| 1 | | - | Amended IN Senate August 14, 2023 Amended IN Senate July 03, 2023 Amended IN Assembly May 18, 2023 Amended IN Assembly April 25, 2023 Amended IN Assembly March 09, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 754Introduced by Assembly Member PapanFebruary 13, 2023 An act to amend Sections 10632 and 10826.2 of the Water Code, relating to water. LEGISLATIVE COUNSEL'S DIGESTAB 754, as amended, Papan. Water management planning: water shortages.(1) Existing law, the Urban Water Management Planning Act, requires every public and private urban water supplier that directly or indirectly provides water for municipal purposes to prepare and adopt an urban water management plan. Existing law requires an urban water management plan to quantify past, current, and projected water use, identifying the uses among water use sectors, including, among others, commercial, agricultural, and industrial. Existing law requires every urban water supplier to prepare and adopt a water shortage contingency plan as part of its urban water management plan. Existing law requires the water shortage contingency plan to include the procedures for used in conducting an annual water supply and demand assessment, including the key data inputs and assessment methodology used to evaluate the urban water suppliers water supply reliability for the current year and one dry year. Existing law requires the key data inputs and assessment methodology to include specified information, including, among other things, a description and quantification of each source of water supply.This bill would require a water shortage contingency plan to include, if if, based on a description and quantification of each source of water supply, a single reservoir constitutes at least 50% of the total water supply, an identification of the dam and description of existing reservoir management operations, as specified, and if the reservoir is owned and operated by the urban water supplier, a description of operational practices and approaches, as specified. The bill would require a water shortage contingency plan to include reservoir shortage levels relative to the target water supply storage curve that will trigger specified shortage response actions.(2) Existing law requires an agricultural water supplier to prepare and adopt an agricultural water management plan with specified components and to update those plans on or before April 1 in the years ending in 6 and one. Existing law requires an agricultural water supplier to include develop a drought plan as part of its agricultural water management plan. Existing law requires the drought plan to describe the agricultural water suppliers actions relating to drought preparedness and management of water supplies and allocations during drought conditions, as provided. Existing law requires drought response planning to include, among other things, policies and a process for declaring a water shortage and for implementing water shortage allocations and related response actions.This bill would require, if if, based on specified findings related to water supply, a single reservoir constitutes at least 50% of the total water supply, the policies for declaring a water shortage to consider specified certain information related to that reservoir.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 10632 of the Water Code is amended to read:10632. (a) Every urban water supplier shall prepare and adopt a water shortage contingency plan as part of its urban water management plan that consists of each of the following elements:(1) The analysis of water supply reliability conducted pursuant to Section 10635.(2) The procedures used in conducting an annual water supply and demand assessment that include, at a minimum, both of the following:(A) The written decisionmaking process that an urban water supplier will use each year to determine its water supply reliability.(B) The key data inputs and assessment methodology used to evaluate the urban water suppliers water supply reliability for the current year and one dry year, including all of the following:(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.(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.(iii) Existing infrastructure capabilities and plausible constraints.(iv) A defined set of locally applicable evaluation criteria that are consistently relied upon for each annual water supply and demand assessment.(v) (I) A description and quantification of each source of water supply.(II) If, based on the description and quantification of each source of water supply pursuant to subclause (I), a single reservoir constitutes at least 50 percent of the total water supply, all of the following information:(ia) An identification of the dam and description of existing reservoir management operations, including:(Ia) The name of the reservoir.(Ib) The name of the reservoir owner and operator.(Ic) Total reservoir capacity.(Id) The range of historic annual inflows into the reservoir.(Ie) The range of historic annual outflows from the reservoir.(If) The range of historic annual carryover volumes for the reservoir.(Ig) The purposes for which the reservoir is operated, which may include, but are not limited to, water released for instream uses, water supplied for consumptive use, flood control, hydroelectric generation, and recreation.(Ih) Existing regulatory requirements, including instream flow requirements downstream of the reservoir.(Ii) A target water supply storage curve for that reservoir based on target carryover levels sufficient to satisfy water users and ecological streamflow needs pursuant to any applicable state, federal, or local regulations, and water quality needs pursuant to any state, federal, or local regulations for the current year and one dry year, with reasonably predicted inflow and outflow calculations considering the factors described in sub-sub-subclauses (Ia) though to (Ih), inclusive.(Ij) Each month, the actual reservoir level shall be plotted against the target water supply storage curve on a calendar to compare actual reservoir levels with target reservoir levels. This analysis shall be included in the annual water supply and demand assessment as required by Section 10632.1.(ib) If the reservoir is owned and operated by the supplier, a description of operational practices and approaches, including both of the following:(Ia) Existing annual carryover targets and reservoir operations taken to achieve those targets under the range of historic hydrologic conditions described in this section.(Ib) Potential actions that may be taken under a range of potential future hydrologic conditions considering climate change.(3) (A) Six standard water shortage levels corresponding to progressive ranges of up to 10-, 20-, 30-, 40-, and 50-percent shortages, and greater than 50-percent shortage. Urban water suppliers shall define these shortage levels based on the suppliers water supply conditions, including percentage reductions in water supply, changes in groundwater levels, changes in surface elevation or level of subsidence, or other changes in hydrological or other local conditions indicative of the water supply available for use. Shortage levels shall also apply to catastrophic interruption of water supplies, including, but not limited to, a regional power outage, an earthquake, and other potential emergency events.(B) An urban water supplier with an existing water shortage contingency plan that uses different water shortage levels may comply with the requirement in subparagraph (A) by developing and including a cross-reference relating its existing categories to the six standard water shortage levels.(4) Shortage response actions that align with the defined shortage levels and include, at a minimum, all of the following:(A) Locally appropriate supply augmentation actions.(B) Locally appropriate demand reduction actions to adequately respond to shortages.(C) Locally appropriate operational changes.(D) Additional, mandatory prohibitions against specific water use practices that are in addition to state-mandated prohibitions and appropriate to the local conditions.(E) For each action, an estimate of the extent to which the gap between supplies and demand will be reduced by implementation of the action.(5) Communication protocols and procedures to inform customers, the public, interested parties, and local, regional, and state governments, regarding, at a minimum, all of the following:(A) Any current or predicted shortages as determined by the annual water supply and demand assessment described pursuant to Section 10632.1.(B) Any shortage response actions triggered or anticipated to be triggered by the annual water supply and demand assessment described pursuant to Section 10632.1.(C) Any other relevant communications.(6) For an urban retail water supplier, customer compliance, enforcement, appeal, and exemption procedures for triggered shortage response actions as determined pursuant to Section 10632.2.(7) (A) A description of the legal authorities that empower the urban water supplier to implement and enforce its shortage response actions specified in paragraph (4) that may include, but are not limited to, statutory authorities, ordinances, resolutions, and contract provisions.(B) A statement that an urban water supplier shall declare a water shortage emergency in accordance with Chapter 3 (commencing with Section 350) of Division 1.(C) A statement that an urban water supplier shall coordinate with any city or county within which it provides water supply services for the possible proclamation of a local emergency, as defined in Section 8558 of the Government Code.(8) A description of the financial consequences of, and responses for, drought conditions, including, but not limited to, all of the following:(A) A description of potential revenue reductions and expense increases associated with activated shortage response actions described in paragraph (4).(B) A description of mitigation actions needed to address revenue reductions and expense increases associated with activated shortage response actions described in paragraph (4).(C) A description of the cost of compliance with Chapter 3.3 (commencing with Section 365) of Division 1.(9) For an urban retail water supplier, monitoring and reporting requirements and procedures that ensure appropriate data is collected, tracked, and analyzed for purposes of monitoring customer compliance and to meet state reporting requirements.(10) Reevaluation and improvement procedures for systematically monitoring and evaluating the functionality of the water shortage contingency plan in order to ensure shortage risk tolerance is adequate and appropriate water shortage mitigation strategies are implemented as needed.(b) For purposes of developing the water shortage contingency plan pursuant to subdivision (a), an urban water supplier shall analyze and define water features that are artificially supplied with water, including ponds, lakes, waterfalls, and fountains, separately from swimming pools and spas, as defined in subdivision (a) of Section 115921 of the Health and Safety Code.(c) The urban water supplier shall make available the water shortage contingency plan prepared pursuant to this article to its customers and any city or county within which it provides water supplies no later than 30 days after adoption of the water shortage contingency plan.SEC. 2. Section 10826.2 of the Water Code is amended to read:10826.2. As part of its agricultural water management plan, each agricultural water supplier shall develop a drought plan for periods of limited water supply describing the actions of the agricultural water supplier for drought preparedness and management of water supplies and allocations during drought conditions. The drought plan shall contain both of the following:(a) Resilience planning, including all of the following:(1) Data, indicators, and information needed to determine the water supply availability and levels of drought severity.(2) Analyses and identification of potential vulnerability to drought.(3) A description of the opportunities and constraints for improving drought resilience planning, including all of the following:(A) The availability of new technology or information.(B) The ability of the agricultural water supplier to obtain or use additional water supplies during drought conditions.(C) A description of other actions planned for implementation to improve drought resilience.(b) Drought response planning, including all of the following:(1) Policies and a process for declaring a water shortage and for implementing water shortage allocations and related response actions.(2) Methods and procedures for the enforcement or appeal of, or exemption from, triggered shortage response actions.(3) Methods and procedures for monitoring and evaluation of the effectiveness of the drought plan.(4) Communication protocols and procedures to inform and coordinate customers, the public, interested parties, and local, regional, and state government.(5) A description of the potential impacts on the revenues, financial condition, and planned expenditures of the agricultural water supplier during drought conditions that reduce water allocations, and proposed measures to overcome those impacts, including reserve-level policies.(c) If, based on the findings in subparagraphs paragraphs (1) through to (3), inclusive, of subdivision (b) of Section 10826 10826, a single reservoir constitutes at least 50 percent of the total water supply, the policies for declaring a water shortage pursuant to paragraph (1) of subdivision (b) shall include consideration of all of the following information:(1) An identification of the dam and description of existing reservoir management operations, including all of the following:(A) The name of the reservoir.(B) The name of the reservoir owner and operator.(C) Total reservoir capacity.(D) The range of historic annual inflows into the reservoir.(E) The range of historic annual outflows from the reservoir.(F) The range of historic annual carryover volumes for the reservoir.(G) The purposes for which the reservoir is operated, which may include, but are not limited to, water released for instream uses, water supplied for consumptive use, flood control, hydroelectric generation, and recreation.(H) Existing regulatory requirements, including instream flow requirements downstream of the reservoir.(I) A target water supply storage curve for that reservoir based on target carryover levels sufficient to satisfy water users and ecological streamflow needs pursuant to any applicable state, federal, or local regulations, and water quality needs pursuant to any state, federal, or local regulations for the current year and one dry year, with reasonably predicted inflow and outflow calculations considering factors described in subparagraphs (A) through to (H), inclusive.(J) Each month, the actual reservoir level shall be plotted against the target water supply storage curve on a calendar. This analysis shall be submitted every five years to the department in addition to the agricultural water management plan.(2) If the reservoir is owned and operated by the supplier, a description of operational practices and approaches, including both of the following:(A) Existing annual carryover targets and reservoir operations taken to achieve those targets under the range of historic hydrologic conditions described in this section.(B) Potential actions that may be taken under a range of potential future hydrologic conditions considering climate change. |
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| 1 | + | Amended IN Senate July 03, 2023 Amended IN Assembly May 18, 2023 Amended IN Assembly April 25, 2023 Amended IN Assembly March 09, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 754Introduced by Assembly Member PapanFebruary 13, 2023 An act to amend Sections 10631, 10632, 10632 and 10826.2 of the Water Code, relating to water. LEGISLATIVE COUNSEL'S DIGESTAB 754, as amended, Papan. Water management planning: water shortages.(1)Existing law, the Urban Water Management Planning Act, requires every public and private urban water supplier that directly or indirectly provides water for municipal purposes to prepare and adopt an urban water management plan. Existing law requires an urban water management plan to quantify past, current, and projected water use, identifying the uses among water use sectors, including, among others, commercial, agricultural, and industrial. Existing law requires an urban water management plan to identify and quantify, to the extent practicable, the existing and planned sources of water available to the supplier over a specified period of time, providing supporting and related information, including, among other things, a description of the management of each supply in correlation with the other identified supplies when multiple sources of water supply are identified. Existing law requires an urban water management plan to include a narrative relating to water demand management measures implemented over the prior 5 years.This bill would require an urban water management plan to include in that narrative any demand management measures that have a significant impact on water used by downstream water rights holders.(2)(1) Existing law, the Urban Water Management Planning Act, requires every public and private urban water supplier that directly or indirectly provides water for municipal purposes to prepare and adopt an urban water management plan. Existing law requires an urban water management plan to quantify past, current, and projected water use, identifying the uses among water use sectors, including, among others, commercial, agricultural, and industrial. Existing law requires every urban water supplier to prepare and adopt a water shortage contingency plan as part of its urban water management plan. Existing law requires the water shortage contingency plan to include procedures for an annual water supply and demand assessment, including the data inputs and assessment methodology used to evaluate the urban water suppliers water supply reliability for the current year and one dry year. Existing law requires the key data inputs and assessment methodology to include specified information, including, among other things, a description and quantification of each source of water supply.This bill would require a water shortage contingency plan to include a target water supply storage curve for a reservoir, if that reservoir constitutes at least 50% of the total water supply for the urban water supplier, based on target carryover levels sufficient to satisfy water users, ecological streamflow needs, and water quality needs, as specified. include, if based on a description and quantification of each source of water supply, a single reservoir constitutes at least 50% of the total water supply, an identification of the dam and description of existing reservoir management operations, as specified, and if the reservoir is owned and operated by the supplier, a description of operational practices and approaches, as specified. The bill would require a water shortage contingency plan to include reservoir shortage levels relative to the target water supply storage curve that will trigger specified shortage response actions.