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AmendedbyOrdinanceNo.201206403/06/12JR
ORDINANCE NO.2009-
AN ORDINANCE AMENDING THE WATER CONSERVATION AND DROUGHT CON-
TINGENCY PLAN OF THE CITY OF DENTON PREVIOUSLY ENACTED BY THE CITY
COUNCIL IN ORDINANCE NO. 2005-121 ON THE 19TH DAY OF APRIL, 2005; AND AS
PREVIOUSLY AMENDED BY THE AMENDED WATER CONSERVATION AND
DROUGHT CONTINGENCY PLAN IN ORDINANCE NO. 2006-127 ON THE 2ND DAY OF
MAY, 2006; FURTHER AMENDING THE WATER CONSERVATION AND DROUGHT
CONTINGENCY PLAN IN ACCORDANCE WITH THE REQUIREMENTS OF THE LAW;
ADDING A SECTION TO THE CONSERVATION PLAN ADDRESSING TWO BEST
MANAGEMENT PRACTICES RECOMMENDED BY THE TEXAS WATER DEVELOP-
MENT BOARD, TO INCLUDE PARK AND ATHLETIC FIELD WATER CONSERVATION;
AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF; PROVIDING A CRIMINAL
PENALTY NOT TO EXCEED $2,000 PER VIOLATION; PROVIDING A CIVIL PENALTY
NOT TO EXCEED $1,000 PER DAY PER VIOLATION AND PROVIDING CIVIL LEGAL
REMEDIES FOR THE CITY OF DENTON, TEXAS; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, § 11.1271 and 11.1272 of the Texas Water Code and the applicable rules of
the Texas Commission on Environmental Quality require the City to include specific, quantified
five-year and ten-year targets for water savings and specific quantified targets for water use re-
ductions during periods of water shortages and drought in the Water Conservation and Drought
Contingency Plan; and
WHEREAS, on April 19, 2005, the City Council enacted the ordinance providing for the
Water Conservation and Drought Contingency Plan for the City, by enacting Ordinance No.
2005-121; and
WHEREAS, on May 2, 2006, the City Council enacted the ordinance providing for the
Amended Water Conservation and Drought Contingency Plan for the City, by enacting Ordin-
ance No. 2006-127, by adding Appendix "G" to said plan, which was the "Lawn and Landscape
Irrigation and Water Waste Ordinance'; and
WHEREAS, the City Council of the City of Denton, Texas recognizes that the amount of
water available to the City and its water utility customers is limited, is subject to depletion and
should be used efficiently; and the City Council desires to amend the said Water Conservation
and Drought Contingency Plan to include two additional Texas Water Development Board, Best
Management Practices recommended by the Task Force's Water Conservation Best Management
Practices Guide that relate to park and athletic field conservation; and
WHEREAS, the City Council finds that this ordinance is necessary to protect the public
health of the residents of the City of Denton, Texas, in accordance with §54.001 and §54.004 of
the Texas Local Government Code; and
WHEREAS, the City Council deems it in the public interest to adopt the following
amendments to the Water Conservation and Drought Contingency Plan as are contained in the
attached "City of Denton - Water Conservation and Drought Contingency Plan - April 2009"
1
attached hereto as Exhibit "A", said Plan is incorporated by reference herewith; NOW, THERE-
FORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. City of Denton Ordinance No. 2005-121, pertaining to the "Water Conser-
vation and Drought Contingency Plan," and codified in Chapter 26 of the Code of Ordinances of
the City of Denton, Texas, at §§26-233 and 26-234, amended, by City of Denton Ordinance No.
2006-127, by adding to it Appendix "G", which is the "Land and Landscape Irrigation and Water
Waste Ordinance"; and as further amended by the "Water Conservation and Drought Contingen-
cy Plan - April 2009" which is attached hereto and incorporated by reference herein for all pur-
poses:
Sec. 26-233. Water conservation and drought contingency plan.
(a) Adoption of plans. The Water Conservation and Drought Contingency Plan of the
City adopted dated April 19, 2005, and the previous amendment thereto adopted by ordinance
dated May 2, 2006, are both hereby amended and the "City of Denton - Water Conservation and
Drought Contingency Plan - April 2009" is hereby adopted by reference and is added to, and
made a part of this Code of Ordinances for all purposes, as if fully set forth herein (hereafter col-
lectively referred to as the "Plan").
Sec. 26-234. Criminal and Civil Penalties.
(a) A person commits an offense if he or she knowingly makes, causes, or permits a
use of water contrary to the measures implemented in the Water Conservation and Drought Con-
tingency Plan, as amended (the "Plan"). For the purposes of this section, it is presumed that a
person has knowingly made, caused, or permitted a use of water contrary to the measures im-
plemented if the mandatory measures have been implemented according to the Plan and any one
of the following conditions apply:
(1) The Plan prohibits the manner of use; or
(2) The amount of water used exceeds the amount allowed by the Plan; or
(3) The amount of use or the amount used violates the terms and conditions of
a compliance agreement following a variance granted by the Assistant
City Manager for Utilities; or
(4) The violation of any provision of the "Land and Landscape Irrigation and
Water Waste Ordinance"
(b) The following penalty shall apply during Stages 3 and 4 of the Water Conserva-
tion and Drought Contingency Plan, as amended. Any person who knowingly violates any pro-
vision of this article shall, upon conviction, be punished by a fine not to exceed two thousand
dollars ($2,000.00). Each day that one or more provisions in this Plan is violated shall be consi-
dered to be a separate offense.
2
(c) The City Attorney is authorized to commence an action for appropriate legal or
equitable relief in a court of competent jurisdiction in addition to the penalty mentioned in the
above Subsection (b). Such additional relief may include:
(1) An injunction to prevent a violation of this chapter, or of the Water Con-
servation and Drought Contingency Plan, as amended;
(2) Recovery for expenses incurred by the City in responding to a violation of
this Chapter, or of the Water Conservation and Drought Contingency Plan,
as amended;
(3) A civil fine of up to one thousand dollars ($1,000.00) per day for viola-
tions of §26-233 or for violations of the Water Conservation and Drought
Contingency Plan, as amended;
(4) All other damages, costs, remedies and legal processes to which the City
may be entitled.
SECTION 2. That this ordinance shall be cumulative of all provisions of ordinances and
of the Code of Ordinances of the City of Denton, Texas, as amended, except when provisions of
this ordinance are in direct conflict with the provisions of such ordinances and such Code. All
conflicting provisions of such ordinances and such Code are hereby repealed to the extent of that
conflict only.
SECTION 3. That it is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and, if any
phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitution-
al by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionali-
ty shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of
this ordinance since the same would have been enacted by the City Council without the incorpo-
ration of this ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or sec-
tion.
SECTION 4. That this ordinance shall become effective fourteen (14) days from the
date of its passage, and the City Secretary is hereby directed to cause the caption of this ordin-
ance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of
Denton, Texas, within ten days of the date of its passage.
PASSED AND APPROVED this the ~~day of , 2009.
3
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: '
APPR ~1D AS O LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
EXHIBIT A
Water Conservation and Drought Contingency Plan City of Denton
CITY OF DENTON
Water Conservation and Drought Contingency Plan
April 2009
1. INTRODUCTION AND OBJECTIVES
Water supply has always been a key issue in the development of Texas. In recent years, the increasing
population and economic development in Region C have led to growing demands for water. Additional
supplies to meet higher demands will be expensive and difficult to develop. Therefore, it is important that
we make efficient use of existing supplies and make them last as long as possible. This will delay the need
for new supplies, minimize the environmental impacts associated with developing new supplies, and delay
the high cost of additional water supply development.
Recognizing the need for efficient use of existing water supplies, the Texas Commission on Environmental
Quality (TCEQ) has developed guidelines and requirements governing the development of water
Conservation and drought contingency plans for public water suppliers.' The TCEQ guidelines and
requirements for water suppliers are included in Appendix B. The City of Denton has adopted this water
conservation and drought contingency plan pursuant to TCEQ guidelines and requirements.
