Level 3 may be declared under the following conditions: 1) when the Water Authority notifies its member agencies that due to increasing cutbacks caused by drought or other reduction of supplies, a serious water shortage condition exists that requires extensive consumer demand reductions in order to have sufficient supplies available to meet anticipated demands; 2) when a similar requirement is imposed by a regulatory agency; or when other conditions exist that require a serious consumer demand reduction. The consumer demand reduction amounts in Level 3 typically apply during a shortage of up to and including 30 percent, although the District Board of Directors may declare a Level 3 and implement the Level 3 conservation measures identified in the Water Supply Response Program to achieve a consumer demand reduction of a different amount. The General Manager shall have the authority and discretion to implement water conservation measures commensurate with the level of demand reduction required and/or the reduction targets achieved, as described below. The General Manager shall inform the Board of Directors of the status of the implementation of the measures set forth in this section and the resulting water conservation in a timely manner..

All persons using District water shall comply with Level 1 water-use efficiency practices and Level 2 water conservation practices during Level 3 and shall also comply with the following additional mandatory conservation measures: 

        1.    Comply with any new residential and commercial landscape irrigation restrictions relative to assigned days per week and limited duration times on a schedule established by the General Manager and posted by the District.

       2.    Stop re-filling pools/spas more than one foot per week. Draining and re-filling of pools and spas is not permitted except to repair leaks or for health and safety reasons.

       3.    Stop filling or re-filling ornamental lakes or ponds, except to the extent needed to sustain aquatic life, provided that such animals are of significant value and have been actively managed within the water feature prior to declaration of another Water Supply Response Program level.

       4.    Stop operating ornamental fountains or decorative water features. These types of fountains and water features may be operated on a limited basis for maintenance purposes only. The operation of fountains and water features that do not use re-circulated water is prohibited.

       5.    Stop washing vehicles except at commercial car washes that re-circulate water, or by high pressure/low volume wash systems.

Upon the declaration of Level 3, no new potable water service shall be provided, no new temporary meters or permanent meters shall be provided, and no statements of immediate ability to serve or provide potable water service (such as, will serve letters, certificates, or letters of availability) shall be issued, except under the following circumstances: 

1. A valid, unexpired building permit has been issued for the project; or 
2. The project is necessary to protect the public’s health, safety, and welfare; or
3. The applicant participates in a District-approved demand offset program that produces or saves at least the same amount of water as is being used by the new development, prior to the issuance by the District of a new water meter or water meters for the project.

This provision shall not be construed to preclude the resetting or turn-on of meters to provide continuation of water service or to restore service that has been interrupted for a period of one year or less.

Upon the declaration of Level 3, District will suspend consideration of annexations to its service area.

The District may establish a water allocation for property served by the District using a method that does not penalize persons for the implementation of conservation methods or the installation of water saving devices. If the District establishes a water allocation it shall provide notice of the allocation by including it in the regular billing statement for water service or by any other mailing to the address to which the District customarily mails the billing statement for fees or charges for on-going water service. Following the effective date of the water allocation as established by the District, any person that uses water in excess of the allocation shall be subject to a penalty for each billing unit of water in excess of the allocation. The penalty for excess water usage shall be cumulative to any other remedy or fee that may be imposed for violation of this resolution.