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HomeMy WebLinkAbout07.23.2014 WB Agenda Packet Regular MtgCity of Bakersfield Water Board Regular Meeting of July 23, 2014 Brush Creek feeding the Upper Kern River Water Resources File Packet WATER BOARD Harold Hanson, Chair Russell Johnson Bob Smith CITY OF BAKERSFIELD WATER BOARD REGULAR MEETING Wednesday, July 23, 2014 - 2:00 p.m. Water Resources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA 93311 AGENDA CALL TO ORDER 2. ROLL CALL 3. MINUTES A. Minutes of the Special Meeting of April 23, 2014 for approval - For Board Review and Action 4. PUBLIC STATEMENTS 5. KERN RIVER LEVEE DISTRICT 6. REPORTS A. Kern River & Isabella Reservoir Operations Report - For Board Information B. Council Referral from Councilmember Johnson requesting a Report on Various Proposals regarding State Groundwater Legislation, a Summary of the "Pavley" Bill, and Potential Impacts to the City - For Board Information C. Council Referral from Councilmember Johnson regarding State Emergency Water Conservation Regulations - For Board Information D. Council Referral from Councilmember Smith regarding Watering on Alternate Days - For Board Information 0 B A K E R S F I E L 1 D WATER BOARD Harold Hanson, Chair Russell Johnson Bob Smith CITY OF BAKERSFIELD WATER BOARD REGULAR MEETING Wednesday, July 23, 2014 - 2:00 p.m. Water Resources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA 93311 AGENDA CALL TO ORDER 2. ROLL CALL 3. MINUTES A. Minutes of the Special Meeting of April 23, 2014 for approval - For Board Review and Action 4. PUBLIC STATEMENTS 5. KERN RIVER LEVEE DISTRICT 6. REPORTS A. Kern River & Isabella Reservoir Operations Report - For Board Information B. Council Referral from Councilmember Johnson requesting a Report on Various Proposals regarding State Groundwater Legislation, a Summary of the "Pavley" Bill, and Potential Impacts to the City - For Board Information C. Council Referral from Councilmember Johnson regarding State Emergency Water Conservation Regulations - For Board Information D. Council Referral from Councilmember Smith regarding Watering on Alternate Days - For Board Information Water Board Agenda July 23, 2014 Page 2 7. HEARINGS 8. DEFERRED BUSINESS 9. NEW BUSINESS 10. MISCELLANEOUS 11. WATER BOARD STATEMENTS 12. CLOSED SESSION A. Conference with Legal Counsel - Existing Litigation Closed Session pursuant to Government Code section 54956.9(d)(1). (One Case) • North Kern Water Storage District v. City of Bakersfield Ventura County Superior Court Case o. 56 -2011 - 00408712- CU- CO -VTA 13. CLOSED SESSION ACTION 14. ADJOURNMENT 0 dazz-Z ART CH ANELLO, P.E. Water Resources Manager POSTED; July 18, 2014 Regular Water Board Meeting 3. MINUTES July 23, 2014 A. Minutes of the Special Meeting of April 23, 2014 for approval - For Board Review and Action le L 0 B A K E R S F 0�� I E L D MINUTES OF THE SPECIAL MEETING OF THE WATER BOARD - CITY OF BAKERSFIELD Wednesday, April 23, 2014 - 2:00 p.m. Water Resources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA 93311 CALL TO ORDER Chairman Hanson called the meeting to order at 2;00 p.m. 2. ROLL CALL Present; Chairman Hanson, Member Smith Absent; Vice -Chair Johnson 3. MINUTES A. Minutes of the Special Meeting of January 15, 2014 and March 13, 2014 for approval. Motion by Smith to approve the minutes of the Special Meetings of January 15, 2014 and March 13, 2014. APPROVED ALL AYES Johnson Absent 4. PUBLIC STATEMENTS None 5. KERN RIVER LEVEE DISTRICT None 6. REPORTS A. Kern River & Isabella Reservoir Operations Report John Ryan, Hydrographic Supervisor, reviewed the graphs and stated the Isabella storage is still very low, at 62,000 acre feet. The natural flow is down from the historic average. Mr. Ryan stated the forecasters in Sacramento reported approximately 8 inches of water content left, at 11,000 feet or greater. The Kern River Snow Pack Accumulation chart also reflects below normal. Board information only, no action taken. Bakersfield, California, April 23, 2014 - Page 2 6. REPORTS continued B. Isabella Dam Safety Modification Project Situation Report Art Chianello, Water Resources Manager, presented a video of what the Army Corp of Engineers is working on regarding the proposed spillway construction modifications to Isabella Dam and gave a brief update. The construction is scheduled to begin in 2017 and completed in 2022. Board information only, no action taken. 