EMERGENCY DROUGHT RESPONSE

Boise City Code tit. 1, ch. 17

in effect

Boise City Code § 1-17-1 LEGAL AUTHORITY

1-17-1: LEGAL AUTHORITY: Article XII, section 2 of the Idaho Constitution, and Idaho Code sections 50-304 and 50-606 authorize the city of Boise City ("City") to pass ordinances granting certain powers to the Mayor related to public health emergencies. (Ord. 28-26, 6-30-2026)

Boise City Code § 1-17-2 PURPOSE AND INTENT

1-17-2: PURPOSE AND INTENT: The preservation of public health, safety, and welfare may require immediate action by the City in response to emergency threats to public health. Severe or prolonged drought is a public health issue and may cause significant impacts to the quantity and quality of water for human consumption, increase the incidence of illness and disease, cause adverse mental health outcomes, and overall increase mortality rates. The State of Idaho has recognized that cities have the authority to restrict the use of water by its residents in emergency situations and the safest approach is to let local governments determine their own response (see Idaho Drought Plan, sec. 6.3 and 3.4, Idaho Department of Water Resources, 2021). Therefore, the City hereby authorizes the Mayor and confers certain powers to declare a public health emergency as an immediate response to foreseeable, imminent, or present drought conditions. This chapter is intended to supplement the roles and responsibilities of the State of Idaho's water supply regulators solely for localized drought response, ensuring that potable water resources will be available for domestic and commercial uses in Boise during droughts. (Ord. 28-26, 6-30-2026)

Boise City Code § 1-17-3 SCOPE

1-17-3: SCOPE: This chapter sets forth the conditions upon which such a declaration of a drought emergency may be made, the specific powers of the Mayor upon such a declaration, and the process for exercising the emergency powers of the Mayor. (Ord. 28-26, 6-30-2026)

Boise City Code § 1-17-4 APPLICABILITY

1-17-4: APPLICABILITY: The provisions of this chapter shall apply to all persons in the corporate boundaries of Boise City who are connected to a public drinking water system, as defined by the Idaho Department of Environmental Quality, IDAPA 58.01.08.003.56, and as may later be amended. This chapter is not applicable to any nonpotable water supplies. (Ord. 28-26, 6-30-2026)

Boise City Code § 1-17-5 DEFINITIONS

1-17-5: DEFINITIONS: For the purposes of this chapter, the following terms, phrases, words, and derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. Words used throughout this chapter, but not defined herein, shall have their plain, ordinary, and common meaning. Words in any gender shall apply to the feminine, masculine, and neuter genders. COMMERCIAL PURPOSES: Potable water use for any business, industrial, institutional, or nonprofit enterprise that is not for direct human consumption, culinary purposes, or sanitation. Business enterprises shall include, but are not limited to, hotels, motels, assisted living facilities, retirement facilities, schools, shelter homes, churches, and nonresidential condominium units. DOMESTIC PURPOSES: The use of potable water for direct human consumption, culinary purposes, and sanitation. For purposes of this chapter, domestic purposes do not include residential landscape irrigation and lawn watering; individual residential car washes or other spray washing; privately-owned swimming pool or hot tub maintenance; other recreational or aesthetic purposes as defined below; or other uses that are not for direct human consumption, culinary purposes, or sanitation. DROUGHT: A prolonged period of an absence or deficiency of precipitation, resulting in some form of a water shortage or serious hydrological imbalance in the city of Boise City. DROUGHT EMERGENCY: A foreseeable, imminent, or present threat of drought, or related environmental condition, which does or may cause adverse impacts on people, animals, or vegetation of Boise City, including agriculture, social and economic activities, or natural ecosystems. EMERGENCY DROUGHT RESPONSE ORDER: An advisory or mandatory order enacted by the Mayor to reduce or cease the use of potable water for nonessential and/or discretionary commercial, irrigation, and/or recreational and aesthetic purposes to preserve the quantity and quality of such water and prioritize its use for domestic and necessary commercial purposes. IRRIGATION PURPOSES: The use of potable water for lawns, gardens, pastures, parks, greenbelts, golf courses and open space. For purposes of this chapter, irrigation purposes for gardens or pastures used to grow food or support domesticated animals to produce food or other commodities are exempt from any emergency drought response order. NONPOTABLE WATER: Water that does not conform to drinking water quality standards, which may include but is not limited to surface water and recycled water. PERSON: Any individual, joint venture, partnership, firm, corporation, association, club or organized group, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents, or assigns. POTABLE WATER: Water which conforms to drinking water quality standards; may also be referred to as drinking water. RECREATIONAL AND AESTHETIC PURPOSES: The use of potable water for: privately-owned swimming pools or hot tubs; water fountains or features that do not support any aquatic life whether privately, commercially, or publicly owned; and individual use of hoses or sprinklers for leisure or optional activities, including noncommercial carwashes or spray washing of structures, sidewalks, or other equipment or materials (but excluding any irrigation purposes). (Ord. 28-26, 6-30-2026)

