Emergency Water Regulations

San Diego Municipal Code ch. 6, art. 7, div. 38

in effect

San Diego Municipal Code § 67.3801 Declaration of Necessity and Intent

§67.3801 Declaration of Necessity and Intent (a) This Division establishes water management requirements necessary to conserve water, enable effective water supply planning, assure reasonable and beneficial use of water, prevent waste of water, prevent unreasonable use of water, prevent unreasonable method of use of water within the City of San Diego Water Department service area in order to assure adequate supplies of water to meet the needs of the public, and further the public health, safety, and welfare, recognizing that water is a scarce natural resource that requires careful management not only in times of drought, but at all times. (b) In addition to the general provisions of section 67.3803, this Division incorporates by reference the City’s Water Shortage Contingency Plan, which includes all provisions of California Water Code section 10632, as may be amended, to be implemented during times of declared water shortage emergencies. The Water Shortage Contingency Plan establishes levels of drought response actions to be implemented in times of shortage, with increasing restrictions on water use in response to worsening drought conditions and decreasing available water supplies. (Renumbered from Sec. 67.38 and retitled to “Declaration of Emergency” on 10-19-1998 by O-18596 N.S.) (Former Section 67.3801 repealed and added “Declaration of Necessity and Intent” 12-15-08 by O-19812 N.S; effective 1-14-2009.) (Amended 6-15-2026 by O-22105 N.S.; effective 7-15-2026.)

San Diego Municipal Code § 67.3802 Definitions

§67.3802 Definitions For purposes of this Division, defined terms appear in italics. The following definitions apply in this Division: Cascading Fountain means a water feature with a flow which does not eject water up into the air. Customer means any person, corporation, public or private entity, public or private association, public or private agency, government agency or institution, school district, college, university, or any other user of water provided by the City of San Diego. Days are defined as calendar days, unless otherwise indicated. Disaster means a catastrophic, naturally occurring or man-made event, including earthquake, flood, fire, riot, or storm, for which a state of emergency has been declared by the President of the United States, the Governor of California, or the executive officer or legislative body of the City or County of San Diego. Drought means any shortage in water supply based upon expected demand that is caused by hydrological, environmental, legislative, judicial actions, or by infrastructure failure. Functional turf means a ground cover surface of turf located in a recreational use area or community space. Functional turf does not include turf enclosed by fencing or other barriers to permanently preclude human access for recreation or assembly. Grower means a customer engaged in the growing or raising, in conformity with recognized practices of husbandry, for the purpose of commerce, trade, or industry, or for use by public educational or correctional institutions, of agricultural, horticultural or floricultural products, and produced: (1) for human consumption or for the market, or (2) for the feeding of fowl or livestock produced for human consumption or for the market, or (3) for the feeding of fowl or livestock for the purpose of obtaining their products for human consumption or for the market. Grower does not refer to customers who purchase water subject to the Metropolitan Interim Agricultural Water Program or the San Diego County Water Authority Special Agricultural Rate Programs. Industrial Use means any of the following Subcategories of the Industrial Use Category in San Diego Municipal Code section 131.0112(a)(10): (A) Heavy Manufacturing; (B) Light Manufacturing; or (D) Research and Development. Measurable Rainfall means a period during and within 48 hours after rainfall of 1/8 of an inch or more recorded at the nearest reporting weather station for the customer. Metropolitan means the Metropolitan Water District of Southern California. Non-functional turf means any turf that is not functional turf, and includes turf located within right-of-way and parking lots. Ornamental Fountain means a water feature with an external forced flow or stream of water against gravity that is not used for recreational purposes or to support aquatic life. Potted Plant means any plant or group of plants contained in a pot or other receptacle that can be moved, including plants on boards, bark, driftwood or airplants (epiphytes). Ch. Art. Div. 6 7 38 2 Recreational Fountain means any recreational structure, other than swimming pools or spa pools, which is open to the general public, or which may be open to the general public, and uses re-circulated water in which people come into contact. This includes water features, interactive fountains, water slides, waterfalls, or combinations of such water features. Water features not intended for human contact, such as ornamental fountains, are not included. Right-of-way has the same meaning as Public Right-of-way in San Diego Municipal Code section 113.0103, as may be amended. Shortage Response Actions means the supply shortage mitigation tools that can be implemented through the Water Shortage Contingency Plan and are a mix of prohibitions on end use, consumption reduction methods, supply augmentation, and operational change measures. Turf means a ground cover surface of grass that is mowed and maintained. Water Authority means the San Diego County Water Authority. Water Conservation means the efficient management of water resources for beneficial uses, preventing waste, or accomplishing additional benefits with the same amount of water. Water Shortage Contingency Plan means the City’s contingency plan in the event of a declared water emergency or enactment of more stringent restrictions on water use as required by the California Department of Water Resources. Water Shortage Level means the progressive range of water supply shortages and defined shortage response actions as provided in the Water Shortage Contingency Plan. (Renumbered from Sec. 67.38.1 and retitled to “Comprehensive Water Conservation Plan” on 10-19-1998 by O-18596 N.S.) (Former Section 67.3802 repealed and added “Definitions”12-15-08 by O-19812 N.S; effective 1-14-2009.) (Amended 10-28-2009 by O-19904 N.S.; effective 11-27-2009.) (Amended 6-29-2015 by O-20517 N.S.; effective 6-29-2015.) (Amended 8-4-2016 by O-20699 N.S.; effective 9-3-2016.) (Amended 11-20-2019 by O-21156 N.S.; effective 12-20-2019.) (Amended 6-15-2026 by O-22105 N.S.; effective 7-15-2026.)

