EXHIBIT "A"
STATEMENT OF BOISE CITY ATTORNEY
AS TO ADEQUACY OF SUMMARY
OF ORDINANCE NO. ORD-28-26
The undersigned, Kimberli Stretch, in her capacity as Deputy City Attorney of the city of Boise City, Idaho, hereby certifies that she is a legal advisor of the City and has reviewed a copy of the attached Summary of Ordinance No. ORD-28-26 of the City of Boise City, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3).
DATED this 30th day of June, 2026.
Kimberli Stretch
Deputy City Attorney
SUMMARY OF ORDINANCE NO. ORD-28-26
OF THE CITY OF BOISE CITY, IDAHO
PUBLIC NOTICE IS HEREBY GIVEN that the city of Boise City, Idaho, adopted at its regular meeting of June 30, 2026, that Ordinance No. ORD-28-26 entitled:
AN ORDINANCE ADOPTING A NEW CHAPTER 17 TO BOISE CITY CODE ("BCC") TITLE 1, ENTITLED "EMERGENCY DROUGHT RESPONSE"; SETTING FORTH THE LEGAL AUTHORITY, SECTION 1-17-1; ESTABLISHING THE PURPOSE AND INTENT, BCC SECTION 1-17-2; PROVIDING THE SCOPE, BCC 1-17-3; ESTABLISHING THE APPLICABILITY, BCC SECTION 1-17-4; PROVIDING THE DEFINITIONS, BCC SECTION 1-17-5; ESTABLISHING THE CONDITIONS TO DECLARE A DROUGHT EMERGENCY, BCC SECTION 1-17-6; TO DEFINE AND DESCRIBE EMERGENCY DROUGHTRESPONSE ORDERS, BCC SECTION 1-17-7; ESTABLISHING THE PROCESS FOR ENACTING EMERGENCY DROUGHT RESPONSE ORDERS, BCC SECTION 1-17-8;PROVIDING FOR EXEMPTIONS, BCC SECTION 1-17-9; PROVIDING FOR SUSPENSE AND WAIVER OF CERTAIN CITY ACTIVITIES, BCC SECTION 1-17-10; PROVIDING FOR FORCE MAJEURE, BCC SECTION 1-17-11; PROVIDING FOR RECONSIDERATION, BCC SECTION 1-17-12; PROVIDING FOR ENFORCEMENT, BCC SECTION 1-17-13; AND SETTING FORTH THE PENALTY, BCC SECTION 1-17-14; APPROVING A SUMMARY OF THE ORDINANCE; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE.
For Idaho, the winter of 2025-2026 was the second warmest on record since 1896. While its rainfall was near-normal, the State had record-low snowpack in all locations, except for high elevation parts of the panhandle and part of the south. The reduction in snowpack, warm spring temperatures and lack of precipitation resulted in spring runoff occurring and peaking about a month earlier than normal. This has a direct impact on reservoir levels, river flows and associated water supplies this summer and beyond. Additionally, Idaho experienced temperatures averaging six (6) degrees above normal from December through May. Due to these conditions, the Idaho Department of Water Resources issued an emergency drought declaration for all Idaho counties in April 2026, including Ada County. As of June 2026, the U.S. Drought monitor indicates Ada County's drought intensity as abnormally dry to moderate drought conditions.
The preservation of public health, safety, and welfare may require immediate action by the City in response to emergency threats to public health. Severe or prolonged drought is a public health issue and may cause significant impacts to the quantity and quality of water for human consumption, increase the incidence of illness and disease, cause adverse mental health outcomes, and overall increase mortality rates. To be proactive in anticipation of potential water supply challenges, the Public Works Water Resources team has collaborated with Legal to develop this Emergency Drought Response Ordinance.
This ordinance will authorize the Mayor to declare a public health emergency as an immediate response to foreseeable, imminent, or present drought conditions. The proposed ordinance creates a framework for the Mayor to issue orders in response to that drought-related public health emergency, subject to ratification by the City Council. The ordinance is developed under the City's public health emergency powers enabled by the Idaho Constitution Article XII and Idaho Code Sections 50-302, 204, 606 and 607.
