4-26-2022 10:23pm

Governor Newsom's March Executive Order N-7-22 Triggers a May 25th Regulation

Lorraine Mabbett Editor

Governor Newsoms March 2022 Executive Order had a passive "shall consider adopting emergency regulations that include all of the following:"

Most likely this "shall consider" is in light of his previous Executive Orders which Sutter County Superior Court Judge Sarah Heckman ruled against the Governor including recognition the extraordinary length of time for its enforcement was outside the realm of his power.

As part of Heckman's ruling, she also issued a permanent injunction preventing Newsom from making further unconstitutional orders.

The key elements of Executive Order N-7-22 include

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
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
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.

A Level 3 drought was also addressed in Executive Order N-7-22 with the passive words "I encourage" - bowing again to the parameters of the Court for future Executive Orders

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 (Level3).

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