The requirements of this article are to establish the city's
water conservation and drought contingency plan (the plan). Copies
of the ordinances and drought contingency plan will be available for
inspection or reproduction in the office of the city secretary and
on the city's website www.pflugervilletx.gov.
(Ordinance 1579-23-01-24 adopted 1/24/2023)
(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 regulations and restrictions on the delivery
and consumption of potable water set forth in this article.
(B)
Water uses regulated or prohibited under this plan are considered
to be nonessential and continuation of such uses are deemed to constitute
a waste of water which subjects the offender(s) to penalties as defined
in section 53.219 of this plan.
(C)
The city operates a reuse irrigation system that utilizes wastewater
effluent to provide water for irrigation. The use of effluent irrigation
water will not be affected by this plan.
(Ordinance 1579-23-01-24 adopted 1/24/2023)
The public was able to provide input into the preparation of
this plan during the public hearing that was held prior to city council
consideration of the ordinance adopting this plan.
(Ordinance 1579-23-01-24 adopted 1/24/2023)
The city will educate the public about conservation and drought
conditions by information distributed from the Water Conservation
Information Center located at the Public Works Department, 15500 Sun
Light Near Way #B or call (512) 990-6400. As trigger conditions approach,
the public will be notified through articles on the current conditions
and water conservation methods on the city's internet website.
(Ordinance 1579-23-01-24 adopted 1/24/2023)
The service area of the city is located within the Lower Colorado
Regional Water Planning Area and the city will provide a copy of this
plan to the regional water planning group. The city will comply with
firm water drought response requirements as required in the Lower
Colorado River Authority Water Management Plan.
(Ordinance 1579-23-01-24 adopted 1/24/2023)
The city manager 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 may initiate or terminate drought or other water supply emergency response measures as described in this plan (see section 53.211 water conservation guidelines).
(Ordinance 1579-23-01-24 adopted 1/24/2023)
The provisions of this plan apply to all persons, customers,
and property utilizing water provided by the city. The terms "person"
and "customer" as used in this plan includes individuals, corporations,
partnerships, associations, and all other legal entities.
(Ordinance 1579-23-01-24 adopted 1/24/2023)
For the purposes of this plan, the following definitions apply:
Water use for ornamental or decorative purposes such as fountains,
reflecting pools, and water gardens.
Any irrigation system connected to and being operated by
a programmable controller, including a permanently or temporarily
installed irrigation system.
Water use that is integral to the operations of commercial
and nonprofit establishments and governmental entities such as retail
establishments, hotels and motels, restaurants, and office buildings.
A municipal, business, or industrial building and the associated
landscaping, but does not include the fairways, greens, or tees of
a golf course.
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.
The day during which a person is permitted to irrigate outdoors as prescribed in section 53.211, water conservation guidelines.
The director of City of Pflugerville Water.
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.
Small diameter pressurized lines directly buried in the soil
to a nominal depth of six inches and containing pressure reducing
emitters to restrict water flow to a very low rate.
A strategy or combination of strategies for temporary supply
management and demand management responses to temporary and potentially
recurring water supply shortages and other water supply emergencies
required by Texas Administrative Code title 30, chapter 288, subchapter
B.
An application of water to the soils directly abutting the
foundation of a building, structure, or improvement on land.
An above-ground water distribution device that may be attached
to a garden hose.
The residential premises served by the customer's meter.
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, athletic fields, parks,
and rights-of-way and medians.
An irrigation system designed to require the manual operation
of valves or the attachment of quick-coupling device.
Property containing five or more dwelling units.
Vegetation:
Installed at the time of the construction of a residential or
commercial facility;
Installed as part of a governmental entity's capital improvement
project;
Installed to stabilize an area disturbed by construction; or
That alters more than 500 contiguous square feet of an existing
landscape.
An artificially created structure from which a jet, stream,
or flow of water emanates, and the water is not used for the preservation
of aquatic life.
A custom-made, site-specific system of delivering water generally
for landscape irrigation via a system of pipes or other conduits installed
below ground.
Any natural person or legal entity such as an individual,
business, partnership, association, firm, corporation, governmental,
or other natural, business, or legal entity that receives, requests,
manages, uses, maintains, or is responsible for water utility service
at a service address, whether or not the person or entity is a customer
or account holder of the City of Pflugerville Water Utilities.
Includes only those persons currently physically residing
at the premises and expected to reside there for the entire billing
period.
The outdoor area of property not enclosed by fencing or walls
or containing living areas, and not including areas for storing vehicles
or other motorized equipment.
A site with four or fewer dwelling units.
Any residential dwelling that is designed for, and inhabited
by, a single person or family unit.
A universally applicable above ground irrigation system that
uses a flexible hose or hardened pipe to deliver water to a moveable
water distribution device.
(Ordinance 1579-23-01-24 adopted 1/24/2023)
A person may not use or permit the use of water in a manner
that conflicts with the requirements of this article or in an amount
greater than permitted by this article.
(Ordinance 1579-23-01-24 adopted 1/24/2023)
(A)
Fees and charges assessed pursuant to this article shall be set by
city council under a separate ordinance or, where permitted, by the
director by rule.
(B)
Fees and charges associated with enforcement of this article shall
be clearly identified on the customer's utility billing invoice
or on the order assessing the fee or charge, except as where otherwise
provided by local ordinance or adopted rule.
