(a)
(1) 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.
(2) The water supplies upon which we depend on are not endless resources.
For one thing, drought conditions are a part of life here in North
Texas. Droughts are unpredictable and have a direct impact on our
water resources. Without rainfall and runoff, water supply reservoirs
are depleted faster than they are replenished. In addition, the number
of people living in our region is expected to double in the next 50
years. That means the demand for water will certainly rise - and meeting
that need will be a challenge.
(3) Growing population and economic development in North Texas has led
to an increase in demands for water supplies. At the same time, local
and less expensive sources of water supply are largely developed.
In planning and developing new water supplies, water conservation
strategies play a vital role in meeting TRWD’s projected water
needs. The 2017 state water plan reports that 9 percent of future
water needs in region C will be met through municipal conservation.
Water conservation is the most cost-effective alternative for meeting
new water demands. Therefore, it is important that we use the water
we already have more efficiently.
(4) The water conservation sections of this plan include measures that
are intended to result in ongoing, long-term water savings. Emergency
response sections of this plan address strategies designed to temporarily
reduce water use in response to specific conditions. Over time, conserving
water on a daily basis:
(A) Extends the life of existing supplies to meet new water demands;
(B) Slows the drain on reservoirs making more water available during
times of drought;
(C) Reduces peak supply requirements, which reduces wear and tear on
existing infrastructure;
(D) Defers increases in capital and operating costs for existing systems;
and
(E) Delays the need for developing expensive, new water supplies.
(b) The objectives of this water management plan are as follows:
(1) To reduce water consumption from the levels that would prevail without
conservation efforts.
(2) To reduce the loss and waste of water.
(3) To improve efficiency in the use of water.
(4) To document the level of recycling and reuse in the water supply.
(5) To extend the life of current water supplies by reducing the rate
of growth in demand.
(c) There are additional water saving measures not specifically mentioned
in this plan. TRWD urges all water users to implement the highest
level of water saving measures that are feasible. It also encourages
all institutional, commercial and industrial entities to further their
conservation and reuse efforts to the maximum extent practicable.
(d) 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
13.07.039 of this plan.
(e) The city has and will continue to implement an in-house water conservation
program with the following efforts:
(1) Wherever possible, landscapes will use native or adapted drought
tolerant plants, trees and shrubs.
(2) Irrigation at city facilities will occur before 10:00 a.m. and after
6:00 p.m. yearround in order to lower losses due to evaporation.
(3) Irrigation will be limited to the amount needed to promote survival
and health of plants and lawns.
(4) Irrigation will be avoided on Saturday and Sunday if possible, since
these are periods of high water use by the public.
(Ordinance 1311-2021 adopted 5/11/21)
(a) 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 measures
to be implemented in each stage. This information will be provided
by the water department office through ongoing programs designed to
reach a wide variety of customers. These ongoing programs include
public outreach to schools, civic groups, and other adult and child
groups. The water department office will distribute conservation and
drought response brochures, and provide them to the general public.
The water department will also use the city website to educate the
public on conservation, drought response, as well as other topics
affecting water use practices.
(b) At any time this plan is initiated or terminated, the water department
director or his/her designee shall notify the public by means of publication
in a newspaper of general circulation, publication on the city’s
website, signs posted in public places, and take-home fliers at schools.
Additionally, the water department director or his/her designee shall
directly notify the mayor and members of the city council, the fire
chief, the police chief, major water users, and any critical water
users (i.e., hospitals).
(Ordinance 1311-2021 adopted 5/11/21)
The service area of the city is located within region C water
planning group. A copy of the plan has been submitted to the region
C group. This plan includes all the elements required by TCEQ. Some
elements go beyond TCEQ requirements. As a customer of the Tarrant
Regional Water District (TRWD) the city wishes to adjust elements
of this plan in coordination with TRWD and provide TRWD, Texas Commission
on Environmental Quality (TCEQ) and the Texas Water Development Board
(TWDB) with a copy of this plan.
Mapping:
(Ordinance 1311-2021 adopted 5/11/21)
The city secretary 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 1311-2021 adopted 5/11/21)
The provisions of this plan shall apply to all persons, customers,
and property utilizing water provided retail by the city. The terms
“person” and “customer” as used in the plan
include individuals, corporations, partnerships, associations, and
all other legal entities.
(Ordinance 1311-2021 adopted 5/11/21)
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.
Alternative water source.
Water produced by a source other than a water treatment plant
and is not considered potable. These sources can include but are not
limited to: reclaimed/recycled water, collected rain water, collected
grey water, private well water.
Athletic field.
A sports playing field, the essential feature of which is
turf grass, used primarily for organized sports for schools, professional
sports, or sanctioned league play.
Automatic irrigation system.
