/23/2022 10010958
STEVE A. FILARSKY, ATTORNEY AT LAW 5,813.00
6/23/2022 10010959 TOTAL SAFETY SUPPLIES & SOLUTIONS 347.63
6/23/2022 10010960
TYLER TECHNOLOGIES, INC 440.00
6/30/2022 10010961
ACI PAYMENTS INC.48.70
6/30/2022 10010962 ADCOMP SYSTEMS, INC 319.29
6/30/2022 10010963 AMAZON CAPITAL SERVICES, INC 9,837.13
6/30/2022 10010966 APPLIED MAINTENANCE SUPPLIES & SOLUTIONS 685.98
6/30/2022 10010967 BARRY'S SECURITY SERVICES, INC 466.49
6/30/2022 10010968
BOOT BARN, INC 1,401.14
6/30/2022 10010969 CHERRY VALLEY NURSERY MAR-LYN BUILDERS, INC.1,530.05
6/30/2022 10010970
CINTAS CORPORATION (FIRST AID)178.36
6/30/2022 10010971 CLARK PEST CONTROL 124.00
6/30/2022 10010972
EXCEL LANDSCAPE, INC 5,703.34
6/30/2022 10010973 FERGUSON ENTERPRISES, INC.1,897.48
6/30/2022 10010974
FLEETWASH, INC 540.18
6/30/2022 10010975 FRONTIER COMMUNICATIONS 66.03
6/30/2022 10010976
GENESIS INDUSTRIAL SUPPLY, INC 2,775.75
6/30/2022 10010977 HAAKER EQUIPMENT COMPANY & TOTAL CLEAN 453.45
6/30/2022 10010978
INDUSTRIAL RUBBER & SUPPLY 205.91
6/30/2022 10010979 INFOSEND, INC 340.80
6/30/2022 10010980
J COMM, INC.8,000.00
6/30/2022 10010981 JOSE MILLAN 140.00
6/30/2022 10010982
MANAGED HEALTH NETWORK 228.48
6/30/2022 10010983 MANAGED MOBILE, INC.4,099.87
6/30/2022 10010984
MINUTEMAN PRESS OF RANCHO CUCAMONGA 499.09
6/30/2022 10010985 NATIONAL CONSTRUCTION RENTALS 168.49
6/30/2022 10010986
PARKHOUSE TIRE, INC 6,639.97
6/30/2022 10010987 PETAS CAR CARE- KEVIN KOHRELL 8,268.97
6/30/2022 10010988
PLUS 1 PERFORMANCE 1,368.77
6/30/2022 10010989 QUINN COMPANY 14,901.76
6/30/2022 10010990
REDLINE MOBILE FLEET SERVICE & REPAIR 3,417.43
6/30/2022 10010991 RK VENTURE LLC 3,250.00
6/30/2022 10010992
SCN, SECURITY COMMUNICATION NETWORK, INC 105.00
6/30/2022 10010993 SPECTRUM 2,880.00
6/30/2022 10010994
SUPERIOR AUTOMOTIVE WAREHOUSE, INC.382.40
6/30/2022 10010995
VULCAN MATERIALS CO/ CALMAT CO 3,153.90
TOTAL 20,050,933.49$
PAYMENT REGISTER
JUNE 1, 2022 - JUNE 30, 2022 Page 7 of 7
Agenda Item
#4a
July 27, 20221
Meeting Date: July 27, 2022
Agenda Item #4a
Public Hearing
Regular Board Meeting
TO: Governing Board Members
FROM: General Manager/CEO
SUBJECT: Consider Adoption of Ordinance No. 403 - Revising Section 15 Water
Conservation of Water Rules and Regulations, Public Hearing
RECOMMENDATION
Staff recommends that the Board of Directors adopt Ordinance No. 403 replacing
Ordinance 401.
BACKGROUND / ANALYSIS
In the last three years the State of California has experienced historical dry conditions
prompting emergency regulations. Governor Newsom’s March 2022 executive order
directed urban water suppliers to reduce water usage by 15 percent from 2020 levels
and directed the State Water Resources Control Board to adopt emergency regulations
to improve drought resiliency.
District staff has modified Section 15 from Ordinance No. 401 to include (6) water
shortage stages consistent with the California Water Code and most recent California
Department of Water Resources’ guidelines. The current ordinance provides the District
with flexibility to implement water supply shortage response actions appropriate for the
supply conditions, prevent waste or unreasonable use of water to protect the District’s
water supplies, and comply with statewide mandates for water conservation. The six
stages outlines response actions associated with the progressive phases of water supply
shortages.
The outlined response actions maintain a community focused approach of working
together with customers on water efficiency efforts, communicating the regulatory
requirements and serving as a resource to assist customer efforts to use water
efficiently. No changes were made to fines, surcharges, or penalties in this ordinance
amendment.
AGENCY GOALS AND OBJECTIVES
III - Deliver Public Service With Purpose While Embracing Continuous Growth
A. Advance Emergency Preparedness Efforts
B. Strive to Provide World Class Customer Relations
Agenda Item
#4a
July 27, 20222
Meeting Date: July 27, 2022
Agenda Item #4a
Public Hearing
IV - Promote Planning, Maintenance and Preservation of District Resources
A. Develop Projects and Programs to Ensure Safe and Reliable Services
FISCAL IMPACT
There is no fiscal impact associated with this agenda item.
Recommended by:
________________
John Mura
General Manager/CEO
Respectfully submitted:
________________
Kelly Malloy
Director of Strategic Services
ATTACHMENTS
Ordinance 403
Ordinance 403
5
0
1
ORDINANCE NO. 403
AN ORDINANCE OF THE EAST VALLEY WATER DISTRICT RESCINDING
ORDINANCE NO. 401 ENTITLED II AN ORDINANCE ESTABLISHING RULES AND
REGULATIONS FOR WATER SERVICE, ESTABLISHING A WATER DEPARTMENT,
PROVIDING FOR INSTALLATION AND CONNECTION TO DISTRICT WATER
MAINS, REGULATING CROSS-CONNECTION CONTROL 11•
Be it ordained by the Board of Directors of the East Valley Water District, as follows, that
Ordinance No. 401 is hereby rescinded, and this Ordinance 403 is enacted as follows:
SECTION 1. INDEX
Section 1 Index 1
Section 2 General Provisions 2
Section 3 Definitions 4
Section 4 Water Department 7
Section 5 General Rules 8
Section 6 Application for Water Service 14
Section 7 Temporary Service 19
Section 8 Fire Protection 20
Section 9 Cross-Connection Control 22
Section 10 Customer Billing Procedures 30
Section 11 Complaints and Disputed Bills 37
Section 12 Disconnection for Non-Payment 38
Section 13 Adding Delinquent Charges to Tax Roll 39
Section 14 Charges and Deposits 40
Section 15 Water Conservation 45
Section 16 Effective Date 56
Ordinance 403 2
SECTION 2. GENERAL PROVISIONS
2.01 Short Title - This Ordinance may be cited as the "East Valley Water District Water
Regulations and Service Ordinance".
2.02 Purpose - This Ordinance is intended to provide rules and regulations applicable
to the administration and operational activities of the District. This Ordinance may be amended
from time to time by action of the Board of Directors of the East Valley Water District.
2.03 Enabling Statutes - This Ordinance is adopted pursuant to the applicable
provisions of Division 12 of the Water Code and Division 5, Chapter 7, Title 5, Division 2 of the
Government Code, and further pursuant to the Constitution of the State of California. The District
is further authorized by Water Code Section 31027 to prescribe and define by Ordinance those
restrictions, prohibitions, and exclusions it may determine to be necessary pursuant to the
California Constitution Article X, Section 2 and Water Code Sections 31026 and 350 et seq. to
restrict the use of District water during threatened or existing water shortages. It is therefore the
intent of the Board of Directors to establish by this Ordinance those procedures and policies
necessary to the orderly administration of a water conservation program to prohibit waste and to
restrict the use of water during a water shortage or emergency.
2.04 Application - This Ordinance shall apply to all water facilities constructed,
maintained, and operated by the District.
2.05 Enterprise - The District will furnish and/or make available, a system, plant,
works, and undertaking used for and useful in, the delivery of water for the District's service area,
including all annexations thereto, lands, easements, rights in land, contract rights and franchises.
2.06 Separability - If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance or the application thereof to any person or circumstances are for any reason held to be
unconstitutional or invalid by any court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this Ordinance or the application of such provision to
other persons or circumstances. The governing body hereby declares that it would have passed this
Ordinance or any section, sub-section, sentence, clause or phrase hereof irrespective of the fact
Ordinance 403 3
that one or more sections, subsections, sentences, clauses or phrases be declared to be
unconstitutional.
2.07 Words and Phrases - For the purpose of this Ordinance all words used herein in
the present tense shall include the future; all words in the plural number shall include the singular
number; and all words in the singular number shall include the plural number.
2.08 Posting - Upon adoption, this Ordinance shall be entered in the minutes of the
governing body and certified copies hereof shall be posted in three (3) public places and/or
published in a newspaper of general circulation in the District service area within ten (10) days
following its passage.
2.09 Means of Enforcement - The District hereby declares that the procedures
contained herein are established as a means of enforcement of the terms and conditions of its
ordinances, rules and regulations and not as a penalty.
2.10 Notices - Whenever a notice is required to be given under this Ordinance, unless
different provisions are specifically made herein, such notice may be made either by personal
delivery thereof to the person to be notified or by deposit in the U.S. mail in a sealed envelope,
postage prepaid, addressed to such person at his last known business or residence address as the
name appears in public records or other records pertaining to the matter to which the notice is
directed. Service by mail shall be deemed to have been completed at the time of deposit in the post
office.
Proof of giving any notice may be made by the certificate of any officer or employee of the
District or by affidavit of any person over the age of eighteen years, which shows service in
conformity with the Ordinance or other provisions of law applicable to the subject matter
concerned.
2.11 Effect of Heading - The title, division or section headings contained in this
Ordinance shall not be deemed to govern, limit or modify in any manner the scope, meaning or
intent of any section or subsection of this Ordinance.
Ordinance 403 4
SECTION 3. DEFINITIONS
3.01 Applicant - Shall mean the person making application hereunder who must be
either (a) the owner of the subject premises, (b) the agent or customer authorized in writing to
make application hereunder on behalf of the owner of the subject premises or, (c) a licensed
plumber or contractor authorized in writing to make application hereunder for the subject premises.
3.02 Approved Backflow Prevention Assembly - A device deterring the
reversal of flow of water or mixtures of water and other liquids, gasses, and/or other substances
into the distribution pipes of the District's potable supply of water through any Cross-Connection.
Said device must have been investigated and approved for use as either an Air-gap separation,
Double Check Valve Assembly, or Reduced Pressure Principle Backflow Prevention Device by
the Foundation for Cross-Connection Control and Hydraulic Research of the University of
Southern California, or by any other laboratory having equivalent capabilities for both the
laboratory evaluation and field evaluation thereof.
3.03 Board - The Board of Directors of the East Valley Water District.
3.04 Commercial - Any service not covered by the residential description. This shall
include, but not be limited to, schools, dry cleaners, laundries, and businesses.
3.05 Connection - The pipeline and appurtenant facilities such as the curb stop, meter
and meter box, all used to extend water service from the main to the premises, the laying thereof
and the tapping of the main. Where services are divided at the curb or property line to serve several
customers, each such branch service shall be deemed a separate service.
3.06 Cost - The cost of labor, materials, transportation, supervision, engineering, and all
other necessary overhead expenses.
3.07 County - The County of San Bernardino, California.
3.08 Cross-Connection - An unprotected actual or potential connection between a
potable water system used to supply water for drinking purposes and any source or system
containing unapproved water or a substance that is not or cannot be approved a safe, wholesome
and potable. By-pass arrangements, jumper connections, removable sections, swivel or changeover
Ordinance 403 5
devices, or other devices through which backflow could occur, shall be considered to be cross-
connections.
3.09 Customer - Any person (as defined) supplied with, or entitled to be supplied with
water service by the District.
3.10 Customer's Service Valve - A valve independent of the District's facilities located
in the customer's piping as close to the meter as practicable, the operation of which will control
the entire water supply from the meter.
3.11 District - Shall mean the East Valley Water District, San Bernardino County,
California.
3.12 Director of Engineering and Operations - Shall be a Registered Civil Engineer
of the State of California.
3.13 Engineering Services - The Engineering services provided by the District shall
include technical and procedural guidance, professional consultant services, project coordination,
and plan checking.
3.14 Financial Officer - Shall be the Treasurer appointed by the Board of Directors.
3.15 Fire Hvdrant - Short-Side: The case where the water main and the hydrant are on
the same side of the street's centerline. Long-Side: The case where the water main and the hydrant are
on the opposite sides of the street's centerline.
3.16 General Manager - Shall mean the General Manager/Chief Executive Officer of
the District.
3.17 Governing Body - Shall mean the Board of Directors of the East Valley Water District.
3.18 Inspector - Shall mean the person who shall perform the work of inspecting water
facilities under the jurisdiction or control of the District.
3.19 Main - A water line in a street, highway, alley or easement used for public and private
fire protection and for the general distribution of water.
Ordinance 403 6
3.20 Owner - The person owning in fee title, or in whose name the legal title to the
property appears, by deed duly recorded in the County Recorder's office, or the person in
possession of the property or buildings under claim of, or exercising acts of ownership over the
same for himself or, as executor, administrator, guardian, or trustee of the owner.
3.21 Permit - Any written authorization required pursuant to this or any other regulation
of the District.
3.22 Person - Any human being, individual, firm, company, partnership, association and
private, public or municipal corporation, the United States of America, the State of California, a
district and any political subdivision, or governmental agency.
3.23 Premises - A lot or parcel of real property under one ownership, except where there
are well defined boundaries or partitions such as fences, hedges or other restrictions preventing the
common use of the property by several tenants, in which case each portion shall be deemed
separate premises. Apartment houses and office buildings may be classified as single premises.
3.24 Private Fire Protection Service - Water service and facilities for building
sprinkler systems, hydrants, hose reels and other facilities installed on private property for fire
protection and the water available therefor.
3.25 Public Fire Protection Service - The service and facilities of the entire water
supply, storage, and distribution system of the District, including the fire hydrants affixed thereto,
and the water available for fire protection, excepting house service connections and appurtenances
thereto.
3.26 Regular Water Service - Water service and facilities rendered for normal
domestic, commercial, and industrial purposes on a permanent basis, and the water available
therefor.
3.27 Residential - Any service with a building that serves as a single-family home,
duplex or triplex, apartments, co-operatives, or townhouses.
3.28 Secretary -The Secretary to the Governing Body.
Ordinance 403 7
3.29 Temporary Water Service - Water service and facilities rendered for construction
work and other uses of limited duration, and the water available therefor.
3.30 Waste - Any unreasonable method or non-beneficial use of water, including, but
not limited to, the specific uses prohibited and restricted by this Ordinance as hereinafter set forth.
3.31 Water Department- The Board of Directors of the District performing functions
related to the District's water service, together with the General Manager, the Director of
Engineering and Operations, the Financial Officer and any other duly authorized representative.
3.32 Water Supply Shortage - Any water shortage caused by drought or any other
threatened or existing water shortage, disaster or facility failure, earthquake, loss of electrical
power, pipeline breakage, or other condition which results in or threatens to result in the District's
inability to meet the water demands of its customers.
3.33 Water User - Any person, firm, partnership, association, corporation or political
entity using water obtained from the water system of the District.
3.34 Water - That water supplied by the East Valley Water District.
SECTION 4. WATER DEPARTMENT
4.01 Creation - A Water Department is hereby created comprised of the Directors, the
General Manager, the Financial Officer, and Director of Engineering and Operations and such
other employees and assistants as may be hired therefor.
4.02 General Manager - The General Manager, as provided for in the Water Code
Section 30580, shall have full charge and control of the maintenance , operation and construction of
the water works and water distribution system of the District.
4.03 Director of Engineering and Operations - The position of Director of Engineering
and Operations is hereby created. The Director of Engineering and Operations shall regularly
inspect all physical facilities related to the District water system, to see that they are in good repair
and proper working order, and to note and report violations of any ordinances or water regulations.
Ordinance 403 8
4.04 Violation, Repairs - The Director of Engineering and Operations shall promptly
report any violation or disrepair to the General Manager. If the work required is in the nature of an
emergency, he/she shall take whatever steps necessary to maintain service to the consumers
pending action by the General Manager.
4.05 Supervision - The Director of Engineering and Operations shall supervise all repair or
construction work authorized by the Board or General Manager and perform any other duties
prescribed by the Board or General Manager.
4.06 Performance of Duties - The foregoing duties of the Director of Engineering and
Operations may be performed by the General Manager or by an additional employee or employees
as designated by the Director of Engineering and Operations and/or General Manager.
4.07 The Financial Officer - The Financial Officer shall install and maintain a system of
auditing and accounting that shall completely and at all times show the financial condition of the
District. Furthermore the Financial Officer shall compute, prepare, and mail bills as hereinafter
prescribed, make and deposit collections, maintain proper books of account, collect, account for,
refund deposits, and do whatever else is necessary or directed by the General Manager to set up
and maintain an efficient and economical accounting system and perform any other duties now
and hereafter prescribed by the Board of Directors.
SECTION 5. GENERAL RULES
5.01 Standards - The Governing Body may, from time to time, adopt standard
requirements for the design, construction, repair and maintenance, or connection to the District's
water system.
5.02 Violation Unlawful - Following the effective date of this Ordinance, it shall be
unlawful for any person to connect to, construct, install, provide, maintain or use any other means
of water facilities from any building in the area serviced with water by said District except by
connection to water facilities in the manner as provided for in this Ordinance. Any violation of this
Ordinance will be subject to the provisions of this Section at the discretion of the General Manager,
Financial Officer, or Director of Engineering and Operations.
Ordinance 403 9
5.03 Notice - Wherever, and whenever, practicable under the particular circumstances
of the situation, and pursuant to the discretion of the General Manager, Financial Officer, or
Director of Engineering and Operations, any person found to be violating any provisions of this or any
other ordinance, resolution, rule or regulation of the District shall be served by the Inspector or
other authorized person with written notice stating the nature of the violation and providing a
reasonable time limit for the satisfactory correction thereof. Said time limit shall be not less than
two, nor more than seven working days. The offender shall, within the period of time stated in such
notice, permanently cease all violations. All persons shall be held strictly responsible for any and all
acts of agents or employees done under the provisions of this Ordinance or any other rule or
regulation of the District.
5.04 Protection from Damage - No person shall maliciously, willfully, or negligently
break, damage, destroy, uncover, deface, or tamper with any structure, appurtenances, or
equipment which is a part of the District's water works. Any person violating this provision shall
be subject to the penalties provided by law.
5.05 Investigation Powers - The officers, inspectors, managers, and any duly
authorized employees or agents of the District shall carry evidence establishing their position as
an authorized representative of the District and, upon exhibiting the proper credentials and
identification, shall be permitted to enter in and upon any and all buildings, industrial facilities and
properties to which the District is furnishing water, or has been requested to furnish water for the
purpose of inspection, re-inspection, observation, measurement, sampling, testing or otherwise
performing such duties as may be necessary in the enforcement of the provisions of the ordinances,
resolutions, rules and regulations of the District pursuant to the authorization contained in the
required application for water service.
5.06 Non-Compliance with Regulations - As an alternative method of enforcing the
provisions of this or any ordinance, resolution, rule or regulation of the District, the District shall
have the power to disconnect the user or subdivision water service from the water mains of the
District.
Ordinance 403
5.07 Liability for Violation - Any person violating any of the prov1s1ons of the
ordinances, rules or regulations of the District shall become liable to the District for any expense,
loss or damage, occasioned by the District by reason of such violation.
5.08 Relief on Application - When any person, by reason of special circumstances, is of
the opinion that any provision of the ordinances, rules or regulations of the District is unjust or
inequitable as applied to his/her premises, that person may make written application to the
Governing Body stating the special circumstances, citing the provision complained of and
requesting suspension or modification of that provision as applied to his/her premises. If such
application is approved, the Governing Body may, by resolution, suspend or modify the provision
complained of, as applied to such person or premises, to be effective as of the date of the
application and continuing during the period of the special circumstances.
5.09 Relief on Own Motion - The Governing Body may, on its own motion, find that
by reason of special circumstances, any provisions of its ordinances, rules or regulations should
be suspended or modified as applied to a particular person or premises and may, by resolution,
order such suspension or modification for such premise or person during the period of such special
circumstances or any part thereof.
5.10 Maintenance of Water Pressure and Pressure Conditions - The Board shall not
accept any responsibility for the maintenance of pressure and it reserves the right to discontinue
service while making emergency repairs, or other work required on the water system as determined
by the General Manager and/or the Director of Engineering and Operations. Consumers dependent upon
a continuous supply of water should provide emergency storage. All applicants for service
connections or water service shall be required to accept such conditions of pressure and service as
are provided by the distribution system at the location of the proposed service connection, and to
hold the District harmless for any damages arising out of low pressure or high-pressure conditions
or interruptions of service.
5.11 Tampering with District Proper tv - Except as otherwise specifically authorized by
the General Manager, no one, except an employee or representative of the District shall at any
Ordinance 403 11
time, in any manner, operate the curb stops or valves, gates or valves of the District's system or
interfere with meters or their connections, street mains or other parts of the water system.
5.12 Remedies for Violation - Failure of a customer to comply with any part of this
Ordinance, or any other ordinance, resolution, rule, or regulation of the District , shall result in the
District's discontinuance and/or refusal to provide water service to said customer's premises and in
the exercise by the District in its lawful discretion of any and all other rights and remedies that are
available to the District under the law.
5.13 Water System - The District will furnish a system, plant, works and undertakings
used for and useful in obtaining, conserving and disposing of water for public and private uses,
including all parts of the Enterprise, all appurtenances to it, lands, easements, rights in land, water
rights, contract rights, franchises, and other water supply, storage and distribution facilities and
equipment.
5.14 Number of Services per Premises -The applicant may apply for as many services
as may be reasonably required for their premises provided that the pipeline system for each service
be independent of the others and that they not be interconnected.
5.15 Water Waste - No customer shall knowingly permit leaks or waste of water. Where
water is wastefully or negligently used on a customer's premises, seriously affecting the general
service, the District may discontinue the service if such conditions are not corrected after giving
notice of violation as provided in Section 5.03 herein.
5.16 Responsibility for Equipment on Customer Premises - All facilities installed by
the District on private property for the purpose of rendering water service shall remain the property of
the District and may be maintained, repaired, or replaced by the Water Department without consent
or interference of the owner or occupant of the property. The property owner shall use reasonable
care in the protection of the facilities.
5.17 Damage to Water Facilities - The customer shall be liable for any damage to the
service facilities when such damage is from causes originating on the premises by an act of the
customer or his tenants, agents, employees, contractors, licensees, or permittees, including the
Ordinance 403 12
breaking or destruction of locks by the customer or others on, or near, a meter, and any damage to
a meter that may result from hot water or steam from a boiler, or heater, on the customer's premises.
The District shall be promptly reimbursed for any such damage upon presentation of a bill to the
customer.
5.18 Ground Wire Attachments - All individuals or business organizations are
forbidden to attach any ground wire, or wires, to any plumbing which is, or may be, connected to
a service connection or main belonging to the District. The District will hold the customer liable
for any damage to its property occasioned by such ground wire attachments.
5.19 Control Valve on Customer Property - The customer shall provide a valve on
his/her side of the service installation as close to the meter location as practicable to control the
flow of water to the piping on his/her premises. The customer shall not use the service curb stop
to tum water on and off for his/her convenience.
5.20 Unsafe Apparatus - Water service may be refused or discontinued to any premises
where apparatus or appliances are in use which might endanger or disturb the service to other
customers.
5.21 Cross-Connections - Water service may be refused or discontinued to any
premises where there exists a cross-connection as defined in Section 9 of this Ordinance.
5.22 Fraud or Abuse - Service may be discontinued, if necessary, to protect the District
against fraud or abuse.
5.23 Interruption in Service - The District shall not be liable for damage which may result
from an interruption in service from a cause beyond the control of the Water Department.
5.24 Ingress and Egress - All duly authorized employees, agents, and representatives of
the District shall have the right of ingress and egress to the customer's premises at reasonable hours
for any purpose reasonably connected with the furnishing of water service.
5.25 Installation of Services - Only duly authorized employees, agents, and
representatives of the District shall install service connections to the District's water system. All
service connections shall comply with the specifications of the District. Meters will be installed in
13Ordinance 403
the public right of way, or within an acceptable easement, and shall be owned by the District. No
rent or other charge will be paid by the District for a meter or other facilities, including
connections. All meters will be sealed by the District at the time of installation and no seal shall
be altered or broken except by one of the District's authorized employees or agents.
5.26 Change in Location of Meters - Meters moved for the convenience of the
customer will be relocated at the customer's expense. Meters moved to protect the District's
property will be moved at District expense.
5.27 Size and Location - The District reserves the right to determine the size of service
connections and their location with respect to the boundaries of the premises to be served. Service
installations will be made only to property abutting on distribution mains as have been constructed in
public streets, alleys or easements or to extensions thereof as herein provided. Services installed in
new subdivisions prior to the construction of streets, in advance of street improvements, must be
accepted by the applicant in the installed location.
5.28 Curb Stop - Each service connection installed by the District shall be equipped
with a curb stop, or wheel valve, on the inlet side of the meter. Such valve, or curb stop, is intended for
the exclusive use of the District in controlling the water supply through the service connection pipe.
If the curb stop, or wheel valve, is damaged by the customer's use to an extent requiring
replacement, such replacement shall be at the customer's expense.
5.29 Access to Meters - The District reserves the right to enter upon the applicant's
premises for the purpose of reading, repairing, or replacing the water service meter. The applicant
shall be solely responsible for the control of all animals which may pose a potential threat to
District employees and shall be liable for any injury to District employees resulting from
unrestrained animals. Should an applicant for new service fail to properly restrain animals present
on his property, the District may, upon written notice, refuse to install or tum on service until such time
as the District determines that a threat to its employees no longer exists. When there is an ostensive
risk to employees at an established service due to the presence of unrestrained animal(s) or other
hazard(s), the employee will not be required to read the meter, etc. The customer will be
14Ordinance 403
notified of the situation and the bill will be estimated based upon an average of the most recently
recorded six (6) month's consumption until a personal risk by the District's employee is no longer
an issue. Upon verification that the premises no longer appear to be a threat to the safety of the
employee, the meter will be read in the presence of the customer, or someone of his/her choosing,
and the billing will be adjusted accordingly.
SECTION 6. APPLICATION FOR WATER SERVICE
6.01 Application for Water Service -A property owner or his/her agent, designated in
writing, shall make application for regular water service by personally signing a Service
Agreement provided by the District and paying the required fees. The property owner will remain
the primary account holder, or Customer of Record, with respect to District services for as long as they
own the property.
6.02 Water Service to Customers other than Property Owners - Water Service to other
than property owners shall be made as follows:
6.02.01 Additional Customer of Record - If the Property owner rents the
premises to a tenant, the tenant may have water and other services instituted in their name by
completing an Owner Authorized Billing Agreement. The tenant and owner must both sign the
agreement and the District must be provided with a copy of an active rental agreement. In any
event, the tenant must provide the District with the property owner's name, mailing address, and
telephone number.
6.02.02 Owner Responsibility - Whether or not a property owner signs the
District's Owner Authorized Billing Agreement form, the property owner is not relieved of his or
her responsibility for unpaid water charges for the subject property as provided in this ordinance
and pursuant to California Water Code Section 31701.5, et.seq.
6.03 Pavment of Delinquent Charges - As a precondition to receiving water service
from the District, the applicant for service shall pay any and all unpaid charges that have accrued
on any closed accounts previously held by the applicant with the District as well as pay any and
15Ordinance 403
all delinquent charges that have accrued on any open accounts currently held by the applicant with the
District.
6.04 Security Deposit - A security deposit for each residential, commercial or retail unit
shall be deposited at the time application for service is made. The District may, at its sole election,
include the required security deposit on the customer's first billing invoice.
6.04.01 Single-Family Residential Exception - The security deposit for a
single-family residential unit may not be required if the person requesting service is a new
residential applicant who is determined by the District to be creditworthy. The determination of an
applicant's creditworthiness shall be based solely upon criteria developed by the District and may
be appealed in the manner set forth in Section 11 herein. However, during the life of the account,
the District may, in its sole discretion, require any customer, regardless of whether he or she was
previously found to be creditworthy, to post a full security deposit with the District any time there
are three (3) delinquencies within any consecutive six (6) month period, or as a precondition to
reinstatement of service anytime after being disconnected for non-payment.
6.04.02 Security Deposit Refund - Refunds of security deposits will be
performed in the manner set forth below. Such refunds will be credited to any account held by the
customer with the District in lieu of a refund check. Interest on the security deposits shall remain
the sole property of the District and will not be included in any refund.
6.04.02.01 Residential - The District shall refund each security
deposit to a residential customer as follows:
a.Where single-family residential funds have been on deposit for one
year in a customer's account, and there have been no delinquency payments on any of the
customer's accounts with the District during that year, the customer may request a refund of the
full deposit. However, the District may, at its sole option, require any customer to post a full
security deposit with the District any time there are three (3) delinquencies within any consecutive six
(6) month period, or as a precondition to reinstatement of service anytime after being locked off
for non-payment.
16Ordinance 403
b.Where multi-family residential customer deposits have been on
deposit for one year in a customer's account and there has been no delinquency payment on any of
the customer's accounts with the District during that year and upon the customer's request, one- half
of the deposit will be refunded to the customer by means of a credit on the account. However, if the
customer is delinquent on any payment thereafter, the District may, at its sole option, charge back the
credited amount.
c.Within thirty (30) days after the applicant provides written notice to
terminate water services, or when a new property owner tenders a full deposit for the same property, in
which case the refunded deposit shall first be applied toward the unpaid balances in any account held
by the customer with the District before the remaining sum, if any, is refunded to the customer.
6.04.02.02 Non-Residential - The District shall refund the security
deposit for commercial, retail, industrial, fire service and irrigation connections as follows:
a.Where funds have been on deposit for one year in a customer's
account and there has been no delinquency payment on any of the customer's accounts with the
District during that year and upon the customer's request, one-half of the deposit will be refunded
to the customer by means of a credit on the account. However, if the customer is delinquent on
any payment thereafter, the District may, at its sole option, charge back the credited amount.
b.Within thirty (30) days after the applicant provides written notice to
terminate water services, or when a new property owner tenders a full deposit for the same
property, in which case the refunded deposit shall first be applied toward the unpaid balances in
any account held by the customer with the District before the remaining sum is refunded to the
customer.
6.05 Change in Customer's Equipment - Customers who make any material change in
the size, character of, extent of the equipment or operations utilizing water service, or whose change
in operations results in a significant increase in the use of water shall immediately give the District
written notice of the nature of the change and, if necessary, amend their application.
17Ordinance 403
6.06 Domestic, Commercial and Industrial Service Connections - It shall be unlawful
to maintain a connection excepting in conformity with the following:
6.06.01 Multiple Building - Multiple houses or buildings under one ownership
and on the same lot or parcel of land may be supplied through the same service connection,
provided that the service connection shall be of such size to adequately serve said houses or
buildings.
6.06.02 Single-Service Connection - Not more than one service connection for
domestic or commercial supply shall be installed for one building, except when authorized by the
District.
6.06.03 Separate Service Connection - A service connection shall not be used to
supply any adjoining property, or property across a street, alley, or easement. Each service
connection shall serve only one property or individual parcel.
6.06.04 Divided Property - When property provided with a service connection is
divided, the service connection shall be considered as belonging to the lot or parcel of land which it
directly enters.
6.07 Service Connection Maintenance - The service connection extending from the water
main to the meter, meter box, curb stop, wheel valve, or coupling shall be maintained by the District.
All pipes and fixtures extending or laying beyond the meter coupling shall be installed and
maintained by the owner of the property.
6.08 Damage through Leaking Pipes and Fixtures - When requested to turn on the
water supply to a house or property, the District will make a reasonable attempt to ascertain if
water is running on the inside of the building. If such is found to be the case, the water will be left
shut off at the curb stop or the private shutoff. The District's jurisdiction and responsibility ends at
the customer's connection to the meter. The Board will in no case be liable for damages occasioned by
water running from open or faulty fixtures, or from broken or damaged pipes beyond the meter.
18Ordinance 403
6.09 Damage to Meters - The District reserves the right to set and maintain a meter on
any service connection. The water customer shall be held liable for any damage to the meter due
to customer's negligence or carelessness.
6.10 Main Extension Required - The District may provide for all main extensions
upon application for service and payment of required charges. Customer may elect to extend mains
according to agreements between the customer and the District providing the work meets District
standards.
6.10.01 Application - Any owner of one or more lots, parcels, or a sub-divider
of a tract of land desiring the extension of one or more water mains to serve such property, shall
make written application therefor to the District. Said application shall contain the legal description of
the property to be served, tract number, and any additional information which may be required by
the District and shall be accompanied by a map showing the location of the proposed connections.
6.10.02 Investigation - Upon receipt of the application requesting the District to
install facilities, the District shall make an investigation and survey of the proposed extension and
estimate the cost thereof.
6.10.03 Dead-End Lines - No dead-end lines shall be permitted, except at the
discretion of the General Manager, and in cases where circulation lines are necessary, they shall
be designed and installed by the District as part of the main extension.
6.10.04 Specifications and Construction - The size, type and quality of materials
and location of the lines shall be specified and approved by the District.
6.10.05 Property of the District - Upon completion of such installation as
approved by the District, the facilities shall be dedicated to and become property of the District.
6.10.06 Connections - The applicant shall, at his cost, provide all connections
to buildings and private water systems, as herein provided.
19Ordinance 403
SECTION 7. TEMPORARY SERVICE
7.01 Duration of Service - Temporary service connections shall be disconnected and
terminated within six months after installation unless an extension of time is granted in writing by
the General Manager, Financial Officer, or Director of Engineering and Operations.
7.02 Security Deposit - The applicant shall deposit, in advance, the estimated cost of
the temporary service. Upon discontinuance of service, the actual cost shall be determined, and an
adjustment made as an additional charge, refund or credit.
7.03 Installation and Operation - All facilities for the temporary service to the
customer shall be made and operated in accordance with District instructions. The District may,
at its discretion, restrict or terminate the service at any time.
7.04 Responsibility for Meters and Installations - The customer shall use all possible
care to prevent damage to the meter, or to any other loaned facilities of the District, which are
involved in furnishing the temporary service from the time they are installed until they are
removed. If the meter or other facilities are damaged, the cost of making repairs shall be paid by
the customer. The customer shall give notice to the District in writing at least forty eight (48) hours
prior to the time the customer or other person is through with the meter, or meters, and the
installation.
7.05 Supply from Fire Hydrant - An applicant for temporary use of water from a fire
hydrant must apply for a temporary water service and pay a hydrant meter deposit. The applicant
shall also pay for water used in accordance with the meter readings, at the rates prescribed by the
Board.
7.06 Unauthorized Use of Hy drants - Tampering with any fire hydrant for the
unauthorized use of water therefrom or for any other purpose is subject to a fine, per occurrence,
as may be set by the Board.
7.07 Meter Availability - As prescribed by the District, the applicant shall make the
hydrant meter available for reading on a monthly basis for actual water usage. If the hydrant meter
is not available for the monthly reading as prescribed by the District, a supplementary fee of $100
20Ordinance 403
will be charged for each month the meter is not read to cover the expense required for corrections
to billing records.
7.08 Pools and Tanks- When an abnormally large quantity of water is desired for filling
a swimming pool or for other purposes, arrangements must be made with the District prior to
taking such water. Permission to take water in unusual quantities will be given only if it can be
safely delivered through the District's facilities and if other consumers are not inconvenienced
thereby.
7.09 Responsibility for Equipment - The customer shall, at his own risk and expense,
furnish, install and keep in good and safe condition all equipment that may be required for
receiving, controlling, applying and utilizing water, and the District shall not be responsible for
any loss or damage caused by the improper installation of such equipment, or the negligence or
wrongful act of the customer or any of his tenants, agents, employees, contractors, licensees or
permitees in installing, maintaining, operating or interfering with such equipment. The District
shall not be responsible for damage to property caused by faucets, valves and other equipment
which are open when water is turned on at the meter, either originally or after a temporary
shutdown.
SECTION 8. FIRE PROTECTION
8.01 Public Fire Protection - The following pertains to the use of District facilities for
public fire protection:
8.01.01 Use of Fire Hydrants - Fire Hydrants are for use by the District or by
organized fire protection agencies pursuant to contract with the District. Other parties desiring to
use fire hydrants for any purpose must obtain prior written permission from the Water Department and
shall operate the hydrant in accordance with instructions issued by the Water Department.
Unauthorized use of hydrants will be prosecuted according to law.
8.01.02 Moving of Fire Hydrants - When a fire hydrant has been installed in the
location specified by the proper authority, the District has fulfilled its obligation. If a property owner
or other party desires a change in the size, type, or location of the hydrant, they shall bear
21Ordinance 403
all costs of such changes without refund. Any change in the location of a fire hydrant must be
approved by the proper authority.
8.02 Private Fire Protection Service - The following pertains to the use of District
facilities for private fire protection systems:
8.02.01 Payment of Cost - The applicant for private fire protection service shall
pay the total actual cost of installation of the service from the distribution main to the service
location including the cost of a detector check meter or other suitable and equivalent device, valve
and meter box, said installation will become the property of the District.
8.02.02 No Connection to Other Systems - Unless authorized and under
special circumstances, there shall be no connection between the fire protection system and any
other water distribution system on the premises.
8.02.03 Use - There shall be no water used through the fire protection service
except to extinguish fires and for testing the fire fighting equipment.
8.02.04 Charges for Water Used - Any consumption recorded on the meter
will be charged as provided in District Resolutions, except that no charge will be made for water
used to extinguish fires reported to the fire department.
8.02.05 Month) Rates - The monthly rates for private fire protection shall be
established by Resolution of the Board of Directors.
