ARTICLE 12.08 DROUGHT CONTINGENCY AND EMERGENCY WATER DEMAND MANAGEMENT PLAN [1]

The goal of this plan is to coordinate a proportionate reduction in use of water in response to drought or emergency conditions so that water availability can be preserved. Since emergency conditions can occur rapidly, responses must also be adopted quickly. This plan has been prepared in advance considering conditions that will initiate and terminate each phase of this plan.

§ 12.08.004 Coordination with regional water planning group(s), cities, and governmental organizations.

The plan will be implemented in four phases, as determined by the city manager, designee or as defined herein. The intent of this plan is to progressively conserve water when deemed necessary. Once a phase is initiated the subsequent conservation measures of the lesser will remain in effect. For example, if an emergency exists and we are initiated into phase 4 of this plan, phases 3, 2, and 1 conservation measures remain in place.

(Ordinance 2023-O-034 adopted 1/10/2024)

§ 12.08.002 Public involvement.

Opportunity for the public to provide input into the preparation of the plan was provided by the council by scheduling and providing public notice of a public meeting to accept input on the plan. In the adoption of this plan, the council considered all comments from customers.

(Ordinance 2023-O-034 adopted 1/10/2024)

§ 12.08.003 Public education.

The city will provide the public with information about the plan, including information about the conditions under which each phase of the plan is to be initiated or terminated and the drought response measures to be implemented in each phase. This information will be provided by means of press releases, media releases, city website postings, official city social media accounts (i.e., Facebook), utility bill inserts, digital platform messages (emails or text messages), automated phone calls, mailers and/or signs posted at service area entry points, or other methods as approved by city council.

(Ordinance 2023-O-034 adopted 1/10/2024)

Being located within the Brazos G Regional Water Planning Group, a copy of this plan will be provided to that regional water planning group. This plan may also be provided to regional partners (e.g.: city of Leander), Lower Colorado River Authority (LCRA), Texas Commission on Environmental Quality (TCEQ), Williamson County Emergency Management, Williamson County Emergency Services District #4 (WCESD#4), the Texas Water Development Board (TWDB), and/or another interested agency(ies).

(Ordinance 2023-O-034 adopted 1/10/2024)

§ 12.08.005 Initiation and termination of water conservation and drought response phases.

The city manager, designee or as defined herein is hereby authorized and directed to implement the applicable provisions of this plan. The city manager, designee, or as defined herein shall monitor the water supply and/or demand conditions daily and determine when conditions warrant initiation or termination of each phase of the plan. The base water conservation plan, outlined in phase 1, shall be in force at all times unless subsequent phases are enacted. Water supply conditions will be determined by the source of supply, system capacity, and weather conditions. Water demand will be measured by the peak daily demands on the system.

The city manager, designee or as defined herein shall implement the applicable provisions of this article upon determination that such implementation is necessary to protect public health, safety, and welfare. The city manager, designee or as defined herein may implement mandatory water restrictions in response to unusual operational events, catastrophic occurrences, severe weather events, and/or other public emergency situations, in addition to drought conditions.

§ 12.08.006 Stewardship use phase 1 - Base conditions.

The triggering criteria described below are based on information provided by known system capacity limits and trigger conditions listed in this article.

(Ordinance 2023-O-034 adopted 1/10/2024)

Water use requirements.

Phase 1 base conditions will be in effect yearround when the city is not at elevated drought phases.

Notice(s) will be designed to increase customer awareness of water conservation and encourage the most efficient use of water. The city shall keep a copy of the current public announcement on water conservation awareness on file and available for inspection by the Texas Commission on Environmental Quality (TCEQ).

City actions.

To manage supply, the city will:

Continually review system operations, identify ways to improve system efficiency and accountability, and actively promote water conservation.

Request water customers to voluntarily limit and reduce the use of water for nonessential purposes. Provide instructional guidance to encourage water conservation at all times.

Promote adoption of xeriscape landscapes and/or use of native or drought-tolerant plants in the city limits, city utility service areas, and in new developments.