7. HEARINGS A. Hearing to consider adoption of City's 2010 Urban Water Management Plan. Art Chianello, Water Resources Manager, introduced Kevin Smead, Stetson Engineers, who has worked with staff on the Urban Water Management Plan in previous years, Kevin Smead, Stetson Engineers, gave a brief overview of the Urban Water Management Plan and preparation requirements. Hearing opened at 2;18 p,m, No one spoke at the hearing Hearing closed at 2;19 p,m. Motion by Smith to approve Resolution No. 02 -14WB of the Water Board Committee of the Council of the City of Bakersfield Adopting the 2010 Urban Water Management Plan. APPROVED ALL AYES Johnson Absent 8. DEFERRED BUSINESS None 9. NEW BUSINESS A. A Resolution of the Council of the City of Bakersfield Setting Domestic Water Availability Fees. Maurice Randall, Business Manager, stated the Domestic Water Availability Fee is charged to developers for construction in the City's service area for new development. The fee pays for installation of water wells and mainlines to provide water to the new development, This fee has no effect on existing customers' water rates. The municipal code requires review of the fees on an annual basis and any changes are made according to the Construction Cost Index. The increase is 1.96 %. Staff is requesting approval by the Water Board and recommends the resolution be forwarded to the full City Council for adoption at the public hearing scheduled on June 4, 2014. Bakersfield, California, April 23, 2014 - Page 3 9. NEW BUSINESS continued A. Motion by Smith to approve the resolution and forward to the full City Council for adoption at the scheduled public hearing on June 4, 2014. APPROVED ALL AYES, Johnson Absent B. Resolution of the Water Board Committee of the Council of the City of Bakersfield Adopting the Lower Kern River Mitigation Project Habitat Management Plan, Jason Meadors, Water Resources Director, gave a brief update of the plan and stated staff is working with the Environmental Protective Agency to ensure the proper steps are taken as required by the plan. Motion by Smith to approve Resolution No. 01 -14WB of the Water Board Committee of the Council of the City of Bakersfield Adoption of Lower Kern River Mitigation Project Habitat Management Plan. . APPROVED ALL AYES, Johnson Absent 10. MISCELLANEOUS None 11, WATER BOARD STATEMENTS Chairman Hanson stated for the record that he and other Water Board Members individually discuss agenda items prior to the meeting to be fully informed, allowing more time for public comment at the meetings. 12. CLOSED SESSION None 13. CLOSED SESSION ACTION None 14. ADJOURNMENT Chairman Hanson adjourned the meeting at 2;30 p.m. Harold Hanson, Chairman City of Bakersfield Water Board Bobbie Zaragoza, CMC Secretary, City of Bakersfield Water Board Regular Water Board Meeting REPORTS July 23, 2014 A. Kern River & Isabella Reservoir Operations Report - For Board Information �w V O NYY li `O /YY li W W a J J W m Q N 06 a W } O m J W U. ~Q W Q � T J C N C) c) W o N O J LL J M Q m W Z x W Y (SISOLDUOaed UI UOIJOAG13) 1=13V UI 3JdaOIS O O O O O LO It co N •- T T T T T O O O O O O O CF) 00 I- Cfl LO T aN003S aid 1333 oiano O O O O I;*- M N T d' T Q U) 6) a V T co L Q a T i co OF- 't (D LL T M T U CU 0 co O Z CO T U O Y I I O o o x o 0 0 C o O 00 0 o o, o_. o o- o 0 0 0 0� o U) o U') o crn o LO o LO O,l 0 O N � N Lo ti ,� M -, CO ,: N N T T LS U) .. O O O O O O LO It co N •- T T T T T O O O O O O O CF) 00 I- Cfl LO T aN003S aid 1333 oiano O O O O I;*- M N T d' T Q U) 6) a V T co L Q a T i co OF- 't (D LL T M T U CU 0 co O Z CO T U O Y I I I L 'O^ VJ � m N cu Cl) L V � ' N _o L Z I LL i O O O O O LO It co N •- T T T T T O O O O O O O CF) 00 I- Cfl LO T aN003S aid 1333 oiano O O O O I;*- M N T d' T Q U) 6) a V T co L Q a T i co OF- 't (D LL T M T U CU 0 co O Z CO T U O Regular Water Board Meeting b. REPORTS continued July 23, 2014 B. Council Referral from Councilmember Johnson requesting a Report on Various Proposals regarding State Groundwater Legislation, a Summary of the "Pavley" Bill, and Potential Impacts to the City - For Board Information Art Chianello From: Referrals <donotreply @bakersfieldcity.us> Sent: Thursday, May 08, 2014 3:38 PM To: Art Chianello; Amber Lawrence; Bobbie Zaragoza; Caleb Blaschke; Chris Huot; Jason Meadors; Michelle Cruz; Maurice Randall; Steven L. Teglia; CRMS Debug; Rhonda Smiley; Amber Lawrence; CRMS Debug Subject: New Referral :: SB 1168 Groundwater C 1168 Groundwater This email was generated to notify you that one of the Referral Groups you're in has been assigned a new Referral. Please visit http:Hreferrals/ for more information. URL: http: / /referraisNiewReferral.asnx ?id =482 Deadline: 