24-640ORDINANCE NO. 24-640
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE
CORPORATION (“CITY”), AMENDING THE CITY’S WATER CONSERVATION
AND DROUGHT CONTINGENCY PLAN PREVIOUSLY ADOPTED BY THE CITY
COUNCIL IN ORDINANCE NO. 19-863 ENACTED ON APRIL 16, 20r§;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council recognizes persistent drought and near-drought conditions can
occur in this geographic area and that water supply in area lakes and reservoirs can become
severely depleted; and
WHEREAS, the City Council recognizes the importance of water conservation and its vital role
in preserving the City’s water supply; and
WHEREAS, sections 1 1.1271 and 1 1.1272 of the Texas Water Code and applicable rules of the
Texas Commission on Environmental Quality require the City to adopt a Water Conservation
Plan and a Drought Contingency Plan; and
WHEREAS, the City must include specific, quantified five-year and ten-year targets for water
savings in its Water Conservation Plan and specific quantified targets in its Drought
Contingency Plan for water use reductions during periods of water shortages and drought; and
WHEREAS, on April 19, 2005, the City Council adopted Ordinance No. 2005-121 providing
for a Water Conservation and Drought Contingency Plan; and
WHEREAS, on May 2, 2006, the City Council adopted the ordinance providing for an
Amended Water Conservation and Drought Contingency Plan for the City, by enacting
Ordinance No. 2006-127, by adding Appendix “G” to said plan, which was the "Lawn and
Landscape Irrigation and Water Waste Ordinance"; and
WHEREAS, on June 2, 2009, the City Council adopted the ordinance providing for the further
Amended Water Conservation and Drought Contingency Plan, by enacting Ordinance No. 2009-
134, by including two additional Texas Water Development Board Best Management Practices
recommended by the Task Force’s Water Conservation Best Management Practices Guide that
relates to park and athletic field conservation; and
WHEREAS, on March 6, 2012, the City Council recognized 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 desired to further amend the Water Conservation and Drought
Contingency Plan to include amendments to Sections 6.6 and 6.7 thereof; as evidenced by
Ordinance No. 2012-064; and
WHEREAS, on April 15, 2014, the City Council adopted an ordinance providing for the further
Amended Water Conservation and Drought Contingency Plan, by enacting Ordinance No. 2014-
109, which adjusted the four-stage drought contingency plan to a three-stage plan; and
WHEREAS, on April 16, 2019, the City Council adopted the ordinance providing for the
readoption of the Water Conservation and Drought Contingency Plan, by enacting Ordinance
No. 19-863; and
WHEREAS, the City Council wishes to amend the "Water Conservation and Drought
Contingency Plan," by including a required twice weekly irrigation schedule to the conservation
portion of the Plan; and
WHEREAS, the City Council accordingly finds that this ordinance is necessary to protect the
health, life, and property of the residents of the City of Denton, Texas, in accordance with
sections 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 the Drought Contingency Plan adopted on April 16, 2019, by
adopting the provisions in the "Water Conservation and Drought Contingency Plan" attached
hereto as Exhibit " A".
NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitations contained in the preamble of this ordinance are incorporated herein
by reference as findings of the City Council.
SECTION 2. City of Denton Ordinance No. 2005-121, pertaining to the "Water Conservation
and Drought Contingency Plan," and codified in Chapter 26 of the Code of Ordinances of the
City of Denton, Texas, at sections 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
Contingency Plan - April 2009" by City of Denton Ordinance No. 2009-134; and as further
amended by the " April 2009 - Water Conservation and Drought Contingency Plan (updated
February 2012)" by City of Denton Ordinance No. 2012-064; and as amended by the "April 2014
Water Conservation and Drought Contingency Plan (updated April 2014)" by City of Denton
Ordinance No. 2014-109; adopted again April 2019 by Ordinance 19-863; and as now amended
to include a required twice weekly irrigation schedule to the conservation portion of the Water
Conservation and Drought Contingency Plan, attached hereto as Exhibit “A”.
SECTION 3. Any provision of any prior ordinance of the City which conflicts with any
provision of this ordinance is hereby repealed to the extent of the conflict, but all other
provisions of the ordinance of the city which are not in conflict with the provisions of this
ordinance shall remain in full force and effect.
SECTION 4. 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 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
ordinance since the same would have been enacted by the City Council without the incorporation
of this ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section.
SECTION 5. This ordinance shall become effective immediately upon its passage and approval.
