ACWA News June 19, 2015

ACWANews

ACWA’s Member Newsletter • www.acwa.com

Groups Ask Court to Depublish Capistrano Case ACWA and two statewide associations have filed a formal request with the California Supreme Court asking it to depublish a lower court’s ruling that found the City of San Juan Capistrano’s tiered water pricing violated Proposition 218.

Cranes drop the final loads of rock onto a new emergency drought barrier in the Sacramento-San Joaquin Delta at West False River on May 29. The California Department of Water Resources spearheaded construction of the barrier — now finished — which is designed to keep salt water out of the Delta and preserve water in upstream reservoirs. A salinity barrier had not been constructed in the Delta since the drought of 1976-’77. Photo credit: California Department of Water Resources

Legislature Sends Budget to Governor; ACWA-Opposed Trailer Bills Pending One day after the state Senate and Assembly sent a $117.5 billion budget to Gov. Jerry Brown, legislative leaders and the governor announced agreement June 16 on a smaller spending plan that more closely resembles the governor’s May Revise budget proposal.

The fate of two trailer bill proposals strongly opposed by ACWA, however, remained uncertain as ACWA News went to press. The proposals include language that would authorize the State Water Resources Control Board to mandate consolidations of public water systems, and language that would restructure the state’s drinking water program fees.

At press time, the consolidation language was expected to be included in a trailer

bill focused on several drought-related proposals. The drinking water fees language was expected to be included in an omnibus resources trailer bill.

ACWA previously activated its members to convey their opposition to their local Senate and Assembly members, and their letters and calls appeared to be having an effect. ACWA continued to mobilize opposition at press time.

The budget and related legislation must be signed by June 30 before the July 1 start of the next fiscal year.

Consolidation Language Draws Fierce Opposition An ACWA-led coalition of statewide Budget Continued on page 16

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Column: All Hands on Deck this Summer

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State Water Board Announces Curtailments for Senior Right Holders

ACWA, the League of California Cities and the California State Association of Counties delivered the letter June 15.

On June 5, California Attorney General Kamala Harris sent a letter making the same request on behalf of the State Water Resources Control Board.

The letters contend that the Fourth District Court of Appeal ruling that struck down San Juan Capistrano’s tiered rate structure was too broad in some areas and too narrow in others, and could create confusion, ultimately thwarting water conservation efforts during a time of drought.

The associations’ letter contends that the ruling “fundamentally misconstrues the nature and scope of the service provided by public water providers.” It also states that “it fails to appropriately consider the judgment of local public agencies in making the Capistrano Continued on page 8

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ACWA Presents Recommendations for Water JuneStorage 19, 2015 • 1 Investments

ACWA News is a publication of the Association of California Water Agencies Periodicals postage paid at Sacramento, CA. POSTMASTER: send address changes and subscription requests to ACWA News, 910 K Street, Suite 100 Sacramento, CA 95814-3514 Phone: 916.441.4545 Website: acwa.com Executive Director Timothy Quinn Deputy Executive Director for External Affairs and Operations Jennifer Persike Director of Communications Lisa Lien-Mager Communications Specialist Pamela Martineau Communications Specialist Emily Allshouse Graphic Designer Katherine Causland Outreach and Social Media Specialist Marie Meade Copyright 2015. All Rights Reserved. Call ACWA for Permission to Reprint.

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Special Message • ACWA President John Coleman & ACWA Vice President Kathy Tiegs

All Hands on Deck this Summer There is nothing like an epic drought to get Californians talking about water.

Wherever you go these days, people are discussing the latest news on water restrictions and sharing advice for reducing use over the long, hot summer.

The conversation is vital because it will take massive awareness and the cooperation of every Californian to achieve state-mandated reductions in water use ranging from 8% to 36% in urban areas throughout the state.

There is no time to waste. While many local agencies are well on their way, others have a heavy lift ahead, especially in hotter inland areas where summer water use is higher. The next three months will be critical for these areas to hit their targets or face potential fines.

Since the governor issued his executive order in April, ACWA members have moved to enact outdoor water use restrictions, beef up outreach and education and provide incentives such as turf rebates.

They are rolling out software and tools to help consumers manage their water use, and they continue to partner with businesses to get conservation reminders in restaurants, hotels and other places.

Since the last major drought ended in the early 1990s, ACWA member agencies have invested close to $20 billion to augment and diversify their supply portfolios by expanding water recycling and conservation, building local and regional water storage projects, cleaning up contaminated groundwater and more. As a result, we are better prepared for drought now than at any

other time in our history.

For evidence, consider that we are in the fourth year of a historic drought and our economy is still going strong.

The agricultural sector has taken the brunt of the impact — with severe cuts in water deliveries for the last two years — but has responded by prioritizing high-value crops and continues to show resiliency in an extremely difficult water supply year.

ACWA is focused on providing maximum assistance to our members as they work to meet their conservation targets. We co-sponsored a series of webinars in late May (see story, page 18), and will soon distribute a toolkit with a drought response action checklist, suggested message points on topics such as water rate increases, fact sheets and other resources.

In addition, Save Our Water is providing extensive tools and resources to support ACWA members in their outreach and education efforts. (See story, page 13, and visit saveourwater.com.)

Yes, we are in an epic drought. But we have weathered many droughts over the decades. ACWA member agencies will provide the careful management of supplies their customers expect and deserve. And Californians in turn will rise to the occasion and reduce their water use.

Drought Response Toolkit Coming Soon ACWA has prepared a Drought Response Toolkit to assist member agencies as they take action at the local level and communicate information about water use restrictions, enforcement and other issues with their customers, media and other audiences.

The toolkit features a drought response

action checklist, suggested message points on issues such as water rate increases, drought and water system facts, myths vs. facts about California’s drought, and a comprehensive resource list.

The toolkit will be distributed soon and will be available at www.acwa.com/ droughtresponsetoolkit.

State Water Board Announces Curtailments for Senior Right Holders Citing insufficient flows to meet all demands, the State Water Resources Control Board issued curtailment notices June 12 to senior water right holders in the Sacramento-San Joaquin River watersheds and the Delta.

The notices direct water right holders with a priority date of 1903 or later to stop diversions of water until further notice to protect more senior water rights.

Water that was previously diverted and stored can be held in storage or released for beneficial use, according to the State Water Board’s announcement.

The curtailment notices affect 276 pre1914 appropriative water rights held by 114 right holders. Riparian right holders and senior water right holders with priority dates earlier than 1903 are not affected, although State Water Board officials indicated that additional curtailments could be issued in the coming weeks.

In a media call announcing the action, State Water Board Chief Deputy Director Caren Trgovcich said the curtailments are based on a supplyand-demand analysis and the priority system of California water rights.

“Today’s action is based on demand information reported to us, estimates of natural flows and actual stream flows,” Trgovcich said. “We have determined there is not enough supply available to meet demands. We are continuously

monitoring the hydrology in these and other watersheds, and it could be necessary to issue additional curtailments for other watersheds and more senior water right holders.”

The State Water Board notified all water right holders in January that rights could be curtailed this year due to the drought. Water right holders were advised to develop contingency plans and make arrangements for alternative supplies if needed.

The June 12 curtailments are the latest in a series of actions affecting water right holders. The State Water Board began issuing curtailment notices in April and May to junior water right holders in several watersheds. About 9,100 post-1914 water right holders already have been curtailed.

Tom Howard, executive director of the State Water Board, said the net impact of the latest curtailments is hard to estimate since many of the affected water right holders have access to water previously stored or alternate supplies such as groundwater. Some irrigation districts affected by the curtailment have other, more senior water rights they can continue to use.

“It will be a different story for each of the water right holders,” Howard said.

While this is the first time senior water right holders have been curtailed in the current drought, Howard noted that

Photo credit: DWR/ Kelly M. Grow

such curtailments are not unprecedented. Some senior water right holders and even riparian water right holders were curtailed in 1977, though that was limited to a smaller geographic area.

Howard also noted that this year’s curtailments are “still in progress.”

“We will issue notices every one or two weeks during the summer,” he said.

There will likely be another round of curtailments on June 19 or June 26, he said.

Trgovcich noted that rain in early June delayed the curtailments by a couple of days.

The pre-1914 curtailment notice and related information can be viewed at: www.waterboards.ca.gov/ waterrights/water_issues/programs/ drought/water_availability.shtml.

Updated Water Conservation Tiers Released by State Water Board The State Water Resources Control Board on June 5 released an updated list of the Urban Water Supplier Conservation Tiers that reflects water agencies’ changes to their calculation of residential gallons per capita per day (R-GPCD).

The updated version of the Urban Water Supplier Conservation Tiers is

available on the State Water Board’s water conservation portal at www. waterboards.ca.gov.

To access the document, click on the first link titled Updated Urban Water Supplier Conservation Tiers (Excel) (6/5/15) under the Supporting Documents section.

The regulations, adopted by the State Water Board May 5, are intended to help the state achieve an overall water use reduction of 25% as mandated by Gov. Jerry Brown’s April 1 emergency executive order.

June 19, 2015 • 3

ACWA Presents Recommendations for Water Storage Investments Citing an evolution in approaches to California water storage, ACWA Executive Director Timothy Quinn on May 20 presented the California Water Commission with recommendations for investing in water storage projects to meet the state’s “21st Century” water needs. The recommendations are intended to help inform and guide the commission as it develops its process for allocating $2.7 billion in funding for water storage projects under Proposition 1.

