| Water restrictions are not new in California. However, for the first time in 18 years, Southern Californians are facing mandatory water conservation restrictions. This results from both a surge in the state's population (9 million since the early 1990s) and a reduction in Southern California's water supplies from Northern California and the Colorado River. The Eastern Sierra snowpack is 30% below normal, and restrictive Court rulings have been enacted to protect Northern California's Sacramento-San Joaquin Delta. Also, there has been a prolonged drought along the Colorado Basin. To combat these issues, the Metropolitan Water District of Southern California ("MWD") voted to implement a Water Supply Allocation Plan and reduce supplies delivered to its member public agencies (for the first time since 1991). Effective July 1, 2009, the MWD also approved a rate increase effective September 1, 2009.
The MWD's newly approved water allocation action offers local water providers the flexibility to choose among various conservation strategies ranging from tiered pricing to limits on outdoor water use. These measures are meant to ensure that demands stay in balance with limited supplies. As the region's wholesale supplier of water imported from Northern California and the Colorado River, MWD provides water to its 26 member public agencies. It also helps supplement local supplies to meet the needs of 19 million Southern Californians in the MWD six-county service area. "There is no one-size-fits-all conservation solution. All residents of Southern California, however, do rely on the same regional water reserves," MWD Board Chairman Timothy Brick recently noted. Mr. Brick went on to say, "If we want to protect the region's water reserves, we will all need to reduce our water use and use it more efficiently."
After consecutive critically dry years in the Sierra Nevada, the state Department of Water Resources' ("DWR") most-recent snow survey of the winter season indicates snowpack water content statewide is 81% of normal. DWR officials rely on snow water content to determine the availability of supplies to be delivered from Northern California via the State Water Project. In the face of Delta environmental restrictions and the statewide drought and low reservoir levels; DWR has currently established a 20% allocation of State Water Project deliveries to MWD. From the Colorado River, MWD cannot expect additional deliveries as that watershed has yet to recover from eight years of record drought.
Therefore, MWD officials believe that the prospects of replenishing the region's water reserves in the coming years have been reduced by deteriorating environmental conditions in the Delta. This has resulted in a series of court and regulatory actions which will reduce deliveries by as much as 40%. "Since 2006, we have drawn down our reserves that are set aside for dry cycles and emergencies by more than half," MWD General Manager Jeffrey Kightlinger has said. "We must be very careful on how we manage our remaining supplies. The challenge is to achieve a careful balance that maintains supplies critical to our economy and well being and conserve our remaining resources to assure Southern California has water for the coming years," Kightlinger said.
Metropolitan's allocation plan, first approved by the board in February 2008, will limit supplies and impose penalty rates on member agencies for any water use above the target levels. According to the MWD, funds collected through penalty rates would help finance conservation programs within the boundaries of that member agency.
In its rate action, the MWD board approved an 8.8% increase in the district's base wholesale water rate plus a $69-per-acre-foot Delta surcharge. The Delta surcharge reflects Metropolitan's costs in dealing with the loss of State Water Project supplies due to the environmental collapse of the Delta according to the MWD general manager. He also noted, "The supply losses caused by that collapse have required us to purchase expensive replacement supplies, accelerate funding of alternative water supply programs and finance Delta sustainability projects, including the protection of endangered species." According to the MWD statement, "The effect of the rate adjustment and Delta surcharge on Southland consumers will depend on how much of Metropolitan's imported water is purchased by their local water agency to augment supplies, such as groundwater and recycled supplies."
All of these mandatory water restrictions and rate increases are pressuring single family home owners and community interest developments to drastically reduce water usage, whether for individual uses or landscaping. This has many associations worried about how their projects will adapt to drier cities and the effects of rate increases upon their budgets. Indeed, condominium owners could be hit with higher monthly utility surcharges or increased homeowner association fees if their entire complex does not reduce consumption by the called-for amount.
Whereas monitoring water restrictions for single-family homes and newer condo complexes will be relatively easy, the same is not true for the majority of multi-family complexes. For single family homes and newer condos with individual meters, cities typically read a home's water meter every two months and the owner of the home is responsible for his own use - each homeowner pays for only the water they use, providing the homeowner with an incentive to save water as they directly see the results of their efforts through reduced water bills. Not so in the majority of multi-family complexes, where a single meter's data accounts for all the units. In such situations, water bills are typically paid by the homeowners association or its property manager and incorporated in the association dues.
To deal with the cost of water, the homeowners association has to either pay those penalties or pass them on to residents. Without individual meters, there is no accountability for individual water use. Thus, it is impossible to separate water hogs from conservation-minded residents. As a result, every resident in a complex with only one meter, whether deserving or not, faces financial penalties if the complex as a whole exceeds its water allocation.
