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Water Conservation Emergency Regulations

As climate change-induced extreme weather continues to disrupt California's water system, the State Water Resources Control Board adopted emergency regulations that continue to encourage Californians to use water wisely and make conservation a way of life. Local water suppliers may have adopted stricter water conservation measures than the State Water Board's, so water customers should check with local agencies about their current restrictions.

  Update

The emergency drought proclamation is still in effect: Governor Newsom's March 24, 2023, Executive Order (N-5-23), which reduced emergency drought requirements, did not immediately terminate State Water Board (Board) water conservation emergency regulations. Please see below for more details, which are accurate as of December 26, 2023.

  • For urban water suppliers, statewide Level 2 demand reduction actions not required: The requirement for urban water suppliers to implement demand-reduction actions that correspond to at least Level 2 of their water shortage contingency plans has not been in effect since June 5, 2023. Local authorities may adopt different and/or stricter water conservation measures; check with your supplier about current local restrictions.
  • For commercial, institutional, and HOA common areas, decorative grass watering remains banned: The Emergency Regulation to Ban Decorative Grass Watering (non-functional turf irrigation) in commercial, industrial, and institutional areas, including HOA common areas is in effect and the Board may continue to enforce it; it is set to expire in June 2024, unless the Board takes further action. This ban coincides with the state’s long-term goal of Making Conservation a California Way of Life, regardless of the weather. In October 2023, the California State Legislature passed Assembly Bill 1572, which phases in a ban on decorative grass watering in commercial, industrial, and institutional areas permanently.
  • Emergency prohibition on wasteful water uses has expired: The Emergency Regulation to Prohibit Wasteful Water Uses (like refilling fountains without recirculating pumps, overwatering landscapes, watering grass within 48 hours of rainfall, etc.) expired on December 21, 2023. Local authorities may adopt different and/or stricter water conservation measures; check with your supplier about current local restrictions.

What are HOA requirements during drought emergencies, especially the ban on watering decorative grass?

The ban on using potable water to irrigate decorative grass applies to property a homeowners' association (HOA) owns or maintains, and not the grass of individual residences (or separate interests). While an individual's property is considered residential, property owned or maintained by an HOA is treated the same as other landscapes owned by commercial or institutional entities. The regulation does not ban watering grass with recycled water, watering grass regularly used for recreation or community activities, or watering trees or other plants.

An HOA should review areas of grass that it maintains, consult with residents, and determine whether the grass is decorative (“non-functional”). Water suppliers may defer to HOAs' determinations that specific areas of grass are used for recreation or community events. However, water suppliers also retain the authority to enforce the watering ban if there is a documented violation.

According to the Davis-Stirling Act, an HOA may not impose a fine for reducing watering of lawns or vegetation during a drought emergency that was either declared by the Governor or local government. Additionally, homeowners may remove their lawns and replace them with water-wise plants. If a homeowner installs water-efficient landscaping during the drought, an HOA cannot prevent them from maintaining it or require them to remove it when there is no longer a drought state of emergency. An HOA also cannot prohibit, or include conditions that have the effect of prohibiting, the use of low water-using plants as a group or as a replacement of existing grass. Please refer to the documents and links below for more information on HOAs and drought emergency resources:

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Contact Us

Media Contact:

Edward Ortiz, Office of Public Affairs
Edward.Ortiz@Waterboards.ca.gov

Water Conservation Emergency Regulations Questions:

Chris Hyun
(916) 322-9633
Christopher.Hyun@waterboards.ca.gov

Paola Gonzalez
(916) 322-8417
Paola.Gonzalez@waterboards.ca.gov

Current Statewide Water Conservation Emergency Regulations

The box below contains the documents and details of the current emergency regulation.

Emergency Regulation to Ban Decorative Grass Watering (effective since June 2022)

On March 28, 2022, Governor Newsom directed the State Water Board to consider adopting an emergency regulation to ban decorative grass watering (non-functional turf irrigation) in commercial, industrial, and institutional areas. On March 24, 2023, Governor Newsom's Executive Order retained a state of emergency for all 58 counties and maintained the ban on wasteful water uses, such as watering decorative grass on commercial properties. To ensure all Californians take sufficient steps to save water and preserve the State's water supply, the State Water Board has taken the actions in the following timeline.

Timeline

  • May 24, 2022: State Water Board adopted the emergency regulation to ban decorative grass watering (non-functional turf irrigation)
  • June 10, 2022: Original Emergency regulation took effect, upon completion of Office of Administrative Law process
  • May 26, 2023: State Water Board readopted the emergency regulation to ban decorative grass watering
  • June 5, 2023: Readopted emergency regulation took effect, upon completion of Office of Administrative Law process. It will remain in effect for one year from the effective date, unless the State Water Board modifies it, readopts it, or ends it before then.