(Ordinance 1579-23-01-24 adopted 1/24/2023)
(B)
An inspection of a residential property shall be conducted from:
(C)
If consent for entry necessary to conduct an inspection to determine
compliance with this article is required but denied, withdrawn, limited,
or impaired, the director or designee may seek any recourse available
under applicable law to obtain entry and inspection.
(D)
Conducting or failing to conduct an on-site inspection does not impose
liability on the city, a city officer or employee, or a city representative
for damage to a person or property.
(Ordinance 1579-23-01-24 adopted 1/24/2023)
(B)
The city manager shall update the guidelines if the city manager
determines that changed conditions of the city's water supply
system, regulatory obligations, or other environmental or situational
factors warrant or necessitate guideline adjustment.
(C)
The city manager may order that the water use restrictions of drought
response stage one regulations, drought response stage two regulations,
drought response stage three regulations, or water rationing take
effect after determining that the order is necessary to protect the
public health, safety, or welfare. The city manager may base a conservation,
drought, or emergency stage declaration or termination on any condition,
occurrence, factor, or an assessment of all relevant circumstances
that in the judgment of the city manager support such action for any
lawful purpose. The order is effective immediately following official
public notice.
(D)
Water use regulations of section 53.216 (drought response stages) remain in effect until such time as the city manager orders termination of the stage in accordance with subsection (C) (water conservation guidelines). Unless a drought or emergency stage is expressly declared by order of the city manager, water use regulations of the section 53.216 (drought response stage) automatically resume by default immediately upon any ordered termination of any drought or emergency stage.
(E)
Any outdoor water use subject to the provisions of this article shall
occur only on a day designated for the applicable water use activity,
property/facility type, and street number address classification indicated
in the following tables. A person may not conduct, authorize, or permit
outdoor water use except in accordance with the designation schedule
set out in the following tables. In the following tables, "even" or
"odd" correspond to the street number of the physical property address
where the outdoor water use occurs. The tables below shall be referred
to as "the outdoor water use schedule."
|
Watering Schedule for Conservation Stage
| |
|---|---|
|
Property type
|
Watering day
|
|
Residential property - even
|
Thursday and Sunday
|
|
Residential property - odd
|
Wednesday and Saturday
|
|
Commercial/multifamily facilities
|
Tuesday and Friday
|
|
Public/private schools
|
Monday and Friday
|
|
Watering Schedule for Drought Response Stage 1 and Stage 2
| |
|---|---|
|
Property type
|
Watering day
|
|
Residential property - addresses ending in 0 or 1
|
Monday
|
|
Residential property - addresses ending in 2 or 3
|
Tuesday
|
|
Residential property - addresses ending in 4 or 5
|
Wednesday
|
|
Residential property - addresses ending in 6 or 7
|
Thursday
|
|
Residential property - addresses ending in 8 or 9
|
Friday
|
|
Commercial/multifamily facilities
|
Saturday
|
|
Public/private schools
|
Sunday
|
(F)
The director may order temporary modification or adjustment to the
outdoor water use schedule in the event of an unusual water system
operational event, catastrophic occurrence, severe weather event,
or other emergency, disaster situation, or occurrence necessitating
the adjustment. A temporary modification or adjustment to the outdoor
water use schedule shall be effective immediately upon official public
notice and shall continue in effect for a period not to exceed fifteen
(15) consecutive days. The director shall provide official public
notice of the date upon which any temporary modification or adjustment
to the outdoor water use schedule expires and the standard outdoor
water use schedule resumes.
(G)
The director shall monitor the daily supply and demand for water
and make recommendations to the city manager about whether or when
to implement or terminate water use restrictions in accordance with
the drought contingency plan in effect and kept on file with the city's
water utilities or when relevant to any other circumstances affecting
continuity of service or public health, safety, or welfare.
(Ordinance 1579-23-01-24 adopted 1/24/2023)
(A)
Exemptions under this subsection apply to section 53.216 drought response stages and are:
(1)
The use of water necessary to protect the health, safety, or
welfare of the public;
(2)
The use of reclaimed or auxiliary water that is not supplemented
by or mixed with potable water supplied by the city's water utility;
(3)
Necessary use of water for lawful repair of a water distribution
facility, flushing of utility lines or residential or commercial plumbing
lines;
(4)
Necessary use of water, other than for landscape irrigation,
for a governmental entity performing a governmental function, including
a capital improvement construction project;
(5)
Use of water, other than for landscape irrigation, necessary
to meet express requirements of federal, state, or local permits related
to land development that include but are not limited to roadway base
preparation, dust control, maintenance of trees subject to preservation
restrictions or requirements, concrete or asphalt work, or modification
or construction of improvements;
(6)
Necessary washing or sanitizing to prevent public health or
disease transmission risk associated with liquid, solid, or particulate
residue in or on vehicles, containers, or equipment lawfully used
to maintain, process, or transport food, perishables, garbage, liquid
or solid waste, organic materials, or recyclables; or
(7)
Water use immediately necessary for or related to firefighting,
fire prevention, or fire suppression activity or operations conducted
because of actual risk to public or environmental health, safety,
or welfare, life, or property associated with the presence of an uncontrolled
fire on or approaching any person or property.