5/15/2014 Work Description: Councilmember Johnson requested that ?the Water ?Board Committee ?look into Senator Pavley's Groundwater Bill, SB 1168 and how it can potentially impact the City of Bakersfield. Recommendations for Sustainable Groundwater Management: Developed Through a Stakeholder Dialogue May 2014 "GROUNDWATER IS ONE OF CALIFORNIA'S MOST IMPORTANT DROUGHT BUFFERS, AND CRITICAL TO A SUSTAINABLE WATER FUTURE" EXECUTIVE SUMMARY Groundwater is critical to California's water supplies, accounting for about 40 % of the water used in normal years and up to 60 % of the water used during droughts. Over 75 % of Californians —as many as 30 million people —rely on groundwater for a portion of their drinking water. Groundwater resources are essential to the state's multi - billion dollar agriculture industry, as well as other sectors of the economy. Groundwater basins are found throughout the state and store billions of gallons of water, eclipsing the size of any of the state's other reservoirs. As California confronts one of the worst droughts in recorded history, it is critical to consider ways to protect this invaluable resource for the present and future health of California's farms, cities, and environment. Managed correctly, groundwater provides a dependable and long -term supply of water for current and future generations. Groundwater can provide an essential buffer against droughts by providing additional water supplies in years when there is not enough rainfall or snow. Unfortunately, in many parts of California groundwater is being pumped much faster than it is being replenished naturally or through methods involving infrastructure. Similar to the way a checking account works, when groundwater withdrawals exceed deposits, the result is an "overdraft." Overdrafting our groundwater leaves less water available during critically dry years, when farmers need it most. It causes conflicts between neighbors and deprives future generations of a vital resource. As groundwater levels drop, the costs farmers and others must pay to retrieve that water can increase significantly. If enough of an overdraft occurs, the land can literally sink (called subsidence), causing significant damage to buildings and infrastructure, and leaving less room underground to store water in the future. In some cases, groundwater overdraft can result in significantly reduced water quality. The solution to this problem is a consistent, statewide approach for sustainable groundwater management. In January 2014 the Brown Administration released its California Water Action Plan that highlighted the importance of groundwater management at the local level. Shortly thereafter, the Brown Administration requested the California Water Foundation (CWF) to initiate a Stakeholder Dialogue ( "Dialogue ") and prepare a report to Governor Brown and the State Legislature with recommendations to achieve sustainable groundwater management. The Dialogue involved voices from agriculture, water agencies, under - represented communities, cities, environmental interests, and businesses throughout the state. CWF is deeply appreciative of all who participated and shared their perspectives. The extensive outreach from the Dialogue highlighted a number of key findings that support and inform a statewide approach to achieve sustainable groundwater management: • Groundwater is essential to California's economy, environment, and public health and safety. • Current groundwater trends are not sustainable. • Groundwater is closely linked to surface water, and is part of an interrelated system of water infrastructure, management, and the environment. • Groundwater is most effectively managed at a local and regional level. • Local groundwater managers require better tools to do their jobs. • Protection of private property and water rights is imperative. • Clear and meaningful state roles are needed to protect state interests. • Groundwater is an important source of drinking water. • Correcting the problem will take time, but in many places time is of the essence. • Funding is needed to support effective management. • Access to information is important for management and citizen understanding. • Comprehensive legislation is necessary to address the state's complex groundwater management challenges. The Dialogue built on these findings to develop seven recommendations that provide a framework for California to protect and sustainably manage its groundwater supplies so they are available when needed most by California's residences, farms, businesses, and environment, today and in the future. CWF's recommendations are: 1. Adopt a definition of "sustainable groundwater management." 