San Diego Municipal Code § 67.3803 Water Waste Prohibitions

§67.3803 Water Waste Prohibitions To prevent the waste of water and to promote water conservation, each of the following actions is prohibited, except where necessary to address an immediate health and safety need or to comply with a term or condition in a permit issued by a state or federal agency: (a) Using potable water for the irrigation of non-functional turf for commercial, industrial, and institutional properties per timelines and requirements set forth in California Water Code section 10608.14, as may be amended. Section 67.3803(a) shall not apply to turf irrigated with recycled water or to functional turf. (b) Applying potable water to outdoor landscapes in a manner that causes irrigation runoff or uncorrected leaks such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures. (c) Failing to repair or stop water leaks upon discovery or within 72 hours of notification by the City of San Diego. (d) Washing down sidewalks, driveways, parking areas, tennis courts, or other paved areas without using a power washer or a hose with a shutoff nozzle. Washing any paved areas is only allowed to alleviate immediate safety or sanitation hazards. Wash water shall be collected and prevented from leaving the property and entering the municipal separate storm sewer system under Chapter 4, Article 3, Division 3 of this Code. (e) Overfilling swimming pools and spas. (f) Using non-recirculating ornamental fountains or cascading fountains. (g) Washing vehicles at non-commercial vehicle washes. (h) Using a hose that dispenses potable water to wash a vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use. (i) Using single pass-through cooling systems as part of water service connections. Using non-recirculating systems in all conveyer car wash and commercial laundry systems. (j) Serving drinking water other than upon request in eating or drinking establishments, including restaurants, hotels, cafes, cafeterias, bars, or other public places where food or drink are served or purchased. Ch. Art. Div. 6 7 38 4 (k) Operating a hotel or motel without providing guests the option of choosing not to have towels and linens laundered daily or prominently displaying notice of this option in each guestroom using clear and easily understood language. (l) Irrigating potted plants, non-commercial vegetable gardens and fruit trees, residential and commercial landscapes, including golf courses, parks, school grounds and recreation fields, from 10:00 a.m. to 6:00 p.m. A customer may irrigate at any time the following: (1) as required by a landscape permit; (2) for erosion control; (3) for establishment, repair, or renovation of public use fields for schools and parks; (4) for landscape establishment following a disaster. Such irrigation is permitted for a period of up to two months, after which a hardship variance is required in accordance with section 67.3806. (5) for renovation or repair of an irrigation system with an operator present; or (6) for nursery and commercial growers using a hand-held hose equipped with a positive shut-off nozzle, a hand-held container, or when a drip or micro-irrigation system or equipment is used. Irrigation of nursery propagation beds is permitted at any time. (m) The irrigation with potable water of non-functional turf on public street medians. (n) The irrigation with potable water of landscapes outside of newly constructed homes and buildings in a manner inconsistent with regulations or other requirements established by the California Building Standards Commission and the Department of Housing and Community Development. (o) The application of potable water to outdoor landscapes during and within 48 hours after measurable rainfall. (Renumbered from Sec. 67.38.2 and amended 10-19-1998 by O-18596 N.S.) (Former Section 67.3803 repealed and added “Water Waste Prohibitions” 12-15-08 by O-19812 N.S; effective 1-14-2009.) (Amended 12-7-2010 by O-20008 N.S.; effective 1-6-2011.) (Amended 10-3-2011 by O-20093 N.S.; effective 11-2-2011.) (Amended 6-29-2015 by O-20517 N.S.; effective 6-29-2015.) (Amended 8-4-2016 by O-20699 N.S.; effective 9-3-2016.) (Amended 6-15-2026 by O-22105 N.S.; effective 7-15-2026.)

