To address the worsening drought, on April 1, 2015, Governor
Brown issued Executive Order B-29-15 ("Executive Order"),
mandating a 25% reduction in potable urban water consumption. In
response, the State Water Resources Control Board has passed
emergency regulations that will directly affect water districts and
users. And a recent case from the Fourth District Court of Appeal
struck down the City of San Juan Capistrano's tiered water
rates under Proposition 218.
Summary of the Executive Order
The main directive of Governor Brown's Executive Order is
the following: the State Water Resources Control Board (the
"Water Board") will impose restrictions to achieve a
statewide 25% reduction in potable urban water usage through
February 28, 2016. Further, the Department of Water Resources (the
"Department"), along with local agencies, will attempt
statewide to collectively replace 50 million square feet of lawns
and ornamental turf with drought tolerant landscapes. And