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O-2332-9-04ORDINANCE NO. 2332-9-04 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ADOPTING A WATER CONSERVATION PLAN FOR THE CITY OF ALLEN TO PROMOTE RESPONSIBLE USE OF WATER; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OR FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR OFFENSES; PROVIDING FOR THE DISCONNECTION OF WATER SERVICE FOR NONCOMPLIANCE WITH THE PROVISIONS OF THE WATER CONSERVATION PLAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Allen, Texas (the "City"), recognizes that the amount of water available to its water customers is limited; and, WHEREAS, the City recognizes that due to natural limitations, drought conditions, system failures and other acts of God which may occur, the City cannot guarantee an uninterrupted water supply for all purposes at all times; and, WHEREAS, the Water Code and the regulations of the Texas Commission on Environmental Quality (the "Commission") require that the City adopt a Water Conservation Plan; and, WHEREAS, the City has determined an urgent need in the best interest of the public to adopt a Water Conservation Plan; and, ' WHEREAS, pursuant to Chapter 54 of the Local Government Code, the City is authorized to adopt such Ordinances necessary to preserve and conserve its water resources; and, WHEREAS, the City Council of the City of Allen desires to adopt the North Texas Municipal Water District (the "NTMWD") Model Water Conservation Plan as official City policy for the conservation of water. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS: SECTION 1. The City Council hereby approves and adopts the NTMWD Model Water Conservation Plan (the "Plan'), attached hereto as Addendum A, as if recited verbatim herein. The City commits to implement the requirements and procedures set forth in the adopted Plan. SECTION 2. The NTMWD Model Water Conservation Plan is hereby supplemented by addition of the following provisions: (1) Section 1. INTRODUCTION AND OBJECTIVES. ]Atter the last paragraph on page 1-2, add the following as new paragraphs.] "Definitions: City Manager means the City Manager of the City of Allen, Texas, or designee. ' Director of Community Services means the Director of Community Services of the City of Allen, Texas, or designee. The Chief Building ficial means the Chief Building Official of the City of Allen, Texas. The Director of Planning means the Director of Planning and Development of the City of Allen, Texas, or designee. ' Wholesale customers purchase water at a discounted rate either directly from NTMWD or from a NTMWD water system member City. Allen is a wholesale customer of NTMWD. Allen does not have any wholesale customers on its water system. Responsibilities: (a) The Director of Community Services is responsible for: • Advising the City Manager in issues related to water conservation. • Developing and maintaining this City water conservation plan in consonance with the most current NTMWD model and TCEQ guidelines and policies. • Implementing programs to reduce and control water loss, calculating and reporting unaccounted for water, and keeping water loss under 12%. Intensifying water loss control programs should water loss exceed 12%. • Implementing a landscape water management program (see Section 8.4 and Appendix E). • Developing and presenting water conservation educational and informational programs. • Developing water conservation promotional activities including a water conservation ' incentive (rebate) program (see Section 8.4). The incentive program is intended to assist water customers in funding the future retrofit of water conserving fixtures, devices, appliances, and for the installation of drought tolerant and low water use landscaping in lieu of the typical north Texas high water use landscaping. • Assuring that City ordinances and educational materials are maintained to continue to support future revisions to the NTMWD Model Water Conservation Plan, TCEQ guidelines, and legislative mandate. • Preparing and submitting all the required reports, water utility profiles, and tabular materials related to water conservation in the formats and media as required by the NTMWD Water Conservation and Drought Contingency Plan and/or TCEQ. • Continuing the City's water and sewer fund financial programming to support a 10 -year residential meter replacement cycle and conducting a regular large meter testing program on no less than a 5 -year cycle. • Supporting the City's goal of reducing gallons per capita per day (gpcd) by 5% in five (5) years and 10% in ten (10) years. • Assuring the City continues its program of universal metering and billing. • Developing a system specific strategy to conserve water during peak demands to reduce ' peak use. • Assuring that the City water billing/records management system includes water usage classes and capabilities to sort/separate differing classes and categories of water usage as required by the NTMWD model plan. Ordinance No. 2332-9-04, Page 2 • Completing and submitting the annual water conservation report to NTMWD. ' • Developing/maintaining a minimum three-tier residential water rate structure and a two- tier commercial/industrial rate structure. o Upon conduct of the next formal rate study or within five years, which ever comes first, correct our rate current structure to assure that the base charges between tiers is from 1.25 to 2.0 times the cost of the next lower tier. Currently our cost tiers do not meet the 1.25 model plan guidance. o Upon conduct of the next formal rate study or within five years, which ever comes first, correct our commercial/industrial rates to include a new second tier that is from 1.25 to 2.0 times the cost of the next lower tier. Currently we have just one commercial/industrial rate for all use. • Providing the City's water conservation plan and proposed revisions to NTMWD for comment. Providing NTMWD and the Chair of the Region C water planning group the City's adopted water conservation ordinance. (b) The Chief Building Official is responsible for: • As part of the building permit and building inspection programs, enforcing requirements of the landscape water management regulation (Appendix E) that requires landscape irrigation system design in accordance with state design and installation requirements and inclusion of freeze and rain sensors on all new irrigation systems. This requires ' irrigation system design submission by builders for review by the building official staff and inspection of the irrigation systems as part of the building inspection program. • Enforcing through the Code Enforcement Staff the time of day restrictions on landscape irrigation, irrigation system maintenance requirements, prohibitions on watering during the min or in freezing weather, and prohibitions on irrigation system water waste found in the water conservation and landscape water management plans. This responsibility moves to the Chief of Planning and Development on October 1, 2004, when the Code Enforcement Division is realigned to be under the Planning Department. At the time of Code Enforcement realignment, the Director of Planning assumes this responsibility." (2) Section 8.4. Considerations for Landscape Water Management Regulation (Optional) and Appendix E, Considerations for Landscape Water Management Regulations (Optional). [As part of this ordinance, the City of Allen is adopting the provisions of Section 8.4 on pages 8-1 and 8-2, and Appendix E on pages E-1 and E-2. However, as a departure from this optional portion: a. The City recommends, not requires, that existing landscape irrigation systems be retrofitted with rain and freeze sensors. This is because citizens and businesses can avoid watering in rain or freezing weather without installation of these devices. This provision does not imply that anyone is exempt from enforcement of provisions concerning over -watering, watering during the rain, or watering during freezing weather. The City will include rebates for installation of rain and freeze sensors on ' existing systems in its Water Conservation rebate program as an encouragement for installing the devices. b. When enforcing the provisions concerning the overflow of irrigation water from landscaping into a street or other drainage area, the Code Enforcement Staff will take Ordinance No. 2332-9-04, Page 3 II 1 into consideration the more frequent watering requirements needed to successfully establish new landscaping in the north Texas climate.] SECTION 3. Any customer, defined pursuant to 30 Tex. Admin. Code Chapter 291, failing to comply with the provisions of the Plan shall be subject to a fine of up to two thousand dollars ($2,000) and/or discontinuance of water service by the City. Proof of a culpable mental state is not required for a conviction of an offense under this section. Each day a customer fails to comply with the Plan is a separate violation. The City's authority to seek injunctive or other civil relief available under the law is not limited by this section. SECTION 4. The City Council does hereby find and declare that sufficient written notice of the date, hour, place and subject of the meeting adopting this Ordinance was posted at a designated place convenient to the public for the time required by law preceding the meeting, that such place of posting was readily accessible at all times to the general public, and that all of the foregoing was done as required by law at all times during which this Ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the posting thereof. SECTION 5. Should any paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected. SECTION & The City Manager or designee is hereby directed to file a copy of the Plan and this Ordinance with the Commission in accordance with Title 30, Chapter 288 of the Texas Administrative Code. SECTION 7. This ordinance shall take effect immediately from and after its passage and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY TEXAS, ON THIS le DAY OF SEPTEMBER, 2004. APPROVED AS TO FORM: Peter G. Smith, CITY ATTORNEY F41179:10111Aal 1A z Stephen errell, MAYOR ATTEST: Shelley 3. George, C, CITY SECRETARY Ordinance No. 2332-9-04, Page 4 c.: )K-,. t: .