Bolinas Community Public Utility District
Resolution No. 575
Declaring a Prolonged Drought Condition in the Bolinas Community Public Utility
District and Implementing Mandatory Conservation Measures Pursuant to a Previously
Established Water Shortage Emergency.
THE BOARD OF DIRECTORS OF THE BOLINAS COMMUNITY PUBLIC UTILITY DISTRICT
(“BCPUD”) HEREBY FINDS AND DECLARES AS FOLLOWS:
WHEREAS, the BCPUD is a public utility district empowered to provide water
service within its boundaries; and
WHEREAS, the BCPUD declared a water shortage emergency in 1971 and has reaffirmed
that water emergency declaration on numerous subsequent occasions; and
WHEREAS, the BCPUD’s adoption of a water shortage emergency and regulations
addressing that situation, including a moratorium on new water service connections,
have been upheld against legal challenges; and
WHEREAS, the BCPUD regularly requests its customers to take steps to reduce
consumption, particularly during the summer and fall months when water supplies
typically contract; and
WHEREAS, the prolonged drought condition currently affecting California has
continued throughout 2008 and into 2009; and
WHEREAS, the runoff available to the BCPUD from precipitation in the local
watershed has steadily decreased during the drought and has now reached historic
lows; and
WHEREAS, on June 4, 2008, California Governor Arnold Schwarzenegger formally
declared a condition of statewide drought, encouraging local water agencies
to promote water conservation; and
WHEREAS, the BCPUD staff reports that the community’s water consumption is
significantly outpacing the BCPUD’s ability to produce water in light of
the available raw water supply; BCPUD has two emergency reservoirs
and one is already depleted; BCPUD is now relying on water from its only
remaining emergency reservoir; and
WHEREAS, as of the date of enactment of this resolution and based on current
and historic consumption levels and water supply availability documented
in a report from BCPUD’s Chief Operator, a copy of which is attached to this
resolution and incorporated herein, BCPUD staff projects that the district
will be out of emergency reservoir water by April 30, 2009.
NOW, THEREFORE, BE IT RESOLVED that the BCPUD adopts this resolution as follows:
Section 1. Authority. This resolution is enacted
pursuant to BCPUD’s statutory powers, Gov’t Code Section 53069.4, and the
water shortage emergency provisions of Water Code sections 350 et seq., including
but not limited to the power to implement regulations addressing the delivery
and consumption of water as provide in Water Code section 353, and BCPUD
resolutions, including but not limited to BCPUD Resolutions 173 and 247.
These regulations are issued in the sound discretion of the BCPUD Board of
Directors and will conserve the water supply for the greatest public benefit
with particular regard to domestic use, sanitation and fire protection.
Section 2. Drought Declaration. The BCPUD hereby
finds and declares, based on the evidence and conclusions contained in the
report of the BCPUD’s Chief Operator attached hereto as Exhibit A, a special
water supply alert and further finds and declares a prolonged drought condition
to exist in its service area.
Section 3. New Regulations To Address Drought Conditions.
The BCPUD finds that although a program of voluntary measures to reduce consumption
has resulted in some reduction in water usage by its customers, further measures
are necessary to avoid unsustainable demands being placed on its system during
the drought. As such, and subject to the special exemption provisions
of Section 5, below, the BCPUD enacts the following water use prohibitions
within the BCPUD service area:
a. No more than 20 cubic feet of water per day may be used
by any service connection (which is equivalent to approximately 150 gallons
per day per service connection); provided, however, that the following businesses,
public entities and multi-use facilities may not use more that the amount
of water per day specified below:
Customer
Permitted Water Use
GPD equiv.
(cubic ft/quarter)
Commonweal
6150
511
Bolinas School
4275
355
Bolinas Laundry
14,075
1170
Smiley’s
8194
681
Coast Café
14,443
1200
Bolinas Community Center 4183
348
BCLT-Garage
3306
275
Welsh Bldg (apts)
3062
255
Open Space bathrooms 5017
417
Nisbet Orchids
6338
527
BCPUD (270 Elm)
3269
272
Blue Heron
3534
294
BCLT – Gibson House 3271
272
Bolinas Market
2989
248
The Barn (52 Wharf) 2325
193
Water use shall be measured by the BCPUD-approved water meter at each connection;
Section 4. Voluntary Measures. The BCPUD shall continue
to urge its customers to:
a. Install only drought-tolerant landscaping, including
low-water-using trees and plants;
b. Install pool and spa covers to minimize water loss due
to evaporation;
c. Retrofit indoor plumbing fixtures with low-flow devices;
and
d. Check faucets, toilets and pipes, both indoor and outdoor,
including house service laterals and sprinkler piping, for leaks and repair
them immediately, or upon demand of the BCPUD.
