(a)
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 through an ordinance replacing
Ordinance 133A.
(b)
Water uses regulated or prohibited under this drought contingency plan (the plan) are 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 13.06.010 of this plan.
(Ordinance 133B, sec. I, adopted 5/3/17)
Opportunity for the public to provide input into the preparation
of the plan was provided by the city by means of a public meeting
and advertising in local newspaper and billing insert.
(Ordinance 133B, sec. II, adopted 5/3/17)
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 drought
response measures to be implemented in each stage. This information
will be provided by means of billing insert, local newspaper and flyers
if needed.
(Ordinance 133B, sec. III, adopted 5/3/17)
The service area of the city is located within the High Plains
Underground Water Conservation District #1 and the city has provided
a copy of this plan to the HPUWCD #1.
(Ordinance 133B, sec. IV, adopted 5/3/17)
The mayor, 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 mayor, or his/her designee shall have the authority
to initiate or terminate drought or other water supply emergency response
measures as described in this plan.
(Ordinance 133B, sec. V, adopted 5/3/17)
The provisions of this plan shall apply to all persons, customers,
and property utilizing water provided by the city. The terms person
and customer as used in the plan include individuals, corporations,
partnerships, associations, and all other legal entities.
(Ordinance 133B, sec. VI, adopted 5/3/17)
For the purposes of this plan, the following definitions shall
apply:
Water use for ornamental or decorative purposes such as fountains,
reflecting pools, and water gardens.
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.
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.
Any person, company, or organization using water supplied
by the city.
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.
Street addresses, box numbers, or rural postal route numbers
ending in 0, 2, 4, 6, or 8 and locations without addresses.
The use of water in processes designed to convert materials
of lower value into forms having greater usability and value.
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.
Water uses that are not essential nor required for the protection
of public health, safety, and welfare, including:
Irrigation of landscape areas, including parks, athletic fields,
and golf courses, except otherwise provided under this plan;
Use of water to wash any motor vehicle, motorbike, boat, trailer,
airplane or other vehicle;
Use of water to wash down any sidewalks, walkways, driveways,
parking lots, tennis courts, or other hard-surfaced areas;
Use of water to wash down buildings or structures for purposes
other than immediate fire protection;
Flushing gutters or permitting water to run or accumulate in
any gutter or street;
Use of water to fill, refill, or add to any indoor or outdoor
swimming pools or Jacuzzi-type pools;
Use of water in a fountain or pond for aesthetic or scenic purposes
except where necessary to support aquatic life;
Failure to repair a controllable leak(s) within a reasonable
period after having been given notice directing the repair of such
leak(s); and
Use of water from hydrants for construction purposes or any
other purposes other than firefighting.
Street addresses, box numbers, or rural postal route numbers
ending in 1, 3, 5, 7, or 9.
(Ordinance 133B, sec. VII, adopted 5/3/17)
(a)
The mayor or his/her designee shall monitor water supply and/or demand
conditions daily and shall determine when conditions warrant initiation
or termination of each stage of the plan, that is, when the specified
“triggers” are reached.
(b)
The triggering criteria described below are based on normal combined
water well production at any given time versus the total daily demand
for three consecutive days and/or the ability to maintain an adequate
water level in the ground storage tank and/or the booster station
failing to maintain adequate system pressure.
(1)
Stage 1 triggers–Mild water shortage conditions.
(A)
Requirements for initiation.
Customers shall be
requested to voluntarily conserve water and adhere to the prescribed
restrictions on certain nonessential and landscape irrigation water
uses, when the specific capacity of the city wells is equal to or
greater than 70 percent of the wells’ specific capacity.
(B)
Requirements for termination.
Stage 1 of the plan
may be rescinded when all the conditions listed as triggering events
have ceased to exist by the mayor or his/her designee for a period
of 3 consecutive days.
(C)
Restrictions shall apply: See stage 1 response.
(2)
Stage 2 triggers–Moderate water shortage conditions.
(A)
Requirements for initiation.
(i)
Customers shall be required to comply with the requirements
and restrictions on certain nonessential water uses when maximum day
water use exceeds the specific capacity of the city wells is equal
to or greater than 80 percent of the combined wells’ production
for 3 consecutive days [sic].
(ii)
Water supplies available from all sources are reduced by 5%
to 10% below projected needs.
(iii)
Restrictions shall apply: See stage 2 response.
(B)
Requirements for termination.
