Water Conservation Emergency Regulations

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.

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.

• Resolution (issued 04/26/17)
• Press Release (issued 04/26/17)

• Adopted text of the Emergency Regulation (adopted 02/08/17)
• Adopted Resolution (adopted 02/08/17, corrected 02/27/2017)
• Final Regulation as Approved by OAL with Underline/Strikeout (approved 02/27/17)

• Urban Water Supplier self-certified Supply Reliability “Stress Test.” This is optional for qualifying suppliers, per Section 864.5 (j) and (k). Due March 15, 2017.
• Guidance - (shows online form with additional explanation)
• Online Water Supply Reliability Certification and Data Submission Form (Required) - by March 15, 2017 (No late submittals) Documents below are required and uploaded through the online form.
  • Worksheet 1 - Total Available Water Supply for Individual Water Supplier
  • Certification Form - Signed by general manager or equivalent
  • Analysis A supplier generated document of supporting analysis and calculations. Explains numbers provided in the online form and Worksheets. There is no specific form or format that must be used. See last page of Guidance.
  • Also see Guidance for other documents that are submitted with group submittals.
• Draft resolution and proposed text amending and readopting drought-related emergency regulations (02/02/17)
• Notice of Proposed Rulemaking (02/08/17)
• Emergency Regulation Digest 02/08/17)
• Press Release (02/08/17)
• Staff Presentation (02/08/17)
• Staff proposal for modifying regulation (distributed 01/17/17)

• Urban Water Supply Reliability “Stress Test” due March 15, 2017 (see above for information on submitting an assessment). This submittal is optional.
• Board Hearing on Emergency Regulation, February 8, 2017 Video (see Board Meeting Revised Agenda for Feb 7, which includes Feb 8)
  • Public written comments due 12 noon February 6, 2017
• Notice of Public Workshop on January 18, 2017 | Video (01/06/17) State Water Board public workshop to receive input on extension and potential modification of the current Emergency Regulation for Statewide Urban Water Conservation.
  • Public comments, due 12 noon January 12, 2017
  • Staff Presentation (01/18/17)

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).

• Press Release
• Executive Order B-37-16, May 9, 2016

• Staff "Stress Test" Presentation to the State Water Board
• Fact Sheet
• Summary of State-mandated Conservation Standards (12/22/16)
• Self-Certification Conservation Standards Submittals (12/22/16)
• Press Release

• Final regulation as approved by OAL with underline/strikeout (5/31/16)
• Adopted text of the Emergency Regulation (adopted 5/18/16)
• Adopted Resolution and text of the Emergency Regulation (adopted 5/18/16)

Emergency Regulation and Implementation Supporting Documents

• Submit Small Water Supplier Conservation Reports in December 2016 through the Small Water Supplier Reporting Tool (no-registration required). Report is due December 15, 2016. Tool will receive reports through December. Check Guidance to see if you need to report and on how to submit your report.
• Wholesale Urban Water Supplier Web Addresses to Information on Expected Supplies (6/17/16)
• Reminder to Wholesalers, June 15 due date
• Online Water Supply Reliability Documents (For Urban Water Suppliers submitting their Self-Certified Conservation Standard)
  • Online Water Supply Reliability Certification and Data Submission Form (Required) - by June 22, 2016 (closed to new submittals)
    • Guidance - (shows the form with additional explanation)
  • Worksheet 1 - Total Available Water Supply for Individual Water Supplier (Required)
  • Certification Form (Required)
  • Worksheet 2 - Calculation for Aggregated Self-Certification Conservation Standard (only completed if a wholesaler and all its customers submit an aggregated self-certification standard)
• Media Release: State Water Board Adopts Emergency Water Conservation Regulation (5/18/16)
• Fact sheet on extending the Emergency Regulation (5/18/16)
• Staff Presentation (5/18/16)
• Draft Resolution to Adopt Emergency Regulation (5/13/16)
• Notice of Proposed Emergency Rulemaking (5/13/16)
• Emergency Regulation Digest (5/13/16)
• Executive Order B-37-16, May 9, 2016
• Proposed text of the Emergency Regulation (5/9/16)
• Technical Fact sheet on extending the Emergency Regulation (5/9/16)

