Information about http://www.owue.water.ca.gov/docs/UWMPAct.pdf

Established: AB 797, Klehs, 1983 …

Tags: 11x, bates, california water code, daucher, efficient use, filante, implementation, management planning, mccorquodale, polanco, renewable resource, resource subject, sb 553, statewide concern, torlakson, urban water management, urban water supplies, wiggins,
Pages: 14
Language: english
Created: Mon Dec 12 09:20:42 2005

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Established: AB 797, Klehs, 1983
Amended: AB 2661, Klehs, 1990
AB 11X, Filante, 1991
AB 1869, Speier, 1991
AB 892, Frazee, 1993
SB 1017, McCorquodale, 1994
AB 2853, Cortese, 1994
AB 1845, Cortese, 1995
SB 1011, Polanco, 1995
AB 2552, Bates, 2000
SB 553, Kelley, 2000
SB 610, Costa, 2001
AB 901, Daucher, 2001
SB 672, Machado, 2001
SB 1348, Brulte, 2002
SB 1384, Costa, 2002
SB 1518, Torlakson, 2002
AB 105, Wiggins, 2004
SB 318, Alpert, 2004

CALIFORNIA WATER CODE DIVISION 6
PART 2.6. URBAN WATER MANAGEMENT PLANNING

CHAPTER 1. GENERAL DECLARATION AND POLICY

10610. This part shall be known and may be cited as the "Urban Water Management
Planning Act."

10610.2. (a) The Legislature finds and declares all of the following:

(1) The waters of the state are a limited and renewable resource subject to
ever-increasing demands.

(2) The conservation and efficient use of urban water supplies are of
statewide concern; however, the planning for that use and the
implementation of those plans can best be accomplished at the local
level.

(3) A long-term, reliable supply of water is essential to protect the
productivity of California's businesses and economic climate.

(4) As part of its long-range planning activities, every urban water supplier
should make every effort to ensure the appropriate level of reliability in

California Urban Water Management Planning Act Page 1
July 5, 2005
its water service sufficient to meet the needs of its various categories
of customers during normal, dry, and multiple dry water years.

(5) Public health issues have been raised over a number of contaminants
that have been identified in certain local and imported water supplies.

(6) Implementing effective water management strategies, including
groundwater storage projects and recycled water projects, may require
specific water quality and salinity targets for meeting groundwater
basins water quality objectives and promoting beneficial use of
recycled water.

(7) Water quality regulations are becoming an increasingly important
factor in water agencies' selection of raw water sources, treatment
alternatives, and modifications to existing treatment facilities.

(8) Changes in drinking water quality standards may also impact the
usefulness of water supplies and may ultimately impact supply
reliability.

(9) The quality of source supplies can have a significant impact on water
management strategies and supply reliability.

(b) This part is intended to provide assistance to water agencies in carrying
out their long-term resource planning responsibilities to ensure adequate water
supplies to meet existing and future demands for water.

10610.4. The Legislature finds and declares that it is the policy of the state as follows:

(a) The management of urban water demands and efficient use of water shall
be actively pursued to protect both the people of the state and their water
resources.

(b) The management of urban water demands and efficient use of urban water
supplies shall be a guiding criterion in public decisions.

(c) Urban water suppliers shall be required to develop water management
plans to actively pursue the efficient use of available supplies.

CHAPTER 2. DEFINITIONS

10611. Unless the context otherwise requires, the definitions of this chapter govern the
construction of this part.

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10611.5. "Demand management" means those water conservation measures,
programs, and incentives that prevent the waste of water and promote the reasonable
and efficient use and reuse of available supplies.

10612. "Customer" means a purchaser of water from a water supplier who uses the
water for municipal purposes, including residential, commercial, governmental, and
industrial uses.

10613. "Efficient use" means those management measures that result in the most
effective use of water so as to prevent its waste or unreasonable use or unreasonable
method of use.

10614. "Person" means any individual, firm, association, organization, partnership,
business, trust, corporation, company, public agency, or any agency of such an entity.

10615. "Plan" means an urban water management plan prepared pursuant to this part.
A plan shall describe and evaluate sources of supply, reasonable and practical efficient
uses, reclamation and demand management activities. The components of the plan
may vary according to an individual community or area's characteristics and its
capabilities to efficiently use and conserve water. The plan shall address measures for
residential, commercial, governmental, and industrial water demand management as
set forth in Article 2 (commencing with Section 10630) of Chapter 3. In addition, a
strategy and time schedule for implementation shall be included in the plan.

