(a) 
Recognizing the need for efficient use of existing water supplies, the Texas Commission on Environmental Quality (TCEQ) has developed guidelines and requirements governing the development of drought contingency plans for public water suppliers. The TCEQ rules governing development of drought contingency plans for public water suppliers are contained in title 30, part 1, chapter 288, subchapter B, rule 288.20 of the Texas Administrative Code, which is included as Appendix B to Ordinance 1499. For the purpose of these rules, a drought contingency plan is defined as:
"A strategy or combination of strategies for temporary supply and demand management responses to temporary and potentially recurring water supply shortages and other water supply emergencies. A drought contingency plan may be a separate document identified as such or may be contained within another water management document(s)."
(b) 
The city has adopted this drought contingency plan pursuant to TCEQ guidelines and requirements.
(c) 
The purpose of this drought contingency plan is as follows:
(1) 
To conserve the available water supply in times of drought and emergency.
(2) 
To maintain supplies for domestic water use, sanitation, and fire protection.
(3) 
To protect and preserve public health, welfare, and safety.
(4) 
To minimize the adverse impacts of water supply shortages.
(5) 
To minimize the adverse impacts of emergency water supply conditions.
(Ordinance 1499 adopted 7/1/2024)
(a) 
Drought contingency plan.
This drought contingency plan is consistent with Texas Commission on Environmental Quality (TCEQ) guidelines and requirements for development of drought contingency plans by public drinking water suppliers, contained in title 30, part 1, chapter 288, subchapter B, rule 288.20 of the Texas Administrative Code. This rule is included in appendix B to Ordinance 1499.
(b) 
Minimum Requirements.
TCEQ's minimum requirements for drought contingency plans are addressed in the following subsections of this report:
(1) 
288.20(a)(1)(A) - Provisions to inform the public and provide opportunity for public input - Section 13.1363.
(2) 
288.20(a)(1)(B) - Provisions for continuing public education and information - Section 13.1364.
(3) 
288.20(a)(1)(C) - Coordination with regional water planning group - Section 13.1369.
(4) 
288.20(a)(1)(D) - Criteria for initiation and termination of drought stages - Section 13.1365.
(5) 
288.20(a)(1)(E) - Drought and emergency response stages - Section 13.1366.
(6) 
288.20(a)(1)(F) - Specific, quantified targets for water use reductions - Section 13.1366.
(7) 
288.20(a)(1)(G)- Water supply and demand management measures for each stage - Section 13.1366.
(8) 
288.20(a)(1)(H) - Procedures for initiation and termination of drought stages - Section 13.1366.
(9) 
288.20(a)(1)(I) - Procedures for granting variances - Section 13.1367.
(10) 
288.20(a)(1)(J) - Procedures for enforcement of mandatory restrictions - Section 13.1368.
(11) 
288.20(a)(3) - Consultation with Wholesale Supplier - Section 13.1366.
(12) 
288.20(b) - Notification of implementation of mandatory measures - Section 13.1365(a).
(13) 
288.20(c)-Review and update of plan - Section 13.1370.
(Ordinance 1499 adopted 7/1/2024)
The city provided opportunity for public input in the development of this drought contingency plan by the following means:
(1) 
Making the plan available to the public through the city's website at www.cityofpottsboro.com.
(2) 
Providing written notice of the proposed plan and the opportunity to comment on the plan by newspaper and posted notice.
(3) 
Providing the draft plan to anyone requesting a copy.
(4) 
Holding a public meeting on July 1st at 5:30 p.m. at the city council chambers located at 528 Highway 120E, Pottsboro Texas 75076.
(Ordinance 1499 adopted 7/1/2024)
(a) 
The city will inform and educate the public about its drought contingency plan by the following means:
(1) 
Making the plan available to the public through the city's website at www.cityofpottsboro.com.
(2) 
Preparing a bulletin describing the plan and making it available at city hall or other appropriate locations.
(3) 
Notifying local organizations, schools, and civic groups that the city staff members are available to make presentations on the drought contingency plan.
