In order to conserve the available water supply and/or to protect the integrity of water supply facilities, with particular regard for domestic water use, sanitation, and fire protection, and to protect and preserve public health, welfare, and safety and minimize the adverse impacts of water supply shortage or other water supply emergency conditions, the city adopts the following public water supplier drought contingency plan (the plan).
(Ordinance 2020-07 adopted 8/11/20)
Opportunity for the public and wholesale water customers to provide input into the preparation of the plan was provided by the city by means of scheduling and proving public notice of a public meeting to accept input on the plan.
(Ordinance 2020-07 adopted 8/11/20)
The city will periodically provide wholesale water customers with information about the plan, including information about the conditions under which each stage of the plan is to be initiated or terminated and the drought response measures to be implemented in each stage. This information will be provided by means of mailing a copy of the plan to the wholesale customers.
(Ordinance 2020-07 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 2020-07 adopted 8/11/20)
(a) 
The provisions of this plan shall apply to all customers utilizing water provided by the city. The terms “person” and “customer” as used in the plan include individuals, corporations, partnerships, associations, and all other legal entities.
(b) 
All future wholesale customer contracts or contract extensions to existing wholesale contracts shall include the following provision:
“In the case of a shortage of water resulting from drought, water to be distributed shall be divided in accordance with Texas Water Code, section 11.039.”
(Ordinance 2020-07 adopted 8/11/20)
(a) 
The city manager or his/her designee, shall monitor water supply and/or demand conditions on a weekly basis and shall determine when conditions warrant initiation or termination of each stage of the plan. Customer notification of the initiation or termination of drought response stages will be made by mail or telephone. The news media will also be informed.
(b) 
The triggering criteria described below are based on the known system capacity of the city.
(Ordinance 2020-07 adopted 8/11/20)
(a) 
Stage 1 triggers - Mild water shortage conditions.
(1) 
Requirements for initiation.
Customers shall be requested to voluntary conserve water and adhere to the prescribed restrictions on certain water uses when:
(A) 
Average daily water consumption reaches 90% of consumption capacity;
(B) 
90% consumption has existed for three days.
(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. The city will notify its wholesale customers and the media of the termination of stage 1 in the same manner as the notification of initiation of stage 1 of the plan.
(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 when:
(A) 
Average daily water consumption reaches 100% of rated system capacity for any three day period and weather conditions indicate drought conditions will exist for five days or more;
(B) 
Storage capacity is not being maintained during period of 100% rated capacity period;
(C) 
One ground storage tank is taken out of service during mild drought conditions.
(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. The city will notify its wholesale customers and the media of the termination of stage 2 in the same manner as the notification of initiation of stage 1 of the plan.
(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 for stage 3 of this plan when:
(A) 
Average daily water consumption reaches 110% of rated system capacity;
(B) 
Average daily water consumption will not let storage levels be maintained;
(C) 
System demand exceeds available high service pump capacity;
(D) 
Any two conditions listed in moderate drought classification occur at the same time for a 24-hour period;
(E) 
Water system is contaminated either accidentally or intentionally;
(F) 
Water system fails from acts of god (tornadoes, floods) or man (severe condition is reached immediately upon detection of this condition).
(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. The city will notify its wholesale customers and the media of the termination of stage 3 in the same manner as the notification of initiation of stage 2 of the plan.
(Ordinance 2020-07 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 13.04.068, shall determine that mild, moderate, or severe water shortage conditions exist or that an emergency condition exists and shall implement the following notification procedures:
(1) 
Stage 1 response - Mild water shortage conditions.
(A) 
Target.
Achieve a voluntary 10 percent reduction in daily water demand.
(B) 
Best management practices for supply management.
(i) 
Reduce or discontinue flushing of water mains.
(ii) 
Inform all wholesale customers to initiate voluntary water restrictions and invoke stage 1 of the drought contingency plan.
(C) 
Water use restrictions for reducing demand.
(i) 
The city manager or his/her designee(s), will contact wholesale water customers to discuss water supply and/or demand conditions and will request that wholesale water customers initiate voluntary measures to reduce water use by implementing stage 1 of the customer’s drought contingency plan.
(ii) 
The city manager or his/her designee(s), will provide a weekly report to news media with information regarding current water supply and/or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices.
(2) 
Stage 2 response - Moderate water shortage conditions.
(A) 
Target.
Achieve a 20 percent reduction in daily water demand.
(B) 
Best management practices for supply management.
(i) 
Reduce or discontinue flushing of water mains.
(ii) 
Inform all wholesale customers to initiate mandatory water restrictions and invoke stage 2 of the drought contingency plan.
(iii) 
Reduce or discontinue all outdoor watering of city owned landscaping and properties with the exception of tree and shrub watering.
(C) 
Water use restrictions for reducing demand.
(i) 
The city manager or his/her designee(s), will initiate weekly contact with 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 his/her designee(s), will request wholesale water customers to initiate mandatory measures to reduce nonessential water use.
(iii) 
The city manager or his/her designee(s), 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 to the procedures specified in section 13.04.070 of the plan.
(iv) 
The city manager or his/her designee(s), will provide a weekly report to news media with information regarding current water supply and/or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices.
(3) 
Stage 3 response - Severe water shortage conditions.
(A) 
Target.
Achieve a 50 percent reduction in daily water demand.
(B) 
Best management practices for supply management.
(i) 
All requirements of stage 2 shall remain in effect during stage 3.
(ii) 
Discontinue all outdoor watering of city owned landscaping and properties including trees and shrubs.
(iii) 
Inform all wholesale customers to initiate mandatory water restrictions and invoke stage 3 of their drought contingency plans.
(C) 
Water use restrictions for reducing demand.
(i) 
The city manager or his/her designee(s), will contact wholesale water customers to discuss water supply and/or demand conditions and will request that wholesale water customers initiate additional mandatory measures to reduce nonessential water use.
(ii) 
The city manager or his/her designee(s), will initiate pro rata curtailment of water diversions and/or deliveries for each wholesale customer according to the procedures specified in section 13.04.070 of the plan.
(iii) 
The city manager or his/her designee(s) will provide a weekly report to news media with information regarding current water supply and/or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices.
(Ordinance 2020-07 adopted 8/11/20)
In the event that the triggering criteria specified in section 13.04.068 of the plan for stage 3 - severe water shortage conditions have been met, the city manager is hereby authorized initiate allocation of water supplies on a pro rata basis in accordance with Texas Water Code section 11.039 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 as conditions warrant. Once pro rata allocation is in effect, water diversions by or deliveries to each wholesale customer shall be limited to the allocation established for each month.
(2) 
A monthly water usage allocation shall be established by the city manager, or his/her designee, for each wholesale customer. The wholesale customer’s water usage baseline will be computed on the average water usage by month for the (e.g., 2009–2013) period as shown in the example given below. If the wholesale water customer’s billing history is less than 5 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.
(A) 
Alternative water sources.
(B) 
The city will investigate alternative water supplies and possible emergency supply sources.
Example Calculation of Monthly Allocation for a Hypothetical Wholesale Water Customer
 