(B)
The following activities shall be exempt from the application of section 53.216 water conservation stage, drought response stage one regulations, and drought response stage two regulations.
(1)
Outdoor irrigation.
(a)
Using drip irrigation;
(b)
Vegetable gardens using a soaker hose;
(c)
Athletic fields used for organized sports practice, competition,
or exhibition events when the irrigation is necessary to protect the
health and safety of the players, staff, or officials present for
the athletic event;
(d)
Immediately following a commercial lawn treatment application
by an applicator who possesses required licensure as applicable for
use of such substances including fertilizer, pesticides, and herbicides,
provided receipts documenting such application and the applicator's
credentials are provided upon request to a designee of the director;
or
(e)
Plant material at a commercial nursery.
(2)
Water use.
(a)
Necessary for repair or installation of a permanently or temporarily
installed landscape irrigation system when the person performing the
irrigation work is present in the area of irrigation; or
(b)
Necessary for the repair, testing, or installation of an ornamental
fountain when the person performing the testing, repair or installation
is present.
(C)
The following activities shall be exempt from the application of section 53.216 water conservation stage and drought response stage one regulations requirements:
(1)
Water use necessary to comply with federal, state, or local
land development permits requiring the establishment of new landscaping
between the hours of 7:00 p.m. to 10:00 a.m.; and
(2)
Irrigation of areas documented on a city-approved and released
site plan as golf course fairways, greens, or tees.
(Ordinance 1579-23-01-24 adopted 1/24/2023)
This section prohibits the waste of water year-round.
(A)
(B)
It is an affirmative defense to a charge of a violation of subsection (A) that the act or omission charged in the complaint occurred during necessary repair, testing, or calibration of a new or existing irrigation or plumbing system, that the person performing the system testing, repair, or calibration was present at the site at the time of the act or omission charged in the complaint, and that the irrigation or plumbing system and its testing, repair, or calibration work at issue complied at the time with all applicable regulations, permit and development approval requirements.
(C)
It is an affirmative defense to a charge of a violation of subsection (A)(1) that the property where the leak occurred has been officially accepted into a government-assisted housing repair program, the condition is within the scope of repairs the government has agreed to fund or repair, and the person charged with the violation or the property where the violation occurs is not in default of any obligation of the government-assistance housing repair program at the time of the violation charged.
(Ordinance 1579-23-01-24 adopted 1/24/2023)
(A)
This article applies to a person who uses, directs, manages, or allows
the use of potable water supplied by the city. This article does not
apply to a person when the person only uses, directs, manages, or
allows the use of auxiliary water or reclaimed water.
(B)
It is an affirmative defense to a violation of this article that
the use of water that gave rise to the violation was consistent with
the agreed upon terms and conditions of a water service contract with
a wholesale water customer and that the use did not constitute a waste
of water.
(C)
It is an affirmative defense to a violation of this article that
the use of water that gave rise to the violation properly utilized
solely auxiliary water, and did not endanger public health, safety,
or property.
(D)
It is an affirmative defense to a violation of this article that the use of water that gave rise to the violation properly utilized solely reclaimed water, did not endanger public health, safety, or property, and did not constitute a waste of water in accordance with section 53.213 (waste of water prohibited).
(E)
It is an affirmative defense to a violation of this article that
the act or omission that gave rise to the violation occurred solely
because a documented emergency that prevented strict compliance, and
that the act or omission did not disrupt the availability of adequate
water for other public emergency response or firefighting or fire
suppression purposes.
(Ordinance 1579-23-01-24 adopted 1/24/2023)
The triggering criteria described below are based on the statistical
analysis of the vulnerability of the city's water source under
drought of record conditions.
(B)
Stage 1 - moderate water shortage conditions.
(1)
Requirements for initiation.
Customers shall comply
with the requirements and restrictions defined in section 53.216(B)
of this plan, when the average daily water consumption reaches 80%
of production distribution capacity for a period of three consecutive
days, or the combined storage of the Highland Lakes falls to 1,200,000
acre-feet or Lake Pflugerville is down to its 633 elevation from March
1st through October 31st.
(2)
Requirements for termination.
Stage 1 of this
plan may be rescinded by the city manager when all of the conditions
listed as triggering events have ceased to exist for a period of 3
consecutive days or by the city council if any of the conditions listed
as triggering events, other than requirements imposed by the city's
wholesale water contract with the Lower Colorado River Authority,
have ceased to exist and the city council finds that termination of
the drought response stage 2 will not adversely affect the public
health, safety or welfare. Upon termination of stage 1, water conservation
stage becomes operative.
(C)
Stage 2 - severe water shortage conditions.
(1)
Requirements for initiation.
Customers shall comply
with the requirements and restrictions defined in section 53.216(C)
of this plan when the average daily water consumption reaches 90%
of production/distribution capacity for a period of 3 consecutive
days; or the combined storage of the Highland Lakes falls to 700,000
acre-feet or Lake Pflugerville is down to its 630 elevation or the
city manager determines that stage 2 implementation is necessary to
protect the city's water supply for essential usages. No variances
will be granted during stage 2 severe water shortage conditions.
(2)
Requirements for termination.