San Diego Municipal Code § 67.3804 Application

§67.3804 Application (a) This Division applies to any customer in the use of any water provided by the City of San Diego. (b) This Division is intended solely to further the conservation of water. It is not intended to implement or replace any provision of federal, state, or local statutes, ordinances, or regulations relating to protection of water quality or control of drainage or runoff. (c) Nothing in this Division is intended to affect or limit the ability of the City Manager to declare and respond to an unforeseeable disaster or water emergency such as an earthquake, drought, aqueduct break, or other major disruption in the water supply, pursuant to the City Charter or other provisions of this Code. (d) This Division is intended to identify permanent water use restrictions applicable to customers. The City Manager, at the City Manager’s discretion, may implement additional Shortage Response Actions through the Water Shortage Contigency Plan based on the current state of the City’s water supply and statewide restrictions. The Shortage Response Actions presented in the Water Shortage Contingency Plan represent a range of actions that can be used in combination, depending on the severity and duration of the shortage. The mix of Shortage Response Actions taken in any given Water Shortage Level is designed to produce an additional 10 percent of demand reductions above the previous Water Shortage Level’s reduction. (e) This Division does not apply to use of water from private wells or to reclaimed water, or the use of grey water systems. (f) This Division does not apply to use of water that is subject to a special supply program, such as the Metropolitan Interim Agricultural Water Program or the Water Authority Special Agricultural Rate Programs. Violations of the conditions of special supply programs are subject to the penalties established under the applicable program. A customer using both water subject to a special supply program and other water provided by the City of San Diego is subject to this Division in the use of water provided by the City of San Diego. Ch. Art. Div. 6 7 38 6 (g) The use of potable water by any customer for Industrial Use, including the evaporative cooling of Industrial Use facilities, is exempt from the provisions of section 67.3805 if all of the following conditions are met to the satisfaction of the City Manager: (1) The customer has satisfactorily implemented the Best Management Practices identified by the City Manager; and (2) The customer is in compliance with the California Plumbing Code, title 24, part 5 of the California Code of Regulations, including using all applicable water-conserving fixtures and fittings on the premises to the fullest extent possible. (h) If a customer’s premises is located in an area where City reclaimed water is available for use by direct connection to the City’s reclaimed water infrastructure, the use of potable water by that customer for Industrial Use, including the evaporative cooling of Industrial Use facilities, is exempt from the provisions of section 67.3805, if all of the following conditions are met to the satisfaction of the City Manager: (1) the customer uses reclaimed water on its premises to the fullest extent possible, including in landscape irrigation and evaporative cooling, if applicable; and (2) The customer is in compliance with the California Plumbing Code, title 24, part 5 of the California Code of Regulations, including using all applicable water-conserving fixtures and fittings on the premises to the fullest extent possible. (i) This Division does not apply to areas serviced by the Parks and Recreation Department, including public right-of-way, and street trees, or areas with significant public benefit requiring enhanced irrigation schedules, such as public parks. Irrigation of the areas serviced by the Parks and Recreation Department shall be operated and maintained according to a schedule determined by the City Manager. (Renumbered from Sec. 67.38.3, retitled to “Authority to Implement Water Conservation Stages” and amended 10-19-1998 by O-18596 N.S.) (Former Section 67.3804 repealed and added “Application” 12-15-08 by O-19812 N.S; effective 1-14-2009.) (Amended 6-29-2015 by O-20517 N.S.; effective 6-29-2015.) (Amended 11-20-2019 by O-21156 N.S.; effective 12-20-2019.) (Amended 6-15-2026 by O-22105 N.S.; effective 7-15-2026.)

