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brs 2/28/22 <br />(a) The provisions of this article apply to any Customer, Person, and property using <br />water provided by and/or used within the City. <br />(b) The provisions of this article do not apply to uses of water necessary to protect <br />public health and safety or for essential government services, such as police, fire, <br />and other similar emergency services. <br />(c) The provisions of this article do not apply to the use of Recycled Water, with the <br />exception of Section 39-99, as Recycled Water is considered a valuable source of <br />water. <br />(d) The provisions of this article do not apply to the use of water by commercial <br />nurseries and commercial growers to sustain plants, trees, shrubs, crops or other <br />vegetation intended for commercial sale, with the exception of Section 39-99. <br />(e) The provisions of this article do not apply to the use of water from private wells, <br />with the exception of Section 39-99. <br />(f) This article is intended solely to further the conservation of water. It is not intended <br />to implement any provision of federal, State, or local statutes, ordinances, or <br />regulations relating to protection of water quality or control of drainage or runoff. <br />Sec. 39-97. — Procedures for Determination of Water Supply Shortage and Level <br />Implementation. <br />(a) Under Water Code Section 10632.1, the City is required to submit a water shortage <br />assessment "report" to the California Department of Water Resources by July 1 of <br />each year. <br />(b) The City will follow a written decision -making process defined in the Water <br />Shortage Contingency Plan (WSCP) to assess water supply reliability on an annual <br />basis. <br />(c) The Executive Director of Public Works will determine if a water shortage exists <br />based on the water shortage criteria and levels defined in the WSCP. <br />(d) In the event a water shortage is triggered according to the procedures and <br />conditions defined in the adopted WSCP, the City Council shall make findings of <br />water supply shortage and declare the applicable water conservation phase by <br />resolution. The implemented phase of the water supply shortage shall be in effect <br />until the City Council declares that the water supply shortage has ended or until <br />another phase has been implemented. <br />(e) The public will be informed of the shortage according to the Procedures and <br />Protocols for Communication identified in Section 39-98 of this Ordinance. <br />Ordinance No. NS-XXX <br />Page 6 of 18 <br />