A number of situations may limit the city's ability to deliver a sufficient amount of water to meet the demands of all customers. In those instances, the city will take steps to ensure that water is available for essential life and safety needs. This drought and emergency contingency plan (the plan) is designed to address the following situations.

Reduction in available water supply up to a repeat of the drought of record;

Water production or distribution limitations (peak water supply);

(3)

Supply source contamination; and/or

(4)

System outages.

(b)

There are four stages to address drought and emergency conditions. Each stage has triggers for initiation, for restrictions on water use to assist in reaching water use reduction goals, and has provisions for rescinding the stage once the conditions that caused the drought or emergency have ceased to exist. The stages are defined as:

(1)

Stage 1 - mild water shortage conditions.

(2)

Stage 2 - moderate water shortage conditions.

(3)

Stage 3 - severe water shortage conditions.

(4)

Stage 4 - emergency water shortage conditions.

(Ordinance 2010-O0055 adopted 7/22/2010; Ordinance 2019-O0044 adopted 4/23/19; Ordinance 2024-O0076 adopted 6/11/2024)

§ 22.08.072 Declaration of policy, purpose, and intent.

(a)

In order to conserve the available water supply and/or to 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 adopts the following regulations and restrictions on the delivery and consumption of water through this article.

(b)

Water uses regulated or prohibited under this drought and emergency contingency plan are considered to be nonessential and continuation of such uses during times of water shortage or other emergency water supply conditions are deemed to constitute a waste of water which subjects the offender(s) to penalties as defined in section 22.08.083 of this plan.

(Ordinance 2010-O0055 adopted 7/22/2010; Ordinance 2019-O0044 adopted 4/23/19; Ordinance 2024-O0076 adopted 6/11/2024)

§ 22.08.073 Authorization.

The city manager or his/her designee, is hereby authorized and directed to implement the applicable provisions of this plan upon determination that such implementation is necessary to protect public health, safety, and welfare. The city manager, or his/her designee, shall have the authority to initiate or terminate drought or other water supply emergency response measures as described in this plan.

(Ordinance 2010-O0055 adopted 7/22/2010; Ordinance 2019-O0044 adopted 4/23/19; Ordinance 2024-O0076 adopted 6/11/2024)

§ 22.08.074 Public involvement.

Opportunity for the public and for the wholesale water customers to provide input into the preparation of the plan was provided by the city by means of review and comment by the Lubbock Water Advisory Board, which is comprised of citizens, and by scheduling and providing public notice of a public meeting to accept input through the citizen comment period of said meeting regarding the plan held on May 28 and June 11, 2024. The plan was adopted under the open meetings requirement of the TCEQ during the June 11, 2024 city council meeting.

(Ordinance 2010-O0055 adopted 7/22/2010; Ordinance 2019-O0044 adopted 4/23/19; Ordinance 2024-O0076 adopted 6/11/2024)

§ 22.08.075 Public and wholesale customer education.

(a)

The city will periodically provide the public and wholesale customers 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 to the public. The city will periodically provide the public and wholesale customers 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 to the public by means necessary to educate and provide information to the public, including but not limited to, public service announcements, newspaper notices, utility bill inserts, and educational presentations.

(b)

This information will be provided to the wholesale customers by providing them with a copy of this plan.

(Ordinance 2010-O0055 adopted 7/22/2010; Ordinance 2019-O0044 adopted 4/23/19; Ordinance 2024-O0076 adopted 6/11/2024)

§ 22.08.076 Coordination with regional water planning groups.

The water service area of the city is located within the Llano Estacado Regional Water Planning Area (Region O). The city has provided a copy of this plan to the Llano Estacado Regional Water Planning Group to ensure consistency with the approved regional water plan.

(Ordinance 2010-O0055 adopted 7/22/2010; Ordinance 2019-O0044 adopted 4/23/19; Ordinance 2024-O0076 adopted 6/11/2024)

§ 22.08.077 Application.

The provisions of this plan shall apply to all persons, customers, and property utilizing water provided by the city, including the city's wholesale water customers. The terms "person" and "customer" as used in the plan includes individuals, corporations, partnerships, associations, and all other legal entities.

