In order to conserve the available water supply and/or to protect the integrity of water supply facilities, with particular regard for domestic water use, sanitation, and fire protection, and to protect and preserve public health, welfare, and safety and minimize the adverse impacts of water supply shortage or other water supply emergency conditions, the city adopts the following drought contingency plan.
(Ordinance 600 adopted 8/11/09)
The city council has a regular meeting in city hall located at 105 East Main, Post, Texas, on the first Tuesday of every month at 6:30 p.m. These meetings are open to the public and the public is encouraged to attend. All customers and citizens that receive water are encouraged to present concerns and comments to the council.
(Ordinance 600 adopted 8/11/09)
The city will periodically provide its customers with information about the plan, including information about the conditions under which each stage of the plan is to be initiated or terminated and the drought response measures to be implemented in each stage. This information will be provided through local newspapers, radio stations or by direct mail and other methods as the city deems appropriate. The city will periodically provide information on water conservation methods for the various uses of water.
(Ordinance 600 adopted 8/11/09)
The city manager, or his/her designee, is hereby authorized and directed to implement the applicable provisions of this plan upon determination that such implementation is necessary to protect public health, safety, and welfare. The city manager, or his/her designee, shall have the authority to initiate or terminate drought or other water supply emergency response measures as described in this plan.
(Ordinance 600 adopted 8/11/09)
The provisions of this plan shall apply to all customers utilizing water provided by the city. The terms “person” and “customer” as used in the plan include individuals, corporations, partnerships, associations, and all other legal entities.
(Ordinance 600 adopted 8/11/09)
For the purposes of this plan the following definitions shall apply:
Average daily water consumption.
The volume of water consumed in a 24-hour period averaged over a three consecutive day period.
Conservation.
Those practices, techniques and technologies that reduce the consumption of water, reduce the loss of waste of water, improve efficiency in the use of water or increase the recycling and reuse of water so that a supply is conserved and made available for future or alternative use.
Customer.
Any individual, corporation, partnership, association, and any other legal entity utilizing water provided by the city.
Domestic water use.
Water use for personal needs or for household or sanitary purposes such as drinking, bathing, heating, cooking, sanitation or for cleaning a residence, business, industry, or institution.
Landscape irrigation use.
Water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf course green, tee, and fairways, parks and rights-of-way and medians.
(Ordinance 600 adopted 8/11/09)
(a) 
The city manager, or his/her designee, shall monitor water supply and/or demand conditions and shall determine when conditions warrant initiation or termination of each stage of the plan. Customer notification of the initiation or termination of drought response stages will be made by mail, news media or any other method deemed appropriate by the city manager.
(b) 
The following four levels or “trigger conditions” may be used for determining the degree of urgency for initiation of the drought restriction and contingency measures set forth in section 13.04.069 “water restriction measures”:
(1) 
Mild.
(2) 
Moderate.
(3) 
Severe.
(4) 
Emergency.
(c) 
The triggering criteria for water allocation may be based on any one of the following conditions:
(1) 
Mild water shortage conditions.
(A) 
Requirements for initiation:
(i) 
White River Municipal Water District (district) initiates mild conditions of its drought contingency plan.
(ii) 
Total daily water consumption exceeds 80% of the city’s water production capacity for three consecutive days.
(iii) 
Weather conditions indicate that high use is likely to continue.
(B) 
Requirements for termination:
(i) 
District terminates mild conditions of its drought contingency plan.
(ii) 
Total daily water consumption drops below 80% of the city’s water production capacity for three consecutive days.
(2) 
Moderate water shortage conditions.
(A) 
Requirements for initiation:
(i) 
District initiates moderate conditions of its drought contingency plan.
(ii) 
Total daily water consumption exceeds 90% of the city’s water production capacity for three consecutive days.
(iii) 
Any malfunction of the city’s equipment necessary for the production, transmission, storage or delivery of water which will require more than 24 hours to repair when a mild drought condition exists.
(B) 
Requirements for termination:
(i) 
District terminates moderate conditions of its drought contingency plan.
(ii) 
Total daily water consumption drops below 90% of the city’s water production capacity for three consecutive days.
(iii) 
City equipment has been repaired and placed back in service.
(3) 
Severe water shortage conditions.
(A) 
Requirements for initiation:
(i) 
District initiates severe conditions of its drought contingency plan.
(ii) 
Total daily water consumption exceeds 100% of the city’s water production capacity for three consecutive days.
(iii) 
Average daily water consumption will not allow storage levels to be maintained.
(iv) 
Any malfunction of the city’s equipment necessary for the production, transmission, storage or delivery of water which will require more than 12 hours to repair when a moderate drought condition exists.
(B) 
Requirements for termination:
(i) 
District terminates severe conditions of its drought contingency plan.
(ii) 
Total daily water consumption drops below 100% of the city’s water production capacity for three consecutive days.
(iii) 
City equipment has been repaired and placed back in service.