“Virtually every generation of water managers has relied on storage and that’s not going to change,” said Quinn as he began his presentation. “Now, storage has taken another evolutionary step.”

Presenting what he called “common sense” recommendations, Quinn highlighted the need for integration – both in terms of project-toproject integration and system-wide integration. He recommended that new storage projects approved by the CWC ensure an “all-of-the-above” approach.

“You’ve got to invest in both and make them work together,” Quinn said of

the integration of future surface and groundwater storage projects.

Quinn strongly recommended that the CWC develop a statewide vision that would inform future funding decisions and ensure that approved projects improve the operation of the state’s water system.

Other recommendations included: •

Recognizing storage needs and opportunities are diverse and widespread.

•

Leveraging dollars and cost shares to recognize a broad range of storage needs and associated benefits.

•

Developing funding criteria that reflect the merits of the so-called CALFED projects and provide substantial funding support to move them toward completion.

•

Providing funding support for other statewide and local projects such as upper watershed projects and downstream groundwater projects.

•

Preserving the CWC’s authority over funding allocation decisions.

During the meeting, commission members expressed interest in involving the CWC stakeholder advisory group to begin to develop the commission’s vision for future water storage investments and also to further define “integration.”

ACWA’s recommendations were developed by an ACWA Board-appointed task force with representatives from every region of the state and are in a newly released document, “21st Century Water Storage: Recommendations for California’s Future.” .

July 8 Workshop Set on Conservation Pricing, Rate Structures The State Water Resources Control Board announced it will hold a workshop in Sacramento July 8 to solicit public input regarding the efficacy of conservation water pricing and implementing conservation pricing consistent with Proposition 218 and the recent San Juan Capistrano case.

The workshop is an effort to promote water conservation pricing as outlined in Gov. Jerry Brown’s April 1 emergency drought executive order. The workshop will be held July 8 at 9 a.m. in the Coastal Hearing Room, CalEPA Headquarters Building, 1001 I Street, Sacramento.

The State Water Board encourages stakeholders to submit their written comments on the issue by noon, 4 • ACWANEWS

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July 1 to Jeanine Townsend, Clerk to the Board, at: commentletters@ waterboards.ca.gov. Please indicate in the subject line: “Comment Letter: Conservation Pricing.”

The State Water Board is interested in hearing from state agencies, water suppliers, and other stakeholders on the financial, technical, political, and legal challenges associated with charging rates, surcharges, and other fees.

The State Water Board is specifically interested in receiving input on the following questions: 1. What actions should the State Water Board take to support the development of conservation pricing by water suppliers that have not yet developed

conservation rate structures and pricing mechanisms?

2. What actions should the State Water Board take to support water suppliers that have already developed conservation rate structures and pricing mechanisms to improve their effectiveness?

3. What actions can the State Water Board take to assist water suppliers in demonstrating that existing rate structures harmonize competing legal authorities associated with water rates?

The State Water Board is generally interested in receiving information on the efficacy of conservation pricing and proposals for how conservation price signals can be improved consistent with Proposition 218.

U.S. EPA Releases Final Rule on Clean Water Act Jurisdiction The U.S. Environmental Protection Agency and the Army Corps of Engineers released the final rule on Clean Water Act jurisdiction on May 27.

The new rule will increase the number of rivers and streams protected by the Clean Water Act. “With states like California in the midst of historic droughts, it’s more important than ever that we protect the clean water that we have,” EPA Administrator Gina McCarthy said during a press conference on the rule.

She also noted that wetlands can buffer flooding during extreme storms and retain moisture during droughts.

Assistant Secretary of the Army for Civil Work Jo-Ellen Darcy said during the press conference that the rule “responds to the public’s demand for greater clarity, consistency, and predictability when making jurisdictional determinations.”

“The result will be better public service nationwide,” Darcy added.

ACWA was concerned the proposed rule would adversely impact water agency operations. The final rule addresses some of the issues raised in ACWA’s comment letter submitted

last November. Specifically, ACWA requested that water infrastructure, such as recycled water facilities, groundwater recharge basins, stormwater retention basins, and constructed wetlands, adjacent to “waters of the United States” be excluded from jurisdiction. Without this change, the proposed revision of the existing jurisdictional category of “adjacent wetlands” to “adjacent waters” would result in ACWA member agency facilities falling under Clean Water Act jurisdiction.

The final rule excludes “wastewater recycling structures constructed in dry land; detention and retention basins built for wastewater recycling; groundwater recharge basins; percolation ponds built for wastewater recycling; and water distributary structures built for wastewater recycling.” Additionally, “stormwater control features constructed to convey, treat, or store stormwater that are created in dry land” are excluded. This language should be helpful to ACWA members. However, the definition of “dry land” still needs to be clarified during implementation of the rule. In recent stakeholder meetings,

EPA officials indicated “dry land” can be located in a flood plain and is just primarily wet during rain storms.

ACWA also expressed concern that the proposed definition of tributary was so broad that water conveyance systems including aqueducts, canals, and ditches would become tributaries. The final rule briefly mentions this concern, stating “the agencies have consistently regulated aqueducts and canals as ‘waters of the United States’ where they serve as tributaries, removing water from one part of the tributary network and moving it to another.” This statement could open the door to future regulation of California’s water delivery system.

The new rule will go into effect 60 days after it is published in the Federal Register unless Congress acts to prevent it. ACWA will remain engaged in this issue. resource Final Rule and Supplemental Info: www2.epa.gov/cleanwaterrule ACWA’s Comment Letter: www.acwa. com/content/acwa-comment-letter-epaarmy-corps-proposal-expand-cleanwater-act-jurisdiction

ACWA Submits Statement on Drought to U.S. Senate Committee ACWA Executive Director Timothy Quinn submitted a seven-page statement for the record to the Senate Energy and Natural Resources Committee June 2 that provided an update on drought conditions throughout the Western states and actions being taken to address them in California. He also offered recommendations on actions the federal government could take in promoting an integrated and comprehensive solution to water problems.

“Addressing West-wide drought conditions is a major imperative for the federal government,” Quinn wrote in the statement.

Quinn detailed California’s drought crisis and outlined the unprecedented ac-

tions taken in response to the drought in California. Quinn also called for swift federal action on the drought.

“The current drought facing California and the Western States is a major national emergency that requires swift and immediate attention, such as passage of a Western Drought Relief Act,” wrote Quinn.

Among the federal actions Quinn suggested be taken are: regulatory decisions that seek to accommodate increased water transfer activities, more robust funding for water conservation and recycling, and enhanced governmental information sharing and coordination of activities. For longer term federal actions, Quinn called for

“regulatory reform” and “streamlining” that would allow for additional water storage and better headwaters and forest management. resource www.acwa.com/content/acwa-executivedirector-timothy-quinns-june-2statement-record

June 19, 2015 • 5

ACWA Seeks Candidates for Next President and Vice President The ACWA Nominating Committee is seeking nominations for qualified candidates to serve as ACWA president and vice president for the 2016-’17 elected term.

To be eligible for election, candidates must be elected or appointed directors of ACWA member agencies, according to ACWA Board of Directors policy.

Nominations must be accompanied by an official nominating resolution from the ACWA member agency on whose board the nominee serves. A resume highlighting the proposed candidate’s background and qualifications also must be submitted for the Nominating Committee’s review.

Additional letters or resolutions of support from other agencies may be submitted, but they are not required.

Nominations must be received in the ACWA office by Tuesday, Sept. 1 to be considered by the Nominating Committee. Nominees will be notified regarding individual interviews

in September. The Nominating Committee’s recommended slate will be announced at the Sept. 25 ACWA Board of Directors meeting.

Elections are scheduled for Dec. 2 during the ACWA 2015 Fall Conference & Exhibition at the Renaissance Esmeralda & Hyatt Grand Champions hotels in Indian Wells.

Nominating Committee members are Judith Mirbegian, Region 1; Eric Larabee, Region 2; Joe Parker, Region 3; Shauna Lorance, Region 4; Lesa McIntosh, Region 5; Matthew Hurley, Region 6; William Taube, Region 7; Stephen Cole, Region 8; Harvey Ryan, Region 9; Linda Ackerman, Region 10; Randy Record, at-large representative; and Paul Kelley, at-large representative.

The committee was appointed by ACWA President John Coleman during the 2015 Spring Conference & Exhibition in Sacramento.

coming years,” said Nominating Committee Chair Paul Kelley. “The Association of California Water Agencies is at the forefront of working through those challenges and needs capable individuals to provide leadership at this key time. The Nominating Committee encourages qualified individuals to seriously consider becoming a candidate for these key positions.”

To nominate a candidate, send a copy of the agency resolution and the candidate’s background by Sept. 1 to: Paul Kelley, Nominating Committee Chair c/o Donna Pangborn, ACWA 910 K Street, Suite 100 Sacramento, CA 95814 Nominations and questions also may be emailed to ACWA Clerk of the Board Donna Pangborn at donnap@ acwa.com.

“California water agencies are facing many challenges now and in the

ACWA Regions Call for Candidates Now Open for 2016-’17 Term The call for candidates wishing to serve on ACWA region boards for the 2016’17 term is open until June 30.

election information and materials are available at www.acwa.com/content/ region-elections.

