[1]
Editor's note–Former article 13.700 pertaining to the drought contingency plan and deriving from Ordinance 2108 adopted 2/13/20, was amended by Ordinance 2152 adopted 9/19/2024.
(a) 
In order to conserve the available water supply and protect the integrity of water supply facilities, with particular regard for domestic water use, sanitation, and fire protection, and to protect and preserve public health, welfare, and safety and minimize the adverse impacts of water supply shortage or other water supply emergency conditions, the city hereby adopts the following regulations and restrictions on the delivery and consumption of water.
(b) 
Water uses regulated or prohibited under this drought contingency plan (the plan) are considered to be non-essential and continuation of such uses during times of water shortage or other emergency water supply condition are deemed to constitute a waste of water which subjects the offender(s) to penalties as defined in section 13.710 of this plan.
(Ordinance 2152 adopted 9/19/2024)
Opportunity for the public to provide input into the preparation of the plan was provided by the city by means of press releases, notices on utility bills, and a public meeting.
(Ordinance 2152 adopted 9/19/2024)
The city will periodically provide the public with information about the plan, including information about the conditions under which each stage of the plan is to be initiated or terminated and the drought response measures to be implemented in each stage. This information will be provided by means of press releases through the official newspaper of the city, various social media networks, local radio stations, and notices on utility bills.
(Ordinance 2152 adopted 9/19/2024)
The service area of the city is located within the Llano Estacado Regional Water Planning Group (region "O") and the Canadian River Municipal Water Authority. The city manager is hereby authorized and directed to provide a copy of this plan to the Canadian River Municipal Water Authority and Llano Estacado Regional Water Planning Group.
(Ordinance 2152 adopted 9/19/2024)
The city manager or his 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 designee, shall have the authority to initiate or terminate drought or other water supply emergency response measures as described in this plan.
(Ordinance 2152 adopted 9/19/2024)
The provisions of this plan shall apply to all persons, customers, and property utilizing water provided by the city. The terms "person" and "customer" as used in the plan include individuals, corporations, partnerships, associations, and all other legal entities.
(Ordinance 2152 adopted 9/19/2024)
For the purposes of this plan, the following definitions shall apply:
Aesthetic Water Use.
Water used for ornamental or decorative purposes such as fountains, reflecting pools, and water gardens.
Commercial and Institutional Water Use.
Water use which is integral to the operations of commercial and non-profit establishments and governmental entities such as retail establishments, hotels and motels, restaurants, and office buildings.
Conservation.
Those practices, techniques, and technologies that reduce the consumption of water, reduce the loss or waste of water, improve the efficiency in the use of water or increase the recycling and reuse of water so that a supply is conserved and made available for future or alternative uses.
Customer.
any person, company, or organization using water supplied by the city.
Domestic Water Use.
Water used for personal needs or for household or sanitary purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or institution.
Even-Numbered Address.
Street addresses, box numbers, or rural postal route numbers ending in 0, 2, 4, 6, or 8 and locations without addresses.
Industrial Water Use.
The use of water in processes designed to convert materials of lower value into forms having greater usability and value.
Landscape Irrigation Use.
Water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks, and rights-of-way and medians.
Non-essential Water Use.
Water uses that are not essential nor required for the protection of public, health, safety, and welfare, including:
(1) 
Irrigation of landscape areas, including parks, athletic fields, and golf courses, except otherwise provided under this plan;
(2) 
Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle;
(3) 
Use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas;
(4) 
Use of water to wash down buildings or structures for purposes other than immediate fire protection;
(5) 
Flushing gutters or permitting water to run or accumulate in any gutter or street;
(6) 
Use of water to fill, refill, or add to any indoor or outdoor swimming pools or jacuzzi-type pools;
(7) 
Use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to support aquatic life;
(8) 
Failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s); and
(9) 
Use of water from hydrants for construction purposes or any other purposes other than firefighting.
Odd-Numbered Address.
Street addresses, box numbers, or rural postal route numbers ending in 1, 3, 5, 7, or 9.
(Ordinance 2152 adopted 9/19/2024)
(a) 
The water utilities director 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. Public notification of the initiation or termination of drought response stages shall be by means of publication in the official newspaper of the city, local radio stations, various social media networks, and through local cable television channels.
(b) 
The triggering criteria described below are based on an analysis of the vulnerability of the water source under drought of record conditions and any identifiable limitations of production and/or delivery systems. The triggering criteria for each stage of water shortage conditions are listed in Table 1.
Table 1: Triggering Criteria for Water Shortage Conditions
Supply Level
WINTER
SUMMER
September - April
May - August
Normal Supply Level
1.40 MGD
2.60 MGD
Stage 1 - Mild Water Shortage
< 75% of normal supply or < 1.05 MGD
< 75% of normal supply or < 1.95 MGD
Stage 2 - Critical Water Shortage
< 50% of normal supply or < 0.70 MGD
< 50% of normal supply or < 1.30 MGD
Stage 3 - Emergency Water Shortage
< 25% of normal supply or < 0.35 MGD
< 25% of normal supply or < 0.65 MGD
(1) 
Stage 1 - Mild Water Shortage Conditions.