A site-specific system of delivering water generally for
landscaping via a system of pipes or other conduits installed below
ground that automatically cycles water use through water emitters
to a preset program, whether on a designated timer or through manual
operation.
Aquatic life.
A vertebrate organism dependent upon an aquatic environment
to sustain its life.
City.
City of River Oaks, a home rule city acting under its charter adopted by the electorate pursuant to article
XI, section 5 of the Texas Constitution and chapter
9 of the Local Government Code; and [sic]
City secretary.
The city secretary shall be appointed by the city manager
and perform the duties required by the city council, city manager
and those duties required by law.
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 the city.
Director.
The public works director or his/her duly authorized designee
responsible for city’s water.
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.
Drip irrigation.
An irrigation system (drip, porous pipe, etc.) that applies
water at a predetermined controlled low-flow levels directly to the
roots of the plant.
Drought.
Generally, a lack of adequate water to supply needs or replenish
supplies used.
Drought contingency plan.
A strategy or combination of strategies for temporary supply
management and demand management responses to temporary or potentially
recurring water supply shortages and other water supply emergencies.
Fountain.
An artificially created jet, stream or flow of water, a structure,
often decorative, from which a jet, stream or flow of water issues.
Golf course.
An irrigated and landscaped playing area made up of greens,
tees, fairways, roughs and related areas used for the playing of golf.
Hand-held hose.
A hose physically held by one person, fitted with a manual
or automatic shutoff nozzle.
Hose-end sprinkler.
A device through which water flows from a hose to a sprinkler
to water any lawn or landscape.
Hosing.
To spray, water, or wash with a water hose.
Irrigation system.
A system of fixed pipes and water emitters that apply water
to landscape plants or turfgrass, including, but not limited to: in-ground
and permanent irrigation systems.
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.
New landscape.
A landscape:
(1)
Installed during construction of a new house, multifamily dwelling,
or commercial building;
(2)
Installed as part of a governmental entity’s capital improvement
project; or alters more than one-third the area of an existing landscape.
Mayor.
The mayor is the recognized head of the city government for
all ceremonial purposes and by the governor for purposes of military
law, but has no regular administrative duties.
Nonessential water use.
Water uses that are not essential or 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 by 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 the 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.
Park.
A nonresidential or multifamily tract of land, other than
a golf course, maintained by a city, private organization, or individual,
as a place of beauty or public recreation and available for use to
the general public.
Person.
Any person, entity, firm, partnership, association, corporation,
company or organization of any kind.
Power pressure washer.
A machine that uses water or a water-based product applied
at high pressure to clean impervious surfaces.
Public works director.
The person appointed by the city council that shall have
supervision over all matters pertaining to enforcement of regulations
of building and zoning, garbage disposal, streets, alleys, gutters,
sidewalks, water system, sewer system, sewage disposal facilities,
parks and playgrounds.
Rationing.
Limits the amount of water that can be used.
Reclaimed water.
Municipal wastewater effluent that is given additional treatment
and distributed for reuse in certain applications. Also referred to
as recycled water.
Soaker hose.
A flexible hose that is designed to slowly emit water across
the entire length and connect directly to a flexible hose or spigot.
Does not include hose that by design or use sends a fine spray in
the air. It is not considered drip irrigation.
Swimming pool.
Any structure, basin, chamber, or tank including hot tubs,
containing an artificial body of water for swimming, diving, or recreational
bathing, and having a depth of two (2) feet or more at any point.
Water.
Water taken from any city public water supply or distribution
system, potable or nonpotable, and means either raw or potable water
delivered to all water connections served by the city whether in the
city limits or outside the city limits.
Well water.
Water that has been, or is, obtained from the ground by digging,
boring, or drilling to access an underground aquifer.
(Ordinance 1311-2021 adopted 5/11/21)
(a) Initiation of drought response stage.
(1) The public works director after consultation with the city manager
may order the implementation of a drought response stage or water
emergency when one or more water supply trigger conditions is met.
The following actions will be taken when a drought stage is initiated:
(A) The public will be notified through local media, email or through
the city’s emergency alert notification system that provides
details of the reasons for initiation of the drought stage.
(B) If any mandatory provisions of the drought contingency plan are activated,
the city will notify TCEQ within five business days.
(2) Notwithstanding the foregoing, the public works director may decide,
under special circumstances, not to order the implementation of a
drought response stage or water emergency even though one or more
of the trigger criteria for the stage are met. Factors which could
influence such a decision include, but are not limited to, the time
of year, weather conditions, the anticipation of replenished water
supplies, or the anticipation that additional facilities will become
available to meet needs.