San Diego Municipal Code § 67.3805 Procedures for Determination and Notification of Water Shortage Level

§67.3805 Procedures for Determination and Notification of Water Shortage Level (a) The existence of Water Shortage Levels 1 or Level 2 may be declared upon recommendation by the City Manager and resolution of the City Council, upon a written determination of the existence of the facts and circumstances supporting the determination. A copy of the written determination shall be filed with the City Clerk. The City Manager shall publish a notice of the determination of existence of Water Shortage Level 1 or Level 2 conditions in a newspaper. The City of San Diego may also post notice of the condition on its website. The Public Utilities Department shall monitor the projected supply and demand for water during periods of emergency or drought and shall recommend to the City Manager the extent of the conservation required. The City Manager shall recommend to the City Council the implementation or termination of the appropriate level of water conservation in accordance with this Division. (b) The existence of Water Shortage Levels 3, 4, or 5 may be declared upon recommendation by the City Manager and resolution of the City Council. The mandatory conservation measures applicable to Water Shortage Levels 3, 4, or 5 conditions shall take effect on the tenth day after the date the Water Shortage Level is declared by final passage of the resolution. Within five days following the declaration of the Water Shortage Level, the City Manager shall publish a notice giving the extent, terms and conditions respecting the use and consumption of water a minimum of one time for three consecutive days in a newspaper. If the City Council adopts a water allocation, the City Manager shall publish notice of this adoption in a newspaper. Water allocation shall be effective on the fifth day following the date of publication or at such later date as specified in the notice. (c) The existence of a Water Shortage Level 6 condition may be declared upon recommendation by the City Manager and resolution of the City Council and in accordance with the procedures specified in the California Water Code and Water Shortage Contingency Plan. The mandatory conservation measures applicable to Water Shortage Level 6 conditions shall take effect on the tenth day after the date the Water Shortage Level is declared by final passage of the resolution. Within five days following the declaration of the Water Shortage Level, the City Manager shall publish a notice giving the extent, terms and conditions respecting the use and consumption of water in a newspaper. If the City Council adopts a water allocation, the City Manager shall publish notice of the allocation in a newspaper. Water allocation shall be effective on the fifth day following the date of publication or at such later date as specified in the notice. Ch. Art. Div. 6 7 38 8 (d) The City of San Diego may declare an end to Water Shortage Levels 1, 2, 3, 4, 5, and 6 upon recommendation of the City Manager and resolution by the City Council. (Renumbered from Sec. 67.38.8 and amended 10-19-1998 by O-18596 N.S.) (Former Section 67.3809 repealed and added “Procedures for Determination and Notification of Drought Response Level” 12-15-08 by O-19812 N.S; effective 1-14-2009.) (Renumbered from former Section 67.3809 to Section 67.3805, retitled from “Procedures for Determination and Notification of Drought Response Level” to “Procedures for Determination and Notification of Water Shortage Level” and amended 6-15-2026 by O-22105 N.S.; effective 7-15-2026. Former Section 67.3805 “Drought Response Level 1 – Drought Watch Condition” repealed.)

