(a) 
The city hereby adopts the following regulations and restrictions on the delivery and consumption of water 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.
(b) 
Water uses regulated or prohibited herein are considered to be nonessential and continuation of such uses during times of water shortage or other emergency water supply condition are deemed to constitute a waste of water which subjects the offender(s) to penalties.
(Ordinance 2019-11 adopted 6/13/19)
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 2019-11 adopted 6/13/19)
The provisions of this plan shall apply to all persons, customers, and property 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 2019-11 adopted 6/13/19)
For the purposes of this plan, the following definitions shall apply:
Aesthetic Water Use.
Water use for ornamental or decorative purposes such as fountains, reflecting pools, and water gardens.
Commercial and Institutional Water Use.
Water use which is integral to the operations of commercial and nonprofit establishments and governmental entities such as retail establishments, hotels and motels, restaurants, and office buildings.
Conservation.
Those practices, techniques, and technologies that reduce the consumption of water, reduce the loss or waste of water, improve the 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 use alternative uses.
Customer.
Any person, company, or organization using water supplied by the City of Gonzales.
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.
Even-Numbered Addresses.
Street addresses, box numbers, or rural postal route numbers ending in 0, 2, 4, 6, 8 and locations without addresses.
Industrial Water Use.
The use of water in processes designed to convert materials of lower value into forms having greater usability and value.
Landscape Irrigation Use.
Water used for irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens golf courses, parks, and rights-of-way and medians.
Nonessential Water Use.
Water uses that are not essential nor required for the protection of public, health, safety, and welfare, including:
(1) 
Irrigation of landscape areas, including parks, athletic fields, and golf courses, except otherwise provided under this plan;
(2) 
Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle;
(3) 
Use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced area;
(4) 
Use of water to wash down buildings or structures for purposes other than immediate fire protection;
(5) 
Flushing gutters or permitting water to run or accumulate in any gutter or street;
(6) 
Use of water to fill, refill, or add to any indoor or outdoor swimming pools or Jacuzzi-type pools;
(7) 
Use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to support aquatic life;
(8) 
Failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s); and
(9) 
Use of water from hydrants for construction purposes or any other purposes other than firefighting.
Odd-numbered addresses.
Street addresses box numbers, or rural postal route numbers ending in 1, 3, 5, 7, and 9.
(Ordinance 2019-11 adopted 6/13/19)
(a) 
The city manager, or his/her designee, shall monitor water supply and/or demand conditions on a daily basis and shall determine when conditions warrant initiation or termination of each stage of the plan, that is, when the specified "triggers" are reached.
(b) 
The triggering criteria described below are based on the flow rate of the Guadalupe River.
(c) 
Utilization of alternative water sources and/or alternative delivery mechanisms: Alternative water sources for the city are the Hwy 97 Water Well and potential interconnection through an emergency water supply agreement with Gonzales County Water Supply Corporation.
(Ordinance 2019-11 adopted 6/13/19)
(a) 
Stage 1 Triggers -- Mild Water Shortage Conditions.
(1) 
Requirements for Initiation.
Customers shall be requested to voluntarily conserve water and adhere to the prescribed restrictions on certain water uses, defined in section 13.604 for stage 1 when flows in the Guadalupe River are equal to or less than 200 cubic feet per second.
(2) 
Requirements for Termination.
Stage 1 of the plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of 3 consecutive days.
(b) 
Stage 2 Triggers -- Moderate Water Shortage Conditions.
(1) 
Requirements for Initiation.
Customers shall be required to comply with the requirements and restrictions on certain nonessential water uses as defined in section 13.604 for stage 2 when flows in the Guadalupe River are equal to or less than 100 cubic feet per second.
(2) 
Requirements for Termination.
Stage 2 of the plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of 3 consecutive days. Upon termination of stage 2, stage 1 becomes operative.
(c) 
Stage 3 Triggers -- Severe Water Shortage Conditions.
(1) 
Requirements for Initiation.
Customers shall be required to comply with the requirements and restrictions on certain nonessential water uses as defined in section 13.604 for stage 3 when flows in the Guadalupe River are equal to or less than 75 cubic feet per second.
(2) 
Requirements for Termination.
Stage 3 of the plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of 3 consecutive days. Upon termination of stage 3, stage 2 becomes operative.
(d) 
Stage 4 Triggers -- Critical Water Shortage Conditions.
(1) 
Requirements for Initiation.