8.02.06 Water for Fire Storage Tanks - Occasionally water may be obtained
from a private fire service for filling a tank connected with the fire service, but only if written
permission is secured in advance from the District and an approved means of measurement is
available.
8.02.07 Violation of Agreement- If water is used from a private fire service in
violation of the agreement or this Ordinance, the District may, at its option, discontinue and remove
the service.
22Ordinance 403
8.02.08 Valve - When a fire service connection is installed, the valve governing
same will be closed and sealed and remain so until a written order is received from the owner of
the premises to have the water turned on.
8.02.09 Meter - If the District does not require a meter, and if water is used
through a fire service connection for any other purpose than extinguishing fires, the District shall
have the right to place a meter on the fire service connection at the owner's expense and assess the
appropriate capacity fees, or shut-off the entire water supply from such premises.
8.02.10 Additional Service - The District shall have the right to take a domestic,
commercial, or industrial service connection from the fire service connection at the curb to supply the
same premises as those to which the fire service connection belongs. The Board shall also have the
right to determine the proportion of the installation costs properly chargeable to each service
connection, if such segregation of costs shall become necessary.
8.02.11 Check Valve - The Board reserves the right to install on all fire service
connections a check valve of a type approved by the National Board of Fire Underwriters and to
equip the same with a by-pass meter at the expense of the owner of the property.
SECTION 9. CROSS-CONNECTION CONTROL
9.01 Purpose - The purpose and intent of this Section:
a.To comply with the requirements imposed upon the District pursuant to
Sections 7583-7605 of the California Code of Regulations ("Title 17'') and all other applicable
regulations regarding Cross-Connection Control.
b.To protect the public potable water supply of this District from the possibility
of contamination or pollution by isolating within the customer's internal distribution system(s), or the
customer's private water system(s), such contaminants or pollutants which could backflow into the
District's public water system(s); and
c.To promote the elimination or control of existing cross-connections, actual or
potential, between the customer's potable water system(s) and non-potable water system(s),
plumbing fixtures and industrial systems; and
23Ordinance 403
d.To provide for the maintenance of a continuing Cross-Connection Control
Program which will systematically and effectively minimize the potential for contamination or
pollution of the potable water system.
9.02 Application - The provisions of Title 17 and all other regulations regarding Cross-
Connections that are adopted by the State of California Department of Health Services pursuant to
California Water Code Sections 100205, 100275, and 116375(c), all as the same may be amended
from time to time, are hereby adopted by the District, incorporated herein by this reference, and
made a part hereof as though set forth in full.
9.03 Definitions - In addition to the definitions in Title 17, the following terms are
defined for the purpose of this chapter:
9.03.01 Approved Water Supply - The term "Approved Water Supply" shall
mean a water supply whose potability is regulated by the Department of Health Services.
9.03.02 Auxiliary Water Supply - Any water supply, other than the District's,
which is either on or available to the property will be considered as an auxiliary water supply.
These auxiliary waters may include water from another public potable water supply or from any
natural source(s) such as a well, river, stream or used water. These waters may be contaminated,
polluted or constitute an unacceptable water source over which the District does not have sanitary
control.
9.03.03 Backflow - The term "backflow" shall mean the undesirable reversal of
flow of water or mixtures of water and other liquids, gasses, or substances into the distribution
pipes of the District's potable supply of water from any source or sources.
9.03.04 Backpressure - The term "backpressure" shall mean any elevation of
pressure in the downstream piping system above the supply pressure at the point of consideration
which would cause, or tend to cause, a reversal of the normal direction of flow.
9.03.05 Backsiphonage - The term "backsiphonage" shall mean a form of
backflow due to a reduction in system pressure which causes a sub-atmospheric pressure to exist
at a point in the water system.
24Ordinance 403
9.03.06 Backflow Preventer - An assembly or means designed to prevent a
reverse flow condition created by a difference in water pressures.
9.03.07 Backflow Prevention Devices - The actual types of devices that may
be required and are acceptable for use in the District are as follows:
a.Air Gap - The term "Air Gap" shall mean a physical separation between the free
flowing discharge end of a potable water supply pipeline and an open or non-pressure receiving
vessel.
b.Reduced Pressure Principle Backflow Prevention (RPP) Assembly - The
term "RPP Assembly " shall mean an assembly containing two independently acting approved check
valves together with a hydraulically operating, mechanically independent, pressure differential
relief valve located between the check valves. The unit shall include properly located resilient
seated test cocks and tightly closing resilient seated shutoff valves at each end of the assembly.
c.Double Check Valve Backflow Prevention (DC) Assembly - The term "DC
Assembly" shall mean an assembly composed of two independently acting approved check valves
including tightly closing resilient seated shutoff valves attached at each end of the assembly and
fitted with properly located resilient seated test cocks.
9.03.08 Contamination - The term "contamination" shall mean an Impairment of
the quality of the water which creates an actual hazard to the public health through poisoning or
through the spread of disease by bacteria, virus, sewage, industrial fluids , or other toxic substances.
9.03.09 Controlled Cross-Connections - A connection between a potable and
non-potable water system with an approved backflow prevention assembly properly installed and
maintained so that it will continuously afford the proper protection.
9.03.10 ' Cross-Connection Control by Containment - The term "cross-
connection control by containment (service protection)" shall mean the appropriate type or method of
backflow protection at the service connection.
25Ordinance 403
9.03.11 Degree of Hazard - The term "degree of hazard" shall mean either a
contamination (health), plumbing, pollutional (non-health) or system hazard. Listed in order of
severity, each is defined as follows:
a.Health Hazard - The term "health hazard" shall mean an actual or potential
threat of contamination of a physical or toxic nature to the District's water system or the consumer's
potable water system that would be a danger to health.
b.Plumbing Hazard - The term "plumbing hazard" shall mean an internal or
plumbing type cross-connection in a consumer's potable water system that may be either a
pollutional or contamination type hazard. This includes, but is not limited to, cross-connections to
toilets, sinks, lavatories, wash basins, swimming pool plumbing systems, and lawn sprinkler
systems. If permitted to exist, "plumbing hazard" must be properly protected by an appropriate
type of backflow prevention assembly.
c.Pollutional Hazard - The term "pollutional hazard" shall mean the actual, or
potential, threat to the physical properties of the water system or the potability of the system but
which would not constitute a health or system hazard, as defined. The potable water system would
be degraded, depending on the degree or intensity of pollution, to the point where it becomes a
nuisance, aesthetically objectionable, or cause minor damage to the system or its appurtenances.
d.System Hazard - The term "system hazard" shall mean an actual, or potential,
threat of severe danger to the physical properties of the District's or consumer's potable water
system which could have a delayed effect on the quality of the potable water in the system.
9.03.12 Industrial Fluids - The term "industrial fluids" shall mean any fluid or
solution which may be chemically, biologically, or otherwise contaminated or po1luted in a form
or concentration which would constitute a health, system, pollutional, or plumbing hazard if
introduced into an approved water supply system.
9.03.13 Pollution - The term "pollution" shall mean an impairment of the quality
of the water to a degree which does not create a hazard to the public's health, but which does
adversely affect the aesthetic qualities of such waters for domestic work.
26Ordinance 403
9.03.14 Potential - The term "potential" shall mean something perceived that
can develop into or become actual.
9.03.15 Service Connection - The term "service connection" shall mean the
downstream end of the water meter. This is the point of delivery to the customer's water system
where the District loses jurisdiction and sanitary control of the water.
9.03.16 Potable Water - The term "potable water" shall mean any
public/private water supply that has been investigated and approved for human consumption.
9.03.17 Non-Potable Water - The term "non-potable water" shall mean a water
supply that has not been approved for human consumption.
9.03.18 Used Water - The term "used water" shall mean any water supplied by the
District from a public potable water system to a customer's water system after it has passed through
the service connection and is no longer under the control of the District.
9.04 Determination - The District shall conduct surveys to identify Water User
Premises where Cross-Connections are likely to occur and evaluate the degree to potential health
hazard to the Water which may be created as a result of conditions existing on a Water User's
Premises. At a minimum, the evaluation shall consider the factors identified in Section 7585 of the
California Code of Regulations. However, notwithstanding anything herein to the contrary, the
District shall not be legally responsible for the abatement of any Cross-Connection which may be
found to exist within a Water User's Premises.
9.05 Notice - Upon determination by the District that a Cross-Connection exists within
the scope of this Section, the District shall give written notice to the affected Customer to install
an Approved Backflow Prevention Assembly of a type and quality, and at a specific location,
deemed appropriate by the District. The Customer shall immediately cause such device to be
installed at his or her expense, and in the manner prescribed by the District, which thirty (30) days of
the issuance of said notice.
9.06 Installation - The location of any Approved Backflow Prevention Assembly
installed pursuant to this Section shall be at the Customer's point of connection to the District's
27Ordinance 403
Water, or within the Customer's Premises, or both, as determined by the District in the exercise of
its discretion. If an approved Backflow Prevention Assembly is required on the Customer's
connection to the District's Water, it shall be located at or near the property line of the Premises or
immediately outside the building being served, but, in all cases, at a place deemed acceptable to
the District that is before the first branch line leading off the service line.
9.06.01 Typical Installations - Conditions where an approved backflow
prevention assembly is required on each service connection shall include, but not be limited to, the
following:
a.In the case of any property having an auxiliary water supply, or one that is being
fed by another outside water source, the public water system shall be protected against backflow
from the premises by installing an approved Air Gap or RPP device.
b.In the case of any property on which toxic chemicals, pollutants, industrial
fluids, or any other objectionable substances are handled, or stored, in such a fashion as to create
an actual or potential hazard to the District's system, the public water system shall be protected
against backflow from the premises by installing an approved Air Gap or RPP device.
c.In the case of any property having internal cross-connections that cannot be
permanently corrected or protected against, or intricate plumbing and piping arrangements or
where entry to all portions of the premises is not readily accessible for inspection purposes, making it
impracticable or impossible to ascertain whether or not dangerous cross-connections exist. The
public water system shall be protected against backflow from the property by installing an
approved RPP device.
d.In the case of any property being served by two or more water services, water
and fire services, water and irrigation services, or any combination thereof, the public water system
shall be protected against backflow from the premises by installing an approved RPP device on
each service connection.
e.In the case of any property having solar heating systems of a heat ex-changer
type that utilizes a recirculating pump, air conditioning units with chemical injection pots, or coolers
28Ordinance 403
with recirculating pumps, the public water system shall be protected against backflow from the
premises by installing an approved RPP device.
f.In the case of any agricultural property, dairy, poultry farm, or any other farm,
or hobby-type operation, where fecal bacteria have the potential to contaminate the water supply, or
operations injecting chemicals into the on-site water lines, the public water system shall be
protected against backflow from the property by installing, at a minimum, an approved RPP
device.
g.In the case of any property on which there is water or a substance that would be
objectionable but not hazardous to health if introduced into the public water system, the public
water system shall be protected against backflow from the premises by installing an approved
double check valve.
h.In the case of any single-family or multi-family residential property where
known health hazards exist, the public water system shall be protected against backflow from the
premises by installing an approved RPP device.
9.06.02 Typical Facilities - Typical facilities where the District requires the
installation of approved backflow prevention assemblies:
Apartments - 8 or more units
Bottling Plants
Buildings - Commercial, Industrial
Buildings - Hotels, Motels
Buildings - Multi-Storied (three or more floor levels)
Car Wash Facilities
Cleaners
Commercial Buildings
Cooling Towers
Fire Systems (not interconnected, interconnected)
Hospitals - Medical Buildings, Mortuaries, Autopsy
-RPP
-RPP
-RPP
-RPP
-RPP
-RPP
-RPP
-RPP
-RPP
-RPP, DC
29Ordinance 403
Facilities, Nursing and Convalescent Homes, and Clinics
Irrigation Systems - Premises having separate systems:
Parks, Playgrounds, Cemeteries, Golf Courses, Schools,
Estates, and Ranches
Laundries and Dye Works
Mobile Home Parks
Multiple Rental Buildings - that are master metered
Plating Plants
Sand and Gravel Plants
Schools
Sewage Lift Stations
Sewage Treatment Plants
Sprinkling Systems (chemically entrained)
Steam Facilities
Public Swimming Pools, and Pools at Apartments,
Condominiums, Home Owner Associations, City Parks,
and Trailer Parks
-RPP
-RPP
-RPP
-RPP
-RPP
-RPP
-RPP
-RPP
-RPP
-AG, RPP
-RPP
-RPP
-RPP
9.07 Inspection, Testing, and Maintenance - The Customer shall cause a field test to be
performed by a licensed plumbing contractor certified to test and repair Approved Backflow
Prevention Assemblies at the time of installation and at least once per year thereafter. In those
instances, deemed necessary by the District, testing of Approved Backflow Prevention Assemblies may
be required at more frequent intervals. In the event that an Approved Backflow Prevention
Assembly is found to be defective, the Customer shall cause the necessary repairs and/or
replacement thereof to be made. The Customer shall have an acceptance test performed after such
repair and/or replacement to ensure proper operation of the Approved Backflow Prevention
Assembly. All costs associated with the inspection, testing, repair, and maintenance of Approved
Backflow Prevention Assemblies shall be borne by the Customer. The results of each test and
30Ordinance 403
records of all inspection, replacement, and repairs performed on an Approved Backflow
Prevention Assembly by the Customer shall be maintained by the Customer and reported to the
District in a manner deemed acceptable to the District.
9.08 Enforcement - The District may discontinue or refuse to supply water and/ or sewer
service to any Premises that is not in strict compliance with the terms of this Section, or if it is
found that an Approved Backflow Prevention Device has been removed or bypassed, or if
unprotected Cross-Connections otherwise exist on the Premises. The District may also disconnect water
and/or sewer service to any Premises if the health and safety of any Person is immediately
threatened by a Cross- Connection. The District may refuse to restore such service to the Premises until
the Cross-Connection is remedied and an Approved Backflow Prevention Device is installed and
operated in accordance with this Section.
9.09 Administration - The District shall appoint at least one (I) person trained in Cross-
Connection control to administer the provisions of this Section.
SECTION 10. CUSTOMER BILLING PROCEDURES
10.01 Establish Rates and Charges - The Board of Directors shall from time to time
establish rates and charges for water and other service provided by the East Valley Water District
by Resolution.
10.02 Charges - Water charges shall commence when a water service connection is
installed and the meter is set. The customer requesting service and whose name is on the water
service account will be responsible for all water charges incurred by such service. The District
may transfer to the account, any delinquent and/or unpaid charges from other closed or open
accounts which are held by the customer and/or property owner within the District.
10.03 Tiered Water Use - The District charges a commodity charge for potable water
use in three separate pricing tiers. Tier 1 is an allocation for indoor water use. Tier 2 is an allocation
for efficient outdoor use. Tiers 1 and 2 are considered a customer's water budget. Tier 3 represents
water use greater than 100% of the customer's individualized water budget.
31Ordinance 403
10.04 Water Budgets -A water budget is defined as the quantity of water required for an
efficient level of water use by an individual customer site. The District's water budget calculation
accounts for indoor, outdoor, and business process needs where applicable. Water budgets are
determined by the individual needs of the customer using site-specific factors including, but not
limited to, persons per household, irrigated area, weather (expressed as Evapotranspiration rate),
plant factor, and days of service. Water budgets are calculated differently for residential, dedicated
irrigation (landscape), and commercial mixed-use (indoor and outdoor) water service accounts. Water
budgets are considered the combination of Tier 1 and/or Tier 2 water use in all customer classes
subject to water budget rates. Customer classes are: Residential, Multi-Family, Irrigation, and Non-
Residential.
10.05 Evapotranspiration (ET) Rate - Evapotranspiration is a measure of water
transpired through plant tissue and evaporated from the soil in the planted area over a period of
time. The unit of measure is expressed in inches of ET. ET measurements are obtained from weather
station(s) situated in the District's service area; each station provides the data to be applied for specific
zones within the District. The weather stations are calibrated on a monthly basis by a certified
CIMIS (California Irrigation Management Information System) professional. Weather data is
gathered on a daily basis and accumulated for each billing period.
10.06 Monthly Plant Factor - The monthly plant factor is used to more clearly define
the needs of plant material. The District's monthly plant factor comes from the University of
California - Riverside's research on the water needs of cool-season turf grass. The plant factors
(shown in Row A of the table below), when averaged over the entire calendar year, match the
annual ET Adjustment factors listed in the State of California Model Water Efficient Landscape
Ordinance (AB 1881). Monthly Plant factors for special landscapes are shown in Row B of the
table. Special landscapes are served by a dedicated irrigation meter and include: registered
historical sites, cemeteries, parks, golf courses, sport complexes/ball fields, and school yards.
32Ordinance 403
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual
Average
A.0.61 0.64 0.75 1.04 0.95 0.88 0.94 0.86 0.74 0.75 0.69 0.60 0.8
B.0.76 0.80 0.93 1.30 1.20 1.10 1.20 1.10 0.92 0.93 0.86 0.75 1
10.07 Residential Indoor Water Budget - A residential indoor water budget is
calculated by multiplying the number of persons per household by 55 gallons for every day by the
number of dwelling units by the Drought Factor in a billing period. For example, if there are 4
persons in a single-unit residence, the daily water budget would be 220 gallons (4 persons x 1 unit
x 1 Drought Factor x 55 gallons). If there are 28 days in a billing period the total indoor water
budget would be 6,160 gallons (220 gallon/day x 28 days = 6,160 gallons) or 8.24 billing units
(6,160 gallons ÷ 748 gallons per billing unit).
10.08 Residential Outdoor Water Budget - A residential daily outdoor water budget is
calculated by multiplying the irrigated square footage associated with the water service account by
the monthly Evapotranspiration rate adjusted by the monthly plant factor by the drought factor,
multiplying by the conversion factor of 0.62 (square feet to gallons), and then dividing by 748 to
arrive at the daily water budget in billing units. (Irrigable Square Footage x Monthly
Evapotranspiration Rate x Monthly Plant Factor x Drought Factor x 0.62 ÷ 748 = Monthly Outdoor
Budget in billing units.
10.09 Dedicated Landscape (Irrigation) Water Budget - Water budgets for dedicated
irrigation accounts are calculated using the same methodology that is used for Residential Outdoor
Water Budgets (described above). Dedicated Landscape accounts receive no Tier 1 allocation.
10.10 Non-Residential Mixed Use Water Budgets - Non-Residential mixed-use water
budgets are based on historic use. The District calculates an average water demand for each billing
period based on the water demand for the same billing periods of the prior two years. The
commercial water budget may be adjusted, at the District's discretion, to accommodate changes in
business processes or to allow for business growth.
10.11 Water Budget Drought Factor - Water budgets can be adjusted in times of
threatened water supply availability in order to reduce water allocations for customers through the
33Ordinance 403
use of the drought factor. When drought factors are implemented, indoor and/or outdoor water
budgets can be reduced by a designated percentage, causing Tier 1 and/or Tier 2 allocations to be
reduced, and Tier 3 "Inefficient Usage" charges to become effective at lower consumption levels.
Drought factors can also be adjusted upward to reflect improved water supplies but not above
100%. Changes in drought factors will be established by Resolution of the District Board of
Directors.
10.12 Water Budget Adjustments - Water budgets can also be adjusted to reflect a
significant change in a customer's unique efficient water needs. Adjustment forms are available
for customers on the District's website or at the District Headquarters. Rules pertaining to
applicable water budget adjustments are outlined on the water budget adjustment form.
10.13 Liability for Water Service - The property owner shall be held liable for water
service charges until such time as the District is notified in writing to transfer the account to another
property owner.
10.14 Leak Credit - In cases where a pipe break or sprinkler malfunction leads to water
use in excess of an individual water budget during one or more billing periods, the District will
remove the inefficient use rate increment (difference between Tier 3 and Tier 2 rates) for up to a
maximum of two concurrent billing periods ending in the billing period in which a verified repair
or corrective measure was conducted. In addition, all of the following conditions must be satisfied for
a Leak Credit to be issued:
•The customer's water use was in excess of their water budget at the time of the repair;
•The customer has completed a leak credit form with the required documentation
showing a repair was performed;
•The customer has returned to in-budget water use in the billing period immediately
following the billing period during which the repair was completed; and
•The customer has not applied for a leak credit within the last 12 consecutive billing
periods.
34Ordinance 403
The District will remove the Tier 3 incremental charge by recalculating the impacted water bill(s)
for all of the customer's water use, including water use as a result of the leak or malfunction, at the
applicable Tier 2 pricing. A leak credit form may be obtained on the District website, or by visiting
the District Administrative Offices.
10.15 Liens for Unpaid Bills - All unpaid bills will be made a lien against the property
pursuant to these rules, regulations and California Water Code Section 31701.5 et.seq. Interest at
the legal rate may accrue and be applied on all delinquent bills. The property owner remains
responsible for all charges owed to the District whether or not the property owner actually lives on the
premises or signs the application for water service.
10.16 Owner Liability - The property owner remains responsible for all charges owed to the
District whether or not the property owner actually lives on the premises or signs the application
for water service.
10.17 Meter Reading, Billing Period, and Due Date - The billing will be based on the
periodic meter readings which will normally range between 26 and 35 days. If a meter fails to
register during any period, or is known to register inaccurately, the customer shall be charged based
on estimated usage. The billings for water service are mailed approximately, eight days after the meter
readings. Current charges are due when mailed and become past due if not paid on or before the
due date. The due date shall be 20 days after the billing date. All billings are considered delivered
upon mailing and the District is not responsible for non-receipt or non-delivery once mailed. Any
payment envelope received by the District without a payment enclosed, or with an unsigned check,
shall be considered non-payment. Checks received on payment of account and later returned by the
bank unpaid shall also be considered as non-payment, and a returned check charge will be assessed.
Accents with one or more returned checks may be required to make future payments by cash, money
order, or charge card only.
10.18 Reactivation - If payment is not made, as stipulated above, and charges remain
unpaid on the shut-off date stated on the delinquent billing notice, water service shall be
discontinued, a disconnection charge assessed, and a deposit required. If an account has been
35Ordinance 403
disconnected for non-payment, the original bill, delinquent and disconnection charges, and a
deposit must be paid before service will be reestablished. Payment for charges on an account that
has been disconnected must be made in cash, money order, or charge card.
10.19 Past Due Accounts - Rates and charges which are not paid on or before the due
dates shall be subject to interest charges. Interest will be calculated at a rate of one and one-half
percent (1 1/2 %) on all amounts that remain unpaid at the end of each billing cycle. The District
may secure unpaid charges by filing liens on real property, as provided by law or by any other
method available to the District. In the event that legal action is brought to collect unpaid charges,
the District shall be entitled to the payment of all costs, including attorney's fees. Defendant shall
pay all costs associated with litigation rendered in favor of the District.
10.20 Billing of Separate Meters not Combined - Separate bills will be rendered for
each meter installation. The District may, for its own convenience, consider each register of
compound meters as a separate service and bill each as provided for herein. For its own
convenience, the District may combine multiple services on one bill.
10.21 Billing Period - The regular billing period will be monthly.
10.22 Opening and Closing Bills - Opening and closing bills for less than the normal
billing period shall consist of charges for actual water consumption and a proration of the system
charge.
10.23 Payment of Bills - Bills for water service shall be rendered at the end of each billing
period and are due and payable upon presentation. If full payment is not received at the business
office of the District on or before the final due date, the bill shall become past due and delinquent.
10.24 Delinquency Notice - A delinquency notice shall be mailed to customers whose
accounts are delinquent, warning that service is subject to disconnection. The delinquency notice
will contain all the following:
•the name and address of the customer;
•the amount of the delinquency;
36Ordinance 403
•the date by which payment arrangements must be made in order to avoid discontinuation
of service;
•the procedure by which the customer may initiate a complaint or request an investigation
or appeal concerning service or charges;
•a description of the procedure by which the customer may request an alternative payment
arrangement, including an extension, amortization, alternative payment schedule, or
payment reduction;
•the procedure for the customer to obtain information on financial assistance, if applicable; and
•the telephone number where the customer may request a payment arrangement or receive
additional information from the District.
Notice of any delinquency in a tenant's account shall also be sent to the owner of the property. See
Section 12 of this Ordinance for Disconnection Procedures.
10.25 Removal of Delinquency - At the end of each calendar year, customers may request
that the District remove one delinquency from the record of their account when one or more
delinquencies have occurred during the previous 12 months.
10.26 Legal Action - All unpaid rates, charges and penalties herein provided may be
collected by legal action or through the use of a collection agency.
10.27 Costs - Defendant shall pay all costs of legal action in any judgment rendered in
favor of the District, including reasonable attorney's fees.
10.28 Discontinuing Service - Customers desiring to discontinue service should notify the
District prior to vacating the premises. Owners shall be liable for on-going charges between
tenancy, and in the event of sale, up to the recording date of title to the property being transferred
to a new owner. Owners shall also be responsible for charges incurred by a tenant, but that remain
unpaid after the tenant has vacated the property. Upon notice, the District will seal off the meter
and take a closing reading.
37Ordinance 403
SECTION 11. COMPLAINTS AND DISPUTED BILLS
11.01 Right to Meet - The customer has the right to meet with the Financial Officer or
General Manager to present any evidence supporting a complaint with regard to water service,
District rules, regulations, resolutions or ordinances, or to dispute the accuracy of a bill for service
or other charges.
11.02 Arrangement of Meeting - To arrange such a meeting, the customer shall contact
the District office, either in writing or by telephone during normal business hours.
11.03 Presentation of Evidence - The customer may be accompanied by a friend,
attorney, or other representative to meet with the Financial Officer or General Manager and may
present any evidence they may have to support their position.
11.04 Unresolved Disputes - If the customer is unable to resolve his dispute with the
Financial Officer or General Manager, he/she may submit the complaint in writing along with a
full and detailed explanation to the Board of Directors for resolution.
11.05 Appearances Before the Board of Directors - The customer may appear before
the Board of Directors at the next regularly scheduled Board meeting by notifying the District
Clerk, in writing, prior to the Board meeting of the date he/she wishes to attend and what the dispute
regards. The customer may then present the complaint and any evidence in support of his/her
position and ask for a decision by the Board.
11.06 Delays on Action - The Board shall act promptly to resolve the dispute, but may
delay a resolution of the dispute to the time of its next regular meeting in order to investigate the
dispute or receive special reports related to the dispute.
11.07 Further Delays - Any further delays must be freely and willingly agreed to by the
customer.
11.08 Decision of the Board - The decision of the Board of Directors shall be final.
Should the Board not render a decision within sixty (60) days of application to the Board, this
failure to act shall be deemed a denial of the requested action, unless both parties have agreed to
extend the resolution period.
38Ordinance 403
11.09 Discontinuance of Service - No water or other service shall be discontinued
pending the final resolution of a dispute.
11.10 Adjustment for Fast Meter Errors - If a meter tested at the request of a customer
is found to be more than five percent (5%) fast, the excess charges for the time service was rendered
the customer, or excess charges for a period of six months, whichever shall be the lesser, shall be
refunded to the customer.
11.11 Adjustment for Slow Meter Errors - If a meter tested at the request of a customer
is found to be more than ten percent (10%) slow and shows evidence of tampering, the District
may bill the customer for the amount of the undercharge based upon corrected meter readings for
the period, not exceeding six (6) months, that the meter was in use.
11.12 Non-Registering Meters - If a meter is found to be not registering, the charges for
service shall be based on the estimated consumption. Such estimates shall be made from previous
consumption for a comparable period, or by such other method as is determined by the District,
and its decision shall be final.
SECTION 12. DISCONNECTION FOR NON-PAYMENT
12.01 Disconnection for Non-Payment - Residential water service shall be discontinued
if payment for water service is not made within sixty (60) calendar days of the date of mailing the
delinquent notice. All other notifications and communication required in the District's Policy on
Discontinuation of Residential Water Service shall be delivered prior to disconnection. Non- residential
water service may be discontinued if payment for service is not made within fifteen
(15) calendar days. At no time shall the District discontinue water service at a time when the
District offices are closed.
12.01.01 Tenant Occupied Property - If water and other services to an account,
where the tenant is shown as the Customer of Record, are discontinued for non-payment, the
account will be revised to show the owner as primary Customer of Record. The owner will continue
to be shown as primary Customer of Record for as long as they own the property. Tenants
39Ordinance 403
may be shown as an additional Customer of Record with the consent of the property owner, or in
the event that an account in the property owners name is subject to disconnection.
12.02 Complaint Procedures for Disconnection - Service disconnection for non-
payment of bills or for violation of any of the District's rules, regulations, ordinances, or resolutions
is subject to the complaint procedures specified in Section 11 herein.
12.03 Refusal or Neglect to Pa)' Debt - Any amount due is a debt to the District and any
person, firm or corporation failing, neglecting, or refusing to pay this debt may be subject to a civil
action for the amount due in a court of competent jurisdiction.
12.04 Lien Against Property for Non-Payment - Any unpaid debt will be deemed a lien
against the real property to which service is rendered as specified herein and California Water
Code Section 31701.5 et.seq.
12.05 Service Charges for Violations - If water service is discontinued for violation of
any of the District's rules, regulations, resolutions or ordinances, service shall not be re-instituted
until the violations have been corrected and all applicable service charges and fees as provided for
herein are paid in full by cash, payment card, money order, or cashier's check.
12.06 Partial Pavments - A partial payment of a delinquent account may be accepted
and credited to a customer's account, but such partial payment shall not be cause for removing the
account from a delinquent status and shall not preclude the meter from being turned off for
delinquency.
12.07 Authorization for Continuance of Service for Delinquent Accounts - The
General Manager or his designee may authorize continuation of service to a delinquent account if
financial arrangements satisfactory to the District have been established.
SECTION 13. ADDING DELINQUENT CHARGES TO TAX ROLL
13.01 Report of Delinquent and Unpaid Charges - A report of delinquent and unpaid
charges for water and other services which remain unpaid and delinquent for sixty (60) days or
more on July 1st of each year shall be prepared and submitted to the Board for consideration as
40Ordinance 403
tax liens. The unpaid delinquent charges listed in said report for each parcel of property shall be
fixed at the amount listed in said report.
13.02 Adoption and Filing of Report - The Secretary shall file with the County Assessor
of the County of San Bernardino and the Board of Supervisors of the County of San Bernardino,
in the time and manner specified by the County Assessors and Board of Supervisors , a copy of such
written report with a statement endorsed thereon over the signature of the Secretary, that such a report
has been adopted and approved by the Board of Directors and that the County Assessor shall enter
the amount of such charges against the respective lots or parcels of land as they appear on the
current assessment roll.
13.03 Collection of Delinquent and Unpaid Charges - The amount of any charges for
water and/or other services included in the report prepared and submitted pursuant to Sections
13.01 and 13.02 above shall be added to and become a part of the annual taxes next levied upon
the property upon which the water for which the charges are unpaid was used, and upon the
property subject to the charges for any other District services, and shall constitute a lien on that
property as of the same time and in the same manner as does the tax lien securing such annual
taxes as provided in Section 12.04 above.
SECTION 14. CHARGES AND DEPOSITS
14.01 Adoption - The amount of all charges and deposits described herein shall be
updated in the District' s Schedule of Water and Wastewater Rates and Charges and adopted by separate
Board resolution.
14.02 Security Deposit - The Security deposit insures payment of minimum District
charges. Upon discontinuance of service the security deposit shall be applied to reduce any
outstanding charges on any accounts held by the customer with the District. The security deposit
shall be refunded to the customer as provided in Section 6.04.02 herein.
14.03 Service Initiation Charge - The service initiation charge is a non-refundable
charge which covers the reasonable District costs for initiating water service.
41Ordinance 403
14.04 Water System Charge - The system charge is the monthly availability charge
applicable to all metered services and shall apply whether or not premises served by the meter are
occupied. This charge will vary based on the size of the meter.
14.05 Commodity Charge - The commodity charge is the charge per hundred cubic feet
(HCF) of water registered by the District' s water meter. Commodity charges are assessed in three tiers
with ascending rates, and the number of HCF billed in each tier is determined by a customer's water
budget as explained in a previous section of this ordinance.
14.06 Delinquent Charge - A delinquent charge shall be added to each delinquent
account at the time any amount becomes delinquent, provided that no delinquent charge shall be
made on any account which at the time has no delinquencies of record. When a delinquent charge
is made, such charge shall be added to the delinquent account as of the date the account becomes
delinquent and the charge shall become an inseparable part of the amount due as of that time.
14.07 Disconnection Notice Charge - The disconnect notice charge is the charge which
covers reasonable District costs to notify customers that their water service is subject to impending
termination.
14.08 Service Reconnect Charge - The service reconnect charge is the charge which
covers the reasonable District costs for disconnection and reconnection of service connections
which are in violation of the provisions contained herein.
14.09 Meter Test Charge - The meter test charge is the charge which covers the District
costs for removing, bench testing, and reinstalling the water meter to be tested.
14.10 AMI Opt-Out Fee - The AMI opt-out fee will be assessed when a customer has made
written request not to have an AMI meter installed at their property and covers the costs of staff
and equipment in taking a manual read of the opt-out customer's meter.
14.11 Returned Payment Fee - The returned payment fee is a charge which covers the
reasonable administrative cost and banking charges for processing a returned check, or to respond to
a disputed charge where a payment card was fraudulently used to make payment on an account.
42Ordinance 403
14.12 Temporary Service Charge - A temporary service is available through the use of a
fire hydrant. A customer deposit for the temporary service will be required. All other applicable
service charges shall apply.
14.13 Unauthorized Use of Water Charge -, The unauthorized use of water charge shall
be charged to any person, organization or agency for each unauthorized use of District water, or
for tampering in any manner with any meter belonging to the District, in which tampering shall
affect the accuracy of such meter. Where the unauthorized use of water or tampering results in the
District's action to remove the meter, there shall be a charge for the removal and re-installation.
14.14 Fire Hydrant Installation Charge - The charge for installation of fire hydrants as
may be required.
14.15 Fire Service Standby Charge - The fire service standby charge is the monthly
standby charge per inch diameter of the District fire service meter. Water use through this service
is limited to emergency fire requirements only.
14.16 Backflow Device Installation Fee -This fee will be collected to cover the cost of the
installation of a backflow device by District staff if the property owner requests that the District install
the device.
14.17 Backflow Inspection Fee - The charge will cover the cost of inspecting a newly
installed backflow prevention device where District staff has not performed the installation.
14.18 Backflow Compliance Testing Fees - The charge to cover costs of District staff
conducting an initial compliance test of a customer device. If District staff will conduct annual
compliance tests, customers may elect to pay for the annual test with a monthly charge billed to
their water account.
14.19 Backflow Annual Administration Fee - This fee is an annual assessment to
customers to cover the cost of administering a backflow compliance program.
14.20 Water Capacity Charge -The capacity charge is a fee for that incremental portion of
the entire water system and District facilities that will be used by a new service.
43Ordinance 403
14.21 Water Service Connection Charge - The water service connection charge is the
charge for the type and size of water service connection desired. Such regular charge shall be paid
in advance by the applicant. Where there is no regular charge, the District reserves the right to
require the applicant to deposit an amount equal to the estimated cost of such service connection.
14.22 Fire Service Connection Charge - The charge for installation of fire services as
may be required.
14.23 Inspection Charge - Where a customer service connection or facility requires
inspection by District personnel, the customer shall be charged for such inspection.
14.24 Special Facility Charge - A special facility charge shall be for the development of
a limited service area whenever special facilities including, but not limited to, booster stations,
hydropneumatic stations and pressure regulators are required. The charge to be made to a
developer or owner of land that is considered by the District to be within a limited service area
shall be based upon the developer's or landowner's proportionate share of the cost of the installation of
such special facility. Such proportionate share to be borne by the developer or landowner shall be
based on the percentage of such development to the entire limited service area to be served by the
special facilities and the difference between the cost of facilities to serve the same number of acres
or area under normal conditions and the cost of facilities to serve the acreage or area under special
conditions at a higher cost.
14.25 Water Main Extension Charge - The water main extension charge is for the
construction of a water main extending to the far side of the property to be served. This charge
shall be based on the prevailing rates of time and material per District approved plans. The
customer shall be responsible to provide the plans and for all applicable Engineering Services
charges described in Section 14.27.
14.26 Water System Design Charge - A non-refundable water system design charge
shall be required for all main extensions, service connection and/or special facilities requiring the
preparation of engineering plans and drawings.
44Ordinance 403
14.27 Engineering New Development Service Charges - The following
Engineering/New Development Service charges will be established based on the calculated
estimate of the District's time and effort spent on assisting- customers who have a requirement to
construct water facilities:
•Drafting of an Availability Letter
•Construction Inspection
•Drafting/preparing revisions to a Development Agreement
•Development and Engineering Research
•Development Meeting
•Easement / Quitclaim Processing
•Water/ Sewer Inquiry
•New Construction Chlorination and Flushing
•Water Quality Sampling
•Plan Checking
•Drafting a Will Serve Letter
14.28 Construction Water Charge - The charge for construction water will be calculated
at the Tier 3 rate.
14.29 Fire Flow Test Charge - The fire flow test charge is a flat rate to cover the District's
time and effort for testing parts of the water system to obtain fire flow test data and calculate results
as requested.
14.30 Valve Can Deposit - The valve can deposit is a refundable charge that is used to
ensure all valve cans and caps are constructed to final grade before a water system construction
project is complete. The District will accept a Guarantee Bond in lieu of a cash deposit. The fee
will be returned or the Bond released when valve cans and caps are constructed to final grade by
the Developer's contractor and verified by the District.
45Ordinance 403
14.31 Charges and Deposits - All rates, charges, fees, penalties, fines, deposits, and other
methods of assessment are set by the District's Board of Directors. The General Manager/CEO, or
appointed designee, may approve adjustment to any charges, late penalties, past due account fees
or service deposits pursuant to the District's procedures and applicable law.
SECTION 15. WATER CONSERVATION
15.01 Permanent Water Conservation Measures. The District’s permanent water
conservation measures are in effect at all times to protect and ensure a safe and reliable water supply. .
15.01.01 Excessive Irrigation and Related Waste - No property within the
District service area shall cause or permit the use of water for irrigation of landscaping or other outdoor
vegetation, to exceed the amount required to provide reasonable irrigation, and shall not cause or permit
any unreasonable or excessive waste of water from said irrigation activities or from watering devices or
systems.
