[1]
Editor’s note–Former article 13.05 pertaining to the drought contingency plan and deriving from Resolution 99013 adopted 12/13/99, was superseded and replaced in its entirety with similar provisions as set out herein by Ordinance 954 adopted 4/22/2024.
(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 Anson 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 § 13.05.012 of this plan.
(Ordinance 954 adopted 4/22/2024)
Opportunity for the public to provide input into the preparation of the plan was provided by the City of Anson by means of scheduling and providing public notice of a public meeting to accept input on the plan from the general public and wholesale customers.
(Ordinance 954 adopted 4/22/2024)
(a) 
The City of Anson will periodically provide the public and its wholesale customers with information about the plan, including information about the conditions under which each stage of the plan is to be initiated or terminated and the drought response measures to be implemented in each stage. This information will be provided by means of public events, press releases or utility bill inserts.
(b) 
The City of Anson, as a wholesale water supplier, shall notify the manager of its wholesale customers within five (5) business days of the implementation of any mandatory provisions of the drought contingency plan.
(Ordinance 954 adopted 4/22/2024)
(a) 
The City Manager, or his/her designee is hereby authorized and directed to implement the applicable provisions of this plan upon determination that such implementation is necessary to protect public health, safety, and welfare. The City Manager or his/her designee shall have the authority to initiate or terminate drought or other water supply emergency response measures as described in this plan.
(b) 
As a wholesale public water supplier, the City of Anson shall review and update, as appropriate, the drought contingency plan, at least every five years, based on new or updated information, such as adoption or revision of the regional water plan.
(Ordinance 954 adopted 4/22/2024)
(a) 
The provisions of this plan shall apply to all persons, customers, and property utilizing water provided by the City of Anson. The terms "person" and "customer" as used in the plan include individuals, corporations, partnerships, associations, and all other legal entities.
(b) 
These water use restrictions do not apply to the use of alternate water sources, including non-potable water and well water. Customers using water from private wells on days other than those designated in this plan, or those watering from private wells during the hours of 10:00 a.m. and 6:00 p.m., must post a sign stating, "WELL WATER." The sign must be properly sized and posted so it is visible from the street. The City of Anson strongly encourages the use of alternative water sources for landscape purposes.
(c) 
The triggering criteria described below are based on the storage capacity of the Hubbard Creek Reservoir.
(Ordinance 954 adopted 4/22/2024)
For the purposes of this plan, the following definitions shall apply:
Aesthetic water use.
Water use 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 City of Anson.
Domestic water use.
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.
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 954 adopted 4/22/2024)
(a) 
The City Manager or his/her designee shall monitor water supply and/or demand conditions on a monthly basis and shall determine when conditions warrant initiation or termination of each stage of the plan, that is, when the specified "triggers" are reached. Customer notification of initiation or termination of drought response stages will be made by mail or telephone. The news media will also be informed.
(b) 
Since the City receives untreated water from the West Central Texas MWD (WCTMWD), the District's triggering criteria will be incorporated into this plan. The District's triggering criteria is based on the storage capacity of the Hubbard Creek Reservoir.
(1) 
Stage 1 Triggers – Mild water shortage conditions (mild alert)
(A) 
Requirements for initiation when using WCTMWD.
The City will recognize a mild water shortage condition when:
(i) 
Water storage in Hubbard Creek Reservoir is equal to or less than 48% of its active water supply capacity; or
(ii) 
When total daily water demand equals or exceeds 75 percent of the safe operating capacity of 2.0 million gallons per day for 10 consecutive days or 85 percent on a single day.
(B) 
Requirements for termination.
Stage 1 of the plan may be rescinded when all the conditions listed as triggering events have ceased to exist for a period of 30 consecutive days. The City will notify its wholesale customers and the media of the termination of Stage 1 in the same manner as the notification of initiation of Stage 1 of the plan.
(2) 
Stage 2 Triggers – Moderate water shortage conditions (moderate alert).
(A) 
Water Requirements for initiation when using WCTMWD.