The objectives of the water conservation plan are:
• To reduce water consumption.
• To reduce the loss and waste of water.
• To identify the level of water reuse.
• To improve efficiency in the use of water.
• To extend the life of current water supplies by reducing the rate of growth in
demand.
The objectives of the drought contingency plan are:
• To conserve the available water supply in times of drought and emergency
• To maintain supplies for domestic water use, sanitation, and fire protection
• To protect and preserve public health, welfare, and safety
• To minimize the adverse impacts of water supply shortages
• To minimize the adverse impacts of emergency water supply conditions.
Water Conservation and Drought Contingency Plan City of Denton
2. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES
2.1 Conservation Plans
The TCEQ rules governing development of water conservation plans for public water suppliers are
contained in Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.2 of the Texas Administrative Code,
which is included in Appendix B. For the purpose of these rules, a water conservation plan is defined as:
"A strategy or combination of strategies for reducing the volume of water withdrawn from a water
supply source, for reducing the loss or waste of water, for maintaining or improving the efficiency
in the use of water, for increasing the recycling and reuse of water, and for preventing the pollution
of water. A water conservation plan may be a separate document identified as such or may be
contained within another water management document(s)."l
According to TCEQ rules, water conservation plans for public water suppliers must have a certain
minimum content (Section 3), must have additional content for public water suppliers that are projected to
supply 5,000 or more people in the next ten years (Section 4), and may have additional optional content
(Section 5).
2.2 Drought Contingency Plans
The TCEQ rules governing development of drought contingency plans for public water suppliers are
contained in Title 30, Part 1, Chapter 288, Subchapter B, Rule 288.20 of the Texas Administrative Code,
which is included in Appendix B. The rules for wholesale water suppliers are contained in Rule 288.22,
included in Appendix B. For the purpose of these rules, a drought contingency plan is defined as:
"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. A drought contingency plan may be a separate document identified as such or may be
contained within another water management document(s)."I
The drought contingency plan for the City of Denton is contained in Section 6 of this water conservation
and drought contingency plan.
Water Conservation and Drought Contingency Plan City of Denton
3. MINIMUM REQUIRED WATER CONSERVATION PLAN CONTENT
The minimum requirements in the Texas Administrative Code for water conservation plans for public
drinking water suppliers covered in this report are as follows:
• §288.2(a)(1)(A) - Utility Profile - Section 3.1 and Appendix C
• §288.2(a)(1) (B) - Specification of Goals Before May 1, 2005 - Section 3.2
a §288.2(a) (1) (C) - Specification of Goals After May 1, 2005 - Section 3.2
• §288.2(a) (1)(D) -Accurate Metering - Sections 3.3 and 3.4
• §288.2(a) (1)(E) - Universal Metering- Section 3.4
• §288.2(a)(1)(F) - Determination and Control of Unaccounted Water- Section 3.5
• §288.2(a)(1)(G) - Public Education and Information Program - Section 3.6
• §288.2(a)(1)(H) - Non-Promotional Water Rate Structure - Section 3.7
• §288.2(a)(1)(I) - Reservoir System Operation Plan - Section 3.8
• §288.2 (a) (1)(J) - Means of Implementation and Enforcement - Section 3.9,
• Appendix D
• §288.2(a)(1)(K) - Coordination with Regional Water Planning Group - Section
• 3.10 and Appendix E
TCEQ places additional requirements on wholesale water suppliers in Title 30, Part 1, Chapter 288,
Subchapter B, Rule 288.5 of the Texas Administrative Code. This Rule is included in Appendix B.
TCEQ's minimum requirements for water conservation plans are addressed in the following subsections of
this report:
• 288.5(1)(C) -Maximum Acceptable Unaccounted-For Water Goal -Section 3.5
3.1 Utility Profile
Appendix C to this water conservation plan is a water utility profile for the City of Denton, based on the
format recommended by the TCEQ.z
3.2 Specification of Water Conservation Goal
Specific elements of the Water Conservation Plan are discussed in the subsequent sections of this
document. The development of this plan involved the identification and examination of numerous
conservation strategies. The conservation strategies chosen for the plan were derived from numerous
Water Conservation and Drought Contingency Plan City of Denton
sources including state agency recommendations, the Region C planning group, water conservation
literature, and the City's existing Water Conservation Plan.
Prior to 2005, Denton's water conservation goal was a 15 percent reduction in per capita water use by
2050. This goal was established in Denton's Water Conservation and Drought Contingency Plan adopted
December 7,1999.
The City's water conservation goals after May 1, 2005 include the following:
• Achieve 2009 per capita water use of 180 gpcd or less, as shown in Table 3-2 (current target). This
represents a reduction of 9 gpcd from year 2000per-capita water use.
• Achieve 2014 per capita water use of 171 gpcd or less, as shown in Table 3-2 (five-year target). This
represents a reduction of 18 gpcd from the year 2000 per-capita water use.
• Achieve 2019 per capita water use of 162 gpcd or less, as shown in Table 3-2 (ten-year target). This
represents a reduction of 27 gpcd from year 2000 per-capita water use
The City's conservation goal was articulated in 2005 as a one percent reduction yearly in per-capita usage
for ten years. This goal was based on: 1) per-capita reduction goals recommended by the Texas Water
Development Board's Task Force on Water Conservation; and 2) an indication in recent data that per capita
water demand had started to decline. However, weather patterns over the same period of time were such
that declining per capita consumption may have been weather related.
Denton's specific goal of a one percent reduction of per-capita per year in the first five years, based on
estimated savings from current conservation measures, a lawn and landscape irrigation ordinance, and
moderate growth in Denton's reuse program, was mildly exceeded, with a per-capita savings by 2008 at 10
gpcd. This savings is a reflection of the effects of conservation programs referenced above, but could also
have been caused by weather variability. Current conservation measures include savings from state
required low-flow plumbing fixtures, the implementation of the federal clothes washer standards,
increasing water prices over time, and the water conservation components of Denton's current plan
(detailed in the following sections of the Plan). By the year 2014, the second required evaluation and
update period of the plan, meeting the one percent reduction in per-capita per year would result in a per
capita water savings of approximately 18 gallons per day. This might require the implementation of
additional conservation measures being considered by the city.
Water Conservation and Drought Contingency Plan City of Denton
The specific per-capita water use reduction estimates in Table 3-2 are based largely on the Region C
planning group water savings estimates for Denton. However, Denton's estimates are slightly more
conservative than the estimates provided by Region C.
Table 3-1. Five and Ten Year Water Savings Targets
Unit
Unit
2000
2005
2009
2014
2019
City of Denton Population
80,537
98,965
Gallons per Capita per Day
gpcd
189
179
Savings from low-flow fixtures and
Federal Clothes Washer Standard
gpcd
5.4
11.8
14.8
Savings from Conservation Measures
gpcd
2.6
4.2
9.2
Savings from Reuse
gpcd
1
2
3
Projected Per-Capita Savings
gpcd
9
18
27
Projected Per-Capita Reduction
percent
5%
10%
15%
Actual Per-Capita Savings
gpcd
10
Actual Per-Capital Reduction
percent
5.3%
3.3 Accurate Metering of Raw Water Supplies and Treated Water Deliveries
The City of Denton meters all raw water diversions from Lake Lewisville and Lake Ray Roberts to each of
the Water Treatment Plants. The City of Denton also meters all treated water deliveries to the distribution
system from each water treatment plant. Each meter has an accuracy of plus or minus one percent. The
meters are calibrated on a semiannual basis by City of Denton personnel to maintain the required accuracy
and are repaired or replaced as needed.
3.4 Metering of Customer and Public Uses and Meter Testing, Repair, and Replacement
Water usage for all customers of the City of Denton, including public and governmental use, is metered.
