The water conservation and drought contingency plan (plan) for
the city is established in accordance with the requirements of title
30, Texas Administration Code, chapter 288, and submitted to the Texas
Commission on Environmental Quality. This document will be used by
the city in its water conservation efforts and to address various
levels of water shortages.
(Ordinance 2020-34 adopted 9/22/20; Ordinance
2024-22 adopted 5/14/2024)
The director of utilities is designated as the administrator
for the implementation and enforcement of the plan and is authorized
to adopt any necessary administrative regulations and interpret and
enforce the requirements of the plan.
(Ordinance 2020-34 adopted 9/22/20; Ordinance
2024-22 adopted 5/14/2024)
The service area for the city is within the Region F Water Planning
Area. A copy of this plan has been provided to the Region F Planning
Group.
(Ordinance 2020-34 adopted 9/22/20; Ordinance
2024-22 adopted 5/14/2024)
The provisions of this plan shall apply to all persons, customers,
and property utilizing water provided by the city as treated by the
water treatment plant or provided as untreated raw water delivered
through the Colorado River Municipal Water District (CRMWD) transmission
system. Other water sources, such as private wells or reclaimed water,
as provided by the city's Bob Derrington Water Reclamation Plant
(Derrington Plant) are outside of the scope of this plan. The terms
"person" and "customer" as used in the plan include individuals, corporations,
partnerships, associations, and all other legal entities.
(Ordinance 2020-34 adopted 9/22/20; Ordinance
2024-22 adopted 5/14/2024)
(a)
Wholesale water contracts. All contracts for
the sale of wholesale water, which are entered into, extended, or
renewed after the adoption of this plan, will require the wholesale
customer to develop, adopt and implement a water conservation plan
which satisfies the requirements set by the state and this plan. Wholesale
water contracts shall prohibit the resale of water by the wholesale
customer to other public water utilities.
(b)
Other water contracts. Contracts with other
public utilities, industrial districts, or customers outside the city
limits will include provisions requiring the customers served by these
contracts to meet the requirements of this plan.
(Ordinance 2020-34 adopted 9/22/20; Ordinance
2024-22 adopted 5/14/2024)
For the purposes of this plan, the following definitions shall
apply:
Director of utilities or his/her designee.
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.
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
or alternative uses.
Any person, company, entity, or organization purchasing potable
or reclaimed water supplied by the city.
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.
Water use in processes designed to convert materials of lower
value into forms having greater usability and value.
Water use for the irrigation and maintenance of landscaped
areas, whether publicly or privately owned, including residential
and commercial lawns, gardens, golf courses, parks, rights-of-way
and medians.
Water uses that are neither essential nor required for the
protection of public, health, safety, and welfare, include:
Irrigation of landscape areas, including parks, athletic fields
and golf courses, except as otherwise provided under this plan;
Use of water to wash any motor vehicle, motorbike, boat, trailer,
airplane or other vehicle;
Use of water to wash down any sidewalks, walkways, driveways,
parking lots, tennis courts, or other hard-surfaced areas;
Use of water to wash down buildings or structures for purposes
other than immediate fire protection;
Use of water to flush gutters or permit water to run or accumulate
in any gutter or street;
Use of water to fill, refill, or add to any indoor or outdoor
swimming pools or jacuzzi- type pools;
Use of water in a fountain or pond for aesthetic or scenic purposes
except where necessary to support aquatic life;
Failure to repair a controllable leak(s) within a reasonable
period after having been given notice directing the repair of such
leak(s); and
Use of water from hydrants for construction purposes or any
other purposes other than firefighting.
Wastewater effluent treated and discharged from the Derrington
Plant intended for effluent reuse as defined by the TCEQ.
(Ordinance 2020-34 adopted 9/22/20; Ordinance
2024-22 adopted 5/14/2024)
(a)
Introduction. This 2024 revision of the water
conservation plan (plan) establishes water conservation measures,
encourages water customers to conserve available water supplies, and
monitors the effectiveness of the plan. The plan is submitted to the
Texas Water Development Board as required by section 13.146 of the
Texas Water Code.
