(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.
(b) 
Water uses regulated or prohibited under this drought contingency plan (the plan) are considered to be nonessential and continuation of such uses during times of water shortage or other emergency water supply condition are deemed to constitute a waste of water which subjects the offender(s) to penalties.
(Ordinance 00-47, exh. A, sec. 1, adopted –/–/00; Ordinance 24-171 adopted 7/22/2024)
Opportunity for the public to provide input into the preparation of the plan was provided by the city by means of scheduling and providing public notice of a public meeting held to accept input on the plan.
(Ordinance 00-47, exh. A, sec. 2, adopted –/–/00; Ordinance 24-171 adopted 7/22/2024)
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 inserts, newspaper announcements, or other means as necessary.
(Ordinance 00-47, exh. A, sec. 3, adopted –/–/00; Ordinance 24-171 adopted 7/22/2024)
The service area of the city is located within the Planning Region "C" as established by the state water development board. The city has provided a copy of this plan to the region and to the water development board.
(Ordinance 00-47, exh. A, sec. 4, adopted –/–/00; Ordinance 24-171 adopted 7/22/2024)
The mayor, utility director, or a designee of the mayor or utility director 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 designated officials or their designee shall have the authority to initiate or terminate drought or other water supply emergency response measures as described in this plan.
(Ordinance 00-47, exh. A, sec. 5, adopted –/–/00; Ordinance 24-171 adopted 7/22/2024)
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 00-47, exh. A, sec. 6, adopted –/–/00; Ordinance 24-171 adopted 7/22/2024)
For the purposes of this plan, the following definitions shall apply:
Aesthetic water use.
Water use for ornamental or decorative purposes such as fountains, reflecting pools, and water gardens.
Commercial and institutional water use.
Water use which is integral to the operations of commercial and nonprofit establishments and governmental entities such as retail establishments, hotels and motels, restaurants, and office buildings.
Conservation.
Those practices, techniques, and technologies that reduce the consumption of water, reduce the loss or waste of water, improve the efficiency in the use of water or increase the recycling and reuse of water so that a supply is conserved and made available for future or alternative uses.
Customer.
Any person, company, or organization using water supplied by the city.
Domestic water use.
Water use for personal needs or for household or sanitary purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or institution.
Even-numbered address.
Physical addresses ending in 0, 2, 4, 6, or 8 and locations without addresses.
Industrial water use.
The use of water in processes designed to convert materials of lower value into forms having greater usability and value.
Landscape irrigation use.
Water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks, and rights-of-way and medians.
Non-essential water use.
Water uses that are not essential nor required for the protection of public health, safety, and welfare, including:
(1) 
Irrigation of landscape areas, including parks, athletic fields, and golf courses, except otherwise provided under this plan;
(2) 
Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle;
(3) 
Use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas;
(4) 
Use of water to wash down buildings or structures for purposes other than immediate fire protection;
(5) 
Flushing gutters or permitting water to run or accumulate in any gutter or street;
(6) 
Use of water to fill, refill, or add to any indoor or outdoor swimming pools or jacuzzi-type pools;
(7) 
Use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to support aquatic life;
(8) 
Failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s); and
(9) 
Use of water from hydrants for construction purposes or any other purposes other than fire fighting.
Odd-numbered address.
Physical address ending in 1, 3, 5, 7, or 9.
(Ordinance 00-47, exh. A, sec. 7, adopted –/–/00; Ordinance 24-171 adopted 7/22/2024)
(a) 
The mayor, utility director or their designee shall monitor water supply and/or demand conditions on a daily basis 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 the Walnut Creek Special Utility District's drought management plan.
(1) 
Seasonal water shortage conditions - Requirements for initiation.
Customers shall be requested to voluntarily conserve water annually, beginning on May 1 through September 30.
(2) 
Dry conditions - Requirements for initiation.
Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses provided in section 12.04.069 of this plan when, pursuant to requirements specified in the city wholesale water purchase contract with Walnut Creek Special Utility District, notification is received requesting initiation of "dry conditions" status as outlined within the drought contingency plan.
(3) 
Stage 1, Water watch - Requirements for initiation.
Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses for stage 1 of this plan when, pursuant to requirements specified in the city wholesale water purchase contract with Walnut Creek Special Utility District, notification is received requesting initiation of stage 1 of the drought contingency plan.