Interested candidates must submit a nomination form and a signed resolution of support from their agency’s board of directors to ACWA no later than the June 30 deadline. Region

For more information contact ACWA Regional Affairs Representatives Katie Dahl at katied@acwa.com and Brandon Ida at brandoni@acwa.com.

ACWA Region

Elections

Governor Visits MWD Board of Directors Gov. Jerry Brown addresses the Metropolitan Water District of Southern California’s Board of Directors at its meeting June 9 and thanks district leaders for their efforts in stepping up public education around water conservation and increasing funds for turf replacement and other conservation programs. The governor cited the $500 million MWD and its member agencies have allocated for conservation, including MWD’s $450 million two-year conservation budget. Brown said MWD’s conservation budget is an “investment in our future.” Photo Courtesy of Metropolitan Water District of Southern California.

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Statewide Urban Water Conservation Levels Improve in April Californians in urban areas statewide conserved 13.5% in April over the same month in 2013 and slightly cooler, wetter weather in some regions may have helped push conservation levels into the double digits, officials with the State Water Resources Control Board reported June 2.

April’s statewide reduction in water use reveals a boost in savings over March’s 3.9% reduction. In April, every region showed improvement. Cumulatively, since conservation reporting began in 2014, urban Californians have conserved 9% over 2013 levels.

Overall conservation decreased in April, but the statewide average residential gallons per-capita per day (R-GPCD) increased slightly from 83 R-GPCD in March to 91 R-GPCD during April.

Cumulatively, from June 2014 to April 2015, the state has conserved more than 175 billion gallons (539,000

acre-feet), or enough to provide 2.35 million Californians with water for one year, according to the State Water Board.

The June 2 meeting also included the first report on enforcement data as required by the State Water Board’s new regulations. April enforcement data indicated that 22,173 formal water waste warnings were issued and 838 penalties were assessed statewide.

April’s enforcement data also revealed that 25% of suppliers had not yet restricted the number of allowable irrigation days per week. Staff noted this likely was the result of timing issues regarding the requirement and not a disregard for the new mandate.

However, staff said that in the future, should a water agency fail to meet its conservation target, the State Water Board would likely look first at whether the agency was limiting outdoor

irrigation to two days or fewer.

ACWA Special Projects Manager Dave Bolland provided comments during the meeting, expressing interest in continued collaboration with the State Water Board and in particular with the work group.

During his comments, Bolland also encouraged water agencies to review materials from webinars held in late May by ACWA in partnership with the Brown Administration on the State Water Board’s mandatory urban water use reductions. Archived recordings of the webinars and other resources are available at www.acwa.com/2015Drought-Regs-Webinars. resource www.waterboards.ca.gov/water_issues/ programs/conservation_portal/ emergency_regulation.shtml

ACWA Launches New Web Portal on Local Drought Response As local water agencies take action to respond to a fourth year of historic drought, ACWA has launched a new interactive web portal to showcase the plethora of local agency drought response activities by ACWA members statewide. The portal is linked to ACWA’s Drought Spotlight page and can be accessed directly at droughtresponse.acwa.com.

The portal is designed to display agency cards that include the agency’s logo, a local photo, a short text summary and icons indicating drought response actions in five categories. The categories are: restrictions and enforcements, outreach and education, rebates and incentives, new consumer tools and devices, and system/operational efficiencies. Each card also expands to show a list of actions under each category. While participating agencies must select general actions from a pre-populated list, there is some

customization available.

The interactive card design allows users to sort agency cards by program category or by general regions. Users also can share cards on their Facebook, Twitter and Google+ accounts.

ACWA member agencies that would like to participate in the interactive portal should complete a short survey at: outreach.acwa.com/ site/Survey?ACTION_ REQUIRED=URI_ ACTION_USER_ REQUESTS&SURVEY_ ID=2780.

Questions about completing the survey or the web portal may be directed to

ACWA Communications Specialist Emily Allshouse at (916) 441-4545 or emilya@acwa.com.

June 19, 2015 • 7

U.S. EPA Announces $1.6 Billion to Upgrade Sacramento Regional Wastewater Treatment Plant to Remove Ammonia From Discharges The U.S. Environmental Protection Agency on May 28 announced a record $1.6 billion infusion of funds to help upgrade the Sacramento Regional Wastewater Treatment Plant so it can better remove ammonia from wastewater discharges into the Sacramento River and Bay Delta.

The allocation of Clean Water Act State Revolving Funds loans — touted as the largest single block of financing ever issued by the EPA — was announced

by EPA Regional Administrator Jared Blumenfeld at a groundbreaking event at the existing treatment plant in Elk Grove. The wastewater treatment plant is part of the Sacramento Regional County Sanitation District.

According to EPA officials, the project — dubbed EchoWater — will bring the wastewater plant to advanced treatment levels that will allow the removal of nearly 95% of ammonia from waste-

water discharges, thus protecting the Sacramento River and San Francisco Bay Sacramento-San Joaquin Delta Estuary.

“California’s economic security depends on a healthy Bay Delta, the largest and most important estuary on the West Coast,” said Blumenfeld in a prepared statement. “EPA’s Clean Water Act State Revolving Funds are a key investment in clean water infrastructure to protect this precious resource.”

Construction of the Sacramento Regional Wastewater Treatment Plant upgrade is expected to cost $2 billion and require more than eight years to complete. When finished, the wastewater discharges from the treatment plant are expected to meet new state water quality requirements to reduce discharges of ammonia, nitrates and other pollutants. The existing wastewater plant, which serves approximately

1.4 million people, is one of the largest sources of ammonia and nitrate pollution to the Bay Delta.

EPA officials stated in a press release that the $1.6 billion in low interest loans for the EchoWater Project will save ratepayers at least a half billion dollars during the life of the loan compared to traditional bond funding. Since 1989, EPA has invested $2.8 billion in the California Clean Water State Revolving Fund to help communities address critical infrastructure needs like wastewater treatment. The revolving funds are reinvested to provide a constant source of money to meet the state’s clean water infrastructure needs. resource www.EchoWaterProject.com water.epa.gov/grants_funding/cwsrf

Capistrano Continued from page 1

determinations necessary to assure that fees imposed as an incident of property ownership do not exceed ‘the proportional cost of the service attributable to the parcel[s].’”

“At its core, the Opinion fails to comprehend that under common law and constitutional law, and using common sense, when it comes to providing a resource such as water, ‘the service’ that must be ‘attributed’ to the parcels so that the cost of the service may be appropriately apportioned includes water management responsibilities — not, as the Opinion suggests, merely the cost of acquiring and delivering water,” the associations’ letter states.

Harris’ letter expressed concerns about the court ruling’s impacts on water conservation.

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that unnecessary and overbroad language in the opinion may lead to misuse of the opinion in future litigation and could have an immediate chilling effect on urgently needed water conservation efforts,” Harris wrote in the letter.

According to Harris’ letter, the Fourth District Court of Appeal, Division Three opinion in Capistrano Taxpayers Association, Inc. v. City of San Juan Capistrano involved a water pricing structure adopted by the City of San Juan Capistrano. In the ruling, the court held that: 1) Proposition 218 allowed the city to pass on to its customers the capital costs of building a water recycling plant; and 2) the city’s tiered-rate pricing structure violated Proposition 218, because the city acknowledged that none of the individual tiered rates was designed to reflect the actual cost of providing water at the corresponding level of usage. These core holdings,

which relied on published appellate opinions, were sufficient to support the court’s decision.

“That should have been the end of the opinion,” wrote Harris.

Harris’ letter went on to state that the Court of Appeal did not confine its analysis to the case before it, but instead suggested that the state Constitution prohibits any rate structure that imposes a penalty rate for excessive water use above a reasonable limit, even when the excessive level of use is prohibited by law, and even if the base rate for reasonable water use corresponds to the actual cost of service.

“Moreover, the court’s dicta… could create uncertainty about the legitimacy of regulatory measures to limit inefficient water use at a time when California cannot afford to waste water,” the letter stated.

State Water Board Approves Voluntary Cutback Program for Delta The State Water Resources Control Board on May 22 approved a program that allows riparian water right holders in the Delta to voluntarily cut back water use by 25% in exchange for assurances they will not face deeper curtailments during the JuneSeptember growing season.

Eligible riparian water rights holders wishing to enter the program had until June 1 to submit a specific plan to the State Water Board that outlines how they would achieve the program’s conservation requirements. Delta Water Master Michael George told reporters during a conference call May 22 that of the roughly 1,500-2,000 diverters in the Delta, about half are eligible to participate in the program.

Felicia Marcus, chair of the State Water Board told reporters during the call that the program is a “practical approach” that “offers us some real water.”

The plan was proposed to State Water Board officials by a group of riparian water rights holders. State officials said it could be used as a “template” for

riparian water rights holders in other parts of the state.

According to a statement from the State Water Board, growers who participate in the program may opt to either reduce water diversions under their riparian rights by 25%, or idle 25% of their land. The reductions would be from 2013 levels. Riparian water right holders who choose not to participate in the voluntary program may face enforcement of riparian curtailments later this year, but risk of curtailment would not be any greater than if they had participated in the program.

Due to the state’s ongoing drought, water right holders throughout the state, including senior and riparian right holders, have been warned that curtailments are likely this year. Junior water right holders in the Sacramento and San Joaquin river watersheds already have been curtailed for the second consecutive year. Last year, hundreds of thousands of acres of farmland were fallowed.