(Ordinance 2010-O0055 adopted 7/22/2010; Ordinance 2019-O0044 adopted 4/23/19; Ordinance 2024-O0076 adopted 6/11/2024)

§ 22.08.078 Triggering criteria for initiation and termination of drought response stages.

(a)

The city manager, or his/her 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. Public notification of the initiation or termination of drought response stages will be made by publication in a newspaper of general circulation, public service announcements, and/or signs posted in public places. Wholesale customer notification of the initiation or termination of drought response stages will be made by email, mail, or telephone.

(b)

The triggering criteria below are based on an evaluation of the historical water system capacities and customer use patterns, and consider the impact of drought, emergencies, and high use upon capacities and patterns.

(1)

Stage 1 - mild water shortage conditions.

(A)

Requirements for initiation.

Stage 1 of the plan shall be implemented if any of the following conditions arise:

(i)

Daily water use exceeds 80% of the city's maximum daily supply capacity from all sources for 10 consecutive days;

(B)

Requirement for termination.

Stage 1 restrictions may be rescinded 10 days after all initiation conditions have ceased to exist as determined by the city manager or his/her designee.

(2)

Stage 2 - moderate water shortage conditions.

(A)

Requirements for initiation.

Stage 2 of the plan shall be implemented if any of the following conditions arise:

(i)

Daily water use exceeds 90% of the city's maximum daily supply capacity from all sources for ten (10) consecutive days;

(B)

Requirement for termination.

Stage 2 restrictions may be rescinded 10 days after all initiation conditions have ceased to exist as determined by the city manager or his/her designee. When stage 2 is terminated, stage 1 automatically becomes effective.

(3)

Stage 3 - severe water shortage conditions.

(A)

Requirements for initiation.

Stage 3 of the plan shall be implemented if any of the following conditions arise:

(i)

Daily water use exceeds 100% of the city's maximum daily supply capacity from all sources for five consecutive days;

(B)

Requirement for termination.

Stage 3 restrictions may be rescinded 10 days after all initiation conditions have ceased to exist as determined by the city manager or his/her designee. When stage 3 is terminated, stage 2 automatically becomes effective.

(4)

Stage 4 - emergency water shortage conditions.

(A)

Requirements for initiation.

Stage 4 of the plan shall be implemented if any of the following conditions arise:

(i)

Daily water use exceeds 105% of the city's maximum daily supply capacity from all sources for five consecutive days;

(ii)

There has been a failure in a major water supply source or system, such as the failure of a dam, storage reservoir, pumping system, transmission pipeline, water treatment facility, major power failure, or natural disaster that causes a severe and prolonged limit on the ability of the water supply system to meet the water supply demands; or

(iii)

A water supply source has been contaminated.

(B)

Requirement for termination.

Stage 4 restrictions may be rescinded after all initiation conditions have ceased to exist as determined by the city manager or his/her designee. When stage 4 is terminated, the city manager or his/her designee shall determine what stage is applicable.

(Ordinance 2010-O0055 adopted 7/22/2010; Ordinance 2016-O0182, sec. 2, adopted 1/12/2017; Ordinance 2019-O0044 adopted 4/23/19; Ordinance 2024-O0076 adopted 6/11/2024)

§ 22.08.079 Drought response stages.

The city manager, or his/her designee, shall monitor water supply and/or demand conditions and, in accordance with the triggering criteria set forth in section 22.08.078 above, shall determine that mild, moderate, or severe water shortage conditions exist or that an emergency condition exists and shall implement the following actions. The city shall notify the executive director of the TCEQ within five business days of the implementation of any mandatory provisions of the plan.

(1)

Stage 1 - mild water shortage conditions.

(A)

Target.

Reduce water use to less than 80% of the city's maximum daily supply capacity.

(B)

Best management practices for supply management.

(i)

The city may reduce or discontinue the flushing of water mains as well as utilize reclaimed water for nonpotable purposes where practicable.