Stage 2 of this
plan may be rescinded by the city manager when all of the conditions
listed as triggering events have ceased to exist for a period of 3
consecutive days or by the city council if any of the conditions listed
as triggering events, other than requirements imposed by the city's
wholesale water contract with the Lower Colorado River Authority,
have ceased to exist and the city council finds that termination of
the drought response stage 3 will not adversely affect the public
health, safety or welfare. Upon termination of stage 2, the city will
determine what stage will become operative, based on current lake
levels.
(D)
Stage 3 - emergency water shortage conditions.
(1)
Requirements for initiation.
Customers shall comply
with the requirements and restrictions defined in section 53.216(D)
of this plan when the city manager determines that a water supply
emergency exists based on:
(a)
The combined storage of the Highland Lakes reaches 600,000 acre-feet
or Lake Pflugerville is down to its 625 elevation;
(b)
Major water line breaks, or pump or system failures occur, and
cause unexpected loss of capability to provide water service;
(c)
System demand exceeds available high service pump capacity;
(d)
There is detection of accidental or intentional contamination
of the water system;
(e)
There is detection of water systems failure from acts of God
(e.g., tornados, hurricanes, etc.) or man;
(f)
A mechanical failure of pumping equipment occurs during a moderate
drought and will require more than 12 hours to repair; or
(g)
Implementation is necessary under the city's wholesale
water contract with the Lower Colorado River Authority.
(2)
Requirements for termination.
Stage 3 of this
plan may be rescinded by the city manager when all of the conditions
listed as triggering events have ceased to exist for a period of 3
consecutive days or the emergency condition no longer exists or by
the city council if any of the conditions listed as triggering events,
other than requirements imposed by the city's wholesale water
contract with the Lower Colorado River Authority, have ceased to exist
and the city council finds that termination of the drought response
stage 3 will not adversely affect the public health, safety or welfare.
(E)
Water rationing.
(1)
Requirements for initiation.
Customers must comply
with the water allocation plan prescribed in section 53.217 of
this plan and comply with the requirements and restrictions for stage
3 of this plan when the city manager determines that water rationing
is necessary.
(2)
Requirements for termination.
Water rationing
may be rescinded when all of the conditions listed warranting water
rationing have ceased to exist for a period of 3 consecutive days.
(Ordinance 1579-23-01-24 adopted 1/24/2023)
The public works department will monitor water supply and/or demand conditions on a daily basis and, in accordance with the triggering criteria set forth in section 53.215 of this plan, will recommend to the city manager the extent of the conservation required through the implementation or termination of particular conservation stages in order for the city to prudently plan for and supply water to its customers. The city manager may order the appropriate stage of water conservation implemented or terminated in accordance with the applicable provisions of this article by public notification. The conservation stage will take effect immediately upon public notification:
(A)
Conservation stage.
(1)
Goal.
Achieve reduction in water usage year-round.
(2)
Supply management measures.
The city shall comply
with the conservation guidelines year-round.
(3)
Required water use restrictions.
(a)
This section prescribes water conservation regulations and applies during the periods prescribed by section 53.211 (water conservation guidelines).
(b)
A person may not irrigate outdoors at a residential facility
or a commercial facility except on a designated outdoor water use
day for the location.
(c)
Outdoor irrigation is permitted if it is by means of a handheld
hose equipped with a positive shutoff nozzle, a faucet-filled bucket
or watering can of five gallons or less.
(d)
A person may not irrigate outdoors at a residential facility
or a commercial facility between the hours of 10:00 a.m. and 7:00
p.m., even if the irrigation occurs on a designated outdoor water
use day for the location.
(e)
A person may not operate a patio mister at a commercial facility
except between the hours of 4:00 p.m. and midnight.
(f)
A person may not use or allow the use of water to wash or rinse
an automobile, truck, trailer, boat, airplane, motorcycle, or other
mobile equipment or vehicle, unless using a hose with a positive shutoff
valve or a single, refillable vessel with water. A person commits
a separate offense for each vehicle or piece of equipment washed in
violation of this subsection. It is an affirmative defense to a violation
of this subsection that the water use occurred at a vehicle wash facility
for the water use charged in the complaint.
(g)
A person may not use or allow the use of water to wash, rinse,
or treat any outdoor surface, including but not limited to a sidewalk,
driveway, parking area, street, tennis court, patio, or other paved
area or outdoor building surface, unless using a hose with a positive
shutoff valve or a single, refillable vessel with water. A person
commits a separate offense for each outdoor surface washed in violation
of this subsection.
(4)
Prohibited waste of water.
Waste of water (section 53.213) is prohibited year-round regardless of stage restrictions.
(5)
Notwithstanding the prohibitions in this section, irrigation
of new landscape installation is permitted. In that event, irrigation
may only occur during the hours permitted under subsection (A)(3)
and in accordance with the following 30-day irrigation schedule:
(B)
Stage 1 - moderate water shortage conditions.
(1)
Goal.
Achieve a 10 percent reduction in average
daily water use (e.g., total water use, daily water demand, etc.).
(2)
Supply management measures.
The city will reduce
or discontinue flushing of water mains; reduce or discontinue irrigation
of public landscaped areas; use an alternative water supply source,
where possible; and use reclaimed water for nonpotable purposes, where
possible. The city will comply with the water use restrictions for
stage 1 when stage 1 is implemented.
(3)
Water use restrictions.
(a)
A person may not irrigate outdoors at a residential facility
or a commercial facility except on a designated outdoor water use
day for the location.
