COLIN L. PEARCE DIRECT DIAL: +1 415 371 2215

PERSONAL FAX: +1 415 704 3098 E-MAIL: CLPearce@DuaneMorris.com

www.duanemorris.com

DUANE MORRIS LLP

SPEAR TOWER, ONE MARKET PLAZA, SUITE 2200 PHONE: +1 415 957 3000 FAX: +1 415 957 3001

SAN FRANCISCO, CA 94105-1127

ATLANTA

BALTIMORE

WILMINGTON

MIAMI

BOCA RATON

PITTSBURGH

NEWARK

LAS VEGAS

CHERRY HILL

LAKE TAHOE

MYANMAR

OMAN

A GCC REPRESENTATIVE OFFICE

OF DUANE MORRIS

MEXICO CITY

ALLIANCE WITH

MIRANDA & ESTAVILLO

SRI LANKA

ALLIANCE WITH

GOWERS INTERNATIONAL

FIRM and AFFILIATE OFFICES

NEW YORK

LONDON

SINGAPORE

PHILADELPHIA

CHICAGO

WASHINGTON, DC

SAN FRANCISCO

SILICON VALLEY

SAN DIEGO

SHANGHAI

BOSTON

HOUSTON

LOS ANGELES

HANOI

HO CHI MINH CITY

April 13, 2015

VIA E-MAIL AND U.S. MAIL

Jessica Bean State Water Resources Control Board 1001 I Street Sacramento, CA 95814

Re: Comments of City of Bakersfield Regarding Proposed Regulatory Framework for Implementation of Executive Order B-29-15

Dear Ms. Bean:

I am special water counsel to the City of Bakersfield (“Bakersfield” or “City”). On behalf of Bakersfield, I submit the following comments to the Proposed Regulatory Framework for Implementation of Executive Order B-29-15, issued by the State Water Resources Control Board (“SWRCB”) on April 7, 2015. Bakersfield recognizes that the current severe drought conditions present significant threats and challenges to the entire State of California, which threats and challenges require substantial and significant action at the State and local level. Bakersfield has adopted and implemented a number of new, additional conservation measures in response to drought conditions and the orders and proclamations from the State of California and the Governor’s Office calling for significant reductions in water use. As a result of these recent measures, Bakersfield’s residential gallons per capita daily usage (R-GPCD) has been consistently reduced, month by month. Bakersfield is committed to implementing additional measures and taking further steps to reduce consumptive water use and combat drought conditions. Bakersfield therefore understands and supports the necessity of further significant action at the State level, including through Order B-29-15. Bakersfield, however, still has significant concerns with and objections to the SWRCB’s proposal to require Bakersfield to reduce water use by 35%, while other water suppliers are only obligated to reduce water use by as little as 10%.

State WaApril 13,Page 2

The SWRcritical fafactors, lconserva Bakersfieenvironmdegrees, equitablecooler arCity of Adegrees i It is not rprecipitatdirect imwater, pepricing stenvironmvegetatio The “ConSWRCBhttp://wwng_info.sCapita Dfactors arcan affecdensity,”for imple“comparifactors” t In additioa higher ppurposestreated, oSWRCBof recycland the mrecognize

ater Resource, 2015

RCB’s propoactors that imocation of th

ation efforts.

eld is locatedment. Averagand the City

e for Bakersfreas of the StArcata, for exin September

reasonable fotion. Differe

mpact on wateer R-GPCD, tructure, and

ments will neon.

nservation R, as posted o

ww.waterboashtml#urban

Day (R-GPCDre accountedct per capita ” and “socio-ementation oisons across that affect pe

on, based onpercentage o than most c

or recycled, w’s April 25, ed water. T

methodologye the use of r

es Control B

osed categormpact R-GPChe urban wat

d in the soutge daily tem

y’s averages field to be retate, with moxample, whicr, and receiv

or Bakersfieences in climer consumptthan cities in

d conservatioecessarily ne

Reporting” reon the SWRCards.ca.gov/wn_ws_rpt, staD) water used for.” The Swater use ar-economic mof Order B-2

water suppler capita wat

n its prior andof its water scities in Califwater for ou2013 Recyche current “U

y and equatiorecycled wa

Board

rization methCD water uster supplier,

thern portionmperatures in

less than sevequired to redore rainfall, ch is in the 1

ves 42 inches

ld to be penamate, rainfalltion. Cities in cooler, weon efforts of eed to use les

equirements CB’s web sitwaterrights/wates that “[i]te data for comSWRCB webre “rainfall, t

measures suc9-15 contrad

liers,” and thter use.

d on-going csupply to drifornia. Baketdoor irrigatled Water PoUrban Wateon used to esater for outdo

hodology faise, includingcloud cover

n of the San Jn Bakersfieldven inches oduce water uonly have to10% reductios of rain per

alized for bel, cloud covein warmer, detter climatesf the cities. Rss water to m

for Urban Wte at water_issuest is not appromparisons acb site furthetemperature,h as lot size dicts those phe proposal f

conservationinking waterersfield alsotion, pursuanolicy, and th

er Supplier Rstimate R-GPoor irrigation

ils to take intg climate, prer, and prior a

Joaquin Vald in Septembof rain per yeuse by 35% wo reduce theion tier, has ayear on ave

eing locateder, and locatdrier climates, for reasonResidents ofmaintain a co

Water Suppli

s/programs/dopriate to uscross water sr indicates th, and evaporand income

policies by imfails to take i

n measures, Br and other ho utilizes incrnt to the Calihe SWRCB’Reporting ToPCD, do notn.

nto account aecipitation, eand on-going

lley, in a veryber range froear. It is notwhen certainir use of watan average teerage.

in a drier clition have an es will necesns unrelated tf cities in weomparable le

ier’s monthly

drought/consse Residentiasuppliers, unhat among thration rates,”e.” The SWRmproperly usinto account

Bakersfield chuman healthreasing quanifornia Wates mandate to

ool” utilized t sufficiently

a number of environmentg local

y dry and wom 86 to 94 t reasonable n cities in mter by 10%. emperature o

imate, with linevitable asarily use mto the policie

etter, cooler evel of outdo

y reports to

servation_real Gallons Penless all relehe factors th” “populationRCB’s proposing R-GPCt all “relevan

currently devh and safety ntities of terter Plan, the o increase thby the SWR

y account for

tal

arm

or much

The of 55

less and

more es,

oor

the

portier vant

hat n osal D for

nt

votes

tiary

he use RCB, r and