(ii)

Wholesale customers are required in specific contract provisions to implement these measures as well as any other measures specified in the wholesale supply contract to better manage a limited water supply. Contract provisions requiring wholesale customers to implement mandatory drought restrictions consistent with the city will be added into any new contract or contract revision.

(C)

Water use restrictions for reducing demand.

(i)

Landscape irrigation is restricted to two days per week between the hours of 9:00 p.m. and 9:00 a.m. Landscape irrigation from October 1st through March 31st shall not be limited to the hours of 9:00 p.m. to 9:00 a.m. so as to allow for irrigation during periods when the ambient temperature rises above 35°F. Landscape irrigation schedules are based on the last digit of the property address:

Properties with an address ending in 0, 3, 4, or 9 may water on Monday and Thursday.

Properties with an address ending in 1, 5, or 6 may water on Tuesday and Friday.

Properties with an address ending in 2, 7, or 8 may water on Wednesday and Saturday.

Commercial customers with larger landscapes may apply for a variance in the event that they are unable to complete the necessary irrigation cycles during the designated days and times.

(ii)

Irrigation shall provide a maximum of 1.5 inches per zone per week.

(iii)

Irrigation shall occur without water runoff, which can be accomplished by correctly cycling the sprinkler system and allowing time for the water to soak into the landscape between irrigation events.

(iv)

All city operations shall adhere to the water use restrictions.

(v)

Handwatering for landscape irrigation purposes is allowed on a daily basis regardless of the time of year and regardless of the time during the day.

(vi)

New plant material may be irrigated on a more frequent basis until the new plant material is established as defined in section 22.03.133(a)(4) of this Code of Ordinances related to the operation of irrigation systems. Variances shall not be granted for grasses used to overseed existing lawns.

(vii)

The city manager, or his/her designee, will contact wholesale water customers to discuss water supply and/or demand conditions and will request that wholesale water customers initiate measures to reduce water use (i.e., implement stage 1 of the customer's drought contingency plan).

(2)

Stage 2 - moderate water shortage conditions.

(A)

Target.

Reduce water use to less than 90% of the city's maximum daily supply capacity.

(B)

Best management practices for supply management.

(i)

The city will reduce or discontinue the flushing of water mains as well as utilize reclaimed water for nonpotable purposes where practicable.

(ii)

(C)

Water use restrictions for reducing demand.

(i)

Landscape irrigation is restricted to one day per week between the hours of 8:00 p.m. and 8:00 a.m. Landscape irrigation from October 1st through March 31st shall not be limited to the hours of 8:00 p.m. to 8:00 a.m. so as to allow for irrigation during periods when the ambient temperature rises above 35°F. Landscape irrigation yearround schedules are based on the last digit of the property address:

Properties with an address ending in 0 or 9 may water on Monday.

Properties with an address ending in 1 may water on Tuesday.

Properties with an address ending in 2 may water on Wednesday.

Properties with an address ending in 3 or 4 may water on Thursday.

Properties with an address ending in 5 or 6 may water on Friday.

Properties with an address ending in 7 or 8 may water on Saturday.

Commercial customers with larger landscapes may apply for a variance in the event that they are unable to complete the necessary irrigation cycles during the designated days and times.

(ii)

Irrigation shall provide a maximum of 1.0 inches per zone per week.

(iii)

Irrigation shall occur without water runoff, which can be accomplished by correctly cycling the sprinkler system and allowing time for the water to soak into the landscape between irrigation events.

(iv)

Water customers will limit aesthetic and nonessential water use as defined in section 22.08.003 of this Code of Ordinances. Water shall not be used to wash down hard surfaced areas, including, without limitation, sidewalks, parking lots, gutters, and patios. Except where such action is performed for health and safety reasons. Water shall not be used for dust control. However, water may be used for construction or to clean surfaces for painting.

(v)

All city operations shall adhere to the water use restrictions.

(vi)

Handwatering for landscape irrigation purposes is allowed on a daily basis regardless of the time of year and regardless of time of day.

(vii)

(viii)

The city manager, or his/her designee, will request wholesale water customers to initiate mandatory measures to reduce nonessential water use (i.e., implement stage 2 of the customer's drought contingency plan).