The ideal solution is to install meters on every individual condominium and bill each resident for what they use. But that's a difficult proposition. Some older complexes have complicated internal plumbing and some have units that share hot water heaters, making it hard to determine how much water each is using. And, the cost of installing individual meters would be borne by the homeowners, not the cities in which they live.
Use Restrictions
Climate models from the National Weather service and regional water resource planning scenarios indicate that Southern California may continue to experience water shortages over the next few years. As a result, local water districts such as Los Angeles' Department of Water and Power, the Santa Fe Irrigation District (SFID), and the Carlsbad Municipal Water District, have enacted Level 2 Drought Alerts. "Statewide and regional water storage levels are still low and current regulatory restrictions, coupled with continued dry weather, offer little prospect that reserves will be increasing in the near future," said Michael Bardin, general manager of SFID. Bardin added. "Current restrictions enable the District to control water use, provide essential water supplies, and plan and implement water management measures in a fair and orderly manner for the benefit of the public." Under Level 2 Conditions, mandatory water conservation measures include:
• No washing down of paved surfaces, except when it is
necessary to alleviate safety or sanitation hazards.
• Use positive shut-off nozzles on hoses or use buckets when
hand-watering plants.
• Limit lawn watering and landscape irrigation, using sprinklers,
to no more than ten (10) minutes per watering station per
assigned day from 6 p.m. to 8 a.m. Irrigation systems using
weather-based controllers, drip/micro-irrigation and stream
rotor systems are exempt from the 10-minute-per-station
restriction.
• Limit residential and commercial landscape irrigation during the
months of June through October to no more than three days a
week. Addresses ending with even numbers are allowed to
irrigate Saturday, Monday and Wednesday. Addresses ending with
odd numbers are allowed to irrigate Sunday, Tuesday, and
Thursday. Apartments, condominiums, and business are allowed
to irrigate Monday, Wednesday and Friday.
• Limit residential and commercial landscape irrigation during the
months of November through May to once a week. Addresses
ending with even numbers are allowed to irrigate on Tuesday.
Addresses ending with odd numbers are allowed to irrigate on
Thursday. Apartments, condominiums, and businesses are
allowed to water on Wednesday.
• Hand-watering using positive shut-off nozzles on hoses or using
buckets only on the irrigation schedule established for automatic
irrigation systems.
• Limit irrigation of nursery and commercial growers' products
from 6 p.m. to 10 a.m. only. Watering is permitted at any time
with a hand-held hose equipped with a positive shut-off nozzle,
a bucket, or when a drip/microirrigation system/equipment
is used. Irrigation of nursery propagation beds is permitted at
any time. Watering of livestock is permitted at any time.
• Stop water waste resulting from inefficient landscape irrigation,
such as runoff, low head drainage, or overspray.
• Repair all leaks within 72 hours of notification
• Stop operating ornamental fountains or similar decorative water
features unless recycled water is used.
• Use recycled or non-potable water for construction purposes
when available.
The penalties for violation of mandatory water conservation measures range from notification by letter for a first violation to an administrative fine of $500 for a fourth violation in a one-year period. Moreover, if your association's CC&Rs has provisions related to the maintenance of landscaping that conflict with the mandatory Level 2 Conditions, don't worry. State law provides that CC&Rs cannot be enforced if they are unreasonable or contrary to statute. (See, 14859 Moorpark Homeowner's Assn. v. VRT Corp. (1998) 63 Cal.App.4th 1396, 1406-1407; Thaler v. Household Finance Corp. (2000) 80 Cal.App.4th 1093, 1102 [it is well-settled that in the event of a conflict between CC&Rs and the Davis-Stirling Act, the Act prevails as a matter of law].)
Impact of Water Restrictions
What will be the impact of the newly enacted water restrictions on community interest developments? With most associations already spending approximately 15% of their annual budgets on water and sewer related costs, Level 2 Drought Conditions will mean greater use restrictions and greater costs for excessive water use unless water usage is cut by 20%. Here are some ways to help reduce water consumption:
For Common Area Landscaping
• Set automated systems to water at 80% of the required
level - this will cause a browning of grass but still deliver
enough water to ensure survival. Better yet, reduce water
consumption further by planting drought-tolerant landscaping.
Formally pruned, poorly performing podocarpus (Podocarpus
macrophyllus), ficus ficus benjamina), ixora (Ixora casei) and
hibiscus can be replaced by firebush (hamelia patens), golden
dewdrop (duranta repens), croton (codiaeum variegatum),
fakahatchee grass (tripsacum dactyloides), purple muhly grass
(muhlenbergia capillaris) and thyrallis (galphimia glauca).
Bougainvillea can replace expanses of turfgrass.
• Completely turning off irrigation during the rainy season.
• Experiment with gravel perimeters around sloped turf to
reduce run-off.
• Purchase pool and spa covers to decrease evaporation when
not in use. An average sized pool loses about 1,000 gallons
per day - a pool cover can cut such losses by 90%.