As part of the water conservation plan, the City of Denton will continue to implement a meter replacement
program. Denton Water Utility (DWU) staff conducted an extensive study in 2004 in which over 2000
water meters were bench tested for accuracy. In addition a cost-benefit analysis was conducted in order to
maximize the efficiency of the meters versus the costs of the replacement program. Based on the study, 3/4
Water Conservation and Drought Contingency Plan City of Denton
to 2-inch meters are replaced on a twelve to fourteen-year cycle. The program focused on replacing the
oldest meters in the system first. From 2004 to 2008 DWU has replaced meters to meet the twelve to
fourteen-year cycle. Meters that are 3-inch or larger are tested every one to two years and repaired or
replaced as necessary.
In addition, meters registering any unusual or questionable readings are automatically flagged in the billing
process and be tested and repaired to restore full functionality.
3.5 Determination and Control of Unaccounted Water
In 2003, the Texas Water Code (Chapter 16.0121) was amended to require that every five years a retail
public utility that provides potable water shall perform and file with the Texas Water Development Board
(TWDB) a water audit computing the utility's most recent annual system water loss. DWU filed its first
audit, covering Fiscal Year 2005 in the spring of 2006. The next submittal is required in 2011.
DWU staff performs a yearly water audit, using the International Water Association/ American Water
Works Association (IWA/AWWA) method required by the TWDB. DWU staff has been conducting water
audits since the early 1990's. Historically, The City of Denton's unaccounted-for water, based on the older
American Water Works Association (AWWA) water audit methodology, has always been less than ten
percent, below the AWWA goal. The City of Denton unaccounted-for water is also below the national
average of twelve percent. The City of Denton's system has always met the suggested targets of the newer
IWA/AWWA methodology as specified by the TWDB Task Force on water conservation.
Historically, the City of Denton's unaccounted-for water, based on the older AWWA water audit
methodology, has also been less than ten percent, below the AWWA goal. The City of Denton's
unaccounted-for water was also below the national average of twelve percent.
The City of Denton will continue to conduct annual water audits using the IWA/AWWA methodologies.
Unaccounted-for water for the City of Denton has varied from 1.5 percent to 3.5 percent in the last five
years. Previous audits led to the discovery and correction of a systematic source metering error at the Ray
Roberts Water Treatment Plant. Staff will continue to conduct comprehensive water audits annually and
take appropriate measure to minimize system water loss.
With the measures described in this plan, the City of Denton intends to maintain the unaccounted-for water
below 10 percent in any given year.
Water Conservation and Drought Contingency Plan City of Denton
3.6 Continuing Public Education and Information Campaign
The continuing public education and information campaign on water conservation for the City of Denton
includes the following elements:
• Promote the City's water conservation measures (presented in Sections 3, 4, and 5).
• Include inserts on water conservation with water bills at least twice per year. Inserts will include
material developed by City of Denton staff and material obtained from the TWDB, the TCEQ, and
other sources that pertain to water conservation, irrigation conservation, and protecting pipes from
freezing.
• Encourage local media coverage of water conservation issues and the importance of water
conservation.
• Make the Texas Smartscape CD, water conservation brochures, and other water conservation
materials available to the public at the City of Denton Utility Department, other City facilities, and at
special events.
• Provide a Xeriscape class once a year to promote conservation landscaping and conservation
irrigation practices.
• Make information pertaining to water conservation and irrigation conservation available online a
www.cityofdenton.com and include links to the Texas Smartscape website and to information
relating to water conservation on the TWDB and TCEQ web sites.
• Presentations are available to local organizations, schools, and civic groups on the importance of
water conservation and ways to save water.
3.7 Non-Promotional Water Rate Structure
With the intent of encouraging water conservation and discouraging waste and excessive use of water, the
City of Denton adopted an increasing block (inverted-block) rate in 1998. In an inverted-block structure the
unit price of water increases with increasing water use.
The City of Denton employs an inverted-block rate from May through October. The structure consists of
three blocks (Table 5-2). The first block provides enough water to cover a typical household's water usage,
which includes a moderate amount for irrigation. The second, third, and fourth blocks are designed to curb
discretionary and seasonal outdoor water use. The inverted-block structure only applies to residential
customers. DWU bills commercial customers on a flat rate, but has implemented seasonal pricing on
commercial irrigation meters to curb summer peak demand.
Water Conservation and Drought Contingency Plan City of Denton
TABLE 5-2
DWU Block Rate Structure
Less than 15,000 gals
$2.75 per thousand gallons
15,001- 30,000 gals
$4.00
30,000-50,000 gals
$5.00
More than 50,000 gals
$6.00
TABLE 5-3
DWU Seasonal Commercial Irrigation Rates
Winter Summer (May-October)
$3.05 per thousand gallons $3.70 per thousand gallons
3.8 Reservoir System Operation Plan
The City of Denton has the following rights to divert water from Lake Ray Roberts and Lake Lewisville:
• 9.76 MGD from Lake Ray Roberts
• 4.34 MGD from Lake Lewisville
The City of Denton is the minority water right holder in both reservoirs. The current agreement with the
City of Dallas (majority water right holder) delegates comprehensive coordination of reservoir
management to the City of Dallas.
3.9 Implementation and Enforcement of the Water Conservation Plan
Appendix D contains a copy of the resolution of the City of Denton City Council adopting this water
conservation and drought contingency plan. The resolution designates responsible officials to implement
and enforce the water conservation and drought contingency plan.
3.10 Coordination with Regional Water Planning Group
The City of Denton will provide a copy of this water conservation and drought contingency plan to the
Region C Water Planning Group, which is currently developing the Regional Water Plan. Appendix E
includes a copy of a letter sent to the Chair of the Region C Water Planning Group.
Water Conservation and Drought Contingency Plan City of Denton
4. ADDITIONAL REQUIRED WATER CONSERVATION PLAN CONTENT
The Texas Administrative Code also includes additional requirements for water conservation plans for
public drinking water suppliers that serve a population of 5,000 people or more and/or a projected
population of 5,000 people or more within the next ten years:
• §288.2(a)(2)(A) -Leak Detection, Repair, and Water Loss Accounting -Sections 3.5, 4.1, and 5.5
• §288.2(a)(2)(B) -Record Management System -Section 4.2
• §288.2(a)(2) (C) -Requirement for Water Conservation Plans by Wholesale Customers -Section 4.3
4.1 Leak Detection and Repair; Pressure Control
Measures to control unaccounted-for water are part of the routine operations of the City of Denton. Meter
readers, water and wastewater utility personnel, and the public report leaks in the system. Maintenance
crews are on-call 24-hours a day and respond quickly to repair reported leaks. DWU has recently invested
in leak detection and correlator equipment that will help in identifying more leaks and locating leaks more
accurately for repair.
The City of Denton also proactively decreases water loss through the waterline replacement program. The
City of Denton spends approximately $1.5 million per year to repair and replace water distribution lines
with two construction and maintenance crews. Areas of the water distribution system in which numerous
leaks and line breaks occur are targeted for replacement.
To reduce real water losses, the City of Denton will maintain a proactive water loss program. As part of this
program, the City will implement the following actions:
• Continue to implement the waterline replacement program;
• Conduct inspections of transmission lines; and
• Conduct regular inspections of all water main fittings and connections during periods of
maintenance and repair.
4.2 Record Management System
As required by TAC Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.2 (a) (2) (B), the record
management system for the City of Denton records water pumped, water delivered, and water sold.
However, the City of Denton's record management system does not allow for the separation of water sales
and uses into residential, commercial, public/institutional, and industrial categories as required.
Water Conservation and Drought Contingency Plan City of Denton
The current billing system separates sales and uses into residential, commercial, and wholesale user
classes. Staff is investigating available options to bring the record management system into compliance.
4.3 Requirement for Water Conservation Plans by Wholesale Customers
Each contract for the wholesale sale of water by the City of Denton will include a requirement that the
wholesale customer develop and implement a water conservation plan meeting the requirements of Title
30, Part 1, Chapter 288, Subchapter A, Rule 288.2 (a) (2) (c) of the Texas Administrative Code. If the
customer intends to resell the water, then the contract between the initial supplier and customer must
provide that the contract for the resale of the water must have water conservation requirements so that
each successive customer in the resale of the water will be required to implement water conservation
measures in accordance with applicable provisions of Chapter 288.
