[1]
State law reference–Drought contingency plans, V.T.C.A., Water Code, sec. 11.1272.
Editor's note–Former article 18.08 pertaining to the drought contingency and water emergency plan was amended by Ordinance CO24.06.27.E2 adopted 6/27/2024. Prior to the amendment, this article derived from the following: Ordinance CO13-19-04-25-E1 adopted 4/25/19; Ordinance CO41.22.06.09.E1 adopted 6/9/2022; Ordinance CO20.23.05.11.E1 adopted 5/11/2023.
The City Council hereby approves the addition of definitions, prohibiting water waste during all drought response stages, and revisions to drought response stages to the City's drought contingency and water emergency plan (the "plan"). The City commits to implement the program changes according to the procedures set forth in the revised plan.
(Ordinance CO24.06.27.E2 adopted 6/27/2024)
(a) 
It is hereby declared that, because of the water conditions prevailing in the City, the water resources available to the City shall be put to the maximum beneficial use and that the waste, unreasonable use, or unreasonable method of use of water be prevented, and the conservation of such water to be extended with a view to the reasonable and beneficial use thereof in the interests of the people of the City and for the public health and welfare.
(b) 
Water uses regulated or prohibited under the plan are considered to be nonessential 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 enforcement as defined in section 18.08.012 of this article.
(Ordinance CO24.06.27.E2 adopted 6/27/2024)
All information, including updates, regarding the plan will be made available to the public at all times on the City's website.
(Ordinance CO24.06.27.E2 adopted 6/27/2024)
The service area of the City is located within the Lower Colorado Regional Water Planning Area (Region K) and the Brazos Region G., and the City has provided a copy of this plan to both. Furthermore, this plan shall be altered by the City to reflect any regulations dictated by the Lower Colorado River Authority (LCRA) or any other governmental entity authorized to promulgate water conservation regulations applicable to the City.
(Ordinance CO24.06.27.E2 adopted 6/27/2024)
The City Manager 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 shall have the authority to initiate or terminate drought or other water supply emergency response measures as directed by LCRA and/or described in this plan.
(Ordinance CO24.06.27.E2 adopted 6/27/2024)
The provisions of this plan shall apply to all persons, customers, and property utilizing water provided by the City. The terms "persons" and "customer" as used in the plan include individuals, corporations, partnerships, associations, and all other legal entities.
(Ordinance CO24.06.27.E2 adopted 6/27/2024)
For the purpose of this plan, the following definitions shall apply:
Acre-feet.
The amount of water required to cover an area of one acre to a depth of one foot. One acre-foot of water is equal to 325,851 gallons.
Auxiliary source.
A source of water other than the City's public water system which may include reuse effluent, raw, ground or well water.
City.
The City of Cedar Park, Texas.
City Manager.
The City Manager or any designated person acting on the City Manager's behalf.
Combined storage.
The amount of water stored in acre-feet in Lake Travis and Lake Buchanan according to records kept by the Lower Colorado River Authority (LCRA).
Commercial/nonresidential customer.
All other customers not classified as residential customer, including but not limited to businesses, schools, churches, large properties, athletic fields, municipally sponsored public gatherings, government entities, multifamily developments, condominiums, townhomes, and property management associations (e.g. homeowners associations).
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, organization, or legal entity receiving water supplied by the City.
Drip irrigation.
A method of irrigation which is typically installed below ground and consists of porous piping or emitters which allow the application of water at a slow and constant rate.
Drought tolerant landscaping.
A method of landscaping which conserves water through the use of specific principles of design, plant selection, installation, maintenance, and irrigation methods.
Efficient irrigation technology.
Irrigation techniques that use the latest technology with variables such as but not limited to soil moisture sensors, rain shutoff devices, and evapotranspiration based watering system controllers.
Landscape irrigation use.
Potable water used for the irrigation and maintenance of landscaped areas, whether privately or publicly owned, including residential and commercial lawns, gardens, golf courses, parks, and rights-of-way and medians.
Maintenance filling.
The act of adding water to a swimming pool to where the level is between one-half and half up the skimmer box opening.
Outdoor water use.
Includes, but is not limited to, watering lawns, shrubs, vegetables, athletic fields, large properties, and other types of outdoor vegetation; washing vehicles, boats, and trailers; use of landscape irrigation systems; refilling or adding water to swimming pools or wading pools or ponds; the operation of aesthetic or recreational devices such as water slides or any other water-related recreational features; the watering of patios, driveways, parking areas, streets, tennis courts, sidewalks or other paved areas; and the watering of ground foundations. Outdoor water use restrictions do not apply to reclaimed water systems.
Residential customer.
Any person, company, organization, or other legal type entity receiving water supplied by the City at a location where the principal use of the property is for single-family or duplex habitation. Townhomes, condominiums and multifamily complexes are considered commercial/nonresidential customers for the purpose of this plan.
Soaker hose.
A perforated or permeable garden-type hose or pipe that is laid above ground that provides irrigation at a slow and constant rate.
(Ordinance CO24.06.27.E2 adopted 6/27/2024)
(a) 
The City Manager shall monitor the water supply and/or production and shall determine when conditions warrant initiation or termination of each drought response stage of the plan and shall implement water use restrictions upon notification to the public.
(b) 
The triggering criteria described below are based on combined storage, customer water consumption and water treatment plant production/distribution system capacity; however, the stated triggering criteria are not intended as an exhaustive or finite listing, and regardless of whether any stated triggering criteria are present, the City Manager may initiate and/or terminate each drought response stage of the plan to protect the public health, safety, and welfare and in the best interest of the City.