(4) 
Stage 2, Water warning - Requirements for initiation.
Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses for stage 2 of this plan when, pursuant to requirements specified in the city wholesale water purchase contract with Walnut Creek Special Utility District, notification is received requesting initiation of stage 2 of the drought contingency plan.
(5) 
Emergency water use management - Requirements for initiation.
Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses provided in section 12.04.069 of this plan when:
(A) 
Pursuant to requirements specified in the city wholesale water purchase contract with Walnut Creek Special Utility District, notification is received requesting initiation of this stage of the drought contingency plan or
(B) 
The utility director or his/her designee determines that a water supply emergency exists based on:
(i) 
Major water line breaks, or system failures occur, which cause unprecedented loss of capability to provide water service; or
(ii) 
Natural or man-made contamination of the water supply source.
(Ordinance 00-47, exh. A, sec. 8, adopted –/–/00; Ordinance 24-171 adopted 7/22/2024)
(a) 
Notifications.
The utility director or his/her designee shall monitor water supply and/or demand conditions on a daily basis and, in accordance with the triggering criteria set forth in section 12.04.068 of this plan, shall determine that a water shortage condition exists or may soon exist and shall implement the following notification procedures:
(1) 
Notification of the public.
The utility director or his/her designee shall notify the public by means of:
(A) 
Internet-based communications;
(B) 
Mass notification;
(C) 
Public service announcements; and/or
(D) 
Signs posted in public places.
(2) 
Additional notification.
The utility director or his/her designee shall notify directly, or cause to be notified directly, the following individuals and entities:
(A) 
Mayor and members of the city council.
(B) 
Fire chief.
(C) 
City and county emergency management coordinators.
(D) 
County judge and commissioner.
(E) 
State disaster district/department of public safety.
(F) 
INRCC (required when mandatory restrictions are imposed).
(G) 
Major water users.
(H) 
Critical water users, i.e., hospitals.
(I) 
Parks/street superintendents and public facilities managers.
(b) 
Response - Seasonal water shortage conditions.
(1) 
Goal.
Achieve a voluntary 5% reduction in total water use.
(2) 
Supply management measures.
Coordinate supply management strategies with Walnut Creek Special Utility District.
(3) 
Voluntary water use restrictions.
Customers are requested to watch water consumption and to avoid wasteful practices. Water customers are requested to practice water conservation and to minimize or discontinue water use for non-essential purposes.
(c) 
Response - Dry conditions.
(1) 
Goal.
Achieve a 5% reduction in total water use.
(2) 
Supply management measures.
Coordinate supply management strategies with Walnut Creek Special Utility District.
(3) 
Water use restrictions.
(A) 
Increase surveillance to detect wasteful and unnecessary water use.
(B) 
Advertise/inform customers of increasing need to conserve water.
(d) 
Response - Stage 1, Water watch.
(1) 
Goal.
Achieve a minimum 5% reduction in total water use, to be adjusted as appropriate.
(2) 
Supply management measures.
(A) 
Review conditions and problems that caused stage 1. Take corrective action.
(B) 
Increase public education efforts on ways to reduce water use.
(C) 
Increase enforcement efforts.
(D) 
Intensify leak detection and repair efforts.
(E) 
Audit all city and local government irrigation systems to ensure proper condition, settings, and operation.
(F) 
Identify and encourage voluntary reduction measures by high volume water users through water use audits.
(G) 
Landscape watering of municipal parks, golf courses and sports fields is limited to twice per week watering schedule or twice per week per irrigation station if a variance is granted by the general manager. (See exceptions to outdoor watering restrictions in all water user's category for rules that apply to facilities with large multi-station irrigation systems.)
(3) 
Water use restrictions.
(A) 
Prohibit hosing of paved areas, such as sidewalks, driveways, parking lots, tennis courts, or other impervious surfaces, except to alleviate an immediate health or safety hazard.
(B) 
Prohibit hosing of buildings or other structures for purposes other than fire protection or surface preparation prior to painting.
(C) 
Prohibit using water in such a manner as to allow runoff or other waste, including:
(i) 
Failure to repair a controllable leak, including a broken sprinkler head, a leaking valve, leaking or broken pipes or a leaking faucet.
(ii) 
Operating a permanently installed irrigation system with: (1) a broken head; (2) a head that is out of adjustment and the arc of the spray head is over a street or parking lot; or a head that is misting because of high water pressure.