15.01.02 Run-off - The free flow of water away from a service address is prohibited
and shall be presumptively considered excessive irrigation and waste.
15.01.03 Wash-down - No water provided by the District shall be used for the
purposes of wash-down of impervious areas without specific written authorization of the General
Manager/CEO, except to maintain health and safety standards.
15.01.04 Vehicle Washing - The washing of cars, trucks or other vehicles must be
conducted with a hose equipped with an automatic shut-off device, or at a commercial vehicle washing
facility.
15.01.05 Decorative Water Features - Water fountains or other decorative water
features must re-circulate water.
15.01.06 Irrigation After Measurable Rainfall - The application of potable water
to outdoor landscape for irrigation purposes during or within 48 hours after at least ¼ inch of rainfall
is prohibited.
46Ordinance 403
15.01.07 Drinking Water Provided by Restaurants - Restaurants are prohibited
from serving drinking water to patrons unless requested.
15.01.08 Restaurants - All restaurants are required to use water conserving pre-
rinse dish wash spray valves.
15.01.09 Hotel and Motel - Hotels and motels must offer their guests the option to
not have their linens and towels laundered daily and must prominently display this option in each room.
15.01.10 Irrigation of Ornamental Turf on Medians and Parkways- Medians
and bordering parkways located within the right-of-way are prohibited from using potable water to
irrigate turf. Bordering parkways are considered the strips of non-functional ornamental turf adjacent to
the street. The continued irrigation and preservation of trees is encouraged.
15.01.11 Recreational Water Features - Recreational water features, such as
pools and spas, are encouraged to use evaporation resistant covers.
15.01.12 Leak Repair - All customers and service area residents are encouraged to
repair leaks to reduce water waste in a timely manner.
15.01.13 Budget-based Rates – The District will maintain a budget-based rate
structure for all customers to encourage efficient use of water.
15.01.14 Metering – The District will utilize Advanced Metering Infrastructure
(AMI) meters to minimize water loss, unbilled usage, and to provide more timely information on water
use.
15.01.15 Water Use Evaluations – The District will provide water use evaluations
at no charge to customers. The District may provide historical water use data to commercial and
industrial facilities for use in developing water conservation plans for their facilities.
15.01.16 Indoor Rebate Programs – The District will implement programs to
offer rebates to customers for indoor high efficiency appliances and fixtures.
47Ordinance 403
15.01.17 Outdoor Rebate Programs - The District will implement programs to
offer rebates to customers for high efficiency outdoor irrigation and other outdoor water use reduction
measures.
15.01.18 Landscape Irrigation - The District will encourage efficient outdoor use
and discourage everyday watering to achieve conservation. The District may determine that landscape
irrigation shall be conducted only during specific hours and/or days and may impose other restrictions
on the use of water for such irrigation.
15.02 Stage No. 1 - Water Shortage Warning: A Water Shortage Stage 1 – Water
Shortage Warning shall be in effect when the District determines there is a water shortage supply, or
threatened shortage, condition of up to 10%, or if directed by an executive order or regulation. The
Board of Directors may then, by resolution, declare a water shortage condition to prevail, and authorize
the General Manager/CEO to enact the following conservation measures in addition to the
permanent water conservation measures. During these conditions, all water customers are advised to
continue to use water wisely, to prevent the waste or unreasonable use of water, and to reduce water
consumption to that necessary for ordinary domestic and commercial purposes.
15.02.01 Outreach and Education - The District will implement outreach and
education programs encouraging outdoor and indoor water use efficiency.
15.03 Stage No. 2 - Moderate Water Shortage: A Water Shortage Stage 2 – Moderate Water
Shortage shall be in effect when the District determines there is a water supply shortage, or threatened
water shortage, condition of up to 20%, or if directed by an executive order or regulation. The Board of
Directors may then, by resolution, declare a water shortage condition to prevail, and authorize the
General Manager/CEO to enact the following conservation measures in addition to the permanent
water conservation measures and water conservation measures i m p l e m e n t e d in Stage No. 1.
15.03.01 Leak Repair – Customers are encouraged to repair water leaks within 72
hours of notification from the District.
15.03.02 Outreach and Education - The District will expand its public
information campaign on the water supply conditions and encourage efficient water use indoors
and outdoors.
48Ordinance 403
15.04 Stage No. 3 – Significant Water Shortage: A Water Shortage Stage 3 – Significant
Water Shortage shall be in effect when the District determines there is a water shortage supply, or
threatened shortage, condition of up to 30%, or if directed by an executive order or regulation. The
Board of Directors may then, by resolution, declare a water shortage condition to prevail, and authorize
the General Manager/CEO to enact the following conservation measures may in addition to the
permanent water conservation measures and conservation measures i m p l e m e n t e d in Stage No.
1 and Stage No. 2.
15.04.01 Decorative Water Features – Customers are encouraged to not empty,
refill, or add water to decorative water features, including ponds, fountains, and artificial lakes.
Exceptions may be made by the General Manager/CEO to sustain biological life, such as fish, or for
municipally owned or operated ponds.
15.04.02 Recreational Water Features – Customers are encouraged to not empty,
refill, or add water to recreational water features, such as pools or spas. Exceptions may be made by the
General Manager/CEO for municipally owned or operated pools.
15.04.03 Non-recirculating Water Systems – Customers are encouraged to
retrofit non-recirculating systems at car washes and commercial laundry facilities to install recirculation
systems.
15.04.04 Leak Repair – Customers must repair leaks within 48 hours of
notification from the District.
15.05 Stage No. 4 – Severe Water Shortage Emergency: A Water Shortage Stage 4 –
Severe Water Shortage shall be in effect when the District determines there is a water shortage supply,
or threatened shortage, condition of up to 40%, or if directed by an executive order or regulation. The
Board of Directors may then, by resolution, declare a water shortage condition to prevail, and authorize
the General Manager/CEO to enact the following conservation measures in addition to the
permanent water conservation measures and conservation measures i m p l e m e n t e d in Stage No.
1, 2, and 3.
15.05.01 Vehicle Washing - The washing of cars, trucks or other vehicles is not
permitted except at commercial vehicle washing facilities.
49Ordinance 403
15.05.02 Decorative Water Features - Emptying, refilling, or adding water to
decorative water features is prohibited. Exceptions may be made to sustain biological life, such as fish,
or for municipally owned or operated ponds. Requests for variances in water budgets will not be
accepted.
15.05.03 Recreational Water Features - Emptying, refilling, or adding water to
recreational water features is prohibited. Exceptions may be made by the General Manager/CEO for
municipally owned or operated pools. Requests for variances in water budgets will not be accepted.
15.05.04 Leak Repair – Customers must repair leaks within 24 hours of
notification from the District.
15.05.05 Indoor Rebate Programs – The District will expand its indoor rebate
program to assist customers with mandatory conservation efforts.
15.05.06 Outdoor Rebate Programs – The District will expand its outdoor rebate
program to assist customers with mandatory conservation efforts.
15.05.07 Outreach and Education – The District will expand targeted
communications focusing on customers with tier 3 usage and provide educational opportunities,
including workshops, classes, and other public-facing community events. .
15.06 Stage No. 5 – Critical Water Shortage: A Water Shortage Stage 5 – Critical Water
Shortage shall be in effect when the District determines there is a water supply shortage, or threatened
shortage, condition of up to 50%, or if directed by an executive order or regulation . The Board of
Directors may then, by resolution, declare a water shortage condition to prevail, and authorize the
General Manager/CEO to enact the following conservation measures may in addition to the
permanent water conservation measures and conservation measures implemented in Stage No. 1,
2, 3, and 4.
15.06.01 Decorative Water Features - Filling or adding potable water to
decorative water features is prohibited except to sustain biological life.
15.06.02 Landscape Irrigation - Upon direction of the General Manager/CEO, all
potable irrigation of turf is prohibited unless stated otherwise. These limitations do not apply to drought-
50Ordinance 403
tolerant landscapes, including trees and shrubs.
15.06.03 Construction Water – Upon direction of the General Manager/CEO, the
use of potable water for construction site preparation purposes may be prohibited, other than to maintain
necessary fire and safety standards.
15.06.04 Agricultural Irrigation - Persons receiving water from the District who
are engaged in commercial agricultural practices, whether for the purpose of crop production or growing
of ornamental plants shall provide, maintain, and use irrigation equipment and practices which are the
most efficient possible. Upon determination by the General Manager/CEO, these persons may be
required to prepare a plan within 30 days of request by the District describing their irrigation practices
and equipment, including but not limited to, actions to be taken to improve water use efficiency or
justification that water use on the property is the most efficient possible. The District will provide these
facilities with information regarding the average monthly water use by the facility for the last two-year
period and a free water use evaluation will be provided upon request. After review and approval by the
General Manager/CEO, the plan shall be considered subject to inspection and enforcement by the
District.
15.07 Stage No. 6 – Water Shortage Emergency: A Water Shortage Stage 6 –Water
Shortage Emergency shall be in effect when the District determines there is a water shortage supply, or
threatened water shortage, condition of over 50%, or if directed by an executive order or regulation.
The Board of Directors may then, by resolution, declare a water shortage condition to prevail, and
authorize the General Manager/CEO to enact the following conservation measures in addition to
the permanent water conservation measures and conservation measures implemented in Stage No.
1, 2, 3, 4, and 5.
15.07.01 Non-recirculating Water Systems - Operation of non-recirculating
systems at car washes and commercial laundry facilities are prohibited.
15.07.02 Landscape Irrigation - Upon direction of the General Manager/CEO, all
potable landscape irrigation is prohibited.
51Ordinance 403
15.07.03 Construction Meters - No new construction meter permits shall be
issued by the District. All existing construction meters shall be removed and/or locked, with the
exception of critical infrastructure projects.
15.07.04 Parks, Schools, and Golf Courses - Upon direction of the General
Manager/CEO, watering of parks, school grounds and golf courses is prohibited.
15.07.05 Commercial Nurseries and Livestock - Commercial nurseries shall
discontinue all watering and irrigation to permanent crops that take >5 years to replace. Watering of
livestock is permitted as necessary.
15.08 Implementation and Termination of Mandatory Compliance Stages - The
General Manager/CEO of the District shall monitor the supply and demand for water on a regular
basis to determine the level of conservation required by the implementation or termination of the
Water Shortage Stages and shall notify the Board of Directors of the necessity for the
implementation, or termination, of each stage. In the event of a water shortage condition or threatened
water shortage which could affect the District's ability to provide water for ordinary domestic and
commercial uses, the Board of Directors shall provide public notice and hold a public hearing at which
customers shall have the opportunity to present their respective needs to the District. Each declaration
of the Board of Directors implementing, or terminating, a water conservation stage shall be
declared via resolution and published at least once in a newspaper of general circulation and shall
be posted at the District offices. Each declaration shall remain in effect until the Board of Directors
otherwise declares via resolution, as provided herein.
15.08.01 General Manager/CEO Emergency Authority – The Board of Directors
authorizes the General Manager/CEO to implement and enforce measures necessary to remain in
compliance with emergency statewide mandatory conservation measures. Actions taken by the General
Manager/CEO in accordance with State regulations outside of those listed in this Ordinance must be
reported to the Board at the next regularly scheduled meeting.
15.09 Exceptions - Application for Exception Permits - The General Manager/CEO
may grant permits for uses of water otherwise prohibited under the provisions of this Ordinance if
52Ordinance 403
they find and determine that restrictions herein would either:
15.09.01 Hardship – Cause an unnecessary and undue hardship to the water user or
the public; or
15.09.02 Emergency – Cause an emergency condition affecting the health,
sanitation, fire protection or safety of the water use or of the public.
15.09.03 Exceptions Granted – Such exceptions may be granted only upon
written request therefor. Upon granting such exception permit, the General Manager/CEO may
impose any conditions they determine to be just and proper.
15.09.04 Enforcement and Inspection - Authorized employees of the District, after
providing proper identification, may, during reasonable hours, inspect any facility having a water
conservation plan, and may enter onto private property for the purpose of observing the operation
of any water conservation device, irrigation equipment or water facility. Employees of the District
may also observe the use of water or irrigation equipment within the District from public right-of-
ways.
15.10 Criminal Penalties for Violation - Water Code Section 31029 makes any violation of
this Ordinance a misdemeanor and upon conviction thereof, the violator shall be punished by
imprisonment, fine or by both fine and imprisonment as may be allowed by law.
15.11 Civil Penalties for Violation - In addition to criminal penalties, violators of the
mandatory provisions of this Ordinance shall be subject to civil action initiated by the District as
follows below. Appeals for violation penalties may be granted as outlined in Section 15.13.01 of
this Ordinance.
15.11.01 First Violation: For a first violation, the District shall issue a written
notice of violation to the water user violating the provisions of this Ordinance. The notice shall be
given pursuant to the requirements of Section 15.12 below.
15.11.02 Second Violation: $100 Surcharge - For a second violation of this
Ordinance within a 12-month period, or failure to comply with the notice of violation within thirty
(30) days after notice of imposition, a one-month penalty surcharge of $100 is hereby imposed for
the meter through which the wasted water was supplied.
15.11.03 Third Violation: $300 Surcharge - For a third violation of this
ordinance within a 12-month period, or for continued failure to comply within thirty (30) days
53Ordinance 403
after notice of an imposition of second violation sanctions, a one-month penalty surcharge in the
amount of $300 is hereby imposed for the meter through which the wasted water was supplied.
15.11.04 Fourth Violation: $500 Surcharge - For a fourth violation of this
ordinance within a 12-month period, or for continued failure to comply within thirty (30) days
after notice of an imposition of third violation sanctions, a one-month penalty surcharge in the
amount of $500 is hereby imposed for the meter through which the wasted water was supplied.
15.11.05 Fifth Violation: $500 Surcharge and/or Installation of a Flow
Restrictor - For a fifth violation of this ordinance within a 12-month period, or for continued
failure to comply within thirty (30) days after notice of an imposition of fourth violation sanctions, a
one-month penalty surcharge in the amount of $500. is hereby imposed for the meter through
which the wasted water was supplied. In addition to the surcharge, the District may, at its
discretion, install a flow-restricting device at such meter with a one-eighth inch (1/8") orifice for
services up to one and one-half (1-1/2") inch size, and comparatively sized restrictors for larger
services, on the service of the customer at the premises at which the violation occurred for a period of
not less than forty-eight (48) hours. The charge to the customer for installing a flow-restricting
device shall be based upon the size of the meter and the actual cost of installation. The charge for
removal of the flow- restricting device and restoration of normal service shall be based on the actual
cost of removal. Such restoration of service shall not be made until the General Manager/CEO of
the District has determined that the water user has provided reasonable assurances that future
violations of this Ordinance by such user will not occur.
15.11.06 Subsequent Violations: Discontinuance of Service - For any
subsequent violation of this Ordinance, while in Stage No. 6, within the twenty-four (24) calendar
months after a first violation as provided in Section 15.11.01 hereof, the penalty surcharge
provided in Section 15.11.02 through Section 15.11.05 hereof shall be imposed and the District
may discontinue water service to that customer at the premises or to the meter where the violation
occurred. The charge for reconnection and restoration of normal service shall be as provided in the
Rules and Regulations of the District. Such restoration of service shall not be made until the General
Manager / CEO of the District as determined that the water user has provided reasonable assurances
that future violations of this Ordinance by such user will not occur.
54Ordinance 403
15.12 Notice of Violation
15.12.01 First Violation - For a first violation, written notice shall be given to the
customer and/or property owner personally or by regular mail.
15.12.02 Subsequent Violations - If the penalty assessed is a surcharge for a
second, third, fourth, fifth, or subsequent violation, notice may be given by regular mail.
15.12.03 Violations Involving Installation of Flow-Restrictors or Discontinuance
of Water Service - If the penalty assessed is, or includes the installation of a flow restrictor or the
discontinuance of water service to the customer for any period of time, notice of the violation shall
be given in the following manner:
a. Personal Service - By giving written notice thereof to the occupant and/or
property owner personally; or if the occupant and/or property owner is absent from his/her place
of residence and from his/her 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 United States mail
addressed to the occupant and/or owner at his/her place of business or residence; or
b. Posting - If such place of residence and business cannot be ascertained, or
a person of suitable age or discretion cannot be located, then by affixing a copy in a conspicuous
place on the property where the failure to comply is occurring and also by delivering a copy to a
person there residing, if such person can be found, and also sending a copy through the United
States mail addressed to the occupant at the place where the property is situated and the owner if
different.
15.12.04 Form of Notice - All notices provided for in this Section shall contain,
in addition to the facts of the violation, a statement of the possible penalties for each violation and
a statement informing the occupant/owner of his/her right to hearing on the violation.
15.13 Community Advisory Commission - The District may establish a Community
Advisory Commission (Commission) consisting of District customers appointed by the Board of
Directors to serve in the capacity as herein described. The number of commissioners shall be
determined by resolution of the Board of Directors. The Commission is authorized to hear appeals
from enforcement decisions made by the General Manager/CEO for violations of the water conservation
55Ordinance 403
measures provided in Section 15 of this ordinance. The Commission shall serve as an advisory
body to the Board of Directors. The Board of Directors shall consider the recommendations of the
Commission but will not be bound thereby.
15.13.01 Hearings - Any customer or property owner against whom a penalty is
levied pursuant to this ordinance (Appellant) shall have a right to a hearing, in the first instance by
the General Manager/CEO, with the right to appeal to the Commission. Within fifteen (15) days
of the date of the alleged violation, the Appellant may submit a written request for a hearing to the
District Clerk. The hearing shall be conducted by the General Manager/CEO within thirty (30)
days from the date of the written request submitted to the District Clerk. The General
Manager/CEO shall issue their ruling in writing. The Appellant may appeal the ruling of the General
Manager/CEO within ten (10) days thereof by filing written notice of appeal with the District Clerk.
At the next regularly scheduled Commission meeting, the Appellant may appear and present
evidence in support of their appeal. The Commission will issue a written recommendation to the
Board of Directors who will issue a final determination of the appeal. The Board of Directors may
issue its final determination based upon the recommendation of the Commission or may call for
an additional hearing. The ruling of the Board of Directors shall be final and binding upon the
Appellant and the District.
Ordinance 403 54
SECTION 16. EFFECTIVE DATE
This Ordinance shall take effect and replace Ordinance No. 401 upon adoption.
Adopted this 27th day of July 2022
ROLL CALL:
Ayes:Directors:
Noes:None
Absent:None
Abstain:None
_____________________________________
Phillip R. Goodrich
Board President
ATTEST:
_____________________________________
John Mura
Board Secretary
July 27, 2022
I HEREBY CERTIFY that the foregoing is a full, true and correct copy of Ordinance No. 403
adopted by the Board of Directors of East Valley Water District at its Regular Meeting held July
27, 2022.
_____________________________________
John Mura
Board Secretary
Agenda Item
#4b
July 27, 20221
Meeting Date: July 27, 2022
Agenda Item #4b
Public Hearing
Regular Board Meeting
TO: Governing Board Members
FROM: General Manager/CEO
SUBJECT: Consider Adoption of Resolution 2022.12 - Adopting the 2022 Water
Shortage Contingency Plan, Public Hearing
RECOMMENDATION
Staff recommends that the Board of Directors adopt Resolution 2022.12 – Adopting the
2022 Water Shortage Contingency Plan.
BACKGROUND / ANALYSIS
Through planning and conservation efforts, East Valley Water District has worked to
protect and preserve the community’s water resource. Under the California Urban Water
Management Planning Act (UWMP Act), every urban water supplier providing water for
municipal purposes to more than 3,000 customers is required to prepare and adopt a
Water Shortage Contingency Plan (WSCP), in accordance with prescribed requirements.
The WSCP is intended to serve as a guide to help the District and its customers identify
potential shortages and define how to respond if a shortage were to occur.
East Valley Water District’s current WSCP meets the definition of an urban water
supplier for purposes of the UWMP Act and adopted its current WSCP on June 23, 2021.
Given the likelihood of required water shortage response levels issued through
executive orders, it is important that the District maintain maximum response flexibility
and appropriate response level based on need. The proposed amended Water Shortage
Contingency Plan establishes six (6) water shortage stages consistent with the
California Water Code and most recent California Department of Water Resources’
guidelines. The six stages outline progressive response actions associated with the
correlating water supply shortage. The District has amended its WSCP in accordance
with the UWMP Act and, in accordance with applicable legal requirements, has
undertaken certain coordination, notice, public involvement, public comment, and other
procedures in relation to its WSCP. In accordance with applicable law, a Notice of a
Public Hearing regarding the District’s WSCP was published within the jurisdiction of the
District on June 13, 2022, and June 20, 2022.
Moving the District from the current three (3) staged WSCP plan to a six staged plan,
will allow the District greater flexibility to respond to water shortage events.
Agenda Item
#4b
July 27, 20222
Meeting Date: July 27, 2022
Agenda Item #4b
Public Hearing
AGENCY GOALS AND OBJECTIVES
I - Implement Effective Solutions Through Visionary Leadership
A. Identify Opportunities to Optimize Natural Resources
IV - Promote Planning, Maintenance and Preservation of District Resources
A. Develop Projects and Programs to Ensure Safe and Reliable Services
FISCAL IMPACT
There is no fiscal impact associated with this agenda item.
Recommended by:
________________
John Mura
General Manager/CEO
Respectfully submitted:
________________
Kelly Malloy
Director of Strategic Services
ATTACHMENTS
Water Shortage Contingency Plan
Resolution 2022.12
East Valley Water District
Water Shortage
Contingency Plan
JULY 2022 East Valley Water District
East Valley Water District ii Water Shortage Contingency Plan
EAST VALLEY WATER DISTRICT
Water Shortage
Contingency Plan
East Valley Water
District
JULY 2022
Prepared by Water Systems Consulting, Inc.
East Valley Water District i Water Shortage Contingency Plan
TABLE OF CONTENTS
List of Figures ...................................................................................................ii
List of Tables....................................................................................................iii
Acronyms & Abbreviations................................................................................iv
1. East Valley Water District...............................................................................1
1.0 Water Service Reliability Analysis ............................................................3
2.0 Annual Water Supply and Demand Assessment.......................................3
3.0 Water Shortage Stages............................................................................7
4.0 Shortage Response Actions ...................................................................10
4.1 Demand Reduction.........................................................................10
4.2 Permanent Water Conservation Measures........................................11
4.3 Supply Augmentation .....................................................................20
4.4 Operational Changes and Additional Mandatory Restrictions ..........20
4.5 Emergency Response Plan ..............................................................20
4.6 Seismic Risk Assessment and Mitigation Plan..................................21
4.7 Shortage Response Action Effectiveness .........................................21
5.0 Communication Protocols.....................................................................21
6.0 Compliance and Enforcement...............................................................22
7.0 Legal Authorities..................................................................................23
7.1 Water Shortage Emergency Declaration...........................................23
7.2 Local/Regional Emergency Declaration ...........................................23
8.0 Financial Consequences of WSCP..........................................................24
9.0 Monitoring and Reporting.....................................................................24
10.0 WSCP Refinement Procedures............................................................24
11.0 Plan Adoption, Submittal and Availability..........................................25
References......................................................................................................26
Attachment 1: East Valley Water District Regulations and Service Ordinance 40327
Attachment 2: Adoption Resolution.................................................................27
East Valley Water District Table of Contents
East Valley Water District ii Water Shortage Contingency Plan
LIST OF FIGURES
2. Figure 1. Regional and Retail Agency Annual Assessment Process and Timeline
7
3.
East Valley Water District Table of Contents
East Valley Water District iii Water Shortage Contingency Plan
LIST OF TABLES
4. Table 1. Annual Assessment Procedure .........................................................4
5. Table 2. DWR 8-1 Water Shortage Contingency Plan Stages.........................10
6. Table 3. DWR 8-2 Demand Reduction Actions .............................................13
7. Table 4. DWR 8-3R Supply Augmentation & Other Actions ..........................20
8.
East Valley Water District Table of Contents
East Valley Water District iv Water Shortage Contingency Plan
ACRONYMS & ABBREVIATIONS
AWIA American Water Infrastructure Association
BTAC Basin Technical Advisory Committee
CWC California Water Code
CII Commercial, Industrial, and Institutional
DWR California Department of Water Resources
DRA Drought Risk Assessment
ERP Emergency Response Plan
EVWD/ District East Valley Water District
GW Groundwater
IRUWMP Integrated Regional Urban Water Management Plan
LHMP Local Hazard Mitigation Plan
RRA Risk and Resilience Assessment
SBB San Bernardino Basin
SWP State Water Project
UWWP Urban Water Management Plan
WSCP Water Shortage Contingency Plan
East Valley Water District 1 Water Shortage Contingency Plan
WATER SHORTAGE CONTINGENCY PLANEast Valley Water District
This Water Shortage Contingency Plan is a strategic plan that the
East Valley Water District uses to prepare for and respond to water
shortages.
IN THIS SECTION
Water Service
Reliability
Annual Water
Supply and
Demand
Assessment
Supply Shortage
Stages and
Response Actions
The Water Shortage Contingency Plan (WSCP) is a strategic plan
that the East Valley Water District (District) uses to prepare for and
respond to foreseeable and unforeseeable water shortages. A
water shortage occurs when available water supply is insufficient to
meet the normally expected customer water usedemands at a given
point in time. A shortage may occur due to a number of reasons,
such as water supply quality changes, climate change, drought,
regional power outage, and catastrophic events (e.g., earthquake).
Additionally, the State of California (State) may declare a statewide
drought emergency and mandate that water suppliers reduce
demands. The WSCP serves as the operating manual that EVWD
the District will use to prevent catastrophic service disruptions
through proactive, rather than reactive, mitigation of water
shortages. This WSCP provides a process for an Aannual Wwater
Ssupply and Ddemand Aassessment (Annual Assessment) and
structured steps designed to respond to actual conditions. This level
of detailed planning and preparation provides accountability and
predictability and that will help EVWD the District maintain reliable
supplies and reduce the impacts of any supply shortages and/or
interruptions.
This WSCP was updated in July 2022 to transition the District’s its
East Valley Water District Table of Contents
East Valley Water District 2 Water Shortage Contingency Plan
WSCP stages to match the State of California Department of Water
Resources (DWR) six standard stages and to provide the District
with additional flexibility in responding to State drought response
mandates with actions appropriate for the local water supply
conditions. This WSCP is a standalone document that can be
modified as needed. This document is compliant with the California
Water Code (CWC) Section 10632 and incorporated guidance from
DWR’s Urban Water Management Plan Guidebook.
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 2 Water Shortage Contingency Plan
The WSCP describes the following:
1.Water Service Reliability Analysis: Summarizes EVWD’s the District’s water supply analysis
and reliability and identifies any key issues that may trigger a shortage condition.
2.Annual Water Supply and Demand Assessment Procedures: Describes the key data inputs,
evaluation criteria, and methodology for assessing the system’s reliability for the coming year
and the steps to formally declare any water shortage stages and response actions.
3.Water Shortage Stages: Establishes three six water shortage stages that align with DWR’s six
standard shortage stages to clearly identify and prepare for shortages that are in compliance
with regulatory requirements.
4.Shortage Response Actions: Describes the response actions that may be implemented or
considered for each stage to reduce gaps between supply and demand.
5.Communication Protocols: Describes communication protocols under each stage to ensure
customers, the public, and government agencies are informed of shortage conditions and
requirements.
6.Compliance and Enforcement: Defines compliance and enforcement actions available to
administer demand reductions.
7.Legal Authority: Lists the legal documents that grant EVWD the District the authority to declare
a water shortage and implement and enforce response actions.
8.Financial Consequences of WSCP Implementation: Describes the anticipated financial
impact of implementing water shortage stages and identifies mitigation strategies to offset
financial burdens.
9.Monitoring and Reporting: Summarizes the monitoring and reporting techniques used to
evaluate the effectiveness of shortage response actions and overall WSCP implementation.
Results are used to determine if shortage response actions should be adjusted.
10.WSCP Refinement Procedures: Describes the factors that may trigger updates to the WSCP
and outlines how to complete an update.
11.Plan Adoption, Submittal, and Availability: Describes the process for the WSCP adoption,
submittal, and availability after each revision.
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 3 Water Shortage Contingency Plan
1.0 Water Service Reliability Analysis
As part of the 2020 Integrated Regional Urban Water Management Plan (IRUWMP), EVWD the District
completed a water supply reliability analysis for normal, single-dry, and five-year consecutive dry year
periods from 2025-2045. A Drought Risk Assessment (DRA) was also performed to analyze supply
reliability under five consecutive years of drought from 2021-2025. As described in Chapter 3 of the
2020 IRUWMP, the effects of a local drought are not immediately recognized since the region uses the
local groundwater basins to simulate a large reservoir for long term storage. EVWD The District is able
to pump additional groundwater from the San Bernardino Basin Area (SBB) to meet increased
demands in dry years when imported supplies are limited and participates in regional recharge efforts
to replenish the basins with imported water, local surface water and recycled water. and local water
through regional recharge programs. Additionally, EVWD the District implements several ongoing water
conservation measures. Regional recharge programs and conservation help to optimize and enhance
the use of regional water resources. Based on the 2020 IRUWMP analysis, EVWD’s the District’s
water supply is reliable and not expected to see impactful change under drought conditions.
Even though localized drought conditions should not affect supply, other shortages may occur due to a
number of reasons, such as water supply quality changes, regional power outage, State mandates for
water use efficiency standards, and catastrophic events (e.g., earthquake). Therefore, EVWD the
District will use this WSCP as appropriate to address shortages and other supply emergencies or in
compliance with .regulations.
2.0 Annual Water Supply and Demand Assessment
As an urban water supplier, EVWD the District must prepare and submit an Annual Water Supply and
Demand Assessment (Annual Assessment, ). Sstarting in 2022. , tThe Final Annual Assessment will
be due by July 1 of every year, as indicated by CWC Section 10632.1. The Annual Assessment is an
evaluation of the near-term outlook for supplies and demands to determine whether the potential for a
supply shortage exists and whether there is a need to trigger a WSCP shortage stage and response
actions in the current calendar year to maintain supply reliability. This process will take place at the
same time each year based on known circumstances and information available to EVWD the District at
the time of analysis and can be updated or revised at any time if circumstances change.
The District will establish and convene an internal WSCP Team to conduct the Annual Assessment
each year. The WSCP Team may include, but is not limited to, the following staff:
Senior Engineer
Operations Manager
Production Supervisor
Conservation Coordinator
Business Services Manager
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 4 Water Shortage Contingency Plan
Public Affairs/Conservation Manager
Chief Financial Officer
The Annual Assessment procedure, including key data inputs and evaluation criteria, is summarized in
Table 1. The District’s Annual Assessment procedure and timeline, along with how it integrates with
the regional Annual Assessment that will beis conducted on a regional basis in parallel, is shown
graphically in Figure 1.
Table 1. Annual Assessment Procedure
TIMING
ASSESSMENT
ACTIVITIES
PROCEDURE, KEY DATA INPUTS, EVALUATION
CRITERIA AND OTHER CONSIDERATIONS STAFF RESPONSIBLE
JAN -
FEBMARC
H
Estimate
unconstrained
demands for
coming year
Demands will be estimated based on water
sales forecasts from annual budget or prior
year demands plus any anticipated changes
Operations Manager
Chief Financial
Officer
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 5 Water Shortage Contingency Plan
TIMING
ASSESSMENT
ACTIVITIES
PROCEDURE, KEY DATA INPUTS, EVALUATION
CRITERIA AND OTHER CONSIDERATIONS STAFF RESPONSIBLE
JAN -
APRILFEB
Estimate
available
supplies for the
year,
considering the
following year
will be dry
Each December, EVWD the District submits
an order to San Bernardino Valley Municipal
Water District (Valley District) for the volume
of SWP State Water Project (SWP) water that
is planned for use the following year. If the
requested volume is not available due to
reduced SWP supplies, EVWD the District
will meet with Valley District and other SWP
users to discuss reducing SWP orders and
may update the Annual Assessment to reflect
a shift from SWP to groundwater production,
if needed.
Estimates of available surface water supplies
from the Santa Ana River will be based on
contract month allotment and 25% of the river
flows in non-contract months.
The remainder of supply needsdemand not
met from SWP and surface water will be
pumped from the San Bernardino Basin Area
(SBBA). SBB, which The SBBA is
sustainably managed to provide long term
supply reliability and is not anticipated to
experience supply shortagesbe impacted in
dry years. In the unlikely event that SBB
local groundwater supplies are reduced,
EVWD the District will coordinate with the
Basin Technical Advisory Committee (BTAC)
to identify available supplies for the coming
year.
Operations Manager
Senior Engineer
JAN -
FEBMARC
H
Consider
potential
constraints that
may impact
supply delivery
Identify any known regional or EVWD District
infrastructure issues that may pertain to near-
term water supply reliability, including repairs,
construction, and environmental mitigation
measures that may temporarily constrain
capabilities, as well as any new projects that
may add to system capacity.
Operations Manager
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 6 Water Shortage Contingency Plan
TIMING
ASSESSMENT
ACTIVITIES
PROCEDURE, KEY DATA INPUTS, EVALUATION
CRITERIA AND OTHER CONSIDERATIONS STAFF RESPONSIBLE
Identify any facilities out of service due to
water quality issues, equipment failure, etc.
that may impact standard water deliveries.
Identify any potential or emerging impacts to
groundwater quality, such as emerging
regulatory constraints that may limit use of
available supplies for potable needs.
FEBMARC
H - APRIL
Convene
WSCP Team to
conduct Annual
Assessment
Compare supplies and demands and discuss
any constraints that may impact supply
delivery. If the potential for a shortage exists,
determine which shortage response stage
and actions are recommended to reduce or
eliminate the shortage.
Additionally, if the State declares a drought
state of emergency and requires demand
reductions, the WSCP Team will determine
which water shortage stage and response
actions are needed to comply with the State
mandate.
WSCP Team
JUNE Board of
Directors
If the potential for a shortage exists or the
State has mandated demand reductionss that
that require action by the District’s Board of
Directors (Board), , the results of the Annual
Assessment will be presented to the EVWD
District Board of Directors,Board including the
recommended shortage stage and response
actions. The Board of Directors may may
authorize the General Manager/CEO to order
the implementation of a shortage stage and
will adopt a resolution declaring the
applicable water shortage stage and potential
actions.
General
Manager/CEO
Board of Directors
Conservation
Coordinator
Public Affairs /
Conservation
Manager
ON-
GOING
Implement
WSCP actions,
if needed
Relevant members of EVWD District staff will
implement shortage response actions
Conservation
Coordinator
Public Affairs /
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 7 Water Shortage Contingency Plan
TIMING
ASSESSMENT
ACTIVITIES
PROCEDURE, KEY DATA INPUTS, EVALUATION
CRITERIA AND OTHER CONSIDERATIONS STAFF RESPONSIBLE
associated with the declared water shortage
stage.
Conservation
Manager
BY JULY 1 Submit Retail
Annual
Assessment
Send Final Retail Annual Assessment to
DWR
WSCP Team
Figure 1. Regional and Retail Agency Annual Assessment Process and Timeline
3.0 Water Shortage Stages
With the exception of a catastrophic failure of infrastructure, EVWD the District does not foresee
imposing a water shortage stage due to a supply shortage. The District may impose water shortage
stage to encourage efficient water use and to comply with State drought mandates except under the
State’s direction, such as those that as occurred in 2014 and recenrlty, in 2022 with Governor
Newsom’s EO N-7-22, which required that urban water suppliers implement demand reduction actions
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 8 Water Shortage Contingency Plan
listed in the supplier’s state standard shortage Sstage 2. If a potential water supply shortage is
identified in the Annual Assessment, this section provides information on the water shortage stages and
response actions that EVWD the District may implement.
The CWC outlines six standard water shortage stages that correspond to a shortage compared to
normal year availability. The six standard water shortage stages correspond to progressively increasing
estimated shortage conditions (up to 10-, 20-, 30-, 40-, 50-percent, and greater than 50-percent
shortage compared to the normal reliability condition) and align with the response actions that a water
supplier would implement to meet the severity of the impending shortages. To align with Seeking
alignment with CWC,
EVWD the District uses three six (63) shortage stages to identify and respond to water shortage
emergenciesconditions. At a minimum, EVWD the District encourages Permanent Water Conservation
Measures baseline conservation efforts year-roundat all times, regardless of a shortage
emergencycondition, including encouragement of efficient outdoor use and discouragement of
everyday watering. Permanent Water Conservation Measures are listed in Section Error! Reference
source not found.. and detailed in Section 15 of the East Valley Water District Regulations and
Service Ordinance (Ordinance 403).
Stage I – Normal Conditions:Water Shortage Warning
A Voluntary Conservation Measures Normal conditionsWater Shortage Stage 1 – Water Shortage
Warning shall be in effect when the District determines there is a water supply shortage, or threatened
shortage, condition of up to 10%, or if directed by an executive order or regulation. The Board of
Directors may then, by resolution, declare a water shortage condition to prevail, and authorize the
General Manager/CEO to enact the conservation measures listed in Table 3 for Stage 1 in addition to
the permanent water conservation measures. During these conditions, all water customers are advised
to continue to use water wisely, to prevent the waste or unreasonable use of water, and to reduce water
consumption to that necessary for ordinary domestical and commercial purposes. In this stage, the
primary focus is on increased outreach and education and outdoor water use efficiency. through the
actions listed in Table 4
1.
Stage II – Threatened Water Supply ConditionModerate Water Shortage: s
A Water Shortage Stage 2 – Moderate Water Shortage shall be in effect when the District determines
there is a water supply shortage, or threatened shortage, condition of up to 20%, or if directed by an
executive order or regulation. The Board of Directors may then, by resolution, declare a water shortage
condition to prevail, and authorize the General Manager/CEO to enact the conservation measures
listed in Table 3 for Stage 2 in addition to the permanent water conservation measures and water
conservation measures implemented in Stage No. 1. To reduce demand during a Moderate Water
Shortage condition and all higher levels of conditions, the District will increase its public outreach and
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 9 Water Shortage Contingency Plan
education efforts to build awareness for efficient water use and encourage customers to repair leaks
within 72 hours.
