Category Archives: WATER WARS

WATER LAWS – Fines, Restrictions POLICED . . .Chapter 74 – UTILITIES | Code of Ordinances | Palm Beach Gardens, FL | Municode Library

WATER LAWS – Fines, Restrictions POLICED . . .Chapter 74 – UTILITIES | Code of Ordinances | Palm Beach Gardens, FL | Municode Library
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  • Chapter 74 – UTILITIES[1]
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  • ARTICLE I. – IN GENERAL
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  • Secs. 74-1—74-35. – Reserved.
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  • ARTICLE II. – WATER CONSERVATION
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  • Sec. 74-36. – Definitions.
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    The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

    Code enforcement office/code inspector means any authorized agent or employee of the city whose duty is to ensure compliance with the provisions of this article, including, but not limited to, designated employees of the police, building, code enforcement, and public works departments.

    Impervious means land surfaces which do not allow the penetration of water including paved roads, sidewalks, driveways, parking lots and highly compacted areas including shell and clay.

    Low-volume irrigation system (microirrigation) means that type of equipment or irrigation device designed to provide small quantities of water on or below the soil surface as drops or tiny streams of spray through emitters or applicators placed along a water delivery line. Microirrigation includes methods or concepts such as bubbler, drip, trickler, mist, or microspray, and subsurface irrigation.

    (Code 1987, § 51.05)

    Cross reference— Definitions generally, § 1-2.

  • Sec. 74-37. – Applicability.
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    All provisions of this article shall be effective within the incorporated areas of the city, and shall set restrictions, constraints and prohibitions to enhance the city’s water resources and provide a permanent water conservation measure. Unless otherwise provided, nothing in this article shall be construed to relieve any person from compliance with any applicable regulations enacted by any agency of the state having jurisdiction over water resources in the city.

    (Code 1987, § 51.02)

  • Sec. 74-38. – Purpose.
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    The purpose of this article is to establish a regulatory framework and guidance document which will help ensure that water and landscape irrigation conservation will be consistent throughout the city.

    (Code 1987, § 51.04)

  • Sec. 74-39. – Hours restricted.
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    Irrigation of any residential, commercial, institutional, governmental or industrial landscape areas shall be restricted to the hours of 5:00 p.m. to 9:00 a.m.

    (Code 1987, § 51.20)

  • Sec. 74-40. – Waste prohibited.
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    It shall be unlawful to operate or cause the operation of any irrigation system or device in a manner causing water to be wasted, including but not limited to unnecessary watering of impervious areas.

    (Code 1987, § 51.21)

  • Sec. 74-41. – Water sensing devices.
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    Upon the effective date of the ordinance from which this article was derived new installations of automatic irrigation systems providing coverage of greater than one acre of irrigated area shall be equipped with a water sensing device which will automatically discontinue irrigation during periods of rainfall.

    (Code 1987, § 51.22)

  • Sec. 74-42. – Exemptions.
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    The following activities shall be exempt from the provisions of this article:

    (1)

    Landscape irrigation by hand watering.                                   

    (2)

    Landscape irrigation by systems from which the sole source is treated wastewater effluent.                                  

    (3)

    The operation of irrigation systems for system repair and maintenance.                                   

    (4)

    Flushing of water mains required for normal water main clearance and maintenance and for maintenance of water quality; however, where practical, contractors and utilities shall direct flushed water into pervious areas, flush at the minimum rate necessary for cleaning and disperse the water in such a manner to benefit local vegetation.

    (5)

    Landscape irrigation for purposes of watering in fungicides, insecticides and herbicides as required by the manufacturer or by federal or state laws.

    (Code 1987, § 51.23)

  • Sec. 74-43. – Enforcement; penalty.
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    (a)

    Failure to comply with the requirements of this article shall constitute a violation of a city ordinance, and may be punished as provided by section 2-186 et seq. Each day in violation of this article shall constitute a separate offense. Violations of the provisions of this article may also be punished, pursuant to F.S. ch. 162 by a fine not to exceed $250.00 per day for a first violation, and $500.00 per day for a repeat violation.

    (b)

    In addition to the sanctions contained herein, the city may take appropriate action, including but not limited to administrative action and requests for temporary and permanent injunctions, to enforce the provisions of this article.

    (c)

    Violations of this article, punishable by civil fine pursuant to F.S. ch. 162 shall be referred to the code enforcement board.

    (d)

    All monies collected pursuant to this article shall be deposited in the general fund of the city.                            

    (Code 1987, § 51.99)

  • Secs. 74-44—74-60. – Reserved.
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  • ARTICLE III. – STORMWATER SYSTEM[2]
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  • Sec. 74-61. – Definitions.
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    The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

    Authorized official means any employee of the city authorized in writing by the director to administer or enforce the provisions of this article.

    Director means the director of public works.

    Discharge means any direct or indirect entry of any solid, liquid or gaseous matter.

    Site of industrial activity means any area or facility used for manufacturing, processing or raw materials storage, as defined under 40 CFR 122.26(a)(14) of regulations of the U.S. Environmental Protection Agency, as amended.

    Stormwater means any stormwater runoff, and surface runoff and drainage.

    Stormwater system means the system of conveyances used for collecting, storing, and transporting stormwater owned by the city but not including any facilities intended to be used in accordance with applicable law for collecting and transporting sanitary or other wastewater.

    (Code 1987, § 102.01)

    Cross reference— Definitions generally, § 1-2.

  • Sec. 74-62. – Enforcement.
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    (a)

    Injunctive relief. Any violation of any provision of this article, or of any regulation or order issued hereunder, shall be subject to injunctive relief if necessary to protect the public health, safety or general welfare.

    (b)

    Continuing violation. A person shall be deemed guilty of a separate violation for each and every day during any continuing violation of any provision of this article or of any regulation or permit issued hereunder.

    (c)

    Enforcement actions. The director may take all actions necessary, including the issuance of notices of violation and the filing of court actions and/or referral of this matter to the code enforcement board to require and enforce compliance with the provisions of this article and with any regulation or permit issued hereunder.

