For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONSERVATION.
Those practices, techniques, and technologies that reduce the consumption of water, reduce the loss or waste of water, improve the efficiency in the use of water or increase the recycling and reuse of water so that a supply is conserved and made available for future or alternative uses.
CUSTOMER.
Any person, company, or organization using water supplied by the city, other than the city itself or a city employee acting within the course and scope of such employment.
DESIGNATED WATERING DAYS.
Means Sundays and Thursdays for street addresses ending in an even number (0, 2, 4, 6, or 8), and Saturdays and Wednesdays for street addresses ending in an odd number (1, 3, 5, 7 or 9).
DROUGHT CONTINGENCY PLAN.
A plan which prescribes short-term measures to cause a temporary but significant reduction in water use during drought or periods of extended high temperatures.
NON-ESSENTIAL WATER USE.
Water uses that are not essential, nor required for the protection of public health, safety, and welfare including but not limited to:
(1) 
Irrigation of landscaped areas, including parks, athletic fields, and golf courses, except as otherwise provided by this subchapter;
(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 except to maintain health and safety conditions;
(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 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 within a reasonable period after becoming aware of such leak; and
(9) 
Use of water from hydrants for any other purposes other than fire fighting.
OUTDOOR WATER USE.
Any outdoor use of water, including but not limited to watering lawns, shrubs, and other types of outdoor vegetation; washing vehicles, boats, and trailers; use of landscape irrigation systems; the refilling or adding water to outdoor swimming pools, wading pools or ponds; the operation of any outdoor ornamental fountain or other similar structure; the use of water from fire hydrants for uses other than fire fighting or other activities necessary to maintain health and safety conditions; the washing down of patios, driveways, parking areas, streets, tennis courts, sidewalks or other paved areas; and the washing down of ground foundations.
(Ord. 94-21, 6-14-1994; Ord. 2005-40, 11-8-2005; Ord. 2009-31, 10-27-2009; Ord. 2011-32, 12-13-2011; Ord. 2015-03, 2-24-2015; Ord. 2020-57, 10-27-2020; Ord. 2021-21, 4-20-2021; Ord. 2024-02, 2-13-2024)
(A) 
Daily water demand will be monitored for emergency conditions by the city. The City Manager, on recommendation of the Public Works Department, shall determine when conditions warrant initiation or termination of each stage of this subchapter. Weather conditions are to be considered in drought classification determination. Predicted long, cold, or dry periods are to be considered in impact analysis.
(B) 
The city shall conduct a feasibility study about an interconnection with Central Texas Water Supply Corporation. The interconnection would be utilized to provide water in emergency conditions provided it does not create an additional emergency situation for either entity. This shared water resource may be evaluated or implemented prior to initiation of the trigger conditions.
(C) 
Stage 1 - Mild Water Shortage Conditions, Voluntary Conservation.
Customers shall be requested to voluntarily conserve water and adhere to the water restrictions on non-essential water use, as outlined in § 52.22(B) (Stage 1) conservation measures when any of the following trigger events occur:
(1) 
The city's wholesale water provider initiates Stage 1 conservation conditions.
(2) 
The city's total daily water demand expressed as a percentage of pumping capacity reaches 80%.
(D) 
Stage 2 - Moderate Water Shortage Conditions, Mandatory Conservation.
The City Manager will initiate Stage 2 conservation measures when any of the following triggering events occur:
(1) 
The city's total storage capacity falls to 75% of maximum storage.
(2) 
The city's wholesale water provider initiates Stage 2 conservation conditions.
(3) 
The city's total daily water demand expressed as a percentage of pumping capacity reaches 85%.
(E) 
Stage 3 - Severe Water Shortage Conditions, Mandatory Conservation.
The City Manager will initiate Stage 3 conservation measures when any of the following triggering events occur:
(1) 
The city's total storage capacity falls to 50% of maximum storage.
(2) 
The city's wholesale water provider initiates Stage 3 conservation conditions.
(3) 
The city's total daily water demand expressed as a percentage of pumping capacity reaches 90%.
(F) 
Stage 4 - Emergency Water Shortage Conditions, Mandatory Conservation.
The City Manager will initiate Stage 4 conservation measures when any of the following triggering events occur:
(1) 
The city's total storage capacity falls to 25% of maximum storage.
(2) 
The city's total daily water demand expressed as a percentage of pumping capacity reaches 95%.
(3) 
The city water system is contaminated to the degree that the city's ability to supply safe, potable water is impaired.
(4) 
Any mechanical failure of pumping equipment or system component failure which in the opinion of the Public Works Director will require more than 12 hours to repair, and which causes a loss of capability to provide water service in the city.
(5) 
The City Manager declares that mandatory water restrictions are necessary to protect the public health, safety, and welfare due to unusual events, catastrophic occurrences, or severe weather, provided that such declaration shall not extend beyond seven days unless authorized by the City Council.
(G) 
Requirements for termination.
The City Manager may rescind Stage 1 at any time. Any other Stage may be rescinded by the City Manager when all of the trigger conditions for that Stage cease to exist.