(3) The trigger conditions in this plan pertaining to TRWD’s system
volume were established following an intensive study of the North
Texas climate and its impact on water supplies by hydrosphere, an
engineering firm based in Boulder, Colorado. The 2007 study projected
the effects of simulated weather patterns on the combined storage
capacity of TRWD reservoirs. Using computer simulations, Hydrosphere
compared the water savings that would be achieved at various trigger
points with and without outdoor watering restrictions in place. Under
severe drought conditions, the estimated water savings that would
be achieved by implementing this plan would extend water supplies
by several weeks.
(b) Termination of a drought stage.
(1) The public works director with approval from the city manager will
order the termination of a drought response stage or water emergency
when the conditions for termination are met. The following actions
will be taken when a drought stage is terminated:
(A) The public will be notified through local media, email or through
the city’s emergency alert notification system that provides
details of the reasons for initiation of the drought stage.
(B) If any mandatory provisions of the drought contingency plan are activated,
the city will notify TCEQ within five business days.
(2) Notwithstanding the foregoing, the public works director with approval
from the city manager may decide, under special circumstances, not
to order the termination of a drought response stage or water emergency
even though conditions for termination of the stage are met. Factors
which could influence such a decision include, but are not limited
to, the time of year, weather conditions, or the anticipation of potential
changes in conditions that warrant the continuation of the drought
stage.
(c) 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 director of the city water department
will monitor supply, treatment and distribution system trend and potential
complaints. 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.
(Ordinance 1311-2021 adopted 5/11/21)
(a) Stage 1, Water watch.
(1) Triggering and terminating conditions.
(A) Total combined raw water supply in TRWD water supply reservoirs (Bridgeport,
Eagle Mountain, Richland Chambers and Cedar Creek) drops below 75%
(25% depleted) of conservation storage capacity.
(B) Water demand for all or part of the delivery system approaches delivery
capacity because delivery capacity is inadequate.
(C) One or more of the city’s or TRWD’s water supply sources
has become limited in availability.
(D) Water demand is projected to approach the limit of permitted supply.
(E) Supply source becomes contaminated or unusable for other regulatory
reasons (i.e., invasive species).
(F) Water supply system is unable to deliver water due to the failure
or damage of major water system components.
(G) The public works director finds that conditions warrant the declaration
of a stage 1 drought.
(2) Terminating conditions.
Subject to preceding subsections
regarding the termination of a drought response stage, stage 1, water
watch, will be terminated when the total combined raw water supply
in TRWD’s West Fork and East Texas reservoirs exceeds 95% of
conservation storage or remains above 85% for 90 consecutive days,
whichever occurs first.
(3) Goal for use reduction.
The goal for water use reduction
under stage 1, water watch, is to decrease use by five percent. If
circumstances warrant, the public works director can set a goal for
greater water use reduction.
(4) Water use reduction actions under stage 1, water watch.
(A) The public works director may order the implementation of any of
the actions listed below, as deemed necessary. Measures imposing mandatory
requirements on customers require notification to TCEQ. The city must
notify TCEQ within five business days if any mandatory measures are
implemented.
(B) Require customers (including indirect customers) to initiate stage
1 in their drought contingency plans. Indirect customers include any
outside city customers who are connected the city water system.
(5) All water users.
(A) Maximum of twice per week watering for hose-end sprinklers and automatic
irrigation systems based on odd/even addresses and day of week schedule.
(B) Stage 1, water watch, outdoor watering schedules:
(i)
Monday.
No outdoor watering; water system recovery
day.
(ii)
Tuesday and Friday.
Nonresidential sites; apartments,
parks, common areas, HOA’s, businesses.
(iii)
Wednesday and Saturday.
Residential addresses
ending in even numbers; 0, 2, 4, 6, 8.
(iv)
Thursday and Sunday.
Residential addresses ending
in odd numbers; 1, 3, 5, 7, 9.
(C) Exceptions:
(i)
Watering with a handheld hose, soaker hose or drip irrigation
may occur any day and any time.
(ii)
Watering of trees and structural foundations may occur any day
and any time by means of handheld hose, soaker hose, or drip irrigation.
(iii)
The use of water necessary to protect the health, safety, or
welfare of the public.
(iv)
Water use necessary for the repair of an irrigation system,
plumbing line, fountain, etc. in the presence of person making repair.
(v)
Variances may be available through the city for the following:
a.
Establishing new turfgrass and/or landscaping. Variances granted
for establishing new turfgrass or landscaping will be for a maximum
of 30 days from the date of approval then maximum of twice per week
watering schedule applies.
b.
Variances do not apply to the installation (over seeding) of
cool season grasses.
c.
Outdoor watering at addresses with large multi-station irrigation
systems may take place in accordance with a variance granted by the
city, if the public works director determines that a property cannot
be completely irrigated under the twice per week schedule. Under such
variance, no irrigation station will be allowed to water more than
twice per week.
d.