The City will recognize that a moderate water shortage condition exists when any of the following conditions exist:
(i) 
Water storage in Hubbard Creek Reservoir is equal to or less than 16% of its active water supply capacity; or
(ii) 
When total daily water demand equals or exceeds 80 percent of the safe operating capacity of 2.0 million gallons per day for 10 consecutive days or 90 percent on a single day.
(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 30 consecutive days. Upon termination of Stage 2, Stage 1 becomes operative. The City will notify its wholesale customers and the media of the termination of Stage 2 in the same manner as the notification of initiation of Stage 1 of the plan.
(3) 
Stage 3 Triggers - severe water shortage conditions (severe alert)
(A) 
Requirements for initiation.
The City of Anson will recognize that a severe water shortage condition exists when any of the following conditions exist:
(i) 
Water in storage in Hubbard Creek Reservoir is equal to or less than 13 percent of storage capacity;
(ii) 
When total daily water demand equals or exceeds 85 percent of the safe operating capacity of 2.0 million gallons per day for 10 consecutive days or 95 percent on a single day.
(B) 
Requirements for termination.
Stage 3 of the plan may be rescinded when all the conditions listed as triggering events have ceased to exist for a period of 30 consecutive days. Upon termination of Stage 3, Stage 2 becomes operative. The City of Anson will notify its wholesale customers and the media of the termination of Stage 3 in the same manner as the notification of initiation of Stage 2 of the plan.
(4) 
Stage 4 Triggers – Critical water shortage conditions (water crisis alert).
(A) 
Requirements for initiation.
The City of Anson will recognize that an emergency water shortage condition exists when any of the following conditions exist:
(i) 
Water in storage in Hubbard Creek Reservoir is equal to or less than 10 percent of storage capacity;
(ii) 
When total daily water demand equals or exceeds 95 percent of the safe operating capacity of 2.0 million gallons per day for 10 consecutive days or 100 percent on a single day;
(iii) 
Major water line breaks, or pump or system failures occur, which cause unprecedented loss of capability to provide water service; or
(iv) 
Natural or man-made contamination of the water supply source(s).
(B) 
Requirements for termination.
Stage 4 of the plan may be rescinded when all the conditions listed as triggering events have ceased to exist for a period of 10 consecutive days. The City of Anson will notify its wholesale customers and the media of the termination of Stage 4 in the same manner as the notification of initiation of Stage 3 of the plan.
(Ordinance 954 adopted 4/22/2024)
(a) 
The City Manager, or his/her designee, shall monitor water supply and/or demand conditions on a daily basis and, in accordance with the triggering criteria set forth in § 13.05.008 of this plan, shall determine that a MILD, MODERATE, SEVERE, or CRITICAL condition exists and shall implement the following notification procedures:
(b) 
Notification procedures.
(1) 
Notification of the public.
The City Manager or his/her designee shall notify the public by means of:
(A) 
Publication in a newspaper of general circulation;
(B) 
Public service announcements; and
(C) 
Signs posted in public places.
(2) 
Additional notification.
The City Manager or his/her designee shall notify directly, or cause to be notified directly, the following individuals and entities:
(A) 
Fire Chief(s).
(B) 
City and/or County Emergency Management Coordinator(s).
(C) 
State Disaster District/Department of Public Safety.
(D) 
TCEQ (required when mandatory restrictions are imposed).
(E) 
Major water users.
(Ordinance 954 adopted 4/22/2024)
(a) 
Stage 1 Response – Mild water shortage conditions (mild alert).
(1) 
Goal.
Achieve a voluntary 10% reduction in daily water demand.
(2) 
Best management practices for supply management.
The following measures are to be implemented directly by the City of Anson to manage limited water supplies and/or reduce water demand by:
(A) 
Reducing flushing of water mains.
(B) 
Reducing irrigation of public landscaped areas.
(C) 
Inform all wholesale customers to initiate voluntary water restrictions and invoke Stage 1 of the drought contingency plan.
(3) 
Voluntary water use restrictions.
(A) 
Landscape irrigation.
(i) 
Existing landscaping.
a. 
Irrigation by all commercial, industrial, (including agricultural irrigation), and residential customers utilizing individual sprinklers, or sprinkler systems, of lawns, gardens, landscaped areas, trees, shrubs or other plants is prohibited except on a designated day which shall be once every seven (7) days and then only during the hours of 12:00 midnight to 10:00 a.m. and from 6:00 p.m. until 12:00 midnight. Provided, however, irrigation of gardens, flowerbeds, trees and shrubs is permitted at any time of day if:
1. 