(3)(2) Existing law requires an agricultural water supplier to prepare and adopt an agricultural water management plan with specified components and to update those plans on or before April 1 in the years ending in 6 and one. Existing law requires an agricultural water supplier to submit its plan to the Department of Water Resources no later than 30 days after the adoption of the plan and requires the department to review an agricultural water management plan and notify an agricultural water supplier if the department determines that it is noncompliant, as provided. Existing law requires an agricultural water supplier to submit copies of its plan to specified entities no later than 30 days after the departments review of the plan and requires the department to submit its report summarizing the status of the plans to the Legislature on or before April 30 in the years ending in 7 and 2. Existing law requires an agricultural water supplier to include a drought plan as part of its agricultural water management plan. Existing law requires the drought plan to describe the agricultural water suppliers actions relating to drought preparedness and management of water supplies and allocations during drought conditions, as provided. Existing law requires drought response planning to include, among other things, policies and a process for declaring a water shortage and for implementing water shortage allocations and related response actions.This bill would require a drought plan to include a target water supply storage curve for a reservoir, if that reservoir constitutes at least 50% of the total water supply for the agricultural water supplier, based on target carryover levels sufficient to satisfy water users, ecological streamflow needs, and water quality needs, as specified. The bill would require the drought plan to include reservoir shortage levels relative to the target water supply storage curve that will trigger specified shortage response actions. require, if based on specified findings related to water supply, a single reservoir constitutes at least 50% of the total water supply, the policies for declaring a water shortage to consider specified information related to that reservoir.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1.Section 10631 of the Water Code is amended to read:10631.A plan shall be adopted in accordance with this chapter that shall do all of the following:(a)Describe the service area of the supplier, including current and projected population, climate, and other social, economic, and demographic factors affecting the suppliers water management planning. The projected population estimates shall be based upon data from the state, regional, or local service agency population projections within the service area of the urban water supplier and shall be in 5-year increments to 20 years or as far as data is available. The description shall include the current and projected land uses within the existing or anticipated service area affecting the suppliers water management planning. Urban water suppliers shall coordinate with local or regional land use authorities to determine the most appropriate land use information, including, where appropriate, land use information obtained from local or regional land use authorities, as developed pursuant to Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of Title 7 of the Government Code.(b)Identify and quantify, to the extent practicable, the existing and planned sources of water available to the supplier over the same five-year increments described in subdivision (a), providing supporting and related information, including all of the following:(1)A detailed discussion of anticipated supply availability under a normal water year, single dry year, and droughts lasting at least five years, as well as more frequent and severe periods of drought, as described in the drought risk assessment. For each source of water supply, consider any information pertinent to the reliability analysis conducted pursuant to Section 10635, including changes in supply due to climate change.(2)When multiple sources of water supply are identified, a description of the management of each supply in correlation with the other identified supplies.(3)For any planned sources of water supply, a description of the measures that are being undertaken to acquire and develop those water supplies.(4)If groundwater is identified as an existing or planned source of water available to the supplier, all of the following information:(A)The current version of any groundwater sustainability plan or alternative adopted pursuant to Part 2.74 (commencing with Section 10720), any groundwater management plan adopted by the urban water supplier, including plans adopted pursuant to Part 2.75 (commencing with Section 10750), or any other specific authorization for groundwater management for basins underlying the urban water suppliers service area.(B)A description of any groundwater basin or basins from which the urban water supplier pumps groundwater. For basins that a court or the board has adjudicated the rights to pump groundwater, a copy of the order or decree adopted by the court or the board and a description of the amount of groundwater the urban water supplier has the legal right to pump under the order or decree. For a basin that has not been adjudicated, information as to whether the department has identified the basin as a high- or medium-priority basin in the most current official departmental bulletin that characterizes the condition of the groundwater basin, and a detailed description of the efforts being undertaken by the urban water supplier to coordinate with groundwater sustainability agencies or groundwater management agencies listed in subdivision (c) of Section 10723 to maintain or achieve sustainable groundwater conditions in accordance with a groundwater sustainability plan or alternative adopted pursuant to Part 2.74 (commencing with Section 10720).(C)A detailed description and analysis of the location, amount, and sufficiency of groundwater pumped by the urban water supplier for the past five years. The description and analysis shall be based on information that is reasonably available, including, but not limited to, historic use records.(D)A detailed description and analysis of the amount and location of groundwater that is projected to be pumped by the urban water supplier. The description and analysis shall be based on information that is reasonably available, including, but not limited to, historic use records.(c)Describe the opportunities for exchanges or transfers of water on a short-term or long-term basis.(d)(1)For an urban retail water supplier, quantify, to the extent records are available, past and current water use, over the same five-year increments described in subdivision (a), and projected water use, based upon information developed pursuant to subdivision (a), identifying the uses among water use sectors, including, but not necessarily limited to, all of the following:(A)Single-family residential.(B)Multifamily.(C)Commercial.(D)Industrial.(E)Institutional and governmental.(F)Landscape.(G)Sales to other agencies.(H)Saline water intrusion barriers, groundwater recharge, or conjunctive use, or any combination thereof.(I)Agricultural.(J)Distribution system water loss.(2)The water use projections shall be in the same five-year increments described in subdivision (a).(3)(A)The distribution system water loss shall be quantified for each of the five years preceding the plan update, in accordance with rules adopted pursuant to Section 10608.34.(B)The distribution system water loss quantification shall be reported in accordance with a worksheet approved or developed by the department through a public process. The water loss quantification worksheet shall be based on the water system balance methodology developed by the American Water Works Association.(C)In the plan due July 1, 2021, and in each update thereafter, data shall be included to show whether the urban retail water supplier met the distribution loss standards enacted by the board pursuant to Section 10608.34.(4)(A)Water use projections, where available, shall display and account for the water savings estimated to result from adopted codes, standards, ordinances, or transportation and land use plans identified by the urban water supplier, as applicable to the service area.(B)To the extent that an urban water supplier reports the information described in subparagraph (A), an urban water supplier shall do both of the following:(i)Provide citations of the various codes, standards, ordinances, or transportation and land use plans utilized in making the projections.(ii)Indicate the extent that the water use projections consider savings from codes, standards, ordinances, or transportation and land use plans. Water use projections that do not account for these water savings shall be noted of that fact.(e)Provide a description of the suppliers water demand management measures. This description shall include all of the following:(1)(A)For an urban retail water supplier, as defined in Section 10608.12, a narrative description that addresses the nature and extent of each water demand management measure implemented over the past five years. The narrative shall describe the water demand management measures that the supplier plans to implement to achieve its water use targets pursuant to Section 10608.20.(B)The narrative pursuant to this paragraph shall include descriptions of the following water demand management measures:(i)Water waste prevention ordinances.(ii)Metering.(iii)Conservation pricing.(iv)Public education and outreach.(v)Programs to assess and manage distribution system real loss.(vi)Water conservation program coordination and staffing support.(vii)Other demand management measures that have a significant impact on water use as measured in gallons per capita per day, including innovative measures, if implemented.(viii)Other demand management measures that have a significant impact on water used by downstream water rights holders.(2)For an urban wholesale water supplier, as defined in Section 10608.12, a narrative description of the items in clauses (ii), (iv), (vi), (vii), and (viii) of subparagraph (B) of paragraph (1), and a narrative description of its distribution system asset management and wholesale supplier assistance programs.(f)Include a description of all water supply projects and water supply programs that may be undertaken by the urban water supplier to meet the total projected water use, as established pursuant to subdivision (a) of Section 10635. The urban water supplier shall include a detailed description of expected future projects and programs that the urban water supplier may implement to increase the amount of the water supply available to the urban water supplier in normal and single-dry water years and for a period of drought lasting five consecutive water years. The description shall identify specific projects and include a description of the increase in water supply that is expected to be available from each project. The description shall include an estimate with regard to the implementation timeline for each project or program.(g)Describe the opportunities for development of desalinated water, including, but not limited to, ocean water, brackish water, and groundwater, as a long-term supply.(h)An urban water supplier that relies upon a wholesale agency for a source of water shall provide the wholesale agency with water use projections from that agency for that source of water in 5-year increments to 20 years or as far as data is available. The wholesale agency shall provide information to the urban water supplier for inclusion in the urban water suppliers plan that identifies and quantifies, to the extent practicable, the existing and planned sources of water as required by subdivision (b), available from the wholesale agency to the urban water supplier over the same five-year increments, and during various water-year types in accordance with subdivision (f). An urban water supplier may rely upon water supply information provided by the wholesale agency in fulfilling the plan informational requirements of subdivisions (b) and (f).SEC. 2.SECTION 1. Section 10632 of the Water Code is amended to read:10632. (a) Every urban water supplier shall prepare and adopt a water shortage contingency plan as part of its urban water management plan that consists of each of the following elements:(1) The analysis of water supply reliability conducted pursuant to Section 10635.(2) The procedures used in conducting an annual water supply and demand assessment that include, at a minimum, both of the following:(A) The written decisionmaking process that an urban water supplier will use each year to determine its water supply reliability.(B) The key data inputs and assessment methodology used to evaluate the urban water suppliers water supply reliability for the current year and one dry year, including all of the following:(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.(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.(iii) Existing infrastructure capabilities and plausible constraints.(iv) A defined set of locally applicable evaluation criteria that are consistently relied upon for each annual water supply and demand assessment.(v) (I) A description and quantification of each source of water supply.(II)If a single reservoir constitutes at least 50 percent of the total water supply for the urban water supplier, the water shortage contingency plan shall include a target water supply storage curve for that reservoir based on target carryover levels sufficient to satisfy water users and ecological streamflow needs pursuant to any applicable state, federal, or local regulations, and water quality needs pursuant to any state, federal, or local regulations for the current year and one dry year, with reasonably predicted inflow calculations considering local conditions and climate change.(III)Each month, the actual reservoir level shall be plotted against the target water supply storage curve on a calendar to determine whether target storage levels are met.(II) If, based on the description and quantification of each source of water supply pursuant to subclause (I), a single reservoir constitutes at least 50 percent of the total water supply, all the following information:(ia) An identification of the dam and description of existing reservoir management operations, including:(Ia) The name of the reservoir.(Ib) The name of the reservoir owner and operator.(Ic) Total reservoir capacity.(Id) The range of historic annual inflows into the reservoir.(Ie) The range of historic annual outflows from the reservoir.(If) The range of historic annual carryover volumes for the reservoir.(Ig) The purposes for which the reservoir is operated, which may include, but are not limited to, water released for instream uses, water supplied for consumptive use, flood control, hydroelectric generation, and recreation.(Ih) Existing regulatory requirements, including instream flow requirements downstream of the reservoir.(Ii) A target water supply storage curve for that reservoir based on target carryover levels sufficient to satisfy water users and ecological streamflow needs pursuant to any applicable state, federal, or local regulations, and water quality needs pursuant to any state, federal, or local regulations for the current year and one dry year, with reasonably predicted inflow and outflow calculations considering the factors described in sub-sub-subclauses (Ia) though (Ih), inclusive.(Ij) Each month, the actual reservoir level shall be plotted against the target water supply storage curve on a calendar to compare actual reservoir levels with target reservoir levels.(ib) If the reservoir is owned and operated by the supplier, a description of operational practices and approaches, including both of the following:(Ia) Existing annual carryover targets and reservoir operations taken to achieve those targets under the range of historic hydrologic conditions described in this section.(Ib) Potential actions that may be taken under a range of potential future hydrologic conditions considering climate change.(3) (A) (i)Six standard water shortage levels corresponding to progressive ranges of up to 10-, 20-, 30-, 40-, and 50-percent shortages, and greater than 50-percent shortage. Urban water suppliers shall define these shortage levels based on the suppliers water supply conditions, including percentage reductions in water supply, changes in groundwater levels, changes in surface elevation or level of subsidence, or other changes in hydrological or other local conditions indicative of the water supply available for use. Shortage levels shall also apply to catastrophic interruption of water supplies, including, but not limited to, a regional power outage, an earthquake, and other potential emergency events.(ii)(B) An urban water supplier with an existing water shortage contingency plan that uses different water shortage levels may comply with the requirement in clause (i) subparagraph (A) by developing and including a cross-reference relating its existing categories to the six standard water shortage levels.(B)If a target water supply storage curve is developed pursuant to clause (v) of subparagraph (B) of paragraph (2), six standard reservoir shortage levels corresponding to water levels below the target water supply storage curve in progressive ranges of up to 10-, 20-, 30-, 40-, and 50-percent shortages, and greater than 50-percent shortage. Urban water suppliers shall determine these shortage levels pursuant to subclause (III) of clause (v) of subparagraph (B) of paragraph (2). Reservoir shortage levels trigger shortage response actions that align with the defined shortage levels and include, at a minimum, subparagraphs (B), (D), and (E) of paragraph (4).(4) Shortage response actions that align with the defined shortage levels and include, at a minimum, all of the following:(A) Locally appropriate supply augmentation actions.(B) Locally appropriate demand reduction actions to adequately respond to shortages.