(b)
Outdoor irrigation is permitted by a permanently installed automatic
irrigation system before 8:00 a.m. and after 7:00 p.m. on an outdoor
water use day as designated by the city.
(c)
Outdoor irrigation is permitted if it is by means of a handheld
hose equipped with a positive shutoff nozzle, a faucet-filled bucket
or watering can of five gallons or less on a designated outdoor water
use day before 10:00 a.m. or after 7:00 p.m.
(d)
Outdoor irrigation is permitted by a hose end sprinkler, or
a soaker hose, before 8:00 a.m. and after 7:00 p.m. on an outdoor
water use day as designated by the city.
(e)
Use of water to wash any motor vehicle, motorbike, boat, trailer,
airplane or other vehicle is prohibited except on designated watering
days before 10:00 a.m. and after 7:00 p.m. Such washing, when allowed,
must be done with a handheld bucket or a handheld hose equipped with
a positive shutoff nozzle. This restriction does not apply to a commercial
carwash or a commercial service station or if washing is necessary
to protect the health, safety, and welfare of the public. Charity
carwashes are prohibited without a permit approved by the city.
(f)
Watering the ground around a foundation to prevent foundation
cracking is permitted.
(g)
Use of water to fill, refill, or add to any indoor or outdoor
swimming pools, wading pools, or Jacuzzi-type pools is permitted.
(h)
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.
(i)
A person may not operate a patio mister at a commercial facility
except between the hours of 4:00 p.m. and midnight.
(j)
Use of water from hydrants will be limited to firefighting and
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 under a permit
for construction water from the city.
(k)
Use of water for the irrigation of golf course greens, tees,
and fairways is prohibited except on designated watering days before
8:00 a.m. and after 7:00 p.m. However, if the golf course utilizes
an irrigation water source other than potable water obtained from
the utility provider's water distribution system, the facility
will not be subject to these regulations.
(l)
All restaurants are prohibited from serving water to their customers
except upon the customer's request.
(m)
A person may not use or allow the use of water to wash, rinse,
or treat any outdoor surface, including but not limited to a sidewalk,
driveway, parking area, street, tennis court, patio, or other paved
area or outdoor building surface, unless using a hose with a positive
shutoff valve or a single, refillable vessel with water on the person's
designated watering day. A person commits a separate offense for each
outdoor surface washed in violation of this subsection.
(4)
Prohibited waste of water.
Waste of water (section 53.213) is prohibited year-round regardless of stage restrictions.
(5)
Notwithstanding the prohibitions in this section, irrigation
of new landscape installation is permitted. In that event, irrigation
may only occur during the hours permitted under subsection (B)(3)
and in accordance with the following 30-day irrigation schedule:
(C)
Stage 2 - severe water shortage conditions.
(1)
Goal.
Achieve a 25 percent reduction in average
daily water usage (e.g., total water use, daily water demand, etc.).
(2)
Supply management measures.
The city will reduce
or discontinue flushing of water mains; reduce or discontinue irrigation
of public landscaped areas; use an alternative water supply source,
where possible; and use reclaimed water for nonpotable purposes, where
possible. The city must comply with the water use restrictions for
stage 2 when stage 2 is implemented.
(3)
Water use restrictions.
(a)
A person may not irrigate outdoors at a residential facility
or a commercial facility except on a designated outdoor water use
day for the location.
(b)
Outdoor irrigation is permitted by a permanently installed automatic
irrigation system before 8:00 a.m. and after 7:00 p.m. on an outdoor
water use day as designated by the city.
(c)
Outdoor irrigation is permitted if it is by means of a handheld
hose equipped with a positive shutoff nozzle, a faucet-filled bucket
or watering can of five gallons or less on a designated outdoor water
use day before 10:00 a.m. or after 7:00 p.m.
(d)
Outdoor irrigation is permitted by a hose end sprinkler, or
a soaker hose, before 8:00 a.m. and after 7:00 p.m. on an outdoor
water use day as designated by the city.
(e)
Use of water to wash any motor vehicle, motorbike, boat, trailer,
airplane or other vehicle is prohibited. This restriction does not
apply to a commercial carwash or a commercial service station or if
washing is necessary to protect the health, safety, and welfare of
the public.
(f)
Charity carwashes are prohibited without a permit approved by
the city.
(g)
Watering the ground around a foundation to prevent foundation
cracking is only permitted on a residents designated outdoor water
use day before 10:00 a.m. or after 7:00 p.m.
(h)
Use of water to fill, refill, or add to any indoor or outdoor
swimming pools, wading pools, or Jacuzzi-type pools is permitted.
(i)
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.
(j)
A person may not operate a patio mister at a commercial facility
is prohibited.
(k)
Use of water from hydrants will be limited to firefighting and
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 under a permit
for construction water from the city.
(l)
Use of water for the irrigation of golf course greens, tees,
and fairways is prohibited except on designated watering days before
8:00 a.m. and after 7:00 p.m. However, if the golf course utilizes
an irrigation water source other than potable water obtained from
the utility provider's water distribution system, the facility
will not be subject to these regulations.
(m)
All restaurants are prohibited from serving water to their customers
except upon the customer's request.
(n)
A person may not use or allow the use of water to wash, rinse,
or treat any outdoor surface, including but not limited to a sidewalk,
driveway, parking area, street, tennis court, patio, or other paved
area or outdoor building surface, unless using a hose with a positive
shutoff valve or a single, refillable vessel with water. A person
commits a separate offense for each outdoor surface washed in violation
of this subsection.
