Water thieves can receive $10,000 fines with passing of local ordinance and new Senate Bill

Senate Bill 394 and water theft was discussed at the most recent Joshua Basin Water District (JBWD) Special Meeting held on Thursday, (10/15). Director of Administration David Shook presented a staff report, saying that water theft from fire hydrants is becoming an increasing concern throughout California. The Senate Bill was introduced by Senator Ben Allen (D) and expands the limits for utilities to pursue civil damages for those caught stealing from fire hydrants. Director Shook says that in some cases, water theft takes place by large commercial haulers who use specialized equipment to access a fire hydrant for use in commercial construction, landscaping, and agriculture.

Water theft impacts equipment and infrastructure

When unauthorized access to a fire hydrant takes place, not only is the district and its ratepayers losing water but the surrounding infrastructure can be damaged. Director Shook says this happened just recently just a few blocks from the JBWD offices in Joshua Tree.

“One of the more recent ones actually caused a leak on Center Street, which we just recently replaced that water line there” he explained to the Board of Directors. “So what happens is what’s called ‘water hammer.’ If someone opens a hydrant incorrectly and takes water from it and it’s shut down too quickly, that affects the pipe that’s attached to it. If it’s a weak and faulty pipe, that can create a leak, which is exactly what happened on Center (Street) just two blocks from here.”

By adopting Ordinance 2612, Joshua Basin Water District would have to rollout the increased enforcement in five phases: beginning with adoption of the ordinance, following with an education period and “grace” period of around 30 days each before enforcement can begin. Director Shook says that serious or intentional water theft will remain subject to immediate enforcement. Once that stricter enforcement begins, a board evaluation will take place approximately six months after the ordinance is put into effect.

Proposed fines for the new ordinance

Any person who commits water theft via meter tampering is punishable as follows:

• A fine of one hundred thirty dollars ($130) for a first violation
• A fine of seven hundred dollars ($700) for a second violation within one
  year of the first violation of the same; and
• A fine of one thousand three hundred dollars ($1,300) for the third
  violation and each additional violation of the same.

Any person who commits water theft via an unauthorized connection to a fire hydrant is punishable as follows:

• A fine of two thousand five hundred dollars ($2,500) for a first violation
• A fine of five thousand dollars ($5,000) for a second violation of the
  same; and
• A fine of ten thousand dollars ($10,000) for the third violation and each
  additional violation of the same.

Any person who commits water theft via any other means or forms is punishable as follows:

• A fine of one thousand dollars ($1,000) for a first violation;
• A fine of two thousand ($2,000) for a second violation within one year of
  the first violation of the same; and
• A fine of three thousand dollars ($3,000) for the third violation and each
  additional violation of the same.

“How do we catch them?”

The board was in full support of adopting the ordinance, but Director Jane Jarlsberg had a simple question regarding enforcing the ordinance and the thieves it is meant to punish: “how do we catch them?”

Director Shook says that part of that 30-day education period would be signage or stickers informing anyone about the law and the consequences of breaking it. Other water districts have also implemented a rewards progream, giving bill credits for those who report water theft. The board and staff discussed different ways of reaching out to customers to let them know that if they see someone stealing water, they should contact law enforcement and the water district.

Part of the issue with enforcement is the remote nature of many of the fire hydrants, spread through the 96-square miles that Joshua Basin Water District services. Director Shook said that he researched what other water districts have done to try and mitigate water theft and equipment damage. “One agency even invested $250,000 to put cameras on a number of fire hydrants.. I don’t know how many they were able to cover.” he told the board.

Director Jarlsberg asked how many fire hydrants the Joshua Basin Water District currently services, and without looking it up Director Shook replied “1,426.”

The Board passed Ordinance 2612 unanimously.

You can read the full text of the Senate Bill here.

The text of the ordinance was included in the October 15 agenda for the Joshua Basin Water District meeting.