Milpitas, CA Water Use Rules: Recycled Water Rules (2026)
Key Facts
- Governing section
- MMC § VIII-6-3.00, Subsec. 3.07
- Rule
- No potable irrigation if recycled water available
- Exceptions
- Cultural resources, Title 22 bar, Engineer finding
- First-offense fine
- Up to $100 (infraction)
- Repeat fine
- Up to $200, then $500 per violation/year
- Enforcement
- Administrative citation, §§ I-21-1.01-1.14
Summary
In the City of Milpitas, potable water cannot be used for irrigation whenever recycled, reclaimed, or treated sewage effluent water is available. The permanent restriction is enforced at all shortage levels and applies to landscape, turf, and outdoor irrigation citywide.
The following uses of potable water are prohibited at all times and are permanent: ... 3.07 Use for irrigation if recycled water, reclaimed water, or treated sewage effluent water is available, except in the following situations as deemed necessary by City Engineer/Public Works Director: (a)Irrigation of City Cultural Resources;(b)Where recycled water, reclaimed water, and treated sewage effluent water use is prohibited under Title 22 of the California Water Code;(c)Other situations where recycled water, reclaimed water, or treated sewage effluent water use is deemed inappropriate by the City Engineer/Public Works Director.
Full Breakdown
Milpitas Municipal Code Section VIII-6-3.00 lists the water uses that are prohibited at all times as "permanent" restrictions, and Subsection 3.07 puts irrigation with potable water off-limits wherever recycled water, reclaimed water, or treated sewage effluent water is available for that purpose. The code defines "Recycled water," "Reclaimed Water," or "Treated Sewage Effluent Water" in Section VIII-6-2.00, Subsection 2.01, as treated or recycled wastewater suitable for non-potable uses such as landscape irrigation and not intended for human consumption. The City Engineer or Public Works Director administers three carve-outs from the recycled-water mandate: irrigation of City Cultural Resources, situations where Title 22 of the California Water Code bars recycled-water use, and other cases the City Engineer or Public Works Director deems inappropriate for recycled water.
Section VIII-6-3.00 also folds in the City's 2020 Water Shortage Contingency Plan (WSCP), so the recycled-water requirement stacks with day-of-week and time-of-day irrigation limits (currently four days a week between 6:00 p.m. and 9:00 a.m., addresses split by odd/even house number) and with the cooling-tower and car-wash recirculation mandates in Subsections 3.05 and 3.06. Subsection 3.15 exempts water-treatment landscape features, such as green roofs built to satisfy the Municipal Regional Stormwater NPDES Permit No. CAS612008, C.3 Provision, from the related turf-watering-timing prohibitions in 3.11 through 3.13, and Subsection 3.17 allows exceptions where necessary for an immediate health and safety need or to comply with a state or federal permit condition. Enforcement runs through Section VIII-6-5.00, which routes violations of the whole conservation chapter to the City's general penalty and administrative citation provisions.
Violations & Fines
Section VIII-6-5.00 subjects any violation of the water conservation chapter, including the recycled-water-use requirement in 3.07, to the penalty provisions of Section I-1-4.09 or the administrative citation process in Sections I-21-1.01 through I-21-1.14. Under Section I-1-4.09-1, a Code violation treated as an infraction carries a fine up to $100 for a first offense, up to $200 for a second violation of the same act within one year, and up to $500 for each further violation within that year, with each day of continued violation counted as a new, separate infraction.
Frequently Asked Questions
Does Milpitas require using recycled water instead of potable water for irrigation?
Are there exceptions to Milpitas's recycled water irrigation rule?
What happens if a Milpitas property irrigates with potable water when recycled water is available?
Who enforces Milpitas's recycled water requirement?
Sources & Official References
Other rules in Milpitas
California rules heatmap·Compare Milpitas to another location·View the California water use rules overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.
Recycled Water Rules in Nearby Cities
How other cities in Santa Clara County handle recycled water rules.