(C) Locally appropriate operational changes.(D) Additional, mandatory prohibitions against specific water use practices that are in addition to state-mandated prohibitions and appropriate to the local conditions.(E) For each action, an estimate of the extent to which the gap between supplies and demand will be reduced by implementation of the action.(5) Communication protocols and procedures to inform customers, the public, interested parties, and local, regional, and state governments, regarding, at a minimum, all of the following:(A) Any current or predicted shortages as determined by the annual water supply and demand assessment described pursuant to Section 10632.1.(B) Any shortage response actions triggered or anticipated to be triggered by the annual water supply and demand assessment described pursuant to Section 10632.1.(C) Any other relevant communications.(6) For an urban retail water supplier, customer compliance, enforcement, appeal, and exemption procedures for triggered shortage response actions as determined pursuant to Section 10632.2.(7) (A) A description of the legal authorities that empower the urban water supplier to implement and enforce its shortage response actions specified in paragraph (4) that may include, but are not limited to, statutory authorities, ordinances, resolutions, and contract provisions.(B) A statement that an urban water supplier shall declare a water shortage emergency in accordance with Chapter 3 (commencing with Section 350) of Division 1.(C) A statement that an urban water supplier shall coordinate with any city or county within which it provides water supply services for the possible proclamation of a local emergency, as defined in Section 8558 of the Government Code.(8) A description of the financial consequences of, and responses for, drought conditions, including, but not limited to, all of the following:(A) A description of potential revenue reductions and expense increases associated with activated shortage response actions described in paragraph (4).(B) A description of mitigation actions needed to address revenue reductions and expense increases associated with activated shortage response actions described in paragraph (4).(C) A description of the cost of compliance with Chapter 3.3 (commencing with Section 365) of Division 1.(9) For an urban retail water supplier, monitoring and reporting requirements and procedures that ensure appropriate data is collected, tracked, and analyzed for purposes of monitoring customer compliance and to meet state reporting requirements.(10) Reevaluation and improvement procedures for systematically monitoring and evaluating the functionality of the water shortage contingency plan in order to ensure shortage risk tolerance is adequate and appropriate water shortage mitigation strategies are implemented as needed.(b) For purposes of developing the water shortage contingency plan pursuant to subdivision (a), an urban water supplier shall analyze and define water features that are artificially supplied with water, including ponds, lakes, waterfalls, and fountains, separately from swimming pools and spas, as defined in subdivision (a) of Section 115921 of the Health and Safety Code.(c) The urban water supplier shall make available the water shortage contingency plan prepared pursuant to this article to its customers and any city or county within which it provides water supplies no later than 30 days after adoption of the water shortage contingency plan.SEC. 3.SEC. 2. Section 10826.2 of the Water Code is amended to read:10826.2. As part of its agricultural water management plan, each agricultural water supplier shall develop a drought plan for periods of limited water supply describing the actions of the agricultural water supplier for drought preparedness and management of water supplies and allocations during drought conditions. The drought plan shall contain both of the following:(a) Resilience planning, including all of the following:(1) Data, indicators, and information needed to determine the water supply availability and levels of drought severity.(2) Analyses and identification of potential vulnerability to drought.(3) A description of the opportunities and constraints for improving drought resilience planning, including all of the following:(A) The availability of new technology or information.(B) The ability of the agricultural water supplier to obtain or use additional water supplies during drought conditions.(C) A description of other actions planned for implementation to improve drought resilience.(b) Drought response planning, including all of the following:(1) (A)Policies and a process for declaring a water shortage and for implementing water shortage allocations and related response actions.(B)(i)If a single reservoir constitutes at least 50 percent of the total water supply for the agricultural water supplier, the drought plan shall include a target water supply storage curve for that reservoir based on target carryover levels sufficient to satisfy water users and ecological streamflow needs pursuant to any applicable state, federal, or local regulations, and water quality needs pursuant to any state, federal, or local regulations for the current year and one dry year, with reasonably predicted inflow calculations considering local conditions and climate change.(ii)Each month, the actual reservoir level shall be plotted against the target water supply storage curve on a calendar to determine whether target storage levels are met.(iii)The drought plan shall include six standard reservoir shortage levels corresponding to water levels below the target water supply storage curve in progressive ranges of up to 10-, 20-, 30-, 40-, and 50-percent shortages, and greater than 50-percent shortage.(iv)At each reservoir shortage level, an agricultural water supplier shall initiate response actions that align with the shortage level, including, at a minimum, both of the following:(I)Locally appropriate demand reduction actions to adequately respond to shortages.(II)Additional mandatory prohibitions against specific water use practices that are in addition to state-mandated prohibitions and appropriate to the local conditions.(v)For each response action, the agricultural water supplier shall prepare an estimate of the extent to which the gap between the target reservoir storage level and the actual reservoir storage level will be reduced by implementation of the action.(vi)For each response action, the agricultural water supplier shall prepare an estimate of impacts on other water resources, including any increase in groundwater extraction.(2) Methods and procedures for the enforcement or appeal of, or exemption from, triggered shortage response actions.(3) Methods and procedures for monitoring and evaluation of the effectiveness of the drought plan.(4) Communication protocols and procedures to inform and coordinate customers, the public, interested parties, and local, regional, and state government.(5) A description of the potential impacts on the revenues, financial condition, and planned expenditures of the agricultural water supplier during drought conditions that reduce water allocations, and proposed measures to overcome those impacts, including reserve-level policies.(c) If, based on the findings in subparagraphs (1) through (3), inclusive, of subdivision (b) of Section 10826 a single reservoir constitutes at least 50 percent of the total water supply, the policies for declaring a water shortage pursuant to paragraph (1) of subdivision (b) shall include consideration of all the following information:(1) An identification of the dam and description of existing reservoir management operations, including all of the following:(A) The name of the reservoir.(B) The name of the reservoir owner and operator.(C) Total reservoir capacity.(D) The range of historic annual inflows into the reservoir.(E) The range of historic annual outflows from the reservoir.(F) The range of historic annual carryover volumes for the reservoir.(G) The purposes for which the reservoir is operated, which may include, but are not limited to, water released for instream uses, water supplied for consumptive use, flood control, hydroelectric generation, and recreation.(H) Existing regulatory requirements, including instream flow requirements downstream of the reservoir.(I) A target water supply storage curve for that reservoir based on target carryover levels sufficient to satisfy water users and ecological streamflow needs pursuant to any applicable state, federal, or local regulations, and water quality needs pursuant to any state, federal, or local regulations for the current year and one dry year, with reasonably predicted inflow and outflow calculations considering factors described in subparagraphs (A) through (H), inclusive.(J) Each month, the actual reservoir level shall be plotted against the target water supply storage curve on a calendar.(2) If the reservoir is owned and operated by the supplier, a description of operational practices and approaches, including both of the following:(A) Existing annual carryover targets and reservoir operations taken to achieve those targets under the range of historic hydrologic conditions described in this section.(B) Potential actions that may be taken under a range of potential future hydrologic conditions considering climate change. |
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| 46 | | - | The people of the State of California do enact as follows:SECTION 1. Section 10632 of the Water Code is amended to read:10632. (a) Every urban water supplier shall prepare and adopt a water shortage contingency plan as part of its urban water management plan that consists of each of the following elements:(1) The analysis of water supply reliability conducted pursuant to Section 10635.(2) The procedures used in conducting an annual water supply and demand assessment that include, at a minimum, both of the following:(A) The written decisionmaking process that an urban water supplier will use each year to determine its water supply reliability.(B) The key data inputs and assessment methodology used to evaluate the urban water suppliers water supply reliability for the current year and one dry year, including all of the following:(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.(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.(iii) Existing infrastructure capabilities and plausible constraints.(iv) A defined set of locally applicable evaluation criteria that are consistently relied upon for each annual water supply and demand assessment.(v) (I) A description and quantification of each source of water supply.(II) If, based on the description and quantification of each source of water supply pursuant to subclause (I), a single reservoir constitutes at least 50 percent of the total water supply, all of the following information:(ia) An identification of the dam and description of existing reservoir management operations, including:(Ia) The name of the reservoir.(Ib) The name of the reservoir owner and operator.(Ic) Total reservoir capacity.(Id) The range of historic annual inflows into the reservoir.(Ie) The range of historic annual outflows from the reservoir.(If) The range of historic annual carryover volumes for the reservoir.(Ig) The purposes for which the reservoir is operated, which may include, but are not limited to, water released for instream uses, water supplied for consumptive use, flood control, hydroelectric generation, and recreation.(Ih) Existing regulatory requirements, including instream flow requirements downstream of the reservoir.(Ii) A target water supply storage curve for that reservoir based on target carryover levels sufficient to satisfy water users and ecological streamflow needs pursuant to any applicable state, federal, or local regulations, and water quality needs pursuant to any state, federal, or local regulations for the current year and one dry year, with reasonably predicted inflow and outflow calculations considering the factors described in sub-sub-subclauses (Ia) though to (Ih), inclusive.(Ij) Each month, the actual reservoir level shall be plotted against the target water supply storage curve on a calendar to compare actual reservoir levels with target reservoir levels. This analysis shall be included in the annual water supply and demand assessment as required by Section 10632.1.(ib) If the reservoir is owned and operated by the supplier, a description of operational practices and approaches, including both of the following:(Ia) Existing annual carryover targets and reservoir operations taken to achieve those targets under the range of historic hydrologic conditions described in this section.(Ib) Potential actions that may be taken under a range of potential future hydrologic conditions considering climate change.(3) (A) Six standard water shortage levels corresponding to progressive ranges of up to 10-, 20-, 30-, 40-, and 50-percent shortages, and greater than 50-percent shortage. Urban water suppliers shall define these shortage levels based on the suppliers water supply conditions, including percentage reductions in water supply, changes in groundwater levels, changes in surface elevation or level of subsidence, or other changes in hydrological or other local conditions indicative of the water supply available for use. Shortage levels shall also apply to catastrophic interruption of water supplies, including, but not limited to, a regional power outage, an earthquake, and other potential emergency events.(B) An urban water supplier with an existing water shortage contingency plan that uses different water shortage levels may comply with the requirement in subparagraph (A) by developing and including a cross-reference relating its existing categories to the six standard water shortage levels.(4) Shortage response actions that align with the defined shortage levels and include, at a minimum, all of the following:(A) Locally appropriate supply augmentation actions.(B) Locally appropriate demand reduction actions to adequately respond to shortages.(C) Locally appropriate operational changes.(D) Additional, mandatory prohibitions against specific water use practices that are in addition to state-mandated prohibitions and appropriate to the local conditions.(E) For each action, an estimate of the extent to which the gap between supplies and demand will be reduced by implementation of the action.(5) Communication protocols and procedures to inform customers, the public, interested parties, and local, regional, and state governments, regarding, at a minimum, all of the following:(A) Any current or predicted shortages as determined by the annual water supply and demand assessment described pursuant to Section 10632.1.(B) Any shortage response actions triggered or anticipated to be triggered by the annual water supply and demand assessment described pursuant to Section 10632.1.(C) Any other relevant communications.(6) For an urban retail water supplier, customer compliance, enforcement, appeal, and exemption procedures for triggered shortage response actions as determined pursuant to Section 10632.2.(7) (A) A description of the legal authorities that empower the urban water supplier to implement and enforce its shortage response actions specified in paragraph (4) that may include, but are not limited to, statutory authorities, ordinances, resolutions, and contract provisions.(B) A statement that an urban water supplier shall declare a water shortage emergency in accordance with Chapter 3 (commencing with Section 350) of Division 1.(C) A statement that an urban water supplier shall coordinate with any city or county within which it provides water supply services for the possible proclamation of a local emergency, as defined in Section 8558 of the Government Code.(8) A description of the financial consequences of, and responses for, drought conditions, including, but not limited to, all of the following:(A) A description of potential revenue reductions and expense increases associated with activated shortage response actions described in paragraph (4).(B) A description of mitigation actions needed to address revenue reductions and expense increases associated with activated shortage response actions described in paragraph (4).(C) A description of the cost of compliance with Chapter 3.3 (commencing with Section 365) of Division 1.(9) For an urban retail water supplier, monitoring and reporting requirements and procedures that ensure appropriate data is collected, tracked, and analyzed for purposes of monitoring customer compliance and to meet state reporting requirements.(10) Reevaluation and improvement procedures for systematically monitoring and evaluating the functionality of the water shortage contingency plan in order to ensure shortage risk tolerance is adequate and appropriate water shortage mitigation strategies are implemented as needed.(b) For purposes of developing the water shortage contingency plan pursuant to subdivision (a), an urban water supplier shall analyze and define water features that are artificially supplied with water, including ponds, lakes, waterfalls, and fountains, separately from swimming pools and spas, as defined in subdivision (a) of Section 115921 of the Health and Safety Code.(c) The urban water supplier shall make available the water shortage contingency plan prepared pursuant to this article to its customers and any city or county within which it provides water supplies no later than 30 days after adoption of the water shortage contingency plan.SEC. 2. Section 10826.2 of the Water Code is amended to read:10826.2. As part of its agricultural water management plan, each agricultural water supplier shall develop a drought plan for periods of limited water supply describing the actions of the agricultural water supplier for drought preparedness and management of water supplies and allocations during drought conditions. The drought plan shall contain both of the following:(a) Resilience planning, including all of the following:(1) Data, indicators, and information needed to determine the water supply availability and levels of drought severity.(2) Analyses and identification of potential vulnerability to drought.(3) A description of the opportunities and constraints for improving drought resilience planning, including all of the following:(A) The availability of new technology or information.(B) The ability of the agricultural water supplier to obtain or use additional water supplies during drought conditions.(C) A description of other actions planned for implementation to improve drought resilience.(b) Drought response planning, including all of the following:(1) Policies and a process for declaring a water shortage and for implementing water shortage allocations and related response actions.