ARTICLE 18.06 WATER CONSERVATION

City of West Lake Hills property owners and residents who are Travis County Water Control and Improvement District No. 10 customers (“West Lake Hills customers”) are eligible to participate in the City of Austin Water Conservation Programs.

The city will promote awareness and participation in the City of Austin water conservation program through the city web site.

(c)

West Lake Hills customers who receive rebates on toilets and washing machines through the City of Austin Water Conservation Program may be eligible for city matching rebates. To be eligible for such rebates, West Lake Hills customers must:

Have purchased and installed a City of Austin rebate qualifying toilet or washer in a property within the city on or after September 1, 2009;

Within 30 days of the West Lake Hills customer’s receipt of the City of Austin rebate, furnish documentation from the City of Austin showing the amount of rebate paid by the City of Austin to the West Lake Hills customer; and

§ 18.06.003 through § 18.06.030. (Reserved)

Documentation showing the actual cost of the qualifying equipment and the cost of installation.

City toilet and washing machine rebates will be the lesser of (1) the City of Austin rebate or (2) the cost of the qualifying equipment minus the City of Austin rebate applicable to such toilet and/or washing machine. If the City of Austin amends or discontinues its toilet or washing machine rebate programs, the city program automatically will be amended to be consistent with the then-current City of Austin Water Conservation Program or discontinued, as applicable.

The city will send letters to wastewater customers with underground sprinkler systems using more than 25,000 gallons per month in the summer to inform them that the City of Austin will conduct a free irrigation audit.

(Ordinance 175, att. A, adopted 8/26/09)

Division 2 Emergency and Peak Day Water Use Management

§ 18.06.031 Policy.

The city emergency and peak day water use management plan is established because safe, high quality drinking water is a precious resource. Public health and general welfare require that water resources available to the city be put to the maximum beneficial use possible, that the waste or unreasonable use or unreasonable method of use of water be prevented.

(1996 Code, sec. 34-131)

§ 18.06.032 Implementation.

The city administrator, or her/his designee, may implement the applicable provisions of this division, if recommended by TCWCID #10 (Travis County Water Control and Improvement District Number Ten) and the Ridgewood Village Water System, and directed by the city council upon their determination that such measures are necessary to protect the public health, welfare, and safety.

(1996 Code, sec. 34-132)

§ 18.06.033 Applicability.

The provisions of this division apply to all persons, customers, and owners of property who use or allow the use of water in the city.

(1996 Code, sec. 34-133)

§ 18.06.034 Prohibitions and requirements.

Persons who use water in the city shall not knowingly make, cause, use, or permit the use of water in the city for residential, commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this article, or in an amount greater than that use permitted by the conservation stage in effect under action taken by the city administrator, or her/his designee, in accordance with this division.

§ 18.06.035 Year round water use management.

Except when the city administrator institutes mandatory or emergency water use restrictions under section 18.06.037 (Stage 2–Mandatory water use management) or section 18.06.038 (Stage 3–Emergency water use management), Stage 1 use management regulations in section 18.06.036 (Stage 1 peak day water use management) shall be in effect from May 1 through September 30 of each year, and other time periods as determined by the city administrator.

(1996 Code, sec. 34-134)

The following constitute a waste of water and are prohibited:

Failing to repair a controllable leak, including a broken sprinkler head, a leaking valve, leaking or broken pipes, or a leaking faucet;

Operating a permanently installed irrigation system with a:

Broken head;

Head that is out of adjustment where the arc of the spray head is over a street or parking lot; or

Head that is misting due to high water pressure;

During irrigation:

Allowing water to run off a property such that there is a trail of water that is running in the street for a distance of 50 feet or greater; or

§ 18.06.036 Stage 1–Peak day water use management.

Allowing water to pond in the street or parking lot to a depth greater than 1/4 of an inch.

(1996 Code, sec. 34-135)

The requirements of this section shall apply when stage 1 use management regulations are in effect. The prohibitions in section 18.06.035 (Year round water use management) also apply when stage 1 use management regulations are in effect.

Outdoor irrigation by a permanently installed automatic irrigation system is prohibited between the hours of 10:00 a.m. and 7:00 p.m. This prohibition does not apply to irrigation:

At a single-family, duplex, triplex, or fourplex residence;

Of a new landscape, if the owner notifies the city administrator at least one day before installation:

(i)

During landscape installation; and

(ii)

Within the first seven days after installation is complete;

During repair or testing of a new or existing irrigation system only if the person doing the testing is present; or

For watering nursery stock including potted plants, shrubs, and trees at a commercial plant nursery.