The motion tO approve this ordinance was made by r B.C k„,mcq and seconded by r ( , Uk #i 1.
The ordinance was passed and approved by the following vote U– O– J :
Aye Nav Abstain Absent
Mayor Gerard Hudspeth:/
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Vicki Byrd, District 1 :
Brian Beck. District 2:
Paul Meltzer, District 3 :
Joe Holland, District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
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PASSED AND APPROVED this the I C+ " d,y ,f 2024.
ATTEST :
LAUREN THODEN, CITY SECRETARY
Cyau'LbhL_jy@
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY:1%ph7MI/Christopher Mullins
2024.04.03 17:34:09 -05'OO'
Exhibit “A“
Water Conservation and Drought
Contingency Plan
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Water Conservation and Drought Contingency Plan City of Denton
CITY OF DENTON WATER CONSERVATION PLAN
April 2024
1. iNTRODUCrION AND OBJEcrivES
Water supply has always been a key issue in the development of Texas. The increasing population and
economic development in Region C have led to growing demands for water. Additional supplies to
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meet higher demands will be expensive and difficult to develop. It is important to preserve water
availability by making efficient use of existing supplies. Effective conservation strategies 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.1 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 TCECI guidelines and requirements.
The objectives of the water conservation plan are:
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• To reduce per capita water consumption.
• To reduce operational water loss
• To reduce wasteful uses of waterI
• To promote water reuse.
• To improve efficiency in the use of water.
• To extend the life of current water supplies by implementing sustainable practices
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The objectives of the drought contingency plan are:
•
•
•
•
•
To conserve the available water supply in times of drought and emergency.
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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).”1
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).”1
The drought contingency plan for the City of Denton is contained in Section 6 of this water
conservation and drought contingency plan.
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) – Records Management System – Section 3.2
Water Conservation and Drought Contingency Plan City of Denton
•
•
•
•
•
•
•
•
•
288.2(a)(1)(C) – Specification of 5- and 10-Year Savings Targets – Section 3.3
288.2(a)(1)(D) – Accurate Metering – Sections 3.4.A
288.2(a)(1)(E) – Universal Metering – Section 3.4.B
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)(1) – 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
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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:&
B =* aiI
• 288.5(1)(C) – Maximum Acceptable Unaccounted-For Water Goal – Section 3.5
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3.1 Utility Profile
format recommended by the TCEQ.2
3.2 Records Management System
The Texas Administrative Code requires water systems maintain a record management system which
(1) single family;
(I1) multi-family;
(ii) commercial;
Appendix C to this water conservation plan is a water utility profile for the City of Denton, based on the
allows for the classification of water sales and uses into the most detailed level of water use data
(i) residential;
currently available to it, including, if possible, the sectors listed in clauses (i) - (vi) of this subparagraph.
Any new billing system purchased by a public water supplier must be capable of reporting detailed
water use data as described in clauses (i) - (vi) of this subparagraph:
(iii) institutional;
(iv) industrial;
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Water Conservation and Drought Contingency Plan City of Denton
(v) agricultural; and,
(vi) wholesale.
The City of Denton Currently Utilizes NorthStar Billing System. While the acquisition and
implementation of this software predates the above records management requirements, the system
can accommodate the classification of water uses into detailed water use data.
3.3 Specification of 5- and 10-Year Savings Targets
The Texas Administrative Code requires specific, quantified five-year and ten-year targets for water
savings to include goals for water loss programs and goals for municipal use in total GPCD and
residential GPCD.
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In December of 1999, the average gallon per capita per day (gpcd) water usage was roughly 160. This
figure is arrived at by taking the amount of produced water, subtracting wholesale water amounts,
then dividing the remaining amount by the current population. It is important to note, that gpcd is an
industry standard, however gpcd does include commercial and industrial water usages. Therefore, it is
important to make the distinction that a gpcd figure does not represent household usage alone, but
also considers an individual’s “water footprint” based on the water consumption of goods and services
they enjoy.
In 1999, when gpcd was 160, the original water conservation plan articulated a conservation goal of a
15 percent reduction in per capita water use by 2050, which would be 136 gpcd.