Areas open to the public and have high impact from frequent
use may be allowed additional watering with a variance granted by
the city if it is deemed to be beneficial to serve and protect the
community facility or amenity.
e.
Restrictions do not apply to locations using well water, reclaimed
water, or other alternative water sources.
(vi)
No watering with hose-end sprinklers and/or automatic spray
irrigation systems between the hours of 10:00 a.m. and 6:00 p.m.
(vii)
Prohibit using water in such a manner as to allow runoff or
other waste, including:
a.
Failure to repair a controllable leak, including, broken sprinkler
heads, leaking valves, leaking or broken pipes or faucets;
b.
Operating an irrigation system with:
2.
A head that is out of adjustment and spraying into the street,
parking area, or sidewalk; or
3.
A system that is misting/fogging due to excessive water pressure;
or
c.
Allowing any water to:
1.
Run off property forming a stream of water for a distance of
50 feet or greater;
2.
Run into a storm drain; or
3.
Pond to a depth of 1/4 inch or greater; or
d.
Allowing or causing an irrigation system or other lawn watering
device to operate during any form of precipitation or when temperatures
are at or below 32 degrees Fahrenheit.
(viii) All users are encouraged to use native and adapted
drought tolerant plants in landscaping.
(ix)
Discourage hosing of paved areas.
(x)
Discourage hosing of buildings or other structures for purposes
other than fire protection or surface preparation prior to painting
or maintenance.
(xi)
Washing of any motor vehicle, motorbike, boat, trailer, airplane,
or other vehicle shall be limited to the use of a hand-held bucket
or a hand-held hose equipped with a positive-pressure shutoff nozzle
for quick rinses. Vehicle washing may be done at any time on the premises
of a commercial carwash or commercial service station. Companies with
automated on-site vehicle washing facilities may wash its vehicles
at any time.
(xii)
Discourage the filling, draining, or refilling of swimming pools,
wading pools, hot tubs and Jacuzzi-type pools except to maintain adequate
water levels for structural integrity, proper operation and maintenance,
and/or to alleviate an issue that poses a public safety risk.
(6) City and local governments.
(A) Review conditions and problems that caused stage 1. Take corrective
action.
(B) Increase public education efforts on ways to reduce water use.
(C) Increase enforcement efforts.
(D) Intensify leak detection and repair efforts.
(E) Audit all city and local government irrigation systems to ensure
proper condition, settings, and operation.
(F) Identify and encourage voluntary reduction measures by high-volume
water users through water use audits.
(G) Landscape watering of municipal parks, golf courses and athletic
fields is restricted to a twice per week watering schedule; or twice
per week per irrigation station if a variance is granted by the water
district. (See exceptions to outdoor watering restrictions in all
water users category above for facilities with large multi-station
irrigation systems.)
(H) Exceptions:
(i)
Golf courses may water greens and tee boxes as necessary, however,
use of spray irrigation may not be done between 10:00 a.m. and 6:00
p.m. Encouraged to reduce water use by five percent.
(ii)
Watering of athletic fields (field only, does not include surrounding
landscaped areas) used for organized sports practice, competition,
or exhibition events may occur as necessary to protect the health
and safety of the players, staff, or officials present for athletic
events. Encouraged to reduce water use by five percent.
(I) Reduce nonessential water use. As used herein, nonessential water
uses are those that do not have a health or safety impact and are
not needed to meet the core function of the agency.
(J) Notify outside city customers that are connected to the city water
system of actions being taken and request them to implement the same
drought stage and measures.
(7) Commercial or industrial.
(A) All actions listed above for all water users apply to commercial
and industrial users.
(B) Landscape watering of parks, golf courses and athletic fields is
restricted to the twice per week watering schedule; or twice per week
per irrigation station if a variance is granted by the water provider.
(See exceptions to outdoor watering restrictions in all water users
category above for facilities with large multi-station irrigation
systems.)
(C) Exceptions:
(i)
Golf courses may water greens and tee boxes as necessary, however,
use of spray irrigation may not be done between 10:00 a.m. and 6:00
p.m. Encouraged to reduce water use by five percent.
(ii)
Watering of athletic fields (field only, does not include surrounding
landscaped areas) used for organized sports practice, competition,
or exhibition events may occur as necessary to protect the health
and safety of the players, staff, or officials present for athletic
events. Encouraged to reduce water use by 5 five percent.
(D) Stock at commercial plant nurseries is exempt from stage 1 watering
restrictions.
(E) Hotels, restaurants, and bars are encouraged to serve drinking water
to patrons per request only.
(F) Hotels are encouraged to implement laundry conservation measures
by encouraging patrons to reuse linens and towels.
