FAQs: Frequently Asked Questions

Who does the non functional prohibition apply to?

The State’s emergency regulation prohibits the use of potable water to irrigate non-functional turf only at CII sites. The state’s emergency regulation defines CII as:

“Commercial water users, industrial water users, and institutional water users as respectively defined in Water Code, section 10608.12, subdivisions (e), (i), and (j), and includes homeowner’s associations, common interest developments, community service organizations, and other similar entities but does not include the residences of these entities’ members or separate interests.”

Are there exceptions to the non-functional turf irrigation prohibition?

Yes, the prohibition does not apply to residential lawns or any turf regularly used for human recreational purposes, such as community spaces, sports fields, and other turf spaces used for recreation or events. Also, the regulation does not ban the irrigation of trees or other non-turf plantings.

Additionally, turf may be exempt from the prohibition if the owner or manager demonstrates to MSWD that the turf meets two requirements established by the state:

1) the turf species has a plant factor of 0.3 or less; and 2) the turf is irrigated in a way that uses low levels of water (less than 40% of reference evapotranspiration).

Does the prohibition apply to HOAs?

Yes, but only to non-functional turf on property that the HOA owns, not residences. An individual homeowner’s property is considered residential, whereas property owned and maintained by an HOA is considered the same as landscapes owned and maintained by CII. Therefore, the prohibition does not prevent homeowners from irrigating turf; it prohibits the irrigation of non-functional turf (with potable water) on property the HOA owns. However, the prohibition does not apply to turf that is regularly used for recreation and community activities.

Does the prohibition apply to residential properties?

No, per the State’s definition of CII, the prohibition does not apply to residential properties, and residential customers may continue to irrigate turf, subject to MSWD’s demand reduction actions that are in effect. This prohibition does not include residential properties within a homeowner’s association.

If the prohibition only applies to potable water, what is potable water?

The prohibition only applies to MSWD customers that receive potable water through the MSWD water system. Therefore, non-functional turf irrigated by private wells is not impacted by the State’s emergency regulation or MSWD Resolution 2022-16. However, all customers, regardless of water source, are encouraged to conserve 15% based on their 2020 consumption.

May I continue to water trees and other non-turf plantings planted among non-functional turf?

Yes, the emergency regulation allows for the continued irrigation of trees and non-turf plantings even if non-functional turf, such as turf under trees, will receive water. While permitted, MSWD encourages all customers to review irrigation systems and install systems that are efficient.

What action(s) is MSWD is authorized to take to enforce the prohibition?

MSWD may enforce the prohibition by issuing warning letters or conservation orders and imposing fines (up to $500 per day) for noncompliance.

What is Non-Functional Turf?

The State’s emergency regulation defines “Non-functional Turf” as:

“Turf that is solely ornamental and not regularly used for human recreational purposes or for civic or community events. Non-functional turf does not include sports fields and turf that is regularly used for human recreational purposes or for civic or community events.”

Where can I report water waste violations?

You can report water waste violations directly to MSWD online using our water waste form found at www.mswd.org/waterwaste.

Who decides if turf owned by the HOA is functional?

An HOA should review areas of turf that it maintains, consult with residents, and determine whether the turf is functional or not. MSWD may defer to the HOA’s determinations; however, MSWD retains the authority to enforce the irrigation ban if there is a documented violation. HOAs are encouraged to contact MSWD to request assistance with a site assessment.