The City’s water conservation goals were further amended May 1, 2005, to include the goal of a one
percent reduction yearly in per-capita usage for ten years. Resulting in 152 gpcd by 2024. Weather
variability presents data interpretation challenges. On average, Denton receives 38 inches of rain. In
2015 Denton received 69.5 inches of rain, that year saw a 132.64 gpcd consumption, surpassing our
2050 goal. In 2023 Denton received 28.8 inches of rain, that year saw 149.78 gpcd consumption . While
the 2024 usage is much higher than thew 2015 usage, it is fair to argue 2024 more accurately
represents successful reduction. Additionally, the pattern and frequency of rainfall has significant
effects on irrigation patterns. For example, if I" of rain falls per week in .25“ increments every other
day in August, irrigation would be largely curtailed, however if l” of rain falls on a Sunday then the rest
of the week is dry, irrigation would likely occur by mid-to-end of the week.
Due to a shift in a larger percent of population living in multifamily homes, some of the assumptions
comprising the 2050 goal of 136 gpcd were reexamined, and a new goal of 130 gpcd by 2050 is the new
target
Water Conservation and Drought Contingency Plan City of Denton
The figure below represents Denton’s conservation in 2019, 2024 to date actuals, and 5-, 10- and 15-
year goals through 2039.
Unit
City of Denton Population
Gallons Per Capita per Day
Residential Gallons Per'
Capita per Day
Unit
gpcd
gpcd
2019
133,610
140
58.3
2024 2029
1
145148
2034
255412
142
56.5
2039
281995
140
53al
63.3 60
3.4.A 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. Both Raw meters for Lake Ray Roberts were
replaced in 2018, and both Lake Lewisville meters were replaced in 2021.
3.4.B 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
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meter replacement program. Denton Water Utility (DWU) staff conducted an extensive study in 2004
in which over 2,000 water meters were bench tested for accuracy. Throughout the years since this
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study was conducted, it has been updated and to date holds validity in results. In addition, a cost-
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benefit analysis was conducted to maximize the efficiency of the meters versus the costs of the
replacement program. Based on the study, % 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 2009 to 2013
DWU has replaced meters to meet the twelve- to fourteen-year cycle. Meters that are 3-inch or larger
are tested every year and repaired or replaced as necessary. The meter inventory for the city is in the
process of transitioning to AMI or Automatic Meters. A pilot study is currently in progress and it is
anticipated that the AMI meters will begin to replace analogue meters in 2027.
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.
Water Conservation and Drought Contingency Plan City of Denton
3.5 Determination and Control of Water Loss
The amended 2003, Texas Water Code (Chapter 16.0121) requires that DWU (a retail public utility that
provides potable water) to file an annual audit of system water loss. DWU continues to follow annually
in compliance with the TWC.
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 1990s. Historically, the City of Denton’s non-revenue water, has always been
below the AWWA goal. The City of Denton unaccounted-for water is also below the national average
and the 2017 Texas average. 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 .
The City of Denton will continue to conduct annual water audits using the IWA/AWWA methodologies.
Non-revenue water for the City of Denton has varied from 3.3 percent to 7.5 percent in the last five
years, with the highest value still under review regarding accuracy of a source meter. 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.
3.6 Public Education and Information; Partnerships with Non-profits
The City of Denton continues to have an active role in the education of water conservation with several
methods of outreach and public information. Along with their Partnerships with Non-Profits, they
execute campaigns throughout the year(s) to spread information on conservation. The continuing
public education and information campaign and the partnerships with Non-Profit organizations on
water conservation includes the following elements:
a.
b.
C.
Promote the City’s water conservation measures (presented in Sections 3, 4, and 5).
Enforcement of a mandatory twice-a-week watering schedule for landscape.
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 materials, 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.
d.
e.
Water Conservation and Drought Contingency Plan City of Denton
f.Make information pertaining to water conservation and irrigation conservation available
online at www.sustainabledenton.com and water utilities website
www.discussdenton.com/water-wise-denton include links to the Texas Sma rtscape website
and to information relating to water conservation on the TWDB and TCEQ web sites.
Provide a Xeriscape and a Water Conservation class once a year to promote conservation
landscaping and conservation irrigation practices.
Provide links to educational information related to use and installation of rain barrels for
irrigation on www.discussdenton.com/water-wise-denton.
Promote and educate with non-profit conservation partners such as Master Naturalist,
Master Gardeners, and Natural Plant Society, organizations that actively hold informational
and educational meetings and volunteer opportunities regularly within our community.
Offer presentations to local organizations, schools, and civic groups on the importance of
water conservation and ways to save water.
g.
h.
1.
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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.