For Individual Usage
• Check for indoor water leaks and get them fixed immediately
• Use your dishwasher instead of hand washing dishes and only
run the dishwasher when its full (up to 4 gallons per load)
• Turn off water when brushing your teeth (2 gallons per minute)
• Take shorter showers or install low flow showerheads.
Typically, a four-minute shower uses approximately 20 to
40 gallons of water.
• Don't use the toilet as a trash can (1.6 gallons per flush)
• Use your clothes washer for only full loads. (up to 50 gallons
per load)
• Fix leaky toilets (up to 50 gallons per toilet per day)
• Fix leaky faucets (up to 20 gallons per faucet per day).
• Replace toilets with ultra low flush models or retrofit with
low flow flappers; retrofit faucets with aerators or
consider alternative faucet types such as self-closing
or automatic sensor controlled faucets.
• Sweep patios with a broom rather than washing off with water
• Minimize your use of your garbage disposal
• To cut down on water waste, put an inch or two of sand or
pebbles inside each of two plastic bottles to weigh them
down. Fill the bottles with water, screw the lids on, and
put them in your toilet tank, safely away from the operating
mechanisms. Or, buy an inexpensive tank bank or float booster.
This may save ten or more gallons of water per day. Be sure
at least 3 gallons of water remain in the tank so it will
flush properly.
• When washing dishes by hand, don't leave the water running
for rinsing. If your have a double-basin, fill one with soapy
water and one with rinse water. If you have a single- basin
sink, gather washed dishes in a dish rack and rinse them with
a spray device or a panful of hot water.
• Purchase an instant water heater for your kitchen sink or a
water recirculation system for your whole condo. Both of these
items dramatically reduce the wait time for hot water and cut
water consumption.
• Consider replacing your appliances with more water efficient
models. Efficient washing machines can save up to 20 gallons
per load and energy costs. Rebates are being made available by
manufacturers and water districts and include up to $185 for a
energy efficient washing machine and up to $200 for a high
efficienty toilet.
• Sub-metering. As stated above, many older multi-family
communities have one master water meter for all residents
and all water and sewer costs are divided equally among the
residents and included in the monthly homeowners dues. This
system worked well when water/sewer rates were a fraction
of what they are today and possible future water shortages
was not a concerning issue. Sub-metering is a term used for
installing individual meters behind the city master meter.
Sub-metering offers equitable distribution of cost and
peace of mind to residents allowing them to pay for only
the water they use and not their neighbor's laundry, car
wash, toilets, faucets leaks or excessive water use.
Each resident pays their water/sewer bill just as they
pay other utilities such as gas, electric and cable TV.
Coming Legislation
With a large percentage of the State suffering from drought and with brush fires raging all around, water is clearly one of the hot-button topics now circulating in Sacramento. Everything from usage limits and rates to home plumbing to water meters is being discussed by our Legislators. Here are several items of particular interest to community interest developments that are currently in Committee.
SB1328: This bill would authorize homeowners association Boards of Directors to enter into multi-year water and energy contracts.
AB49: This bill would state the intent of the Legislature to enact legislation to establish a 20% water efficiency requirement for the year 2020 for agricultural and urban water users.
AB300: This bill would regulate water supplies to subdivisions of 50 or more units. The bill is long, convoluted and controversial.
AB1061: This bill would render void and unenforceable any provision in the governing documents of a homeowners association that has the effect of prohibiting low water-using plants or prohibits or restricts compliance with local conservation ordinances. It also would allow homeowners associations to enforce landscaping rules and regulations.
Links to Resources Related to Water Restrictions
Here are a few helpful links to websites offering facts and information relative to water consumption, use restrictions and conservation:
DWP Shortage Year Rates Fact Sheet:
http://www.ladwp.com/ladwp/cms/ladwp011946.pdf
DWP Sprinkler Use Ordinance:
http://www.ladwp.com/ladwp/cms/ladwp011971.pdf
DWP Prohibited Water Uses:
http://www.ladwp.com/ladwp/cms/ladwp009868.pdf
Ventura County Resource Conservation District:
http://www.vcrcd.org/Programs.cfm
Santa Barbara County Public Works Dept. - Water Resources Division:
http://www.countyofsb.org/pwd/pwwater.aspx?id=3574
Santa Barbara County Water Providers - Conservation Information:
http://www.sbwater.org/
San Luis Obispo County Water Resources Information:
http://www.slocounty.ca.gov/PW/WaterResources.htm
Municipal Water District of Orange County's Landscape Performance Certification Program:
Provides homeowners associations with FREE water management tools to help as association:
• Easily track irrigation water use
• Determine if your sites are being properly managed
• Reduce water bills
• Improve the health, appearance, and value of your sites' landscapes
• Protect the environment by decreasing urban runoff
• Maintain compliance with NPDES requirements
http://www.waterprograms.com/wb/32_HOA/HOA_01.htm
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