    (Code 1987, § 102.05)

  • Sec. 74-63. – Inspections and monitoring.
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    Whenever necessary to make an inspection to enforce any of the provisions of this article, or regulation or permit issued hereunder, or whenever an authorized official has reasonable cause to believe there exists any condition constituting a violation of any of the provisions of this article, or regulation or permit issued hereunder, any authorized official may enter any property, building or facility at any reasonable time to inspect the same or to perform any duty related to (including but not limited to a site of industrial activity) to undertake such reasonable monitoring of any discharges to the stormwater system and to furnish periodic reports.

    (Code 1987, § 102.06)

  • Sec. 74-64. – Industrial activity.
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    (a)

    General provisions. Any discharge into the stormwater system in violation of any federal, state, county, municipal or other law, rule, regulation or permit is prohibited.

    (b)

    Specific prohibitions. By adoption of industrial activity stormwater regulations or by issuance of industrial activity stormwater permits, or both, the director may impose reasonable limitations as to the quality of stormwater (including without limitation the designation of maximum levels of pollutants) discharged into the stormwater system from sites of industrial activity. Any promulgation of such regulations and issuance of permits by the director shall be in accordance with applicable law.

    (c)

    Administrative order. The director may issue an order to any person to immediately cease any discharge determined by the director to be in violation of any provision of this article, or in violation of any regulation or permit issued hereunder.

    (d)

    NPDES permits. Any person who holds a National Pollutant Discharge Elimination System (NPDES) permit shall provide a copy of such permit to the director no later than the latter of: 60 calendar days after the effective date of the ordinance from which this article was derived or 60 calendar days after issuance.

    (Code 1987, § 102.02)

  • Sec. 74-65. – Illicit discharges.
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    (a)

    General prohibitions. Except as set forth in subsection (c) of this section or as in accordance with a valid NPDES permit, any discharge to the stormwater system that is not composed entirely of stormwater is prohibited.

    (b)

    Specific prohibitions. Any discharge to the stormwater system containing any sewage, industrial waste or other waste materials, or containing any materials in violation of federal, state, county, municipal, or other laws, rules, regulations, orders or permits, is prohibited.

    (c)

    Authorized exceptions. Unless the director determines that it is not properly managed or otherwise is not acceptable, the following discharges are exempt from the general prohibition set forth in subsection (a) of this section: flows from firefighting, water line flushing and other contributions from potable water sources, landscape irrigation and lawn watering, irrigation water, diverted stream flows, rising groundwaters, direct infiltration to the stormwater system, uncontaminated pumped groundwater, foundation and footing drains, water from crawl space pumps, air conditioning condensation, springs, individual residential car washings, flows from riparian habitats and wetlands, and dechlorinated swimming pool contributions.

    (d)

    Illicit connections. No person may maintain, use or establish any direct or indirect connection to the stormwater system that results in any discharge in violation of this article. This prohibition is retroactive and applies to connections made in the past, regardless of whether made under a permit, or other authorization, or whether permissible under laws or practices applicable or prevailing at the time the connection was made.

    (e)

    Administrative order. The director may issue an order to any person to immediately cease any discharge, or any connection to the stormwater system, determined by the director to be in violation of any provision of this article, or in violation of any regulation or permit issued hereunder.

    (Code 1987, § 102.03)

  • Sec. 74-66. – Spills and dumping.
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    (a)

    General prohibitions. Except as set forth in section 74-65, or as in accordance with a valid NPDES permit, any discharge to the stormwater system that is not composed entirely of stormwater is prohibited.

    (b)

    Specific prohibitions. Any discharge to the stormwater system containing any sewage, industrial waste or other waste materials, or containing any materials in violation of federal, state, county, municipal, or other laws, rules, regulations, orders or permits, is prohibited.

    (c)

    Notification of spills. As soon as any person has knowledge of any discharge to the stormwater system in violation of this article, such person shall immediately notify the director by telephone or other direct means and if such person is directly or indirectly responsible for such discharge, then such person shall also take immediate action to ensure the containment and cleanup of such discharge and shall confirm such telephone notification in writing to the director within three calendar days.

    (d)

    Administrative order. The director may issue an order to any person to immediately cease any discharge, or connection to the stormwater system, determined by the director to be in violation of any provision of this article, or in violation of any regulation or permit issued hereunder.

    (Code 1987, § 102.04)

  • Secs. 74-67—74-70. – Reserved.
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  • ARTICLE IV. – WATER SHORTAGE REGULATIONS
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  • Sec. 74-71. – Intent and purpose.
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    The intent and purpose of this article is to protect the water resources of the City of Palm Beach Gardens from the harmful effects of over utilization during periods of water shortage and allocate available water supplies by assisting the South Florida Water Management District in the implementation of its water shortage plan.

    (Ord. No. 02-2001, § 2, 3-15-01)

  • Sec. 74-72. – Definitions.
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    The following terms, phrases, words and their derivatives, when used in this article, shall have the meanings ascribed to them in this section. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. The word “shall” is always mandatory and not merely directory.

    “District” means the South Florida Water Management District.

    “Person” means any person, firm, partnership, association, corporation, company, or organization of any kind.

    “Water resource” means any and all water on or beneath the surface of the ground, including natural or artificial watercourses, lakes, ponds, or diffused surface water, and water percolating, standing, or flowing beneath the surface of the ground.

    “Water shortage condition” means when sufficient water is not available to meet present or anticipated needs of persons using the water resource, or when conditions are such as to require temporary reduction in total water usage within a particular area to protect the water resource from serious harm.

    “Water shortage emergency” means that situation when the powers which can be exercised under Part II of Chapter 40E-21, Florida Administrative Code, are not sufficient to protect the public health, safety or welfare, or the health of animals, fish or aquatic life, or a public water supply, or commercial, industrial, agricultural, recreational or other reasonable uses.

    (Ord. No. 02-2001, § 2, 3-15-01)

  • Sec. 74-73. – Application of article.
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    (a)

    The provisions of this article shall apply to all persons using the water resource within the geographical areas subject to the “water shortage” or “water shortage emergency,” as determined by the district, whether from public or privately owned water utility systems, private wells, or private connections with surface water bodies.

