The city council hereby approves and adopts as the city water use management plan, the following water conservation and drought contingency plans as set forth below. The city commits to implementing this program according to the procedures set forth in the adopted plans.
(Ordinance 19-3691 adopted 4/23/19)
(a) 
The purpose of the water use management plan is to promote the wise and responsible use of water, to enhance the sustainability of long-term water supplies, and to minimize the adverse impacts of water supply emergencies by providing and supporting public information and education programs that encourage customers to voluntarily pursue water conservation and protection measures in both residential and business activities; by developing, maintaining and enforcing water management policies and ordinances; by implementing structural programs that result in quantifiable water conservation results; and by implementing a drought/emergency, contingency plan when necessary to ensure adequate water supplies for public health and safety.
(b) 
The city’s service area is located within the Llano Estacado Regional Water Planning Area (Region 0) of the Texas Water Development Board, and the city shall report to the Llano Estacado Regional Water Planning Group to assure consistency with the regional water plan.
(c) 
The city will implement a detailed plan for each of the four steps in the drought contingency measures, including water use strategies. The target of these strategies will be to maintain daily water demand at or below 50 percent of the available water production capability. In the event of severe drought or major infrastructure failures, certain water uses may be restricted by the city manager or his/her designee as outlined in this plan.
(Ordinance 19-3691 adopted 4/23/19; Ordinance 22-3726 adopted 3/22/22)
The following words and phrases as used in this article shall have the meanings respectively ascribed to them in this section unless the context clearly indicates otherwise:
Aesthetic water use.
Water use for ornamental or decorative purposes such as fountains, reflecting pools, and water gardens.
Conservation.
Those practices, techniques, and technologies that reduce the consumption of water, reduce the loss or 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, except as provided under the definition of nonessential water use.
Drought.
An extended period of time of below normal precipitation (rainfall, snow, etc.)
Landscape irrigation use.
Water use 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.
Nonessential water use consists of washing house windows, sidings, eaves, and roof with hose, and without the use of a bucket; washing driveways, streets, curbs and gutters; washing vehicles without a cutoff valve and a bucket; unattended sprinkling of landscape shrubs and grass; draining and filling swimming pools; and flushing water system.
(Ordinance 19-3691 adopted 4/23/19)
(a) 
Water conservation plan objectives.
(1) 
The objective of the water conservation plan is to reduce the quantity required for each water using activity, insofar as is practical, through the implementation of efficient water use practices.
(2) 
Having a dependable water supply has always been a key issue in the development of the state. With the growth in population and economic expansion, increased demands are placed on the city’s water supply. In order to meet the challenge of providing for our current and future needs, we must learn to use the water we already have more efficiently. By stretching the existing supplies, the city can delay the need for new supplies, minimize the environmental impacts associated with developing new water resources, and postpone the high cost of building the infrastructure necessary to capture, treat, and transport the additional water to homes and businesses.
(3) 
The objectives of this water conservation plan are as follows:
(A) 
To reduce water consumption from the levels that would prevail without conservation efforts.
(B) 
To reduce the loss and waste of water.
(C) 
To improve efficiency in the use of water.
(D) 
Encourage efficient outdoor water use.
(E) 
To extend the life of current water supplies by reducing the rate of growth of demand.
(F) 
To educate the citizens of the city about the need for water conservation and the benefits of conserving this natural resource.
(b) 
Description of service area and utility profile.
The city is located in Hale County and covers about 13.8 square miles. The city water utility serves a population of over 20,000. Historically, the city has used about 1.1 billion gallons of water a year to meet the needs of its customers, with about half of that being used by single-family residential homes. The highest months of use are normally, May through August. The city updates the latest utility profile as required by Texas Water Development Board rules and is publicly available through the Texas Water Development Board.
(c) 
Specific quantified 5- and 10-year targets.
(1) 
Current TWDB regulations require the adoption of specific water conservation goals for a water conservation plan. As part of the plan adoption, the city will develop 5-year and 10-year goals for per capital municipal use and for residential use. The city's average daily water usage is approximately 136 gallons per person per day (gpcd) with a residential 91 gpcd for the previous five years and the city's average daily water usage is approximately 136.5 gpcd with a residential average of 83.1 gpcd for the previous ten years. The city's water conservation goals are to:
(A) 
Reduce annual per capita water usage to 130 gpcd by the year 2029 with a secondary residential per capita usage to 59 gpcd.