Establish mechanisms to remind water customers to practice water conservation yearround, including participation in water smart program, or other programs/technologies, which allow them to monitor their water usage.

Monitor advanced metering infrastructure (AMI) meters for possible customer leaks.

The city manager, designee or as defined herein shall have the authority to grant temporary waivers regarding landscape installation requirements during the months from June — September and/or if the city is in phase 2 (or higher) drought conditions.

Customer actions.

Under threat of penalty for violation, the following conditions shall apply to all retail water customers:

It is unlawful for any customer to waste water through use that serves no practical purpose. Such water waste includes the failure to repair a leak, either inside or outside a home, building, or facility, within a reasonable time, not to exceed 60 days from the date that a notice was provided about the leak. This includes failure to immediately repair any leak that results in water runoff or accumulation in a street, gutter, parking lot or other easily visible location.

Residential water customers who choose to use water for landscape irrigation may only do so in accordance with a once-weekly watering schedule, as determined by the city:

Properties with a street address number ending in 1, 5, or 9 may water on Tuesday.

Properties with a street address number ending in 2, 4, 6, or 8 may water on Wednesday.

Properties with a street address number ending in 0, 3, or 7 may water on Thursday.

(D)

There shall be no irrigation between the hours of 10:00 a.m. and 7:00 p.m. due to the water loss experienced when irrigating in the heat of the day.

Commercial, multifamily, and homeowners' association (HOA) water customers who choose to use water for landscape irrigation may only do so in accordance with a once-weekly watering schedule on designated days, shown below, and designated times, as determined by the city:

Properties with a street address number ending in 1, 5, or 9 may water on Tuesday.

Properties with a street address number ending in 2, 4, 6, or 8 may water on Wednesday.

Properties with a street address number ending in 0, 3, or 7 may water on Thursday.

New automatic landscape irrigation systems should have a working rain sensor feature. Systems should be programmed to cease irrigation during rain showers.

Landscape irrigation by way of automatic systems or hose-end sprinklers is limited to a two-hour (2 hour) irrigation session between the hours from 12:00 a.m. (midnight) to 10:00 a.m. or from 7:00 p.m. to 12:00 a.m. (midnight), in accordance with the applicable watering schedules and designated watering day as determined by the city. Systems should be programmed to run either during the midnight to 10:00 a.m. time period or during the 7:00 p.m. to midnight time period, but not both.

Landscape irrigation limits do not apply if the irrigation is performed by:

Means of a hand-held hose, soaker hose, or drip irrigation system.

At a commercial plant nursery.

During the testing of new irrigation system installation or existing irrigation system repair.

Requests for exceptions to phase 1 landscape irrigation limits would be considered by the city on a case-by-case basis and may be granted for up to 21 days for new lawn installations. Requests can be made by contacting the city during normal business hours or by contacting the city's public works.

Exceptions to watering once per week include:

Watering trees with a treegator, or similar technology/container.

Pressure washing residences (such as sidewalks and patios), using a hose with a positive shutoff valve or a single, refillable vessel with water.

§ 12.08.007 Conservation phase 2 - Water use reduction.

Soaker hose or automatic tree bubbler.

(D)

Watering vegetable gardens/edible plants with a soaker hose.

(Ordinance 2023-O-034 adopted 1/10/2024)

Triggers.

Customers shall adhere to phase 2 conditions when one or more of the following occurs:

Total daily water demand equals or exceeds 70% of the total operation system treatment capacity for 3 consecutive days.

Total daily water demand equals or exceeds 70% of the firm capacity of key pump stations for 3 consecutive days.

The city manager, designee or as defined herein determines that phase 2 response measures are necessary to protect public health, safety, and welfare.

Demand reduction target.

Phase 2 response measures have a goal of achieving a 10% reduction.

City actions.

To manage supply, the city will:

Discontinue water main and line flushing unless necessary for public health reasons.

Visually inspect lines on a regular basis and repair leaks.

Suspend hydrant testing.

Suspend use of potable water for the following city operations:

Vehicle washing.

Street cleaning.