§ 18.06.037 Stage 2–Mandatory water use management.

A person subject to this section is encouraged to comply with subsections 18.06.037(1) and (7) (Stage 2–Mandatory water use management).

(1996 Code, sec. 34-136)

The requirements of this section shall apply when stage 2 mandatory water use management regulations are in effect. The allowed days for outdoor water use do not apply to the use of treated wastewater effluent or raw water. The prohibitions in section 18.06.035 (Year round water use management) apply when stage 2 use management regulations are in effect.

This subsection prescribes requirements for outdoor irrigation, excluding watering nursery stock including potted plants, shrubs, and trees at a commercial plant nursery. Outdoor irrigation is permitted:

By a hand-held hose, or a hand-held bucket at any time during the day or night;

By a hose end sprinkler, a soaker hose, or drip irrigation, from 12:00 midnight to 10:00 a.m. and 7:00 p.m. to 12:00 midnight on an outdoor water use day as designated in the water conservation guidelines;

By a permanently installed automatic irrigation system from 12:00 midnight to 10:00 a.m. on an outdoor water use day as designated in the water conservation guidelines; or

For property:

(i)

That cannot be completely watered with an average of 3/4 inch of water in a single day; and

(ii)

For which a person obtains a variance from the city administrator to divide the property into sections, to be watered on different outdoor water use days.

This subsection prescribes requirements for washing an automobile, truck, trailer, boat, airplane, or other type of mobile equipment.

Washing is prohibited except on a designated outdoor water use day from 12:00 midnight to 10:00 a.m. and from 7:00 p.m. to 12:00 midnight.

Washing must be done with a hand-held bucket or a hand-held hose equipped with a positive shutoff nozzle.

Charity carwashes are prohibited.

Each washing of a vehicle or piece of equipment in violation of the terms and conditions of this restriction is a separate violation under this article.

(E)

This subsection does not apply to a commercial carwash that meets the following standards:

(i)

In-bay, hand-held spray wash equipment including spray wands and foaming brushes may use no more than 3.0 gallons of water per minute and equipped with trigger shutoffs;

(ii)

Portable pressure wash equipment with spray nozzles may use no more than 3.5 gallons of water per minute and with trigger shutoffs;

(iii)

Conveyor friction systems may use no more than 20 gallons per vehicle;

(iv)

Conveyor touchless systems may use no more than 40 gallons per vehicle;

(v)

Rollover automatic systems may use no more than 45 gallons per vehicle;

(vi)

All chamois wringers must have positive shutoff valves; and

(vii)

Systems using reverse osmosis rinse water must reclaim and reuse reject water so that it is not discharged into the sanitary sewer.

(F)

This subsection does not apply if washing the vehicle is necessary on a more regular and frequent basis to protect the health, safety and welfare of the public.

This subsection prescribes requirements for foundation watering.

Watering the ground around a foundation to prevent foundation cracking is prohibited except on a designated outdoor water use day from 12:00 midnight to 10:00 a.m.

If additional watering is required to prevent foundation cracking, a variance may be requested to allow watering on the second day after the designated day for that address. If the variance is granted, watering for this additional day shall be done only during designated hours with a soaker hose or drip system placed within 24 inches of the foundation and shall not produce a spray of water above the ground.

(4)

Using an automatic fill valve to add water to an outdoor swimming or wading pool or to a pond is prohibited.

(5)

The operation of an outdoor ornamental fountain or other structure making similar use of water is prohibited, excluding aeration necessary to preserve habitat for aquatic species. Indoor fountains may not be drained and filled and make up water may not be added.

(6)

Irrigation of a golf fairway is prohibited except on a designated outdoor water use day from 12:00 midnight to 10:00 a.m. and from 7:00 p.m. to 12:00 midnight. Irrigation of a golf course green or tee is allowed every other day if a plan is filed with the city administrator establishing the irrigation schedule.

(7)

Washing a sidewalk, driveway, parking area, street, tennis court, patio, or other paved area, is prohibited except to alleviate an immediate health or safety hazard.

(8)

A restaurant may not serve water to a customer except when requested by the customer.

