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AmendedbyOrdinanceNo.200612705/02/06JR
AmendedbyOrdinanceNo.200913406/02/09JR
AmendedbyOrdinanceNo.201206403/06/12JR
AmendedbyOrdinanceNo.201410904/15/14JR
AmendedbyOrdinanceNo.1986304/16/19JR
O m ANCE NO. 200 - /f /
AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES OF THE
CITY OF DENTON, TEXAS BY ADDING THERETO §26-233 "WATER CONSERVATION
AND DROUGHT CONTINGENCY PLAN"; AND §26-234 "CRIMINAL AND CIVIL PEN-
ALTIES"; ADOPTING A WATER CONSERVATION AND DROUGHT CONTINGENCY
PLAN IN ACCORDANCE WITH THE REQUIREMENTS OF THE LAW; ESTABLISHING
CRITERIA FOR THE INITIATION AND TERMINATION OF DROUGHT RESPONSE
STAGES; ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES; ESTABLISH-
lNG PROCEDURES FOR GRANTING VARIANCES; PROVIDING A CRIMINAL PEN-
ALTY NOT TO EXCEED $2,000 PER VIOLATION; PROVIDING A CIVIL PENALTY NOT
TO EXCEED $1,000 PER DAY PER VIOLATION; AND CHARGING VARIOUS 20% SUR-
CHARGE PENALTIES ON EXCESSIVE WATER USE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, §11.1271 and 11.1272 of thc Texas Water Code and applicablc 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, 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 and subject to depletion dur-
ing pcriods of extended drought; and
WHEREAS, prior to the adoption of this ordinance, the City Council held a public hear-
ing to obtain citizen comments and input on the Water Conservation and Drought Contingency
Plan; and
WHEREAS, the City Council deems it in the public interest to adopt the following Water
Conservation and Drought Contingency Plan; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That Chapter 26 of the Code of Ordinances of the City of Denton, Texas is
hereby amended by adding new §§26-233 and 26-234, which shall read as follows:
See. 26-233. Water conservation and drought contingency plan.
(a) Adoption of plans. The Water Conservation and Drought Contingency Plan of the
City dated April 19, 2005, which is attached hereto, are hereby adopted by reference and is made
a part of this Code of Ordinances for all purposes, as if fully set forth herein.
(b) Surcharges. In addition to the penalties set forth in §26-234 below, the surcharge
penalties of 20% for commercial, industrial, and residential customers may be imposed in accor-
dance with the Water Conservation and Drought Contingency Plan:
(c) Authority. The City Manager and Assistant City Manager for Utilities are author-
ized to implement measures prescribed and required by this section and by the Water Conserva-
tion and Drought Cont'mgency Plan approved by the City Council. The Assistant City Manager
for Utilities is authorized to enforce the measures implemented and to promulgate regulations not
in conflict with this section or with state and federal laws in aid of enfomement.
(d) Implementation of emergency order. The Assistant City Manager for Utilities,
upon determination that the conditions for a water emergency exist, may take the actions indi-
cated under the Water Conservation and Drought Contingency Plan, and shall advise the City
Manager. The City Manager may order that the appropriate state of emergency response, as de-
tailed in the Water Conservation and Drought Contingency Plan, be implemented. To be effec-
tive, the order must be:
(1) made by public announcement via electronic media; and
(2)
published in a newspaper of general circulation of the City within 24 hours
at~er the public announcement, which order becomes effective immedi-
ately upon publication.
(e) Duration of the order; change; extension. All initiated actions will remain in ef-
fect until the conditions that triggered the order have been eliminated or as otherwise provided in
the Water Conservation and Drought Contingency Plan. Upon recommendation of the Assistant
City Manager for Utilities, the City Manager may terminate, upgrade, or downgrade the state of
emergency in accordance with the requirements of the Water Conservation and Drought Contin-
gency Plan. Any change in the order must be made in the same manner prescribed in subsection
(d) for implementing an emergency order.
(f) Wholesale service to customers outside the city. The Assistant City Manager for
Utilities shall notify customers receiving wholesale water service from the City when any stage
of the Water Conservation and Drought Cont'mgency Plan has been initiated or terminated in
case of pro-rata water allocations. The Assistant City Manager for Utilities may restrict service
to customers outside the City, as permitted under contract and state law.
