DATE: March 5, 2024
TO: Board of Supervisors
SUBMITTED BY: Steven E. White, Director
Department of Public Works and Planning
SUBJECT: 2024-2025 Annual Water Conservation Report
RECOMMENDED ACTION(S):
TITLE
Sitting as the Fresno County Board of Supervisors:
1. Conduct a public hearing on the Annual Water Conservation Report; and
2. Adopt Resolutions declaring Water Conservation Stages from April 1, 2024 - March 31, 2025, and impose the corresponding regulations within County Service Area No. 1; 5; 10; 10A; 14; 23; 30; 32; 34, Zones A, C, D, F, & G; 34B; 39AB; 43W; 44C; 44D; 47; and 49 under Fresno County Ordinance Code Chapter 14.01.
Sitting as the Board of Directors of Waterworks District Nos. 37, 38, 40, 41W, and 42:
3. Conduct a public hearing on the Annual Water Conservation Report; and
4. Adopt Resolutions declaring Water Conservation Stages from April 1, 2024 - March 31, 2025, and impose the corresponding regulations within Waterworks District Nos. 37, 38, 40, 41W, and 42 under Fresno County Ordinance Code, Chapter 14.01.
REPORT
Approval of the recommended actions will implement a water conservation stage for the identified County Service Areas (CSAs) and Waterworks Districts (WWD), to be implemented independently for each CSA and WWD (collectively, Districts). Record owners of properties within the Districts (including their tenants of record) covered by the 2024-25 Annual Water Conservation Report (Report) were notified of this public hearing per section 14.01.050 of the Fresno County Ordinance Code.
This item pertains to residents in County Districts 1, 4, and 5.
ALTERNATIVE ACTION(S):
Your Board can choose to impose a different water conservation stage than those recommended by staff in the Report. With respect to CSAs 30, 32 and 49, choosing to impose a different water conservation stage could mean a violation of the regulations placed on these districts by Westlands Water District (Westlands), their raw water provider. For CSA 39AB, choosing to impose a different water conservation stage could mean a violation of the regulations placed on CSA 39AB as a customer of the City of Fresno (City), its potable water provider. For WWD 40, choosing to impose a different water conservation stage could result in less than a sufficient quantity of water, which would have adverse effects on human consumption, sanitation, and fire protection. For the remaining CSAs and WWDs that are recommended at Stage One, that would mean imposing less stringent regulations than those put in place statewide by the State Water Resources Control Board (SWRCB).
FISCAL IMPACT:
There is no Net County Cost associated with the recommended actions. All associated costs are funded by the 21 Districts covered in the Report. The recommended water conservation stages would be funded by the District where the enforcement occurs.
DISCUSSION:
Fresno County Ordinance Code (Ordinance Code), Chapter 14.01, provides water conservation rules for all county service areas, county service area zones, and county waterworks districts whose governing board is your Board, where the County serves water for human consumption (Districts). In accordance with Ordinance Code section 14.01.040(A), in March of each year, for each of the Districts, the Director shall present to the Board an annual water conservation report.
On December 29, 2023, in accordance with Ordinance Code section 14.01.040(B), the Department staff sent a draft of the Report to all Citizens Advisory Committee (CAC) members of the 21 Districts and requested that comments, questions, and concerns regarding the draft Report be sent to staff by January 18, 2024. Department staff also informed the CAC members that any comments received would be included with the presentation of the Report to your Board.
In accordance with Ordinance Code section 14.01.050(B), staff mailed notices of this public meeting on February 2, 2024, via United States Postal Service first-class mail to all record property owners (including their tenants) within the Districts covered by the Report as shown on the last equalization assessment roll. In accordance with Ordinance Code section 14.01.050(A) and California Water Code section 352, staff published the required notice in The Fresno Bee on February 27, 2024.
In the Report, staff recommends the implementation of a water conservation stage for all Districts in the 2024-25 water year (April 1, 2024 through March 31, 2025), based on relevant information regarding their specific water supply and demand during the past few years. The Districts for which staff recommends a water conservation stage of Stage 2 or higher are CSAs 30, 32, 39AB, and 49 and WWD 40. Staff recommends Stage One regulations for all other Districts.
CSAs 30, 32 and 49 purchase untreated water from Westlands. As the water-providing agency, Westlands has implemented water restrictions which are outlined in Appendix E of the Report. The restrictions imposed by Westlands most closely relate to section 14.01.110 “Water Conservation Stage Four” (Stage Four) of the Ordinance. For this reason, staff recommends Stage Four for CSAs 30, 32 and 49.