(9)

Notwithstanding subsection (1) above of this section, a person may not irrigate new landscape installation unless the owner notifies the city administrator at least one day before installation. In that event, irrigation may only occur during the hours permitted under subsection 18.06.037(1) (Stage 2–mandatory water use management). For new landscapes without an underground irrigation system and that can not feasibly be watered before 10:00 a.m. or after 7:00 p.m., a person may request a variance. A variance granted under this subsection may allow the applicant to water no more than 3/4 inch between 10:00 a.m. and 7:00 p.m. using the following schedule and must require that a hose timer is used or the person in charge of the irrigation be onsite during the irrigation. Irrigation of new landscape may not exceed the following 30-day schedule:

For the first ten days after installation, every day;

For day 11 through day 20 after installation, every other day; and

For day 21 through day 30 after installation, every third day.

(10)

Athletic fields for organized sports such as football, soccer, or field hockey must comply with stage 2 restrictions. Alternatively, athletic fields that are in use or will be in use within 60 days of institution of stage 2 restrictions may select one of the following two watering schedules by notifying the city administrator:

If the irrigation system can not provide 3/4 inch of water to the entire athletic field(s) in one day during the designated hours, the athletic field(s) may be divided into portions which are assigned separate addresses. The portions may be watered every five days based on the assigned street address during the hours designated for watering in section 18.06.037(1), or

The athletic field may be watered on Mondays and Thursdays (or Tuesday and Friday) during the hours designated for watering in section 18.06.037(1).

(11)

The stage 2 restrictions do not apply to the following:

Necessary use of water, other than for landscape irrigation, by a governmental entity in pursuit of a governmental function for the benefit of the public, including for a capital improvement construction project;

Necessary use of water, other than for landscape irrigation, for land development including roadway base preparation, flushing utility lines, dust control, concrete or asphalt work and building construction. If reclaimed water is available within one mile of the construction site, reclaimed water must be used for roadway base preparation and dust control;

Necessary use of water for repair of a water distribution facility, residential and commercial plumbing, or a permanently installed landscape irrigation system; and

§ 18.06.038 Stage 3–Emergency water use management.

Use of water under a variance.

(1996 Code, sec. 34-137)

The following restrictions apply to all persons who use water in the city. They do not apply to the use of treated wastewater effluent or raw water for the purposes described below. All elements of stage 2 remain in effect in stage 3 except that:

Outdoor irrigation of vegetation by hand-held hoses, or hand-held watering cans may occur only between the hours of 6:00 a.m. to 10:00 a.m. and 7:00 p.m. to 10:00 p.m. on designated outdoor water use days. Irrigation using permanently installed irrigation systems, hose end irrigation, or drip irrigation is prohibited.

Washing automobiles, trucks, trailers, boats, airplanes, or other types of mobile equipment is prohibited unless the washing is in the immediate interest of the public health, safety, and welfare.

§ 18.06.039 Stage 2 and stage 3 implementation.

Washing automobiles, trucks, trailers, boats, airplanes, or other types of mobile equipment on the immediate premises of a commercial carwash or a commercial service station is allowed between 12:00 noon and 5:00 p.m. when the washing is in the immediate interest of the public health, safety, and welfare.

(4)

Commercial plant nurseries, may use only hand-held hoses, hand-held watering cans, or drip irrigation.

(5)

The filling, refilling, or adding of potable water to swimming or wading pools, fountains and ponds is prohibited.

(6)

Installation of new landscapes of any type may not be started.

(7)

Irrigation of new landscape installation under section 18.06.037(9) (Stage 2– Mandatory water use management) is prohibited.

(1996 Code, sec. 34-138)

The general manager of TCWCID#10 and the management of Ridgewood Village Water System are requested to monitor the projected supply and demand for water by their customers in the city and to recommend to the city administrator the extent of conservation required through the implementation or termination of particular conservation stages. The city administrator may order that the appropriate stage of water conservation be implemented or terminated in accordance with the applicable provisions of this article. This order shall be announced publicly and shall take effect immediately.

(1996 Code, sec. 34-139)

§ 18.06.040 City administrator’s authority to impose additional restrictions.

The city administrator may at any time implement mandatory water restrictions in addition to those restrictions named in the emergency and peak day water use management plan to protect the public health and safety in the event of unusual operational events, catastrophic occurrences, or severe weather events. The city administrator may implement mandatory restrictions by public announcement and the restrictions shall be effective immediately on the making of the public announcement.

(1996 Code, sec. 34-140)

§ 18.06.041 Additional restrictions during long-term water supply shortages.