(g) Authority under other laws. Nothing in this section shall be construed to limit the
authority of the Mayor, the City Council, or the City Manager to take emergency action or to
seek emergency relief under Chapter 9 "Emergency Management" or under the provisions of any
applicable state or federal laws.
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-
2
tingency Plan (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 implemented if
the mandatory measures have been implemented according to the Plan and any one of the fol-
lowing conditions apply:
(1) The Plan prohibits the manner of use; or
(2) The mount 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.
(b) The following penalty shall apply during Stages 3 and 4 of the Plan: Any person
who knowingly violates any provision of this article shall, upon conviction, be punished by a
fmc not to exceed two thousand dollars ($2,000.00). Each day that one or more provisions in
this Plan is violated shall be considered to be a separate offense.
(c) The City Attorney is authorized to commence an action for appropriate legal or
equitable relief in a court of competent jurisdiction in addition to the penalty mentioned in the
above subsection Co). Such additional relief may include:
(1) An injunction to prevent a violation of this chapter;
(2)
Recovery for expenses incurred by the City in responding to a violation of
this Chapter;
(3)
A civil fine of up to one thousand dollars ($I,000.00) per day for viola-
tions of §26-233 and the Plan attached hereto; or
(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 unconstitu-
tional by the valid judgment or decree of any court of competent jurisdiction, such unconstitu-
tionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sec-
tions 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 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 ordi-
nance 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 /t~ dayof ~.~
,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, INTERIM CITY ATTORNEY
By:
S:\Our Documents\Ordinances\05~Drought Plan-Water Conservation Plan-2005-Ordinance.doc
4
Water Conservation and Drought Contingency Plan City of Denton
CITY OF DENTON
Water Conservation and Drought Contingency Plan
April 2005
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 hfe 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 pubhc 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)~."
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. 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)l.''
The drought contingency plan for the City of Denton is contained in Section 6 of this
water conservation and drought contingency plan.
2
Water Conservation and Drought Contingency Plan Cit~ 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
· §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
3.1 Utility Proffie
Appendix C to this water conservation plan is a water utility profile for the City of
Denton, based on the format recommended by the TCEQ2.
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 f~om numerous sources including state agency recommendations,
the Region C planning group, water conservation literature, and the City's existing Water
Conservation Plan.
Prior to May 1, 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
3
Water Conservation and Drought Contingency Plan City of Denton
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
(five-year target). This represents a reduction of 9 gpcd from the TWDB's
projected per capita water use.
Achieve 2014 per capita water use of 171 gpcd or less, as shown in Table 3-2
(ten-year target). This represents a reduction of 18 gpcd from the TWDB's
projected per capita water use.
The above goal represents a one percent reduction in per-capita for each of the next 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 has 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 over the
next five to ten years, would result in a 9 gallon per day reduction in per-capita by the
year 2009. 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.
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 2000 2009 2014
City Denton Population 80,537
Total Water Demand MG 5,556
Gallons per Capita per Day gpcd 189
Savings from low-flow fixtures and gpcd 5.4 11.8
Federal Clothes Washer Standard
Savings from Conservation gpcd 2.6 4.2
Measures
Savings from Reuse gpcd 1 2
Total Per-Capita Saving gpcd 9 18
Per-Capita Reduction Percent 5% 10%
4
Water Conservation and Drought Contingency Plan City of Denton
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 and 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, % to 2-inch
meters are replaced on a twelve to fourteen-year cycle. The program focuses on
replacing the oldest meters in the system first. In 2004, 2,176 meters were replaced.
Meters that are 3-inch or larger are tested every two years and repaired or replaced as
necessary.
In addition, meters registering any unusual or questionable readings will 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. The first submittal, due March 31, 2006, must report on
the water use for 2005. At this time, the TWDB is developing the roles for water system
audits.
DWU staff has been conducting water audits since the early 1990's. Historically, The
City of Denton's unaccounted-for water, based on the 3anerican 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.
5
Water Conservation and Drought Contingency Plan City of Denton
In anticipation of the changing regulatory requirements for the water audit and possible
implementation of International Water Association methodology by the TWDB, City of
Denton staff has been employing the IWA methodology for the past two years. The City
of Denton's system has also met the suggested targets of the IWA methodology as
specified by the TWDB Task Force on water conservation.
