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Milpitas, CA Water Use Rules: Leak Reporting Duty (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Level 2 deadline
5 days to fix leak
Level 6 deadline
1 day to fix leak
Permanent rule
broken plumbing use always banned
Shortage authority
City Council by resolution
First-offense fine
up to $100

Summary

Milpitas water customers must fix leaks, breaks and malfunctions in a timely manner at all times, and the City's Water Shortage Contingency Plan turns that duty into a hard deadline once a shortage is declared, from five days at Level 2 down to a single day at Level 6.

Other - Customers must repair leaks, breaks, and malfunctions in a timely manner 0–1% Fix leaks or faulty sprinklers promptly/within 5 days. Yes ... 3.04 Use through broken or defective plumbing, sprinkler, watering, or irrigation systems.

Full Breakdown

Milpitas Municipal Code § VIII-6-3.00 makes leak repair a permanent, standing duty and then layers escalating deadlines on top of it once the City Council declares a water shortage level. As a permanent restriction under Exhibit A's Table 3-1, item 3.04 prohibits potable water use 'through broken or defective plumbing, sprinkler, watering, or irrigation systems' at all times, shortage or not. Exhibit B's Table 3-2, adopted into the Chapter by reference, then sets the specific clock: at Level 2 (an 11 to 20 percent shortage) customers must 'fix leaks or faulty sprinklers promptly/within 5 days'; the deadline drops to four days at Level 3, three days at Level 4, two days at Level 5, and one day at Level 6, with each tier marked enforceable ('Yes') in the table's own enforcement column.

The City Manager or designee determines the applicable shortage level through the Annual Water Supply and Demand Assessment required by California Water Code § 10632, and the City Council adopts the level and its demand-reduction actions by resolution under § VIII-6-4.00, after which the WSCP restrictions for that level take effect immediately. Section VIII-6-7.00 carves out fountains, irrigation systems, cooling towers and dual-plumbed sites that run on non-potable or recycled water from the leak-repair and rationing rules generally. Improved AMI (advanced metering infrastructure) leak reporting to customers is itself listed as a Level 2 demand-reduction action, meaning the City's own billing system is expected to flag leaks to customers as shortage levels rise.

Violations & Fines

Section VIII-6-5.00 makes any violation of the Water Conservation chapter, including a missed leak-repair deadline, subject to 'the penalties provision set forth in Section I-1-4.09,' the citywide infraction schedule: up to $100 for a first violation, up to $200 for a second violation of the same act within a year, and up to $500 for each further violation, or an administrative citation under §§ I-21-1.01 through I-21-1.14, with each day of noncompliance a separate offense.

Frequently Asked Questions

Do I have to fix a leaking sprinkler even when there's no drought?
Yes. Milpitas Municipal Code § VIII-6-3.00, item 3.04, permanently bans using potable water 'through broken or defective plumbing, sprinkler, watering, or irrigation systems,' with no shortage declaration required for that prohibition to apply.
How fast do I have to fix a leak once a shortage is declared?
It depends on the level the City Council adopts. Table 3-2 of the Water Shortage Contingency Plan requires repair within 5 days at Level 2, tightening to 4 days at Level 3, 3 at Level 4, 2 at Level 5 and 1 day at Level 6.
Who decides which shortage level Milpitas is in?
The City Manager or designee prepares an Annual Water Supply and Demand Assessment under California Water Code § 10632, and the City Council adopts the shortage level and its demand-reduction actions by resolution under Milpitas Municipal Code § VIII-6-4.00.

Sources & Official References

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