San Diego Municipal Code § 67.3806 Hardship Variance

§67.3806 Hardship Variance (a) If, due to unique circumstances, a specific requirement of this Division would result in undue hardship to a customer using City of San Diego water or to property upon which City of San Diego water is used, that is disproportionate to the impacts to City of San Diego water users generally or to similar property or classes of water uses, then the customer may apply for a variance to the requirements as provided in section 67.3806. (b) The variance may be granted or conditionally granted, only upon a written finding of the existence of facts demonstrating an undue hardship to a customer using City of San Diego water or to property upon which City of San Diego water is used, that is disproportionate to the impacts to City of San Diego water users generally or to similar property or classes of water user due to specific and unique circumstances of the user or the user’s property. (1) Application. Application for a variance will be in written form prescribed by the City Manager and will be accompanied by a non-refundable processing fee in an amount set by resolution of the City Council. (2) Supporting Documentation. The written application will be accompanied by photographs, maps, drawings, or other pertinent information as applicable, including a written statement of the applicant. (3) Approval Authority. The City Manager will exercise approval authority and act upon any completed application after submittal and may approve, conditionally approve, or deny the variance. The applicant requesting the variance will be promptly notified in writing of any action taken. The decision of the City Manager is final. Unless specified otherwise at the time a variance is approved, the variance applies to the subject property during the term of the mandatory drought response. (4) Required Findings for Variance. (A) Except as set forth in section 67.3806(b)(4)(B), an application for a variance will be denied unless the City Manager finds, based on the information provided in the application, supporting documents, or such additional information as may be requested, and on water use information for the property as shown by the records of the City of San Diego, all of the following: (i) that the variance does not constitute a grant of special privilege inconsistent with the limitations upon other City of San Diego customers; and (ii) that because of special circumstances applicable to the property or its use, the strict application of this Division would have a disproportionate impact on the property or use that exceeds the impacts to customers generally; and (iii) that the authorizing of such variance will not be of substantial detriment to adjacent properties, and will not materially affect the ability of the City of San Diego to effectuate the purpose of this Division and will not be detrimental to the public interest; and (iv) that the condition or situation of the subject property or the intended use of the property for which the variance is sought is not common, recurrent or general in nature. Ch. Art. Div. 6 7 38 10 (B) An application for variance will be denied unless the City Manager finds, based on the information provided in the application, supporting documents, or such additional information as may be requested, and on water use information for the property as shown by the records of the City of San Diego, either of the following: (i) that the property has been adversely impacted by a disaster; or (ii) that proposed alternative water use restrictions for the property would result in greater water savings than the existing water use restrictions. (5) No relief will be granted to any customer for any reason in the absence of a showing by the customer that the customer has achieved the maximum practical reduction in water consumption in the customer’s residential, commercial, industrial, institutional, agricultural, or governmental water consumption. (Renumbered from Sec. 67.38.9 on 10-19-1998 by O-18596 N.S.) (Former Section 67.3810 repealed and added “Hardship Variance” 12-15-08 by O-19812 N.S; effective 1-14-2009.) (Amended 10-28-2009 by O-19904 N.S; effective 11-27-2009.) (“Hardship Variance” renumbered from former Section 67.3810 to Section 67.3806 and amended 6-15-2026 by O-22105 N.S.; effective 7-15-2026. Former Section 67.3806 “Drought Response Level 2 – Drought Alert Condition” repealed.)

San Diego Municipal Code § 67.3807 Violations and Penalties

§67.3807 Violations and Penalties It is unlawful for any customer to violate the mandatory provisions of this Division. Violations are subject to criminal, civil, and administrative penalties and remedies as provided in Chapter 1 of this Code. In addition, service of water may be discontinued or appropriately limited through the installation of flow-restricting devices to any customer who willfully uses water in violation of this Division. (Renumbered from Sec. 67.39 and retitled to “Publication of Terms of Water Use” on 10-19-1998 by O-18596 N.S.) (Former Section 67.3811 repealed and added “Violations and Penalties” 12-15-08 by O-19812 N.S; effective 1-14-2009.) (“Violations and Penalties” renumbered from former Section 67.3811 to Section 67.3807 on 6-15-2026 by O-22105 N.S.; effective 7-15-2026. Former Section 67.3807 “Drought Response Level 3 – Drought Critical Condition” repealed.)

Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter06/Ch06Art07Division38.pdf#page=1Fetched: 10/28/2026