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The City of Denton initially employed an inverted-block rate from May through October. We have since
adopted this structure year-round. The structure consists of four blocks. 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.
3.8 Reservoir System Operation Plan
The City of Denton has the right to divert water from Lake Lewisville and Lake Ray Roberts, which we
limit to firm yield calculations as follows:
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• 19.76 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 expired agreement with
the City of Dallas (majority water right holder) delegates comprehensive coordination of reservoir
management to the City of Dallas.
Water Conservation and Drought Contingency Plan City of Denton
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.
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 10 years:
• 9288.2(a)(2)(A) – Leak Detection, Repair, and Water Loss Accounting – Sections 3.5, 4.1, and 5.5
• 9288.2(a)(1)(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
invested in leak detection and correlator equipment that helps 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.
Areas of the water distribution system in which numerous leaks and line breaks occur are targeted for
replacement.
DWU will continue analysis on the life cycle of transmission lines. These pipes have an assumed
lifespan of 75 years. DWU continuously assesses the current condition of existing transmission lines
and maintains a detailed maintenance history. DWU revises the replacement schedules accordingly for
all existing transmission lines to reduce water loss from main breaks by better estimating end of useful
live
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:
Water Conservation and Drought Contingency Plan City of Denton
a. Continue to implement and improve the waterline replacement program.
b. Conduct an analysis to revise the replacement schedule of transmission lines.
c. 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)(1)(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.
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The current billing system separates sales and uses into residential, commercial, and wholesale user
classes. At such time that the City of Denton procures a new record management system, such system
will have the capabilities required in section 288.2(a)(1)(B).
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.
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5. OPTIONAL WATER CONSERVATION PLAN CONTENT
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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:
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9288.2(a)(3)(A) – Conservation Oriented Water Rates – Section 3.7
9288.2(a)(3)(B) – Ordinances, Plumbing Codes or Rules on Water-Conserving Fixtures – Section
5.1
6288.2(a)(3)(C) – Programs for the Replacement or Retrofit of Water-Conserving Plumbing
Fixtures in Existing Structures – (Not included in plan)
9288.2(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)
9288.2(a)(3)(F) – Landscape Water Management Ordinance – Section 5.3
9288.2(a)(3)(G) – Monitoring Method – Section 5.4
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Water Conservation and Drought Contingency Plan City of Denton
•9288.2(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. The implementation of the federal rules requiring
energy-conserving clothes washers in 2007 improved 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 MGD. The city is currently
partnering with a consultant to perform an analysis on the system and increase usage by identifying
new customers that can feasibly be connected to the system, and identifying infrastructure
improvements to allow for expansion. Lasty, new developments of a certain size are required to be
constructed with purple pipe to accommodate future system expansion. Staff is identifying internal
processes that can be accomplished with reuse water, such as sewer cleaning and street sweeping, and
working to accommodate the change from potable to reuse water to accomplish these tasks.
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:
a.
b.
C.
d.
e.
f
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.
Water Conservation and Drought Contingency Plan City of Denton
Staff is expanding the rules and regulations above to include a twice a week irrigation schedule for
all users, as well as hiring an additional staff member to support the public and uphold the
restrictions.
The irrigation schedule is as follows:
Address
Even Addresses (ending in 0,2,4,6,8 or no
address
Odd Addresses (ending in 1,3,5,7,9
Commercial and Multi-Famil
Irrjgation Da
Tuesday and Saturday
Wednesday and Sunda
Monday and Thursda
The Water Utility Department recognizes that the implementation of the watering schedule is a
significant change for our customers. While Sec. 26-234 allows for civil and criminal penalties for
violation of any portion of the plan, it is the departments intent to educate and correct behavior
without the use of civil and criminal penalties, unless absolutely necessary. Staff plans to
implement a 3 year grace period from 2024-2026 before strict enforcement in 2027.
5.4 Monitoring Method
Currently there is not a system in place to accurately measure consumption per capita per day. The
meter inventory for the city is in the process of transitioning to AMI or Automatic Meters. A pilot study
is currently in progress, and it is anticipated that the AMI meters will begin to replace analogue meters
in 2027. As meters are replaced, AMI technology will allow for individual gpcd monitoring.
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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
b,a
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related to high billing complaints.
The City of Denton has and will explore new organizational options that would allow for expansion of
the water audit program. In addition to increasing availability of personnel for residential water audits,
DWU will begin to expand its focus and implement a program for commercial customers. As Denton’s
Water Conservation and Drought Contingency Plan City of Denton
highest volume water customers are in the commercial sector, commercial water efficiency is expected
to make a significant impact toward overall reductions.