(1) 
Stage 1 - base two-day outdoor watering.
(A) 
Requirements for initiation.
This stage shall be considered the baseline water conservation stage for the City and will be implemented at all times when stages 2 through 5 or the emergency water conservation stage are not in effect. Customers shall adhere to a mandatory no more than twice-per-week outdoor watering schedule. This stage is designed to promote water efficiency throughout the City.
(B) 
Water use restrictions.
Under threat of penalty for violation, the following water use restrictions shall apply to all persons:
(i) 
Water customers shall limit outdoor water use by adhering to the no more than two-day per week watering schedule for outdoor water use. Outdoor water use shall only occur on a designated outdoor watering day, which shall be no more than two days per week.
(ii) 
Residential customer watering days:
a. 
Last digit of their street address ending in a 0, 2, 4, 6, or 8: Thursday and Sunday.
b. 
Last digit of their street address ending in a 1, 3, 5, 7 or 9: Wednesday and Saturday.
(iii) 
Commercial customer watering days: Tuesday and Friday.
(iv) 
Use of water for the irrigation of golf course greens, tees, and fairways is prohibited except on designated watering days. Such irrigation may not take place between the hours of 10:00 a.m. and 7:00 p.m.
(v) 
Outdoor water use is prohibited between the hours of 10:00 a.m. and 7:00 p.m. except with handheld hoses equipped with a positive pistol grip nozzle or other device that automatically shuts off water flow when the hose is not being used, or handheld buckets. The following outdoor water uses are exempt from the weekly watering schedule and can be done at any time of day:
a. 
The irrigation of commercial plant nurseries and residential food-supplying vegetable gardens.
b. 
Irrigation using an auxiliary source.
c. 
Irrigation using a soaker hose or drip irrigation.
d. 
New landscape installation during installation and the first 21 consecutive days upon a variance approval by the City.
e. 
The testing of new irrigation systems or existing irrigation systems being tested or under repair.
f. 
The washing of automobiles, trucks, motorbikes, boats, trailers, airplanes and other vehicles is allowed on any day and can be done at any time of day. The washing shall be done with a handheld bucket or handheld hose equipped with a pistol grip nozzle or other device that automatically shuts off water flow when the hose is not being used. Commercial carwashes may operate in stage 1.
g. 
Charity carwashes are allowed on any day at any time with a handheld hose equipped with a pistol grip nozzle or other device that automatically shuts off water flow when the hose is not being used.
h. 
Splash pads and other commercial recreational water devices are allowed to operate during this stage.
i. 
Events involving the use of water such as: festivals, parties, water slides, and other activities involving the use of water are permitted if the water being used drains to a recirculating device, or onto a pervious surface to prevent water waste.
j. 
A person may not use commercially operated cosmetic power/pressure washing equipment unless it is fitted with a spray nozzle using no more than 3.5 gallons of water per minute and employing a working trigger shutoff with a protective weep mechanism. Equipment fitted with this technology is exempt from the watering schedule and is permitted for use at any time of day.
k. 
Filling of all new and existing swimming pools, hot tubs, wading pools, is permitted. Pools shall not be drained into the City's sanitary sewer system.
l. 
Controllable leak(s) shall be repaired within 10 business days after having been given notice directing the repair of such leak(s).
m. 
Use of water from fire hydrants shall be limited to firefighting and activities necessary to maintain public health, safety, and welfare. Use of water from designated fire hydrants for construction purposes may be allowed under special conditions and requires a meter; a variance application must be submitted with an explanation of the special conditions. Water from fire hydrants shall not be used for any reasons outside of the City's service area.
(2) 
Stage 2 - enhanced: two-day outdoor watering.
(A) 
Requirements for initiation.
Customers shall be required to comply with the requirements and restrictions of stage 2 when one or a combination of such triggering criteria occurs:
(i) 
If the combined water storage of Lakes Buchanan and Travis are less than 1,100,000 acre-feet but greater than 900,000 acre-feet;
(ii) 
Weather conditions are to be considered in drought classification determination. Predicted long, cold, or dry periods are to be considered in impact analysis; or
(iii) 
City Manager discretion.
(B) 
Target reduction goal.
During this stage, the target reduction goal is 10%.
(C) 
Requirements for termination.
Stage 2 of the plan may be rescinded by the City Manager when all of the conditions listed as triggering events have ceased to exist for at least a period of three consecutive days, and when the combined storage level in Lakes Buchanan and Travis is 1,200,000 acre-feet, or at the City Manager's discretion.
(D) 
Water use restrictions.
Under threat of penalty for violation, the following water use restrictions shall apply to all persons:
(i) 
Water customers shall limit outdoor water use by adhering to the no more than two-day per week watering schedule for outdoor water use. Outdoor water use shall only occur on a designated outdoor watering day, which shall be no more than two days per week.
(ii) 
Residential customer watering days:
a. 
Last digit of their street address ending in a 0, 2, 4, 6, or 8: Thursday and Sunday.
b. 
Last digit of their street address ending in a 1, 3, 5, 7 or 9: Wednesday and Saturday.
(iii) 
Commercial customer watering days: Tuesday and Friday.
(iv) 
Use of water for the irrigation of golf course greens, tees, and fairways is prohibited except on designated watering days. Such irrigation may not take place between the hours of 10:00 a.m. and 7:00 p.m.
(v) 
Outdoor water use is prohibited between the hours of 10:00 a.m. and 7:00 p.m. except with handheld hoses equipped with a positive pistol grip nozzle or other device that automatically shuts off water flow when the hose is not being used, or handheld buckets. The following outdoor water uses are exempt from the weekly watering schedule and can be done at any time of day:
a. 