* STEPHANIE W. GRIFFIN 8/�6/oq W. Griffin, P.E. �..............:..� THOMAS C OOOOH �� C / y SONS i (� Thomas C. Gooch, P.E NTD03301 WCF 03-7 MODEL WATER CONSERVATION PLAN FOR NORTH TEXAS MUNICIPAL WATER DISTRICT MEMBER CITIES AND CUSTOMERS AUGUST 10, 2004 Prepared for: NORTH TEXAS MUNICIPAL WATER DISTRICT Prepared by: Freese and Nichols, Inc. 4055 International Plaza Suite 200 Fort Worth, TX 76109 817/735-7300 ACKNOWLEDGEMENTS This model water conservation plan was prepared by Freese and Nichols for the North Texas Municipal Water District (NTMWD). It is intended to be used by NTMWD member cities and customers as they develop their own water conservation plans. The model plan was prepared pursuant to Texas Commission on Environmental Quality rules. Some material is based on the existing water conservation plans listed in Appendix A. To develop a regional approach, the conservation plans for the City of Fort Worth and the City of Dallas were used extensively. Questions regarding this model water conservation plan should be addressed to the following: Tom Gooch, P.E. Stephanie Griffin, P.E. Denise Hickey Freese and Nichols, Inc. Freese and Nichols, Inc. North Texas Municipal (817) 735-7300 (817) 735-7300 Water District tcH@freese.com swe@freese.com (972)442-5405 Dhickey@ntmwd.com Model Water Conservation Plan N7MWD Member Cities and TABLE OF CONTENTS 1. INTRODUCTION AND OBJECTIVES ........................ »....... » ................. _.......... 1-1 2. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES ..... ...... 2-1 3. WATER UTILITY PROFILE ......... .............. _....._................_.._.........._..._..._...3-1 4. SPECIFICATION OF WATER CONSERVATION GOALS ... ................ »......4-1 5. METERING, WATER USE RECORDS, CONTROL OF UNACCOUNTED WATER, AND LEAK DETECTION AND REPAIR ................. ......... .... ......... 5-1 5.1 Accurate Metering of Treated Water Deliveries from NTMWD...................5-1 5.2 Metering of Customer and Public Uses and Meter Testing, Repair, and Replacement................................................................................................... 5-1 5.3 Record Management System..........................................................................5-1 5.4 Determination and Control of Unaccounted Water........................................5-1 5.5 Leak Detection and Repair.............................................................................5-2 5.6 Monitoring of Effectiveness and Efficiency - Annual Water Conservation 6. CONTINUING PUBLIC EDUCATION AND INFORMATION CAMPAIGN 6-1 7. WATER RATE STRUCTURE ........................................ _... _.._.._......... .......... ... 7-1 8. OTHER WATER CONSERVATION MEASURES ........... ........................ _...».8-1 8.1 NTMWD Reservoir System Operation Plan ..................................................8-1 8.2 Reuse and Recycling of Wastewater..............................................................8-1 8.3 Ordinances, Plumbing Codes, or Rules on Water -Conserving Fixtures ........ 8-1 8.4 Considerations for Landscape Water Management Regulations (Optional).. 8-1 8.5 Requirement for Water Conservation Plans by Wholesale Customers .......... 8-2 8.6 Coordination with Regional Water Planning Group and NTMWD...............8-2 9. IMPLEMENTATION AND ENFORCEMENT OF THE WATER CONSERVATION PLAN ....................... »................ »........ _.................................. 9.1 Model Water Conservation Plan NTMWD Member Cities and Customers APPENDICES APPENDIX A List of References APPENDIX B Texas Commission on Environmental Quality Rules on Municipal Water Conservation Plans • Texas Administrative Code Title 30, Part 1, Chapter 288, Subchapter A, Rule §288.1— Definitions (Page B-1) • Texas Administrative Code Title 30, Part 1, Chapter 288, Subchapter A, Rule §288.2 — Water Conservation Plans for Municipal Uses by Public Water Suppliers (Page B-4) APPENDIX C Form for Water Utility Profile APPENDIX D Water Conservation Report APPENDIX E Considerations for Landscape Water Management Regulations (Optional) APPENDIX F Letters to Region C and Region D Water Planning Groups APPENDIX G Adoption of Water Conservation Plan • Municipal Ordinance Adopting Water Conservation Plan • Municipal Utility District Order Adopting Water Conservation Plan • Special Utility District Order Adopting Water Conservation Plan • Water Supply Corporation Resolution Adopting Water Conservation Plan APPENDIX H Illegal Water Connections and Theft of Water • Municipal Ordinance Pertaining to Illegal Water Connections and Theft of Water • Municipal Utility District Order Pertaining to Illegal Water Connections and Theft of Water • Special Utility District Order Pertaining to Illegal Water Connections and Theft of Water • Water Supply Corporation Resolution Pertaining to Illegal Water Connections and Theft of Water Model Water Conservation Plan NTMWD Member Cities and Customers Model Water Conservation Plan for North Texas Municipal Water District Member Cities and Customers AUGUST 2004 1. INTRODUCTION AND OBJECTIVES Water supply has always been a key issue in the development of Texas. In recent years, the growing population and economic development of North Central Texas have led to increasing demands for water supplies. At the same time, local and less expensive sources of water supply are largely developed. Additional supplies to meet higher demands will be expensive and difficult to develop. It is therefore important that we make efficient use of our 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 plans for public water suppliers t. TCEQ guidelines and requirements are included in Appendix B. The North Texas Municipal Water District (NTMWD) has also developed this model water conservation plan for its member cities and customers following TCEQ guidelines and requirements. The objectives of this water conservation plan are as follows: • To reduce water consumption from the levels that would prevail without conservation efforts. • To reduce the loss and waste of water. • To improve efficiency in the use of water. • To document the level of recycling and reuse in the water supply. • To extend the life of current water supplies by reducing the rate of growth in demand. The water conservation plan presented in this document is a model water conservation plan intended for adoption by the NTMWD member cities and customers. In order to adopt this plan, each member city and customer will need to do the following: • Complete the water utility profile (provided in Appendix C). • Set five- and ten-year goals for per capita water use. Adopt ordinance(s) or regulation(s) approving the model plan. t Superscripted numbers match references listed in Appendix A. iModel Water Conservation Plan NTMWD Member Cities and Customers 1 The water utility profile, goals, and ordinance(s) or regulations should be provided to 1 NTMWD in draft form for review and comments. Final adopted versions should also be provided to NTMWD. 1 This model plan includes all of the elements required by TCEQ. Some elements of this model plan go beyond TCEQ requirements, and member cities and customers can be flexible in their implementation. The following elements are recommended for inclusion in 1 the water conservation plan but are not required: landscape water management plan and 1 12% goal for unaccounted water. (he goal for unaccounted water might be higher for [ural systems.) 1 Any city wishing to adjust other elements of the plan should coordinate with NTMWD. i 1-2 Model Water Conservation Plan NTMWD Member Cities and Customers 2. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES The TCEQ Hiles 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 '." The elements in the TCEQ water conservation Hiles covered in this conservation plan are listed below. Minimum Conservation Plan Requirements The minimum requirements in the Texas Administrative Code for Water Conservation Plans for Public Water Suppliers are covered in this report as follows: • 288.2(a)(1)(A) — Utility Profile — Section 3 and Appendix C • 288.2(a)(1)(B) — Specification of Goals — Section 4 • 288.2(a)(IXC) — Accurate Metering— Sections 5.1 and 5.2 • 288.2(a)(l)(D)—Universal Metering — Section 5.2 • 288.2(a)(1)(E) — Determination and Control of Unaccounted Water — Section 5.4 • 288.2(a)(1)(F) — Public Education and Information Program — Section 6 • 288.2(a)(1)(G) — Non -Promotional Water Rate Sticture — Section? • 288.2(a)(1)(H) — Reservoir System Operation Plan — Section 8.1 288.2(a)(1)(I) — Means of Implementation and Enforcement — Section 9 • 288.2(a)(1)(J) — Coordination with Regional Water Planning Group — Section 8.6 and Appendix F ■ Conservation Additional Requirements (Population over 5.000) The Texas Administrative Code includes additional requirements for water conservation plans for cities with a population over 5,000: ' 288.2(a)(2)(A) — Leak Detection, Repair, and Water Loss Accounting — Sections 5.4, 5.5, and 5.6 • 288.2(a)(2)(B) — Record Management System — Section 5.3 • 288.2(a)(2)(C) — Requirement for Water Conservation Plans by Wholesale Customers — Section 8.5 1 2-1 Model Water Conservation Plan NTMWD Member Cities and Customers Additional Conservation Strateeies TCEQ rules also list additional optional but not required conservation strategies, which may be adopted by suppliers. The following optional strategies are included in this plan: • 288.2(a)(3)(A) — Conservation Oriented Water Rates — Section 7 • 288.2(a)(3)(B) — Ordinances, Plumbing Codes or Rules on Water -Conserving Fixtures — Section 8.3 • 288.2(a)(3)(D) — Reuse and Recycling of Wastewater — Section 8.2 • 288.2(a)(3)(F) — Considerations for Landscape Water Management Regulations — Section 8.4 and Appendix E • 288.2(a)(3)(G) — Monitoring Method — Section 5.6 iF Model Water Conservation Plan NTMWD Member Cities and Customers 3. WATER UTILrrY PROFILE ' Appendix C to this water conservation plan is a sample water utility profile based on the format recommended by the TCEQ. In adopting this model water conservation plan, each ' member city and customer will provide a draft water utility profile to NTMWD for review and comment. A final water utility profile will be provided to NTMWD. 1 t 1 ' 3-I ' Model Water Conservation Plan NPMWD Member Cities and Customers 4. SPECIFICATION OF WATER CONSERVATION GOALS ' Current TCEQ riles require the adoption of specific water conservation goals for a water conservation plan. As part of plan adoption, each member city and customer will develop 5 - year and 10 -year goals for per capita municipal use, following TCEQ procedures described in the water utility profile (Appendix Q. These goals should be submitted to NTMWD in draft form for review. The goals for this water conservation plan include the following: t Keep the per capita municipal water use below the specified amount in gallons per capita per day in a dry year, to be shown on the completed Table C-1 (5 -year and 10 - year goals). ' Keep the level of unaccounted water in the system below 12% annually in 2008 and subsequent years, as discussed in Section 5.4. (The 12% goal for unaccounted water is recommended but is not required. Systems with long distances between ' customers may adopt a higher unaccounted water goal.) • Implement and maintain a program of universal metering and meter replacement and ' repair, as discussed in Section 5.2. • Decrease waste in lawn irrigation by implementation and enforcement of landscape water management regulations, as discussed in Section 8.4. (The landscape water ' management regulations are recommended but are not required.) • Raise public awareness of water conservation and encourage responsible public ' behavior by a public education and information program, as discussed in Section 6. • Develop a system specific strategy to conserve water during peak demands, thereby ' reducing the peak use. 4-1 1 ' Model Water Conservation Plan NTMWD Member Cities and Customers 5. METERING, WATER USE RECORDS, CONTROL OF UNACCOUNTED WATER, AND LEAK DETECTION AND REPAIR One of the key elements in water conservation is careful tracking of water use and control of losses through illegal diversions and leaks. Careful metering of water deliveries and water ' use, detection and repair of leaks in the distribution system and regular monitoring of unaccounted water are important in controlling losses. '5.1 Accurate Metering of Treated Water Deliveries from NTMWD ' NTMWD supplies all of the water used by its member cities and customers. Water deliveries are metered by NTMWD using meters with accuracy of t2%. These meters are calibrated on a monthly basis by NTMWD to maintain the required accuracy. 5.2 Metering of Customer and Public Uses and Meter Testing, Repair, and Replacement ' All customers of member cities and customers, including public and governmental users, should be metered. In many cases, member cities and customers already meter all of their water users. For those member cities and customers who do not currently meter all of their ' water uses, these entities will implement a program to meter all water uses within the next three years. Most member cities and customers test and replace their customer meters on a regular basis. All customer meters should be replaced on a 15 -year cycle. Those who do not currently have a meter testing and replacement program will implement such a program over the next ' three years. 5.3 Record Management System 1 As required by TAC Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.2(a)(2)(B), the record management system allows for the separation of water sales and uses into residential, ' commercial, publichnstitutional, and industrial categories. This information will be included in an annual water conservation report, as described in Section 5.6 below. ' For those entities whose record management systems do not currently allow for the separation of water sales as described above, they will move to implement such a system within the next five years. 5.4 Determination and Control of Unaccounted Water Unaccounted water is the difference between water delivered to member cities and customers from NTMWD and metered deliveries to customers plus authorized but unmetered uses. (Authorized but unmetered uses would include use for fire fighting, ' releases for flushing of lines, and uses associated with new construction.) Unaccounted water can include several categories: 5-1 Model Water Conservation Plan NTMWD Member Cities and Customers Inaccuracies in customer meters. (Customer meters tend to run more slowly as they age and under -report actual use.) • Accounts which are being used but have not yet been added to the billing system. • Losses due to water main breaks and leaks in the water distribution system. • Losses due to illegal connections and theft. (Included in Appendix H.) Other. Measures to control unaccounted water are part of the routine operations of member cities and customers. Maintenance crews and personnel are asked to look for and report evidence of leaks in the water distribution system. The leak detection and repair program is described in Section 5.5 below. Meter readers are asked to watch for and report signs of illegal connections, so they can be addressed quickly. Unaccounted water is to be calculated in Appendix C. With the measures described in this plan, member cities and customers intend to maintain the unaccounted water below 12% in 2008 and subsequent years. If unaccounted water exceeds this goal, the member city or customer will implement a more intensive audit to determine the source(s) of and reduce the unaccounted water. The annual conservation report described below is the primary tool used to monitor unaccounted water. 55 Leak Detection and Repair As described above, city crews and personnel are asked to look for and report evidence of leaks in the water distribution system. Areas of the water distribution system in which numerous leaks and line breaks occur are targeted for replacement as funds are available. 5.6 Monitoring of Effectiveness and Efficiency - Annual Water Conservation Report Appendix D is a form that will be used in the development of an annual water conservation report for member cities and customers. This form will be completed by Match 31 of the following year and will be used to monitor the effectiveness and efficiency of the water conservation program and to plan conservation -related activities for the next year. The form records the water use by category, per capita municipal use, and unaccounted water for the current year and compares them to historical values. The annual water conservation report will also be sent to NTMWD, which will monitor regional water conservation trends. 1 Model Water Conservation Plan NTMWD Member Cities and Customers 1 6. CONTINUING PUBLIC EDUCATION AND INFORMATION CAMPAIGN 1 The continuing public education and information campaign on water conservation includes the following elements: 1 Insert water conservation information with water bills. Inserts will include material developed by member cities' and customers' staff and material obtained from the TWDB, the TCEQ, and other sources. 