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3 <br />to reasonable beneficial use of that water. Accordingly, this regulation is in furtherance <br />of article X, section 2 during this drought emergency. This temporary emergency <br />regulation is not to be used in any future administrative or judicial proceedings as <br />evidence or finding of waste and unreasonable use of any individual water user or water <br />supplier subject to this regulation, and are not to affect or otherwise limit any rights to <br />water conserved under applicable law, including without limitation, water conserved <br />consistent with Water Code section 1011; <br /> <br />16. Directive two of the Governor’s April 1, 2015 Executive Order directs the State Water <br />Board to consider the relative per capita usage of each urban water supplier’s service <br />area and require that areas with high per capita use achieve proportionally greater <br />reductions than areas with low per capita use; <br /> <br />17. On April 7, 2015, the State Water Board issued a draft framework proposing increasing <br />levels of required water reduction based upon residential per capita per day use <br />(R-GPCD) for the proposed regulation, and solicited public comments. The Board <br />received over 300 comments on the framework, primarily relating to the levels of <br />required water reduction; <br /> <br />18. On April 18, the State Water Board issued draft regulatory language for public comment <br />based on the April 7 framework and the comments received. The draft regulatory <br />language reflected careful consideration of all comments including those directed at the <br />levels of required reduction. Again, the Board received close to 300 comments; <br /> <br />19. On April 28, 2015, the State Water Board issued a final version of draft regulatory <br />language for comment, followed on April 29 by a formal public notice that it would <br />consider the adoption of the emergency regulation at the Board’s regularly-scheduled <br />May 5 and 6, 2015 public meeting, in accordance with applicable State laws and <br />regulations. The State Water Board also distributed for public review and comment a <br />Finding of Emergency that complies with State laws and regulations; <br /> <br />20. As discussed above, the State Water Board is adopting the emergency regulation <br />because of the continuing emergency drought conditions, the need for prompt action to <br />prevent the waste and unreasonable use of water and to promote conservation, and the <br />specific actions called for in the Governor’s April 1, 2015 Executive Order; and <br /> <br />21. Nothing in the regulation or in the enforcement provisions of the regulation precludes a <br />local agency from exercising its authority to adopt more stringent conservation <br />measures. Moreover, the Water Code does not impose a mandatory penalty for <br />violations of the regulation adopted by this resolution, and local agencies retain the <br />enforcement discretion in enforcing the regulation to the extent authorized. Local <br />agencies are encouraged to develop their own progressive enforcement practices to <br />promote conservation. <br /> <br /> <br />THEREFORE BE IT RESOLVED THAT: <br />1. The State Water Board adopts California Code of Regulations, title 23, section 866 and <br />re-adopts sections 863, 864,and 865, as appended to this resolution as an emergency <br />regulation; <br /> <br />10.A. - Page 11