(b)
System profile.
(1)
Source water.
(A)
The city receives all of its water, untreated, from the CRMWD.
The majority of the water is surface water from Lake Ivie. Other surface
water sources include Lake Thomas and Lake Spence when available.
When needed, well water can be delivered to supplement surface water
supplies. Well water is received from Ward County wells.
(B)
The city does not operate any reservoirs or develop any of its
source water. Pursuant to the provisions of the contract for raw water
between city and CRMWD, CRMWD is responsible for providing the needed
raw water resources to the city.
(2)
Water treatment.
(A)
The city operates a conventional water treatment plant (WTP)
using coagulation, flocculation, sedimentation, filtration, disinfection
and pH adjustment for treatment of the surface water. The WTP's
rated capacity is 55 MGD.
(B)
The maximum daily volume of water treated since 2000 has not
exceeded 40 MGD. The plant capacity is sufficient under current projections
to exceed 20 years.
(3)
Water service population characteristics.
(A)
The city provides potable water to customers inside the city
limits as well as to the Ector County Utility District (ECUD), several
industrial districts, and by contract to individual customers outside
the city limits. In 2023, the estimated population served by the city's
public water system was 159,868.
(B)
The following is a summary of the accounts served according
to customer classification:
|
Single-family
|
35,632
|
|
Multifamily
|
13,558
|
|
Commercial
|
4234
|
|
Industrial
|
10
|
|
Wholesale customer
|
1
|
(4)
Wastewater treatment.
(A)
The city provides wastewater treatment to its citizens, several
industrial district customers, and by individual contracts to customers
outside the city limits. Approximately 2.5 MGD of untreated wastewater
is provided to the Gulf Coast Authority industrial wastewater treatment
plant to assist in the treatment of their wastewater. This wastewater
is diverted directly from the wastewater collection system. All other
wastewater flow is treated at the Derrington Plant through extended
aeration and single-stage nitrification treatment processes. This
treatment is followed by clarification, disinfection and filtration.
Treated water is either discharged to the Monahans Draw under the
conditions of TCEQ Wastewater Discharge Permit No. WQ10238-002 or
distributed to reuse customers. Sludge produced by the wastewater
treatment process is dewatered and taken to the landfill for final
disposal.
(B)
The Derrington Plant is rated at 12.7 MGD. The Derrington Plant
currently receives between 5.5 to 7.0 MGD dry weather flow rates;
therefore, treatment capacity is not an issue.
(5)
Ector county utility district (ECUD). The city has provided water to ECUD since approximately 1976. A
master meter has been installed and meters flow to ECUD as a wholesale
customer. The tracking of water is based on an automated meter infrastructure.
(c)
Water reduction goals.
(1)
Gallons per capita per day (gpcd) reduction. The currently required method for computing and tracking usage is
gallons-per-capita-per-day (gpcd). The city will strive to reduce
the gpcd usage by 0.5 gpcd each year for the next 10 years. The beginning
gpcd baseline, established in 2019 (116 gpcd), is based on the average
gpcd for the last five years. This projection may have to be adjusted
based on new or changing industrial users or population, trends in
weather, or available water resources.
(2)
Water loss reduction. Over the next 10
years, the city will strive to maintain its calculated water loss
at less than 12%.
(d)
Best management implementation schedule.
(1)
Schedule.
|
Description
|
Currently Implemented
|
Improve Existing Program
|
Implement by-2025
|
Implement by-2030
|
Implement by-2035
|
|---|---|---|---|---|---|
|
System water audit and water loss
|
 | ||||
|
Water conservation pricing
|
| ||||
|
Addressing nonpayment and theft issues
|
| ||||
|
Prohibition of wasting water
|
| ||||
|
School education
|
| ||||
|
Plumbing code enforcement
|
| ||||
|
Landscape irrigation conservation
|
| ||||
|
Golf course conservation
|
| ||||
|
Park conservation
|
| ||||
|
Athletic field conservation
|
| ||||
|
Metering of all connections
|
| ||||
|
Meter replacement and maintenance
|
|
| |||
|
Wholesale agency assistance program
|
| ||||
|
Effluent reuse
|
| ||||
|
Public information
|
| ||||
|
Leak detection and line rehabilitation
|
|
|
(2)
System water audit. The city will continue
to annually conduct the water loss audit calculations published in
the TWDB publication "Water Loss Audit Manual for Texas Utilities."