1 Encourage local media coverage of water conservation issues and the importance of water conservation. Notify local organizations, schools, and civic groups that member city or customer 1 staff and staff of the NTMWD are available to make presentations on the importance of water conservation and ways to save water. 1 • Make the Texas Smartscape CD, water conservation brochures, and other water conservation materials available to the public at City Hall and other public places. Make information on water conservation available on its website (if any) and include 1 links to the Teras Smartscape website and to information on water conservation on the TWDB and TCEQ web sites. 1 As NTMWD "Learning a regional water supplier, the has made the to Be Water Wise' educational materials for 5" grade students available to local school districts. This program 1 contains individual kits and activities to educate students on the importance of water and water conservation activities in the community and in their homes. Il II 1 �1 1 1 1 6-1 '1 I 1 Model Water Conservation Plan 7. WATER RATE STRUCTURE NTMWD Member Cities and Customers Member cities and customers will adopt, if they have not already done so, an increasing block rate water structure that is intended to encourage water conservation and discourage excessive use and waste of water upon completion of the next rate study or within five years. An example water rate structure is as follows: Residential Rates 1. Monthly minimum charge. This can (but does not have to) include up to 2,000 gallons water use with no additional charge. 2. Base charge per 1,000 gallons up to the approximate average residential use. 3. 2nd tier (from the average to 2 times the approximate average) at 1.25 to 2.0 times the base charge. 4. 3" tier (above 2 times the approximate average) at 1.25 to 2.0 times the 2"d tier. 5. The residential rate can also include a lower tier for basic household use up to 4,000 gallons per month or so. Commercial/Industrial Rates Commereial/milustrial rates should include at least 2 tiers, with rates for the 2"d tier at 1.25 to 2.0 times the first tier. Higher water rates for commercial irrigation use are encouraged, but not required. 7-1 ' Model Water Conservation Plan NTMWD Member Cities and Customers 8. OTHER WATER CONSERVATION MEASURES 8.1 NTMWD Reservoir System Operation Plan Member cities and customers of NTMWD purchase treated water from NTMWD and do ' not have surface water supplies for which to implement a reservoir system operation plan. NTMWD's pemtits do allow some coordinated operation of its reservoirs, and NTMWD is seeking additional water rights for coordinated operation to optimize its available water supplies. ' 8.2 Reuse and Recycling of Wastewater Most member cities and customers do not own and operate their own wastewater treatment plants. Their wastewater is treated by NTMWD. NTMWD currently has the largest wastewater reuse program in the state. NTMWD has water rights allowing reuse of up to 35,941 acre-feet per year of treated wastewater for municipal purposes, which provides about 13 percent of NTMWD's total water supply. NTMWD is currently seeking a permit that would double its permitted reuse and is also considering additional reuse projects to increase this supply further. NTMWD also makes treated wastewater from its plants 1 available for direct reuse for landscape irrigation and industrial use. For those member cities and customers who do own and operate their own wastewater treatment plants, they will move toward reusing treated effluent for irrigation purposes around their plants over the next three years. These entities will also seek other alternatives I' for reuse of recycled wastewater. 8.3 Ordinances, Plumbing Codes, or Rules on Water -Conserving Fixtures The State of Texas has required water -conserving fixtures in new construction and renovations since 1992. The state standards call for flows of no more than 2.5 gallons per minute (gpm) for faucets, 3.0 gpm for showerheads, and 1.6 gallons per flush for toilets. Similar standards are now required nationally under federal law. These state and federal standards assure that all new construction and renovations will use water -conserving fixtures. 1 8.4 Considerations for Landscape Water Management Regulations (Optional) Appendix E is a summary of considerations for landscape water management regulations 1 adopted as part of the development of this water conservation plan. These regulations are intended to minimize waste in landscape irrigation. The proposed regulations might include the following elements: ' Prohibition of outdoor watering with sprinklers from 10:00 a.m. to 6:00 p.m. every day from June 1 through September 30. (Resetting of watering times in sprinkler systems is recommended to comply with the water schedule. Watering with hand- ' held ]roses, soaker hoses, or dispensers is allowed.) ' 6-1 Every contract for the wholesale sale of water by member cities and/or customers that is entered into, renewed, or extended after the adoption of this water conservation and drought contingency plan will include a requirement that the wholesale customer and any wholesale customers of that wholesale customer develop and implement a water conservation plan meeting the requirements of Title 30, Pan 1, Chapter 288, Subchapter A, Rule 288.2 of the Texas Administrative Code. The requirement will also extend to each successive wholesale customer in the resale of the water. 8.6 Coordination with Regional Water Planning Group and NTMWD Appendix F includes a letter sent to the Chair of the Region C water planning group with this water conservation plan. Each member city and customer will send a copy of their draft ordinance(s) or regulation(s) implementing the plan and their water utility profile to NTMWD for review and comment The adopted ordinance(s) or regulation(s) and the adopted water utility profile will also be sent to NTMWD. Model Water Conservation Plan NTMWD Member Cities and Customers • Requirement that all new irrigation systems include rain and freeze sensors capable of multiple programming. Existing irrigation systems are encouraged to be ' retrofitted with similar rain and freeze sensors. • Requirement that all new irrigation systems be in compliance with state design and ' installation regulations (TAC Title 30, Part 1, Chapter 344). Prohibition irrigation systems that spray directly onto impervious surfaces or onto other non -irrigated areas. (Wind driven water drift will be taken into consideration.) • Prohibition of use of poorly maintained sprinkler systems that waste water. • Prohibition of outdoor watering during any form of precipitation. • Enforcement of the regulations by a system of warnings followed by fines for continued or repeat violations. • Implement other measures to encourage off-peak water use. Additional water conservation incentive programs might include: ' Low -flow toilet replacement and rebate programs, Pressure reduction in the system or for individual customers, 1 Rebates for rain freeze sensors, Low -flow showerhead and sink aerators replacement programs, or • Other water conservation incentive programs. 8S Requirement for Water Conservation Plans by Wholesale Customers Every contract for the wholesale sale of water by member cities and/or customers that is entered into, renewed, or extended after the adoption of this water conservation and drought contingency plan will include a requirement that the wholesale customer and any wholesale customers of that wholesale customer develop and implement a water conservation plan meeting the requirements of Title 30, Pan 1, Chapter 288, Subchapter A, Rule 288.2 of the Texas Administrative Code. The requirement will also extend to each successive wholesale customer in the resale of the water. 8.6 Coordination with Regional Water Planning Group and NTMWD Appendix F includes a letter sent to the Chair of the Region C water planning group with this water conservation plan. Each member city and customer will send a copy of their draft ordinance(s) or regulation(s) implementing the plan and their water utility profile to NTMWD for review and comment The adopted ordinance(s) or regulation(s) and the adopted water utility profile will also be sent to NTMWD. Model Water Conservation Plan Member Cities and Customers 9. IMPLEMENTATION AND ENFORCEMENT OF THE WATER CONSERVATION PLAN Appendix G contains a copy of an ordinance, order, or resolution which may be tailored to meet member or customer city needs and be adopted by the City Council or governing board regarding this water conservation plan. The ordinance, order, or resolution designates responsible officials to implement and enforce the water conservation plan. Appendix E, the considerations for landscape water management regulations, also includes information about enforcement. Appendix H includes a copy of an ordinance, order, or resolution related to illegal connections and water theft. APPENDIX A LIST OF REFERENCES 11 Appendix A List of References (1) Title 30 of the Texas Administrative Code, Part 1, Chapter 288, Subchapter A, Rules 288.1 and 288.2, and Subchapter B, Rule 288.20, downloaded from htW://www.