(B) 
Reduce annual per capita water use to 127 gpcd by the year 2034 with a secondary residential per capita usage to 57 gpcd.
(C) 
Reduce annual per capita water loss from 13 gpcd to 12 gpcd by 2029 and 11 gpcd by 2034.
(2) 
The city's goals are reported on the required TWDB form in appendix B to Ordinance 24-3761 adopted 4/23/2024.
(d) 
The water conservation plan, as adopted by the city, consists of the following:
(1) 
Continuing public education and information programs.
The city will inform the city users of various recommended methods for implementing a reduction in water consumption. The city will provide talks and programs to schools and civic organizations along with distributing materials that are available from the state water development board and other agencies in accordance with the city's administrative policy on water conservation plan continuing education and information programs. The city will also include educational information utilizing social media to reach a larger audience.
(2) 
Plumbing codes.
The state law requires that cities and utilities with a population of 5,000 or more adopt a standard plumbing code or a water saving plumbing code for new construction and for replacement of plumbing fixtures in existing structures. The city has adopted the 2015 edition of the International Plumbing Code as adopted by the International Code Council.
(3) 
Water conservation retrofit program.
Title V of the Health and Safety Code, chapter 372 requires that businesses stock and sell only plumbing fixtures which conform to water saving performance standards. This will ensure that plumbing fixtures installed during new construction and remodeling will be of the conservation oriented type. The city will advise customers regarding retrofit devices (such as low-flow shower heads, toilet dams, faucet aerators, etc.) that reduce water use by replacing or modifying existing fixtures.
(4) 
Conservation oriented water rate structure.
The city has adopted an ascending block rate structure, which will further discourage the wasteful use of large quantities of water.
(5) 
Production meters.
The city’s production meters are located at the water treatment plant and on all groundwater wells. The city uses these meters to report its treated water production and groundwater production and to determine the total water volume delivered to the system. The meters are check[ed] for accuracy annually and are maintained to have an accuracy of plus or minus 5.0%.
(6) 
Universal metering and meter repair and replacement.
(A) 
All connections to the water supply system in the city are metered. The city is testing and replacing meters on an ongoing basis, concentrating on the largest meters first. The city has implemented an Advance Meter Infrastructure (AMI) system in 2024, to improve customer information on water usage, and to reduce system handling water loss. Meter technician(s) classify the apparent conditions of all city meters, and repairs are initiated in areas with poor classification. The AMI system will be monitored to more quickly address meter reading issues, along with notifying customers of the continuous use of water. Universal metering will continue after adoption of this plan.
(B) 
Testing of customer meters will be completed based on manufacturer suggestions.
(7) 
Water conserving landscaping.
Educational material will include information relating to low water use landscaping. The city reviews and approves subdivision plans. At the time building permits are acquired, developers will be provided with literature pertaining to low water demand landscaping items. Nurseries and local businesses will also be provided with this literature.
(8) 
Lawn and landscape irrigation restrictions.
Lawns and landscaping may be watered on any day, at any time, by handheld hose, drip irrigation, a soaker hose or tree bubbler.
(A) 
Outdoor watering days.
Except for hand watering, drip irrigation and the use of soaker hoses and tree bubblers, a person may only irrigate, water, or cause or permit the irrigation or watering of any lawn or landscape, inclusive of structural foundations, trees, and other high value landscape materials, located on premises owned, leased, or managed by that person on a day designated as an outdoor watering day for the property’s address as shown below:
(i) 
Single-family residential addresses ending in an even number (0, 2, 4, 6 or 8) may water on Tuesdays and Saturdays.
(ii) 
Single-family residential addresses ending in an odd number (1, 3, 5, 7 or 9) may water on Wednesdays and Sundays.
(iii) 
All nonsingle-family residential locations (apartment complexes, businesses, industries, parks, street and/or roadway medians, etc.) may water on Mondays and Thursdays.
(B) 
Prohibited watering times.
Except for hand watering, drip irrigation and the of soaker hoses and tree bubblers, all outdoor irrigation and watering is prohibited between the hours of 10:00 a.m. and 6:00 p.m. from April 1st through September 30th. For October 1st through March 31st the time of day restrictions are removed and watering is only allowed when the ambient air temperature is thirty-five (35) degrees Fahrenheit or warmer.
(C) 
Watering variances and allowances.
The following variance and allowances may be granted by the city manager or his/her designee.
(i) 
For new lawn grass seeding, grass over seeding of lawns, and newly installed grass sod, the owner or landscaper (petitioner) can apply to the city for a water variance for up to 3 weeks that will allow for daily watering with no time of day restrictions.
(ii) 