(Ord. 94-21, 6-14-1994; Ord. 98-41, 10-13-1998; Ord. 2005-40, 11-8-2005; Ord. 2009-31, 10-27-2009; Ord. 2011-32, 12-13-2011; Ord. 2015-03, 2-24-2015; Ord. 2020-57, 10-27-2020; Ord. 2021-21, 4-20-2021; Ord. 2024-02, 2-13-2024)
(A) 
The City Manager shall monitor water supply and demand conditions daily and, upon initiating a drought response stage in accordance with the triggering criteria set forth in § 52.21, shall provide notice as provided by § 52.23(B). The applicable restrictions are effective immediately on the making of the public announcement.
(B) 
Stage 1 - Mild Water Shortage Conditions, Voluntary Conservation.
During Stage 1 the aspirational goals are to: raise public and customer awareness of water demand conditions; encourage voluntary water conservation by avoiding non-essential water uses and observance of the restrictions of this subsection; and achieve a target reduction of 5% of the city's total water demand expressed as a percentage of pumping capacity.
(1) 
Irrigation of landscaped areas with hose-end sprinklers or automatic irrigation systems should be limited to any two days of the week between the hours of 8:00 p.m. and 9:00 a.m.
(2) 
Outdoor water use is discouraged between the hours of 9:00 a.m. and 8:00 p.m. except with hand-held 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 hand-held buckets.
(3) 
All operations of the city shall minimize non-essential water uses.
(C) 
Stage 2 - Moderate Water Shortage Conditions, Mandatory Conservation.
During Stage 2 the aspirational goal is to achieve a target reduction of 10% of the city's total water demand expressed as a percentage of pumping capacity. Customers must comply with the water use requirements and restrictions of this subsection under threat of penalty for violation.
(1) 
The following uses and activities are prohibited at all times:
(a) 
Washing sidewalks, walkways, driveways, parking lots, tennis courts, patios, or other hard-surfaced areas, except to alleviate immediate health or safety hazards;
(b) 
Allowing water to run off a property or allowing water to pond in the street or parking lot;
(c) 
Operating a permanently installed irrigation system with one or more sprinkler heads that are broken, missing, out of adjustment, or spraying more than 10% of the water on street or parking lots;
(d) 
Failure to repair a controllable leak within a reasonable period after the customer becomes aware of such leak; and
(e) 
Charity car washes.
(2) 
Irrigation of landscaped areas, golf course greens, tees, and fairways shall be limited to the hours of 8:00 p.m. to 9:00 a.m. on designated watering days.
(3) 
The washing of automobiles, trucks, motorbikes, boats, trailers, airplanes, or other vehicles is prohibited except between the hours of 8:00 p.m. to 9:00 a.m. on designated watering days. Such washing, when allowed, shall be done with a hand-held bucket or a hand-held hose equipped with a positive shutoff nozzle for quick rinses. This prohibition does not apply to washing of:
(a) 
Individual vehicles on the immediate premises of a commercial car wash or commercial service station; or
(b) 
Vehicles or any other type of mobile equipment (such as garbage trucks and vehicles to transport food and perishables) when the health, safety, and welfare of the public is contingent upon frequent vehicle cleansing.
(4) 
Use of water to fill, refill, or add to any indoor or outdoor swimming pools, wading pools, or jacuzzi-type pools is prohibited except between the hours of 8:00 p.m. to 9:00 a.m. on designated watering days.
(5) 
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.
(6) 
Restaurants are prohibited from serving water to patrons except when requested.
(7) 
All other outdoor water use is prohibited between the hours of 9:00 a.m. and 8:00 p.m. except with hand-held 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 hand-held buckets. It shall be an affirmative defense to a violation of using water outside the hours permitted by this division if customer was:
(a) 
At a commercial plant nursery and irrigating products for sale; or
(b) 
Irrigating landscaping during installation thereof or within the first ten days thereafter.
(8) 
Stage 2 restrictions do not apply to the following uses of water:
(a) 
The necessary use of water, other than for landscaping irrigation, by a governmental entity in pursuit of its governmental functions for the benefit of the public, such as for capital improvement construction projects; and
(b) 
The necessary use of water, other than for landscape irrigation, for land development (such as roadway base preparation, flushing of utility lines, dust control, concrete and asphalt work) and for building construction processes.
(D) 
Stage 3 - Severe Water Shortage Conditions, Mandatory Conservation.
During Stage 3 the aspirational goal is to achieve a target reduction of 20% of the city's total water demand expressed as a percentage of pumping capacity.
(1) 
Supply management measures.
The city will cease the flushing of water mains except when necessary for reasons of health or safety. Irrigation of public landscaped areas will be discontinued except when such areas are irrigated with reclaimed water, domestic ground water, raw water sources, or sources other than the city water supply system.
(2) 
Water use restrictions.
During Stage 3 customers must comply with the water use requirements and restrictions of this division, under threat of penalty for violation. All requirements and restrictions of Stage 2 shall remain in effect during Stage 3 except:
(a) 
The washing of automobiles, trucks, trailers, boats, airplanes, and other types of mobile equipment is prohibited except:
1. 