    (b)

    The article shall not apply to persons using treated effluent or saltwater.                             

    (Ord. No. 02-2001, § 2, 3-15-01)

  • Sec. 74-74. – Amendments to water shortage plan.
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    Chapter 40E-21, Florida Administrative Code, as it may be amended from time to time, is incorporated herein by reference as a part of the Codes of the City of Palm Beach Gardens.

    (Ord. No. 02-2001, § 2, 3-15-01)

  • Sec. 74-75. – Declaration of water shortage; water shortage emergency.
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    The declaration of a water shortage or water shortage emergency within all or part of the City of Palm Beach Gardens by the governing board or executive director of the district shall invoke the provisions of this article. Upon such declaration all water use restrictions or other measures adopted by the district applicable to the City of Palm Beach Gardens, or any portion thereof, shall be subject to enforcement action pursuant to this article. Any violation of the provisions of Chapter 40E-21, Florida Administrative Code, or other any order issued pursuant thereto, shall be a violation of this article.

    (Ord. No. 02-2001, § 2, 3-15-01)

  • Sec. 74-76. – Enforcement.
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    Every law enforcement officer, code enforcement officer, or sheriff having jurisdiction in the area governed by this article shall, in connection with all other duties imposed by law, diligently enforce the provisions of this article.

    (Ord. No. 02-2001, § 2, 3-15-01)

  • Sec. 74-77. – Enforcement; penalties.
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    (a)

    Failure to comply with the requirements of this article shall be subject to the following penalties:                            

    First violation $25.00
    Second violation $250.00
    Third and subsequent violations Fine not to exceed $500.00 and/or imprisonment in the county jail not to exceed 60 days.

    Each day in violation of this article shall constitute a separate offense. In the initial stages of a water shortage or water shortage emergency, law enforcement officials may provide violators with no more than one written warning. The City of Palm Beach Gardens, in addition to the criminal sanctions contained herein, may take any other appropriate legal action, including, but not limited to emergency injunctive action, to enforce the provisions of this article. All monies collected pursuant to this article shall be deposited in the general fund of the City of Palm Beach Gardens.

    (Ord. No. 02-2001, § 2, 3-15-01)

    RESIDENTIAL/COMMUNITY Water-Use Restrictions

    PHASE I MODERATE PHASE II SEVERE PHASE III EXTREME PHASE IV CRITICAL
    LANDSCAPE WATERING
    Lots Under 5 Acres
    •Odd Number Addresses 3 days 2 days 1 day 1 day
    Monday, Wednesday, Saturday Wednesday, Saturday Saturday Saturday
    Irrigation: 4—8 a.m. and Hand Watering: 5—7 p.m. Irrigation: 4—8 a.m. and Hand Watering: 5—7 p.m. Irrigation: 4—7 a.m. and Hand Watering: 5—7 p.m. Irrigation: 6—7 a.m. and Hand Watering: 5—7 p.m.
    •Even Number Addresses 3 days 2 days 1 day 1 day
    Tuesday, Thursday, Sunday Thursday, Sunday Sunday Sunday
    Irrigation: 4—8 a.m. and Hand Watering: 5—7 p.m. Irrigation: 4—8 a.m. and Hand Watering: 5—7 p.m. Irrigation: 4—7 a.m. and Hand Watering: 5—7 p.m. Irrigation: 6—7 a.m. and Hand Watering: 5—7 p.m.
    Lots Over 5 Acres
    •Odd Number Addresses 3 days 2 days 1 day 1 day
    Monday, Wednesday, Saturday Wednesday, Saturday Saturday Saturday
    Irrigation: 12:01—8 a.m. and Hand Watering: 5—7 p.m. Irrigation: 12:01—8 a.m. and Hand Watering: 5—7 p.m. Irrigation: 12:01—7 a.m. and Hand Watering: 5—7 p.m. Irrigation: 4—7 a.m. and Hand Watering: 5—7 p.m.
    •Even Number Addresses 3 days 2 days 1 day 1 day
    Tuesday, Thursday, Sunday Thursday, Sunday Sunday Sunday
    Irrigation: 12:01—8 a.m. and Hand Watering: 5—7 p.m. Irrigation: 12-01—8 a.m. and Hand Watering: 5—7 p.m. Irrigation: 12:01—7 a.m. and Hand Watering: 5—7 p.m. Irrigation: 4—7 a.m. and Hand Watering: 5—7 p.m.
    NEW LANDSCAPING (in place less than 30 days)
    Lots Under 5 Acres 5 days 4 days 3 days 1 day
    Monday through Friday                                                                Monday, Wednesday, Thursday, Friday Monday, Wednesday, Friday Saturday
    Irrigation: 2—8 a.m. Irrigation: 2—8 a.m. Irrigation: 2—7 a.m. Irrigation: 6—7 a.m.
    Lots Over 5 Acres 5 days 4 days 3 days 1 day
    Monday through Friday                                                                Monday, Wednesday, Thursday, Friday Monday, Wednesday, Friday Saturday
    Irrigation: 12:01—8 a.m. Irrigation: 12:01—8 a.m. Irrigation: 12:01—7 a.m. Irrigation: 4—7 a.m.
    All Lots Low volume hand watering/irrigation allowed anytime. 3 days
    Monday, Wednesday, Friday Low volume hand watering/irrigation
    IRRIGATION SYSTEMS (deaning, adjusting, repairing)
    Existing Systems 10 minutes per zone per week. Cleaning and adjusting prohibited.
    New Systems 10 minutes per zone on a one-time basis. Cleaning and adjusting prohibited.
    PESTICIDE APPLICATION
    All lots Application is allowed on the same schedule as landscape watering (with voluntary reduction). If applied outside of the allowed hours, a licensed pesticide technician must be on the premises.
    OTHER
    Car/Boat Washing Allowed 4—8 a.m. according to landscape watering days. Allowed 4—7 a.m. according to landscape watering day. Allowed 6—7 a.m. according to landscape watering day.
    Washing allowed 5—7 p.m. on landscape watering days. Use automatic shut-off nozzle and drain to porous surface.
    Boat Rinsing After Salt Water Use Allowed once a day, up to 15 minutes per boat.
    Boat Washing As Primary Residence Allowed on landscape watering days, based on odd or even slip number.
    Swimming Pool Filling/Refilling Filling or refilling allowed. Must drain to porous surface. Filling of new pool allowed. Refill only if leaking more than one inch per day. Filling or refilling of new or existing pool prohibited.
    Ornamental (aesthetic) Water Uses Operating recirculating water features allowed. Outside/Inside uses prohibited.
    Washing Non-Porous Surface (sidewalks, etc.)                                                                Washing/rinsing with a hose NOT allowed. Low volume pressure cleaning only
    Outside Pressure Cleaning (Low Volume) 7 days Voluntary Reduction 5 days Voluntary Reduction Monday through Friday 2 days Voluntary Reduction Monday, Wednesday

