HomeMy WebLinkAboutOrdinance - 2019-O0044 - Amending Water Conservation Plan - 04/23/2019First Reading
April 9, 2019
Item No. 8.7
ORDINANCE NO. 2019-00044
Second Reading
April 23, 2019
Item No. 7.3
AN ORDINANCE AMENDING ARTICLE 22.08 OF THE CODE OF ORDINANCES,
CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE CITY OF LUBBOCK WATER
CONSERVATION PLAN; THE CITY OF LUBBOCK DROUGHT AND EMERGENCY
CONTINGENCY PLAN; THE CITY OF LUBBOCK IRRIGATION WATER
CONSERVATION PLAN; PROVIDING FOR TARGET GOALS; ESTABLISHING
CRITERIA FOR THE DROUGHT RESPONSE STAGES; ESTABLISHING RESTRICTIONS
ON CERTAIN WATER USES RELATED TO DROUGHT OR SHORTAGES; PROVIDING A
PENALTY FOR EACH DAY OF NON-COMPLIANCE AND/OR DISCONTINUANCE OR
DISCONNECTION OF WATER SERVICE FOR NON-COMPLIANCE WITH THE
PROVISIONS OF THE WATER CONSERVATION PLAN AND THE DROUGHT AND
EMERGENCY CONTINGENCY PLAN; PROVIDING FOR A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
WHEREAS, the City of Lubbock, Texas (the "City"), recognizes that the amount of
water available to the City and its water utility customers is limited;
WHEREAS, the City recognizes that natural limitations due to drought conditions,
system failures and other acts of God may occur, and the City cannot guarantee an uninterrupted
water supply for all purposes at all times;
WHEREAS, applicable law and the regulations of the Texas Commission on
Environmental Quality require that the City adopt a Water Conservation Plan and a Drought and
Emergency Contingency Plan (the "Plans");
WHEREAS, the City has determined there is an urgent need in the best public interest to
adopt the Plans; and
WHEREAS, the City adopted, by Ordinance Number 2010-00055, dated on second reading
July 22, 2010, and by Ordinance Number 2004-00040, dated on second reading April 6, 2004, a
Drought and Emergency Contingency Plan; and by Ordinance Number 2004-00041, dated on second
reading April 6, 2004, a Water Conservation Plan, Article 22.08, Code of Ordinances of the City of
Lubbock, and is now desiring to amend Article 22.08 of the Code of Ordinances of the City of
Lubbock; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Article 22.08 of the Code of Ordinances, City of Lubbock, Texas, is
hereby amended to read as follows:
ARTICLE 22.08 WATER USE MANAGEMENT PLAN*
Division 1. Generally
Sec. 22.08.001 Introduction
(a) The city is located in Lubbock County in the Texas Panhandle and is the eleventh
largest city in the state and the largest city in West Texas. The city's population was
estimated by the city planning department to be 261,946 in 2018. According to the city's
planning department's estimates, the city's population is expected to increase to
approximately 297,000 by 2030. The city is situated in a semi -arid region that requires
more water per capita for landscape irrigation than in many other parts of the state.
Evidence of landscape irrigation demand is apparent when comparing the average winter
water usage of I I I gallons per capita per day (gpcd) to the average summer water usage
of 152 gpcd. In response to this seasonal usage, much of the city's water conservation
efforts have focused on reducing the amount of water used in landscape irrigation.
(b) This water use management plan - water conservation plan and drought and
emergency contingency plan - pertains to the use of water by both the city's retail and
wholesale water customers, and is intended to meet the requirements of the Texas
Commission on Environmental Quality (TCEQ) and the Texas Water Development
Board (TWDB).
Sec. 22.08.002 System description
(a) The city water system currently utilizes three separate water supply sources. During
2019, approximately 66% of the city's annual water usage will be supplied from the
Canadian River Municipal Water Authority (CRMWA). Lubbock is a member city of the
CRMWA. Water supplied from CRMWA is a blend of surface water and groundwater.
The surface water source is Lake Meredith and the ground water source is the CRMWA
well field located in Roberts County. The supply capacity of the CRMWA system to
Lubbock is 42 million gallons per day (MGD). This blended supply is treated at the
Lubbock North Water Treatment Plant in Lubbock. The treatment plant is a conventional
water treatment plant, and treats water for the city and for six other CRMWA southern
division member cities: Slaton, Tahoka, O'Donnell, Lamesa, Levelland and Brownfield.
CRMWA supplies the raw water to these cities.
(b) The city provides water treatment services only to these cities. These cities
reimburse Lubbock for their respective portions of the water treatment cost. CRMWA
operates a 250 million gallon capacity raw water reservoir located near the treatment
plant. The city owns and operates a 400 million gallon raw water terminal storage
reservoir located adjacent to the CRMWA reservoir. This reservoir is used during
summertime peak water use periods to supplement the normal supply from CRMWA.
The peak supply capacity of the system is 75 MGD when drawing upon the terminal
storage reservoir for short periods of time.
(c) During 2019, approximately 15% of the city's annual water usage will be supplied
from a well field located in Bailey and Lamb Counties, which is owned and operated by
the city of Lubbock. This well field is commonly referred to as the Bailey County Well
Field (BCWF), and is made up of 175 production wells. All groundwater from this source
is treated at a central location in the well field. Disinfection is the only treatment required
for this source. The supply capacity of the BCWF system is 30 MGD.
(d) During 2019, approximately 19% of the city's annual water usage will be supplied
from Lake Alan Henry located 60 miles southeast of Lubbock in Garza and Kent
Counties. The supply capacity of this system to Lubbock is 10 MGD. The water pumped
from Lake Alan Henry is treated at the Lubbock South Water Treatment Plant near
Lubbock.