Customers shall be required to comply with the requirements and restrictions on certain nonessential water uses as defined in section 13.604 for stage 4 when flows in the Guadalupe River are equal to or less than 50 cubic feet per second.
(2) 
Requirements for Termination.
Stage 4 of the plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of 3 consecutive days. Upon termination of stage 4, stage 3 becomes operative.
(e) 
Stage 5 Triggers -- Emergency Water Shortage Conditions.
(1) 
Requirements for Initiation.
Customers shall be required to comply with the requirements and restrictions for stage 5 of this plan when city manager, or his/her designee, determines that a water supply emergency exists based on:
(A) 
Major water line breaks, or pump or system failures occur, which cause unprecedented loss of capability to provide water service; or
(B) 
Natural or manmade contamination of the water supply source(s).
(2) 
Requirements for Termination.
Stage 5 of the plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of 3 consecutive days. Upon termination of stage 5, stage 4 becomes operative.
(Ordinance 2019-11 adopted 6/13/19)
(a) 
Stage 1 Response -- Mild Water Shortage Conditions.
(1) 
Target.
Achieve a voluntary 10 percent reduction in total water use.
(2) 
Best Management Practices for Supply Management.
(A) 
Reduced or discontinued flushing of water mains.
(B) 
Use of reclaimed water for nonpotable purposes.
(3) 
Voluntary Water Use Restrictions for Reducing Demand.
(A) 
Water customers are requested to voluntarily limit the irrigation of landscaped areas to Sundays and Thursdays for customers with a street address ending in an even number (0, 2, 4, 6, or 8), and Saturdays and Wednesdays for water customers with a street address ending in an odd number (1, 3, 5, 7, or 9), and to irrigate landscaped only between the hours of midnight and 10:00 a.m. and 8:00 p.m. midnight on designated watering days.
(B) 
All operations of the Gonzales Water Works shall adhere to water use restrictions prescribed for stage 2 of the plan.
(C) 
Water customers are requested to practice water conservation and to minimize or discontinue water use for nonessential purposes.
(D) 
Wholesale customers: The city manager or designee, will contact wholesale water customers to discuss water supply and/or demand conditions and will request that wholesale water customers initiate voluntary measure to reduce water use (e.g. implement stage 1 of the customer's drought contingency plan).
(b) 
Stage 2 Response -- Moderate Water Shortage Conditions.
(1) 
Target.
Achieve a 15 percent reduction in total water use.
(2) 
Best Management Practices for Supply Management.
(A) 
Reduced or discontinued flushing of water mains.
(B) 
Reduced or discontinued irrigation of public landscaped areas.
(C) 
Use of an alternative supply source(s).
(D) 
Use of reclaimed water for nonpotable purposes.
(3) 
Water Use Restrictions for Demand Reduction.
Under threat of penalty for violation, the following water use restriction shall apply to all persons:
(A) 
Irrigation of landscaped areas with hose-end sprinklers or automatic irrigation systems shall be limited to Sundays and Thursdays for customers with a street address ending in an even number (0, 2, 4, 6, or 8), and Saturdays and Wednesdays for water customers with a street address ending in an odd number (1, 3, 5, 7 or 9), and irrigation of landscaped areas is further limited to hours of 12:00 midnight until 10:00 a.m. and between 8:00 p.m. 12:00 midnight on designated watering days. However, irrigation of landscaped areas is permitted at any time if it is by means of a hand-held hose, a faucet filled bucket or watering can of five (5) gallons or less, or drip irrigation system.
(B) 
Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is prohibited except on designated watering days between the hours of 12:00 midnight and 10:00 a.m. and between 8:00 p.m. and 12:00 midnight. Such washing, when allowed, shall be done with a hand-held bucket or a hand-held hose equipped with a positive shutoff nozzle for quick rises. Vehicle washing may be done at any time on the immediate premises of a commercial carwash or commercial service station. Further, such as washing may be exempted from these regulations if the health, safety, and welfare of the public is contingent upon frequent vehicle cleansing, such as garbage trucks and vehicles used to transport food and perishables.
(C) 
Use of water to fill, refill, or add to any indoor or outdoor swimming pools, wading pools, or Jacuzzi-type pools is prohibited except on designated water days between the hours of 12:00 midnight and 10:00 am. and between 8:00 p.m. and 12:00 midnight.
(D) 
Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system.
(E) 
Use of water from hydrants shall be limited to firefighting, related activities, or other activities necessary to maintain public health, safety, and welfare, except that use of water from designated fire hydrants for construction purposes may be allowed under special permit from Gonzales Water Works.