    COMMERCIAL/RECREATION Water-Use Restrictions

    PHASE I MODERATE PHASE II SEVERE PHASE III EXTREME PHASE IV CRITICAL
    IRRIGATION SYSTEMS (deaning, adjusting, repairing)*
    Less Than One Acre Permitted 10 minutes per zone per week.
    One or More Than One Acre Permitted one hour per acre per week.
    PESTICIDE APPLICATION
    Licensed Individual/Company Application is permitted anytime with voluntary reduction.
    MOBILE EQUIPMENT WASHING
    Commercial Establishment Permitted anytime, Limited to 75 gallons or less per vehicle for cars, vans, and small trucks (under 10,000 lbs). Large trucks (over 10,000 lbs.) limited to 150 gallons or less. Permitted 8:00 a.m. 3:00 p.m. Limited to 75 gallons or less per vehicle for cars, vans, and small trucks (under 10,000 lbs.). Large trucks (over 10,000 lbs.) limited to 150 gallons or less.
    Licensed Individual/Company Washing/detailing permitted anytime using low volume methods, voluntary reduction.
    NURSERIES
    Low Volume Irrigation/Hand Watering Permitted anytime, voluntary reduction.
    Overhead Irrigation (inside) Permitted daily, 8:00 a.m.—8:00 p.m. Permitted on odd numbered calendar days, 8:00 a.m.—8:00 p.m. Permitted on odd numbered calendar days, 8:00 a.m.—4:00 p.m.
    Overhead Irrigation (outside) Permitted daily, 7:00 p.m.—7:00 a.m. Permitted on odd numbered calendar days, 7:00 p.m.—7:00 a.m. Permitted on odd numbered calendar days, 12:01—7:00 a.m. Permitted on odd numbered calendar days, 2:00 a.m.—7:00 a.m.
    Moisture Stress Relief for Containerized Nursery (one gallon or less) Permitted daily, 10 minutes per irrigation zone: 11:30 a.m.—12:00 p.m. (noon); 1:30 p.m.—2:00 p.m.; 3:30 p.m.—4:00 p.m.
    Flood Irrigation Permitted 8 days per month. Permitted 6 days per month. Permitted 4 days per month. Permitted 2 days per month.
    LANDSCAPE WATERING                                                                Same schedule as residential landscape watering.
    AGRICULTURE
    Overhead Irrigation (including portable volume guns) Permitted daily 2:00 p.m.—10:00 a.m. Permitted daily 7:00 p.m.—7:00 a.m.
    Moisture Stress Relief (field-grown citrus nursery stock) Permitted daily, 10 minutes per irrigation zone: 11:30 a.m.—12:00 p.m. (noon) 1:30 p.m.—2:00 p.m. Permitted daily, 10 minutes per irrigation zone: 11:30 a.m.—12:00 p.m. (noon); 1:30 p.m.—2:00 p.m.; 3:30 p.m.—4:00 p.m.
    Soil Flooding Permitted for vegetable seed and rice planting, burning sugarcane before harvest, and harvesting of sod.
    GOLF COURSES
    Greens and Tees (only during non-daylight hours for all Phases) Permitted daily during non-daylight hours. GREENS: voluntarily reduced. TEES: front nine holes permitted Monday, Wednesday, Saturday; back nine holes permitted Tuesday, Thursday, Sunday. GREENS: voluntarily reduced. TEES: front nine holes permitted Saturday; back nine holes permitted Sunday.
    Front Nine Fairways, Roughs, Non-playing Areas 3 days Monday, Wednesday, Saturday 12:01 a.m.—8:00 a.m. 2 days Wednesday, Saturday 12:01 a.m.—8:00 a.m. 1 day Saturday 12:01 a.m.—7:00 a.m. 1 day Saturday 4:00 a.m.—7:00 a.m.
    Back Nine Fairways, Roughs, Non-playing Areas 3 days Tuesday, Thursday, Sunday 12:01 a.m.—8:00 a.m. 2 days Thursday, Sunday 12:01 a.m.—8:00 a.m. 1 day Sunday 12:01 a.m.—7:00 a.m. 1 day Sunday 4 a.m.—7:00 a.m.
    Newly Seeded, Sprigged Areas (planted for less than 30 days) Permitted daily, 10 minutes per Irrigation zone: 11:30 a.m.—12:00 p.m. (noon); 1:30—2:00 p.m.; 3:30—4:00 p.m. Permitted daily, 5 minutes per Irrigation zone: 11:30 a.m.—12:00 p.m. (noon); 1:30—2:00 p.m.; 3:30—4:00 p.m. PROHIBITED
    RECREATION AREAS (Watering new or existing landscaping permitted during residential landscape watering schedule.)
    Newly Seeded, Sprigged Areas (planted for less than 30 days) Permitted daily, 10 minutes per Irrigation zone: 11:30 a.m.—12:00 p.m. (noon); 1:30—2:00 p.m.; 3:30—4:00 p.m. Permitted daily, 5 minutes per Irrigation zone: 11:30 a.m.—12:00 p.m. (noon); 1:30—2:00 p.m.; 3:30—4:00 p.m. Less than 5 acres permitted Mon., Wed., Fri., 4:00—7:00 a.m. 5 acres or more permitted Mon., Wed., Fri., 12:01—7:00 a.m. Less than 5 acres permitted Saturday, 6:00—7:00 a.m. 5 acres or more permitted Saturday, 4:00—7:00 a.m.
    Recreation/Sporting Surfaces (porous, non-vegetated) Permitted daily, 10 minutes prior to each event using low volume watering.
    Pressure Cleaning (low volume, voluntary reduction) 7 days 5 days Monday through Friday 2 days Monday, Wednesday
    * For recreation areas, golf courses, nurseries, and other agricultural uses refer to the Water Shortage Rule.