(G) Carwash facilities must keep equipment in good working order, which
should include regular inspections to be sure there are no leaks,
broken or misdirected nozzles, and that all equipment is operating
efficiently.
(H) All commercial and industrial customers are encouraged to audit irrigation
systems to ensure proper condition, settings, and operation. If irrigation
audit or repair occurs during restricted watering times or days, a
sign indicating such work is taking place must be placed in public
view until job is completed.
(b) Stage 2, Water warning.
(1) Triggering and terminating conditions.
(A) Total raw water supply in TRWD water supply reservoirs (Bridgeport,
Eagle Mountain, Richland Chambers and Cedar Creek) drops below 60%
(40% depleted) of conservation storage capacity.
(B) Water demand for all or part of the delivery system approaches delivery
capacity because delivery capacity is inadequate.
(C) One or more of the city’s or TRWD’s water supply sources
has become limited in availability.
(D) Water demand is projected to approach the limit of permitted supply.
(E) Supply source becomes contaminated or unusable for other regulatory
reasons (i.e. invasive species).
(F) Water supply system is unable to deliver water due to the failure
or damage of major water system components.
(G) The public works director with approval from the city manager finds
that conditions warrant the declaration of a stage 2 drought.
(2) Terminating conditions.
Subject to preceding subsections
regarding the termination of a drought response stage, stage 2, water
warning, will be terminated when the total combined raw water supply
in TRWD’s West Fork and East Texas reservoirs exceeds 75% of
conservation storage or remains at or above 70% for 30 consecutive
days, whichever occurs first.
(3) Goal for use reduction.
The goal for water use reduction
under stage 2, water warning, is to decrease use by 10 percent. If
circumstances warrant, the public works director can set a goal for
greater water use reduction.
(4) Water use reduction actions under stage 2, water warning.
The public works director may order the implementation of any of
the actions listed below, as deemed necessary. Measures imposing mandatory
requirements on customers require notification to TCEQ. The city must
notify TCEQ within five business days if any mandatory measures are
implemented.
(A) Continue actions under stage 1.
(B) Require customers (including indirect customers) to initiate stage
2 in their drought contingency plans. Indirect customers include any
outside city customers that are connected to the city water system.
(C) Initiate engineering studies to evaluate water supply alternatives
should conditions worsen.
(5) All water users.
(A) Maximum of once per week watering for hose-end sprinklers and automatic
irrigation systems at each service address.
(B) An effort will be made by the city and its primary customers to coordinate
once per week watering schedules to simplify messages passed to customers
through the news media and/or emergency alert notification system.
(C) Exceptions:
(i)
Watering with a handheld hose, soaker hose or drip irrigation
may occur any day and any time.
(ii)
Watering of trees and structural foundations may occur any day
and any time by means of handheld hose, soaker hose, or drip irrigation.
(iii)
Variances may be available through the city for the following:
a.
All users are encouraged to wait until the current drought or
emergency situation has passed before establishing new landscaping.
Variances granted for establishing new turfgrass or landscaping will
be for a maximum of 30 days from the date of approval then maximum
of once-per-week watering schedule applies.
b.
Variances do not apply to the installation (over seeding) of
cool season grasses.
c.
Outdoor watering at addresses with large multi-station irrigation
systems may take place in accordance with a variance granted by the
city, if the public works director determines that a property cannot
be completely irrigated under the once per week schedule. Under such
variance, no irrigation station will be allowed to water more than
once per week.
d.
Areas open to the public and have high impact from frequent
use may be allowed additional watering with a variance granted by
the city if it is deemed to be beneficial to serve and protect the
community facility or amenity.
e.
Restrictions do not apply to well water, reclaimed water, or
other alternative water sources.
(iv)
Encourage the use of covers for all types of pools, hot tubs,
and Jacuzzi type pools when not in use.
(6) City and local governments.
In addition to the actions
listed above:
(A) Continue actions under stage 1.
(B) Review conditions or problems that caused stage 2. Take corrective
action.
(C) Increase frequency of media releases on water supply conditions.
(D) Further accelerate public education efforts on ways to reduce water
use.
(E) Landscape watering of municipal parks, golf courses and athletic
fields is restricted to a once-per-week schedule; or once-per-week
per irrigation station if a variance is granted by the water provider.
(See stage 1 exceptions to outdoor watering restrictions in all water
users category for facilities with large multi-station irrigation
systems.)
(F) Exceptions:
(i)
Golf courses may water greens and tee boxes as necessary, however,
use of spray irrigation may not be done between 10:00 a.m. and 6:00
p.m. Encouraged to reduce water use by ten percent.