Stage III: Water Emergency Significant Water Shortage
A Water Shortage Stage 3 – Significant Water Shortage shall be in effect when the District determines
there is a water supply shortage, or threatened shortage, condition of up to 30%, or if directed by an
executive order or regulation. The Board of Directors may then, by resolution, declare a water shortage
condition to prevail, and authorize the General Manager/CEO to enact the conservation measures
listed in Table 3 for Stage 3 in addition to the permanent water conservation measures and water
conservation measures implemented in Stage No. 1 and Stage No. 2. To reduce demand during a
Significant Water Shortage condition and all higher levels of conditions, the District will begin to limit
decorative and recreational water features, require customer leak repair within 48 hours of notification
from the District, and implement other conservation measures as listed in Table 3.
Stage IV: Severe Water Shortage
A Water Shortage Stage 4 – Severe Water Shortage shall be in effect when the District determines
there is a water shortage, or threatened water shortage, condition of up to 40%, or if directed by an
executive order or regulation. The Board of Directors may then, by resolution, declare a water shortage
condition to prevail, and authorize the General Manager/CEO to enact the conservation measures
listed in Table 3 for Stage 4 in addition to the permanent water conservation measures and water
conservation measures implemented in Stage No. 1, 2, and 3. To reduce demand during a Severe
Water Shortage condition and all higher levels of conditions, the District will impose further restrictions
on decorative and recreational water features, expand outreach and education efforts, expand indoor
and outdoor rebate programs, and other conservation measures listed in Table 3.
Stage V: Critical Water Shortage
A Water Shortage Stage 5 – Critical Water Shortage shall be in effect when the District determines
there is a water shortage, or threatened water shortage, condition of up to 50%, or if directed by an
executive order or regulation. The Board of Directors may then, by resolution, declare a water shortage
condition to prevail, and authorize the General Manager/CEO to enact the conservation measures
listed in Table 3 for Stage 5 in addition to the permanent water conservation measures and water
conservation measures implemented in Stage No. 1, 2, 3, and 4. To reduce demand during a Critical
Water Shortage condition and all higher levels of conditions, the District will prohibit filling or adding
potable water to decorative water features, increase Water Waste Patrol as needed, and, upon
direction of the General Manager/CEO, mayall potable irrigation of turf is prohibited unless stated
otherwise, use of potable water for construction site preparation purposes is prohibited, and other
conservation measures listed in Table 3.
Stage VI: Water Shortage Emergency
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 10 Water Shortage Contingency Plan
A Water Shortage Stage 6 –Water Shortage Emergency shall be in effect when the District determines
there is a water shortage, or threatened water shortage, condition of over 50%, or if directed by an
executive order or regulation. The Board of Directors may then, by resolution, declare a water shortage
condition to prevail, and authorize the General Manager/CEO to enact the conservation measures
listed in Table 3 for Stage 6 in addition to the permanent water conservation measures and water
conservation measures implemented in Stage No. 1, 2, 3, 4, and 5. To reduce demand during a Water
Shortage Emergency condition and all higher levels of conditions, the District will prohibit the use of
non-recirculating systems at car washes and commercial laundry facilities, impose a moratorium on
new construction meter permits, and, upon direction of the General Manager/CEO, prohibit may all
potable landscape irrigation, and other additional conservation measures listed in Table 3.
General Manager/CEO Emergency Authority
The District’s Board of Directors authorizes the General Manager/CEO to implement and enforce
measures necessary to remain in compliance with emergency statewide mandatory conservation
measures. Actions taken by the General Manager/CEO in accordance with State regulations outside of
those listed in Ordinance 403 must be reported to the Board at the next regularly scheduled meeting. A
summary of the District’s Water Shortage stages is outlined in Table 2 below.
Table 2.: DWR 8-1 Water Shortage Contingency Plan Stages
SHORTAGE
STAGE
PERCENT SHORTAGE RANGE1
(NUMERICAL VALUE AS A
PERCENT)WATER SHORTAGE CONDITION
1 Up to 10%Water Shortage Warning
2 Up to 20%Moderate Water Shortage
3 Up to 30%Significant Water Shortage
4 Up to 40%Severe Water Shortage
5 Up to 50%Critical Water Shortage
6 >50%Water Shortage Emergency
4.0 Shortage Response Actions
This section was completed pursuant to CWC Section 10632(a)(4) and 10632.5(a) and describes the
response actions that must will be implemented or considered for each stage to minimize social and
economic impacts to the community. Shortage response actions per water shortage stage are also
availablelisted in the District’s Ordinance 403 Section 15 – Water Conservation.
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 11 Water Shortage Contingency Plan
In accordance with Water CodeCWC 10632(b) EVWD the District analyzes and defines water features
that are artificially supplied with water, including ponds, lakes, waterfalls, and fountains, separately from
swimming pools and spas.
4.1 Demand Reduction
CWC Section 10632(a)(4) requires the WSCP to specify shortage response actions that align with the
defined shortage levels, and include, at a minimum, all the following:
Locally appropriate supply augmentation actions.
Locally appropriate demand reduction actions to adequately respond to shortages.
Locally appropriate operational changes.
Additional, mandatory prohibitions against specific water use practices that are in addition to
state-mandated prohibitions and appropriate to the local conditions.
An estimate of the extent to which the gap between supplies and demand will be reduced by
implementation of each action.
Shortage response actions included in this WSCP are a mix of prohibitions on end use, demand
reduction methods, supply augmentation, and operational change measures. DWR defines prohibitions
on end uses as measures to address areas that are the responsibility of the end users, such as a
broken sprinkler or leaking faucet. Demand reduction methods are actions invoked by a water agency
to reduce consumption, such as expanding public information campaigns and offering water use
evaluations. Supply augmentation is defined as any action designed to increase the existing supply
availability such as the use of emergency storage or acquiring additional transfer water. Operational
changes are defined as actions taken by the District to change the way in which existing supplies are
used within its service area.
4.2 Permanent Water Conservation Measures
The District’s Ordinance 403 establishes Permanent Water Conservation Measures that are in effect at
all times to protect and ensure a safe and reliable water supply. These measures are intended to
promote water conservation as a permanent way of life, even during years of normal or above normal
precipitation and water supplies. The following is a list of the permanent water conservation measures,
which are established can also be found in Ordinance 403, found in Attachment 1.
Excessive Irrigation and Related Waste - No property within the District service area shall cause
or permit the use of water for irrigation of landscaping or other outdoor vegetation, to exceed the
amount required to provide reasonable irrigation, and shall not cause or permit any
unreasonable or excessive waste of water from said irrigation activities or from watering devices
or systems.
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 12 Water Shortage Contingency Plan
Run-off - The free flow of water away from a service address is prohibited and shall be
presumptively considered excessive irrigation and waste.
Wash-down - No water provided by the District shall be used for the purposes of wash-down of
impervious areas without specific written authorization of the General Manager/CEO, except to
maintain health and safety standards.
Vehicle Washing - The washing of cars, trucks or other vehicles must be conducted with a hose
equipped with an automatic shut-off device, or at a commercial vehicle washing facility.
Decorative Water Features - Water fountains or other decorative water features must re-
circulate water.
Irrigation After Measurable Rainfall - The application of potable water to outdoor landscape for
irrigation purposes during or within 48 hours after at least ¼ inch of rainfall is prohibited.
Drinking Water Provided by Restaurants - Restaurants are prohibited from serving drinking
water to patrons unless requested.
Restaurants - All restaurants are required to use water conserving pre-rinse dish wash spray
valves.
Hotel and Motel - Hotels and motels must offer their guests the option to not have their linens
and towels laundered daily and must prominently display this option in each room.
Irrigation of Ornamental Turf on Medians and Parkways - Medians and bordering parkways
located within the right-of-way are prohibited to use potable water to irrigate turf. Bordering
parkways are considered the strips of non-functional ornamental turf adjacent to the street. The
continued irrigation and preservation of trees is encouraged.
Recreational Water Features - Recreational water features, such as pools and spas, are
encouraged to use evaporation resistant covers.
Leak Repair - All customers and service area residents are encouraged to repair leaks to
reduce water waste in a timely manner.
Budget-based Rates – The District will maintain a budget-based rate structure for all customers
to encourage efficient use of water.
Metering – The District will utilize Advanced Metering Infrastructure (AMI) meters to minimize
water loss, unbilled usage, and to provide more timely information on water use.
Water Use Evaluations – The District will provide water use evaluations at no charge to
customers. The District may provide historical water use data to commercial and industrial
facilities for use in developing water conservation plans for their facilities.
Indoor Rebate Programs – The District will implement programs to offer rebates to customers
for indoor high efficiency appliances and fixtures.
Outdoor Rebate Programs - The District will implement programs to offer rebates to customers
for high efficiency outdoor irrigation and other outdoor water use reduction measures.
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 13 Water Shortage Contingency Plan
Landscape Irrigation - The District will encourage efficient outdoor use and discourage everyday
watering to achieve conservation. The District may determine that landscape irrigation shall be
conducted only during specific hours and/or days and may impose other restrictions on the use
of water for such irrigation.
The demand reduction goal of all demand reduction actions per water shortage stage is to balance
supply and demand. Table 3 summarizes these efforts and end use prohibitions.
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 14 Water Shortage Contingency Plan
Table 3. DWR 8-2 Demand Reduction Actions
SHORTAGE
STAGE
DEMAND
REDUCTION
ACTIONS
HOW MUCH IS
THIS GOING TO
REDUCE THE
SHORTAGE GAP?ADDITIONAL EXPLANATION OR REFERENCE
PENALTY,
CHARGE, OR
OTHER
ENFORCEMENT
All Landscape –
Other
landscape
restriction or
prohibition
0-1%Excessive Irrigation and Related Waste - No property within the District
service area shall cause or permit the use of water for irrigation of
landscaping or other outdoor vegetation, to exceed the amount required to
provide reasonable irrigation, and shall not cause or permit any
unreasonable or excessive waste of water from said irrigation activities or
from watering devices or systems.
Yes
All Landscape –
Restrict or
prohibit runoff
from landscape
irrigation
0-1%Run-off - The free flow of water away from a service address is prohibited
and shall be presumptively considered excessive irrigation and waste.
Yes
All Other – Prohibit
use of potable
water for
washing hard
surfaces
0-1%Wash-down - No water provided by the District shall be used for the
purposes of wash-down of impervious areas without specific written
authorization of the General Manager/CEO except to maintain health and
safety standards.
Yes
All Other – Require
automatic shut
off hoses
0-1%Vehicle Washing - The washing of cars, trucks or other vehicles is not
permitted, except with a hose equipped with an automatic shut-off device,
or a commercial facility.
Yes
All Water Features
– Restrict water
use for
decorative
water features,
such as
fountains
0-1%Decorative Features - Water fountains or other decorative water features
must re-circulate water.
Yes
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 15 Water Shortage Contingency Plan
SHORTAGE
STAGE
DEMAND
REDUCTION
ACTIONS
HOW MUCH IS
THIS GOING TO
REDUCE THE
SHORTAGE GAP?ADDITIONAL EXPLANATION OR REFERENCE
PENALTY,
CHARGE, OR
OTHER
ENFORCEMENT
All Landscape –
Other
landscape
restriction or
prohibition
0-2%Irrigation After Measurable Rainfall - The application of potable water to
outdoor landscape for irrigation purposes during or within 48 hours after ¼
inch of rainfall is prohibited.
Yes
All CII -
Restaurants
may only serve
water upon
request
0-1%Drinking Water Provided by Restaurants - Restaurants are prohibited from
serving drinking water to patrons unless requested.
Yes
All CII –
Commercial
kitchens
required to use
pre-rinse spray
valves
0-1%Restaurants - All restaurants are required to use water conserving pre-
rinse dish wash spray valves.
Yes
All CII - Lodging
establishment
must offer opt
out of linen
service
0-1%Hotel and Motel - Hotels and motels must offer their guests the option to
not have their linens and towels laundered daily and must prominently
display this option in each room.
Yes
All Landscape –
Other
landscape
restriction or
prohibition
0-1%Irrigation of Ornamental Turf on Medians and Parkways - Medians and
bordering parkways located within the right-of-way are prohibited to use
potable water to irrigate turf. Bordering parkways are considered the strips
of non-functional ornamental turf adjacent to the street. The continued
irrigation and preservation of trees is encouraged.
No
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 16 Water Shortage Contingency Plan
SHORTAGE
STAGE
DEMAND
REDUCTION
ACTIONS
HOW MUCH IS
THIS GOING TO
REDUCE THE
SHORTAGE GAP?ADDITIONAL EXPLANATION OR REFERENCE
PENALTY,
CHARGE, OR
OTHER
ENFORCEMENT
All Other water
feature or
swimming pool
restriction
0-1%Recreational Water Features - Recreational water features, such as pools
and spas, are encouraged to use evaporation resistant covers.
No
All Other –
Customers
must repair
leaks, breaks,
and
malfunctions in
a timely manner
1-2%Leak Repair - All customers and service area residents are encouraged to
repair leaks to reduce water waste in a timely manner.
No
All Improve
Customer
Billing
0-5%Budget-based Rates – The District will maintain a budget-based rate
structure for all customers to encourage efficient use of water.
No
All Improve
Customer
Billing
0-1%Metering – The District will utilize Advanced Metering Infrastructure (AMI)
meters to minimize water loss, unbilled usage, and to provide more timely
information on water use.
No
All Offer Water Use
Surveys
0-5%Water Use Evaluations – The District will provide water use evaluations at
no charge to customers. The District may provide historical water use data
to commercial and industrial facilities for use in developing water
conservation plans for their facilities.
No
All Provide
Rebates on
Plumbing
Fixtures and
Devices
0-2%Indoor Rebate Programs – The District will implement programs to offer
rebates to customers for indoor high efficiency appliances and fixtures.
No
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 17 Water Shortage Contingency Plan
SHORTAGE
STAGE
DEMAND
REDUCTION
ACTIONS
HOW MUCH IS
THIS GOING TO
REDUCE THE
SHORTAGE GAP?ADDITIONAL EXPLANATION OR REFERENCE
PENALTY,
CHARGE, OR
OTHER
ENFORCEMENT
All Provide
Rebates for
Landscape
Irrigation
Efficiency
0-2%Outdoor Rebate Programs - The District will implement programs to offer
rebates to customers for high efficiency outdoor irrigation and other
outdoor water use reduction measures.
No
All Landscape –
Other
landscape
restriction or
prohibition
0-5%Landscape Irrigation - The District will encourage efficient outdoor use and
discourage everyday watering to achieve conservation. The District may
determine that landscape irrigation shall be conducted only during specific
hours and/or days and may impose other restrictions on the use of water
for such irrigation.
No
1 Expand Public
Information
Campaign
0-10%Outreach and Education - The District will implement outreach and
education programs encouraging outdoor and indoor water use efficiency.
No
2 Other –
Customers
must repair
leaks, breaks,
and
malfunctions in
a timely manner
1-5%Leak Repair – Customers are encouraged to repair water leaks within 72
hours of notification from the District.
No
2 Expand Public
Information
Campaign
1-5%Outreach and Education – The District will expand its public information
campaign on the water supply conditions and encourage efficient water
use indoors and outdoors.
No
3 Water Features
– Restrict water
use for
decorative
water features,
such as
fountains
1-3%Decorative Water Features – Customers are encouraged to not empty,
refill, or add water to decorative water features, including ponds, fountains,
and artificial lakes. Exceptions may be made by the General
Manager/CEO to sustain biological life, such as fish, or for municipally
owned or operated ponds.
No
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 18 Water Shortage Contingency Plan
SHORTAGE
STAGE
DEMAND
REDUCTION
ACTIONS
HOW MUCH IS
THIS GOING TO
REDUCE THE
SHORTAGE GAP?ADDITIONAL EXPLANATION OR REFERENCE
PENALTY,
CHARGE, OR
OTHER
ENFORCEMENT
3 Other water
feature or
swimming pool
restriction
0-1%Recreational Water Features – Customers are encouraged to not empty,
refill, or add water to recreational water features, such as pools or spas.
Exceptions may be made by the General Manager/CEO for municipally
owned or operated pools.
No
3 Other water
feature or
swimming pool
restrictionCII –
Other CII
restriction or
prohibition
0-1%Non-recirculating Water Systems – Customers are encouraged to retrofit
non-recirculating systems at car washes and commercial laundry facilities
to install recirculation systems.
No
3 Other –
Customers
must repair
leaks, breaks,
and
malfunctions in
a timely manner
0-1%Leak Repair – Customers must repair leaks within 48 hours of notification
from the District.
Yes
4 Other – Prohibit
vehicle washing
except at
facilities using
recycled or
recirculating
water
0-1%Vehicle Washing - The washing of cars, trucks or other vehicles is not
permitted except at commercial vehicle washing facilities.
Yes
4 Water Features
– Restrict water
use for
decorative
water features,
such as
fountains
0-1%Decorative Water Features - Emptying, refilling, or adding water to
decorative water features is prohibited. Exceptions may be made to
sustain biological life, such as fish, or for municipally owned or operated
ponds. Requests for variances in water budgets will not be accepted.
Yes
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 19 Water Shortage Contingency Plan
SHORTAGE
STAGE
DEMAND
REDUCTION
ACTIONS
HOW MUCH IS
THIS GOING TO
REDUCE THE
SHORTAGE GAP?ADDITIONAL EXPLANATION OR REFERENCE
PENALTY,
CHARGE, OR
OTHER
ENFORCEMENT
4 Other water
feature or
swimming pool
restriction
0-1%Recreational Water Features - Emptying, refilling, or adding water to
recreational water features is prohibited. Exceptions may be made by the
General Manager/CEO for municipally owned or operated pools. Requests
for variances in water budgets will not be accepted.
Yes
4 Other –
Customers
must repair
leaks, breaks,
and
malfunctions in
a timely manner
0-1%Leak Repair – Customers must repair leaks within 24 hours of notification
from the District.
Yes
4 Provide
Rebates on
Plumbing
Fixtures and
Devices
1-2%Indoor Rebate Programs – The District will expand its indoor rebate
program to assist customers with mandatory conservation efforts.
No
4 Provide
Rebates for
Landscape
Irrigation
Efficiency
1-2%Outdoor Rebate Programs – The District will expand its outdoor rebate
program to assist customers with mandatory conservation efforts.
No
4 Expand Public
Information
Campaign
1-5%Outreach and Education – The District will expand targeted
communications focusing on customers with tier 3 usage and provide
educational opportunities, including workshops, classes, and other public-
facing community events.
No
5 Water Features
– Restrict water
use for
decorative
water features,
such as
fountains
0-1%Decorative Water Features - Filling or adding potable water to decorative
water features is prohibited except to sustain biological life.
Yes
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 20 Water Shortage Contingency Plan
SHORTAGE
STAGE
DEMAND
REDUCTION
ACTIONS
HOW MUCH IS
THIS GOING TO
REDUCE THE
SHORTAGE GAP?ADDITIONAL EXPLANATION OR REFERENCE
PENALTY,
CHARGE, OR
OTHER
ENFORCEMENT
5 Increase Water
Waste Patrols
1-2%Leak Repair – The District will increase Water Waste Patrol as needed.No
5 Landscape –
Prohibit certain
types of
landscape
irrigation
0-5%Landscape Irrigation - Upon direction of the General Manager/CEO, all
potable irrigation of turf is prohibited unless stated otherwise. These
limitations do not apply to drought-tolerant landscapes, including trees and
shrubs.
Yes
5 Other – Prohibit
use of potable
water for
construction
and dust control
0-1%Construction Water – Upon direction of the General Manager/CEO, the
use of potable water for construction site preparation purposes is
prohibited, other than to maintain necessary fire and safety standards.
Yes
5 CII – Other CII
restriction or
prohibition
0-2%Agricultural Irrigation - Persons receiving water from the District who are
engaged in commercial agricultural practices, whether for the purpose of
crop production or growing of ornamental plants shall provide, maintain,
and use irrigation equipment and practices which are the most efficient
possible. Upon determination by the General Manager/CEO, these
persons may be required to prepare a plan within 30 days of request by
the District describing their irrigation practices and equipment, including
but not limited to, actions to be taken to improve water use efficiency or
justification that water use on the property is the most efficient possible.
The District will provide these facilities with information regarding the
average monthly water use by the facility for the last two-year period and a
free water use evaluation will be provided upon request. After review and
approval by the General Manager/CEO, the plan shall be considered
subject to inspection and enforcement by the District.
Yes
6 CII – Other CII
restriction or
prohibition
0-1%Non-recirculating Water Systems - Operation of non-recirculating systems
at car washes and commercial laundry facilities is prohibited
Yes
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 21 Water Shortage Contingency Plan
SHORTAGE
STAGE
DEMAND
REDUCTION
ACTIONS
HOW MUCH IS
THIS GOING TO
REDUCE THE
SHORTAGE GAP?ADDITIONAL EXPLANATION OR REFERENCE
PENALTY,
CHARGE, OR
OTHER
ENFORCEMENT
6 Landscape –
Prohibit all
landscape
irrigation
2-5%Landscape Irrigation - Upon direction of the General Manager/CEO, all
potable landscape irrigation is prohibited.
Yes
6 Moratorium or
Net Zero
Demand
Increase on
New
Connections
0-1%Construction Meters - No new construction meter permits shall be issued
by the District. All existing construction meters shall be removed and/or
locked, with the exception of critical infrastructure projects.
Yes
6 CII – Other CII
restriction or
prohibition
1-2%Parks, and Schools, and Golf Courses - Upon direction of the General
Manager/ CEO, watering of parks, school grounds and golf courses is
prohibited.
Yes
6 CII – Other CII
restriction or
prohibition
1-2%Commercial Nurseries and Livestock - Commercial nurseries shall
discontinue all watering and irrigation to permanent crops that take >5
years to replace. Watering of livestock is permitted as necessary.
Yes
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 22 Water Shortage Contingency Plan
4.3 Supply Augmentation
Table 4 identifies the supply augmentation actions the District can take in the event of a water shortage
condition. The District currently maintains interconnections with the City of San Bernardino Municipal
Water Department (SBMWD) and the City of Riverside. During water shortage conditions, the District
may be able to obtain supplemental water supply through these connections, if available.
Table 4. DWR 8-3R Supply Augmentation & Other Actions
SHORTAG
E STAGE
SUPPLY AUGMENTATION
METHODS AND OTHER
ACTIONS BY WATER
SUPPLIER
HOW MUCH IS THIS
GOING TO REDUCE
THE SHORTAGE
GAP? ADDITIONAL EXPLANATION OR REFERENCE
All Other purchases 0-100%The District has emergency water supply
connections to two adjacent water agencies
(SBMWD and the City of Riverside), volume
depends on supply availability from neighboring
agency
4.14.4 Operational Changes and Additional Mandatory
Restrictions
During shortage conditions, operations may be affected by supply augmentation or demand reduction
responsesactions. EVWD The District will consider their operational procedures when it completes its
Annual Assessment.
4.24.5 Emergency Response Plan
In 2020, EVWD the District completed a Risk and Resilience Assessment (RRA) and Emergency
Response Plan (ERP) in accordance with America’s Water Infrastructure Act (AWIA) of 2018. The
purpose of the RRA and ERP is to meet the AWIA compliance requirements and plan for long-term
resilience of EVWD’s the District’s infrastructure. The RRA assessed EVWD’s the District’s water
system to identify critical assets and processes that may be vulnerable to human and natural hazards,
and to identify measures that can be taken to reduce risk and enhance resilience from service
disruption for the benefit of customers. The RRA identifies and characterizes both infrastructure-
specific and system-wide vulnerabilities and threats and quantifies the consequences of disruption.
The RRA also identifies various options (and constraints) in addressing and mitigating risk. The RRA,
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 23 Water Shortage Contingency Plan
in conjunction with the Emergency Response Plan (ERP), charts a course for water system resilience.
The RRA also provided various recommendations to increase reliability of EVWD’s the District’s
system. Since critical pieces of infrastructure and specific vulnerabilities are detailed in the RRA and
ERP, the contents of the document are confidential and for use by EVWD’s District staff only.
However, EVWD the District can confirm that these plans meet the requirements set forth by AWIA and
evaluate seismic risks and mitigation actions to EVWD’s the District’s infrastructure.
In the event of a water shortage emergency resulting from equipment failure, power outage, or other
catastrophe, EVWD the District is prepared to purchase emergency water supplies from nearby
agencies while repairs or other remedial actions are underway. EVWD The District may also implement
its sixthree-stage plan for conservation, as described above.
4.34.6 Seismic Risk Assessment and Mitigation Plan
Disasters, such as earthquakes, can and will occur without notice. In addition to the AWIA RRA and
ERP, EVWD the District has a 2020 Local Hazard Mitigation Plan (LHMP) that includes an assessment
of seismic risk and mitigation for water facilities. The contents of the LHMP document are confidential
and for use by EVWD’s District staff only.
The LHMP identified a set of hazard mitigation actions that are intended to reduce the impact of
hazards, including:
Design new District facilities to withstand an 8.0 earthquake. This The area of Southern
California in which the District’s service area resides is a high earthquake risk and exists on the
fault zone.
Pursue funding for retrofit programs to bring non-compliant structures up to code. These codes
help water agencies design and construct reservoirs, pump stations, groundwater wells, and
pipelines that resist the forces of nature and ensure safety.
4.44.7 Shortage Response Action Effectiveness
EVWD The District’s consultant, Water Systems Consulting (WSC) has estimated the effectiveness of
shortage response actions in Error! Reference source not found. and Table 3 wheren data pertaining
to such actions is were available. It is expected assumed that the effectiveness of the response actions
effectiveness is also a result of successful effective communication and outreach efforts.
5.0 Communication Protocols
The East Valley Water District prioritizes effective communication, especially in times of a water
shortage emergency. EVWD The District routinely communicates details to customers about details
onregarding the announcement of new or ongoing when awater shortage stages is announced.
Communication actions may include, but are not limited to, bill inserts, handouts, informationalve flyers,
and direct mail pieces to customers, newspaper advertisements, news releases, social media outreach,
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 24 Water Shortage Contingency Plan
and website content. EVWD The District continues to provide reminders about shortage stages and
encourages conservation wise water use at all times.
6.0 Compliance and Enforcement
EVWD The District always discourages excessive water consumption. EVWD It is not unlikely that the
District would to implement drought penalties or charges for excessive use during short-term water
shortages because they are limited in duration and, at the time of declaration, are not expected to last
more than a few weeksunless absolutely necessary to engage unresponsive customers and/or to
maintain compliance with State-mandated water shortage declarations. EVWD Note that the District
maintains authority to could establish impose restrictions or discontinue service in the case of repeat
offenders under as detailed in CWC. the Water Code of the State of California.
The District focuses much of the its drought response on educating customerseducation, informing
them customers of ways to to increase water use efficiencysavereduce water use, and serving as an
informational resource to the public. UnfortunatelyHowever, there are times when additional measures
must be utilized to protect the water supply. The District has measures in place to address violations
inof the Ordinance 403, which may result in the imposition of surcharges and restriction and/or
termination of water service as set forth below:
1.First Violation --– For a first violation, the District shall issue a Issuance of written notice of
violation of to the water user violating the provisions of Ordinance 403. The notice shall be given
pursuant to the requirements of Section 15.10 12 of Ordinance 4031.
2.Second Violation: $100 Surcharge – For a second violation of Ordinance 4031 within a 12-
month period, or failure to comply with the notice of violation within 30 days after notice of
imposition, a surcharge of $100.00 is hereby imposed for the meter through which the wasted
water was supplied.
3.Third Violation: $300 Surcharge – -- For a third violation of this Oordinance 403 within a 12-
month period, or for continued for continued failure to comply within 30 days after notice of
imposition of second violation sanctions, a one-month penalty surcharge of $300.00 is hereby
imposed for the meter through which the wasted water was supplied.
4.Fourth Violation: $500 Surcharge – For a fourth violation of Ordinance 403 within a 12-month
period, or for continued failure to comply within 30 days after notice of an imposition of third
violation sanctions, a one-month penalty surcharge in the amount of $500.00 is hereby imposed
for the meter through which the wasted water was supplied.
3.5.Subsequent Fifth Violation: $500 Surcharge and/or Installation of a Flow
Restrictors – For a fifth violation of Ordinance 403 within a 12-month period, or for continued
failure to comply within 30 days after notice of an imposition of fourth violation sanctions, a one-
month penalty surcharge in the amount of $500.00 is hereby imposed for the meter through
which the wasted water was supplied. In addition to the surcharge, the District may, at its
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 25 Water Shortage Contingency Plan
discretion, install a flow-restricting device at such meter with a one-eighth inch (1/8") orifice for
services up to one and one-half (1-1/2") inch size, and comparatively sized restrictors for larger
services, on the service of the customer at the premises at which the violation occurred for a
period of not less than 48 hours. The charge to the customer for installing a flow-restricting
device shall be based upon the size of the meter and the actual cost of installation. The charge
for removal of the flow- restricting device and restoration of normal service shall be based on
the actual cost of removal. Such restoration of service shall not be made until the General
Manager/CEO of the District has determined that the water user has provided reasonable
assurances that future violations of this Ordinance 403 by such user will not occur.
The General Manager/CEO may grant permits for uses of water otherwise prohibited under the
shortage response actions if he they determines that restrictions herein would either:
Cause an unnecessary and undue hardship to the water user customer or the public
Cause an emergency condition affecting that affects the health, sanitation fire protection, or
safety of the water use customer or of the public
Such exceptions may be granted only upon written applicationrequest. Upon granting such exception
permit, the General Manager/CEO may impose any conditions determined to be just and proper.
7.0 Legal Authorities
A WSCP was originally first prepared by EVWD East Valley Water District in 1992, in response to
Assembly Bill 11X (AB 11X), which was signed into law on October 14, 1991. The bill requires urban
water suppliers providing municipal water directly or indirectly to more than 3,000 customers or
supplying more than 3,000 acre -feet of water annually, to draft a WSCP in case of a drought for the
sixth consecutive year. Plan elements mandated by AB 11X are addressed therein. The This Plan
WSCP was subsequently incorporated into the EVWD District’s Ordinance No. 4031 Section 15 –
Water Conservation (this is included in as Attachment 1). This section of the Ordinance addresses
water shortage response actionsconservation measures that the District has adopted for the following
water shortage stages (1) normal conditions, (2) threatened water supply conditions, and (3)
emergency water shortage conditions.Water Shortage Warning, (2) Moderate Water Shortage, (3)
Significant Water Shortage, (4) Severe Water Shortage, (5) Critical Water Shortage, and (6) Water
Shortage Emergency.
7.1 Water Shortage Emergency Declaration
In accordance with Water CodeCWC Section Division 1, Section 350 – EVWD the District shall declare
a Wwater Sshortage Eemergency condition to prevail within the area served by such distributor
whenever it finds and determines that the ordinary demands and requirements of water consumers
customers cannot be satisfied without depleting the water supply of the distributor to the extent that
there would be insufficient water for human consumption, sanitation, and fire protection.
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 26 Water Shortage Contingency Plan
7.2 Local/Regional Emergency Declaration
If a water shortage is approachingimminent, EVWD the District shall coordinate with the cities, county,
and local indigenous communities in its service area for the possible proclamation of a local emergency.
8.0 Financial Consequences of WSCP
EVWD East Valley Water District makes contributions to a rate stabilization fund contribution in
accordance with a District Designated Fund Policy established in July 2010. Funds discussed in the
policy include the Rate Stabilization Fund and the Capital Replacement Fund.
In the event of a water shortage, a two-point program will be utilized to meet the fiscal shortfall of
reduced water revenues:
1. Reduce operation and maintenance expenses.
2. Defer selected capital improvement projects until the water shortage situation improves.
3. Rate Stabilization Funds, once accumulated, will serve as a third means of meeting fiscal
shortfalls.
To ensure EVWD’s the District’s customers comply with Ordinance No. 4031 Section 15 – Water
Conservation and CWC Chapter 3.3 (Excessive Residential Water Use During Drought), additional
costs may be incurred to monitor and enforce response actions. The incurred cost may vary depending
on the shortage stage and duration of the water shortage emergency.
9.0 Monitoring and Reporting
The water savings from implementation of the WSCP will be determined based on monthly production
reports which are reviewed and compared to production reports and pumping statistics from prior
months and the same period of the prior year. Under shortage conditions, these production reports
could be prepared as often as daily. At first, the cumulative consumption for the various sectors (e.g.,
residential, commercial, etc.) will be evaluated for reaching the target level of demand reductions. Then
if needed, individual accounts will be monitored. Weather and other possible influences may be
accounted for in the evaluation.
10.0 WSCP Refinement Procedures
The WSCP is best prepared and implemented as an adaptive management plan. EVWD The District
will use utilize results obtained from their its monitoring and reporting program to evaluate any needs
for revisions. Potential changes to the WSCP that would warrant an update include, but are not limited
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 27 Water Shortage Contingency Plan
to, any changes to trigger conditions for new water shortage stages, changes to the shortage stage
structure, and/or changes to customer demand reductionshortage response actions.
Any prospective changes to the WSCP would need tomust be presented to the Community Advisory
Commission and the Legislative and Public Outreach Committee for feedback. Changes to the WSCP
would then be presented to EVWD’s the District’s Board of Directors for discretionary discretionary
approval. Once discretionary approval has been granted, EVWD the District will hold a public hearing,
obtain acquire and review any comments andcomments and adopt the updated WSCP. Notices for
refinement and the public hearing date will beare required to be published in the local newspaper in
advance of any public meetings. .
11.0 Plan Adoption, Submittal and Availability
The District’s EVWD adopted this WSCP with the 2020 IRUWMP. The 2020 IRUWMP and 2022
WSCP were was made available for public review in June July 20221 and a public hearing was held
on July 27ne 23, 20221 to receive public input on the draft plan2020 IRUWMP and the WSCP.
The EVWD District’s Board of Directors adopted the 2020 IRUWMP and the WSCP at a public meeting
hearing on Julyne 273, 20221. The resolution of adoption is included as an Aattachment 2.
This WSCP was was submitted to DWR through the WUEWUE DataData Pportal before the deadline
of July 1, 2021.within 30 days of adoption.
This WSCP will bewas made available to the public on EVWD’s the District’s web site within 30 days of
adoption.
If EVWD the District identifies the need to amend this WSCP, it will follow the same procedures for
notification to cities, counties and the public as those that were used for the this WSCP. and for the
District’s 2020 IRUWMP, which included the District’s last edition of its WSCP from 2020, and for initial
adoption of the WSCP.
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 28 Water Shortage Contingency Plan
References
California Department of Water Resources. (2021). Urban Water Management Plan Guidebook 2020. Sacramento:
California Department of Water Resources.
Texas Living Waters Project. (2018). Water Conservation by the Yard: A Statewide Analysis of Outdoor Water
Savings Potential. Austin: Texas Living Waters Project, Sierra Club, National Wildlife Federation. Retrieved
from Texas Living Waters Project.
United States Environmental Protection Agency, Office of Water. (2002). Cases in Water Conservation: How
Efficiency Programs Help Water Utilities Save Water and Avoid Costs. United States Environmental
Protection Agency.
East Valley Water District Water Shortage Contingency Plan
Attachment 1: East Valley Water
District Regulations and Service
Ordinance 403
Attachment 2: Adoption
Resolution
East Valley Water District
Resolution 2022.12
Page | 1
RESOLUTION 2022.12
RESOLUTION OF THE BOARD OF DIRECTORS OF
THE EAST VALLEY WATER DISTRICT ADOPTING THE WATER
SHORTAGE CONTINGENCY PLAN
WHEREAS, East Valley Water District (District) is a California Water District
organized and operating according to California law; and
WHEREAS, The California Urban Water Management Planning Act, Water
Code Section 10610 et seq. (the UWMP Act), mandates that every urban supplier of
water providing water for municipal purposes to more than 3,000 customers or supplying
more than 3,000 acre feet of water annually, prepare and adopt, in accordance with
prescribed requirements, a water shortage contingency plan (WSCP); and
WHEREAS, East Valley Water District (District) meets the definition of an
urban water supplier for purposes of the UWMP Act; and
WHEREAS, the UWMP Act specifies the requirements and procedures for
adopting such WSCPs; and
WHEREAS, pursuant to recent amendments to the UWMP Act, urban water
suppliers are required to adopt and electronically submit their WSCPs to the California
Department of Water Resources and California State Library no later than 30 days after
adoption; and
WHEREAS, The District has prepared a WSCP in accordance with the UWMP
Act, and in accordance with applicable legal requirements, has undertaken certain
coordination, notice, public involvement, public comment, and other procedures in
relation to its WSCP; and
WHEREAS, the WSCP references and incorporates the provisions of the East
Valley Water District Regulations and Service Ordinance No. 403, which was updated to
East Valley Water District
Resolution 2022.12
Page | 2
include revised Water Conservation provisions taken to the Board of Directors on July
27, 2022; and
WHEREAS, in accordance with the UWMP Act, the District has prepared its
WSCP with its own staff, with the assistance of consulting professionals, and has utilized
and relied upon industry standards and the expertise of industry professionals in
preparing its WSCP, and has also utilized the California Department of Water Resources
Guidebook for Urban Water Suppliers to Prepare 2020 Urban Water Management Plans,
in preparing its WSCP; and
WHEREAS, the Board of Directors desires to adopt the WSCP in order to
comply with the UWMP Act and incorporate updated Water Conservation provisions of
Ordinance No. 403.