(4)
Prohibited waste of water.
Waste of water (section 53.213) is prohibited year-round regardless of stage restrictions.
(5)
Notwithstanding the prohibitions in this section, irrigation
of new landscape installation is permitted. In that event, irrigation
may only occur during the hours permitted under subsection (D)(3)
and in accordance with the following 30-day irrigation schedule:
(D)
Stage 3 - emergency water shortage conditions.
(1)
Goal.
Achieve a 30 percent reduction in average
daily water use (e.g., total water use, daily water demand, etc.)
from a rolling 12-month period.
(2)
Supply management measures.
The city must reduce
or discontinue flushing of water mains; reduce or discontinue irrigation
of public landscaped areas; use an alternative water supply source,
where possible; and use reclaimed water for nonpotable purposes, where
possible. The city must comply with the water use restrictions for
stage 3 when the restrictions are implemented.
(3)
Water use restrictions.
(a)
All outdoor irrigation is prohibited.
(b)
Use of water to wash any motor vehicle, motorbike, boat, trailer,
airplane or other vehicle is prohibited. This restriction does not
apply to a commercial carwash or a commercial service station or if
washing is necessary to protect the health, safety, and welfare of
the public.
(c)
Charity carwashes are prohibited.
(d)
Watering the ground around a foundation to prevent foundation
cracking is prohibited.
(e)
Use of water to fill, refill, or add to any indoor or outdoor
swimming pools, wading pools, or Jacuzzi-type pools is prohibited.
(f)
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.
(g)
A person may not operate a patio mister at a commercial facility.
(h)
Use of water from hydrants will be limited to firefighting and
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 under a permit
for construction water from the city.
(i)
Use of water for the irrigation of golf course greens, tees,
and fairways is prohibited. However, if the golf course utilizes an
irrigation water source other than potable water obtained from the
utility provider's water distribution system, the facility will
not be subject to these regulations.
(j)
All restaurants are prohibited from serving water to their customers
except upon the customer's request.
(k)
A person may not use or allow the use of water to wash, rinse,
or treat any outdoor surface, including but not limited to a sidewalk,
driveway, parking area, street, tennis court, patio, or other paved
area or outdoor building surface. A person commits a separate offense
for each outdoor surface washed in violation of this subsection.
(l)
No applications for building permits for new pools or irrigation
facilities other than drip irrigation systems will be allowed or approved.
(4)
Prohibited waste of water.
Waste of water (section 53.213) is prohibited year-round regardless of stage restrictions.
(5)
Irrigation of new landscape installations are prohibited.
(Ordinance 1579-23-01-24 adopted 1/24/2023)
If water shortage conditions threaten public health, safety,
and welfare, the city manager may ration water according to the following
water allocation plan:
(A)
Single-family residential customers.
(1)
The allocation to residential water customers residing in a
single-family dwelling will 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
|
(2)
It will be assumed that a particular customer's household
is comprised of two persons unless the customer notifies the city
of a greater number of persons per household on a form prescribed
by the city manager. The city manager will use best efforts to see
that the forms are mailed, otherwise provided, or made available to
every residential customer. If, however, a customer does not receive
such a form, it will be the customer's responsibility to go to
the city utility billing offices to complete and sign the form claiming
more than two 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 manager. 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
must notify the city in writing within two days.
(3)
Any person who 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 commits a class C misdemeanor offense and may
be fined not less than $50.00 and more than $500.00. No culpable mental
state is required to prove this offense. However, if it is shown on
the trial of the offense that the offense was committed intentionally,
knowingly, recklessly, or with criminal negligence then the person
may be fined not more than $2,000.00.
(4)
Residential water customers who exceed their monthly allocation
of water will pay the following surcharges:
(a)
For every 100 gallons used over the monthly water allocation,
customers will pay 150% of the normal volume charge for 25,001 gallons
and up.
(5)
Surcharges shall be cumulative, added to the monthly utility
bill, and subject to late payment penalties including suspension of
services.
(B)
Master-metered multifamily residential customers.
(1)
A customer billed from a master meter that jointly measures
water to multiple permanent residential dwelling units (e.g., apartments,
mobile homes) will be allocated 6,000 gallons per month for each dwelling
unit. All master meter customers shall notify the city of the number
of dwelling units served from the master meter on a form prescribed
by the city manager. The city will use best efforts to see that the
forms are mailed, otherwise provided, or made available to every customer.
If, however, a customer does not receive a form, it will be the customer's
responsibility to go to the city utility billing offices to complete
and sign the form claiming the number of dwelling units. 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 manager. If the
number of dwelling units served by a master meter is reduced, the
customer must notify the city in writing within two days. In prescribing
the method for claiming more than two dwelling units, the city manager
will adopt methods to ensure the accuracy of the claim.
(2)
Any person who 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 persons in a household commits a class C misdemeanor
offense and may be fined not less than $500.00. No culpable mental
state is required to prove this offense. However, if it is shown on
the trial of the offense that the offense was committed intentionally,
knowingly, recklessly, or with criminal negligence then the person
may be fined not more than $2,000.00.