(b) 
At any time that the drought contingency plan is activated or the drought stage changes, the city will notify local media of the issues, the drought response stage, and the specific actions required of the public. Billing inserts or mail outs will also be used as appropriate.
(Ordinance 1499 adopted 7/1/2024)
(a) 
Initiation of drought response stages.
(1) 
The mayor or his/her official designee may order the implementation of a drought response stage or water emergency when one or more of the trigger conditions for that stage is met. The following actions will be taken when a drought stage is initiated:
(A) 
The public will be notified though local media.
(B) 
Wholesale customers will be notified by telephone with a follow-up letter or by electronic communication such as email or social media.
(C) 
If any mandatory provisions of the drought contingency plan are activated, the city will notify the executive director of the TCEQ within five business days.
(2) 
For other trigger conditions, the mayor or his/her designee may decide not to order the implementation of a drought response stage or water emergency even though one or more of the trigger criteria for the stage are met. Factors that could influence such a decision include, but are not limited to, the time of the year, weather conditions, the anticipation of replenished water supplies, or the anticipation that additional facilities will become available to meet needs.
(b) 
Termination of drought response stages.
(1) 
The mayor or official designee may order the termination of a drought response stage or water emergency when the conditions for termination are met or at his/her discretion. The following actions will be taken when a drought stage is terminated:
(A) 
The public will be notified through local media.
(B) 
Wholesale customers will be notified by telephone with a follow-up letter or fax.
(C) 
When any mandatory provisions of the drought contingency plan that have been activated are terminated, the city will notify the executive director of the TCEQ within five business days.
(2) 
The mayor or his/her designee may decide not to order the termination of a drought response stage or water emergency even though the conditions for termination of the stage are met. Factors that could influence such a decision include, but are not limited to, the time of the year, weather conditions, or the anticipation of potential changed conditions that warrant the continuation of the drought stage.
(Ordinance 1499 adopted 7/1/2024)
(a) 
Stage 1, mild.
(1) 
Triggering and termination conditions for stage 1, mild.
(A) 
Demand exceeds 90% of the amount that can be delivered to customers for seven consecutive days.
(B) 
Water demand for all or part of the delivery system approaches delivery capacity because delivery capacity is inadequate.
(C) 
Supply source becomes contaminated.
(D) 
Water supply system is unable to deliver water due to the failure or damage of major water system components.
(E) 
Water demand is approaching the limit of the permitted supply.
Stage 1 can be terminated when the circumstances that caused the initiation of stage 1 no longer prevail.
(2) 
Goal for use reductions and actions available under stage 1, mild.
The goal for water use reduction under stage 1, mild is a 0 percent reduction of the use that would have occurred in the absence of drought contingency measures. The purpose of actions under stage 1, Mild is to raise public awareness of potential drought problems. The mayor or his/her designee can order the implementation of any of the actions listed below, as deemed necessary:
(A) 
Request voluntary reductions in water use by the public and by wholesale customers.
(B) 
Increase public education efforts on ways to reduce water use.
(C) 
Review the problems that caused the initiation of stage 1.
(D) 
Notify major water users and work with them to achieve voluntary water use reductions.
(E) 
Intensify efforts on leak detection and repair.
(F) 
Reduce nonessential city government water use, including street cleaning, vehicle washing, and operation of ornamental fountains.
(G) 
Reduce city government water use for landscape irrigation.
(H) 
Request water customers to voluntarily abide by a watering schedule to limit the irrigation of landscaped areas to between the hours of 12:00 midnight and 10:00 a.m. and 8:00 p.m. and 12:00 midnight. The following schedule is recommended for implementation; however, an alternate schedule may be used if it is found to be more effective:
(i) 
Customers with street addresses ending in an even number (0, 2, 4, 6, or 8): Sundays and Thursdays.
(ii) 
Customers with street addresses ending in an odd number (1, 3, 5, 7, or 9): Saturdays and Tuesdays.
