[1]
Editor's note–Former article 13.1000 pertaining to emergency water plan, was repealed by Ordinance 2405-24 adopted 8/20/2024. Prior to the replacement this article derived from the following: 1995 Code of Ordinances, Chapter 11, Article 11.1000, Sections 11.1001–11.1007; Ordinance 1409-01 adopted 4/3/01; Ordinance 1454-01 adopted 12/4/01.
There is hereby adopted the Water Conservation Plan of the City, dated __________, and made a part hereof for all purposes, the same as if fully copied in full herein, including any appendices; a copy of said plan shall be maintained in the offices of the City Secretary and Director of Public Utilities, and shall be posted on the City website.
(Ordinance 2405-24 adopted 8/20/2024)
(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 of DeSoto 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 13.1011 of this article.
(Ordinance 2405-24 adopted 8/20/2024)
Opportunity for the public to provide input into the preparation of the Plan was provided by the City of DeSoto by means of providing copies for public review and allowing comment in advance of adoption by the Council of the City of DeSoto. Written or emailed comments will be allowed in advance of the adoption of the ordinance in multiple public meetings.
(Ordinance 2405-24 adopted 8/20/2024)
The City of DeSoto 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 signage at City of DeSoto Facilities and Marquis, water bill inserts, brochures, web site, and audio/visual presentations from DeSoto's "State of the Art" audio/visual recording studio.
(Ordinance 2405-24 adopted 8/20/2024)
The Director of Public Utilities, or his/her designee is hereby authorized and directed to implement the applicable provisions of this Plan upon determination that such implementation is necessary to protect public health, safety, and welfare. The Director of Public Utilities or his/her designee shall have the authority to initiate or terminate drought or other water supply emergency response measures as described in this Plan.
(Ordinance 2405-24 adopted 8/20/2024)
The provisions of this Plan shall apply to all persons, customers, and property utilizing water provided by the City of DeSoto. The terms "person" and "customer" as used in the Plan include individuals, corporations, partnerships, associations, and all other legal entities.
(Ordinance 2405-24 adopted 8/20/2024)
For purposes of this article, the following definitions shall apply:
Aesthetic Water Use.
Means water use for ornamental or decorative purposes such as fountains, reflecting pools, and water gardens.
Aquatic Life.
Means a vertebrate organism dependent upon an aquatic environment to sustain its life.
Automatic Irrigation System.
Means a site-specific system of delivering water, generally for landscape irrigation, via a system of pipes or other conduits installed below ground that will automatically cycle water using landscape sprinklers according to a preset program, whether on a designated timer or through manual operation.
City Manager.
Means the City Manager for the City of DeSoto.
Commercial and Institutional Water Use.
Means 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.
Commercial Car Wash or Commercial Service Station.
Means a permanently located business that washes vehicles or other mobile equipment with water or water-based products, including but not limited to self-service car washes, full-service car washes, roll-over/in-bay style car washes, and facilities managing vehicle fleets or vehicle inventory.
Conservation.
Means 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.
Contamination.
Means those practices, techniques, and technologies that reduce the consumption of water, reduce the loss or waste of water, improve 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.
Means any person, company, or organization using water supplied by the City of DeSoto.
Delivery Capacity.
Means the maximum amount of water that can be delivered to customers when considering the limitation of the system components such as sources, treatment, storage, transmission, or distribution, individually and in combination with each other when operating at their designed capacity.
Domestic Water Use.
Means water use for personal needs or for household or sanitary purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or institution.
Drip Irrigation.
Means micro irrigation with low volume and low-pressure release of water through point source emitters or pressure compensating in-line drip emitters.
Drought Contingency Plan.
Means 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. This document is the Drought Contingency Plan for the City of DeSoto.
Even Number Address.
Means street addresses, box numbers, or rural postal route numbers ending in 0, 2, 4, 6, or 8 and locations without addresses.
Foundation Watering.
Means the application of water using a hand-held hose, soaker hose or drip irrigation system placed within 24 inches of the foundation, which does not produce a spray above ground or result in water run-off.
Golf Course.
Means a commercial or governmental property made up of greens, tees, fairways and related areas which are irrigated and landscaped for the purposes of playing golf.
Hose-end Sprinkler.
Means a device through which water flows from a hose to a sprinkler to water any lawn or landscape.
Industrial Water Use.
Means the use of water in processes designed to convert materials of lower value into forms having greater usability and value.
Landscape Irrigation Use.
Means 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.
Means 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 article;
(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.
Means street addresses, box numbers, or rural postal route numbers ending in 1, 3, 5, 7, or 9.
Ornamental Fountain.
Means an artificially created structure from which a jet, stream, valves and emission devices or flow of water emanates and is not typically utilized for the preservation of aquatic life.
Reduced Delivery Capacity.
Means the maximum amount of water that can be delivered to customers when considering reductions of delivery capacity based on scheduled shutdowns of infrastructure and/or unforeseen shutdowns of infrastructure, such as line breaks, equipment failure, etc.
Run-off.
