BILL ANALYSIS Ó
AB 1896
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Jerry Hill, Chair
2013-2014 Regular Session
BILL NO: AB 1896
AUTHOR: V. Manuel Pérez
AMENDED: April 7, 2014
FISCAL: Yes HEARING DATE: June 25, 2014
URGENCY: No CONSULTANT: Joanne Roy
SUBJECT : COACHELLA VALLEY WATER DISTRICT: NONPOTABLE WATER
USE
SUMMARY :
Existing law :
1) Provides that the right to use water does not extend to
waste or unreasonable use of the water. (California
Constitution, Article X, Section 2).
2) Provides that the use of potable domestic water for
nonpotable uses, including, but not limited to, cemeteries,
golf courses, parks, highway landscaped areas, and
industrial and irrigation uses, is a waste or an
unreasonable use of the water within the meaning of Section
2 of Article X of the California Constitution if recycled
water is available that meets specified conditions,
including quantity, quality, and cost, as determined by the
State Water Resources Control Board (SWRCB). (Water Code
(WAT) §13550).
3) Provides that the use of potable domestic water for the
irrigation of residential landscaping is a waste or an
unreasonable use of water within the meaning of Section 2
of Article X of the California Constitution if recycled
water for this use is available to the residents and meets
specified conditions, as determined by the SWRCB. (WAT
§13552.2).
4) Authorizes any public agency, including a state agency,
city, county, city and county, district, or any other
political subdivision of the state, to require the use of
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recycled water for irrigation of residential landscaping,
if specified requirements are met. (WAT §13552.4).
5) Provides that, within Coachella Valley Water District's
(CVWD) service area, the use of potable domestic water for
nonpotable uses for cemeteries, parks, highway landscaped
areas, new industrial facilities, and golf course
irrigation is a waste and an unreasonable use of water
within the meaning of Section 2 of Article X of the
California Constitution if nonpotable water is available
that meets specified conditions, including quantity,
quality, and cost, as determined by the CVWD. (WAT
§32601).
6) Prohibits a person or local public agency from using water
within CVWD's service area from any source that is suitable
for potable domestic use for nonpotable uses for
cemeteries, parks, highway landscaped areas, new industrial
facilities, or golf course irrigation, if the Board
determines that suitable nonpotable water is available.
(WAT §32602).
7) Requires all use areas where recycled water is used that
are accessible to the public shall be posted with signs
stating, "RECYCLED WATER - DO NOT DRINK". (22 CCR §60310).
This bill :
1) Extends, for the Coachella Valley Water District, the
application of Article X, Section 2 to landscaped common
areas of residential developments maintained by a
homeowner's association.
2) Makes legislative findings about the challenges of water
management in the Coachella Valley.
COMMENTS :
1) Purpose of Bill . According to the author:
This bill will allow the Water District to transition the
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landscaped common areas of residential developments that
are maintained by homeowners associations to the use of
nonpotable water for irrigation when doing so is
determined to be cost-effective and feasible.
Today, the Coachella Valley's aquifer is in a state of
overdraft. While the Water District has instituted an
aggressive replenishment program to replenish the
aquifer, the best public policy is to reduce demand on
the aquifer by substituting the use of ground water for
nonpotable water when doing so is cost-effective and
feasible.
Substituting ground water for nonpotable water will not
only reduce demand on the aquifer, but it will have the
added benefit of helping to replenish the aquifer as up
to 40% of the nonpotable water used will percolate back
into the aquifer.
2) Background . The Coachella Valley Water District (CVWD) is
organized under the County Water District Law. That act
includes provisions specific to CVWD that declares the use
of water suitable for potable domestic use for specific
nonpotable uses is a waste or unreasonable use within the
meaning of Article X, Section 2, if recycled water is
available that meets specific conditions. Those specific
uses are: cemeteries, parks, highway landscaped areas, new
industrial facilities, and golf course irrigation.
3) Similar To Other Provisions Of The Law. Under the Water
Recycling Law, the use of potable domestic water for
nonpotable purposes is a waste or unreasonable use within
the meaning of Article X, Section 2, if recycled water is
available that meets specific conditions. Those conditions
include that the recycled water is of adequate quality, is
furnished at a reasonable cost, that it meets public health
requirements, will not adversely affect downstream water
rights, and will not degrade the environment.
4) Double Referral to Senate Natural Resources & Water
Committee . This measure was heard in Senate Natural
Resources & Water Committee on June 10, 2014, and passed
out of committee with a vote of 9-0.
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SOURCE : Coachella Valley Water District
SUPPORT : City of Palm Desert
OPPOSITION : None on file