“This proposal helps Delta growers manage the risk of potentially deeper

curtailment, while ensuring significant water conservation efforts in this fourth year of drought,” Marcus added in a written statement.

Riparian water rights are among the most secure in the state’s water rights system and are curtailed only when natural stream flow is inadequate to serve the reasonable uses of all riparians.

The State Water Board said in a statement that it welcomed the farmers’ proposal and staff has worked with them and other stakeholders to refine it. The State Water Board is open to voluntary agreements to manage and mitigate drought impacts, as long as they do not harm other water rights and do not cause unreasonable effects to fish and wildlife.

Obama Administration Announces Millions in Drought Relief Following a drought and wildfire briefing call with governors from seven Western states, President Barack Obama announced June 12 a multi-faceted $110 million federal aid package to support farmers and workers suffering from drought, provide food assistance, support water efficiency and conservation, and combat wildfire in California and other drought-stricken Western states.

According to a funding fact sheet released by the Obama Administration, California is expected to receive $18 million from the Department of Labor to provide jobs for works dislocated by the drought and another $7 million from the USDA to support conservation and water system improvements for water utilities and households coping with

drought. Arizona, Colorado, Montana, Oregon, Utah, and Wyoming also will receive various drought relief funds.

Gov. Jerry Brown participated in the briefing call and issued a statement following the funding announcement.

“The drought has caused more than half a million acres to be fallowed and thousands of farm jobs to disappear.

This aid will provide new opportunities for farmworkers and rural communities most impacted by the drought and make the state more water-efficient and drought-resilient,” said Brown.

Other actions announced Friday include the expansion of a program that will allow farmers to exclude poor production data as a result of the drought

from their crop insurance coverage calculation, the expansion of summer school lunch programs for communities suffering from drought in the Central Valley, and additional funding for 10 Wildland Fire Resilient Landscape projects across multiple jurisdictions.

Today’s funding builds on more than $190 million in federal support already issued this year for Western drought relief.

A fact sheet detailing the federal drought support package is available at www.whitehouse.gov. resource www.gov.ca.gov/news.php?id=18999

June 19, 2015 • 9

Left: Region 1 Board Members David Guhin, Chair Judy Mirbegian and David Bentley at the Region 1 membership meeting. Center: Region 3 Board Members Dennis Cocking, Dave Eggerton, Chair Bill George, Arthur Toy, Remleh Scherzinger and Patrick Hayes at the Region 3 membership meeting. Right: ACWA Executive Director Timothy Quinn gives an update at the Region 5 membership meeting.

ACWA Regions Take Charge of Change at Sacramento Conference

By Kathy Tiegs, ACWA Vice President ACWA’s regions were hard at work in Sacramento during ACWA’s 2015 Spring Conference & Exhibition, holding membership meetings for all 10 regions and hosting three region programs.

Region 8 kicked off the conference on Wednesday, May 6, with its program, “To Grow or Not to Grow: Urban Water Management Plans 2015.”

Moderated by ACWA Region 8 Chair Steve Cole, attendees heard from Kennedy Jenks Consultants Senior Water Resources Manager Mary Lou Cotton, Southern California Water Committee Executive Director Rich Atwater, The Pacific Institute Senior Research Associate Matthew Heberger, and the City of Santa Rosa Deputy Director of Water and Engineering Resources Jennifer Burke. The speakers discussed changes for Urban Water Management Plans in 2015 and how to integrate and implement plans.

Also May 6, Region 1 members talked about “A North Coast Cannabis Conundrum.” Sonoma County Water Agency General Manager and Region 1 Board Member Grant Davis moderated this discussion about the impacts of marijuana cultivation on North Coast resources. California Department of Fish and Wildlife Coho Recovery Coordinator Scott Bauer shared new data gathered by Department of Fish and Wildlife which documents the 10 • ACWANEWS

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dewatering of streams in watersheds impacted by marijuana cultivation.

Trinity County Supervisor and North Coast Resources Partnership Policy Review Panel Chair Judy Morris gave a local perspective about regulatory concerns and needs surrounding legalization.

On Thursday, May 7, Region 4 hosted “The State of Delta Science: What We Know and What We Still Need to Learn.” The program was hosted

by Delta Stewardship Council Chair Randy Fiorini, and explored the current knowledge, limitations and uncertainty of the Delta. A diverse panel of water experts and scientists participated in the discussion, which included Delta Stewardship Council Lead Scientist Peter Goodwin, Romberg Tiburon Center of CSU San Francisco Research Professor of Biology Wim Kimmerer, and UC Davis Center for Watershed Sciences Professor of Civil and Environmental Engineering Jay Lund.

meetings. President John Coleman and I dropped by several of the meetings to see the regions in action. At the meetings, we heard discussions about upcoming region activities and updates from committee reporters on their committees. ACWA staff shared updates on the region elections, the committees, the ACWA Headwaters Framework, and ACWA’s water storage policy paper.

Attendees also heard the latest on State Water Resource Control Board emergency conservation regulations from ACWA staff.

The presentations from region programs and meeting notes from the membership meetings are available online at www.acwa.com.

It is so wonderful to see such a high level of involvement from all 10 of the regions. ACWA’s regions play an integral role in statewide consensus building at ACWA and I am thankful for all their hard work. Thank you ACWA regions! .

In wrapping up the conference, all 10 regions hosted membership

ACWA Spring Conference Materials Available Powerpoints and videos from keynote speakers, programs, forums, town halls and award presentations from ACWA’s Spring 2015 Conference & Exhibition held in Sacramento in early May are now available online www.acwa.com/ content/presentations-acwa-2015-spring-conference-exhibition.

Bighorn-Desert View Honored with Clair A. Hill Water Agency Award ACWA on May 7 honored BighornDesert View Water Agency with the prestigious Clair A. Hill Water Agency Award for its Ames/Reche Groundwater Storage and Recovery Program. The award was presented during the Thursday general luncheon at ACWA’s Spring Conference & Exhibition this year held in Sacramento.

Bighorn-Desert View Water Agency was selected from among five finalists to receive the award.

“Bighorn-Desert View’s program demonstrates the great strides local agencies can make when they work together to implement creative solutions for managing California’s water resources,” ACWA President John Coleman said.

“Sustainable groundwater management is of the utmost importance and Bighorn-Desert View Water Agency and its partners should be commended for their efforts.”

The Ames/Reche Groundwater Storage and Recovery Program is a collaborative effort among five participating water agencies focused on replenishing groundwater through a non-traditional project that promotes environmental biodiversity and preserves open-space.

The project involved connecting the Ames Groundwater Basin to the State Water Project via a 3,650 foot conveyance pipeline to recharge up to 1,500 acre-feet annually on six acres of federally managed land. Participating agencies agreed to cooperatively manage groundwater using production caps, robust monitoring and long-

Irvine Ranch Water District

term storage accounting protocols as part of this innovative program.

ACWA’s Clair A. Hill Water Agency Award for Excellence is an annual award program that recognizes outstanding achievements by public water agencies. The winning agency has the honor of awarding a $5,000 scholarship to a deserving student in the name of Clair A. Hill, founder of the consulting engineering firm CH2M Hill.

Other finalists for this year’s award were: •

•

(l-r) ACWA President John Coleman presents the 2015 Clair A. Hill agency award to Bighorn-Desert View Water Agency Board President Judy Corl-Lorono with Mojave Water Agency General Manager Kirby Brill and ACWA Vice President Kathy Tiegs during the Thursday luncheon at ACWA’s Spring Conference & Exhibition in Sacramento.

Irvine Ranch Water District, for its Strand Ranch Water Banking Project, a water banking program that enhances water supply reliability during dry years by allowing for the recovery of up to 17,500 acre-feet of banked groundwater in any single year.

Monterey Peninsula Water Management District, for its Pure Water Monterey Advanced Water Treatment Demonstration Facility, a multi-agency groundwater replenishment pilot project that recycles water from multiple sources including wastewater, stormwater, industrial waters, and impaired surface water.

Monterey Peninsula Water Management District

•

Tuolumne Utilities District, for its Quartz Reservoir Reserve Pool Expansion, a project that allows TUD to save money, increase its operational flexibility and water supply, and marks the achievement of 100% recycling of all wastewater treated by the district.

•

Zone 7 Water Agency, for its Arroyo Mocho Riparian Restoration and Channel Enhancement Pilot Project, a creek restoration project that created a viable migration pathway for steelhead trout while maintaining flood conveyance capacity and groundwater recharge.

Tuolumne Utilities District

Zone 7 Water Agency

June 19, 2015 • 11

ACWA Presents Excellence in Water Leadership Award to Dave Orth ACWA presented its 2015 Excellence in Water Leadership Award to Dave Orth, general manager of the Kings River Conservation District, during its general luncheon May 6 at the Spring Conference & Exhibition in Sacramento.

Over the course of his career, Orth has established himself as a true leader and steward of California’s water resources on both the local and statewide levels.

He played a critical role in the development of the integrated regional water management plan for the Upper Kings River Basin, as well as the formation of the Southern San Joaquin Valley Water Quality Irrigated Lands Program.

Orth’s collaborative vision also helped to shepherd ACWA to consensus in developing recommendations to improve local management of groundwater basins. Many of ACWA’s recommenda-

tions ended up in California’s landmark Sustainable Groundwater Management Act signed into law by Gov. Jerry Brown last September.