A garden hose is used and is held in the hand during the duration of the irrigation event; or
2. 
A faucet-filled container of five (5) gallons or less is used; or
3. 
A drip irrigation system such as soaker hose, deep root water system, or bubbler is used. For the purpose of this section a drip irrigation system is defined as an irrigation device or system designed to emit water at low volumes and low pressures directly onto soil surface or below soil surface without airborne streams or droplets.
b. 
Irrigation of LAWNS is permitted at any time on any day if:
1. 
A garden hose is used and is held in the hand during the duration of the irrigation event; or
2. 
A faucet-filled container of five (5) gallons or less is used.
c. 
A drip irrigation system SHALL NOT be used to irrigate LAWNS except on designated days and at designated times.
(ii) 
New lawns that have been seeded (not to include re-seeding or over-seeding existing turf), sodded or mulched may be watered daily for eight (8) minutes once during each of the following periods: 11:00 a.m. to 1:00 p.m.; 2:00 p.m. to 4:00 p.m.; 5:00 p.m. to 7:00 p.m.; and at regular intervals between 9:00 p.m. and 10:00 a.m. for a maximum of three (3) weeks. To qualify under this section, new lawns are those installed in conjunction with the construction of a new residence and for a period of six (6) months thereafter. Re-tilling or any replanting or reseeding of existing lawns shall NOT qualify for new lawn status in this section.
(B) 
Vehicle washing.
(i) 
It is permissible to wash automobiles, trucks, trailers, boats, and other types of mobile equipment at any time on the immediate premises of a commercial car wash or commercial service station or at any location including a resident by using a five (5) gallon container and/or a hand held hose equipped with a quick shut-off nozzle for quick rinses.
(ii) 
If the health, safety and welfare of the public depends upon frequent vehicle cleaning, as determined by the City Manager or his/her designee(s), then washing of vehicles such as emergency vehicles, aircraft, garbage trucks, and vehicles used to transport food and perishables will be allowed.
(iii) 
Charity car washes are prohibited.
(C) 
Water may be added to swimming pools to sustain appropriate maintenance levels only on designated irrigation days.
(D) 
Ornamental fountains are allowed if the fountain is equipped with a device for recycling water and water may be added to sustain appropriate maintenance levels only on the customer's regularly designated watering day.
(E) 
Use of water from fire hydrants shall be limited to firefighting activities or other activities necessary to maintain public health, safety and welfare. By written approval from the City Manager businesses may purchase and draw water from fire hydrants for land development and building construction processes.
(F) 
The following uses of water are defined as "waste of water" and are absolutely prohibited:
(i) 
Allowing water to run off a property through the street, gutter, ditch, alley, or drain for more than seventy-five (75) feet from the downgrade of the property line;
(ii) 
Failure to repair a controllable leak; including a broken sprinkler head, a leaking valve, leaking or broken pipes, or a leaking faucet.
(iii) 
Operating a permanently installed irrigation system with:
a. 
A broken sprinkler head;
b. 
A sprinkler head that is spraying over a street or parking lot because it is out of adjustment; or
c. 
A sprinkler head that is misting due to high pressure.
(iv) 
Washing sidewalks, driveways, parking areas, tennis courts, patios or other paved areas, except to alleviate immediate fire, health and safety hazards, or to prepare an area for pavement repair or application.
(G) 
Commercial and industrial users.
(i) 
Commercial and industrial users of water shall, in addition to complying with other applicable articles in this resolution, reduce their monthly consumption of water by a minimum of 15% compared to use during the same month of the previous year.
(ii) 
Individual allotments may be adjusted by the City Manager or his/her designee(s) based on historical water usage conservation practices of customer. The other restrictions of Stage 1 still apply to commercial and industrial users.
(iii) 
Industrial users may, in order to justify water use, present a Conservation Plan for approval by the City Manager.
(b) 
Stage 2 Response - Moderate water shortage conditions (moderate alert).