(ii)
Watering of athletic fields (field only, does not include surrounding
landscaped areas) used for organized sports practice, competition,
or exhibition events may occur as necessary to protect the health
and safety of the players, staff, or officials present for athletic
events. Encouraged to reduce water use by ten percent.
(G) Eliminate nonessential water use. As used herein, nonessential water
uses are those that do not have any health or safety impact and are
not needed to meet the core function of the agency.
(H) Notify outside city customers of actions being taken and request
them to implement the same drought stage and measures.
(7) Commercial or industrial.
(A) All actions listed above for all water users apply to commercial
and industrial users.
(B) Landscape watering of municipal parks, golf courses and athletic
fields is restricted to a once-per-week schedule; or once-per-week
per irrigation station if a variance is granted by the water provider.
(See stage 1 exceptions to outdoor watering restrictions in all water
users category for rules that apply to facilities with large multi-station
irrigation systems.)
(C) Exceptions:
(i)
Golf courses may water greens and tee boxes as necessary, however,
use of spray irrigation may not be done between 10:00 a.m. and 6:00
p.m. Encouraged to reduce water use by ten percent.
(ii)
Watering of athletic fields (field only, does not include surrounding
landscaped areas) used for organized sports practice, competition,
or exhibition events may occur as necessary to protect the health
and safety of the players, staff, or officials present for athletic
events. Encouraged to reduce water use by ten percent.
(c) Stage 3, Water emergency.
(1) Triggering and terminating conditions.
(A) Total raw water supply in TRWD water supply reservoirs (Bridgeport,
Eagle Mountain, Richland Chambers and Cedar Creek) drops below 45%
(55% depleted) of conservation storage capacity.
(B) Water demand exceeds the amount that can be delivered to customers.
(C) Water demand for all or part of the TRWD delivery system approaches
delivery capacity because delivery capacity is inadequate.
(D) One or more of the city’s or TRWD’s water supply sources
has become limited in availability.
(E) Water demand is projected to approach the limit of permitted supply.
(F) Supply source becomes contaminated or unusable for other regulatory
reasons (i.e., invasive species).
(G) Water supply system is unable to deliver water due to the failure
or damage of major water system components.
(H) The public works director finds that conditions warrant the declaration
of a stage 3 drought.
(2) Terminating conditions.
Subject to preceding subsections
regarding the termination of a drought response stage, stage 3, water
emergency, will be terminated when the total combined raw water supply
in TRWD’s West Fork and East Texas reservoirs exceeds 60% of
conservation storage or remains at or above 55% for 30 consecutive
days, whichever occurs first.
(3) Goal for use reduction.
The goal for water use reduction
under stage 3, water emergency, is to decrease use by 20 percent.
If circumstances warrant, the public works director can set a goal
for greater water use reduction.
(4) Actions available under stage 3, water emergency.
The
public works director can order the implementation of any of the actions
listed below, as deemed necessary. Measures imposing mandatory requirements
on customers require notification to TCEQ. The city must notify TCEQ
within five business days if these measures are implemented.
(A) Continue actions under stages 1 and 2.
(B) Require customers (including indirect customers) to initiate stage
3 in their drought contingency plans. Indirect customers include outside
city customers connected to the city water system.
(5) All water users.
(A) Prohibit all outdoor watering with hose-end sprinklers and automatic
irrigation systems, including at parks, golf courses, and sports fields.
(B) Exceptions:
(i)
Watering with hand-held hose, soaker hose or drip irrigation
system may occur any day and any time.
(ii)
Watering of trees and structural foundations may occur any day
and any time by means of handheld hose, soaker hose, or drip irrigation.
(iii)
Restrictions do not apply to well water, reclaimed water, or
other alternative water sources.
(iv)
Irrigation of new landscapes and/or turfgrass installations
is prohibited by means of automatic irrigation system or hose-end
sprinkler. Variances may be granted for those landscape projects started
prior to the initiation of stage 3 drought restrictions. However,
variances will not be granted for the irrigation of new landscape
and/or turfgrass installations after the initiation of stage 3 drought
restrictions.
(v)
Prohibit washing of paved areas by any means except where a
variance is granted to alleviate a possible public health and safety
risk. Any pressure/power washing activities must be performed by a
professional pressure/power washing service provider utilizing high
efficiency equipment and a vacuum recovery system where possible.
(vi)
Prohibit hosing of buildings or other structures for purposes
other than fire protection or surface preparation prior to painting
with high-pressure equipment. Services must be performed by a professional
pressure/power washing service provider utilizing high efficiency
equipment and a vacuum recovery system where possible.
(vii)
Vehicle washing is restricted to commercial carwashes, commercial
service stations, or professional washing services only. This includes
home and charity carwashing. The washing of garbage trucks and vehicles
used to transport food and/or other perishables may take place as
necessary for health, sanitation, or public safety reasons.
