(a) 
In order to conserve the available water supply and protect the integrity of water supply facilities, with particular regard for domestic water use, sanitation, and fire protection, and to protect and preserve public health, welfare, and safety and minimize the adverse impacts of water supply shortage or other water supply emergency conditions, the city hereby adopts the following regulations and restrictions on the delivery and consumption of water through an ordinance/or resolution (see appendix to Ordinance 2020-06).
(b) 
Water uses regulated or prohibited under this drought contingency plan (the plan) 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 as defined in section 13.04.040 of this plan.
(Ordinance 2020-06 adopted 8/11/20)
Opportunity for the public to provide input into the preparation of the plan was provided by the city by means of scheduling and providing public notice of a public meeting to accept input on the plan.
(Ordinance 2020-06 adopted 8/11/20)
The city will periodically provide the public with information about the plan, including information about the conditions under which each stage of the plan is to be initiated or terminated and the drought response measures to be implemented in each stage. This information will be provided by means of public events, press releases or utility bill inserts.
(Ordinance 2020-06 adopted 8/11/20)
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 2020-06 adopted 8/11/20)
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 2020-06 adopted 8/11/20)
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 or alternative uses.
Customer.
Any person, company, or organization using water supplied by City of San Saba.
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 address.
Street addresses, box numbers, or rural postal route numbers ending in 0, 2, 4, 6, or 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 the 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 areas;
(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 address.
Street addresses, box numbers, or rural postal route numbers ending in 1, 3, 5, 7, or 9.
(Ordinance 2020-06 adopted 8/11/20)
(a) 
The city manager, or his/her designee, shall monitor water supply and/or demand conditions on a monthly basis and shall determine when conditions warrant initiation or termination of each stage of the plan. Public notification of the initiation or termination of drought response stages shall be by means of publication in a newspaper of general circulation, direct mail to each customer and/or signs posted in public places.
(b) 
The city owns and operates a ground water well public water system. Triggering criteria will be initiated and implemented by the city.
(1) 
Stage 1 - Drought watch.
(A) 
Requirements for initiation.
Customers shall be required to voluntarily conserve water and adhere to the prescribed restrictions on certain water uses, defined in section 13.04.037 - definitions, when:
(i) 
At any time the average daily use reaches 90% of production capacity and continues for three consecutive days, the city manager shall be authorized to request voluntary compliance by all users and initiate other measures in accordance with the conservation/drought contingency plan as set out in the plan. Daily average use as determined by the city public works department.
(B) 
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 30 consecutive days. The city will notify the media of the termination of stage 1 of the same manner as the notification of the implementation of stage 1 of the plan.
(2) 
Stage 2 - Drought warning.
(A) 
Requirements for initiation.
Customers shall be required to comply with the requirements and restrictions on certain nonessential water uses provided in section 13.04.037 of this plan when:
(i) 
At any time the average daily water consumption reaches 100% of rated production and continues for a period of three consecutive days, the city manager shall implement compulsory compliance by all users in accordance with the conservation/drought contingency plan in accordance with standards of usage outlined within the plan and with the penalties established therein. Daily average water consumption is as determined by the city public works department.
(B) 
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 30 consecutive days. Upon termination of stage 2, stage 1 becomes operative. The city will notify the media of the termination of stage 2 in the same manner as the notification of stage 1 of the plan.
(3) 
Stage 3 - Drought emergency.
(A) 
Requirements for initiation.
Customers shall be required to comply with the requirements and restrictions on certain nonessential water uses for stage 3 of this plan when:
(i) 
In the event the critical conditions persist for an extended period of time, the city may ration water usage or terminate service to selected users of the system in accordance with the following sequence:
a. 
First: Industrial users.
b. 
Second: Commercial users.
c. 
Third: Residential users.
d. 
Last: Public health and safety facilities.
(B) 
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 30 consecutive days. Upon termination of stage 3, stage 2 becomes operative. The city will notify the media of the termination of stage 3 in the same manner as the notification of stage 1 of the plan.
