EXECUTIVE DEPARTMENT
STATE
OF
CALIFORNIA
EXECUTIVE
ORDER
N-7-22
WHEREAS
on April
12,
202
l,
May
l
0,
2021, July
8,
202
l,
and
October
19,
2021, I
proclaimed
states
of
emergency
that
continue
today
and
exist across a
ll
the counties
of
California,
due
to
extreme
and
expanding
drought
conditions;
and
WHEREAS
climate
change
continues
to
intensify
the
i
mpacts
of
droughts
on our communities, environment,
and
economy,
and
California
is
in
a third
consecutive
year
of
dry conditions, resulting
in
continuing
drought
in
all parts
of
the State;
and
WHEREAS
the
21st
century
to
date
has
been
characterized
by
record
warmth
and
predominantly dry conditions,
and
the
202
1
meteorological
summer
in
California
and
the
rest
of
the
western United States was the hottest on
record;
and
WHEREAS
since
my
October
19,
2021
Proclamation, early rains
in
October
and
December
2021
gave
way
to
the
driest January
and
February
in
recorded
history for the watersheds
that
provide
much
of
California's
water
supply;
and
WHEREAS
the
ongoing
drought
will
have
significant,
immediate
impacts
on
communities with vulnerable
water
supplies, farms
that
rely on irrigation
to
grow
food
and
fiber,
and
fish
and
wildlife
that
rely on stream flows
and
cool
water;
and
WHEREAS
the
two
largest reservoirs
of
the
Central Valley Project,
which
supplies
water
to
farms
and
communities
in
the
Central Valley
and
the
Santa
Clara Valley
and
provides critical
cold-water
habitat
for salmon
and
other
anadromous
fish,
have
water
storage levels
that
are
approximately
l
.1
million
acre-feet
below
last year's
low
levels on
this
date;
and
WHEREAS
the
record-breaking dry period
in
January
and
February
and
the
absence
of
significant rains
in
March
have
required
the
Department
of
Water
Resources
to
reduce
anticipated
deliveries from
the
State Water Project to
5
percent
of
requested supplies;
and
WHEREAS
delivery
of
water
by
bottle
or truck
is
necessary
to
protect
human
safety
and
public
health
in
those places
where
water
supplies are
disrupted;
and
WHEREAS
groundwater
use
accounts
for
41
percent
of
the
State's
total
water
supply on
an
average
annual basis
but
as
much
as
58
percent
in
a
critically dry year,
and
approximately
85
percent
of
public
water
systems rely on
groundwater
as
their primary supply;
and
WHEREAS
coordination
between
loca
l entities
that
approve
permits for
new
groundwater
wells
and
local
groundwater
sustainability agencies
is
important
to
achieving
sustainable levels
of
groundwater
in critically
overdrafted
basins;
and
WHEREAS
the
duration
of
the
drought, especially following a multiyear
drought
that
abated
only five years
ago,
underscores
the
need
for California
to
redouble
near-, medium-,
and
long-term efforts
to
adapt
its
water
management
and
delivery systems
to
a
chang
ing climate, shifting precipitation patterns,
and
water
scarcity;
and
WHEREAS
the
most consequential,
immediate
action
Californians
can
take
to
extend
available
supplies
is
to
voluntarily
reduce
their
water
use
by
15
percent
from their 2020 levels
by
implementing the commonsense measures
identified
in
operative
paragraph
1
of
Executive Order N-10-21 (July 8,
2021
);
and
WHEREAS
to
protect
public
health
and
safety, it
is
critical
the
State
take
certain
immediate
actions without
undue
delay
to
prepare
for
and
mitigate
the
effects
of
the
drought
conditions,
and
under
Government
Code
section 8571, I
find
that
strict
compliance
with various statutes
and
regulations specified
in
this
Proclamation
would
prevent, hinder, or
delay
the mitigation
of
the effects
of
the
drought
conditions.
NOW,
THEREFORE,
I,
GAVIN
NEWSOM,
Governor
of
the
State
of
California,
in
accordance
with
the
authority vested
in
me
by
the State Constitution
and
statutes, including the California Emergency Services
Act,
and
in
particular,
Government
Code
sections 8567, 8571,
and
8627,
do
hereby
issue
the
following
Order
to
become
effective
immediately:
IT
IS
HEREBY
ORDERED
THAT:
1.