Boise City Code § 1-17-6 CONDITIONS TO DECLARE A DROUGHT EMERGENCY

1-17-6: CONDITIONS TO DECLARE A DROUGHT EMERGENCY: Emergency conservation and water reduction measures shall be implemented in a phased approach, depending on dryness and drought conditions. A. Due concerns shall be given to the factors that are relevant to the severity of a drought, including: 1. Worsening climate conditions; 2. Consecutive years of drought within Ada County; 3. Above normal temperatures; 4. Below normal precipitation; or 5. Any combination of the above factors. B. Deteriorating water supply conditions, such as the following, are also relevant factors for consideration: 1. Unfilled Boise River storage capacity or early drop in storage levels; 2. Early drop in Boise River natural flow; 3. Early curtailments or shut off of irrigation deliveries as defined by the normal irrigation season; 4. Operational concerns for public drinking water systems such as: a. Exceeding historical maximum diversions to meet increased demand; b. Seeking additional, short-term water supplies to meet peak demand; or c. Emergency conditions experienced as a result of drought-related accidents or natural disasters such as (i) distribution system failures, (ii) long-term power outages, or (iii) water quality exceedances at the water source or resulting from treatment failure; or 5. Any combination of the above factors. C. In conjunction with the consideration of any relevant factors as listed above, the Mayor shall only issue an order commensurate with the present category of drought as indicated on the U.S. Drought Monitor, Drought Index for Ada County as follows: 1. Moderate Drought: In a moderate drought, the Mayor may issue an advisory or voluntary reduction order. 2. Severe or Extreme Drought: In a severe or extreme drought, the Mayor may issue up to a mandatory reduction order. 3. Exceptional Drought: In an exceptional drought, the Mayor may issue up to a mandatory cessation order. (Ord. 28-26, 6-30-2026)