Water Conservation and Drought Contingency Plan City of Denton
S. OPTIONAL WATER CONSERVATION PLAN CONTENT
TCEQ rules also list optional (not required) conservation strategies, which may be adopted by suppliers to
achieve the stated goals of the plan. The following optional strategies are listed in the rules; some are not
included in this plan:
• §288.2(a)(3)(A) - Conservation Oriented Water Rates - Section 3.7
• §288.2 (a) (3)(B) - Ordinances, Plumbing Codes or Rules on Water-Conserving Fixtures - Section 5.1
• §288.2(a) (3) (C) - Programs for the Replacement or Retrofit of Water-Conserving Plumbing
Fixtures in Existing Structures - (Not included in plan)
• §288.2(a)(3) (D) - Reuse and Recycling of Wastewater - Section 5.2
• §288.2(a)(3) (E) - Pressure Control and/or Reduction - (Not included in plan)
• §288.2 (a) (3)(F) - Landscape Water Management Ordinance - Section 5.3
• §288.2(a) (3)(G) - Monitoring Method - Section 5.4
• §288.2(a)(3)(H) -Other Conservation Methods - Section 5.5 and 5.6
5.1 Ordinances, Plumbing Codes, or Rules on Water-Conserving Fixtures
The State of Texas has required 2.5 gpm faucets, 3.0 gpm showerheads, and 1.6 gpf toilets for new
construction since 1992. Similar standards are also required under federal law. Denton's Plumbing Code
complies with the State of Texas requirements.
In addition, the implementation of the federal rules requiring energy-conserving clothes washers in 2007
will improve the water-efficiency of residential clothes washers.
5.2 Reuse and Recycling of Wastewater
The City of Denton's current reuse program delivers approximately 0.5 MGD of reclaimed wastewater
effluent. The current distribution system has a maximum capacity of 4.0 MGD. The City of Denton is
estimating that reuse will increase to 2 MGD by 2014 and 3 MGD by 2019...
5.3 Landscape Management Ordinance
As part of the development of this water conservation plan, the City of Denton has implemented a lawn and
landscape irrigation and water waste ordinance. This ordinance is intended to minimize waste in landscape
irrigation and other uses. The ordinance was implemented in 2006, during a drought period when public
awareness of the drought was high. The ordinance includes the following elements:
Water Conservation and Drought Contingency Plan City of Denton
• Prohibition of outdoor watering, except by hand and for watering foundations, from 10:00 a.m. to
6:00 p.m. every day from June 1 through September 30.
• Requirement that all new irrigation systems include rain and freeze sensors.
• Prohibition of designs and installations that spray directly onto impervious surfaces such as
sidewalks and roads or onto other non-irrigated areas.
• Prohibition of use of poorly maintained sprinkler systems that waste water.
• Requirement that any outside faucet or service line leak be repaired
• Enforcement of the ordinance by a system of warnings followed by fines for continued or repeat
violations.
5.4 Monitoring Method
Until such time as there is an industry wide method for monitoring per-capita the City of Denton will use
the five-year rolling average suggested by the Texas Water Development Board.
5.5 Customer Water Audit
The City of Denton will continue to conduct water audits for single- and multi-family residential customers.
The four main purposes are to: educate customers about conservative water use habits and replacement of
inefficient toilets, clothes washers, and dishwashers; educate customers about water-efficient showerheads
and faucet aerators; identify leaks; and optimize irrigation water usage. The City's auditor will review the
water use habits of the customer, inspect the system for leaks and excessive use, and recommend any
equipment repairs or changes to increase the efficiency of both the domestic and irrigation water systems.
Although overall water savings from residential water audits are minimal, residential water audits are
crucial to maintaining good customer relations particularly related to high billing complaints.
In addition, DWU will continue to explore ways to enhance the usefulness of customer water audits in
saving water, while expanding audit services to commercial customers.
5.6 Park and Athletic Field Conservation
The City of Denton will explore the possibility of additional savings by the proper management of park and
athletic field irrigation, landscape, and turf practices. The Texas Water Development Board Water
Conservation Best Management Practices Guide includes guidelines for water conservation in parks and
athletic fields.3 DWU will work with other city departments to determine the potential for water and cost
savings by proper management practices and implement them when practical.
Water Conservation and Drought Contingency Plan City of Denton
6. DROUGHT CONTINGENCY PLAN
6.1 Introduction
The purpose of this drought contingency plan is as follows:
• To conserve the available water supply in times of drought and emergency
• To maintain supplies for domestic water use, sanitation, and fire protection
• To protect and preserve public health, welfare, and safety
• To minimize the adverse impacts of water supply shortages
• To minimize the adverse impacts of emergency water supply conditions.
6.2 State Requirements for Drought Contingency Plans
This drought contingency plan is consistent with Texas Commission on Environmental Quality (TCEQ)
guidelines and requirements for the development of drought contingency plans by public drinking water
suppliers, contained in Title 30, Part 1, Chapter 288, Subchapter B, Rule 288.20 of the Texas Administrative
Code. This rule is included in Appendix B.
TCEQ's minimum requirements for drought contingency plans are addressed in the following subsections
of this report:
• 288.20(a)(1) (A) - Provisions to Inform the Public and Provide Opportunity for Public Input -
Section 6.3
• 288.20 (a) (1)(B) - Provisions for Continuing Public Education and Information - Section 6.4
• 288.20(a)(1)(C) - Coordination with the Regional Water Planning Group - Section 6.9
• 288.20(a) (1) (D) - Criteria for Initiation and Termination of Drought Stages - Section 6.5
• 288.20(a)(1)(E) - Drought and Emergency Response Stages - Section 6.6
• 288.20(a)(1)(F) - Specific, Quantified Targets for Water Use Reductions - Section 6.6
• 288.20(a)(1)(G) - Water Supply and Demand Management Measures for Each Stage - Section 6.6
• 288.20(a)(1)(H) - Procedures for Initiation and Termination of Drought Stages - Section 6.6
• 288.20(a)(1)(I) - Procedures for Granting Variances - Section 6.8
• 288.20(a) (1) (J) - Procedures for Enforcement of Mandatory Restrictions - Section 6.7
• 288.20(a)(3) - Consultation with Wholesale Supplier - Not applicable
0 288.20(b) - Notification of Implementation of Mandatory Measures - Section 6.6
Water Conservation and Drought Contingency Plan City of Denton
288.20(c) - Review and Update of Plan - Section 6.10TCEQ places additional requirements on wholesale
water suppliers in Title 30, Part 1, Chapter 288, Subchapter B, Rule 288.22 of the Texas Administrative
Code. This Rule is included in Appendix B.
TCEQ's minimum requirements for drought contingency plans are addressed in the following subsections
of this report:
• 288.22(a)(1) - Provisions to Inform Wholesale - Section 6.3
• 288.22(a)(7) - Water Supply and Demand Management Measures Conform to Texas Water Code
11.039 - Section 6.6
• 288.22(a)(8) - Wholesale Contract Supply Provisions Conform to Texas Water Code 11.039 -
Section 6.6
6.3 Provisions to Inform the Public and Opportunity for Public Input
The City of Denton provided opportunity for public input in the development of this drought contingency
plan in April of 2008 by the following means:
• Provided written notice of the proposed plan and the opportunity to comment on the plan by
newspaper, posted notice, and notice on City of Denton's web site, www.cityofdenton.com
• A public meeting was held at City of Denton Service Center at xxx AM on April xxx, 2009.
• The public may comment on updates to the plan.
• The plan will be available at the City of Denton's web site www.cityofdenton.com
• The plan will be provided to anyone requesting a copy.
• The plan will be provided to Upper Trinity Regional Water District in its capacity as a wholesale
customer.