The
orders
and
provisions
contained
in
my April 21, 2021,
May
10, 2021,
July 8, 2021,
and
October
19,
2021
Proclamations remain
in
fu
ll
force
and
effect,
except
as
modified
by
those Proclamations
and
herein.
State agencies shall
continue
to
implement
all directions from those
Proclamations
and
accelerate
implementation
where
feasible.
2.
To
help the State
achieve
its
conservation goals
and
ensure sufficient
water
for essential
indoor
and
outdoor
use,
I call on all Californians
to
strive
to
limit summertime
water
use
and
to use
water
more efficiently
indoors
and
out.
The
statewide Save Our Water conservation
campaign
at
SaveOurWater.com provides simple ways for Californians
to
reduce
water
use
in
their
everyday
lives. Furthermore, I
encourage
Californians
to
understand
and
track
the
amount
of
water
they
use
and
measure their progress
toward
their conservation goals.
3.
By
May
25, .2022,
the
State Water Resources Control Board (Water
Board) shall consider
adopting
emergency
regulations
that
include
a
ll
of
the
following:
a. A requirement
that
each
urban
water
supplier,
as
defined
in
section 10617
of
the Water
Code,
shall submit
to
the
Department
of
Water Resources a preliminary annual
water
supply
and
demand
assessment consistent with section 10632.1
of
the
Water
Code
no later than June
1,
2022,
and
submit a final
annual
water
supply
and
demand
assessment
to
the
Department
of
Water
Resources no later than
the
deadline
set
by
section
10632.1
of
the
Water
Code;
b. A requirement
that
each
urban
water
supplier
that
has
submitted a
water
shortage
contingency
plan
to
the
Department
of
Water Resources implement,
at
a minimum, the
shortage response actions
adopted
under
section
10632
of
the
Water
Code
for a shortage level
of
up
to
twenty
percent
(Level
2),
by
a
date
to
be
set
by
the
Water Board;
and
c. A requirement
that
each
urban
water
supplier
that
has
not
submitted a
water
shortage
contingency
plan
to
the
Department
of
Water
Resources implement,
at
a minimum,
shortage response actions established
by
the
Water
Board,
which
shall
take
into consideration
model
actions
that
the
Department
of
Water Resources shall
develop
for urban
water
supplier
water
shortage
contingency
planning for Level
2,
by
a
date
to
be
set
by
the
Water Board.
To
further conserve
water
and
improve
drought
resiliency if the
drought
lasts
beyond
this
year, I
encourage
urban
water
suppliers
to
conserve
more
than
required
by
the
emergency
regulations described
in
this
paragraph
and
to
voluntarily
activate
more stringent
local
requirements based on a shortage level
of
up
to
thirty
percent
(Level
3).
4.
To
promote
water
conservation,
the
Department
of
Water Resources
shall consult with leaders
in
the
commercial,
industrial,
and
institutional
sectors
to
develop
strategies for improving
water
conservation,
including
direct
technical
assistance, financial assistance,
and
other
approaches.
By
May
25,
2022,
the
Water Board shall consider
adopting
emergency
regulations defining "non-functional turf" (that
is,
a
definition
of
turf
that
is
ornamental
and
not otherwise used for
human
recreation purposes such
as
school fields, sports fields,
and
parks)
and
banning irrigation
of
non-functional turf
in
the
commercial,
industrial,
and
institutional sectors
except
as
it
may
be
required
to
ensure
the
health
of
trees
and
other
perennial non-turf plantings.
5.
In
order
to
maximize the efficient use
of
water
and
to
preserve
water
supplies critical
to
human
health
and
safety
and
the environment,
Public Resources
Code,
Division
13
(commencing
with section
21000)
and
regulations
adopted
pursuant
to
that
Division are
hereby
suspended, with respect
to
the
directives
in
paragraphs 3
and
4
of
this
Order
and
any
other
projects
and
activities for
the
purpose
of
water
conservation
to
the extent necessary
to
address the
impacts
of
the
drought,
and
any
permits necessary
to
carry
out
such projects
or
activities. Entities
that
desire to
conduct
activities
under
this
suspension,
other
than
the
directives
in
paragraphs 3
and
4
of
this
Order, shall
first
request
that
the
Secretary
of
the Natural Resources
Agency
make
a
determination
that
the
proposed activities are eligible
to
be
conducted
under
this
suspension.
The
Secretary shall use sound
discretion
in
applying
this
Executive Order
to
ensure
that
the
suspension
serves the purpose
of
accelerating
conservation projects
that
are
necessary
to
address
impacts
of
the
drought, while
at
the same time
protecting
public
health
and
the
environment.