e. Limit watering of lawns and other landscaping
with water supplied by the BCPUD to no more than once per week; and
f. Handwater lawns and other landscaping rather than utilize
automatic irrigation systems.
g. Not serve drinking water to any customer in a restaurant
or other public place where food is served, sold or offered for sale unless
expressly requested by the customer;
h. Not wash driveways, sidewalks, parking areas, patios
or other outdoor areas with water supplied by the BCPUD;
i Not wash vehicles with water supplied by the BCPUD.
Section 5. Special Exemptions. Written application
for an exception to or an adjustment of the water use prohibitions set forth
in Section 3 may be made to the BCPUD. Upon receipt of such an application,
the General Manager may:
a. grant permits for the uses of water otherwise prohibited;
or
b. adjust the established allotments if it is found that:
(i) to fail to do so would cause an
emergency condition adversely affecting the health, sanitation, fire protection,
or safety of the customer or the public, or adverse impacts such as loss
of production or jobs; or
(ii) the customer has demonstrated to
the satisfaction of the General Manager that circumstances have changed warranting
a change in the customer’s allotment.
No permit shall be granted or allotment adjusted unless the customer has
adopted all practicable water conservation measures and has demonstrated
to the BCPUD’s satisfaction that there are no alternatives to the use of
water from the BCPUD and the BCPUD’ s water will be used efficiently and
without waste. The General Manager’s decision on an application
submitted under this Section 5 may be appealed to the Board of Directors;
any such appeal must be in writing and received by the BCPUD within ten (10)
days of the General Manager’s decision. The Board of Director’s decision
on the appeal of an application for an exception or adjustment is final.
6. Enforcement. This is a serious water shortage
emergency for which the BCPUD must enforce these regulations to protect the
health, safety and welfare of the BCPUD’s residents. The BCPUD hereby
enacts the following enforcement system:
a. First time violators of the mandatory provisions of
Section 3, or of the terms of any special exemption granted pursuant to Section
5, shall be issued a written warning;
b. A second violation within the same year (which may occur
as soon as 24 hours after the first violation and each day thereafter may
constitute a new violation) shall result in the issuance of another written
warning to the violator and the BCPUD may also install a flow-restricting
device on the service line of any customer violating any provision of this
resolution, including use of water in excess of the established allotment;
and
c. A third violation within the same year (which may occur
as soon as 24 hours after the first violation and each day thereafter may
constitute a new violation) shall result in the immediate discontinuation
of the water service for said violator.
Tampering with or altering a BCPUD water meter to either misreport water
usage or to restore water service after the BCPUD has discontinued water
service due to repeated violations of this resolution is prohibited and declared
a criminal misdemeanor, as well as a trespass and public nuisance.
The BCPUD shall vigorously enforce any violoations relating to meter tampering
or alteration.
Section 7. Next Steps. If critical water shortages
continue and supplies of water are further reduced, the BCPUD will consider
further action to curtail water use, including enhanced
mandatory measures, to prevent water waste. If and when water supply
conditions improve, the BCPUD will take appropriate measures to rescind some
or all of the provisions contined herein.
Section 8. Effective Date and Sunset. This resolution
shall take effect immediately. This resolution shall not have a sunset
date.
Section 9. Severability Clause. If any provision
of this resolution is found to be illegal, unconstitutional or unenforceable
for any reason whatsoever, that provision shall be severed from the remaining
provisions of this resolution, which shall remain in full force and effect.
PASSED AND ADOPTED at a regular meeting of the Board of Directors on
this 28th day of January, 2009.
AYES: Amoroso, Kimball, McClellan, Siedman, Smith
NOES: None
ABSTAIN: None
ABSENT: None
_____Jack Siedman________
President, Board
of Directors
Attest:
_______Jennifer Blackman___
Secretary
EXHIBIT A
TO: Board of Directors
FROM: Bill Pierce, Chief Operator
RE: 2009 Water Supply
DATE: January 28, 2009
This memorandum briefly describes the current severe water
shortage the district is facing as of today’s date and sets forth my resulting
recommendation that the Board enact immediate mandatory rationing measures
to protect public health and safety and ensure an acceptable water supply
for drinking water and fire protection for the remainder of the year.