(F) 
Use of water for the irrigation of golf course green, tees, and fairways is prohibited except on designated watering days between the hours 12:00 midnight and 10:00 a.m. and between 8:00 p.m. and 12:00 midnight. However, if the golf course utilizes a water source other than that provided by Gonzales Water Works, the facility shall not be subject to these regulations.
(G) 
All restaurants are prohibited from serving water to patrons except upon request of the patron.
(H) 
The following uses of water are defined as nonessential and are prohibited:
(i) 
Wash down of any sidewalks, walkways, driveways, parking lots, tennis courts or other hard-surfaced areas;
(ii) 
Use of water to wash down buildings or structures for purposes other than immediate fire protection;
(iii) 
Use of water for dust control;
(iv) 
Flushing gutters or permitting water to run or accumulate in any gutter or street; and
(v) 
Failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s).
(I) 
Wholesale customers:
(i) 
The city manager or designee, will contact wholesale water customers to discuss water supply and/or demand conditions and the possibility of pro rata curtailment of water diversions and/or deliveries.
(ii) 
The city manager or designee, will request wholesale water customers to initiate mandatory measures to reduce nonessential water use (e.g. implement stage 2 of the customer's drought contingency plan).
(iii) 
The city manager or designee, will initiate preparations for the implementation of pro rata curtailment of water diversions and/or deliveries by preparing a monthly water usage allocation baseline for each wholesale customer according the procedures specified in section 13.618.
(c) 
Stage 3 Response -- Severe Water Shortage Conditions.
(1) 
Target.
Achieve a 20 percent reduction in total water use.
(2) 
Best Management Practices for Supply Management.
(A) 
Reduced or discontinued flushing of water mains.
(B) 
Reduced or discontinued irrigation of public landscaped areas.
(C) 
Use of an alternative supply source(s).
(D) 
Use of reclaimed water for nonpotable purposes.
(3) 
Water Use Restrictions for Demand Reduction.
(A) 
Irrigation of landscaped areas shall be limited to designated watering days between the hours of 12:00 midnight until 10:00 a.m. and between 8:00 p.m. until 12:00 midnight and shall be by means of hand-held hoses, hand-held buckets, drip irrigation, or permanently installed automatic sprinkler system only. The use of hose-end sprinklers is prohibited at all times.
(B) 
The watering of golf course tees is prohibited unless the golf course utilizes a water source other than that provided by the Gonzales Water Works.
(C) 
The use of water for construction purposes from designated fire hydrants under special permit is to be discontinued.
(D) 
Wholesale customers:
(i) 
The city manager or designee, will contact wholesale water customers to discuss water supply and/or demand conditions and will request wholesale water customers to initiate mandatory measures to reduce nonessential water use (e.g. implement stage 3 of the customer's drought contingency plan).
(ii) 
The city manager or designee, will initiate pro rata curtailment of water diversions and/or deliveries for each wholesale customer according the procedures specified in section 13.618.
(d) 
Stage 4 Response -- Critical Water Shortage Conditions.
(1) 
Target.
Achieve a 25 percent reduction in total water use.
(2) 
Best Management Practices for Supply Management.
(A) 
Reduced or discontinued flushing of water mains.
(B) 
Reduced or discontinued irrigation of public landscaped areas.
(C) 
Use of an alternative supply source(s).
(D) 
Use of reclaimed water for nonpotable purposes.
(3) 
Water Use Restrictions for Demand Reduction.
(A) 
Irrigation of landscaped areas shall be limited to designated watering days between the hours of 6:00 a.m. until 10:00 a.m. and between 8:00 p.m. until 12:00 midnight and shall be by means of hand-held hoses, hand-held buckets, drip irrigation, or permanently installed automatic sprinkler system only. The use of hose-end sprinklers is prohibited at all times.
(B) 
Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle not occurring on the premises of a commercial carwash and commercial service stations and not in the immediate interest of public health, safety, and welfare is prohibited. Further, such vehicle washing at commercial carwashes and commercial service station shall occur only between hours of 6:00 a.m. and 10:00 a.m. and between 6:00 p.m. and 10:00 p.m.
(C) 
The filling, refilling, or adding of water to swimming pools, wading pools, and Jacuzzi-type pools is prohibited.
(D) 
Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system.