Stage 2 of the plan
may be rescinded when all the conditions listed as triggering events
have ceased to exist for a period of 3 consecutive days. Upon termination
of stage 2, stage 1 becomes operative.
(3)
Stage 3 triggers–Severe water shortage conditions.
(A)
Requirements for initiation.
(i)
Customers shall be required to comply with the requirements
and restrictions on certain nonessential water uses for stage 3 of
this plan when the specific capacity of the city wells is equal to
or greater than 90 percent of the combined wells’ production
for 3 consecutive days.
(ii)
Water supplies available from all sources are reduced by 10%
or more below projected needs.
(iii)
Water availability from groundwater is well below normal, continue
to decline and additional reductions in current or future water supplies
are evident; or water supplies have been reduced due to the failure
of one or more water supply systems.
(iv)
Restrictions shall apply: See stage 3 response.
(B)
Requirements for termination.
Stage 3 of the plan
may be rescinded when all the conditions listed as triggering events
have ceased to exist for a period of 3 consecutive days. Upon termination
of stage 3, stage 2 becomes operative.
(4)
Stage 4 triggers–Critical water shortage conditions.
(A)
Requirements for initiation.
(i)
Customers shall be required to comply with the requirements
and restrictions on certain nonessential water uses for stage 4 of
this plan when the combined city’s water well production is
equal to or greater than 100 percent of the combined wells’
production for 3 consecutive days.
(ii)
Restrictions shall apply:
(B)
Requirements for termination.
Stage 4 of the plan
may be rescinded when all the conditions listed as triggering events
have ceased to exist as determined by the mayor or his/her designee
for a period of 3 consecutive days. Upon termination of stage 4, stage
3 becomes operative.
(5)
Stage 5 triggers–Emergency water shortage conditions.
(A)
Requirements for initiation.
Customers shall be
required to comply with the requirements and restrictions for stage
5 of this plan when the mayor or his/her designee, determines that
a water supply emergency exists based on:
(B)
Requirements for termination.
Stage 5 of the plan
may be rescinded when all the conditions listed as triggering events
have ceased to exist for a period of 2 consecutive days.
(Ordinance 133B, sec. VIII, adopted 5/3/17)
(a)
Notification.
The mayor or his/her designee, shall monitor water supply and/or demand conditions daily and, in accordance with the triggering criteria set forth in section 13.06.008 of this plan, shall determine that a mild, moderate, severe, critical, emergency or water shortage condition exists and shall implement the following notification procedures:
(b)
Responses.
(1)
Stage 1 response–Mild water shortage conditions.
(A)
Target.
Achieve a voluntary 10-percent reduction
in total daily water demand.
(B)
Best management practices for supply management.
Daily monitoring of water production versus system operations and
weather conditions.
(C)
Voluntary water use restrictions for reducing demand.
(i)
Water customers are requested to voluntarily limit the irrigation
of landscaped areas to Sundays and Thursdays for customers with a
street address ending in an even number (0, 2, 4, 6 or 8), and Saturdays
and Wednesdays for water customers with a street address ending in
an odd number (1, 3, 5, 7 or 9), and to irrigate landscapes only between
the hours of midnight and 10:00 a.m. and 8:00 p.m. to midnight on
designated watering days.
(ii)
All operations of the city shall adhere to water use restrictions
prescribed for stage 2 of the plan.
(iii)
Water customers are requested to practice water conservation
and to minimize or discontinue water use for nonessential purposes.
(2)
Stage 2 response–Moderate water shortage conditions.
(A)
Target.
Achieve a 20-percent reduction in daily
water demand.
(C)
Water use restrictions for demand reduction.
Under
threat of penalty for violation, the following water use restrictions
shall apply to all persons:
(i)
Irrigation of landscaped areas with hose-end sprinklers or automatic
irrigation systems shall be limited to Sundays and Thursdays for customers
with a street address ending in an even number (0, 2, 4, 6 or 8),
and Saturdays and Wednesdays for water customers with a street address
ending in an odd number (1, 3, 5, 7 or 9), and irrigation of landscaped
areas is further limited to the hours of 12:00 midnight until 8:00
a.m. and between 8:00 p.m. and 12:00 midnight on designated watering
days. However, irrigation of landscaped areas is permitted at any
time if it is by means of a handheld hose, a faucet-filled bucket
or watering can of five (5) gallons or less, or drip irrigation system.