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

• Teleconference call to discuss online Water Supply Reliability Form: June 6 and June 7, 2016.
• Board Hearing on Emergency Regulation, May 18, 2016 Webcast
• Notice of Public Workshop on April 20, 2016 | Agenda | Webcast. (03/23/16)
  • Public comments, due 12 noon April 14, 2016
  • Presentations
    • State Water Board Staff | Supply-Demand Based Emergency Framework | Returning the Sacramento Region to Long-Term Conservation

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

• Final regulation as approved by OAL (02/11/16)
• Final regulation as approved by OAL with underline/strikeout (02/11/16)
• Media Release: State Water Board Adopts Extended Emergency Water Conservation Regulation (02/02/16)

Documents on Implementation of the Regulation

• Fact Sheet on Prohibitions for HOAs that Act Against Homeowners with Low-Water Landscapes During a Declared Drought (04/07/16)
• Fact Sheet on Submitting Information to Adjust a Supplier's Conservation Standard (02/16/16)
• Online tool for submitting information
• Fact Sheet on Extending the Emergency Regulation (updated 02/09/16)
• Frequently Asked Questions
• Submit information for a conservation standard adjustment and/or credit by March 15, 2016 - use the Urban Water Supplier Conservation Standard Adjustment Tool (registration required).
  • Fact sheet on Submitting Information to Adjust a Supplier's Conservation Standard
  • Certification form for New, Local, Drought-Resilient Supplies

Emergency Regulations Supporting Documents

• New Urban Water Supplier Conservation Standards (for all suppliers), Effective March 1, 2016 (04/12/16)
• Urban Conservation Standards for Suppliers that Submitted Adjustments by March 15, 2016 (04/12/16)
• Draft Urban Water Supplier Conservation Standards for Select Suppliers (supplier-submitted adjustments received by Feb 22, 2016) (03/10/16)
• Executive Order B-36-15, Nov 13, 2015
• Notice of Proposed Emergency Rulemaking (01/22/16)
  • Public Comments, due Jan 28, 2016
• Emergency Regulation Digest (02/02/16)
• Economic Impact Analysis (Jan 2016)
• Final Resolution to Adopt Emergency Regulation (02/03/2016)
• Draft Resolution to Adopt Emergency Regulation (01/27/16)
• REVISED Draft Urban Water Supplier for All Suppliers (with default climate adjustment) (03/09/16)
• Draft Urban Water Supplier Tiers (with climate adjustment) (02/04/16)
• Proposed Text of Extended Emergency Regulation (01/15/16)
• Proposed Regulatory Framework for Extended Emergency Regulation for Urban Water Conservation (12/21/15)
  • Public Comments, Jan 6, 2016

Public Workshop and Workgroup

• Public Workshop on Urban Water Conservation, December 7, 2015
  • Public Notice, Agenda, Public comments
  • Presentations:
    • State Water Board Staff; State Water Supply Outlook; Equity Adjustments for Climate, Economic Growth and Recycled Water; Drought-Resilient Supply Credits; Regional Compliance presentation and Handout; and Camrosa Water District
  • Webcast
• Water Conservation Workgroup

• Adopted Emergency Conservation Resolution and Regulation (05/05/15)
• Final Urban Water Supplier Conservation Tiers (PDF) (Excel) (07/15/15)
• Fact Sheets:
  • Implementing 25% Conservation Statewide (07/07/15)
  • Assessing Urban Water Supplier Compliance with the Mandatory Conservation Standards (07/07/15)
• Agricultural Water Use Exclusion Certification
• Conservation Water Pricing (05/19/15)