Landscape irrigation in city parks except by hand-held hose or drip irrigation. The city may continue irrigation by way of automatic systems or hose-end sprinklers for up to 21 days only when necessary to salvage new installations.

Increase efforts to inform the public about water conservation strategies including:

Conduct a monthly review of customer use records.

Contact customers with unusually high usage to help identify potential leaks and provide customers with water-saving tips and practices to better manage water use and reduce monthly costs.

Customer actions.

Under threat of penalty for violation, the following phase 2 response measures shall apply to all retail water customers:

A person may not irrigate outdoors at a residential or a commercial facility except on the designated outdoor water use day for the location and never within the hours between 10:00 a.m. and 7:00 p.m.

A person may not use or allow the use of water to wash or rinse an automobile, truck, or trailer, boat, airplane, motorcycle, or other mobile equipment or vehicle, unless using a single, refillable vessel with water.

A person may not use or allow the use of water to operate an ornamental fountain or structure making similar use of water, other than the aeration necessary to preserve habitat for aquatic life.

Residential water customers who choose to use potable water for landscape irrigation may only do so in accordance with a once-weekly watering schedule on designated days, as established in phase 1. Landscape irrigation by way of automatic systems or hose-end sprinklers is limited to the hours from 12:00 a.m. (midnight) to 10:00 a.m. and/or from 7:00 p.m. to 12:00 a.m. (midnight), in accordance with the applicable watering schedules and designated watering days, as determined by the city, not to exceed 2 hours on the resident's designated day.

Commercial, multifamily, and homeowners' association (HOA) water customers who choose to use potable water for landscape irrigation may only do so in accordance with a once-weekly watering schedule on designated days, shown below, and designated times, as determined by the city and listed in phase 1.

Landscape irrigation limits do not apply if the irrigation is performed:

By means of a hand-held hose, soaker hose, or drip irrigation system.

At a commercial plant nursery.

During the testing of new irrigation system installation or existing irrigation system repair.

(D)

Other nonessential water uses are prohibited except under the following circumstances:

(i)

Use of water from hydrants or flush valves for construction purposes.

(ii)

The addition of water to a pool or splash pad where it is necessary to maintain the water purification system in service or to maintain the structural integrity of the pool.

(iii)

The washing of vehicles or boats at a commercial carwash facility, or as part of a charity or fundraising event held on a commercial property during the property's designated watering day as defined in this section.

Wholesale.

The city will keep wholesale treated water customers informed about demand and current and projected supply conditions. The city will initiate discussions with wholesale treated water customers about potential curtailment and implementation of mandatory measures to reduce all nonessential water uses.

Termination.

Phase 2 may be rescinded when one or more of the following occurs:

The city manager, designee or as defined herein determines that the applicable provisions are no longer necessary to protect public health, safety, and welfare; or

§ 12.08.008 Conservation phase 3 - water emergency.

Upon termination of phase 2, the city publicly announces to its customers the end of phase 2 and return to phase 1 conditions.

(Ordinance 2023-O-034 adopted 1/10/2024)

Triggers.

Customers shall adhere to phase 3 conditions when one or more of the following occurs:

Total daily water demand equals or exceeds 80% of the total operation system treatment capacity for 3 consecutive days.

Total daily water demand equals or exceeds 80% of the total capacity of key pump stations for three consecutive days.

The city manager, designee or as defined herein determines that phase 3 response measures are necessary to protect public health, safety, and welfare.

Demand reduction target.

Phase 3 response measures are designed with a goal to stabilize water supply and decrease daily water demand to less than 70% of the total operation system treatment capacity.

City actions.

To manage supply, the city will, in addition to phase 2 response measures:

Discontinue water main and line flushing unless necessary for public health, safety, and welfare.

Explore additional emergency water supply options, which may include arranging for the emergency purchase of water from utilities for which there exists proper agreements for such purchase.

Increase efforts to inform the public on water conservation strategies.

Increase the detection and repair of water leaks in the distribution system.

Read water meters and monitor consumption as necessary to ensure compliance with this program for the benefit of all the customers.

Turn off and lock all irrigation meters.