NOW THEREFORE BE IT RESOLVED, the Board of Directors of the
District hereby resolve as follows:
1. The WSCP is hereby adopted as amended by changes incorporated by
the Board of Directors as a result of input received (if any) at the public hearing and order
filed with the Secretary of the Board of Directors;
2. The General Manager/CEO is hereby authorized and directed to
include a copy of this Resolution in the District’s WSCP;
3. The General Manager/CEO is hereby authorized and directed, in
accordance with Water Code sections 10621(d) and 10644(a)(1)-(2), to electronically
submit a copy of the WSCP to the California Department of Water Resources no later
than 30 days after adoption;
4. The General Manager/CEO is hereby authorized and directed, in
accordance with Water Code section 10644(a), to submit a copy of the WSCP to the
California State Library, and to any city or county within which the District provides
water supplies no later than thirty (30) days after adoption;
5. The General Manager/CEO is hereby authorized and directed, in
accordance with Water Code section 10645, to make the WSCP available for public
review at the District’s offices during normal business hours and on the District’s website
East Valley Water District
Resolution 2022.12
Page | 3
no later than thirty (30) days after filing a copy of the WSCP with the California
Department of Water Resources;
7. The General Manager/CEO is hereby authorized and directed to
implement the WSCP in accordance with the UWMP Act and to provide
recommendations to the Board of Directors regarding the necessary budgets, procedures,
rules, regulations, or further actions to carry out the effective and equitable
implementation of the WSCP.
ADOPTED, this 27th day of July 2022.
Directors:
Ayes:
Noes:
Absent:
Abstain:
_____________________________
Phillip R. Goodrich
Board President
July 27, 2022
I HEREBY CERTIFY that the foregoing is a full, true, and correct copy of Resolution
2022.12 adopted by the Board of Directors of East Valley Water District at its regular
meeting held on July 27, 2022.
_____________________________
John Mura
Board Secretary
Agenda Item
#4c
July 27, 20221
Meeting Date: July 27, 2022
Agenda Item #4c
Public Hearing
Regular Board Meeting
TO: Governing Board Members
FROM: General Manager/CEO
SUBJECT: Consider Adoption of Resolution 2022.13 - Implementing Stage 2 of the
2022 Water Shortage Contingency Plan, Public Hearing
RECOMMENDATION
Staff recommends that the Board of Directors consider approval of Resolution 2022.13
to implement Stage 2 of the Water Shortage Contingency Plan (WSCP) as written in
Ordinance 403 and authorize the General Manager/CEO to implement additional
demand reduction actions to maintain compliance with emergency regulations.
BACKGROUND / ANALYSIS
With more than 59% of the state experiencing extreme drought conditions, and with
the state in its third consecutive dry year, Californians efforts to use water wisely is
critical in protecting our precious water resource.
In response to the ongoing drought conditions, the Governor issued an executive order
in March 2022 calling for emergency water conservation directives statewide. The
regulation went into effect June 10, 2022 and will be in place for a year from the
effective date, unless it is further modified, readopted, or the order is lifted prior to the
expiration.
To comply with the emergency regulations, on June 8, 2022, the Board adopted
Resolution 2022.09 to implement Stage 2 of the District’s WSCP. The WSCP has been
updated to incorporate changes to the District’s Ordinance 403, both of which were
recommended for the Board of Directors approval. This resolution will implement Stage
2 of the District’s 2022 WSCP which maintains compliance with the emergency
regulations.
The following regulations continue to be in place under Stage 2:
Adoption and implementation of Stage 2 from the Water Shortage Contingency
Plan (WSCP), with the rollout of demand reduction actions under the plan.
Prohibition of the use of potable water to irrigate lawns not used for recreation
or other community purposes at commercial, industrial, and institutional sites.
Submittal to the Department of Water Resources a preliminary Supply and
Demand Assessment by June 1, 2022.
As with the previous adopted Stage 2 demand reduction actions, the District will
Agenda Item
#4c
July 27, 20222
Meeting Date: July 27, 2022
Agenda Item #4c
Public Hearing
maintain the approach of working together with the community on water efficiency
efforts through communicating regulatory requirements and share free resources to
assist customer efforts to use water efficiently
The District anticipates regulatory requirements will continue to change rapidly in the
coming months. Staff will provide updates and request additional policy actions as the
circumstances change. Through consistent monitoring and engagement on the drought,
District staff will provide support for the community and protect this precious resource.
AGENCY GOALS AND OBJECTIVES
II - Maintain a Commitment To Sustainability, Transparency, and Accountability
B. Utilize Effective Communication Methods
D. Provide Quality Information to Encourage Community Engagement
IV - Promote Planning, Maintenance and Preservation of District Resources
A. Develop Projects and Programs to Ensure Safe and Reliable Services
B. Enhance Planning Efforts that Respond to Future Demands
FISCAL IMPACT
There is no fiscal impact associated with this agenda item.
Recommended by: Respectfully submitted:
________________ ________________
John Mura Kelly Malloy
General Manager/CEO Director of Strategic Services
ATTACHMENTS
Ordinance 403
2022 Water Shortage Contingency Plan
Resolution 2022.13
Ordinance 403
5
0
1
ORDINANCE NO. 403
AN ORDINANCE OF THE EAST VALLEY WATER DISTRICT RESCINDING
ORDINANCE NO. 401 ENTITLED II AN ORDINANCE ESTABLISHING RULES AND
REGULATIONS FOR WATER SERVICE, ESTABLISHING A WATER DEPARTMENT,
PROVIDING FOR INSTALLATION AND CONNECTION TO DISTRICT WATER
MAINS, REGULATING CROSS-CONNECTION CONTROL 11•
Be it ordained by the Board of Directors of the East Valley Water District, as follows, that
Ordinance No. 401 is hereby rescinded, and this Ordinance 403 is enacted as follows:
SECTION 1. INDEX
Section 1 Index 1
Section 2 General Provisions 2
Section 3 Definitions 4
Section 4 Water Department 7
Section 5 General Rules 8
Section 6 Application for Water Service 14
Section 7 Temporary Service 19
Section 8 Fire Protection 20
Section 9 Cross-Connection Control 22
Section 10 Customer Billing Procedures 30
Section 11 Complaints and Disputed Bills 37
Section 12 Disconnection for Non-Payment 38
Section 13 Adding Delinquent Charges to Tax Roll 39
Section 14 Charges and Deposits 40
Section 15 Water Conservation 45
Section 16 Effective Date 56
Ordinance 403 2
SECTION 2. GENERAL PROVISIONS
2.01 Short Title - This Ordinance may be cited as the "East Valley Water District Water
Regulations and Service Ordinance".
2.02 Purpose - This Ordinance is intended to provide rules and regulations applicable
to the administration and operational activities of the District. This Ordinance may be amended
from time to time by action of the Board of Directors of the East Valley Water District.
2.03 Enabling Statutes - This Ordinance is adopted pursuant to the applicable
provisions of Division 12 of the Water Code and Division 5, Chapter 7, Title 5, Division 2 of the
Government Code, and further pursuant to the Constitution of the State of California. The District
is further authorized by Water Code Section 31027 to prescribe and define by Ordinance those
restrictions, prohibitions, and exclusions it may determine to be necessary pursuant to the
California Constitution Article X, Section 2 and Water Code Sections 31026 and 350 et seq. to
restrict the use of District water during threatened or existing water shortages. It is therefore the
intent of the Board of Directors to establish by this Ordinance those procedures and policies
necessary to the orderly administration of a water conservation program to prohibit waste and to
restrict the use of water during a water shortage or emergency.
2.04 Application - This Ordinance shall apply to all water facilities constructed,
maintained, and operated by the District.
2.05 Enterprise - The District will furnish and/or make available, a system, plant,
works, and undertaking used for and useful in, the delivery of water for the District's service area,
including all annexations thereto, lands, easements, rights in land, contract rights and franchises.
2.06 Separability - If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance or the application thereof to any person or circumstances are for any reason held to be
unconstitutional or invalid by any court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this Ordinance or the application of such provision to
other persons or circumstances. The governing body hereby declares that it would have passed this
Ordinance or any section, sub-section, sentence, clause or phrase hereof irrespective of the fact
Ordinance 403 3
that one or more sections, subsections, sentences, clauses or phrases be declared to be
unconstitutional.
2.07 Words and Phrases - For the purpose of this Ordinance all words used herein in
the present tense shall include the future; all words in the plural number shall include the singular
number; and all words in the singular number shall include the plural number.
2.08 Posting - Upon adoption, this Ordinance shall be entered in the minutes of the
governing body and certified copies hereof shall be posted in three (3) public places and/or
published in a newspaper of general circulation in the District service area within ten (10) days
following its passage.
2.09 Means of Enforcement - The District hereby declares that the procedures
contained herein are established as a means of enforcement of the terms and conditions of its
ordinances, rules and regulations and not as a penalty.
2.10 Notices - Whenever a notice is required to be given under this Ordinance, unless
different provisions are specifically made herein, such notice may be made either by personal
delivery thereof to the person to be notified or by deposit in the U.S. mail in a sealed envelope,
postage prepaid, addressed to such person at his last known business or residence address as the
name appears in public records or other records pertaining to the matter to which the notice is
directed. Service by mail shall be deemed to have been completed at the time of deposit in the post
office.
Proof of giving any notice may be made by the certificate of any officer or employee of the
District or by affidavit of any person over the age of eighteen years, which shows service in
conformity with the Ordinance or other provisions of law applicable to the subject matter
concerned.
2.11 Effect of Heading - The title, division or section headings contained in this
Ordinance shall not be deemed to govern, limit or modify in any manner the scope, meaning or
intent of any section or subsection of this Ordinance.
Ordinance 403 4
SECTION 3. DEFINITIONS
3.01 Applicant - Shall mean the person making application hereunder who must be
either (a) the owner of the subject premises, (b) the agent or customer authorized in writing to
make application hereunder on behalf of the owner of the subject premises or, (c) a licensed
plumber or contractor authorized in writing to make application hereunder for the subject premises.
3.02 Approved Backflow Prevention Assembly - A device deterring the
reversal of flow of water or mixtures of water and other liquids, gasses, and/or other substances
into the distribution pipes of the District's potable supply of water through any Cross-Connection.
Said device must have been investigated and approved for use as either an Air-gap separation,
Double Check Valve Assembly, or Reduced Pressure Principle Backflow Prevention Device by
the Foundation for Cross-Connection Control and Hydraulic Research of the University of
Southern California, or by any other laboratory having equivalent capabilities for both the
laboratory evaluation and field evaluation thereof.
3.03 Board - The Board of Directors of the East Valley Water District.
3.04 Commercial - Any service not covered by the residential description. This shall
include, but not be limited to, schools, dry cleaners, laundries, and businesses.
3.05 Connection - The pipeline and appurtenant facilities such as the curb stop, meter
and meter box, all used to extend water service from the main to the premises, the laying thereof
and the tapping of the main. Where services are divided at the curb or property line to serve several
customers, each such branch service shall be deemed a separate service.
3.06 Cost - The cost of labor, materials, transportation, supervision, engineering, and all
other necessary overhead expenses.
3.07 County - The County of San Bernardino, California.
3.08 Cross-Connection - An unprotected actual or potential connection between a
potable water system used to supply water for drinking purposes and any source or system
containing unapproved water or a substance that is not or cannot be approved a safe, wholesome
and potable. By-pass arrangements, jumper connections, removable sections, swivel or changeover
Ordinance 403 5
devices, or other devices through which backflow could occur, shall be considered to be cross-
connections.
3.09 Customer - Any person (as defined) supplied with, or entitled to be supplied with
water service by the District.
3.10 Customer's Service Valve - A valve independent of the District's facilities located
in the customer's piping as close to the meter as practicable, the operation of which will control
the entire water supply from the meter.
3.11 District - Shall mean the East Valley Water District, San Bernardino County,
California.
3.12 Director of Engineering and Operations - Shall be a Registered Civil Engineer
of the State of California.
3.13 Engineering Services - The Engineering services provided by the District shall
include technical and procedural guidance, professional consultant services, project coordination,
and plan checking.
3.14 Financial Officer - Shall be the Treasurer appointed by the Board of Directors.
3.15 Fire Hvdrant - Short-Side: The case where the water main and the hydrant are on
the same side of the street's centerline. Long-Side: The case where the water main and the hydrant are
on the opposite sides of the street's centerline.
3.16 General Manager - Shall mean the General Manager/Chief Executive Officer of
the District.
3.17 Governing Body - Shall mean the Board of Directors of the East Valley Water District.
3.18 Inspector - Shall mean the person who shall perform the work of inspecting water
facilities under the jurisdiction or control of the District.
3.19 Main - A water line in a street, highway, alley or easement used for public and private
fire protection and for the general distribution of water.
Ordinance 403 6
3.20 Owner - The person owning in fee title, or in whose name the legal title to the
property appears, by deed duly recorded in the County Recorder's office, or the person in
possession of the property or buildings under claim of, or exercising acts of ownership over the
same for himself or, as executor, administrator, guardian, or trustee of the owner.
3.21 Permit - Any written authorization required pursuant to this or any other regulation
of the District.
3.22 Person - Any human being, individual, firm, company, partnership, association and
private, public or municipal corporation, the United States of America, the State of California, a
district and any political subdivision, or governmental agency.
3.23 Premises - A lot or parcel of real property under one ownership, except where there
are well defined boundaries or partitions such as fences, hedges or other restrictions preventing the
common use of the property by several tenants, in which case each portion shall be deemed
separate premises. Apartment houses and office buildings may be classified as single premises.
3.24 Private Fire Protection Service - Water service and facilities for building
sprinkler systems, hydrants, hose reels and other facilities installed on private property for fire
protection and the water available therefor.
3.25 Public Fire Protection Service - The service and facilities of the entire water
supply, storage, and distribution system of the District, including the fire hydrants affixed thereto,
and the water available for fire protection, excepting house service connections and appurtenances
thereto.
3.26 Regular Water Service - Water service and facilities rendered for normal
domestic, commercial, and industrial purposes on a permanent basis, and the water available
therefor.
3.27 Residential - Any service with a building that serves as a single-family home,
duplex or triplex, apartments, co-operatives, or townhouses.
3.28 Secretary -The Secretary to the Governing Body.
Ordinance 403 7
3.29 Temporary Water Service - Water service and facilities rendered for construction
work and other uses of limited duration, and the water available therefor.
3.30 Waste - Any unreasonable method or non-beneficial use of water, including, but
not limited to, the specific uses prohibited and restricted by this Ordinance as hereinafter set forth.
3.31 Water Department- The Board of Directors of the District performing functions
related to the District's water service, together with the General Manager, the Director of
Engineering and Operations, the Financial Officer and any other duly authorized representative.
3.32 Water Supply Shortage - Any water shortage caused by drought or any other
threatened or existing water shortage, disaster or facility failure, earthquake, loss of electrical
power, pipeline breakage, or other condition which results in or threatens to result in the District's
inability to meet the water demands of its customers.
3.33 Water User - Any person, firm, partnership, association, corporation or political
entity using water obtained from the water system of the District.
3.34 Water - That water supplied by the East Valley Water District.
SECTION 4. WATER DEPARTMENT
4.01 Creation - A Water Department is hereby created comprised of the Directors, the
General Manager, the Financial Officer, and Director of Engineering and Operations and such
other employees and assistants as may be hired therefor.
4.02 General Manager - The General Manager, as provided for in the Water Code
Section 30580, shall have full charge and control of the maintenance , operation and construction of
the water works and water distribution system of the District.
4.03 Director of Engineering and Operations - The position of Director of Engineering
and Operations is hereby created. The Director of Engineering and Operations shall regularly
inspect all physical facilities related to the District water system, to see that they are in good repair
and proper working order, and to note and report violations of any ordinances or water regulations.
Ordinance 403 8
4.04 Violation, Repairs - The Director of Engineering and Operations shall promptly
report any violation or disrepair to the General Manager. If the work required is in the nature of an
emergency, he/she shall take whatever steps necessary to maintain service to the consumers
pending action by the General Manager.
4.05 Supervision - The Director of Engineering and Operations shall supervise all repair or
construction work authorized by the Board or General Manager and perform any other duties
prescribed by the Board or General Manager.
4.06 Performance of Duties - The foregoing duties of the Director of Engineering and
Operations may be performed by the General Manager or by an additional employee or employees
as designated by the Director of Engineering and Operations and/or General Manager.
4.07 The Financial Officer - The Financial Officer shall install and maintain a system of
auditing and accounting that shall completely and at all times show the financial condition of the
District. Furthermore the Financial Officer shall compute, prepare, and mail bills as hereinafter
prescribed, make and deposit collections, maintain proper books of account, collect, account for,
refund deposits, and do whatever else is necessary or directed by the General Manager to set up
and maintain an efficient and economical accounting system and perform any other duties now
and hereafter prescribed by the Board of Directors.
SECTION 5. GENERAL RULES
5.01 Standards - The Governing Body may, from time to time, adopt standard
requirements for the design, construction, repair and maintenance, or connection to the District's
water system.
5.02 Violation Unlawful - Following the effective date of this Ordinance, it shall be
unlawful for any person to connect to, construct, install, provide, maintain or use any other means
of water facilities from any building in the area serviced with water by said District except by
connection to water facilities in the manner as provided for in this Ordinance. Any violation of this
Ordinance will be subject to the provisions of this Section at the discretion of the General Manager,
Financial Officer, or Director of Engineering and Operations.
Ordinance 403 9
5.03 Notice - Wherever, and whenever, practicable under the particular circumstances
of the situation, and pursuant to the discretion of the General Manager, Financial Officer, or
Director of Engineering and Operations, any person found to be violating any provisions of this or any
other ordinance, resolution, rule or regulation of the District shall be served by the Inspector or
other authorized person with written notice stating the nature of the violation and providing a
reasonable time limit for the satisfactory correction thereof. Said time limit shall be not less than
two, nor more than seven working days. The offender shall, within the period of time stated in such
notice, permanently cease all violations. All persons shall be held strictly responsible for any and all
acts of agents or employees done under the provisions of this Ordinance or any other rule or
regulation of the District.
5.04 Protection from Damage - No person shall maliciously, willfully, or negligently
break, damage, destroy, uncover, deface, or tamper with any structure, appurtenances, or
equipment which is a part of the District's water works. Any person violating this provision shall
be subject to the penalties provided by law.
5.05 Investigation Powers - The officers, inspectors, managers, and any duly
authorized employees or agents of the District shall carry evidence establishing their position as
an authorized representative of the District and, upon exhibiting the proper credentials and
identification, shall be permitted to enter in and upon any and all buildings, industrial facilities and
properties to which the District is furnishing water, or has been requested to furnish water for the
purpose of inspection, re-inspection, observation, measurement, sampling, testing or otherwise
performing such duties as may be necessary in the enforcement of the provisions of the ordinances,
resolutions, rules and regulations of the District pursuant to the authorization contained in the
required application for water service.
5.06 Non-Compliance with Regulations - As an alternative method of enforcing the
provisions of this or any ordinance, resolution, rule or regulation of the District, the District shall
have the power to disconnect the user or subdivision water service from the water mains of the
District.
Ordinance 403
5.07 Liability for Violation - Any person violating any of the prov1s1ons of the
ordinances, rules or regulations of the District shall become liable to the District for any expense,
loss or damage, occasioned by the District by reason of such violation.
5.08 Relief on Application - When any person, by reason of special circumstances, is of
the opinion that any provision of the ordinances, rules or regulations of the District is unjust or
inequitable as applied to his/her premises, that person may make written application to the
Governing Body stating the special circumstances, citing the provision complained of and
requesting suspension or modification of that provision as applied to his/her premises. If such
application is approved, the Governing Body may, by resolution, suspend or modify the provision
complained of, as applied to such person or premises, to be effective as of the date of the
application and continuing during the period of the special circumstances.
5.09 Relief on Own Motion - The Governing Body may, on its own motion, find that
by reason of special circumstances, any provisions of its ordinances, rules or regulations should
be suspended or modified as applied to a particular person or premises and may, by resolution,
order such suspension or modification for such premise or person during the period of such special
circumstances or any part thereof.
5.10 Maintenance of Water Pressure and Pressure Conditions - The Board shall not
accept any responsibility for the maintenance of pressure and it reserves the right to discontinue
service while making emergency repairs, or other work required on the water system as determined
by the General Manager and/or the Director of Engineering and Operations. Consumers dependent upon
a continuous supply of water should provide emergency storage. All applicants for service
connections or water service shall be required to accept such conditions of pressure and service as
are provided by the distribution system at the location of the proposed service connection, and to
hold the District harmless for any damages arising out of low pressure or high-pressure conditions
or interruptions of service.
5.11 Tampering with District Proper tv - Except as otherwise specifically authorized by
the General Manager, no one, except an employee or representative of the District shall at any
Ordinance 403 11
time, in any manner, operate the curb stops or valves, gates or valves of the District's system or
interfere with meters or their connections, street mains or other parts of the water system.
5.12 Remedies for Violation - Failure of a customer to comply with any part of this
Ordinance, or any other ordinance, resolution, rule, or regulation of the District , shall result in the
District's discontinuance and/or refusal to provide water service to said customer's premises and in
the exercise by the District in its lawful discretion of any and all other rights and remedies that are
available to the District under the law.
5.13 Water System - The District will furnish a system, plant, works and undertakings
used for and useful in obtaining, conserving and disposing of water for public and private uses,
including all parts of the Enterprise, all appurtenances to it, lands, easements, rights in land, water
rights, contract rights, franchises, and other water supply, storage and distribution facilities and
equipment.
5.14 Number of Services per Premises -The applicant may apply for as many services
as may be reasonably required for their premises provided that the pipeline system for each service
be independent of the others and that they not be interconnected.
5.15 Water Waste - No customer shall knowingly permit leaks or waste of water. Where
water is wastefully or negligently used on a customer's premises, seriously affecting the general
service, the District may discontinue the service if such conditions are not corrected after giving
notice of violation as provided in Section 5.03 herein.
5.16 Responsibility for Equipment on Customer Premises - All facilities installed by
the District on private property for the purpose of rendering water service shall remain the property of
the District and may be maintained, repaired, or replaced by the Water Department without consent
or interference of the owner or occupant of the property. The property owner shall use reasonable
care in the protection of the facilities.
5.17 Damage to Water Facilities - The customer shall be liable for any damage to the
service facilities when such damage is from causes originating on the premises by an act of the
customer or his tenants, agents, employees, contractors, licensees, or permittees, including the
Ordinance 403 12
breaking or destruction of locks by the customer or others on, or near, a meter, and any damage to
a meter that may result from hot water or steam from a boiler, or heater, on the customer's premises.
The District shall be promptly reimbursed for any such damage upon presentation of a bill to the
customer.
5.18 Ground Wire Attachments - All individuals or business organizations are
forbidden to attach any ground wire, or wires, to any plumbing which is, or may be, connected to
a service connection or main belonging to the District. The District will hold the customer liable
for any damage to its property occasioned by such ground wire attachments.
5.19 Control Valve on Customer Property - The customer shall provide a valve on
his/her side of the service installation as close to the meter location as practicable to control the
flow of water to the piping on his/her premises. The customer shall not use the service curb stop
to tum water on and off for his/her convenience.
5.20 Unsafe Apparatus - Water service may be refused or discontinued to any premises
where apparatus or appliances are in use which might endanger or disturb the service to other
customers.
5.21 Cross-Connections - Water service may be refused or discontinued to any
premises where there exists a cross-connection as defined in Section 9 of this Ordinance.
5.22 Fraud or Abuse - Service may be discontinued, if necessary, to protect the District
against fraud or abuse.
5.23 Interruption in Service - The District shall not be liable for damage which may result
from an interruption in service from a cause beyond the control of the Water Department.
5.24 Ingress and Egress - All duly authorized employees, agents, and representatives of
the District shall have the right of ingress and egress to the customer's premises at reasonable hours
for any purpose reasonably connected with the furnishing of water service.
5.25 Installation of Services - Only duly authorized employees, agents, and
representatives of the District shall install service connections to the District's water system. All
service connections shall comply with the specifications of the District. Meters will be installed in
13Ordinance 403
the public right of way, or within an acceptable easement, and shall be owned by the District. No
rent or other charge will be paid by the District for a meter or other facilities, including
connections. All meters will be sealed by the District at the time of installation and no seal shall
be altered or broken except by one of the District's authorized employees or agents.
5.26 Change in Location of Meters - Meters moved for the convenience of the
customer will be relocated at the customer's expense. Meters moved to protect the District's
property will be moved at District expense.
5.27 Size and Location - The District reserves the right to determine the size of service
connections and their location with respect to the boundaries of the premises to be served. Service
installations will be made only to property abutting on distribution mains as have been constructed in
public streets, alleys or easements or to extensions thereof as herein provided. Services installed in
new subdivisions prior to the construction of streets, in advance of street improvements, must be
accepted by the applicant in the installed location.
5.28 Curb Stop - Each service connection installed by the District shall be equipped
with a curb stop, or wheel valve, on the inlet side of the meter. Such valve, or curb stop, is intended for
the exclusive use of the District in controlling the water supply through the service connection pipe.
If the curb stop, or wheel valve, is damaged by the customer's use to an extent requiring
replacement, such replacement shall be at the customer's expense.
5.29 Access to Meters - The District reserves the right to enter upon the applicant's
premises for the purpose of reading, repairing, or replacing the water service meter. The applicant
shall be solely responsible for the control of all animals which may pose a potential threat to
District employees and shall be liable for any injury to District employees resulting from
unrestrained animals. Should an applicant for new service fail to properly restrain animals present
on his property, the District may, upon written notice, refuse to install or tum on service until such time
as the District determines that a threat to its employees no longer exists. When there is an ostensive
risk to employees at an established service due to the presence of unrestrained animal(s) or other
hazard(s), the employee will not be required to read the meter, etc. The customer will be
14Ordinance 403
notified of the situation and the bill will be estimated based upon an average of the most recently
recorded six (6) month's consumption until a personal risk by the District's employee is no longer
an issue. Upon verification that the premises no longer appear to be a threat to the safety of the
employee, the meter will be read in the presence of the customer, or someone of his/her choosing,
and the billing will be adjusted accordingly.
SECTION 6. APPLICATION FOR WATER SERVICE
6.01 Application for Water Service -A property owner or his/her agent, designated in
writing, shall make application for regular water service by personally signing a Service
Agreement provided by the District and paying the required fees. The property owner will remain
the primary account holder, or Customer of Record, with respect to District services for as long as they
own the property.
6.02 Water Service to Customers other than Property Owners - Water Service to other
than property owners shall be made as follows:
6.02.01 Additional Customer of Record - If the Property owner rents the
premises to a tenant, the tenant may have water and other services instituted in their name by
completing an Owner Authorized Billing Agreement. The tenant and owner must both sign the
agreement and the District must be provided with a copy of an active rental agreement. In any
event, the tenant must provide the District with the property owner's name, mailing address, and
telephone number.
6.02.02 Owner Responsibility - Whether or not a property owner signs the
District's Owner Authorized Billing Agreement form, the property owner is not relieved of his or
her responsibility for unpaid water charges for the subject property as provided in this ordinance
and pursuant to California Water Code Section 31701.5, et.seq.
6.03 Pavment of Delinquent Charges - As a precondition to receiving water service
from the District, the applicant for service shall pay any and all unpaid charges that have accrued
on any closed accounts previously held by the applicant with the District as well as pay any and
15Ordinance 403
all delinquent charges that have accrued on any open accounts currently held by the applicant with the
District.
6.04 Security Deposit - A security deposit for each residential, commercial or retail unit
shall be deposited at the time application for service is made. The District may, at its sole election,
include the required security deposit on the customer's first billing invoice.
6.04.01 Single-Family Residential Exception - The security deposit for a
single-family residential unit may not be required if the person requesting service is a new
residential applicant who is determined by the District to be creditworthy. The determination of an
applicant's creditworthiness shall be based solely upon criteria developed by the District and may
be appealed in the manner set forth in Section 11 herein. However, during the life of the account,
the District may, in its sole discretion, require any customer, regardless of whether he or she was
previously found to be creditworthy, to post a full security deposit with the District any time there
are three (3) delinquencies within any consecutive six (6) month period, or as a precondition to
reinstatement of service anytime after being disconnected for non-payment.
6.04.02 Security Deposit Refund - Refunds of security deposits will be
performed in the manner set forth below. Such refunds will be credited to any account held by the
customer with the District in lieu of a refund check. Interest on the security deposits shall remain
the sole property of the District and will not be included in any refund.
6.04.02.01 Residential - The District shall refund each security
deposit to a residential customer as follows:
a.Where single-family residential funds have been on deposit for one
year in a customer's account, and there have been no delinquency payments on any of the
customer's accounts with the District during that year, the customer may request a refund of the
full deposit. However, the District may, at its sole option, require any customer to post a full
security deposit with the District any time there are three (3) delinquencies within any consecutive six
(6) month period, or as a precondition to reinstatement of service anytime after being locked off
for non-payment.
16Ordinance 403
b.Where multi-family residential customer deposits have been on
deposit for one year in a customer's account and there has been no delinquency payment on any of
the customer's accounts with the District during that year and upon the customer's request, one- half
of the deposit will be refunded to the customer by means of a credit on the account. However, if the
customer is delinquent on any payment thereafter, the District may, at its sole option, charge back the
credited amount.
c.Within thirty (30) days after the applicant provides written notice to
terminate water services, or when a new property owner tenders a full deposit for the same property, in
which case the refunded deposit shall first be applied toward the unpaid balances in any account held
by the customer with the District before the remaining sum, if any, is refunded to the customer.
6.04.02.02 Non-Residential - The District shall refund the security
deposit for commercial, retail, industrial, fire service and irrigation connections as follows:
a.Where funds have been on deposit for one year in a customer's
account and there has been no delinquency payment on any of the customer's accounts with the
District during that year and upon the customer's request, one-half of the deposit will be refunded
to the customer by means of a credit on the account. However, if the customer is delinquent on
any payment thereafter, the District may, at its sole option, charge back the credited amount.
b.Within thirty (30) days after the applicant provides written notice to
terminate water services, or when a new property owner tenders a full deposit for the same
property, in which case the refunded deposit shall first be applied toward the unpaid balances in
any account held by the customer with the District before the remaining sum is refunded to the
customer.
6.05 Change in Customer's Equipment - Customers who make any material change in
the size, character of, extent of the equipment or operations utilizing water service, or whose change
in operations results in a significant increase in the use of water shall immediately give the District
written notice of the nature of the change and, if necessary, amend their application.
17Ordinance 403
6.06 Domestic, Commercial and Industrial Service Connections - It shall be unlawful
to maintain a connection excepting in conformity with the following:
6.06.01 Multiple Building - Multiple houses or buildings under one ownership
and on the same lot or parcel of land may be supplied through the same service connection,
provided that the service connection shall be of such size to adequately serve said houses or
buildings.
6.06.02 Single-Service Connection - Not more than one service connection for
domestic or commercial supply shall be installed for one building, except when authorized by the
District.
6.06.03 Separate Service Connection - A service connection shall not be used to
supply any adjoining property, or property across a street, alley, or easement. Each service
connection shall serve only one property or individual parcel.
6.06.04 Divided Property - When property provided with a service connection is
divided, the service connection shall be considered as belonging to the lot or parcel of land which it
directly enters.
6.07 Service Connection Maintenance - The service connection extending from the water
main to the meter, meter box, curb stop, wheel valve, or coupling shall be maintained by the District.
All pipes and fixtures extending or laying beyond the meter coupling shall be installed and
maintained by the owner of the property.
6.08 Damage through Leaking Pipes and Fixtures - When requested to turn on the
water supply to a house or property, the District will make a reasonable attempt to ascertain if
water is running on the inside of the building. If such is found to be the case, the water will be left
shut off at the curb stop or the private shutoff. The District's jurisdiction and responsibility ends at
the customer's connection to the meter. The Board will in no case be liable for damages occasioned by
water running from open or faulty fixtures, or from broken or damaged pipes beyond the meter.
18Ordinance 403
6.09 Damage to Meters - The District reserves the right to set and maintain a meter on
any service connection. The water customer shall be held liable for any damage to the meter due
to customer's negligence or carelessness.
6.10 Main Extension Required - The District may provide for all main extensions
upon application for service and payment of required charges. Customer may elect to extend mains
according to agreements between the customer and the District providing the work meets District
standards.
6.10.01 Application - Any owner of one or more lots, parcels, or a sub-divider
of a tract of land desiring the extension of one or more water mains to serve such property, shall
make written application therefor to the District. Said application shall contain the legal description of
the property to be served, tract number, and any additional information which may be required by
the District and shall be accompanied by a map showing the location of the proposed connections.
6.10.02 Investigation - Upon receipt of the application requesting the District to
install facilities, the District shall make an investigation and survey of the proposed extension and
estimate the cost thereof.
6.10.03 Dead-End Lines - No dead-end lines shall be permitted, except at the
discretion of the General Manager, and in cases where circulation lines are necessary, they shall
be designed and installed by the District as part of the main extension.
6.10.04 Specifications and Construction - The size, type and quality of materials
and location of the lines shall be specified and approved by the District.
6.10.05 Property of the District - Upon completion of such installation as
approved by the District, the facilities shall be dedicated to and become property of the District.
6.10.06 Connections - The applicant shall, at his cost, provide all connections
to buildings and private water systems, as herein provided.
19Ordinance 403
SECTION 7. TEMPORARY SERVICE
7.01 Duration of Service - Temporary service connections shall be disconnected and
terminated within six months after installation unless an extension of time is granted in writing by
the General Manager, Financial Officer, or Director of Engineering and Operations.
7.02 Security Deposit - The applicant shall deposit, in advance, the estimated cost of
the temporary service. Upon discontinuance of service, the actual cost shall be determined, and an
adjustment made as an additional charge, refund or credit.
7.03 Installation and Operation - All facilities for the temporary service to the
customer shall be made and operated in accordance with District instructions. The District may,
at its discretion, restrict or terminate the service at any time.
7.04 Responsibility for Meters and Installations - The customer shall use all possible
care to prevent damage to the meter, or to any other loaned facilities of the District, which are
involved in furnishing the temporary service from the time they are installed until they are
removed. If the meter or other facilities are damaged, the cost of making repairs shall be paid by
the customer. The customer shall give notice to the District in writing at least forty eight (48) hours
prior to the time the customer or other person is through with the meter, or meters, and the
installation.
7.05 Supply from Fire Hydrant - An applicant for temporary use of water from a fire
hydrant must apply for a temporary water service and pay a hydrant meter deposit. The applicant
shall also pay for water used in accordance with the meter readings, at the rates prescribed by the
Board.
7.06 Unauthorized Use of Hy drants - Tampering with any fire hydrant for the
unauthorized use of water therefrom or for any other purpose is subject to a fine, per occurrence,
as may be set by the Board.
7.07 Meter Availability - As prescribed by the District, the applicant shall make the
hydrant meter available for reading on a monthly basis for actual water usage. If the hydrant meter
is not available for the monthly reading as prescribed by the District, a supplementary fee of $100
20Ordinance 403
will be charged for each month the meter is not read to cover the expense required for corrections
to billing records.
7.08 Pools and Tanks- When an abnormally large quantity of water is desired for filling
a swimming pool or for other purposes, arrangements must be made with the District prior to
taking such water. Permission to take water in unusual quantities will be given only if it can be
safely delivered through the District's facilities and if other consumers are not inconvenienced
thereby.
7.09 Responsibility for Equipment - The customer shall, at his own risk and expense,
furnish, install and keep in good and safe condition all equipment that may be required for
receiving, controlling, applying and utilizing water, and the District shall not be responsible for
any loss or damage caused by the improper installation of such equipment, or the negligence or
wrongful act of the customer or any of his tenants, agents, employees, contractors, licensees or
permitees in installing, maintaining, operating or interfering with such equipment. The District
shall not be responsible for damage to property caused by faucets, valves and other equipment
which are open when water is turned on at the meter, either originally or after a temporary
shutdown.
SECTION 8. FIRE PROTECTION
8.01 Public Fire Protection - The following pertains to the use of District facilities for
public fire protection:
8.01.01 Use of Fire Hydrants - Fire Hydrants are for use by the District or by
organized fire protection agencies pursuant to contract with the District. Other parties desiring to
use fire hydrants for any purpose must obtain prior written permission from the Water Department and
shall operate the hydrant in accordance with instructions issued by the Water Department.
Unauthorized use of hydrants will be prosecuted according to law.
8.01.02 Moving of Fire Hydrants - When a fire hydrant has been installed in the
location specified by the proper authority, the District has fulfilled its obligation. If a property owner
or other party desires a change in the size, type, or location of the hydrant, they shall bear
21Ordinance 403
all costs of such changes without refund. Any change in the location of a fire hydrant must be
approved by the proper authority.
8.02 Private Fire Protection Service - The following pertains to the use of District
facilities for private fire protection systems:
8.02.01 Payment of Cost - The applicant for private fire protection service shall
pay the total actual cost of installation of the service from the distribution main to the service
location including the cost of a detector check meter or other suitable and equivalent device, valve
and meter box, said installation will become the property of the District.
8.02.02 No Connection to Other Systems - Unless authorized and under
special circumstances, there shall be no connection between the fire protection system and any
other water distribution system on the premises.
8.02.03 Use - There shall be no water used through the fire protection service
except to extinguish fires and for testing the fire fighting equipment.
8.02.04 Charges for Water Used - Any consumption recorded on the meter
will be charged as provided in District Resolutions, except that no charge will be made for water
used to extinguish fires reported to the fire department.
8.02.05 Month) Rates - The monthly rates for private fire protection shall be
established by Resolution of the Board of Directors.
8.02.06 Water for Fire Storage Tanks - Occasionally water may be obtained
from a private fire service for filling a tank connected with the fire service, but only if written
permission is secured in advance from the District and an approved means of measurement is
available.
8.02.07 Violation of Agreement- If water is used from a private fire service in
violation of the agreement or this Ordinance, the District may, at its option, discontinue and remove
the service.
22Ordinance 403
8.02.08 Valve - When a fire service connection is installed, the valve governing
same will be closed and sealed and remain so until a written order is received from the owner of
the premises to have the water turned on.
8.02.09 Meter - If the District does not require a meter, and if water is used
through a fire service connection for any other purpose than extinguishing fires, the District shall
have the right to place a meter on the fire service connection at the owner's expense and assess the
appropriate capacity fees, or shut-off the entire water supply from such premises.
8.02.10 Additional Service - The District shall have the right to take a domestic,
commercial, or industrial service connection from the fire service connection at the curb to supply the
same premises as those to which the fire service connection belongs. The Board shall also have the
right to determine the proportion of the installation costs properly chargeable to each service
connection, if such segregation of costs shall become necessary.