(e) The city water distribution system contains approximately 1,780 miles of pipeline
mains, 11 pump stations, 12 ground storage tanks totaling 63.5 million gallons, 4
conventional elevated storage tanks totaling 4.15 million gallons, and the BCWF pipeline
that functions as an unconventional elevated storage system totaling 11.0 million gallons.
(f) The city sells water on a wholesale basis to seven separate public water supply
systems, the City of Shallowater, Lubbock Reese Redevelopment Authority, Lubbock
County Water Control & Improvement District No. 1 (also known as Buffalo Springs
Lake community), the Town of Ransom Canyon, Texas Department of Criminal Justice's
Montford Prison, Cooper ISD Woodrow Campus, and Texas Tech University's East
Campus classroom. The city also sells water to the City of Littlefield for infrequent
emergency use only. The water supplied to the City of New Deal is water purchased from
the City of Slaton by the City of New Deal and delivered through the City of Lubbock
water distribution system, for which Lubbock charges only a delivery fee.
Sec.22.08.003 Definitions
For the purposes of this plan, the following definitions shall apply:
Aesthetic water use. Water use for ornamental or decorative purposes such as fountains,
reflecting pools, and water gardens.
Annual water supply. The amount of water available to the city within a given year.
Normally measured in billions of gallons or acre-feet.
Averaze winter consumption. The amount of water used by a customer on average during
the winter months of December, January, and February.
Conservation. Those practices, techniques, and technologies that reduce the consumption
of water, reduce the loss or waste of water, improve efficiency in the use of water or
increase the recycling and reuse of water so that a supply is conserved and made
available for future or alternative use.
Domestic water use. Water use for personal needs or for household or sanitary purposes
such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence,
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business, industry, or institution, except as provided under the definition of nonessential
water use below.
Drought. An extended period of time of below normal precipitation (rainfall, snow, etc.).
Drought o record. Extended period of time of below normal precipitation (rainfall,
snow, etc.) that exceeds the length of time and impact on water supplies of previous
droughts. The drought of record is used to help determine the estimated yield of
reservoirs.
Hand waterin . The irrigation and maintenance of landscaped areas, whether publicly or
privately owned, including residential and commercial lawns, gardens, golf course
greens, tees, fairways, parks, athletic fields, street or alley rights -of -way and medians
through the use of manual water devices supplied by a water hose and actively attended
to by a person.
Increasiniz block rate. A water rate structure that has a rate that increases as more water is
consumed.
Landscape irrigation or landscape irrigation use. Water used for the irrigation and
maintenance of landscaped areas, whether publicly or privately owned, including
residential and commercial lawns, gardens, golf course greens, tees, and fairways, parks,
athletic fields, street or alley rights -of -way and medians.
Maximum daily
supply. The amount of water available to the city during a given day. The
amount may be limited due to the water transmission line size, water pump size, the
number of operating wells, the amount of raw and treated water storage, the water rights
owned by the city and other related factors.
Nonessential water use. Water uses that are neither essential nor required for the
protection of public health, safety, and welfare, including without limitation:
(1) Landscape irrigation;
(2) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane,
or other vehicle of any kind;
(3) Use of water to spray or wash down any sidewalks, walkways, driveways,
parking lots, tennis courts, or other hard -surfaced areas;
(4) Use of water to spray or wash down buildings or structures for purposes
other than immediate fire protection;
(5) Flushing gutters or permitting water to run or accumulate in any gutter or
street;
(6) In connection with stage 3 and stage 4 drought response stages, use of water
to fill, refill, or add to any indoor or outdoor swimming pools or hot tubs;
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(7) Use of water in a fountain or pond for aesthetic or scenic purposes except
where necessary to support aquatic and avian life; and
(8) Failure to repair a leak(s) within a reasonable period of time after having
been given notice directing the repair of such leak(s).
Per capita water use. A measure of water use for a city or other entity, expressed in
gallons per capita per day (gpcd). The measure compares water use to the number of
citizens in the area. The measure does not reflect the amount used on average by a
citizen.
Water Loss. Measured as the volume of water metered into the water distribution system
minus the volume billed for a given time period.
Secs.22.08.004-22.08.030 Reserved
Division 2. Water Conservation Plan
Sec. 22.08.031 Introduction
The city provides retail water service to city residents and also provides water on a
wholesale basis to additional political subdivisions located outside of the city limits. The
city directly influences the water use of its retail water users through the water
conservation measures discussed in this plan. The city requires each of its wholesale
customer's retail utility systems to implement conservation measures at least as stringent
as the city's conservation measures. The wholesale customers implement these measures
as a part of their respective retail water supply operations.
Sec. 22.08.032 Declaration of policy, purpose, and intent
In order to conserve the available water supply, the city adopts the following regulations
concerning water conservation through this article. Water uses regulated or prohibited
under this water conservation plan are considered to be discretionary and are deemed to
constitute a waste of water which subjects the offender(s) to penalties as defined
in section 22.08.046 of this plan.
Sec.22.08.033 Authorization
The city manager or his/her designee is authorized and directed to implement the
applicable provisions of this plan. The city manager or his/her designee will act as the
administrator of the plan, oversee the execution and implementation of the plan, and will
be responsible for keeping adequate records for program verification.
Sec. 22.08.034 Conservation goals
(a) The city's water conservation goals are to:
(1) Emphasize conservation in order to delay expensive water supply projects
as long as possible;
(2) Provide an adequate supply of suitable treated water to meet the needs of
its retail and wholesale customers; and
(3) Require its wholesale customers to adopt and implement water conservation
plans that will reduce their per capita water use rates.
(b) The city's wholesale customer water conservation program is predicated on the fact
that the implementation of conservation measures must occur largely at the local level.
Due to this fact, the city's wholesale program is focused on requiring initiatives by its
wholesale customers.
(c) TCEQ rules require that water conservation plans contain specific, quantifiable
five- and ten-year goals for use in gallons per capita per day. The goals established as
part of this plan are not enforceable. The gpcd calculation, as defined by TCEQ, is the
total average daily amount of water diverted or pumped for treatment by potable uses
divided by the population served.
