(a) 
In order to conserve the available water supply and/or to protect the integrity of the water supply facilities, with particular regard for domestic water use, sanitation and fire protection and to protect and preserve the public health, welfare and safety and minimize the adverse impacts of water supply or other water supply emergency conditions, the city adopts the following amended drought contingency plan (the plan).
(b) 
Water uses regulated or prohibited under this drought contingency plan (the plan) are considered to be non-essential 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 12.03.011 of this plan.
(Ordinance adopted 4/20/15, sec. I)
Opportunity for the public to provide input into the preparation of the plan was provided by the city by means of public meetings and hearings. Further, the city has formed citizens’ advisory committees from time to time to address water-related infrastructure affecting the city to gain public awareness and input.
(Ordinance adopted 4/20/15, sec. II)
The city will periodically provide public information about the plan including information about 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 press releases, flyers, website postings and utility bill inserts.
(Ordinance adopted 4/20/15, sec. III)
The service area of the city is located within the Llano Estacado Regional Planning Group and the city has provided a copy of this plan to the Llano Estacado Regional Planning Group.
Updates shall be provided to the planning group as required.
(Ordinance adopted 4/20/15, sec. IV)
The public works director/utility manager or his/her designee is hereby authorized and directed to implement the applicable provisions of the plan upon determination that such implementation is necessary to protect the public health, safety and welfare of the public. The DPW, or his/her designee, shall have the authority to initiate or terminate drought or other water supply emergency response measures as described in the plan.
(Ordinance adopted 4/20/15, sec. V)
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 adopted 4/20/15, sec. VI)
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.
Bulk water.
Treated city water which is metered and sold in large quantities to customers at the then-current bulk water rate as set by the city council and is dispensed by prior arrangement with city personnel from any fire hydrant or other city-owned bulk water outlet inside or outside of the city limits.
Commercial and institutional water use.
Water use that 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 the city.
Domestic water use.
Water use for their personal needs for a household or sanitary purposes such as drinking, bathing, heating, cooking, or sanitation or for cleaning a residence, business, industry or institution.
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, parks, and rights-of-way and medians.
Non-essential water use.
Water uses that are not essential nor required for the protection of public, health, safety and welfare including but not limited to the following:
(1) 
Irrigation of landscape areas, including parks and athletic fields, except as 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 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 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.
(Ordinance adopted 4/20/15, sec. VII; Ordinance adopting Code)
(a) 
The director of public works (DPW), or his/her designee, shall monitor water supply and/or demand conditions on a daily basis and shall determine when conditions warrant initiation or termination of each stage of the plan. 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, signs posted in public places, website postings, blackboard postings/calls, radio broadcasts and other appropriate means for notifying the public.
(b) 
The triggering criteria described below are based on the yield of the aquifer from which water is pumped and/or from the city facilities providing the pumping and distribution of water within the city.
(1) 
Stage I - Mild water shortage conditions.
(A) 
Requirements for initiation.
Customers shall be requested to voluntarily conserve water and adhere to the prescribed restrictions on certain water uses, defined in section 12.03.007 (Definitions), when two (2) of the city’s wells have stopped pumping or have dropped by 20% or more in overall production based on meter readings at the well.
(B) 
Requirements for termination.
Stage I of the plan may be rescinded when all conditions listed as triggering events have ceased to exist for a period of seven (7) consecutive days.
(2) 
Stage II - Moderate water shortage conditions.
(A) 
Requirements for initiation.
Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses provided in section 12.03.007 of this plan when the total daily water demand equals or exceeds 1.0 million gallons per day for five (5) consecutive days or 1.5 million gallons on a single day based on the “safe” operating capacity of the water supply facilities, including all well production, storage capacity and booster pumping capability.
(B) 
Requirements for termination.
Stage II of the plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of a minimum of ten (10) consecutive days. Upon termination of Stage II, Stage I becomes operative and is in effect.
(3) 
Stage III - Severe water shortage conditions.
(A) 
Requirements for initiation.
Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses for Stage III of this plan when five (5) or more wells are not working or fall short of their normal production flows based on well meter readings and the overall static water depth of the groundwater. This can include well pump failure as well.
(B) 
Requirements for termination.
Stage III of the plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of fifteen (15) days. Upon termination of Stage III, Stage II becomes operative and in effect.
(4) 
Stage IV - Critical water shortage conditions.
(A) 
Requirements for initiation.
Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses for Stage IV of this plan when there are continually falling treated water reservoir levels [that] do not refill above 50% overnight or in a 10-hour period of non-use based on an evaluation of minimum treated water storage required to avoid system outage. Average daily usage shall also be used to determine the minimum volumes required to maintain system compliance with applicable TCEQ requirements.
(B) 
Requirements for termination.
Stage IV of the plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of seven (7) consecutive days. Upon termination of Stage IV, Stage III becomes operative and in effect.
(5) 
Stage V - Emergency water shortage conditions.
(A) 
Requirements for initiation.