8.02.11 Check Valve - The Board reserves the right to install on all fire service
connections a check valve of a type approved by the National Board of Fire Underwriters and to
equip the same with a by-pass meter at the expense of the owner of the property.
SECTION 9. CROSS-CONNECTION CONTROL
9.01 Purpose - The purpose and intent of this Section:
a.To comply with the requirements imposed upon the District pursuant to
Sections 7583-7605 of the California Code of Regulations ("Title 17'') and all other applicable
regulations regarding Cross-Connection Control.
b.To protect the public potable water supply of this District from the possibility
of contamination or pollution by isolating within the customer's internal distribution system(s), or the
customer's private water system(s), such contaminants or pollutants which could backflow into the
District's public water system(s); and
c.To promote the elimination or control of existing cross-connections, actual or
potential, between the customer's potable water system(s) and non-potable water system(s),
plumbing fixtures and industrial systems; and
23Ordinance 403
d.To provide for the maintenance of a continuing Cross-Connection Control
Program which will systematically and effectively minimize the potential for contamination or
pollution of the potable water system.
9.02 Application - The provisions of Title 17 and all other regulations regarding Cross-
Connections that are adopted by the State of California Department of Health Services pursuant to
California Water Code Sections 100205, 100275, and 116375(c), all as the same may be amended
from time to time, are hereby adopted by the District, incorporated herein by this reference, and
made a part hereof as though set forth in full.
9.03 Definitions - In addition to the definitions in Title 17, the following terms are
defined for the purpose of this chapter:
9.03.01 Approved Water Supply - The term "Approved Water Supply" shall
mean a water supply whose potability is regulated by the Department of Health Services.
9.03.02 Auxiliary Water Supply - Any water supply, other than the District's,
which is either on or available to the property will be considered as an auxiliary water supply.
These auxiliary waters may include water from another public potable water supply or from any
natural source(s) such as a well, river, stream or used water. These waters may be contaminated,
polluted or constitute an unacceptable water source over which the District does not have sanitary
control.
9.03.03 Backflow - The term "backflow" shall mean the undesirable reversal of
flow of water or mixtures of water and other liquids, gasses, or substances into the distribution
pipes of the District's potable supply of water from any source or sources.
9.03.04 Backpressure - The term "backpressure" shall mean any elevation of
pressure in the downstream piping system above the supply pressure at the point of consideration
which would cause, or tend to cause, a reversal of the normal direction of flow.
9.03.05 Backsiphonage - The term "backsiphonage" shall mean a form of
backflow due to a reduction in system pressure which causes a sub-atmospheric pressure to exist
at a point in the water system.
24Ordinance 403
9.03.06 Backflow Preventer - An assembly or means designed to prevent a
reverse flow condition created by a difference in water pressures.
9.03.07 Backflow Prevention Devices - The actual types of devices that may
be required and are acceptable for use in the District are as follows:
a.Air Gap - The term "Air Gap" shall mean a physical separation between the free
flowing discharge end of a potable water supply pipeline and an open or non-pressure receiving
vessel.
b.Reduced Pressure Principle Backflow Prevention (RPP) Assembly - The
term "RPP Assembly " shall mean an assembly containing two independently acting approved check
valves together with a hydraulically operating, mechanically independent, pressure differential
relief valve located between the check valves. The unit shall include properly located resilient
seated test cocks and tightly closing resilient seated shutoff valves at each end of the assembly.
c.Double Check Valve Backflow Prevention (DC) Assembly - The term "DC
Assembly" shall mean an assembly composed of two independently acting approved check valves
including tightly closing resilient seated shutoff valves attached at each end of the assembly and
fitted with properly located resilient seated test cocks.
9.03.08 Contamination - The term "contamination" shall mean an Impairment of
the quality of the water which creates an actual hazard to the public health through poisoning or
through the spread of disease by bacteria, virus, sewage, industrial fluids , or other toxic substances.
9.03.09 Controlled Cross-Connections - A connection between a potable and
non-potable water system with an approved backflow prevention assembly properly installed and
maintained so that it will continuously afford the proper protection.
9.03.10 ' Cross-Connection Control by Containment - The term "cross-
connection control by containment (service protection)" shall mean the appropriate type or method of
backflow protection at the service connection.
25Ordinance 403
9.03.11 Degree of Hazard - The term "degree of hazard" shall mean either a
contamination (health), plumbing, pollutional (non-health) or system hazard. Listed in order of
severity, each is defined as follows:
a.Health Hazard - The term "health hazard" shall mean an actual or potential
threat of contamination of a physical or toxic nature to the District's water system or the consumer's
potable water system that would be a danger to health.
b.Plumbing Hazard - The term "plumbing hazard" shall mean an internal or
plumbing type cross-connection in a consumer's potable water system that may be either a
pollutional or contamination type hazard. This includes, but is not limited to, cross-connections to
toilets, sinks, lavatories, wash basins, swimming pool plumbing systems, and lawn sprinkler
systems. If permitted to exist, "plumbing hazard" must be properly protected by an appropriate
type of backflow prevention assembly.
c.Pollutional Hazard - The term "pollutional hazard" shall mean the actual, or
potential, threat to the physical properties of the water system or the potability of the system but
which would not constitute a health or system hazard, as defined. The potable water system would
be degraded, depending on the degree or intensity of pollution, to the point where it becomes a
nuisance, aesthetically objectionable, or cause minor damage to the system or its appurtenances.
d.System Hazard - The term "system hazard" shall mean an actual, or potential,
threat of severe danger to the physical properties of the District's or consumer's potable water
system which could have a delayed effect on the quality of the potable water in the system.
9.03.12 Industrial Fluids - The term "industrial fluids" shall mean any fluid or
solution which may be chemically, biologically, or otherwise contaminated or po1luted in a form
or concentration which would constitute a health, system, pollutional, or plumbing hazard if
introduced into an approved water supply system.
9.03.13 Pollution - The term "pollution" shall mean an impairment of the quality
of the water to a degree which does not create a hazard to the public's health, but which does
adversely affect the aesthetic qualities of such waters for domestic work.
26Ordinance 403
9.03.14 Potential - The term "potential" shall mean something perceived that
can develop into or become actual.
9.03.15 Service Connection - The term "service connection" shall mean the
downstream end of the water meter. This is the point of delivery to the customer's water system
where the District loses jurisdiction and sanitary control of the water.
9.03.16 Potable Water - The term "potable water" shall mean any
public/private water supply that has been investigated and approved for human consumption.
9.03.17 Non-Potable Water - The term "non-potable water" shall mean a water
supply that has not been approved for human consumption.
9.03.18 Used Water - The term "used water" shall mean any water supplied by the
District from a public potable water system to a customer's water system after it has passed through
the service connection and is no longer under the control of the District.
9.04 Determination - The District shall conduct surveys to identify Water User
Premises where Cross-Connections are likely to occur and evaluate the degree to potential health
hazard to the Water which may be created as a result of conditions existing on a Water User's
Premises. At a minimum, the evaluation shall consider the factors identified in Section 7585 of the
California Code of Regulations. However, notwithstanding anything herein to the contrary, the
District shall not be legally responsible for the abatement of any Cross-Connection which may be
found to exist within a Water User's Premises.
9.05 Notice - Upon determination by the District that a Cross-Connection exists within
the scope of this Section, the District shall give written notice to the affected Customer to install
an Approved Backflow Prevention Assembly of a type and quality, and at a specific location,
deemed appropriate by the District. The Customer shall immediately cause such device to be
installed at his or her expense, and in the manner prescribed by the District, which thirty (30) days of
the issuance of said notice.
9.06 Installation - The location of any Approved Backflow Prevention Assembly
installed pursuant to this Section shall be at the Customer's point of connection to the District's
27Ordinance 403
Water, or within the Customer's Premises, or both, as determined by the District in the exercise of
its discretion. If an approved Backflow Prevention Assembly is required on the Customer's
connection to the District's Water, it shall be located at or near the property line of the Premises or
immediately outside the building being served, but, in all cases, at a place deemed acceptable to
the District that is before the first branch line leading off the service line.
9.06.01 Typical Installations - Conditions where an approved backflow
prevention assembly is required on each service connection shall include, but not be limited to, the
following:
a.In the case of any property having an auxiliary water supply, or one that is being
fed by another outside water source, the public water system shall be protected against backflow
from the premises by installing an approved Air Gap or RPP device.
b.In the case of any property on which toxic chemicals, pollutants, industrial
fluids, or any other objectionable substances are handled, or stored, in such a fashion as to create
an actual or potential hazard to the District's system, the public water system shall be protected
against backflow from the premises by installing an approved Air Gap or RPP device.
c.In the case of any property having internal cross-connections that cannot be
permanently corrected or protected against, or intricate plumbing and piping arrangements or
where entry to all portions of the premises is not readily accessible for inspection purposes, making it
impracticable or impossible to ascertain whether or not dangerous cross-connections exist. The
public water system shall be protected against backflow from the property by installing an
approved RPP device.
d.In the case of any property being served by two or more water services, water
and fire services, water and irrigation services, or any combination thereof, the public water system
shall be protected against backflow from the premises by installing an approved RPP device on
each service connection.
e.In the case of any property having solar heating systems of a heat ex-changer
type that utilizes a recirculating pump, air conditioning units with chemical injection pots, or coolers
28Ordinance 403
with recirculating pumps, the public water system shall be protected against backflow from the
premises by installing an approved RPP device.
f.In the case of any agricultural property, dairy, poultry farm, or any other farm,
or hobby-type operation, where fecal bacteria have the potential to contaminate the water supply, or
operations injecting chemicals into the on-site water lines, the public water system shall be
protected against backflow from the property by installing, at a minimum, an approved RPP
device.
g.In the case of any property on which there is water or a substance that would be
objectionable but not hazardous to health if introduced into the public water system, the public
water system shall be protected against backflow from the premises by installing an approved
double check valve.
h.In the case of any single-family or multi-family residential property where
known health hazards exist, the public water system shall be protected against backflow from the
premises by installing an approved RPP device.
9.06.02 Typical Facilities - Typical facilities where the District requires the
installation of approved backflow prevention assemblies:
Apartments - 8 or more units
Bottling Plants
Buildings - Commercial, Industrial
Buildings - Hotels, Motels
Buildings - Multi-Storied (three or more floor levels)
Car Wash Facilities
Cleaners
Commercial Buildings
Cooling Towers
Fire Systems (not interconnected, interconnected)
Hospitals - Medical Buildings, Mortuaries, Autopsy
-RPP
-RPP
-RPP
-RPP
-RPP
-RPP
-RPP
-RPP
-RPP
-RPP, DC
29Ordinance 403
Facilities, Nursing and Convalescent Homes, and Clinics
Irrigation Systems - Premises having separate systems:
Parks, Playgrounds, Cemeteries, Golf Courses, Schools,
Estates, and Ranches
Laundries and Dye Works
Mobile Home Parks
Multiple Rental Buildings - that are master metered
Plating Plants
Sand and Gravel Plants
Schools
Sewage Lift Stations
Sewage Treatment Plants
Sprinkling Systems (chemically entrained)
Steam Facilities
Public Swimming Pools, and Pools at Apartments,
Condominiums, Home Owner Associations, City Parks,
and Trailer Parks
-RPP
-RPP
-RPP
-RPP
-RPP
-RPP
-RPP
-RPP
-RPP
-AG, RPP
-RPP
-RPP
-RPP
9.07 Inspection, Testing, and Maintenance - The Customer shall cause a field test to be
performed by a licensed plumbing contractor certified to test and repair Approved Backflow
Prevention Assemblies at the time of installation and at least once per year thereafter. In those
instances, deemed necessary by the District, testing of Approved Backflow Prevention Assemblies may
be required at more frequent intervals. In the event that an Approved Backflow Prevention
Assembly is found to be defective, the Customer shall cause the necessary repairs and/or
replacement thereof to be made. The Customer shall have an acceptance test performed after such
repair and/or replacement to ensure proper operation of the Approved Backflow Prevention
Assembly. All costs associated with the inspection, testing, repair, and maintenance of Approved
Backflow Prevention Assemblies shall be borne by the Customer. The results of each test and
30Ordinance 403
records of all inspection, replacement, and repairs performed on an Approved Backflow
Prevention Assembly by the Customer shall be maintained by the Customer and reported to the
District in a manner deemed acceptable to the District.
9.08 Enforcement - The District may discontinue or refuse to supply water and/ or sewer
service to any Premises that is not in strict compliance with the terms of this Section, or if it is
found that an Approved Backflow Prevention Device has been removed or bypassed, or if
unprotected Cross-Connections otherwise exist on the Premises. The District may also disconnect water
and/or sewer service to any Premises if the health and safety of any Person is immediately
threatened by a Cross- Connection. The District may refuse to restore such service to the Premises until
the Cross-Connection is remedied and an Approved Backflow Prevention Device is installed and
operated in accordance with this Section.
9.09 Administration - The District shall appoint at least one (I) person trained in Cross-
Connection control to administer the provisions of this Section.
SECTION 10. CUSTOMER BILLING PROCEDURES
10.01 Establish Rates and Charges - The Board of Directors shall from time to time
establish rates and charges for water and other service provided by the East Valley Water District
by Resolution.
10.02 Charges - Water charges shall commence when a water service connection is
installed and the meter is set. The customer requesting service and whose name is on the water
service account will be responsible for all water charges incurred by such service. The District
may transfer to the account, any delinquent and/or unpaid charges from other closed or open
accounts which are held by the customer and/or property owner within the District.
10.03 Tiered Water Use - The District charges a commodity charge for potable water
use in three separate pricing tiers. Tier 1 is an allocation for indoor water use. Tier 2 is an allocation
for efficient outdoor use. Tiers 1 and 2 are considered a customer's water budget. Tier 3 represents
water use greater than 100% of the customer's individualized water budget.
31Ordinance 403
10.04 Water Budgets -A water budget is defined as the quantity of water required for an
efficient level of water use by an individual customer site. The District's water budget calculation
accounts for indoor, outdoor, and business process needs where applicable. Water budgets are
determined by the individual needs of the customer using site-specific factors including, but not
limited to, persons per household, irrigated area, weather (expressed as Evapotranspiration rate),
plant factor, and days of service. Water budgets are calculated differently for residential, dedicated
irrigation (landscape), and commercial mixed-use (indoor and outdoor) water service accounts. Water
budgets are considered the combination of Tier 1 and/or Tier 2 water use in all customer classes
subject to water budget rates. Customer classes are: Residential, Multi-Family, Irrigation, and Non-
Residential.
10.05 Evapotranspiration (ET) Rate - Evapotranspiration is a measure of water
transpired through plant tissue and evaporated from the soil in the planted area over a period of
time. The unit of measure is expressed in inches of ET. ET measurements are obtained from weather
station(s) situated in the District's service area; each station provides the data to be applied for specific
zones within the District. The weather stations are calibrated on a monthly basis by a certified
CIMIS (California Irrigation Management Information System) professional. Weather data is
gathered on a daily basis and accumulated for each billing period.
10.06 Monthly Plant Factor - The monthly plant factor is used to more clearly define
the needs of plant material. The District's monthly plant factor comes from the University of
California - Riverside's research on the water needs of cool-season turf grass. The plant factors
(shown in Row A of the table below), when averaged over the entire calendar year, match the
annual ET Adjustment factors listed in the State of California Model Water Efficient Landscape
Ordinance (AB 1881). Monthly Plant factors for special landscapes are shown in Row B of the
table. Special landscapes are served by a dedicated irrigation meter and include: registered
historical sites, cemeteries, parks, golf courses, sport complexes/ball fields, and school yards.
32Ordinance 403
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual
Average
A.0.61 0.64 0.75 1.04 0.95 0.88 0.94 0.86 0.74 0.75 0.69 0.60 0.8
B.0.76 0.80 0.93 1.30 1.20 1.10 1.20 1.10 0.92 0.93 0.86 0.75 1
10.07 Residential Indoor Water Budget - A residential indoor water budget is
calculated by multiplying the number of persons per household by 55 gallons for every day by the
number of dwelling units by the Drought Factor in a billing period. For example, if there are 4
persons in a single-unit residence, the daily water budget would be 220 gallons (4 persons x 1 unit
x 1 Drought Factor x 55 gallons). If there are 28 days in a billing period the total indoor water
budget would be 6,160 gallons (220 gallon/day x 28 days = 6,160 gallons) or 8.24 billing units
(6,160 gallons ÷ 748 gallons per billing unit).
10.08 Residential Outdoor Water Budget - A residential daily outdoor water budget is
calculated by multiplying the irrigated square footage associated with the water service account by
the monthly Evapotranspiration rate adjusted by the monthly plant factor by the drought factor,
multiplying by the conversion factor of 0.62 (square feet to gallons), and then dividing by 748 to
arrive at the daily water budget in billing units. (Irrigable Square Footage x Monthly
Evapotranspiration Rate x Monthly Plant Factor x Drought Factor x 0.62 ÷ 748 = Monthly Outdoor
Budget in billing units.
10.09 Dedicated Landscape (Irrigation) Water Budget - Water budgets for dedicated
irrigation accounts are calculated using the same methodology that is used for Residential Outdoor
Water Budgets (described above). Dedicated Landscape accounts receive no Tier 1 allocation.
10.10 Non-Residential Mixed Use Water Budgets - Non-Residential mixed-use water
budgets are based on historic use. The District calculates an average water demand for each billing
period based on the water demand for the same billing periods of the prior two years. The
commercial water budget may be adjusted, at the District's discretion, to accommodate changes in
business processes or to allow for business growth.
10.11 Water Budget Drought Factor - Water budgets can be adjusted in times of
threatened water supply availability in order to reduce water allocations for customers through the
33Ordinance 403
use of the drought factor. When drought factors are implemented, indoor and/or outdoor water
budgets can be reduced by a designated percentage, causing Tier 1 and/or Tier 2 allocations to be
reduced, and Tier 3 "Inefficient Usage" charges to become effective at lower consumption levels.
Drought factors can also be adjusted upward to reflect improved water supplies but not above
100%. Changes in drought factors will be established by Resolution of the District Board of
Directors.
10.12 Water Budget Adjustments - Water budgets can also be adjusted to reflect a
significant change in a customer's unique efficient water needs. Adjustment forms are available
for customers on the District's website or at the District Headquarters. Rules pertaining to
applicable water budget adjustments are outlined on the water budget adjustment form.
10.13 Liability for Water Service - The property owner shall be held liable for water
service charges until such time as the District is notified in writing to transfer the account to another
property owner.
10.14 Leak Credit - In cases where a pipe break or sprinkler malfunction leads to water
use in excess of an individual water budget during one or more billing periods, the District will
remove the inefficient use rate increment (difference between Tier 3 and Tier 2 rates) for up to a
maximum of two concurrent billing periods ending in the billing period in which a verified repair
or corrective measure was conducted. In addition, all of the following conditions must be satisfied for
a Leak Credit to be issued:
•The customer's water use was in excess of their water budget at the time of the repair;
•The customer has completed a leak credit form with the required documentation
showing a repair was performed;
•The customer has returned to in-budget water use in the billing period immediately
following the billing period during which the repair was completed; and
•The customer has not applied for a leak credit within the last 12 consecutive billing
periods.
34Ordinance 403
The District will remove the Tier 3 incremental charge by recalculating the impacted water bill(s)
for all of the customer's water use, including water use as a result of the leak or malfunction, at the
applicable Tier 2 pricing. A leak credit form may be obtained on the District website, or by visiting
the District Administrative Offices.
10.15 Liens for Unpaid Bills - All unpaid bills will be made a lien against the property
pursuant to these rules, regulations and California Water Code Section 31701.5 et.seq. Interest at
the legal rate may accrue and be applied on all delinquent bills. The property owner remains
responsible for all charges owed to the District whether or not the property owner actually lives on the
premises or signs the application for water service.
10.16 Owner Liability - The property owner remains responsible for all charges owed to the
District whether or not the property owner actually lives on the premises or signs the application
for water service.
10.17 Meter Reading, Billing Period, and Due Date - The billing will be based on the
periodic meter readings which will normally range between 26 and 35 days. If a meter fails to
register during any period, or is known to register inaccurately, the customer shall be charged based
on estimated usage. The billings for water service are mailed approximately, eight days after the meter
readings. Current charges are due when mailed and become past due if not paid on or before the
due date. The due date shall be 20 days after the billing date. All billings are considered delivered
upon mailing and the District is not responsible for non-receipt or non-delivery once mailed. Any
payment envelope received by the District without a payment enclosed, or with an unsigned check,
shall be considered non-payment. Checks received on payment of account and later returned by the
bank unpaid shall also be considered as non-payment, and a returned check charge will be assessed.
Accents with one or more returned checks may be required to make future payments by cash, money
order, or charge card only.
10.18 Reactivation - If payment is not made, as stipulated above, and charges remain
unpaid on the shut-off date stated on the delinquent billing notice, water service shall be
discontinued, a disconnection charge assessed, and a deposit required. If an account has been
35Ordinance 403
disconnected for non-payment, the original bill, delinquent and disconnection charges, and a
deposit must be paid before service will be reestablished. Payment for charges on an account that
has been disconnected must be made in cash, money order, or charge card.
10.19 Past Due Accounts - Rates and charges which are not paid on or before the due
dates shall be subject to interest charges. Interest will be calculated at a rate of one and one-half
percent (1 1/2 %) on all amounts that remain unpaid at the end of each billing cycle. The District
may secure unpaid charges by filing liens on real property, as provided by law or by any other
method available to the District. In the event that legal action is brought to collect unpaid charges,
the District shall be entitled to the payment of all costs, including attorney's fees. Defendant shall
pay all costs associated with litigation rendered in favor of the District.
10.20 Billing of Separate Meters not Combined - Separate bills will be rendered for
each meter installation. The District may, for its own convenience, consider each register of
compound meters as a separate service and bill each as provided for herein. For its own
convenience, the District may combine multiple services on one bill.
10.21 Billing Period - The regular billing period will be monthly.
10.22 Opening and Closing Bills - Opening and closing bills for less than the normal
billing period shall consist of charges for actual water consumption and a proration of the system
charge.
10.23 Payment of Bills - Bills for water service shall be rendered at the end of each billing
period and are due and payable upon presentation. If full payment is not received at the business
office of the District on or before the final due date, the bill shall become past due and delinquent.
10.24 Delinquency Notice - A delinquency notice shall be mailed to customers whose
accounts are delinquent, warning that service is subject to disconnection. The delinquency notice
will contain all the following:
•the name and address of the customer;
•the amount of the delinquency;
36Ordinance 403
•the date by which payment arrangements must be made in order to avoid discontinuation
of service;
•the procedure by which the customer may initiate a complaint or request an investigation
or appeal concerning service or charges;
•a description of the procedure by which the customer may request an alternative payment
arrangement, including an extension, amortization, alternative payment schedule, or
payment reduction;
•the procedure for the customer to obtain information on financial assistance, if applicable; and
•the telephone number where the customer may request a payment arrangement or receive
additional information from the District.
Notice of any delinquency in a tenant's account shall also be sent to the owner of the property. See
Section 12 of this Ordinance for Disconnection Procedures.
10.25 Removal of Delinquency - At the end of each calendar year, customers may request
that the District remove one delinquency from the record of their account when one or more
delinquencies have occurred during the previous 12 months.
10.26 Legal Action - All unpaid rates, charges and penalties herein provided may be
collected by legal action or through the use of a collection agency.
10.27 Costs - Defendant shall pay all costs of legal action in any judgment rendered in
favor of the District, including reasonable attorney's fees.
10.28 Discontinuing Service - Customers desiring to discontinue service should notify the
District prior to vacating the premises. Owners shall be liable for on-going charges between
tenancy, and in the event of sale, up to the recording date of title to the property being transferred
to a new owner. Owners shall also be responsible for charges incurred by a tenant, but that remain
unpaid after the tenant has vacated the property. Upon notice, the District will seal off the meter
and take a closing reading.
37Ordinance 403
SECTION 11. COMPLAINTS AND DISPUTED BILLS
11.01 Right to Meet - The customer has the right to meet with the Financial Officer or
General Manager to present any evidence supporting a complaint with regard to water service,
District rules, regulations, resolutions or ordinances, or to dispute the accuracy of a bill for service
or other charges.
11.02 Arrangement of Meeting - To arrange such a meeting, the customer shall contact
the District office, either in writing or by telephone during normal business hours.
11.03 Presentation of Evidence - The customer may be accompanied by a friend,
attorney, or other representative to meet with the Financial Officer or General Manager and may
present any evidence they may have to support their position.
11.04 Unresolved Disputes - If the customer is unable to resolve his dispute with the
Financial Officer or General Manager, he/she may submit the complaint in writing along with a
full and detailed explanation to the Board of Directors for resolution.
11.05 Appearances Before the Board of Directors - The customer may appear before
the Board of Directors at the next regularly scheduled Board meeting by notifying the District
Clerk, in writing, prior to the Board meeting of the date he/she wishes to attend and what the dispute
regards. The customer may then present the complaint and any evidence in support of his/her
position and ask for a decision by the Board.
11.06 Delays on Action - The Board shall act promptly to resolve the dispute, but may
delay a resolution of the dispute to the time of its next regular meeting in order to investigate the
dispute or receive special reports related to the dispute.
11.07 Further Delays - Any further delays must be freely and willingly agreed to by the
customer.
11.08 Decision of the Board - The decision of the Board of Directors shall be final.
Should the Board not render a decision within sixty (60) days of application to the Board, this
failure to act shall be deemed a denial of the requested action, unless both parties have agreed to
extend the resolution period.
38Ordinance 403
11.09 Discontinuance of Service - No water or other service shall be discontinued
pending the final resolution of a dispute.
11.10 Adjustment for Fast Meter Errors - If a meter tested at the request of a customer
is found to be more than five percent (5%) fast, the excess charges for the time service was rendered
the customer, or excess charges for a period of six months, whichever shall be the lesser, shall be
refunded to the customer.
11.11 Adjustment for Slow Meter Errors - If a meter tested at the request of a customer
is found to be more than ten percent (10%) slow and shows evidence of tampering, the District
may bill the customer for the amount of the undercharge based upon corrected meter readings for
the period, not exceeding six (6) months, that the meter was in use.
11.12 Non-Registering Meters - If a meter is found to be not registering, the charges for
service shall be based on the estimated consumption. Such estimates shall be made from previous
consumption for a comparable period, or by such other method as is determined by the District,
and its decision shall be final.
SECTION 12. DISCONNECTION FOR NON-PAYMENT
12.01 Disconnection for Non-Payment - Residential water service shall be discontinued
if payment for water service is not made within sixty (60) calendar days of the date of mailing the
delinquent notice. All other notifications and communication required in the District's Policy on
Discontinuation of Residential Water Service shall be delivered prior to disconnection. Non- residential
water service may be discontinued if payment for service is not made within fifteen
(15) calendar days. At no time shall the District discontinue water service at a time when the
District offices are closed.
12.01.01 Tenant Occupied Property - If water and other services to an account,
where the tenant is shown as the Customer of Record, are discontinued for non-payment, the
account will be revised to show the owner as primary Customer of Record. The owner will continue
to be shown as primary Customer of Record for as long as they own the property. Tenants
39Ordinance 403
may be shown as an additional Customer of Record with the consent of the property owner, or in
the event that an account in the property owners name is subject to disconnection.
12.02 Complaint Procedures for Disconnection - Service disconnection for non-
payment of bills or for violation of any of the District's rules, regulations, ordinances, or resolutions
is subject to the complaint procedures specified in Section 11 herein.
12.03 Refusal or Neglect to Pa)' Debt - Any amount due is a debt to the District and any
person, firm or corporation failing, neglecting, or refusing to pay this debt may be subject to a civil
action for the amount due in a court of competent jurisdiction.
12.04 Lien Against Property for Non-Payment - Any unpaid debt will be deemed a lien
against the real property to which service is rendered as specified herein and California Water
Code Section 31701.5 et.seq.
12.05 Service Charges for Violations - If water service is discontinued for violation of
any of the District's rules, regulations, resolutions or ordinances, service shall not be re-instituted
until the violations have been corrected and all applicable service charges and fees as provided for
herein are paid in full by cash, payment card, money order, or cashier's check.
12.06 Partial Pavments - A partial payment of a delinquent account may be accepted
and credited to a customer's account, but such partial payment shall not be cause for removing the
account from a delinquent status and shall not preclude the meter from being turned off for
delinquency.
12.07 Authorization for Continuance of Service for Delinquent Accounts - The
General Manager or his designee may authorize continuation of service to a delinquent account if
financial arrangements satisfactory to the District have been established.
SECTION 13. ADDING DELINQUENT CHARGES TO TAX ROLL
13.01 Report of Delinquent and Unpaid Charges - A report of delinquent and unpaid
charges for water and other services which remain unpaid and delinquent for sixty (60) days or
more on July 1st of each year shall be prepared and submitted to the Board for consideration as
40Ordinance 403
tax liens. The unpaid delinquent charges listed in said report for each parcel of property shall be
fixed at the amount listed in said report.
13.02 Adoption and Filing of Report - The Secretary shall file with the County Assessor
of the County of San Bernardino and the Board of Supervisors of the County of San Bernardino,
in the time and manner specified by the County Assessors and Board of Supervisors , a copy of such
written report with a statement endorsed thereon over the signature of the Secretary, that such a report
has been adopted and approved by the Board of Directors and that the County Assessor shall enter
the amount of such charges against the respective lots or parcels of land as they appear on the
current assessment roll.
13.03 Collection of Delinquent and Unpaid Charges - The amount of any charges for
water and/or other services included in the report prepared and submitted pursuant to Sections
13.01 and 13.02 above shall be added to and become a part of the annual taxes next levied upon
the property upon which the water for which the charges are unpaid was used, and upon the
property subject to the charges for any other District services, and shall constitute a lien on that
property as of the same time and in the same manner as does the tax lien securing such annual
taxes as provided in Section 12.04 above.
SECTION 14. CHARGES AND DEPOSITS
14.01 Adoption - The amount of all charges and deposits described herein shall be
updated in the District' s Schedule of Water and Wastewater Rates and Charges and adopted by separate
Board resolution.
14.02 Security Deposit - The Security deposit insures payment of minimum District
charges. Upon discontinuance of service the security deposit shall be applied to reduce any
outstanding charges on any accounts held by the customer with the District. The security deposit
shall be refunded to the customer as provided in Section 6.04.02 herein.
14.03 Service Initiation Charge - The service initiation charge is a non-refundable
charge which covers the reasonable District costs for initiating water service.
41Ordinance 403
14.04 Water System Charge - The system charge is the monthly availability charge
applicable to all metered services and shall apply whether or not premises served by the meter are
occupied. This charge will vary based on the size of the meter.
14.05 Commodity Charge - The commodity charge is the charge per hundred cubic feet
(HCF) of water registered by the District' s water meter. Commodity charges are assessed in three tiers
with ascending rates, and the number of HCF billed in each tier is determined by a customer's water
budget as explained in a previous section of this ordinance.
14.06 Delinquent Charge - A delinquent charge shall be added to each delinquent
account at the time any amount becomes delinquent, provided that no delinquent charge shall be
made on any account which at the time has no delinquencies of record. When a delinquent charge
is made, such charge shall be added to the delinquent account as of the date the account becomes
delinquent and the charge shall become an inseparable part of the amount due as of that time.
14.07 Disconnection Notice Charge - The disconnect notice charge is the charge which
covers reasonable District costs to notify customers that their water service is subject to impending
termination.
14.08 Service Reconnect Charge - The service reconnect charge is the charge which
covers the reasonable District costs for disconnection and reconnection of service connections
which are in violation of the provisions contained herein.
14.09 Meter Test Charge - The meter test charge is the charge which covers the District
costs for removing, bench testing, and reinstalling the water meter to be tested.
14.10 AMI Opt-Out Fee - The AMI opt-out fee will be assessed when a customer has made
written request not to have an AMI meter installed at their property and covers the costs of staff
and equipment in taking a manual read of the opt-out customer's meter.
14.11 Returned Payment Fee - The returned payment fee is a charge which covers the
reasonable administrative cost and banking charges for processing a returned check, or to respond to
a disputed charge where a payment card was fraudulently used to make payment on an account.
42Ordinance 403
14.12 Temporary Service Charge - A temporary service is available through the use of a
fire hydrant. A customer deposit for the temporary service will be required. All other applicable
service charges shall apply.
14.13 Unauthorized Use of Water Charge -, The unauthorized use of water charge shall
be charged to any person, organization or agency for each unauthorized use of District water, or
for tampering in any manner with any meter belonging to the District, in which tampering shall
affect the accuracy of such meter. Where the unauthorized use of water or tampering results in the
District's action to remove the meter, there shall be a charge for the removal and re-installation.
14.14 Fire Hydrant Installation Charge - The charge for installation of fire hydrants as
may be required.
14.15 Fire Service Standby Charge - The fire service standby charge is the monthly
standby charge per inch diameter of the District fire service meter. Water use through this service
is limited to emergency fire requirements only.
14.16 Backflow Device Installation Fee -This fee will be collected to cover the cost of the
installation of a backflow device by District staff if the property owner requests that the District install
the device.
14.17 Backflow Inspection Fee - The charge will cover the cost of inspecting a newly
installed backflow prevention device where District staff has not performed the installation.
14.18 Backflow Compliance Testing Fees - The charge to cover costs of District staff
conducting an initial compliance test of a customer device. If District staff will conduct annual
compliance tests, customers may elect to pay for the annual test with a monthly charge billed to
their water account.
14.19 Backflow Annual Administration Fee - This fee is an annual assessment to
customers to cover the cost of administering a backflow compliance program.
14.20 Water Capacity Charge -The capacity charge is a fee for that incremental portion of
the entire water system and District facilities that will be used by a new service.
43Ordinance 403
14.21 Water Service Connection Charge - The water service connection charge is the
charge for the type and size of water service connection desired. Such regular charge shall be paid
in advance by the applicant. Where there is no regular charge, the District reserves the right to
require the applicant to deposit an amount equal to the estimated cost of such service connection.
14.22 Fire Service Connection Charge - The charge for installation of fire services as
may be required.
14.23 Inspection Charge - Where a customer service connection or facility requires
inspection by District personnel, the customer shall be charged for such inspection.
14.24 Special Facility Charge - A special facility charge shall be for the development of
a limited service area whenever special facilities including, but not limited to, booster stations,
hydropneumatic stations and pressure regulators are required. The charge to be made to a
developer or owner of land that is considered by the District to be within a limited service area
shall be based upon the developer's or landowner's proportionate share of the cost of the installation of
such special facility. Such proportionate share to be borne by the developer or landowner shall be
based on the percentage of such development to the entire limited service area to be served by the
special facilities and the difference between the cost of facilities to serve the same number of acres
or area under normal conditions and the cost of facilities to serve the acreage or area under special
conditions at a higher cost.
14.25 Water Main Extension Charge - The water main extension charge is for the
construction of a water main extending to the far side of the property to be served. This charge
shall be based on the prevailing rates of time and material per District approved plans. The
customer shall be responsible to provide the plans and for all applicable Engineering Services
charges described in Section 14.27.
14.26 Water System Design Charge - A non-refundable water system design charge
shall be required for all main extensions, service connection and/or special facilities requiring the
preparation of engineering plans and drawings.
44Ordinance 403
14.27 Engineering New Development Service Charges - The following
Engineering/New Development Service charges will be established based on the calculated
estimate of the District's time and effort spent on assisting- customers who have a requirement to
construct water facilities:
•Drafting of an Availability Letter
•Construction Inspection
•Drafting/preparing revisions to a Development Agreement
•Development and Engineering Research
•Development Meeting
•Easement / Quitclaim Processing
•Water/ Sewer Inquiry
•New Construction Chlorination and Flushing
•Water Quality Sampling
•Plan Checking
•Drafting a Will Serve Letter
14.28 Construction Water Charge - The charge for construction water will be calculated
at the Tier 3 rate.
14.29 Fire Flow Test Charge - The fire flow test charge is a flat rate to cover the District's
time and effort for testing parts of the water system to obtain fire flow test data and calculate results
as requested.
14.30 Valve Can Deposit - The valve can deposit is a refundable charge that is used to
ensure all valve cans and caps are constructed to final grade before a water system construction
project is complete. The District will accept a Guarantee Bond in lieu of a cash deposit. The fee
will be returned or the Bond released when valve cans and caps are constructed to final grade by
the Developer's contractor and verified by the District.
45Ordinance 403
14.31 Charges and Deposits - All rates, charges, fees, penalties, fines, deposits, and other
methods of assessment are set by the District's Board of Directors. The General Manager/CEO, or
appointed designee, may approve adjustment to any charges, late penalties, past due account fees
or service deposits pursuant to the District's procedures and applicable law.
SECTION 15. WATER CONSERVATION
15.01 Permanent Water Conservation Measures. The District’s permanent water
conservation measures are in effect at all times to protect and ensure a safe and reliable water supply. .
15.01.01 Excessive Irrigation and Related Waste - No property within the
District service area shall cause or permit the use of water for irrigation of landscaping or other outdoor
vegetation, to exceed the amount required to provide reasonable irrigation, and shall not cause or permit
any unreasonable or excessive waste of water from said irrigation activities or from watering devices or
systems.
15.01.02 Run-off - The free flow of water away from a service address is prohibited
and shall be presumptively considered excessive irrigation and waste.
15.01.03 Wash-down - No water provided by the District shall be used for the
purposes of wash-down of impervious areas without specific written authorization of the General
Manager/CEO, except to maintain health and safety standards.
15.01.04 Vehicle Washing - The washing of cars, trucks or other vehicles must be
conducted with a hose equipped with an automatic shut-off device, or at a commercial vehicle washing
facility.
15.01.05 Decorative Water Features - Water fountains or other decorative water
features must re-circulate water.
15.01.06 Irrigation After Measurable Rainfall - The application of potable water
to outdoor landscape for irrigation purposes during or within 48 hours after at least ¼ inch of rainfall
is prohibited.
46Ordinance 403
15.01.07 Drinking Water Provided by Restaurants - Restaurants are prohibited
from serving drinking water to patrons unless requested.