Turn off and collect any hydrant bulk meters from construction water customers.

The city council may enact a water drought surcharge for retail and wholesale customers during phase 3 and phase 4 of the drought contingency plan, to ensure the financial stability of the city. These surcharges will take effect in the next monthly billing cycle following the declaration of phase 3 or phase 4 water restrictions and will continue until terminated by the city council.

Any resident who has received assistance from a customer assistance program within the last 12 months is eligible for exemption from the water drought rate surcharge upon request.

Phase 3 - volume rate per 1,000 gallons = an additional $1.00 per thousand gallons.

Customer actions.

Under threat of penalty for violation, phase 3 response measures, along with the following measures which may supersede, shall apply to all retail water customers:

Landscape irrigation is prohibited except by means of a hand-held hose, and hand-held hose watering is prohibited between the hours of 10:00 a.m. and 7:00 p.m.

Industrial water uses are prohibited except for some limited uses as deemed necessary by the city manager, designee or as defined herein to protect public health, safety, and welfare.

A person may not operate an ornamental fountain other than for aeration necessary to preserve habitat for aquatic life.

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 single, refillable vessel with water. A person commits a separate offense for each outdoor surface washed in violation of this subsection.

Wholesale.

The city will contact its wholesale treated water customers to initiate mandatory measures to control water demand and to ensure capacity for emergency response requirements. Mandatory measures will include the curtailment of nonessential water uses in accordance with the wholesale water customer's own drought contingency plan.

Terminations.

Phase 3 may be rescinded when one or more of the following occurs:

The city manager, designee or as defined herein determines that phase 3 response measures are no longer necessary to protect public health, safety, and welfare; or

§ 12.08.009 Conservation phase 4 - water system failure.

Upon termination of phase 3, the city publicly announces to its customers the end of phase 3 and return to phase 2 conditions.

(Ordinance 2023-O-034 adopted 1/10/2024)

Triggers.

Customers shall adhere to the phase 4 response measures when one or a combination of the following occurs:

Major water line breaks or pump system failures that cause substantial loss of ability to provide water service.

Natural or manmade contamination of the water supply source.

Water demand approaches a reduced delivery capacity for all or part of the system, creating a situation in which water system demand exceeds water system capacity, for an extended length of time, as determined by the city manager, designee or as defined herein.

The city manager, designee or as defined herein determines that phase 4 response measures are necessary to protect public health, safety, and welfare.

Demand reduction target.

Phase 4 response measures are designed to limit the daily water demand to no more than 50% capacity.

City actions.

To manage supply, the city will:

Assess the severity of the problem and identify the actions needed and time required to resolve the problem.

Issue applicable public notifications and messaging as to the water system or source failure.

Severely restrict or prohibit, as appropriate, all water system uses in the affected service area.

Read meters and monitor consumption as often as needed to ensure program compliance for the benefit of all customers.

Minimize flushing for dead-end mains.

Cease allowance or approval of applications for new, additional, expanded, or larger water service connections, meters, service lines, pipeline extensions, mains, or water service facilities unless the project is deemed necessary to resolve the water system failure.

Operate the distribution system according to applicable regulations.

Initiate emergency interconnects or alternative supply arrangements.

(9)

The city may enact a water drought surcharge for retail and wholesale customers during phase 3 and phase 4 of the drought contingency plan, to ensure the financial stability of the city. These surcharges will take effect in the next monthly billing cycle following the declaration of phase 3 or phase 4 water restrictions and will continue until terminated by the city council.

Any resident who has received assistance from a customer assistance program within the last 12 months is eligible for exemption from the water drought rate surcharge upon request.

Phase 4 - volume rate per 1,000 gallons = additional $3.00 per thousand gallons.

Customer actions.

Under threat of penalty for violation, phase 4 response measures, along with the following measures which may supersede, shall apply to all retail water customers:

Use of water is restricted as deemed necessary to meet the emergency.

Wholesale.

The city will contact its wholesale treated water customers to initiate mandatory measures to control water demand and to ensure capacity for emergency response requirements. This may include ceasing water supply to the wholesale water customer.