10616. "Public agency" means any board, commission, county, city and county, city,
regional agency, district, or other public entity.

10616.5. "Recycled water" means the reclamation and reuse of wastewater for
beneficial use.

10617. "Urban water supplier" means a supplier, either publicly or privately owned,
providing water for municipal purposes either directly or indirectly to more than 3,000
customers or supplying more than 3,000 acre-feet of water annually. An urban water
supplier includes a supplier or contractor for water, regardless of the basis of right,
which distributes or sells for ultimate resale to customers. This part applies only to
water supplied from public water systems subject to Chapter 4 (commencing with
Section 116275) of Part 12 of Division 104 of the Health and Safety Code.

CHAPTER 3. URBAN WATER MANAGEMENT PLANS
Article 1. General Provisions

10620.
(a) Every urban water supplier shall prepare and adopt an urban water
management plan in the manner set forth in Article 3 (commencing with
Section 10640).

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(b) Every person that becomes an urban water supplier shall adopt an urban
water management plan within one year after it has become an urban water
supplier.

(c) An urban water supplier indirectly providing water shall not include planning
elements in its water management plan as provided in Article 2
(commencing with Section 10630) that would be applicable to urban water
suppliers or public agencies directly providing water, or to their customers,
without the consent of those suppliers or public agencies.

(d)
(1) An urban water supplier may satisfy the requirements of this part by
participation in areawide, regional, watershed, or basinwide urban
water management planning where those plans will reduce preparation
costs and contribute to the achievement of conservation and efficient
water use.

(2) Each urban water supplier shall coordinate the preparation of its plan
with other appropriate agencies in the area, including other water
suppliers that share a common source, water management agencies,
and relevant public agencies, to the extent practicable.

(e) The urban water supplier may prepare the plan with its own staff, by
contract, or in cooperation with other governmental agencies.

(f) An urban water supplier shall describe in the plan water management tools
and options used by that entity that will maximize resources and minimize
the need to import water from other regions.

10621.
(a) Each urban water supplier shall update its plan at least once every five
years on or before December 31, in years ending in five and zero.

(b) Every urban water supplier required to prepare a plan pursuant to this part
shall notify any city or county within which the supplier provides water
supplies that the urban water supplier will be reviewing the plan and
considering amendments or changes to the plan. The urban water supplier
may consult with, and obtain comments from, any city or county that
receives notice pursuant to this subdivision.

(c) The amendments to, or changes in, the plan shall be adopted and filed in
the manner set forth in Article 3 (commencing with Section 10640).

Article 2. Contents of Plans

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10630. It is the intention of the Legislature, in enacting this part, to permit levels of
water management planning commensurate with the numbers of customers served and
the volume of water supplied.

10631. A plan shall be adopted in accordance with this chapter and shall do all of the
following:

(a) Describe the service area of the supplier, including current and projected
population, climate, and other demographic factors affecting the supplier's
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 five-year increments to 20 years or as far as data is available.

(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). If groundwater is identified as an
existing or planned source of water available to the supplier, all of the
following information shall be included in the plan:

(1) A copy of 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.

(2) A description of any groundwater basin or basins from which the
urban water supplier pumps groundwater. For those basins for which
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 basins that have not been adjudicated, information as to whether
the department has identified the basin or basins as overdrafted or
has projected that the basin will become overdrafted if present
management conditions continue, 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 eliminate the long-term
overdraft condition.

(3) 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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(4) 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 reliability of the water supply and vulnerability to seasonal or
climatic shortage, to the extent practicable, and provide data for each of the
following:

(1) An average water year.
(2) A single dry water year.
(3) Multiple dry water years.

For any water source that may not be available at a consistent level of use,
given specific legal, environmental, water quality, or climatic factors,
describe plans to supplement or replace that source with alternative
sources or water demand management measures, to the extent
practicable.

(d) Describe the opportunities for exchanges or transfers of water on a short-
term or long-term basis.

(e)
(1) 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, identifying the uses among water use
sectors including, but not necessarily limited to, all of the following
uses:

(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.

(2) The water use projections shall be in the same five-year increments
described in subdivision (a).