The irrigation of commercial plant nurseries and residential food-supplying vegetable gardens.
b. 
Irrigation using an auxiliary source.
c. 
Irrigation using a soaker hose or drip irrigation.
d. 
New landscape installation during installation and the first 21 consecutive days upon a variance approval by the City.
e. 
The testing of new irrigation systems or existing irrigation systems being tested or under repair.
(vi) 
Charity carwashes are allowed on any day at any time with a handheld hose equipped with a pistol grip nozzle or other device that automatically shuts off water flow when the hose is not being used.
(vii) 
The washing of automobiles, trucks, motorbikes, boats, trailers, airplanes and other vehicles is allowed on any day and can be done at any time of day. The washing shall be done with a handheld bucket or handheld hose equipped with a pistol grip nozzle or other device that automatically shuts off water flow when the hose is not being used. Commercial carwashes may operate in stage 2.
(viii) 
Splash pads and other commercial recreational water devices are allowed to operate during this stage.
(ix) 
Events involving the use of water such as: festivals, parties, water slides, and other activities involving the use of water are permitted if the water being used drains to a recirculating device, or onto a pervious surface to prevent water waste.
(x) 
Filling of all new and existing swimming pools, hot tubs, wading pools, is permitted. Replenishing to maintenance level is permitted. Pools shall not be drained into the City's sanitary sewer system.
(xi) 
A person may not use commercially operated cosmetic power/pressure washing equipment unless it is fitted with a spray nozzle using no more than 3.5 gallons of water per minute and employing a working trigger shutoff with a protective weep mechanism. Equipment fitted with this technology is exempt from the watering schedule and is permitted for use at any time of day.
(xii) 
Controllable leak(s) shall be repaired within 10 business days after having been given notice directing the repair of such leak(s).
(xiii) 
Use of water from fire hydrants shall be limited to firefighting and activities necessary to maintain public health, safety, and welfare. Use of water from designated fire hydrants for construction purposes may be allowed under special conditions and requires a meter; a variance application must be submitted with an explanation of the special conditions. Water from fire hydrants shall not be used for any reason outside of the City's service area.
(xiv) 
Demand management measures.
The City will contact wholesale water customers to discuss water supply and/or production conditions and will require that wholesale water customers initiate measures to reduce water use.
(3) 
Stage 3 - moderate: one-day outdoor watering.
(A) 
Requirements for initiation.
Customers shall be required to comply with the requirements and restrictions for stage 3 of this plan when one or a combination of such triggering criteria occurs:
(i) 
Total daily water demand equals or exceeds 90% of the total operating system treatment capacity for three consecutive days;
(ii) 
The combined storage of lakes Buchanan and Travis are less than 900,000 acre-feet but greater than 750,000 acre-feet;
(iii) 
On March 1 or July 1, the combined storage in Lakes Buchanan and Travis is below 1,100,000 acre-feet and the cumulative prior three months of inflows total to those lakes is less than the 25th percentile of historic inflows for the three-month periods; or
(iv) 
City Manager discretion.
(B) 
Target reduction goal.
During this stage, the target reduction goal is 20%.
(C) 
Requirements for termination.
Stage 3 of the plan may be rescinded by the City Manager when all of the conditions listed as triggering events have ceased to exist for a period of three consecutive days and when combined the combined storage level of Lakes Buchanan and Travis reach 1,100,000 acre-feet, or at the City Manager's discretion.
(D) 
Water use restrictions.
Under threat of penalty for violation, the following water use restrictions shall apply to all persons:
(i) 
Water customers shall adhere to the no more than one-day per week watering schedule for outdoor water use within the designated times. Outdoor water use shall only occur on the customer's designated outdoor watering day, which shall be no more than one day every seven days as determined by the City.
(ii) 
Use of water for the irrigation of golf course greens, tees, and fairways is prohibited except on the designated watering day. Such irrigation may not take place between the hours of 10:00 a.m. and 7:00 p.m.
(iii) 
Outdoor water use is prohibited between the hours of 10:00 a.m. and 7:00 p.m. except with handheld hoses equipped with a positive pistol grip nozzle or other device that automatically shuts off water flow when the hose is not being used, or handheld buckets. Handheld watering can be done on any day without time restrictions. The time restrictions do not apply to:
a. 
The irrigation of commercial plant nurseries and residential food-supplying vegetable gardens.
b. 
Irrigation using an auxiliary source.
c. 
Irrigation using a soaker hose or drip irrigation.
d. 
New landscape installation during installation and the first 21 consecutive days upon a variance approval by the City. Extended variances beyond 21 days will not be granted for newly installed landscape plant material.
e. 
The testing of new irrigation systems or existing irrigation systems being tested or under repair.
(iv) 
Events involving the use of water such as: festivals, parties, water slides, and other activities involving the use of water are permitted if the water being used drains to a recirculating device, or onto a pervious surface to prevent water waste.
(v) 
Charity carwashes are allowed on any day at any time with a handheld hose equipped with a pistol grip nozzle or other device that automatically shuts off water flow when the hose is not being used.
(vi) 
The washing of automobiles, trucks, motorbikes, boats, trailers, airplanes and other vehicles is allowed on any day and can be done at any time of day. The washing shall be done with a handheld bucket or handheld hose equipped with a pistol grip nozzle or other device that automatically shuts off water flow when the hose is not being used. Commercial carwashes may operate in stage 3.
(vii) 
Washing of sidewalks, walkways, driveways, parking lots, tennis courts, patios or other hard-surfaced areas may only occur with the use of a handheld hose equipped with a pistol grip nozzle or other device that automatically shuts off water flow when the hose is not being used.
