In order to conserve the available water supply and/or to protect
the integrity of water supply facilities, with particular regard for
domestic water use, sanitation, and fire protection, and to protect
and preserve public health, welfare, and safety and minimize the adverse
impacts of water supply shortage or other water supply emergency conditions,
the city adopts the following drought contingency plan (the plan).
(Ordinance 315 adopted 5/30/15; Ordinance
369 adopted 1/19/2023)
Opportunity for the public and wholesale water customers to
provide input into the preparation of the plan was provided by the
city by means of public hearing.
(Ordinance 315 adopted 5/30/15; Ordinance
369 adopted 1/19/2023)
The city will periodically provide water customers (residential
and wholesale) with information about the contingency plan, including
information about the conditions under which each stage of the plan
is to be initiated or terminated and the drought response measures
to be implemented in each stage. This information will be provided
by means of newspaper articles and flyers.
(Ordinance 315 adopted 5/30/15; Ordinance
369 adopted 1/19/2023)
The water service of the city is located within the region B
planning commission planning area and the city has provided a copy
of the plan to the region B planning commission.
(Ordinance 315 adopted 5/30/15; Ordinance
369 adopted 1/19/2023)
The city manager, or his/her designee, is hereby authorized
and directed to implement the applicable provisions of this plan upon
determination that such implementation is necessary to protect public
health, safety, and welfare. The city manager, or his/her designee,
shall have the authority to initiate or terminate drought or other
water supply emergency response measures as described in this plan.
(Ordinance 315 adopted 5/30/15; Ordinance
369 adopted 1/19/2023)
The city manager shall declare that each “trigger level”
of the plan has been reached and that the water use restrictions for
each respective stage are in effect. The water restrictions will remain
in effect until the lake rises to a level that, when combined with
the long-term forecast, assures the city an adequate supply of water.
When an adequate supply of water is available, the city council, by
majority vote, and after consultation with the city manager, shall
announce the end to each respective stage of the restrictions.
(Ordinance 315 adopted 5/30/15; Ordinance
369 adopted 1/19/2023)
It shall be unlawful for any person, firm, corporation or other
entity, at any time of the year, to:
(1)
Run of any type of outdoor watering on any day of the week between
the hours of 11:00 a.m. and 6:00 p.m.
(2)
Run outside irrigation systems (including sprinklers, automatic sprinkler
systems and unattended hoses) except on the 3 days of the week permitted
for the area as identified on the water rationing zone map A[, an
official copy of which shall be kept on file in the office of the
city secretary]. Landscape watering is permitted any day, except between
restricted hours, with a handheld hose, soaker hose, bucket, watering
can, bubbler or drip irrigation system. A spray type irrigation system
may be used any time for the purposes of cooling golf course putting
surfaces when warranted by weather conditions and only with run cycles
of less than five minutes.
(3)
Wash any motor vehicle at any location other than a commercial carwash
or automotive shop unless the hose is equipped with a positive shutoff
nozzle. Such nozzle shall stop the flow of water through the hose
when released by the operator.
(4)
Install new irrigation systems unless they are designed by a licensed
professional recognized by the state to design such systems, and these
systems shall be designed so as to be water conserving. Each new system
shall utilize zonal irrigation, drip irrigation, subsurface irrigation
and other water conserving features as appropriate. When application
for the irrigation permit is made by other than a licensed irrigation
specialist or landscape architect, or the irrigation system is designed
by a licensed professional recognized by the state to design such
systems plans shall be made available to the city building officials.
(5)
Provide drinking water to customers of restaurants, bars, or clubs
unless the customer requests such water.
(Ordinance 315 adopted 5/30/15; Ordinance
369 adopted 1/19/2023)
(a)
Stage 1 - drought watch.
When the levels of Lake Arrowhead
and Kickapoo reach a capacity of 60-percent (or the demand exceeds
design treatment capacity for three days, or the demand equals 105-percent
of design treatment capacity), or the water supply system is unable
to deliver water due to mechanical failure or damage of major water
system components which will require more than 72 hours to repair
when dry weather conditions exist and continued dry weather are expected
over the course of the repair period a drought watch will be initiated.