(ii)
Use of water to wash any motor vehicle, motorbike, boat, trailer,
airplane or other vehicle is prohibited except on designated watering
days between the hours of 12:00 midnight and 10:00 a.m. and between
8:00 p.m. and 12:00 midnight. Such washing, when allowed, shall be
done with a handheld bucket or a handheld hose equipped with a positive
shutoff nozzle for quick rinses. Vehicle washing may be done at any
time on the immediate premises of a commercial carwash or commercial
service station. Further, such washing may be exempted from these
regulations if the health, safety, and welfare of the public is contingent
upon frequent vehicle cleansing, such as garbage trucks and vehicles
used to transport food and perishables.
(iii)
Use of water to fill, refill, or add to any indoor or outdoor
swimming pools, wading pools, or Jacuzzi-type pools is prohibited
except on designated watering days between the hours of 12:00 midnight
and 10:00 a.m. and between 8:00 p.m. and 12:00 midnight.
(iv)
Operation of any ornamental fountain or pond for aesthetic or
scenic purposes is prohibited except where necessary to support aquatic
life or where such fountains or ponds are equipped with a recirculation
system.
(v)
Use of water from hydrants shall be limited to firefighting,
related activities, or other activities necessary to maintain public
health, safety, and welfare, except that use of water from designated
fire hydrants for construction purposes may be allowed by approval
of the mayor.
(vi)
Use of water for the irrigation of golf course greens, tees,
and fairways is prohibited except on designated watering days between
the hours of 12:00 midnight and 10:00 a.m. and between 8:00 p.m. and
12:00 midnight. However, if the golf course utilizes a water source
other than that provided by the city, the facility shall not be subject
to these regulations.
(vii)
All restaurants are prohibited from serving water to patrons
except upon request of the patron.
(viii)
The following uses of water are defined as nonessential
and are prohibited:
a.
Wash down of any sidewalks, walkways, driveways, parking lots,
tennis courts, or other hard-surfaced areas;
b.
Use of water to wash down buildings or structures for purposes
other than immediate fire protection;
c.
Use of water for dust control;
d.
Flushing gutters or permitting water to run or accumulate in
any gutter or street; and
e.
Failure to repair a controllable leak(s) within a reasonable
period after having been given notice directing the repair of such
leak(s).
(3)
Stage 3 response–Severe water shortage conditions.
(A)
Target.
Achieve a 30-percent reduction in total
daily water demand.
(C)
Water use restrictions for demand reduction.
All
requirements of stage 2 shall remain in effect during stage 3 except:
(i)
Irrigation of landscaped areas shall be limited to only one
day per zone per week and to designated watering days between the
hours of 12:00 midnight and 8:00 a.m. and between 8:00 p.m. and 12:00
midnight and shall be by means of handheld hoses, handheld buckets,
drip irrigation, or permanently installed automatic sprinkler system
only. The use of hose-end sprinklers is prohibited at all times.
(ii)
The watering of golf course tees is prohibited unless the golf
course utilizes a water source other than that provided by the city.
(iii)
The use of water for construction purposes from designated fire
hydrants under special permit is to be discontinued. Use of water
from fire hydrants shall be limited to firefighting or other related
activities necessary to maintain public health, safety and welfare.
(4)
Stage 4 response–Critical water shortage conditions.
(A)
Target.
Achieve a 50-percent reduction in total
daily water supply demand.
(C)
Water use restrictions for reducing demand.
All
requirements of stage 2 and 3 shall remain in effect during stage
4 except:
(i)
Irrigation of landscaped areas shall be limited to designated
watering days between the hours of 6:00 a.m. and 8:00 a.m. and between
8:00 p.m. and 12:00 midnight and shall be by means of handheld hoses,
handheld buckets, or drip irrigation only. The use of hose-end sprinklers
or permanently installed automatic sprinkler systems are prohibited
at all times.
(ii)
Use of water to wash any motor vehicle, motorbike, boat, trailer,
airplane or other vehicle not occurring on the premises of a commercial
carwash and commercial service stations and not in the immediate interest
of public health, safety, and welfare is prohibited. Further, such
vehicle washing at commercial carwashes and commercial service stations
shall occur only between the hours of 6:00 a.m. and 10:00 a.m. and
between 6:00 p.m. and 10:00 p.m.
(iii)
The filling, refilling, or adding of water to swimming pools,
wading pools, and Jacuzzi-type pools is prohibited.
(iv)
Operation of any ornamental fountain or pond for aesthetic or
scenic purposes is prohibited except where necessary to support aquatic
life or where such fountains or ponds are equipped with a recirculation
system.