Through an agreement, CSA 39AB purchases treated water from the City. As a customer of the City, CSA 39AB is expected to comply with the current water regulations enforced by the City. The City’s water regulations, outlined in Appendix C of the Report, most closely align with “Water Conservation Stage Two” under Ordinance Code section 14.01.090 (Stage Two) from May 1, 2024 through November 30, 2024 and with “Water Conservation Stage Three” under Ordinance Code section 14.01.100 (Stage Three) from December 1, 2024 through April 30, 2025. Therefore, Department staff recommends Stage Two from May 1, 2024 through November 30, 2024, and Stage Three from April 1, 2024 through April 30, 2024, and again from December 1, 2024 through March 31, 2025, for CSA 39AB.
If conservation for WWD 40 does not continue, Department staff projects that the WWD 40 wells may not be able to sustain sufficient water capacity for human consumption, sanitation, and fire protection for some periods in the 2024-25 water year. Therefore, staff recommends that WWD 40 set at “Water Conservation Stage Four” under Ordinance Code section 14.01.110 for the 2024-25 water year.
On January 4, 2022, the SWRCB passed Resolution No. 2022-0002, adopting emergency regulations to supplement voluntary water conservation. The regulations became in effect starting January 18, 2022, and in December 2022, SWRCB Resolution No. 2022-0054 extended the regulations for one year unless the SWRCB determines that it is no longer necessary due to changed conditions or unless they renew the regulations due to continued drought conditions. On March 24, 2023, Governor Newsom signed Executive Order N-5-23, affirming that continued action by the State is needed to address ongoing consequences of the drought emergency, that next winter’s hydrology is uncertain, and that the most efficient way to preserve the State’s improved surface water supplies is for Californians to continue their ongoing efforts to make conservation a way of life. The Executive Order N-5-23 terminated specific paragraphs from prior issued State of Emergency Proclamations. State of Emergency Proclamation dated October 19, 2021, paragraph 9, which were restrictions most closely aligned with County of Fresno Water Conservation Ordinance Stage 1, was not terminated. The Executive Order N-5-23 states that State agencies shall continue to implement all directions from those Proclamations and Orders. On May 26, 2023, the SWRCB adopted Resolution No. 2023-24-EXEC which recognizes the proclamations and Executive Orders, including Executive Order N-5-23, made by Governor Newsom to urge Californians to reduce their water use. The regulations apply to all water users statewide. Resolution No. 2022-0002, Resolution No. 2022-0054, Executive Order N-5-23 and Resolution No. 2023-24-EXEC are included in Appendices F, G, H and Appendix I of the Report.
In the SWRCB’s Frequently Asked Questions for the emergency regulations it states: “Local government/agencies retain their discretion in how they use their enforcement resources; nothing in this regulation gives water waste infractions priority over other infractions or requires any specific enforcement. Local government/agencies also may choose to enforce their own drought conservation rules in their discretion, including those in their Water Shortage Contingency Plans (WSCPs), as opposed to the emergency regulation. The emergency regulation gives some local agencies additional options to deal with water waste and can assist them with conservation messaging.”
After review of the drought regulations, the Department is recommending that the County use the authority under its own ordinance to promote water conservation in the Districts, instead of using enforcement authority under the statewide regulation. Except for those water systems for which Stage 2 or higher is warranted by local circumstances, staff recommends County of Fresno Water Conservation Ordinance Stage 1 as most closely comparing with the restrictions imposed on water users throughout the state by the statewide emergency drought regulations.
If your Board adopts the recommended resolutions declaring specific water conservation stages for the identified CSAs and WWDs, each of those specific water conservation rules will go into effect in those Districts on April 1, 2024.
While all recommendations are based on the review of individual systems, it is important to note that excessive water use, both from these systems or systems not maintained by the County, might have regional impacts on water resources. Department staff is continuously reviewing new drought legislation and assessing water capacity, and if needed, will return to the Board with amendments to the Report.
REFERENCE MATERIAL:
BAI #10, March 9, 2021
BAI #17, March 22, 2022
BAI #10, March 14, 2023
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - 2024-25 Annual Water Conservation Report
On file with Clerk - Resolutions (CSAs and WWDs)
CAO ANALYST:
Salvador Espino