(d) The city's annual average per capita per day usage declined by 27% over the past
eight years as depicted in the chart below. In order to determine these values, the city
uses total water pumped from all sources divided by the estimated city population as
determined by the city's planning department.
Year GPCD
2009 145
2010 141
2011 178
2012 152
2013 154
2014 141
2015 131
2016 132
2017 127
2018 130
(e) In order to set the city's new per capita goal for municipal water conservation,
baseline per capita water use was determined from the 10-year average per capita per day
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water use from 2009 to 2018 as determined by the city. This resulted in an average value
reflecting both wet and dry years. The average per capita use from 2009 to 2018 was 143
gpcd with a high of 178 gpcd in 2011 and a low of 127 gpcd in 2017. The goals for this
plan were developed utilizing a 0.5% per year reduction in per capita water use. This
results in a per capita goal for year 2024 of 139gpcd and a year 2029 goal of 136 gpcd,
using a five (5) year rolling average. This reflects a reduction of 0.5% per year from the
10-year average of 143 from 2009 to 2018.
(f) This methodology is similar to that used in the city's previous water conservation
plans. The former and current plans use a 0.5% per year reduction in per capita water use
goal. The new goals established under this revised plan are similar to those previously
established.
(g) In addition to the per capita water use goal above, the city has set a maximum water
loss goal of 10% for the retail water delivery system for both 2024 and 2029. This would
correspond to a loss rate of 13.9 gpcd in 2024 and 13.6 gpcd in 2029. This water loss goal
is a benchmark established by the American Water Works Association (AWWA).
Sec. 22.08.035 Metering water diverted from the source of supply
The city meters the amount of raw water pumped from the BCWF, Lake Alan Henry, and
from the CRMWA supply using meters that are maintained to record flow with an
accuracy of plus or minus 5.0%. The amount of water delivered to each wholesale water
customer is also metered by the city.
Sec. 22.08.036 Universal metering program
(a) Using meters that meet at least the minimum standards developed by the American
Water Works Association and with a metering accuracy range of plus or minus 5.0%, the
city individually meters all water usage, except that utilized for fire protection. Combined
with the city's computerized billing system, the city's universal metering program has a
water delivery accuracy rate of plus or minus 5%, which meets the TCEQ standards for
meter accuracy. The city encourages each wholesale water customer to meter all water
usage as well.
(b) The city uses a random sampling technique to test meter accuracy and to determine
when meters need to be repaired or replaced. The city randomly samples approximately
400 water meters each year. Depending on the results of this sample, additional sampling
may be done to target meters of a certain age or meters located within a certain
geographical portion of the city. Meters found to have an accuracy of less than plus or
minus 5% are either repaired or replaced as needed.
Sec. 22.08.037 Records management system
The city maintains a records management system which tracks the volume of water
pumped, water delivered to retail customers, water sold to wholesale customers, and the
volume of water losses. The city's utility billing database allows water sales and uses to
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be desegregated into the volume used by residential, commercial, public and institutional,
and industrial customers.
Sec. 22.08.038 Measures to control unaccounted-for uses of water
The city takes the appropriate steps to monitor and audit its water system for water loss in
an effort to conserve water, manages the replacement of old water lines that are prone to
leaks and breaks, investigates customer complaints of low pressure and possible leaks,
visually inspects suspected leaks, and tracks water delivery to customers to determine
illegal connections and abandoned service lines.
Sec. 22.08.039 Program for achieving water conservation goals
(a) The city has established goals, objectives and programs that support a standard for
water use. The city's water conservation program is comprised of four main strategies in
the following order of priority:
(1) Maintain a rate structure that encourages conservation;
(2) Reduce water loss within the City's distribution system;
(3) Educate the public and provide useful information; and
(4) Enforce irrigation and waste of water restrictions.
In addition, to these broad strategies, Section 6 of the City of Lubbock's 2018 Strategic
Water Supply flan (adopted by city council on January 22, 2019; Resolution No. 2019-
R0010), contains details regarding water conservation strategies the City is pursing and
considering.
(b) The city will evaluate and implement certain administrative changes to programs,
policies, and rules that support water conservation efforts. In 1992, the city moved from a
declining block rate to a uniform block rate. In 2007, the city passed a revised water rate
ordinance with an inclining block rate structure. In 2017, the city revised the residential
water rate ordinance with additional block rate structural changes that encourage water
conservation. The city also revised the water conservation plan in 2017 to include
mandatory "two day per week" irrigation of landscape. Other administrative changes
may include the continued review and revision of city codes to determine their effect on
the use of water and active enforcement of rules, codes, and regulations affecting water
use.
(c) In an effort to manage annual and maximum daily water use, the water
conservation program establishes the following water use standards for outdoor landscape
irrigation:
(1) Landscape irrigation is allowed to occur twice each week and only between
the hours of 6:00 p.m. to 10:00 a.m. from April 1st through September 30th.
Landscape irrigation from October 1 st through March 31 st shall not be limited to
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the hours of 6:00 p.m. to 10:00 a.m. so as to allow for irrigation during periods
when the ambient temperature rises above 357. Landscape irrigation year-round i
schedules are based on the last digit of the property address:
(A) Properties with an address ending in 0, 3, 4, or 9 may water on Monday and
Thursday.
(B) Properties with an address ending in 1, 5, or 6 may water on Tuesday and
Friday.
(C) Properties with an address ending in 2, 7, or 8 may water on Wednesday
and Saturday.
(D) No landscape irrigation is allowed on Sundays.
Commercial customers with larger landscapes may apply for a variance in the
event that they are unable to complete the necessary irrigation cycles during the
designated days and times.
(2) Summer irrigation should provide a maximum of 1.5 inches per zone per.
week.
