[Adopted 12-15-2005 by Ord. No. 2005-15]
A.
The governing body has determined that the public health, safety,
and welfare requires maximum beneficial use of its available water
resources to the extent to which it is capable, and that the conservation
and most efficient use of water is in the best interest of the community.
B.
The purpose of this article is to provide a means for the governing
body to implement measures to manage water use in response to emergencies
or catastrophic events that may disrupt the municipal water supply
system.
C.
As a basis for initiating actions pursuant to this article, the governing
body finds that water shortages may exist due to one or more of the
following conditions:
(1)
A general water supply shortage due to a sudden increase in demand
or a reduction or limitation at the source of supply;
(2)
The distribution system or storage facilities of the water utility
are inadequate to meet the current or anticipated demands of the water
service customers;
(3)
The water supply system is unable to maintain the minimum water quality
standards in accordance with all applicable laws and regulations;
or
(4)
A mechanical or structural breakdown of the supply, storage and/or
distribution facilities of the water supply system.
Definitions as contained in Article II, Conservation, of this Section 9-2, shall apply to this article (see § 9-2-24).
A.
The governing body is authorized to determine and declare that a
water emergency exists within the municipal water service area and,
upon such determination, to promulgate regulations, rules and conditions
relative to the use of water in order to relieve the water shortage.
B.
The Village Administrator, following public notice, is authorized
to implement the emergency water shortage plan through the applicable
provisions of this article.
A.
The provisions of this article shall apply to all persons, customers
and property served by the municipal water utility system. With the
exception of temporary water emergency surcharges, these provisions
shall also apply to all water users within the corporate limits of
the municipality.
B.
All domestic wells within the jurisdiction of the municipality shall
be governed by this article as authorized by state law (NMSA 1978,
§§ 3-53-1, 3-53-1.1 and 3-53-2).
A.
Any of the following water emergency stages may be declared by the
governing body following a determination regarding the severity of
conditions leading to a water shortage. Such determination shall be
based on the best available information and data regarding the water
supply and distribution system.
B.
There are three water emergency stages which are triggered by an
impending shortage of water estimated to occur during a specified
period of time in the immediate future. If the severity of the water
emergency lessens, the governing body may downgrade the water shortage
to a lower stage or discontinue the water emergency. The water use
restrictions and regulations of each stage are added to all higher
level stages, unless the higher stage has more stringent requirements.
(1)
Stage 1: Water Shortage Advisory - Voluntary Compliance. Whenever
the estimated demands on the water system exceed the estimated supply
such that it appears that there will be a substantial shortage of
water over the next twelve-month period, a Stage 1 Water Shortage
Advisory will be declared. The following requirements shall be in
effect and, unless otherwise noted, are voluntary but strongly encouraged:
(a)
The Village Administrator or designee shall make public announcements
through the local news media that an impending water problem exists,
explaining the water conservation requirements of the Stage 1 Water
Shortage Advisory.
(b)
All residents are encouraged to minimize indoor water use by
utilizing high-efficiency fixtures and appliances, decreasing water
use for eating and cleaning purposes, and eliminating all on-site
water leaks.
(c)
Restaurants and banquets are requested to discontinue serving
non-bottled drinking water, except upon request.
(d)
Hotels and motels are urged to implement water conservation
measures, including less frequent changing of towels and bed linens
during short stays, except upon request.
(e)
All watering shall be strongly discouraged between 12:00 noon
and 6:00 p.m. daily from the first day of May to the last day of August
of each calendar year.
(f)
The use of potable (drinking) water for dust control and washing
down sidewalks, driveways, parking areas, tennis courts, patios, or
other paved areas shall be strongly discouraged.
(g)
Routine fire hydrant flushing shall be curtailed except to alleviate
specific complaints.
(h)
Commercial and industrial water users are urged to implement
water conservation plans for their facilities and decrease water consumption.
(j)
The use of harvested (stored) rainwater and household gray water
for outdoor watering is recommended and encouraged.
(k)
All domestic well operators are urged to reduce water use to
the minimum levels of absolute necessity.