(viii) 
Splash pads and other commercial recreational water devices are allowed to operate during this stage.
(ix) 
Filling of all new and existing swimming pools, hot tubs, wading pools, is permitted. Pools shall not be drained into the City's sanitary sewer system.
(x) 
A person may not use commercially operated cosmetic power/pressure washing equipment unless it is fitted with a spray nozzle using no more than 3.5 gallons of water per minute and employing a working trigger shutoff with a protective weep mechanism. Equipment fitted with this technology is exempt from the watering schedule and is permitted for use at any time of day.
(xi) 
Controllable leak(s) shall be repaired within 10 business days after having been given notice directing the repair of such leak(s).
(xii) 
Use of water from fire hydrants shall be limited to firefighting and activities necessary to maintain public health, safety, and welfare. Use of water from designated fire hydrants for construction purposes may be allowed under special conditions and requires a meter; a variance application must be submitted with an explanation of the special conditions. Water from fire hydrants shall not be used for any reasons outside of the City's service area.
(E) 
Demand management measures.
(i) 
The City will contact wholesale water customers to discuss water supply and/or production conditions and will require that wholesale water customers initiate measures to reduce water use.
(ii) 
The City will notify end users of the mandatory reduction goal and increase drought and water conservation messaging.
(iii) 
The City will initiate preparations for the implementation of pro rata water curtailment of water diversions and/or deliveries by preparing a monthly water usage allocation baseline for the wholesale customer according to the procedures specified in section 18.08.010 of the plan.
(iv) 
The City will provide a report to news media with information regarding current water supply and/or production conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measure and practices as needed.
(4) 
Stage 4 - severe: one-day outdoor watering with restricted hours.
(A) 
Requirements for initiation.
Customers shall be required to comply with the requirements and restrictions for stage 4 of this plan when:
(i) 
The combined storage of Lakes Buchanan and Travis is less than 750,000 acre-feet, but greater than 600,000 acre-feet;
(ii) 
Total daily water demand equals or exceeds 95% of the total operating system treatment capacity for three consecutive days; or
(iii) 
City Manager discretion.
(B) 
Target reduction goal.
During this stage, the target reduction goal is a minimum of 25%.
(C) 
Requirements for termination.
Stage 4 of the plan may be rescinded by the City Manager when all of the conditions listed as triggering events have ceased to exist for a period of three consecutive days and when the combined storage levels of Lakes Buchanan and Travis reach 825,000 acre-feet, or at the City Manager's discretion.
(D) 
Water use restrictions.
Under threat of penalty for violation, the following water use restrictions shall apply to all persons:
(i) 
Water customers shall adhere to the no more than one-day per week watering schedule for outdoor water use within the designated times. Outdoor water use shall only occur on the customer's designated outdoor watering day, which shall be no more than one day every seven days as determined by the City.
(ii) 
Irrigation of lawns and landscaping by automatic irrigation system, by hose-end sprinkler, by soaker hoses, by drip irrigation, or by hand watering, shall only occur between the hours of 5:00 a.m. and 8:00 a.m., and between the hours of 8:00 pm. to 11:00 p.m. on the water customer's designated watering day.
(iii) 
Use of water for the irrigation of golf course greens, tees, and fairways is prohibited except on designated watering days. Such irrigation shall only occur between the hours of 5:00 a.m. and 8:00 a.m. and between the hours of 8:00 p.m. and 11:00 p.m.
(iv) 
The time restrictions do not apply to:
a. 
The irrigation of commercial plant nurseries and residential food-supplying vegetable gardens.
b. 
Irrigation using an auxiliary source.
c. 
The testing of new irrigation systems or existing irrigation systems being tested or under repair.
(v) 
Events involving the use of water such as: festivals, parties, water slides, and other activities involving the use of water are permitted if the water being used drains to a recirculating device, or onto a pervious surface to prevent water waste.
(vi) 
Charity carwashes are allowed on any day at any time with a handheld hose equipped with a pistol grip nozzle or other device that automatically shuts off water flow when the hose is not being used.
(vii) 
The washing of automobiles, trucks, motorbikes, boats, trailers, airplanes and other vehicles is allowed on any day and can be done at any time of day. The washing shall be done with a handheld bucket or handheld hose equipped with a pistol grip nozzle or other device that automatically shuts off water flow when the hose is not being used. Commercial carwashes may operate in stage 4.
(viii) 
Washing of sidewalks, walkways, driveways, parking lots, tennis courts, patios or other hard-surfaced areas may only occur with the use of a handheld hose equipped with a pistol grip nozzle or other device that automatically shuts off water flow when the hose is not being used.
(ix) 
Splash pads and other commercial recreational water devices are allowed to operate during this stage.
(x) 
Filling or replenishing to maintenance level of all new and existing swimming pools, hot tubs, wading pools, is permitted on the designated watering day and only between the hours of 5:00 a.m. and 8:00 a.m. and between the hours of 8:00 p.m. and 11:00 p.m. Pools shall not be drained into the City's sanitary sewer system.
(xi) 
A person may not use commercially operated cosmetic power/pressure washing equipment unless it is fitted with a spray nozzle using no more than 3.5 gallons of water per minute and employing a working trigger shutoff with a protective weep mechanism. Equipment fitted with this technology is exempt from the watering schedule and is permitted for use at any time of day.
(xii) 
Controllable leak(s) shall be repaired within 10 business days after having been given notice directing the repair of such leak(s).
