The governing body of a distributor of a public water supply, whether publicly or privately owned and including a mutual water company, shall declare a water shortage emergency condition to prevail within the area served by such distributor whenever it finds and determines that the ordinary demands and requirements of water consumers cannot be satisfied without depleting the water supply of the distributor to the extent that there would be insufficient water for human consumption, sanitation, and fire protection.
Chapter 3Water Shortage Emergencies
Section § 350
This law states that if a public water supplier, whether publicly owned, privately owned, or a mutual water company, realizes that they can't meet normal water demands without severely depleting their supply, they must declare a water shortage emergency.
This ensures there's enough water left for essential needs like drinking, hygiene, and firefighting.
water shortage emergency public water supply water distributor water demands water depletion human consumption sanitation fire protection mutual water company water supplier water emergency declaration water supply management essential water needs ordinary water demands insufficient water supply
Section § 351
This law outlines when a public water supplier in California can make an emergency declaration about water use. Normally, the supplier needs to have a public hearing where water consumers can express their concerns and needs. However, in emergencies like wildfires, power outages caused to prevent fires (called deenergization events), or failures in water delivery systems like dams or pipelines, these declarations can be made without a hearing.
A deenergization event is a planned power shutdown by an electric company to lower wildfire risks. It starts when notice is given to the state or local authorities and ends when the power is restored or the shutdown is canceled. Regular maintenance power outages don't count as deenergization events.
(a)CA Water Code § 351(a) Except in the event of a wildfire, a deenergization event, or a breakage or failure of a dam, pump, pipeline, or conduit causing an immediate emergency, the governing body of a public water supplier shall make a declaration pursuant to Section 350 only after a public hearing at which consumers of the water supply shall have an opportunity to be heard to protest the declaration and to present their respective needs to the governing board.
(b)CA Water Code § 351(b) For purposes of this section, a “deenergization event” means a planned power outage, undertaken by an electrical corporation, as defined in Section 218 of the Public Utilities Code, to reduce the risk of wildfires caused
by utility equipment, pursuant to Public Utilities Commission Resolution ESRB-8 and any decisions issued by the commission, the former Wildfire Safety Division, as set forth in former Section 326 of the Public Utilities Code, the Office of Energy Infrastructure Safety, or any other agency with authority over electrical corporations. A deenergization event commences when an electrical corporation provides notice to any state agency or political subdivision of the potential need to initiate a planned deenergization of the electrical grid, and ceases when the electrical corporation restores electrical services to all deenergized customers, or at such time as the electrical corporation cancels the deenergization event for some or all of its affected customers, and rescinds the notice of the potential
need to initiate the deenergization event. A deenergization event does not include any planned outages in connection with regular utility work.
public water supplier emergency declaration wildfire deenergization event public hearing consumer protest water supply needs planned power outage electrical corporation wildfire risk reduction Public Utilities Commission utility equipment notice of deenergization water delivery system failure emergency declaration exceptions
Section § 352
This law requires that a notice about a hearing must be published in a local newspaper at least seven days before the hearing. The newspaper should be one that is printed, published, and circulated in the area where the water supply is distributed. If no local newspaper exists, the notice can be published in any newspaper in the county.
Notice of the time and place of hearing shall be published pursuant to Section 6061 of the Government Code at least seven days prior to the date of hearing in a newspaper printed, published, and circulated within the area in which the water supply is distributed, or if there is no such newspaper, in any newspaper printed, published, and circulated in the county in which the area is located.
hearing notice publication local newspaper requirement water supply area notice timing seven-day notice Section 6061 compliance county newspaper alternative publication requirements community notification local circulation newspaper pre-hearing announcement water distribution area Government Code Section 6061 hearing scheduling notice
Section § 353
If a local authority decides that there's a water shortage emergency, it must set up rules and limits on using and delivering water in the area it serves. These measures aim to save water primarily for essential needs such as household use, sanitation, and firefighting.