The results of this annual audit will be used to determine the effectiveness
of the city's water conservation program and whether adjustments
to the program need to be made.
(3)
Water billing.
(A)
Water conservation pricing. Currently, the city uses an inclining block rate structure to encourage water conservation. During the annual development of the budget, revenues collected from the rates are evaluated to ensure sufficient funds are available to meet financial obligations, capital requirements, and operation and maintenance needs. The current rate structure is per 1,000 gallons and codified and made part of the city's Code of Ordinances in chapter 13, article 13-2, division 2, entitled "rates." There is also a minimum charge for the first 2,000 gallons based on the meter size.
(B)
Cut off for unpaid bills. Customers who
do not pay for water service have their water service terminated approximately
20 days after the original due date. Service is not reactivated until
payment arrangements are made.
(C)
Water theft. When water theft is determined,
service is immediately disconnected and will not be reinstated until
all fines and fees are paid.
(4)
Prohibition of wasting water. The city
has implemented a nuisance water ordinance and enforcement strategy
for the purpose of restricting the improper discharge of water by
its discharge into the streets. Imposing hours of irrigation for automated
irrigation systems will also be considered.
(5)
Plumbing code enforcement. The city enforces
the 2018 International Plumbing Code which requires installation of
the following water conserving fixtures in new construction.
|
Fixture
|
Maximum Flow Rate
|
|---|---|
|
Lavatory, private
|
2.2 gpm at 60 psi
|
|
Lavatory, public, (metering)
|
0.25 gallon per metering cycle
|
|
Lavatory, public (other than metering)
|
0.5 gpm at 60 psi
|
|
Shower head
|
2.5 gpm at 80 psi
|
|
Sink faucet
|
2.2 gpm at 60 psi
|
|
Urinal
|
1.0 gallon per flushing cycle
|
|
Water closet
|
1.6 gallons per flushing cycle
|
(7)
Landscape irrigation conservation.
(A)
The city establishes minimum standards for installation of irrigation
systems within the city and its extraterritorial jurisdiction. This
article requires irrigation system designs which must be submitted
to the city for review prior to the installation of the system. New
irrigation systems must be designed, installed, maintained and repaired
in a manner which will promote water conservation. This article requires
the irrigation system to:
(i)
Operate at pressures provided by the distribution
system.
(ii)
Limit water spray over impervious materials.
(iii)
Have separate zones based on plant material type,
microclimate factors, topographic features, soil conditions and hydrological
requirements.
(iv)
Include rain or moisture shutoff device. Repairs
to existing automatic irrigation systems require replacement with
a controller which has a rain or moisture shutoff device.
(B)
Beginning in 2010, a licensed irrigator or licensed irrigator
technician must be onsite during the installation of the irrigation
system unless the system is being installed by the homeowner. Failure
to comply with the requirements of this article may result in a fine
of up to two thousand dollars ($2,000.00) per day.
(8)
Golf course conservation. The three golf
courses located within the city limits are irrigated with reclaimed
water. Raw or potable water is only available to the golf courses
if reclaimed water is unavailable.
(9)
Parks conservation.
(A)
The parks department has converted all of its parks irrigation
systems, except one, from manual operation to automatic irrigation
systems. The last park is currently under design to convert the irrigation
system to an automated system. In addition, the following conservation
related issues have been or will be incorporated into the city's
parks operations:
(i)
All irrigation systems will be equipped with controllers
that would allow future conversion to a master control irrigation
system.
(ii)
Drip irrigation systems will be located in all
planting beds.
(iii)
Plans are under development to convert all bubble
systems to drip.
(iv)
Installation of low trajectory irrigation heads
at the perimeter of the parks sites to reduce drift. Future irrigation
systems will be designed to include the low trajectory irrigation
heads along the parks perimeter.