As you know, our preferred water source is the surface
water we divert from the Arroyo Hondo Creek. At this time of year,
creek flows typically are high and our customer demand is low. However,
due to the prolonged local drought conditions, creek flows are at historic
lows for this time of year (specifically, we currently are able to divert
only 60 gallons per minute from the Arroyo Hondo, which is more characteristic
of late summer or fall conditions than it is of mid-winter conditions) and
customer demand is higher than usual. As a result, to meet current
customer demand, we are supplementing with water from our emergency reservoirs
which is unprecedented for this district at this time of year.
Due to the last two years of lower-than-average rainfall, combined with the
historic low rainfall of the 2008-09 winter season to-date, we currently
have only 20 acre feet of water remaining in our emergency reservoirs.
Specifically, this water is in the Woodrat #1 reservoir; Woodrat #2
reservoir is functionally empty because we used it to supplement our water
supply during 2008. To place this in context, in a normal year, the
district typically has the full 54 acre feet of emergency water available
in both reservoirs (i.e., the 30 acre feet typically stored in Woodrat #2
plus the 24 acre feet typically stored in Woodrat #1). Accordingly,
we have only about 38% of our typical emergency water supply available to
the district at this time.
If the district’s consumption continues at its present rate, I project that
the district will deplete its remaining emergency reservoir water supply
by approximately April 30, 2009. If that should occur, the district
will then be completely reliant on the available water from the Arroyo Hondo
Creek. Unfortunately, creek flows will decline further as the
year progresses if we do not receive significant rain.
Under these circumstances, I recommend that the district implement immediate
mandatory conservation measures, including but not limited to rationing a
specific amount of daily water allocation on a per-service connection basis.
Specifically, I recommend that the district impose a limit of 20 cubic
feet per water service connection per day (which is approximately 150 gallons
per day), provided, however, that the following businesses, public entities
and multi-use facilities shall be allowed the following limit:
Commonweal
6150
511
Bolinas School
4275
355
Bolinas Laundry
14,075
1170
Smiley’s
8194
681
Coast Café
14,443
1200
Bolinas Community Center 4183
348
BCLT-Garage
3306
275
Welsh Bldg (apts)
3062
255
Open Space bathrooms 5017
417
Nisbet Orchids
6338
527
BCPUD (270 Elm)
3269
272
Blue Heron
3534
294
BCLT – Gibson House 3271
272
Bolinas Market
2989
248
The Barn (52 Wharf) 2325
193
My recommendations for the mandatory water use restrictions
set forth above are based on the following assumptions:
1. The district does not receive any further significant
rainfall prior to December 1, 2009.
2. The district has a remaining emergency reservoir supply
of approximately 19 acre feet or water, which is approximately 6,000,000
gallons (after allowing for a reserve for fire protection and/or other water
loss (such as distribution system leaks));
3. The available creek flow from the Arroyo Hondo Creek
allows a projected diversion of 50 gallons per minute.
4. Based on the above three assumptions, I have calculated
that to have sufficient water available to protect public health and safety
and provide adequate fire protection to the community through December 1,
2009, our customers must limit their collective consumption to approximately
92,000 gallons per day, or 150 gallons (i.e, 20 cubic feet) per service connection
per day, which is equivalent to 1800 cubic feet per quarter (note:
not per capita – this is a per service connection limit), subject to the
special provisions made for the customers described above.
5. If any of the above assumptions should prove incorrect,
we will reevaluate, circumstances as they arise and recommend adjustments
to the rationing recommendation above. For example, if my projectins
regarding available creek flow from the Arroyo Hondo Creek does not allow
a diversion of 50 gallons per minute, I have calculated that the following
adjustments to the rationing recommendation would be necessary:
a. if the available creek flow from
the Arroyo Hondo Creek allows a diversion of only 45 gallons per minute,
customer consumption must be limited to 137 gallons per day per service connection;
or
b. if the available creek flow from
the Arroyo Hondo Creek allows a diversion of only 40 gallons per minute,
customer consumption must be limited to 124.8 gallons per day per service
connection.