(xiii) 
Use of water from fire hydrants shall be limited to firefighting and activities necessary to maintain public health, safety, and welfare. Use of water from designated fire hydrants for construction purposes may be allowed under special conditions and requires a meter; a variance application must be submitted with an explanation of the special conditions. Water from fire hydrants shall not be used for any reasons outside of the City's service area.
(E) 
Demand management measures.
(i) 
The City will initiate contact with wholesale water customers to discuss water supply and/or production conditions and the possibility of pro rata curtailment of water diversions and/or deliveries.
(ii) 
The City will notify end users of the mandatory reduction goal and increase drought and water conservation messaging.
(iii) 
The City will require wholesale water customers to initiate mandatory measures to reduce nonessential water use.
(iv) 
The City will initiate preparations for the implementation of pro rata water curtailment of water diversions and/or deliveries by preparing a monthly water usage allocation baseline for the wholesale customer according to the procedures specified in section 18.08.010 of the plan.
(v) 
The City will provide a report to news media with information regarding current water supply and/or production conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measure and practices as needed.
(5) 
Stage 5 - extreme: no outdoor watering.
(A) 
Requirements for initiation.
Customers shall be required to comply with the requirements and restrictions for stage 5 of this plan when:
(i) 
Total daily water demand equals or exceeds 95% of the total operating system treatment capacity for three consecutive days;
(ii) 
The combined storage of Lakes Buchanan and Travis is less than 600,000 acre-feet;
(iii) 
LCRA requires pro rata curtailment; or
(iv) 
City Manager discretion.
(B) 
Target reduction goal.
During this stage, the target reduction goal is a minimum of 30%.
(C) 
Requirements for termination.
Stage 5 of the plan may be rescinded by the City Manager when all the conditions listed as triggering events have ceased to exist and the LCRA board has given approval to exit this stage.
(D) 
Water use restrictions.
Under threat of penalty for violation, the following water use restrictions shall apply to all persons:
(i) 
The City will cease the flushing of water mains except when necessary for reasons of health or safety. All City departments will discontinue irrigating public landscaped areas except when such areas are irrigated with auxiliary water.
(ii) 
All irrigation of turf and landscaped areas using automatic irrigation systems, hose-end sprinklers, handheld hose, drip irrigation systems, and soaker hoses is prohibited. Watering with a hand-held hose, soaker hose or drip irrigation can only be utilized for trees, foundations, or vegetable gardens.
(iii) 
Commercial plant nurseries shall use only handheld hoses equipped with a positive pistol grip nozzle or other device that automatically shuts off water flow when the hose is not being used or handheld buckets.
(iv) 
The use of water for the irrigation of golf course greens, tees, and fairways is prohibited.
(v) 
New landscape variances will not be granted by the City.
(vi) 
Controllable leak(s) shall be repaired within 10 business days after having been given notice directing the repair of such leak(s).
(vii) 
Water may only be served at restaurants upon request.
(viii) 
Events involving the use of water such as: festivals, parties, water slides, and other activities involving the use of water are prohibited.
(ix) 
Use of water from fire hydrants shall be limited to firefighting and activities necessary to maintain public health, safety, and welfare only.
(x) 
All cosmetic power/pressure washing is prohibited.
(xi) 
Washing sidewalks, walkways, driveways, parking lots, tennis courts, patios or other hard-surfaced areas is prohibited.
(xii) 
A person may not operate a splash pad or other similar aesthetic or recreational use of water.
(xiii) 
A person may not use or allow the use of water to test or repair a permanently installed irrigation system or drip irrigation system.
(xiv) 
The use of ornamental fountains is prohibited unless the water is necessary to support aquatic life.
(xv) 
Existing irrigation meters may be disconnected from service without additional notice to meet curtailment goals.
(xvi) 
New potable water irrigation meters shall not be set or activated.
(xvii) 
Filling of all new and existing swimming pools, hot tubs, wading pools is prohibited, unless necessary to maintain the water purification system in service or to maintain structural integrity of the pool. Draining into the City's sanitary sewer system is prohibited. Draining is permitted only onto pervious surfaces or onto a surface where water will be transmitted directly to a pervious surface, and only if:
a. 
Draining excess water from pool due to rain in order to lower water to maintenance level;
b. 
Repairing, maintaining or replacing pool components that have become hazardous; or
c. 
Repair of a pool leak:
1. 
Single-family and commercial pools.
The automatic filling, refilling, or adding of potable water to single-family and commercial residential swimming or wading pools and hot tubs due to a leak is prohibited. Single-family residential swimming or wading pools and hot tubs may be refilled manually between the hours of 5:00 a.m. and 8:00 a.m. or between the hours of 8:00 p.m. and 11:00 p.m., and only when necessary to maintain the water purification system in service or to maintain structural integrity of the pool. A pool may be refilled using an auxiliary source with no restriction.
2. 
Public pools.
Refilling of public swimming pools as needed due to a leak is permitted before 8:00 a.m. and after 8:00 p.m., or may be refilled using an auxiliary source with no restriction.
(E) 
Demand management measures.
The demand management measures for stage 5 will apply.
(i) 
The City will contact wholesale water customers to discuss water supply and/or demand conditions and will require that wholesale water customers initiate additional mandatory measures to reduce nonessential water use.
(ii) 
The City Manager will initiate pro rata water curtailment of water diversions and/or deliveries for each wholesale customer according to the procedures specified in section 18.08.010 of the plan.
(iii) 
The City Manager will provide a report to news media with information regarding current water supply and/or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices.
(F) 
In the event that severe water shortage conditions persist (stage 5) for an extended period of time, the City Manager may order water rationing and/or terminate service to selected users of the system in accordance with the following sequence:
(i) 
Commercial irrigation meters.