(viii) Prohibit permitting of private pools. Pools
already permitted may be completed and filled. Existing private and
public pools may add water to maintain pool levels but may not be
drained and refilled.
(ix)
Prohibit the operation of ornamental fountains or ponds that
use potable water except where necessary to support aquatic life or
water quality.
(6) City and local governments.
(A) Continue actions under stages 1 and 2.
(B) Review conditions or problems that caused stage 3. Take corrective
action.
(C) Increase frequency of media releases explaining emergency situation
and/or water supply conditions.
(D) Landscape watering at municipal parks, golf courses, and sports fields
is prohibited. Variances may be granted by the water provider under
special circumstances.
(E) Exceptions:
(i)
Golf course greens and tee boxes may be watered by hand as necessary.
(ii)
Variances may be available for watering of athletic fields (field
only, does not include surrounding landscaped areas) used for organized
sports practice, competition, or exhibition events to protect the
health and safety of the players, staff, or officials present for
the athletic event.
(iii)
Professional and college sports fields (playing fields with
a stadium only - not surrounding landscaping) may be watered as necessary
to maintain league standards.
(F) Institute a mandated reduction in deliveries to all wholesale customers.
Such a reduction will be distributed as required by Texas Water Code
section 11.039.
(G) If TRWD has imposed a reduction in water available to customers,
impose the same percent reduction on all water customers, both inside
and outside the city.
(7) Commercial or industrial.
(A) All actions listed above for all water users apply to commercial
and industrial users. Landscape watering of municipal parks, golf
courses and athletic fields is prohibited. Variances may be granted
by the water provider under special circumstances.
(B) Exceptions:
(i)
Golf course greens and tee boxes may be watered by hand, as
necessary.
(ii)
Variances may be available for watering of athletic fields (field
only, does not include surrounding landscaped areas) used for organized
sports practice, competition, or exhibition events to protect the
health and safety of the players, staff, or officials present for
the athletic event.
(C) Professional and college sports fields (playing fields with a stadium
only - not surrounding landscaping) may be watered as necessary to
maintain league standards.
(D) Require hotels, restaurant, and bars to serve drinking water to patrons
on an “on demand” basis.
(E) Require hotels to implement laundry conservation measures by encouraging
patrons to reuse linens and towels.
(F) Stock at commercial plant nursery may be watered by hand only with
a handheld hose, hand-held watering can, soaker hose, or drip irrigation
system.
(G) Commercial and industrial water users may be required to reduce water
use by a set percentage as determined by the water district.
(d) Procedure for curtailment of water supplies.
(1) Any mandatory reduction to deliveries from TRWD to its customers
shall be distributed as required by Texas Water Code section 11.039.
In addition, every wholesale water supply contract entered into or
renewed after adoption of this plan, including contract extensions,
shall include a provision that water will be distributed in accordance
with the Texas Water Code section 11.039 in case of a water shortage
resulting from drought. To the extent not prevented by enforcement
of provisions in the water district’s wholesale contracts in
effect before November 28, 1999, TRWD will implement pro rata curtailment
of water deliveries pursuant to Texas Water Code section 11.039.
(2) Procedure for granting variances to the plan.
The public
works director may grant temporary variances for existing water uses
otherwise prohibited under this drought contingency plan to a customer
if one or more of the following conditions are met:
(A) Failure to grant such a variance would cause an emergency condition
adversely affecting health, sanitation, or fire safety for the public
or the person requesting the variance.
(B) Compliance with this plan cannot be accomplished due to technical
or other limitations.
(C) Alternative methods that achieve the same level of reduction in water
use can be implemented.
(3) Variances shall be granted or denied at the discretion of the public
works director. 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 for a particular drought response stage have
been invoked. All petitions for variances shall be reviewed by the
director of the water department, or his designee, and shall include
the following:
(A) Name and address of petitioner(s).
(C) Specific provisions from which relief is requested.
(D) Detailed statement of the adverse effect of the provision from which
relief is requested.
(E) Description of the relief requested.
(F) Period of time for which the variance is sought.
(G) Alternative measures that will be taken to reduce water use.
(H) Other pertinent information.
(4) Variances granted by the city shall be subject to the following conditions,
unless waived or modified by the director of the water department:
(A) Variances granted shall include a timetable for compliance.
(B) Variances granted shall expire when the plan is no longer in effect,
unless the petitioner has failed to meet specified requirements.
(C) No variance shall be retroactive or otherwise justify any violation
of the plan occurring prior to the issuance of the variance.
(5) Mandatory water use restrictions may be imposed by TRWD.
(A) Water district customers (direct and indirect) shall provide TRWD
with an order, ordinance, or resolution to demonstrate adequate enforcement
provisions for the customer’s own drought contingency plan.