The City of Denton shares water rights with the City of Dallas. Denton is the minority water right holder in
both water supply reservoirs. Also, Denton is a wholesale customer of the City of Dallas. Due to these
factors, it is by design that Denton's Drought Contingency Plan closely resembles Dallas' plan. Revisions in
this plan are reflective of 2005 changes in the Dallas plan. The need to coordinate Denton's Plan with the
Dallas plan is appropriate due to the following reasons:
• The water supply reservoirs (Lake Ray Roberts and Lake Lewisville) are shared by the two cities
and Denton is the minority water rights holder in both reservoirs, Denton is an untreated water
Water Conservation and Drought Contingency Plan City of Denton
supply customer of Dallas and will be affected by restrictions that may be initiated by the Dallas
plan.
• Consistent communication to customers in a television and media market common to many
different water utility entities will provide for a more effective implementation of Drought
Contingency Plans.
6.4 Provisions for Continuing Public Education and Information
The City of Denton will inform and educate the public about its drought contingency plan by the following
means:
• Making the plan available to the public through the City of Denton web site at
www.cityofdenton.com.
• Including information about the drought contingency plan on the City of Denton's web site,
www.cityofdenton.com.
• Upon request, make presentations to local organizations, schools, and civic groups on the drought
contingency plan (usually in conjunction with presentations on water conservation programs).
• Open public meetings with the Public Utilities Board, Environment Committee, and City Council.
Any time the drought contingency plan is activated or the drought stage changes, the City of Denton will
notify local media of the issues, the drought response stage, and the specific actions required of the public.
The information will also be publicized on the City of Denton web site, www.cityofdenton.com. Billing
inserts will be used as appropriate.
6.5 Initiation and Termination of Drought Response Stages
6.5.1 Initiation of Drought Response Stages
The Director of Water Utilities or designee may order the implementation of a drought response stage or
water emergency when one or more of the trigger conditions for that stage is met. The following actions
will be taken when a drought stage is initiated:
• The public will be notified through local media.
• Wholesale customers will be notified by telephone with a follow-up letter or fax.
• If any mandatory provisions of the drought contingency plan are activated, the City of Denton will
notify the Executive Director of the TCEQ within 5 business days.
Water Conservation and Drought Contingency Plan City of Denton
The Director of Water Utilities or designee may decide not to order the implementation of a drought
response stage or water emergency even though one or more of the trigger criteria for the stage are met.
Factors that could influence such a decision include, but are not limited to, the time of the year, weather
conditions, the anticipation of replenished water supplies, or the anticipation that additional facilities will
become available to meet needs.
Trigger Condition Types: The three types of water management conditions are discussed below:
For a Type A situation, preservation of the total water supply will be critical and corresponding water
management measures should stress overall reductions in water use. This condition is results from
extended drought. The best opportunity to respond to a drought is early in the drought cycle. Drought
Contingency measures should stress overall reductions in water demand (i.e., average-day water demand).
For a Type B situation, in which the water demand approaches the delivery capacity of the system, the
peak water demand will be critical, and corresponding drought contingency measures should stress
water-use reductions or shifts to off-peak hours. In this situation, the ultimate goal of Stages 1, 2, and 3 will
be to avoid triggering the next stage. A Stage 4 trigger requires immediate and severe water demand
reductions. Equipment or system failures that result from increased stresses to the transmission,
treatment, or distribution systems can worsen a Type B situation. This condition is a result of an increase in
demand. In the short term, this typically occurs during the summer months when irrigation requires more
water. In the long term, it could occur if treatment plant or distribution system expansions do not keep
pace with the growth in consumer demand. Drought contingency measures should stress reductions in
peak water demand or redistribution of the demand to off-peak hours.
For a Type Csituation where deficiencies limit the supply capacity, both water-use reductions and shifts to
off-peak hours may be necessary. Although the area involved may be localized, immediate action requiring
water demand reduction is necessary. Depending upon the severity of the triggering conditions, it is
feasible that the plan could proceed immediately to implementation of stage 3 or stage 4. This condition is a
result of a break in a large transmission main, mechanical failure to one or more large pumps, or
production plant breakdown. Contamination of water supplies or other unforeseen occurrences may also
instigate this condition. They may arise with little warning and require immediate and/or aggressive
actions.
Water Conservation and Drought Contingency Plan City of Denton
Drought contingency measures should stress reductions in peak water demand and/or redistribution of
the demand to off-peak hours.
6.5.2 Termination of Drought Response Stages
The Director of Water Utilities or designee may order the termination of a drought response stage or water
emergency when the conditions for termination are met or at his/her discretion. The following actions will
be taken when a drought stage is terminated:
• The public will be notified through local media.
0 Wholesale customers will be notified by telephone with a follow-up letter or fax.
• When any mandatory provisions of the drought contingency plan that have been activated are
terminated, the City of Denton will notify the Executive Director of the TCEQ within 5 business
days.
The Director of Water Utilities or designee may decide not to order the termination of a drought response
stage or water emergency even though the conditions for termination of the stage are met. Factors that
could influence such a decision include, but are not limited to, the time of the year, weather conditions, or
the anticipation of conditions that warrant the continuation of the drought stage.
6.6 Drought and Emergency Response Stages
6.6.1 Stage 1, Mild
6.6.1.1 TRIGGERING AND TERMINATION CONDITIONS FOR STAGE 1, MILD
6.6.1.1.1 Type A Water Management Condition
Total raw water supply in Denton and Dallas connected lakes drops below 65% of the total conservation
storage
6.6.1.1.2 Type B Water Management Condition
Water demand reaches or exceeds 85% of delivery capacity for 4consecutive days
6.6.1.1.3 Type C Water Management Condition
Water demand approaches a reduced delivery capacity for all or part of the system, as determined by DWU
Requirements for Termination:
Stage 1 may be terminated when Stage 1 conditions no longer exist and would be unlikely to recur upon
termination.
Water Conservation and Drought Contingency Plan City of Denton
6.6.1.2 GOAL FOR USE REDUCTIONSAND ACTIONSAVAILABLE UNDER STAGE 1, MILD
The goal for water use reduction under Stage 1, Mild, is a 5 percent reduction of the use that would have
occurred in the absence of drought contingency measures. The purpose of actions under Stage 1 is to raise
public awareness of potential drought problems. The Director of Water Utilities or designee can order the
implementation of any of the actions listed below, as deemed necessary:
Voluntary Water Use Restrictions for Reducing Demand:
Following is a menu of possible actions. The Director of Water Utilities will determine specific actions taken
during any drought situation. The Director may also take other actions not listed, if deemed necessary.
All Water Users
(a) Encourage reduction in frequency of watering new and first year landscaping and foundations.
(b) Encourage only initial filling of ornamental fountains.
(c) Encourage reduction in frequency of washing or rinsing of vehicles and recommend use of
bucket/container, hand-held hose with positive shut-off valve or commercial car wash.
(d) Encourage reduction in frequency in draining and refilling of swimming pools.
(e) Encourage reduction in frequency of recreational water use including use of faucets, hoses or
hydrants.
City Government
(a) Initiate public education campaign teaching and encouraging reduced water use practices.
(b) Intensify normal leak detection and repair activities on water pipes and mains.
(c) Encourage reduction of water use in city-owned ornamental fountains.
(d) Encourage reduction in landscape uses for parks and golf courses.
(e) Staff will begin review of the problems initiating Stage 1 actions and will identify possible solutions
to address the water shortage.
(f) Only flush newly constructed mains and mains that are essential for water quality maintenance.
Commercial Customers
(a) Identify and encourage voluntary reduction measures by high-volume water users.
(b) Encourage reduction in landscape uses for parks and golf courses.
(c) Encourage reduction in water use for landscape nursery stock.
Interruptible Customers
(a) Reduce usage for interruptible customers per contract terms.
Water Conservation and Drought Contingency Plan City of Denton
Wholesale Customer Cities
(a) Encourage implementation of like procedures by wholesale customers.
NOTIFICATIONS
City of Denton
0 Notify major City departments, by telephone and follow-up memo, of Water Awareness Stage #1
and request voluntary water use reduction.
• Stress voluntary elimination of non-essential uses.