California Urban Water Management Planning Act Page 6
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(f) Provide a description of the supplier's water demand management
measures. This description shall include all of the following:

(1) A description of each water demand management measure that is
currently being implemented, or scheduled for implementation,
including the steps necessary to implement any proposed measures,
including, but not limited to, all of the following:

(A) Water survey programs for single-family residential and
multifamily residential customers.

(B) Residential plumbing retrofit.

(D) Metering with commodity rates for all new connections and
retrofit of existing connections.

(E) Large landscape conservation programs and incentives.

(F) High-efficiency washing machine rebate programs.

(G) Public information programs.

(H) School education programs.

(I) Conservation programs for commercial, industrial, and
institutional accounts.

(J) Wholesale agency programs.

(K) Conservation pricing.

(L) Water conservation coordinator.

(M) Water waste prohibition.

(N) Residential ultra-low-flush toilet replacement programs.

(2) A schedule of implementation for all water demand management
measures proposed or described in the plan.

(3) A description of the methods, if any, that the supplier will use to
evaluate the effectiveness of water demand management measures
implemented or described under the plan.

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(4) An estimate, if available, of existing conservation savings on water use
within the supplier's service area, and the effect of the savings on the
supplier's ability to further reduce demand.

(g) An evaluation of each water demand management measure listed in
paragraph (1) of subdivision (f) that is not currently being implemented or
scheduled for implementation. In the course of the evaluation, first
consideration shall be given to water demand management measures, or
combination of measures, that offer lower incremental costs than expanded
or additional water supplies. This evaluation shall do all of the following:

(1) Take into account economic and noneconomic factors, including
environmental, social, health, customer impact, and technological
factors.

(2) Include a cost-benefit analysis, identifying total benefits and total
costs.

(3) Include a description of funding available to implement any planned
water supply project that would provide water at a higher unit cost.

(4) Include a description of the water supplier's legal authority to
implement the measure and efforts to work with other relevant
agencies to ensure the implementation of the measure and to share
the cost of implementation.

(h) 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, other than the
demand management programs identified pursuant to paragraph (1) of
subdivision (f), that the urban water supplier may implement to increase the
amount of the water supply available to the urban water supplier in
average, single-dry, and multiple-dry 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.

(i) Describe the opportunities for development of desalinated water,
including, but not limited to, ocean water, brackish water, and
groundwater, as a long-term supply.

(j) Urban water suppliers that are members of the California Urban
Water Conservation Council and submit annual reports to that council

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July 5, 2005
in accordance with the ``Memorandum of Understanding Regarding
Urban Water Conservation in California,'' dated September 1991, may
submit the annual reports identifying water demand management
measures currently being implemented, or scheduled for
implementation, to satisfy the requirements of subdivisions (f) and (g).

(k) Urban water suppliers that rely 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 five-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 supplier's 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 (c). 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 (c).

10631.5. The department shall take into consideration whether the urban water supplier
is implementing or scheduled for implementation, the water demand management
activities that the urban water supplier identified in its urban water management plan,
pursuant to Section 10631, in evaluating applications for grants and loans made
available pursuant to Section 79163. The urban water supplier may submit to the
department copies of its annual reports and other relevant documents to assist the
department in determining whether the urban water supplier is implementing or
scheduling the implementation of water demand management activities.

10632. The plan shall provide an urban water shortage contingency analysis which
includes each of the following elements which are within the authority of the urban water
supplier:

(a) Stages of action to be undertaken by the urban water supplier in response
to water supply shortages, including up to a 50 percent reduction in water
supply, and an outline of specific water supply conditions which are
applicable to each stage.

(b) An estimate of the minimum water supply available during each of the next
three water years based on the driest three-year historic sequence for the
agency's water supply.

(c) Actions to be undertaken by the urban water supplier to prepare for, and
implement during, a catastrophic interruption of water supplies including,
but not limited to, a regional power outage, an earthquake, or other
disaster.

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July 5, 2005
(d) Additional, mandatory prohibitions against specific water use practices
during water shortages, including, but not limited to, prohibiting the use of
potable water for street cleaning.

(e) Consumption reduction methods in the most restrictive stages. Each urban
water supplier may use any type of consumption reduction methods in its
water shortage contingency analysis that would reduce water use, are
appropriate for its area, and have the ability to achieve a water use
reduction consistent with up to a 50 percent reduction in water supply.

(f) Penalties or charges for excessive use, where applicable.