The
entities
implementing these directives or
conducting
activities
under
this
suspension shall maintain on their websites a
list
of
all activities or
approvals for
which
these provisions are suspended.
6.
To
support voluntary
approaches
to
improve
fish
habitat
that
would
require
change
petitions
under
Water
Code
section
1707
and
either
Water
Code
sections
1425
through
1432
or Water
Code
sections
1725
through
1732,
and
where
the primary purpose
is
to
improve
conditions
for
fish,
the
Water Board shall expeditiously consider petitions
that
add
a
fish
and
wildlife beneficial use or point
of
diversion
and
place
of
storage
to
improve conditions for
anadromous
fish.
California
Code
of
Regulations, title
23,
section
1064,
subdivisions ( a) (
1)
(A)
(i)-(ii) are
suspended with respect
to
any
petition
that
is
subject
to
this
paragraph.
7.
To
facilitate
the
hauling
of
water
for domestic use
by
loca
l
communities
and
domestic
water
users
threatened
with
the
loss
of
water
supply or
degraded
water
quality resulting from drought,
any
ordinance,
regulation, prohibition, policy, or requirement
of
any
kind
adopted
by
a
public
agency
that
prohibits
the
hauling
of
water
out
of
the
water's basin
of
origin or a
public
agency's
jurisdiction
is
hereby
suspended.
The
suspension authorized pursuant
to
this
paragraph
shall
be
limited to
the
hauling
of
water
by
truck or
bottle
to
be
used for
human
consumption, cooking, or sanitation
in
communities or
residences
threatened
with
the
loss
of
affordable
safe drinking water.
Nothing
in
this
paragraph
limits
any
public
health or safety requirement
to
ensure
the
safety
of
hauled
water.
8.
The
Water
Board shall
expand
inspections
to
determine
whether
illegal
diversions or wasteful or unreasonable use
of
water
are occurring
and
bring
enforcement
actions against illegal diverters
and
those
engaging
in
the wasteful
and
unreasonable use
of
water. When access
is
not
granted
by
a property owner,
the
Water Board
may
obtain
an
inspection warrant pursuant
to
the
procedures set forth
in
Title
13
(
commencing
with section
1822.50)
of
Part 3
of
the
Code
of
Civil
Procedure for
the
purposes
of
conducting
an
inspection pursuant
to
this
directive.
9.
To
protect
health, safety,
and
the
environment during
this
drought
emergency,
a county, city, or
other
public
agency
shall not:
a.
Approve
a permit for a
new
groundwater
well or for alteration
of
an
existing well
in
a basin subject
to
the
Sustainable
Groundwater
Management
Act
and
classified
as
medium-
or
high-priority
without
first
obtaining
written verification from a
Groundwater
Sustainability
Agency
managing
the
basin or area
of
the
basin
where
the
well
is
proposed
to
be
located
that
groundwater
extraction
by
the
proposed well
would
not
be
inconsistent with
any
sustainable
groundwater
management
program
established
in
any
applicable
Groundwater
Sustainability Plan
adopted
by
that
Groundwater
Sustainability
Agency
and
would
not
decrease
the
likelihood
of
achieving
a
sustainability
goal
for
the
basin
covered
by
such a plan; or
b.
Issue
a permit for a
new
groundwater
well or for alteration
of
an
existing well
without
first
determining
that
extraction
of
groundwater
from
the
proposed well
is
(
1)
not likely
to
interfere
with
the
production
and
functioning
of
existing
nearby
wells,
and
(2)
not
likely
to
cause subsidence
that
would
adversely
impact
or
damage
nearby
infrastructure.
This
paragraph
shall
not
apply
to
permits for wells
that
will
provide
less
than
two
acre-feet
per
year
of
groundwater
for individual
domestic
users,
or
that
will exclusively provide
groundwater
to
public
water
supply systems
as
defined
in
section 116275
of
the
Health
and
Safety
Code.
10.
To
address household or small
community
drinking
water
shortages
dependent
upon
groundwater
wells
that
have
failed
due
to
drought
conditions, the
Department
of
Water Resources shall work with
other
state agencies
to
investigate
expedited
regulatory
pathways
to
modify, repair, or reconstruct failed household or small
community
or
public
supply wells, while recognizing the
need
to
ensure the
sustainability
of
such wells
as
provided
for
in
paragraph
9.