External Customers
• Issue press release, radio and video public service announcement to area media describing Water
Awareness Stage #1 and the voluntary restrictions that apply.
• Distribute water conservation materials to Denton Independent School District, UNT, TWU and
community groups if appropriate
• Post Water Awareness notices at public buildings including city buildings, county buildings and the
federal post office.
• Encourage reduction of water use through the publication of the voluntary landscape watering
schedule and request watering only during off-peak hours.
Wholesale Customers
• Advise wholesale customers by telephone and follow-up memo, of Water Awareness Stage #1 and
request voluntary water use reduction consistent with actions taken by the City of Denton.
PENALTIES
No penalties enforced at this time.
6.6.2 Stage 2, Moderate
6.6.2.1 TRIGGERING CONDITIONS FOR STAGE 2, MODERATE
6.6.2.1.1 TypeA Water Management Condition
Total raw water supply in Denton and Dallas connected lakes drops below 55% of the total conservation
storage
6.6.2.1.2 Type B Water Management Condition
Water demand reaches or exceeds 90% of delivery capacity for 3 consecutive days
Water Conservation and Drought Contingency Plan City of Denton
6.6.2.1.3 Type C Water Management Condition
Water demand equals a reduced delivery capacity for all or part of the system, as determined by DWU
Requirements for Termination:
Stage 2 may be terminated when Stage 2 conditions no longer exist and would be unlikely to recur upon
termination.
6.6.2.2 GOAL FOR USE RED UCTIONAND ACTIONS AVAILABLE UNDER STAGE 2, MODERATE
The goal for water use reduction under Stage 2, Moderate, is a 10 percent reduction of the use that would
have occurred in the absence of drought contingency measures. The Director of Water Utilities or his/her
designee can order the implementation of any of the actions listed below, as deemed necessary:
Water Use Restrictions for Demand Reduction:
Following is a menu of possible actions. The Director of DWU will determine specific actions taken during
any drought situation. The Director may also take other actions not listed, if deemed necessary.
All Water Users
(a) Request that recreational water use including use of faucets, hoses or hydrants, which use water in
such a manner as to allow run-off or other wastes be limited to the day of week watering schedule.
(b) Request that washing of any motor vehicle, bike, trailer, boat or airplane be limited to the day of
week watering schedule.
(c) Request that all landscape watering be limited to the day of week schedule between the hours of
6:00 PM to 10:OOAM. Irrigation of landscaped areas with hose-end sprinklers or automatic
irrigation systems should be limited to Sundays and Thursdays for customers with a street address
ending in an even number (0, 2, 4, 6 or 8) and for locations without addresses, and Saturdays and
Wednesdays for water customers with a street address ending in an odd number (1, 3, 5, 7 or 9).
Apartments, office building complexes or other property containing multiple addresses may be
identified by the lowest address number. Irrigation of landscaped areas is permitted at anytime if it
is by means of a hand-held hose, a faucet filled bucket or drip irrigation system.
(d) Request that irrigation of golf course greens, tees, and fairways be limited to the day of week
schedule.
(e) Request that use of water to fill, refill, or add to any indoor or outdoor swimming, wading, or jacuzzi
pools be limited to the day of week schedule.
Water Conservation and Drought Contingency Plan City of Denton
City Government
(a) Staff will begin review of the problems initiating Stage 2 actions and will identify possible solutions
to address the water shortage.
(b) Accelerate public education campaign teaching and encouraging reduced water use practices.
(c) Restrict flushing of new mains not immediately required to provide service.
(d) Continue intensified leak detection and repair activities on water pipes and mains.
(e) Prohibit operation of ornamental fountains by city government except where necessary to support
aquatic life or where such fountains or ponds are equipped with a recirculation system.
(f) City government restricted to day of week watering schedule except for parks and golf courses.
(g) Encourage day of week watering schedule for parks and golf courses.
(h) Increase enforcement efforts.
(i) Washing of any city vehicle, bike, or trailer, limited to the day of week watering schedule. Prohibit
excessive water run-off from any landscaped area onto streets, alleys, or parking lots. Run-off is
excessive when it goes ten (10) feet beyond the property line.
0) Use of water from fire hydrants limited to fire fighting, essential distribution system
(k) Restrict the flushing of fire hydrants, blow offs and service connections for new main construction
by special permit only.
(1) Prohibit hosing off paved areas, buildings, windows or other surfaces.
Commercial Customers
(a) Identify and encourage voluntary reduction measures by high-volume water users.
(b) Encourage further reduction in landscape uses for parks and golf courses.
(c) Encourage further reduction in landscape uses for nursery stock.
Interruptible Customers
(a) Reduce usage for interruptible customers per contract terms.
Wholesale Customers
(a) Require water demand reductions in accordance with contract obligations for wholesale customers.
(b) Wholesale water systems asked to abide by City of Denton policy for both internal operations and
all retail customers. Reduction in rate of flow controller settings by 10% -20% are optional.
Water Conservation and Drought Contingency Plan City of Denton
NOTIFICATIONS
City of Denton
• By telephone and attached follow-up memo, notify all major City department water users of Water
Watch Stage #2 and the water use restrictions under this stage. Instruct them to implement
restrictions on non-essential uses. Use city department contacts in Appendix F.
• Coordinate distribution of water emergency plan details, posters, and handouts to customer
service representatives, utility dispatch personnel and Denton public access buildings.
Retail Customers
• TCEQ notified of Stage 2 restrictions.
• Issue press release, radio and video public service announcement to area media describing Water
Watch Stage #2 and the water use restrictions under this stage. Keep media updated on the water
situation. Use media contacts listed in Appendix F.
• By telephone and follow-up letter, notify major area water users of Water Watch Stage #2 and the
restrictions that apply. Use plant manager contacts listed in Appendix F
• Accelerate public education campaign to promote and encourage efficient water use.
• If applicable, notify the U.S. Corp of Engineers by telephone and follow-up letter of the Water Watch
Stage #2 conservation measures.
Wholesale Customers
Advise wholesale customers by telephone and attached letter of the actions taken by the City of Denton in
response to Water Watch Stage #2 and require the implementation of like procedures among their
customers. Wholesale customer cities shall either impose water use restrictions equivalent to those
imposed on Denton's retail customers OR where applicable, Denton may reduce rate-of-flow controller
settings by 10% -20%. Use wholesale customer contacts in Appendix F.
PENALTIES
No penalties enforced at this time.
Water Conservation and Drought Contingency Plan City of Denton
6.6.3 Stage 3, Severe
6.6.3.1 TRIGGERING CONDITIONS FOR STAGE 3, SEVERE
6.6.3.1.1 Type A Water Management Condition
Total raw water supply in Denton and Dallas connected lakes drops below 45% of the total conservation
storage
6.6.3.1.2 Type B Water Management Condition
Water demand reaches or exceeds 95% of delivery capacity for 3 consecutive days
6.6.3.1.3 Type C Water Management Condition
• Water demand exceeds a reduced delivery capacity for all or part of the system, as determined by
DWU
• A major water line breaks, or a pump or system failure occurs, which cause unprecedented loss of
capability to provide treated water service
• Natural or man-made contamination of the water supply
Requirements for Termination:
Stage 3 may be terminated when Stage 3 conditions no longer exist and would be unlikely to recur upon
termination.
6.6.3.2 GOAL FOR USE RED UCTION AND ACTIONS AVAILABLE UNDER STAGE 3, SEVERE
The goal for water use reduction under Stage 3, Severe, is a reduction of 15 percent of the use that would
have occurred in the absence of drought contingency measures. If the circumstances warrant, the Director
of Water Utilities or designee can set a goal for greater water use reduction. The Director of Water Utilities
or his/her designee can order the implementation of any of the actions listed below, as deemed necessary.