(3) Winter irrigation may occur only when temperatures are above 35°F so as
not to cause a freezing hazard and should provide a maximum of 1.0 inch per
zone per month for dormant grasses (i.e. Bermuda) and 1.0 inch per zone every
two weeks for cool season grasses (i.e. Fescue).
(4) Irrigation should occur without water runoff. This may be accomplished by
correctly cycling the sprinkler system and allowing time for the water to soak into
the landscape between irrigation events.
(5) Handwatering for landscape irrigation purposes is allowed on a daily basis
regardless of the time of year and regardless of the time during the day.
(6) New plant material may be irrigated on a more frequent basis until the new
plant material is established as defined in section 22.03.133(a)(4) of this Code of
Ordinances related to the operation of irrigation systems.
(d) The city will sponsor programs to educate the public regarding water conservation
activities that support its goals. This includes educating the general public on the need for
and practices of water conservation through various social media outlets, public service
announcements, presentations to business groups, participation in home and garden
shows, coordination efforts with the Chamber of Commerce, West Texas Home Builders
Association, Lubbock Apartment Association, and supporting water conservation efforts
in the local education system at all grade levels.
(e) Structural changes that have been and may be adopted by the city are those
programs that result in a physical modification of water use devices or practices, such as
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landscape design and maintenance, rain and freeze sensors on automatic irrigation
systems, plumbing retrofit or rehabilitation programs, controlling water loss, and by
reusing treated wastewater and stormwater.
(f) In regards to the city's wholesale water customers, their retail utility systems are
separate from the city's retail water system; therefore, the city does not have the ability to
implement most of the water conservation items discussed above. The city encourages its
wholesale customers to implement these or other appropriate water conservation
measures as a part of their respective retail water supply operations.
Sec. 22.08.040 Water rate structure
The city has adopted a water rate structure which is non -promotional (see section
22.03.085 of this code).
Sec. 22.08.041 Reservoir operations plan
This requirement is not applicable to the city at this time. The city only owns and
operates one water supply reservoir, Lake Alan Henry, which is located on the South
Fork of the Double Mountain Fork of the Brazos River.
Sec. 22.08.042 Coordination with regional planning groups
The water service area of the city is located within Llano Estacado Regional Planning
Area (Region O) and the city has provided a copy of this plan to the Llano Estacado
Regional Water Planning Group to ensure consistency with the regional water plan.
Sec. 22.08.043 Leak detection/repair and water loss accounting program
(a) The city routinely monitors the water storage, delivery, and distribution system
components for leaks. Waterline leaks are detected by utility personnel while reading
meters, maintaining their water and wastewater systems, and while performing other
routine surveillance programs. Any reported leaks are repaired in a timely manner. The
wholesale water customers are responsible for managing their ongoing leak detections,
location, and repair programs.
(b) At a minimum, the city will conduct a water audit using the methodology outlined
by the TWDB every five years in accordance with current TWDB rules. Water audits
may be conducted on a more frequent basis if the city deems that action to be appropriate.
Sec. 22.08.044 Water supply contracts
(a) It is a mandatory requirement for the city to require wholesale customers with any
new or amended contracts or successor contracts to develop a water conservation plan.
Minimum plan requirements for municipal wholesale customers entering or renewing city
contracts include:
(1) A completed TCEQ utility profile;
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(2) Specific, quantified five-year and ten-year targets for water savings to
include goals for water loss programs and goals for municipal use, in
gallons per capita per day;
(3) Metering devices having accuracy within plus or minus 5 percent in order to
measure and account for the amount of water diverted from the supply
source;
(4) A program for universal metering of both customer and public uses of
water, for meter testing and repair, and for periodic meter replacement;
(5) Measures to determine and control unaccounted-for uses of water (for
example, periodic visual inspections along distribution lines, annual or
monthly audit of the water system to determine illegal connections,
abandoned services, etc.);
(6) A program of continuing public education and information regarding water
conservation;
(7)
A water rate structure which is not "promotional," meaning a rate structure �
which is cost -based and which does not encourage the excessive use of
water; i
(8) A reservoir systems operation plan, if applicable, providing for the
coordinated operation of reservoirs owned by the utility within a common
watershed or river basin in order to optimize available water supplies;
(9) A means of implementation and enforcement of conservation practices, as
evidenced by either:
(A) A copy of the ordinance, resolution, or tariff, indicating official
adoption of the water conservation plan by the customer; or
(B) A description of the authority by which the customer will
implement and enforce the water conservation plan; and
(10) Documentation of coordination with the regional water planning groups
for the service area of the customer in order to ensure consistency with the
appropriate regional water plans.
(b) Water conservation plan must include the following additional elements if the
customer serves, or plans to serve in the next 10 years, a population of 5,000 or greater:
(1) A program of leak detection, repair, and water loss accounting for the water
transmission, delivery, and distribution system in order to control
unaccounted-for uses of water;
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(2) A record management system to record water pumped, water deliveries,
water sales, and water losses which allows for the desegregation of water
sales and uses into the following user classes: residential, commercial,
public and institutional, and industrial; and
(3) For wholesale water customers, that they include a requirement that every
wholesale water supply contract entered into or renewed after official
adoption of the customer's water conservation plan, and including any
contract extension, that each successive wholesale customer develop and
implement a water conservation plan or water conservation measures
using the applicable TCEQ requirements.
(c) Other measures that the customer could adopt to meet the stated conservation goals
might include but are not limited to:
(1) Measurement and control of excessive pressure in the distribution system;
(2) Ordinances to promote efficiency and avoid water waste;
(3) Plumbing fixture replacement and retrofit programs;
(4) Other beneficial reuse of water such as grey water and rainwater harvesting
systems; and
(5) Other measures as may be applicable.
(d) All customer plans must be reviewed and approved by city council before water
sales contracts are signed.