(4) 
Emergency water shortage conditions.
(A) 
Requirements for initiation:
(i) 
District initiates emergency conditions of its drought contingency plan.
(ii) 
Mechanical failure resulting in a loss of at least 25% of the city’s water production capacity.
(iii) 
Contamination of the water system.
(B) 
Requirements for termination:
(i) 
District terminates severe conditions of its drought contingency plan.
(ii) 
Mechanical repairs are completed and the city’s production capacity is restored.
(iii) 
Water system has been declared safe from contamination.
(Ordinance 600 adopted 8/11/09)
The city manager, or his/her designee, shall monitor water supply and/or demand conditions and, in accordance with the triggering criteria set forth in section 13.04.068, shall determine that mild, moderate, or severe water shortage conditions exist or that an emergency condition exists and may implement the following actions:
(1) 
Mild water shortage conditions.
(A) 
Goal: achieve a voluntary 5 percent reduction in total water use.
(B) 
The city manager, or his/her designee(s), will contact large volume water customers to discuss water supply and/or demand conditions and will request that water customers initiate voluntary measures to reduce water use.
(C) 
Publicize a voluntary restriction of nonessential water use as set forth herein. Nonessential water uses shall include, but are not necessarily limited to, the following:
(i) 
Washing of windows, sidings, eves and roof with a hose, and without the use of a bucket and cutoff valve.
(ii) 
Washing of vehicles without cutoff valve and bucket.
(iii) 
Unattended sprinkling of grass, gardens and landscape shrubs.
(iv) 
Allowing water to run off vegetated areas onto streets, sidewalks, parking lots, etc.
(v) 
Draining and filling swimming pools.
(vi) 
Flushing of water systems, except to remove contaminated water.
(D) 
Publicize a schedule for voluntary outdoor use of water for lawn, garden and landscape irrigation as follows:
(i) 
Customers with addresses ending in an even number (2, 4, 6, 8, 0) may water on even-numbered days of the month.
(ii) 
Customers with addresses ending in an odd number (1, 3, 5, 7, 9) may use on odd-numbered days of the month.
(iii) 
Entities which have parcels of property either with no addresses or with two addresses shall designated by the city manager whether the property will be watered on either an even number or odd number schedule.
(E) 
The city manager, or his/her designee(s), will provide a weekly report to the city council and news media with information regarding current water supply and/or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices.
(2) 
Moderate water shortage conditions.
(A) 
Goal: achieve a 10 percent reduction in total water use.
(B) 
The city manager, or his/her designee(s), will initiate weekly contact with large volume water customers to discuss water supply and/or demand conditions and request large volume customers to initiate mandatory measures to reduce nonessential water use.
(C) 
Publicize a mandatory restriction of nonessential water use. All water uses that are nonessential must be restricted as set forth herein. Nonessential water uses shall include, but are not necessarily limited to, the following:
(i) 
Washing of windows, sidings, eves and roof with a hose, and without the use of a bucket and cutoff valve.
(ii) 
Washing of vehicles without cutoff valve and bucket.
(iii) 
Unattended sprinkling of grass, gardens and landscape shrubs.
(iv) 
Allowing water to run off vegetated areas onto streets, sidewalks, parking lots, etc.
(v) 
Draining and filling swimming pools.
(vi) 
Flushing of water systems, except to remove contaminated water.
(D) 
Publicize a schedule for mandatory outdoor use of water for lawn, garden and landscape irrigation as follows:
(i) 
Customers with addresses ending in an even number (2, 4, 6, 8, 0) may water on even-numbered days of the month only during the following times: 5:00 a.m. to 8:00 a.m.
(ii) 
Customers with addresses ending in an odd number (1, 3, 5, 7, 9) may water on odd-numbered days of the month only during the following times: 5:00 a.m. to 8:00 a.m.
(iii) 
Entities which have parcels of property either with no addresses or two addresses shall be designated by the city manager whether the property will be watered on either an even number or odd number schedule and may water only during the following times: 5:00 a.m. to 8:00 a.m.
(E) 
The city manager, or his/her designee(s), will provide a weekly report to the city council and news media with information regarding current water supply and/or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices.
(3) 
Severe water shortage conditions.
(A) 
Goal: achieve a 15 percent reduction in total water use.
(B) 
The city manager, or his/her designee(s), will contact large volume water customers to discuss water supply and/or demand conditions and will request that wholesale water customers initiate additional mandatory measures to reduce nonessential water use.
(C) 
The use of water is prohibited for the following uses:
(i) 
Water uses which are not essential for health, safety and sanitary purposes. These nonessential uses include, but are not necessarily limited to, the following:
a. 
Washing of windows, sidings, eves and roof, etc.
b. 
Washing of vehicles.
c. 
Landscape watering.
d. 
Watering of parks, athletic fields, golf courses, etc.
e. 
Street washing.
f. 
Fire hydrant flushing.
g. 