(2) Methods and procedures for the enforcement or appeal of, or exemption from, triggered shortage response actions.(3) Methods and procedures for monitoring and evaluation of the effectiveness of the drought plan.(4) Communication protocols and procedures to inform and coordinate customers, the public, interested parties, and local, regional, and state government.(5) A description of the potential impacts on the revenues, financial condition, and planned expenditures of the agricultural water supplier during drought conditions that reduce water allocations, and proposed measures to overcome those impacts, including reserve-level policies.(c) If, based on the findings in subparagraphs paragraphs (1) through to (3), inclusive, of subdivision (b) of Section 10826 10826, a single reservoir constitutes at least 50 percent of the total water supply, the policies for declaring a water shortage pursuant to paragraph (1) of subdivision (b) shall include consideration of all of the following information:(1) An identification of the dam and description of existing reservoir management operations, including all of the following:(A) The name of the reservoir.(B) The name of the reservoir owner and operator.(C) Total reservoir capacity.(D) The range of historic annual inflows into the reservoir.(E) The range of historic annual outflows from the reservoir.(F) The range of historic annual carryover volumes for the reservoir.(G) The purposes for which the reservoir is operated, which may include, but are not limited to, water released for instream uses, water supplied for consumptive use, flood control, hydroelectric generation, and recreation.(H) Existing regulatory requirements, including instream flow requirements downstream of the reservoir.(I) A target water supply storage curve for that reservoir based on target carryover levels sufficient to satisfy water users and ecological streamflow needs pursuant to any applicable state, federal, or local regulations, and water quality needs pursuant to any state, federal, or local regulations for the current year and one dry year, with reasonably predicted inflow and outflow calculations considering factors described in subparagraphs (A) through to (H), inclusive.(J) Each month, the actual reservoir level shall be plotted against the target water supply storage curve on a calendar. This analysis shall be submitted every five years to the department in addition to the agricultural water management plan.(2) If the reservoir is owned and operated by the supplier, a description of operational practices and approaches, including both of the following:(A) Existing annual carryover targets and reservoir operations taken to achieve those targets under the range of historic hydrologic conditions described in this section.(B) Potential actions that may be taken under a range of potential future hydrologic conditions considering climate change. |
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| 61 | + | The people of the State of California do enact as follows:SECTION 1.Section 10631 of the Water Code is amended to read:10631.A plan shall be adopted in accordance with this chapter that shall do all of the following:(a)Describe the service area of the supplier, including current and projected population, climate, and other social, economic, and demographic factors affecting the suppliers water management planning. The projected population estimates shall be based upon data from the state, regional, or local service agency population projections within the service area of the urban water supplier and shall be in 5-year increments to 20 years or as far as data is available. The description shall include the current and projected land uses within the existing or anticipated service area affecting the suppliers water management planning. Urban water suppliers shall coordinate with local or regional land use authorities to determine the most appropriate land use information, including, where appropriate, land use information obtained from local or regional land use authorities, as developed pursuant to Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of Title 7 of the Government Code.(b)Identify and quantify, to the extent practicable, the existing and planned sources of water available to the supplier over the same five-year increments described in subdivision (a), providing supporting and related information, including all of the following:(1)A detailed discussion of anticipated supply availability under a normal water year, single dry year, and droughts lasting at least five years, as well as more frequent and severe periods of drought, as described in the drought risk assessment. For each source of water supply, consider any information pertinent to the reliability analysis conducted pursuant to Section 10635, including changes in supply due to climate change.(2)When multiple sources of water supply are identified, a description of the management of each supply in correlation with the other identified supplies.(3)For any planned sources of water supply, a description of the measures that are being undertaken to acquire and develop those water supplies.(4)If groundwater is identified as an existing or planned source of water available to the supplier, all of the following information:(A)The current version of any groundwater sustainability plan or alternative adopted pursuant to Part 2.74 (commencing with Section 10720), any groundwater management plan adopted by the urban water supplier, including plans adopted pursuant to Part 2.75 (commencing with Section 10750), or any other specific authorization for groundwater management for basins underlying the urban water suppliers service area.(B)A description of any groundwater basin or basins from which the urban water supplier pumps groundwater. For basins that a court or the board has adjudicated the rights to pump groundwater, a copy of the order or decree adopted by the court or the board and a description of the amount of groundwater the urban water supplier has the legal right to pump under the order or decree. For a basin that has not been adjudicated, information as to whether the department has identified the basin as a high- or medium-priority basin in the most current official departmental bulletin that characterizes the condition of the groundwater basin, and a detailed description of the efforts being undertaken by the urban water supplier to coordinate with groundwater sustainability agencies or groundwater management agencies listed in subdivision (c) of Section 10723 to maintain or achieve sustainable groundwater conditions in accordance with a groundwater sustainability plan or alternative adopted pursuant to Part 2.74 (commencing with Section 10720).(C)A detailed description and analysis of the location, amount, and sufficiency of groundwater pumped by the urban water supplier for the past five years. The description and analysis shall be based on information that is reasonably available, including, but not limited to, historic use records.(D)A detailed description and analysis of the amount and location of groundwater that is projected to be pumped by the urban water supplier. The description and analysis shall be based on information that is reasonably available, including, but not limited to, historic use records.(c)Describe the opportunities for exchanges or transfers of water on a short-term or long-term basis.(d)(1)For an urban retail water supplier, quantify, to the extent records are available, past and current water use, over the same five-year increments described in subdivision (a), and projected water use, based upon information developed pursuant to subdivision (a), identifying the uses among water use sectors, including, but not necessarily limited to, all of the following:(A)Single-family residential.(B)Multifamily.(C)Commercial.(D)Industrial.(E)Institutional and governmental.(F)Landscape.(G)Sales to other agencies.(H)Saline water intrusion barriers, groundwater recharge, or conjunctive use, or any combination thereof.(I)Agricultural.(J)Distribution system water loss.(2)The water use projections shall be in the same five-year increments described in subdivision (a).(3)(A)The distribution system water loss shall be quantified for each of the five years preceding the plan update, in accordance with rules adopted pursuant to Section 10608.34.(B)The distribution system water loss quantification shall be reported in accordance with a worksheet approved or developed by the department through a public process. The water loss quantification worksheet shall be based on the water system balance methodology developed by the American Water Works Association.(C)In the plan due July 1, 2021, and in each update thereafter, data shall be included to show whether the urban retail water supplier met the distribution loss standards enacted by the board pursuant to Section 10608.34.(4)(A)Water use projections, where available, shall display and account for the water savings estimated to result from adopted codes, standards, ordinances, or transportation and land use plans identified by the urban water supplier, as applicable to the service area.(B)To the extent that an urban water supplier reports the information described in subparagraph (A), an urban water supplier shall do both of the following:(i)Provide citations of the various codes, standards, ordinances, or transportation and land use plans utilized in making the projections.(ii)Indicate the extent that the water use projections consider savings from codes, standards, ordinances, or transportation and land use plans. Water use projections that do not account for these water savings shall be noted of that fact.(e)Provide a description of the suppliers water demand management measures. This description shall include all of the following:(1)(A)For an urban retail water supplier, as defined in Section 10608.12, a narrative description that addresses the nature and extent of each water demand management measure implemented over the past five years. The narrative shall describe the water demand management measures that the supplier plans to implement to achieve its water use targets pursuant to Section 10608.20.(B)The narrative pursuant to this paragraph shall include descriptions of the following water demand management measures:(i)Water waste prevention ordinances.(ii)Metering.(iii)Conservation pricing.(iv)Public education and outreach.(v)Programs to assess and manage distribution system real loss.(vi)Water conservation program coordination and staffing support.(vii)Other demand management measures that have a significant impact on water use as measured in gallons per capita per day, including innovative measures, if implemented.(viii)Other demand management measures that have a significant impact on water used by downstream water rights holders.(2)For an urban wholesale water supplier, as defined in Section 10608.12, a narrative description of the items in clauses (ii), (iv), (vi), (vii), and (viii) of subparagraph (B) of paragraph (1), and a narrative description of its distribution system asset management and wholesale supplier assistance programs.(f)Include a description of all water supply projects and water supply programs that may be undertaken by the urban water supplier to meet the total projected water use, as established pursuant to subdivision (a) of Section 10635. The urban water supplier shall include a detailed description of expected future projects and programs that the urban water supplier may implement to increase the amount of the water supply available to the urban water supplier in normal and single-dry water years and for a period of drought lasting five consecutive water years. The description shall identify specific projects and include a description of the increase in water supply that is expected to be available from each project. The description shall include an estimate with regard to the implementation timeline for each project or program.(g)Describe the opportunities for development of desalinated water, including, but not limited to, ocean water, brackish water, and groundwater, as a long-term supply.(h)An urban water supplier that relies upon a wholesale agency for a source of water shall provide the wholesale agency with water use projections from that agency for that source of water in 5-year increments to 20 years or as far as data is available. The wholesale agency shall provide information to the urban water supplier for inclusion in the urban water suppliers plan that identifies and quantifies, to the extent practicable, the existing and planned sources of water as required by subdivision (b), available from the wholesale agency to the urban water supplier over the same five-year increments, and during various water-year types in accordance with subdivision (f). An urban water supplier may rely upon water supply information provided by the wholesale agency in fulfilling the plan informational requirements of subdivisions (b) and (f).SEC. 2.SECTION 1. Section 10632 of the Water Code is amended to read:10632. (a) Every urban water supplier shall prepare and adopt a water shortage contingency plan as part of its urban water management plan that consists of each of the following elements:(1) The analysis of water supply reliability conducted pursuant to Section 10635.(2) The procedures used in conducting an annual water supply and demand assessment that include, at a minimum, both of the following:(A) The written decisionmaking process that an urban water supplier will use each year to determine its water supply reliability.(B) The key data inputs and assessment methodology used to evaluate the urban water suppliers water supply reliability for the current year and one dry year, including all of the following:(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.(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.(iii) Existing infrastructure capabilities and plausible constraints.(iv) A defined set of locally applicable evaluation criteria that are consistently relied upon for each annual water supply and demand assessment.(v) (I) A description and quantification of each source of water supply.(II)If a single reservoir constitutes at least 50 percent of the total water supply for the urban water supplier, the water shortage contingency plan shall include a target water supply storage curve for that reservoir based on target carryover levels sufficient to satisfy water users and ecological streamflow needs pursuant to any applicable state, federal, or local regulations, and water quality needs pursuant to any state, federal, or local regulations for the current year and one dry year, with reasonably predicted inflow calculations considering local conditions and climate change.(III)Each month, the actual reservoir level shall be plotted against the target water supply storage curve on a calendar to determine whether target storage levels are met.(II) If, based on the description and quantification of each source of water supply pursuant to subclause (I), a single reservoir constitutes at least 50 percent of the total water supply, all the following information:(ia) An identification of the dam and description of existing reservoir management operations, including:(Ia) The name of the reservoir.(Ib) The name of the reservoir owner and operator.(Ic) Total reservoir capacity.(Id) The range of historic annual inflows into the reservoir.(Ie) The range of historic annual outflows from the reservoir.(If) The range of historic annual carryover volumes for the reservoir.(Ig) The purposes for which the reservoir is operated, which may include, but are not limited to, water released for instream uses, water supplied for consumptive use, flood control, hydroelectric generation, and recreation.(Ih) Existing regulatory requirements, including instream flow requirements downstream of the reservoir.(Ii) A target water supply storage curve for that reservoir based on target carryover levels sufficient to satisfy water users and ecological streamflow needs pursuant to any applicable state, federal, or local regulations, and water quality needs pursuant to any state, federal, or local regulations for the current year and one dry year, with reasonably predicted inflow and outflow calculations considering the factors described in sub-sub-subclauses (Ia) though (Ih), inclusive.(Ij) Each month, the actual reservoir level shall be plotted against the target water supply storage curve on a calendar to compare actual reservoir levels with target reservoir levels.(ib) If the reservoir is owned and operated by the supplier, a description of operational practices and approaches, including both of the following:(Ia) Existing annual carryover targets and reservoir operations taken to achieve those targets under the range of historic hydrologic conditions described in this section.(Ib) Potential actions that may be taken under a range of potential future hydrologic conditions considering climate change.(3) (A) (i)Six standard water shortage levels corresponding to progressive ranges of up to 10-, 20-, 30-, 40-, and 50-percent shortages, and greater than 50-percent shortage. Urban water suppliers shall define these shortage levels based on the suppliers water supply conditions, including percentage reductions in water supply, changes in groundwater levels, changes in surface elevation or level of subsidence, or other changes in hydrological or other local conditions indicative of the water supply available for use. Shortage levels shall also apply to catastrophic interruption of water supplies, including, but not limited to, a regional power outage, an earthquake, and other potential emergency events.(ii)(B) An urban water supplier with an existing water shortage contingency plan that uses different water shortage levels may comply with the requirement in clause (i) subparagraph (A) by developing and including a cross-reference relating its existing categories to the six standard water shortage levels.(B)If a target water supply storage curve is developed pursuant to clause (v) of subparagraph (B) of paragraph (2), six standard reservoir shortage levels corresponding to water levels below the target water supply storage curve in progressive ranges of up to 10-, 20-, 30-, 40-, and 50-percent shortages, and greater than 50-percent shortage. Urban water suppliers shall determine these shortage levels pursuant to subclause (III) of clause (v) of subparagraph (B) of paragraph (2). Reservoir shortage levels trigger shortage response actions that align with the defined shortage levels and include, at a minimum, subparagraphs (B), (D), and (E) of paragraph (4).