Means a stream of water which overflows from a lawn or landscape onto a street, sidewalk, parking lot or other impervious area for a distance of more than 50 feet; or forms a puddle or pond to a depth greater than one-quarter of an inch.
Soaker Hose.
Means a permeable garden-type hose that is laid above ground that provides irrigation at a slow and constant rate.
Swimming Pool.
Means a structure that is used for swimming, bathing, or water play, including all equipment and appurtenant facilities.
Water Supply.
DWU water supply sources (lakes) and all infrastructure related to the delivery of water to customers.
(Ordinance 2405-24 adopted 8/20/2024)
(a) 
The Director of Public Utilities or their designee shall monitor water supply and/or demand conditions on a daily basis and shall determine when conditions warrant initiation or termination of each stage of the Plan, that is, when the specified "triggers" are reached.
(b) 
The triggering criteria described below are based on total system storage capacity falling below the calculated percentage of delivery capacity (total storage capacity, pumping, and supply capacity), preventing recovery of the system to safe or normal operating levels, or when notified by the wholesale supplier of initiation of limitations on supply:
(1) 
Stage 1 Triggers - Mild Water Shortage Conditions (Voluntary Conservation).
(A) 
Requirements for Initiation.
Customers shall be requested to voluntarily conserve water and adhere to the prescribed restrictions on certain water uses, defined in section 13.1008, definitions, when:
(i) 
Daily water demand reaches or exceeds 80% (12.8 MGD) of the production capacity of the system for four (4) consecutive days; or
(ii) 
Water demand approaches a reduced delivery capacity for all or part of the system, as determined by the Director of Public Utilities; or
(iii) 
Emergency contamination conditions merit this trigger as established by the Director of Public Utilities and/or the City of DeSoto.
(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 time such that Stage 1 conditions no longer exist and are unlikely to reoccur once the termination has been initiated.
(2) 
Stage 2 Triggers - Moderate Water Shortage Conditions (Mandatory Conservation).
(A) 
Requirements for Initiation.
Customers shall be required to comply with the requirements and mandatory restrictions on certain non-essential water uses provided in section 13.1010 of this article when:
(i) 
Daily water demand reaches or exceeds 90% (14.4 MGD) of the production capacity of the system for three (3) consecutive days; or
(ii) 
Water demand equals a reduced delivery capacity for all or part of the system, as determined by the Director of Public Utilities; or
(iii) 
Water line breaks or pumping system failures occur which reduce the capacity of the City of DeSoto to provide water; or
(iv) 
Emergency contamination conditions merit this trigger as established by the Director of Public Utilities and/or the City of DeSoto.
(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 time and are unlikely to reoccur.
(3) 
Stage 3 Triggers - Critical or EMERGENCY Water Shortage Conditions (Mandatory Conservation).
(A) 
Requirements for Initiation.
Customers shall be required to comply with the requirements and mandatory restrictions on certain non-essential water uses provided in section 13.1010 of this Plan when:
(i) 
Daily water demand reaches or exceeds 95% (15.2 MGD) of the production capacity of the system for two (2) consecutive days; or
(ii) 
Water demand exceed a reduced delivery capacity for all or part of the system, as determined by the Director of Public Utilities; or
(iii) 
Water line breaks or pumping system failures occur which impact the ability of the City of DeSoto to provide water; or
(iv) 
Emergency contamination of the water supply occurs.
(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 time and are unlikely to reoccur.
(Ordinance 2405-24 adopted 8/20/2024)
The Director of Public Utilities, or their designee, shall monitor water supply and/or demand conditions on a daily basis and, in accordance with the triggering criteria set forth in section 13.1009 of this Plan, shall determine that a mild, moderate, critical, or emergency water shortage condition exists and shall implement the following notification procedures:
(1) 
Notification of the Public.
The Director of Public Utilities or his/her designee shall notify the public by means of:
(A) 
Press release from the City of DeSoto.
(B) 
E-bill addition.
(C) 
Public service announcements.
(D) 
Notices in public parks and other city buildings.
(E) 
Portable signs in key locations around DeSoto (highly irrigated areas, commercial areas where compliance has typically been poor due to lack of awareness of notifications, etc.).
(2) 
Additional Notification.
The Director of Public Utilities or their designee shall notify directly, the following individuals and entities at each drought stage:
(A) 
Stage 1:
(i) 
Mayor and members of the City Council.
(ii) 
City Manager.
(iii) 
Parks Department.
(iv) 
Customers (Major Water Users).
(B) 
Stage 2:
(i) 
Mayor and members of the City Council.
(ii) 
City Manager.
(iii) 
Parks/street superintendents and public facilities managers.
(iv) 
Customers.
(C) 
Stage 3:
(i) 
Mayor and members of the City Council.
(ii) 
City Manager.
(iii) 
City and/or County Emergency Management Coordinator(s).
(iv) 
Fire chief.
(v) 
Parks/street superintendents and public facilities managers.
(vi) 
Critical water users, i.e., hospitals.