(3)
Customers billed from a master meter under this provision who
exceed their monthly allocations must pay the following monthly surcharges:
(a)
For every 100 gallons used over the monthly water allocation,
customers will pay 150% of the normal volume charge for 25,001 gallons
and up for each dwelling unit.
(4)
Surcharges shall be cumulative, added to the monthly utility
bill, and subject to late payment penalties including suspension of
services.
(C)
Commercial customers.
(1)
A monthly water usage allocation will be established by the
city for each nonresidential commercial customer other than an industrial
customer who uses water for processing purposes. The nonresidential
customer's allocation will be 75% of the customer's usage
for corresponding month's billing period for the immediately
preceding 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 will be used for any monthly period for which no history
exists. Provided, however, a customer, 75% of whose monthly usage
is less than 6,000 gallons, will be allocated 6,000 gallons. The city
will use best efforts to see that notice of each nonresidential customer's
allocation is mailed to each customer. If, however, a customer does
not receive the notice, it will be the customer's responsibility
to contact the city utility billing offices to determine the allocation.
Upon request of the customer or at the initiative of the city, the
allocation may be reduced or increased if: (a) the designated period
does not accurately reflect the customer's normal water usage;
(b) one nonresidential customer agrees to transfer part of its allocation
to another nonresidential customer in a binding agreement satisfactory
to the city; or (c) other objective evidence demonstrates that the
designated allocation is inaccurate under present conditions. A customer
may appeal the request for allocation decision to the city manager.
(2)
Nonresidential commercial customers who exceed monthly allocation
must pay the following surcharges:
(a)
Customers whose allocation is 0 gallons through 10,000 gallons
per month: For every 100 gallons used over the monthly water allocation,
customers will pay 150% of the normal volume charge for 25,001 gallons
and up.
(b)
Customers whose allocation is 10,001 gallons per month or more:
For every 100 gallons used over the monthly water allocation, customers
will pay 200% of the normal volume charge for 25,001 gallons and up.
(3)
Surcharges shall be cumulative, added to the monthly utility
bill, and subject to late payment penalties including suspension of
services.
(D)
Industrial customers.
(1)
A monthly water usage allocation will be established by the
city for each industrial customer. The industrial customer's
allocation will be approximately 90% of the customer's water
usage baseline as defined below. Ninety days after the initial imposition
of the allocation for industrial customers, the industrial customer's
allocation will be further reduced to 80% of the customer's water
usage baseline. The industrial customer's water usage baseline
will be computed on the average water usage for the immediately preceding
12-month period. 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 will be used for any monthly period for which
no billing history exists. The city will use best efforts to see that
notice of each industrial customer's allocation is mailed to
each customer. If, however, a customer does not receive the notice,
it will be the customer's responsibility to contact the city
utility billing offices to determine the allocation, and the allocation
will be fully effective notwithstanding the lack of receipt of written
notice. Upon request of the customer or at the initiative of the city,
the allocation may be reduced or increased if: (a) the designated
period does not accurately reflect the customer's normal water
usage because the customer had shutdown a major processing unit for
repair or overhaul during the period; (b) the customer has added or
is in the process of adding significant additional processing capacity;
(c) the customer has shutdown or significantly reduced the production
of a major processing unit; (d) the customer has previously implemented
significant permanent water conservation measures such that the ability
to further reduce usage is limited; (e) the customer agrees to transfer
part of its allocation to another industrial customer in a binding
document satisfactory to the city; or (f) 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 manager.
(2)
Industrial customers who exceed monthly allocation must pay
the following surcharges:
(a)
Customers whose allocation is 0 gallons through 20,000 gallons
per month: For every 100 gallons used over the monthly water allocation,
customers will pay 200% of the normal volume charge for 25,001 gallons
and up.
(b)
Customers whose allocation is 20,001 gallons per month or more:
For every 100 gallons used over the monthly water allocation, customers
will pay 250% of the normal volume charge for 25,001 gallons and up.
(3)
Surcharges shall be cumulative, added to the monthly utility
bill, and subject to late payment penalties including suspension of
services.
(Ordinance 1579-23-01-24 adopted 1/24/2023)
(B)
Each day or part of the day during which the violation is committed
or continued is a separate offense.
(C)
An offense under this article is punishable by a fine not to exceed
$2,000.00.
(Ordinance 1579-23-01-24 adopted 1/24/2023)
(A)
For purposes of this article, the person or customer in whose name
the utility billing office 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 received from the city for residential,
commercial, industrial, agricultural, governmental or any other purpose
in a manner contrary to any provision of this article and proof that
the violation occurred on the person's or customer's property
shall constitute a rebuttal presumption that the person or customer
committed the violation.
(B)
Each act of city water use in violation of this article shall constitute
and be punishable as a separate offense. Each day that any violation
continues shall constitute and be punishable as a separate offense.
Unless another penalty is specifically provided by this code or by
state law, the penalty for violation of any provision of this article
shall be as follows:
(1)
For violations of section 53.216(A) conservation stage, the city's water utility may issue a fine up to $500.00.
(2)
For violations of section 53.216(B) stage 1 restrictions, the city's water utility may issue a fine of $500.00 to $1,000.00.
(C)
If a person is convicted for three or more violations of this article
within a 12-month period, water service may be disconnected or restricted.
