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Home My WebLink AboutItem 7a - 2022 Water Resources Status Report Item 7a Department: Utilities Cost Center: 6001 For Agenda of: 5/3/2022 Placement: Public Hearing Estimated Time: 30 minutes FROM: Aaron Floyd, Utilities Director Prepared By: Nick Teague, Water Resources Program Manager SUBJECT: 2022 WATER RESOURCES STATUS REPORT RECOMMENDATION Receive and file the City’s 2022 Water Supply and Demand Assessment. REPORT-IN-BRIEF Results of the Water Supply and Demand Assessment show that the City has more than ten years of water available under a continued drought scenario with current water supply and demand conditions. The Water Supply and Demand Assessment also shows that the City has long term water supplies to support the existing and planned growth within the City. The supply thresholds are currently not met which would require the City to enter into a water shortage emergency in any month during the Current Year or following a Dry Year. With drought awareness rising throughout the State, and with many other agencies not in the resource position the City is in, the City will continue to conduct outreach to inform community members on the City’s water supplies, water and community planning, and resiliency efforts made to ensure long-term sustainable water resource availability. City Staff will continue to closely monitor water supply and use and keep both the Council and Community informed of any required or necessary actions. DISCUSSION Background As California enters the third year of a statewide drought, an understanding of the City’s current and projected water supply is imperative to ensuring that adequate resources are available to meet community needs. The City’s Water Resources Status Report (WRSR) was prepared in accordance with the General Plan, Water and Wastewater Management Element (WWME), Policy A5.3.1.1 1 General Plan, Water and Wastewater Management Element, Program A 5.3.1, states “An update on water supply accounting and demand projections will be presented to the City Council as part of the annual Water Resources Status Report.” Page 329 of 395 Item 7a Previous WRSRs were presented to City Council for approval at, or around, the beginning of each calendar year and reported data corresponding to the preceding Water Year (October 1 through September 30), the twelve-month period for which precipitation totals are measured. Current and future WRSRs will be provided in the newly mandated Water Supply and Demand Assessment and will report data corresponding to the current Fiscal Water Year (July 1 through June 30). This change in reporting period is required to meet State reporting requirements (Water Code §10632.1).2 Current Water Supply Status The City’s water supply reservoirs (Nacimiento, Salinas, and Whale Rock) are located in different local watersheds in northern San Luis Obispo County and along the north coast (Figure 1). Having geographically diverse reservoirs allows the City to maximize the capture of rainfall at various locations within San Luis Obispo County (Figure 1 and Table 1), providing benefits to the City’s water supplies beyond just rainfall received within the City. As shown in Table 1, during Fiscal Year 20-21 (FY 2021), all of the watersheds that provide water to City reservoirs received less than average rainfall. Precipitation for FY 2022 is also below average but slightly greater than the total precipitation for FY 2021. Figure 1: Map of reservoirs and rain gauge locations. 2 California Water Code 10632.1, states “An urban water supplier shall conduct an annual water supply and demand assessment pursuant to subdivision (a) of Section 10632 and, on or before July 1 of each year, submit an annual water shortage assessment report to the department with information for anticipated shortage, triggered shortage response actions, compliance and enforcement actions, and communication actions consistent with the supplier’s water shortage contingency plan.” Page 330 of 395 Item 7a Table 1: Rainfall during the 2021 and 2022 Fiscal Years (in inches) Rainfall Measurement Location Watershed Annual Average Rainfall1 FY 2021 Total Rainfall FY 2022 Total Rainfall Rocky Butte Nacimiento Reservoir 36 20 29 HWY 46 and W 7 Mile Road, Cambria, CA Whale Rock Reservoir 19 10 12 SLO Reservoir San Luis Obispo Creek 17 12 13 Salinas Dam Salinas Reservoir 18 12 13 Notes: 1. Calculated using data from fiscal years 2011 through 2021. Reservoir storage volumes as of March 31, 2022, are shown below in Table 2. While precipitation has been below average for FY 2022, total capacity has decreased less than 15 percent in all of the reservoirs since March 31, 2021 and has only decreased by one percent in Whale Rock Reservoir. Table 2: Current Reservoir Volumes and Change in Volume from Fiscal Year 2021 Reservoir Volume (acre-feet) City Allocation (acre-feet)1 Total Percent Capacity Change from FY 2021 Acre- feet % Capacity Nacimiento 105,250 3,498 28% -47,425 -13% Whale Rock 29,802 15,856 77% -498 -1% Salinas 14,907 12,907 63% -2,101 -9% Notes: 1. As of April 1, 2022. Annual dependable yield is 5,482 acre-feet. As shown in Table 3 (below), the City’s FY 2021 demand was 5,228 acre-feet. The per- capita demand during this period was 101 gallons per capita per day (GPCD).3 Forty- seven percent (47%) of this demand was supplied by Nacimiento Reservoir, 49% was supplied by Whale Rock and Salinas Reservoirs, and 5% was supplied by recycled water. The volume utilized from Nacimiento Reservoir during FY 2021 is lower than the Cit y’s target of about 85% (4,500 acre-feet) because repairs to the Nacimiento supply pipeline prevented delivery of water from Nacimiento Reservoir to the City during the period December 2020 through March 2021. 3 General Plan, Water and Wastewater Management Element, Program A 5.2.1, states “The City will utilize the per capita water use rate allowed by Senate Bill X7-7 for projecting future potable water demand established as 117 gallons per capita per day.” Page 331 of 395 Item 7a Table 3: City Water Supply Used by Source during Fiscal Year 2021 (in acre-feet1) Nacimiento Reservoir Whale Rock Reservoir 2 Salinas Reservoir Recycled Water Groundwater 3 Total City Water Demand 2,449 1,183 1,337 259 0 5,228 47% 23% 26% 5% 0% 100% Notes: 1. Values are rounded. 2. Water delivered to Cal Poly State University is excluded from the City’s water demand, as Cal Poly has its own water storage and water diversion rights in Whale Rock Reservoir. 3. Groundwater was not used for potable purposes during Fiscal Year 2021. Available Supply Water Resource Availability is calculated based on WWME, Section 3.4 Water Resource Availability for FY 2022 is 10,140 acre-feet (Table 4), which includes 5,482 acre-feet of dependable yield from Nacimiento Reservoir, 4,910 acre-feet of safe annual yield from Salinas and Whale Rock Reservoirs5, 248 acre-feet of Recycled Water (2021 calendar- year usage) and subtracts 500 acre-feet due to estimated reservoir capacity losses from siltation in Salinas and Whale Rock Reservoirs (WWME Policy A 4.2.2).6 Per WWME, Section 5, the City accounts for water supplies necessary to meet three specific community needs: 7 1. Primary water supply8 – the amount of water needed to serve the City’s future residential and non-residential water demand 2. Reliability reserve9 – the buffer for future unforeseen or unpredictable long-term water supply impacts 3. Secondary water supply10 – the amount of water needed to meet peak water demand periods or short-term loss of City water supply sources. 4 “General Plan, Water and Wastewater Management Element.” City of San Luis Obispo, https://www.slocity.org/home/showdocument?id=6649 5 General Plan, Water and Wastewater Management Element, Program A 3.0 , states “For Salinas and Whale Rock Reservoirs the term “safe annual yield” is used to define the annual amount of water available from these two resources. The two reservoirs are operated in a coordinated manner to increase the available water.” 6 General Plan, Water and Wastewater Management Element, Program A 4.2.2, states “The City will account for estimated safe annual yield losses at Salinas and Whale Rock Reservoirs through 2060 by deducting 500 acre-feet of available water supplies to account for these future losses. The siltation rate will be updated as information becomes available from subsequent siltation analyses.” 7 General Plan, Water and Wastewater Management Element, Program A 5.0, states “The City will account for water supplies necessary to meet three specific community needs: 1) primary water supply, 2) reliability reserve, and 3) secondary water supply.” 8 Primary Water Supply is calculated using the City’s buildout population and the water use rate of 117 gallons per capita per day per policy A 5.2.2. 9 Reliability Reserve was calculated using the City’s population and 20 percent of the wat er use rate of 117 gallons per capita per day, per policy A 5.2.3. 10 General Plan, Water and Wastewater Management Element, Program A 5.2.4, states “After accounting for primary water supply and a reliability reserve, any remaining water supplies shall be utilized for meeting short-term water supply shortages or peak water demands.” Page 332 of 395 Item 7a Table 4: Fiscal Year 2022 Annual Water Supply Availability (in acre-feet) Total Water Availability Primary Water Supply Reliability Reserve Secondary Water Supply 10,140 7,496 1,207 1,437 During FY 2021 the City registered 4,743 acre-feet of water use at metered locations (Table 5). About 485 acre-feet of water (9 percent of the City’s Water Supply) were lost to distribution system leaks and other distribution system processes. The City’s water loss is less than the national average of about 15%. The largest demand for water in FY 2021 was for residential use (66%) and the second largest demand for water was for commercial, industrial, and institutional uses (20%). Demand for potable irrigation, non-potable (recycled water) irrigation, and recycled water for construction purposes were each less than 10% of the total demand. Year-to-date (July-February) metered data for FY2022 show similar demand patterns as FY 2021. The breakdown of metered water use in the City by sector is as shown in Table 5 (below). Table 5: City Water Demand by Sector During the 2021 and 2022 Fiscal Years (in acre-feet) Residential Commercial, Industrial, Institutional Landscape Irrigation (Potable) Landscape Irrigation (Recycled) Construction (Recycled) Total Metered Use FY 2021 66% 20% 9% 5% <1% 4,743 FY 2022 (year- to-date)1 65% 22% 8% 4% 1% 3,130 Notes: 4. July 2021 through February 2022. Water Shortage Assessment The City utilizes a Water Projection Model to test both hypothetical and actual water demand scenarios and to forecast how long water supplies will sustain the community under specific conditions. The Water Projection Model accounts for the storage in the City’s surface water reservoirs, other available resources, current and projected demands, and climate data. The model uses historical hydrologic information (rainfall, evaporation, inflow) based on the average for the worst drought period (2012 to 2014). Per the City’s 2020 Water Shortage Contingency Plan (WSCP), the Water Supply and Demand Assessment will utilize the Water Projection Model to determine current demand, future demand, and any associated water shortages. Additionally, the State suggests that water providers evaluate water supply and demand on a monthly time-step for the current Page 333 of 395 Item 7a fiscal year (FY 2022) and a hypothetical dry year so that potential seasonal water shortages are highlighted and accounted for.11 11 “Water Supply and Demand Assessment Draft Guidance.” State of California, https://water.ca.gov/- /media/DWR-Website/Web-Pages/Programs/Water-Use-And-Efficiency/Urban-Water-Use- Efficiency/Annual-Water-Supply-and-Demand-Assessment/AWSDA-Draft-Guidance--2022-3-1-.pdf Page 334 of 395 Item 7a Results of the Water Supply and Demand Assessment show that the City has more than ten years of water available under a drought scenario with current water supply and demand conditions. These results do not meet the thresholds which would require the City to enter a water shortage emergency in any month during the Current Year or following Dry Year. Drought Executive Order N-7-22 and how it affects City In response to the current Statewide drought, Governor Gavin Newson signed Executive Order N-7-22 on March 28, 2022, ordering the State Water Resources Control Board (Water Board) to consider water use restrictions by May 25, 2022. The order also includes provisions that are effective immediately and are intended to mitigate the worsening effects of the current drought. If implemented by the Water Board, the water use restrictions would require the City to enter Stage 2 of the WSCP. At Stage 2 of the WSCP, the City increases programs that encourage voluntary water conservation, examines available alternative water sources, modifies internal operations to focus on decreasing water loss, ceases any short -term outside-City water sales/leases, and implements time of use irrigation restrictions (only allowed 7:00 PM – 7:00 AM). As part of the upcoming Supplemental Budget, the Utilities Department will request additional one-time funds to support drought-and water conservation-related activities that will be required by the executive order. Continued Communication Surrounding the Statewide Drought and Local Conditions The Utilities Department is revising its communications related to drought and water supply topics to be able to provide succinct information that is easily accessible to the community. While the City has ample water supplies to meet current and future demands, it is important to ensure that the community is aware of local water-supply conditions and how those compare to statewide drought conditions and other agencies water-supplies. Topics for expanded drought communication will include: 1. Current Water Supply Conditions 2. Water Supply Planning and Policies 3. Water Supply for Existing and Future Development 4. The City’s Multi-Source Water Supply 5. Water Planning Through a Changing Climate 6. A History of Water Conservation 7. How the City is Conserving Water 8. How the Community can Conserve Water 9. A Look to the Future – Water Efficiency Regulation and Additional Supply Page 335 of 395 Item 7a Previous Council or Advisory Body Action The Council adopted the City’s 2020 WSCP on June 15, 2021. Should the Water Board enact the provisions requiring urban water suppliers to enter Stage 2 of their WSCP, staff will request Council to formally declare a water shortage emergency and adopt a Wat er Shortage Ordinance that reflects the Water Shortage Response Actions contained in Stage 2 of the WSCP. Policy Context The 2022 Water Supply and Demand Assessment was prepared in accordance with the General Plan, Water and Wastewater Management Element, Policy A5.3.112 and Water Code §10632.1.13 Public Engagement The City will communicate current water-supply conditions and the results of the Water Supply and Demand Assessment on the Utilities Department website. Additionally, this information will be incorporated into future public communications material and into future water supply planning. A copy of this report and the Water Supply and Demand Assessment will be sent to the Planning Commission upon receival by City Council. ENVIRONMENTAL REVIEW The 2022 Water Supply and Demand Assessment is not a "project" under the California Environmental Quality Act (CEQA), because the action does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, Section 15378. FISCAL IMPACT Budgeted: Yes Budget Year: 2021-22 Funding Identified: Yes Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund N/A State Federal Fees Other: Total N/A 12 “General Plan, Water and Wastewater Element.” City of San Luis Obispo, https://www.slocity.org/home/showdocument?id=6649 13 Cal. Water Code §10632.1. Page 336 of 395 Item 7a There are no fiscal impacts associated with the recommended action. However, additional funding to respond to the drought will be requested as part of the 2022-23 budget supplement. Per the City’s WSCP Stage 2, the Utilities Department will need to temporarily increase staffing to provide the needed outreach and customer interaction to achieve additional voluntary conservation savings while preparing for Alert-Critical stages. Funding will also be used to encourage voluntary water conservation, including rebate programs, and water efficient fixture giveaways. ALTERNATIVES Council could decide not to receive and file the 2022 Water Supply and Demand Assessment and provide direction to staff on desired modifications. Staff does not recommend this alternative