5.6 Park, Athletic Fields and Golf Course 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,
athletic fields, and golf courses.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. Additionally, Denton is exploring the use of Effluent or Reuse water as a sustainable
alternative to potable water. We are currently in the planning stage of this process.
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:
a.
b.
C.
d.
e.
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.J
II
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.
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TCEQ’s minimum requirements for drought contingency plans are addressed in the following
subsections of this report:
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•
•
•
•
•
•
•
•
•
•
•
•
288.20(a)(1)(A) – Provisions to Inform the Public and Provide Opportunity for Public Input –
Section 6.3
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)(H) – Procedures for Initiation and Termination of Drought Stages – Section 6.6
288.20(a)(1)(1) - 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
288.20(b) – Notification of Implementation of Mandatory Measures – Section 6.6
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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 6.9J
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(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.
Water Conservation and Drought Contingency Plan City of Denton
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 from January 22 through February 22 of 2024:
a.
b.
C.
d.
e.
Written notice of the proposed plan and the opportunity to comment on the plan was
posted on the water utilities website www.discussdenton.com/water-wise-denton
Notification was given before, after and during the comment period
The plan is always available to the public at the City of Denton’s web site
www.cityofdenton.com and water utilities website www.discussdenton.com/water-wise-
denton
The public may comment on updates to the plan.
The plan will be provided to anyone requesting a copy.
The City of Denton shares water rights with the City of Dallas. Denton is the minority water right holder
in both water supply reservoirs. It is by design that Denton’s Drought Contingency Plan closely
resembles Dallas’ plan. The need to coordinate Denton’s Plan with the Dallas plan is appropriate and
fosters Consistent communication within a media market common to many different water utilities.
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:
a.
b.
C.
The plan is available to the public through the City of Denton web site at
www.cityofdenton.com and the water utility’s website www.discussdenton.com/water-wise-
denton
Including information about the drought contingency plan on the City of Denton’s web site,
www.cityofdenton.com water utility’s website www.discussdenton.com/water-wise-denton .
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).
Water Conservation and Drought Contingency Plan City of Denton
d. 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 website,
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 are met. The
following actions will be taken when a drought stage is initiated:
de X
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a. The public will be notified through local media.
b. Wholesale customers will be notified by telephone with a follow-up letter or email.
c. 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.
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.
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Trigger Condition Types: The three types of water management conditions are discussed below:
For a Type A situation, preservation of the total water supply is critical and corresponding water
management measures should stress overall reductions in water use. This condition is measured by a
reduction in lake supply and 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,
managing and lessening 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 objective of Stages 1 and 2 are to avoid triggering the next stage. A Stage 3 trigger requires
immediate and severe water demand reductions. Equipment or system failures that result from
Water Conservation and Drought Contingency Plan City of Denton
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, which is especially possible in times of significant population growth. Drought contingency
measures should stress reductions in peak water demand or redistribution of the demand to off-peak
hours
For a Type C situation 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. 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.
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:
a.
b.
C.
The public will be notified through local media.
Wholesale customers will be notified by telephone with a follow-up letter or email.L
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
Water Conservation and Drought Contingency Plan City of Denton
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 (1) Denton and Dallas connected lakes (east and west); or (2) western
connected lakes; or (3) eastern connected lakes drops below 65% of the total conservation storage of
the lakes
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6.6.1.1.2 Type B Water Management Condition
Water demand reaches or exceeds 85% of delivery capacity for 4 consecutive days
6.6.1.1.3 Type C Water Management Condition
a.
b.
C.
Water demand approaches 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 1 may be terminated when Stage 1 conditions no longer exist and would be unlikely to
recur upon termination.L
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6.6.1.2 Goal for Use Reductions and Actions Available Under Stage 1, Mild
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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 Director of Water Utilities or a
designee can order the implementation of any of the actions listed below, or other actions not
listed, as deemed necessary:
All Water Users
Water Conservation and Drought Contingency Plan City of Denton
a.Require that all landscape watering be limited to the day-of-week schedule between the hours
of 6:00PM to 10:00AM. 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
limited to 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.
Require written approval for additional watering beyond twice a week for new and first year
landscaping.
Encourage only initial filling of ornamental fountains.
