Section 863 - Findings of Drought Emergency(a) The State Water Resources Control Board finds as follows: (1) On January 17, 2014, the Governor issued a proclamation of a state of emergency under the California Emergency Services Act based on drought conditions;(2) On April 25, 2014, the Governor issued a proclamation of a continued state of emergency under the California Emergency Services Act based on continued drought conditions;(3) On April 1, 2015, the Governor issued an Executive Order that, in part, directs the State Board to impose restrictions on water suppliers to achieve a statewide 25 percent reduction in potable urban usage through February, 2016; require commercial, industrial, and institutional users to implement water efficiency measures; prohibit irrigation with potable water of ornamental turf in public street medians; and prohibit irrigation with potable water outside newly constructed homes and buildings that is not delivered by drip or microspray systems;(4) On November 13, 2015, the Governor issued an Executive Order that directs the State Board to, if drought conditions persist through January 2016, extend until October 31, 2016 restrictions to achieve a statewide reduction in potable usage;(5) On May 9, 2016, the Governor issued an Executive Order that directs the State Board to adjust and extend its emergency water conservation regulations through the end of January 2017 in recognition of the differing water supply conditions for many communities;(6) The drought conditions that formed the basis of the Governor's emergency proclamations continue to exist; and(7) The drought conditions will likely continue for the foreseeable future and additional action by both the State Water Resources Control Board and local water suppliers will likely be necessary to prevent waste and unreasonable use of water and to further promote conservation.Cal. Code Regs. Tit. 23, § 863
Note: Authority cited: Section 1058.5, Water Code. Reference: Article X, Section 2, California Constitution; Sections 102, 104, 105 and 275, Water Code; and Light v. State Water Resources Control Board (2014) 226 Cal.App.4th 1463.
1. New article 22.5 (sections 863-865) and section filed 7-28-2014 as an emergency; operative 7/28/2014 (Register 2014, No. 31). The finding of emergency was exempt from OAL review pursuant to Water Code section 1058.5(b). Pursuant to Water Code section 1058.5(c), a Certificate of Compliance must be transmitted to OAL by 4-24-2015 or emergency language will be repealed by operation of law on the following day.
3. New article 22.5 (sections 863-866) and section refiled (with further amendments to section and Note) 5-18-2015 as an emergency; operative 5/18/2015 (Register 2015, No. 21). The finding of emergency was exempt from OAL review pursuant to Water Code section 1058.5(b). Pursuant to Water Code section 1058.5(c), a Certificate of Compliance must be transmitted to OAL by 2-12-2016 or emergency language will be repealed by operation of law on the following day.
4. New article 22.5 (sections 863-866) and section refiled with further amendments 2-11-2016 as an emergency; operative 2-11-2016 (Register 2016, No. 7). The finding of emergency was exempt from OAL review pursuant to Water Code section 1058.5(b). Pursuant to Water Code section 1058.5(c), a Certificate of Compliance must be transmitted to OAL by 11-7-2016 or emergency language will be repealed by operation of law on the following day.
5. New article 22.5 (sections 863-866) and section refiled 5-31-2016 as an emergency, including new subsection (a)(5) and subsection renumbering; operative 5/31/2016 (Register 2016, No. 23). The finding of emergency was exempt from OAL review pursuant to Water Code section 1058.5(b). Pursuant to Water Code section 1058.5(c), a Certificate of Compliance must be transmitted to OAL by 2-27-2017 or emergency language will be repealed by operation of law on the following day.