==.state.tx.ug/ grd/mles/pdflih/288a.pdf, November 2003. (2) Freese and Nichols, Inc.: North Texas Municipal Water District Water Conservation and Drought Management Plan, prepared for the North Texas Municipal Water District, Fort Worth, February 2003. (3) Edward Motley, Marisa Vergara, Tom Gooch, and Stephanie Griffin: Memorandum to File on 'Region C Municipal Water Use Projections Adopted on August 18, 2003," Fort Worth, August 21, 2003. The following conservation and drought contingency plans and related documents were reviewed in the development of this plan. References marked with a * were used heavily in the development of this plan. (4) City of Austin Water Conservation Division: "City of Austin Water Drought Contingency Plan, Developed to Meet Senate Bill 1 Regulatory Requirements," Austin, August 1999. (5) City of Austin Water Conservation Division: "City of Austin Water Conservation Plan, Developed to Meet Senate Bill 1 Regulatory Requirements," Austin, August 1999. (6) Upper Trinity Regional Water District: "Water Conservation Plan and Emergency Water Demand Management Plan," adopted by the Board of Directors, Lewisville, August 5, 1999. (7) Upper Trinity Regional Water District: "Water Conservation Plan and Emergency Water Demand Management Plan (2002 Amended)," adopted by the Board of Directors, Lewisville, February 2002. (8)- *City of Dallas Water Utilities Department: "City of Dallas Water Management Plan," adopted by the City Council, Dallas, September 1999. (9) Updates to City of Dallas Water Management Plan found at htm://www.dallascitvhall.com in September 2003. (10) *City of Dallas Water Utilities Department: "City of Dallas Water Conservation Plan," adopted by the City Council, Dallas, September 1999. (11) *City of Fort Worth: "Water Conservation plan for the City of Fort Worth," Fort Worth, August 1999. (12) Updates to the City of Fort Worth water conservation plan found at http://ci./fort- worth.tx.us in September 2003. A-1 (13) *City of Fort Worth: "Emergency Water Management Plan for the City of Fort Worth," Fort Worth, August 19, 2003. (14) HDR Engineering, Inc.: "Water Conservation and Emergency Demand Management Plan," prepared for the Tarrant Regional Water District, Austin, February 2000. (15) Freese and Nichols, Inc.: "Water Conservation and Drought Contingency Plan," prepared for Brown County Water Improvement District No. 1, Fort Worth, August 1999. (16) Freese and Nichols, Inc.: "Water Conservation and Drought Contingency Plan," prepared for the Sabine River Authority of Texas, Fort Worth, September 1994. (17) HDR Engineering, Inc.: "Water Conservation and Emergency Demand Management Plan," prepared for the Tarrant Regional Water District, Austin, June 1998. (18) HDR Engineering, Inc.: "Water Conservation Plan for the City of Corpus Christi," adopted by the City of Corpus Christi City Council, August 24, 1999. (19) City of Houston's water conservation plan downloaded September 2003 from httv://www.citvofhouston.gov (20) City of Houston: "Ordinance N. 2001-753, Amending Chapter 47 of the Code of Ordinances Relating to Water Emergencies," Houston, August 2001. (21) City of Houston: "Ordinance No. 98-764, Relating to Water Conservation," Houston, September 1998. (22) City of Houston: "Water Conservation Plan," 1998. (23) City of Houston: "Water Emergency Response Plan," Houston, July 15, 1998. (24) City of Lubbock: "Water Conservation Plan," ordinance number 10177 adopted by the City Council in August 1999. (25) City of El Paso Water Conservation Ordinance downloaded August 14, 2003 from http://www.Mp .or¢/ordinance.html (26) San Antonio Water System: "Water Conservation and Reuse Plan," San Antonio, November 1998 with June 2002 updates. (27) North Texas Municipal Water District: "District Policy No. 24 Water Conservation Plan Containing Drought Contingency Plan," adopted August 1999. (28) GDS Associates, Inc.: "Water Conservation Study," prepared for the Texas Water Development Board, Fort Worth, 2002. (29) A & N Technical Services, Inc.: "BMP Costs & Savings Study: A Guide to Data and Methods for Cost -Effectiveness Analysis of Urban Water Conservation Best Management Practices," prepared for The California Urban Water Conservation Council, Santa Monica, California, July 2000. (30) *City of Dallas: "City of Dallas Ordinances, Chapter 49, Section 21.1," Dallas, October 1, 2001. A-2 APPENDIX B TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES ON MUNICIPAL WATER CONSERVATION PLANS APPENDIX B Texas Commission on Environmental Quality Rules on Water Conservation Plans Texas Administrative Code TITLE 30 ENVIRONMENTAL QUALITY PART 1 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 288 WATER CONSERVATION PLANS, DROUGHT CONTINGENCY PLANS, GUIDELINES AND REQUIREMENTS SUBCHAPTER A WATER CONSERVATION PLANS RULE §288.1 Definitions The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Agricultural or Agriculture --means any of the following activities: (A) cultivating the soil to produce crops for human food, animal feed, or planting seed or for the production of fibers; (B) the practice of floriculture, viticulture, silviculture, and horticulture, including the cultivation of plants in containers or non -soil media by a nursery grower; (C) raising, feeding, or keeping animals for breeding purposes or for the production of food or fiber, leather, pelts, or other tangible products having a commercial value; (D) raising or keeping equine animals; (E) wildlife management; and (F) planting cover crops, including cover crops cultivated for transplantation, or leaving land idle for the purpose of participating in any governmental program or normal crop or livestock rotation procedure. (2) Agricultural use --Any use or activity involving agriculture, including irrigation. (3) Conservation --Those practices, techniques, and technologies that reduce the consumption of water, reduce the loss or waste of water, improve the efficiency in the use of water, or increase the recycling and reuse of water so that a water supply is made available for future or alternative uses. (4) Drought contingency plan --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). (5) Industrial use --The use of water in processes designed to convert materials of a lower 01 order of value into forms having greater usability and commercial value, commercial fish production, and the development of power by means other than hydroelectric, but does not include agricultural use. (6) Irrigation --The agricultural use of water for the irrigation of crops, trees, and pastureland, including, but not limited to, golf courses and parks which do not receive water through a municipal distribution system. (7) Irrigation water use efficiency --The percentage of that amount of irrigation water which is beneficially used by agriculture crops or other vegetation relative to the amount of water diverted from the source(s) of supply. Beneficial uses of water for irrigation purposes include, but are not limited to, evapotranspiration needs for vegetative maintenance and growth, salinity management, and leaching requirements associated with irrigation. (8) Mining use --The use of water for mining processes including hydraulic use, drilling, washing sand and gravel, and oil field repressuring. (9) Municipal per capita water use --The sum total of water diverted into a water supply system for residential, commercial, and public and institutional uses divided by actual population served. (10) Municipal use --The use of potable water within or outside a municipality and its environs whether supplied by a person, privately owned utility, political subdivision, or other entity as well as the use of sewage effluent for certain purposes, including the use of treated water for domestic purposes, fighting fires, sprinkling streets, flushing sewers and drains, watering parks and parkways, and recreational purposes, including public and private swimming pools, the use of potable water in industrial and commercial enterprises supplied by a municipal distribution system without special construction to meet its demands, and for the watering of lawns and family gardens. (11) Nursery grower --A person engaged in the practice of floriculture, viticulture, silviculture, and horticulture, including the cultivation of plants in containers or nonsoil media, who grows more than 50% of the products that the person either sells or leases, regardless of the variety sold, leased, or grown. For the purpose of this definition, grow means the actual cultivation or propagation of the product beyond the mere holding or maintaining of the item prior to sale or lease, and typically includes activities associated with the production or multiplying of stock such as the development of new plants from cuttings, grafts, plugs, or seedlings. (12) Pollution—The alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any water in the state