Customers shall be required to comply with the requirements and restrictions for Stage V of this plan when the DPW, or his/her designee, determines that a water supply emergency exists based on:
(i) 
Major water line breaks or pump or system failures occur, which cause unprecedented loss of capability to provide water service; or
(ii) 
Natural or man-made contamination of the water supply source(s).
(B) 
Requirements for termination.
Stage V of the plan may be rescinded when all conditions listed as triggering events have ceased to exist for a period of five (5) consecutive days.
(6) 
Water rationing.
(A) 
Requirements for initiation.
Customers shall be required to comply with the water allocation plan prescribed in section 12.03.010 of this plan and comply with the requirements and restrictions for Stage V of this plan when a system failure occurs and prevents the system from supplying adequate water.
(B) 
Requirements for termination.
Water rationing may be rescinded when all of the conditions listed as triggering events have ceased for a period of five (5) consecutive days.
(Ordinance adopted 4/20/15, sec. VIII)
The DPW, or his/her designee, shall monitor water supply and/or demand conditions on a daily basis and, in accordance with the triggering criteria set forth in section 12.03.008 of the plan, shall determine that a mild, moderate, severe, critical or emergency condition exists and shall implement the following actions upon publication of notice in a newspaper of general circulation:
(1) 
Stage I - Mild shortage conditions.
(A) 
Goal.
Achieve a voluntary 10 percent reduction in daily water demand.
(B) 
Supply management measures.
The city, to manage limited water supplies and/or reduce water demand, will reduce or discontinue flushing of water mains, reduce or discontinue irrigation of public landscaped areas and use reclaimed water for non-potable purposes.
(C) 
Voluntary water use restrictions.
(i) 
Water customers are requested to voluntarily limit the irrigation of landscaped areas to Sundays and Thursdays for customers with a street address located north of 12th Street (SH 83) and Saturdays and Wednesdays for water customers with a street address located south of 12th Street (SH 83) and to irrigate landscapes only between the hours of midnight and 10:00 a.m. and 8:00 p.m. to midnight on designated days.
(ii) 
All operations of the city shall adhere to water use restrictions prescribed for Stage II of the plan.
(iii) 
Water customers are requested to practice water conservation and to minimize or discontinue water use for non-essential purposes.
(2) 
Stage II - Moderate shortage conditions.
(A) 
Goal.
Achieve a 20 percent reduction in daily water demand.
(B) 
Supply management measures.
The city shall manage limited water supplies and/or reduce water demand, will reduce or discontinue flushing of water mains, reduce or discontinue irrigation of public landscaped areas and use reclaimed water for non-potable purposes.
(C) 
Water use restrictions.
Under threat of penalty for violation, the following water use restrictions shall apply to all persons:
(i) 
Irrigation of landscaped areas with hose-end sprinklers or automatic irrigation systems shall be limited to Sundays and Thursdays for customers with a street address located north of 12th street (SH 83) and Saturdays and Wednesdays for water customers with a street address located south of 12th street (SH 83), and irrigation of landscaped areas is further limited to the hours of 12:00 midnight until 10:00 a.m. and between 8:00 p.m. and 12:00 midnight on designated days. However, irrigation of landscaped areas is permitted at any time if it is by means of a hand-held hose, a faucet-filled bucket or a watering can of five (5) gallons or less, or drip irrigation system.
(ii) 
Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is prohibited except on designated watering days between the hours of 12:00 midnight and 10:00 a.m. and between 8:00 p.m. and 12:00 midnight. Such washing, when allowed, shall be done with a hand-held bucket or a hand-held hose equipped with a positive shutoff nozzle for quick rinses. Vehicle washing may be done at any time on the immediate premises of a commercial car wash or commercial service station. Further, such washing may be exempted from these regulations if the health, safety and welfare of the public is contingent upon frequent vehicle cleansing, such as garbage trucks and vehicles used to transport food and perishables.
(iii) 
Use of water to refill or add to any indoor or outdoor swimming pools, wading pools, or Jacuzzi-type pools is prohibited except on designated watering days between the hours of 12:00 midnight and 10:00 a.m. and between 8:00 p.m. and 12:00 midnight.
(iv) 
Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system.
(v) 
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.
(vi) 
All restaurants are prohibited from serving water to their patrons except when requested.
(vii) 
The following uses of water are defined as non-essential and are prohibited:
a. 
Wash-down of any sidewalks, walkways, driveways, parking lots, tennis courts or other hard-surface 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;
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).
(viii) 
Violations of any of these restrictions or residential usage of 40,000 gallons or more per billing period for two (2) consecutive billings, while in Stage II conditions, is subject to a fine up to $250.00 per violation.
(ix) 
Residential water rates:
a. 
0 - 10,000 gallons: No rate change.
b. 
10,000 - 20,000 gallons: 1.5 times current rate.
c. 
20,000 - 30,000 gallons: 2.5 times current rate.
d. 
30,000 gallons plus: 3.5 times current rate.
(3) 
Stage III - Severe water shortage conditions.
(A) 
Goal.
Achieve a 25 percent reduction in daily water demand.
(B) 
Supply management measures.