2. Develop a statewide program that establishes a system of prioritization for all subbasins. 3. Establish local groundwater management entities (LGMEs). 4. Provide LGMEs with tools and authorities to achieve sustainability. 5. Require LGMEs to develop management plans with benchmarks and milestones. 6. Establish a clear and coordinated state role for assistance, oversight, and enforcement. 7. Provide funding for groundwater management. These seven recommendations constitute distinct elements of a complete and comprehensive program. CWF pledges to continue to work with the Brown Administration, the State Legislature, and the broad diversity of stakeholders interested in the sustainability of California's water resources, to further refine and implement this package of recommendations over the coming months. 2 \Ll A W A, E1,R ,T Proposed Groundwater Management Framework This figure illustrates local and state roles and authorities within CWFs proposed groundwater management framework. RECOMMENDATION ##3: EsTA8L1sH LOCAL GROUNDWATER MANAGEMENT ENTITIES Recommendation: The state program should require that LGMEs be established to manage groundwater subbasins, as follows: • Once an LGME is formed consistent with state guidelines and the state is notified, the LGME (and implementing agencies) should have access to the full set of tools and authorities provided by the program (Recommendation 4). • The LGME is accountable for meeting the goals of the GMP and meeting the goal of sustainable groundwater management. • Local decision - making by LGMEs should be transparent and reflect input from stakeholders and advisory committees as appropriate. • LGMEs should be formed within two years of the legislation's effective date. Interested parties from within the subbasin or in an adjacent subbasin may appeal the consistency of formation with state guidelines within a specified timeframe. LGMEs should be formed through any of the following mechanisms, to allow flexibility in meeting local needs and interests about appropriate governance structures while promoting accountability for achieving program goals. 1. Existing entities may organize and coordinate through formation of a Joint Powers Authority (JPA) , to form a single LGME. 2. Existing entities may organize through a formal agreement, such as an MOU, which identifies a single LGME to develop the GMP, and clearly defines roles and responsibilities of each implementing agency in achieving sustainability goals under the GMP. 3. Under the Special District Act, citizens may petition the legislature to form a new agency that may serve as an LGME. New authority should also be created allowing citizens to form a new public agency through an administrative process, similar to the Groundwater Management Agency Act, as described by the Governor's Commission to Review California Water Rights Law (1978). 19 Regular Water Board Meeting 6. REPORTS continued July 23, 2014 C. Council Referral from Councilmember Johnson regarding State Emergency Water Conservation Regulations - For Board Information Art Chianello From: Referrals <donotreply @bakersfieldcity.us> Sent: Thursday, July 17, 2014 9:51 AM To: Art Chianello; Amber Lawrence; Bobbie Zaragoza; Caleb Blaschke; Chris Huot; Deborah Lund; Jason Meadors; Linda Cohen; Michelle Cruz; Maurice Randall; Steven L. Teglia; Victoria Leon; CRMS Debug; Rhonda Smiley; Amber Lawrence; CRMS Debug Subject: New Referral :: SWRCB Water Conservation Guidelines Referral ID [513]:: SWRCB Water Conservation Guidelines This email was generated to notify you that one of the Referral Groups you're in has been assigned a new Referral. Please visit http:/ /referrals/ for more information. URL: http: / /referraisNiewReferral.aspx ?id =513 Deadline: 7/24/2014 Work Description: * ** Dual Referral to the Water Board and City Attorney * ** Councilmember Johnson requested that the Water Board discuss at its next meeting the guidelines for water conservation recently mandated by the State Water Resources Control Board. Additionally, he requested that the City Attorney research what authority a Charter City may have in relation to those mandates, and whether or not there is any flexibility for Charter Cities. State Water Board Approves Emergency Regulation to Ensure Agencies and State Residents Increase Water Conservation For Immediate Release July 15, 2014 Contact: George Kostyrko (916) 341-7365 In response to the ongoing severe