that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or to the public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose. (13) Public Water Supplier—An individual or entity that supplies water to the public for human consumption. (14) Regional Water Planning Group --A group established by the Texas Water F -W Development Board to prepare a regional water plan under Texas Water Code, §16.053. (15) Retail Public Water Supplier --An individual or entity that for compensation supplies water to the public for human consumption. The term does not include an individual or entity that supplies water to itself or its employees or tenants when that water is not resold to or used by others. (16) Reuse --The authorized use for one or more beneficial purposes of use of water that remains unconsumed after the water is used for the original purpose of use and before that water is either disposed of or discharged or otherwise allowed to flow into a watercourse, lake, or other body of state-owned water. (17) Water conservation plan --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). (18) Wholesale Public Water Supplier --An individual or entity that for compensation supplies water to another for resale to the public for human consumption. The term does not include an individual or entity that supplies water to itself or its employees or tenants as an incident of that employee service or tenancy when that water is not resold to or used by others, or an individual or entity that conveys water to another individual or entity, but does not own the right to the water which is conveyed, whether or not for a delivery fee. Source Note: The provisions of this §288.1 adopted to be effective May 3, 1993, 18 TexReg 2558; amended to be effective February 21, 1999, 24 TexReg 949; amended to be effective April 27, 2000, 25 TexReg 3544; amended to be effective August 15, 2002, 27 TexReg 7146 Im Texas Administrative Code TITLE 30 ENVIRONMENTAL QUALITY PART 1 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 288 WATER CONSERVATION PLANS, DROUGHT CONTINGENCY PLANS, GUIDELINES AND REQUIREMENTS SUBCHAPTER A WATER CONSERVATION PLANS RULE §288.2 Water Conservation Plans for Municipal Uses by Public Water Suppliers (a) A water conservation plan for municipal water use by public water suppliers shall provide information, where applicable, in response to the following. (1) Minimum requirements. All water conservation plans for municipal uses by public drinking water suppliers shall include the following elements: (A) a utility profile including, but not limited to, information regarding population and customer data, water use data, water supply system data, and wastewater system data; (B) specification of conservation goals including, but not limited to, municipal per capita water use goals, the basis for the development of such goals, and a time frame for achieving the specified goals; (C) metering device(s), within an accuracy of plus or minus 5.0'% in order to measure and account for the amount of water diverted from the source of supply; (D) a program for universal metering of both customer and public uses of water, for meter testing and repair, and for periodic meter replacement; (E) 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.); (F) a program of continuing public education and information regarding water conservation; (G) a water rate structure which is not "promotional," i.e., a rate structure which is cost -based and which does not encourage the excessive use of water; (H) a reservoir systems operations plan, if applicable, providing for the coordinated operation of reservoirs owned by the applicant within a common watershed or river basin in order to optimize available water supplies; and (1) a means of implementation and enforcement which shall be evidenced by: (i) a copy of the ordinance, resolution, or tariff, indicating official adoption of the water conservation plan by the water supplier; and im! ' (ii) a description of the authority by which the water supplier will implement and enforce the conservation plan; and ' (J) documentation of coordination with the Regional Water Planning Groups for the service area of the public water supplier in order to insure consistency ' with the appropriate approved regional water plans. by (2) Additional content requirements. Water conservation plans for municipal uses public drinking water suppliers serving a current population of 5,000 or more and/or a projected population of 5,000 or more within the next ten years ' subsequent to the effective date of the plan shall include the following elements: (A) 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; (B) 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: ' (i) residential; (ii) commercial; ' (iii) public and institutional; and (iv) industrial; and ' (C) a requirement in every wholesale water supply contract entered into or renewed after official adoption of the plan (by either ordinance, resolution, or tariff), and including any contract extension, that each successive wholesale ' customer develop and implement a water conservation plan or water conservation measures using the applicable elements in this chapter; 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 t conservation measures in accordance with applicable provisions of this chapter. (3) Additional conservation strategies. Any combination of the following strategies ' shall be selected by the water supplier, in addition to the minimum requirements in paragraphs (1) and (2) of this subsection, if they are necessary to achieve the stated water conservation goals of the plan. The commission may require that any of the following strategies be implemented by the water supplier if the commission determines that the strategy is necessary to achieve the goals of the ' water conservation plan: (A) conservation -oriented water rates and water rate structures such as uniform or ' increasing block rate schedules, and/or seasonal rates, but not flat rate or decreasing block rates; (B) adoption of ordinances, plumbing codes, and/or rules requiring water - B -5 1 conserving plumbing fixtures to be installed in new structures and existing structures undergoing substantial modification or addition; (C) a program for the replacement or retrofit of water -conserving plumbing fixtures in existing structures; (D) reuse and/or recycling of wastewater and/or greywater, (E) a program for pressure control and/or reduction in the distribution system and/or for customer connections; (F) a program and/or ordinance(s) for landscape water management; (G) a method for monitoring the effectiveness and efficiency of the water conservation plan; and (H) any other water conservation practice, method, or technique which the water supplier shows to be appropriate for achieving the stated goal or goals of the water conservation plan. (b) A water conservation plan prepared in accordance with 31 TAC §363.15 (relating to Required Water Conservation Plan) of the Texas Water Development Board and substantially meeting the requirements of this section and other applicable commission rules may be submitted to meet application requirements pursuant to a memorandum of understanding between the commission and the Texas Water Development Board. Source Note: The provisions of this §288.2 adopted to be effective May 3, 1993, 18 TexReg 2558; amended to be effective February 21, 1999, 24 TexReg 949; amended to be effective April 27, 2000, 25 TexReg 3544 _ Im. APPENDIX C ' FORM FOR WATER UTILITY PROFILE 1 APPENDIX C Water Utility Profile Based on TCEQ Format ' The purpose of the Water Utility Profile is to assist an applicant with water conservation plan development and to ensure that important information and data be considered when preparing your water conservation plan and goals. You may contact the Municipal Water Conservation Unit of the TWDB at 512-9362391 for assistance, or the Resource Protection Team at 512-239-4691 if submitted to the TCEQ. You may also contact Denise Hickey of NTMWD at 972/442-5405 or Tom Gooch of Freese and Nichols at 817!735-7300. Name of Utility: Address & Zip: ' Telephone Number: Fax Number: Form Completed by: ' Title: Signature: Date: ' Name and phone number of person/department responsible for implementing a water conservation program: Name: ' Phone Number: ' L CUSTOMER DATA A. Population and Service Area Data 1. Please attach a copy of your Certificate of Convenience and Necessity (CCN) from the TCEQ, and a service -area map. 2. Service area size (square miles): 3. Current population of service area: as of year ' 4. Current population served by utility: water: wastewater: _ ' 5. Miles of Water Distribution Pipeline: C-1 1 6. Population served by utility for the previous five years. (Please list by year in ascending order.): Year Population 7. Projected population for service area in the following decades: Year 2010 Ktill 8. List source(s)/method(s) for the calculation of current and projected population: B. Active Connections 1. Current number of active connections by user type: Check whether multi -family service is counted as Residential _ or Commercial Current year is: 2. List the net number of new connections per year for most recent three years: Year Residential _ Commercial lndustrial Public Other Total 0 1 0 0 C-2 Metered Non -Metered Total Treated Water Users Residential 0 Commemial 0 Industrial 0 Public 0 Other 0 Total 0 0 0 2. List the net number of new connections per year for most recent three years: Year Residential _ Commercial lndustrial Public Other Total 0 1 0 0 C-2 I I C. High Volume Customers ' Ust annual water use for the five highest volume retail and wholesale customers. (Please indicate if treated or mw water delivery.): Il. WATER USE DATA FOR SERVICE AREA A. Water Accounting Data 1. Amount of water use for previous five years (in 1,000 gal): Please indicate: Diverted Water Treated Water X (supplied from NTMWD) Year Jan Febm March _ April May June July — August September October November ! December Total 1 0, 01 0. 