(g) An analysis of the impacts of each of the actions and conditions described
in subdivisions (a) to (f), inclusive, on the revenues and expenditures of the
urban water supplier, and proposed measures to overcome those impacts,
such as the development of reserves and rate adjustments.

(h) A draft water shortage contingency resolution or ordinance.

(i) A mechanism for determining actual reductions in water use pursuant to the
urban water shortage contingency analysis.

10633. The plan shall provide, to the extent available, information
on recycled water and its potential for use as a water source in the
service area of the urban water supplier. The preparation of the
plan shall be coordinated with local water, wastewater, groundwater,
and planning agencies that operate within the supplier's service
area, and shall include all of the following:

(a) A description of the wastewater collection and treatment
systems in the supplier's service area, including a quantification of
the amount of wastewater collected and treated and the methods of
wastewater disposal.

(b) A description of the quantity of treated wastewater that meets
recycled water standards, is being discharged, and is otherwise
available for use in a recycled water project.

(c) A description of the recycled water currently being used in
the supplier's service area, including, but not limited to, the type,
place, and quantity of use.

(d) A description and quantification of the potential uses of
recycled water, including, but not limited to, agricultural
irrigation, landscape irrigation, wildlife habitat enhancement,

California Urban Water Management Planning Act Page 10
July 5, 2005
wetlands, industrial reuse, groundwater recharge, and other
appropriate uses, and a determination with regard to the technical
and economic feasibility of serving those uses.

(e) The projected use of recycled water within the supplier's
service area at the end of 5, 10, 15, and 20 years, and a description
of the actual use of recycled water in comparison to uses previously
projected pursuant to this subdivision.

(f) A description of actions, including financial incentives,
which may be taken to encourage the use of recycled water, and the
projected results of these actions in terms of acre-feet of recycled
water used per year.

(g) A plan for optimizing the use of recycled water in the
supplier's service area, including actions to facilitate the
installation of dual distribution systems, to promote recirculating
uses, to facilitate the increased use of treated wastewater that
meets recycled water standards, and to overcome any obstacles to
achieving that increased use.

10634. The plan shall include information, to the extent practicable, relating to the
quality of existing sources of water available to the supplier over the same five-year
increments as described in subdivision (a) of Section 10631, and the manner in which
water quality affects water management strategies and supply reliability.

Article 2.5 Water Service Reliability

10635.
(a) Every urban water supplier shall include, as part of its urban water
management plan, an assessment of the reliability of its water service to its
customers during normal, dry, and multiple dry water years. This water
supply and demand assessment shall compare the total water supply
sources available to the water supplier with the total projected water use
over the next 20 years, in five-year increments, for a normal water year, a
single dry water year, and multiple dry water years. The water service
reliability assessment shall be based upon the information compiled
pursuant to Section 10631, including available data from state, regional, or
local agency population projections within the service area of the urban
water supplier.

(b) The urban water supplier shall provide that portion of its urban water
management plan prepared pursuant to this article to any city or county
within which it provides water supplies no later than 60 days after the
submission of its urban water management plan.

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(c) Nothing in this article is intended to create a right or entitlement to water
service or any specific level of water service.

(d) Nothing in this article is intended to change existing law concerning an
urban water supplier's obligation to provide water service to its existing
customers or to any potential future customers.

Article 3. Adoption and Implementation of Plans

10640. Every urban water supplier required to prepare a plan pursuant to this part shall
prepare its plan pursuant to Article 2 (commencing with Section 10630).

The supplier shall likewise periodically review the plan as required by Section 10621,
and any amendments or changes required as a result of that review shall be adopted
pursuant to this article.

10641. An urban water supplier required to prepare a plan may consult with, and obtain
comments from, any public agency or state agency or any person who has special
expertise with respect to water demand management methods and techniques.

10642. Each urban water supplier shall encourage the active involvement of diverse
social, cultural, and economic elements of the population within the service area prior to
and during the preparation of the plan. Prior to adopting a plan, the urban water
supplier shall make the plan available for public inspection and shall hold a public
hearing thereon. Prior to the hearing, notice of the time and place of hearing shall be
published within the jurisdiction of the publicly owned water supplier pursuant to Section
6066 of the Government Code. The urban water supplier shall provide notice of the
time and place of hearing to any city or county within which the supplier provides water
supplies. A privately owned water supplier shall provide an equivalent notice within its
service area. After the hearing, the plan shall be adopted as prepared or as modified
after the hearing.