(I) 
Notify wholesale customers of actions being taken in the city and require implementation of similar procedures.
(b) 
Stage 2, Moderate.
(1) 
Triggering and termination conditions for stage 2, moderate.
(A) 
Demand exceeds 95% of the amount that can be delivered to customers for three consecutive days.
(B) 
Water demand for all or part of the delivery system equals delivery capacity because delivery capacity is inadequate.
(C) 
Supply source becomes contaminated.
(D) 
Water supply system is unable to deliver water due to the failure or damage of major water system components.
(E) 
Water demand is approaching the limit of the permitted supply.
Stage 2 can terminate when the circumstances that caused the initiation of stage 2 no longer prevail. Stage 1 becomes operative on termination of stage 2.
(2) 
Goal for use reduction and actions available under stage 2, moderate.
The goal for water use reduction under stage 2, moderate is a 2 percent reduction of the use that would have occurred in the absence of drought contingency measures. The mayor or his/her designee can order the implementation of any of the actions listed below, as deemed necessary:
(A) 
All restrictions of stage 1 shall remain in effect during stage 2.
(B) 
Initiate engineering studies to evaluate alternatives should conditions worsen.
(C) 
Further accelerate public education efforts on ways to reduce water use.
(D) 
Requires Notification to TCEQ - Limit landscape watering at each service address to once every five days based on the last digit of the address. (Exceptions: Foundations, new plantings (first year) of trees and shrubs may be watered for up to two hours on any day by a hand-held hose or a soaker hose. Restrictions do not apply to locations using treated wastewater effluent for irrigation.) A mandatory lawn-watering schedule shall be imposed. The following schedule is recommended for implementation; however, an alternate schedule may be used if it is found to be more effective:
(i) 
Customers with street addresses ending in an even number (0, 2, 4, 6, or 8): Sundays and Thursdays.
(ii) 
Customers with street addresses ending in an odd number (1, 3, 5, 7, or 9): Saturdays and Tuesdays.
Irrigation of landscaped areas is limited to the hours of 12:00 midnight until 10:00 a.m. and between 8:00 p.m. and 12:00 midnight on designated watering days. However, irrigation of landscaped areas is permitted at any time if it is by means of a hand-held hose, a faucet filled bucket or watering can of five (5) gallons or less, or drip irrigation system.
(E) 
Requires notification to TCEQ
- Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is prohibited except on designated watering days between the hours of 12:00 midnight and 10:00 a.m. and between 8:00 p.m. and 12:00 midnight. Such washing, when allowed, shall be done with a hand-held bucket or a hand-held hose equipped with a positive shutoff nozzle for quick rinses. Vehicle washing may be done at any time on the immediate premises of a commercial carwash or commercial service station. Further, such washing may be exempted from these regulations 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.
(F) 
Requires notification to TCEQ
- Use of water to fill, refill, or add to any indoor or outdoor swimming pools, wading pools, or jacuzzi-type pools is prohibited except on designated watering days between the hours of 12:00 midnight and 10:00 a.m. and between 8:00 p.m. and 12:00 midnight.
(G) 
Requires notification to TCEQ
- Use of water from hydrants shall be limited to firefighting, related activities, or other activities necessary to maintain public health, safety, and welfare, except that use of water from designated fire hydrants for construction purposes may be allowed under special permit from the city.
(H) 
Requires notification to TCEQ - Use of water for irrigation of golf course greens, tees, and fairways is prohibited except on designated watering days between the hours of 12:00 midnight and 10:00 a.m. and between 8:00 p.m. and 12:00 midnight. However, if the golf course utilizes a water resource other than provided by the city, the facility shall not be subject to these regulations.
(I) 
Notify wholesale customers of actions being taken in the city and require them to implement similar procedures.
(c) 
Stage 3, severe.
(1) 
Triggering and termination conditions for Stage 3, Severe.
(A) 
Demand exceeds 98% of the amount that can be delivered to customers for three consecutive days.
(B) 
Water demand for all or part of the delivery system exceeds delivery capacity because delivery capacity is inadequate.