Additionally, Orth plays a key role in planning for the future of California’s statewide water resources as a member of the California Water Commission.

“Securing California’s water future requires strong leadership and vision. Dave Orth is the embodiment of such leadership,” said ACWA President John Coleman. “Through his work on both the local and statewide levels, Dave is truly building a world of difference and his contributions will reverberate for years to come. ACWA is honored to present this award to such a deserving recipient.”

The Excellence in Water Leadership Award – Building a World of Difference® recognizes groups or individuals who

Kings River Conservation District General Manager Dave Orth poses with ACWA Vice President Kathy Tiegs and Dan Meyer with Black & Veatch after receiving the 2015 Excellence in Water Leadership Award during Wednesday’s luncheon at ACWA’s Spring Conference & Exhibition in Sacramento.

have made a remarkable and visible contribution to California water. The award is sponsored by Black & Veatch Corporation.

ACWA Honors David Breninger with Lifetime Achievement Award Honored for Remarkable Leadership and Service to California Water Community ACWA on May 6 presented the Lifetime Achievement Award to David Breninger, who recently retired from the Placer County Water Agency after 23 years of service as the general manager. Breninger was honored during the Opening Breakfast at ACWA’s Spring Conference & Exhibition in Sacramento.

Under Breninger’s leadership, PCWA achieved significant advances in managing its water resources, hydroelectric energy production and ensuring water service to large portions of Placer County. He was instrumental in implementing the district’s Financial Assistance Program, obtaining federal relicensing

of the Middle Fork American River Hydroelectric Project, and crafting a new energy purchase agreement between PCWA and PG&E. He also served seven years as an ACWA Board member, acting in various roles including Region 3 chair and vice chair and chair of the Local Government committee.

“Dave’s accomplishments and breadth of service put him in a class by himself.

Over the course of his 23-year career he has shown remarkable leadership through droughts, floods, fires and even a break in PG&E’s Bear River Canal,” said ACWA President John Coleman, who presented the award. “Dave’s contributions have been invaluable to

ACWA/JPIA Distributes $3 Million ACWA/JPIA President Andy Sells kicks off the Hans Doe Past Presidents’ Breakfast at ACWA’s Spring Conference & Exhibition, telling attendees that thanks to training to reduce risk exposure, ACWA/JPIA was able to return more than $3 million to more than 100 water districts.

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Following 23 years of service to the Placer County Water Agency, David Breninger is presented with ACWA’s Lifetime Achievement Award by ACWA President John Coleman during the May 6 Opening Breakfast at ACWA’s Spring Conference & Exhibition in Sacramento.

the California water community, which has most certainly benefitted from his commitment and accomplishments.”

The Lifetime Achievement Award recognizes individuals who have made a remarkable and lasting contribution to California water.

New Summer Campaign Asks to “Turn it Off” and “Let it Go” Brown Save Our Water is unveiling a new summer campaign and messaging urging Californians to cut back significantly on outdoor water use in the hot months ahead.

conservation is being used to refine messaging in areas of the state with the highest conservation targets under the state’s new urban water conservation regulations.

The campaign, designed to support local water agency efforts to meet statemandated urban conservation targets this summer, will reach Californians through a variety of traditional media channels, social media and social events in three phases. Save Our Water, which serves as the state’s official water conservation education program, is managed

by ACWA in partnership with the Department of Water Resources.

“We’re taking our messaging and making it even simpler – ‘Turn it off,’” Jennifer Persike, ACWA deputy executive director for external affairs and operations, said during a June 8 webinar on Save Our Water’s summer efforts. “It really works for all water uses. We’re also going a step further and saying ‘Let it Go’ in reference to ornamental turf and that ‘Brown is the New Green.’” Save Our Water also will provide content on its website, www. saveourwater.com to help consumers care for trees and shrubs as they drastically reduce water use on lawns.

The program is poised to receive an additional $4 million in funding as part of the state budget package. If approved by the Legislature and signed

by Gov. Jerry Brown, the funds would be available on July 1.

Featuring new creative tag lines — “Let it Go” and “Turn it Off ” — Save Our Water’s summer effort will be rolled out in three phases operating with two simultaneous efforts: the core campaign, which will use traditional media tools, and the viral campaign, which will be run via social media and delivered at social events.

New targeted public polling on water

An archived recording of the webinar, which was designed to update water agencies on the summer campaign and opportunities to participate in local media buys, is available on www. saveourwater.com.

Phase one of the summer campaign will run from June 22 to July 30, which will coincide with the launch of a full Spanish-language website at www.ahorrenuestraagua.com. Some 25% of the media buy will be in Spanish. Elements

of the core campaign include signs on billboards, at bus shelters, malls and in movie theaters.

The core campaign also includes radio — such as endorsement spots — and sponsorship by National Public Radio.

Its digital efforts include website banners and social media. The agency toolkit, offered online, also has been updated to reflect the new messaging.

The campaign also is actively working to expand its partnerships with agencies on media buys.

The viral campaign, which will use 35% of phase one funds, will include a microsite with real time aggregation, website banner ads and a heavy social media focus. Phases two and three of the campaign will be structured similarly, with television public service announcements rolling out in phase two.

The summer campaign comes of the heels of the highly successful spring “Keep Saving California” campaign.

When the spring campaign wraps up in June, it will have reached a total audience of 350 million people.

ACWA members who are interested in partnering with Save Our Water should email Ellen Martin at ellen@ saveourwater.com.

Save Our Water: Campaign Results as of May 27, 2015 25,609,139

10,558,555

Digital Media Impressions

Outdoor & Billboard Impressions

1,442,757 Digital Radio Impressions

5,984

115

47,500

428,420

Radio Spots

Local Events

SOW Shower Clings Handed Out

Visits to saveourwater.com

June 19, 2015 • 13

Case Study

Sonoma County Water Agency Veers Off the Traditional Grid to Produce Carbon-Free Water

Problem: How can an agency deliver reliable water to its customers and not produce carbon emissions? That was the conundrum facing Sonoma County Water Agency in 2006 when it decided to set a goal of producing carbonfree water by 2015.

In a nutshell, the problem is a bit circular. It takes energy to manage and deliver water and some forms of energy produce carbon pollution. Carbon contributes to climate change and climate change can deplete snowpack, which in turn reduces water supply. Therefore, producing water using carbon emitting energy can result in less water down the line.

Solution: In 2006, as the link between water production and carbon emissions became more widely studied, the SCWA informally set a goal of operating a carbon-free water system by 2015. In 2011, the water agency’s board of directors formally adopted an energy policy that included the goal. To meet the 2015 deadline, the agency set out to reduce its energy needs and diversify its energy portfolio to eventually use only renewable “clean” energies. It was a high bar to set at the time and many believed it was unattainable.

Early on in the process, SCWA leaders realized they would need to broaden their energy portfolio by constructing their own power sources and contracting for other renewable and carbon-free energy such as hydroelectric, solar energy and landfill gas.

A key factor in the water agency’s ability to contract for clean energy is its membership in the Power and Water Resources Pooling Authority or PWRPA. PWRPA is a joint

powers authority made up of irrigation districts and water purveyors that organized in 2004 to collectively manage individual power assets and loads.

“We are not a PG&E customer, we are a member of a JPA,” explains Cordel Stillman, deputy chief engineer with the SCWA Energy Resources Group, which worked extensively on the carbon-free project. “It’s basically our own power company. Because we are a member of that organization (PWRPA), we can develop our own power supply, or find it, and then use PWRPA to wheel it.”

Through PWRPA, SCWA has been able to wheel energy from clean sources such as the Sonoma County Landfill Gas to Energy project, Lake Sonoma Warm Springs Dam hyrdropower and other hydropower sources in the Sierra Nevada foothills. The landfill gas accounts for 55% of the water agency’s electricity needs, Warm Spring Dam provides 27% and other hydropower accounts for 7%.

“We hope to be an example to other cities and counties that carbon-free water is an achievable goal.” — Susan Gorin, SCWA director and chair of the Sonoma County Board of Supervisors

This approximately 1 megawatt (MW) MW solar photovoltaic (PV) system located at the Sonoma Valley Treatment Plant is one of the three solar PV installations at the Sonoma County Water Agency that contribute to its carbon-free electricity supply.

Have an idea for a case study?

We’d love to hear it. Please email your suggestion to acwanews@acwa.com, and put case study in the subject line.

Top: Members of the SCWA Energy Resources Group attend the CarbonFree Water Achievement press event April 6. (l-r) They are: Dale Roberts, water agency principal engineer; Rebecca Simonson, water agency engineer III; Carolyn Glanton, engineering technician; and Cordel Stillman, deputy chief engineer. Rep. Jared Huffman (CA-2) and Assembly Member Jim Wood (D-Healdsburg) spoke at the event on the importance of addressing climate change in the water sector.

Top Right: Nearly 500 kilowatts (kW) of solar photovoltaic (PV) systems are installed on the rooftop and a carport structure at the SCWA administration building. This is one of the three solar PV installations at the SCWA that contribute to the carbon-free electricity supply.

Bottom Right: The Warm Springs Dam Hydroelectric Facility located at Lake Sonoma contributes, on average, 27% of the water agency’s carbonfree electricity supply. P hoto credit: Sonoma County Water Agency

SCWA also owns three photovoltaic projects which account for 6% of its energy needs. It procures another 5% of its energy — geothermal energy — from Sonoma Clean Power’s EverGreen program. SCP is a not-for-profit agency, independently run by Sonoma County and several cities in Sonoma County. It provides clean power such as solar, wind, geothermal and hydropower.