(v)
Irrigation schedules for automated sites are programmed
to irrigate at night.
(vi)
Plant materials indigenous to the city's
climate and soil conditions are used at the park sites.
(B)
One detention pond is located within the Memorial Gardens Park.
When the water level in the pond recedes during drought conditions,
reuse water is used to supplement the runoff water.
(C)
The UTPB Park is irrigated with reuse water or raw water when
reuse water is unavailable. The Memorial Gardens Park is irrigated
with a combination of reuse water and runoff water.
(10)
Athletic field conservation. All athletic
fields operated by the parks department are equipped with automated
sprinkler systems. The athletic fields at the UTPB Park are irrigated
with reuse water rather than the potable water supply.
(11)
Metering of all connections.
(A)
Master meters are currently installed at the WTP and are calibrated
monthly. An accuracy of plus or minus 5% is required for these meters.
(B)
The city has implemented automated meter reading of all customer
connections, including city-owned and operated facilities. All new
construction is also required to be metered. The type of meter installed
will be evaluated to ensure an appropriate meter to satisfy the customer's
usage.
(12)
Meter replacement and maintenance.
(A)
As part of the city's meter replacement program, the meter
installation included the installation of bypasses and test portals
which allow testing of the meters. After installation of the large
meters, the following test schedule was implemented:
(B)
In addition, 3/4 and 1" meters were placed on a replacement
schedule of 10 years or 1,200,000 gallons.
(C)
The above testing and replacement frequencies may be adjusted
based on factors such as suspected problems with a meter or meter
evaluations which indicate the frequency should be increased or decreased.
(D)
The city completed the installation of AMI meters in 2016. Improved
installation has improved metering accuracy and usage accountability.
(13)
Wholesale agency assistance program.
(A)
As provided in the wholesale contract with ECUD, ECUD is required
to implement a water conservation program which is as stringent as
the one adopted by the city.
(B)
Under the requirements of the wholesale contract, ECUD is master
metered. ECUD installed AMI meters throughout its service area in
2016, improving metering accuracy and accountability.
(C)
The city will make its public and school education programs
available to ECUD's customers.
(14)
Reuse water program.
(A)
The city has a very active reuse program. Customers are encouraged
to participate in the reuse program by provision of high-quality water
sold at a cost which is considerably less than potable water. The
customer base includes:
(B)
Since much of the reuse water is provided for irrigation purposes,
the amount of water actually used is highly dependent on the season
and rainfall. Therefore, effluent available for reuse that goes unused
is generally discharged daily. Due to the high quality and lower cost
of the reuse water, other potential customers have requested the reuse
water.
(15)
Public information.
(A)
The city provides an annual mail out to all customers which
contains indoor and outdoor water conservation information. In addition,
each new water customer is given a water conservation brochure.
(B)
City staff is available to make water conservation presentations
to organizations upon request.
(C)
The local Master Gardeners, Keep Odessa Beautiful organization,
and the Texas Agricultural Extension Agent have also been very helpful
in providing information to the city and its customers on outdoor
water conservation. The city will continue to work with these groups
to improve its public outreach in these areas.
(D)
The city provides conservation information through its website.
The city will work to update the website and its information and to
publicize its availability through the government access channel and
other means.
(16)
Leak detection and rehabilitation.
(A)
Customer leaks. Through its customer
billing system, the city monitors water consumption, inspects meters
which vary significantly from previously established norms, and assists
customers in determining a leak in their system.
(B)
System leaks. Notifications of leaks
are taken 24 hours each day. Each leak is investigated as soon as
possible, and repaired if the leak is on the city line.
(C)
Distribution system rehabilitation program.
(i)
Due to aging infrastructure within the city's
distribution and collection system, the city council has approved
approximately 50 million dollars for the rehabilitation of the systems
(including large meter change out previously discussed). The city
employed an outside consultant to assist in the completion of an infrastructure
study which will help determine the priority which should be set in
the replacement or rehabilitation of lines.
(ii)
Through the replacement of the distribution lines,
it is anticipated that many currently undetermined leaks will be resolved.