(3)

Stage 3 - severe water shortage conditions.

(A)

Target.

Reduce water use to less than 100% of the city's maximum daily supply capacity.

(B)

Best management practices for supply management.

(i)

The city will reduce or discontinue the flushing of water mains as well as utilize reclaimed water for nonpotable purposes where practicable.

(ii)

(C)

Water use restrictions for reducing demand.

(i)

Landscape irrigation shall not occur more than one day per month and not for more than 1.5 inches per zone. The city manager, or his/her designee, may designate the irrigation schedule.

(ii)

Irrigation shall occur without water runoff, which can be accomplished by correctly cycling the sprinkler system and allowing time for the water to soak into the landscape between irrigation events.

(iii)

Water customers will refrain from aesthetic and nonessential water use as defined in section 22.08.003 of this Code of Ordinances. Water shall not be used to wash down hard surfaced areas, including, without limitation, sidewalks, parking lots, gutters, and patios. Water shall not be used for dust control. Pools and hot tubs may not be filled or drained and refilled.

(iv)

Use of water from fire hydrants shall be limited to firefighting or other related activities necessary to maintain public health, safety, and welfare. Under the direction of the city manager, use of water from fire hydrants for construction purposes may be allowed by permit.

(v)

All city operations shall adhere to the water use restrictions.

(vi)

Handwatering for landscape irrigation purposes is allowed on a daily basis regardless of the time of year and regardless of time of day.

(vii)

The city manager, or his/her designee, will contact wholesale water customers to discuss water supply and/or demand conditions and will request that wholesale water customers initiate additional mandatory measures to reduce nonessential water use (i.e., implement stage 3 of the customer's drought contingency plan).

(4)

Stage 4 - emergency water shortage conditions.

(A)

Target.

Reduce water use to less than 50% of the city's maximum daily supply capacity.

(B)

Best management practices for supply management.

(i)

The city will discontinue the flushing of water mains, discontinue the irrigation of public landscaped areas, and will utilize reclaimed water for nonpotable purposes where practicable.

(ii)

In addition, in the event of a large-scale system failure or if the source water supply is contaminated, the city may truck in additional fresh water supplies as appropriate.

(iii)

(C)

Water use restrictions for reducing demand.

(i)

All aesthetic and nonessential water use, as defined in section 22.08.003 of this Code of Ordinances, including landscape irrigation use, is prohibited except where necessary to protect the health, safety, and welfare of the public. No new landscape material may be installed.

(ii)

All city operations will adhere to the water use restrictions.

(iii)

The city may reduce water system pressure to conserve water.

(iv)

All wholesale water customers will be encouraged to implement stage 4 of their drought contingency plans.

(D)

In addition, whenever emergency water shortage conditions exist as defined in section 22.08.078 of this Code of Ordinances, the city manager, or his/her designee(s), shall:

(i)

Assess the severity of the problem and identify the actions needed and the time required to solve the problem;

(ii)

Inform the utility director or other responsible official of each wholesale water customer by telephone, email, or in person and suggest actions, as appropriate to alleviate problems (i.e., notification of the public to reduce water use until service is restored);

(iii)

If appropriate, notify city, county, and/or state emergency response officials for assistance;

(iv)

Undertake necessary actions, including repairs and/or clean-up as needed; and

(v)

Prepare a post-event assessment report on the incident and critique of emergency response procedures and actions.

(Ordinance 2010-O0055 adopted 7/22/2010; Ordinance 2012-O0022, secs. 1–2, adopted 3/29/2012; Ordinance 2014-O0167, secs. 5–9, adopted 12/18/2014; Ordinance 2016-O0182, sec. 3, adopted 1/12/2017; Ordinance 2019-O0044 adopted 4/23/19; Ordinance 2024-O0076 adopted 6/11/2024)

§ 22.08.080 Coordination with the Canadian River Municipal Water Authority.

The city is a wholesale water customer of the Canadian River Municipal Water Authority (CRMWA), and as such must coordinate any drought responses with CRMWA. The city will periodically consult with CRMWA concerning supplies available to the city and at the request of CRMWA enact additional drought conservation measures if so directed by CRMWA.