The City of Denton will continue to conduct annual water audits using both AWWA and
IWA methodologies.
As shown in Appendix C, unaccounted-for water for the City of Denton has varied from
3.25 percent to 7.91 percent in the last five years. In the last few years DWU staffhas
noticed a short-term upward trend in unaccounted-for water. Staff is currently
developing a plan to investigate possible causes of the increase in unaccounted-for water.
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.
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 Xerioscape 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
Srnartscape website and to information relating to water conservation on the
TWDB and TCEQ web sites.
6
Water Conservation and Drought Contingency Plan City of Denton
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 iment 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 and third blocks are designed to curb discretionary and seasonal
outdoor water use. The inverted-bloak structure only applies to residential customers.
DWU bills commercial customers on a fiat rate due to more consistent water use patterns.
TABLE 5-2
DWU Block Rate Structure
$2.60
0-15,000 gals
15,001 - 30,000 gals
Over 30,000 gals
$3.50
$4.35
3.8 Reservoir System Operation Plan
The City of Denton has the following rights to divert water fi.om Lake Ray Roberts and
Lake Lewisville:
· 9.76 MGD Lake Ray Roberts
· 4.34 MGD Lake Lewisville
The City of Denton is the minority water fight 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.
7
Water Conservation and Drought Contingency Plan City of Denton
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.
8
Water Conservation and Drought Contingency Plan CiV/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 un-call 24-hours a day and respond quickly to
repair reported leaks. The City of Denton also proactively decreases water loss through
thc 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
ma'mtcnance crews. Areas of the water distribution system in which numerous leaks and
line breaks occur are targeted for replacement.
To reduce real water losses, thc 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.
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.
Water Conservation and Drought Contingency Plan City of Denton
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.
10
Water Conservation and Drought Contingency Plan City of Denton
5. OPTIONAL WATER CONSERVATION PLAN CONTENT
TCEQ roles 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 (Customer Water Audit) -
Section 5.5
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 1.0 MGD by
2009 and 1.5 MGD by 2014.
11
Water Conservation and Drought Contingency Plan Cit~ of Denton
5.3 Landscape Management Ordinance
As part of the development of this water conservation plan, the City of Denton will
implement a landscape water management ord'mance. This ordinance is intended to
minimize waste in landscape inSgation and will be phased in over a two-year period. The
implementation of the program ia phases will allow time for staff to develop an ordinance
ensuring sufficient pubic participation as well as provide an adequate amount of time
necessary to educate customers about the requirements and restrictions of the ord'mance.
The ordinance will potentially include the following elements:
· Prohibition of outdoor watering with sprinklers fi.om 10:00 a.m. to 6:00 p.m.
every day fi.om June 1 through September 30. (Watering with hand-held hoses,
soaker hoses, or dispensers is allowed.)
· Requirement that all new irrigation systems include rain sensors.
· Requirement that all new irrigation systems be ia compliance with state design
and installation regulations (Texas Adm'mistrative Code Title 30, Part 1, Chapter
344).
· 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.
· Prohibition of outdoor watering during any form of precipitation.
· Enforcement of the ordinance by a system of wamings 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.
12
Water Conservation and Drought Contingency Plan City of Denton
5.5 Residential 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.
13
Water Conservation and Drought Contingency Plan
6. DROUGHT CONTINGENCY PLAN
6.1 Introduction
The purpose of this drought contingency plan is as follows:
City of Denton
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.
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 role 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
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Water Conservation and Drought Confmgency Plan City of Denton
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
288.20(b) - Notification of Implementation of Mandatory Measures - Section 6.6
288.20(¢) - Review and Update of Plan - Section 6.10
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 December of 1999 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 City Hall at 6:00 PM on
December 7, 1999.
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 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 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 supply customer of Dallas and will be affected by
restrictions that may be initiated by the Dallas plan.
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Water Conservation and Drought Contingency Plan City of Denton
· 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.
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
16
Water Conservation and Drought Contingency Plan Cit~ of Denton
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 oppommity 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 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 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.
Drought contingency measures should stress reductions in peak water
demand and/or redistribution of the demand to off-peak hours.
