(a)
The city hereby adopts a water conservation policy and drought contingency
plan (the “plan”) as contained in this division.
(b)
The mayor is hereby authorized to declare the existence of the trigger
conditions for mild and moderate conditions, as detailed in the plan,
to initiate the measures prescribed for such conditions, and to terminate
the conditions when the emergency has ended. Further, the mayor is
hereby authorized to declare the existence of the trigger conditions
for severe conditions and critical emergency conditions, as detailed
in the plan, and to initiate the appropriate actions prescribed for
such conditions, and to terminate the conditions when the emergency
has ended.
(c)
When the mayor has made a determination that the conditions of a
water emergency exist, the mayor may order that the emergency measures
set forth in the plan be implemented. To be effective, the order must
be published in a newspaper of general circulation in the city within
twenty-four (24) hours, or persons must be notified by flyer or in
person.
(d)
A person commits an offense if he/she makes, causes or permits a
use of water contrary to the measures implemented by the mayor as
prescribed in the plan. For purposes of this section, it is presumed
that a person has made, caused or permitted a use of water contrary
to the measures implemented if the mandatory measures have been formally
ordered consistent with the plan and:
(e)
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this division shall be fined for each offense as provided in section 1.01.009 of this code. Each day that a violation is permitted to exist shall constitute a separate offense.
(Ordinance 148-A, secs. 1–4,
7, adopted 12/14/99)
The mayor, or his/her designee, is hereby authorized and directed
to implement the applicable provisions of this plan upon notification
by the City of Fort Worth, or other determination, that such implementation
is necessary to protect public health, safety and welfare. The mayor,
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 148-A, exhibit A, sec.
1, adopted 12/14/99)
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 other legal entities.
The city shall apply all restrictions required by the City of Fort
Worth pursuant to its wholesale water contract.
(Ordinance 148-A, exhibit A, sec.
2, adopted 12/14/99)
(a)
Monitoring.
All relevant components of the city water
system will be monitored to ensure timely response to water situations.
The TRWD will monitor water supply and raw water delivery trends and
potential system constraints. The water department, through the director
of the Fort Worth water department, will monitor the supply, treatment
and distribution system trends and potential constraints. Should trends
show that any system is approaching trigger levels, more detailed
monitoring will be implemented. At a minimum, during noncritical water
supply periods, the monitoring and trending will take place monthly.
During critical water supply periods the monitoring and trending will
take place at least weekly and may be monitored even more frequently.
(b)
Initiation of drought response.
When emergency or trigger
conditions occur, the mayor, or his/her designee, may order the appropriate
stage of the plan. Notification of the public will occur as required.
The city is supplied water by the City of Fort Worth. When notified
by telephone, letter or facsimile transmission as each drought trigger
condition is reached, expected reduction in use required by the city
will be ordered by the mayor.
(c)
Termination of drought response.
Termination of the
drought measure will be announced through the media when the trigger
conditions which initiated the drought measure have subsided and an
emergency situation no longer exists.
(Ordinance 148-A, exhibit A, sec.
4, adopted 12/14/99)
(a)
Stage 1, Water Awareness.
(1)
Triggering criteria.
(A)
Water storage in the TRWD West Fork reservoirs is projected to decline
to less than 295,670 acre-feet (50% of capacity) within 2 weeks, based
upon projected water demands and inflows;
(B)
Water storage in the TRWD reservoirs has declined to 1,426,752 acre-feet
(60% of capacity);
(C)
Demand for Fort Worth or TRWD exceeds 90% of deliverable capacity
for 3 consecutive days; or
(D)
Water demand approaches a reduced delivery capacity for all or part
of the system due to supply or production capacity limitations, including
contamination of the system.
(2)
Actions available.
(Applied locally or to all customers,
as necessary; some or all may be initiated.)
(A)
The mayor or his/her designee requests voluntary reductions in water
use.
(B)
Accelerate public information efforts to teach and encourage reduced
water use.
(C)
Staff will begin a review of the problems that initiated Stage 1
actions.
(D)
Notify major water users and work with them to achieve voluntary
water use reduction.
(E)
Prohibit city government use of water for street washing, vehicle
washing, operation of ornamental fountains and all other nonessential
use.
(F)
Request a reduction in landscape watering by city government.
(G)
Request no landscape watering between 10:00 a.m. and 7:00 p.m.