as the report was prepared in compliance with General Plan, Water and Wastewater Management Element, Policy A5.3.1 and satisfies the requirements of California Water Code §10632.1. ATTACHMENTS A - 2022 Water Supply and Demand Assessment B - 2020 Water Shortage Contingency Plan C - Executive Order N-7-22 Page 337 of 395 Page 338 of 395 2022 Water Supply and Demand Assessment For the Time Period July 1, 2021 through June 30, 2023 Salinas Reservoir Spillway. Page 339 of 395 City of San Luis Obispo 2022 Water Supply and Demand Assessment Page 2 I. INTRODUCTION California Water Code (CWC §10632.1.)1 directs urban water suppliers (Suppliers) to conduct an Annual Water Supply and Demand Assessment (Water Supply Assessment) for the purpose of (i) evaluating its water supply reliability for the current year and one dry year and (ii) generating and submitting an Annual Shortage Report by July 1 every year starting July 1, 2022. The procedures for conducting a Water Supply Assessment shall include the following: CWC §10632(a)(2)(A) The written decision-making process that an urban water supplier will use each year to determine its water supply reliability. CWC §10632(a)(2)(B) The key data inputs and assessment methodology used to evaluate the urban water supplier’s water supply reliability for the current year and one dry year, including all of the following: CWC §10632(a)(2)(B)(i) Current year unconstrained demand, considering weather, growth, and other influencing factors, such as policies to manage current supplies to meet demand objectives in future years, as applicable. CWC §10632(a)(2)(B)(ii) Current year available supply, considering hydrological and regulatory conditions in the current year and one dry year. The annual supply and demand assessment may consider more than one dry year solely at the discretion of the urban water supplier. CWC §10632(a)(2)(B)(iii) Existing infrastructure capabilities and plausible constraints. CWC §10632(a)(2)(B)(iv) A defined set of locally applicable evaluation criteria that are consistently relied upon for each annual water supply and demand assessment. CWC §10632(a)(2)(B)(v) A description and quantification of each source of water supply. The City’s 2022 Water Supply Assessment was prepared in accordance with the General Plan, Water and Wastewater Management Element, Policy A5.3.1.2 The methods for calculating water supply and water demand have been modified to match the reporting requirements of the Water Supply Assessment and are described below. II. DECISION MAKING PROCESS The CWC does not specify the type of year the Suppliers should use to do the Water Supply Assessment (Calendar or Fiscal). However, the California Department of Water Resources (DWR) recommends that the one Dry Year begin in July.3 For this Water Supply Assessment, which will be submitted by July 1, 2022, the Dry Year will therefore cover the twelve months from July 2022 to June 2023. Each subsequent Water Supply Assessment will define the Dry Year period as July 1st of the Water Supply Assessment year 1 Cal. Water Code §10632.1. can be accessed at: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=WAT&sectionNum=10632 2 The City’s General Plan, Water and Wastewater Element is available at: https://www.slocity.org/home/showdocument?id=6649 3 The State of California’s Water Supply and Demand Assessment Draft Guidance states “Characteristic of a dry year is at the discretion of the Supplier, but it should be adequately defined and ideally align with one of the WSCP water shortage levels. The assumed Dry Year conditions are often based on a previous historic dry year, such as the driest year on record. Suppliers presented their defined historic Dry Year in their UWMP Table 7 -1. For the purpose of this Guidance, the Dry Year data will be applied over the twelve -month period beginning July 1st (the due date of the current Annual Shortage Report).” Page 340 of 395 City of San Luis Obispo 2022 Water Supply and Demand Assessment Page 3 through June of the next calendar year. The Current Year for this Water Supply Assessment will cover the twelve months from July 2021 through June 2022. The Current Year and Dry Year periods for this Water Supply Assessment are concurrent with the City’s 2021 and 2022 Fiscal Year periods, respectively. The City utilizes a Water Projection Model to test both hypothetical and actual water demand scenarios and to forecast how long water supplies will sustain the community under specific conditions. The Water Projection Model accounts for the storage in the City’s surface water reservoirs, in conjunction with other available resources (i.e., groundwater and recycled water), needed to meet the City’s water demand. The model uses historical hydrologic information (rainfall, evaporation, inflow) based on the average for the worst drought period (2012 to 2014). Other data included in the model are: a. Water entitlement b. Current reservoir levels/storage c. Average gallons per capita per day community water demand d. Rainfall e. Temperature f. Evaporation g. Existing population h. Population growth Utilizing the Water Projection Model as part of its water supply management, the City can foresee whether a water supply shortage is anticipated in any given year, and the severity of a shortage based on the availability of the City’s different sources of supply and water demand trends. The City uses the Water Projection Model to study the potential impacts of various intensities of drought conditions, including increased temperature and evaporation rates, along with decreased precipitation. Per the City’s 2020 Water Shortage Contingency Plan (WSCP), the Water Supply Assessment will utilize the Water Projection Model to determine current demand, future demand, and any associated water shortages.4 Water supply and demand are presented in the units of acre-feet (AF). Annual available supply is determined using existing methods (General Plan Water and Wastewater Management Element (WWME), Section 3)5. Annual demand for the purposes of estimating Current Year and Dry Year demand is determined using a modification of the methods described in the City’s method for determining Primary Water Supply (WWME, Section 5) as described below. Current Year monthly demand is determined using actual metered data when available; however, for the months when metered data have not been collected, demand is calculated using the methods described in this report. III. WATER SUPPLY REALIABILITY EVALUATION Description and Quantification of Each Water Supply Source Per the General Plan Water and Wastewater Management Element, Policy A2.2.1, the City uses multiple water sources to meet its water supply needs.6 The City has four primary water supply sources: Nacimiento Reservoir, Whale Rock Reservoir, Salinas Reservoir, and recycled water. The City intends to use its contractual water supply from Nacimiento Reservoir first, with Whale Rock Reservoir and Salinas 4 The City’s Water Shortage Contingency Plan is available at: https://www.slocity.org/home/showpublisheddocument/30334/637575513697770000 5 The City’s General Plan, Water and Wastewater Element is available at: https://www.slocity.org/home/showdocument?id=6649 6 General Plan, Water and Wastewater Management Element, Program A 2.2.1, states “The City shall utilize multiple water resources to meet its water supply needs.” Page 341 of 395 City of San Luis Obispo 2022 Water Supply and Demand Assessment Page 4 Reservoir used as needed to meet the City’s overall potable water demand. Groundwater serves as the City’s fifth supplemental water source. Substantial work efforts are being made to better understand the City’s groundwater supplies and how they may be fully utilized in the future. Recycled water is used as a non-potable source for irrigation and construction purposes within City limits. Nacimiento Reservoir In 1959, the San Luis Obispo Flood Control and Watershed Protection District (San Luis Obispo District) entered into an agreement with Monterey County Flood Control and Water Conservation District (now Monterey County Water Resources Agency) to secure rights to 17,500 AF of water per year (AFY) from Nacimiento Reservoir. Nacimiento Reservoir is located entirely within San Luis Obispo County, California (County), and was built by Monterey County Flood Control and Water Conservation District who continues to control reservoir ownership and operations. Nacimiento Reservoir has a storage capacity of 377,900 AF and serves the purpose of abating seawater intrusion in the groundwater aquifers of the Salinas River Valley, while also providing flood protection and groundwater recharge for the Salinas Valley. Of the San Luis Obispo District’s entitlement, 1,750 AFY have been designated for uses around the lake, leaving 15,750 AFY for allocation to other areas within the County of San Luis Obispo. Water is delivered via a 45-mile pipeline from Nacimiento Reservoir to participating agencies and cities. The “dependable yield” from Nacimiento Reservoir is the contractual amount of water that the City has rights to from Nacimiento Reservoir. The City’s original amount contracted for was 3,380 AFY. Engineering studies, environmental impact reports, dependable yield analyses, and preliminary design reports were completed to ensure water needs within the County were met. In 2004, the County requested interested agencies to approve the contractual agreements for participation in the Nacimiento Project. The four initial project participants included the cities of San Luis Obispo and Paso Robles, the Atascadero Mutual Water Company, and the Templeton Community Services District. All of these agencies executed participation agreements with San Luis Obispo County for entitlements of water which totaled 9,630 AF. On June 29, 2004, the City Council authorized participation in the Nacimiento Water Project for the delivery of the original 3,380 AF of water. In 2004, the County Service Area 10A in Cayucos became a project participant (25 AFY). In March 2016, the City Council approved the addition of 2,102 AFY from Nacimiento Reservoir to the City’s water supply. This addition brought the City’s total Nacimiento Reservoir allocation to 5,482 AFY. With uncertainty of future climatic conditions, regulation and aging infrastructure, the additional supply of Nacimiento water to the City’s portfolio reduces pressure on use of water supplies in the Whale Rock and Salinas reservoirs, extending these stored supplies during future critical water shortages. During the worst-case drought on record in the region (2011 to 2015), Nacimiento Reservoir remained a resilient water supply capable of providing a consistent and reliable source of water for San Luis Obispo County, which includes the City’s contractual amount of 5,482 AFY. To confirm the prior analysis with more recent data, the City reviewed rainfall and inflow data from 2013 which was the driest year on record. Over that year, Nacimiento Reservoir received 35,000 acre-feet of inflow. Though this is significantly below the average inflow into the reservoir, the San Luis Obispo District’s entitlement could still be met if inflow remained at this level. Page 342 of 395 City of San Luis Obispo 2022 Water Supply and Demand Assessment Page 5 Whale Rock Reservoir Whale Rock Reservoir is located on Old Creek approximately one-half mile east of the community of Cayucos. The project was planned, designed, and constructed under the supervision of the California State Department of Water Resources (DWR). Construction took place between October 1958 and April 1961. The reservoir is jointly owned by the City, the California Men's Colony, and the California Polytechnic State University at San Luis Obispo (Cal Poly). These three agencies form the Whale Rock Commission which is responsible for operation and administration of the reservoir and associated water deliveries. Day-to-day operation is provided by the City. Whale Rock Reservoir is formed by an earthen dam and was able to store an estimated 40,662 AF of water at the time of construction. The dam is 266 feet tall with a crest length of 850 feet and crest width of 30 feet. The top of dam elevation is 232.2 feet. The Reservoir covers an area of 600 acres. In 2021, the maximum storage capacity is 38,967 AF. The City owns 55.05 percent of the water storage rights at the reservoir (22,364 AF). The remaining water storage rights are apportioned between the two State agencies with Cal Poly owning 33.71 percent and the California Men’s Colony owning 11.24 percent. Over the life of the Whale Rock Reservoir and dam, the lake has filled to capacity and the spillway has been used 12 times, last spilling in 2005. The Whale Rock pipeline is approximately 17 miles long, connecting the reservoir to the member agencies, and terminating at the City's Water Treatment Plant. The design capacity of the pipeline is 18.94 cubic feet per second (approximately 8,500 gallons per minute). The line consists of modified pre- stressed concrete cylinder pipe at most locations. Cement mortar lined steel pipe is used at creek crossings and junctions. Page 343 of 395 City of San Luis Obispo 2022 Water Supply and Demand Assessment Page 6 Salinas Reservoir The Salinas Reservoir (also known as Santa Margarita Lake) is located on the upper Salinas River, approximately nine (9) miles southeast of the community of Santa Margarita. The project was originally built by the War Department to ensure an adequate water supply for Camp San Luis Obispo, as well as the City of San Luis Obispo. The dam and appurtenances were declared surplus by the War Department on April 14, 1947 and the U.S. Army Corps of Engineers assumed responsibility for the facilities. On July 11, 1947, the Corps entered into an agreement with the San Luis Obispo District for the operation and maintenance of the dam and related facilities. The City has an agreement with the Corps for use of the reservoir, as well as a water right permit to divert water from the Salinas River for storage within the reservoir. Salinas Reservoir is formed by a concrete arched dam. Immediately following construction, the reservoir had an estimated storage capacity of 24,000 AF with a surface area of 793 acres, and a drainage area of 112 square miles. Safe Annual Yield for Whale Rock and Salinas reservoirs was updated in 2018 following the addition of data from the most recent drought that ended in 2016 and analysis of three independent climate change models by the U.S. Environmental Protection Agency (EPA), San Luis Obispo Council of Governments (SLOCOG) as part of the 2014 Regional Transportation Plan, and Nature Communications. As a result of siltation since the original construction, the reservoir capacity has been reduced. Water is conveyed from Salinas Reservoir through 48,700 feet (9.2 miles) of 24-inch diameter reinforced concrete pipe to a three million gallon regulating reservoir at the Santa Margarita booster pump station near the northerly base of Cuesta Grade adjacent to Highway 101. The pipeline is designed to flow by gravity from the Reservoir to the regulating reservoir when the lake level is above the elevation of 1,267 feet. A booster pump station at the base of the dam, consisting of two horizontal centrifugal pumps, is capable of maintaining the rated flow of 12.4 cubic feet per second (cfs) when the water surface elevation falls below 1,267 feet. Page 344 of 395 City of San Luis Obispo 2022 Water Supply and Demand Assessment Page 7 Accounting for Siltation Siltation at reservoirs is a natural occurrence that can reduce the storage capacity over long periods. The reduction of available storage reduces the safe annual yield of the reservoirs. Siltation at reservoirs varies depending on factors such as rainfall intensity and watershed management practices. Climate change could have an impact on future water availability in the form of increased siltation in reservoirs resulting from wildland fires which could affect the safe annual yield of the City’s reservoirs. Numerous studies and reports addressing siltation at Salinas Reservoir have been completed. The latest study, conducted by the County of San Luis Obispo in 1990, indicated that the siltation rate is on the order of 40 AFY.7 The Whale Rock Reservoir Bathymetric Survey and Volumetric Study was completed in May 2013. The study concluded that sedimentation has reduced reservoir capacity by 4.2% in 52 years, but this impact, considering 52 years of sedimentation is relatively minimal. The City has policies and programs in the WWME to anticipate the loss of storage at Whale Rock and Salinas Reservoirs. WWME Policy A 4.2.2 relates to Accounting for Future Siltation.8 The policy states “The City will account for estimated safe annual yield losses at Salinas