drought, on Tuesday the State Water Resources Control Board approved an emergency regulation to ensure water agencies, their customers and state residents increase water conservation in urban settings or face possible fines or other enforcement. The new conservation regulation is intended to reduce outdoor urban water use. The regulation, adopted by the State Water Board, mandates minimum actions to conserve water supplies both for this year and into 2015. Most Californians use more water outdoors than indoors. In some areas, 50 percent or more of daily water use is for lawns and outdoor landscaping. Many communities and water suppliers have taken bold steps over the years and in this year to reduce water use; however, many have not and much more can and should be done statewide to With this regulation, all Californians will be expected to stop: washing down driveways and sidewalks; watering of outdoor landscapes that cause excess runoff; using a hose to wash a motor vehicle, unless the hose is fitted with a shut-off nozzle, and using potable water in a fountain or decorative water feature, unless the water is recirculated. The regulation makes an exception for health and safety circumstances. "We are facing the worst drought impact that we or our grandparents have ever seen," said State Water Board Chair Felicia Marcus. "And, more important, we have no idea when it will end. This C A L I F 0 R N I A E N V I R 0 N M E N T A L P R 0 T E C T 1 0 N A G E N C Y STATE WATER RESOURCES CONTROL BOARD lall)(11 I Street, Sacramento, CA 95814 • 916-341-5254 • Mailing Address: P.O. Box 100, Sacramento, CA 95812-0100 • www.waterboards ca. gov drought's impacts are being felt by communities all over California. Fields are fallowed; The new regulation was developed following two drought emergency declarations by Governor Brown. On January 17, Governor Edmund G. Brown Jr. issued a drought emergency proclamation following three dry or critically dry years in California. The April 25 Executive Order issued by the Governor directs the State Water Board to adopt an emergency regulation as it deems necessary, pursuant to Water Code section 1058.5, to ensure that urban water suppliers implement conservation measures. As drought conditions continue, the State Water Board may revisit this regulation and consider other measures to enhance conservation efforts throughout the state. Following Board adoption, the regulation will likely go into effect on or about August 1, following submittal to the Office of Administrative Law. The emergency regulation remains in effect for 270 days, unless extended by the State Water Board due to ongoing drought conditions. For more information on the proposals leading to this Board action, please visit the Emergency �i V U— Water (;onsel-Vatior website. Governor Brown has called on all Californians to reduce their water use by 20 percent and prevent water waste — visit SaveOurH20.org to find out how everyone can do their part, and visit Drought.CA.Gov to learn more about how California is dealing with the effects of the drought. STATE WATER RESOURCES CONTROL BOARD RESOLUTION NO. 2014 -0038 TO ADOPT AN EMERGENCY REGULATION FOR STATEWIDE URBAN WATER CONSERVATION On April 25, 2014, Governor Edmund G. Brown Jr. issued an executive order to strengthen the state's ability to manage water and habitat effectively in drought conditions and called on all Californians to redouble their efforts to conserve water. The executive order finds that the continuous severe drought conditions present urgent challenges across the state including water shortages in communities and for agricultural production, increased wildfires, degraded habitat for fish and wildlife, threat of saltwater contamination, and additional water scarcity if drought conditions continue into 2015. The iafional untegrat,, ,)rouaht Nato, .Lion 6ystem reported that nearly 80% of the state was reported to be under "extreme" drought conditions at the end of .Dune; 6. Many Californians have taken bold steps over the years and in this year to reduce water use; nevertheless, the dire nature of the current drought requires additional conservation actions from residents and businesses. Some severely affected communities have implemented water rationing, limiting water use in some cases to only 50 gallons per person per day, foregoing showers, laundry, toilet flushing, and all outdoor watering. N w 10. The State Water Board calls upon water suppliers to take the following actions: 4 11. The State Water Board calls on all Californians to take the following additional actions: • Further reduce water demand, whether by using less water in daily routines indoors and out, retrofitting appliances and installing greywater and rainwater catchment systems; and • Check residential and business water bills to see if there are high charges that may indicate a leak and to fix the leak, if they are able, or contact their local water utility if they need assistance. 