In addition, the water flushed through the system to maintain water
quality and resolve customer complaints will be reduced.
(Ordinance 2020-34 adopted 9/22/20; Ordinance
2024-22 adopted 5/14/2024)
(a)
Introduction.
(1)
This 2024 revision of the drought contingency plan is established
to protect the integrity of water supply facilities including domestic
uses, sanitation and fire protection, and to protect and preserve
public health, welfare and safety and minimize the adverse impacts
of water supply shortages or other emergency conditions. Water supplies
which fall outside of the raw or potable water supply as furnished
by the CRMWD or the city, respectively, fall outside the scope of
this plan, as does the use of water from private water wells. The
provision of reclaimed water by the Derrington Plant is managed as
a separate item and its use is governed outside of this plan. The
plan is submitted to the Texas Commission on Environmental Quality
in compliance with the requirements of title 30, Texas Administrative
Code, chapter 288.
(b)
Public involvement. The city, through education
and distribution of public information, encourages public involvement
and input into water conservation and drought contingency policy and
efforts.
(c)
Public education.
(1)
The city will periodically provide the public with information
about the plan including the conditions under which each stage of
the plan will be initiated and terminated and the drought response
measures to be implemented in each stage. This information will be
provided by means of a mail-out and posting on the city's website.
(2)
When trigger conditions requiring mandatory restrictions appear
to be approaching, the public will be notified through the local newspaper,
media, the city's website and the government access channel.
(3)
When the trigger conditions have passed, the public will be
notified through the local newspaper, media, the city's website
and the government access channel that the drought contingency measures
can be abated or reduced. Measures will be outlined for any reduced
measures.
(4)
Through the period of the trigger condition, regular information
will be provided to the public to inform them of the cause of the
condition and the requirements for water reduction.
(d)
Authorization. The administrator or his/her
designee is authorized to implement the applicable provisions of this
plan upon determination that such implementation is necessary to protect
public health, safety or welfare, which shall include the authority
to designate irrigation schedules on designated days and hours. The
administrator also has the authority to initiate or terminate drought
or other water supply emergency response measures as described in
this plan.
(e)
Criteria of initiation and termination of drought stages. The administrator or his/her designee shall monitor the water supply
based on information obtained from CRMWD and demand conditions on
frequency sufficient to determine if the trigger conditions are met
to initiate or terminate each stage of the plan.
(f)
Triggers.
(2)
Moderate conditions.
(3)
Severe conditions.
(A)
Requirements for initiation. Daily water
demands exceed 98% of treatment plant's capacity to produce or
pump water for three consecutive days or the moderate conditions have
remained in effect for an extended period, as determined by the administrator.
(B)
Requirements for termination. All triggering
events have ceased to exist for a time period deemed appropriate by
the administrator.
(4)
(5)
Other triggers.
(A)
Requirements for initiation. The administrator
can take the following conditions into consideration in determining
if any of the trigger stages should be implemented:
(i)
Water distribution pressures.
(ii)
Imminent weather conditions.
(iii)
Treated water storage reservoir levels.
(iv)
Treatment and transmission facilities conditions.
(v)
Request of the CRMWD due to limitation in available
water supplies or their transmission facilities.
(vi)
Other conditions deemed appropriate by the administrator.
(B)
Requirements for termination. All triggering
events have ceased to exist for a time period deemed appropriate by
the administrator.
(g)
Notification.
(1)
Public.The administrator will notify
the public that any of the above trigger conditions have been implemented
and the actions to be taken by one or more of the following means:
(2)
Additional notifications.
(h)
Trigger condition responses.
(1)
Mild conditions.
(A)
Target. Achieve a voluntary 1 to 5 percent
reduction in daily water demand.
(C)
Water use restrictions.
(i)
Inform public through the news media that the trigger
condition has been met and customers should look for ways to voluntarily
reduce water use and discontinue water use for nonessential purposes.
(ii)
Notify major industrial users of the situation
and request voluntary water use reductions.
(iii)
Request that water customers voluntarily limit
irrigation of landscaped areas to hours outside of 10:00 a.m. to 6:00
p.m. Designated watering days may also be established by the administrator.