and Whale Rock Reservoirs through 2060 by deducting 500 acre-feet of available water supplies to account for these future losses.” The siltation rate will be updated as information becomes available from subsequent siltation analyses. Accounting for siltation of reservoirs contributes to the overall reliability of the City’s water supply portfolio as it ensures that the City is planning for this occurrence. Recycled Water The City’s Water Resource Recovery Facility (WRRF) produces over 3,200 AF of disinfected tertiary-treated effluent per year. A minimum of 1,807 AF is discharged to San Luis Obispo Creek annually to provide satisfactory habitat and flow volume for fish species (steelhead trout) within the Creek environment. The balance makes up the City’s available recycled water resource which is available for approved uses. A consistent flow of wastewater to the WRRF enables the City to produce a volume of recycled water that exceeds identified seasonal demand for landscape irrigation. The distribution and delivery of recycled water is via a pump station located within the WRRF. The pump station does not have backup power during a power outage. Power outage events have been infrequent. Therefore, the City’s recycled water supply is considered a reliable, non-potable water supply. The primary use of recycled water in the City is for landscape irrigation with 73 percent of the City’s recycled water demand occurring from May through October. The City began issuing annual construction water permits in July 2009. Permit holders have access to recycled water for dust control and compaction on construction sites in the City. The City has metered wharf head 7 A summary of the results of the siltation study done at Salinas Reservoir can be found in the City’s General Plan, Water and Wastewater Element, Section 4 at: https://www.slocity.org/home/showdocument?id=6649 8 The City’s General Plan, Water and Wastewater Element is available at: https://www.slocity.org/home/showdocument?id=6649 Page 345 of 395 City of San Luis Obispo 2022 Water Supply and Demand Assessment Page 8 hydrant filling stations throughout city limits. During 2021, 248 AF of recycled water was used for landscape irrigation and construction water. The City has identified a “seasonal surplus” of recycled water available in excess of required discharge to San Luis Obispo Creek (five AF per day as required by the National Oceanic and Atmospheric Association, National Marine Fisheries Service in 2005) and recycled water for landscape irrigation. As only a limited amount of landscape irrigation takes place from November to April (seasonal off-peak period), more than six (6) AF per day of recycled water is available during the seasonal off-peak period. An upgrade of the WRRF is underway, which will accommodate the City’s buildout and maximize recycled water production. The upgrade will enable the City to maximize beneficial use of recycled water, including consideration of either direct or indirect potable reuse in the future. Until potable reuse is implemented, the City is focused on expanding the use of recycled water within City limits to help offset potable water use. Per the City’s Recycled Water Master Plan, recycled water use is projected to increase by 10 AF per year. Groundwater Although the City suspended using groundwater for potable purposes in April 2015, groundwater wells remain in an operable, stand -by position should the use of groundwater be needed. In July of 2020, the City received a nearly $2 million planning-phase grant, funded through Proposition 1, to study Tetrachloroethylene (PCE) contamination of the groundwater basin. A detailed understanding of the extent of PCE contamination and remediation options are necessary steps in fully utilizing the City’s groundwater pumping opportunities. The planning phase will continue through 202 2 with implementation planned for 2023. In January 2022, the City and the County, acting as Groundwater Sustainability Agencies, submitted a draft of the Groundwater Sustainability Plan (GSP) for the San Luis Obispo Valley Groundwater Basin to the California Department of Water Resources (DWR). The GSP was a result of several years of work conducted to better understand the hydrology of the basin and will be instrumental in guiding sustainable use of groundwate r in the basin, including the City’s utilization of groundwater as a source of supply. The GSP estimates a groundwater surplus (recharge minus withdraws) of approximately 700 AFY. Future studies will determine the infrastructure needed to extract and treat groundwater from the basin, and the sustainable yield provided the updated groundwater system. Assessment Methodology: Locally Applicable Evaluation Criteria Water supply reliability is the City’s ability to meet the water needs of its customers under varying conditions. The City estimates annual Water Supply based on Water and Wastewater Management Element, Section 3. This method incorporates Safe Annual Yield from Salinas and Whale Rock Reservoirs as determined through the City’s 2018 Safe Annual Yield Model, the City’s contractual amount of water from Nacimiento Reservoir (Dependable Yield), the prior Calendar Year volume of Recycled Water utilized by the City, and reduction in reservoir storage caused by siltation as directed in WWME Policy A 4.2.2. As described in Chapter 6 of the City’s 2020 Urban Water Management Plan (UWMP), the City assesses water supply reliability by analyzing the hydrological variability of the City surface water reservoirs (Salinas, Whale Rock, and Nacimiento), regulatory variability, climate conditions, and other factors that may affect the City’s water supplies and customer water uses.9 This analysis is done using the City’s Water Projection model and applies worst-case drought conditions according to guidelines set forth in the UWMP plan documentation. 9 The City’s 2020 Urban Water Management Plan can be accessed from the California Department of Water Resources, WUEdata Portal at: https://wuedata.water.ca.gov/uwmp_plans.asp?cmd=2020 Page 346 of 395 City of San Luis Obispo 2022 Water Supply and Demand Assessment Page 9 The City accounts for the water supplies necessary to meet community needs using the methods detailed in the WWME, Section 5.10 The amount of water needed to serve the City’s future residential and non- residential water demand is termed the primary water supply. The primary water supply is calculated using the build-out population identified in the General Plan, Land Use Element (2014) and 117 gallons per capita per day (GPCD), which is the maximum allowed per capita water use under Senate Bill X7-7.11 For this Water Supply Assessment, Current Year population (2021) and Dry Year population (Current Year population plus one percent) are used in lieu of the build-out population when calculating total annual demand. When utilizing the Water Projection Model to estimate future water supply and demand, GPCD decreases in accordance with the WSCP. For example, water demand is calculated using an initial value of 117 GPCD and decreases by ten percent (corresponding to a ten-percent decrease in water use) to 105 GPCD when available supply is less than 5-years of estimated annual demand. This ten percent reduction is in alignment with the demand reduction that the City projects it would achieve from conservation measures outlined in the WSCP. The annual water supply and demand volumes calculated using the methods described above are converted to monthly volumes for the purposes of this Water Supply Assessment so that potential seasonal water shortages are highlighted. Monthly supply and demand volumes are calculated using average monthly demand as a percent of average annual demand for the ten-year period 2011-2021. These monthly average demand percentages are then applied to the annual supply and demand to provide monthly volumes. Current Year Water Supply and Demand Assessment Analysis of the supply and demand data from the previous year allows for a better understanding of how annual demand is met with the available water supplies. As shown in Table 1, the City’s 2020-2021 Fiscal Year demand was 5,228 AF. The per-capita demand during this period was 101 GPCD. Forty-seven percent (47%) of this demand was supplied by Nacimiento Reservoir, forty nine percent (49%) was supplied by Whale Rock and Salinas Reservoirs, and five percent (5%) was supplied by recycled water. The City will likely utilize similar proportions of water from the available sources to meet Current Year and Dry Year water demands. Table 1: City Water Supply by Source during the 2020-2021 Fiscal Year1 (in acre-feet) Nacimiento Reservoir Whale Rock Reservoir 2 Salinas Reservoir Recycled Water Groundwater 3 Total City Water Demand 2,449 1,183 1,337 259 0 5,228 47% 23% 26% 5% 0% 100% Notes: 1. Values are rounded. 2. Water delivered to Cal Poly State University is excluded from the City’s water demand, as Cal Poly has its own water storage and water diversion rights in Whale Rock Reservoir. 3. Groundwater was not used for potable purposes during Fiscal Year 2021. 10 The City’s General Plan, Water and Wastewater Element is available at: https://www.slocity.org/home/showdocument?id=6649 11 Senate Bill No. 7 – Water conservation, is available at: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=200920107SB7 Page 347 of 395 City of San Luis Obispo 2022 Water Supply and Demand Assessment Page 10 Current Year available water supply is 10,140 AF (Table 2). The quantity of water available from each water source for the Current Year is summarized in Table 2. Results from the City’s Water Projection Model demonstrate that this is a reliable estimate of supply availability for the Current Year as well as extended drought periods (greater than five years). Table 2: Current Year 2021-22 Annual Water Supply Water Resource Acre-Feet Description Nacimiento Reservoir 5,482 Dependable Yield 1 Salinas & Whale Rock Reservoirs 4,910 Safe Annual Yield 2 Recycled Water 248 2021 Annual Usage 3 Siltation from 2010 to 2060 (500) WWME Policy A 4.2.2 4 10,140 Total Availability NOTES: 1. Dependable Yield is the contractual amount of water the City has rights to from Nacimiento Reservoir. 2. The City’s Safe Annual Yield model was updated in 2018. 3. The quantity of recycled water included (245 AF) is the actual prior year’s usage (calendar year 2020) per General Plan Water and Wastewater Management Element Policy A 7.2.2. 4. Reservoir siltation is a natural occurrence that reduces storage capacity over long periods, resulting in the reduction of safe annual yield. The Current Year estimated potable demand is 6,036 AF (Table 3). This value is the demand calculated using the 2021 population of 46,058 and per-capita daily demand of 117 GPCD.12 The actual Current Year demand shown in Table 3 (5,318 AF) is lower than the estimated demand because of more efficient water use (97 GPCD calculated using actual data for the period July 2021 through March 2022) and variations in water needs caused by annual climate variations. Therefore, the monthly values estimated in Table 3 are likely conservative estimates of demand that overestimate the actual demand. Community-wide water conservation, thanks to a history of collaboration between the City and its community members, has resulted in more efficient water use. This water conservation ethic is supported by City programs such as the school education program, community outreach program, customer water audits, and the retrofit upon sale program. Additionally, the City is improving the water efficiency of its operations by identifying and repairing leaking infrastructure, annually testing and upgrading water meters, and supplying parks with non-potable recycled water. The City will conduct regular assessments of the water conservation program to ensure the most effective use of City resources to provide the greatest water savings. 12 Population estimate for the City website at: of San Luis Obispo is from the California Department of Finance website at: www.dof.ca.gov/Forecasting/Demographics/Estimates/e1/ Page 348 of 395 Table 3: Current Year 2021-22 Water Supply and Demand, in acre-feet Potable Water Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Total Anticipated Unconstrained Demand 459 486 468 450 402 333 311 368 420 479* 569* 573* 5,318 Anticipated Total Water Supply 940 968 909 892 756 691 690 666 713 782 937 946 9,891 Surplus/Shortage 482 482 441 442 354 357 379 298 307 304 369 372 4,587 % Surplus/Shortage 105% 99% 94% 98% 88% 107% 122% 81% 76% 63% 65% 65% 86% State Standard Shortage Level 0 0 0 0 0 0 0 0 0 0 0 0 0 Non-Potable Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Total Anticipated Unconstrained Demand 34 30 29 25 12 6 5 15 7 19* 28* 31* 241 Anticipated Total Water Supply 129 125 137 180 147 185 231 246 283 220 177 158 2,217 Surplus/Shortage 95 95 108 156 135 179 226 231 276 201 149 126 1,976 % Surplus/Shortage 278% 315% 372% 626% 1089% 2909% 5026% 1543% 3698% 1075% 536% 403% 818% Notes: 1. * denotes estimated demand values. Page 349 of 395 The Current Year non-potable demand is 241 AF. This represents recycled water used for irrigation and acts to offset potable water use. The total non-potable supply includes the total volume of water treated at the City’s WRRF minus five (5) AF per day creek discharge requirement. The Current Year non-potable supply and demand assessment shows large surpluses for every month and a total annual surplus of about 1,976 AF after meeting irrigation demands and creek discharge requirements. The non-potable supply and demand assessment provides insight on seasonal fluctuations in non-potable water supply and will assist the City in determining the ability to meet increases in future demands for irrigation and the volume of water available for potable reuse projects. Current Year water supply and demand data are shown on a monthly time-step in Table 3. The values demonstrate the seasonal differences in demand and the supplies needed to meet those demands. As demonstrated by a water surplus (supply greater than demand) in each month, the City is not anticipating entering into a water shortage emergency at any point in the Current Year. Monthly potable surpluses range from 298 to 482 AF, or 63 percent to 122 percent of monthly demand. Annually, the City is expecting to have a potable water supply surplus of about 4,587 AF (86% of annual demand). This surplus is a result of drought resilient water supply sources and community-wide water conservation efforts. As mentioned in previous sections of this report, because the City’s contractual right in Nacimiento Reservoir is met even during years of low precipitation, water deliveries from Whale Rock and Salinas reservoirs can be kept low, resulting in stable storage volumes. Additionally, the City makes projections of future water demand using a conservative per capita potable water use rate of 117 GPCD which is the City’s SB X7-7 target, actual water use within the community is currently 97 GPCD and not anticipated to increase beyond minor year-to-year variations over time. The difference between projected demand and actual demand provides a water supply source that acts as a buffer against unexpected changes in supply or demand. Dry Year Water Supply The City’s estimated Dry Year water supply is 10,239 AF (potable supply plus recycled water for non- potable reuse in Table 4). The City’s Current Year water supply and Dry Year water supply are equivalent because of the reliability of the supply from Nacimiento Reservoir and the City’s ability to manage withdraws from its multiple reservoirs to meet demands. As mentioned previously in this report, studies and recent drought-period data show that even during extended periods of below average rainfall inflows to Nacimiento Reservoir are sufficient to meet the San Luis Obispo District’s annual entitlement, and therefore, the City’s allocation. The City prioritizes water deliveries from Nacimiento Reservoir, allowing water to be stored in Whale Rock and Salinas reservoirs. The City’s potable and non-potable water supplies are shown on a monthly time-step in Table 4. Page 350 of 395 Table 4: Dry Year 2022-23 Water Supply, in acre-feet Water Supply Source Additional Detail on Water Supply Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Total Annual Water Supply Nacimiento Reservoir From contractual allocation 518 533 502 492 421 387 386 373 398 435 516 521 5,481 Salinas and Whale Rock Reservoirs From safe annual yield 464 477 449 441 377 346 346 334 357 389 463 467 4,910 Groundwater Supplier-produced - - - - - - - - - - - - - Other Decrease in available supply from siltation in reservoirs (41.7) (41.7) (41.7) (41.7) (41.7) (41.7) (41.7) (41.7) (41.7) (41.7) (41.7) (41.7) (500) Total