0 0 Please indicate how the above figures were determined (e.g., from a master meter located at the point of diversion, from a stream, or located at a point where raw water enters the treatment plant, or from water sales) C-3 2. Metered amount of water (in 1,000 gallons) delivered (sold) as recorded by the following account types (See #1, Appendix Cl) for the past five years.: Year Residential Commercial Industrial Wholesale Other Total Sold 0 0 -- 0 0 _ 0 3. List previous five years records for unaccounted-for water use in million gallons (See #2, Appendix C 1) Data is calculated in Appendix D. Year Unaccounted Water #VALUE! NTMWD Deliveries _.a1221009 Other Su lies Total Sales Estimated Fre Use 91%Unaccounted Estimated line flushin Unaccounted Water #VALUE! #VALUE! - .. #VALUE! Goal for % Unaccounted 12.00% 12.00% 12.00 4. List previous five years records for annual peak -to -average daily use ratio (See #3, Appendix Cl): Year Average li MGD Peak MGD Ratio Year #VALUE! _#VALUE! #VALUE! #VALUE! #VALUE! !VALUE' #VALUE! #VALUE! - .. #VALUE! #VALUE! 5. Municipal per capita water use for previous five years (See #4, Appendix CI): C-4 Total Diverted Industrial Wholesale In -City Municipal (or Treated) Sales Sales Municipal Use per Capita Population (1,000 gap I (1,000 gal) (1,000 gap (1,000 gap Use (geed) Year _#VALUE! #VALUE! #VALUE! #VALUE! - .. #VALUE! C-4 F, Year Single Family Use I (1,000 gal) Multi -Family Use (1,000 gap, Residential Use (1,000 gal) Residential per Capita Use (gpcd) Average 0 #DN/0! Summer Attributed to 0#DN/0! per Capita SeasonalSeasonal Use Year Population Use ) Use (gped) Use (gpcd) (GPCD) 0 #DN/0! #VALUE! #VALUE! #VALUE! #VALUE! 0 #DN/0! #VALUE! #VALUE! #VALUE! #VALUE! 0 #DN/0! 6. Seasonal water use for the previous five years (in gallons/person/day) (See #5, Appendix CI) Note: The December value must be entered into #5 Appendix Cl to calculate the base per capita correctly for the first year entry. Note: Heasonal per capita use is calculated by Subtracting the base per capita use from the summer per capita use. B. Projected Water Demands Provide estimates for total water demands for the planning horizon of the utility. Indicate sources of data and how projected water demands were determined. Projected j Demand Explanation of the Methodology Used to Year (Ac -Ft) Source of data li Develop Projection C-5 j Portion of Average Annual Use Summer Attributed to Base per Capita per Capita SeasonalSeasonal Use Year Population Use ) Use (gped) Use (gpcd) (GPCD) #VALUE! #VALUE! #VALUE! #VALUE! #VALUE! #VALUE! #VALUE! #VALUE! #VALUE! #VALUE! #VALUE! #VALUE! #VALUE! #VALUE! #VALUE! *VALUE! #VALUE! j #VALUE! #VALUE! #VALUE! Note: Heasonal per capita use is calculated by Subtracting the base per capita use from the summer per capita use. B. Projected Water Demands Provide estimates for total water demands for the planning horizon of the utility. Indicate sources of data and how projected water demands were determined. Projected j Demand Explanation of the Methodology Used to Year (Ac -Ft) Source of data li Develop Projection C-5 III. WATER SUPPLY SYSTEM A. Water Supply Sources List all current water supply sources and the amounts available with each: TP, Source Amount Available (MGD) Surface water Groundwater _ Contracts North Texas Municipal Water District _ Other B. Treatment and Distribution System 1. Design daily capacity of system: 2. Storage capacity: Elevated MG Ground MG 3. If surface water, do you recycle filter backwash to the head of the plant? Yes _ No _. If yes, approximately _ MGD. 4. Please describe the water system. Include the number of treatment plants, wells, and storage tanks. If possible, include a sketch of the system layout. IV. WASTEWATER UTILITY SYSTEM A. Wastewater System Data 1. Design capacity of wastewater treatment plant(s): MGD 2. Is treated effluent used for irrigation on-site _, off-site _, plant washdown or chlorination/dechlorination _? If yes, approximately _ gallons per month. Could this be substituted for potable water now being used in these areas _? 3. Briefly describe the wastewater system(s) of the area services by the water utility. Describe how treated wastewater is disposed of. Where applicable, identify treatment plant(s) with the TCEQ name and number, the operator, owner, and, if wastewater is discharged, the receiving stream. Please provide a sketch or map which located the plant(s) and discharge or disposal sites.: Treatment Plant Name TCEQ Number Operator Owner Receiving Stream C-6 B. Wastewater Data for Service Arra 1. Percent of water service area served by wastewater system: 2. Monthly wastewater volume for previous three years (in 1,000 gallons): Year January February March April May June July August mber October ovember December Total 0 01 0 V. UTILITY OPERATING DATA A. List (or attach) water and wastewater rates, and rate structures for all classes. �Ya B. Other relevant data: Please indicate other data or information that is relevant to both the applicant's water management operations and design of a water conservation plan. ' VI. CONSERVATION GOALS Please use the data provided in this survey to establish conservation goals (additional data may be used). A. Water conservation goals for municipal utilities are generally established to maintain or reduce consumption, as measured in: 1. gallons per capita per day used; 2. unaccounted-for water uses; 3. peak -day to average -day ratio; and/or 1 4. an increase in reuse of recycling or water. C-7 1 B. TCEQfrWDB conservation staff assess the reasonableness of water conservation goals based on whether the applicant addresses the following steps: 1. identification of a water or wastewater problem; 2. completion of the utility profile; 3. selection of goals based on the technical potential to save water as identified in the utility profile; and 4. performance of a cost -benefit analysis of conservation strategies. If at least the first three steps have been completed and are summarized in the water conservation plan, then staff can conclude that there is substantiated basis for the goals, and that the water conservation plan is integrated into water management. Therefore, the established conservation goals can be deemed reasonable. C. Complete the following in gallons per capita per day (gpcd) to quantify the water conservation goals for the utility's service area: 1. Estimation of the technical potential for reducing per capita water use (See Appendix C2). r Subtract these totals from the dry -year per capita use to calculate the long -run planning goal. 2. Planning Coal The planning goal equals the dry -year per capita water use minus the total technical potentials calculated in number one above. ■ Most Likely Savings Most Likely Savings Method I 5 -Year( ) 10 -Year d) Reduction in unaccounted-for uses 3. Needed reduction in per capita use to meet planning goal (gpcd) (Appendix C2, Section 4) ' Dry -year per capita use: Reduction in indoor water use due to water - Planning goal (from #2 above): conserving plumbing fixtures (Table C-1) 0.0 0.0 Reduction in seasonal use (Appendix C2, Section 4) Reduction in water use due to public education and rate programs (Ap=dix C2, Section 4) Total Technical Potential for Reducing per Ca ita Water Use 0.0 0.0 r Subtract these totals from the dry -year per capita use to calculate the long -run planning goal. 2. Planning Coal The planning goal equals the dry -year per capita water use minus the total technical potentials calculated in number one above. ■ 5 -Year 10 -Year Planning goal (in gpcd): Goal to be achieve by year: 3. Needed reduction in per capita use to meet planning goal (gpcd) 5 -Year 10 -Year ' Dry -year per capita use: Planning goal (from #2 above): Difference between current use and goal: #VALU ! #VALUE! 