(E) 
No application for new, additional, expanded, or increased-in-size water service connections, meters, service lines, pipeline extensions, mains, or water service facilities of any kind shall be approved, and time limits for approval of such application are hereby suspended for such time as this drought response stage or a higher-numbered stage shall be in effect.
(F) 
Wholesale customers:
(i) 
The city manager or designee shall contact responsible wholesale water customer official by phone and request they implement stage 4 of their drought contingency plan.
(ii) 
The city manager or designee will initiate pro rata curtailment for water diversions to achieve a 20 percent reduction in all wholesale customers' drought contingency allocations.
(e) 
Stage 5 Response -- Emergency Water Shortage Conditions.
(1) 
Target.
Achieve a 30 percent reduction in total water use.
(2) 
Best Management Practices for Supply Management.
(A) 
Reduced or discontinued flushing of water mains.
(B) 
Reduced or discontinued irrigation of public landscaped areas.
(C) 
Use of an alternative supply source(s).
(D) 
Use of reclaimed water for nonpotable purposes.
(3) 
Water Use Restrictions for Demand Reduction.
All requirements of stage 2, 3, and 4 shall remain in effect during stage 5 except:
(A) 
Irrigation of landscaped areas is absolutely prohibited.
(B) 
Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is absolutely prohibited.
(C) 
Wholesale customers: The city manager or designee shall contact responsible wholesale water customer official by phone and request they implement stage 5 of their drought contingency plan.
(Ordinance 2019-11 adopted 6/13/19)
(a) 
Violations of this plan are declared to be civil penalties with remedies being fines paid directly to municipal court. Nonpayment of fines will result in surcharges assessed to the customer's water utility bill. Each violation of a particular component of this plan shall constitute a separate violation, and each day a violation continues shall be considered a new violation for purposes of enforcement and enhancement.
(b) 
The surcharge will be in addition to the regular water utility bill amount. The water utility office may discontinue water service to the premises if the surcharge is not paid as required under the plan. Any person whose service is discontinued for failure to pay the surcharge shall not be restored until payment of a reconnection charge and any other costs incurred by the city in discontinuing service.
(c) 
The city's authority to seek injunctive or other civil relief available under the law is not limited by this section. The following procedures shall apply to anyone contesting the penalties for violating the plan. The hearing process shall be a two-phase hearing process with [sic]
(Ordinance 2019-11 adopted 6/13/19)
(a) 
Any person, including a person classified as a water customer of city, in apparent control of the property where a violation occurs or originates shall be presumed to be the violator, and proof that the violation occurred on the person's property shall constitute a rebuttable presumption that the person in apparent control of the property committed the violation, but any such person shall have the right to show that he/she did not commit the violation.
(b) 
All notices shall be issued to the person or entity whose name appears on the water bill.
(c) 
In any case of a violation of any terms or provisions of this plan by any corporation, business, partnership, or entity, the officers and/or agents actively in charge of the business or entity shall be subject to the penalty provided herein.
(d) 
If a customer is irrigating during a time period or on a day when irrigation is not permitted for the street address of that customer and a city worker cannot find any person at that street address to turn off the irrigation system, the city worker may enter the property and turn off the irrigation system and/or the water source.
(Ordinance 2019-11 adopted 6/13/19)
(a) 
There shall be designated a hearing officer(s) who shall be appointed by the municipal court clerk/administrator.
(b) 
Hearing officer(s) shall have the authority to administer oaths and to issue orders compelling the attendance of witnesses and the production of documents.
(c) 
An order compelling the attendance of witnesses or the production of documents may be enforced by the municipal court.
(Ordinance 2019-11 adopted 6/13/19)
(a) 
The administrative adjudication process for plan violations shall be initiated by the issuance of a notice which may be issued by a peace officer or other authorized enforcement agent. Authorized enforcement agents shall include any police officer, water utilities worker, or other employee of the city designated by the city manager to enforce the provisions of this article in regard to the plan.
(b) 
The notice may be issued by affixing it to the front door of the property in question, in a conspicuous place.
(c) 
The notice shall provide that the person charged with violation of the plan shall have the right of hearing to determine the validity for the charged offense. Such right to a hearing shall be exercised by mail or by appearing in person before a hearing officer within ten (10) days from the date of the notice.
(d) 
The original or any copy of the notice or summons is a record kept in the ordinary course of business in the city and is rebuttable proof of the facts it contains.
(Ordinance 2019-11 adopted 6/13/19)
(a) 
At the hearing before the hearing officer, the violator may admit, admit with explanation, or deny the alleged infraction. It is not a defense to the offense that the violator did not intend the alleged infraction, there being no culpable mental state required for the infraction.