All Water Users
(a) Irrigation of landscaped areas shall be limited to the day of week watering schedule between the
hours of 6:00 PM and 10:00 AM. Irrigation of landscaped areas with hose-end sprinklers or
automatic irrigation systems shall be limited to Sundays and Thursdays for customers with a street
address ending in an even number (0, 2, 4, 6 or 8) and for locations without addresses, and
Saturdays and Wednesdays for water customers with a street address ending in an odd number (1,
3, 5, 7 or 9), and irrigation of landscaped areas is further limited to the hours of 12:00 midnight
until 10:00 a.m. and between 8:00 p.m. and 12:00 midnight on designated watering days.
Apartments, office building complexes or other property containing multiple addresses may be
Water Conservation and Drought Contingency Plan City of Denton
identified by the lowest address number. Irrigation of landscaped areas is permitted at anytime if it
is by means of a hand-held hose, a faucet filled bucket or drip irrigation system.
(b) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane 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 PM to 10:00 AM.
(c) The filling, refilling, or adding of water to swimming pools, wading pools, and Jacuzzi type pools is
restricted to the day of week watering schedule.
(d) Foundations may be watered for a two-hour period during off-peak hours with soaker or hand-held
hose equipped with a positive shutoff nozzle on the watering schedule.
(e) 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
(f) 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 or a higher-numbered stage shall be in effect.
(g) Permitting of new swimming pools, hot tubs, spas, ornamental ponds and fountain construction is
prohibited.
(h) Prohibit excessive water run-off from any landscaped area onto streets, alleys, or parking lots
through code enforcement warnings. Run-off is excessive when it extends beyond ten (10) feet of
the property line.
City Government
(a) Wet street sweeping and city vehicle washing or rinsing is prohibited.
(b) Municipal landscape watering prohibited except golf courses (see below).
(c) Watering of golf course greens and tee boxes restricted to off-peak hours; watering of other golf
course areas and parks is prohibited.
(d) Department staff implement a self audit and limit computerized water usage of city owned golf
course greens, tees, fairways, sports facilities and recreation areas by 20% to 30% between the
hours of 6pm to 10am on the posted five-day watering schedule. Watering with a hand-held hose or
bucket can be done anytime.
Water Conservation and Drought Contingency Plan City of Denton
(e) Discontinue use of water for new water line construction purposes from fire hydrants, blow offs
and service connections.
Commercial Customers
(a) Restrict watering of golf course greens and tee boxes restricted to off-peak hours; watering of other
golf course areas and parks is prohibited unless the golf course utilizes a water source other than
that provided by the City of Denton.
(b) Watering of nursery plant stock restricted to designated off-peak hours and the day of week
watering schedule.
Interruptible Customers
(a) Service to interruptible customers is temporarily suspended.
Wholesale Customers
(a) Same external restrictions apply to wholesale suppliers.
NOTIFICATIONS
City of Denton
• Coordinate dissemination of water conservation plan details, posters, and handouts to customer
service representatives, utility dispatch personnel and public access buildings.
• By telephone and attached follow-up memo, notify all major City department users of Water Warning
Stage #3 and of the water use restrictions under this stage. Instruct them to eliminate non-essential
uses including street and vehicle washing and operation of ornamental fountains, and to implement
restrictions on essential uses. Use same contacts as those listed in Appendix F.
Retail Customers
• TCEQ notified of Stage 3 restrictions.
• Issue press release, radio and video public service announcement to area media describing Water
Warning Stage #3 and the water use restrictions under this stage. Keep media updated on the water
situation. Use same media contacts as those in Appendix F.
• By telephone and follow-up letter, notify major water users of Water Warning #3 and the mandatory
water use reduction. Use contacts listed in Appendix F.
• Post Water Warning notices at public buildings including city buildings, county buildings, and the
federal post office.
Water Conservation and Drought Contingency Plan City of Denton
• If applicable, notify U.S. Corps of Engineers by telephone and attached letter of the Water Warning
Stage #3 conservation measures.
Wholesale Customers
• Advise wholesale customers by telephone and attached letter of the actions taken by the City of
Denton in response to Water Warning Stage #3 and require the implementation of like procedures
among their customers. Wholesale customer cities shall either impose water use restrictions
equivalent to those imposed on Denton's retail customers OR where applicable, may reduce
rate-of-flow controller settings by 20% -30%. Use wholesale customer contacts listed in Appendix F.
PENALTIES
• Initiate a 20% rate increase for residential customers for water usage greater than 30,000 gallons
per account per 30 days.
• Impose a 20% surcharge penalty for commercial and industrial customers for monthly water use
above 80% of prior billing volumes for a 30-day period.
• Initiate code enforcement fines for any violation of the Drought Contingency Plan.
6.6.4 Stage 4, Emergency
6.6.4.1 TRIGGERING CONDITIONS FOR STAGE 4, EMERGENCY
6.6.4.1.1 Type A Water Management Condition
Total raw water supply in Denton and Dallas connected lakes drops below 30% of the total conservation
storage
6.6.4.1.2 Type B Water Management Condition
Water demand reaches or exceeds 98% of delivery capacity for 2 consecutive days
6.6.4.1.3 Type C Water Management Condition
Water demand seriously exceeds a reduced delivery capacity for all or part of the system, as determined by
DWU
6.6.4.1 GOAL FOR USE REDUCTIONAND ACTIONS AVAILABLE UNDER STAGE 4, EMERGENCY
The goal for water use reduction under Stage 4, Extreme, is a reduction of 25 percent of the use that would
have occurred in the absence of drought contingency measures.
Water Conservation and Drought Contingency Plan City of Denton
Requirements for Termination:
Stage 4 may be terminated when Stage 4 conditions no longer exist and would be unlikely to recur upon
termination.
All Users
(a) Irrigation of landscaped areas is absolutely prohibited.
(b) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is
absolutely prohibited.
(c) Prohibit use of water from fire hydrants to fire fighting, essential distribution system maintenance
and related activities.
(d) Nurseries shall water plant stock only between the hours of 6 PM and 10 AM and must also adhere
to the day of week watering schedule.
(e) Residents shall limit foundation watering to a two-hour period on the day of week watering
schedule between 6 PM to 10 AM with soaker or hand-held hose only.
(f) Service to interruptible customers is temporarily suspended
(g) Request a 25% reduction of indoor water uses.
(h) Prohibit permitting of new swimming pools, hot tubs, spas, ornamental ponds, and fountain
construction.
NOTIFICATIONS
City of Denton
• By telephone and attached follow-up memo, notify all major City department water users of Water
Emergency Stage #4 and of the water use restrictions under this stage. Instruct them to eliminate
non-essential uses and to implement restrictions on essential uses. Use department contacts listed in
Appendix F.
• Coordinate dissemination of water conservation details, posters, and handouts to customer service
representatives, utility dispatch personnel and Denton public access buildings.
Retail Customers
• TCEQ notified of Stage 4 restrictions.
• Issue press release, radio and video public service announcement to area media describing Water
emergency Stage #4 and the water use restrictions under this stage. Keep media updated on the
water situation. Use same media contacts as those in Appendix F.
Water Conservation and Drought Contingency Plan City of Denton
Post Water Emergency notices at public buildings, including city buildings, county buildings, and the
federal post office.
• By telephone and follow-up letter, notify major area water users of Water Emergency Stage #4 and
mandatory cessation of all outside watering. Use plant manager contacts listed in Appendix F.
• If applicable, notify U.S. Corps of Engineers by telephone and attached letter of the Water Emergency
Stage #4 conservation measures.
Wholesale Customers
• Advise wholesale customers by telephone and attached letter of actions being taken by the City in
response to Water Emergency Stage #4 and mandatory implementation of similar procedures among
their customers. Wholesale customer cities shall impose water use restrictions equivalent to those
imposed on Denton's retail customers or, where applicable, reduce their rate-of-flow controller
settings by a percentage determined by the Director of Water Utilities. Appendix F lists wholesale
customers that need to be contacted.
PENALTIES
Impose a 20% rate increase for residential customers for water usage greater than 15,000 gallons
per account per 30 days).
• Impose a 20% surcharge penalty for commercial and industrial customers for monthly water use
above 70% of prior billing volumes for a 30-day period.
-Initiate code enforcement fines for any violation of the Drought Contingency Plan.