(iii) 
During irrigation, allowing water to: (a) run off the property and form a stream of water in a street for a distance of 50 feet or greater; or (b) to pond in a street or parking lot to a depth greater than one quarter of an inch.
(D) 
Prohibit outdoor watering with sprinklers or irrigation systems between 10:00 a.m. and 6:00 p.m.
(E) 
Limit landscape watering with sprinklers or irrigation systems at each service address to twice per week. Includes landscape watering of parks, golf courses and sports fields.
(F) 
Exceptions:
(i) 
Foundations may be watered for up to two hours on any day by handheld hose; or using a soaker hose or drip system placed within 24 inches of the foundation that does not produce a spray of water above the ground.
(ii) 
Newly installed shrubs (first year) and trees may be watered up to two hours on any day by handheld hose, drip irrigation, soaker hose or tree bubbler. Tree watering is limited to an area not to exceed the drip line of a tree.
(iii) 
Establishing new turf is discouraged.
(iv) 
Outdoor watering at service addresses with large multi-station irrigation systems may take place in accordance with a variance granted by the general manager, if the general manager determines that a property cannot be completely irrigated with an average of three-quarters of an inch of water in a single day, and that the property should be divided into sections to be watered on different days.
(v) 
Twice per week watering restrictions do not apply to locations using well water or treated wastewater effluent for irrigation.
a. 
Washing of any motor vehicle, motorbike, boat, trailer, airplane, or other vehicle shall be limited to the use of a handheld bucket or a handheld hose equipped with a positive shutoff nozzle for quick rinses.
b. 
Vehicle washing may be done at any time on the premises of a commercial car wash or commercial service station.
c. 
Further, such washing may be exempt from these requirements if the health, safety, and welfare of the public are contingent upon frequent vehicle cleansing, such as garbage trucks and vehicles used to transport food and perishables.
d. 
All users are encouraged to reduce the frequency of draining and refilling swimming pools.
(vi) 
All users are encouraged to use state native and drought tolerant plans in landscaping.
(e) 
Response - Stage 2, Water warning.
(1) 
Goal.
Achieve a 10% reduction in total water use.
(2) 
Supply management measures.
(A) 
Review conditions or problems that caused stage 2. Take corrective action.
(B) 
Increase frequency of media releases on water supply conditions.
(C) 
Further accelerate public education efforts on ways to reduce water use.
(D) 
Landscape watering of municipal parks, golf courses and sports fields is limited to once every seven days; or once every seven days per irrigation station if a variance is granted by the general manager. (See stage 1 exceptions to outdoor watering restrictions in all water user's category for rules that apply to facilities with large multi-station irrigation systems.)
Exceptions:
(i) 
Golf courses may water greens and tee boxes as needed to keep them alive; however, watering must be done before 10:00 a.m. and after 6:00 p.m. Fairways are restricted to once per week watering as outlined above. Golf course rough cannot be watered.
(ii) 
Watering for dust control on skinned areas of sports fields is not allowed.
(E) 
Eliminate non-essential water use. As used herein, non-essential water uses are those that do not have any health or safety impact and are not needed to meet the core function of the agency.
(F) 
Prohibit wet street sweeping.
(G) 
Notify wholesale customers.
(3) 
Water use restrictions.
(A) 
Continue stage 1 measures, as relevant and appropriate.
(B) 
Limit landscape watering with sprinklers or irrigation systems at each service address to once every seven days. Outdoor watering schedule to be determined by the general manager.
Exceptions:
(i) 
Foundations may be watered up to two hours on any day by handheld hose; or using a soaker hose or drip system placed within 24 inches of the foundation that does not produce a spray of water above the ground.
(ii) 
Newly installed shrubs (first year), and trees may be watered up to two hours on any day by handheld hose, drip irrigation or a soaker hose. Tree watering is limited to an area not to exceed the drip line of a tree.
(iii) 
Outdoor watering at service addresses with large multi-station irrigation systems may take place in accordance with a variance granted by the general manager, if the general manager determines that a property cannot be completely irrigated with an average three-quarters of an inch of water in a single day, and that the property should be divided into sections to be watered on different days.
(C) 
Once per week watering restrictions do not apply to locations using well water or treated wastewater effluent for irrigation.
(D) 
All users are encouraged to wait until the current drought or emergency situation has passed before establishing new landscaping and turf. The watering restrictions set forth in this stage apply to all users.