(H)
Determine the effect on wholesale customers and notify them of impact.
Voluntary measures will remain in effect until the conditions
that triggered Stage 1 have been alleviated. If Stage 1 is initiated
because of excessive demands, all initiated actions will remain in
effect through September 30 or until the mayor determines that these
measures are no longer required.
(b)
Stage 2, Water Watch.
(1)
Triggering criteria.
(A)
TRWD demands exceed East Texas delivery system capacity for a 24-hour
period;
(B)
Water storage in TRWD reservoirs has declined to 50% of capacity;
(C)
Demand exceeds 95% of deliverable capacity for 2 consecutive days;
or
(D)
Water demand equals a reduced delivery capacity for all or part of
the system due to supply or production capacity limitations, including
contamination of the system.
(2)
Actions available.
(Applied locally or to all customers,
as necessary; some or all may be initiated.)
(A)
Initiate engineering studies to evaluate alternatives should conditions
worsen.
(B)
Continue public information efforts regarding water supply conditions
and conservation efforts.
(D)
(i)
Limit landscape watering at each service address to once every
five days based on the last digit of the address per the schedule
below:
|
Last Digit of Address
|
Allowed Water Dates
|
|---|---|
|
0 or 5
|
5, 10, 15, 20, 25, 30
|
|
1 or 6
|
1, 6, 11, 16, 21, 26
|
|
2 or 7
|
2, 7, 12, 17, 22, 27
|
|
3 or 8
|
3, 8, 13, 18, 23, 28
|
|
4 or 9
|
4, 9, 14, 19, 24, 29
|
(ii)
Require the public not to water between the hours of 10:00 a.m.
and 7:00 p.m. for efficient use of irrigation water.
(iii)
No watering will be allowed on the 31st. The lowest address
number will identify apartments, office building complexes or other
property containing multiple addresses. Where there are no numbers,
a number will be assigned by the director. These restrictions also
apply to government facilities.
(iv)
Exceptions: Foundations, azaleas, and new plantings (first year)
of trees and shrubs may be watered with a handheld or soaker hose
on any day for up to two hours; nurseries may water plant stock only
without restrictions; public gardens may water without restrictions;
golf courses may water greens and tee boxes without restrictions.
Other areas, including fairways, must adhere to the five-day rotational
watering schedule based on their address. Handheld watering by hose
with automatic shutoff valve or by bucket may be done on any day.
Restrictions do not apply to any location using groundwater or wastewater
effluent for irrigation.
(E)
Require a reduction by local governments of nonessential water use
and a reduction in landscape watering.
(F)
Encourage people to wait until the emergency water situation has
passed to establish new landscaping.
(G)
Prohibit draining and refilling of existing pools and filling of
new pools. Existing commercial, public and private swimming pools
that are filled may add water to replace that lost during daily use.
All initiated measures will remain in effect until the conditions
that triggered Stage 2 have been alleviated. If Stage 2 is initiated
because of excessive demands, all initiated actions will remain in
effect through September 30, or until the mayor determines that these
measures are no longer required.
(c)
Stage 3, Water Warning.
(1)
Triggering criteria.
(A)
Water storage in TRWD reservoirs has declined to 25% of capacity;
(B)
Demand exceeds 95% of deliverable capacity for 5 consecutive days;
or
(C)
Water demand exceeds a reduced delivery capacity for all or part
of the system due to supply or production capacity limitations, including
contamination of the system.
(2)
Actions available.
(Applied locally or to all customers,
as necessary; some or all may be initiated.)
(A)
Implement recommended engineering alternatives.
(B)
Continue implementation of all restrictions from previous stages.
(C)
Prohibit residential or commercial landscape watering and car washing
between the hours of 10:00 a.m. and 7:00 p.m.
(D)
Foundations, shrubs and trees may be watered with a soaker or handheld
hose on the same five-day rotational basis as landscapes for up to
two hours.
(E)
Golf courses using treated water for grounds watering must adhere
to the following schedule: Greens and tee boxes may be watered, but
not between the hours of 10:00 a.m. and 7:00 p.m. Other areas, including
fairways, must adhere to the five-day rotational watering schedule
listed in Stage 2 based on their address.
(F)
Public gardens may water, but not between the hours of 10:00 a.m.
and 7:00 p.m.