12. The State Water Board encourages its staff, the Department of Water Resources, the Public Utilities Commission, urban water suppliers, and other local agencies to look for opportunities to encourage and promote new technologies that reduce water usage, including through timely access to water usage information and behavioral response. 13. The State Water Board encourages all state and local agencies to look for additional opportunities to minimize potable water use in outdoor spaces. 14. The State Water Board encourages investor -owned utilities to expeditiously submit applications for implementation of the regulations to the California Public Utilities Commission. CERTIFICATION The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on July 15, 2014. AYE: Chair Felicia Marcus Vice Chair Frances Spivy -Weber Board Member Steven Moore Board Member Dorene D'Adamo NAY: None ABSENT: Board Member Tam M. Doduc ABSTAIN: None ZS"(.rLP_ Jeanine Townsend Clerk°tb the Board 5 PROPOSED TEXT OF EMERGENCY REGULATIONS Article 22.5. Drouiiht EmerEency Water Conservation Sec. 863 Findinjzs of Droujzht Emergency (a) The State Water Resources Control Board finds as follows: ( 1) On January 17 2014, the Governor issued a proclamation of a state of emergency under the California Emergency Services Act based on drought conditions; (2) On April 25 2014 the Governor issued a proclamation of a continued state of emergency under the California Emergency Services Act based on continued drought conditions; (3) The drought conditions that formed the basis of the Governor's emergency proclamations continue to exist; (4) The present year is critically dry and has been immediately preceded by two or more consecutive below normal, dry, or critically dry years; and (5) The drought conditions will likely continue for the foreseeable future and additional action by both the State Water Resources Control Board and local water suppliers will likely be necessary to further promote conservation. Authority: Wat. Code, � 1058.5. References: Wat. Code, � 102, 104, 105. Sec. 864 Prohibited Activities in Promotion of Water Conservation (a) To promote water conservation each of the following actions is prohibited, except where necessary to address an immediate health and safety need or to comply with a term or condition in a permit issued by a state or federal agency: (1) The application of potable water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, non - irrigated areas, private and public walkways roadways parking lots or structures• (2) The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with a shut -off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use, (3) The application of potable water to driveways and sidewalks; and (4) The use of potable water in a fountain or other decorative water feature, except where the water is part of a recirculating system. (b) The taking of any action prohibited in subdivision (a) of this section, in addition to any other applicable civil or criminal penalties, is an infraction, punishable by a fine of up to five hundred dollars ($500) for each day in which the violation occurs. Authority: Wat. Code, 1058.5. References: Wat. Code, §§ 102, 104, 105. PROPOSED TEXT OF EMERGENCY REGULATIONS Sec. 865 Mandatory Actions by Water Suppliers (a) The term "urban water supplier," when used in this section, refers to a supplier that meets the definition set forth in Water Code section 10617, except it does not refer to suppliers when they are functioning solely in a wholesale capacity, but does apply to suppliers when they are functioning in a retail capacity. (b)(1) To promote water conservation, each urban water supplier shall implement all requirements and actions of the stage of its water shortage contingency plan that imposes mandatory restrictions on outdoor irrigation of ornamental landscapes or turf with potable water. (2) As an alternative to subdivision (b)(1), an urban water supplier may submit a request to the Executive Director for approval of an alternate plan that includes allocation -based rate structures that satisfies the requirements of chapter 3.4 (commencing with section 