Potable 940 967 909 892 756 691 690 666 713 782 937 946 9,891 Recycled Water for non- potable reuse For irrigation and construction uses 49 51 43 32 19 9 8 10 11 24 41 52 348 Recycled Water available for use Produced by the WRRF that is not allocated for non-potable reuse or creek discharge requirements 79 75 94 148 128 176 223 237 272 196 135 106 1,869 Total Non-Potable 129 126 137 180 147 185 231 246 283 220 177 158 2,217 Page 351 of 395 Dry Year Unconstrained Demand The Dry Year estimated potable demand is 6,096 AF (Table 5). This value is the demand calculated using the estimated 2023 population of 46,519 and per-capita daily demand of 117 GPCD. These values account for maximum population growth and expected in-City development. As was seen in the Current Year demand shown in Table 3, actual Dry Year demand will likely be lower than the estimated demand because of more efficient water use and variations in water needs caused by annual climate variations. Most of the City’s potable demand is for single-family residential use (46%), followed by muti-family residential (21%), and commercial (21%). Demands for industrial, institutional, and dedicated landscape are each below ten percent of the total annual demand. Single-family and multi-family residential demands are greatest during the period May through October when precipitation is generally low. This suggests that residential demand is driven by outdoor irrigation and the increased demand for irrigation during dry periods. Non-potable water is estimated to offset about 283 AF of potable demand during the Dry Year. Existing Infrastructure Capabilities and Plausible Constraints The utilization of water from three separate reservoirs provides the City with operational flexibility to meet water demands while maintaining optimal storage volumes in each reservoir; however environmental factors can inhibit reservoir storage or prevent utilization of stored water by degrading water quality. While inflow to Nacimiento has proven to be sufficient during the worst drought in recent history, it is conceivable that in the most extreme drought, when precipitation is near zero, that inflow is less than the San Luis Obispo District’s contractual amount. The City has not experienced significant water quality issues with water stored in its reservoirs, but extreme heat and low reservoir levels associated with drought conditions are ideal conditions for biological processes that can impair water quality, including growth of algae, which can lead to secondary water quality complaints related to taste and odor. The City’s water treatment plant is capable of producing water that meets all state and federal standards, even as water quality is deteriorated by ongoing drought. Currently the City satisfies demand without utilizing the full dependable yield from Nacimiento Reservoir because pipeline capacity constraints and treatment operation only allow for the delivery and treatment of approximately 4,500 AFY. Projects are being developed to allow for the full utilization of dependable yield from Nacimiento Reservoir in preparation for future periods when demands require the full available water supply. Should the City need to utilize its full entitlement to Nacimiento for any reason, it could modify plant operation to accommodate this need. Because the City relies primarily on water supplied by its reservoirs, disruptions in delivery of water from a reservoir could be caused by damage to existing infrastructure. While temporary disruptions in water supply availability can be mitigated through utilization of water from the other available reservoirs, prolonged disruptions could result in water shortages. The City is expanding its groundwater program and considering potable reuse of recycled water to provide water supply redundancy and increased operational flexibility in extreme drought scenarios and during disruptions in delivery of water from reservoirs. Additionally, the City produces recycled water that can be used to offset potable demand and during disruptions water supply. To further increase potable demand offset, recycled water use could be temporarily expanded to meet irrigation needs beyond the current scope. Ultimately the City understands the potential issues that threaten its water supply and are proactively pursuing projects to mitigate them. Page 352 of 395 Table 5: Dry Year 2022-23 Unconstrained Demand, in acre-feet Water Use Projected Monthly Water Demand1 Total Annual Demand Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Demands Served by Potable Supplies Single Family 265 275 262 251 217 199 195 191 201 229 268 274 2,827 Multi-Family 107 110 111 118 105 98 109 100 105 104 118 107 1,291 Commercial 117 119 108 109 100 99 97 94 101 98 112 115 1,271 Industrial 16 16 14 14 11 10 10 9 10 11 15 15 149 Institutional/Government 3 3 3 3 3 2 2 2 2 3 3 3 33 Landscape 68 69 60 52 32 22 17 19 23 39 59 65 525 Total by Month (Potable) 576 593 558 548 468 430 429 415 443 484 574 579 6,096 Demands Served by Non-Potable Supplies2 Landscape 32 33 28 21 12 6 6 7 7 16 28 33 229 Golf Course Irrigation 3 3 3.8 3.2 2.4 0.6 0.5 0.8 0.3 1 2 4 25 Construction 0.4 1 3.8 5.3 3.5 1.1 0.5 1.1 3.9 5 3 0.8 30 Total by Month (Non-Potable) 36 37 35.6 29.0 18.3 7.9 6.6 8.5 11.4 21.9 33.5 37.9 283 Notes: 1. Estimated values. 2. Non-potable water treated to tertiary level. Page 353 of 395 IV. SUPPLY AND DEMAND ANALYSIS Using the Water Projection Model described above, the City has more than ten years of water available under a drought scenario with current water supply and demand conditions. The City does not expect to enter a water shortage emergency in any month during the Current Year and following Dry Year. Analysis of supply and demand data at a monthly timescale shows that the City has ample supply the meet monthly demands for the Current Year and a subsequent Dry Year (Table 6). Monthly potable surpluses range from 298 to 482 AF, or 63 percent to 122 percent of monthly demand. Annually, the City is expecting to have a potable water supply surplus of about 4,587 AF (86 percent of annual demand). This analysis provides valuable insight on the primary uses of water in the City and also highlights periods when disruptions in delivery of water from one or more of the City’s reservoirs would be most impactful to the City’s ability to meet demand. Monthly demands show that water supply is used primarily to meet residential demands. Additionally, monthly demands show the seasonal variation associated with the need for more water in the hot, dry summer months and the need for less water during the cool, wet winter months. Ultimately, the data show that water use within the City is driven by residential use during the dry, summer months, likely in response to outdoor irrigation needs. Because of this, water conservation programs that target reduction in outdoor irrigation may provide the greatest water savings. The supply and demand analysis assumes reliable delivery of available water supplies during drought conditions similar to those experienced in recent history. More extreme drought conditions may present issues that decrease the volume of available water in storage or degrade the quality of water in storage. Available water supply may also be less than estimated because of disruptions in the delivery of available water supplies, whether temporarily caused by minor issues or prolonged disruptions caused by catastrophic events. Page 354 of 395 Table 6: Dry Year 2022-23 Water Supply and Demand, in acre-feet Potable Water Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Total Anticipated Unconstrained Demand 576 593 558 548 468 430 429 415 443 484 574 579 6,096 Anticipated Total Water Supply 940 969 909 892 756 691 690 666 713 782 937 946 9,891 Surplus/Shortage 364 376 351 344 288 261 261 251 270 299 363 366 3,795 % Surplus/Shortage 63% 63% 63% 63% 62% 61% 61% 60% 61% 62% 63% 63% 62% State Standard Shortage Level 0 0 0 0 0 0 0 0 0 0 0 0 0 Non-Potable Water Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Total Anticipated Unconstrained Demand 36 37 36 29 18 8 7 9 11 22 34 38 283 Anticipated Total Water Supply 129 125 137 180 147 185 231 246 283 220 177 158 2,217 Surplus/Shortage 93 89 101 151 129 177 224 238 272 198 143 120 1,934 % Surplus/Shortage 258% 241% 284% 522% 703% 2241% 3395% 2799% 2382% 904% 427% 316% 683% Page 355 of 395 V. PLANNED SHORTAGE RESPONSE ACTIONS The City does not plan to implement a water shortage response in the Current Year or following Dry Year; however, the City’s WSCP provides a framework for responding to water shortages when necessary.13 The City’s water shortage response is dependent on the ability to temporarily augment supply and/or reduce water demand. The goals of the WSCP are to extend the City’s available water resources long enough to gain another winter rainfall period which could serve to add to reservoir storage. Extending available water resources through water demand reductions provides time for the City to bring on supplemental water supplies to meet demand. The City’s water shortage response would combine a variety of strategies including outreach, indoor water efficiency regulations, and outdoor irrigation restrictions, each increasing in intensity as the shortage persists and the City’s water supplies are further restricted. Implementation of these restrictions is necessary to conserve the City’s water supply for the greatest public benefit regarding domestic use, sanitation, and fire protection. The City reads water meters monthly to ensure water consumption data is collected for tracking, analysis, and to meet state reporting requirements. Monitoring and reporting key water use metrics is fundamental to water supply planning and management. Monitoring is also essential to ensure that the response actions are achieving their intended water use reduction purposes, or if new actions need to be considered. Compliance tracking is also necessary for an effective enforcement program. To evaluate the functionality of the WSCP and ensure strategies are effective, staff will monitor community response to water demand reduction measures, public outreach, enforcement, and other administrative actions at each water shortage response stage. This will include review of monthly water consumption data for each customer class and monitoring associated revenue and expenditure impacts. Staff will make recommendations on program refinements to the City Council with water shortage stage progression. VI. SUMMARY Based on the findings from this Water Supply Assessment, the City does not expect to enter a water shortage emergency and will not need to implement a water shortage response. In fact, the Water Supply Assessment shows that the City will have a water supply surplus on an annual and monthly timestep. The City will continue to monitor its supply and demand using its Water Projection Model to ensure that any water shortage emergencies may be identified well in advance so that programmatic and operational changes can be made to mitigate their effects. Finally, this Water Supply Assessment assumes reliable delivery of available water supplies during drought conditions similar to those experienced in recent history. Decreases in water availability caused by extreme drought conditions or disruptions in the delivery of available water supplies may create unexpected water shortage emergencies. When such water shortage emergencies arise, the City is prepared to implement its WSCP to extend the City’s available water resources long enough to gain additional winter rainfall periods which could serve to add to reservoir storage or to bring on supplemental water supplies to meet demand. In summary, the City maintains a robust water supply portfolio with a water supply that is sufficient to meet current and future demands, even in periods of drought. The City has planned for drought periods by securing a multi-source supply that provides reliability and operational flexibility. Current and future, build-out demands are factored into the City’s estimations of water supply and demand to ensure adequate water supply, and the use of conservative estimates provides a buffer that decreases the potential for water shortages even during unexpected disruptions in water supply or greater than expected increases in demand. The City can rely on this buffer because of community-wide water conservation that resulted from a history of collaboration between the City and its community members. 13 The City’s Water Shortage Contingency Plan is available at: https://www.slocity.org/home/showpublisheddocument/30334/637575513697770000 Page 356 of 395 City of San Luis Obispo 2022 Water Supply and Demand Assessment Page 19 Water conservation is a large component of the City’s water shortage mitigation strategy. The City is also working to expand the use of recycled water within City limits to help offset potable water use, as well as developing groundwater and potable reuse programs to provide additional sources of potable water supply and provide operational flexibility during disruptions in delivering water from its reservoirs. Page 357 of 395 Page 358 of 395 2020 Water Shortage Contingency Plan This plan was adopted on June 15, 2021 pursuant to San Luis Obispo City Council Resolution No. 11250 (2021 series) San Luis Obispo City Council Heidi Harmon, Mayor Erica A. Stewart, Vice Mayor Carlyn Christianson Jan Marx Andy Pease Plan Prepared by: City of San Luis Obispo, Utilities Department 879 Morro Street San Luis Obispo, CA 93401 Page 359 of 395 2020 Water Shortage Contingency Plan Contents 1. Water Supply Reliability Analysis ............................................................................................... WSCP-1 2. Annual Water Shortage Assessment ......................................................................................... WSCP-4 3. Water Shortage Response ......................................................................................................... WSCP-4 4. Water Shortage Stages .............................................................................................................. WSCP-5 5. Aerial Imagery Based Water Budgets ...................................................................................... WSCP-13 6. Exemptions and Appeals .......................................................................................................... WSCP-13 7. Revenue and Expenditure Impacts .......................................................................................... WSCP-14 8. Monitoring, Reporting, and Refinement Procedures ................................................................ WSCP-14 9. Catastrophic Water Supply Interruption ................................................................................... WSCP-14 10. Required Standardized Tables ................................................................................................. WSCP-15 List of Tables TABLE 1: Basis of Water Year Data ................................................................................................ WSCP-1 TABLE 2: Supply and Demand Comparison (Normal Year) ............................................................ WSCP-2 TABLE 3: Single Dry Year Supply and Demand Comparison ......................................................... WSCP-2 TABLE 4: Multiple Dry Year Supply and Demand Comparison ....................................................... WSCP-2 TABLE 5: Five Year Drought Risk Assessment (2021-2025) .......................................................... WSCP-3 TABLE 6: Reservoir Storage ............................................................................................................ WSCP-4 TABLE 7: Water Shortage Response Stages Quick Reference Guide ........................................... WSCP-6 Appendices Appendix I: Public Hearing Notice and Plan Adoption ............................................................................. A-1 Page 360 of 395 2020 Water Shortage Contingency Plan WSCP-1 The City’s Water Shortage Contingency Plan (WSCP) provides the foundation for a staged response to worsening water shortage conditions. A water shortage could occur due to drought, earthquake, infrastructure failure, or other emergency. Drought may occur with unpredictable frequency, intensity, and duration. An update to the City’s Water Conservation Ordinance (Chapter 13.07 of the Municipal Code), will establish the regulations and procedures for implementing this Plan and update the ordinance to comply with newer requirements under Water Code Chapter 3.3: Excessive Residential Water Use During Drought. A preliminary draft Water Conservation Ordinance is provided in Appendix VI. 1. WATER SUPPLY RELIABILITY ANALYSIS Water supply reliability is the City’s ability to meet the water needs of its customers under varying conditions. Chapter 6 of the City’s Urban Water Management Plan (UWMP) assesses water supply reliability by analyzing the hydrological variability of the City surface water reservoirs (Salinas, Whale Rock, and Nacimiento), regulatory variability, climate conditions, and other factors that may affect the City’s water supplies and customer water uses. The analysis applies worst-case drought conditions according to guidelines set forth in the UWMP plan documentation. The following tables provide data on the reliability of the City’s water supply during normal, single-dry, and a severe drought period lasting five consecutive years. The City remains confident in the reliability of its multi-source water supply portfolio. Table 1 lists the years which correlate to the guidelines for the specific water year type and are based on rainfall information. The City’s average water year was determined to be 2020 based on review and update of the City’s average rainfall total. The City’s single dry water year was determined to be 2013 as the rainfall total that year was the lowest on record. The City’s multiple dry year scenario was determined to be 2011 to 2015 as the combined rainfall total for those five years was the lowest on record. Table 2, Table 3, and Table 4 summarize the City’s water supplies in a normal year, single dry year and a multiple dry year scenario. To address Water Code Section 10635 (b), Table 5 includes available water supply and demand estimate for 2021 through 2025. These water demand projections were derived using 117 gpcd and population growth levels identified in the City’s General Plan Land Use Element. Both factors are higher than current gpcd and the current population. The City does not anticipate a water shortage necessitating any water supply augmentation or requiring water use restrictions if the City entered five consecutive years of drought. The California Department of Water Resources defines drought as: “A deficiency of precipitation over an extended period of time resulting in a water shortage for some activity, group, or environmental sector.” TABLE 1: Basis of Water Year Data Year Type Base Year(s) Volume Available Average Year 2020 10,143 Single-Dry Year 2013 10,143 Consecutive-Dry Years, 1st year 2011 10,143 Consecutive -Dry Years, 2nd year 2012 10,143 Consecutive -Dry Years, 3rd year 2013 10,143 Consecutive -Dry Years, 4th year 2014 10,143 Consecutive -Dry Years, 5th year 2015 10,143 NOTES 1. Volume available includes the City’s contractual supply to Nacimiento Reservoir, Safe Annual Yield from Salinas and Whale Rock Reservoirs, and recycled water. 2. Units are in acre-feet per year. Source: City of San Luis Obispo Utilities Department, 2021. Page 361 of 395 2020 Water Shortage Contingency Plan WSCP-2 TABLE 2: Supply and Demand Comparison (Normal Year) 2020 (actual) 2025 2030 2035 2040 Supply totals 10,143 10,337 10,537 10,587 10,637 Demand totals 4,817 7,272 7,713 8,191 8,624 Difference 5,326 3,166 2,824 2,396 2,013 NOTES 1. Units are in acre-feet per year. 2. Supply total includes the City’s contractual supply to Nacimiento Reservoir, Safe Annual Yield from Salinas and Whale Rock Reservoirs, and projected increases in recycled water deliveries. 3. Water demand projections for 2025 through 2040 were derived using 117 gpcd and population growth levels identified in the City’s General Plan Land Use Element. Both factors are conservatively higher than the City’s 2020 population and actual gpcd (94 gpcd). Source: City of San Luis Obispo Utilities Department, 2021. TABLE 3: Single Dry Year Supply and Demand Comparison 2020 (actual) 2025 2030 2035 2040 Supply totals 10,143 10,337 10,537 10,587 10,637 Demand totals 4,817 7,272 7,713 8,191 8,624 Difference 5,326 3,065 2,824 2,396 2,013 NOTES 1. Units are in acre-feet per year. 2. Supply total includes the City’s contractual supply to Nacimiento Reservoir, Safe Annual Yield from Salinas and Whale Rock Reservoirs, and projected increases in recycled water deliveries. 3. Water demand projections for 2025 through 2040 were derived using 117 gpcd and population growth levels identified in the City’s General Plan Land Use Element. Both factors are conservatively higher than the City’s 2020 population and actual gpcd (94 gpcd). Source: City of San Luis Obispo Utilities Department, 2021. TABLE 4: Multiple Dry Year Supply and Demand Comparison 2020 (actual) 2025 2030 2035 2040 First year Supply totals 10,143 10,337 10,537 10,587 10,637 Demand totals 4,817 7,272 7,713 8,191 8,624 Difference 5,326 3,065 2,824 2,396 2,013 Second year Supply totals 10,143 10,337 10,537 10,587 10,637 Demand totals 4,817 7,272 7,713 8,191 8,624 Difference 5,326 3,065 2,824 2,396 2,013 Third year Supply totals 10,143 10,337 10,537 10,587 10,637 Demand totals 4,817 7,272 7,713 8,191 8,624 Difference 5,326 3,065 2,824 2,396 2,013 Fourth year Supply totals 10,143 10,337 10,537 10,587 10,637 Demand totals 4,817 7,272 7,713 8,191 8,624 Difference 5,326 3,065 2,824 2,396 2,013 Fifth year Supply totals 10,143 10,337 10,537 10,587 10,637 Demand totals 4,817 7,272 7,713 8,191 8,624 Difference 5,326 3,065 2,824 2,396 2,013 NOTES 1. The urban water targets determined in this UWMP were considered when developing the 2020 water demands included in this table. 2. Supply total includes the City’s contractual supply to Nacimiento Reservoir, Safe Annual Yield from Salinas and Whale Rock Reservoirs, and projected increases in recycled water deliveries. 3. Water demand projections for 2025 through 2040 were derived using 117 gpcd and population growth levels identified in the City’s General Plan Land Use Element. Both factors are conservatively higher than the City’s 2020 population and actual gpcd (94 gpcd). Source: City of San Luis Obispo Utilities Department, 2021 Page 362 of 395 2020 Water Shortage Contingency Plan WSCP-3 TABLE 5: Five Year Drought Risk Assessment (2021-2025) 2021 Total Total Water Use 6,276 Total Supplies 10,177 Surplus/Shortfall w/o/ WSCP Action 3,901 Planned WSCP Actions (use reduction and supply augmentation) WSCP – supply augmentation benefit 0 WSCP – use reduction savings benefit 0 Revised Surplus/(shortfall) 3,901 Resulting % Use Reduction from WSCP action 0% 2022 Total Total Water Use 6,528 Total Supplies 10,217 Surplus/Shortfall w/o/ WSCP Action 3,689 Planned WSCP Actions (use reduction and supply augmentation) WSCP – supply augmentation benefit 0 WSCP – use reduction savings benefit 0 Revised Surplus/(shortfall) 3,689 Resulting % Use Reduction from WSCP action 0% 2023 Total Total Water Use 6,593 Total Supplies 10,257 Surplus/Shortfall w/o/ WSCP Action 3,664 Planned WSCP Actions (use reduction and supply augmentation) WSCP – supply augmentation benefit 0 WSCP – use reduction savings benefit 0 Revised Surplus/(shortfall) 3,664 Resulting % Use Reduction from WSCP action 0% 2024 Total Total Water Use 6,659 Total Supplies 10,297 Surplus/Shortfall w/o/ WSCP Action 3,638 Planned WSCP Actions (use reduction and supply augmentation) WSCP – supply augmentation benefit 0 WSCP – use reduction savings benefit 0 Revised Surplus/(shortfall) 3,638 Resulting % Use Reduction from WSCP action 0% 2025 Total Total Water Use 6,725 Total Supplies 10,337 Surplus/Shortfall w/o/ WSCP Action 3,612 Planned WSCP Actions (use reduction and supply augmentation) WSCP – supply augmentation benefit 0 WSCP – use reduction savings benefit 0 Revised Surplus/(shortfall) 3,612 Resulting % Use Reduction from WSCP action 0% Notes: 1. Units are in acre-feet per year. 2. Supply total includes the City’s contractual supply to Nacimiento Reservoir, Safe Annual Yield from Salinas and Whale Rock Reservoirs, and projected increases in recycled water deliveries. 3. Water demand projections for 2021 through 2025 were derived using 117 gpcd and population growth levels identified in the City’s General Plan Land Use Element. Both factors are conservatively higher than the City’s 2020 population and actual gpcd (94 gpcd). Source: City of San Luis Obispo Utilities Department, 2021. Page 363 of 395 2020 Water Shortage Contingency Plan WSCP-4 2. ANNUAL WATER SHORTAGE ASSESSMENT Consistent with the requirements of the 2020 UWMP, the City will perform a water shortage assessment each year to review available water supplies and confirm its approach for the coming year. The degree of the water supply shortage determines the necessary level of response from the City and customers, if any. This water shortage assessment includes evaluation of the following: a. Current year water demand across customer categories (residential, the “CII” sector which includes commercial, industrial, institutional uses, and irrigation) b. Water availability at each water supply source c. Available supplemental water supply options d. Infrastructure considerations, including planned maintenance, repairs, and upgrades The City utilizes a Water Projection Model to test both hypothetical and actual water demand scenarios and to forecast how long water supplies will sustain the community under specific conditions. The Water Projection Model accounts for the storage in the City’s surface water reservoirs, in conjunction with other available resources (i.e., groundwater and recycled water), needed to meet the City’s water demand. The model uses historical hydrologic information (rainfall, evaporation, inflow) based on the average for the worst drought period (2012 to 2014). Other data included in the model is: a. Water entitlement b. Current reservoir levels/storage c. Average gallons per capita per day community water demand d. Rainfall e. Temperature f. Evaporation g. Existing population h. Population growth Utilizing the Water Projection Model as part of its water supply management, the City can foresee whether a water supply shortage is anticipated in any given year, and the severity of a shortage based on the availability of the City’s different sources of supply and water demand trends. The City uses the model to study the potential impacts of various intensities of drought conditions, including increased temperature and evaporation rates, along with decreased precipitation. In accordance with 2018 UWMP requirements, each year the City will prepare a water supply and demand assessment, present it to the City Council for review, and submit its annual Water Shortage Assessment Report to DWR. The Assessment will be conducted based on the use of the City’s Water Projection Model and the key data inputs described above to characterize near-term water supply conditions (i.e., for the next 12 months). Using the Water Projection Model described above for 2021, the City has more than ten years of water available under current water supply and demand conditions. 3. WATER SHORTAGE RESPONSE The City’s water shortage response is dependent on the ability to temporarily augment supply and/or reduce water demand. The City’s water shortage response would combine a variety of strategies including outreach, indoor water efficiency regulations, and outdoor irrigation restrictions, each increasing in intensity as the shortage persists and the City’s water supplies are further restricted. Implementation of these restrictions is necessary to conserve the City’s water supply for the greatest public benefit regarding domestic use, sanitation, and fire protection. This section describes the general strategies the City will employ to mitigate the impacts of water shortage on the community. TABLE 6: Reservoir Storage Reservoir Volume (Acre-Feet) Percent of Capacity Salinas 16,267 68.23% Whale Rock 30,050 77.12% Nacimiento 123,365 32.64% Notes: 1. Reservoir volumes are as of 5/13/2021. 2. Of the total Whale Rock Reservoir volume above, the City’s available balance is 15,295 acre-feet. Source:https://www.slocity.org/government/depar tment-directory/utilities-department/water/water- sources Page 364 of 395 2020 Water Shortage Contingency Plan WSCP-5 Voluntary Reduction Measures All customers may be asked to voluntarily reduce their water usage during a water shortage. The City may provide water conservation tips and suggestions through various public outreach methods, encourage and distribute conservation devices such as low flow shower heads and faucet aerators, discourage excessive outdoor watering, and encourage landscaping with drought tolerant plants. Voluntary reductions measures are described in more detail in Section 4. Mandatory Reduction Measures The City may place mandatory reduction measures on certain uses, such as restricting outdoor watering to prescribed times and number of days per week beginning in the Warning Stage, with days and times for landscape watering further limited in later stages of the plan. Mandatory reduction measures may limit specific inefficient methods of irrigation (i.e., overhead spray/sprinkler ban). The seasonal increase in water demand underscores the importance of implementing outdoor irrigation‐ focused reduction programs. Approximately 50 percent of residential water use in San Luis Obispo is for landscape irrigation. Therefore, restrictions on outdoor water use are generally effective in reducing water demand. Many outdoor uses are considered discretionary, or nonessential for health and safety purposes, are highly visible and relatively easy to monitor, and often are a substantial component of water demand, particularly during the summer months when drought conditions are often most severe. Water Use Prohibitions Water use prohibitions will vary by drought stage, with the fundamental purpose of restricting or prohibiting non‐essential uses that are not required for basic health and safety. During a declared water shortage, specific prohibitions would be described in a Water Shortage Ordinance adopted by the City Council. In the Critical Stage, all non‐essential outdoor water use, except recycled water or grey water, may be prohibited. The City will adopt regulations at the appropriate water shortage stage to promote water conservation, such as posting signage at various establishments, offering water audits to maximize water conservation, and prescribing to customer‐specific water budgets (i.e., water allocations). Supplemental Water Supply Options During a declared water shortage emergency, the City may also utilize supplemental water supply options, or acquire a new supply as warranted by the current situation. This may include utilizing more groundwater and/or expanding the City’s use of recycled water. These water supply options may be less desirable during normal operations due to increased operational costs. 