(v)
No application for new, additional, expanded, or increased-in-size
water service connections, meters, service lines, pipeline extensions,
mains, or water service facilities of any kind shall be approved,
and time limits for approval of such applications are hereby suspended
for such time as this drought response stage or a higher-numbered
stage shall be in effect.
(5)
(6)
Stage 6 response–Water allocation.
In the event
that water shortage conditions threaten public health, safety, and
welfare, the mayor is hereby authorized to allocate water according
to the following water allocation plan:
(A)
Single-family residential customers.
The allocation
to residential water customers residing in a single-family dwelling
shall be as follows:
|
Persons per Household
|
Gallons per Month
|
|---|---|
|
1 or 2
|
6,000
|
|
3 or 4
|
7,000
|
|
5 or 6
|
8,000
|
|
7 or 8
|
9,000
|
|
9 or 10
|
10,000
|
|
11 or more
|
12,000
|
Household means the residential premises served by the
customer’s meter. Persons per household include only those persons
currently physically residing at the premises and expected to reside
there for the entire billing period. It shall be assumed that a particular
customer’s household is comprised of two (2) persons unless
the customer notifies the city of a greater number of persons per
household on a form prescribed by the city council. The mayor shall
give his/her best effort to see that such forms are mailed, otherwise
provided, or made available to every residential customer. If, however,
a customer does not receive such a form, it shall be the customer’s
responsibility to go to the city offices to complete and sign the
form claiming more than two (2) persons per household. New customers
may claim more persons per household at the time of applying for water
service on the form prescribed by the city council. When the number
of persons per household increases so as to place the customer in
a different allocation category, the customer may notify the city
on such form and the change will be implemented in the next practicable
billing period. If the number of persons in a household is reduced,
the customer shall notify the city in writing within two (2) days.
In prescribing the method for claiming more than two (2) persons per
household, the city council shall adopt methods to insure the accuracy
of the claim. Any person who knowingly, recklessly, or with criminal
negligence falsely reports the number of persons in a household or
fails to timely notify the city of a reduction in the number of person
in a household shall be fined not less than $50.00.
(B)
Master-metered multifamily residential customers.
The allocation to a customer billed from a master meter which jointly
measures water to multiple permanent residential dwelling units (example:
apartments, mobile homes) shall be allocated 6,000 gallons per month
for each dwelling unit. It shall be assumed that such a customer’s
meter serves two dwelling units unless the customer notifies the city
of a greater number on a form prescribed by the city council. The
mayor shall give his/her best effort to see that such forms are mailed,
otherwise provided, or made available to every such customer. If,
however, a customer does not receive such a form, it shall be the
customer’s responsibility to go to the city offices to complete
and sign the form claiming more than two (2) dwellings. A dwelling
unit may be claimed under this provision whether it is occupied or
not. New customers may claim more dwelling units at the time of applying
for water service on the form prescribed by the city council. If the
number of dwelling units served by a master meter is reduced, the
customer shall notify the city in writing within two (2) days. In
prescribing the method for claiming more than two (2) dwelling units,
the city council shall adopt methods to insure the accuracy of the
claim. Any person who knowingly, recklessly, or with criminal negligence
falsely reports the number of dwelling units served by a master meter
or fails to timely notify the city of a reduction in the number of
person in a household shall be fined not less than $50.00.
(C)
Commercial customers.
A monthly water allocation
shall be established by the mayor, or his/her designee, for each nonresidential
commercial customer other than an industrial customer who uses water
for processing purposes. The nonresidential customer’s allocation
shall be approximately 70% of the customer’s usage for corresponding
month’s billing period for the previous 12 months. If the customer’s
billing history is shorter than 12 months, the monthly average for
the period for which there is a record shall be used for any monthly
period for which no history exists. The mayor shall give his/her best
effort to see that notice of each nonresidential customer’s
allocation is mailed to such customer. If, however, a customer does
not receive such notice, it shall be the customer’s responsibility
to contact the city to determine the allocation. Upon request of the
customer or at the initiative of the mayor, the allocation may be
reduced or increased if: (i) the designated period does not accurately
reflect the customer’s normal water usage; (ii) one nonresidential
customer agrees to transfer part of its allocation to another nonresidential
customer; or (iii) other objective evidence demonstrates that the
designated allocation is inaccurate under present conditions. A customer
may appeal an allocation established hereunder to the city council.
(D)
Industrial customers.