(B) Mandatory water use restrictions may be imposed in stage 1, stage
2, and stage 3 drought stages. These mandatory water use restrictions
will be enforced by warnings and penalties as follows:
(i)
On the first violation, the customer will be given a written
warning that they have violated one or more of the mandatory water
use restrictions.
(ii)
After a second violation, TRWD will notify the customer of its
intent to publish the name and contact phone numbers of any entity
in violation of this water conservation and drought contingency plan
in local print media and on its website. In addition, TRWD will require
the customer to implement a more comprehensive public education and
outreach program in a manner that increases the public’s awareness
about mandatory water use restrictions and the current drought status.
The customer will also be required to submit documentation to TRWD
of the steps it has taken to ensure compliance with this water conservation
and drought contingency plan within 90 days after receiving the second
notice of violation.
(iii)
TRWD may petition the state commission on environmental quality
to initiate formal enforcement action against customers that repeatedly
fail to comply with the mandatory water use restrictions implemented
during any stage of this water conservation and drought contingency
plan.
(e) Coordination with the regional water planning groups.
The city as the water purveyor in this plan will coordinate region
C water planning group with this water conservation and drought contingency
plan.
(Ordinance 1311-2021 adopted 5/11/21)
(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 provisions
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) Any person who violates this plan is guilty of a misdemeanor. 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 secretary 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 reconnection
charge, and any other costs incurred by the city in discontinuing
service. In addition, suitable assurance must be given to the city
secretary 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 city manager, 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, the offense charged and shall direct him/her to
appear in the municipal court, on the date shown on the citation.
(Ordinance 1311-2021 adopted 5/11/21)
(a) Any person who maintains or uses private water well for other than
domestic water use (such as landscape irrigation) is exempt from the
requirements, restrictions and limitations of the water management
stages of this plan. Individuals with private water wells are, however,
encouraged by the city to abide by the plan and its water conservation
goals in order to protect long-term water supplies.
(b) At any time this plan is initiated, to be entitled to such exemption,
any such person shall be required to post notice of such private water
well use. Each person shall pay for an appropriate sign, which will
be provided by the city, indicating a private water well supply. The
sign shall be placed in the yard in close proximity to the city’s
water meter indicating private water well use until such time as the
plan has been terminated.
(c) Private well owners must register their well and type of well with
the city inspection department.
(d) Failure to post the required sign or to register any private well
during stage 1 through stage 3 water management stages shall result
in the loss of the exemption from the landscaping water requirements.
(Ordinance 1311-2021 adopted 5/11/21)
“Water wasting” means to permit or cause water flow, spray, or otherwise move or discharge water from the premises to or upon the street, alley, or public right-of-way, ditch or drain, or failing to repair a leak in a private plumbing system or in an irrigation system within five (5) working days of the discovery or notification of such. Any violation of this section is punishable as set forth in section
13.07.001.
(Ordinance 1311-2021 adopted 5/11/21)
(a) Introduction.
(1) The purpose of this drought contingency plan is as follows:
(A) To conserve the available water supply in times of drought and emergency.
(B) To maintain supplies for domestic water use, sanitation, and fire
protection.
(C) To protect and preserve public health, welfare, and safety.
(D) To minimize the adverse impacts of water supply shortages.
(E) To minimize the adverse impacts of emergency water supply conditions.
(2) TRWD and its customer cities experienced stage 1 drought restrictions
from 2011– 2012 and 2013–2015. Fortunately, water supply
reservoirs have not dropped below 75% capacity since. With that experience,
the city has taken a more active role in educating the public about
the importance of reducing water waste and being prepared for the
next drought.
(b) State requirements for drought contingency plans.
This drought contingency plan is consistent with the state commission on environmental quality (TCEQ) guidelines and requirements for the development of drought contingency plans by wholesale water suppliers, contained in title 30, part 1, chapter 288, subchapter B, rule 288.22 of the Texas Administrative Code. This rule is included in appendix
B.
(c) Provisions to inform the public and opportunity for public input.
The city provided opportunity for public input in the development
of this drought contingency plan by the following means:
(1) The city will provide the draft plan to anyone requesting a copy.
(2) The proposed plan was posted to the city’s website (April 2021)
providing the public an opportunity to review and comment on the plan
in writing.
(3) Public comment is available at the meeting to be held before the
city council located at 4900 River Oaks Blvd in River Oaks, Texas
at 7:00 p.m. on Tuesday, May 10, 2021.
(d) Review and update of drought contingency plan.
As required
by TCEQ rules, the city will review this water plan every five years
thereafter after its adoption in 2021. The plan will be updated as
appropriate based on new or updated information.
(Ordinance 1311-2021 adopted 5/11/21)