(A) 
Requirements for Initiation.
Customers shall be requested to voluntarily conserve water and adhere to the prescribed restrictions on certain [non-essential] water uses, defined in section 13.707, definitions, when the water supply available to the city is equal to or less than 75% of normal supply levels, or when the water utilities director determines that a water shortage condition [exists].
(B) 
Requirements for Termination.
Stage 1 of the plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of three (3) consecutive days as determined by the water utilities director.
(2) 
Stage 2 - Critical Water Shortage Conditions.
(A) 
Requirements for Initiation.
Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses as defined in section 13.707, definitions, of this plan when the water supply available to the city is equal to or less than 50% of normal supply levels, or when the water utilities director determines that a critical water condition exists based on:
(i) 
Major water line breaks, or pump or system failures occur, which cause unprecedented loss of capability to provide water service; or
(ii) 
Natural or man-made contamination of the water supply source(s).
(B) 
Requirements for Termination.
Stage 2 of the plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of three (3) consecutive days as determined by the water utilities director.
(3) 
Stage 3 - Emergency Water Shortage Conditions.
(A) 
Requirements for Initiation.
Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses as defined in section 13.707, definitions, of this plan when the water supply available to the city is equal to or less than 25% of normal supply levels, or when the water utilities director determines that an emergency water crisis condition exists based on:
(i) 
An analysis of water supply availability under drought of record conditions may indicate that there is an immediate risk of water supply shortage;
(ii) 
That there exist severe facility capacity limitations; or
(iii) 
Emergency conditions such as supply source contamination exists.
(B) 
Requirements for Termination.
Stage 3 of the plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of three (3) consecutive days as determined by the water utilities director.
(Ordinance 2152 adopted 9/19/2024)
The water utilities director shall monitor water supply and/or demand conditions on a daily basis and, in accordance with the triggering criteria set forth in section 13.708 of the plan, shall determine that a mild, critical, or emergency condition exists and shall implement the following actions upon publication of notice:
(1) 
Stage 1 - Mild Water Shortage Conditions.
(A) 
Goal.
Achieve a ten percent (10%) reduction in daily water demand.
(B) 
Supply Management Measures.
Measures, if any, to be implemented to manage limited water supplies and/or reduce water demand may include reduced or discontinued flushing of water mains, activation and use of an alternative supply source(s), reduced or discontinued irrigation of public landscaped areas, and use of reclaimed water for non-potable purposes.
(C) 
Voluntary Water Use Restrictions.
(i) 
Water customers are requested to voluntarily limit the irrigation of landscaped areas to Sundays and Thursdays for customers with a street address ending in an even number (0, 2, 4, 6 or 8), and Saturdays and Wednesdays for water customers with a street address ending in an odd number (1, 3, 5, 7 or 9), and to irrigate landscapes only between the hours of midnight and 10:00 a.m. and 8:00 p.m. to midnight on designated watering days.
(ii) 
Water customers are requested to practice water conservation and to minimize or discontinue water use for non-essential purposes.
(2) 
Stage 2 - Critical Water Shortage Conditions.
(A) 
Goal.
Achieve a 50% reduction in daily water demand.
(B) 
Supply Management Measures.
Measures, if any, to be implemented to manage limited water supplies and/or reduce water demand may include reduced or discontinued flushing of water mains, activation and use of an alternative supply source(s), reduced or discontinued irrigation of public landscaped areas, and use of reclaimed water for non-potable purposes.
(C) 
Water Use Restrictions.
All requirements of stage 1 shall remain in effect during stage 2 except:
(i) 
Irrigation of landscaped areas with hose-end sprinklers or automatic irrigation systems shall be limited to Sundays and Thursdays for customers with a street address ending in an even number (0, 2, 4, 6 or 8), and Saturdays and Wednesdays for water customers with a street address ending in an odd number (1, 3, 5, 7 or 9), and irrigation of landscaped areas is further 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.
(ii) 
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 rises. Vehicle washing may be done at any time on the immediate premises of a commercial car wash or commercial service station. Further, such washing may be exempted from these regulations if the health, safety, and welfare of the public is contingent upon frequent vehicle cleansing, such as garbage trucks and vehicles used to transport food and perishables.
(iii) 
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.
(iv) 
Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system.
(v) 
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.
(vi) 
Use of water for the irrigation of golf course greens, tees, and fairways is prohibited except on designated watering days between the hours 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 source other than that provided by the city, the facility shall not be subject to these regulations.
(vii) 
All restaurants are prohibited from serving water to patrons except when requested.
(viii) 
The following uses of water are defined as non-essential and are prohibited:
a. 
Wash down of any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas;
b. 