The city shall manage limited water supplies and/or reduce water demand, will reduce or discontinue flushing of water mains, reduce or discontinue irrigation of public landscaped areas and use reclaimed water for non-potable purposes.
(C) 
Water use restrictions.
All requirements of Stage II shall remain in effect during Stage III except:
(i) 
Irrigation of landscaped areas shall be limited to designated watering days between the hours of 12:00 midnight and 10:00 a.m. and between 8:00 p.m. and 12:00 midnight and shall be by means of hand-held hoses, hand-held buckets, drip irrigation or permanently installed automatic sprinkler system only. The use of hose-end sprinklers is prohibited at all times.
(ii) 
The use of water for construction purposes from designated fire hydrants under special permit is to be discontinued.
(4) 
Stage IV - Critical water shortage conditions.
(A) 
Goal.
Achieve a 30 percent reduction in daily water demand.
(B) 
Supply management measures.
The city shall manage limited water supplies and/or reduce water demand, will reduce or discontinue flushing of water mains, reduce or discontinue irrigation of public landscaped areas and use reclaimed water for non-potable purposes.
(C) 
Water use restrictions.
All requirements of Stages II and III shall remain in effect during Stage IV except:
(i) 
Irrigation of landscaped areas shall be limited to designated watering days between the hours of 6:00 a.m. and 10:00 a.m. and between 8:00 p.m. and 12:00 midnight and shall be by means of the hand-held hoses, hand-held buckets or drip irrigation only. The use of hose-end sprinklers is prohibited at all times.
(ii) 
Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle into [not] occurring on the premises of a commercial car wash and/or commercial service station and not in the immediate interest of public health, safety and welfare is prohibited. Further, such vehicle washing at commercial car washes and commercial service stations shall occur only between the hours of 6:00 a.m. and 10:00 a.m. and between 6:00 p.m. and 10:00 p.m.
(iii) 
The filling, refilling or adding of water to swimming pools, wading pools and Jacuzzi-type pools is prohibited.
(iv) 
Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system.
(v) 
No applications for new, additional, expanded or increased-in-size water service connections, meters, service lines, pipeline extensions, mains or water service facilities of any kind shall be allowed or approved.
(5) 
Stage V - Emergency water shortage conditions.
(A) 
Goal.
Achieve a 35 percent reduction in daily water demand.
(B) 
Supply management measures.
The city shall manage limited water supplies and/or reduce water demand, will reduce or discontinue flushing of water mains, reduce or discontinue irrigation of public landscaped areas and use reclaimed water for non-potable purposes.
(C) 
Water use restrictions.
All requirements of Stages I, II, III and IV shall remain in effect during Stage V except:
(i) 
Irrigation of landscaped areas is absolutely prohibited.
(ii) 
Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is absolutely prohibited.
(Ordinance adopted 4/20/15, sec. IX; Ordinance adopting Code)
In the event that the triggering criteria specified in section 12.03.008 of the plan for Stage II moderate water shortage conditions or Stage III severe water shortage conditions have been met, the DPW, or his/her designee, is hereby authorized to 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) 
The DPW, or his/her designee, shall allocate a percentage reduction for each customer based on residential, commercial or industrial user. Such reduction shall be the same as identified in each stage as defined herein. These reduction allocations may be adjusted periodically based on the DPW’s, or his/her designee’s, assessment of the severity of the water shortage condition. The city council shall approve all such adjustments for customers by resolution as conditions warrant.
(2) 
The DPW, or his/her designee, shall establish a monthly water usage allocation for each customer based on previous water usage from billing records. The customer’s water usage baseline will be computed on the average water usage by month for the three (3) year period prior to the implementation of the plan. If the customer’s billing history is less than three (3) years, the monthly average for the period for which there is a record shall be used for any monthly period for which no billing history exists.
(3) 
A customer may appeal an allocation established hereunder to the city council.
(Ordinance adopted 4/20/15, sec. X)
During any period when pro rata allocation of available water supplies is in effect, customers shall pay the following surcharges on excess usage:
(1) 
1.5 times the normal water rate for water in excess of the monthly allocation up through five percent (5%) above the monthly allocation.
(2) 
2 times the normal water rate in excess of the monthly allocation from five percent (5%) through 10 percent (10%) above the monthly allocation.
(3) 
2.5 times the normal water rate in excess of the monthly allocation from ten percent (10%) through fifteen percent (15%) above the monthly allocation.
(4) 
3.5 times the normal water rate in excess of the monthly allocation more than fifteen (15%) above the monthly allocation.
(5) 
The above surcharges will be cumulative.
(Ordinance adopted 4/20/15, sec. XI)
(a) 
The DPW, or his/her designee, may, in writing, grant temporary variance to the pro rata water allocation policies provided by this plan if it is determined that failure to grant such a variance would cause an emergency condition adversely affecting public health, welfare or safety or 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) 
Compliance with this plan will have a disparate or more punitive effect on a commercial entity due to the nature of the business.
(3) 
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 secretary within five (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.
(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 the petitioner complies with this plan.
(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 the 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 adopted 4/20/15, sec. XII)