Encourage reduction in frequency of washing or rinsing of vehicles. Use of bucket/container,
hand- held hose with positive shut-off valve or commercial car wash is required.
Require written approval for the draining and refilling of swimming pools.
Encourage reduction in frequency of recreational water use including use of faucets, hoses or
hydrants.
Foundations may be watered on any day of the week between the hours of 10 PM and 6 AM.
Foundations may be watered with a soaker hose or a hand-held hose equipped with a
positive shutoff nozzle only.
Prohibit using the hose to clean paved areas, buildings, windows or other surfaces.
b.
C.
d.
e.
f.
g.
h.
City Government
a.
b.
C.
d.
e.
f.
Staff will begin review of the problems initiating Stage 1 actions and will identify possible
solutions to address the water shortage.
Initiate public education campaign teaching and encouraging reduced water use practices.
Intensify normal leak detection and repair activities on water pipes and mains.
Restrict use of potable water for the irrigation of parks by 25 percent. Park landscape may be
irrigated on any day of the week, portions of the park irrigated with reuse water are not
required to reduce irrigation,
Only flush newly constructed mains and mains that are essential for water quality
maintenance.
Encourage 25 percent reduction in frequency of wet street sweeping and city vehicle washing
and rinsing. Street sweeping and vehicle washing with reuse water are not subject to potable
water restrictions.
Commercial Customers
a. Identify and encourage voluntary reduction measures by high-volume water users through
water use audits
Water Conservation and Drought Contingency Plan City of Denton
b.
C.
d.
e.
f.
Restrict water use for the irrigation of parks by 25 percent. Park landscape may be irrigated on
any day of the week. Park facilities irrigating with reuse water are not subject to the same
watering restrictions.
Reduce potable water use for landscape nursery stock by 25 percent.
Require reduction of water use through day-of-week landscape watering schedule for golf
courses. Golf courses irrigating with reuse water are not subject to the same watering
restrictions.
Encourage area restaurants to serve customers water by request only.
Encourage hotel/motels to request multiple day patrons to reuse linens instead of changing
every day.
Interruptible Customers
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Reduce usage for interruptible customers per contract terms.I
Wholesale Customer Cities
Request proof of implementation of like procedures by wholesale customers.
Notifications
City of Denton
a. Notify major City departments, by telephone and follow-up memo, of Water Awareness
Stage #1 and request voluntary water use reduction.
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b. 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.
• Stress reduction of water use through the publication of the mandatory landscape watering
schedule.
Wholesale Customers
Water Conservation and Drought Contingency Plan City of Denton
Advise wholesale customers by telephone and follow-up memo, of Water Awareness Stage
#1 and request proof of water use reduction consistent with actions taken by the City of
Denton
Water Conservation and Drought Contingency Plan City of Denton
6.6.2 Stage 2, Moderate
6.6.2.1 Triggering Conditions for Stage 2, Moderate
6.6.2.1.1 Type A Water Management Condition
Total raw water supply in (1) Denton and Dallas connected lakes (east and west); or (2) western
connected lakes; or (3) eastern connected lakes drops below 50% 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
6.6.2.1.3 Type C Water Management Condition
a.
b.
C.
Water demand equals 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 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 Reduction And Actions Available Under Stage 2, Moderate
The goal for water use reduction under Stage 2, Moderate, is a 15 percent reduction of the use that
would have occurred in the absence of drought contingency measures. The Director of Water
Utilities or a designee can order the implementation of any of the actions listed below, or other
actions not listed, as deemed necessary:
All Water Users
a. Require that all landscape watering be limited to single day-of-week schedule between the
hours of 6:00 PM to 10:00AM. Irrigation of landscaped areas with hose-end sprinklers or
Water Conservation and Drought Contingency Plan City of Denton
automatic irrigation systems should be limited to Thursdays for customers with a street
address ending in an even number (0, 2, 4, 6 or 8) and for locations without addresses, 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.
Restrict operation of ornamental fountains or ponds to initial only filling except where
necessary to support aquatic life or where such fountains or ponds are equipped with a
recirculation system.
Prohibit recreational water use including use of faucets, hoses or hydrants.
Restrict washing of any motor vehicle, motorbike, boat, trailer, airplane or other vehicle to the
use of a hand-held bucket or a hand-held hose equipped with a positive shutoff nozzle for
quick rinses on the designated watering day. Vehicle washing may be done at any time on the
immediate premises of a commercial car wash or commercial service station. Further, such
washing may be exempted from these regulations if the health, safety, and welfare of the
public is contingent upon frequent vehicle cleansing, such as garbage trucks and vehicles used
to transport food and perishables.
