The California Legislature has declared that “the use of potable water to irrigate nonfunctional turf is wasteful and incompatible with state policy relating to climate change, water, conservation, and reduced reliance on the Sacramento-San Juaquin Delta Ecosystem.” (AB 1572, Friedman: Potable water: nonfunctional turf (2023).)

This public policy declaration prompted amendments to the California Water Code designed to restrict the use of potable water for irrigation by various entities, including homeowners’ associations (HOAs).

“The use of potable water for the irrigation of nonfunctional turf located…on all common areas of properties of homeowners’ associations, common interest developments and community service organizations or similar entities” is prohibited as of January 1, 2029. (Wat. Code § 10608.14(a)(4); Emphasis added.)

“Nonfunctional Turf” Defined
Nonfunctional turf in an HOA means any of the following (Wat. Code § 10608.12(u),(m).):

• Turf that is located within street right of way or parking lot;
• Turf that is not located within a “recreation use area”;
• Turf that is not located within a “community space”; or
• Turf that is enclosed by fencing or other barriers to permanently preclude human access for recreation or assembly.

“Recreation use area” means an area designed by the HOA to “accommodate foot traffic for recreation, including but not limited to, sports fields, golf courses, playgrounds, picnic grounds, or pet exercise areas. This recreation may be either formal or informal.” (Wat. Code § 10608.12(aa).)

“Community space” means an area designated by the HOA to “accommodate foot traffic for civic, ceremonial, or other community events or social gatherings.” (Wat. Code § 10608.12(j).)

Exceptions Permitting Potable Water
Using potable water to irrigate nonfunctional turf is not prohibited in any of the following situations:

Exception: Tree/Plant Health – The use of potable water to irrigate nonfunctional turf is not prohibited “to the extent necessary to ensure the health of trees and other perennial nonturf plantings.” (Wat. Code § 10608.14(b).)

Exception: Imminent Health & Safety – The use of potable water to irrigate nonfunctional turf is not prohibited “to the extent necessary to address an immediate health and safety need.” (Wat. Code § 10608.14(b).)

Certification of Compliance by HOAs
An HOA, common interest development or community service organization that has more than 5,000 square feet of irrigated common area must certify to the California State Water Resources Control Board, commencing June 30, 2031, and every three (3) years thereafter through the year 2040, that their property is in compliance with the foregoing requirements. (Wat. Code § 10608.14(e)(2).)

Liability for Noncompliance
An HOA that does violates these requirements is subject to liability as set forth in Water Code Section 1846 (which includes daily fines, among other forms of liability), as well as civil liability and penalties imposed by an urban retain water supplier pursuant to a local ordinance. (Wat. Code § 10608.14(f).)

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