When the governing body has so determined and declared the existence of an emergency condition of water shortage within its service area, it shall thereupon adopt such regulations and restrictions on the delivery of water and the consumption within said area of water supplied for public use as will in the sound discretion of such governing body conserve the water supply for the greatest public benefit with particular regard to domestic use, sanitation, and fire protection.
water shortage emergency water conservation public use water domestic water use sanitation water supply fire protection water emergency water regulations water delivery restrictions governing body regulations service area water management water supply conservation emergency water management public benefit water use water consumption limits domestic use priority
Section § 354
This law states that once a governing body decides how much water is needed for essential services like homes, sanitation, and fire protection, they can set rules about who gets any leftover water. They can decide what purposes this extra water can be used for and ensure that it's shared fairly among users needing it for the same reasons.
After allocating and setting aside the amount of water which in the opinion of the governing body will be necessary to supply water needed for domestic use, sanitation, and fire protection, the regulations may establish priorities in the use of water for other purposes and provide for the allocation, distribution, and delivery of water for such other purposes, without discrimination between consumers using water for the same purpose or purposes.
water allocation domestic use sanitation fire protection priority use water distribution consumer equality water delivery governing body non-discrimination water supply management resource allocation public services water water usage priorities
Section § 355
During a water emergency, specific regulations and restrictions are put into place to manage water distribution. These rules remain active until the emergency ends and the water supply in that area is restored or increased.
The regulations and restrictions shall thereafter be and remain in full force and effect during the period of the emergency and until the supply of water available for distribution within such area has been replenished or augmented.
water emergency water supply management water distribution regulations restrictions during emergencies replenished water supply augmented water supply emergency water rules water availability distribution area regulations emergency period supply replenishment water conservation measures water shortage response emergency management emergency regulations
Section § 356
This law allows authorities to deny requests for new or extra water service connections. They can also stop service to those who intentionally break the rules.
The regulations and restrictions may include the right to deny applications for new or additional service connections, and provision for their enforcement by discontinuing service to consumers wilfully violating the regulations and restrictions.
denial of service applications new service connections additional service connections enforcement provisions discontinuing service wilful violations water service regulations water utility enforcement service connection restrictions consumer violations application denial utility service enforcement water service denial service discontinuation rule enforcement
Section § 357
This law says that if there are emergency rules about how water can be delivered and used, these rules take priority over existing water rights laws during the emergency. However, any water company regulated by the State Public Utilities Commission must get their approval before putting these emergency rules into effect.
If the regulations and restrictions on delivery and consumption of water adopted pursuant to this chapter conflict with any law establishing the rights of individual consumers to receive either specific or proportionate amounts of the water supply available for distribution within such service area, the regulations and restrictions adopted pursuant to this chapter shall prevail over the provisions of such laws relating to water rights for the duration of the period of emergency; provided, however, that any distributor of water which is subject to regulation by the State Public Utilities Commission shall before making such regulations and restrictions effective secure the approval thereof by the Public Utilities Commission.
water delivery regulations water consumption restrictions water rights conflict service area water distribution emergency water rules State Public Utilities Commission water distributor regulation water supply management emergency period water law water company compliance approval by Public Utilities Commission emergency law precedence public water utility regulation California water management legal conflict resolution in water rights
Section § 358
This law section ensures that courts can review actions taken by a governing board regarding emergencies. If someone believes the board's decisions or rules are unfair, irrational, or made in bad faith, they can challenge it in court.