Boise City Code § 1-17-7 EMERGENCY DROUGHT RESPONSE ORDERS

1-17-7: EMERGENCY DROUGHT RESPONSE ORDERS: After a declaration of a drought emergency, the Mayor may issue the following emergency drought response orders, as deemed appropriate by the Mayor, relying on information from municipal water providers, local, regional, statewide, or nationwide authorities, and, when practical in consultation with such authorities. The types of orders are modeled after a phased approach recommended by the state: education and recommendations for proactive conservation; specific voluntary efficiency and improvement measures; then active mitigation through mandatory measures; and finally, significant restrictions. Each type of order builds upon the prior and requires compliance with any provisions of a previous, less stringent order. For example, when a drought emergency necessitates a mandatory reduction order, all provisions of any prior advisory or voluntary reduction order not modified or specifically lifted shall remain in force and effect. The Mayor may issue any order that is necessary based on the conditions of the emergency drought, as authorized in subsection 1-17-6C; they do not have to be issued sequentially. Any City standards or guidelines, as hereafter adopted or amended, for issuing an emergency drought response order are incorporated by reference and made a part of this Section and shall be enforced as requirements of this chapter. A. Advisory Order: The Mayor may enact an advisory order providing information and recommending guidelines for conserving potable water to lessen or prevent worsening of the effects of a drought, including reducing consumption, fixing leaks or other aging water system infrastructure, or upgrading or replacing products and appliances with more efficient models. B. Voluntary Reduction Order: The Mayor may enact a voluntary reduction order, providing specific measures to voluntarily reduce potable water use. 1. The order shall include recommended watering days and times for irrigation purposes. 2. The order should include specific activities applicable to commercial, domestic, and recreational and aesthetic purposes. C. Mandatory Reduction Order: The Mayor may enact a mandatory reduction order, providing specific activities required to reduce potable water use. 1. The order shall establish mandatory watering days and times for irrigation purposes. 2. The order should include a target for potable water use reduction, and include specific activities applicable to commercial, domestic, and recreational and aesthetic purposes that may achieve that target. 3. The order may include certain recreational and aesthetic purposes that are prohibited, such as refilling noncommercial, privately-owned pools or hot tubs or operating water fountains or features that do not support aquatic life. 4. The order may limit the days or times potable water may be used for certain commercial purposes. D. Mandatory Cessation Order: The Mayor may enact a mandatory cessation order, providing specific activities to cease in order to significantly reduce potable water use. 1. The order shall either prohibit potable use for irrigation purposes or enact measures to significantly restrict potable water use for irrigation purposes. Significant restrictions shall include irrigation purposes that are: prohibited in certain geographical areas or on certain features, for example golf courses, except for the greens; limited by square footage of lands; and, for those irrigation purposes still allowed, establish mandatory methods (such as hand-watering or drip irrigation), watering days and times. 2. The order shall either prohibit potable water use for recreational and aesthetic purposes or enact measures to significantly restrict potable water use for such recreational and aesthetic purposes. Significant restrictions shall specify which recreational and aesthetic purposes are still allowed, the reasons therefore, and the conditions under which they are still allowed. 3. The order shall include a target for potable water use reduction, and include required activities applicable to commercial purposes that may achieve that target, such as serving drinking water in restaurants only as requested by the customer. The order should include activities applicable to domestic purpose that may achieve that target. 4. The order may include any other reasonable provisions that are necessary to restrict potable water use, such as delaying new landscape work or prohibiting the use of water for dust control or compaction until the water shortage has ended. (Ord. 28-26, 6-30-2026)

Boise City Code § 1-17-8 PROCESS FOR ENACTING EMERGENCY DROUGHT RESPONSE ORDERS

1-17-8: PROCESS FOR ENACTING EMERGENCY DROUGHT RESPONSE ORDERS: Upon a declaration of a drought emergency, the Mayor may issue an emergency drought response order in the following manner. A. Enactment Of Order: The Mayor shall prepare a written emergency drought response order and publish it pursuant to this section as soon as practical after signature. B. Consultation With City Council: When practical, the Mayor should consult with City Council prior to the enactment of an emergency drought response order. Consultation with City Council, however, is not required before enactment. C. City Council Ratification Or Rescission: A majority of Council members shall ratify or rescind an emergency drought response order issued by the Mayor at the next duly-noticed City Council meeting. D. Publication Of An Emergency Drought Response Order: As soon as possible and prudent under the circumstances, the Mayor shall cause any emergency drought response order to be published by: 1. Posting the order prominently in all external public entrances at Boise City Hall; 2. Posting the order on the City's website; 3. E-mailing the order to all persons subscribed to City e-mail notification services; 4. Posting the order to City's social media account(s); 5. Providing the order to local media outlets; 6. Notifying local government agencies, school districts, and hospitals located in Ada County, the Ada County Highway District, and other adjacent municipalities; and 7. Providing information about the order to be sent with city utility billings. E. Term Of Order: Every emergency response order shall include an effective date and an expiration date that shall be no more than ninety (90) days from the effective date. F. Extension Of Order: The Mayor may extend any emergency drought response order for subsequent terms as set forth above. Any such extension must be published as set forth in subdivision D. G. Termination Of Authority: The Mayor's authority to issue an emergency drought response order shall cease upon termination of the underlying emergency, as indicated by returning to an abnormally dry or lesser category in the U.S. Drought Monitor, Drought Index for Ada County. When the emergency has ended, the information shall be published in the manner as provided for in subsection D of this section. (Ord. 28-26, 6-30-2026)