    (Ord. No. 02-2001, § 2, 3-15-01)

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Hell Froze Over As Argentina Embargoes Chevron’s $2 Billion In Assets ~ The Chevron Pit – Contaminated the Rain Forest

Hell Froze Over As Argentina Embargoes Chevron’s $2 Billion In Assets ~ The Chevron Pit – Contaminated the Rain Forest

EXCERPT:

Posted on Thursday, November 08, 2012
Yesterday, hell froze over when an Argentine court embargoed or, in effect, froze up to potentially $19 billion in Chevron assets in the South American country.

Now it’s time to fight it out on the ice.

Chevron, which now has about $2 billion in assets in Argentina, has sworn it will never pay a dime to cleanup the contamination it left behind in the Ecuadorian rainforest. Said former General Counsel Charles James: “Not till hell freezes over, and then we will fight it out on the ice.”

Chevron has defied Ecuador’s courts, refusing to pay an enforceable $19 billion judgment and forcing the Ecuadorians to file lawsuits to seize assets in Ecuador, Brazil, Canada and Argentina to obtain the damage award for one of the world’s largest oil-related environmental disasters.

BREAKING – WATER WARS: MOUNTAIN HOUSE, California – OUT OF WATER in DAYS? and a UN AGENDA 21 Smart Growth Community – a census designated place

MOUNTAIN HOUSE, California – OUT OF WATER in DAYS?  and a UN AGENDA 21 Smart Growth Community – a census designated place . . .  and More
WATER WARS – MOUNTAIN HOUSE, California – Letter to the Community – Water Supply Curtailment from the State Water Resources Control Board and MORE About Mountain House . . .  Posted on www.StopTheCrime.net  just added . .
COMMENT:  We are still digging into what seems peculiar about Mountain House in California.  ALL week national media coverage has told us Mountain House will be OUT of water in days . . . Our research teams contacted some locals in the real estate profession, in Mountain House on 6/20/15, and were told there had been NO media coverage that they had noticed in Mountain House.  NO Media was there, that they noticed, about the nationwide announcement that there were ONLY a few days left of water available for the community.  In-fact one realtor only heard about the water curtailment on the community Facebook and an out of state relative who called with concern.  Another local comment the entire situation seemed strange, very strange . . .  We were told Mountain House was a branch off of Tracy, California which is ten minutes drive time away . . . There are no stores or shops in Mountain House yet, however, the development was required to reach a certain number of roof tops to start construction on stores – and they have met that build out number . . .  A NEW high school has JUST been completed!  Now they plan to start building a business center.
The USDA home loans have very stringent requirements and strict windows of income brackets.  These loans are difficult for buyers to qualify and meet the income criteria.  (more below about USDA home loans – below)
Mountain House has its own fire department and the police is the highway patrol . . .  Seems there might be ties to the corporation that acquired the land, SunChase Holdings and Rothschild . . . Th BIG corporate players are involved from the building team, to the USDA, Smart Growth, Green Building – a UN Agenda 21 sustainable development. . .  Mountain House is a census-designated place or CDP, a term assigned by the U.S. Census Bureau to communities that resemble cities but lack incorporation or any sort of municipal government.  It seems to be similar to a condominium homeowners association with an elected board and C.C. and R’s (Covenants, Condition and Restrictions) . . . The water shortage could have a significant impact upon the board and all the homeowners if they find their costs must go up to defray trucked in water and possible holding tanks for water storage should the community receive NO more water. . .
Mountain House has the ideal conditions to be used as a template to shut off water. .  It’s really not a city.  Remember, Mountain House is a census-designated place, or CDP, a term assigned by the U.S. Census Bureau to communities that resemble cities and have no sort of municipal government.  Also Mountain House is a smart community following the UN Agenda 21 policies of which deep water cuts are called for.
Keep in mind we do NOT have a Water Shortage.  We have Primary Water – water that is continuously created within the mantel of the Earth.  Water is RENEWABLE . . . Go to www.PrimaryWater.org      Do NOT be tricked and fearful – Primary Water is Good News and we must understand the REAL water facts. . .
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NO More Water:  Mountain House – Byron Bethany Irrigation District Ordered by State Water Resources Control Board NO Water Diversions ZERO WATER . . . PDF

http://bbid.org/wp-content/uploads/2011/09/BBID-Letter-to-Mountain-House-CSD-06192015.pdf

Click above link to view ALL letters . . .

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Mountain House -Master-planned community at risk of losing all water within days – LA Times 6/18/15 . . .

http://www.latimes.com/local/california/la-me-0618-mountain-house-20150618-story.html

EXCERPT:

The board can fine a water user $1,000 to $10,000 per day for violating the curtailment order or subsequent “cease and desist” orders issued by regulators.

The district will keep supplying water to the town “until we have had the opportunity to fully evaluate the curtailment notice,” said Gilmore, adding that it is also considering litigation to protect its water rights.

In addition to Mountain House, about 160 local farmers are affected by the curtailment order, Gilmore said. Without water, the area would lose almost 10,000 acres of almonds, cherries, sweet corn, grapes, tomatoes, walnuts and other crops, he said.

In Mountain House, lawns, shrubbery, parks and athletic fields are at risk, said Edwin Pattison, general manager of the Mountain House Community Services District.