For large properties, that would otherwise be impossible to water during a single day, (i.e. college campuses, schools, cemeteries, parks) may request alternate and additional days to water the property. The request must be in writing detailing the watering areas along with details of alternate days, and cannot exceed twice per week watering for each watering area, and once established will be the official water days for each area on the property.
(iii) 
For athletic fields used for organized youth and adult sports such as football, baseball, softball, soccer, and alike, can water alternate days to optimize playing surfaces and to not interfere with scheduled competition days. The field(s) must be identified in writing with the city to have an official designation of an athletic field.
(D) 
Other watering restrictions.
All lawns and landscapes regardless of the source of water shall operate in a manner that will not cause significant runoff or pooling of water off of the premises. Irrigation can only occur in temperatures above thirty-five (35) degrees Fahrenheit.
(9) 
Water loss control measures.
The city's system uses a 12-month moving total of water treated and pumped versus water sold in order to assess more accurately the amount of unaccounted water losses in the system. The average water loss has ranged from 11% to 15% in previous years. Leaks that go unreported for extended periods of time or large pipe failures that make for difficult estimates of total water loss can skew these numbers from year to year. The city will continue to refine methods of calculating water loss due to these issues to better understand our actual water loss. The city will annually complete a detailed water system audit following Texas Water Development Board (TWDB) guidelines. In addition to these measures, the city maintains an active leak detection program described in subsection (10) below.
(10) 
Leak detection and repair.
The city has almost immediate response to reports of water leaks, which minimizes water waste. The city is conducting audits to identify connections which bypass city meters and correct those which are found. The city will continue to monitor monthly consumption. Classification of meter condition provides a reliable and effective leak detection program. The city is also aware that assistance in leak detecting surveys can be obtained from the state water development board staff.
(11) 
Recycling and reuse.
The city will investigate reuse and recycling programs where legally possible and economically feasible. Water reclamation at the wastewater treatment plant is being done by the city. Current uses for are plant wash-down water and on-site irrigation. Proposed use of off-site irrigation is being considered.
(12) 
Implementation and enforcement.
The city, through its staff, will implement the water conservation plan in accordance with the city council’s adoption of the plan, plumbing codes, and revisions thereof as set out in this plan. The city also maintains the authority to inspect any and all connections by Seth Ward Water Supply Corporation customers to the water distribution system located past the delivery point of the corporation’s water system.
(13) 
Water conservation coordinator.
The city has designated a water conservation coordinator. The conservation coordinator is responsible for the preparation, implementation and enforcement of the water conservation and drought contingency plans, as well as the preparation and submittal of annual conservation status.
(14) 
Rebate programs.
The city will develop and implement rebate programs to encourage the installation of water efficient plumbing fixtures and clothes washing machines, rain barrels, WaterWise landscaping, and rainwater harvesting equipment.
(15) 
Method for tracking the implementation and effectiveness of the plan.
(A) 
The city calculates water consumption annually and tracks changes in customer use in terms of gpcd. These values will be compared to the goals set forth in this plan to determine if the BMPs contained in the plan are helping to achieve the desired water conservation goals. The water conservation plan will be adjusted as needed to account for new conservation opportunities and customer response patterns. A program may be expanded if doing well or discontinued or changed to make it more attractive to customers while achieving conservation results.
(B) 
The city will compile a summary report each year that shows how many customers participated in city water conservation programs and how much water savings was achieved as a result.
(16) 
Contract with other political subdivisions.
The city will, as part of contracts for sale of water to any other entity reselling water, require that entity to adopt applicable provisions of the city’s water conservation and drought contingency plan or have a plan in effect previously adopted and meeting the basic requirements of 30 TAC sec. 288. These provisions will be through a contractual agreement prior to the sale of any water to the reseller. In addition, every wholesale water contract entered into or renewed after adoption of the plan, including contract extensions, must agree that in case of a water shortage resulting from drought, the water to be distributed shall be divided in accordance with Texas Water Code, section 11.039.
(17) 
Schedule for best management practice implementation.
Many of the conservation practices outlined in the plan have already been implemented or are ongoing as shown in the table below. New water conservation practices will be implemented as appropriate.
MP Description
Already Implemented
Expected Implementation Date
Notes:
Continuing public education and information
Y
 