15.01.08 Restaurants - All restaurants are required to use water conserving pre-
rinse dish wash spray valves.
15.01.09 Hotel and Motel - Hotels and motels must offer their guests the option to
not have their linens and towels laundered daily and must prominently display this option in each room.
15.01.10 Irrigation of Ornamental Turf on Medians and Parkways- Medians
and bordering parkways located within the right-of-way are prohibited from using potable water to
irrigate turf. Bordering parkways are considered the strips of non-functional ornamental turf adjacent to
the street. The continued irrigation and preservation of trees is encouraged.
15.01.11 Recreational Water Features - Recreational water features, such as
pools and spas, are encouraged to use evaporation resistant covers.
15.01.12 Leak Repair - All customers and service area residents are encouraged to
repair leaks to reduce water waste in a timely manner.
15.01.13 Budget-based Rates – The District will maintain a budget-based rate
structure for all customers to encourage efficient use of water.
15.01.14 Metering – The District will utilize Advanced Metering Infrastructure
(AMI) meters to minimize water loss, unbilled usage, and to provide more timely information on water
use.
15.01.15 Water Use Evaluations – The District will provide water use evaluations
at no charge to customers. The District may provide historical water use data to commercial and
industrial facilities for use in developing water conservation plans for their facilities.
15.01.16 Indoor Rebate Programs – The District will implement programs to
offer rebates to customers for indoor high efficiency appliances and fixtures.
47Ordinance 403
15.01.17 Outdoor Rebate Programs - The District will implement programs to
offer rebates to customers for high efficiency outdoor irrigation and other outdoor water use reduction
measures.
15.01.18 Landscape Irrigation - The District will encourage efficient outdoor use
and discourage everyday watering to achieve conservation. The District may determine that landscape
irrigation shall be conducted only during specific hours and/or days and may impose other restrictions
on the use of water for such irrigation.
15.02 Stage No. 1 - Water Shortage Warning: A Water Shortage Stage 1 – Water
Shortage Warning shall be in effect when the District determines there is a water shortage supply, or
threatened shortage, condition of up to 10%, or if directed by an executive order or regulation. The
Board of Directors may then, by resolution, declare a water shortage condition to prevail, and authorize
the General Manager/CEO to enact the following conservation measures in addition to the
permanent water conservation measures. During these conditions, all water customers are advised to
continue to use water wisely, to prevent the waste or unreasonable use of water, and to reduce water
consumption to that necessary for ordinary domestic and commercial purposes.
15.02.01 Outreach and Education - The District will implement outreach and
education programs encouraging outdoor and indoor water use efficiency.
15.03 Stage No. 2 - Moderate Water Shortage: A Water Shortage Stage 2 – Moderate Water
Shortage shall be in effect when the District determines there is a water supply shortage, or threatened
water shortage, condition of up to 20%, or if directed by an executive order or regulation. The Board of
Directors may then, by resolution, declare a water shortage condition to prevail, and authorize the
General Manager/CEO to enact the following conservation measures in addition to the permanent
water conservation measures and water conservation measures i m p l e m e n t e d in Stage No. 1.
15.03.01 Leak Repair – Customers are encouraged to repair water leaks within 72
hours of notification from the District.
15.03.02 Outreach and Education - The District will expand its public
information campaign on the water supply conditions and encourage efficient water use indoors
and outdoors.
48Ordinance 403
15.04 Stage No. 3 – Significant Water Shortage: A Water Shortage Stage 3 – Significant
Water Shortage shall be in effect when the District determines there is a water shortage supply, or
threatened shortage, condition of up to 30%, or if directed by an executive order or regulation. The
Board of Directors may then, by resolution, declare a water shortage condition to prevail, and authorize
the General Manager/CEO to enact the following conservation measures may in addition to the
permanent water conservation measures and conservation measures i m p l e m e n t e d in Stage No.
1 and Stage No. 2.
15.04.01 Decorative Water Features – Customers are encouraged to not empty,
refill, or add water to decorative water features, including ponds, fountains, and artificial lakes.
Exceptions may be made by the General Manager/CEO to sustain biological life, such as fish, or for
municipally owned or operated ponds.
15.04.02 Recreational Water Features – Customers are encouraged to not empty,
refill, or add water to recreational water features, such as pools or spas. Exceptions may be made by the
General Manager/CEO for municipally owned or operated pools.
15.04.03 Non-recirculating Water Systems – Customers are encouraged to
retrofit non-recirculating systems at car washes and commercial laundry facilities to install recirculation
systems.
15.04.04 Leak Repair – Customers must repair leaks within 48 hours of
notification from the District.
15.05 Stage No. 4 – Severe Water Shortage Emergency: A Water Shortage Stage 4 –
Severe Water Shortage shall be in effect when the District determines there is a water shortage supply,
or threatened shortage, condition of up to 40%, or if directed by an executive order or regulation. The
Board of Directors may then, by resolution, declare a water shortage condition to prevail, and authorize
the General Manager/CEO to enact the following conservation measures in addition to the
permanent water conservation measures and conservation measures i m p l e m e n t e d in Stage No.
1, 2, and 3.
15.05.01 Vehicle Washing - The washing of cars, trucks or other vehicles is not
permitted except at commercial vehicle washing facilities.
49Ordinance 403
15.05.02 Decorative Water Features - Emptying, refilling, or adding water to
decorative water features is prohibited. Exceptions may be made to sustain biological life, such as fish,
or for municipally owned or operated ponds. Requests for variances in water budgets will not be
accepted.
15.05.03 Recreational Water Features - Emptying, refilling, or adding water to
recreational water features is prohibited. Exceptions may be made by the General Manager/CEO for
municipally owned or operated pools. Requests for variances in water budgets will not be accepted.
15.05.04 Leak Repair – Customers must repair leaks within 24 hours of
notification from the District.
15.05.05 Indoor Rebate Programs – The District will expand its indoor rebate
program to assist customers with mandatory conservation efforts.
15.05.06 Outdoor Rebate Programs – The District will expand its outdoor rebate
program to assist customers with mandatory conservation efforts.
15.05.07 Outreach and Education – The District will expand targeted
communications focusing on customers with tier 3 usage and provide educational opportunities,
including workshops, classes, and other public-facing community events. .
15.06 Stage No. 5 – Critical Water Shortage: A Water Shortage Stage 5 – Critical Water
Shortage shall be in effect when the District determines there is a water supply shortage, or threatened
shortage, condition of up to 50%, or if directed by an executive order or regulation . The Board of
Directors may then, by resolution, declare a water shortage condition to prevail, and authorize the
General Manager/CEO to enact the following conservation measures may in addition to the
permanent water conservation measures and conservation measures implemented in Stage No. 1,
2, 3, and 4.
15.06.01 Decorative Water Features - Filling or adding potable water to
decorative water features is prohibited except to sustain biological life.
15.06.02 Landscape Irrigation - Upon direction of the General Manager/CEO, all
potable irrigation of turf is prohibited unless stated otherwise. These limitations do not apply to drought-
50Ordinance 403
tolerant landscapes, including trees and shrubs.
15.06.03 Construction Water – Upon direction of the General Manager/CEO, the
use of potable water for construction site preparation purposes may be prohibited, other than to maintain
necessary fire and safety standards.
15.06.04 Agricultural Irrigation - Persons receiving water from the District who
are engaged in commercial agricultural practices, whether for the purpose of crop production or growing
of ornamental plants shall provide, maintain, and use irrigation equipment and practices which are the
most efficient possible. Upon determination by the General Manager/CEO, these persons may be
required to prepare a plan within 30 days of request by the District describing their irrigation practices
and equipment, including but not limited to, actions to be taken to improve water use efficiency or
justification that water use on the property is the most efficient possible. The District will provide these
facilities with information regarding the average monthly water use by the facility for the last two-year
period and a free water use evaluation will be provided upon request. After review and approval by the
General Manager/CEO, the plan shall be considered subject to inspection and enforcement by the
District.
15.07 Stage No. 6 – Water Shortage Emergency: A Water Shortage Stage 6 –Water
Shortage Emergency shall be in effect when the District determines there is a water shortage supply, or
threatened water shortage, condition of over 50%, or if directed by an executive order or regulation.
The Board of Directors may then, by resolution, declare a water shortage condition to prevail, and
authorize the General Manager/CEO to enact the following conservation measures in addition to
the permanent water conservation measures and conservation measures implemented in Stage No.
1, 2, 3, 4, and 5.
15.07.01 Non-recirculating Water Systems - Operation of non-recirculating
systems at car washes and commercial laundry facilities are prohibited.
15.07.02 Landscape Irrigation - Upon direction of the General Manager/CEO, all
potable landscape irrigation is prohibited.
51Ordinance 403
15.07.03 Construction Meters - No new construction meter permits shall be
issued by the District. All existing construction meters shall be removed and/or locked, with the
exception of critical infrastructure projects.
15.07.04 Parks, Schools, and Golf Courses - Upon direction of the General
Manager/CEO, watering of parks, school grounds and golf courses is prohibited.
15.07.05 Commercial Nurseries and Livestock - Commercial nurseries shall
discontinue all watering and irrigation to permanent crops that take >5 years to replace. Watering of
livestock is permitted as necessary.
15.08 Implementation and Termination of Mandatory Compliance Stages - The
General Manager/CEO of the District shall monitor the supply and demand for water on a regular
basis to determine the level of conservation required by the implementation or termination of the
Water Shortage Stages and shall notify the Board of Directors of the necessity for the
implementation, or termination, of each stage. In the event of a water shortage condition or threatened
water shortage which could affect the District's ability to provide water for ordinary domestic and
commercial uses, the Board of Directors shall provide public notice and hold a public hearing at which
customers shall have the opportunity to present their respective needs to the District. Each declaration
of the Board of Directors implementing, or terminating, a water conservation stage shall be
declared via resolution and published at least once in a newspaper of general circulation and shall
be posted at the District offices. Each declaration shall remain in effect until the Board of Directors
otherwise declares via resolution, as provided herein.
15.08.01 General Manager/CEO Emergency Authority – The Board of Directors
authorizes the General Manager/CEO to implement and enforce measures necessary to remain in
compliance with emergency statewide mandatory conservation measures. Actions taken by the General
Manager/CEO in accordance with State regulations outside of those listed in this Ordinance must be
reported to the Board at the next regularly scheduled meeting.
15.09 Exceptions - Application for Exception Permits - The General Manager/CEO
may grant permits for uses of water otherwise prohibited under the provisions of this Ordinance if
52Ordinance 403
they find and determine that restrictions herein would either:
15.09.01 Hardship – Cause an unnecessary and undue hardship to the water user or
the public; or
15.09.02 Emergency – Cause an emergency condition affecting the health,
sanitation, fire protection or safety of the water use or of the public.
15.09.03 Exceptions Granted – Such exceptions may be granted only upon
written request therefor. Upon granting such exception permit, the General Manager/CEO may
impose any conditions they determine to be just and proper.
15.09.04 Enforcement and Inspection - Authorized employees of the District, after
providing proper identification, may, during reasonable hours, inspect any facility having a water
conservation plan, and may enter onto private property for the purpose of observing the operation
of any water conservation device, irrigation equipment or water facility. Employees of the District
may also observe the use of water or irrigation equipment within the District from public right-of-
ways.
15.10 Criminal Penalties for Violation - Water Code Section 31029 makes any violation of
this Ordinance a misdemeanor and upon conviction thereof, the violator shall be punished by
imprisonment, fine or by both fine and imprisonment as may be allowed by law.
15.11 Civil Penalties for Violation - In addition to criminal penalties, violators of the
mandatory provisions of this Ordinance shall be subject to civil action initiated by the District as
follows below. Appeals for violation penalties may be granted as outlined in Section 15.13.01 of
this Ordinance.
15.11.01 First Violation: For a first violation, the District shall issue a written
notice of violation to the water user violating the provisions of this Ordinance. The notice shall be
given pursuant to the requirements of Section 15.12 below.
15.11.02 Second Violation: $100 Surcharge - For a second violation of this
Ordinance within a 12-month period, or failure to comply with the notice of violation within thirty
(30) days after notice of imposition, a one-month penalty surcharge of $100 is hereby imposed for
the meter through which the wasted water was supplied.
15.11.03 Third Violation: $300 Surcharge - For a third violation of this
ordinance within a 12-month period, or for continued failure to comply within thirty (30) days
53Ordinance 403
after notice of an imposition of second violation sanctions, a one-month penalty surcharge in the
amount of $300 is hereby imposed for the meter through which the wasted water was supplied.
15.11.04 Fourth Violation: $500 Surcharge - For a fourth violation of this
ordinance within a 12-month period, or for continued failure to comply within thirty (30) days
after notice of an imposition of third violation sanctions, a one-month penalty surcharge in the
amount of $500 is hereby imposed for the meter through which the wasted water was supplied.
15.11.05 Fifth Violation: $500 Surcharge and/or Installation of a Flow
Restrictor - For a fifth violation of this ordinance within a 12-month period, or for continued
failure to comply within thirty (30) days after notice of an imposition of fourth violation sanctions, a
one-month penalty surcharge in the amount of $500. is hereby imposed for the meter through
which the wasted water was supplied. In addition to the surcharge, the District may, at its
discretion, install a flow-restricting device at such meter with a one-eighth inch (1/8") orifice for
services up to one and one-half (1-1/2") inch size, and comparatively sized restrictors for larger
services, on the service of the customer at the premises at which the violation occurred for a period of
not less than forty-eight (48) hours. The charge to the customer for installing a flow-restricting
device shall be based upon the size of the meter and the actual cost of installation. The charge for
removal of the flow- restricting device and restoration of normal service shall be based on the actual
cost of removal. Such restoration of service shall not be made until the General Manager/CEO of
the District has determined that the water user has provided reasonable assurances that future
violations of this Ordinance by such user will not occur.
15.11.06 Subsequent Violations: Discontinuance of Service - For any
subsequent violation of this Ordinance, while in Stage No. 6, within the twenty-four (24) calendar
months after a first violation as provided in Section 15.11.01 hereof, the penalty surcharge
provided in Section 15.11.02 through Section 15.11.05 hereof shall be imposed and the District
may discontinue water service to that customer at the premises or to the meter where the violation
occurred. The charge for reconnection and restoration of normal service shall be as provided in the
Rules and Regulations of the District. Such restoration of service shall not be made until the General
Manager / CEO of the District as determined that the water user has provided reasonable assurances
that future violations of this Ordinance by such user will not occur.
54Ordinance 403
15.12 Notice of Violation
15.12.01 First Violation - For a first violation, written notice shall be given to the
customer and/or property owner personally or by regular mail.
15.12.02 Subsequent Violations - If the penalty assessed is a surcharge for a
second, third, fourth, fifth, or subsequent violation, notice may be given by regular mail.
15.12.03 Violations Involving Installation of Flow-Restrictors or Discontinuance
of Water Service - If the penalty assessed is, or includes the installation of a flow restrictor or the
discontinuance of water service to the customer for any period of time, notice of the violation shall
be given in the following manner:
a. Personal Service - By giving written notice thereof to the occupant and/or
property owner personally; or if the occupant and/or property owner is absent from his/her place
of residence and from his/her 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 United States mail
addressed to the occupant and/or owner at his/her place of business or residence; or
b. Posting - If such place of residence and business cannot be ascertained, or
a person of suitable age or discretion cannot be located, then by affixing a copy in a conspicuous
place on the property where the failure to comply is occurring and also by delivering a copy to a
person there residing, if such person can be found, and also sending a copy through the United
States mail addressed to the occupant at the place where the property is situated and the owner if
different.
15.12.04 Form of Notice - All notices provided for in this Section shall contain,
in addition to the facts of the violation, a statement of the possible penalties for each violation and
a statement informing the occupant/owner of his/her right to hearing on the violation.
15.13 Community Advisory Commission - The District may establish a Community
Advisory Commission (Commission) consisting of District customers appointed by the Board of
Directors to serve in the capacity as herein described. The number of commissioners shall be
determined by resolution of the Board of Directors. The Commission is authorized to hear appeals
from enforcement decisions made by the General Manager/CEO for violations of the water conservation
55Ordinance 403
measures provided in Section 15 of this ordinance. The Commission shall serve as an advisory
body to the Board of Directors. The Board of Directors shall consider the recommendations of the
Commission but will not be bound thereby.
15.13.01 Hearings - Any customer or property owner against whom a penalty is
levied pursuant to this ordinance (Appellant) shall have a right to a hearing, in the first instance by
the General Manager/CEO, with the right to appeal to the Commission. Within fifteen (15) days
of the date of the alleged violation, the Appellant may submit a written request for a hearing to the
District Clerk. The hearing shall be conducted by the General Manager/CEO within thirty (30)
days from the date of the written request submitted to the District Clerk. The General
Manager/CEO shall issue their ruling in writing. The Appellant may appeal the ruling of the General
Manager/CEO within ten (10) days thereof by filing written notice of appeal with the District Clerk.
At the next regularly scheduled Commission meeting, the Appellant may appear and present
evidence in support of their appeal. The Commission will issue a written recommendation to the
Board of Directors who will issue a final determination of the appeal. The Board of Directors may
issue its final determination based upon the recommendation of the Commission or may call for
an additional hearing. The ruling of the Board of Directors shall be final and binding upon the
Appellant and the District.
Ordinance 403 54
SECTION 16. EFFECTIVE DATE
This Ordinance shall take effect and replace Ordinance No. 401 upon adoption.
Adopted this 27th day of July 2022
ROLL CALL:
Ayes:Directors:
Noes:None
Absent:None
Abstain:None
_____________________________________
Phillip R. Goodrich
Board President
ATTEST:
_____________________________________
John Mura
Board Secretary
July 27, 2022
I HEREBY CERTIFY that the foregoing is a full, true and correct copy of Ordinance No. 403
adopted by the Board of Directors of East Valley Water District at its Regular Meeting held July
27, 2022.
_____________________________________
John Mura
Board Secretary
East Valley Water District
Water Shortage
Contingency Plan
JULY 2022 East Valley Water District
East Valley Water District ii Water Shortage Contingency Plan
EAST VALLEY WATER DISTRICT
Water Shortage
Contingency Plan
East Valley Water
District
JULY 2022
Prepared by Water Systems Consulting, Inc.
East Valley Water District i Water Shortage Contingency Plan
TABLE OF CONTENTS
List of Figures ...................................................................................................ii
List of Tables....................................................................................................iii
Acronyms & Abbreviations................................................................................iv
1. East Valley Water District...............................................................................1
1.0 Water Service Reliability Analysis ............................................................3
2.0 Annual Water Supply and Demand Assessment.......................................3
3.0 Water Shortage Stages............................................................................7
4.0 Shortage Response Actions ...................................................................10
4.1 Demand Reduction.........................................................................10
4.2 Permanent Water Conservation Measures........................................11
4.3 Supply Augmentation .....................................................................20
4.4 Operational Changes and Additional Mandatory Restrictions ..........20
4.5 Emergency Response Plan ..............................................................20
4.6 Seismic Risk Assessment and Mitigation Plan..................................21
4.7 Shortage Response Action Effectiveness .........................................21
5.0 Communication Protocols.....................................................................21
6.0 Compliance and Enforcement...............................................................22
7.0 Legal Authorities..................................................................................23
7.1 Water Shortage Emergency Declaration...........................................23
7.2 Local/Regional Emergency Declaration ...........................................23
8.0 Financial Consequences of WSCP..........................................................24
9.0 Monitoring and Reporting.....................................................................24
10.0 WSCP Refinement Procedures............................................................24
11.0 Plan Adoption, Submittal and Availability..........................................25
References......................................................................................................26
Attachment 1: East Valley Water District Regulations and Service Ordinance 40327
Attachment 2: Adoption Resolution.................................................................27
East Valley Water District Table of Contents
East Valley Water District ii Water Shortage Contingency Plan
LIST OF FIGURES
Figure 1. Regional and Retail Agency Annual Assessment Process and Timeline 7
East Valley Water District Table of Contents
East Valley Water District iii Water Shortage Contingency Plan
LIST OF TABLES
Table 1. Annual Assessment Procedure.............................................................4
Table 2. DWR 8-1 Water Shortage Contingency Plan Stages.............................10
Table 3. DWR 8-2 Demand Reduction Actions.................................................13
Table 4. DWR 8-3R Supply Augmentation & Other Actions ..............................20
East Valley Water District Table of Contents
East Valley Water District iv Water Shortage Contingency Plan
ACRONYMS & ABBREVIATIONS
AWIA American Water Infrastructure Association
BTAC Basin Technical Advisory Committee
CWC California Water Code
CII Commercial, Industrial, and Institutional
DWR California Department of Water Resources
DRA Drought Risk Assessment
ERP Emergency Response Plan
EVWD/ District East Valley Water District
GW Groundwater
IRUWMP Integrated Regional Urban Water Management Plan
LHMP Local Hazard Mitigation Plan
RRA Risk and Resilience Assessment
SBB San Bernardino Basin
SWP State Water Project
UWWP Urban Water Management Plan
WSCP Water Shortage Contingency Plan
East Valley Water District 1 Water Shortage Contingency Plan
WATER SHORTAGE CONTINGENCY PLANEast Valley Water District
This Water Shortage Contingency Plan is a strategic plan that East
Valley Water District uses to prepare for and respond to water
shortages.
IN THIS SECTION
Water Service
Reliability
Annual Water
Supply and
Demand
Assessment
Supply Shortage
Stages and
Response Actions
The Water Shortage Contingency Plan (WSCP) is a strategic plan
that East Valley Water District (District) uses to prepare for and
respond to foreseeable and unforeseeable water shortages. A
water shortage occurs when available water supply is insufficient to
meet the normally expected customer demands at a given point in
time. A shortage may occur due to a number of reasons, such as
water supply quality changes, climate change, drought, regional
power outage, and catastrophic events (e.g., earthquake).
Additionally, the State of California (State) may declare a statewide
drought emergency and mandate that water suppliers reduce
demands. The WSCP serves as the operating manual that the
District will use to prevent catastrophic service disruptions through
proactive, rather than reactive, mitigation of water shortages. This
WSCP provides a process for an Annual Water Supply and
Demand Assessment (Annual Assessment) and structured steps
designed to respond to actual conditions. This level of detailed
planning and preparation provides accountability and predictability
that will help the District maintain reliable supplies and reduce the
impacts of any supply shortages and/or interruptions.
This WSCP was updated in July 2022 to transition the District’s
WSCP stages to match the State of California Department of Water
East Valley Water District Table of Contents
East Valley Water District 2 Water Shortage Contingency Plan
Resources (DWR) six standard stages and to provide the District
with additional flexibility in responding to State drought response
mandates with actions appropriate for the local water supply
conditions. This WSCP is a standalone document that can be
modified as needed. This document is compliant with the California
Water Code (CWC) Section 10632 and incorporated guidance from
DWR’s Urban Water Management Plan Guidebook.
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 2 Water Shortage Contingency Plan
The WSCP describes the following:
1.Water Service Reliability Analysis: Summarizes the District’s water supply analysis and
reliability and identifies any key issues that may trigger a shortage condition.
2.Annual Water Supply and Demand Assessment Procedures: Describes the key data inputs,
evaluation criteria, and methodology for assessing the system’s reliability for the coming year
and the steps to formally declare any water shortage stages and response actions.
3.Water Shortage Stages: Establishes six water shortage stages that align with DWR’s six
standard shortage stages to clearly identify and prepare for shortages that are in compliance
with regulatory requirements.
4.Shortage Response Actions: Describes the response actions that may be implemented or
considered for each stage to reduce gaps between supply and demand.
5.Communication Protocols: Describes communication protocols under each stage to ensure
customers, the public, and government agencies are informed of shortage conditions and
requirements.
6.Compliance and Enforcement: Defines compliance and enforcement actions available to
administer demand reductions.
7.Legal Authority: Lists the legal documents that grant the District the authority to declare a
water shortage and implement and enforce response actions.
8.Financial Consequences of WSCP Implementation: Describes the anticipated financial
impact of implementing water shortage stages and identifies mitigation strategies to offset
financial burdens.
9.Monitoring and Reporting: Summarizes the monitoring and reporting techniques used to
evaluate the effectiveness of shortage response actions and overall WSCP implementation.
Results are used to determine if shortage response actions should be adjusted.
10.WSCP Refinement Procedures: Describes the factors that may trigger updates to the WSCP
and outlines how to complete an update.
11.Plan Adoption, Submittal, and Availability: Describes the process for the WSCP adoption,
submittal, and availability after each revision.
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 3 Water Shortage Contingency Plan
1.0 Water Service Reliability Analysis
As part of the 2020 Integrated Regional Urban Water Management Plan (IRUWMP), the District
completed a water supply reliability analysis for normal, single-dry, and five-year consecutive dry year
periods from 2025-2045. A Drought Risk Assessment (DRA) was also performed to analyze supply
reliability under five consecutive years of drought from 2021-2025. As described in Chapter 3 of the
2020 IRUWMP, the effects of a local drought are not immediately recognized since the region uses
local groundwater basins to simulate a large reservoir for long term storage. The District is able to
pump additional groundwater from the San Bernardino Basin Area (SBB)to meet demands in dry years
when imported supplies are limited and participates in regional recharge efforts to replenish the basin
with imported water, local surface water and recycled water. . Additionally, the District implements
several ongoing water conservation measures. Regional recharge programs and conservation help to
optimize and enhance the use of regional water resources. Based on the 2020 IRUWMP analysis, the
District’s water supply is reliable and not expected to see impactful change under drought
conditions.
Even though localized drought conditions should not affect supply, other shortages may occur due to a
number of reasons, such as water supply quality changes, regional power outage, State mandates for
water use efficiency standards, and catastrophic events (e.g., earthquake). Therefore, the District will
use this WSCP as appropriate to address shortages and other supply emergencies or in compliance
with regulations.
2.0 Annual Water Supply and Demand Assessment
As an urban water supplier, the District must prepare and submit an Annual Assessment, starting in
2022. The Final Annual Assessment will be due by July 1 of every year, as indicated by CWC Section
10632.1. The Annual Assessment is an evaluation of the near-term outlook for supplies and demands
to determine whether the potential for a supply shortage exists and whether there is a need to trigger a
WSCP shortage stage and response actions in the current calendar year to maintain supply reliability.
This process will take place at the same time each year based on known circumstances and
information available to the District at the time of analysis and can be updated or revised at any time if
circumstances change.
The District will establish and convene an internal WSCP Team to conduct the Annual Assessment
each year. The WSCP Team may include, but is not limited to, the following staff:
Senior Engineer
Operations Manager
Production Supervisor
Conservation Coordinator
Business Services Manager
Public Affairs/Conservation Manager
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 4 Water Shortage Contingency Plan
Chief Financial Officer
The Annual Assessment procedure, including key data inputs and evaluation criteria, is summarized in
Table 1. The District’s Annual Assessment procedure and timeline, along with how it integrates with
the regional Annual Assessment that is conducted in parallel, is shown graphically in Figure 1.
Table 1. Annual Assessment Procedure
TIMING
ASSESSMENT
ACTIVITIES
PROCEDURE, KEY DATA INPUTS, EVALUATION
CRITERIA AND OTHER CONSIDERATIONS STAFF RESPONSIBLE
JAN -
MARCH
Estimate
unconstrained
demands for
coming year
Demands will be estimated based on water
sales forecasts from annual budget or prior
year demands plus any anticipated changes
Operations Manager
Chief Financial
Officer
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 5 Water Shortage Contingency Plan
TIMING
ASSESSMENT
ACTIVITIES
PROCEDURE, KEY DATA INPUTS, EVALUATION
CRITERIA AND OTHER CONSIDERATIONS STAFF RESPONSIBLE
JAN -
APRIL
Estimate
available
supplies for the
year,
considering the
following year
will be dry
Each December, the District submits an order
to San Bernardino Valley Municipal Water
District (Valley District) for the volume of
State Water Project (SWP) water that is
planned for use the following year. If the
requested volume is not available due to
reduced SWP supplies, the District will meet
with Valley District and other SWP users to
discuss reducing SWP orders and may
update the Annual Assessment to reflect a
shift from SWP to groundwater production, if
needed.
Estimates of available surface water supplies
from the Santa Ana River will be based on
contract month allotment and 25% of the river
flows in non-contract months.
The remainder of demand not met from SWP
and surface water will be pumped from the
SBB, which is sustainably managed to
provide long term supply reliability and is not
anticipated to experience supply shortages in
dry years. In the unlikely event that SBB
groundwater supplies are reduced, the
District will coordinate with the Basin
Technical Advisory Committee (BTAC) to
identify available supplies for the coming
year.
Operations Manager
Senior Engineer
JAN -
MARCH
Consider
potential
constraints that
may impact
supply delivery
Identify any known regional or District
infrastructure issues that may pertain to near-
term water supply reliability, including repairs,
construction, and environmental mitigation
measures that may temporarily constrain
capabilities, as well as any new projects that
may add to system capacity.
Identify any facilities out of service due to
water quality issues, equipment failure, etc.
that may impact standard water deliveries.
Operations Manager
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 6 Water Shortage Contingency Plan
TIMING
ASSESSMENT
ACTIVITIES
PROCEDURE, KEY DATA INPUTS, EVALUATION
CRITERIA AND OTHER CONSIDERATIONS STAFF RESPONSIBLE
Identify any potential or emerging impacts to
groundwater quality, such as emerging
regulatory constraints that may limit use of
available supplies for potable needs.
MARCH -
APRIL
Convene
WSCP Team to
conduct Annual
Assessment
Compare supplies and demands and discuss
any constraints that may impact supply
delivery. If the potential for a shortage exists,
determine which shortage response stage
and actions are recommended to reduce or
eliminate the shortage.
Additionally, if the State declares a drought
state of emergency and requires demand
reductions, the WSCP Team will determine
which water shortage stage and response
actions are needed to comply with the State
mandate.
WSCP Team
JUNE Board of
Directors
If the potential for a shortage exists or the
State has mandated demand reductionsthat
require action by the District’s Board of
Directors (Board), the results of the Annual
Assessment will be presented to the Board
including the recommended shortage stage
and response actions. The Board may
authorize the General Manager/CEO to
implement a shortage stage and adopt a
resolution declaring the applicable water
shortage stage and potential actions.
General
Manager/CEO
Board of Directors
Conservation
Coordinator
Public Affairs /
Conservation
Manager
ON-
GOING
Implement
WSCP actions,
if needed
Relevant members of District staff will
implement shortage response actions
associated with the declared water shortage
stage.
Conservation
Coordinator
Public Affairs /
Conservation
Manager
BY JULY 1 Submit Annual
Assessment
Send Final Annual Assessment to DWR WSCP Team
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 7 Water Shortage Contingency Plan
Figure 1. Regional and Retail Agency Annual Assessment Process and Timeline
3.0 Water Shortage Stages
With the exception of a catastrophic failure of infrastructure, the District does not foresee imposing a
water shortage stage due to a supply shortage. The District may impose water shortage stage to
encourage efficient water use and to comply with State drought mandates, such as those that occurred
in 2014 and recenrlty, in 2022 with Governor Newsom’s EO N-7-22, which required that urban water
suppliers implement demand reduction actions listed in the supplier’s state standard shortage Stage 2.
If a potential water supply shortage is identified in the Annual Assessment, this section provides
information on the water shortage stages and response actions that the District may implement.
The CWC outlines six standard water shortage stages that correspond to a shortage compared to
normal year availability. The six standard water shortage stages correspond to progressively increasing
estimated shortage conditions (up to 10-, 20-, 30-, 40-, 50-percent, and greater than 50-percent
shortage compared to the normal reliability condition) and align with the response actions that a water
supplier would implement to meet the severity of the impending shortages. To align with CWC, the
District uses six (6) shortage stages to identify and respond to water shortage conditions. At a
minimum, the District encourages Permanent Water Conservation Measures at all times, regardless of
a shortage condition, including encouragement of efficient outdoor use and discouragement of
everyday watering. Permanent Water Conservation Measures are listed in Section Error! Reference
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 8 Water Shortage Contingency Plan
source not found. and detailed in Section 15 of the East Valley Water District Regulations and Service
Ordinance (Ordinance 403).
Stage I – Water Shortage Warning
A Water Shortage Stage 1 – Water Shortage Warning shall be in effect when the District determines
there is a water supply shortage, or threatened shortage, condition of up to 10%, or if directed by an
executive order or regulation. The Board of Directors may then, by resolution, declare a water shortage
condition to prevail, and authorize the General Manager/CEO to enact the conservation measures
listed in Table 3 for Stage 1 in addition to the permanent water conservation measures. During these
conditions, all water customers are advised to continue to use water wisely, to prevent the waste or
unreasonable use of water, and to reduce water consumption to that necessary for ordinary domestical
and commercial purposes. In this stage, the primary focus is on increased outreach and education and
outdoor water use efficiency.
Stage II – Moderate Water Shortage:
A Water Shortage Stage 2 – Moderate Water Shortage shall be in effect when the District determines
there is a water supply shortage, or threatened shortage, condition of up to 20%, or if directed by an
executive order or regulation. The Board of Directors may then, by resolution, declare a water shortage
condition to prevail, and authorize the General Manager/CEO to enact the conservation measures
listed in Table 3 for Stage 2 in addition to the permanent water conservation measures and water
conservation measures implemented in Stage 1. To reduce demand during a Moderate Water Shortage
condition and all higher levels of conditions, the District will increase its public outreach and education
efforts to build awareness for efficient water use and encourage customers to repair leaks within 72
hours.
Stage III: Significant Water Shortage
A Water Shortage Stage 3 – Significant Water Shortage shall be in effect when the District determines
there is a water supply shortage, or threatened shortage, condition of up to 30%, or if directed by an
executive order or regulation. The Board of Directors may then, by resolution, declare a water shortage
condition to prevail, and authorize the General Manager/CEO to enact the conservation measures
listed in Table 3 for Stage 3 in addition to the permanent water conservation measures and water
conservation measures implemented in Stage 1 and Stage 2. To reduce demand during a Significant
Water Shortage condition and all higher levels of conditions, the District will begin to limit decorative
and recreational water features, require customer leak repair within 48 hours of notification from the
District, and implement other conservation measures listed in Table 3.
Stage IV: Severe Water Shortage
A Water Shortage Stage 4 – Severe Water Shortage shall be in effect when the District determines
there is a water shortage, or threatened water shortage, condition of up to 40%, or if directed by an
executive order or regulation. The Board of Directors may then, by resolution, declare a water shortage
condition to prevail, and authorize the General Manager/CEO to enact the conservation measures
listed in Table 3 for Stage 4 in addition to the permanent water conservation measures and water
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 9 Water Shortage Contingency Plan
conservation measures implemented in Stage 1, 2, and 3. To reduce demand during a Severe Water
Shortage condition and all higher levels of conditions, the District will impose further restrictions on
decorative and recreational water features, expand outreach and education efforts, expand indoor and
outdoor rebate programs, and other conservation measures listed in Table 3.
Stage V: Critical Water Shortage
A Water Shortage Stage 5 – Critical Water Shortage shall be in effect when the District determines
there is a water shortage, or threatened water shortage, condition of up to 50%, or if directed by an
executive order or regulation. The Board of Directors may then, by resolution, declare a water shortage
condition to prevail, and authorize the General Manager/CEO to enact the conservation measures
listed in Table 3 for Stage 5 in addition to the permanent water conservation measures and water
conservation measures implemented in Stage No. 1, 2, 3, and 4. To reduce demand during a Critical
Water Shortage condition and all higher levels of conditions, the District will prohibit filling or adding
potable water to decorative water features, and, upon direction of the General Manager/CEO, all
potable irrigation of turf is prohibited unless stated otherwise, use of potable water for construction site
preparation purposes is prohibited, and other conservation measures listed in Table 3.
Stage VI: Water Shortage Emergency
A Water Shortage Stage 6 –Water Shortage Emergency shall be in effect when the District determines
there is a water shortage, or threatened water shortage, condition of over 50%, or if directed by an
executive order or regulation. The Board of Directors may then, by resolution, declare a water shortage
condition to prevail, and authorize the General Manager/CEO to enact the conservation measures
listed in Table 3 for Stage 6 in addition to the permanent water conservation measures and water
conservation measures implemented in Stage 1, 2, 3, 4, and 5. To reduce demand during a Water
Shortage Emergency condition, the District will prohibit the use of non-recirculating systems at car
washes and commercial laundry facilities, impose a moratorium on new construction meter permits,
and, upon direction of the General Manager/CEO, prohibit all potable landscape irrigation, and other
additional conservation measures listed in Table 3.
General Manager/CEO Emergency Authority
The District’s Board of Directors authorizes the General Manager/CEO to implement and enforce
measures necessary to remain in compliance with emergency statewide mandatory conservation
measures. Actions taken by the General Manager/CEO in accordance with State regulations outside of
those listed in Ordinance 403 must be reported to the Board at the next regularly scheduled meeting. A
summary of the District’s Water Shortage stages is outlined in Table 2 below.
Table 2. DWR 8-1 Water Shortage Contingency Plan Stages
SHORTAGE
STAGE
PERCENT SHORTAGE RANGE
(NUMERICAL VALUE AS A
PERCENT)WATER SHORTAGE CONDITION
1 Up to 10%Water Shortage Warning
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 10 Water Shortage Contingency Plan
2 Up to 20%Moderate Water Shortage
3 Up to 30%Significant Water Shortage
4 Up to 40%Severe Water Shortage
5 Up to 50%Critical Water Shortage
6 >50%Water Shortage Emergency
4.0 Shortage Response Actions
This section was completed pursuant to CWC Section 10632(a)(4) and 10632.5(a) and describes the
response actions that will be implemented or considered for each stage to minimize social and
economic impacts to the community. Shortage response actions per water shortage stage are also
listed in the District’s Ordinance 403 Section 15 – Water Conservation.
In accordance with CWC 10632(b) the District analyzes and defines water features that are artificially
supplied with water, including ponds, lakes, waterfalls, and fountains, separately from swimming pools
and spas.
4.1 Demand Reduction
CWC Section 10632(a)(4) requires the WSCP to specify shortage response actions that align with the
defined shortage levels, and include, at a minimum, all the following:
Locally appropriate supply augmentation actions.