(2)
Moderate conditions.
(A)
Target. Achieve a 5 to 10% reduction
in daily water demand.
(C)
Water use restrictions. Since outside
irrigation and certain other high uses may comprise 50% or more of
total water use during the irrigation season and reductions thereof
may result in reaching the targeted reductions during the irrigation
season, the administrator shall have the flexibility of initiating
all or part of the following restrictions as deemed necessary for
moderate conditions.
(D)
Under threat of penalty for violation, the following water use
restrictions shall apply to all persons:
(i)
Irrigation of landscaped area with hose-end sprinklers
and automatic irrigation systems shall be limited to days designated
by the administrator. No irrigation is allowed during the hours of
10:00 a.m. to 6:00 p.m. on any day. This shall apply to the irrigation
of all outdoor areas. Large tract irrigation, consisting of two (2)
or more acres of a single property, shall be limited to 10-hour watering
periods on designated days in order to allow the completion of required
irrigation cycles.
The use of reclaimed water shall be exempt from this regulation.
Those entities using reclaimed water for irrigation are subject to
the supply management as determined by separate contractual and other
limitations outside of this plan.
(ii)
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 the city.
(iii)
Use of water to wash any motor vehicle, motorbike,
boat, trailer, airplane or other vehicle must be done with a hand-held
bucket or hose equipped with a positive shutoff nozzle or other means
to restrict flow when not immediately needed. Such washing is prohibited
except on designated water days. No washing is allowed during the
hours of 10:00 a.m. to 6:00 p.m. on any day. Vehicle washing may be
done at any time on the immediate premises of a commercial carwash
or commercial service station. Washing of vehicles by so-called "mobile-wash"
vendors is also allowed contingent upon that activity being in compliance
with all other applicable rules and local laws. Further, such washing
may be exempted from these regulations if the health, safety, and
welfare of the public are contingent upon frequent vehicle cleansing,
such as garbage trucks and vehicles used to transport food and perishables.
(iv)
The following uses of water are defined as nonessential
and are prohibited:
a.
Wash down of any sidewalks, walkways, driveways,
parking lots, tennis courts, or other hard-surfaced areas;
b.
Use of water to wash down buildings or structures
for purposes other than immediate fire protection;
c.
Use of water for dust control, unless determined
to be essential by state or local rule/law;
d.
Flushing gutters or permitting water to run or accumulate
in any gutter or street; and
e.
Failure to repair a controllable leak(s) within
a reasonable period after having been given notice directing the repair
of such leak(s).
(v)
All restaurants are prohibited from serving water
to patrons except upon request of the patron.
(vi)
No filling, refilling, or addition can be made
between the hours of 10:00 a.m. to 6:00 p.m.
(3)
Severe conditions.
(A)
Target. Achieve a 10—15% reduction
in daily water demand.
(B)
Best management practices.
(i)
Implement ban on certain types of nonessential
water uses.
(ii)
Consider implementation of a surcharge for excess
water usage.
(iii)
Discontinue all fire hydrants flushing except
where critical to maintaining water quality.
(iv)
Reduce or, if necessary, discontinue irrigation
of public landscaped areas irrigated with the raw or potable water
sources.
(C)
Water use restrictions.
(i)
Irrigation of landscaped areas shall be prohibited
except on days and hours designated by the administrator. All watering
must be by hand-held hoses, buckets or drip irrigation. Use of permanently
installed automatic sprinklers is prohibited at all times.
(ii)
At the discretion of the administrator, due to
continued or extremely severe conditions, watering of all landscaped
areas may be prohibited.
(iii)
Public water use for the following nonessential
uses will be prohibited:
a.
Street washing;
b.
Filling swimming pools, wading pools, Jacuzzi-type
pools, or other recreational-type pools;
c.
Operation of any ornamental fountain or pond for
aesthetic or scenic purposes except where necessary to support aquatic
life;
d.
Washing of cars and other vehicles except required
for public health and safety;
e.
Construction uses from fire hydrants.