(4) Shortage response actions that align with the defined shortage levels and include, at a minimum, all of the following:(A) Locally appropriate supply augmentation actions.(B) Locally appropriate demand reduction actions to adequately respond to shortages.(C) Locally appropriate operational changes.(D) Additional, mandatory prohibitions against specific water use practices that are in addition to state-mandated prohibitions and appropriate to the local conditions.(E) For each action, an estimate of the extent to which the gap between supplies and demand will be reduced by implementation of the action.(5) Communication protocols and procedures to inform customers, the public, interested parties, and local, regional, and state governments, regarding, at a minimum, all of the following:(A) Any current or predicted shortages as determined by the annual water supply and demand assessment described pursuant to Section 10632.1.(B) Any shortage response actions triggered or anticipated to be triggered by the annual water supply and demand assessment described pursuant to Section 10632.1.(C) Any other relevant communications.(6) For an urban retail water supplier, customer compliance, enforcement, appeal, and exemption procedures for triggered shortage response actions as determined pursuant to Section 10632.2.(7) (A) A description of the legal authorities that empower the urban water supplier to implement and enforce its shortage response actions specified in paragraph (4) that may include, but are not limited to, statutory authorities, ordinances, resolutions, and contract provisions.(B) A statement that an urban water supplier shall declare a water shortage emergency in accordance with Chapter 3 (commencing with Section 350) of Division 1.(C) A statement that an urban water supplier shall coordinate with any city or county within which it provides water supply services for the possible proclamation of a local emergency, as defined in Section 8558 of the Government Code.(8) A description of the financial consequences of, and responses for, drought conditions, including, but not limited to, all of the following:(A) A description of potential revenue reductions and expense increases associated with activated shortage response actions described in paragraph (4).(B) A description of mitigation actions needed to address revenue reductions and expense increases associated with activated shortage response actions described in paragraph (4).(C) A description of the cost of compliance with Chapter 3.3 (commencing with Section 365) of Division 1.(9) For an urban retail water supplier, monitoring and reporting requirements and procedures that ensure appropriate data is collected, tracked, and analyzed for purposes of monitoring customer compliance and to meet state reporting requirements.(10) Reevaluation and improvement procedures for systematically monitoring and evaluating the functionality of the water shortage contingency plan in order to ensure shortage risk tolerance is adequate and appropriate water shortage mitigation strategies are implemented as needed.(b) For purposes of developing the water shortage contingency plan pursuant to subdivision (a), an urban water supplier shall analyze and define water features that are artificially supplied with water, including ponds, lakes, waterfalls, and fountains, separately from swimming pools and spas, as defined in subdivision (a) of Section 115921 of the Health and Safety Code.(c) The urban water supplier shall make available the water shortage contingency plan prepared pursuant to this article to its customers and any city or county within which it provides water supplies no later than 30 days after adoption of the water shortage contingency plan.SEC. 3.SEC. 2. Section 10826.2 of the Water Code is amended to read:10826.2. As part of its agricultural water management plan, each agricultural water supplier shall develop a drought plan for periods of limited water supply describing the actions of the agricultural water supplier for drought preparedness and management of water supplies and allocations during drought conditions. The drought plan shall contain both of the following:(a) Resilience planning, including all of the following:(1) Data, indicators, and information needed to determine the water supply availability and levels of drought severity.(2) Analyses and identification of potential vulnerability to drought.(3) A description of the opportunities and constraints for improving drought resilience planning, including all of the following:(A) The availability of new technology or information.(B) The ability of the agricultural water supplier to obtain or use additional water supplies during drought conditions.(C) A description of other actions planned for implementation to improve drought resilience.(b) Drought response planning, including all of the following:(1) (A)Policies and a process for declaring a water shortage and for implementing water shortage allocations and related response actions.(B)(i)If a single reservoir constitutes at least 50 percent of the total water supply for the agricultural water supplier, the drought plan shall include a target water supply storage curve for that reservoir based on target carryover levels sufficient to satisfy water users and ecological streamflow needs pursuant to any applicable state, federal, or local regulations, and water quality needs pursuant to any state, federal, or local regulations for the current year and one dry year, with reasonably predicted inflow calculations considering local conditions and climate change.(ii)Each month, the actual reservoir level shall be plotted against the target water supply storage curve on a calendar to determine whether target storage levels are met.(iii)The drought plan shall include six standard reservoir shortage levels corresponding to water levels below the target water supply storage curve in progressive ranges of up to 10-, 20-, 30-, 40-, and 50-percent shortages, and greater than 50-percent shortage.(iv)At each reservoir shortage level, an agricultural water supplier shall initiate response actions that align with the shortage level, including, at a minimum, both of the following:(I)Locally appropriate demand reduction actions to adequately respond to shortages.(II)Additional mandatory prohibitions against specific water use practices that are in addition to state-mandated prohibitions and appropriate to the local conditions.(v)For each response action, the agricultural water supplier shall prepare an estimate of the extent to which the gap between the target reservoir storage level and the actual reservoir storage level will be reduced by implementation of the action.(vi)For each response action, the agricultural water supplier shall prepare an estimate of impacts on other water resources, including any increase in groundwater extraction.(2) Methods and procedures for the enforcement or appeal of, or exemption from, triggered shortage response actions.(3) Methods and procedures for monitoring and evaluation of the effectiveness of the drought plan.(4) Communication protocols and procedures to inform and coordinate customers, the public, interested parties, and local, regional, and state government.(5) A description of the potential impacts on the revenues, financial condition, and planned expenditures of the agricultural water supplier during drought conditions that reduce water allocations, and proposed measures to overcome those impacts, including reserve-level policies.(c) If, based on the findings in subparagraphs (1) through (3), inclusive, of subdivision (b) of Section 10826 a single reservoir constitutes at least 50 percent of the total water supply, the policies for declaring a water shortage pursuant to paragraph (1) of subdivision (b) shall include consideration of all the following information:(1) An identification of the dam and description of existing reservoir management operations, including all of the following:(A) The name of the reservoir.(B) The name of the reservoir owner and operator.(C) Total reservoir capacity.(D) The range of historic annual inflows into the reservoir.(E) The range of historic annual outflows from the reservoir.(F) The range of historic annual carryover volumes for the reservoir.(G) The purposes for which the reservoir is operated, which may include, but are not limited to, water released for instream uses, water supplied for consumptive use, flood control, hydroelectric generation, and recreation.(H) Existing regulatory requirements, including instream flow requirements downstream of the reservoir.(I) A target water supply storage curve for that reservoir based on target carryover levels sufficient to satisfy water users and ecological streamflow needs pursuant to any applicable state, federal, or local regulations, and water quality needs pursuant to any state, federal, or local regulations for the current year and one dry year, with reasonably predicted inflow and outflow calculations considering factors described in subparagraphs (A) through (H), inclusive.(J) Each month, the actual reservoir level shall be plotted against the target water supply storage curve on a calendar.(2) If the reservoir is owned and operated by the supplier, a description of operational practices and approaches, including both of the following:(A) Existing annual carryover targets and reservoir operations taken to achieve those targets under the range of historic hydrologic conditions described in this section.(B) Potential actions that may be taken under a range of potential future hydrologic conditions considering climate change. |
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| 62 | | - | 10632. (a) Every urban water supplier shall prepare and adopt a water shortage contingency plan as part of its urban water management plan that consists of each of the following elements:(1) The analysis of water supply reliability conducted pursuant to Section 10635.(2) The procedures used in conducting an annual water supply and demand assessment that include, at a minimum, both of the following:(A) The written decisionmaking process that an urban water supplier will use each year to determine its water supply reliability.(B) The key data inputs and assessment methodology used to evaluate the urban water suppliers water supply reliability for the current year and one dry year, including all of the following:(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.(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.(iii) Existing infrastructure capabilities and plausible constraints.(iv) A defined set of locally applicable evaluation criteria that are consistently relied upon for each annual water supply and demand assessment.(v) (I) A description and quantification of each source of water supply.(II) If, based on the description and quantification of each source of water supply pursuant to subclause (I), a single reservoir constitutes at least 50 percent of the total water supply, all of the following information:(ia) An identification of the dam and description of existing reservoir management operations, including:(Ia) The name of the reservoir.(Ib) The name of the reservoir owner and operator.(Ic) Total reservoir capacity.(Id) The range of historic annual inflows into the reservoir.(Ie) The range of historic annual outflows from the reservoir.(If) The range of historic annual carryover volumes for the reservoir.(Ig) The purposes for which the reservoir is operated, which may include, but are not limited to, water released for instream uses, water supplied for consumptive use, flood control, hydroelectric generation, and recreation.(Ih) Existing regulatory requirements, including instream flow requirements downstream of the reservoir.(Ii) A target water supply storage curve for that reservoir based on target carryover levels sufficient to satisfy water users and ecological streamflow needs pursuant to any applicable state, federal, or local regulations, and water quality needs pursuant to any state, federal, or local regulations for the current year and one dry year, with reasonably predicted inflow and outflow calculations considering the factors described in sub-sub-subclauses (Ia) though to (Ih), inclusive.(Ij) Each month, the actual reservoir level shall be plotted against the target water supply storage curve on a calendar to compare actual reservoir levels with target reservoir levels. This analysis shall be included in the annual water supply and demand assessment as required by Section 10632.1.(ib) If the reservoir is owned and operated by the supplier, a description of operational practices and approaches, including both of the following:(Ia) Existing annual carryover targets and reservoir operations taken to achieve those targets under the range of historic hydrologic conditions described in this section.(Ib) Potential actions that may be taken under a range of potential future hydrologic conditions considering climate change.(3) (A) Six standard water shortage levels corresponding to progressive ranges of up to 10-, 20-, 30-, 40-, and 50-percent shortages, and greater than 50-percent shortage. Urban water suppliers shall define these shortage levels based on the suppliers water supply conditions, including percentage reductions in water supply, changes in groundwater levels, changes in surface elevation or level of subsidence, or other changes in hydrological or other local conditions indicative of the water supply available for use. Shortage levels shall also apply to catastrophic interruption of water supplies, including, but not limited to, a regional power outage, an earthquake, and other potential emergency events.(B) An urban water supplier with an existing water shortage contingency plan that uses different water shortage levels may comply with the requirement in subparagraph (A) by developing and including a cross-reference relating its existing categories to the six standard water shortage levels.(4) Shortage response actions that align with the defined shortage levels and include, at a minimum, all of the following:(A) Locally appropriate supply augmentation actions.(B) Locally appropriate demand reduction actions to adequately respond to shortages.(C) Locally appropriate operational changes.(D) Additional, mandatory prohibitions against specific water use practices that are in addition to state-mandated prohibitions and appropriate to the local conditions.(E) For each action, an estimate of the extent to which the gap between supplies and demand will be reduced by implementation of the action.(5) Communication protocols and procedures to inform customers, the public, interested parties, and local, regional, and state governments, regarding, at a minimum, all of the following:(A) Any current or predicted shortages as determined by the annual water supply and demand assessment described pursuant to Section 10632.1.(B) Any shortage response actions triggered or anticipated to be triggered by the annual water supply and demand assessment described pursuant to Section 10632.1.(C) Any other relevant communications.(6) For an urban retail water supplier, customer compliance, enforcement, appeal, and exemption procedures for triggered shortage response actions as determined pursuant to Section 10632.2.(7) (A) A description of the legal authorities that empower the urban water supplier to implement and enforce its shortage response actions specified in paragraph (4) that may include, but are not limited to, statutory authorities, ordinances, resolutions, and contract provisions.(B) A statement that an urban water supplier shall declare a water shortage emergency in accordance with Chapter 3 (commencing with Section 350) of Division 1.(C) A statement that an urban water supplier shall coordinate with any city or county within which it provides water supply services for the possible proclamation of a local emergency, as defined in Section 8558 of the Government Code.(8) A description of the financial consequences of, and responses for, drought conditions, including, but not limited to, all of the following:(A) A description of potential revenue reductions and expense increases associated with activated shortage response actions described in paragraph (4).(B) A description of mitigation actions needed to address revenue reductions and expense increases associated with activated shortage response actions described in paragraph (4).(C) A description of the cost of compliance with Chapter 3.3 (commencing with Section 365) of Division 1.(9) For an urban retail water supplier, monitoring and reporting requirements and procedures that ensure appropriate data is collected, tracked, and analyzed for purposes of monitoring customer compliance and to meet state reporting requirements.(10) Reevaluation and improvement procedures for systematically monitoring and evaluating the functionality of the water shortage contingency plan in order to ensure shortage risk tolerance is adequate and appropriate water shortage mitigation strategies are implemented as needed.(b) For purposes of developing the water shortage contingency plan pursuant to subdivision (a), an urban water supplier shall analyze and define water features that are artificially supplied with water, including ponds, lakes, waterfalls, and fountains, separately from swimming pools and spas, as defined in subdivision (a) of Section 115921 of the Health and Safety Code.(c) The urban water supplier shall make available the water shortage contingency plan prepared pursuant to this article to its customers and any city or county within which it provides water supplies no later than 30 days after adoption of the water shortage contingency plan. |
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| 73 | + | |
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| 74 | + | |
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| 75 | + | (a)Describe the service area of the supplier, including current and projected population, climate, and other social, economic, and demographic factors affecting the suppliers water management planning. The projected population estimates shall be based upon data from the state, regional, or local service agency population projections within the service area of the urban water supplier and shall be in 5-year increments to 20 years or as far as data is available. The description shall include the current and projected land uses within the existing or anticipated service area affecting the suppliers water management planning. Urban water suppliers shall coordinate with local or regional land use authorities to determine the most appropriate land use information, including, where appropriate, land use information obtained from local or regional land use authorities, as developed pursuant to Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of Title 7 of the Government Code. |