If it loses its water supply, Mountain House could be forced to draw down its storage in a few days and then be without water, Pattison said.

But “that’s the worst-case scenario,” Pattison added, saying that he believes he will be able to find another water supplier with older water rights that has water in storage that it can sell.

“The reality is we’re going to get some water supply,” he said. “The question is: Is it going to be enough to maintain permanent landscaping or are we going to lose tens of millions of dollars of value that supports the aesthetics of this community?”

If Pattison fails to find other water, the community and the irrigation district could negotiate with the water board to keep water flowing.

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Mountain House: Water will flow – Golden State Newspapers: Tracy Press News . . .

http://www.goldenstatenewspapers.com/tracy_press/news/mountain-house-water-will-flow/article_1eb66f3e-152c-11e5-92a1-ebba758220b9.html

EXCERPT:
Posted: Wednesday, June 17, 2015 1:04 pm
By Denise Ellen Rizzo | 0 comments
MOUNTAIN HOUSE — Residents heard at a town hall meeting Tuesday that water will still flow to their homes, despite reports that the state would be shutting off their water in two days’ time.
“Are they going to cut the water off to this community? Not at all,” General Manager Edwin Pattison said. “Right now, I am probable that we’re going to obtain an alternative water supply. We’ll get this community through the end of this year and through conservation efforts. You can be assured you will be OK.”
Pattison explained that he had started the process of buying a humanitarian emergency water supply before the state board ordered curtailment of pre-1914 water rights on Monday. The curtailment means Byron Bethany Irrigation District — Mountain House’s only source of water — can no longer pump from the Delta, and he said that might mean less water available to residents.
“We’re in somewhat of an epic water crisis in the state of California,” Pattison told more than 100 people in the Michael Forbes McGrew Board Room at 230 S. Sterling Drive.
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READ the Letter to the Mountain House Community from the General Manager of the Community Services District – Water Supply Curtailment from the State Water Resources Control Board – dated June 15, 2015 –

http://www.mountainhousecsd.org/pdf/Drought6-16-15.pdf

EXCERPT:

June 15, 2015
Dear Mountain House Resident,

In an unprecedented move [but not without surprise in this fourth year of a drought], the state agency that regulates Post-1914 water rights exerted regulatory discretion under the state drought emergency declaration to begin curtailing Pre-1914 water rights. The implications of this state action could impact the community of Mountain House.

Mountain House will not run out of water as some reports have stated in the press recently. Your Mountain House Board and staff have been aware of this potential issue and have been working to minimize potential harm to the community. As we speak, staff is working to secure an alternative water supply that combined with prudent conservation measures will carry us through the end of this year [Let’s hope and pray for a large Sierra Snowpack this next winter!]

Mountain House – Home

http://www.mountainhousecsd.org/

Image description
We had a 38.5% reduction of water usagage in December 2014
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  • Single Family Housing Direct Home Loans | USDA Rural …

    www.rd.usda.gov/programs…/single-family-housing-direct-homeloans

    Loan funds may be used to help low-income individuals or households purchase homesin rural areas. Funds can be used to build, repair, renovate or relocate a …

  • Single Family Housing Guaranteed Loan Program | USDA …

    www.rd.usda.gov/…/single-family-housing-guaranteed-loan-program

    Home · About RD … provides a 90% loan note guarantee to approved lenders in order to reduce the risk of extending 100% loans to eligible rural homebuyers.

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In the news

USDA Seeks Applications for Loans and Grants to Create Jobs and Support Rural Economic Development

WASHINGTON, June 19, 2015 – Agriculture Secretary Tom Vilsack today announced that USDA is accepting applications for loans and grants to support business expansion, create jobs and increase economic opportunities in rural communities.

“Small businesses are the engine that drives job creation and investment capital coupled with business savvy provide the spark that gets that engine running” Vilsack said. “This funding will help the nation’s rural microentrepreneurs strengthen their capacity to create jobs, grow their businesses and fuel the economy. USDA is working with local organizations to provide capital to help small business owners achieve higher performance.”

Funding is being provided through USDA’s Rural Microentrepreneur Assistance Program (RMAP). The 2014 Farm Bill reauthorized the program through 2018. For Fiscal Year 2015, more than $16 million is available in loans and grants.

Details about how to apply for this are on page 35299 of the June 19 Federal Register. Application forms may be obtained from any USDA Rural Development State Office.

RMAP provides loans and grants to Microenterprise Development Organizations (MDOs) to help microentrepreneurs – very small businesses with 10 or fewer employees – access capital to start or grow businesses. MDOs use the funds to provide training and technical assistance to small businesses or to establish revolving loan funds that provide micro-loans, typically $5,000 to $50,000, to rural microentrepreneurs.

Since the beginning of the Obama Administration, USDA Rural Development has invested $72.2 million in loans and grants through the RMAP program to support more than 390 projects that help very small business enterprises.

For example, in 2014, Rural Development awarded a $500,000 loan and a $105,000 grant to the Midcoast Council of Governments (MCOG) in Maine to capitalize a revolving loan fund. The fund provided technical assistance and training to rural microentrepreneurs and microenterprises.

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Notice

Notice of Funds Availability (NOFA) for the Rural Microentrepreneur Assistance Program for Fiscal Year 2015

ACTION

Notice.