(iv)
Other limits for water use for industrial, commercial,
and residential customers as deemed necessary by the administrator.
(4)
Emergency conditions.
(A)
Target. Reduce water usage as deemed
necessary by the administrator to alleviate the emergency conditions,
maintain fire flows, and/or state requirements for the maintenance
of distribution systems.
(B)
Best management practices. Implement emergency response procedures
appropriate for the type and anticipated duration of the emergency.
(C)
Water use restrictions.
(i)
Contact all large water users to require that they
cease all landscape irrigation and reduce all other water uses as
much as possible.
(ii)
Implement severe condition restrictions as needed
and practical in time frame of emergency for all other customers.
(iii)
Implement emergency response program as appropriate.
(5)
Water allocations. In the event a water
shortage threatens public health, safety and welfare, the city council
may implement a surcharge system for water usage over specified volume
for residential, commercial and industrial customers.
(i)
Update of trigger conditions. The city will
periodically examine its water production requirements and its ability
to maintain these requirements to determine if trigger conditions
should be revised. If it is determined that trigger conditions need
to be revised, the Texas Commission on Environmental Quality will
be contacted.
(j)
Pro rata curtailment. In the event that the triggering criteria specified in subsection (f) of the plan for severe conditions have been triggered, the administrator, or his/her designee, is hereby authorized to initiate allocation of water supplied on a pro rata basis in accordance with Texas Water Code, § 11.039.
(k)
Contract provision. The city will include
a provision in every wholesale water contract entered into or renewed
after adoption of the plan, including contract extensions, that in
case of a shortage of water resulting from drought, the water to be
distributed shall be divided in accordance with Texas Water Code,
§ 11.039.
(l)
Variance. The administrator or his/her designee
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 or hardship 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.
(3)
Persons requesting an exemption from the provisions of the plan
shall file a petition for variance with the city within five days
after the plan or a particular drought response stage has been invoked.
All petitions for variances shall be reviewed by the administrator
or his/her designee 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 plan.
(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.
(4)
Variances granted by the city shall be subject to the following
conditions, unless waived or modified by the administrator or his/her
designee:
(A)
Variances granted shall include a timetable for compliance.
(B)
Variances can be terminated if the terms of the variance are
not met by the customer.
(C)
Variances granted shall expire when the plan is no longer in
effect.
(D)
No variance shall be retroactive or otherwise justify any violation
of this plan occurring prior to the issuance of the variance.
(m)
Enforcement and penalties.
(1)
No person shall knowingly or intentionally allow the use of
water from the city for residential, commercial, industrial, agricultural,
governmental, or any other purpose in a manner contrary to any provision
of this, the city of Odessa, Texas water conservation and drought
contingency plan, or in an amount in excess of that permitted by the
drought response stage in effect at the time pursuant to action taken
by the administrator, in accordance with provisions of this plan.
(2)
Any person, including a person classified as a water customer
of the 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. Parents shall
be presumed to be responsible for violations of their minor children,
and proof that a violation committed by a child occurred on property
within the parents control shall constitute a rebuttable presumption
that the parent committed the violation, but any such parent may be
excused if he/she proves that he/she had previously directed the child
not to use the water as it was used in violation of this plan and
that the parent could not have reasonably known of the violation.
(3)
Any person who violates this plan is guilty of a misdemeanor
and, upon conviction shall be punished by a fine of not more than
two thousand dollars ($2,000.00). Each day that one or more of the
provisions in this plan is violated shall constitute a separate offense.
If a person is convicted of three or more distinct violations of this
plan, the administrator shall, upon due notice to the customer, be
authorized to discontinue water service to the premises where such
violations occur. Services discontinued under such circumstances shall
be restored only upon payment of a reconnection charge, established
by city policy, and any other costs incurred by the city in discontinuing
service and all assessed fines. In addition, suitable assurance must
be given to the administrator that the same action shall not be repeated
while the plan is in effect. Compliance with this plan may also be
sought through injunctive relief in the district court.
(Ordinance 2020-34 adopted 9/22/20; Ordinance
2024-22 adopted 5/14/2024)