Sec. 22.08.045 Revisions to the water conservation plan
The city shall review and update, as appropriate, the water conservation plan at least
every five (5) years, based on, in part, an assessment of the previous five- and ten-year
goals, new or updated information such as the adoption or revision of the regional water
plan, or changes in laws or regulations.
Sec. 22.08.046 Penalties for noncompliance with the water conservation plan
Any water customer or other user of the city's water supply that violates this water
conservation plan shall be guilty of a misdemeanor and subject to a penalty and fine as
set forth in section 1.01.004 of this code for each day of noncompliance. In addition:
(1) Service shall be discontinued to those customers who do not pay their water
bills until all required payments are made; and
(2) New water service taps will be provided to new construction and new
construction will be approved only if such construction conforms to
adopted ordinances.
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Secs.22.08.047-22.08.070 Reserved
Division 3. Drought and Emergency Contingency Plan
Sec. 22.08.071 Introduction
(a) A number of situations may limit the city's ability to deliver a sufficient amount of
water to meet the demands of all customers. In those instances, the city will take steps to
ensure that water is available for essential life and safety needs. This drought and
emergency contingency plan (the plan) is designed to address the following situations.
Reduction in available water supply up to a repeat of the drought of record;
(b) Water production or distribution limitations (peak water supply);
(c) Supply source contamination; and/or
(d) System outages.
(e) There are four stages to address drought and emergency conditions. Each stage has
triggers for initiation, for restrictions on water use to assist in reaching water use
reduction goals, and has provisions for rescinding the stage once the conditions that
caused the drought or emergency have ceased to exist. The stages are defined as:
(1)
Stage 1 - mild water shortage conditions.
(2)
Stage 2 - moderate water shortage conditions.
(3)
Stage 3 - severe water shortage conditions.
(4)
Stage 4 - emergency water shortage conditions.
Sec. 22.08.072 Declaration of policy, purpose, and intent
(a) In order to conserve the available water supply and/or to protect the integrity of
water supply facilities, with particular regard for domestic water use, sanitation, and fire
protection, and to protect and preserve public health, welfare, and safety and minimize
the adverse impacts of water supply shortage or other water supply emergency
conditions, the city adopts the following regulations and restrictions on the delivery and
consumption of water through this article.
(b) Water uses regulated or prohibited under this drought and emergency contingency
plan are considered to be nonessential and continuation of such uses during times of;
water shortage or other emergency water supply conditions are deemed to constitute a
waste of water which subjects the offender(s) to penalties as defined in section
22.08.083 of this plan.
Sec.22.08.073 Authorization
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The city manager or his/her designee, is hereby authorized and directed to implement the
applicable provisions of this plan upon determination that such implementation is
necessary to protect public health, safety, and welfare. The city manager, or his/her
designee, shall have the authority to initiate or terminate drought or other water supply
emergency response measures as described in this plan.
See. 22.08.074 Public involvement
Opportunity for the public and for the wholesale water customers to provide input into
the preparation of the plan was provided by the city by means of scheduling and
providing public notice of a public meeting to accept input on the plan held on July 8,
2010. The plan was adopted under the open meetings requirement of the TCEQ during
the July 22, 2010 city council meeting.
Sec. 22.08.075 Public and wholesale customer education
(a) The city will periodically provide the public and wholesale customers with
information about the plan, including information about the conditions under which each
stage of the plan is to be initiated or terminated and the drought response measures to be
implemented in each stage. This information will be provided to the public. The city will
periodically provide the public and wholesale customers with information about the plan,
including information about the conditions under which each stage of the plan is to be
initiated or terminated and the drought response measures to be implemented in each
stage. This information will be provided to the public by means necessary to educate and
provide information to the public, including but not limited to, public service
announcements, newspaper notices, utility bill inserts, and educational presentations.
(b) This information will be provided to the wholesale customers by providing them
with a copy of this plan.
Sec. 22.08.076 Coordination with regional water planning groups
The water service area of the city is located within the Llano Estacado Regional Water
Planning Area (Region O). The city has provided a copy of this plan to the Llano
Estacado Regional Water Planning Group to ensure consistency with the approved
regional water plan
Sec.22.08.077 Application
The provisions of this plan shall apply to all persons, customers, and property utilizing
water provided by the city, including the city's wholesale water customers. The terms
"person" and "customer" as used in the plan includes individuals, corporations,
partnerships, associations, and all other legal entities.
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Sec. 22.08.078 Triggering criteria for initiation and termination of drought
response stages
(a) The city manager, or his/her designee, shall monitor water supply and/or demand
conditions on a daily basis and shall determine when conditions warrant initiation or.
termination of each stage of the plan, that is, when the specified "triggers" are reached.
Public notification of the initiation or termination of drought response stages will be
made by publication in a newspaper of general circulation, public service
announcements, and/or signs posted in public places. Wholesale customer notification of
the initiation or termination of drought response stages will be made by email, mail, or
telephone.
(b) The triggering criteria below are based on an evaluation of the historical water
system capacities and customer use patterns, and consider the impact of drought,
emergencies, and high use upon capacities and patterns.
(1) Stage 1 - mild water shortage conditions.
(A) Requirements for initiation. Stage 1 of the plan shall be
implemented if any of the following conditions arise:
Daily water use exceeds 80% of the city's maximum daily supply
capacity from all sources for 10 consecutive days;
(B) Requirement for termination. Stage 1 restrictions may be rescinded
10 days after all initiation conditions have ceased to exist as
determined by the city manager or his/her designee.
(2) Stage 2 - moderate water shortage conditions.
(A) Requirements for initiation. Stage 2 of the plan shall be
implemented if any of the following conditions arise:
Daily water use exceeds 90% of the city's maximum daily supply
capacity from all sources for ten consecutive days;
(B) Requirement for termination. Stage 2 restrictions may be rescinded
10 days after all initiation conditions have ceased to exist as
determined by the city manager or his/her designee. When stage 2
is terminated, stage 1 automatically becomes effective.