SUMMARY

This Notice is to invite applications for loans and grants under the Rural Microentrepreneur Assistance Program (RMAP) pursuant to 7 CFR part 4280, subpart D, for fiscal year (FY) 2015. Funding to support $14.190 million in loans and $2.086 million in grants is currently available. The RMAP funds were provided through the Agricultural Act of 2014, Public Law 113-79, on February 7, 2014 (2014 Farm Bill). RMAP provides the following types of support: loan only, combination loan and technical assistance grant, and subsequent technical assistance grants to Microenterprise Development Organizations (MDO).
All applicants are responsible for any expenses incurred in developing their applications or costs incurred prior to the obligation date.
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Census designated place

From Wikipedia, the free encyclopedia
census designated place (CDP)[1][2][3] is a concentration of population identified by the United States Census Bureau for statistical purposes. CDPs are delineated for each decennial census as the statistical counterparts of incorporated places,[4]such as citiestowns, and villages. CDPs are populated areas that lack separate municipal government, but which otherwise physically resemble incorporated places.
CDPs are delineated solely to provide data for settled concentrations of population that are identifiable by name but are not legally incorporated under the laws of the state in which they are located. They include small rural communities, coloniaslocated along the U.S. border with Mexico, and unincorporated resort and retirement communities.[5] The boundaries of a CDP have no legal status.[1] Thus, they may not always correspond with the local understanding of the area or community with the same name. However, criteria established for the 2010 Census require that a CDP name “be one that is recognized and used in daily communication by the residents of the community” (not “a name developed solely for planning or other purposes”) and recommend that a CDP’s boundaries be mapped based on the geographic extent associated with residents’ use of the place name.[5]
What the Heck is a “Census-Designated Place?” | Aaron’s Worldwide Adventures . . .

http://www.aaronswwadventures.com/2012/06/census-designated-place-keystone-co-tbex/

EXCERPT:

But this insular little community troubled me the entire time I was there. It felt like a resort. Its logo was everywhere. Something was off here. But what was it…

Interwebs, don’t fail me now! And the answer, as I and my fellow researcherLaurel came to learn on Sunday night is that Keystone, Colorado is nottechnically a town. No, no, it’s a little something termed as a Census-Designated Place.

A what?

What’s a Census-Designated Place?

Turns out a Census-Designated Place, or CDP, is a term assigned by the U.S.Census Bureau to communities that resemble cities but lack incorporation or any sort of municipal government. Or a post office, it seems (at least in the case of Keystone).

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Mountain House – Annual Operating BUDGET 2014 – 2015 . . . a census designated place . . .

http://www.mountainhousecsd.org/finance_docs/14-15BudgetFinal.pdf

EXCERPT:

About Mountain House

The Mountain House area was originally inhabited by the American Indian Cholbon tribelet of the Northern Valley Yokuts. The tribelet’s territory extended westward along Old River to just west of Bethany. In the late 18th century the Spanish explorers led by Juan Bautista de Anza, traveled from the San Francisco Bay to the Sacramento-San Joaquin Delta. The Spanish never settled in this region and the land was mostly used for agriculture and stopping off points for transportation and trade.

The name Mountain House originates from the Gold Rush era. When miners traveled from San Francisco to the Sierra foothills, they often rested about midway at a house called “Mountain House” at the bottom of a range of hills. The first Mountain House structure took the form of a blue tent and was built in 1849 by Thomas Goodall. With the help of American Indians, Goodall built an adobe house on the site where Mountain House became a rest stop for miners, stockmen, rancheros and immigrants. Simon Zimmerman purchased the stop and through his hard work Mountain House became a famous way station on the road to Stockton.

In 1940, the last remaining structure of Bethany, the Bethany Post Office was torn down. Since then, the land in the Mountain House area has primarily been used for agriculture.

In the mid-1980’s, the process of creating Mountain House was started as an idea. It took until 1994 when the County Board of Supervisors approved that Mountain House would be included in the San Joaquin General Plan. In 1996 the Mountain House Community Services District was formed.

The Mountain House Community Service District’s Sphere of Influence covers an area of 4,784 acres or almost 7.5 square miles. The current Master Plan for Mountain House envisions a community with 12 separate neighborhoods (“villages”) plus a Town Center that will provide approximately 21,000 jobs, approximately 16,000 dwelling units for a population of over 44,000 people.

In 1991, SunChase Holdings acquired most of the land that would become Mountain House as an assemblage of optioned parcels. The Final Environmental Impact Report (EIR) was certified for the Mountain House project in March 1992; however, Mountain House was not added to San Joaquin County General Plan at that time by the Board of Supervisors.

In February 1993, the San Joaquin County’s Board of Supervisors certified the EIR and finally included the proposed Mountain House community in the San Joaquin County General Plan. Mountain House was intended to be added as an amendment to the San Joaquin County General Plan 1995. The master developer was required to help form the Community Services District in 1996 which would be the municipal government within the Mountain House jurisdiction.

The master developer proceeded to secure all necessary local, state and federal entitlements and permits in order to break ground and begin construction in 2001. The first residents of Mountain House bought their homes and moved to Mountain House in June 2003.

By 2008, there were over 1,000 registered voters in Mountain House which was the number required to hold an election deciding the independence of the Community Services District from San Joaquin County Board of Supervisors. In November 2008, Mountain House residents voted to have a locally elected Board of Directors; and, five (5) of eighteen (18) candidates were elected to serve on the first Board of Directors. They were: Matthew Balzarini, James Lamb, Eric Payne, Andy Su, and Bernice K. Tingle. The locally elected members of the Board of Directors were sworn into office in December 2008.

District Authority

The Mountain House Community Services District is a political subdivision of the State of California, formed in 1996, in accordance with the Community District Services Law in Government Code Section 61000. When created, the Local Agency Formation Commission granted the District the following eighteen (18) separate governmental powers to exercise within the boundaries of the district:

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  1. Water services.
  2. Sewer services.
  3. Garbage services.
  4. Fire protection.
  5. Public recreation.
  6. Street lighting.
  7. Library buildings and services.
  8. Convert utilities to underground.
  9. Police protection.
  1. Road maintenance.
  2. Transportation services.
  3. Graffiti abatement.
  4. CC&R enforcement.
  5. Flood control protection.
  6. Pest and weed abatement.
  7. Wildlife habitat mitigation.
  8. Telecommunications services.
  9. Dissemination of information.

    District Authority cont.

    In addition, the District has the following general powers: sue and be sued; purchase, receive by gift or bequest and hold land, make contracts and purchases and hold personal property necessary to the exercise of its powers, manage, sell, lease, or otherwise dispose of its property as the interest of its inhabitants require; levy and collect taxes authorized by law and exercise such other and further powers as may be especially conferred by law or as may be necessarily implied from those expressed. All services outside of the 18 enumerated powers are performed either by San Joaquin County or the State of California.