(b) 
The issuing officer shall not be required to attend the hearing.
(c) 
It is not required that the city's attorney attend the hearing. Provided, however, that if the defendant is represented by legal counsel at the hearing, the hearing officer shall notify the city attorney who shall have a right to appear on behalf of the city at said hearing.
(d) 
No formal or sworn complaint shall be necessary. The hearing officer shall examine the contents of the notice and the evidence related to ownership of the property in question and shall hear and review the testimony and evidence presented by the violator. If the hearing officer determines by the preponderance of the evidence that the infraction was committed by the violator, he shall find the violator responsible and assess a fine.
(e) 
At the conclusion of the hearing, the hearing officer shall issue an order stating whether or not the person charged is responsible for the violation of the plan and the amount of the fine assessed against him. The order shall be filed with the clerk of the municipal court. All such orders shall be kept in a separate index or file by the municipal court clerk using appropriate data processing techniques.
(f) 
Failure of a person charged with the offense to appear at a hearing within the aforesaid ten-day period shall be considered an admission of liability for the charged offense.
(Ordinance 2019-11 adopted 6/13/19)
(a) 
A person determined by the hearing officer to be in violation of any provision of the plan may appeal this determination to the city secretary or designee.
(b) 
The appeal must be instituted by filing a written petition, not later than the tenth day after the filing of the hearing officer's order, with the city secretary along with payment of a nonrefundable administrative appeal filing fee in the amount of ten dollars ($10.00).
(c) 
After filing a petition for appeal, the city secretary shall schedule a hearing and notify all parties of the date, time, and place of the hearing.
(d) 
The appeal hearing shall be a de novo review. The city secretary shall examine the evidence presented at the appellate hearing and if the city secretary determines by the preponderance of the evidence that the infraction was committed by the violator, the city secretary shall find the violator responsible therefor.
(Ordinance 2019-11 adopted 6/13/19)
(a) 
Any person alleged to have violated the plan who merely desires to make payment shall provide same to the municipal court clerk in charge of water violations within ten (10) days after receiving notice of said violation.
(b) 
Any person alleged to have violated the plan and who fails to appear within the ten (10) days as reflected in section 13.611 above shall be assessed a surcharge on their next water bill in the amount of the minimum fine.
(c) 
Any person found to have violated the plan by the hearing officer shall pay the fine within ten (10) days of said hearing or the fee shall be assessed in a surcharge on the violator's next water bill.
(Ordinance 2019-11 adopted 6/13/19)
(a) 
Subsequent violations of the plan shall result in increased fine or upon the occurrence of three (3) violations, after notice, the discontinuation of services.
(b) 
Services discontinued under this provision shall be restored only upon payment of a reconnection fee and any other costs incurred by the city in discontinuing service.
(c) 
Compliance with the plan may also be sought through injunctive relief in district court.
(Ordinance 2019-11 adopted 6/13/19)
(a) 
Any person, firm, or corporation found to have violated any provision of the plan, shall be assessed a fine in an amount not to exceed one thousand dollars ($1,000.00) for each offense, the amount to be determined by the hearing officer in his reasonable discretion, subject to review on appeal to the city secretary.
(b) 
Unless higher amounts are required by state law or a lesser amount is determined by the hearing officer or city secretary or designee, the minimum fines for violating the plan shall be as follows:
(1) 
Violation of stage 1, first offense: $50.00.
(2) 
Violation of stage 1, second offense: $75.00.
(3) 
Violation stage 1, subsequent offenses: $250.00.
(4) 
Violation of stage 2, first offense: $100.00.
(5) 
Violation of stage 2, second offense: $150.00.
(6) 
Violation of stage 2, subsequent offenses: $500.00.
(7) 
Violation of stage 3, 4, or 5 first offense: $250.00.
(8) 
Violation of stage 3, 4, or 5 second offense: $500.00.
(9) 
Violation of stage 3, 4, or 5 subsequent offenses: $1,000.00.
(10) 
Reconnect fees for failure to pay the surcharge: $250.00.
(11) 
Reconnect fees for repeated violations of the plan: $500.00.
(12) 
It is an affirmative defense to any violation of this article if the customer proves that the misused wasted water is from an operable water well serving said property.
(13) 
Fraudulent misrepresentation of well water use will result in a five hundred dollar ($500.00) fine.