(1) 
Goal:
Achieve a 20% reduction in daily water demand.
(2) 
Best management practices for supply management:
The following measures are to be implemented directly by the City of Anson to manage limited water supplies and/or reduce water demand by:
(A) 
Reducing or discontinuing flushing of water mains.
(B) 
Discontinuing all outdoor watering of district-owned landscaping and properties with the exception of tree and shrub watering.
(C) 
Informing all wholesale customers to initiate voluntary water restrictions and invoke Stage 2 of the drought contingency plan.
(3) 
Water use restrictions for reducing demand.
Under threat of penalty for violation, the following water use restrictions shall apply to all persons:
(A) 
Landscape irrigation.
(i) 
Existing landscaping.
a. 
Irrigation by all commercial, industrial and residential customers utilizing individual sprinklers, or sprinkler systems, of lawns, gardens, landscaped areas, trees, shrubs or other plants is prohibited except on a designated day which shall be once every two (2) weeks and then only during the hours of 12:00 midnight to 10:00 a.m. and from 6:00 p.m. until 12:00 midnight. Provided, however, irrigation of gardens, flowerbeds, trees and shrubs is permitted at any time of day if:
1. 
A garden hose is used and is held in the hand during the duration of the irrigation event; or
2. 
A faucet-filled container of five (5) gallons or less is used; or
3. 
A drip irrigation system such as soaker hose, deep root water system, or bubbler is used. For the purpose of this section a drip irrigation system is defined as an irrigation device or system designed to emit water at low volumes and low pressures directly onto soil surface or below soil surface without airborne streams or droplets.
b. 
Irrigation of LAWNS is permitted at any time on any day if:
1. 
A garden hose is used and is held in the hand during the duration of the irrigation event; or
2. 
A faucet-filled container of five (5) gallons or less is used.
(ii) 
New lawns may be watered daily for eight (8) minutes once during each of the following periods: 11:00 a.m. to 1:00 p.m.; 2:00 p.m. to 4:00 p.m.; 5:00 p.m. to 7:00 p.m.; and at regular intervals between 9:00 p.m. and 10:00 a.m. for a maximum of three (3) weeks. To qualify under this section, new lawns are those installed in conjunction with the construction of a new residence and for a period of six (6) months thereafter. Re-tilling or any replanting or reseeding of existing lawns shall NOT qualify for new lawn status in this section.
(B) 
Vehicle washing.
(i) 
It is permissible to wash automobiles, trucks, trailers, boats, and other types of mobile equipment at any time on the immediate premises of a commercial car wash or commercial service station or at any location including a resident by using a five (5) gallon container and/or a hand held hose equipped with a quick shut-off nozzle for quick rinses.
(ii) 
If the health, safety and welfare of the public depends upon frequent vehicle cleaning, as determined by the City Manager or his/her designee(s), then washing of vehicles such as emergency vehicles, aircraft, garbage trucks, and vehicles used to transport food and perishables will be allowed.
(iii) 
Charity car washes are prohibited.
(C) 
Water may be added to swimming pools to sustain appropriate maintenance levels weekly, on the customer's regularly designated irrigation days.
(D) 
Ornamental fountains are allowed if the fountain is equipped with a device for recycling water and water may be added to sustain appropriate maintenance levels only on the customer's regularly designated watering day.
(E) 
Use of water from fire hydrants shall be limited to firefighting activities or other activities necessary to maintain public health, safety and welfare. By written approval from the City Manager, businesses may purchase and draw water from fire hydrants for land development and building construction processes.
(F) 
The following uses of water are defined as "waste of water" and are absolutely prohibited:
(i) 
Allowing water to run off a property through the street, gutter, ditch, alley, or drain for more than 75 feet from the downgrade of the property line.
(ii) 
Failure to repair a controllable leak; including a broken sprinkler head, a leaking valve, leaking or broken pipes, or a leaking faucet.
(iii) 
Operating a permanently installed irrigation system with:
a. 
A broken sprinkler head;
b. 
A sprinkler head that is spraying over a street or parking lot because it is out of adjustment; or
c. 
A sprinkler head that is misting due to high pressure.