11.
State agencies shall
collaborate
with tribes
and
federal, regional,
and
local
agencies
on actions related
to
promoting
groundwater
recharge
and
increasing storage.
12.
To
help
advance
groundwater
recharge
projects,
and
to
demonstrate the feasibility
of
projects
that
can
use
available
high
water
flows
to
recharge
local
groundwater
while minimizing flood
risks,
the
Water Board
and
Regional Water Quality Control Boards
shall prioritize
water
right permits,
water
quality certifications, waste
discharge requirements,
and
conditional
waivers
of
waste discharge
requirements
to
accelerate
approvals for projects
that
enhance
the
ability
of
a
local
or state
agency
to
capture
high precipitation events
for
local
storage or recharge, consistent with
water
right priorities
and
protections for
fish
and
wildlife.
For
the
purposes
of
carrying
out
this
paragraph,
Division
13
(commencing
with section
21000)
of
the
Public Resources
Code
and
regulations
adopted
pursuant
to
that
Division,
and
Chapter
3 (
commencing
with section 85225)
of
Part 3
of
Division
35
of
the
Water
Code
and
regulations
adopted
pursuant
thereto are hereby suspended
to
the
extent necessary
to
address
the
impacts
of
the drought.
This
suspension applies
to
(a)
any
actions
taken
by
state agencies, (b)
any
actions taken
by
local
agencies
where
the
state
agency
with primary responsibility for
the
implementation
of
the
directives concurs
that
local
action
is
required,
and
(c) permits necessary
to
carry
out
actions
under
(a) or (b).
The
entities implementing these directives shall maintain on their websites
a
list
of
all activities or approvals for
which
these provisions are
suspended.
13
. With respect
to
recharge
projects
under
either
Flood-Managed
Aquifer Recharge or
the
Department
of
Water
Resources Sustainable
Groundwater
Management
Grant Program occurring on
open
and
working lands
to
replenish
and
store
water
in
groundwater
basins
that
will help
mitigate
groundwater
conditions
impacted
by
drought, for
any
(a) actions taken
by
state agencies, (b) actions taken
by
a
loca
l
agency
where
the
Department
of
Water Resources concurs
that
local
action
is
required,
and
(c) permits necessary
to
carry
out
actions
under
(a) or (b), Public Resources
Code,
Division
13
(commencing
with section
21000)
and
regulations
adopted
pursuant
to
that
Division are
hereby
suspended to
the
extent necessary
to
address
the
impacts
of
the
drought.
The
entities
implementing
these
directives shall maintain on their websites a
list
of
all activities or
approvals for
which
these provisions are suspended.
14.
To
increase resilience
of
.state
water
supplies during
prolonged
drought
conditions,
the
Department
of
Water Resources shall
prepare
for
the
potential creation
and
implementation
of
a multi-year transfer
program
pilot
project
for the purpose
of
acquiring
water
from willing
partners
and
storing
and
conveying
water
to
areas
of
need.
15.
By
April
15,
2022, state
agencies
shall submit
to
the
Department
of
Finance for my consideration proposals
to
mitigate
the
worsening
effects
of
severe drought, including
emergency
assistance
to
communities
and
households
and
others
facing
water
shortages
as
a
result
of
the
drought, facilitation
of
groundwater
recharge
and
wastewater
recycling, improvements
in
water
use efficiency,
protection
of
fish
and
wildlife, mitigation
of
drought-related
economic
or water-supply disruption,
and
other
potential investments
to
support short-
and
long-term
drought
response.
IT
IS
FURTHER
ORDERED
that
as
soon
as
hereafter possible,
this
Order
be
filed
in
the
Office
of
the
Secretary
of
State
and
that
widespread
publicity
and
notice
be
given
of
this
Order.
This
Order
is
not
intended
to,
and
does not,
create
any
rights or benefits,
substantive or procedural,
enforceable
at
law
or
in
equity, against
the
State
of
California,
its
agencies, departments, entities, officers, employees, or
any
other
person.
IN
WITNESS
WHEREOF
I
have
hereunto set
my
hand
and
caused
the
Great
Seal
of
the
State
of
California
to
be
affixed
this
28th
day
of
March
2022.
I I
,:
, .
l
ยท I
'
t (
.1
I
l~
~-
~--
GA
VIN
NEWSOM
Governor
of
California
ATTEST:
SHIRLEY
N.
WEBER,
PH.D.
Secretary
of
State