Conservation efforts also allowed SCWA to reduce its total energy use by 27% since 2005, which played a key role in reducing its energy needs.

Results: On April 6, during a press event attended by local, state and federal leaders, SCWA officials announced they had reached their goal of carbonfree water in 2015.

“The water agency is actively working to secure our water future supply by mitigating the impacts of climate change,” Grant Davis, general manager of SCWA, said in a written statement after the press event. “We are proud to have achieved the goal of operating a carbon-free water system by 2015.

By reducing our energy needs through conserving water, increasing our efficiency, and developing renewable energy sources, the water agency is helping to pioneer new technologies and financing tools that we hope can serve as a framework for other water utilities to reduce emissions.”

Rebecca Simonson, a water agency engineer who worked on the carbon-free project extensively, said the water agency had been “skirting around the 90% to 93% mark” of carbon-free water until it joined Sonoma Clean Power, which helped it attain the 100% mark.

“On my first day of work here we formally adopted the energy policy in 2011,” said Simonson. “To actually see us get there (to 100%), makes me extremely proud.”

SCWA Director and Sonoma County Board of Supervisors Chair Susan Gorin said attaining the 100% mark is a “key milestone for Sonoma County as we work to address climate change.”

“The water agency continues to be a leader in protecting the environment and ensuring our water security,” Gorin said in a prepared statement. “We hope to be an example to other cities and counties that carbon-free water is an achievable goal.”

For more information on SCWA’s carbon free water program visit www. scwa.ca.gov/carbon-free-water/.

June 19, 2015 • 15

Budget Continued from page 1

local government organizations was working to stop proposed budget trailer bill language that would authorize the State Water Board to mandate consolidation of public water systems.

The local government coalition includes ACWA, the California Association of Local Agency Formation Commissions, the California Municipal Utilities Association, the California Special Districts Association, the California State Association of Counties, the League of California Cities, the Rural County Representatives of California and the California Association of Sanitation Agencies.

The trailer bill language, which was not in print in bill form at press time, would authorize the State Water Board to require a public water system that fails to provide an adequate supply of safe drinking water to consolidate with another public water system.

ACWA and coalition members argued that the trailer bill language raises significant public policy issues that should be heard through the regular policy and fiscal committee process and not rushed through the budget trailer bill process, which does not provide adequate time for stakeholder comment and public input.

The coalition stated in a June 10 letter to legislators that giving broad state authority to the State Water Resources Control Board to mandate consolidations could lead to significant unintended consequences.

Coalition Opposes Drinking Water Fees Proposal A coalition of public water agencies and investor-owned water utilities continued to oppose the trailer bill proposal regarding fees for the state’s drinking water program.

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At press time, the proposed trailer bill language would dramatically change the way the State Water Board is authorized to impose “operating fees” paid by public water systems. It would repeal most of the existing fee program, including safeguards in existing law, and authorize adoption of a new fee schedule by emergency regulation, according to the coalition letter. While existing law requires fees for large water systems to be based on actual costs incurred in administering the program (i.e., a fee-for-service model), the proposed trailer bill would not require fees to be based on actual costs. It also would remove the existing statutory cap on the base total for the fees and the existing cap on annual increases.

The proposed change would represent a “stark contrast” to the commitment to increased transparency and public participation pledged when the drinking water program was transferred to the State Water Board last year, the coalition stated in a June 13 letter.

Signatories to the June 13 letter include ACWA, Burbank Water and Power, California Municipal Utilities Association, California-Nevada Section of the American Water Works Association, California Water Association, Calleguas Municipal Water District, City of Corona, City of Fullerton, East Bay Municipal Utility District, Eastern Municipal Water District, Foothill Municipal Water District, Irvine Ranch Water District, Los Angeles Department of Water and Power, Mesa Water District, Municipal Water District of Orange County, San Diego County Water Authority, Metropolitan Water District of Southern California, Three Valleys Municipal Water District, Walnut Valley Water District and Western Municipal Water District.

“We have significant concerns related to the current language. Not only does the proposed emergency regulatory authority circumvent public process in raising fees on drinking water systems throughout the state, but many questions remain unanswered related to the program’s financial structure that is being used as context for the proposal,” the coalition says in the June 13 letter. “While the SWRCB provided stakeholders with an issue paper outlining general funding for the program and a summary of the budget shortfall that led to the proposal, the details fall short of providing stakeholders with the necessary information to further develop more specific alternatives that are fair, equitable and sustainable for all water systems and the SWRCB.” ACWA members were being encouraged to continue communicating their opposition to these proposals directly to their local Senate and Assembly members.

Agreement Reached on Main Budget The agreement on the main budget announced June 16 calls for overall general fund spending of $115.4 billion, just $61 million more than the governor proposed in May. The budget approved by the Legislature on June 15 included about $749 million more in spending than Brown proposed.

At a press conference announcing the agreement, the governor and legislative leaders said various bills would be drafted and acted on in the coming days, along with various trailer bills dealing with policy issues.

Watch for an update on budget action on ACWA’s website at www.acwa. com.

Water System Leak Detection and Prevention Leak detection Key Water Savings During Drought

and repair

Now in our fourth consecutive year of drought, California has entered a new era of water scarcity. With Gov. Jerry Brown’s recent conservation mandates, the state faces a set of imposing challenges. For decades, California utilities have campaigned to compel customers to reduce water use. The current drought will require even bigger savings, and extending that focus to the distribution network — particularly reducing leakage — will be an important piece of a comprehensive drought response.

Water Systems Optimization (WSO) works with water utilities to reduce system leakage by conducting thorough water audits, and designing and implementing cost-effective intervention strategies. The potential for leakage recovery in California is significant: the median California water agency loses the equivalent of approximately 37 gallons per service connection per day in system leakage, which is about twice as high as the best performing utilities. Given the rising cost of water and drought pressures, many utilities — even the best performing ones — can pursue leakage reductions in a cost-effective manner.

WSO helps utilities understand their volume of recoverable leakage by performing water audits. A water audit is a conceptually simple exercise that accounts for all volumes of water within a system over a certain period: how much goes in, how much is consumed, and what is lost in between.

After completing the water audit, WSO helps utilities identify and implement the best methods of recovering water losses. Such strategies include: • Proactive leak detection to find and repair ongoing, unsurfaced leaks

• Optimization of water pressures to minimize leakage • Improved customer meter testing and replacement programs (for accounting and revenue optimization)

perform leak detection, and explore opportunities to reduce leakage through pressure management.

• A mid-sized Southern California agency that determined through a water audit and proactive The experience of conducting an © Water Systems Optimization, Inc. 2004 leak detection that the system audit not only leads to actions that is currently operating at a nearreduce leakage, but can help facilitate optimal level. While staff members a broader organizational adoption of suspected this beforehand, they are more goal-oriented, metric-driven, now equipped with meaningful, financially-sensible, and publiclyindependently-validated data to accountable practices. present in public forums.

Here are just a few examples of A committed water loss control effort successful efforts that WSO has been a requires an up-front investment of part of: utility resources. In the long-run, it pays off in the problems that it solves • A mid-sized Northern California and the problems that it prevents. agency will recover approximately The process can unveil significant 173 MG worth of unsurfaced leakage identified through proactive leak water savings while improving data detection, worth 2.9% of its annual and accounting processes along the way. Through its services in water loss volume supplied into the system. control, WSO looks forward to serving The effort is expected to pay itself as key partners in agencies’ drought back in just over one year. response efforts.

• A large Southern California agency For more information about WSO’s that determined via a water audit work and services, contact Reinhard that approximately 285 MG, or Sturm, 415-538-8641 (reinhard.

3% of its water, could be recovered sturm@wso.us). through proactive leak detection.

The agency is developing plans to implement zonal leakage monitoring,

June 19, 2015 • 17

Left: (l-r) Peter Brostrom, DWR; Wade Crowfoot, Governor’s Office; Timothy Quinn, ACWA; Jennifer Persike, ACWA; Jason Rhine, League of California Cities; and DeAnn Baker, California State Association of Counties, discuss tools for local agencies during ACWA’s May 21 emergency conservation regulations webinar. Right: (l-r) State Water Resources Control Board officials Michael Lauffer, David Rose, Max Gomberg, Eric Oppenheimer, and Caren Trgovcich join City of Sacramento Sustainability Manager Terrance Davis to discuss State Water Board emergency regulations, enforcement and water rates during ACWA’s May 26 webinar.

Webinar Series Exploring Conservation Regulations Now Online ACWA and the Governor’s Office on May 26 concluded a special series of three webinars that outlined for local water agencies the intricacies of the emergency regulations on mandatory urban water conservation now in effect and provided details on new conservation tools.

The webinars and accompanying written materials are available at www.acwa. com/2015-Drought-Regs-Webinars.

David Bolland, special projects manager for ACWA, moderated all three webinars. The series of webinars — offered in partnership with the League of California Cities and the California State Association of Counties — provided a detailed overview of the emergency regulations adopted May 5 by the State Water Resources Control

Board. The webinars also provided information on new tools and resources available to water agencies as they work to meet conservation targets ranging from 8% to 36%.

More than 400 local water managers, staff and other agency officials participated remotely in each webinar.