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| 76 | + | |
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| 77 | + | |
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| 78 | + | |
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| 79 | + | (b)Identify and quantify, to the extent practicable, the existing and planned sources of water available to the supplier over the same five-year increments described in subdivision (a), providing supporting and related information, including all of the following: |
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| 80 | + | |
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| 81 | + | |
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| 82 | + | |
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| 83 | + | (1)A detailed discussion of anticipated supply availability under a normal water year, single dry year, and droughts lasting at least five years, as well as more frequent and severe periods of drought, as described in the drought risk assessment. For each source of water supply, consider any information pertinent to the reliability analysis conducted pursuant to Section 10635, including changes in supply due to climate change. |
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| 84 | + | |
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| 85 | + | |
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| 86 | + | |
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| 87 | + | (2)When multiple sources of water supply are identified, a description of the management of each supply in correlation with the other identified supplies. |
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| 88 | + | |
|---|
| 89 | + | |
|---|
| 90 | + | |
|---|
| 91 | + | (3)For any planned sources of water supply, a description of the measures that are being undertaken to acquire and develop those water supplies. |
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| 92 | + | |
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| 93 | + | |
|---|
| 94 | + | |
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| 95 | + | (4)If groundwater is identified as an existing or planned source of water available to the supplier, all of the following information: |
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| 96 | + | |
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| 97 | + | |
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| 98 | + | |
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| 99 | + | (A)The current version of any groundwater sustainability plan or alternative adopted pursuant to Part 2.74 (commencing with Section 10720), any groundwater management plan adopted by the urban water supplier, including plans adopted pursuant to Part 2.75 (commencing with Section 10750), or any other specific authorization for groundwater management for basins underlying the urban water suppliers service area. |
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| 100 | + | |
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| 101 | + | |
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| 102 | + | |
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| 103 | + | (B)A description of any groundwater basin or basins from which the urban water supplier pumps groundwater. For basins that a court or the board has adjudicated the rights to pump groundwater, a copy of the order or decree adopted by the court or the board and a description of the amount of groundwater the urban water supplier has the legal right to pump under the order or decree. For a basin that has not been adjudicated, information as to whether the department has identified the basin as a high- or medium-priority basin in the most current official departmental bulletin that characterizes the condition of the groundwater basin, and a detailed description of the efforts being undertaken by the urban water supplier to coordinate with groundwater sustainability agencies or groundwater management agencies listed in subdivision (c) of Section 10723 to maintain or achieve sustainable groundwater conditions in accordance with a groundwater sustainability plan or alternative adopted pursuant to Part 2.74 (commencing with Section 10720). |
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| 104 | + | |
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| 105 | + | |
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| 106 | + | |
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| 107 | + | (C)A detailed description and analysis of the location, amount, and sufficiency of groundwater pumped by the urban water supplier for the past five years. The description and analysis shall be based on information that is reasonably available, including, but not limited to, historic use records. |
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| 108 | + | |
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| 109 | + | |
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| 110 | + | |
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| 111 | + | (D)A detailed description and analysis of the amount and location of groundwater that is projected to be pumped by the urban water supplier. The description and analysis shall be based on information that is reasonably available, including, but not limited to, historic use records. |
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| 112 | + | |
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| 113 | + | |
|---|
| 114 | + | |
|---|
| 115 | + | (c)Describe the opportunities for exchanges or transfers of water on a short-term or long-term basis. |
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| 116 | + | |
|---|
| 117 | + | |
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| 118 | + | |
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| 119 | + | (d)(1)For an urban retail water supplier, quantify, to the extent records are available, past and current water use, over the same five-year increments described in subdivision (a), and projected water use, based upon information developed pursuant to subdivision (a), identifying the uses among water use sectors, including, but not necessarily limited to, all of the following: |
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| 120 | + | |
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| 121 | + | |
|---|
| 122 | + | |
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| 123 | + | (A)Single-family residential. |
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| 124 | + | |
|---|
| 125 | + | |
|---|
| 126 | + | |
|---|
| 127 | + | (B)Multifamily. |
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| 128 | + | |
|---|
| 129 | + | |
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| 130 | + | |
|---|
| 131 | + | (C)Commercial. |
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| 132 | + | |
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| 133 | + | |
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| 134 | + | |
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| 135 | + | (D)Industrial. |
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| 136 | + | |
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| 137 | + | |
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| 138 | + | |
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| 139 | + | (E)Institutional and governmental. |
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| 140 | + | |
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| 141 | + | |
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| 142 | + | |
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| 143 | + | (F)Landscape. |
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| 144 | + | |
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| 145 | + | |
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| 146 | + | |
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| 147 | + | (G)Sales to other agencies. |
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| 148 | + | |
|---|
| 149 | + | |
|---|
| 150 | + | |
|---|
| 151 | + | (H)Saline water intrusion barriers, groundwater recharge, or conjunctive use, or any combination thereof. |
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| 152 | + | |
|---|
| 153 | + | |
|---|
| 154 | + | |
|---|
| 155 | + | (I)Agricultural. |
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| 156 | + | |
|---|
| 157 | + | |
|---|
| 158 | + | |
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| 159 | + | (J)Distribution system water loss. |
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| 160 | + | |
|---|
| 161 | + | |
|---|
| 162 | + | |
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| 163 | + | (2)The water use projections shall be in the same five-year increments described in subdivision (a). |
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| 164 | + | |
|---|
| 165 | + | |
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| 166 | + | |
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| 167 | + | (3)(A)The distribution system water loss shall be quantified for each of the five years preceding the plan update, in accordance with rules adopted pursuant to Section 10608.34. |
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| 168 | + | |
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| 169 | + | |
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| 170 | + | |
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| 171 | + | (B)The distribution system water loss quantification shall be reported in accordance with a worksheet approved or developed by the department through a public process. The water loss quantification worksheet shall be based on the water system balance methodology developed by the American Water Works Association. |
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| 172 | + | |
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| 173 | + | |
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| 174 | + | |
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| 175 | + | (C)In the plan due July 1, 2021, and in each update thereafter, data shall be included to show whether the urban retail water supplier met the distribution loss standards enacted by the board pursuant to Section 10608.34. |
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| 176 | + | |
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| 177 | + | |
|---|
| 178 | + | |
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| 179 | + | (4)(A)Water use projections, where available, shall display and account for the water savings estimated to result from adopted codes, standards, ordinances, or transportation and land use plans identified by the urban water supplier, as applicable to the service area. |
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| 180 | + | |
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| 181 | + | |
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| 182 | + | |
|---|
| 183 | + | (B)To the extent that an urban water supplier reports the information described in subparagraph (A), an urban water supplier shall do both of the following: |
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| 184 | + | |
|---|
| 185 | + | |
|---|
| 186 | + | |
|---|
| 187 | + | (i)Provide citations of the various codes, standards, ordinances, or transportation and land use plans utilized in making the projections. |
|---|
| 188 | + | |
|---|
| 189 | + | |
|---|
| 190 | + | |
|---|
| 191 | + | (ii)Indicate the extent that the water use projections consider savings from codes, standards, ordinances, or transportation and land use plans. Water use projections that do not account for these water savings shall be noted of that fact. |
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| 192 | + | |
|---|
| 193 | + | |
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| 194 | + | |
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| 195 | + | (e)Provide a description of the suppliers water demand management measures. This description shall include all of the following: |
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| 196 | + | |
|---|
| 197 | + | |
|---|
| 198 | + | |
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| 199 | + | (1)(A)For an urban retail water supplier, as defined in Section 10608.12, a narrative description that addresses the nature and extent of each water demand management measure implemented over the past five years. The narrative shall describe the water demand management measures that the supplier plans to implement to achieve its water use targets pursuant to Section 10608.20. |
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| 200 | + | |
|---|
| 201 | + | |
|---|
| 202 | + | |
|---|
| 203 | + | (B)The narrative pursuant to this paragraph shall include descriptions of the following water demand management measures: |
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| 204 | + | |
|---|
| 205 | + | |
|---|
| 206 | + | |
|---|
| 207 | + | (i)Water waste prevention ordinances. |
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| 208 | + | |
|---|
| 209 | + | |
|---|
| 210 | + | |
|---|
| 211 | + | (ii)Metering. |
|---|
| 212 | + | |
|---|
| 213 | + | |
|---|
| 214 | + | |
|---|
| 215 | + | (iii)Conservation pricing. |
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| 216 | + | |
|---|
| 217 | + | |
|---|
| 218 | + | |
|---|
| 219 | + | (iv)Public education and outreach. |
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| 220 | + | |
|---|
| 221 | + | |
|---|
| 222 | + | |
|---|
| 223 | + | (v)Programs to assess and manage distribution system real loss. |
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| 224 | + | |
|---|
| 225 | + | |
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| 226 | + | |
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| 227 | + | (vi)Water conservation program coordination and staffing support. |
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| 228 | + | |
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| 229 | + | |
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| 230 | + | |
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| 231 | + | (vii)Other demand management measures that have a significant impact on water use as measured in gallons per capita per day, including innovative measures, if implemented. |
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| 232 | + | |
|---|
| 233 | + | |
|---|
| 234 | + | |
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| 235 | + | (viii)Other demand management measures that have a significant impact on water used by downstream water rights holders. |
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| 236 | + | |
|---|
| 237 | + | |
|---|
| 238 | + | |
|---|
| 239 | + | (2)For an urban wholesale water supplier, as defined in Section 10608.12, a narrative description of the items in clauses (ii), (iv), (vi), (vii), and (viii) of subparagraph (B) of paragraph (1), and a narrative description of its distribution system asset management and wholesale supplier assistance programs. |
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| 240 | + | |
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| 241 | + | |
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| 242 | + | |
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| 243 | + | (f)Include a description of all water supply projects and water supply programs that may be undertaken by the urban water supplier to meet the total projected water use, as established pursuant to subdivision (a) of Section 10635. The urban water supplier shall include a detailed description of expected future projects and programs that the urban water supplier may implement to increase the amount of the water supply available to the urban water supplier in normal and single-dry water years and for a period of drought lasting five consecutive water years. The description shall identify specific projects and include a description of the increase in water supply that is expected to be available from each project. The description shall include an estimate with regard to the implementation timeline for each project or program. |
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| 244 | + | |
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| 245 | + | |
|---|
| 246 | + | |
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| 247 | + | (g)Describe the opportunities for development of desalinated water, including, but not limited to, ocean water, brackish water, and groundwater, as a long-term supply. |
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| 248 | + | |
|---|
| 249 | + | |
|---|
| 250 | + | |
|---|
| 251 | + | (h)An urban water supplier that relies upon a wholesale agency for a source of water shall provide the wholesale agency with water use projections from that agency for that source of water in 5-year increments to 20 years or as far as data is available. The wholesale agency shall provide information to the urban water supplier for inclusion in the urban water suppliers plan that identifies and quantifies, to the extent practicable, the existing and planned sources of water as required by subdivision (b), available from the wholesale agency to the urban water supplier over the same five-year increments, and during various water-year types in accordance with subdivision (f). An urban water supplier may rely upon water supply information provided by the wholesale agency in fulfilling the plan informational requirements of subdivisions (b) and (f). |
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| 252 | + | |
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| 253 | + | |
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| 254 | + | |