If the available capacity of the Highland Lakes Reservoir is less than the anticipated demand, or if the combined water storage levels of Lakes Travis and Buchanan are less than 681,000 acre-feet, the city administrator may:

Prohibit outdoor watering, except with treated wastewater effluent, raw water, well water, stormwater, or stored rainwater; and

Require water users to curtail water use on a pro rata basis, in accordance with Texas Water Code section 11.039.

(1996 Code, sec. 34-141)

§ 18.06.042 Alternative compliance.

The city administrator may permit alternative compliance after determining that alternative water use restrictions meet or exceed the intent of this article. If approved, the applicant shall keep a copy of the alternative water use requirements in a location accessible and visible to the public.

(1996 Code, sec. 34-142)

§ 18.06.043 Variance.

A person who uses water in the city may apply for a variance to this article. The applicant shall provide information necessary to evaluate the variance request. If a variance is granted, the applicant shall keep a copy of the variance in a location on the affected property, accessible and visible to the public. The city council may grant a variance to a provision of this article after determining that the variance requested is reasonable, that special circumstances exist, and that compliance with a particular provision will:

Adversely affect the health, sanitation, or fire protection for the public or the applicant; or

Substantially threaten the applicant’s primary source of income.

(1996 Code, sec. 34-143)

§ 18.06.044 Expiration.

A variance granted from stage 1 requirements expires on the announcement by the city administrator of stage 2.

A variance granted from stage 2 requirements expires on the announcement by the city administrator of stage 3.

(c)

A variance from requirements in this article expires when additional restrictions during long-term water supply shortage are adopted under section 18.06.041 (additional restrictions during long-term water supply shortages).

(d)

A variance from requirements in this article expires if the applicant is convicted of violating a provision in this article.

(1996 Code, sec. 34-144)

§ 18.06.045 Inspection.

The city may conduct inspections for the purpose of ascertaining compliance with this article and causing to be corrected any conditions which would constitute a violation of this article.

Nothing herein shall be construed to hold the city or any officer, employee or representative of the city responsible for any damage to persons or property by reason of making or failing to make an inspection.

(1996 Code, sec. 34-145)

§ 18.06.046 Right of access/entry.

When necessary to investigate or enforce the provisions of this article, or when any city inspector or enforcement officer has reasonable cause to suspect the existence in any building or structure or upon any premises of any condition which violates provisions of this article, said inspector or officer may enter such structure, building, or premises without prior notice at all reasonable times to inspect the same, or to perform any duty imposed upon said inspector or officer by law or this article. If such building, structure, or premises are occupied, the inspector or officer shall first present proper credentials and request entry. If such building, structure, or premises are unoccupied, the inspector or officer shall first make a reasonable attempt to contact the owner, an occupant, or other responsible person and request entry. If entry is refused, the inspector/officer seeking entry shall have recourse to every remedy provided by law to secure entry. Unrestricted access/entry shall be granted to buildings, structures, or premises, or portions thereof, which are under construction, subject to any permit issued by the city, or for which a valid certificate of occupancy has not been issued. Refusal to allow access/entry in such circumstances shall be grounds for the inspector or officer to issue an immediate stop-work order, or for withholding a certificate of occupancy.

No owner or occupant or any other person having charge, care, or control of any building, structure, or premises shall fail or neglect, after proper demand is made, to promptly permit access/entry therein by the city inspector/officer, or her/his authorized representative for the purpose of inspection and examination pursuant to this article. Any person violating this section shall be guilty of a misdemeanor.

(1996 Code, sec. 34-146)

§ 18.06.047 Presumption of violation.

For purposes of this article, the person, corporation, association, or other entity who is or was last billed or who is receiving the economic benefit of the water supply is presumed to have knowingly made, caused, used or permitted the use of water in the city for residential, commercial, industrial, agricultural, governmental or any other purpose in a manner contrary to any provision of this article, or in an amount more than the use permitted by the conservation stage in effect, or in a manner contrary to the terms and conditions of a valid variance, permit or compliance agreement issued by the city administrator, if the water has been used in a manner contrary to any provision of this article, or in an amount greater than the use permitted by the conservation stage in effect or in a manner contrary to the terms and conditions of a valid variance, permit or compliance agreement issued by the city administrator.

(1996 Code, sec. 34-147)

§ 18.06.048 Penalty.

A person commits an offense if the person performs an act prohibited by this article or fails to perform an act required by this article. Each instance of a violation of this article is a separate offense.