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

• Four Percent Reserve Tier Requirements (5/21/15)
• Requesting an Alternate Compliance Assessment (5/21/15)
• Office of Administrative Law Approved Update of Emergency Water Conservation Regulation (5/18/15)
• Exempting Emergency Water Production from the Conservation Standard (5/05/15)
• Adopted Emergency Conservation Resolution and Regulation (5/5/15)
• Media Release: State Water Board Adopts 25 Percent Mandatory Water Conservation Regulation (5/5/15)
• Adopted Emergency Regulations Without Markup (5/5/15)
• Adopted Regulations with Office of Administrative Law Markup (5/5/15)
• Adopted Emergency Regulations with Tracked Changes from April 28, 2015 (5/5/15)
• Public Comments regarding Proposed Emergency Conservation Regulation (5/4/15)
• Proposed Emergency Requlations to Achieve 25% Urban Conservation - Frequently Asked Questions (4/28/15)
• Notice of Proposed Rulemaking (4/29/15)
• Emergency Regulation Digest (4/29/15)
• Draft Resolution to Adopt Emergency Regulation (5/1/15)
• Fact Sheet on Proposed Emergency Regulation (4/28/15)
• Proposed Emergency Regulation Text (4/28/15)
• Proposed Urban Water Supplier Usage Tiers (4/28/15) | (Excel spreadsheet of data)
• Economic Impact Analysis (4/28/15)
• Public Comments regarding Draft Emergency Regulation for Mandatory Urban Water Conservation (4/22/15)
• Fact Sheet for General Information on 25% Statewide Reduction in Potable Urban Water Use (4/18/15)
• Fact Sheet on the Draft Emergency Regulation for Urban Water Conservation (4/18/15)
• Draft Emergency Regulation for Urban Water Conservation (4/18/15)
• Draft Urban Water Suppliers Usage Tiers (4/18/15) | (Excel spreadsheet of data)
• Public Comments regarding Proposal to Achieve 25% Urban Conservation (4/13/15)
• Fact Sheet on Mandatory Conservation Emergency Rulemaking (4/7/15)
• Proposed Regulatory Framework for Emergency Rulemaking (4/7/15)
• Proposal for Urban Water Supplier Usage Tiers (4/7/15) | (Excel spreadsheet of data)
• Executive Order B-29-15 (4/1/15)

Information in this section pertains to the rulemaking process for the emergency regulation that went into effect on March 27, 2015.

• State Water Board Correspondence to Hospitality Industry on Water Conservation - [en Español] (4/8/15)
• Office Administrative Law Approved Update of Emergency Water Conservation Regulations (3/27/15)
• Fact Sheet of Updated Approved Regulations (3/27/15)
• Adopted Resolution and Emergency Regulations (3/17/15)
• Press Release: State Water Board Expands and Extends Emergency Water Conservation Regulation (3/1/15)
• Staff Presentation, Item 7 at March 17, 2015 Board Meeting (3/17/15)
• Public Comments Received (3/16/15)
• Notice of Proposed Rulemaking (3/6/15)
• Proposed Emergency Regulations (3/6/15)
• Emergency Regulations Digest (3/6/15)

Information in this section pertains to the rulemaking process for the emergency regulation that went into effect on July 29, 2014.

• Office of Administrative Law Approved Emergency Water Conservation Regulations (7/29/14)
• Fact Sheet on Approved Regulations (7/29/14)
• Frequently Asked Questions (7/28/14)
• December 2014 Urban Water Conservation Workshop (including written comments)
• February 2015 Urban Water Conservation Regulation Input and Potential Next Steps
• Adopted Resolution and Emergency Regulations - [en Español] (7/16/14)
• Press Release: State Water Board Approves Emergency Regulation to Ensure Agencies and State Residents Increase Water Conservation - [en Español] (7/15/14)
• Staff Presentation for Item 10 - July 15, 2014 Board Meeting
• Public Comments Received (7/14/14)
• Notice of Proposed Emergency Rulemaking (7/8/14)
• Proposed Emergency Regulations (7/8/14)
• Emergency Regulations Digest (7/8/14)
• Media Call on Emergency Water Conservation Regulations (.mp3):
  • Part 1 (1:03:00 22.28MB) (7/8/14)
  • Part 2 (00:34:48 14.31MB) (7/8/14)