On the immediate premises of a commercial car wash or a commercial service station; or
2. 
When such washing is in the immediate interest of the public health, safety, and welfare, and occurs between the hours of 6:00 a.m. and 9:00 a.m.
(b) 
The filling, refilling, or adding of potable water to swimming or wading pools is prohibited.
(c) 
No new landscapes of any type may be installed.
(d) 
The use of water for land development, construction purposes, and dust control is prohibited.
(e) 
All other outdoor water use is restricted to use of 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 hand-held buckets, and may occur only between the hours of 6:00 a.m. to 9:00 a.m. and 8:00 p.m. to 10:00 p.m. on designated watering days. The use of permanently installed irrigation systems, drip irrigation systems, and hose end irrigation is prohibited.
(E) 
Stage 4 - Emergency Water Shortage Conditions, Mandatory Conservation.
During Stage 4 the aspirational goal is to achieve a target reduction of 30% of the city's total water demand expressed as a percentage of pumping capacity.
(1) 
Water use restrictions.
During Stage 4 customers must comply with the water use requirements and restrictions of this division, under threat of penalty for violation. All requirements and restrictions of Stage 3 shall remain in effect during Stage 4.
(2) 
The City Manager, upon recommendation of the Public Works Director, may order water rationing and terminate service to selected users of the system in accordance with the following sequence:
(a) 
Recreational users;
(b) 
Commercial users;
(c) 
Industrial users;
(d) 
School users;
(e) 
Residential users; and
(f) 
Public health and safety facilities.
(Ord. 94-21, 6-14-1994; Ord. 2005-40, 11-8-2005; Ord. 2009-31, 10-27-2009; Ord. 2011-32, 12-13-2011; Ord. 2015-13, 2-24-2015; Ord. 2020-57, 10-27-2020; Ord. 2021-21, 4-20-2021; Ord. 2024-02, 2-13-2024)
(A) 
The city is located within the Brazos Region Water Planning Group, Region G. A copy of this subchapter has been provided to the Brazos Region Water Planning Group, Region G, as well as the Brazos River Authority.
(B) 
Public notification of the initiation or termination of drought response stages shall be by means of publication in the local newspaper of record, the city website, social media outlets, and public service announcements on local media news stations. Additional notification may be given by signs posted in public places, utility bill inserts, and other means to be determined by the City Manager.
(C) 
The current stage of the Drought Contingency Plan will be reported through the TCEQ's online Public Water System Drought Contingency Plan Water Use Restrictions Reporting Form.
(D) 
Public education of this subchapter will be provided periodically to update the public with information about the conditions under which each Stage of this subchapter is to be initiated or terminated as well as the drought measures to be implemented in each stage. This information may be provided through utility bill inserts, public events, or other means to be determined by the City Manager.
(E) 
In the event of an imminent or actual water supply emergency due to either impairment of water supply source (including contamination) or system failure, the following emergency actions will take place:
(1) 
The public will be notified of the need to boil water, use bottled water, or use a designated alternate water source, as appropriate.
(2) 
The City Manager may seek assistance through the local and/or state emergency management system.
(Ord. 94-21, 6-14-1994; Ord. 2005-40, 11-8-2005; Ord. 2009-31, 10-27-2009; Ord. 2011-32, 12-13-2011; Ord. 2015-13, 2-24-2015; Ord. 2020-57, 10-27-2020; Ord. 2021-21, 4-20-2021; Ord. 2024-02, 2-13-2024)
(A) 
The City Manager may, in writing, grant temporary variance for existing water uses otherwise prohibited under this subchapter if it is determined that failure to grant such a 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 subchapter cannot be technically accomplished during the duration of the water supply shortage or other condition for which the subchapter is in effect; or
(2) 
Alternative methods can be implemented which will achieve a comparable reduction in water use.
(B) 
Persons requesting an exemption from the provisions of this subchapter shall file a petition for variance with the City Secretary within five days after 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 each petitioner;
(2) 
Purpose of water use;
(3) 
Specific provision(s) of this subchapter from which the petitioner is requesting relief;
(4) 
Detailed statement as to how the specific provision of this subchapter adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this subchapter;
(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 subchapter and the compliance date; and
(8) 
Any other pertinent information.
(C) 
Variances granted by the City Manager shall be subject to the following conditions, unless waived or modified:
(1) 
Variances granted shall include a timetable for compliance;
(2) 
Variances granted shall expire when the particular drought response stage for which the variance was granted is no longer in effect; and
(3) 
The City Manager may terminate a variance if the petitioner fails to meet specified requirements.
(D) 
No variance shall be retroactive or otherwise justify any violation of this subchapter occurring prior to the issuance of the variance.
(Ord. 2005-40, 11-8-2005; Ord. 2009-33, 10-27-2009; Ord. 2011-32, 12-13-2011; Ord. 2015-03, 2-24-2015; Ord. 2020-57, 10-27-2020; Ord. 2021-21, 4-20-2021; Ord. 2024-02, 2-13-2024)