(3) Stage 3 - severe water shortage conditions.
(A) Requirements for initiation. Stage 3 of the plan shall be
implemented if any of the following conditions arise:
Daily water use exceeds 100% of the city's maximum daily supply
capacity from all sources for five consecutive days;
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(B) Requirement for termination. Stage 3 restrictions may be rescinded
10 days after all initiation conditions have ceased to exist as
determined by the city manager or his/her designee. When stage 3
is terminated, stage 2 automatically becomes effective.
(4) Stage 4 - emergency water shortage conditions.
(A) Requirements for initiation. Stage 4 of the plan shall be
implemented if any of the following conditions arise:
(i) Daily water use exceeds 105% of the city's maximum daily
supply capacity from all sources for five consecutive days;
(ii) There has been a failure in a major water supply source or
system, such as the failure of a dam, storage reservoir,
pumping system, transmission pipeline, water treatment
facility, major power failure, or natural disaster that causes
a severe and prolonged limit on the ability of the water
supply system to meet the water supply demands; or
(iii) A water supply source has been contaminated.
(B) Requirement for termination. Stage 4 restrictions may be rescinded
after all initiation conditions have ceased to exist as determined by
the city manager or his/her designee. When stage 4 is terminated,
the city manager or his/her designee shall determine what stage is
applicable.
Sec. 22.08.079 Drought response stages
The city manager, or his/her designee, shall monitor water supply and/or demand
conditions and, in accordance with the triggering criteria set forth in section
22.08.078 above, shall determine that mild, moderate, or severe water shortage conditions
exist or that an emergency condition exists and shall implement the following actions.
The city shall notify the executive director of the TCEQ within five business days of the
implementation of any mandatory provisions of the plan.
( 1) Stage 1 - mild water shortage conditions.
(A) Target. Reduce water use to less than 80% of the city's maximum
daily supply capacity.
(B) Best management practices for supply management.
(i) The city may reduce or discontinue the flushing of water
mains as well as utilize reclaimed water for nonpotable
purposes where practicable.
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(ii) Wholesale customers are required in specific contract
provisions to implement these measures as well as any
other measures specified in the wholesale supply contract
to better manage a limited water supply. Contract
provisions requiring wholesale customers to implement
mandatory drought restrictions consistent with the city will
be added into any new contract or contract revision.
(C) Water use restrictions for reducing demand.
(i) Landscape irrigation is restricted to two days per week
between the hours of 9:00 p.m. and 9:00 a.m. Landscape
irrigation from October 1 st through March 3 l st shall not be
limited to the hours of 9:00 p.m. to 9:00 a.m. so as to allow
for irrigation during periods when the ambient temperature
rises above 35°F. Landscape irrigation schedules are based
on the last digit of the property address:
a. Properties with an address ending in 0, 3, 4, or 9 may
water on Monday and Thursday.
b. Properties with an address ending in 1, 5, or 6 may
water on Tuesday and Friday.
C. Properties with an address ending in 2, 7, or 8 may
water on Wednesday and Saturday.
Commercial customers with larger landscapes may apply
for a variance in the event that they are unable to complete
the necessary irrigation cycles during the designated days
and times.
(ii) Irrigation shall provide a maximum of 1.5 inches per zone
per week.
(iii) Irrigation shall occur without water runoff, which can be
accomplished by correctly cycling the sprinkler system and
allowing time for the water to soak into the landscape
between irrigation events.
(iv) All city operations shall adhere to the water use restrictions.
(v) Handwatering for landscape irrigation purposes is allowed
on a daily basis regardless of the time of year and
regardless of the time during the day.
(vi) New plant material may be irrigated on a more frequent
basis until the new plant material is established as defined
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in section 22.03.133(a)(4) of this Code of Ordinances
related to the operation of irrigation systems. Variances
shall not be granted for grasses used to overseed existing
lawns.
(vii) The city manager, or his/her designee, will contact
wholesale water customers to discuss water supply and/or
demand conditions and will request that wholesale water
customers initiate measures to reduce water use (i.e.,
implement stage 1 of the customer's drought contingency
plan).
(2) Stage 2 - moderate water shortage conditions.
(A) Target. Reduce water use to less than 90% of the city's maximum
daily supply capacity.
(B) Best management practices for a0ply mans ement.
(i) The city will reduce or discontinue the flushing of water
mains as well as utilize reclaimed water for nonpotable
purposes where practicable.
(ii) Wholesale customers are required in specific contract
provisions to implement these measures as well as any
other measures specified in the wholesale supply contract
to better manage a limited water supply. Contract
provisions requiring wholesale customers to implement
mandatory drought restrictions consistent with the city will
be added into any new contract or contract revision.
(C) Water use restrictions for reducing demand.
(i) Landscape irrigation is restricted to one day per week
between the hours of 8:00 p.m. and 8:00 a.m. Landscape
irrigation from October 1 st through March 31 st shall not be
limited to the hours of 8:00 p.m. to 8:00 a.m. so as to allow
for irrigation during periods when the ambient temperature
rises above 35°F. Landscape irrigation yearround schedules
are based on the last digit of the property address:
a. Properties with an address ending in 0 or 9 may
water on Monday.
b. Properties with an address ending in 1 may water on
Tuesday.
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(iv)
C. Properties with an address ending in 2 may water on
Wednesday.
d. Properties with an address ending in 3 or 4 may water
on Thursday.
e. Properties with an address ending in 5 or 6 may water
on Friday.
f. Properties with an address ending in 7 or 8 may water
on Saturday.
Commercial customers with larger landscapes may apply
for a variance in the event that they are unable to complete
the necessary irrigation cycles during the designated days
and times.
Irrigation shall provide a maximum of 1.0 inches per zone
per week.