Restrict water use to replacing losses during normal use and replacing evaporation in order to
maintain proper water quality and proper operation of the pool equipment. 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.
Prohibit hosing off paved areas, buildings, windows, or other surfaces.
Foundations may be watered for a two-hour period only between the hours of 10 PM and 6
AM on the designated single day of the week watering day with soaker or hand-held hose
equipped with a positive shutoff nozzle on the watering schedule.
b.
C.
d.
e.
f.
g.
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.
e.
f.
g.
Continue intensified leak detection and repair activities on water pipes and mains.
Restrict water use for the irrigation of parks by 50 percent. Park landscape may be irrigated on
any day of the week. Portions of the park irrigated with reuse water are not subject to the
same restrictions.
Increase enforcement efforts
Reduce frequency of wet street sweeping and city vehicle washing by 50 percent.
Water Conservation and Drought Contingency Plan City of Denton
h. Use of water from fire hydrants is limited to firefighting and essential distribution system
activities. All other water use from fire hydrants will be by special permit only, including
SWPPP related activities. Reuse water hydrants are not subject to the same restrictions.
Commercial Customers
a. Enforce single day-of-week watering schedule for golf courses. Golf courses irrigating with
reuse water are not subject to the same restrictions.
b. Reduce potable water use for landscape nursery stock by 50 percent. Nurseries irrigating with
reuse water are not subject to the same restrictions.
c. Restrict water use for the irrigation of parks by 50 percent. Park landscape may be irrigated on
any day of the week. Park areas irrigated with reuse water are not subject to the same
restrictions.
Interruptible Customers
Reduce usage for interruptible customers per contract terms.
Wholesale Customers
a. Require proof of 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.
Notifications
City of Denton
a. 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.
b. Coordinate distribution of water emergency plan details, posters, and handouts to customer
service representatives, utility dispatch personnel and Denton public access buildings.
Water Conservation and Drought Contingency Plan City of Denton
Retail Customers
a. TCEQ notified of Stage 2 restrictions.
b. 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.
c. 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.
d. Accelerate public education campaign to promote and encourage efficient water use.
e. 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
a. Initiate a 10% rate increase for residential customers for water usage greater than 15,000
gallons per account per 30 days.
b. Impose a 10% surcharge penalty for commercial and industrial customers for monthly water use
above 80% of prior billing volumes for a 30-day period.
c. Initiate code enforcement fines for any violation of the Drought Contingency Plan.
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 (1) Denton and Dallas connected lakes (east and west); or (2) western
connected lakes or (3) eastern connected lakes, drops below 35% 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 2 consecutive days.
Water Conservation and Drought Contingency Plan City of Denton
6.6.3.1.3 Type C Water Management Condition
a. Water demand exceeds a reduced delivery capacity for all or part of the system, as determined
by DWU
b. A major water line breaks, or a pump or system failure occurs, which cause unprecedented loss
of capability to provide treated water service
c. 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 Reduction And Actions Available Under Stage 3, Severe
The goal for water use reduction under Stage 3, Severe, is a reduction of 20 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 a designee can set a goal for greater water use reduction. The
Director of Water Utilities or a designee can order the implementation of any of the actions listed
below, or other actions not listed, as deemed necessary:
All Water Users
a. Irrigation of landscape with potable water is absolutely prohibited unless otherwise indicated
within this section.
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 PM to 10 AM.
c. The filling, refilling, or adding of water to swimming pools, wading pools, and Jacuzzi type pools
is prohibited. Existing pools may add water to replace losses during normal use and to replace
evaporation to maintain proper water quality and proper operation of the pool equipment.
d. Prohibit operation of ornamental fountains or ponds to initial filling except where necessary to
support aquatic life or where such fountains or ponds are equipped with a recirculation system.
e. Foundations may be watered for a two-hour period only between the hours of 10 PM and 6 AM
on the designated watering day from Stage 2 with soaker or hand-held hose equipped with a
positive shutoff nozzle on the watering schedule.
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
Water Conservation and Drought Contingency Plan City of Denton
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.
Permitting of new swimming pools, hot tubs, spas, ornamental ponds and fountain construction
is prohibited.
Request a 25% reduction of indoor water uses.
g.
h.