The first webinar on May 21 focused on the tools and assistance available to agencies to meet the mandatory targets and conserve water in general. During the webinar, which was held in the ACWA Board Room, Wade Crowfoot, deputy cabinet secretary for Gov. Jerry Brown, provided context on the new tools for water agencies, many of which are made possible through Brown’s April 1 emergency executive order.

ACWA Executive Director Timothy Quinn also provided opening remarks, saying that the main intent of the webinar was to “give (water managers) the tools to meet the targets” in the emergency regulations.

During the second webinar May 26, officials from the State Water Board provided a detailed overview of the new water conservation regulations mandating 25% water use reductions statewide. Conservation water rates also were explored as was the impact of the recent San Juan Capistrano court ruling.

The third webinar detailed the new conservation regulations as they apply to small water systems with fewer than 3,000 connections.

State Water Board Approves Recycling Funding Guidelines The State Water Resources Control Board on June 16 approved updated guidelines for its Water Recycled Funding Program which will allow the distribution of $625 million in Proposition 1 water recycling funds.

According to a statement released by the State Water Board, the amended guidelines improve processes, ensure alignment with other water recycling funding sources, and conform to 18 • ACWANEWS

Vol. 43 No. 6

Regional Water Quality Control Board waste discharge requirements. The guidelines were last updated in 2008.

“Proposition 1 monies will be combined with existing bond funds, and the Clean Water State Revolving Fund, to provide the best possible funding packages for the maximum number of water recycling projects… By funding more recycled water projects, sustainability of local and state water resources

will be greatly increased, making the state more drought resilient in the future,” the statement reads.

resource State Water Board Press Release: www.swrcb.ca.gov/press_room/ press_releases/2015/pr061615_water_ recycling_guidelines.pdf WRFP: www.waterboards.ca.gov/ water_issues/programs/grants_loans/ water_recycling

DOI Announces $33 Million in Funding for California Water Projects The U.S. Department of Interior on May 21 announced funding for 26 California water projects that will receive a combined total of approximately $33 million in funds from the U.S. Bureau of Reclamation’s 2015 WaterSMART program and the Western states drought relief package first announced by U.S. Department of Interior Secretary Sally Jewell in February.

“In a time of exceptional drought, it is absolutely critical that states and the federal government leverage our funding resources so that we can make each drop count,” Secretary Jewel said in a written statement.

According to DOI, $24 million has been awarded to 50 water and energy efficient projects in 12 states with 15 of the projects in California. $23

million has been awarded to seven water reclamation and reuse projects in California, and another nearly $2 million for seven water reclamation and reuse feasibility studies projects – with four of those projects in California. resource www.usbr.gov/WaterSMART/weeg/ www.usbr.gov/WaterSMART/title

Appellate Court Grants Review of Coachella Valley Decision A federal appellate court has agreed to review a key issue in a lower court ruling that granted the Agua Caliente Band of Cahuilla Indians a reserved right to the Coachella Valley region’s groundwater. Petitions seeking the review were filed by the Desert Water Agency and Coachella Valley Water District.

According to press release from DWA, If the lower court ruling is upheld on appeal, the tribe could gain virtually exclusive use of water in the Coachella Valley basin — the water that is used to supply drinking water to all Coachella Valley residents.

“This is an important decision for the entire region — the court’s ruling allows both Desert Water Agency

and Coachella Valley Water District to advance their defense of the public’s water rights,” said Dave Luker, general manager of DWA. “Coachella Valley groundwater is a crucial component of the region’s water supply, economy and way of life — it is essential that we protect the public’s right to use it.”

The tribe filed a lawsuit in 2013 against DWA and CVWD claiming it held both reserved and aboriginal rights, above all other water users, to the region’s groundwater. A federal court previously ruled the tribe does not have an aboriginal right to the groundwater in the Coachella Valley, but may have a reserved right to the region’s groundwater. That court certified the ruling for appeal, acknowledging that there is

legitimate room for disagreement over whether the law currently supports the tribe’s claim of having a reserved right to groundwater.

The tribe opposed the petitions filed

by DWA and CVWD seeking appellate review. The Ninth Circuit Court of Appeals has now ruled in favor of moving forward with the appeal process.

“We firmly believe that everyone, including the tribe, should have equal access to a clean, affordable and reliable water supply,” said Luker. “One group should not have the right to carve up the groundwater basin and take access to water away from local residents — essentially leaving the rest of us to make do with the leftovers.” .

Cross-Country Trek Calls Attention to Infrastructure Dan McNichol, of ENR magazine (Engineering News Record), stops by ACWA offices Sacramento June 10 to introduce his 1949 Hudson, named Mrs. Martin. McNichol and Aileen Cho, also of ENR, are blogging and Tweeting their way across the U.S. taking an up close and personal look at infrastructure while riding in McNichol’s Hudson. McNichol interviewed ACWA Executive Director Timothy Quinn as part of his written record. Left: Mrs. Hudson is parked on K St. Center: Quinn talks with McNichol about his journey. Right: Quinn sits behind the wheel of the Hudson.

June 19, 2015 • 19

Member News

MWD Increases Turf Removal and Water Conservation Budget In response to the continued drought, the Metropolitan Water District of Southern California Board of Directors on May 26 approved a $350 million increase to its budget for turf removal and water conservation programs.

According to MWD, the conservation budget, now $450 million, is the largest in the nation.

MWD expanded its turf replacement program which has been besieged with requests since Gov. Jerry Brown’s April 1 order mandating 25% statewide water use reductions. MWD’s turf removal program currently has rebate requests for more than 100 million square feet (or about 60,000 front lawns) and receives up to 10,000 applications per month. In early May, the district also said it reached a new record, receiving $49 million in requested conservation rebates in one week.

The expanded program is expected to result in the removal of about 175 million square-feet of turf and projected to save about 80 million gallons of water per day for Southern California.

In addition to the expanded budget, MWD also approved changes to the turf removal program that establish tiers based on the amount of turf being removed. Residential customers will now receive $2 per square foot for up to 3,000 square feet. Public agencies, commercial and other non-residential properties also may receive similar rebates but are subject to specific terms and annual limits.

“Our goal is to equitably provide rebate funds to as many people as possible and lock-in permanent changes in water use by transforming to drought-

tolerant landscapes that better fit our Mediterranean climate,” said MWD Board Chair Randy Record in a statement.

According to MWD’s General Manager Jeffrey Kightlinger, the water conservation program increase was made possible by higher-thanexpected water sales revenue and fiscally responsible budgeting and is not expected to result in higher rates for customers.

“This is a historic one-time investment in conservation as opposed to a new long-term spending initiative that would have rate impacts,” said Kightlinger.

For more information on MWD’s water conservation programs, please visit www.bewaterwise.com.

South Coast Recognizes ‘Water Saver of the Month’ with Award The South Coast Water District recently launched a new program that recognizes customers who have made tangible contributions to water conservation by granting them a $500 award and the title of ‘Water Saver of the Month.’

Customers who conserved water by installing a water-saving landscape in 2014 or later without the help of a rebate program are eligible for the awards program. Winners are featured on the district’s website and in the Dana Point Times local newspaper.

For more about SCWD’s program, please visit www.scwd.org/ conservation/water_saver_of_the_ month.asp.

20 • ACWANEWS

Vol. 43 No. 6

Stephen and Yoko Jorgensen pose with their award for February Water Saver of the Month Award. The Dana Point residents removed 740 sq. ft. of irrigated turf and replaced it a California-friendly, drought-tolerant garden that is expected to save approximately 31,800 gallons of potable water per year.

People News Landis hired as Executive Officer of the California Water Commission Paula J. Landis, who since 2010 has served as chief of the Department of Water Resources Division of Integrated Regional Water Management, has been hired as the new executive officer of the California Water Commission, the CWC announced May 29.

Landis replaces Sue Sims who now works for the Metropolitan Water District of Southern California.

Correction A photo in the May 2015 issue of ACWA News of Donald D. Galleano, a new director on the Metropolitan Water District of Southern California Board of Directors, failed to credit MWD for the photo.

Landis will serve as the primary liaison to the nine-member commission, representing the commission on statewide issues and overseeing the development and implementation of the commission’s Water Storage Investment Program. Chapter 8 of Proposition 1, approved by California voters in 2014, directs $2.7 billion to the commission to fund public benefits as-

sociated with water storage projects. The commission is charged with developing tools and methods to quantify such public benefits.

Landis has more than 27 years of experience working for state and federal agencies focused on water resources planning and management. Since 2010, she headed up DWR’s Division of Integrated Regional Water Management. In that role she managed a large multidisciplinary staff focused on programs such as groundwater modeling, water conservation, water management, flood management, water quality investigations, land and water use investigations, environmental surveys and compliance, planning and local assistance.

Landis also led DWR’s South Central Region Office and served as chief of the U.S. Bureau of Reclamation’s Resources Management Division. She is a licensed professional engineer.

Got an outreach program worth talking about?

Calling for Entries

Enter your agency’s outstanding public relations efforts in ACWA’s Huell Howser Best in Blue Award!

The award recognizes outstanding achievements by public water agencies in communicating with customers, legislators, media and the public.

The award will be presented at ACWA’s 2015 Fall Conference & Exhibition. Entries must be submitted by Sept. 1.

Details and entry forms are at www.acwa.com.