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| 255 | + | SEC. 2.SECTION 1. Section 10632 of the Water Code is amended to read:10632. (a) Every urban water supplier shall prepare and adopt a water shortage contingency plan as part of its urban water management plan that consists of each of the following elements:(1) The analysis of water supply reliability conducted pursuant to Section 10635.(2) The procedures used in conducting an annual water supply and demand assessment that include, at a minimum, both of the following:(A) The written decisionmaking process that an urban water supplier will use each year to determine its water supply reliability.(B) The key data inputs and assessment methodology used to evaluate the urban water suppliers water supply reliability for the current year and one dry year, including all of the following:(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.(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.(iii) Existing infrastructure capabilities and plausible constraints.(iv) A defined set of locally applicable evaluation criteria that are consistently relied upon for each annual water supply and demand assessment.(v) (I) A description and quantification of each source of water supply.(II)If a single reservoir constitutes at least 50 percent of the total water supply for the urban water supplier, the water shortage contingency plan shall include a target water supply storage curve for that reservoir based on target carryover levels sufficient to satisfy water users and ecological streamflow needs pursuant to any applicable state, federal, or local regulations, and water quality needs pursuant to any state, federal, or local regulations for the current year and one dry year, with reasonably predicted inflow calculations considering local conditions and climate change.(III)Each month, the actual reservoir level shall be plotted against the target water supply storage curve on a calendar to determine whether target storage levels are met.(II) If, based on the description and quantification of each source of water supply pursuant to subclause (I), a single reservoir constitutes at least 50 percent of the total water supply, all the following information:(ia) An identification of the dam and description of existing reservoir management operations, including:(Ia) The name of the reservoir.(Ib) The name of the reservoir owner and operator.(Ic) Total reservoir capacity.(Id) The range of historic annual inflows into the reservoir.(Ie) The range of historic annual outflows from the reservoir.(If) The range of historic annual carryover volumes for the reservoir.(Ig) The purposes for which the reservoir is operated, which may include, but are not limited to, water released for instream uses, water supplied for consumptive use, flood control, hydroelectric generation, and recreation.(Ih) Existing regulatory requirements, including instream flow requirements downstream of the reservoir.(Ii) A target water supply storage curve for that reservoir based on target carryover levels sufficient to satisfy water users and ecological streamflow needs pursuant to any applicable state, federal, or local regulations, and water quality needs pursuant to any state, federal, or local regulations for the current year and one dry year, with reasonably predicted inflow and outflow calculations considering the factors described in sub-sub-subclauses (Ia) though (Ih), inclusive.(Ij) Each month, the actual reservoir level shall be plotted against the target water supply storage curve on a calendar to compare actual reservoir levels with target reservoir levels.(ib) If the reservoir is owned and operated by the supplier, a description of operational practices and approaches, including both of the following:(Ia) Existing annual carryover targets and reservoir operations taken to achieve those targets under the range of historic hydrologic conditions described in this section.(Ib) Potential actions that may be taken under a range of potential future hydrologic conditions considering climate change.(3) (A) (i)Six standard water shortage levels corresponding to progressive ranges of up to 10-, 20-, 30-, 40-, and 50-percent shortages, and greater than 50-percent shortage. Urban water suppliers shall define these shortage levels based on the suppliers water supply conditions, including percentage reductions in water supply, changes in groundwater levels, changes in surface elevation or level of subsidence, or other changes in hydrological or other local conditions indicative of the water supply available for use. Shortage levels shall also apply to catastrophic interruption of water supplies, including, but not limited to, a regional power outage, an earthquake, and other potential emergency events.(ii)(B) An urban water supplier with an existing water shortage contingency plan that uses different water shortage levels may comply with the requirement in clause (i) subparagraph (A) by developing and including a cross-reference relating its existing categories to the six standard water shortage levels.(B)If a target water supply storage curve is developed pursuant to clause (v) of subparagraph (B) of paragraph (2), six standard reservoir shortage levels corresponding to water levels below the target water supply storage curve in progressive ranges of up to 10-, 20-, 30-, 40-, and 50-percent shortages, and greater than 50-percent shortage. Urban water suppliers shall determine these shortage levels pursuant to subclause (III) of clause (v) of subparagraph (B) of paragraph (2). Reservoir shortage levels trigger shortage response actions that align with the defined shortage levels and include, at a minimum, subparagraphs (B), (D), and (E) of paragraph (4).(4) Shortage response actions that align with the defined shortage levels and include, at a minimum, all of the following:(A) Locally appropriate supply augmentation actions.(B) Locally appropriate demand reduction actions to adequately respond to shortages.(C) Locally appropriate operational changes.(D) Additional, mandatory prohibitions against specific water use practices that are in addition to state-mandated prohibitions and appropriate to the local conditions.(E) For each action, an estimate of the extent to which the gap between supplies and demand will be reduced by implementation of the action.(5) Communication protocols and procedures to inform customers, the public, interested parties, and local, regional, and state governments, regarding, at a minimum, all of the following:(A) Any current or predicted shortages as determined by the annual water supply and demand assessment described pursuant to Section 10632.1.(B) Any shortage response actions triggered or anticipated to be triggered by the annual water supply and demand assessment described pursuant to Section 10632.1.(C) Any other relevant communications.(6) For an urban retail water supplier, customer compliance, enforcement, appeal, and exemption procedures for triggered shortage response actions as determined pursuant to Section 10632.2.(7) (A) A description of the legal authorities that empower the urban water supplier to implement and enforce its shortage response actions specified in paragraph (4) that may include, but are not limited to, statutory authorities, ordinances, resolutions, and contract provisions.(B) A statement that an urban water supplier shall declare a water shortage emergency in accordance with Chapter 3 (commencing with Section 350) of Division 1.(C) A statement that an urban water supplier shall coordinate with any city or county within which it provides water supply services for the possible proclamation of a local emergency, as defined in Section 8558 of the Government Code.(8) A description of the financial consequences of, and responses for, drought conditions, including, but not limited to, all of the following:(A) A description of potential revenue reductions and expense increases associated with activated shortage response actions described in paragraph (4).(B) A description of mitigation actions needed to address revenue reductions and expense increases associated with activated shortage response actions described in paragraph (4).(C) A description of the cost of compliance with Chapter 3.3 (commencing with Section 365) of Division 1.(9) For an urban retail water supplier, monitoring and reporting requirements and procedures that ensure appropriate data is collected, tracked, and analyzed for purposes of monitoring customer compliance and to meet state reporting requirements.(10) Reevaluation and improvement procedures for systematically monitoring and evaluating the functionality of the water shortage contingency plan in order to ensure shortage risk tolerance is adequate and appropriate water shortage mitigation strategies are implemented as needed.(b) For purposes of developing the water shortage contingency plan pursuant to subdivision (a), an urban water supplier shall analyze and define water features that are artificially supplied with water, including ponds, lakes, waterfalls, and fountains, separately from swimming pools and spas, as defined in subdivision (a) of Section 115921 of the Health and Safety Code.(c) The urban water supplier shall make available the water shortage contingency plan prepared pursuant to this article to its customers and any city or county within which it provides water supplies no later than 30 days after adoption of the water shortage contingency plan. |
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| 256 | + | |
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| 257 | + | SEC. 2.SECTION 1. Section 10632 of the Water Code is amended to read: |
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| 258 | + | |
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| 259 | + | ### SEC. 2.SECTION 1. |
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| 260 | + | |
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| 261 | + | 10632. (a) Every urban water supplier shall prepare and adopt a water shortage contingency plan as part of its urban water management plan that consists of each of the following elements:(1) The analysis of water supply reliability conducted pursuant to Section 10635.(2) The procedures used in conducting an annual water supply and demand assessment that include, at a minimum, both of the following:(A) The written decisionmaking process that an urban water supplier will use each year to determine its water supply reliability.(B) The key data inputs and assessment methodology used to evaluate the urban water suppliers water supply reliability for the current year and one dry year, including all of the following:(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.(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.(iii) Existing infrastructure capabilities and plausible constraints.(iv) A defined set of locally applicable evaluation criteria that are consistently relied upon for each annual water supply and demand assessment.(v) (I) A description and quantification of each source of water supply.(II)If a single reservoir constitutes at least 50 percent of the total water supply for the urban water supplier, the water shortage contingency plan shall include a target water supply storage curve for that reservoir based on target carryover levels sufficient to satisfy water users and ecological streamflow needs pursuant to any applicable state, federal, or local regulations, and water quality needs pursuant to any state, federal, or local regulations for the current year and one dry year, with reasonably predicted inflow calculations considering local conditions and climate change.(III)Each month, the actual reservoir level shall be plotted against the target water supply storage curve on a calendar to determine whether target storage levels are met.(II) If, based on the description and quantification of each source of water supply pursuant to subclause (I), a single reservoir constitutes at least 50 percent of the total water supply, all the following information:(ia) An identification of the dam and description of existing reservoir management operations, including:(Ia) The name of the reservoir.(Ib) The name of the reservoir owner and operator.(Ic) Total reservoir capacity.(Id) The range of historic annual inflows into the reservoir.(Ie) The range of historic annual outflows from the reservoir.(If) The range of historic annual carryover volumes for the reservoir.(Ig) The purposes for which the reservoir is operated, which may include, but are not limited to, water released for instream uses, water supplied for consumptive use, flood control, hydroelectric generation, and recreation.(Ih) Existing regulatory requirements, including instream flow requirements downstream of the reservoir.(Ii) A target water supply storage curve for that reservoir based on target carryover levels sufficient to satisfy water users and ecological streamflow needs pursuant to any applicable state, federal, or local regulations, and water quality needs pursuant to any state, federal, or local regulations for the current year and one dry year, with reasonably predicted inflow and outflow calculations considering the factors described in sub-sub-subclauses (Ia) though (Ih), inclusive.(Ij) Each month, the actual reservoir level shall be plotted against the target water supply storage curve on a calendar to compare actual reservoir levels with target reservoir levels.(ib) If the reservoir is owned and operated by the supplier, a description of operational practices and approaches, including both of the following:(Ia) Existing annual carryover targets and reservoir operations taken to achieve those targets under the range of historic hydrologic conditions described in this section.(Ib) Potential actions that may be taken under a range of potential future hydrologic conditions considering climate change.(3) (A) (i)Six standard water shortage levels corresponding to progressive ranges of up to 10-, 20-, 30-, 40-, and 50-percent shortages, and greater than 50-percent shortage. Urban water suppliers shall define these shortage levels based on the suppliers water supply conditions, including percentage reductions in water supply, changes in groundwater levels, changes in surface elevation or level of subsidence, or other changes in hydrological or other local conditions indicative of the water supply available for use. Shortage levels shall also apply to catastrophic interruption of water supplies, including, but not limited to, a regional power outage, an earthquake, and other potential emergency events.(ii)(B) An urban water supplier with an existing water shortage contingency plan that uses different water shortage levels may comply with the requirement in clause (i) subparagraph (A) by developing and including a cross-reference relating its existing categories to the six standard water shortage levels.(B)If a target water supply storage curve is developed pursuant to clause (v) of subparagraph (B) of paragraph (2), six standard reservoir shortage levels corresponding to water levels below the target water supply storage curve in progressive ranges of up to 10-, 20-, 30-, 40-, and 50-percent shortages, and greater than 50-percent shortage. Urban water suppliers shall determine these shortage levels pursuant to subclause (III) of clause (v) of subparagraph (B) of paragraph (2). Reservoir shortage levels trigger shortage response actions that align with the defined shortage levels and include, at a minimum, subparagraphs (B), (D), and (E) of paragraph (4).(4) Shortage response actions that align with the defined shortage levels and include, at a minimum, all of the following:(A) Locally appropriate supply augmentation actions.(B) Locally appropriate demand reduction actions to adequately respond to shortages.(C) Locally appropriate operational changes.(D) Additional, mandatory prohibitions against specific water use practices that are in addition to state-mandated prohibitions and appropriate to the local conditions.(E) For each action, an estimate of the extent to which the gap between supplies and demand will be reduced by implementation of the action.(5) Communication protocols and procedures to inform customers, the public, interested parties, and local, regional, and state governments, regarding, at a minimum, all of the following:(A) Any current or predicted shortages as determined by the annual water supply and demand assessment described pursuant to Section 10632.1.(B) Any shortage response actions triggered or anticipated to be triggered by the annual water supply and demand assessment described pursuant to Section 10632.1.(C) Any other relevant communications.(6) For an urban retail water supplier, customer compliance, enforcement, appeal, and exemption procedures for triggered shortage response actions as determined pursuant to Section 10632.2.(7) (A) A description of the legal authorities that empower the urban water supplier to implement and enforce its shortage response actions specified in paragraph (4) that may include, but are not limited to, statutory authorities, ordinances, resolutions, and contract provisions.(B) A statement that an urban water supplier shall declare a water shortage emergency in accordance with Chapter 3 (commencing with Section 350) of Division 1.(C) A statement that an urban water supplier shall coordinate with any city or county within which it provides water supply services for the possible proclamation of a local emergency, as defined in Section 8558 of the Government Code.(8) A description of the financial consequences of, and responses for, drought conditions, including, but not limited to, all of the following:(A) A description of potential revenue reductions and expense increases associated with activated shortage response actions described in paragraph (4).(B) A description of mitigation actions needed to address revenue reductions and expense increases associated with activated shortage response actions described in paragraph (4).(C) A description of the cost of compliance with Chapter 3.3 (commencing with Section 365) of Division 1.(9) For an urban retail water supplier, monitoring and reporting requirements and procedures that ensure appropriate data is collected, tracked, and analyzed for purposes of monitoring customer compliance and to meet state reporting requirements.(10) Reevaluation and improvement procedures for systematically monitoring and evaluating the functionality of the water shortage contingency plan in order to ensure shortage risk tolerance is adequate and appropriate water shortage mitigation strategies are implemented as needed.(b) For purposes of developing the water shortage contingency plan pursuant to subdivision (a), an urban water supplier shall analyze and define water features that are artificially supplied with water, including ponds, lakes, waterfalls, and fountains, separately from swimming pools and spas, as defined in subdivision (a) of Section 115921 of the Health and Safety Code.(c) The urban water supplier shall make available the water shortage contingency plan prepared pursuant to this article to its customers and any city or county within which it provides water supplies no later than 30 days after adoption of the water shortage contingency plan. |
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| 262 | + | |
