SECTIONS 350-359 - California Statutes

WATER CODE

SECTION 350-359

350. The governing body of a distributor of a public water supply,
whether publicly or privately owned and including a mutual water
company, may declare a water shortage emergency condition to prevail
within the area served by such distributor whenever it finds and
determines that the ordinary demands and requirements of water
consumers cannot be satisfied without depleting the water supply of
the distributor to the extent that there would be insufficient water
for human consumption, sanitation, and fire protection.

351. Excepting in event of a breakage or failure of a dam, pump,
pipe line or conduit causing an immediate emergency, the declaration
shall be made only after a public hearing at which consumers of such
water supply shall have an opportunity to be heard to protest against
the declaration and to present their respective needs to said
governing board.

352. Notice of the time and place of hearing shall be published
pursuant to Section 6061 of the Government Code at least seven days
prior to the date of hearing in a newspaper printed, published, and
circulated within the area in which the water supply is distributed,
or if there is no such newspaper, in any newspaper printed,
published, and circulated in the county in which the area is located.

353. When the governing body has so determined and declared the
existence of an emergency condition of water shortage within its
service area, it shall thereupon adopt such regulations and
restrictions on the delivery of water and the consumption within said
area of water supplied for public use as will in the sound
discretion of such governing body conserve the water supply for the
greatest public benefit with particular regard to domestic use,
sanitation, and fire protection.

354. After allocating and setting aside the amount of water which
in the opinion of the governing body will be necessary to supply
water needed for domestic use, sanitation, and fire protection, the
regulations may establish priorities in the use of water for other
purposes and provide for the allocation, distribution, and delivery
of water for such other purposes, without discrimination between
consumers using water for the same purpose or purposes.

355. The regulations and restrictions shall thereafter be and
remain in full force and effect during the period of the emergency
and until the supply of water available for distribution within such
area has been replenished or augmented.

356. The regulations and restrictions may include the right to deny
applications for new or additional service connections, and
provision for their enforcement by discontinuing service to consumers
wilfully violating the regulations and restrictions.

357. If the regulations and restrictions on delivery and
consumption of water adopted pursuant to this chapter conflict with
any law establishing the rights of individual consumers to receive
either specific or proportionate amounts of the water supply
available for distribution within such service area, the regulations
and restrictions adopted pursuant to this chapter shall prevail over
the provisions of such laws relating to water rights for the duration
of the period of emergency; provided, however, that any distributor
of water which is subject to regulation by the State Public Utilities
Commission shall before making such regulations and restrictions
effective secure the approval thereof by the Public Utilities
Commission.

358. Nothing in this chapter shall be construed to prohibit or
prevent review by any court of competent jurisdiction of any finding
or determination by a governing board of the existence of an
emergency or of regulations or restrictions adopted by such board,
pursuant to this chapter, on the ground that any such action is
fraudulent, arbitrary, or capricious.

359. (a) Notwithstanding any other provision of law that requires
an election for the purpose of authorizing a contract with the United
States, or for incurring the obligation to repay loans from the
United States, and except as otherwise limited or prohibited by the
California Constitution, a public water agency, as an alternative
procedure to submitting the proposal to an election, upon affirmative
vote of four-fifths of the members of the governing body thereof,
may apply for, accept, provide for the repayment together with
interest thereon, and use funds made available by the federal
government pursuant to Public Law 95-18, pursuant to any other
federal act subsequently enacted during 1977 that specifically
provides emergency drought relief financing, or pursuant to existing
federal relief programs receiving budget augmentations in 1977 for
drought assistance, and may enter into contracts that are required to
obtain those federal funds pursuant to the provisions of those
federal acts if the following conditions exist:
(1) The project is undertaken by a state, regional, or local
governmental agency.
(2) As a result of the severe drought now existing in many parts
of the state, the agency has insufficient water supply needed to meet
necessary agricultural, domestic, industrial, recreational, and fish
and wildlife needs within the service area or area of jurisdiction
of the agency.
(3) The project will develop or conserve water before October 31,
1978, and will assist in mitigating the impacts of the drought.
(4) The agency affirms that it will comply, if applicable, with
Sections 1602, 1603, and 1605 of the Fish and Game Code.
(5) The project will be completed on or before the completion
date, if any, required under the federal act providing the funding,
but not later than March 1, 1978.
(b) Any obligation to repay loans shall be expressly limited to
revenues of the system improved by the proceeds of the contract.
(c) No application for federal funds pursuant to this section
shall be made on or after March 1, 1978.
(d) Notwithstanding the provisions of this section, a public
agency shall not be exempt from any provision of law that requires
the submission of a proposal to an election if a petition requesting
such an election signed by 10 percent of the registered voters within
the public agency is presented to the governing board within 30 days
following the submission of an application for federal funds.
(e) Notwithstanding the provisions of this section, a public water
agency that applied for federal funds for a project before January
1, 1978, may make application to the Director of the Drought
Emergency Task Force for extension of the required completion date
specified in paragraph (5) of subdivision (b). Following receipt of
an application for extension, the Director of the Drought Emergency
Task Force may extend the required completion date specified in
paragraph (5) of subdivision (b) to a date not later than September
30, 1978, if the director finds that the project has been delayed by
factors not controllable by the public water agency. If the Drought
Emergency Task Force is dissolved, the Director of Water Resources
shall exercise the authority vested in the Director of the Drought
Emergency Task Force pursuant to this section.
(f) For the purposes of this section, "public water agency" means
a city, district, agency, authority, or any other political
subdivision of the state, except the state, that distributes water to
the inhabitants thereof, is otherwise authorized by law to enter
into contracts or agreements with the federal government for a water
supply or for financing facilities for a water supply, and is
otherwise required by law to submit those agreements or contracts or
any other project involving long-term debt to an election within that
public water agency.