Emergency Regulation Requirements (more in the documents below)

  • Commercial, industrial, and institutional decorative grass should not be watered (with limited exceptions)
  • Give all trees just what they need: avoid overwatering

June 2023 Readoption Documents

June 2022 Emergency Regulation Documents

Emergency Rulemaking Archive

  The water conservation emergency regulations below are not in effect. They are listed here only for reference.

In 2021, Governor Newsom proclaimed a drought state of emergency for all counties in California, urging Californians to step up their water conservation efforts and encouraging the State Water Board to prohibit certain wasteful water uses. The State Water Board has found that an emergency exists due to drought conditions. To ensure all Californians take sufficient steps to save water and preserve the State’s water supply, the State Water Board has taken the actions in the following timeline.

Timeline

  • January 4, 2022: State Water Board adopted the prohibited wasteful water uses emergency regulation.
  • December 7, 2022: State Water Board readopted the prohibited wasteful water uses emergency regulation.
  • December 21, 2022: Readopted emergency regulation took effect, upon completion of Office of Administrative Law process.
  • December 21, 2023: The emergency regulation expired.

Helpful Water Conservation Practices

  • Turn off decorative water fountains
  • Turn off/pause your irrigation system when it's raining and for two days after rain
  • Use an automatic shutoff nozzle on your water hose
  • Use a broom, not water, to clean sidewalks and driveways
  • Give trees just what they need: avoid overwatering

December 2023 Readoption Documents - Rulemaking in process

  • Notice of Proposed Emergency Rulemaking (11/20/2023)
  • Draft Proposed Regulation Text (11/20/2023)
  • Draft Informative Digest and Fiscal Impact (11/20/2023)
  • Draft Resolution to Adopt Emergency Regulation (11/20/2023)

December 2022 Readoption Documents - in effect since December 2022

January 2022 Emergency Regulation Documents

Following unprecedented water conservation and plentiful winter rain and snow, on April 7, Governor Edmund G. Brown Jr. ended the drought State of Emergency in most of California, while maintaining water reporting requirements and prohibitions on wasteful practices such as watering during or right after rainfall. Executive Order B‑40‑17 lifts the drought emergency in all California counties except Fresno, Kings, Tulare, and Tuolumne, where emergency drinking water projects will continue to help address diminished groundwater supplies. The Order also rescinds two emergency proclamations from January and April 2014 and four drought-related Executive Orders issued in 2014 and 2015. Executive Order B-40-17 builds on actions taken in Executive Order B‑37‑16, which remains in effect, to continue making water conservation a way of life in California. The State Water Resources Control Board maintains urban water use reporting requirements and prohibitions on wasteful practices such as watering during or after rainfall, hosing off sidewalks and irrigating ornamental turf on public street medians. As directed by Governor Edmund G. Brown Jr. in Executive Order B-37-16, the Board will separately take action to make reporting and wasteful water practices permanent.

State Water Board Partially Repeals Emergency Regulation on April 26, 2017

The Executive Director for the State Water Resources Control Board rescinds the water supply stress test requirements and remaining mandatory conservation standards for urban water suppliers. The action was in response to Governor Brown's announcement earlier this month ending the drought state of emergency and transitioning to a permanent framework for making water conservation a California way of life. Current prohibitions against wasteful water use practices and requirements for monthly water use reporting remain in place.

Supporting Documents Process

Making Water Conservation a California Way of Life, Implementing Executive Order B-37-16 On Wednesday, November 30, 2016, State Agencies released to the public a draft report for Making Water Conservation A California Way of Life. The Draft Report addresses elements of Executive Order B-37-16, which asked five state agencies to develop a framework for using water more wisely, eliminating water waste, strengthening local drought resilience, and improving agricultural water use efficiency and drought planning. The public agencies, including the Department of Water Resources, State Water Board, California Energy Commission, Public Utilities Commission, and Department of Food and Agriculture, will accept comments on the report through December 19, 2016 (please send all comments to: wue@water.ca.gov).

Self-Certification of Supply Reliability "Stress Test" Results - August 2016 State Water Board Adopts Emergency Regulation on May 18, 2016

Emergency Regulation and Implementation Supporting Documents

Process to Adjust February 2016 Regulation in Response to Precipitation Since February 2016

State Water Boards Adopts Extended Regulations for Water Conservation on February 2, 2016

Documents on Implementation of the Regulation

Emergency Regulations Supporting Documents

Public Workshop and Workgroup

Information in this section pertains to the rulemaking process for the emergency regulation that went into effect on May 18, 2015.