(ii) 
Commercial users.
(iii) 
Residential users.
(iv) 
Hospitals, public health and safety facilities.
(v) 
Additional measures. Through a contractual agreement with the Lower Colorado River Authority (LCRA), the LCRA may interrupt or curtail the water supplied to the City in accordance with the LCRA's drought management plan.
(6) 
Emergency conservation stage.
(A) 
Requirements for initiation.
Customers shall be required to comply with the requirements and restrictions for the emergency conservation stage of this plan when the City Manager deems necessary when a condition exists that may threaten health or public safety.
(B) 
Target reduction goal.
During this stage, the target reduction goal is a minimum of 30%.
(C) 
Requirements for termination.
The emergency conservation stage of the plan may be rescinded by the City Manager when all the triggering emergency conditions cease to exist for a period of three consecutive days.
(D) 
Water use restrictions.
Under threat of penalty for violation, the following water use restrictions shall apply to all persons:
(i) 
The City will cease the flushing of water mains except when necessary for reasons of health or safety. All City departments will discontinue irrigating public landscaped areas except when such areas are irrigated with auxiliary water.
(ii) 
All irrigation of turf and landscaped areas using automatic irrigation systems, hose-end sprinklers, handheld hose, drip irrigation systems, and soaker hoses is prohibited. Watering with a hand-held hose, soaker hose or drip irrigation can only be utilized for trees, foundations, or vegetable gardens.
(iii) 
Commercial plant nurseries shall use only handheld hoses equipped with a positive pistol grip nozzle or other device that automatically shuts off water flow when the hose is not being used or handheld buckets.
(iv) 
Use of water for the irrigation of golf course greens, tees, and fairways is prohibited.
(v) 
New landscape variances will not be granted by the City.
(vi) 
Controllable leak(s) shall be repaired within 10 business days after having been given notice directing the repair of such leak(s).
(vii) 
Water may only be served at restaurants upon request.
(viii) 
Events involving the use of water such as: festivals, parties, water slides, and other activities involving the use of water are prohibited.
(ix) 
Use of water from fire hydrants shall be limited to firefighting and activities necessary to maintain public health, safety, and welfare only.
(x) 
All cosmetic power/pressure washing is prohibited.
(xi) 
Washing sidewalks, walkways, driveways, parking lots, tennis courts, patios or other hard-surfaced areas is prohibited except to alleviate immediate health or safety concerns.
(xii) 
Commercial carwashing facilities may operate.
(xiii) 
The washing of automobiles, trucks, trailers, boats, airplanes, and other types of mobile equipment is prohibited, unless the washing occurs at a commercial carwash.
(xiv) 
A person may not operate a splash pad or other similar aesthetic or recreational use of water.
(xv) 
A person may not use or allow the use of water to test or repair a permanently installed irrigation system or drip irrigation system.
(xvi) 
The use of ornamental fountains is prohibited unless the water is necessary to support aquatic life.
(xvii) 
Potable water irrigation meters may be disconnected without additional notice. New irrigation meters shall not be installed.
(xviii) 
Filling of all new and existing swimming pools, hot tubs, wading pools, is prohibited, unless necessary to maintain the water purification system in service or to maintain structural integrity of the pool. Draining into the City's sanitary sewer system is prohibited. Draining is permitted only onto pervious surfaces or onto a surface where water will be transmitted directly to a pervious surface, and only if:
a. 
Draining excess water from pool due to rain in order to lower water to maintenance level;
b. 
Repairing, maintaining or replacing pool components that have become hazardous; or
c. 
Repair of a pool leak:
1. 
Single-family and commercial pools.
The automatic filling, refilling, or adding of potable water to single-family and commercial residential swimming or wading pools and hot tubs due to a leak is prohibited. Single-family residential swimming or wading pools and hot tubs may be refilled manually between the hours of 5:00 a.m. and 8:00 a.m. or between the hours of 8:00 p.m. and 11:00 p.m., and only when necessary to maintain structural integrity of the pool. A pool may be refilled using an auxiliary source with no restriction.
2. 
Public pools.
Refilling of public swimming pools as needed due to a leak is permitted before 8:00 a.m. and after 8:00 p.m., or may be refilled using an auxiliary source with no restriction.
(E) 
Demand management measures.
The demand management measures for the emergency conservation stage will apply.
(i) 
The City will contact wholesale water customers to discuss water supply and/or demand conditions and will require that wholesale water customers initiate additional mandatory measures to reduce nonessential water use.
(ii) 
The City Manager will initiate pro rata water curtailment of water diversions and/or deliveries for each wholesale customer according to the procedures specified in section 18.08.010 of the plan.
(iii) 
The City Manager will provide a report to news media with information regarding current water supply and/or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices.
(F) 
In the event that severe water shortage conditions persist (stage 5) for an extended period of time, the City Manager may order water rationing and/or terminate service to selected users of the system in accordance with the following sequence:
(i) 
Commercial irrigation meters.
(ii) 
Commercial users.
(iii) 
Residential users.
(iv) 
Hospitals, public health and safety facilities.
(v) 
Additional measures. Through a contractual agreement with the Lower Colorado River Authority (LCRA), the LCRA may interrupt or curtail the water supplied to the City in accordance with the LCRA's drought management plan.
(G) 
Requirements for termination.
The emergency conservation stage may be rescinded by the City Manager.
(Ordinance CO24.06.27.E2 adopted 6/27/2024)
Every wholesale water contract entered into or renewed by the City after the effective date of this plan, including contract extensions, shall provide 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 and the provisions of this plan.