Filling swimming pools.
h. 
Dust control sprinkling.
(ii) 
Commercial/industrial uses will be controlled to the extent dictated by the city manager. Businesses requiring water as a basic function of the business, such as nurseries, commercial carwash, laundromats, high pressure water cleaning, well flooding, livestock watering, etc. will obtain written permission for the intended use from the city manager.
(iii) 
The system priority for water service shall be based on the following priority list (listed from highest priority to lowest priority):
a. 
Hospitals.
b. 
Residential (family dwellings, nursing homes, assisted living centers, etc.).
c. 
Schools.
d. 
Industrial/commercial.
e. 
Recreational.
This system priority shall assist the city manager in determining the curtailment of water use. The city manager has the authority to restrict the water use of the lower priority users to provide available water to the higher priority users.
(D) 
The city manager, or his/her designee(s), will provide a weekly report to the city council and news media with information regarding current water supply and/or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices.
(4) 
Emergency water shortage conditions.
Whenever emergency water shortage conditions exist as defined in section 13.04.067 of the plan, the city manager shall:
(A) 
Assess the severity of the problem and identify the actions needed and time required to solve the problem.
(B) 
Inform the city council and news media and suggest actions, as appropriate, to alleviate problems (e.g., notification of the public to reduce water use until service is restored).
(C) 
If appropriate, notify county, and/or state emergency response officials for assistance.
(D) 
Undertake necessary actions, including repairs and/or cleanup as needed.
(E) 
Prepare a post-event assessment report on the incident and critique of emergency response procedures and actions.
(Ordinance 600 adopted 8/11/09)
(a) 
The city manager, or his/her designee, may, in writing, grant a temporary variance to the policies provided by this plan if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the public health, welfare, or safety and if one or more of the following conditions are met:
(1) 
Compliance with this plan cannot be technically accomplished during the duration of the water supply shortage or other condition for which the plan is in effect.
(2) 
Alternative methods can be implemented which will achieve the same level of reduction in water use.
(b) 
Persons requesting an exemption from the provisions of this plan shall file a petition for variance with the city manager within 5 days after drought stage has been declared. All petitions for variances shall be reviewed by the city council, and shall include the following:
(1) 
Name and address of the petitioner(s).
(2) 
Detailed statement with supporting data and information as to how the current drought stage restrictions adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this division.
(3) 
Description of the relief requested.
(4) 
Period of time for which the variance is sought.
(5) 
Alternative measures the petitioner is taking or proposes to take to meet the intent of this plan and the compliance date.
(6) 
Other pertinent information.
(c) 
Variances granted by the city council shall be subject to the following conditions, unless waived or modified by the city council or its designee:
(1) 
Variances granted shall include a timetable for compliance.
(2) 
Variances granted shall expire when the plan is no longer in effect, unless the petitioner has failed to meet specified requirements.
(d) 
No variance shall be retroactive or otherwise justify any violation of this plan occurring prior to the issuance of the variance.
(Ordinance 600 adopted 8/11/09)
(a) 
Penalty.
Any person, firm or corporation violating any provision of the mandatory water restriction measures (moderate, severe or emergency conditions), as set forth in section 13.04.069, and which have been formally initiated by city manager and contained in the drought contingency plan, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court, shall be punished as set forth herein for each offense. Each and every day any such violation shall continue shall be deemed to constitute a separate offense.
(b) 
First violation.
Customer will be notified of their specific violation. Customer will be given up to 72 hours from date of notice, with the time of the notice serving as the start of the 72-hour period, to comply with the conditions set forth in the notice. At the end of said 72-hour period if the violation continues then the violation will be considered a second violation.
(c) 
Second violation.
(1) 
A second violation will mean:
(A) 
The customer has prior receipt of a first violation notification; or
(B) 
The customer has received a first violation notification and said 72-hour compliance period associated with the first violation notification has expired signifying a second violation.
(2) 
After notice of second violation, the city will assess the customer a fine of fifty dollars ($50.00) for each 24-hour period of violation of the second violation offense, with the 24-hour period starting at the time of notification of second violation. Customer will be given up to 72 hours from date of notice of second violation, with the time of the notice serving as the start of the 72-hour period, to comply with the conditions set forth in this article. At the end of the 72-hour period if the violation continues then the violation will be considered a subsequent violation.
(d) 
Subsequent violation.
(1) 
A subsequent violation will mean:
(A) 
The customer has prior receipt of a second violation notification; or
(B) 
The customer has received a second violation notification and said 72-hour compliance period associated with the second violation notification has expired signifying a subsequent violation; or
(C) 
The customer has received a subsequent violation notification.
(2) 
After notice of subsequent violation(s), the city will assess the customer a fine of two hundred dollars ($200.00) for each 24-hour period of violation of the subsequent violation offense, with the 24-hour period starting at the time of notification of subsequent violation.
(Ordinance 600 adopted 8/11/09)