Use of water to wash down buildings or structures for purposes other than immediate fire protection;
c. 
Use of water for dust control;
d. 
Flushing gutters or permitting water to run or accumulate in any gutter or street; and
e. 
Failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s).
(3) 
Stage 3 - Emergency Water Shortage Conditions.
(A) 
Goal.
Achieve a 75% reduction in daily water demand.
(B) 
Supply Management Measures.
Measures, if any, to be implemented to manage limited water supplies and/or reduce water demand may include reduced or discontinued flushing of water mains, activation and use of an alternative supply source(s), reduced or discontinued irrigation of public landscaped areas, and use of reclaimed water for non-potable purposes.
(C) 
Water Use Restrictions.
All requirements of stage 1 and 2 shall remain in effect during stage 3 except:
(i) 
Irrigation of landscaped areas is absolutely prohibited.
(ii) 
Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is absolutely prohibited.
(iii) 
The filling, refilling, or adding of water to swimming pools, wading pools, and jacuzzi-type pools is prohibited.
(iv) 
Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system.
(v) 
No applications for new, additional, expanded, or increased-in-size water service connections, meter, service lines, pipeline extensions, mains, or water service facilities of any kind shall be allowed or approved.
(Ordinance 2152 adopted 9/19/2024)
(a) 
No person shall knowingly or intentionally allow the use of water from the city for residential, commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this plan, or in an amount in excess of that permitted by the drought response stage in effect at the time pursuant to action taken by the city manager, or his/her designee, in accordance with provisions of the plan.
(b) 
Any person who violates this plan is guilty of a misdemeanor and, upon conviction shall be punished by a fine of not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00). Each day that one or more of the provisions in this plan is violated shall constitute a separate offense. If a person is convicted of three or more distinct violations of this plan, the city secretary 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 re-connection charge, hereby established at one hundred dollars ($100.00), and any other costs incurred by the city in discontinuing service. In addition, suitable assurance must be given to the city secretary that the same actions shall not be repeated while the plan is in effect. Compliance with this plan may also be sought through injunctive relief in the district court.
(c) 
Any person, including a person classified as a water customer of the city, in apparent control of the property where a violation occurs or originates shall be presumed to be the violator, and proof that the violation occurred on the person's property shall constitute 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. Parents shall be presumed to be responsible for violations of their minor children and proof that a violation, committed by a child, occurred on property within the parents' control shall constitute a rebuttable presumption that the parent committed the violation, but any such parent may be excused if he/she proves that he/she had previously directed the child not to use the water as it was used in violation of this plan and that the parent could not have reasonably known of the violation.
(d) 
Any employee of the city designated by the city manager may issue a citation to a person he/she reasonably believes to be in violation of this article. The citation shall be prepared in duplicate and shall contain the name and address of the alleged violator, if known, the offense charged, and shall direct him/her to appear in the municipal court on the date shown on the citation for which the date shall not be less than 3 days nor more than 5 days from the date the citation was issued. The alleged violator shall be served a copy of the citation. Service of the citation shall be complete upon delivery of the citation to the alleged violator, to an agent or employee of a violator, or to a person over 14 years of age who is a member of the violator's immediate family or is a resident of the violator's residence. The alleged violator shall appear in municipal court to enter a plea of guilty or not guilty for the violation of this plan. If the alleged violator fails to appear in municipal court, a warrant for his/her arrest may be issued. A summons to appear may be issued in lieu of an arrest warrant. These cases shall be expedited and given preferential setting in municipal court before all other cases.
(Ordinance 2152 adopted 9/19/2024)
(a) 
The city manager or his/her designee, may, in writing, grant temporary variance for existing water uses otherwise prohibited under this plan if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the health, sanitation, or fire protection for the public or the person requesting such variance and if one or more of the following conditions are met:
(1) 
Compliance with this plan cannot be technically accomplished during the duration of the water supply shortage or other condition for which the plan is in effect.
(2) 
Alternative methods can be implemented which will achieve the same level of reduction in water use.
(b) 
Persons requesting an exemption from the provisions of this Ordinance shall file a petition for variance with the city manager within 5 days after the plan or a particular drought response stage has been invoked. All petitions for variances shall be reviewed by the city manager, or his/her designee, 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 article.
(5) 
Description of the relief requested.
(6) 
Period of time for which the variance is sought.
(7) 
Alternative water use restrictions or other measures the petitioner is taking or proposes to take to meet the intent of this plan and the compliance date.
(8) 
Other pertinent information.
(c) 
Variances granted by the city shall be subject to the following conditions, unless waived or modified by the city manager or his/her designee:
(1) 
Variances granted shall include a timetable for compliance.
(2) 
Variances granted shall expire when the plan is no longer in effect, unless the petitioner has failed to meet specified requirements.
(d) 
No variance shall be retroactive or otherwise justify any violation of this plan occurring prior to the issuance of the variance.
(Ordinance 2152 adopted 9/19/2024)