Nothing in this chapter shall be construed to prohibit or prevent review by any court of competent jurisdiction of any finding or determination by a governing board of the existence of an emergency or of regulations or restrictions adopted by such board, pursuant to this chapter, on the ground that any such action is fraudulent, arbitrary, or capricious.
court review governing board emergency regulations fraudulent action arbitrary decisions capricious behavior judicial review challenging board decisions emergency determination unfair regulations bad faith court jurisdiction board restrictions legal challenge competent jurisdiction
Section § 359
This law allows public water agencies to bypass an election for contracts with the federal government to get funds for emergency drought relief, but with conditions. If four-fifths of the agency's board agrees, they can use federal funds for projects that address water shortages due to the drought, as long as the projects are within specific timeframes and conditions like completing them by March 1, 1978, or getting an extension if delays occur. The funds can only be repaid from the improved system revenues. However, if 10% of voters demand an election within 30 days of applying for funds, the agency must hold one. Lastly, a public water agency includes any local governmental entity handling water distribution that can contract with the federal government.
(a)CA Water Code § 359(a) Notwithstanding any other provision of law that requires an election for the purpose of authorizing a contract with the United States, or for incurring the obligation to repay loans from the United States, and except as otherwise limited or prohibited by the California Constitution, a public water agency, as an alternative procedure to submitting the proposal to an election, upon affirmative vote of four-fifths of the members of the governing body thereof, may apply for, accept, provide for the repayment together with interest thereon, and use funds made available by the federal government pursuant to Public Law 95-18, pursuant to any other federal act subsequently enacted during 1977 that specifically provides emergency drought relief financing, or pursuant to existing federal relief programs receiving budget augmentations in 1977 for drought assistance, and may enter into contracts that are required to obtain those federal funds pursuant to the provisions of those federal acts if the following conditions exist:
(1)CA Water Code § 359(a)(1) The project is undertaken by a state, regional, or local governmental agency.
(2)CA Water Code § 359(a)(2) As a result of the severe drought now existing in many parts of the state, the agency has insufficient water supply needed to meet necessary agricultural, domestic, industrial, recreational, and fish and wildlife needs within the service area or area of jurisdiction of the agency.
(3)CA Water Code § 359(a)(3) The project will develop or conserve water before October 31, 1978, and will assist in mitigating the impacts of the drought.
(4)CA Water Code § 359(a)(4) The agency affirms that it will comply, if applicable, with Sections 1602, 1603, and 1605 of the Fish and Game Code.
(5)CA Water Code § 359(a)(5) The project will be completed on or before the completion date, if any, required under the federal act providing the funding, but not later than March 1, 1978.
(b)CA Water Code § 359(b) Any obligation to repay loans shall be expressly limited to revenues of the system improved by the proceeds of the contract.
(c)CA Water Code § 359(c) No application for federal funds pursuant to this section shall be made on or after March 1, 1978.
(d)CA Water Code § 359(d) Notwithstanding the provisions of this section, a public agency shall not be exempt from any provision of law that requires the submission of a proposal to an election if a petition requesting such an election signed by 10 percent of the registered voters within the public agency is presented to the governing board within 30 days following the submission of an application for federal funds.
(e)CA Water Code § 359(e) Notwithstanding the provisions of this section, a public water agency that applied for federal funds for a project before January 1, 1978, may make application to the Director of the Drought Emergency Task Force for extension of the required completion date specified in paragraph (5) of subdivision (b). Following receipt of an application for extension, the Director of the Drought Emergency Task Force may extend the required completion date specified in paragraph (5) of subdivision (b) to a date not later than September 30, 1978, if the director finds that the project has been delayed by factors not controllable by the public water agency. If the Drought Emergency Task Force is dissolved, the Director of Water Resources shall exercise the authority vested in the Director of the Drought Emergency Task Force pursuant to this section.
(f)CA Water Code § 359(f) For the purposes of this section, “public water agency” means a city, district, agency, authority, or any other political subdivision of the state, except the state, that distributes water to the inhabitants thereof, is otherwise authorized by law to enter into contracts or agreements with the federal government for a water supply or for financing facilities for a water supply, and is otherwise required by law to submit those agreements or contracts or any other project involving long-term debt to an election within that public water agency.
public water agency emergency drought relief federal funds water supply project vote requirement election bypass loan repayment drought emergency project completion date voter petition federal contracts project extension water conservation service area Drought Emergency Task Force