The following actions shall occur under the direction of the city
manager with the goal of reducing the amount of water being used by
5 percent:
(2)
It shall be unlawful for any person, firm, corporation or other entity
to:
(A)
Run outside irrigation systems (including sprinklers, automatic sprinkler
systems and unattended hoses) except on the 2 days of the week permitted
for the area as identified on the water rationing zone map B, an official
copy of which shall be kept on file in the office of the city secretary;
except that landscape watering is permitted any day, except between
restricted hours, with a handheld hose, soaker hose, bucket (five
gallons or less), watering can, bubbler or drip irrigation system.
On days other than the days of the week permitted by the water rationing
zone map, testing and troubleshooting of irrigation systems that involve
the release of water is permissible any time, including between the
hours of 11:00 a.m. to 6:00 p.m., as long as a licensed plumber or
irrigator is present on location during testing (and visible to the
ticket writer). Testing and troubleshooting of irrigation systems
by other than a licensed plumber or irrigator that involves the release
of water is otherwise permissible only on the day of week and time
of day permitted by the water rationing zone map. Water used for irrigation
from private wells, aerobic septic systems, wastewater effluent or
other nonpotable water will be exempt from all drought-related restrictions
but must comply with all other city, state and federal regulations.
(3)
The city shall initiate an education program through all available
media to:
(A)
Alert the public to the depletion of the reservoirs; current rate
of withdrawals and the effect of such withdrawals; current treatment
rates; current meteorological conditions; and the long-range weather
forecast from the National Weather Service.
(B)
Alert the public to the drought management program, the various stages
and measures, and the possibility of implementation.
(C)
Keep a constant flow of information to the public to condition them
for more stringent measures.
(4)
The city manager will conduct training necessary to implement the
water restriction program.
(5)
The city manager will prepare all administrative processes (forms,
affidavits, maps, offices, etc.) for the restriction program.
(b)
Stage 2 - drought warning.
When the levels of Lake Arrowhead
and Kickapoo reach a capacity of 50-percent (or the demand exceeds
design treatment capacity for three days, or the demand equals 110-percent
of design treatment capacity, after a drought watch has been declared),
or the water supply system is unable to deliver water due to mechanical
failure or damage of major water system components (which require
more than 48 hours to repair) while a drought watch is in progress,
a drought warning will be initiated. The following actions shall occur
under the direction of the city manager with the goal of reducing
the amount of water being used by 15 percent:
(1)
It shall be unlawful for any person, firm, corporation or other entity
to:
(A)
Run outside irrigation systems (including sprinklers, automatic sprinkler
systems and unattended hoses) except on the day of the week permitted
for the area as identified on the water rationing zone map B, an official
copy of which shall be kept on file in the office of the city secretary;
except that landscape watering is permitted any day, except between
restricted hours, with a handheld hose, soaker hose, bucket (five
gallons or less), watering can, bubbler or drip irrigation system.
On days other than the day of the week permitted by the water rationing
zone map, testing and troubleshooting of irrigation systems that involve
the release of water is permissible any time, including between the
hours of 11:00 a.m. to 6:00 p.m., as long as a licensed plumber or
irrigator is present on location during testing (and visible to the
ticket writer). Testing and troubleshooting of irrigation systems
by other than a licensed plumber or irrigator that involves the release
of water is otherwise permissible only on the day of week and time
of day permitted by the water rationing zone map. Water used for irrigation
from private wells, aerobic septic systems, wastewater effluent or
other nonpotable water will be exempt from all drought-related restrictions
but must comply with all other city, state and federal regulations.
(B)
Wash any motor vehicle at any location other than a commercial carwash
or automotive shop. The washing of a vehicle for health and safety
reasons, sufficient to remove the hazard, is permitted any time (a
dirty windshield is not sufficient excuse to wash the entire vehicle).
Washing vehicles with a bucket, washing vehicles on the day to water
or washing vehicles on the lawn while watering, other than at a commercial
carwash, car dealership, detail shop or automotive shop, is prohibited.
