Sacramento, CA…On Monday, March 28th, Governor Newsom issued his fourth emergency order on drought, building on emergency orders from April, May, and October of 2021. This new order significantly expands the previous three by enacting several new provisions on water use conservation, permissible landscaping, maintenance of fish habitat, water hauling, illegal diversions, new well permits, and groundwater recharge, among other provisions.

Some notable changes made by the new provisions include:

New Urban Water Agency Conservation Targets. The new order directs State Water Resources Control Board to consider a rule directing urban water suppliers to enact Level 2 measures under their water shortage contingency plans, to result in a reduction of water usage by 20%.

Restriction on “Non-functional Turf”. The new order directs State Water Board to consider adopting a rule banning irrigation of ‘non-functional turf’ at commercial, industrial, and institutional sites.

Authority to Limit CEQA. The order suspends environmental review for the adoption of aforementioned new rules by State Water Board, and allows the Resources Secretary to suspend the application of CEQA for water conservation projects determined by the Secretary that are conducted pursuant to the order.

Expediting Petitions for Change in Water Use to Promote Habitat Conservation. The order directs Water Board to consider, on an expedited basis, petitions by water use diverters seeking to change their permitted use to a beneficial use for promoting fish habitat and conservation.

Suspension of Local Ordinances Prohibiting Out-of-Basin Water Hauling for Emergency Supply. The order suspends all local ordinances that prohibit an out-of-basin transfer of water hauled to provide an emergency supply to maintain public health and safety.

Directs Water Board to Increase Its Inspection Program for Illegal Diversions. The order not only directs the board to increase inspection for illegal diversions, but also for diversions considered “wasteful and unreasonable”.

Limitation on Local Approval of New (non-domestic) Wells. The order directs local authorities to obtain written verification from a relevant Groundwater Sustainability Agency (GSA) before permitting new wells or expansions of existing wells, other than wells approved for the purposes of providing domestic supply or emergency public health and safety supply. GSAs must verify that a new or expanded well project is not inconsistent with its sustainability plan. The order also prohibits local agencies from issuing a permit if a new or expanded well project would interfere with production from existing wells or would result in subsidence that adversely impacts or damages surrounding infrastructure.

Prioritizing Groundwater Recharge Projects. The order directs the state water agencies to prioritize permits and project approvals across several categories that facilitate groundwater recharge, and suspends application of CEQA to projects approved pursuant to the Department of Water Resources Flood-Managed Aquifer program and Sustainable Groundwater Management Grant program.

Accelerated Deadline for State Agencies to Provide Budget Proposals. The order directs all relevant state agencies to provide Department of Finance with budget proposals for programs and projects intended to address the drought emergency.