(iv) 
Washing sidewalks, driveways, parking areas, tennis courts, patios or other paved areas, except to alleviate immediate fire, health and safety hazards, or to prepare an area for pavement repair or application.
(G) 
Commercial and industrial users.
(i) 
Commercial and industrial users of water shall continue to maintain at least a 15% monthly reduction of water use compared to use during the same month of the previous year.
(ii) 
Individual allotments may be adjusted by the City Manager or his/her designee(s) based on historical water usage conservation practices of customer. The other restrictions of Stage 2 still apply to commercial and industrial users.
(H) 
Industrial users may present a Conservation Plan for approval by the City Manager.
(c) 
Stage 3 Responses – Severe water shortage conditions (severe alert).
(1) 
Goal:
Achieve a 40% reduction in daily water demand.
(2) 
Supply management measures:
The following measures are to be implemented directly by the City of Anson to manage limited water supplies and/or reduce water demand by:
(A) 
Continuing all requirements of Stage 2 during Stage 3.
(B) 
Discontinuing all outdoor water of City-owned landscaping and properties including trees and shrubs.
(C) 
Inform all wholesale customers to initiate water restrictions and invoke Stage 3 of their Drought Contingency Plans.
(3) 
Water use restrictions.
Under threat of penalty for violation, the following water use restrictions shall apply to all persons:
(A) 
Landscape irrigation.
(i) 
Irrigation of gardens, flowerbeds, trees and shrubs (not lawns) by all commercial, industrial, and residential customers is permitted at any time on any day only if:
a. 
A garden hose is used and is held in the hand during the duration of the irrigation event; or
b. 
A faucet-filled container of five (5) gallons or less is used; or
c. 
A drip irrigation system such as soaker hose, deep root water system, or bubbler is used. For the purpose of this section a drip irrigation system is defined as an irrigation device or system designed to emit water at low volumes and low pressures directly onto soil surface or below soil surface without airborne streams or droplets.
(ii) 
Watering of lawns is prohibited at any time. No new lawns may be installed.
(B) 
Vehicle washing.
(i) 
It is permissible to wash automobiles, trucks, trailers, boats, and other types of mobile equipment at any time on the immediate premises of a commercial car wash or commercial service station.
(ii) 
If the health, safety and welfare of the public depends upon mandatory vehicle cleaning, as determined by the City Manager or his/her designee(s), then washing of vehicles such as emergency vehicles, aircraft, garbage trucks, and vehicles used to transport food and perishables will be allowed.
(iii) 
Charity car washes are prohibited.
(C) 
Water may be added to swimming pools to sustain appropriate maintenance levels weekly, on the customer's regularly designated irrigation days. New construction of swimming pools is prohibited.
(D) 
Ornamental fountains are allowed if the fountain is equipped with a device for recycling water and water may be added to sustain appropriate maintenance levels only on the customer's regularly designated watering day. New construction of ornamental fountains is prohibited.
(E) 
Use of water from fire hydrants shall be limited to firefighting activities or other activities necessary to maintain public health, safety and welfare. By written approval from the City Manager businesses may purchase and draw water from fire hydrants for land development and building construction processes.
(F) 
The following uses of water are defined as "waste of water" and are absolutely prohibited:
(i) 
Allowing water to run off a property through the street, gutter, ditch, alley, or drain for more than 75 feet from the downgrade of the property line.
(ii) 
Failure to repair a controllable leak; including a broken sprinkler head, a leaking valve, leaking or broken pipes, or a leaking faucet.
(iii) 
Operating a permanently installed irrigation system with:
a. 
A broken sprinkler head;
b. 
A sprinkler head that is spraying over a street or parking lot because it is out of adjustment; or
c. 
A sprinkler head that is misting due to high pressure.
(iv) 
Washing sidewalks, driveways, parking areas, tennis courts, patios or other paved areas, except to alleviate immediate fire, health and safety hazards, or to prepare an area for pavement repair or application.
(G) 
Commercial and industrial users.
(i) 
Commercial and industrial users of water shall continue to maintain at least a 15% monthly reduction of water use compared to use during the same month of the previous year.
a. 
If a customer uses more than the allowed amount more than once at any time during Stage 3, then after each such overuse the customer's water may be turned off and there will be a $250.00 re-connect fee.
b. 