Yucca Valley Voters Support Assessment for Sewer Project The Hi-Desert Water District announced in mid-May that Yucca Valley property owners voted overwhelmingly to support the formation of an assessment district to secure funding to construct the first phase of a sewer project.

Some 72% of weighted votes supported securing a 1% loan from the state to fund the project. The votes were cast during a 45-day voting period and after a lengthy public hearing.

“This is an incredibly important day for

the families and businesses in Yucca Valley,” Bob Stadum, president of HDWD’s Board of Directors said in a written statement. “The community’s support will allow us to move forward with a project that protects local groundwater and provides a vital resource and service for future generations.”

The ballot was delivered to all property owners by mail and voters were shown the maximum amount they could be assessed. According to a press release from the district, the assessment would

decrease if grants or other methods lower the project cost. Payments will be paid through property tax bills over 30 years and begin one-year prior to the completion of construction which is expected in December 2017.

“Our community has placed a tremendous amount of trust in us,” said Ed Muzik, general manager at HDWD. “We will continue to earn that trust as we build the best possible project for our customers at the lowest possible cost.

This community deserves no less.” .

June 19, 2015 • 21

May Feedback

How are your customers responding to turf rebates and other water conservation incentives?

Employment Conservation Representative I/II

Here are excerpts from replies sent to acwanews@acwa.com.

Moulton Niguel Water District – Moulton Niguel Water District has had a remarkable response to the turf removal rebates, receiving as many as 50 applications per day. Our customers who are removing their turf are providing an important immediate response to the drought, as well as contributing to long-term water conservation. In addition, there has been an unprecedented reaction to the district’s outreach campaign launch with customers reducing their water usage 28% in May of 2015 in comparison to May of 2013.

Santa Margarita Water District – Santa Margarita Water District continues to be a leader in Southern California and Orange County in turf removal, and we’ve seen participation skyrocket since the governor’s declaration of a drought emergency. Since fiscal year 2011, more than 14 acres (621,250 square feet) of turf has been removed from residential and other areas, but the vast majority of this activity has occurred this fiscal year, with nearly 12 acres of turf removed (more than 510,000 square feet). Program participation has grown exponentially as customers respond to the drought.

Santa Clara Valley Water District – In 2014, our landscape conversion rebate program exploded, converting more than 1.1 million square feet of turf. Then, in the first four months of 2015, the pace picked up even more.

We’ve already converted 1.2 million square feet, with hundreds of other projects in the pipeline.

Send us your feedback!

What kinds of products and services do you need to meet the new state mandatory water conservation regulations?

Email your answer to acwanews@acwa.com

by July 14, 2015. Please put in subject line “Feedback June 2015.”

(Salary: I – $4233 – $5075/mo. II – $4639 – $5568/mo.)

Excellent Benefits currently include 95% paid premium for medical, dental, vision insurance; CalPERS retirement system; no social security deduction. Responsibilities include inspecting property for compliance with water conservation regulations and permit requirements; documenting and analyzing water use and recommending conservation methods; investigating water waste complaints, issuing notices of violation and letters regarding enforcement action; reviewing permit applications, calculating connection charges and water allocation; interpreting rules, regulations and ordinances for the public; preparing statistical and narrative reports, as well as representing the District with local businesses and public agencies. Duties also include data entry, word processing, and payment collection.

The ideal candidate will have knowledge of water conservation methods and devices, a background in customer service, and demonstrated ability to maintain tactfulness and courtesy in high stress situations.

TO APPLY: The required job application, supplementary questionnaire and filing information can be downloaded from the Human Resources section of the District’s web site at www.mpwmd.net. Send completed application materials by US Mail to PO Box 85 Monterey, CA 93942-0085. Send by UPS or FEDEX to 5 Harris Court, Building G, Monterey, CA 93940. The application form may also be submitted as a scanned document, in PDF format, attached to an e-mail sent to cynthia@mpwmd.net, with the completed supplemental questionnaire and resume as attachments. However, in order to be accepted, the application must include the applicant’s signature. The Final Filing Date is Monday, July 6th 2015. Call Cynthia Schmidlin at (831) 658-5613 for further information.

Research Director The Orange County Water District Research Director is responsible for the direction, management, and coordination of the Research & Development Continued on page 23

22 • ACWANEWS

Vol. 43 No. 6

Continued from page 22

(R&D) Department. Will supervise and manage the activities of five full-time scientists and technicians. With guidance from Executive Management, will help establish research priorities and ensure research pursuits are aligned with core District activities and objectives. Effective coordination and communication with the Operations, Engineering, Regulatory, Water Quality, and Laboratory departments is required. Must review and prepare written internal reports and articles for publication in peer-reviewed scientific journals, as well as deliver technical presentations to a wide range of stakeholders. Will pursue opportunities for grant funding and collaboration with other utilities, universities, and research foundations.

Expected to maintain his/her own small applied research portfolio.

QUALIFICATIONS: Master’s degree in water-related Engineering or Science and at least 8 years of job-related applied research experience is required. A Ph.D. in waterrelated Engineering or Science is preferred.

Must have a broad knowledge base encompassing the District’s core advanced water treatment and groundwater recharge activities. Postdoctoral level or greater research experience is preferred. Potential areas of research expertise can include, but are not limited to, Civil or Environmental Engineering, Chemistry or Chemical Engineering, and Biology (microbiology,

molecular biology, biotechnology). Must have prior experience as a successful group leader or group manager with three to five years of supervisory experience. Budget management experience is also required.

Good verbal and written communication skills are required. Proficiency with statistical analysis and experimental design is required.

You must submit an OCWD online employment application to be considered.

Please visit www.ocwd.com to complete an application. A valid California driver’s license and proof of automobile insurance is required.

Applications will be accepted until a sufficient number apply. EOE

Calling All Nominations ACWA

Emissary Award 2015 Recognizing Remarkable Contributions

Objective The award recognizes individual ACWA member volunteers who have advanced ACWA’s mission and goals through their direct involvement.

Individuals demonstrate: • Leadership in the course of service on ACWA committees • Advocacy / outreach at local, state and / or federal levels • Commitment of time and expertise for the benefit of an ACWA program or issue

Who Is Eligible?

Any ACWA committee member, ACWA region board member or ACWA Board member who is employed by an ACWA public agency member is eligible to nominate any staff, consultant or board member of an ACWA public agency member.

When Are Nominations Due? Nominations must be received at the ACWA offices by September 1, 2015.

An official nomination form and further details about the award, eligibility and selection process are available at www.acwa.com.

2014 Bette Boatmun 2013 Marion Ashley 2012 Chet Anderson 2011 Greg Zlotnick 2010

David Orth

June 19, 2015 • 23

Most Clicked Here are some of June’s mostclicked stories on ACWA’s website, www.acwa.com. Be sure to subscribe to ACWA’s eNews to get the latest news in your email box each week.

See www.acwa.com/newsletters/ ACWA-eNews for more.

Periodicals Postage Paid Sacramento, CA

Association of California Water Agencies 910 K Street, Suite 100 Sacramento, CA 95814-3577

Time Valued Material

State Board Announces Curtailments for Senior Water Right Holders — 06/12/2015 State Asks California Supreme Court to Depublish San Juan Capistrano Case — 06/12/2015

Upcoming Events

State Water Board Releases Updated List of Water Conservation Tiers — 06/05/2015

Visit acwa.com for complete listing 31

State Water Board Reports Improved Urban Water Conservation for April — 06/02/2015

July 2015 24

Twitter Chatter Trending on Twitter During ACWA Spring Conference

Ed Joyce @EdJoyce • June 11 | ‘Extreme Drought’ expands in #California as drought eases in other western states.

Western Report @Western_Report • June 11 | As Lake Mead Dries Up, Engineers Dig Deep in Search for Water

ACWA Region 1 is hosting a Marin Water Forum that will highlight water management in Marin County at The Lodge at Tiburon, Tiburon CA. Online registration is available until July 17. For full event details, go to www.acwa.com.

August 2015 17 – 19

Smart H2O Summit will be held at the San Francisco Marriott. More information available at www.smarth2osummit.com/attend.html.

28 – 29

DesalTech2015, the International Conference on emerging water desalination technologies in municipal and industrial applications, will take place in San Diego. For event details, visit www.desaltech2015.com.

September 2015 10 – 11

ACWA’s 2015 Continuing Legal Education will be held at the Waterfront Hotel in Oakland, CA. More information coming soon.

24 – 25

A groundwater tour sponsored by the Water Education Foundation will travel through the Sacramento region to view sites that explore groundwater issues. For more information, visit www.watereducation. org/tour/groundwater-tour-2015.

OPR @Cal_OPR • June 10 | Drought and record-breaking heat are bad combination as fire season begins WaterNow • June 2 | California water use fell in April, but more cutbacks are necessary Sonia F. Khan • May 22 | Southern California is saying goodbye to lawns.

Joe Schaack • May 28 | ACWAsponsored Chrom-6 Bill clears Senate; heads for Assembly

October 2015 1 – 2

CalDesal Annual Conference will be held at the Double Tree by Hilton Ontario Airport. More information coming soon.

6 – 7

Biennial Groundwater Conference & GRAC Annual Meeting presented by GRAC will be held at the DoubleTree by Hilton, Sacramento CA. For more information, visit grac.org/am2015.asp.

14

ACWA’s 2015 Regulatory Summit will be held at DoubleTree Hotel, Ontario. More information coming soon.