(Ordinance 2010-O0055 adopted 7/22/2010; Ordinance 2019-O0044 adopted 4/23/19; Ordinance 2024-O0076 adopted 6/11/2024)

§ 22.08.081 Revisions to the drought and emergency contingency plan.

The city shall review and update, as appropriate, the drought and emergency contingency plan at least every five (5) years based, in part, on new or updated information, such as the adoption or revision of the regional water plan.

(Ordinance 2010-O0055 adopted 7/22/2010; Ordinance 2019-O0044 adopted 4/23/19; Ordinance 2024-O0076 adopted 6/11/2024)

§ 22.08.082 Pro rata water allocation.

In the event that the triggering criteria specified in section 22.08.078 of the plan for stage 4 - emergency water shortage conditions have been met, the city manager, or his/her designee, is hereby authorized to initiate allocation of water supplies on a pro rata basis in accordance with Texas Water Code section 11.039. A provision shall be included in every wholesale water contract entered into or renewed after adoption of the plan, including contract extensions, that in case of a shortage of water resulting from drought, the water to be distributed shall be divided in accordance with Texas Water Code section 11.039.

(Ordinance 2010-O0055 adopted 7/22/2010; Ordinance 2019-O0044 adopted 4/23/19; Ordinance 2024-O0076 adopted 6/11/2024)

§ 22.08.083 Enforcement.

(a)

Any water customer or other user of the city's water supply who violates the drought and emergency contingency plan shall be guilty of a misdemeanor and subject to a penalty and fine as set forth in section 1.01.004 of this code for each day of noncompliance. In addition, in the event: (1) the failure to comply with this article creates an imminent threat to public health, safety, or welfare; or (2) the subject person is convicted of three or more distinct violations (as opposed to consecutive multiple day events of the same violation) within a one-year period, the city, after ten-day's notice and opportunity to cure the violation, may discontinue water service until such time as the user shall be in compliance with this article and, in the case of disconnection due to an imminent health, safety, or welfare threat, pay the required charges and fees for reconnection or, in the case of disconnection due to three or more distinct violations within a one-year period, pay the required charges and fees for reconnections and provide suitable assurance to the city manager that the same action will not be repeated while the subject stage of the drought and emergency contingency plan is in effect.

(b)

Any person in apparent control of the property where a violation occurs or originates shall be presumed to be the violator and proof thereof shall constitute a rebuttable presumption that the person in apparent control of such property committed the violation.

(Ordinance 2010-O0055 adopted 7/22/2010; Ordinance 2019-O0044 adopted 4/23/19; Ordinance 2024-O0076 adopted 6/11/2024)

§ 22.08.084 Variances.

(a)

The director of water utilities may grant, in writing, a temporary variance for existing water uses otherwise prohibited under the drought and emergency contingency 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 this 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 director of water utilities. All petitions for variances shall be reviewed by the director of water utilities and shall include the following:

(1)

Name and address of the petitioner;

(2)

Purpose of water use;

(3)

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

(4)

Detailed statement with supporting data and information as to how the specific provision(s) 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 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)

Variances granted by the director of water utilities shall be subject to the following conditions, unless waived or modified by the permit and license appeal board.

(1)

Variances granted shall include a timetable for compliance.

(2)

Variances granted shall expire on the earlier to occur of:

(A)

The scheduled expiration;

(B)

When the drought and emergency contingency plan is no longer in effect; and

(C)

The date upon which 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.

(e)

In the event that a customer desires to appeal a decision of the director of water utilities made in accordance with this section, the customer may appeal to the permit and license appeal board, by making application within fifteen (15) business days of the denial of the internal administrative appeal. Such appeal shall be made in writing and filed with the city secretary.

(Ordinance 2010-O0055 adopted 7/22/2010; Ordinance 2019-O0044 adopted 4/23/19; Ordinance 2023-O0071 adopted 6/27/2023; Ordinance 2024-O0076 adopted 6/11/2024)

§ 22.08.085 through § 22.08.100. (Reserved)