City Government
a. Wet street sweeping and city vehicle washing or rinsing using potable water is prohibited,
except when in the immediate interest of public health, safety, and welfare.
b. Restrict water use for the irrigation of parks by 75 percent. Park landscape may be irrigated on
any day of the week.
c. Restrict use of water from fire hydrants to firefighting, essential distribution system
maintenance and related activities. All other water use from fire hydrants will be by special
permit only.
Commercial Customers
a. Restrict watering of golf course greens and tee boxes restricted to the allowed watering hours
and the day-of-week watering schedule from Stage 2; watering of other golf course areas and
parks is prohibited unless the golf course utilizes non potable water or another water source
other than that provided by the City of Denton.
b. Reduce potable water use for landscape nursery stock by 75 percent.
c. Restrict potable water use for the irrigation of parks by 75 percent. Park landscape may be
irrigated on any day of the week. Parks irrigated with reuse water are not subject to the same
restrictions.
Interruptible Customers
Service to interruptible customers is temporarily suspended.
Wholesale Customers
Same external restrictions apply to wholesale suppliers.
Notifications
City of Denton
a. Coordinate dissemination of water conservation plan details, posters, and handouts to
customer service representatives, utility dispatch personnel and public access buildings.
Water Conservation and Drought Contingency Plan City of Denton
b.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
a. TCEO notified of Stage 3 restrictions.
b. 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.
c. 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.
d. Post Water Warning notices at public buildings including city buildings, county buildings,
and the federal post office.
e. If applicable, notify U.S. Corps of Engineers by telephone and attached letter of the Water
Warning Stage #3 conservation measures.
Wholesale Customers
a.Advise wholesale customers by telephone and attached letter of actions being taken by
the City in response to Water Warning Stage #3 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
a. Initiate a 20% rate increase for residential customers for water usage greater than 15,000
gallons per account per 30 days.
b. 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.
c. Initiate code enforcement fines for any violation of the Drought Contingency Plan.
Water Conservation and Drought Contingency Plan City of Denton
Water Allocation
Retail Customers:
During Stages 2 and 3 of the Drought Contingency Plan, DWU may impose a retail water rate
increase to discourage water use. All rates for usage more than 15,000 gallons per month (per
single-family residential account), or any other usage amount above 15,000 gallons per month, as
deemed appropriate by the Director, may be increased by a minimum of an additional 10 percent or
any other percentage deemed appropriate by the Director.
Wholesale Customers
If the triggering criteria specified above for Stage 3 have been met, the Director is hereby authorized
to initiate allocation of water supplies on a pro rata basis in accordance with 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 Commission on Environmental Quality 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.
(if a shortage of water in a water supply covered by a water conservation plan prepared in
compliance with Texas Commission on Environmental Quality 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 may be entitled; or
2. the amount of water to which each customer may be 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.
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.
b.
C.
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.
Water Conservation and Drought Contingency Plan City of Denton
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 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:
a. The Drought Contingency Plan prohibits the manner of use.
b. The amount of water used exceeds that allowed by the Drought Contingency Plan.
c. 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
Water Conservation and Drought Contingency Plan City of Denton
Any Code Enforcement Officer, Police Officer, or other city employee designated by the City Manager
, Assistant City Manager or Director of 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.
Any person who violates this Plan is guilty of a misdemeanor and, upon conviction, shall be punished
by a fine of not less than $250 and 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. Services discontinued under such circumstances shall be restored
only upon payment of a re-connection charge, at an amount established by City ordinance, and any
other costs incurred by the DWU in discontinuing service. In addition, suitable assurance must be
given to the Director that the same action will not be repeated while the Plan is in effect. Compliance
with this Plan may also be sought through injunctive relief in the district court.
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:
a.
b.
C.
d.
e.
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.
The variance will remain in effect during the stage in which it was issued and will
expire when the Plan is no longer in effect, or a new stage is activated.
Revoking a Variance
Water Conservation and Drought Contingency Plan City of Denton
The ACM may revoke a variance granted when the Director of Water Utilities determines any one of
the following:
a. Conditions causing initial issuance of the variance are no longer applicable.
b. Violation of the terms of the compliance agreement.
c. 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:
a.
b.
C.
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.
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 TCECI 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.
Water Conservation and Drought Contingency Plan City of Denton
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 City of Denton Public Utility Board without the incorporation into this Drought
Contingency Plan of any such unconstitutional phrase clause, sentence paragraph, or section.
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