Individual allotments may be adjusted by the City Manager or his/her designee(s) based on historical water usage conservation practices of customer. The other restrictions of Stage 3 still apply to commercial and industrial users.
(ii) 
Industrial users may present a Conservation Plan for approval by the City Manager.
(d) 
Stage 4 Responses – Critical water shortage conditions (critical alert).
(1) 
Goal:
Achieve a 50% reduction in daily water demand.
(2) 
Whenever CRITICAL water shortage conditions exist as defined in § 13.05.008 of the plan, the City Manager shall:
(A) 
Assess the severity of the problem and identify the actions needed and time required to solve the problem.
(B) 
Inform the utility director or other responsible official of each wholesale water customer by telephone or in person and suggest actions, as appropriate, to alleviate problems (e.g., notification of the public to reduce water use until service is restored).
(C) 
If appropriate, notify city, county, and/or state emergency response officials for assistance.
(D) 
Undertake necessary actions, including repairs and/or clean-up as needed.
(E) 
Prepare a post-event assessment report on the incident and critique of emergency response procedures and actions.
(3) 
Water use restrictions.
Under threat of penalty for violation, the following water use restrictions shall apply to all persons:
(A) 
All outdoor irrigation of vegetation including lawns, using potable water is prohibited.
(B) 
Vehicle washing.
(i) 
It is NOT permissible to wash automobiles, trucks, trailers, boats, and other types of mobile equipment at any time.
(ii) 
If the health, safety and welfare of the public depends upon mandatory vehicle cleaning, as determined by the City Manager or his/her designee(s), then washing of vehicles such as emergency vehicles, aircraft, garbage trucks, and vehicles used to transport food and perishables will be allowed.
(iii) 
Charity car washes are prohibited.
(C) 
The filling, refilling or adding of water to swimming and/or wading pools is prohibited. The construction of new swimming pools is prohibited.
(D) 
The operation of any ornamental fountain or similar structure is prohibited. The construction of new ornamental fountains is prohibited.
(E) 
Use of water from fire hydrants shall be limited to firefighting and related activities or other activities necessary to maintain public health, safety and welfare. Water for domestic use only may be purchased from the bulk loading station.
(F) 
The following uses of water are defined as "waste of water" and are absolutely prohibited:
(i) 
Allowing water to run off a property through the street, gutter, ditch, alley, or drain for more than 75 feet from the downgrade of the property line;
(ii) 
Failure to repair a controllable leak; including a broken sprinkler head, a leaking valve, leaking or broken pipes, or a leaking faucet.
(iii) 
Operating a permanently installed irrigation system with:
a. 
A broken sprinkler head;
b. 
A sprinkler head that is spraying over a street or parking lot because it is out of adjustment; or
c. 
A sprinkler head that is misting due to high pressure.
(iv) 
Washing sidewalks, driveways, parking areas, tennis courts, patios or other paved areas, except to alleviate immediate fire, health and safety hazards.
(G) 
Commercial and industrial users.
(i) 
Commercial and industrial users of water (for other than drinking water and restrooms) shall continue to maintain at least a 15% reduction of water use compared to use during the same month of the previous year.
a. 
If a customer uses more than the allowed amount more than once at any time during Stage 3, then after each such overuse the customer's water may be turned off and there will be a $250.00 re-connect fee.
b. 
Individual allotments may be adjusted by the City Manager or his/her designee(s) based on historical water usage conservation practices of customer. The other restrictions of Stage 3 still apply to commercial and industrial users.
(ii) 
Water used for industrial purposes not in the immediate interest of the public health, safety and welfare will be curtailed to the extent necessary to effectuate the needs and purposes of this plan.
(Ordinance 954 adopted 4/22/2024)
In the event that the triggering criteria specified in § 13.05.008 of the plan for Stage 3, Severe water shortage conditions have been met, the City Manager is hereby authorized initiate allocation of water supplies on a pro rata basis in accordance with Texas Water Code Section § 11.039 and according to the following water allocation policies and procedures:
(1) 
A wholesale customer's monthly allocation shall be a percentage of the customer's water usage baseline. The percentage will be set by resolution of the City Council based on the City Manager's assessment of the severity of the water shortage condition and the need to curtail water diversions and/or deliveries and may be adjusted periodically by resolution of City of Anson as conditions warrant. Once pro rata allocation is in effect, water diversions by or deliveries to each wholesale customer shall be limited to the allocation established for each month.