10643. An urban water supplier shall implement its plan adopted pursuant to this
chapter in accordance with the schedule set forth in its plan.

10644.
(a) An urban water supplier shall submit to the department,
the California State Library, and any city or county within which the
supplier provides water supplies a copy of its plan no later than 30
days after adoption. Copies of amendments or changes to the plans
shall be submitted to the department, the California State Library,
and any city or county within which the supplier provides water
supplies within 30 days after adoption.

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July 5, 2005
(b) The department shall prepare and submit to the Legislature, on or before
December 31, in the years ending in six and one, a report summarizing the
status of the plans adopted pursuant to this part. The report prepared by the
department shall identify the outstanding elements of the individual plans.
The department shall provide a copy of the report to each urban water
supplier that has submitted its plan to the department. The department shall
also prepare reports and provide data for any legislative hearings designed
to consider the effectiveness of plans submitted pursuant to this part.

10645. Not later than 30 days after filing a copy of its plan with the department, the
urban water supplier and the department shall make the plan available for public review
during normal business hours.

CHAPTER 4. MISCELLANEOUS PROVISIONS

10650. Any actions or proceedings to attack, review, set aside, void, or annul the acts
or decisions of an urban water supplier on the grounds of noncompliance with this part
shall be commenced as follows:

(a) An action or proceeding alleging failure to adopt a plan shall be commenced
within 18 months after that adoption is required by this part.

(b) Any action or proceeding alleging that a plan, or action taken pursuant to
the plan, does not comply with this part shall be commenced within 90 days
after filing of the plan or amendment thereto pursuant to Section 10644 or
the taking of that action.

10651. In any action or proceeding to attack, review, set aside, void, or annul a plan, or
an action taken pursuant to the plan by an urban water supplier on the grounds of
noncompliance with this part, the inquiry shall extend only to whether there was a
prejudicial abuse of discretion. Abuse of discretion is established if the supplier has not
proceeded in a manner required by law or if the action by the water supplier is not
supported by substantial evidence.

10652. The California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code) does not apply to the preparation and
adoption of plans pursuant to this part or to the implementation of actions taken
pursuant to Section 10632. Nothing in this part shall be interpreted as exempting from
the California Environmental Quality Act any project that would significantly affect water
supplies for fish and wildlife, or any project for implementation of the plan, other than
projects implementing Section 10632, or any project for expanded or additional water
supplies.

10653. The adoption of a plan shall satisfy any requirements of state law, regulation, or
order, including those of the State Water Resources Control Board and the Public

California Urban Water Management Planning Act Page 13
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Utilities Commission, for the preparation of water management plans or conservation
plans; provided, that if the State Water Resources Control Board or the Public Utilities
Commission requires additional information concerning water conservation to
implement its existing authority, nothing in this part shall be deemed to limit the board or
the commission in obtaining that information. The requirements of this part shall be
satisfied by any urban water demand management plan prepared to meet federal laws
or regulations after the effective date of this part, and which substantially meets the
requirements of this part, or by any existing urban water management plan which
includes the contents of a plan required under this part.

10654. An urban water supplier may recover in its rates the costs incurred in preparing
its plan and implementing the reasonable water conservation measures included in the
plan. Any best water management practice that is included in the plan that is identified
in the "Memorandum of Understanding Regarding Urban Water Conservation in
California" is deemed to be reasonable for the purposes of this section.

10655. If any provision of this part or the application thereof to any person or
circumstances is held invalid, that invalidity shall not affect other provisions or
applications of this part which can be given effect without the invalid provision or
application thereof, and to this end the provisions of this part are severable.

10656. An urban water supplier that does not prepare, adopt, and submit its urban
water management plan to the department in accordance with this part, is ineligible to
receive funding pursuant to Division 24 (commencing with Section 78500) or Division 26
(commencing with Section 79000), or receive drought assistance from the state until the
urban water management plan is submitted pursuant to this article.

10657.
(a) The department shall take into consideration whether the urban water
supplier has submitted an updated urban water management plan that is
consistent with Section 10631, as amended by the act that adds this
section, in determining whether the urban water supplier is eligible for funds
made available pursuant to any program administered by the department.

(b) This section shall remain in effect only until January 1, 2006, and as of that
date is repealed, unless a later enacted statute, that is enacted before
January 1, 2006, deletes or extends that date.

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