Irrigation shall occur without water runoff, which can be
accomplished by correctly cycling the sprinkler system and
allowing time for the water to soak into the landscape
between irrigation events.
Water customers will limit aesthetic and nonessential water I
use as defined in section 22.08.003 of this Code of
Ordinances. Water shall not be used to wash down hard
surfaced areas, including, without limitation, sidewalks,
parking lots, gutters, and patios. Except where such action
is performed for health and safety reasons. Water shall not
be used for dust control. However, water may be used for
construction or to clean surfaces for painting.
(v) All city operations shall adhere to the water use restrictions.
(vi) Handwatering for landscape irrigation purposes is allowed
on a daily basis regardless of the time of year and
regardless of time of day.
(vii) New plant material may be irrigated on a more frequent
basis until the new plant material is established as defined
in section 22.03.133(a)(4) of this Code of Ordinances
related to the operation of irrigation systems. Variances
shall not be granted for grasses used to overseed existing
lawns.
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(viii) The city manager, or his/her designee, will request
wholesale water customers to initiate mandatory measures
to reduce nonessential water use (i.e., implement stage 2 of
the customer's drought contingency plan).
(3) Stage 3 - severe water shortage conditions.
(A) Target. Reduce water use to less than 100% of the city's maximum
daily supply capacity.
(B) Best management practices for supply management.
(i) The city will reduce or discontinue the flushing of water
mains as well as utilize reclaimed water for nonpotable
purposes where practicable.
(ii)
Wholesale customers are required in specific contract
provisions to implement these measures as well as any
other measures specified in the wholesale supply contract
to better manage a limited water supply. Contract
provisions requiring wholesale customers to implement
mandatory drought restrictions consistent with the city will
be added into any new contract or contract revision.
(C) Water use restrictions for reducing demand.
(i) Landscape irrigation shall not occur more than one day per
month and not for more than 1.5 inches per zone. The city
manager, or his/her designee, may designate the irrigation
schedule.
(ii) Irrigation shall occur without water runoff, which can be
accomplished by correctly cycling the sprinkler system and
allowing time for the water to soak into the landscape
between irrigation events.
(iii) Water customers will refrain from aesthetic and
nonessential water use as defined in section 22.08.003 of
this Code of Ordinances. Water shall not be used to wash
down hard surfaced areas, including, without limitation,
sidewalks, parking lots, gutters, and patios. Water shall not
be used for dust control. Pools and hot tubs may not be
filled or drained and refilled.
(iv)
Use of water from fire hydrants shall be limited to
firefighting or other related activities necessary to maintain
public health, safety, and welfare. Under the direction of
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the city manager, use of water from fire hydrants for
construction purposes may be allowed by permit.
(v) All city operations shall adhere to the water use restrictions.
(vi) Handwatering for landscape irrigation purposes is allowed
on a daily basis regardless of the time of year and
regardless of time of day.
(vii) The city manager, or his/her designee, will contact
wholesale water customers to discuss water supply and/or
demand conditions and will request that wholesale water
customers initiate additional mandatory measures to reduce
nonessential water use (i.e., implement stage 3 of the
customer's drought contingency plan).
(4) Stage 4 - emergency water shortage conditions.
(A) Target. Reduce water use to less than 50% of the city's maximum
daily supply capacity.
(B) Best management practices for supply management.
(i) The city will discontinue the flushing of water mains,
discontinue the irrigation of public landscaped areas, and
will utilize reclaimed water for nonpotable purposes where
practicable.
(ii) In addition, in the event of a large-scale system failure or if
the source water supply is contaminated, the city may truck
in additional fresh water supplies as appropriate.
(iii) Wholesale customers are required in specific contract
provisions to implement these measures as well as any
other measures specified in the wholesale supply contract
to better manage a limited water supply. Contract
provisions requiring wholesale customers to implement
mandatory drought restrictions consistent with the city will
be added into any new contract or contract revision.
(C) Water use restrictions for reducing demand.
(i) All aesthetic and nonessential water use, as defined in section
22.08.003 of this Code of Ordinances, including landscape
irrigation use, is prohibited except where necessary to
protect the health, safety, and welfare of the public. No new
landscape material may be installed.
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(ii) All city operations will adhere to the water use restrictions.
(iii) The city may reduce water system pressure to conserve
water.
(iv) All wholesale water customers will be encouraged to
implement stage 4 of their drought contingency plans.
(D) In addition, whenever emergency water shortage conditions exist as
defined in section 22.08.078 of this Code of Ordinances, the city
manager, or his/her designee(s), shall:
(i) Assess the severity of the problem and identify the actions
needed and the time required to solve the problem;
(ii) Inform the utility director or other responsible official of
each wholesale water customer by telephone, email, or in
person and suggest actions, as appropriate to alleviate
problems (i.e., notification of the public to reduce water use
until service is restored);
(iii) If appropriate, notify city, county, and/or state emergency
response officials for assistance;
(iv) Undertake necessary actions, including repairs and/or clean-
up as needed; and
(v) Prepare a post -event assessment report on the incident and
critique of emergency response procedures and actions.
Sec. 22.08.080 Coordination with the Canadian River Municipal Water Authority
The city is a wholesale water customer of the Canadian River Municipal Water Authority
(CRMWA), and as such must coordinate any drought responses with CRMWA. The city
will periodically consult with CRMWA concerning supplies available to the city and at
the request of CRMWA enact additional drought conservation measures if so directed by
CRMWA.
Sec. 22.08.081 Revisions to the drought and emergency contingency plan
The city shall review and update, as appropriate, the drought and emergency contingency
plan at least every five (5) years based, in part, on new or updated information, such as
the adoption or revision of the regional water plan.
