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PART II -THE CODE <br />Chapter 39 - WATER AND SEWERS <br />ARTICLE VI. - WATER CONSERVATION <br />DIVISION 4. REGULATIONS GOVERNING WATER CONSERVATION PHASES <br />DIVISION 4. REGULATIONS GOVERNING WATER CONSERVATION PHASES <br />Sec. 39-96. Applications. <br />(a) The provisions of this article apply to any customer, person, and property using water provided by and/or <br />used within the city. <br />(b) The provisions of this article do not apply to uses of water necessary to protect public health and safety or <br />for essential government services, such as police, fire, and other similar emergency services. <br />(c) The provisions of this article do not apply to the use of recycled water, with the exception of section 39-99, <br />as recycled water is considered a valuable source of water. <br />(d) The provisions of this article do not apply to the use of water by commercial nurseries and commercial <br />growers to sustain plants, trees, shrubs, crops or other vegetation intended for commercial sale, with the <br />exception of section 39-99. <br />(e) The provisions of this article do not apply to the use of water from private wells, with the exception of <br />section 39-99. <br />(f) This article is intended solely to further the conservation of water. It is not intended to implement any <br />provision of federal, state, or local statutes, ordinances, or regulations relating to protection of water quality <br />or control of drainage or runoff. <br />(Ord. No. NS-3016, § 2, 4-5-22) <br />Sec. 39-97. Procedures for determination of water supply shortage and level implementation. <br />(a) Under Water Code Section 10632.1, the city is required to submit a water shortage assessment "report" to <br />the California Department of Water Resources by July 1 of each year. <br />(b) The city will follow a written decision -making process defined in the Water Shortage Contingency Plan <br />(WSCP) to assess water supply reliability on an annual basis. <br />(c) The executive director of public works will determine if a water shortage exists based on the water shortage <br />criteria and levels defined in the WSCP. <br />(d) In the event a water shortage is triggered according to the procedures and conditions defined in the adopted <br />WSCP, the city council shall make findings of water supply shortage and declare the applicable water <br />conservation phase by 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 another phase has been <br />implemented. <br />(e) The public will be informed of the shortage according to the procedures and protocols for communication <br />identified in section 39-98 of this article. <br />(f) Subject to subsequent ratification by the city council, when the executive director of public works <br />determines that a sudden event has, or threatens to, significantly diminish the reliability or quality of the <br />city's water supply, the executive director of public works may declare a catastrophic water supply shortage <br />and impose emergency water allocation or conservation actions as deemed necessary, in the executive <br />Santa Ana, California, Code of Ordinances <br />(Supp. No. 30) <br />Created: 2025-01-29 11:22:15 [EST] <br />Page 46 of 54 <br />