370) of division 1 of the Water Code, and the Executive Director may pprove such an alternate plan upon determining that the rate structure, in conjunction with other measures, achieves a level of conservation that would be superior to that achieved by implementing limitations on outdoor irrigation of ornamental landscapes or turf with potable water by the persons it serves to no more than two days per week. (c) To promote water conservation, each urban water supplier that does not have a water shortage contingency plan or has been notified by the Department of Water Resources that its water shortage contingency plan does not meet the requirements of Water Code section 10632 shall, within thirty (30) days, limit outdoor irrigation of ornamental landscapes or turf with potable water by the persons it serves to no more than two days per week or shall implement another mandatory conservation measure or measures intended to achieve a comparable reduction in water consumption by the persons it serves relative to the amount consumed in 2013. (d) In furtherance of the promotion of water conservation each urban water supplier shall prepare and submit to the State Water Resources Control Board by the 15th of each month a monitoring report on forms provided by the Board. The monitoring report shall include the amount of potable water the urban water supplier produced, including water provided by a wholesaler, in the preceding calendar month and shall compare that amount to the amount produced in the same calendar month in 2013. Be-i�ng October 15, 2014, the monitoring report shall also estimate the gallons of water per person per day used by the residential customers it serves. In its initial monitoring report, each urban water supplier shall state the number of persons it serves. (e) To promote water conservation, each distributor of a public water supply, as defined in Water Code section 350, that is not an urban water supplier shall, within thirty (30) days, take one or more of the following actions: (1) Limit outdoor irrigation of ornamental landscapes or turf with potable water by the persons it serves to no more than two days per week; or (2) Implement another mandatory conservation measure or measures intended to achieve a comparable reduction in water consumption by the persons it serves relative to the amount consumed in 2013. Authority: Wat. Code, 1058.5. References: Wat. Code, H 102, 104, 105; 350; 10617; 10632. Regular Water Board Meeting b. REPORTS continued July 23, 2014 D. Council Referral from Councilmember Smith regarding Watering on Alternate Days - For Board Information Art Chianello From: Referrals <donotreply @bakersfieldcity.us> Sent: Thursday, June 26, 2014 1:23 PM To: Art Chianello; Amber Lawrence; Bobbie Zaragoza; Caleb Blaschke; Chris Huot; Jason Meadors; Michelle Cruz; Maurice Randall; Steven L. Teglia; CRMS Debug; Rhonda Smiley; Amber Lawrence; CRMS Debug Subject: New Referral :: Residential Watering on Alternate Days Residential Referral ID [5111 :: • on This email was generated to notify you that one of the Referral Groups you're in has been assigned a new Referral. Please visit http:Hreferrals/ for more information. URL: http :HreferraisNiew Referral .aspx ?id =511 Deadline: 7/3/2014 Work Description: * ** Referral to the Water Board * ** Councilmember Smith requested that the Water Board discuss the method used by other cities to require a residential watering schedule on alternating days, and how Bakersfield might accomplish that should the drought condition worsen from Stage 2 to Stage 3 next year. Regular Water Board Meeting 12, CLOSED SESSION July 23, 2014 A. Conference with Legal Counsel - Existing Litigation Closed Session pursuant to Government Code section 54956.9(d)(1). (One Case) • North Kern Water Storage District v. City of Bakersfield Ventura County Superior Court Case o. 56 -2011 - 00408712- CU- CO -VTA BA ADMINISTRATIVE REPORT L� WATER BOARD LIFO � MEETING DATE: July 23, 2014 AGENDA SECTION: Closed Session ITEM: 12.A TO: Harold Hanson, Chairman Russell Johnson, Commissioner Bob Smith, Commissioner FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD DATE: May 28, 2014 CITY ATTORNEY SUBJECT: Conference with Legal Counsel — Existing Litigation Closed session pursuant to Government Code section 54956.9(d) (1). (One case) APPROVED /9- vC1110- • North Kern Water Storage District v. City of Bakersfield Ventura County Superior Court Case No. 56 -201 1- 00408712- CU- CO -VTA VG:dll S: \WATER \Waterboard \13 -14 Clsessionadmin \07- 23- 14.Exisllit.Docx 5/28/2014