(Ordinance CO24.06.27.E2 adopted 6/27/2024)
(a) 
The City Manager 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, primary business, 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 article shall file a petition for variance with the City Manager after the plan or a particular drought response stage has been invoked. All petitions for variances shall be reviewed by the City Manager 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 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; and
(8) 
Other pertinent information.
(c) 
Variances granted by the City Manager shall be subject to the following conditions, unless waived or modified by the City Manager:
(1) 
Variances granted shall include a start and end date for compliance;
(2) 
Variance requests must be submitted no more than two months prior to the requested start date, and no less than 48 hours prior to the requested start date; and
(3) 
Variances granted shall expire on the date set at the time when the application was granted.
(d) 
No variance shall be retroactive or otherwise justify any violation of this plan occurring prior to the issuance of the variance.
(e) 
No variances shall be granted during stage 4, stage 5, or the emergency conservation stage.
(Ordinance CO24.06.27.E2 adopted 6/27/2024)
(a) 
No person or entity shall use or benefit from the use of water from the City for any 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, in accordance with provisions of this plan.
(b) 
Any person or entity 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 or entity's property shall constitute a rebuttable presumption that the person or entity in apparent control of the property committed the violation. Any such person or entity may, by a preponderance of the evidence, prove as an affirmative defense that he/she/it 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. Any such parent may, by a preponderance of the evidence, prove as an affirmative defense 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. Each day that one or more of the provisions in this plan is violated shall constitute a separate violation/offense.
(c) 
Administrative and civil violations. The provisions of this subsection are adopted in accordance, and are intended to comply in all respects, with Texas Local Government Code, chapter 54, subchapter C. Except as otherwise stated herein, each violation of this plan may be enforced as an administrative or civil violation, pursuant to the following:
Residential Customer
1st Violation
2nd Violation
3rd Violation
4th and Subsequent Violation(s)
Warning letter
$50.00 fee
$100.00 fee
$200.00 civil fine
Commercial Customer
1st Violation
2nd Violation
3rd Violation
4th and Subsequent Violation(s)
Warning letter
$200.00 fee
$400.00 civil fine
$1,000.00 civil fine
(1) 
First violation.
If the City Manager or their designee reasonably believes that a person or entity has violated this plan, he/she may forward to the person or entity alleged to be in violation of this plan a notice of first violation. The notice of first violation shall be in writing, contain the name and address of the alleged violator (if known), provide a location and brief description of the alleged violation, provide a warning for this first violation and inform him/her of the administrative fees or civil penalties and consequences for subsequent violations, and be forwarded to the alleged violator's utility billing address via first class mail.
(2) 
Second violation.
If the City Manager or their designee reasonably believes that a person or single-family residential entity has violated this plan a second time within the 12-month calendar year immediately following the date of a first violation, he/she shall forward to the person or entity alleged to be in violation of this plan a notice of second (or subsequent) violation. If the City Manager or their designee reasonably believes that a nonsingle-family residential entity has violated this plan a second time within the 24-month period immediately following the date of a first violation, he/she shall forward to the person or entity alleged to be in violation of this plan a notice of second violation. The notice of second violation shall be in writing, contain the name and address of the alleged violator (if known), provide a location and brief description of the alleged violation, inform him/her of the administrative fee that will be added to the alleged violator's next monthly utility bill and the administrative fees or civil penalties and consequences for subsequent violations, and be forwarded to the alleged violator's utility billing address via first class mail.
(3) 
Third violation.
If the City Manager or their designee reasonably believes that a person or single-family residential entity has violated this plan a third time within the 12-month calendar year immediately following the date of a first violation, he/she shall forward to the person or entity alleged to be in violation of this plan a notice of third violation. The notice of third violation for a single-family residential entity shall be in writing, contain the name and address of the alleged violator (if known), provide a location and brief description of the alleged violation, inform him/her of the administrative fee that will be added to the alleged violator's next monthly utility bill and the administrative fees or civil penalties and consequences for subsequent violations, and be forwarded to the alleged violator's utility billing address via first class mail. If the City Manager or their designee reasonably believes that a nonsingle-family residential entity has violated this plan a third time within the 24-month period immediately following the date of a first violation, he/she shall forward to the person or entity alleged to be in violation of this plan a notice of third violation. The notice of third violation shall be in writing, contain the name and address of the alleged violator (if known), provide a location and brief description of the alleged violation, inform him/her of the civil penalties that will be assessed to the alleged violator and the administrative fees and consequences for subsequent violations, and be forwarded to the alleged violator's utility billing address via personal delivery, certified mail with return receipt requested, or by delivery by the United States Postal Service using signature confirmation service.
(4) 
Fourth (and subsequent) violation(s).
If the City Manager or their designee reasonably believes that a person or single-family residential entity has violated this plan a fourth (or subsequent) time within the 12-month calendar year immediately following the date of a first violation, he/she shall forward to the person or entity alleged to be in violation of this plan a notice of fourth (or subsequent) violation. If the City Manager or their designee reasonably believes that a nonsingle-family residential entity has violated this plan a fourth (or subsequent) time within the 24-month period immediately following the date of a first violation, he/she shall forward to the person or entity alleged to be in violation of this plan a notice of fourth (or subsequent) violation. The notice of fourth (or subsequent) violation shall be in writing, contain the name and address of the alleged violator (if known), provide a location and brief description of the alleged violation, inform him/her of the civil penalties that will be assessed to the alleged violator and the administrative fees and consequences for subsequent violations, and be forwarded to the alleged violator's utility billing address via personal delivery, certified mail with return receipt requested, or by delivery by the United States Postal Service using signature confirmation service.