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| 263 | + | 10632. (a) Every urban water supplier shall prepare and adopt a water shortage contingency plan as part of its urban water management plan that consists of each of the following elements:(1) The analysis of water supply reliability conducted pursuant to Section 10635.(2) The procedures used in conducting an annual water supply and demand assessment that include, at a minimum, both of the following:(A) The written decisionmaking process that an urban water supplier will use each year to determine its water supply reliability.(B) The key data inputs and assessment methodology used to evaluate the urban water suppliers water supply reliability for the current year and one dry year, including all of the following:(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.(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.(iii) Existing infrastructure capabilities and plausible constraints.(iv) A defined set of locally applicable evaluation criteria that are consistently relied upon for each annual water supply and demand assessment.(v) (I) A description and quantification of each source of water supply.(II)If a single reservoir constitutes at least 50 percent of the total water supply for the urban water supplier, the water shortage contingency plan shall include a target water supply storage curve for that reservoir based on target carryover levels sufficient to satisfy water users and ecological streamflow needs pursuant to any applicable state, federal, or local regulations, and water quality needs pursuant to any state, federal, or local regulations for the current year and one dry year, with reasonably predicted inflow calculations considering local conditions and climate change.(III)Each month, the actual reservoir level shall be plotted against the target water supply storage curve on a calendar to determine whether target storage levels are met.(II) If, based on the description and quantification of each source of water supply pursuant to subclause (I), a single reservoir constitutes at least 50 percent of the total water supply, all the following information:(ia) An identification of the dam and description of existing reservoir management operations, including:(Ia) The name of the reservoir.(Ib) The name of the reservoir owner and operator.(Ic) Total reservoir capacity.(Id) The range of historic annual inflows into the reservoir.(Ie) The range of historic annual outflows from the reservoir.(If) The range of historic annual carryover volumes for the reservoir.(Ig) The purposes for which the reservoir is operated, which may include, but are not limited to, water released for instream uses, water supplied for consumptive use, flood control, hydroelectric generation, and recreation.(Ih) Existing regulatory requirements, including instream flow requirements downstream of the reservoir.(Ii) A target water supply storage curve for that reservoir based on target carryover levels sufficient to satisfy water users and ecological streamflow needs pursuant to any applicable state, federal, or local regulations, and water quality needs pursuant to any state, federal, or local regulations for the current year and one dry year, with reasonably predicted inflow and outflow calculations considering the factors described in sub-sub-subclauses (Ia) though (Ih), inclusive.(Ij) Each month, the actual reservoir level shall be plotted against the target water supply storage curve on a calendar to compare actual reservoir levels with target reservoir levels.(ib) If the reservoir is owned and operated by the supplier, a description of operational practices and approaches, including both of the following:(Ia) Existing annual carryover targets and reservoir operations taken to achieve those targets under the range of historic hydrologic conditions described in this section.(Ib) Potential actions that may be taken under a range of potential future hydrologic conditions considering climate change.(3) (A) (i)Six standard water shortage levels corresponding to progressive ranges of up to 10-, 20-, 30-, 40-, and 50-percent shortages, and greater than 50-percent shortage. Urban water suppliers shall define these shortage levels based on the suppliers water supply conditions, including percentage reductions in water supply, changes in groundwater levels, changes in surface elevation or level of subsidence, or other changes in hydrological or other local conditions indicative of the water supply available for use. Shortage levels shall also apply to catastrophic interruption of water supplies, including, but not limited to, a regional power outage, an earthquake, and other potential emergency events.(ii)(B) An urban water supplier with an existing water shortage contingency plan that uses different water shortage levels may comply with the requirement in clause (i) subparagraph (A) by developing and including a cross-reference relating its existing categories to the six standard water shortage levels.(B)If a target water supply storage curve is developed pursuant to clause (v) of subparagraph (B) of paragraph (2), six standard reservoir shortage levels corresponding to water levels below the target water supply storage curve in progressive ranges of up to 10-, 20-, 30-, 40-, and 50-percent shortages, and greater than 50-percent shortage. Urban water suppliers shall determine these shortage levels pursuant to subclause (III) of clause (v) of subparagraph (B) of paragraph (2). Reservoir shortage levels trigger shortage response actions that align with the defined shortage levels and include, at a minimum, subparagraphs (B), (D), and (E) of paragraph (4).(4) Shortage response actions that align with the defined shortage levels and include, at a minimum, all of the following:(A) Locally appropriate supply augmentation actions.(B) Locally appropriate demand reduction actions to adequately respond to shortages.(C) Locally appropriate operational changes.(D) Additional, mandatory prohibitions against specific water use practices that are in addition to state-mandated prohibitions and appropriate to the local conditions.(E) For each action, an estimate of the extent to which the gap between supplies and demand will be reduced by implementation of the action.(5) Communication protocols and procedures to inform customers, the public, interested parties, and local, regional, and state governments, regarding, at a minimum, all of the following:(A) Any current or predicted shortages as determined by the annual water supply and demand assessment described pursuant to Section 10632.1.(B) Any shortage response actions triggered or anticipated to be triggered by the annual water supply and demand assessment described pursuant to Section 10632.1.(C) Any other relevant communications.(6) For an urban retail water supplier, customer compliance, enforcement, appeal, and exemption procedures for triggered shortage response actions as determined pursuant to Section 10632.2.(7) (A) A description of the legal authorities that empower the urban water supplier to implement and enforce its shortage response actions specified in paragraph (4) that may include, but are not limited to, statutory authorities, ordinances, resolutions, and contract provisions.(B) A statement that an urban water supplier shall declare a water shortage emergency in accordance with Chapter 3 (commencing with Section 350) of Division 1.(C) A statement that an urban water supplier shall coordinate with any city or county within which it provides water supply services for the possible proclamation of a local emergency, as defined in Section 8558 of the Government Code.(8) A description of the financial consequences of, and responses for, drought conditions, including, but not limited to, all of the following:(A) A description of potential revenue reductions and expense increases associated with activated shortage response actions described in paragraph (4).(B) A description of mitigation actions needed to address revenue reductions and expense increases associated with activated shortage response actions described in paragraph (4).(C) A description of the cost of compliance with Chapter 3.3 (commencing with Section 365) of Division 1.(9) For an urban retail water supplier, monitoring and reporting requirements and procedures that ensure appropriate data is collected, tracked, and analyzed for purposes of monitoring customer compliance and to meet state reporting requirements.(10) Reevaluation and improvement procedures for systematically monitoring and evaluating the functionality of the water shortage contingency plan in order to ensure shortage risk tolerance is adequate and appropriate water shortage mitigation strategies are implemented as needed.(b) For purposes of developing the water shortage contingency plan pursuant to subdivision (a), an urban water supplier shall analyze and define water features that are artificially supplied with water, including ponds, lakes, waterfalls, and fountains, separately from swimming pools and spas, as defined in subdivision (a) of Section 115921 of the Health and Safety Code.(c) The urban water supplier shall make available the water shortage contingency plan prepared pursuant to this article to its customers and any city or county within which it provides water supplies no later than 30 days after adoption of the water shortage contingency plan. |
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| 264 | + | |
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| 265 | + | 10632. (a) Every urban water supplier shall prepare and adopt a water shortage contingency plan as part of its urban water management plan that consists of each of the following elements:(1) The analysis of water supply reliability conducted pursuant to Section 10635.(2) The procedures used in conducting an annual water supply and demand assessment that include, at a minimum, both of the following:(A) The written decisionmaking process that an urban water supplier will use each year to determine its water supply reliability.(B) The key data inputs and assessment methodology used to evaluate the urban water suppliers water supply reliability for the current year and one dry year, including all of the following:(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.(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.(iii) Existing infrastructure capabilities and plausible constraints.(iv) A defined set of locally applicable evaluation criteria that are consistently relied upon for each annual water supply and demand assessment.(v) (I) A description and quantification of each source of water supply.(II)If a single reservoir constitutes at least 50 percent of the total water supply for the urban water supplier, the water shortage contingency plan shall include a target water supply storage curve for that reservoir based on target carryover levels sufficient to satisfy water users and ecological streamflow needs pursuant to any applicable state, federal, or local regulations, and water quality needs pursuant to any state, federal, or local regulations for the current year and one dry year, with reasonably predicted inflow calculations considering local conditions and climate change.(III)Each month, the actual reservoir level shall be plotted against the target water supply storage curve on a calendar to determine whether target storage levels are met.(II) If, based on the description and quantification of each source of water supply pursuant to subclause (I), a single reservoir constitutes at least 50 percent of the total water supply, all the following information:(ia) An identification of the dam and description of existing reservoir management operations, including:(Ia) The name of the reservoir.(Ib) The name of the reservoir owner and operator.(Ic) Total reservoir capacity.(Id) The range of historic annual inflows into the reservoir.(Ie) The range of historic annual outflows from the reservoir.(If) The range of historic annual carryover volumes for the reservoir.(Ig) The purposes for which the reservoir is operated, which may include, but are not limited to, water released for instream uses, water supplied for consumptive use, flood control, hydroelectric generation, and recreation.(Ih) Existing regulatory requirements, including instream flow requirements downstream of the reservoir.(Ii) A target water supply storage curve for that reservoir based on target carryover levels sufficient to satisfy water users and ecological streamflow needs pursuant to any applicable state, federal, or local regulations, and water quality needs pursuant to any state, federal, or local regulations for the current year and one dry year, with reasonably predicted inflow and outflow calculations considering the factors described in sub-sub-subclauses (Ia) though (Ih), inclusive.(Ij) Each month, the actual reservoir level shall be plotted against the target water supply storage curve on a calendar to compare actual reservoir levels with target reservoir levels.(ib) If the reservoir is owned and operated by the supplier, a description of operational practices and approaches, including both of the following:(Ia) Existing annual carryover targets and reservoir operations taken to achieve those targets under the range of historic hydrologic conditions described in this section.(Ib) Potential actions that may be taken under a range of potential future hydrologic conditions considering climate change.(3) (A) (i)Six standard water shortage levels corresponding to progressive ranges of up to 10-, 20-, 30-, 40-, and 50-percent shortages, and greater than 50-percent shortage. Urban water suppliers shall define these shortage levels based on the suppliers water supply conditions, including percentage reductions in water supply, changes in groundwater levels, changes in surface elevation or level of subsidence, or other changes in hydrological or other local conditions indicative of the water supply available for use. Shortage levels shall also apply to catastrophic interruption of water supplies, including, but not limited to, a regional power outage, an earthquake, and other potential emergency events.(ii)(B) An urban water supplier with an existing water shortage contingency plan that uses different water shortage levels may comply with the requirement in clause (i) subparagraph (A) by developing and including a cross-reference relating its existing categories to the six standard water shortage levels.(B)If a target water supply storage curve is developed pursuant to clause (v) of subparagraph (B) of paragraph (2), six standard reservoir shortage levels corresponding to water levels below the target water supply storage curve in progressive ranges of up to 10-, 20-, 30-, 40-, and 50-percent shortages, and greater than 50-percent shortage. Urban water suppliers shall determine these shortage levels pursuant to subclause (III) of clause (v) of subparagraph (B) of paragraph (2). Reservoir shortage levels trigger shortage response actions that align with the defined shortage levels and include, at a minimum, subparagraphs (B), (D), and (E) of paragraph (4).(4) Shortage response actions that align with the defined shortage levels and include, at a minimum, all of the following:(A) Locally appropriate supply augmentation actions.(B) Locally appropriate demand reduction actions to adequately respond to shortages.(C) Locally appropriate operational changes.(D) Additional, mandatory prohibitions against specific water use practices that are in addition to state-mandated prohibitions and appropriate to the local conditions.(E) For each action, an estimate of the extent to which the gap between supplies and demand will be reduced by implementation of the action.(5) Communication protocols and procedures to inform customers, the public, interested parties, and local, regional, and state governments, regarding, at a minimum, all of the following:(A) Any current or predicted shortages as determined by the annual water supply and demand assessment described pursuant to Section 10632.1.(B) Any shortage response actions triggered or anticipated to be triggered by the annual water supply and demand assessment described pursuant to Section 10632.1.(C) Any other relevant communications.(6) For an urban retail water supplier, customer compliance, enforcement, appeal, and exemption procedures for triggered shortage response actions as determined pursuant to Section 10632.2.(7) (A) A description of the legal authorities that empower the urban water supplier to implement and enforce its shortage response actions specified in paragraph (4) that may include, but are not limited to, statutory authorities, ordinances, resolutions, and contract provisions.(B) A statement that an urban water supplier shall declare a water shortage emergency in accordance with Chapter 3 (commencing with Section 350) of Division 1.(C) A statement that an urban water supplier shall coordinate with any city or county within which it provides water supply services for the possible proclamation of a local emergency, as defined in Section 8558 of the Government Code.(8) A description of the financial consequences of, and responses for, drought conditions, including, but not limited to, all of the following:(A) A description of potential revenue reductions and expense increases associated with activated shortage response actions described in paragraph (4).(B) A description of mitigation actions needed to address revenue reductions and expense increases associated with activated shortage response actions described in paragraph (4).(C) A description of the cost of compliance with Chapter 3.3 (commencing with Section 365) of Division 1.(9) For an urban retail water supplier, monitoring and reporting requirements and procedures that ensure appropriate data is collected, tracked, and analyzed for purposes of monitoring customer compliance and to meet state reporting requirements.(10) Reevaluation and improvement procedures for systematically monitoring and evaluating the functionality of the water shortage contingency plan in order to ensure shortage risk tolerance is adequate and appropriate water shortage mitigation strategies are implemented as needed.(b) For purposes of developing the water shortage contingency plan pursuant to subdivision (a), an urban water supplier shall analyze and define water features that are artificially supplied with water, including ponds, lakes, waterfalls, and fountains, separately from swimming pools and spas, as defined in subdivision (a) of Section 115921 of the Health and Safety Code.(c) The urban water supplier shall make available the water shortage contingency plan prepared pursuant to this article to its customers and any city or county within which it provides water supplies no later than 30 days after adoption of the water shortage contingency plan. |
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