(C)
Conduct fundraising carwashes during the time the drought warning
is in effect.
(D)
Wash sidewalks, driveways, or concrete slabs unless an immediate
health or safety risk is present.
(2)
A drought emergency task force shall be formed for guidance through
the remainder of the drought and to interface with the public.
(3)
All nonessential operational use of water by the city staff should
be suspended, such as flushing water mains, street sweeping, water
jet cleaning of sanitary sewer mains, firefighter training, etc.,
except where such use of water is critical to the health and safety
of the citizens.
(4)
Notify all wholesale customers of the situation and ask each to adopt
similar reduction goals for their systems in accordance with their
individual contracts with the city. Pro-rata curtailment by wholesale
customers will be based upon their contractual limits as provided
in Texas Water Code, section 11.039.
(c)
Stage 3 - drought emergency.
When the levels of Lake
Arrowhead and Kickapoo reach a capacity of 40-percent (or the demand
exceeds design treatment capacity for four weeks, or the demand equals
115-percent of design treatment capacity, after a drought warning
has been declared), or the water supply system is unable to deliver
water due to mechanical failure or damage of major water system components
(which require more than 24 hours to repair) while a drought warning
is in progress, a drought emergency will be initiated. The following
actions shall occur under the direction of the city manager with the
goal of reducing the amount of water being used by 35 percent:
(1)
Tighten restrictions on nonessential outdoor uses of water for sprinkling
or gardening to fewer hours per day and washing of cars or filling
public/private swimming pools to fewer days per week.
(2)
Monitor all fire hydrant meters that are for contractor use, to determine
what conservation can be achieved through this type of water usage.
(3)
Specify and impose mandatory reductions on wholesale (raw and treated)
water customers in accordance with Texas Water Code, section 11.039.
(4)
Begin establishing a program for a drought disaster, which will allow
restriction on the essential uses of water and prepare for implementation.
(d)
Stage 4 - drought disaster.
When mandatory restrictions
on nonessential uses does not adequately slow withdrawal of water
from the lake and when the levels of Lake Arrowhead and Kickapoo reach
a capacity of 30-percent (or the demand exceeds 120-percent of design
treatment capacity, after a drought emergency has been declared),
or the water supply system is unable to deliver water due to mechanical
failure or damage of major water system components (which require
more than 12 hours to repair) while a drought emergency is in progress,
or the water system is contaminated either accidentally or intentionally,
or the water system fails from acts of nature or man, a drought disaster
will be initiated. The city manager shall impose further mandatory
restrictions on nonessential uses of water with the goal of reducing
the amount of water being used by 45 percent. All restrictions from
stage 3 remain in effect, except as specifically modified below. In
stage 4, the following additional restrictions shall apply, but are
not limited to:
(1)
Place a total ban on the outdoor use of water for nonessential uses.
This restriction includes all forms of irrigation, including, spray,
bubbler, drip, hand watering, etc. This shall include the possible
removal of all irrigation meters from residences.
(2)
Continue the aggressive public relations and education program.
(3)
Implement enforceable restrictions on essential uses as developed
during the drought emergency.
(4)
Other/miscellaneous.
(A)
The watering of home foundations is restricted to once a week, on
the day the property was authorized to spray irrigate in accordance
with the water rationing map.
(B)
It shall be unlawful to wash sidewalks, driveways, concrete slabs,
any structure or any part of a structure during stage 4 restrictions.
(e)
Stage 5 - drought catastrophe.
When mandatory restrictions
on nonessential uses does not adequately slow withdrawal of water
from the lake and when the levels of Lake Arrowhead and Kickapoo reach
a capacity of 25-percent (or the demand exceeds 120-percent of design
treatment capacity, after a drought emergency has been declared),
or the water supply system is unable to deliver water due to mechanical
failure or damage of major water system components (which require
more than 12 hours to repair) while a drought emergency is in progress,
or the water system is contaminated either accidentally or intentionally,
or the water system fails from acts of nature or man, a drought catastrophe
will be initiated. The city manager shall impose further mandatory
restrictions on nonessential uses of water with the goal of reducing
the amount of water being used by 55 percent. All restrictions from
stage 4 remain in effect, except as specifically modified below. In
stage 5, the following additional restrictions shall apply, but are
not limited to:
(1)
The city manager shall declare a stage 5 drought catastrophe when
the levels of Lakes Arrowhead and Kickapoo reach a combined capacity
of 25-percent.