(D)
If the violation constitutes a waste of water and the waste of water
is not and will not become a hazard to public safety, a city worker
shall leave a notice of the violation at the customers residence and
attempt to contact the customer by phone, e-mail, or at their residence.
If the waste of water continues for more than 24 hours after the waste
of water violation notice has been delivered, a city worker may enter
the customers property to turn off the customers' water. A notice
that the water has been turned off shall be left at the customers
residence.
(E)
If the violation constitutes a waste of water, a city worker shall
attempt to contact the customers by phone, e-mail, or at their residence.
If the waste of water is or soon will be a hazard to public safety
a city employee may enter the customers property to turn off the customers'
water. A notice that the water has been turned off shall be left at
the customers residence.
(F)
Proof of a culpable mental state is not required for a conviction
of an offense under this article.
(Ordinance 1579-23-01-24 adopted 1/24/2023)
(A)
A review board consisting of the city staff members appointed by
the city manager will be established on May 1st of each year. The
review board will review hardship and special cases that cannot strictly
comply with this article to determine whether the cases warrant a
variance, permit, or compliance agreement (collectively, "variance").
(B)
All applications for a variance must be submitted to the review board
on an "application for variance/permit/compliance agreement" form
and must include a nonrefundable fee of $200.00 and the following:
(1)
Name and address of the petitioner(s);
(2)
Purpose of water use;
(3)
Specific provision(s) of this plan from which the petitioner
is requesting relief;
(4)
Detailed statement as to how the specific provision of this
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 of time 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; and
(8)
Other pertinent information.
(C)
The review board will make a determination no later than the 5th
working day after receipt of a properly completed "application for
variance/permit/compliance agreement" form and the nonrefundable administrative
fee of $200.00 is received by the review board.
(D)
Until the review board has acted on an application, the applicant
must comply with all provisions of this article. The review board
may not approve a variance if the terms and conditions do not meet
or exceed the purpose and intent of this article.
(E)
A variance may be granted only for reasons of economic hardship or
health conditions substantiated by a licensed physician. In this section,
"economic hardship" means an imminent threat to a person's or
entities primary source of income. If the review board determines
there is an economic hardship, it may authorize the implementation
of alternative water use restrictions that further the purposes of
this plan. The alternative water use restrictions must be set forth
on the face of the variance and the customer must keep a copy of the
variance in a location that is accessible by and visible to the public.
Inconvenience or the potential for damage to landscaping does not
constitute an economic hardship under this section. No variances may
be granted while the city is in stage 2 of this plan or higher.
(F)
The review board may, in writing, grant a temporary variance for
existing water uses otherwise prohibited under this plan if it determines
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 either of
the following conditions are met:
(G)
Variances granted by the city are subject to the following conditions,
unless waived or modified by the review board:
(H)
A variance may not be retroactive or otherwise justify any violation
of this plan occurring before the variance is issued.
(Ordinance 1579-23-01-24 adopted 1/24/2023)
Each wholesale customer of the city must develop and implement
a water conservation plan or water conservation measures using the
applicable elements in this plan. If the wholesale customer intends
to resell the water, then the contract between the city and the wholesale
customer must provide that the contract for the resale of the water
must have water conservation requirements so that each successive
customer in the resale of the water will be required to implement
water conservation measures in accordance with applicable provision
of this plan.
(Ordinance 1579-23-01-24 adopted 1/24/2023)
(A)
In the event that the triggering criteria specified in section 53.215
of this article have been met, the city manager is hereby authorized
initiate allocation of water supplies on a pro rata basis in accordance
with Texas Water Code, section 11.039 and according to the following
water allocation policies and procedures:
(1)
A wholesale customer's monthly allocation shall be a percentage
of the customer's water usage baseline. The percentage will be
set by resolution of the city council based on the city manager's
assessment of the severity of the water shortage condition and the
need to curtail water diversions and/or deliveries and may be adjusted
periodically by resolution of the city council as conditions warrant.
Once pro rata allocation is in effect, water diversions by or deliveries
to each wholesale customer shall be limited to the allocation established
for each month.
(2)
A monthly water usage allocation shall be established by the
city manager, or his/her designee, for each wholesale customer. The
wholesale customer's water usage baseline will be computed on
the average water usage by month for the 36-month period immediately
prior to the implementation of the computation. If the wholesale water
customer's billing history is less than 36 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.
(3)
The city shall provide notice, by certified mail, to each wholesale
customer informing them of their monthly water usage allocations and
shall notify the news media and the executive director of the Texas
Commission on Environmental Quality upon initiation of pro rata water
allocation.
(4)
Upon request of the customer or at the initiative of the city,
the allocation may be reduced or increased if: (a) the designated
period does not accurately reflect the wholesale customer's normal
water usage; (b) the customer agrees to transfer part of its allocation
to another wholesale customer; or (c) 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.
(B)
The requirements of this section must be included in any contract
that is entered into, renewed or amended after the effective date
of this section.
(Ordinance 1579-23-01-24 adopted 1/24/2023)
If any provision of this plan is illegal, invalid, or unenforceable
under present or future laws, the remainder of this plan will not
be affected and, in lieu of each illegal, invalid, or unenforceable
provision, a provision as similar in terms to the illegal, invalid,
or unenforceable provision as is possible and is legal, valid, and
enforceable will be added to this plan.
(Ordinance 1579-23-01-24 adopted 1/24/2023)
