In light of the significantly above average rainfall over this past winter, Governor Newsom recently eased some of the State’s most onerous drought restrictions. On March 24, 2023, he issued Executive Order N-5-23, which: 

• Ends the voluntary 15% water conservation target, while continuing to encourage Californians to make conservation a way of life; 

• Ends the requirement that local water agencies implement Level 2 of their drought contingency plans; 

• Maintains the ban on wasteful water uses, such as watering ornamental grass on commercial properties; 

• Preserves all current emergency orders focused on groundwater supply, where the effects of the multi-year drought continue to be devastating; 

• Maintains orders focused on specific watersheds that have not benefited as much from recent rains, including the Klamath River and Colorado River basins, which both remain in drought; 

• Retains a State of Emergency for all 58 counties to allow drought response and recovery efforts to continue. 

As indicated above, while the Executive Order rolled back some emergency provisions that are no longer needed due to current water conditions, the Order does nothing to ease restrictions on the State’s community associations. Community associations are treated as commercial properties under the Order, so the ban on using potable water to water non-functional or “decorative” turf in associations remains in place. However, the ban applies only to decorative grass owned or maintained by the association and does not prohibit watering ornamental turf with recycled water. Associations are also encouraged to continue to prioritize watering trees and other plants. 

For more information on how the State Water Board’s drought restrictions impact community associations, click here to go to the State’s Water Conservation Portal, which lists the emergency water conservation regulations and answers frequently asked questions, including how the regulations apply to HOAs. 

You can also click here to read the Governor’s recent Executive Order.