(2)
The following actions shall occur under the direction of the city
manager, with the goal of reducing the amount of potable water being
provided by the city to less than 0.16 MGD:
(3)
In stage 5 drought, the following restrictions shall apply:
(A)
Irrigation:
(i)
Irrigation prohibited.
It shall be unlawful to
utilize any type of irrigation using potable water produced by the
city that is distributed through the city’s distribution system
on any day at any time. This restriction includes all forms of irrigation,
including, spray, bubbler, drip, hand watering, etc. Testing of irrigation
systems only upon approval by city manager.
(ii)
Public golf courses.
It shall be unlawful to irrigate
any and all vegetated landscape areas on the golf course including
greens, tee boxes, fairways, roughs, trees, shrubs, etc. The golf
courses will be allowed to utilize the remaining water within their
pond system, as they see fit; but, will not be allowed to refill the
ponds from the city system, while in a stage 5 drought catastrophe.
(B)
Washing cars when Lakes Arrowhead and Kickapoo are between 20% and
25%:
(i)
Location of washing cars limited to reduce runoff.
It shall be unlawful for any person to wash a vehicle at any location
other than a commercial carwash or commercial property that is owned
by the owner of a fleet of vehicles.
a.
It shall be an affirmative defense to prosecution pursuant to
this subsection (i) that a person was washing a vehicle for health
and safety reasons, only to an extent sufficient to remove the hazard,
is permitted any time.
(ii)
Allowable times for washing vehicles limited to reduce evaporation.
It shall be unlawful for any person to use potable water to
wash a vehicle at any time on Sunday or Monday.
(iii)
Nozzles.
It shall be unlawful for any carwash
to use a nozzle that discharges more than 3.0 gallons per minute.
(iv)
Bays.
It shall be unlawful for a carwash to wash
any of its bays with water, except on Fridays.
(C)
Washing vehicles when Lakes Arrowhead and Kickapoo are below 20%:
It shall be unlawful for any person to use potable water to wash a
vehicle at any time when the levels of Lakes Arrowhead and Kickapoo
are at a combined capacity of less than 20%.
(D)
Restaurants/bars/clubs/school cafeterias:
(i)
It shall be unlawful to provide drinking water to customers
of restaurants, bars, or clubs unless the customer requests such water.
(ii)
It shall be unlawful for a food establishment to thaw food with
water. Food must be thawed by another legal method, such as refrigeration
or cooking process.
(iii)
It shall be unlawful for a food establishment to clean kitchen
or food handling areas with spray hoses.
(E)
Pools:
(i)
It shall be unlawful to operate a water feature on any pool,
including, but not limited to, fountains, waterfalls, descents, arcs,
and slides.
(ii)
It shall be unlawful to fill, refill or add potable water to
private or public swimming, or wading pool that is not located entirely
within a fully-enclosed climate-controlled structure from the city
water supply.
(iii)
Indoor pools are exempt from the restrictions of this subsection.
(F)
Watering structures:
(Ordinance 315 adopted 5/30/15; Ordinance
369 adopted 1/19/2023)
Public and private golf courses may utilize spray irrigation
on greens at any time for the purposes of cooling golf course putting
surfaces when warranted by weather conditions and only with run cycles
of less than five minutes. Golf course greens may be spray irrigated
any day of the week.
(1)
During a stage 2 drought warning (50% capacity), it shall be unlawful
for golf courses to spray irrigate tee boxes and fairways, except
on the day of the week permitted for the area as identified on the
water rationing zone map.
(2)
During a stage 3 drought emergency (40% capacity) it shall be unlawful
for golf courses to spray irrigate tee boxes, except on the day of
the week permitted for the area as identified on the water rationing
zone map. It shall be unlawful for golf courses to spray irrigate
fairways.