(Ordinance 2019-11 adopted 6/13/19)
(a) 
In the event the city enters into a contract with a wholesale customer it shall be a requirement that the wholesale customer develop and implement a water conservation plan. The requirement shall be made a part of the contract. Further, if the wholesale customer intends to resell the water, the contract between the initial supplier and wholesale customer must provide that the contract for resale of the water has a water conservation requirement, so that each successive customer in the resale of the water will be required to implement conservation measures accordance with TAC chapter 288.
(b) 
It shall also be a contract provision in every water wholesale contract entered into or renewed after adoption of the plan, that in case of water shortage resulting from drought, potable water must be distributed in accordance with Texas Water Code 1 l.039.
(Ordinance 2019-11 adopted 6/13/19)
In the event that the triggering criteria specified for stage 3 - severe water shortage conditions have been met, the city manager is hereby authorized to initiate allocation of water supplies on a pro rata basis in accordance with Texas Water Code section 11.39 and according to the following water allocation policies and procedures:
(1) 
A wholesale customer's monthly allocation shall be a percentage of the customer's water usage baseline. The percentage will be set by resolution of the city council based on the city manager's assessment of the severity of the water shortage condition and the need to curtail water diversions and/or deliveries and may be adjusted periodically by resolution of the city council as conditions warrant. Once pro rata allocation is in effect, water diversion by or deliveries to each wholesale customers shall be limited to the allocation established for each month.
(2) 
A monthly water usage allocation shall be established by the city manager or designee for each wholesale customer. The wholesale customer's water usage baseline will be computed on the average water usage by month for the previous four-year period. If the wholesale water customer's billing history is less than four years, the monthly average for the period for which there is a record shall be used for any monthly period for which no billing history exists.
(3) 
The city manager shall provide notice by certified mail to each wholesale customer informing them of their monthly water usage allocations and shall notify the new media and the executive director of the Texas Commission on Environmental Quality upon initiation of pro rata water allocation.
(4) 
Upon the request of the customer or at the initiative of the city manager, the allocation may be reduced or increased if:
(A) 
The designated period does not accurately reflect the wholesale customer's normal water usage;
(B) 
The customer agrees to transfer part of its allocation to another wholesale customer;
(C) 
Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions; or
(D) 
A customer may appeal an allocation established hereunder to the city council.
(Ordinance 2019-11 adopted 6/13/19)
During any period when pro rata allocation of available water supplies is in effect, wholesale customers shall pay the following surcharges on excess water diversions and/or deliveries:
(1) 
1.5 times the normal water charge per 1,000 gallons for deliveries excess of the monthly allocation up through five percent (5%) above the monthly allocation.
(2) 
2.0 times the normal water charge per 1,000 gallons for deliveries in excess of the monthly allocation from five percent (5%) through ten percent (10%) above the monthly allocation.
(3) 
2.5 times the normal water charge per 1,000 gallons for deliveries in excess of the monthly allocation from ten percent (10%) through fifteen percent (15%) above the monthly allocation.
(4) 
3.0 times the normal water charge per 1,000 gallons for deliveries more than fifteen percent (15%) above the monthly allocation.
(5) 
The above surcharges shall be cumulative.
(Ordinance 2019-11 adopted 6/13/19)
(a) 
The city manager, or his/her designee, may in writing, grant temporary variance for existing water uses otherwise prohibited under this plan if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the health, sanitation, or fire protection for the public or the person requesting such variance 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 article shall file a petition for variance with the Gonzales Water Works within 5 days after the plan or particular drought response stage has been invoked. All petitions for variances shall be reviewed by the city manager, or his/her designee, and shall include the fo1lowing:
(1) 
Name and address of the petitioner(s).
(2) 
Purpose of water use.
(3) 
Specific provision(s) of the plan from which the petitioner is requesting relief.
(4) 
Detailed statement as to how the specific provision of the Plan adversely affects the petitioner or what damage or harm will occur to the petitioner or other if petitioner complies with this article.
(5) 
Description of the relief requested.
(6) 
Period of time for which variance is sought.
(7) 
Alternative water use restriction or other measures the petitioner is taking or proposes to take to meet the intent of this plan and the compliance date.
(8) 
Other pertinent information.
(c) 
Variances granted by Gonzales Water Works shall be subject to the following conditions, unless waived or modified by the city manager or his/her 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.
(3) 
No variance shall be retroactive or otherwise justify any violation of this plan occurring prior to the issuance of the variance.
(Ordinance 2019-11 adopted 6/13/19)