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Water Conservation and Drought Contingency Plan City of Denton
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.
· 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.
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Water Conservation and Drought Contingency Plan
6.6
6.6.1
City of Denton
Drought and Emergency Response Stages
Stage 1, Mild
6.6.1.1 TmGGEmNG AND TERMINATION CONDITIONS FOR STAGE 1, MILO
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 4
consecutive 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.
6.6.1.2 GOAL FOR USE REDUCTIONS AND ACTIONS AVAILABLE UNDER STAGE 1,
MILD
The goal for water use reduction under Stage 1, Mild, is a 1 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 fi'equeney 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.
19
Water Conservation and Drought Contingency Plan City of Denton
(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 initiat'mg 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.
Wholesale Customer Cities
(a) Encourage implementation of like procedures by wholesale customers.
NOTIFICATIONS
City of Denton
* 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 volunta~
restrictions that apply.
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Water Conservation and Drought Contingency Plan City of Denton
· 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.
21
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 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
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 GOAI~ FOR USE REDUCTION AND ACTIONS AVAILABLE UNDER STAGE 2,
MODERATE
The goal for water use reduction under Stage 2, Moderate, 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 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 mn-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 10:00AM. 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
22
Water Conservation and Drought Contingency Plan City of Denton
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). Apat[ments, 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.
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.
(j) Prohibit excessive water run-off fi'om any landscaped area onto streets, alleys,
or parking lots. Run-off is excessive when it goes ten (10) feet beyond the
property line.
(k) Use of water from tim hydrants limited to fire fighting, essential distribution
system
(1) Restrict the flushing of fire hydrants, blow offs and service connections for
new main construction by special permit only.
(m) Prohibit hosing offpaved areas, buildings, windows or other surfaces.
Commercial Customers
(a) Identify and encourage voluntary reduction measures by high-volume water
users.
00) Encourage further reduction in landscape uses for parks and golf courses.
(c) Encourage further reduction in landscape uses for nursery stock.
23
Water Conservation and Drought Contingency Plan City of Denton
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.
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 build'mgs.
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
24
Water Conservation and Drought Contingency Plan City of Denton
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.
25
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 REDUCTION AND ACTIONS AVAILABLE UNDER STAGE 3,
SEVERE
The goal for water use reduction under Stage 3, Severe, is a reduction of 15
percent of thc 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 bc 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
26
Water Conservation and Drought Contingency Plan City of Denton
end'mg 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 proper~ 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.
(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
ear washes and commercial service stations shall occur only between the
hours of 6:00 PM to 10:00 AM.
(c) The filling, refilling, or add'rog of water to swimming pools, wading pools,
and Jacuzzi type pools is 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
fonntain 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) Mnnieipal 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.
(e) Discontinue use of water for new water line construction purposes from fire
hydrants, blow offs and service connections.
27
Water Conservation and Drought Contingency Plan City of Denton
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 intermptible 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.
· If applicable, notify U.S. Corps of Engineers by telephone and
attached letter of the Water Warning Stage #3 conservation measures.
28
Water Conservation and Drought Contingency Plan City of Denton
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 £mes for any violation of the Drought
Contingency Plan.
29
Water Conservation and Drought Contingency Plan CiW of Denton
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 REDUCTION AND 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.
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.
(c) 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.
30
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 Emergency Stage fi4 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.
· Post Water Emergency notices at public buildings, including city
buildings, county build'mgs, 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
g4 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
pementage 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).
31
Water Conservation and Drought Contingency Plan City of Denton
· 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 fmcs 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 the latest revision of Texas Water
Code Section 11.039. Texas Water Code Section 11.039, Distribution of Water During
Shortage, states:
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 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.
(c)
Nothing in Subsection (a) or (b) precludes the per~on, 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.
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Water Conservation and Drought Contingency Plan City of Denton
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 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 propeay 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.
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Water Conservation and Drought Contingency Plan Ci~ of Denton
First Violation: Customers receive a written warning that they have violated restrictions.
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 eases 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/Utihties 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:
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.
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Water Conservation and Drought Contingency Plan City of Denton
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.
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Water Conservation and Drought Contingency Plan Cit3, 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 judgement 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.
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