(2) 
A monthly water usage allocation shall be established by the City Manager, or his/her designee, for each wholesale customer. The wholesale customer's water usage baseline will be computed on the average water usage by month for a five (5) year (e.g., 2020 to 2024) period as shown in the example given below. If the wholesale water customer's billing history is less than 5 years, the monthly average for the period for which there is a record shall be used for any monthly period for which no billing history exists.
Example Calculation of Monthly Allocation for a Hypothetical Wholesale Water Customer
2020
2021
2022
2023
2024
SUM
AVE
ALLOCATION PERCENTAGE
MONTHLY ALLOCATION
Jan
133
137
146
148
156
719
144
75%
108
Feb
115
122
133
133
147
650
130
75%
98
March
130
150
146
149
159
734
147
75%
110
April
130
167
168
157
187
808
162
75%
122
May
160
152
179
183
171
845
169
75%
127
June
226
184
172
205
249
1,035
207
75%
155
July
235
274
232
314
246
1,301
260
75%
195
Aug
222
203
206
337
309
1,277
255
75%
191
Sept
199
160
196
229
198
982
196
75%
147
Oct
165
172
197
165
185
884
177
75%
133
Nov
139
142
149
153
162
745
149
75%
112
Dec
142
143
150
156
165
755
151
75%
113
Total
1,995
2,006
2,072
2,330
2,333
2,333
Note: *Units in million gallons
(3) 
The City Manager shall provide notice, by certified mail, to each wholesale customer informing them of their monthly water usage allocations and shall notify the news media and the executive director of the Texas Commission on Environmental Quality upon initiation of pro rata water allocation.
(4) 
Upon request of the customer or at the initiative of the City Manager, the allocation may be reduced or increased if: (1) the designated period does not accurately reflect the wholesale customer's normal water usage; (2) the customer agrees to transfer part of its allocation to another wholesale customer; or (3) other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. A customer may appeal an allocation established hereunder to the Anson City Council.
(Ordinance 954 adopted 4/22/2024)
(a) 
No person shall knowingly or intentionally allow the use of water from the City of Anson 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 Mayor, or his/her designee, in accordance with provisions of this 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 fifty dollars ($50) and not more than two hundred and fifty dollars ($250). 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 Mayor 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 $250, and any other costs incurred by the City of Anson in discontinuing service. In addition, suitable assurance must be given to the Mayor 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 the district court.
(c) 
Any person, including a person classified as a water customer of the City of Anson, 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 of Anson designated by the Mayor, 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 three days nor more than five 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.
(e) 
During any period in which pro rata allocation of available water supplies is in effect, wholesale customers shall pay the following surcharges on excess water diversions and/deliveries:
(1) 
1.5 times the normal water charge per million gallons in excess of the monthly allocation up through 5 percent above the monthly allocation.
(2) 
2.0 times the normal water charge per million gallons in excess of the monthly allocation from 5 percent through 10 percent above the monthly allocation.
(3) 
2.5 times the normal water charge per million gallons in excess of the monthly allocation from 10 percent through 15 percent above the monthly allocation.
(4) 
3.0 times the normal water charge per million gallons more than 15 percent above the monthly allocation.
(5) 
The above surcharges shall be cumulative.
(Ordinance 954 adopted 4/22/2024)
(a) 
The Mayor, 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 article shall file a petition for variance with the City of Anson within five days after the plan or a particular drought response stage has been invoked. All petitions for variances shall be reviewed by the Mayor, 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 of Anson shall be subject to the following conditions, unless waived or modified by the Mayor 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 954 adopted 4/22/2024)
All future wholesale customer contracts or contract extensions to existing wholesale contracts shall include the following provision: "In the case of a shortage of water resulting from drought, water to be distributed shall be divided in accordance with Texas Water Code § 11.039."
(Ordinance 954 adopted 4/22/2024)