4. WATER SHORTAGE STAGES The goals of the WSCP are to extend the City’s available water resources long enough to gain another winter rainfall period which could serve to add to reservoir storage. Extending available water resources through water demand reduction provides time for the City to bring on supplemental water supplies to meet demand. It is the City’s goal to implement water demand reduction programs that will achieve measurable water savings without requiring customers to make significant lifestyle changes. In the more advanced water shortage stages lifestyle and water-use habit changes will be necessary. This section identifies the measures that may be taken at each stage to achieve desired water use reduction levels. The purpose of establishing water shortage stages is to clearly define the severity of the shortage and establish appropriate targets for demand reductions. Defining these stages allows the City to respond to worsening conditions, with each stage “triggering” different actions. The multi‐stage approach provides different levels of response for a water shortage event ranging from a ten percent supply deficiency up to a 50 percent or greater deficiency. Table 7 provides a quick reference guide to the WSCP, though City Council may adopt variations of these Water Shortage Response Actions, independent from the stage resulting from the use of the Water Projection Model, to strategically address the current water shortage situation. Each stage describes increasing levels of water demand reduction and water supply augmentation methods. As stated previously, during an actual water shortage emergency, other measures may be imposed. The City Council would formally declare a water shortage emergency, per Water Code Chapter 3. Page 365 of 395 2020 Water Shortage Contingency Plan WSCP-6 TABLE 7: Water Shortage Response Stages Quick Reference Guide STAGE WATER SUPPLY STATUS1 CITY ACTIONS Monitor 5+ years of available water supply City maintains existing water conservation staffing levels and budget that supports meeting internal water efficiency goals and regulatory requirements for water conservation, including ongoing public outreach. Watch < 5 years of available water supply (up to 10% water shortage) City increases programs that encourage voluntary water conservation including public outreach, rebate programs, and water efficient fixture giveaways. City examines available alternative water sources (groundwater expansion, recycled water filling stations, water purchase agreements, etc.), City modifies internal operations to focus on decreasing water loss and prepares for subsequent WSCP stages. City ceases any short-term outside- City water sales/leases. Warning < 4.5 years of available water supply (up to 20% water shortage) City implements time of use irrigation restrictions (7:00 PM – 7:00 AM). City increases staffing, budget, and outreach to achieve additional voluntary conservation savings while preparing for Alert-Critical stages. Alert < 4 years of available water supply (up to 30% water shortage) City requires mandatory conservation measures including outdoor irrigation restrictions (four day a week watering) and considers a Water Offset Program for new connections. Severe < 3.5 years of available water supply (up to 40% water shortage) City implements Water Allotment Program. Water Offset Program for new connections may be increased (1.5:1 or 2:1 offset ratio). Allowable irrigation reduced to three days per week. Extreme < 3 years of available water supply (up to 50% water shortage) City continues to implement a Water Allotment Program with reduced allotment levels. Water Offset Program for new connections may be increased (1.5:1 or 2:1 offset ratio). Allowable irrigation reduced to two days per week with optional additional measures limiting turf and spray irrigation. Critical < 2.5 year of available water supply (>50% water shortage) City continues to implement a Water Allotment Program at further reduced levels (minimum for public health and safety). Irrigation no longer permitted. Water Offset Program to cease and no new connections permitted. NOTE: The City’s Water Supply Status is informed by the Water Projection Model described in Section 2, Annual Water Shortage Assessment, of this WSCP. Page 366 of 395 2020 Water Shortage Contingency Plan WSCP-7 Water Shortage Response Stage: MONITOR The City of San Luis Obispo has made water conservation an integral part of the community’s culture and policy context for managing its water resources. The community has demonstrated a high commitment to reducing its water usage during water shortages. Although not an actual declaration of a water shortage, the Water Shortage Contingency Plan’s Monitor Stage remains in place at all times along with voluntary conservation. This stage is focused on achieving voluntary water savings, as opposed to a mandatory demand reduction programs. To ensure the City is using water responsibly and remaining in compliance with water efficiency goals are regulations, the City continually assesses available water supply levels, monitors customer water demand trends, conducts water loss audits, and evaluates potential supplemental supply projects. The following are examples of demand management measures that may be taken to maintain water use efficiency goals: 1. Implement public outreach and communication programs (bill stuffers, social media, etc.) 2. Participate in trade shows, home shows, and special community events 3. Offer complimentary water audits 4. Identify and notify customers of possible leaks and inefficient uses of water 5. Encourage the use of drip irrigation and drought tolerant plants 6. Implement school (K-12) education programs related to water conservation 7. Enforce the water efficiency retrofit program (toilet retrofit upon sale program) Actions at the Monitor Stage would also include active enforcement of the City’s water waste prohibitions, such as those from Chapter 13.07 of the City’s Municipal Code, which defines water waste as follow: City of San Luis Obispo, Municipal Code 13.07.020 – Water runoff prohibited. A. No person shall cause any water delivered by the city water system to flow away from property owned, occupied or controlled by such person in any gutter, ditch or in any other manner over the surface of the ground, so as to constitute water waste runoff. B. “Water waste runoff” means water flowing away from property and which is caused by excessive application(s) of water beyond reasonable or practical flow rates, water volumes or duration of application. (Ord. 1089 § 1 (part), 1987) Page 367 of 395 2020 Water Shortage Contingency Plan WSCP-8 Water Shortage Response Stage: WATCH When the City’s available water supply would provide less than five years of water, staff could recommend to the City Council that they adopt a resolution declaring a water shortage and to enter the Watch Stage and urge the public to reduce water use by approximately ten percent. During the Watch Stage, the demand management measures utilized during the Monitor Stage above will increase along with a continued focus on voluntary water use reduction. The City will also increase public outreach, implement system and operational changes, increase enforcement actions and patrols, and undertake other administrative actions. These program expansion and changes may include: 1. Water Demand Reduction Programs: A. Accelerate water audit programs for all customer classes B. Identify largest water users in each sector and contact for complementary water audits C. Increase water waste patrols D. Conduct water use surveys E. Implement rebate programs F. Consider the use of irrigation limitations G. Host workshops on effective irrigation practices 2. Public Outreach Programs: A. Issue a press release following Watch Stage declaration B. Include information in quarterly Resource Newsletter C. Evaluate outreach effectiveness and expand outreach for non-English languages as needed D. Update City website and create a page dedicated to information on details of WSCP Watch Stage E. Use billing inserts to notify public of current situation and needs F. Coordinate with regional partners on messaging and outreach G. Increase outreach to Cuesta and Cal Poly students and at public events such as Farmers Market, SLO Home Show, homeowners association board meetings, meetings with hospitality industry, etc. H. Focus social media platforms on issues consistent with needed demand reductions 3. System and Operational Changes: A. Cease any short-term water sales. B. Reduce water usage for water main flushing and hydrant flushing C. Reduce distribution system pressure where feasible D. Increase leak detection, water meter testing, and water meter replacement E. Require use of non-potable water sources for all street sweeping and hydrocleaning F. Activate the Drought Taskforce 4. Enforcement Actions: A. First Violation: Customer Notification and Education Staff will notify the customer of the particular violation observed, and the demand reduction programs currently in place. Staff will assist the customer in determining resources necessary to comply with requirements. Examples of notification include: door tags containing educational information, mailed letter, and/or personal phone call by staff. B. Second Violation: Issuance of Notice of Violation Customer will be issued a written notice of violation (NOV), notifying the customer of specific violation, date and time the violation was observed, and consequences of subsequent violations. Page 368 of 395 2020 Water Shortage Contingency Plan WSCP-9 C. Subsequent Violations: Customer may be issued a penalty/fine for violation. 5. Other Administrative Actions: A. Begin drafting ordinance revisions and code changes that would go into effect in subsequent water shortage stages. B. Plan for the funding and implementation of specific conservation programs launched in subsequent water shortage stages. C. Review potential fiscal impacts of drought (i.e., increased water supply, operational, and capital costs); and demand reductions (reduced revenue). D. Identify and plan for the need for additional staff. In planning for additional staff, consideration should be given to funding, available office space, vehicles, training, and other needed supplies and support. E. Consider need for drought surcharge to stabilize revenue. F. Consider deferring previously scheduled capital projects as necessary to invest in acquisition of needed water supply sources and demand reductions. G. Review available supplemental water supply options, such as increased use of groundwater, utilization of potable reuse, and implementation of residential recycled water filling stations for landscape irrigation. Water Shortage Response Stage: WARNING When the City’s available water supply would provide less than 4.5 years of water, staff could recommend to the City Council that they adopt a resolution to enter the Warning Stage and urge the public to reduce water use by an additional 10 percent including mandatory conservation measures. The water conservation measures described in the Monitor and Watch Stages above may increase during the Warning Stage, with an increased focus on limiting outdoor water uses. System and operational changes would remain in place. These increases and additions to programs may include: 1. Water Demand Reduction Programs: A. Continue implementation of and possible increase of all demand reduction programs listed in Watch Stage. B. Limit outdoor watering to between the hours of 7:00 PM and 7:00 AM. C. Require restaurants to only serve water upon request. D. Restrict use of decorative water features and fountains. 2. Public Outreach Programs: A. Continue implementation of and possible increase of all public outreach programs listed in Watch Stage. B. Issue a press release following Warning Stage declaration. C. Target outreach to customers with large landscapes regarding irrigation restrictions. D. Use of billing inserts, social media, postcards, and direct mail pieces to inform customers of new requirements and prohibitions. E. Coordinate with local business groups such as the Chamber of Commerce and landscaping associations to help encourage conservation among commercial customers. F. Coordinate with homeowners associations, property rental agencies, and other local groups to help encourage conservation among residential customers. 3. Enforcement Actions (Same as previous stage) Page 369 of 395 2020 Water Shortage Contingency Plan WSCP-10 4. Other Administrative Actions: A. Continue implementation of and possible increase of all other administrative actions listed in Watch Stage. B. Begin preparing for the Alert Stage. 5. Optional Implementation of a Water Demand Offset Program: During the Warning Stage, staff will begin updating the Water Demand Offset Program and messaging about the program to the development community. The City may consider implementing a water demand offset program during this stage. Water demand offset programs are designed to require new development that causes increased water demand to offset such demand through conservation or acquisition/development of new water supplies. The goal of an offset program is to ensure that new development does not increase current water demands. It should be noted that offset programs simply expedite water efficiency measures and thus create water savings in the short term. Depending on the nature of the offset, long-term savings may not be realized. At the Warning Stage the City may choose to implement a “net neutral” offset program, requiring that new demands offset usage at a rate of 1:1. Future stages of the WSCP may suggest a more aggressive, “net positive” water demand offset program. A “net positive” water demand offset program would require a positive offset of a project’s water demand. An example of this would be a project required to offset its water demand at a ratio higher than 1:1, such as 2:1 or 3:1. There are several types of offset programs in use across California and the United States. Examples of potential offset programs are listed below. A. Toilet replacements B. Smart irrigation controllers C. Submetering D. In-lieu fees (fees are used to support new water supply projects) E. Irrigation system retrofits F. Waterless urinals G. Rainwater capture H. Recycled Water Retrofit Projects Water Shortage Response Stage: ALERT When the City’s available water supply would provide less than four years of water, staff could recommend to the City Council that they adopt a resolution to enter the Alert Stage and urge the public to reduce water use by an additional 10 percent including mandatory conservation measures. The water conservation measures described in the stages above may increase during the Alert Stage, with an increased focus on limiting outdoor water uses. System and operational changes would remain in place. These increases and additions to programs may include: 1. Water Demand Reduction Programs: A. Limit outdoor watering to four days a week and only between the hours of 7:00 PM and 7:00 AM. B. Defer landscape installations for new development or require development to install landscaping that provides a 50 percent reduction in Maximum Applied Water Allowance (MAWA). This would not apply to sites irrigated with recycled water. Page 370 of 395 2020 Water Shortage Contingency Plan WSCP-11 2. Public Outreach Programs: A. Continue implementation of and possible increase of all public outreach programs listed in previous stages. B. Issue a press release following Alert Stage declaration C. Utilize water use allocation software to identify inefficient water users and make direct contact with these properties. 3. Enforcement Actions (Same as previous stage) 4. Other Administrative Actions: A. Continue implementation of and possible increase of all other administrative actions listed in prior stages. B. Prepare utility billing system and bill format for water allocations and reductions listed in subsequent stages. C. Establish appeals committee for customers who exceed allotments in subsequent stages, request health and safety variances, or receive fines from violating water waste prohibitions. D. Increase utility billing training and support to address additional requirements of future stages. E. Begin preparing for Severe Stage. Implementation of a Water Demand Offset Program: At the Alert Stage the City may implement a “net neutral” offset program or increase a previously approved program to a “net positive” program (ex: 1.5:1 or 2:1 offset ratio). Future stages of the WSCP may suggest a more aggressive, “net positive” water demand offset program. Water Shortage Response Stage: SEVERE When the City’s available water supply would provide less than 3.5 years of water, staff could recommend to the City Council that they adopt a resolution to enter the Severe Stage and urge the public to reduce water use by an additional approximately 10 percent. At this water shortage response stage, the City would continue implementation of demand reduction measures, public outreach, enforcement, and other responses and programs described in prior stages. System and operational changes would remain in place. At the Severe Stage, a water offset program may increase to a “net positive” program, such as 1.5:1 or 2:1 ratio. Previous Water Demand Reduction Programs should be increased to include: • Limit outdoor watering to three days a week and only between the hours of 7:00 PM and 7:00 AM. During the Severe, Extreme, and Critical stages of the WSCP the City may adopt a Water Allotment Program, restricting the water use on an account-by-account basis. The following allotment method may be used: Customer Classification Severe Stage Allotment Single-family Residential and Multi-family Residential A per capita allotment allowing for indoor use and a minimal outdoor irrigation budget. Verification of persons per household may be requested Commercial and Institutional Baseline allocation or allocation based on percent reduction from normal usage Landscape Meters Allocation based on percent reduction from normal usage Page 371 of 395 2020 Water Shortage Contingency Plan WSCP-12 Water Shortage Response Stage: EXTREME When the City’s available water supply would provide less than three years of water, staff could recommend to the City Council that they adopt a resolution to enter the Extreme Stage and urge the public to reduce water use by an additional 10 percent. At this water shortage response stage, the City would continue implementation of demand reduction measures, public outreach, enforcement, and other responses and programs described in prior stages. System and operational changes would remain in place. At the Severe Stage, a water offset program may increase to a “net positive” program, such as 1.5:1 or 2:1 ratio. Previous Water Demand Reduction Programs should be increased to include: • Limit