(G)
Nurseries may water plant stock, but not between the hours of 10:00
a.m. and 7:00 p.m.
(H)
No new landscaping may be established during this period.
(I)
No refilling of private pools. Commercial and public pools may refill.
|
All initiated actions will remain in effect until the conditions
that triggered Stage 3 have been alleviated. If Stage 3 is initiated
because of excessive demands, all initiated actions will remain in
effect through September 30, or until the mayor determines that these
measures are no longer required.
|
(d)
Stage 4, Water Emergency.
(1)
Triggering criteria.
(A)
Water storage in TRWD reservoirs has declined to 20% of capacity;
(B)
Demand exceeds 100% of deliverable capacity for 2 consecutive days;
or
(C)
Water demand seriously exceeds a reduced delivery capacity for all
or part of the system due to supply or production capacity limitations,
including contamination of the system.
(2)
Actions available.
(Applied locally or to all customers,
as necessary; some or all may be initiated.)
(A)
Continue implementation of all restrictions from previous stages.
(B)
Prohibit residential and commercial landscape watering, including
golf courses, with the following exceptions:
(i)
Nursery plant stock may be watered, but not between the hours
of 10:00 a.m. and 7:00 p.m. All watering must adhere to the 5-day
landscape watering schedule in Stage 2.
(ii)
Public gardens may water, but not between the hours of 10:00
a.m. and 7:00 p.m. All watering must adhere to the 5-day landscape
watering schedule in Stage 2.
(iii)
Golf course greens and tee boxes may be watered, but not between
the hours of 10:00 a.m. and 7:00 p.m. All watering must adhere to
the 5-day landscape watering schedule in Stage 2.
(iv)
Foundations may be watered for a two-hour period, but not between
the hours of 10:00 a.m. and 7:00 p.m. All watering must adhere to
the 5-day landscape watering schedule in Stage 2, and must be done
with a soaker hose or a handheld hose with an automatic shutoff valve.
(v)
Any location using groundwater or wastewater effluent for irrigation.
(C)
Any and all washing of vehicles is prohibited, except vehicles that
need to be washed for health, sanitation, or safety reasons, such
as food carriers. Any vehicle washing must occur at a commercial carwash
or commercial service station with a recirculating water system.
(D)
No new landscaping may be established during this period.
(E)
No refilling of private pools. Commercial and public pools may refill
water lost to normal daily use.
(F)
All commercial water uses may be required to reduce water consumption
by a percentage determined by the director.
|
All initiated actions will remain in effect until the conditions
that triggered Stage 4 have been alleviated. If Stage 4 is initiated
because of excessive demands, all initiated actions will remain in
effect through September 30, or until the mayor determines that these
measures are no longer required.
|
(Ordinance 148-A, exhibit A, sec.
5, adopted 12/14/99)
(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 an amount in excess of that permitted by the drought
response stage in effect at the time pursuant to action taken by the
mayor, or his/her designee, in accordance with provisions of this
plan.
(b)
Each day that one or more of the provisions of this plan are violated
shall constitute a separate offense. If a person is convicted of three
or more distinct violations of this plan, the mayor shall, upon due
notice to the customer, be authorized to discontinue water service
to the premises where the violations occur. Services discontinued
under such circumstances shall be restored only upon payment of a
reconnection charge and any other costs incurred by the city in discontinuing
service. In addition, suitable assurance must be given to the mayor
that the same action will 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 the 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 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 the property
within the parent’s 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, police officer, or other employee designated
by the mayor may issue a citation to a person he/she reasonably believes
to be in violation of this plan. The citation shall be prepared in
duplicate and shall contain the name and address of the alleged violator,
if known, and the offense charged, and shall direct him/her to appear
in the municipal court on the date shown on the citation.
(Ordinance 148-A, exhibit A, sec.
6, adopted 12/14/99)
(a)
The mayor or his/her designee may, in writing, grant temporary variances
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:
(b)
Persons requesting an exemption from the provisions of this plan
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 mayor, or his
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(s) 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 the petitioner complies with this plan;
(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; and
(8)
Other pertinent information.
(c)
Variances granted by the city shall be subject to the following conditions,
unless waived or modified by the director:
(d)
No variance shall be retroactive or otherwise justify any violation
of the plan occurring prior to the issuance of the variance.
(Ordinance 148-A, exhibit A, sec.
7, adopted 12/14/99)