The ordinance adopts a new chapter 17 to Title 1 of Boise City Code, summarized as follows:
CHAPTER 17
EMERGENCY DROUGHT RESPONSE
Section 1-17-1 sets forth the legal authority by which of Boise City ("City") may pass an ordinance granting certain powers to the Mayor related to public health emergencies.
Section 1-17-2 establishes in the purpose and intent of the chapter, in that the preservation of public health, safety, and welfare may require immediate action by the City in response to emergency threats to public health. Severe or prolonged drought is a public health issue and cities have the authority to restrict the use of water by its residents in emergency situations. This ordinance confers certain powers to the Mayor to declare a public health emergency as an immediate response to foreseeable, imminent, or present drought conditions.
Section 1-17-3 sets forth the conditions upon which such a declaration of a drought emergency may be made, the specific powers of the Mayor upon such a declaration, and the process for exercising the emergency powers of the Mayor.
Section 1-17-4 provides the applicability of the chapter to all persons in the corporate boundaries of Boise City who are connected to a public drinking water system. This ordinance is not applicable to any nonpotable water supplies.
Section 1-17-5 establishes the definitions for purposes of the chapter.
Section 1-17-6 sets forth the conditions upon which the Mayor can declare an emergency drought. The section outlines factors relevant to the severity of a drought, as well as water supply conditions to be considered. It provides that the Mayor may only issue an order commensurate with the present category of drought as indicated on the U.S. Drought Monitor, Drought Index for Ada County: for moderate drought – advisory or voluntary reduction orders; for severe or extreme – up to a mandatory reduction order; for exceptional drought—up to a mandatory cessation order.
Section 1-17-7 describes and sets forth a phased approach for emergency drought response orders, relationship of prior order to subsequent orders, and defines the different types of emergency drought response orders which are an advisory order, a voluntary reduction order, a mandatory reduction order, and mandatory cessation order.
Section 1-17-8 establishes the process for enacting emergency drought response order. Orders must be ratified by City Council and published in several different manners, including posting on the website and social media, and providing to local media outlets. The section provides for the term and extension of an order and the termination of the Mayor's authority to issue such an order.
Section 1-17-9 sets forth the purposes and uses of potable water that are exempt from this chapter and any order issued under its authority.
Section 1-17-10 provides that there may be suspension and waiver of certain city activities in consideration of the declaration of a drought emergency, such as suspending irrigation of parks or other open spaces for public use.
Section 1-17-11 provides that a declaration of a drought emergency is a force majeure and does not provide for any recovery from the City.
Section 1-17-12 sets forth the process by which an affected person aggrieved by an emergency drought ordinance may request reconsideration by the City Council and the procedure for the request to reconsider.
Section 1-17-13 provides for the enforcement of this chapter.
Section 1-17-14 sets forth the penalty for a violation of the chapter, which is an infraction for a first offense and a misdemeanor for a subsequent offense, as provided for in Title 1, Chapter 4 of Boise City Code.
The ordinance approves this summary, provides for a waiver of the reading rules, and provides for an effective date upon its passage, approval and publication. A copy of the full text of the Ordinance is available online at https://www.cityofboise.org/departments/city-clerk/public-meetings/#Upcoming_Meetings, clicking on the City Council meeting of June 30, 2026, and selecting "Meeting Agenda," or in person at the City Clerk's office, 150 North Capitol Boulevard, in Boise, Idaho 83701. Examination may be requested in writing or in person during regular business hours of the City Clerk's office, from 8:00 a.m. until 5:00 p.m. pursuant to Idaho Code
Title 50, Chapter 9, Section 01A(4).
DATED this 30th day of June 2026.
City of Boise City, Idaho ATTEST:
Lauren McLean Jamie Heinzerling
MAYOR CITY CLERK
IPL0354902
Jul 5 2026