(3)
During a stage 4 drought disaster (30% capacity) it shall be unlawful
to irrigate any and all turf areas on the golf course including greens,
tee boxes, and fairways.
(4)
The golf courses will be allowed to utilize the remaining water within
their pond system, as they see fit; but, will not be allowed to refill
the ponds from the city system, while in a stage 4 drought disaster.
(5)
Water used for irrigation from private wells, private ponds aerobic
septic systems, wastewater effluent or any other nonpotable water
will be exempt from all drought-related restrictions but must comply
with all other city, state and federal regulations.
(Ordinance 315 adopted 5/30/15; Ordinance
369 adopted 1/19/2023)
A water conservation surcharge will be applied to all applicable
accounts when the 50-percent, 40-percent, 30-percent and 25-percent
trigger levels are reached.
(1)
When a stage 2 drought warning is declared (lake level of Arrowhead
and Kickapoo is at or below 50%) the surcharges will be:
(2)
When a stage 3 drought emergency is declared (lake level of Arrowhead
and Kickapoo is at or below 40%) the surcharges will be:
(3)
When a stage 4 drought disaster is declared (lake level of Arrowhead
and Kickapoo is at or below 30%) the surcharges will be:
(4)
When a stage 5 drought catastrophe is declared (lake level of Arrowhead
and Kickapoo is at or below 25%) the surcharges will be:
(5)
Surcharges will remain in effect until the city council announces
the end to the restrictions.
(Ordinance 315 adopted 5/30/15; Ordinance
369 adopted 1/19/2023)
In the event that the triggering criteria specified in the plan
for stage 3 - drought emergency - have been met, the city manager
is here by authorized to initiate allocation of wholesale water supplies
on a pro rata basis in accordance with Texas Water Code, section 11.039.
(Ordinance 315 adopted 5/30/15; Ordinance
369 adopted 1/19/2023)
The city will include a provision in every wholesale water contract
entered into or renewed after adoption of this plan, including contract
extensions, that in case of a shortage of water resulting from drought,
the water to be distributed shall be divided in accordance with Texas
Water Code, section 11.039.
(Ordinance 315 adopted 5/30/15; Ordinance
369 adopted 1/19/2023)
(a)
The city manager, or his/her designee, may, in writing, grant a temporary
variance to the pro rata water allocation policies provided by this
plan if it is determined that failure to grant such variance would
cause an emergency condition adversely affecting the public health,
welfare, or safety and if one or more of the following conditions
are met:
(b)
Persons requesting an exemption from the provisions of this plan
shall file a petition for variance with the city manager within 5
days after pro rata allocation has been invoked. All petitions for
variances shall be reviewed by the city council, and shall include
the following:
(1)
Name and address of the petitioner(s).
(2)
Detailed statement with supporting data and information as to how
the pro rata allocation of water under the policies and procedures
established in the plan adversely affects the petitioner or what damage
or harm will occur to the petitioner or others if petitioner complies
with this article.
(3)
Description of the relief requested.
(4)
Period of time for which the variance is sought.
(5)
Alternative measures the petitioner is taking or proposes to take
to meet the intent of this plan and the compliance date.
(6)
Other pertinent information.
(c)
Variances granted by the city council shall be subject to the following
conditions, unless waived or modified by the city council or its designee:
(d)
No variance shall be retroactive or otherwise justify any violation
of this plan occurring prior to the issuance of the variance.
(Ordinance 315 adopted 5/30/15; Ordinance
369 adopted 1/19/2023)
Any person, firm, corporation or other entity found in violation
of any provision of this article shall be punished by a fine of $100.00
for the first offense; not more than $500.00 for each additional offense.
Each fine shall be in addition to any applicable court costs. Each
day of violation of this article shall constitute a separate offense.
Proof of a culpable mental state shall not be required. In the event
that this article is flagrantly violated by repeated offenses, the
city manager is authorized to order the pulling of the customer’s
water meter until all fees and fines are paid.
(Ordinance 315 adopted 5/30/15; Ordinance
369 adopted 1/19/2023)