(2)
Stage 2: Water Shortage Alert - Mandatory Compliance. Whenever the
estimated demands on the water system exceed the estimated supply
such that it appears that there will be substantial shortage of water
over the next six-month period, a Stage 2 Water Shortage Alert will
be declared. The following mandatory requirements, in addition to
the requirements of the Stage 1 Water Shortage Advisory, shall be
in effect:
(a)
The Village Administrator shall make public announcements through
the local news media that an immediate water problem exists, explaining
the water conservation requirements of the Stage 2 Water Shortage
Alert.
(b)
With the exception of hand watering, drip or subsurface irrigation,
use of reclaimed or gray water, all landscape spray irrigation shall
be prohibited between 12:00 noon and 6:00 p.m. daily. Landscape watering
will be limited to no more than three days a week according to the
following schedule; the last number of the street address shall determine
watering days:
(c)
No new in-ground landscaping shall be planted except for xeriscapes
which utilize drip or subsurface irrigation.
(d)
The use of potable (drinking) water for dust control and washing
down sidewalks, driveways, parking areas, tennis courts, patios or
other paved areas shall be prohibited.
(e)
The use of potable (drinking water) for washing of vehicles,
equipment, trailers, or boats shall be prohibited, except by use of
a hand-held bucket or hoses with shut-off nozzles.
(f)
A temporary water emergency surcharge shall be instituted as
an overlay onto the existing water rate structure on the first billing
cycle following declaration of a Stage 2 Water Shortage Alert or a
Stage 3 Water Shortage Emergency. A water emergency surcharge for
residential customers shall be applied at a rate of $5 for every 1,000
gallon increment above 12,000 gallons. All industrial and commercial
users will be surcharged $1 per 1,000 gallons for all water billed
during the Stage 2 Water Shortage Alert or Stage 3 Water Shortage
Emergency.
(3)
Stage 3: Water Shortage Emergency - Mandatory Compliance. Whenever
a major failure or disruption of the municipal water supply system
occurs, or whenever the estimated demands on the water system exceed
the estimated supply such that it appears that there will be a substantial
shortage of water over the next two-month period, a Stage 3 Water
Shortage Emergency will be declared. The following mandatory requirements,
in addition to the requirements of the Stage 1 Water Shortage Advisory
and the Stage 2 Water Shortage Alert, shall be in effect:
(a)
The Village Administrator shall make public announcements through
the local news media that a severe water shortage problem exists,
explaining the water conservation requirements of the Stage 3 Water
Shortage Emergency.
(b)
Subject to certain exceptions, outdoor watering of any lawn,
garden, or landscaped area shall be prohibited. Watering performed
with a drip irrigation system, subsurface irrigation, reclaimed or
gray water is exempt from these requirements. Using a hand-held bucket
or hose to water trees, shrubs, and containerized plants is also permitted.
(Public facilities for the use of residents and youth of Bosque Farms
shall be excluded.)
(c)
Nurseries watering container plant stock shall be exempt from
the restrictions of this article.
(d)
Fire hydrant flushing shall be prohibited except for fire fighting
or emergency potable water supply for human or animal consumption.
(e)
Use of potable water for recreational or aesthetic purposes
such as water slides, fountains, or yard play shall be prohibited.
(f)
All commercial and industrial water users shall implement a
water conservation program to reduce water use to the minimum levels
of absolute necessity.
(g)
Depending on the expected severity of the water emergency situation,
the governing body shall not be limited to the defined requirements
of this article. Should the water emergency be of such magnitude to
demand more stringent action such as closure of the facilities and
services, the governing body shall have the authority to impose more
severe restrictions or action.
A.
The Village Administrator or designee shall be responsible for the
enforcement of this article. The governing body may prescribe policies,
rules, or regulations to carry out the intent and purposes of this
article.
B.
Following a determination by the Village Administrator that a violation
of any mandatory requirement of this article has occurred, the responsible
party shall be issued a written warning to abate such violation immediately.
C.
After written notification, should any responsible party continue
to violate the state mandatory requirement, that party shall be cited
into Municipal Court by the Village Administrator. Upon conviction
of a violation of this article, the party shall be subject to a fine
not exceeding $500 or imprisonment for a period not exceeding 90 days,
or both such fine and imprisonment. Each violation of any mandatory
requirement of this article shall be considered a separate offense.
Water service may be suspended for repeat violators.