WATER ALLOCATION
Retail Customers;
During Stages 3 and 4 of the Drought Contingency Plan, the City may impose a retail water rate increase to
discourage water use. Rates for residential customer usage more than 30,000 gallons per 30 days per
account in Stage 3 or above 15,000 gallons per 30 days per account in Stage 4 may be increased by as much
as twenty percent (20%). A similar twenty percent (20%) rate increase for commercial and industrial
customers may be imposed for use exceeding 80% (Stage 3) and 70% (Stage 4) of prior billing volumes per
30-day period.
Wholesale Customers
In the event that the triggering criteria specified in Section 6 of the Plan for Stage 4 have been met, the
Director is hereby authorized to initiate allocation of water supplies on a pro rata basis in accordance with
Water Conservation and Drought Contingency Plan City of Denton
the latest revision of Texas Water Code Section 11.039. Texas Water Code Section 1.039, Distribution of
Water During Shortage, states:
(a) If a shortage of water in a water supply not covered by a water conservation plan prepared in
compliance with Texas Natural Resource Conservation Commission or Texas Water Development
Board rules results from drought, accident, or other cause, the water to be distributed shall be
divided among all customers pro rata, according to the amount each may be entitled to, so that
preference is given to no one and everyone suffers alike.
(b) If a shortage of water in a water supply covered by a water conservation plan prepared in
compliance with Texas Natural resource Conservation Commission or Texas Water Development
Board rules results from drought, accident, or other cause, the person, association of person, or
corporation owning or controlling the water shall divide the water to be distributed among all
customers pro rata, according to:
1. the amount of water to which each customer maybe entitled; or
2. the amount of water to which each customer maybe entitled, less the amount of water the
customer would have saved if the customer had operated its water system in compliance
with water conservation plan.
(c) Nothing in Subsection (a) or (b) precludes the person, association of persons or corporation owning
or controlling the water from supplying water to a person who has a prior vested right to the water
under the laws of this state.
DWU may curtail water deliveries or reduce diversions in accordance with the terms and conditions of its
wholesale water supply contracts. If necessary, or if specific contract provisions are not provided for, DWU
may curtail water deliveries or reduce diversions in accordance with Texas Water Code Section 11.039.
DWU will have authority to restrict flow to its wholesale water customers through the rate-of-flow
controllers.
The Director will establish pro rata water allocations, determined as a percentage reduction of the
wholesale customer's water usage, at the time of implementation. The total volume reduction for each
wholesale customer will be calculated monthly, based on average water usage for the previous three years.
The Director will establish the percentage reduction based on an assessment of the severity of the water
shortage condition and the need to curtail water diversions and/or deliveries, and the percentage
reduction may be adjusted periodically by the Director. Once pro rata allocation is in effect, water
Water Conservation and Drought Contingency Plan City of Denton
diversions by, or deliveries to, each wholesale customer will be limited to the allocation established for
each month.
6.7 Procedures for Enforcement of Mandatory Restrictions
Violations
A person commits an offense if he or she knowingly makes, causes, or permits a use of water contrary to
the measures implemented in the Drought Contingency Plan. It is presumed that a person has knowingly
made, caused, or permitted use of water contrary to the measures implemented if the mandatory measures
have been implemented according to the Plan and any one of the following conditions apply:
• The Drought Contingency Plan prohibits the manner of use.
• The amount of water used exceeds that allowed by the Drought Contingency Plan
• The manner of use or the amount used violates the terms and conditions of a compliance agreement
made following a variance granted by the ACM/Utilities.
Any person 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 their minor children and proof that a violation, committed by a child, occurred on the
property within control of the parents 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.
Any Code Enforcement Officer, Police Officer, or other city employee designated by the Assistant City
Manager/Utilities, may issue a citation to a person he/she reasonably believes to be in violation of this
Ordinance. 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 municipal court on the
date shown on the citation.
First Violation
Customers receive a written warning that they have violated restrictions.
Water Conservation and Drought Contingency Plan City of Denton
Subsequent Violations
Any person who violates this Plan is guilty of a misdemeanor and, upon conviction, shall be punished by a
fine of not more than $2,000. Each day that one or more provisions in this Plan is violated shall constitute a
separate offense. Flow restrictors may be placed in lines after two violations have occurred to limit the
amount of water passing through the meter in a 24-hour period. The City of Denton Utilities reserves the
right to temporarily cancel water service to the customer until the situation can be resolved.
6.8 Procedures for Granting Variances
Granting a Variance
The ACM/Utilities may grant variances from the Drought Contingency Plan in special cases to persons
demonstrating extreme hardship and need. In order to obtain a variance, the applicant must sign a
compliance agreement on forms provided by the ACM/Utilities and approved by the City Attorney. The
applicant must agree to use the water only in the amount and manner permitted by the variance. A
variance must meet the following conditions:
• Granting of a variance must not cause an immediate significant reduction in the City's water supply.
• The applicant must demonstrate that the extreme hardship or need is related to the health, safety, or
welfare of the person requesting it.
• The variance will not adversely affect the health, safety, or welfare of other persons.
• No variance is retroactive nor can it justify any violation of this Drought Contingency Plan before its
issuance.
Revoking a Variance
The ACM/Utilities may revoke a variance granted when the Director of Water Utilities determines any one
of the following:
• Conditions causing initial issuance of the variance are no longer applicable.
• Violation of the terms of the compliance agreement.
• The health, safety, or welfare of other persons requires revocation.
Wholesale Customer Variances
The ACM/Utilities may grant variances from the Drought Contingency Plan to wholesale water customers
in special cases. Wholesale water customers may request reduced variance allocations for the following
conditions:
Water Conservation and Drought Contingency Plan City of Denton
• The designated period does not accurately reflect a wholesale customer's normal water usage.
• The customer agrees to transfer part of its allocation to another wholesale customer.
• Other objective evidence demonstrates that the designated allocation is inaccurate under present
conditions.
In order to grant a variance, the applicant must sign a compliance agreement on forms provided by the
ACM/Utilities and approved by the City Attorney. No variance shall be retroactive or otherwise justify any
violation of this Drought Contingency Plan occurring before the issuance of the variance.
6.9 Coordination with the Regional Water Planning Group
The City of Denton is located within the Region C water planning area. Appendix E includes a copy of a
letter sent to the Chair of the Region C Water Planning Group (RCWPG) along with the water conservation
and drought contingency plan.
6.10 Review and Update of Drought Contingency Plan
As required by TCEQ rules, the City of Denton will review this drought contingency plan every five years,
beginning in 2009. The plan will be updated as appropriate based on new or updated information. As the
plan is reviewed and subsequently updated, a copy of the revised Drought Contingency Plan will be
submitted to the TCEQ and the RCWPG for their records.
7.0 Severability
The City of Denton Public Utility Board agrees that sections, paragraphs, sentences, clauses, and phrases of
this Drought Contingency Plan are severable. If any phrase, clause, sentence, paragraph, or section of this
Drought Contingency Plan is declared unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs, and sections of this Drought Contingency Plan, since the same would not have been
enacted by the City of Denton Public Utility Board without the incorporation into this Drought Contingency
Plan of any such unconstitutional phrase clause, sentence paragraph, or section.
Water Conservation and Drought Contingency Plan City of Denton
APPENDIX A
List of References
1. Texas Commission on Environmental Quality: "Water Conservation Plans for Municipal Uses by Public
Water Suppliers," Texas Administrative Code Title 30 Part I Subchapter A §288.2, effective October 7, 2004
2. Texas Commission on Environmental Quality: "Utility Profile & Water Conservation Plan Requirements
for Municipal Water Use by Public Water Suppliers," TCEQ publication 10218 Rev 11-04 and "Utility Profile
& Water Conservation Plan Requirements for Wholesale Public Water Suppliers," TCEQ publication 20162
Rev 11-04
3. Texas Water Development Board: "Water Conservation Best Management Practices Guide," Report 362,
Water Conservation Implementation Task Force, published November 2004