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    Mountain House District Geography

    The Mountain House Community Services District is located in the west area of San Joaquin County, approximately 61 miles southeast of San Francisco, 52 miles east of Oakland, 51 miles northeast of San Jose, and 76.5 southwest of Sacramento. The District occupies 7.5 square miles.

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The Board of Directors

The members of the Board of Directors are elected by the voters to serve overlapping four-year terms. The President and Vice President are elected by the Board for a one year term. The Board of Directors sets policy and exercises the legislative authority of the District. By Resolution MMV111-5, the Board of Directors holds meetings on the second Wednesday of every month and at other times as, in the opinion of Board, the public interest may require. The current Board of Directors members and the dates upon which their respective terms expire are as follows:

President: Steven Gutierrez, November 2014
Vice President: Bernice K. Tingle, November 2016 Director: Celeste Farron, November 2014 Director: Jim Lamb, November 2016
Director: Andy K. Su, November 2016

Administration and Management

The Mountain House Community Services District is a Board-Manager form of government. The Board of Directors appoints the General Manager who appoints all other District personnel. The General Manager is charged with overseeing the District’s daily operations. Board appointed Committees assist the Board of Directors in carrying out various aspects and functions of the District.

Aerial picture of Mountain House Community Services District

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Demographics

Land Area ………………………………………………………………………..7.5 square miles

Population1 2012……………………………………………………………………………………..10,984

Population by Gender2 Female……………………………………………………………………………………52.3% Male………………………………………………………………………………………47.7%

Population by Age Group2
Under 14 years……………………………………………………………………………30.1% 15 to 24 years………………………………………………………………………………10.9% 25 to 44 years ……………………………………………………………………………….36% 45 to 59 years …………………………………………………………………………….17.2% 60 to 74 years……………………………………………………………………………….5.6% 75 years and over ………………………………………………………………………….0.2%

Median Age: 30.6

1 State of California, Department of Finance estimates.
2 US Census Bureau, 2007-2011 American Community Survey 5-year estimates

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Drought spurs rodent problems across California — RT USA‏

Drought spurs rodent problems across California — RT USA . . .

http://rt.com/usa/252889-mice-rats-california-drought/

EXCERPT:

In the San Francisco area, there have been reports of more rats out in public than usual, as the area’s water shortage has drawn them in search of nourishment.

“There’s no water source for them right now so they’re going outside to get it,” Tina O’Keefe, of Dirty Rats Rodent Removal, told the Bay Area’s NBC affiliate. “They eat plants. They eat meat. They’re going to the dog park because there are water bowls. They’re going to horse stables because there’s water.”

ACTION ALERT – WATER, LAND and FOOD THEFT: THE WATER is BEING TURNED OFF – California Farmers Worry Senior Water Rights Cuts In Drought Could Be Devastating

ACTION ALERT – WATER, LAND and FOOD THEFT:  THE WATER is BEING TURNED OFF – California Farmers Worry Senior Water Rights Cuts In Drought Could Be Devastating « CBS Sacramento . . . and Read the article below WATER WARS:  RUNNING OUT – Mountain House water source dries up – News – recordnet.com – Stockton, CA
COMMENT:  Please do ALL you can to alert our farming and ranching neighbors of the water FACTS. . . go to www.PrimaryWater.org – Learn the information necessary to combat the scarce water campaign and illusion of peak water – we are not running out of water . . . We are the Water Planet and water is continuously created within the mantel of the Earth, Continuously . . .  Please watch the YouTube Primary Water Explained and help distribute flyers to the communities that are being threatened with immediate water curtailments.  YOUR TOWN WILL BE NEXT – the powers that be want control of OUR water.  They want ALL the water, every DROP. .  Learn who the “THEY” are by watching the YouTube “Water Wars Stealing Water for Profit and Power” . . .
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California Farmers Worry Senior Water Rights Cuts In Drought Could Be Devastating « CBS Sacramento

http://sacramento.cbslocal.com/2015/06/12/california-farmers-worry-senior-water-rights-cuts-in-drought-could-be-devastating/

EXCERPT:
TRACY (CBS13) — California ordered dramatic cutsto farmers who have water rights dating back more than 100 years to help with the drought.
Notices have been sent to 114 senior rights holders, telling them to stop diverting water and to stop releasing previously stored water. Those who violate the order face fines up to $1,000 a day and $2,500 per acre-foot.
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RUNNING OUT of Water – Mountain House water source dries up – News – recordnet.com – Stockton, CA

http://www.recordnet.com/article/20150615/NEWS/150619752

Posted Jun. 15, 2015 at 5:48 PM

Outdoor irrigation could soon be entirely banned in San Joaquin County’s newest community, more evidence that the pain of the drought is not limited to local farmers.

Mountain House, a planned community of about 9,600 people, buys its water from the Byron Bethany Irrigation District near Tracy.

But on Friday, state officials announced that Byron Bethany can no longer divert water under its century-old water right, along with 114 other water districts, farms and companies up and down the Central Valley.

The announcement was no surprise. But Mountain House must now scramble to either secure an alternate supply, or impose massive cuts on its residents.

“The drought is beginning to really hurt people where they live, and Mountain House is no different,” the community’s general manager, Ed Pattison, told his Board of Directors just two days before the cuts were announced.

The state’s so-called “curtailments” require water users to cease diversions within seven days, or face penalties up to $1,000 per day. However, the state says it will consider — on a case-by-case basis — allowing some water to be delivered for health and human safety purposes.

If that happens in Mountain House, the town would be left with about 50 gallons per person per day, Pattison said last week. Current usage is about 97 gallons per person per day.

Essentially cutting the water supply in half creates the “very real possibility” that all outdoor watering will be banned, Pattison said.

“That would basically mean that Mountain House would lose potentially hundreds of thousands, if not millions of dollars in landscaping that has already been put in place, and is one of the beautiful aesthetics that brings people to Mountain House,” he said.