(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:
-Image-1.tif
(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 manager.
The chief administrative officer of the city.
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.
Lake, lagoon or pond.
Artificially created body of fresh or salt water.
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.
Power pressure washer (high-efficiency).
A machine that uses water or a water-based product applied at 1500 pounds per square inch (PSI) or greater.
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.
Restrictions.
Limits how and when water may be used.
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.
Structural foundation.
The lowest and supporting layer of a structure.
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:
1. 
`A broken head;
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).
(B) 
Purpose of water use.
(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)