Sec. 22.08.082 Pro rate water allocation
In the event that the triggering criteria specified in section 22.08.078 of the plan for stage
4 - emergency water shortage conditions have been met, the city manager, or his/her
W
designee, is hereby authorized to initiate allocation of water supplies on a pro rata basis in
accordance with Texas Water Code section 11.039. A provision shall be included in
every wholesale water contract entered into or renewed after adoption of the plan,
including contract extensions, that in case of a shortage of water resulting from drought,
the water to be distributed shall be divided in accordance with Texas Water Code section
11.039.
Sec.22.08.083 Enforcement
(a) Any water customer or other user of the city's water supply who violates the
drought and emergency contingency plan shall be guilty of a misdemeanor and subject to
a penalty and fine as set forth in section 1.01.004 of this code for each day of
noncompliance. In addition, in the event: (1) the failure to comply with this article creates
an imminent threat to public health, safety, or welfare; or (2) the subject person is
convicted of three or more distinct violations (as opposed to consecutive multiple day
events of the same violation) within a one-year period, the city, after ten-day's notice and
opportunity to cure the violation, may discontinue water service until such time as the
user shall be in compliance with this article and, in the case of disconnection due to an
imminent health, safety, or welfare threat, pay the required charges and fees for
reconnection or, in the case of disconnection due to three or more distinct violations
within a one-year period, pay the required charges and fees for reconnections and provide
suitable assurance to the city manager that the same action will not be repeated while the
subject stage of the drought and emergency contingency plan is in effect.
(b) Any person in apparent control of the property where a violation occurs or
originates shall be presumed to be the violator and proof thereof shall constitute a
rebuttable presumption that the person in apparent control of such property committed the
violation.
See.22.08.084 Variances
(a) The city water board of appeals, as established in article 2.03, division 11 of this
code, may grant, in writing, a temporary variance for existing water uses otherwise
prohibited under the drought and emergency contingency plan if it is determined that
failure to grant such variance would cause an emergency condition adversely affecting
the health, sanitation, or fire protection for the public or the person requesting such
variance and if one or more of the following conditions are met:
(1) Compliance with this plan cannot be technically accomplished during the
duration of this water supply shortage or other condition for which the
plan is in effect.
(2) Alternative methods can be implemented which will achieve the same level
of reduction in water use.
(b) Persons requesting an exemption from the provisions of this plan shall file a
petition for variance with the water board of appeals. All petitions for variances shall be
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f
i
reviewed by the water board of appeals and shall include, in addition to the information I
provided in article 2.03, division 11 of this code, the following: i
(1) Name and address of the petitioner;
(2) Purpose of water use;
(3) Specific provision(s) of this plan from which the petitioner is requesting
relief;
(4) Detailed statement with supporting data and information as to how the
specific provision(s) of this plan adversely affects the petitioner or what
damage or harm will occur to the petitioner or others if petitioner complies
with this article;
(5) Description of the relief requested;
(6) Period of time for which the variance is sought;
(7) Alternative measures the petitioner is taking or proposes to take to meet the
intent of this plan and the compliance date; and
(8) Other pertinent information.
(c) Variances granted by the water board of appeals shall be subject to the following
conditions, unless waived or modified by the water board of appeals.
(1) Variances granted shall include a timetable for compliance.
(2) Variances granted shall expire on the earlier to occur of:
(A) The scheduled expiration;
(B) When the drought and emergency contingency plan is no longer in
effect; and
(C) The date upon which the petitioner has failed to meet specified
requirements.
(d) No variance shall be retroactive or otherwise justify any violation of this plan
occurring prior to the issuance of the variance.
Secs.22.08.085-22.08.100 Reserved
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Division 4. Irrigation Water Conservation Plan
Sec.22.08.101 General
The city owns Water Right No. 3985 in order to land apply sewage effluent from the
city's wastewater treatment plant. The permit allows the city to use up to 18,430 acre-feet
per year to irrigate 10,000 acres of land. The TCEQ requires a holder of an irrigation
right greater than 10,000 acre-feet/year to develop an irrigation water conservation plan.
This system is designed for inefficiency in order to ensure that the greatest volume of
wastewater possible can be disposed of through this method. Consequently, a water
conservation plan is not applicable in this circumstance.
Sec. 22.08.102 Land application site
The city currently has two land application sites. The Lubbock Land Application Site,
located east of the city, encompasses 6,000 acres with 2,500 acres irrigated by center
pivot systems. The Hancock Land Application Site, located southeast of the city,
encompasses 4,000 acres with 2,500 acres irrigated by center pivot systems. Effluent
from the Southeast Water Reclamation Plant is used to irrigate crops such as wheat, jose
wheat, bermuda, and rye. A 412 million gallon storage reservoir allows the site to store
and distribute treated effluent to 31 center pivot sprinkler systems as needed. Irrigation
practices are designed to prevent contamination of surface and groundwater in the area.
Sec.22.08.103 Goals
The city's current and future goals for this system are to be able to dispose of the total
wastewater volume necessary through this system and to not implement any water
conserving devices or practices for this system. The city monitors the delivery system for
any leaks by visually inspecting the system on a regular basis, and all leaks are repaired
in a timely manner.
SECTION 2. THAT Should any paragraph, sentence, subdivision, clause, phrase, or
section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same
shall not affect the validity of this ordinance as a whole or any part or provision thereof, other
than the part so declared to be invalid, illegal, or unconstitutional.
SECTION 3. THAT the City Secretary
authorized and directed to cause publication of the
alternative means of publication provided by law.
2
of the City of Lubbock, Texas, is hereby
descriptive caption of this Ordinance as an
AND IT IS SO ORDERED.
Passed by the City Council on first reading on the 9th day of April , 2019.
Passed by the City Council on second reading on the 23rd day of April , 2019.
DANIEL M. POPE, MAYOR
ATTEST:
Rebeea.a!m, City Secrt�
APPROVED AS TO CONTENT:
Aubrey A. Spe , .E., Director & Water Utilities
APPROVED AS TO FORM:
eputy C orney
Wolfer e Management Plan 2019 ORD
26