Boise City Code § 1-17-9 EXEMPTIONS

1-17-9: EXEMPTIONS: Unless otherwise specifically prohibited by an emergency drought response order duly enacted by the Mayor, the following uses of potable water shall be exempt from the scope of such order: A. For domestic purposes; B. Necessary to operate critical infrastructure; C. For fire protection; D. Necessary to operate and use medical facilities and services; E. Emergency construction repairs or dust mitigation, authorized by written permission from the City; F. Necessary to grow, buy, sell, or otherwise deliver food and necessities (including for irrigation purposes for gardens or pasture); G. By the public school district on school properties, but only to the extent subject to a mandatory cessation order; and H. Any other use declared by the Mayor to be necessary for the public health or the prevention of severe economic or other environmental impacts. (Ord. 28-26, 6-30-2026)

Boise City Code § 1-17-10 SUSPENSION AND WAIVER OF CERTAIN CITY ACTIVITIES

1-17-10: SUSPENSION AND WAIVER OF CERTAIN CITY ACTIVITIES: During a declaration of a public health emergency and upon issuance of an emergency drought response order, the Mayor may suspend certain non-essential or discretionary City activities as deemed necessary and advisable given the specific drought emergency and in consideration of the health of employees and the general public, which may include but are not limited to; A. Irrigation of parks, golf courses and other open spaces for public use; B. Operation of fountains or other aesthetic water features; or C. Such programs as deemed necessary to protect the health and welfare of City employees and residents. (Ord. 28-26, 6-30-2026)

Boise City Code § 1-17-11 FORCE MAJEURE

1-17-11: FORCE MAJEURE: In the context of this chapter, the declaration of a drought emergency is a force majeure. No person shall be entitled to recover from the City of Boise any costs incurred, or profits lost, as may be alleged to be attributed to the enactment of an emergency drought response order. (Ord. 28-26, 6-30-2026)

Boise City Code § 1-17-12 RECONSIDERATION

1-17-12: RECONSIDERATION: A. Any affected person aggrieved by an emergency drought order may request reconsideration by the City Council of the decision to ratify the order. The decision is not considered final and no application for judicial review of the decision may be filed until reconsideration of the decision pursuant to this Section has been requested and the provisions below have been completed. The statutory 28-day timeframe for filing an application for judicial review is tolled until a written decision upon reconsideration has been made, or until 30 calendar days after the request for reconsideration is filed, whichever occurs first. If no decision on a request for reconsideration is made within 30 calendar days, the request is deemed denied. A request for reconsideration shall be filed within 14 calendar days after the decision was made. B. The City Council may, but is not required to, provide a public hearing on the request for reconsideration with proper public notice. C. A request for reconsideration may be granted, denied, or deferred. If granted, the City Council may modify or rescind all or portions of the applicable emergency drought order. D. A decision on a reconsideration is not appealable. (Ord. 28-26, 6-30-2026)

Boise City Code § 1-17-13 ENFORCEMENT

1-17-13: ENFORCEMENT: Police officers and code compliance officers shall be allowed to enforce the provisions of this chapter. (Ord. 28-26, 6-30-2026)

Boise City Code § 1-17-14 PENALTY

1-17-14: PENALTY: It shall be unlawful to violate any provision or directive of a duly enacted emergency drought response order. A violation of this chapter shall be an infraction for a first offense and be punishable by a fine as provided in section 1-4-2 of this Code, exclusive of court costs. A second or subsequent violation of this chapter shall be a misdemeanor, punishable by a fine as provided in section 1-4-1 of this Code. (Ord. 28-26, 6-30-2026)

Source: Boise City, Idaho, City Code and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/boise_id/latest/boise/0-0-0-35896Fetched: 11/1/2026