(Ordinance 2020-06 adopted 8/11/20)
The city manager, or his/her designee, shall monitor water supply and/or demand conditions and, in accordance with the triggering criteria set forth in section 13.04.038 of the plan, shall determine that a stage 1, 2 or 3 condition exists and shall implement the following actions upon publication of notice in a newspaper of general circulation:
(1) 
Stage 1 - Drought watch.
Supply management measures:
(A) 
Inform public by mail and through the news media that a trigger condition has been reached and that water users should look for ways to reduce water consumption voluntarily.
(B) 
Advise public of the trigger condition situation weekly.
(C) 
Request water users to insulate pipes rather than allowing water to flow to keep pipe from freezing.
(2) 
Stage 2 - Drought warning.
Supply management measures:
(A) 
Continue implementation of all relevant actions in preceding phase.
(B) 
Carwashing, window washing, and pavement washing shall be prohibited except when a bucket is used.
(C) 
A mandatory lawn watering schedule shall be implemented, so that customers will be required to limit outside watering to alternate days based on residents address as determined by city and not exceed once a week. A schedule should be published in all area newspapers and broadcast on local radio and television. Watering shall be limited to the hours of 6:00–10:00 a.m. and 8:00–10:00 p.m.
(D) 
Shrubs and newly established lawn grasses may be watered with a handheld hose with a sprayer limiting nozzle discharge to 2.0 gpm.
(E) 
The following public water uses, not essential for public health or safety, are prohibited:
(i) 
Street washing.
(ii) 
Water hydrant flushing.
(iii) 
Filling pools.
(iv) 
Golf course watering.
(3) 
Stage 3 - Drought emergency.
Supply management measures:
(A) 
Prohibit all outdoor use.
(B) 
Implement a user surcharge of $4.00 per 1,000 gallons for consumption over the following limits:
(i) 
Single-family dwellings.
10,000 gallons/month.
(ii) 
Multifamily dwellings.
8,000 gallons/month.
(iii) 
Trailer parks.
5,000 gallons/month.
(iv) 
Commercial and industrial users by meter size.
Meter Size
5/8 inch
10,000 gallons/month
1 inch
20,000 gallons/month
2 inches
40,000 gallons/month
(C) 
City will investigate alternative water supplies and possible emergency supply sources.
(Ordinance 2020-06 adopted 8/11/20)
(a) 
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 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 city manager, or his/her designee, in accordance with provisions of this plan.
(b) 
Any person who violates this plan is guilty of a misdemeanor and, upon conviction shall be punished by a fine of not less than fifty dollars ($50.00) and not more than two hundred dollars ($200.00). 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 city manager 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, hereby established at $50.00, and any other costs incurred by the city in discontinuing service. In addition, suitable assurance must be given to the city manager 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.
(c) 
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.
(d) 
Any employee of the city’s police officer, or other city employee designated by the city manager, may issue a citation to a person he/she reasonably believes to be in violation of this division. The citation shall be prepared in duplicate and shall contain the name and address of the alleged violator, if known, the offense charged, and shall direct him/her to appear in the municipal court on the date shown on the citation for which the date shall not be less than 3 days nor more than 5 days from the date the citation was issued. The alleged violator shall be served a copy of the citation. Service of the citation shall be complete upon delivery of the citation to the alleged violator, to an agent or employee of a violator, or to a person over 14 years of age who is a member of the violator’s immediate family or is a resident of the violator’s residence. The alleged violator shall appear in municipal court to enter a plea of guilty or not guilty for the violation of this plan. If the alleged violator fails to appear in municipal court, a warrant for his/her arrest may be issued. A summons to appear may be issued in lieu of an arrest warrant. These cases shall be expedited and given preferential setting in municipal court before all other cases.
(Ordinance 2020-06 adopted 8/11/20)
(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 division shall file a petition for variance with the city within 5 days after the plan or a 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 following:
(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 others if petitioner complies with this division.
(5) 
Description of the relief requested.
(6) 
Period of time for which the variance is sought.
(7) 
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.
(8) 
Other pertinent information.
(c) 
Variances granted by the city 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.
(d) 
No variance shall be retroactive or otherwise justify any violation of this plan occurring prior to the issuance of the variance.
(Ordinance 2020-06 adopted 8/11/20)