(5) 
Each day that one or more of the provisions in this plan is violated shall constitute a separate violation. Any person, including one 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. Any such person, however, shall have the right to show that he/she did not commit the violation.
(d) 
Appeal of administrative violation; effect on payment, hearing procedure.
(1) 
Any alleged violator shall be entitled to appeal an administrative violation under this article as set forth in this subsection. The request or pendency of an appeal under this subsection shall not suspend or delay an alleged violator's obligation to pay current outstanding utility fees and/or administrative fines assessed under this article. Upon successful appeal of an alleged administrative violation, the City shall refund all administrative fines paid by or on behalf of an alleged violator pursuant to this article.
(2) 
At the alleged violator's discretion, any appeal or final review hearing hereunder this subsection may be conducted via scheduled telephone conference involving the alleged offender, hearing officer(s), City Manager or their designee, and any testifying witnesses. Prior to the commencement of any telephone conference under this subsection, each testifying witness' name, address, telephone number, and relationship to the alleged violator shall be submitted to the City Manager or their designee prior to commencement of such telephone conference, along with any documentary or physical evidence to be presented in such telephone conference. No unidentified witness or unsubmitted evidence shall be considered at the hearing.
(3) 
If the alleged violator shall fail to attend a scheduled appeal or final review hearing for any reason, it shall be the alleged violator's responsibility to contact the City Manager or their designee to reschedule within three working days of the unattended hearing; failure to do so, or failure to attend the rescheduled hearing for any reason shall constitute a default, render final the pending administrative violation and any assessed administrative fines, and waive the alleged violator's right to appeal.
(4) 
Within 15 business days of the date of a notice of violation, an alleged violator may appeal the administrative violation and fee by submitting a written request to the City Manager or their designee. Within 10 business days of the City Manager's receipt of such request, the City Manager or their designee shall appoint one or more hearing officers and an appeal hearing ("appeal hearing") shall be held. At the appeal hearing, the alleged violator shall present relevant evidence and bear the burden of proof to show by the majority of the evidence why he/she should not be held in violation of the plan or the administrative fee should not be assessed. The hearing officer(s) shall consider all relevant evidence presented and render a decision in writing within five business days of the conclusion of the appeal hearing ("appeal hearing decision"). A copy of the appeal hearing decision shall be forwarded to the alleged violator's utility billing address via first class mail and e-mail.
(5) 
The alleged violator may appeal the appeal hearing decision by submitting a written request to the City Manager or their designee within five business days of forwarding the appeal hearing decision. Within five business days of receipt of the alleged violator's timely appeal of the appeal hearing decision, the City Manager or their designee shall conduct a final review hearing ("final review hearing"). At the final review hearing, the alleged violator shall present relevant evidence and bear the burden of proof to show by the majority of the evidence why he/she should not be held in violation of the plan or the administrative fee should not be assessed. The City Manager or their designee shall consider all relevant evidence presented and render a decision in writing within five business days of the conclusion of the final review hearing ("final review hearing decision"). A copy of the final review hearing decision shall be forwarded to the alleged violator's utility billing address via first class mail and e-mail. The final review hearing decision by the City Manager or their designee is final and binding.
(e) 
Notices.
All notices regarding alleged administrative violations resulting in civil penalties under this article, including without limitation notices of violation, appeal hearing decisions, and final review hearing decisions, shall be in writing and forwarded to the alleged violator via personal delivery, certified mail with return receipt requested, or by delivery by the United States Postal Service using signature confirmation service, to the alleged violator's current billing address. The City shall provide not less than 10 days' written notice of the date, time, and place of any hearing required or provided under this article. All notices forwarded in such manner shall be deemed received by the alleged violator within three days of the mailing's postmark. Any notice mailed in accordance with this section returned as "refused" or "unclaimed" shall be deemed delivered. At an appeal hearing and/or final review hearing under this article, an alleged violator may present evidence that a required notice was not received.
(f) 
Class C misdemeanor.
Alternatively, and at the discretion of the City Manager or their designee, third and subsequent violations of single-family residential properties within the 12-month period from the date of the alleged violator's immediately preceding violation may be treated as class C misdemeanor offenses. Third and subsequent violations of nonsingle-family residential properties within the 24-month period from the date of the alleged violator's immediately preceding violation may be treated as class C misdemeanor offenses. Any person or entity alleged to have violated this plan may be cited to appear in municipal court for such offense, and, upon conviction, shall be punished by a fine in accordance with the general penalty provision found in section 1.01.009 of this code.
(g) 
Termination or restriction of service.
Upon a single-family residential fourth or subsequent violation within the 12-month period immediately following the date of the preceding violation and upon due notice to the person or entity as set forth herein, the city shall be authorized to install a flow-restricting device or to discontinue water service to the premises where such violations occur. Upon a nonsingle-family residential fourth or subsequent violation within the 24-month period immediately following the date of the preceding violation and upon due notice to the person or entity as set forth herein, the city shall be authorized to install a flow-restricting device or to discontinue water service to the premises where such violations occur. The city shall be so authorized regardless of whether such violation is being simultaneously enforced administratively, under subsection (c), or criminally, under subsection (f). Services discontinued under such circumstances shall be restored only upon payment of a reconnection charge, all fees assessed under this article, and all other costs incurred by the city in discontinuing service. In addition, suitable assurance must be given to the city that the same action shall not be repeated while the plan is in effect. Compliance with this plan may also be sought through injunctive relief in a court of proper jurisdiction. This subsection shall not be construed to reduce, diminish, or in any manner restrict the city's right to terminate utility service for nonpayment of fees and fines.
(Ordinance CO24.06.27.E2 adopted 6/27/2024)