Already in place, however, the city will expand public information campaign in 2024. The city is currently implementing a water customer portal to aid in transparency and education on water usage and how to reduce water usage.
Plumbing codes
Y
 
 
Water conservation retrofit program
Y
 
 
Conservation-oriented water rate structure
Y
 
Water rates will be monitored on an annual basis and may be adjusted depending on city goals.
Production meters
Y
 
 
Universal metering and meter repair and replacement
Y
 
 
Water conserving landscaping
Y
 
 
Water loss control measures
Y
 
 
Leak detection and repair
Y
 
 
Recycling and reuse
Y
 
The city is completing a water supply master plan to explore opportunities and will initiate a feasibility study for water storage and direct potable reuse.
Water conservation coordinator
N
 
Outdoor water use restrictions
N
 
Rain barrel rebates
N
2024-2025
The city will develop a program of rebates for rain barrel purchases.
Plumbing Fixture and Washer Rebate Program:
Toilet rebates
N
2024-2025
The city will develop a system of rebates for high efficiency toilets, showerhead and aerator kits, and clothes washers for residences and commercial establishments, and urinals for commercial establishments.
Showerhead and aerator kit rebates
N
2024-2025
Clothes washer rebates
N
2024-2025
Urinal rebates
N
2024-2025
Water Wise landscaping rebates
N
2024-2025
The city will explore options and develop a program of rebates for retrofit of existing landscaping.
Rainwater harvesting rebates
N
2024-2025
The city will develop a program of rebates for the purchase and installation of rainwater harvesting equipment.
(Ordinance 19-3691 adopted 4/23/19; Ordinance 22-3726 adopted 3/22/22; Ordinance 24-3761 adopted 4/23/2024)
The drought contingency plan, as adopted by the city, is as follows:
(1) 
Threshold conditions.
The state water development board suggests four levels or “trigger conditions” for determining the degree of urgency for the initiation of a drought contingency plan. The “triggering criteria” below are based on an evaluation of the historical water system capacities and customer use patterns as well as a consideration of the impact of drought, emergencies, and high use upon capacities and patterns. These four levels as they relate to the city, and are as follows:
(A) 
Mild water shortage.
(i) 
The average daily water consumption reaches approximately 50% of the available water production capacity, and has been that high for a period of three days; and
(ii) 
Weather conditions indicate that high use is likely to continue.
(B) 
Moderate water shortage.
(i) 
The average daily water consumption reaches approximately 70% of the rated available water production capacity for a three-day period;
(ii) 
Weather conditions indicate mild water shortage will exist for five days or more; or
(iii) 
A mechanical failure of pumping equipment which will require more than 24 hours to repair occurs when a mild water shortage is in progress.
(C) 
Severe water shortage.
(i) 
Average daily water consumption reaches approximately 90% of available water production capacity for a period of three days;
(ii) 
Average daily water consumption will not enable storage levels to be maintained;
(iii) 
System demand exceeds available high service pump capacity; or
(iv) 
A mechanical failure of pumping equipment which will require more than 12 hours to repair occurs when a moderate drought is in progress.
(D) 
Emergency condition.
(i) 
The Canadian River Municipal Water Authority (CRMWA) system fails, and the water cannot be delivered to the city;
(ii) 
The water system is contaminated either accidentally or intentionally; or
(iii) 
The water system fails from acts of God (tornadoes, hurricanes, etc.) or man.
(iv) 
System wide power failure lasting beyond 24 hours.
An emergency condition is treated like a severe water shortage drought.
(2) 
Water shortage contingency measures.
The city manager, or his/her designee, shall monitor water supply and, in accordance with the triggering criteria set forth in subsection (1) above, shall determine that mild, moderate, or severe water shortage conditions exist or that an emergency condition exists and shall implement the following plan. The city shall notify the executive director of the Texas Commission on Environmental Quality (TCEQ) as soon as possible to notify the director that mandatory provisions of this plan have been implemented.
(A) 
Step I.
Curtailment shall be initiated upon existence of mild water shortage conditions and will include the following actions:
(i) 
Develop an information center and designate an information person.
(ii) 
Advise the public of the condition and publicize the availability of information from the information center.
(iii) 
Encourage voluntary reduction of water use.
(iv) 
Contact commercial and industrial users and explain the necessity for the initiation of strict conservation methods.
(v) 
Implement system oversight and make adjustments as required to meet changing conditions.
(vi) 
Target: Raise public awareness of the situation and maintain daily water demand at or below 50 percent of available water production capacity.
(B) 
Step II.
Curtailment shall be initiated by the city manager on identifying moderate water shortage conditions. The listed actions are compulsory on users and are intended to prohibit nonessential water use.
(i) 
Outdoor single-family residential use of water for nonirrigation use will be permitted to once per week. Even-numbered houses will use water for outdoor residential uses on Saturdays and odd-numbered houses on Sundays. Outdoor uses consist of washing vehicles, boats, trailers, walkways, windows, and houses, recreational use of sprinklers, outside showers (in parks) and water slides.
(ii) 
The city manager, or his/her designee, will monitor system function and establish hours for outside water use, depending upon system performance.
(iii) 
The information center and publicity elements shall keep the public advised of curtailment status.
(iv) 
Commercial and industrial non-single-family residential locations (apartment complexes, businesses, industries, parks, street and/or roadway medians, etc.) users will be visited to ensure that conservation measures have been initiated. Landscape watering will be restricted to Thursdays.
(v) 
Target: Reduce and maintain daily water demand at or below 70 percent of available water production capacity.
(C) 
Step III.
Curtailment shall be initiated upon existence of a severe water shortage as determined by the city manager. The city manager will prohibit the use of water for:
(i) 
Vehicle washing, window washing, outside watering (lawn, shrubs, faucet dripping, garden, etc.).
(ii) 
Public water uses which are not essential for health, safety and sanitary purposes. These nonessential uses include: street washing, watering of parks, fire hydrant flow testing, filling swimming pools, watering athletic fields and courses, and dust control sprinkling.
(iii) 
Commercial uses not listed will be controlled to the extent dictated by the city manager.
(iv) 
Pro-rata water allocation: In the event that the triggering criteria in severe water shortage (severe drought conditions), as specified in threshold conditions of the drought contingency plan 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 11.039.
(v) 
Target: Reduce and maintain daily water demand at or below 90 percent of available water production capacity, or in any emergency condition of system outages due to equipment failure, temporarily discontinue water system operating.
(D) 
Step IV.
Curtailment shall be initiated upon the existence of an emergency condition as determined by the city manager. The listed actions are compulsory on users:
(i) 
All aesthetic and nonessential water use, including landscape irrigation use, is prohibited, except where necessary to protect the health, safety, and welfare of the public. No new landscape material may be installed.
(ii) 
All city operations will adhere to the water use restrictions.
(iii) 
The city may reduce water system pressure to conserve water.
(3) 
Businesses requiring water as a basic function of their operation, such as nurseries, commercial carwash, laundromats, high pressure water cleaning, etc., will obtain written permission from the city manager for intended water use.
(4) 
The system priority for water service shall be made based on the following priority list.
(A) 
Hospitals.
(B) 
Residential.
(C) 
Schools.
(D) 
Industrial.
(E) 
Commercial.
(F) 
Recreational.
(5) 
Alternative water sources.
(A) 
The city has two water sources: (i) water pumped by wells from the Ogallala Aquifer; and (ii) water delivered to the city’s water treatment plant by Canadian River Municipal Water Authority (CRMWA). The wells are located in different areas of the city and are powered by different electrical sources. A portion of the wells should be operational at any given time. The treatment plant can be completely operational without power provided by the electric company as long as water is supplied by CRMWA.