(C) 
Supply source becomes contaminated.
(D) 
Water supply system is unable to deliver water due to the failure or damage of major water system components.
(E) 
Water demand is approaching the limit of the permitted supply.
Stage 3 can terminate when the circumstances that caused the initiation of stage 3 no longer prevail. Stage 2 becomes operative on termination of stage 3.
(2) 
Goal for use reduction and actions available under stage 3, severe.
(A) 
The goal for water use reduction under stage 3, severe, is a reduction of 5 percent of the use that would have occurred in the absence of drought contingency measures. If the circumstances warrant, the mayor or his/her designee can set a goal for greater water use reduction.
(B) 
The mayor or his/her designee can order the implementation of any of the actions listed below, as deemed necessary. Measures described as "requires notification to TCEQ" impose mandatory requirements on retail and wholesale customers. The city staff must notify TCEQ within five business days if these measures are implemented.
(i) 
All requirements of stages 1 and 2 shall remain in effect during stage 3.
(ii) 
Implement viable alternative water supply strategies.
(iii) 
Requires notification to TCEQ - Initiate mandatory water use restrictions as follows:
a. 
Prohibit hosing of paved areas, buildings, or windows.
b. 
Prohibit operation of ornamental fountains.
c. 
Prohibit washing or rinsing of vehicles by hose.
d. 
Prohibit using water in such a manner as to allow runoff or other waste.
(iv) 
Requires Notification to TCEQ
- Limit landscape watering at each service address to once every five days based on the last digit of the address. (Exceptions: Foundations, new plantings (first year) of trees and shrubs may be watered for up to two hours on any day by a hand-held hose or a soaker hose. Restrictions do not apply to locations using treated wastewater effluent for irrigation.) A mandatory lawn-watering schedule shall be imposed. The following schedule is recommended for implementation; however, an alternate schedule may be used if it is found to be more effective:
a. 
Customers with street addresses ending in an even number (0, 2, 4, 6, or 8): Sundays and Thursdays.
b. 
Customers with street addresses ending in an odd number (1, 3, 5, 7, or 9): Saturdays and Tuesdays.
Irrigation shall be limited to the designated watering days between the hours of 6:00 a.m. and 10:00 a.m. and between the hours of 8:00 p.m. and 12:00 midnight and shall be by means of hand-held hoses, hand-held buckets, drip irrigation or permanently installed automatic sprinkler systems only. The use of hose-end sprinklers is prohibited at all times.
(v) 
Requires Notification to TCEQ - Watering of golf courses is prohibited unless the golf course utilizes a water source other than the city.
(vi) 
Use of water for construction purposes from designated fire hydrants under special permit is to be discontinued.
(vii) 
Requires Notification to TCEQ - Prohibit draining and filling of existing pools and filling of new pools. (Pools may add water to replace losses during normal use.)
(viii) 
Requires Notification to TCEQ - Prohibit establishment of new landscaping.
(ix) 
Initiate a 12 percent rate surcharge for all water use over 10,000 gallons per connection per month.
(x) 
Discontinue city government water use for landscape irrigation, except as needed to prevent foundation damage, and preserve new plantings.
(xi) 
Halt nonessential city government water use, including street cleaning, vehicle washing, and operations of ornamental fountains.
(xii) 
Requires Notification to TCEQ - Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life or where such fountain or ponds are equipped with a recirculating system.
(xiii) 
Notify wholesale customers of actions being taken in the city and require them to implement similar procedures.
(d) 
Stage 4, emergency.
(1) 
Triggering and termination conditions for Stage 4, emergency.
(A) 
Demand exceeds the amount that can be delivered to customers.
(B) 
Water demand for all or part of the delivery system seriously exceeds delivery capacity because the delivery capacity is inadequate.
(C) 
Supply source becomes contaminated.
(D) 
Water supply system unable to deliver water due to the failure or damage of major water system components.
(E) 
Water demand is approaching the limit of the permitted supply.