outdoor watering to two days a week and only between the hours of 7:00 PM and 7:00 AM. • Optional implementation of additional restrictions on turf and/or spray irrigation. Customer Classification Extreme Stage Allotment Single-family Residential and Multi-family Residential A per capita allotment allowing for indoor use and a reduced outdoor irrigation budget versus the Severe Stage. Verification of persons per household may be requested Commercial and Institutional Reduced baseline allocation or allocation based on percent reduction from normal usage Landscape Meters Reduced allocation based on percent reduction from normal usage At this stage, due to the limited water supplies that remain, the City could consider removal of the “courtesy notification.” Water Shortage Response Stage: CRITICAL When the City’s available water supply would provide less than 2.5 years of water, staff could recommend to the City Council that they adopt a resolution to enter the Critical Stage and urge the public to reduce water use by an additional approximately 10 percent. At this water shortage response stage, the City would continue implementation of demand reduction measures, public outreach, enforcement, and other responses and programs described in prior stages. System and operational changes would remain in place. Due to the limited water supplies that remain, the City would consider the cessation of new connections to the City’s water system. Previous Water Demand Reduction Programs should be increased to include: • Cessation of irrigation for all customers, minus specific exemptions. Customer Classification Critical Stage Allotment Single-family Residential and Multi-family Residential A per capita allotment allowing for indoor water use. Irrigation not permitted. Verification of persons per household may be requested Commercial and Institutional Reduced baseline allocation or allocation based on percent reduction from normal usage. Irrigation not permitted. Landscape Meters Not permitted. Page 372 of 395 2020 Water Shortage Contingency Plan WSCP-13 5. AERIAL IMAGERY BASED WATER BUDGETS In 2021, the City is investigating the use of software that would allow for aerial imagery to be used to establish parcel-by-parcel water budgets during the Severe, Extreme, and Critical stages of the WSCP. This software utilizes aerial imagery to identify the irrigated, irrigable, and non-irrigable square footage of every parcel within the City’s water service area. These measurements can then be used to establish an outdoor irrigation budget for each property. If the City invests in this technology, day per week irrigation restrictions outlined in the WSCP may be replaced by property-specific outdoor irrigation efficiency goals, requiring that property owners meet increasing efficiency measures at progressive stages of the WSCP. Additionally, many of these aerial imagery software packages allow for indoor water use budgets to be established, generally based on the number of residents living within a home, much like the City’s water allocation program identified within the WSCP. The use of this technology in establishing water budgets would require an update to the City’s WSCP prior to implementation. 6. EXEMPTIONS AND APPEALS As the community was impacted by the 2011-2015 drought and irrigation restrictions were put into place, community members advocated for certain exemptions related to water use restrictions. The following series of exemptions will help ensure the health and well-being of the community while not making a substantial impact on available water supplies1 . Sites using Recycled Water for Irrigation Sites utilizing recycled water are exempt from irrigation restrictions due to their reliance on recycled water in place of potable water. These sites include major City parks, such as Damon Garcia Park, French Park, Islay Park, Laguna Lake Park, Laguna Hills Park, De Vaul Park, the Laguna Lake Golf Course, and Laguna Middle School, as well as many multifamily and commercial properties. Irrigation Exceptions at Specific Facilities During the recent drought City staff and community members provided feedback that City parks with inadequate irrigation allotments could lead to hazardous conditions at recreation and play environments. To address these concerns, and to provide communal spaces for recreation during times when many homes allowed landscapes to die, in 2016 the City Council approved an amendment to Chapter 13.07.030 of the Municipal Code, allowing for daily irrigation at designated City facilities during turf renovation, and three times per week thereafter. This exemption is recommended to be expanded to include schools within the City’s boundaries as they are used for recreation in a similar manner to City parks. This exemption would only go into place in stages of the WSCP requiring irrigation restrictions. Irrigation of Trees During the 2011-2015 drought, the City heard from many residents who opted to cease irrigation of their trees in order to reduce their water demand. Unlike turf, shrubs, and other groundcover, trees take a great amount of time to grow and provide substantial ecological, environmental, practical, and economic value to the community. An exemption to irrigation restrictions allowing for the use of a hose and shutoff nozzle to hand water trees will allow the community to preserve this precious multi-benefit resource. Hospitals, Healthcare Facilities, and other Specific Business Types Hospitals, healthcare facilities, and other businesses requiring water for the health and safety of at-risk people may apply for an exemption on a case by case-basis. This exemption may be granted at the discretion of the Utilities Director or his/her/their designee. Appeals Appeals related to water use restrictions within the WSCP and associated penalties may be appealed to the Utilities Director or his/her/their designee. 1 The City does not supply potable water to separately metered water features, such as ponds, lakes, waterfalls, and fountains. Page 373 of 395 2020 Water Shortage Contingency Plan WSCP-14 7. REVENUE AND EXPENDITURE IMPACTS During a water shortage, revenues from water sales can be reduced but the City’s operations and maintenance costs would not reduce accordingly. In fact, during these periods, the City’s operational and staffing budgets can increase due to the implementation of water demand reduction measures, public outreach, increased enforcement, groundwater exploration, and other actions taken by the City during the shortage. The reduction in revenues resulting from decreased water use may also result in the need to raise water rates during that period. Under the City’s existing water rate structure (updated in 2018), water rates include both a base fee and volumetric charge based on customer usage and resulting demand on the water system. To minimize the need to raise rates during water shortages, the City has a policy that requires a minimum reserve of twenty percent of the Water Fund’s operating budget. The City also maintains a rate stabilization fund which is ten percent of rate revenue. This rate stabilization fund is designed to help stabilize rate increases and could be used to achieve this purpose of costs went up during a water shortage. City staff provides ongoing tracking of revenues and evaluates the potential impacts associated with changes in water demand assumptions used in the Water Fund Analysis. The City Council considers the water rates necessary to provide water service to the community on an annual basis and must approve water rate increases in order for them to become effective. In addition to securing water supplies, Water Fund revenue supports ongoing maintenance and operating programs needed to ensure that the water treatment and delivery systems meet all federal and state water treatment regulations and are operated and maintained to provide safe and reliable service. During the 2012-2015 drought, the City utilized a drought surcharge to help with revenue shortfalls that occurred due to the State of California’s mandatory conservation measures. This drought surcharge was subject to Proposition 218 and expired upon the end of the State of Emergency related to the drought. The adoption of a temporary drought surcharge remains an option for meeting future drought-related revenue shortfalls. 8. MONITORING, REPORTING, AND REFINEMENT PROCEDURES The City reads water meters monthly to ensure water consumption data is collected for tracking, analysis, and to meet state reporting requirements. Monitoring and reporting key water use metrics is fundamental to water supply planning and management. Monitoring is also essential to ensure that the response actions are achieving their intended water use reduction purposes, or if new actions need to be considered. Compliance tracking is also necessary for an effective enforcement program. To evaluate the functionality of the WSCP and ensure strategies are effective, staff will monitor community response to water demand reduction measures, public outreach, enforcement, and other administrative actions at each water shortage response stage. This will include review of monthly water consumption data for each customer class and monitoring associated revenue and expenditure impacts. Staff will make recommendations on program refinements to the City Council with water shortage stage progression. 9. CATASTROPHIC WATER SUPPLY INTERRUPTION The City’s Local Hazard Mitigation Plan (LHMP) was completed in 2019 as part of a countywide effort. The LHMP was adopted by the City Council in 2020. This work included risk assessment related to seismic risk (earthquakes, faults, and liquefaction). The LHMP will be submitted with the 2020 UWMP to satisfy the requirements of CWC Section 10632.5. The City has an Emergency Response Plan (ERP) to cover a variety of potential disasters including earthquakes, floods, wildland fires, etc. The ERP identifies resources available to the City from other agencies or private companies in the area. Additionally, the City of Morro Bay and the Whale Rock Commission (of which the City of San Luis Obispo is a member) executed an agreement in June of 2000 which provides for Mutual Aid between the agencies during disruption of water deliveries or lack of available water supplies. The agreement provides a general framework for exchanging water between agencies in the event of emergencies or other water disruptions. The agreement is voluntary based on each agency’s ability to assist at any point in the future. Page 374 of 395 2020 Water Shortage Contingency Plan WSCP-15 In relation to providing water service, the City would utilize both on-site and portable generators to minimize water disruptions during an extended power outage. These generators are available to the City at any time and actively maintained to ensure they are functioning adequately. The City is a member of the Water Agency Response Network (WARN). WARN is a statewide organization of water agencies and companies that have entered into a mutual aid agreement to assist other water agencies during emergencies or other water related situations. The agreement provides the framework for providing assistance and provides a key contact to initiate a multiple agency response to a water emergency situation. 10. REQUIRED STANDARDIZED TABLES Water Shortage Contingency Plan Levels Shortage Level Percentage Shortage Range Shortage Response Actions 1 Up to 10% City increases programs that encourage voluntary water conservation including public outreach, rebate programs, and water efficient fixture giveaways. City examines available alternative water sources (groundwater expansion, recycled water filling stations, water purchase agreements, etc.), City modifies internal operations to focus on decreasing water loss and prepares for subsequent WSCP stages. City ceases any outside-City water sales/leases. 2 Up to 20% City implements time of use irrigation restrictions (7:00 PM – 7:00 AM). City increases staffing, budget, and outreach to achieve additional voluntary conservation savings while preparing for Alert-Critical stages (Stages 3-6). 3 Up to 30% City requires mandatory conservation measures including outdoor irrigation restrictions (four day a week watering) and considers a Water Offset Program for new connections. 4 Up to 40% City implements Water Allotment Program. Water Offset Program for new connections may be increased (1.5:1 or 2:1 offset ratio). Allowable irrigation reduced to three days per week. 5 Up to 50% City continues to implement a Water Allotment Program with reduced allotment levels. Water Offset Program for new connections may be increased (1.5:1 or 2:1 offset ratio). Allowable irrigation reduced to two days per week with optional additional measures limiting turf and spray irrigation. 6 >50% City continues to implement a Water Allotment Program at further reduced levels (minimum for public health and safety). Irrigation no longer permitted. Water Offset Program to cease and no new connections permitted. NOTES: Table 8-1. Page 375 of 395 2020 Water Shortage Contingency Plan WSCP-16 Demand Reduction Actions Shortage Level Demand Reduction Actions %1 Additional Explanation Penalty, Charge, or Other Enforcement 1 Expand Public Information Campaign 5% No 1 Reduce System Water Loss <1% No 1 Increase Water Waste Patrols <1% No 2 Expand Public Information Campaign 3% No 2 Increase Water Waste Patrols <1% Yes 2 Other Actions (describe) 2% Outdoor irrigation restrictions Yes 2 Reduce System Water Loss <1% No 3 Expand Public Information Campaign 3% No 3 Increase Water Waste Patrols <1% Yes 3 Other Actions (describe) <1% Water Offset Program Yes 3 Other Actions (describe) 2% Outdoor irrigation restrictions Yes 4 Expand Public Information Campaign 2% No 4 Other Actions (describe) 2% Outdoor irrigation restrictions Yes 4 Increase Water Waste Patrols <1% Yes 4 Other Actions (describe) 3% Water Allotment Program Yes 4 Other Actions (describe) <1% Water Offset Program Yes 5 Expand Public Information Campaign 2% No 5 Other Actions (describe) 1% Outdoor irrigation restrictions Yes 5 Other Actions (describe) <1% Water Offset Program Yes 5 Other Actions (describe) 2% Water Allotment Program Yes 6 Expand Public Information Campaign 2% No 6 Moratorium or Net Zero Demand Increase on New Connections <1% Building Moratorium No 6 Other Actions (describe) 2% Water Allotment Program Yes 6 Other Actions (describe) 2% Outdoor irrigation restrictions Yes NOTES: 1. This column approximates how much each Demand Reduction Action would reduce the water shortage gap, as a percent of total water delivered. Total water delivered in 2020 was 4,817 acre-feet. 2. Table 8-1. Page 376 of 395 2020 Water Shortage Contingency Plan Appendix I: Public Hearing Notice and Plan Adoption Page 377 of 395 Page 378 of 395 Page 379 of 395 R 11259 RESOLUTION NO. 11259 (2021 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, ADOPTING THE 2020 WATER SHORTAGE CONTINGENCY PLAN WHEREAS, the California Legislature enacted Assembly Bill 797 during the 1983- 1984 Regular Session, and as amended subsequently, which mandates that every supplier providing water for municipal purposes to more than 3,000 customers or supplying more than 3,000 acre-feet of water annually, prepare an Urban Water Management Plan and separate Water Shortage Contingency Plan; and WHEREAS, the City is an urban supplier of water providing more than 3,000 acre- feet of water annually to approximately 15,700 customers; and WHEREAS, the 2020 Water Shortage Contingency Plan includes planned response actions during six water shortage levels to manage and mitigate potential water supply shortages; and WHEREAS, the 2020 Water Shortage Contingency Plan includes the written process the City will use each year to determine its water reliability; and WHEREAS, the 2020 Water Shortage Contingency Plan must be adopted, after public review and hearing, and filed with the California Department of Water Resources by July 1, 2021; and WHEREAS, the City has therefore prepared for public review a draft 2020 Water Shortage Contingency Plan, and a properly noticed public hearing regarding the Plan was held by the City Council on June 15, 2021. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The 2020 Water Shortage Contingency Plan for the City of San Luis Obispo, consisting of text, tables, and appendices presented to the Council on June 15, 2021, on file in the City Clerk’s Office, is hereby adopted. SECTION 2. The Utilities Director is hereby directed to distribute the 2020 Water Shortage Contingency Plan to the California State Library, the County of San Luis Obispo, and make available for public review as prescribed by state law. DocuSign Envelope ID: 95BC979C-6F2A-46F8-B834-FEC62A8194C4 Page 380 of 395 Resolution No. 11259 (2021 Series) Page 2 R 11259 SECTION 3. The adoption of the City’s 2020 Water Shortage Contingency Plan is hereby determined to be statutorily exempt from the requirements of the California Environmental Quality Act pursuant to California Water Code §10652. Upon motion of Council Member Pease, seconded by Council Member Christianson, and on the following roll call vote: AYES: Council Member Christianson, Marx, Pease, Vice Mayor Stewart, and Mayor Harmon NOES: None ABSENT: None The foregoing resolution was adopted this 15th day of June 2021. Mayor Heidi Harmon ATTEST: Teresa Purrington, City Clerk APPROVED: J. Christine Dietrick, City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. Teresa Purrington, City Clerk DocuSign Envelope ID: 95BC979C-6F2A-46F8-B834-FEC62A8194C4 6/17/2021 | 8:24 AM PDT Page 381 of 395 Page 382 of 395 EXECUTIVE DEPARTMENT STATE OF CALIFORNIA EXECUTIVE ORDER N-7-22 WHEREAS on April 12, 202 l, May l 0, 2021, July 8, 202 l, and October 19, 2021, I proclaimed states of emergency that continue today and exist across a ll the counties of California, due to extreme and expanding drought conditions; and WHEREAS climate change continues to intensify the impacts of droughts on our communities, environment, and economy, and California is in a third consecutive year of dry conditions, resulting in continuing drought in all parts of the State; and WHEREAS the 21st century to date has been characterized by record warmth and predominantly dry conditions, and the 202 1 meteorological summer in California and the rest of the western United States was the hottest on record; and WHEREAS since my October 19, 2021 Proclamation, early rains in October and December 2021 gave way to the driest January and February in recorded history for the watersheds that provide much of California's water supply; and WHEREAS the ongoing drought will have significant, immediate impacts on communities with vulnerable water supplies, farms that rely on irrigation to grow food and fiber, and fish and wildlife that rely on stream flows and cool water; and WHEREAS the two largest reservoirs of the Central Valley Project, which supplies water to farms and communities in the Central Valley and the Santa Clara Valley and provides critical cold-water habitat for salmon and other anadromous fish, have water storage levels that are approximately l .1 million acre-feet below last year's low levels on this date; and WHEREAS the record-breaking dry period in January and February and the absence of significant rains in March have required the Department of Water Resources to reduce anticipated deliveries from the State Water Project to 5 percent of requested supplies; and WHEREAS delivery of water by bottle or truck is necessary to protect human safety and public health in those places where water supplies are disrupted; and WHEREAS groundwater use accounts for 41 percent of the State's total water supply on an average annual basis but as much as 58 percent in a critically dry year, and approximately 85 percent of public water systems rely on groundwater as their primary supply; and WHEREAS coordination between loca l entities that approve permits for new groundwater wells and local groundwater sustainability agencies is important to achieving sustainable levels of groundwater in critically overdrafted basins; and Page 383 of 395 WHEREAS the duration of the drought, especially following a multiyear drought that abated only five years ago, underscores the need for California to redouble near-, medium-, and long-term efforts to adapt its water management and delivery systems to a chang ing climate, shifting precipitation patterns, and water scarcity; and WHEREAS the most consequential, immediate action Californians can take to extend available supplies is to voluntarily reduce their water use by 15 percent from their 2020 levels by implementing the commonsense measures identified in operative paragraph 1 of Executive Order N-10-21 (July 8, 2021 ); and WHEREAS to protect public health and safety, it is critica l the State take certain immediate actions without undue delay to prepare for and mitigate the effects of the drought conditions, and under Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Proclamation would prevent, hinder, or delay t he mitigation of the effects of the drought conditions. NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately: IT IS HEREBY ORDERED THAT: 1. The orders and provisions contained in my April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021 Proclamations remain in fu ll force and effect, except as modified by those Proclamations and herein. State agencies shall continue to implement all directions from those Proclamations and accelerate implementation where feasible. 2. To help the State achieve its conservation goals and ensure sufficient water for essential indoor and outdoor use, I call on all Californians to strive to limit summertime water use and to use water more efficiently indoors and out. The statewide Save Our Water conservation campaign at SaveOurWater.com provides simple ways for Californians to reduce water use in their everyday lives. Furthermore, I encourage Californians to understand and track the amount of water they use and measure their progress toward their conservation goals. 3. By May 25, .2022, the State Water Resources Control Board (Water Board) shall consider adopting emergency regulations that include a ll of the following: a. A requirement that each urban water supplier, as defined in section 10617 of the Water Code, shall submit to the Department of Water Resources a preliminary annual water supply and demand assessment consistent with section 10632.1 of the Water Code no later t han June 1, 2022, and submit a fina l annual water Page 384 of 395 supply and demand assessment to the Department of Water Resources no later than the deadline set by section 10632.1 of the Water Code; b. A requirement that each urban water supplier that has submitted a water shortage contingency plan to the Department of Water Resources implement, at a minimum, the shortage response actions adopted under section 10632 of the Water Code for a shortage level of up to twenty percent (Level 2), by a date to be set by the Water Board; and c. A requirement that each urban water supplier that has not submitted a water shortage contingency plan to the Department of Water Resources implement, at a minimum, shortage response actions established by the Water Board, which shall take into consideration model actions that the Department of Water Resources shall develop for urban water supplier water shortage contingency planning for Level 2, by a date to be set by the Water Board. To further conserve water and improve drought resiliency if the drought lasts beyond this year, I encourage urban water suppliers to conserve more than required by the emergency regulations described in this paragraph and to voluntarily activate more stringent local requirements based on a shortage level of up to thirty percent (Level 3). 4 . To promote water conservation, the Department of Water Resources shall consult with leaders in the commercial, industrial, and institutional sectors to develop strategies for improving water conservation, including direct technical assistance, financial assistance, and other approaches. By May 25, 2022, the Water Board shall consider adopting emergency regulations defining "non-functional turf" (that is, a definition of turf that is ornamental and not otherwise used for human recreation purposes such as school fields, sports fields, and parks) and banning irrigation of non-functional turf in the commercial, industrial, and institutional sectors except as it may be required to ensure the health of trees and other perennial non-turf plantings. 5. In order to maximize the efficient use of water and to preserve water supplies critical to human health and safety and the environment, Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are hereby suspended, with respect to the directives in paragraphs 3 and 4 of this Order and any other projects and activities for the purpose of water conservation to the extent necessary to address the impacts of the drought, and any permits necessary to carry out such projects or activities. Entities that desire to conduct activities under this suspension, other than the directives in paragraphs 3 and 4 of this Order, shall first request that the Secretary of the Natural Resources Agency make a determination that the proposed activities are eligible to be conducted under this suspension. The Secretary shall use sound discretion in applying this Executive Order to ensure that the suspension serves the purpose of accelerating conservation projects that are necessary to address impacts of the drought, while at the same time Page 385 of 395 protecting public health and the environment. The entities implementing these directives or conducting activities under this suspension shall maintain on their websites a list of all activities or approvals for which these provisions are suspended. 6. To support voluntary approaches to improve fish habitat that would require change petitions under Water Code section 1707 and either Water Code sections 1425 through 1432 or Water Code sections 1725 through 1732, and where the primary purpose is to improve conditions for fish, the Water Board shall expeditiously consider petitions that add a fish and wildlife beneficial use or point of diversion and place of storage to improve conditions for anadromous fish. California Code of Regulations, title 23, section 1064, subdivisions ( a) ( 1) (A) (i)-(ii) are suspended with respect to any petition that is subject to this paragraph. 7. To facilitate the hauling of water for domestic use by loca l communities and domestic water users threatened with the loss of water supply or degraded water quality resulting from drought, any ordinance, regulation, prohibition, policy, or requirement of any kind adopted by a public agency that prohibits the hauling of water out of the water's basin of origin or a public agency's jurisdiction is hereby suspended. The suspension authorized pursuant to this paragraph shall be limited to the hauling of water by truck or bottle to be used for human consumption, cooking, or sanitation in communities or residences threatened with the loss of affordable safe drinking water. Nothing in this paragraph limits any public health or safety requirement to ensure the safety of hauled water. 8. The Water Board shall expand inspections to determine whether illegal diversions or wasteful or unreasonable use of water are occurring and bring enforcement actions against illegal diverters and those engaging in the wasteful and unreasonable use of water. When access is not granted by a property owner, the Water Board may obtain an inspection warrant pursuant to the procedures set forth in Title 13 (commencing with section 1822.50) of Part 3 of the Code of Civil Procedure for the purposes of conducting an inspection pursuant to this directive. 9. To protect health, safety, and the environment during this drought emergency, a county, city, or other public agency shall not: a. Approve a permit for a new groundwater well or for alteration of an existing well in a basin subject to the Sustainable Groundwater Management Act and classified as medium-or high-priority without first obtaining written verification from a Groundwater Sustainability Agency managing the basin or area of the basin where the well is proposed to be located that groundwater extraction by the proposed well would not be inconsistent with any sustainable groundwater management program established in any applicable Groundwater Sustainability Plan adopted by that Groundwater Sustainability Page 386 of 395 Agency and would not decrease the likelihood of achieving a sustainability goal for the basin covered by such a plan; or b. Issue a permit for a new groundwater well or for alteration of an existing well without first determining that extraction of groundwater from the proposed well is (1) not likely to interfere with the production and functioning of existing nearby wells, and (2) not likely to cause subsidence that would adversely impact or damage nearby infrastructure. This paragraph shall not apply to permits for wells that will provide less than two acre-feet per year of groundwater for individual domestic users, or that will exclusively provide groundwater to public water supply systems as defined in section 116275 of the Health and Safety Code. 10. To address household or small community drinking water shortages dependent upon groundwater wells that have failed due to drought conditions, the Department of Water Resources shall work with other state agencies to investigate expedited regulatory pathways to modify, repair, or reconstruct failed household or small community or public supply wells, while recognizing the need to ensure the sustainability of such wells as provided for in paragraph 9. 11. State agencies shall collaborate with tribes and federal, regiona l, and local agencies on actions related to promoting groundwater recharge and increasing storage. 12. To help advance groundwater recharge projects, and to demonstrate the feasibility of projects that can use available high water flows to recharge local groundwater while minimizing flood risks, the Water Board and Regional Water Quality Control Boards shall prioritize water right permits, water quality certifications, waste discharge requirements, and conditional waivers of waste discharge requirements to accelerate approvals for projects that enhance the ability of a local or state agency to capture high precipitation events for local storage or recharge, consistent with water right priorities and protections for fish and wildlife. For the purposes of carrying out this paragraph, Division 13 (commencing with section 21000) of the Public Resources Code and regulations adopted pursuant to that Division, and Chapter 3 ( commencing with section 85225) of Part 3 of Division 35 of the Water Code and regulations adopted pursuant thereto are hereby suspended to the extent necessary to address the impacts of the drought. This suspension applies to (a) any actions taken by state agencies, (b) any actions taken by local agencies where the state agency with primary responsibility for the implementation of the directives concurs that local action is required, and (c) permits necessary to carry out actions under (a) or (b). The entities implementing these directives shall maintain on their websites a list of all activities or approvals for which these provisions are suspended. 13 . With respect to recharge projects under either Flood-Managed Aquifer Recharge or the Department of Water Resources Sustainable Page 387 of 395 Groundwater Management Grant Program occurring on open and working lands to replenish and store water in groundwater basins that will help mitigate groundwater conditions impacted by drought, for any (a) actions taken by state agencies, (b) actions taken by a loca l agency where the Department of Water Resources concurs that local action is required, and (c) permits necessary to carry out actions under (a) or (b), Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are hereby suspended to the extent necessary to address the impacts of the drought. The entities implementing these directives shall maintain on their websites a list of all activities or approvals for which these provisions are suspended. 14. To increase resilience of.state water supplies during prolonged drought conditions, the Department of Water Resources shall prepare for the potential creation and implementation of a multi-year transfer program pilot project for the purpose of acquiring water from willing partners and storing and conveying water to areas of need. 15. By April 15, 2022, state agencies shall submit to the Department of Finance for my consideration proposals to mitigate the worsening effects of severe drought, including emergency assistance to communities and households and others facing water shortages as a result of the drought, facilitation of groundwater recharge and wastewater recycling, improvements in water use efficiency, protection of fish and wildlife, mitigation of drought-related economic or water-supply disruption, and other potential investments to support short-and long-term drought response. IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order. This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person. IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 28th day of March 2022. I I ,:, .l · I' t (.1 I l~~-~-- GAVIN NEWSOM Governor of California ATTEST: SHIRLEY N. WEBER, PH.D. Secretary of State Page 388 of 395