2009
2010
2011
2012
2013
SUM
AVE
Allocation Percentage
Monthly Allocation
Jan
133
137
146
148
156
719
144
75%
108
Feb
115
122
133
133
147
650
130
75%
98
March
130
150
146
149
159
734
147
75%
110
April
130
167
168
157
187
808
162
75%
122
May
160
152
179
183
171
845
169
75%
127
June
226
184
172
205
249
1,035
207
75%
155
July
235
274
232
314
246
1,301
260
75%
195
Aug
222
203
206
337
309
1,277
255
75%
191
Sept
199
160
196
229
198
982
196
75%
147
Oct
165
172
197
165
185
884
177
75%
133
Nov
139
142
149
153
162
745
149
75%
112
Dec
142
143
150
156
165
755
151
75%
113
Total
1,995
2,006
2,072
2,330
2,333
 
2,333
 
 
*Units in million gallons.
(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 news media and the executive director of the Texas Commission on Environmental Quality upon initiation of pro rata water allocation and any implementation of any mandatory provision.
(4) 
Upon 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; or (C) other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. A customer may appeal an allocation established hereunder to the city council.
(Ordinance 2020-07 adopted 8/11/20)
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 million gallons in excess of the monthly allocation up through 5 percent above the monthly allocation.
(2) 
2.0 times the normal water charge per million gallons in excess of the monthly allocation from 5 percent through 10 percent above the monthly allocation.
(3) 
2.5 times the normal water charge per million gallons in excess of the monthly allocation from 10 percent through 15 percent above the monthly allocation.
(4) 
3.0 times the normal water charge per million gallons more than 15 percent above the monthly allocation.
(5) 
The above surcharges shall be cumulative.
(Ordinance 2020-07 adopted 8/11/20)
(a) 
The city manager or his/her designee, may, in writing, grant a temporary variance to the pro rata water allocation policies provided by this plan if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the public health, welfare, or safety and if one or more of the following conditions are met:
(1) 
Compliance with this plan cannot be technically accomplished during the duration of the water supply shortage or other condition for which the plan is in effect.
(2) 
Alternative methods can be implemented which will achieve the same level of reduction in water use.
(b) 
Persons requesting an exemption from the provisions of this plan shall file a petition for variance with the city manager within 5 days after pro rata allocation has been invoked. All petitions for variances shall be reviewed by the city council and shall include the following:
(1) 
Name and address of the petitioner(s).
(2) 
Detailed statement with supporting data and information as to how the pro rata allocation of water under the policies and procedures established in the plan adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this resolution.
(3) 
Description of the relief requested.
(4) 
Period of time for which the variance is sought.
(5) 
Alternative measures the petitioner is taking or proposes to take to meet the intent of this plan and the compliance date.
(6) 
Other pertinent information.
(c) 
Variances granted by the city council shall be subject to the following conditions, unless waived or modified by the city council or its designee:
(1) 
Variances granted shall include a timetable for compliance.
(2) 
Variances granted shall expire when the plan is no longer in effect, unless the petitioner has failed to meet specified requirements.
(d) 
No variance shall be retroactive or otherwise justify any violation of this plan occurring prior to the issuance of the variance.
(Ordinance 2020-07 adopted 8/11/20)