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brs 2/28/22 (c) The provisions of this article do not apply to the use of Recycled Water, with the exception of Section 39-99, as Recycled Water is considered a valuable source of water. (d) The provisions of this article do not apply to the use of water by commercial nurseries and commercial growers to sustain plants, trees, shrubs, crops or other vegetation intended for commercial sale, with the exception of Section 39-99. (e) The provisions of this article do not apply to the use of water from private wells, with the exception of Section 39-99. (f) This article is intended solely to further the conservation of water. It is not intended to implement any provision of federal, State, or local statutes, ordinances, or regulations relating to protection of water quality or control of drainage or runoff. Sec. 39-97. — Procedures for Determination of Water Supply Shortage and Level Implementation. (a) Under Water Code Section 10632.1, the City is required to submit a water shortage assessment "report" to the California Department of Water Resources by July 1 of each year. (b) The City will follow a written decision -making process defined in the Water Shortage Contingency Plan (WSCP) to assess water supply reliability on an annual basis. (c) The Executive Director of Public Works will determine if a water shortage exists based on the water shortage criteria and levels defined in the WSCP. (d) In the event a water shortage is triggered according to the procedures and conditions defined in the adopted WSCP, the City Council shall make findings of water supply shortage and declare the applicable water conservation phase by resolution. The implemented phase of the water supply shortage shall be in effect until the City Council declares that the water supply shortage has ended or until another phase has been implemented. (e) The public will be informed of the shortage according to the Procedures and Protocols for Communication identified in Section 39-98 of this Ordinance. (f) Subject to subsequent ratification by the City Council, when the Executive Director of Public Works determines that a sudden event has, or threatens to, significantly diminish the reliability or quality of the City's water supply, the Executive Director of Public Works may declare a catastrophic water supply shortage and impose emergency water allocation or conservation actions as deemed necessary, in the Executive Director of Public Works' professional judgment, to protect the reliability Ordinance No. NS-3016 Page 6 of 17