Stage 4 can terminate when the circumstances that caused the initiation of stage 4 no longer prevail. Stage 3 becomes operative on termination of stage 4.
(2) 
Goal for use reduction and actions available under stage 4, emergency.
(A) 
The goal for water use reduction under stage 4, emergency, is a reduction of 10 percent of the use that would have occurred in the absence of drought contingency measures. If circumstances warrant, the mayor or his/her designee can set a goal for greater water use reduction.
(B) 
The mayor or his/her designee can order the implementation of any of the actions listed below, as deemed necessary. Measures described as "requires notification to TCEQ" impose mandatory requirements on retail and wholesale customers. The city staff must notify TCEQ within five business days if these measures are implemented.
(i) 
Continue or initiate any actions available under stages 1, 2 and 3.
(ii) 
Implement viable alternative water supply strategies.
(iii) 
Requires notification to TCEQ - Prohibit washing of vehicles except as necessary for health, sanitation or safety reasons, including carwashes.
(iv) 
Requires notification to TCEQ - Prohibit commercial and residential landscape watering, except that foundations may be watered for 2 hours each day with a hand-held hose or soaker hose.
(v) 
Requires notification to TCEQ - Prohibit golf course watering except for greens and tee boxes.
(vi) 
Requires notification of TCEQ - Prohibit any filling of private pools. Commercial and public pools may refill to replace losses during normal use.
(vii) 
Requires notification of TCEQ - Require all commercial water users to reduce water use by a percentage established by the mayor and his/her designee.
(viii) 
Initiate a 25 percent rate surcharge over normal rates for all water use over 10,000 gallons per month.
(ix) 
Notify wholesale customers of actions being taken by the city and require them to implement similar procedures.
(Ordinance 1499 adopted 7/1/2024)
(a) 
The mayor and his/her designee may grant temporary variances for existing water uses otherwise prohibited under this drought contingency plan if one or more of the following conditions is met:
(1) 
Failure to grant such a variance would cause an emergency condition adversely affecting health, sanitation, or fire safety for the public or the person requesting the variance.
(2) 
Compliance with this plan cannot be accomplished due to technical or other limitations.
(3) 
Alternative methods that achieve the same level of reduction in water use can be implemented.
(b) 
Variances shall be granted or denied at the discretion of the mayor or his/her designee. All petitions for variances should be in writing and should include the following information:
(1) 
Name and address of the petitioner(s).
(2) 
Purpose of water use.
(3) 
Specific provisions from which relief is requested.
(4) 
Detailed statement of the adverse effect of the provision from which relief is requested.
(5) 
Description of relief requested.
(6) 
Period of time for which the variance is sought.
(7) 
Alternative measures that will be taken to reduce water use.
(8) 
Other pertinent information.
(Ordinance 1499 adopted 7/1/2024)
Mandatory water use restrictions may be imposed in stage 3 and stage 4 drought stages. These mandatory water use restrictions will be enforced by warnings and penalties as follows:
(a) 
On the first violation, customers will be given a written warning that they have violated the mandatory water use restriction.
(b) 
On the second and subsequent violations, citations may be issued to customers, with fines not less than $150.00 and not to exceed $300.00 per incident.
(c) 
After two violations have occurred, the city may install a flow restrictor in the line to limit the amount of water that may pass through the meter in a 24-hour period.
(d) 
After three violations have occurred, the city may cut off water service to the customer.
(Ordinance 1499 adopted 7/1/2024)
The city is located within the region C water planning area. Appendix D to Ordinance 1499 includes a copy of a letter sent to the chair of the Region C Water Planning Group (RCWPG) with this water conservation and drought contingency plan.
(Ordinance 1499 adopted 7/1/2024)
As required by TCEQ rules, the city will review this drought contingency plan every five years. The plan will be updated as appropriate based on new or updated information. As the plan is reviewed and subsequently updated, a copy of the revised water conservation and drought contingency plan will be kept on file at the city and submitted to the RCWPG for their records.
(Ordinance 1499 adopted 7/1/2024)