DATE: March 11, 2025
TO: Board of Supervisors
SUBMITTED BY: Steven E. White, Director
Department of Public Works and Planning
SUBJECT: 2025-2026 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 Resolution declaring Water Conservation Stage One from April 1, 2025 through October 31, 2025 and Stage Three from November 1, 2025 through March 31, 2026, and impose the corresponding regulations within County Service Area No. 39 Zones A & B under Fresno County Ordinance, 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 Resolution declaring Water Conservation Stage Four from April 1, 2025 through March 31, 2026 and impose the corresponding regulations within Waterworks District No. 40 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). All other water Districts not specifically identified will be placed under the Normal Water Conservation regulations in Fresno County Ordinance Code, Chapter 14.01. Record owners of properties within the districts (including their tenants of record) covered by the 2025-26 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. 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.
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, with the last report going on March 5, 2024.
On January 3, 2025, 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 23, 2025. 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 7, 2025, 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 March 4, 2025.
In the Report, staff recommends the implementation of a water conservation stage for two Districts in the 2025-26 water year (April 1, 2025 through March 31, 2026), 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 are CSA 39AB and WWD 40. Staff recommends Normal Water Conservation regulations for all other Districts.
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 B of the Report, most closely align with “Water Conservation Stage One” under Ordinance Code section 14.01.090 (Stage One) from April 1, 2025 through October 31, 2025 and with “Water Conservation Stage Three” under Ordinance Code section 14.01.100 (Stage Three) from November 1, 2025 through March 31, 2026. Therefore, Department staff recommends Stage One from April 1, 2025, through October 31, 2025, and Stage Three November 1, 2025, through March 31, 2026, 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 2025-26 water year. Therefore, staff recommends that WWD 40 be set at “Water Conservation Stage Four” under Ordinance Code section 14.01.110 for the 2025-26 water year.
On January 4, 2022, the SWRCB passed Resolution No. 2022-0002, adopting emergency regulations from the Proclamations ordered by Governor Newsom in 2021 to supplement voluntary water conservation. 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. On September 5, 2024, Governor Newsom signed Executive Order N-3-24, based on improved drought conditions, certain provisions in prior Proclamations and Orders were terminated including State of Emergency Proclamation dated October 19, 2021, paragraph 9. After terminating the restrictions, the County of Fresno recommends all other water Districts not specifically identified will be placed under the Normal Water Conservation regulations in Fresno County Ordinance Code, Chapter 14.01.
If your Board adopts the recommended resolutions declaring specific water conservation stages for CSA 39AB and WWD 40, those water conservation rules will go into effect in those Districts on April 1, 2025.
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 #6, March 5, 2024
BAI #10, March 14, 2023
BAI #17, March 22, 2022
BAI #10, March 9, 2021
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - 2025-26 Annual Water Conservation Report
On file with Clerk - Resolution (CSA 39AB)
On file with Clerk - Resolution (WWD40)
CAO ANALYST:
Salvador Espino