[1]
Editor’s note–Former article 12.08
pertaining to the drought contingency and emergency water demand management
plan was repealed and replaced with similar provisions by Ordinance 2023-O-034 adopted 1/10/2024. Prior to the replacement, this article
derived from the following: Ordinance 12-O-20 adopted 10/22/2012; 2009 Code,
sec. 13.05.061; Ordinance 21-O-09.13-01 adopted 9/13/2021.
(a)
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.
(b)
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)
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)
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)
(a)
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.
(b)
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.
(c)
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)
(a)
Water use requirements.
(1)
Phase 1 base conditions will be in effect yearround when the
city is not at elevated drought phases.
(2)
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).
(b)
City actions.
To manage supply, the city will:
(1)
Continually review system operations, identify ways to improve
system efficiency and accountability, and actively promote water conservation.
(2)
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.
(3)
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.
(4)
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.
(5)
Monitor advanced metering infrastructure (AMI) meters for possible
customer leaks.
(6)
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.
(c)
Customer actions.
Under threat of penalty for
violation, the following conditions shall apply to all retail water
customers:
(1)
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.
(2)
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:
(A)
Properties with a street address number ending
in 1, 5, or 9 may water on Tuesday.
(B)
Properties with a street address number ending
in 2, 4, 6, or 8 may water on Wednesday.
(C)
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.
(3)
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:
(4)
New automatic landscape irrigation systems should have a working
rain sensor feature. Systems should be programmed to cease irrigation
during rain showers.
(5)
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.
(7)
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.
(8)
Exceptions to watering once per week include:
(A)
Watering trees with a treegator, or similar technology/container.
(B)
Pressure washing residences (such as sidewalks
and patios), using a hose with a positive shutoff valve or a single,
refillable vessel with water.
(C)
Soaker hose or automatic tree bubbler.
(D)
Watering vegetable gardens/edible plants with a
soaker hose.
(Ordinance 2023-O-034 adopted 1/10/2024)
(a)
Triggers.
Customers shall adhere to phase 2 conditions
when one or more of the following occurs:
(1)
Total daily water demand equals or exceeds 70% of the total
operation system treatment capacity for 3 consecutive days.
(2)
Total daily water demand equals or exceeds 70% of the firm capacity
of key pump stations for 3 consecutive days.
(3)
The city manager, designee or as defined herein determines that
phase 2 response measures are necessary to protect public health,
safety, and welfare.
(b)
Demand reduction target.
Phase 2 response measures
have a goal of achieving a 10% reduction.
(c)
City actions.
To manage supply, the city will:
(1)
Discontinue water main and line flushing unless necessary for
public health reasons.
(2)
Visually inspect lines on a regular basis and repair leaks.
(3)
Suspend hydrant testing.
(4)
Suspend use of potable water for the following city operations:
(5)
Increase efforts to inform the public about water conservation
strategies including:
(d)
Customer actions.
Under threat of penalty for
violation, the following phase 2 response measures shall apply to
all retail water customers:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
Landscape irrigation limits do not apply if the irrigation is
performed:
(A)
By means of a hand-held hose, soaker hose, or drip
irrigation system.
(B)
At a commercial plant nursery.
(C)
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.
(e)
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.
(f)
Termination.
Phase 2 may be rescinded when one
or more of the following occurs:
(Ordinance 2023-O-034 adopted 1/10/2024)
(a)
Triggers.
Customers shall adhere to phase 3 conditions
when one or more of the following occurs:
(1)
Total daily water demand equals or exceeds 80% of the total
operation system treatment capacity for 3 consecutive days.
(2)
Total daily water demand equals or exceeds 80% of the total
capacity of key pump stations for three consecutive days.
(3)
The city manager, designee or as defined herein determines that
phase 3 response measures are necessary to protect public health,
safety, and welfare.
(b)
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.
(c)
City actions.
To manage supply, the city will,
in addition to phase 2 response measures:
(1)
Discontinue water main and line flushing unless necessary for
public health, safety, and welfare.
(2)
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.
(3)
Increase efforts to inform the public on water conservation
strategies.
(4)
Increase the detection and repair of water leaks in the distribution
system.
(5)
Read water meters and monitor consumption as necessary to ensure
compliance with this program for the benefit of all the customers.
(6)
Turn off and lock all irrigation meters.
(7)
Turn off and collect any hydrant bulk meters from construction
water customers.
(8)
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.
(d)
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:
(1)
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.
(2)
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.
(3)
A person may not operate an ornamental fountain other than for
aeration necessary to preserve habitat for aquatic life.
(4)
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.
(e)
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.
(f)
Terminations.
Phase 3 may be rescinded when one
or more of the following occurs:
(Ordinance 2023-O-034 adopted 1/10/2024)
(a)
Triggers.
Customers shall adhere to the phase
4 response measures when one or a combination of the following occurs:
(1)
Major water line breaks or pump system failures that cause substantial
loss of ability to provide water service.
(2)
Natural or manmade contamination of the water supply source.
(3)
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.
(4)
The city manager, designee or as defined herein determines that
phase 4 response measures are necessary to protect public health,
safety, and welfare.
(b)
Demand reduction target.
Phase 4 response measures
are designed to limit the daily water demand to no more than 50% capacity.
(c)
City actions.
To manage supply, the city will:
(1)
Assess the severity of the problem and identify the actions
needed and time required to resolve the problem.
(2)
Issue applicable public notifications and messaging as to the
water system or source failure.
(3)
Severely restrict or prohibit, as appropriate, all water system
uses in the affected service area.
(4)
Read meters and monitor consumption as often as needed to ensure
program compliance for the benefit of all customers.
(5)
Minimize flushing for dead-end mains.
(6)
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.
(7)
Operate the distribution system according to applicable regulations.
(8)
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.
(d)
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:
(1)
Use of water is restricted as deemed necessary to meet the emergency.
(e)
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.
(f)
Termination.
Phase 4 may be rescinded when one
or more of the following occurs:
(1)
The water system failure conditions listed above as a triggering
event has ceased to exist for five (5) consecutive days.
(2)
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.
(3)
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)
(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 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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
These provisions apply to all customers of the city.
(Ordinance 2023-O-034 adopted 1/10/2024)
(a)
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:
(b)
Persons requesting an exemption from the provisions of this
article shall file a petition for variance with the city within 5
days after the plan or a particular drought response 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:
(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 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, as requested by the city manager,
designee or as defined herein.
(c)
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:
(1)
Variances granted shall include a timetable for compliance.
(2)
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.
(d)
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)
For the purposes of this plan, the following definitions shall
apply:
(a)
Conservation.
Customer.
Domestic water use.
Industrial water use.
Landscape irrigation.
LCRA.
Nonessential water use.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
System.
— The Brazos River Authority or successor agency.
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 of Liberty Hill.
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.
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.
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.
The Lower Colorado River Authority, or successor agency.
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
Use of water from hydrants or flush valves for construction
purposes or any other purposes other than firefighting.
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.
(Ordinance 2023-O-034 adopted 1/10/2024)