(B) 
With these two water sources, it is highly unlikely that both sources would be out at the same time. If that should happen, water would be trucked into the city from other sources and in accordance with state guidelines.
(6) 
Information and education.
(A) 
The public will be made aware of water conservation and drought conditions by information and data transferred through the city's program. During periods of water shortage curtailment, step I conditions will establish an information center, an information person, and utilize the most effective methods developed for information dissemination on a daily basis.
(B) 
The city understands communication with the public must be dynamic in order to reach the citizens. The city will use any combination of, but not limited to, posting notices, newspaper articles, radio coverage, social media and direct mail to customers, electronic communication using (Everbridge), customer portals and digital message boards at city hall.
(7) 
Initiation procedures.
Initiation procedures for water shortage response are described in this plan. Each condition will be met with corresponding action by the city manager or his/her designee. The city will affect curtailment, give notice, publicize and follow-up with implementation of curtailment.
(8) 
Termination notification.
Termination of each water shortage condition will begin when conditions have improved to the extent that an upgraded condition can be declared by the city manager. This process will be employed until full service can be provided. System priority will be considered in returning to upgraded condition. Termination will be initiated by the city manager by giving notice, etc., as was given to enact water shortage curtailment.
(9) 
Variances.
The city manager, may, in writing, grant a 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:
(A) 
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.
(B) 
Alternative methods can be implemented which will achieve the same level of reduction in water use.
(10) 
Exemptions.
Persons requesting an exemption from the provisions of this article shall file a petition for variance with the city within 5 days after the plan or a particular water shortage response stage has been invoked. All petitions for variances shall be reviewed by the city manager, and shall include the following:
(A) 
Name and address of the petitioner(s).
(B) 
Purpose of water use.
(C) 
Specific provision(s) of the plan from which the petitioner is requesting relief.
(D) 
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 others if petitioner complies with this article.
(E) 
Description of the relief requested.
(F) 
Period of time for which the variance is sought.
(G) 
Alternative water use restrictions or other measures the petitioner is taking or proposes to take to meet the intent of this plan and the compliance date.
(H) 
Other pertinent information.
(11) 
Variances granted by the city shall be subject to the following conditions, unless waived or modified by the city manager:
(A) 
Variances granted shall include a timetable for compliance.
(B) 
Variances granted shall expire when the plan is no longer in effect, unless the petitioner has failed to meet specified requirements. No variance shall be retroactive or otherwise justify any violation of this plan occurring prior to the issuance of the variance.
(12) 
Modification, deletion and amendment.
The city manager can add, delete, and amend rules, regulations and implementation as needed/desired, and shall advise the city council of such amendments at its regular or called meeting.
(13) 
Means of implementation.
The city manager is hereby authorized and directed to implement the applicable provisions of this plan. The city manager will oversee the execution and implementation of all elements of the plan to ensure that adequate records are kept for program verification.
(Ordinance 19-3691 adopted 4/23/19; Ordinance 22-3726 adopted 3/22/22; Ordinance 24-3761 adopted 4/23/2024)
Any violation of this article by any person shall constitute a misdemeanor and shall be punishable by a fine in accordance with the general penalty provision found in section 1.01.009 of this code for each day of noncompliance. In addition to the penalty described above, the city may:
(1) 
Disconnect or discontinue water services to individuals or businesses found in violation of this article; and
(2) 
Pursue any other equitable remedies available to the city including injunctive relief.
(Ordinance 19-3691 adopted 4/23/19)