Termination.

Phase 4 may be rescinded when one or more of the following occurs:

The water system failure conditions listed above as a triggering event has ceased to exist for five (5) consecutive days.

The city manager, designee or as defined herein determines that phase 4 response measures are no longer necessary to protect public health, safety, and welfare.

Upon termination of phase 4, the city publicly announces to its customers the end of phase 4 and return to phase 3 conditions.

(Ordinance 2023-O-034 adopted 1/10/2024)

§ 12.08.010 Enforcement.

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 phase in effect at the time pursuant to action taken by the city manager, designee or as defined herein, in accordance with provisions of the plan.

Any person who violates this plan will receive a citation and shall be punishable by a fine up to $2,000.00 for each day the violation continues, with each day constituting a separate and distinct offense.

If a person is convicted of three or more violations of this plan in a calendar year, the city manager, designee or as defined herein 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. In addition, suitable assurance must be given to the city manager, designee or as defined herein that the same action shall not be repeated while the plan is in effect. Compliance with the plan may also be sought through injunctive relief in a court of competent jurisdiction.

Any city code enforcement officer or police officer may issue a warning or citation to a person who is reasonably believed to be in violation of this plan. The warning or citation shall contain the name and address of the alleged violator, if known, the offense charged, and if a citation, shall direct him/her to appear in the municipal court on the date shown on the citation. The alleged violator shall be served a copy of the warning or citation, with service complete upon delivery of the citation by hand or by certified mail to the alleged violator, an agent or employee or to a person over 14 years of age who is a family member or resident of the violator's residence.

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.

These provisions apply to all customers of the city.

(Ordinance 2023-O-034 adopted 1/10/2024)

§ 12.08.011 Exemptions or waivers.

The city manager, designee or as defined herein, 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 or sanitation for the public or the person requesting such variance and if one or more of the following conditions are met:

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.

Alternative methods can be implemented which will achieve the same level of reduction in water use.

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 phase has been invoked or after a condition justifying the variance first occurs. All petitions for variances shall be reviewed by the city manager, designee or as defined herein and shall include the following:

Name and address of the petitioner(s).

Purpose of water use.

Specific provision(s) of the plan from which the petitioner is requesting relief.

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.

Description of the relief requested.

Period for which the variance is sought.

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.

Other pertinent information, as requested by the city manager, designee or as defined herein.

Variances granted by the city manager, designee or as defined herein shall be subject to the following conditions, unless specifically waived or modified by the city council:

Variances granted shall include a timetable for compliance.

No variance allowed for a condition requiring water allocation will continue beyond the termination of water allocation. Any variance for a subsequent water allocation must be petitioned again. The fact that a variance has been granted in response to a petition will have no relevance to the decision on any subsequent petition.

No variance shall be retroactive or otherwise justify any violation of this plan occurring prior to the issuance of the variance.

(Ordinance 2023-O-034 adopted 1/10/2024)

§ 12.08.012 Definitions.

For the purposes of this plan, the following definitions shall apply:

— The Brazos River Authority or successor agency.

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 of Liberty Hill.

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.

Industrial water use.

The use of water in processes designed to convert materials of lower value into forms having greater usability and value, including the development of power by means other than hydroelectric.

Landscape irrigation.

Water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, parks, rights-of-way, and medians.

LCRA.

The Lower Colorado River Authority, or successor agency.

Nonessential water use.

Water uses that are neither essential nor required for the protection of public health, safety, and welfare, including, but not limited to:

Landscape irrigation, except as otherwise provided under this article.

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, wading pools, ornamental ponds, Jacuzzi-type pools, or similar.

Use of water in a fountain or pond for aesthetic or scenic purposes such as fountains, reflecting pools, and water gardens 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

(9)

Use of water from hydrants or flush valves for construction purposes or any other purposes other than firefighting.

System.

The combination of components of the water supply network that carry, store, or move potable water from a centralized treatment plant to water customers. Components include but are not limited to transmission lines, pumps, ground, and elevated storage tanks.