(vii) 
Customers.
(3) 
Stage 1 Response - Mild Water Shortage Conditions (Voluntary Conservation).
Target: Achieve a voluntary 15% reduction in total water use.
(A) 
Best Management Practices for Supply Management.
Water use will be limited as follows:
(i) 
Water customers are to limit the irrigation of landscaped areas to Tuesdays and Saturdays for customers with a street address ending in an even number and Mondays and Fridays for water customers with a street address ending in an odd number, and to irrigate landscapes only between the hours of 12:00 AM and 10:00 AM or 8:00 PM to 12:00 AM on designated watering days based on odd or even street number.
(ii) 
All operations of the City of DeSoto shall adhere to water use restrictions prescribed for Stage 1 of the Plan.
(B) 
Voluntary Water Use Restrictions for Reducing Demand.
(i) 
Water customers are requested to practice water conservation and to minimize or discontinue water use for non-essential purposes.
(ii) 
Promoting voluntary watering of landscaping a maximum of 1 day per week rather than 2 days per week.
(iii) 
Discourage water recreational activities such as water slides, playing in sprinklers, etc., that would result in water waste.
(iv) 
Foundation watering is requested to be limited voluntarily to 1 day per week with a hand-held hose, soaker hose, or drip irrigation system.
(v) 
Request residents wash vehicles with shutoff nozzles at their homes (not impactive commercial facilities in Stage 1).
(4) 
Stage 2 Response - Moderate Water Shortage Conditions (Mandatory Conservation).
Target: Achieve a 25% reduction in total water use.
(A) 
Mandatory Water Use Restrictions for Demand Reduction.
Under threat of penalty for violation, the following water use restrictions shall apply to all persons:
(i) 
Irrigation of landscaped areas with hose-end sprinklers or automatic irrigation systems shall be limited to Tuesdays and Saturdays for customers with a street address ending in an even number and Mondays and Fridays for water customers with a street address ending in an odd number, and irrigation of landscaped areas is further limited to the hours of 12:00 AM and 10:00 AM or 8:00 PM and 12:00 AM 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 AM and 10:00 AM and 8:00 PM and 12:00 AM. 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 AM and 10:00 AM and between 8:00 PM and 12:00 AM.
(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 of DeSoto.
(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 AM and 10:00 AM and between 8:00 PM and 12:00 AM. However, if the golf course utilizes a water source other than that provided by the City of DeSoto, the facility shall not be subject to these regulations.
(vii) 
All restaurants are prohibited from serving water to patrons except upon request of the patron.
(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).
(5) 
Stage 3 Response - Critical or Emergency Water Shortage Conditions (Mandatory Conservation).
Target: Achieve a 50% reduction in total water use.
(A) 
Mandatory Water use Restrictions for Demand Reduction.
All requirements of Stage 2 shall remain in effect during Stage 3 except:
(i) 
Irrigation of landscaped areas shall be limited to designated watering days between the hours of 6:00 AM and 10:00 AM or 8:00 PM and 12:00 AM and shall be by means of hand-held hoses, hand-held buckets, or drip irrigation only. The use of hose-end sprinklers or permanently installed automatic sprinkler systems are prohibited at all times.
(ii) 
Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle not occurring on the premises of a commercial car wash and commercial service stations and not in the immediate interest of public health, safety, and welfare is prohibited. Further, such vehicle washing at commercial car washes and commercial service stations shall occur only between the hours of 6:00 AM and 10:00 AM and 6:00 PM and 10:00 PM.
(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 application for new, additional, expanded, or increased-in-size water service connections, meters, service lines, pipeline extensions, mains, or water service facilities of any kind shall be approved, and time limits for approval of such applications are hereby suspended for such time as this drought response stage shall be in effect.
(vi) 
The watering of golf course tees is prohibited unless the golf course utilizes a water source other than that provided by the City of DeSoto.
(vii) 
The use of water for construction purposes from designated fire hydrants under special permit is to be discontinued.
(Ordinance 2405-24 adopted 8/20/2024)
Mandatory water use restrictions are imposed in Stages 2 and 3 of the Plan. These mandatory water use restrictions may be enforced by any combination of warnings, reconnection fees, loss of irrigation privileges, citations and fees as follows and authorized by the Council of the City of DeSoto:
(1) 
On the first violation, customers will be notified by a written warning, sign or door-hanger that they have violated a mandatory water use restriction.
(2) 
On the second violation, the City of DeSoto will assess a fine in accordance with section 1.106 Code of Ordinances.
(3) 
On the third and subsequent violations, the City of DeSoto will discontinue water service and assess reconnection fees, and fines in accordance with section 1.106 Code of Ordinances.
(Ordinance 2405-24 adopted 8/20/2024)
(a) 
The Director of Public Utilities, or their 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 article shall file a petition for variance with the City of DeSoto within 5 days after the Plan or a particular drought response stage has been invoked. All petitions for variances shall be reviewed by the Director of Public Utilities, or their 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.
(Ordinance 2405-24 adopted 8/20/2024)