A monthly water allocation
shall be established by the mayor, or his/her designee, for each industrial
customer, which uses water for processing purposes. The industrial
customer’s allocation shall be approximately 70% of the customer’s
water usage baseline. Ninety (90) days after the initial imposition
of the allocation for industrial customers, the industrial customer’s
allocation shall be further reduced to 60% of the customer’s
water usage baseline. The industrial customer’s water use baseline
will be computed on the average water use for the 12-month period
ending prior to the date of implementation of stage 2 of the plan.
If the industrial water customer’s billing history is shorter
than 12 months, the monthly average for the period for which there
is a record shall be used for any monthly period for which no billing
history exists. The mayor shall give his/her best effort to see that
notice of each industrial customer’s allocation is mailed to
such customer. If, however, a customer does not receive such notice,
it shall be the customer’s responsibility to contact the city
to determine the allocation, and the allocation shall be fully effective
notwithstanding the lack of receipt of written notice. Upon request
of the customer or at the initiative of the mayor, the allocation
may be reduced or increased: (i) if the designated period does not
accurately reflect the customer’s normal water use because the
customer had shut down a major processing unit for repair or overhaul
during the period; (ii) the customer has added or is in the process
of adding significant additional processing capacity; (iii) the customer
has shut down or significantly reduced the production of a major processing
unit; (iv) the customer has previously implemented significant permanent
water conservation measures such that the ability to further reduce
water use is limited; (v) the customer agrees to transfer part of
its allocation to another industrial customer; or (vi) if other objective
evidence demonstrates that the designated allocation is inaccurate
under present conditions. A customer may appeal an allocation established
hereunder to the city council.
(Ordinance 133B, sec. IX, adopted 5/3/17)
(a)
No person shall knowingly or intentionally allow the use of water
from the city for residential, commercial, industrial, agricultural,
governmental, or any other purpose in a manner contrary to any provision
of this plan, or in 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 and,
upon conviction shall be punished by a fine of not less than fifty
dollars ($50.00) and not more than five [hundred] dollars ($500.00).
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 mayor shall, upon due
notice to the customer, be authorized to discontinue water service
to the premises where such violations occur. Services discontinued
under such circumstances shall be restored only upon payment of a
reconnection charge, and any other costs incurred by the city in discontinuing
service. In addition, suitable assurance must be given to the mayor
that the same action shall 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 a 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 that 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 property
within the parents’ 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)
An employee of the city, police officer, [sic] may issue a citation
to a person he/she reasonably believes to be in violation of this
article. 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 city municipal
court on the date shown on the citation for which the date shall not
be less than 3 days nor more than 10 days from the date the citation
was issued. The alleged violator shall be served a copy of the citation.
Service of the citation shall be complete upon delivery of the citation
to the alleged violator, to an agent or employee of a violator, or
to a person over 14 years of age who is a member of the violator’s
immediate family or is a resident of the violator’s residence.
The alleged violator shall appear in the city municipal court to enter
a plea of guilty or not guilty for the violation of this plan. If
the alleged violator fails to appear in the city municipal court,
a warrant for his/her arrest may be issued. A summons to appear may
be issued in lieu of an arrest warrant. These cases shall be expedited
and given preferential setting in the city municipal court before
all other cases.
(Ordinance 133B, sec. X, adopted 5/3/17)
(a)
The mayor, or his/her designee, may, in writing, grant temporary
variance for existing water uses otherwise prohibited under this plan
if it is determined that failure to grant such variance would cause
an emergency condition adversely affecting the health, sanitation,
or fire protection for the public or the person requesting such variance
and if one or more of the following conditions are met:
(b)
Persons requesting an exemption from the provisions of this article
shall file a petition for variance with the city within 5 days after
the plan or a particular drought response stage has been invoked.
All petitions for variances shall be reviewed by the mayor, or his/her
designee, and shall include the following:
(1)
Name and address of the petitioner(s).
(2)
Purpose of water use.
(3)
Specific provision(s) of the plan from which the petitioner is requesting
relief.
(4)
Detailed statement as to how the specific provision of the plan adversely
affects the petitioner or what damage or harm will occur to the petitioner
or others if petitioner complies with this article.
(5)
Description of the relief requested.
(6)
Period for which the variance is sought.
(7)
Alternative water use restrictions or other measures the petitioner
is taking or proposes to take to meet the intent of this plan and
the compliance date.
(8)
Other pertinent information.
(Ordinance 133B, sec. XI, adopted 5/3/17)