Locally appropriate demand reduction actions to adequately respond to shortages.
Locally appropriate operational changes.
Additional, mandatory prohibitions against specific water use practices that are in addition to
state-mandated prohibitions and appropriate to the local conditions.
An estimate of the extent to which the gap between supplies and demand will be reduced by
implementation of each action.
Shortage response actions included in this WSCP are a mix of prohibitions on end use, demand
reduction methods, supply augmentation, and operational change measures. DWR defines prohibitions
on end uses as measures to address areas that are the responsibility of the end users, such as a
broken sprinkler or leaking faucet. Demand reduction methods are actions invoked by a water agency
to reduce consumption, such as expanding public information campaigns and offering water use
evaluations. Supply augmentation is defined as any action designed to increase the existing supply
availability such as the use of emergency storage or acquiring additional transfer water. Operational
changes are defined as actions taken by the District to change the way in which existing supplies are
used within its service area.
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 11 Water Shortage Contingency Plan
4.2 Permanent Water Conservation Measures
The District’s Ordinance 403 establishes Permanent Water Conservation Measures that are in effect at
all times to protect and ensure a safe and reliable water supply. These measures are intended to
promote water conservation as a permanent way of life, even during years of normal or above normal
precipitation and water supplies. The following is a list of the permanent water conservation measures,
which are established in Ordinance 403, found in Attachment 1.
Excessive Irrigation and Related Waste - No property within the District service area shall cause
or permit the use of water for irrigation of landscaping or other outdoor vegetation, to exceed the
amount required to provide reasonable irrigation, and shall not cause or permit any
unreasonable or excessive waste of water from said irrigation activities or from watering devices
or systems.
Run-off - The free flow of water away from a service address is prohibited and shall be
presumptively considered excessive irrigation and waste.
Wash-down - No water provided by the District shall be used for the purposes of wash-down of
impervious areas without specific written authorization of the General Manager/CEO, except to
maintain health and safety standards.
Vehicle Washing - The washing of cars, trucks or other vehicles must be conducted with a hose
equipped with an automatic shut-off device, or at a commercial vehicle washing facility.
Decorative Water Features - Water fountains or other decorative water features must re-
circulate water.
Irrigation After Measurable Rainfall - The application of potable water to outdoor landscape for
irrigation purposes during or within 48 hours after at least ¼ inch of rainfall is prohibited.
Drinking Water Provided by Restaurants - Restaurants are prohibited from serving drinking
water to patrons unless requested.
Restaurants - All restaurants are required to use water conserving pre-rinse dish wash spray
valves.
Hotel and Motel - Hotels and motels must offer their guests the option to not have their linens
and towels laundered daily and must prominently display this option in each room.
Irrigation of Ornamental Turf on Medians and Parkways - Medians and bordering parkways
located within the right-of-way are prohibited to use potable water to irrigate turf. Bordering
parkways are considered the strips of non-functional ornamental turf adjacent to the street. The
continued irrigation and preservation of trees is encouraged.
Recreational Water Features - Recreational water features, such as pools and spas, are
encouraged to use evaporation resistant covers.
Leak Repair - All customers and service area residents are encouraged to repair leaks to
reduce water waste in a timely manner.
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 12 Water Shortage Contingency Plan
Budget-based Rates – The District will maintain a budget-based rate structure for all customers
to encourage efficient use of water.
Metering – The District will utilize Advanced Metering Infrastructure (AMI) meters to minimize
water loss, unbilled usage, and to provide more timely information on water use.
Water Use Evaluations – The District will provide water use evaluations at no charge to
customers. The District may provide historical water use data to commercial and industrial
facilities for use in developing water conservation plans for their facilities.
Indoor Rebate Programs – The District will implement programs to offer rebates to customers
for indoor high efficiency appliances and fixtures.
Outdoor Rebate Programs - The District will implement programs to offer rebates to customers
for high efficiency outdoor irrigation and other outdoor water use reduction measures.
Landscape Irrigation - The District will encourage efficient outdoor use and discourage everyday
watering to achieve conservation. The District may determine that landscape irrigation shall be
conducted only during specific hours and/or days and may impose other restrictions on the use
of water for such irrigation.
The goal of all demand reduction actions per water shortage stage is to balance supply and demand.
Table 3 summarizes these efforts and end use prohibitions.
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 13 Water Shortage Contingency Plan
Table 3. DWR 8-2 Demand Reduction Actions
SHORTAGE
STAGE
DEMAND
REDUCTION
ACTIONS
HOW MUCH IS
THIS GOING TO
REDUCE THE
SHORTAGE GAP?ADDITIONAL EXPLANATION OR REFERENCE
PENALTY,
CHARGE, OR
OTHER
ENFORCEMENT
All Landscape –
Other
landscape
restriction or
prohibition
0-1%Excessive Irrigation and Related Waste - No property within the District
service area shall cause or permit the use of water for irrigation of
landscaping or other outdoor vegetation, to exceed the amount required to
provide reasonable irrigation, and shall not cause or permit any
unreasonable or excessive waste of water from said irrigation activities or
from watering devices or systems.
Yes
All Landscape –
Restrict or
prohibit runoff
from landscape
irrigation
0-1%Run-off - The free flow of water away from a service address is prohibited
and shall be presumptively considered excessive irrigation and waste.
Yes
All Other – Prohibit
use of potable
water for
washing hard
surfaces
0-1%Wash-down - No water provided by the District shall be used for the
purposes of wash-down of impervious areas without specific written
authorization of the General Manager/CEO except to maintain health and
safety standards.
Yes
All Other – Require
automatic shut
off hoses
0-1%Vehicle Washing - The washing of cars, trucks or other vehicles is not
permitted, except with a hose equipped with an automatic shut-off device,
or a commercial facility.
Yes
All Water Features
– Restrict water
use for
decorative
water features,
such as
fountains
0-1%Decorative Features - Water fountains or other decorative water features
must recirculate water.
Yes
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 14 Water Shortage Contingency Plan
SHORTAGE
STAGE
DEMAND
REDUCTION
ACTIONS
HOW MUCH IS
THIS GOING TO
REDUCE THE
SHORTAGE GAP?ADDITIONAL EXPLANATION OR REFERENCE
PENALTY,
CHARGE, OR
OTHER
ENFORCEMENT
All Landscape –
Other
landscape
restriction or
prohibition
0-2%Irrigation After Measurable Rainfall - The application of potable water to
outdoor landscape for irrigation purposes during or within 48 hours after ¼
inch of rainfall is prohibited.
Yes
All CII -
Restaurants
may only serve
water upon
request
0-1%Drinking Water Provided by Restaurants - Restaurants are prohibited from
serving drinking water to patrons unless requested.
Yes
All CII –
Commercial
kitchens
required to use
pre-rinse spray
valves
0-1%Restaurants - All restaurants are required to use water conserving pre-
rinse dish wash spray valves.
Yes
All CII - Lodging
establishment
must offer opt
out of linen
service
0-1%Hotel and Motel - Hotels and motels must offer their guests the option to
not have their linens and towels laundered daily and must prominently
display this option in each room.
Yes
All Landscape –
Other
landscape
restriction or
prohibition
0-1%Irrigation of Ornamental Turf on Medians and Parkways - Medians and
bordering parkways located within the right-of-way are prohibited to use
potable water to irrigate turf. Bordering parkways are considered the strips
of non-functional ornamental turf adjacent to the street. The continued
irrigation and preservation of trees is encouraged.
No
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 15 Water Shortage Contingency Plan
SHORTAGE
STAGE
DEMAND
REDUCTION
ACTIONS
HOW MUCH IS
THIS GOING TO
REDUCE THE
SHORTAGE GAP?ADDITIONAL EXPLANATION OR REFERENCE
PENALTY,
CHARGE, OR
OTHER
ENFORCEMENT
All Other water
feature or
swimming pool
restriction
0-1%Recreational Water Features - Recreational water features, such as pools
and spas, are encouraged to use evaporation resistant covers.
No
All Other –
Customers
must repair
leaks, breaks,
and
malfunctions in
a timely manner
1-2%Leak Repair - All customers and service area residents are encouraged to
repair leaks to reduce water waste in a timely manner.
No
All Improve
Customer
Billing
0-5%Budget-based Rates – The District will maintain a budget-based rate
structure for all customers to encourage efficient use of water.
No
All Improve
Customer
Billing
0-1%Metering – The District will utilize Advanced Metering Infrastructure (AMI)
meters to minimize water loss, unbilled usage, and to provide more timely
information on water use.
No
All Offer Water Use
Surveys
0-5%Water Use Evaluations – The District will provide water use evaluations at
no charge to customers. The District may provide historical water use data
to commercial and industrial facilities for use in developing water
conservation plans for their facilities.
No
All Provide
Rebates on
Plumbing
Fixtures and
Devices
0-2%Indoor Rebate Programs – The District will implement programs to offer
rebates to customers for indoor high efficiency appliances and fixtures.
No
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 16 Water Shortage Contingency Plan
SHORTAGE
STAGE
DEMAND
REDUCTION
ACTIONS
HOW MUCH IS
THIS GOING TO
REDUCE THE
SHORTAGE GAP?ADDITIONAL EXPLANATION OR REFERENCE
PENALTY,
CHARGE, OR
OTHER
ENFORCEMENT
All Provide
Rebates for
Landscape
Irrigation
Efficiency
0-2%Outdoor Rebate Programs - The District will implement programs to offer
rebates to customers for high efficiency outdoor irrigation and other
outdoor water use reduction measures.
No
All Landscape –
Other
landscape
restriction or
prohibition
0-5%Landscape Irrigation - The District will encourage efficient outdoor use and
discourage everyday watering to achieve conservation. The District may
determine that landscape irrigation shall be conducted only during specific
hours and/or days and may impose other restrictions on the use of water
for such irrigation.
No
1 Expand Public
Information
Campaign
0-10%Outreach and Education - The District will implement outreach and
education programs encouraging outdoor and indoor water use efficiency.
No
2 Other –
Customers
must repair
leaks, breaks,
and
malfunctions in
a timely manner
1-5%Leak Repair – Customers are encouraged to repair water leaks within 72
hours of notification from the District.
No
2 Expand Public
Information
Campaign
1-5%Outreach and Education – The District will expand its public information
campaign on the water supply conditions and encourage efficient water
use indoors and outdoors.
No
3 Water Features
– Restrict water
use for
decorative
water features,
such as
fountains
1-3%Decorative Water Features – Customers are encouraged to not empty,
refill, or add water to decorative water features, including ponds, fountains,
and artificial lakes. Exceptions may be made by the General
Manager/CEO to sustain biological life, such as fish, or for municipally
owned or operated ponds.
No
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 17 Water Shortage Contingency Plan
SHORTAGE
STAGE
DEMAND
REDUCTION
ACTIONS
HOW MUCH IS
THIS GOING TO
REDUCE THE
SHORTAGE GAP?ADDITIONAL EXPLANATION OR REFERENCE
PENALTY,
CHARGE, OR
OTHER
ENFORCEMENT
3 Other water
feature or
swimming pool
restriction
0-1%Recreational Water Features – Customers are encouraged to not empty,
refill, or add water to recreational water features, such as pools or spas.
Exceptions may be made by the General Manager/CEO for municipally
owned or operated pools.
No
3 CII – Other CII
restriction or
prohibition
0-1%Non-recirculating Water Systems – Customers are encouraged to retrofit
non-recirculating systems at car washes and commercial laundry facilities
to install recirculation systems.
No
3 Other –
Customers
must repair
leaks, breaks,
and
malfunctions in
a timely manner
0-1%Leak Repair – Customers must repair leaks within 48 hours of notification
from the District.
Yes
4 Other – Prohibit
vehicle washing
except at
facilities using
recycled or
recirculating
water
0-1%Vehicle Washing - The washing of cars, trucks or other vehicles is not
permitted except at commercial vehicle washing facilities.
Yes
4 Water Features
– Restrict water
use for
decorative
water features,
such as
fountains
0-1%Decorative Water Features - Emptying, refilling, or adding water to
decorative water features is prohibited. Exceptions may be made to
sustain biological life, such as fish, or for municipally owned or operated
ponds. Requests for variances in water budgets will not be accepted.
Yes
4 Other water
feature or
swimming pool
restriction
0-1%Recreational Water Features - Emptying, refilling, or adding water to
recreational water features is prohibited. Exceptions may be made by the
General Manager/CEO for municipally owned or operated pools. Requests
for variances in water budgets will not be accepted.
Yes
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 18 Water Shortage Contingency Plan
SHORTAGE
STAGE
DEMAND
REDUCTION
ACTIONS
HOW MUCH IS
THIS GOING TO
REDUCE THE
SHORTAGE GAP?ADDITIONAL EXPLANATION OR REFERENCE
PENALTY,
CHARGE, OR
OTHER
ENFORCEMENT
4 Other –
Customers
must repair
leaks, breaks,
and
malfunctions in
a timely manner
0-1%Leak Repair – Customers must repair leaks within 24 hours of notification
from the District.
Yes
4 Provide
Rebates on
Plumbing
Fixtures and
Devices
1-2%Indoor Rebate Programs – The District will expand its indoor rebate
program to assist customers with mandatory conservation efforts.
No
4 Provide
Rebates for
Landscape
Irrigation
Efficiency
1-2%Outdoor Rebate Programs – The District will expand its outdoor rebate
program to assist customers with mandatory conservation efforts.
No
4 Expand Public
Information
Campaign
1-5%Outreach and Education – The District will expand targeted
communications focusing on customers with tier 3 usage and provide
educational opportunities, including workshops, classes, and other public-
facing community events.
No
5 Water Features
– Restrict water
use for
decorative
water features,
such as
fountains
0-1%Decorative Water Features - Filling or adding potable water to decorative
water features is prohibited except to sustain biological life.
Yes
5
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 19 Water Shortage Contingency Plan
SHORTAGE
STAGE
DEMAND
REDUCTION
ACTIONS
HOW MUCH IS
THIS GOING TO
REDUCE THE
SHORTAGE GAP?ADDITIONAL EXPLANATION OR REFERENCE
PENALTY,
CHARGE, OR
OTHER
ENFORCEMENT
5 Landscape –
Prohibit certain
types of
landscape
irrigation
0-5%Landscape Irrigation - Upon direction of the General Manager/CEO, all
potable irrigation of turf is prohibited unless stated otherwise. These
limitations do not apply to drought-tolerant landscapes, including trees and
shrubs.
Yes
5 Other – Prohibit
use of potable
water for
construction
and dust control
0-1%Construction Water – Upon direction of the General Manager/CEO, the
use of potable water for construction site preparation purposes is
prohibited, other than to maintain necessary fire and safety standards.
Yes
5 CII – Other CII
restriction or
prohibition
0-2%Agricultural Irrigation - Persons receiving water from the District who are
engaged in commercial agricultural practices, whether for the purpose of
crop production or growing of ornamental plants shall provide, maintain,
and use irrigation equipment and practices which are the most efficient
possible. Upon determination by the General Manager/CEO, these
persons may be required to prepare a plan within 30 days of request by
the District describing their irrigation practices and equipment, including
but not limited to, actions to be taken to improve water use efficiency or
justification that water use on the property is the most efficient possible.
The District will provide these facilities with information regarding the
average monthly water use by the facility for the last two-year period and a
free water use evaluation will be provided upon request. After review and
approval by the General Manager/CEO, the plan shall be considered
subject to inspection and enforcement by the District.
Yes
6 CII – Other CII
restriction or
prohibition
0-1%Non-recirculating Water Systems - Operation of non-recirculating systems
at car washes and commercial laundry facilities is prohibited
Yes
6 Landscape –
Prohibit all
landscape
irrigation
2-5%Landscape Irrigation - Upon direction of the General Manager/CEO, all
potable landscape irrigation is prohibited.
Yes
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 20 Water Shortage Contingency Plan
SHORTAGE
STAGE
DEMAND
REDUCTION
ACTIONS
HOW MUCH IS
THIS GOING TO
REDUCE THE
SHORTAGE GAP?ADDITIONAL EXPLANATION OR REFERENCE
PENALTY,
CHARGE, OR
OTHER
ENFORCEMENT
6 Moratorium or
Net Zero
Demand
Increase on
New
Connections
0-1%Construction Meters - No new construction meter permits shall be issued
by the District. All existing construction meters shall be removed and/or
locked, with the exception of critical infrastructure projects.
Yes
6 CII – Other CII
restriction or
prohibition
1-2%Parks and Schools - Upon direction of the General Manager/ CEO,
watering of parks, school grounds and golf courses is prohibited.
Yes
6 CII – Other CII
restriction or
prohibition
1-2%Commercial Nurseries and Livestock - Commercial nurseries shall
discontinue all watering and irrigation to permanent crops that take >5
years to replace. Watering of livestock is permitted as necessary.
Yes
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 21 Water Shortage Contingency Plan
4.3 Supply Augmentation
Table 4 identifies the supply augmentation actions the District can take in the event of a water shortage
condition. The District currently maintains interconnections with the City of San Bernardino Municipal
Water Department (SBMWD) and the City of Riverside. During water shortage conditions, the District
may be able to obtain supplemental water supply through these connections, if available.
Table 4. DWR 8-3R Supply Augmentation & Other Actions
SHORTAG
E STAGE
SUPPLY AUGMENTATION
METHODS AND OTHER
ACTIONS BY WATER
SUPPLIER
HOW MUCH IS THIS
GOING TO REDUCE
THE SHORTAGE
GAP? ADDITIONAL EXPLANATION OR REFERENCE
All Other purchases 0-100%The District has emergency water supply
connections to two adjacent water agencies
(SBMWD and the City of Riverside), volume
depends on supply availability from neighboring
agency
4.4 Operational Changes and Additional Mandatory
Restrictions
During shortage conditions, operations may be affected by supply augmentation or demand reduction
actions. The District will consider their operational procedures when it completes its Annual
Assessment.
4.5 Emergency Response Plan
In 2020, the District completed a Risk and Resilience Assessment (RRA) and Emergency Response
Plan (ERP) in accordance with America’s Water Infrastructure Act (AWIA) of 2018. The purpose of the
RRA and ERP is to meet the AWIA compliance requirements and plan for long-term resilience of the
District’s infrastructure. The RRA assessed the District’s water system to identify critical assets and
processes that may be vulnerable to human and natural hazards, and to identify measures that can be
taken to reduce risk and enhance resilience from service disruption for the benefit of customers. The
RRA identifies and characterizes both infrastructure-specific and system-wide vulnerabilities and
threats and quantifies the consequences of disruption. The RRA also identifies various options (and
constraints) in addressing and mitigating risk. The RRA, in conjunction with the ERP, charts a course
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 22 Water Shortage Contingency Plan
for water system resilience. The RRA also provided various recommendations to increase reliability of
the District’s system. Since critical pieces of infrastructure and specific vulnerabilities are detailed in the
RRA and ERP, the contents of the document are confidential and for use by District staff only.
However, the District can confirm that these plans meet the requirements set forth by AWIA and
evaluate seismic risks and mitigation actions to the District’s infrastructure.
In the event of a water shortage emergency resulting from equipment failure, power outage, or other
catastrophe, the District is prepared to purchase emergency water supplies from nearby agencies while
repairs or other remedial actions are underway. The District may also implement its six-stage plan for
conservation, as described above.
4.6 Seismic Risk Assessment and Mitigation Plan
Disasters, such as earthquakes, can and will occur without notice. In addition to the AWIA RRA and
ERP, the District has a 2020 Local Hazard Mitigation Plan (LHMP) that includes an assessment of
seismic risk and mitigation for water facilities. The contents of the LHMP document are confidential and
for use by District staff only.
The LHMP identified a set of hazard mitigation actions that are intended to reduce the impact of
hazards, including:
Design new District facilities to withstand an 8.0 earthquake. The area of Southern California in
which the District’s service area resides is a high earthquake risk and exists on the fault zone.
Pursue funding for retrofit programs to bring non-compliant structures up to code. These codes
help water agencies design and construct reservoirs, pump stations, groundwater wells, and
pipelines that resist the forces of nature and ensure safety.
4.7 Shortage Response Action Effectiveness
The District’s consultant, Water Systems Consulting (WSC) estimated the effectiveness of shortage
response actions in Error! Reference source not found. and Table 3 where data pertaining to such
actions were available. It is assumed that the effectiveness of the response actions is a result of
effective communication and outreach efforts.
5.0 Communication Protocols
East Valley Water District prioritizes effective communication, especially in times of a water shortage
emergency. The District routinely communicates details to customers regarding the announcement of
new or ongoing water shortage stages. Communication actions include, but are not limited to, bill
inserts, handouts, informational flyers, direct mail pieces to customers, newspaper advertisements,
news releases, social media outreach, and website content. The District continues to provide reminders
about shortage stages and encourages wise water use at all times.
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 23 Water Shortage Contingency Plan
6.0 Compliance and Enforcement
The District always discourages excessive water consumption. It is unlikely that the District would
implement drought penalties or charges for excessive use unless absolutely necessary to engage
unresponsive customers and/or to maintain compliance with State-mandated water shortage
declarations. Note that the District maintains authority to impose restrictions or discontinue service in
the case of repeat offenders as detailed in CWC.
The District focuses much of its drought response on education, informing customers of ways to
increase water use efficiency, and serving as an informational resource to the public. However, there
are times when additional measures must be utilized to protect the water supply. The District has
measures in place to address violations inOrdinance 403, which may result in the imposition of
surcharges and restriction and/or termination of water service as set forth below:
1.First Violation – For a first violation, the District shall issue a written notice of violation to the
water user violating the provisions of Ordinance 403. The notice shall be given pursuant to the
requirements of Section 15.12of Ordinance 403.
2.Second Violation: $100 Surcharge – For a second violation of Ordinance 403 within a 12-
month period, or failure to comply with the notice of violation within 30 days after notice of
imposition, a surcharge of $100 is hereby imposed for the meter through which the wasted
water was supplied.
3.Third Violation: $300 Surcharge – For a third violation of Ordinance 403 within a 12-month
period, or for continued failure to comply within 30 days after notice of imposition of second
violation sanctions, a one-month penalty surcharge of $300 is hereby imposed for the meter
through which the wasted water was supplied.
4.Fourth Violation: $500 Surcharge – For a fourth violation of Ordinance 403 within a 12-month
period, or for continued failure to comply within 30 days after notice of an imposition of third
violation sanctions, a one-month penalty surcharge in the amount of $500 is hereby imposed for
the meter through which the wasted water was supplied.
5.Fifth Violation: $500 Surcharge and/or Installation of a Flow Restrictor – For a fifth violation
of Ordinance 403 within a 12-month period, or for continued failure to comply within 30 days
after notice of an imposition of fourth violation sanctions, a one-month penalty surcharge in the
amount of $500 is hereby imposed for the meter through which the wasted water was supplied.
In addition to the surcharge, the District may, at its discretion, install a flow-restricting device at
such meter with a one-eighth inch (1/8") orifice for services up to one and one-half (1-1/2") inch
size, and comparatively sized restrictors for larger services, on the service of the customer at
the premises at which the violation occurred for a period of not less than 48 hours. The charge
to the customer for installing a flow-restricting device shall be based upon the size of the meter
and the actual cost of installation. The charge for removal of the flow- restricting device and
restoration of normal service shall be based on the actual cost of removal. Such restoration of
service shall not be made until the General Manager/CEO of the District has determined that the
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 24 Water Shortage Contingency Plan
water user has provided reasonable assurances that future violations of Ordinance 403 by such
user will not occur.
The General Manager/CEO may grant permits for uses of water otherwise prohibited under the
shortage response actions if they determine that restrictions herein would either:
Cause an unnecessary and undue hardship to the water customer or the public
Cause an emergency condition that affects the health, sanitation fire protection, or safety of the
water customer or of the public
Such exceptions may be granted only upon written request. Upon granting such exception, the General
Manager/CEO may impose any conditions determined to be just and proper.
7.0 Legal Authorities
A WSCP was first prepared by East Valley Water District in 1992 in response to Assembly Bill 11X (AB
11X), which was signed into law on October 14, 1991. The bill requires urban water suppliers providing
municipal water directly or indirectly to more than 3,000 customers or supplying more than 3,000 acre-
feet of water annually to draft a WSCP. Plan elements mandated by AB 11X are addressed therein.
This WSCP was subsequently incorporated into the District’s Ordinance 403 Section 15 – Water
Conservation (included as Attachment 1). This section of the Ordinance addresses shortage response
actions that the District has adopted for the following water shortage stages (1) Water Shortage
Warning, (2) Moderate Water Shortage, (3) Significant Water Shortage, (4) Severe Water Shortage, (5)
Critical Water Shortage, and (6) Water Shortage Emergency.
7.1 Water Shortage Emergency Declaration
In accordance with CWC Section Division 1, Section 350 – the District shall declare a Water Shortage
Emergency to prevail within the area served by such distributor whenever it finds and determines that
the ordinary demands and requirements of water customers cannot be satisfied without depleting the
water supply of the distributor to the extent that there would be insufficient water for human
consumption, sanitation, and fire protection.
7.2 Local/Regional Emergency Declaration
If a water shortage is imminent, the District shall coordinate with the cities, county, and local indigenous
communities in its service area for the possible proclamation of a local emergency.
8.0 Financial Consequences of WSCP
East Valley Water District makes contributions to a rate stabilization fund in accordance with a District
Designated Fund Policy established in July 2010. Funds discussed in the policy include the Rate
Stabilization Fund and the Capital Replacement Fund.
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 25 Water Shortage Contingency Plan
In the event of a water shortage, a two-point program will be utilized to meet the fiscal shortfall of
reduced water revenues:
1. Reduce operation and maintenance expenses.
2. Defer selected capital improvement projects until the water shortage situation improves.
3. Rate Stabilization Funds, once accumulated, will serve as a third means of meeting fiscal
shortfalls.
To ensure the District’s customers comply with Ordinance 403 Section 15 – Water Conservation and
CWC Chapter 3.3 (Excessive Residential Water Use During Drought), additional costs may be incurred
to monitor and enforce response actions. The incurred cost may vary depending on the shortage stage
and duration of the water shortage emergency.
9.0 Monitoring and Reporting
The water savings from implementation of the WSCP will be determined based on monthly production
reports which are reviewed and compared to production reports and pumping statistics from prior
months and the same period of the prior year. Under shortage conditions, these production reports
could be prepared as often as daily. At first, the cumulative consumption for the various sectors (e.g.,
residential, commercial, etc.) will be evaluated for reaching the target level of demand reductions. Then
if needed, individual accounts will be monitored. Weather and other possible influences may be
accounted for in the evaluation.
10.0 WSCP Refinement Procedures
The WSCP is best prepared and implemented as an adaptive management plan. The District will
utilize results obtained from its monitoring and reporting program to evaluate any needs for revisions.
Potential changes to the WSCP that would warrant an update include, but are not limited to, any
changes to trigger conditions for new water shortage stages, changes to the shortage stage structure,
and/or changes to shortage response actions.
Any prospective changes to the WSCP must be presented to the Community Advisory Commission and
the Legislative and Public Outreach Committee for feedback. Changes to the WSCP would then be
presented to the District’s Board of Directors for discretionary approval. Once discretionary approval
has been granted, the District will hold a public hearing, acquire and review any comments and adopt
the updated WSCP. Notices for refinement and the public hearing date are required to be published in
the local newspaper in advance of any public meetings.
11.0 Plan Adoption, Submittal and Availability
The District’s 2022 WSCP was made available for public review in July 2022 and a public hearing was
held on July 27, 2022 to receive public input on the draft plan.
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 26 Water Shortage Contingency Plan
The District’s Board of Directors adopted the WSCP at a public hearing on July 27, 2022. The
resolution of adoption is included as Attachment 2.
This WSCP was submitted to DWR through the WUE Data Portal within 30 days of adoption.
This WSCP was made available to the public on the District’s web site within 30 days of adoption.
If the District identifies the need to amend this WSCP, it will follow the same procedures for notification
to cities, counties and the public as those that were used for this WSCP.
East Valley Water District Water Shortage Contingency Plan
East Valley Water District 27 Water Shortage Contingency Plan
References
California Department of Water Resources. (2021). Urban Water Management Plan Guidebook 2020. Sacramento:
California Department of Water Resources.
Texas Living Waters Project. (2018). Water Conservation by the Yard: A Statewide Analysis of Outdoor Water
Savings Potential. Austin: Texas Living Waters Project, Sierra Club, National Wildlife Federation. Retrieved
from Texas Living Waters Project.
United States Environmental Protection Agency, Office of Water. (2002). Cases in Water Conservation: How
Efficiency Programs Help Water Utilities Save Water and Avoid Costs. United States Environmental
Protection Agency.
East Valley Water District Water Shortage Contingency Plan
Attachment 1: East Valley Water
District Regulations and Service
Ordinance 403
Attachment 2: Adoption
Resolution
East Valley Water District
Resolution 2022.13
1 | P a g e
RESOLUTION 2022.13
RESOLUTION TO THE BOARD OF DIRECTORS OF
THE EAST VALLEY WATER DISTRICT
ADOPTING STAGE 2 OF THE UPDATED WATER SHORTAGE
CONTINGENCY PLAN
WHEREAS, on October 19, 2021, Governor Newsom proclaimed a State of
Emergency to exist throughout the State of California due to extreme and expanding
drought conditions; and
WHEREAS, California is in a third consecutive year of dry conditions; and
WHEREAS, on March 28, 2022, Governor Newsom issued Executive Order N-
7-22 directing all Californians to conserve water and use water more efficiently indoors
and outdoors; and
WHEREAS, on May 24, 2022, the State Water Resources Control Board adopted
emergency regulations,
WHEREAS, on June 10, 2022, the emergency regulation went into effect and
will expire on June 10, 2023, unless the State Water Resources Control Board modifies it,
readopts it, or ends it before then, includes the following:
a. A requirement that each urban water supplier shall submit to the
Department of Water Resources a preliminary Annual Water Supply
and Demand Assessment no later than June 1, 2022; and
b. A requirement that urban water suppliers implement, at a minimum,
Level 2 of their water shortage response actions by June 10, 2022; and
c. A requirement to prohibit the use of potable water for irrigation of
non-functional turf at commercial, industrial, and institutional sites,
East Valley Water District
Resolution 2022.13
2 | P a g e
WHEREAS, on June 8, 2022, the Board of Directors of the East Valley Water
District adopted Resolution 2022.09 to authorize the General Manager/CEO to
implement Stage 2 of the District’s Water Shortage Contingency Plan to comply with the
emergency regulations; and
WHEREAS, on July 27, 2022, the Board of Directors of the East Valley Water
District adopted updated Water Conservation provisions in Ordinance 403 which
included changes to the District’s water shortage stages and shortage response actions;
and
WHEREAS, on July 27, 2022, the Board of Directors of the East Valley Water
District adopted Resolution 2022.12 approving the District’s updated Water Shortage
Contingency Plan which incorporates the changes in Ordinance 403; and
WHEREAS, Ordinance 403 Section 15.03 defines East Valley Water District’s
Level 2 water shortage response actions; and
WHEREAS, pursuant to Ordinance 403 Section 15.08.01 the Board of Directors
give the General Manager/CEO the authority to implement measures necessary to remain
in compliance with emergency statewide conservation measures.
WHEREAS, in accordance with applicable law, including Water Code sections
10608.26 and 10642, and Government Code section 6066, a Notice of a Public Hearing
regarding the District’s adoption of WSCP Level 2 was published within the jurisdiction
of the District on July 13, 2022 and July 20, 2022; and
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of East
Valley Water District to authorize the General Manager/CEO to implement the Stage 2 of
the District’s updated Water Shortage Contingency Plan, as follows:
Section 1. Leak Repair – Customers are encouraged to repair water leaks
within 72 hours; and
East Valley Water District
Resolution 2022.13
3 | P a g e
Section 2. Outreach and Education – The District will expand its public
information campaign on the water supply conditions and encourage efficient water use
indoors and outdoors.
ADOPTED, this 27th day of July 2022.
Ayes: Directors:
Noes:
Absent:
Abstain:
_____________________________
Phillip R. Goodrich
Board President
ATTEST:
_____________________________
John Mura
Board Secretary
July 27, 2022
I HEREBY CERTIFY that the foregoing is a full, true, and correct copy of Resolution
2022.13 adopted by the Board of Directors of East Valley Water District at its regular
meeting held on July 27, 2022.
_____________________________
John Mura
Board Secretary
Agenda Item
#4d
July 27, 20221
Meeting Date: July 27, 2022
Agenda Item #4d
Discussion Item
Regular Board Meeting with Closed Session
TO: Governing Board Members
FROM: General Manager/CEO
SUBJECT: Consider approval of the Water Systems Consulting, Inc. contract for the
development of the Drought Contingency Plan
RECOMMENDATION
Staff recommends that the Board of Directors approve the contract for Water Systems
Consulting, Inc. (WSC) for the development of the Drought Contingency Plan.
BACKGROUND / ANALYSIS
East Valley Water District values strategic and thoughtful planning and has identified
the opportunity to develop a Drought Contingency Plan (Plan) to maintain the proactive
efforts to protect and conserve our water supply. Proactively preparing for droughts,
allows for anticipation of impacts to the availability for service delivery.
During the previous fiscal year, the District was awarded a grant totaling $200,000 with
a 100% match by East Valley Water District to develop a Drought Contingency Plan.
The Plan would establish a process for monitoring near and long-term water availability
and create a framework for predicting the probability of future droughts. Following the
District’s purchasing policy, staff issued a request for proposals from firms to develop
the Plan. In working with the Bureau of Reclamation on this project, this effort will
complement other planning documents and provide eligibility for additional grant
funding opportunities.
District staff received one response and reviewed the submitted proposal to assess the
quality and plan structure. Staff is requesting for the Board of Directors to authorize the
General Manager/CEO to approve the contract award to WSC for a total of $389,000 for
the duration of 36 months. Based upon the previous project experience, industry
expertise, submittal proposal and Scope of Work (Exhibit A), staff is recommending the
selection of WSC as the firm to develop the Plan.
If approved, this plan development will include extensive stakeholder engagement and
inter-departmental coordination.
AGENCY GOALS AND OBJECTIVES
IV - Promote Planning, Maintenance and Preservation of District Resources
II - Maintain a Commitment To Sustainability, Transparency, and Accountability
Agenda Item
#4d
July 27, 20222
Meeting Date: July 27, 2022
Agenda Item #4d
Discussion Item
A. Practice Transparent and Accountable Fiscal Management
A. Develop Projects and Programs to Ensure Safe and Reliable Services
B. Enhance Planning Efforts that Respond to Future Demands
FISCAL IMPACT
The not-to-exceed contract amount of $389,000 will be funded by the $200,000 Bureau
of Reclamation grant received and this item has been budgeted in the Fiscal Year 2022-
23.
Recommended by:
________________
John Mura
General Manager/CEO
Respectfully submitted:
________________
Kelly Malloy
Director of Strategic Services
ATTACHMENTS
WSC Scope of Work
Exhibit A
Exhibit AExhibit A
Exhibit AExhibit A
Agenda Item
#4e
July 27, 20221
Meeting Date: July 27, 2022
Agenda Item #4e
Discussion Item
Regular Board Meeting with Closed Session
TO: Governing Board Members
FROM: General Manager/CEO
SUBJECT: Consider Approval of Board Meeting Cancellation
RECOMMENDATION
Staff recommends that the Board of Directors consider canceling the August 24, 2022
regularly scheduled Board meeting.
BACKGROUND / ANALYSIS
East Valley Water District’s regular Board meetings occur on the 2nd and 4th
Wednesdays of each month. Staff recommends that the Board of Directors approve the
cancellation of the August 24th Board meeting due to it falling during the California
Special Districts Association’s Annual Conference. Several staff and Board members will
be attending the conference, and on Wednesday, District staff will present The Five
Steps to Successful Community Support during one of the breakout sessions. The
cancellation will not impact District operations, and routine items are being scheduled
accordingly.
AGENCY GOALS AND OBJECTIVES
I - Implement Effective Solutions Through Visionary Leadership
C. Strengthen Regional, State and National Partnerships
II - Maintain a Commitment To Sustainability, Transparency, and Accountability
B. Utilize Effective Communication Methods
REVIEW BY OTHERS
This agenda item has been reviewed by Administration.
FISCAL IMPACT
There is no fiscal impact associated with this agenda item.
Agenda Item
#4e
July 27, 20222
Meeting Date: July 27, 2022
Agenda Item #4e
Discussion Item
Recommended by:
________________
John Mura
General Manager/CEO
Respectfully submitted:
________________
Justine Hendricksen
District Clerk
ATTACHMENTS
No attachments
Agenda Item #4f July 27, 20221
Meeting Date: July 27, 2022
Agenda Item #4f
Discussion Item
Regular Board Meeting with Closed Session
TO: Governing Board Members
FROM: Board Chairman
SUBJECT: Review General Manager/CEO Achievement of Goals and Objectives and
Consider Determination of Performance Award
RECOMMENDATION
Review and consider the General Manager/CEO mid-year performance award.
BACKGROUND / ANALYSIS
As a performance-based organization, the Governing Board assigns the General
Manager/CEO annual goals and objectives that guide District operations. In light of the
announced retirement of John Mura scheduled for August 2022, a mid-year
performance evaluation will assess the achievements during his final months serving in
that capacity. Subsequently, it will provide clarity in the expectations and remaining
efforts necessary for the individual selected as the next General Manager/CEO.
AGENCY GOALS AND OBJECTIVES
I - Implement Effective Solutions Through Visionary Leadership
D. Encourage Performance Based Results through Staff Empowerment
II - Maintain a Commitment To Sustainability, Transparency, and Accountability
A. Practice Transparent and Accountable Fiscal Management
REVIEW BY OTHERS
This agenda item has been reviewed by the Board of Directors and legal counsel.
FISCAL IMPACT
The fiscal impact of this item is dependent on the discretionary award of a performance
incentive as allowed by the employment agreement.
Agenda Item #4f July 27, 20222
Meeting Date: July 27, 2022
Agenda Item #4f
Discussion Item
Respectfully submitted:
________________
Phillip R. Goodrich
Board Chairman
ATTACHMENTS
No attachments