(E) 
Prohibit the operation of ornamental fountains or ponds that use potable water except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system.
(F) 
Prohibit filling of swimming pools with automatic valves.
(f) 
Response - Stage 3, Emergency water use management.
(1) 
Goal.
Achieve a 30% reduction in total water use.
(2) 
Supply management measures.
(A) 
Continue or initiate any actions available under stages 1 and 2.
(B) 
Review conditions or problems that caused stage 3. Take corrective action.
(C) 
Implement viable alternative water supply strategies.
(D) 
Increase frequency of media releases explaining emergency situation.
(E) 
Reduce city and local government water use to the maximum extent possible.
(F) 
Landscape watering at municipal parks, golf courses and sports fields is prohibited.
Exceptions:
(i) 
Golf courses may be watered by hand as needed to keep them alive; however, watering must be done before 10:00 a.m. and after 6:00 p.m.
(ii) 
Watering for dust control on skinned areas of sports fields is not allowed.
(G) 
Institute a mandated reduction in deliveries to all customers. Such reduction will be distributed as required by Texas Water Code § 11.039.
(H) 
If WCSUD has imposed a reduction in water available to customers, impose the same percent reduction on wholesale customers.
(3) 
Water use restrictions.
(A) 
Continue previous condition measures, as appropriate.
(B) 
Continue public information releases, as needed and appropriate.
(C) 
Prohibit all landscape watering, including parks, golf courses and sports fields.
Exceptions:
(i) 
Foundations may be watered up to two hours on any day by handheld hose; or using a soaker hose or drip system placed within 24 inches of the foundation that does not produce a spray of water above the ground.
(ii) 
Trees may be watered up to two hours on any day by handheld hose, drip irrigation or a soaker hose. Tree watering is limited to an area not to exceed the drip line of a tree.
(D) 
Prohibit establishment of new landscaping.
(E) 
Vehicle washing restricted to commercial car wash or commercial service station and can only be done as necessary for health, sanitation, or safety reasons, including but not limited to, the washing of garbage trucks and vehicles used to transport food and other perishables. All other vehicle washing is prohibited.
(F) 
Prohibit the operation of ornamental fountains or ponds that use potable water except where necessary to support aquatic life.
(G) 
Prohibit the draining, filling, or refilling of swimming pools, wading pools and jacuzzi type pools. Existing private and public pools may add water to maintain pool levels; however, they may not be refilled using automatic fill valves.
(Ordinance 00-47, exh. A, sec. 9, adopted –/–/00; Ordinance adopting Code; Ordinance 24-171 adopted 7/22/2024)
(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 utility director, 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 $200.00 and not more than $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 utility director 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, hereby established at $60.00, and any other costs incurred by the city in discontinuing service. In addition, suitable assurance must be given to the utility director 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 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) 
Any employee of the city may issue a citation to a person he/she reasonably believes to be in violation of this division. 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 designated court on the date shown on the citation for which the date shall not be less than 3 days nor more than 5 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 court designated to enter a plea of guilty or not guilty for the violation of this plan. If the alleged violator fails to appear in 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 designated court before all other cases.
(Ordinance 00-47, exh. A, sec. 10, adopted –/–/00; Ordinance adopting Code; Ordinance 24-171 adopted 7/22/2024)
(a) 
The utility director, 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:
(1) 
Compliance with this plan cannot be technically accomplished during the duration of the water supply shortage or other condition for which the plan is in effect.
(2) 
Alternative methods can be implemented which will achieve the same level of reduction in water use.
(b) 
Persons requesting an exemption from the provisions of this plan shall file a petition for variance with the City within three (3) days after a particular drought response stage has been invoked. All petitions for variances shall be promptly reviewed by the utility director, or his/her designee. Petitions shall include the following information:
(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 plan.
(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.
(8) 
Other pertinent information.
(c) 
Variances shall be subject to the following conditions, unless waived or modified by the utility director.
(1) 
Variances granted shall include a timetable for compliance.
(2) 
Variances granted shall expire when the plan is no longer in effect, unless the petitioner has failed to meet specified requirements.
(d) 
No variance shall be retroactive or otherwise justify any violation of this plan occurring prior to the issuance of the variance.
(Ordinance 00-47, exh. A, sec. 11, adopted –/–/00; Ordinance 24-171 adopted 7/22/2024)