1 (Represents needed reduction in per capita use to meet goal.) C-8 Table C-1 Projected Per Capita Municipal Water Use without Implementation of Water Conservation Measures beyond Those in Effect in 2000 and Goals Description Highest Historical Goals (year) I (_Year) Year Per Capita 5- ear I 10 -year Actual Historical Per Capita Municipal Use Projected Per Capita Municipal Use without Low - Flow Plumbing Fixtures TWDB Reduction due to Low -Flow Plumbing ixtures Projected Per Capita Municipal Use with Low - ow Plumbing Fixtures Other Projected Reductions Due to this Plan Water Conservation Goals with this Plan C-9 APPENDIX C1 Definitions of Utility Profile Terms 1. Residential sales should include residential sales to residential class customers only. Industrial sales should include manufacturing and other heavy industry. Commercial sales should include all retail businesses, offices, hospitals, etc. Wholesale sales should include water sold to another utility for a resale to the public for human consumption. 2. Unaccounted-for water is the difference between water diverted or treated (as reported in Section IIIA 1) and water delivered (sold) as reported in Section HA2). Unaccounted-for water can result from: 1. inaccurate or incomplete record keeping; 2. meter error; 3. unmetered uses such as firefighting, line flushing, and water for public buildings and water treatment plants; 4. leaks; and 5. water theft and unauthorized use. 3. The Peak -day to averaze day ratio is calculated by dividing the maximum daily pumpage (in million gallons per day) by the average daily pumpage. Average daily pumpage is the total pumpage for the year (as reported in Section IIAI) divided by 365 and expressed in million gallons per day. 4. Municipal per capita use is defined as total annual municipal water use divided by the population and 365 days. Total municipal water use is calculated by subtracting the industrial sales and wholesale sales from the total water diverted or treated (as reported in Section 11A I) Total municipal water use = total water diverted or treated - industrial sales - wholesale sales Municipal per capita use (gpcd) = total municipal water use/population/365 Note: The AW WA considers the municipal per capita use as the most representative figure to use in long-range water supply and conservation planning. 5. Seasonal water use is the difference between base (winter) daily per capita use and summer daily per capita use. To calculate the base daily per capita use, average the monthly diversions for December, January, and February, and divide this average by 30. Then divide this figure by the population. To calculate the summer daily per capita use, average the months of June, July, and August, and divide the average by 31. Then divide the summer value by the population. APPENDIX C2 Estimating the Technical Potential for Reducing Per Capita Water Use The technical potential for reducing per capita water use is the range in potential water savings that can he achieved by implementing specific water conservation measures. The lower end of the range represents the potential savings under a "most likely," or real-world conservation scenario. The top of the range represents the potential savings under an "advanced" conservation scenario. The conservation measures include: reducing unaccounted-for water uses; reducing indoor water use due to water -conserving plumbing fixtures; reducing seasonal water use; and reducing water use through public education programs. Guidelines and examples for calculating the technical potential water savings for each of these conservation measures are given below. L Reducing Unaccounted -For Water Uses The TCEQ considers unaccounted-for water uses of 15% or less as acceptable for communities serving more than 5,000 people. Smaller, older systems or systems that have a larger service area may legitimately experience larger losses. Losses above 15% may be an area of concern, and provide a conservation potential. The bottom of the range for technical potential savings for unaccounted-for uses is zero. To calculate the top of the range, we the following example: srs = � r.Jov0 tnpp i„ M. .3/ a water use = 250 gpcd (App C, II.A.5) tion in unaccounted-for use = (250 gpcd x 19.590) - (250 gpod x 1590) = 48.75 gpcd - 37.5 gpcd = 11.25 gpcd Computation for Unaccounted-for uses = #DIV/0! (App C, D.A.3) Dry -year per capita water use = #VALUE! gpcd (App C, II.A.5) Potential for reduction in unaccounted-for use = #VALUE! #VALUE! 1C2_1 R. Reducing Indoor Water Use due to Water -Conserving Plumbing Fixtures The Texas Water Development Board (TWDB) recently completed a water conservation study that estimated that the average savings of replacing higher water -use fixtures with more efficient fixtures mandated by state and federal laws would be 16 gallons per person per day (10.5 gpod for toilets and 5.5 gpcd for showerheads). The TWDB used 1995 as their benchmark for determining the potential average per -capita water savings of an entity. The 1995 population was assumed to have less -efficient water fixtures. No additional water savings can be expected in the basis of fixture replacement for the population growth after 1995. By 1995, retailers were assumed to have sold off their remaining stock of high water use plumbing fixtures. The annual rate of replacement was estimated to be 2% of the 1995 population. 1 The TWDB estimated the water savings due to low -flow plumbing fixture replacements as follows: ' PCS2000 = (((POP1995 x 10%) + G1995-00) / POP2000) x 16 gpcd where: 1 The additional savings by decade can be calculated as follows: PCS2010 = [ ((POP1995 x 30%) + (POP2010 - POP1995)) / POP2010 x 16 gpod I - PCS2000 GPCD2010 = GPCD2000 - PCS2010 Notes: The 30% represents 2% x the number of years (2010-1995). These formulas work through 2040. By 2050, all of the fixture replacements would have taken place and no additional savings would occur. The TWDB reductions are included in Table C-1. C2-2 Per rson, r da in the Year 2000 ( d) Po ulation owth between 1995 and 2000 The entity's average gpcd savings due to plumbing code changes (fixture relacement) between 1995 and 2000 r The entity's average gpcd savings in 2010 due to plumbing code char es (fixture lacement) in the revious 10 ears Jul 1995 lation estimate Census 2000 ulation (cities) or Year 2000 ulation estimate POP2010 - POP2060 Po ulation projections for the entity in the decades 2010 through 2060 The additional savings by decade can be calculated as follows: PCS2010 = [ ((POP1995 x 30%) + (POP2010 - POP1995)) / POP2010 x 16 gpod I - PCS2000 GPCD2010 = GPCD2000 - PCS2010 Notes: The 30% represents 2% x the number of years (2010-1995). These formulas work through 2040. By 2050, all of the fixture replacements would have taken place and no additional savings would occur. The TWDB reductions are included in Table C-1. C2-2 III. Reducing Seasonal Water Use The Texas Water development Board (T WDB) has calculated seasonal use as a percentage of average annual per capita use for East Texas (20%), West Texas (25%), and a statewide average of 22.5%. Seasonal water use is calculated by multiplying the average annual per capita use in gpcd by the appropriate percentage. Based on the TWDB methodology, the technical potential for reduction in seasonal use is then calculated by multiplying the seasonal use by 7% for the "most likely' conservation scenario, and by 20% for the "advanced" scenario. Below is an example calculation: Average annual dry -year per capita use = 185 gpcd Geographical location = West Texas Seasonal use = (185 gpcd x 25%) = 46.25 gpcd Potential reduction in seasonal use (Most Likely scenario) = (46.25 x 7%) = 3.24 gpod Potential reduction in seasonal use (Advanced scenario) = (46.25 x 20%) = 9.25 gpod Technical Potential Savings Range = 3.24 to 9.25 gpcd for Average annual dry -year per capita use = #VALUE! gpcd Geographical location = North Texas Seasonal use = #VALUE! gpcd (see Appendix C II.A.6) 1 Potential reduction in seasonal use (Most Likely scenario) _ ####### gpcd Potential reduction in seasonal use (Advanced scenario) _ ####### gpcd *VALUE! ' W. Reducing Water Use through Public Education and Water Rates Programs The technical potential for water conservation from public education and wale rates programs is estimated to be from 2% of the average annual per capita use for the "most likely" conservation scenario to 5% for the "advanced" scenario, according to the "Water Conservation Guidebook,' published in 1993 by the American Water Works Association. Below is an example calculation: Example: Average annual per capita use = 185 gpcd Potential reduction in water use (Most Likely scenario) = (185 x 2%) = 3.70 gpcd Potential reduction in water use (Advanced scenario) = (185 x 5%) = 9.25 gpcd Computation for Average annual per capita use = #VALUE! gpcd ,Potential reduction in water use (Most Likely scenario) = (185 x 2%) = fes# gpcd ' Potential reduction in water use (Advanced scenario) _ 0 85 x 5%) gpcd #VALUE! C2-3 To calculate the total technical potential for reducing municipal per capita water use, simply add the individual technical potential amounts calculated in items I-IV above. In this case the total technical potential range equals 6.94 gpcd to 29.75 tmcd V --t. f T—h.1 1 pnfnnf:nl ralrnlufinnc Conservation Measure Calculation Procedure Example Result (Dry year demand) x (Unacc. for Reducing unaccounted-for uses percentage if more than 15%, minus 15%) 0 to 11.25 gpcd Reducing indoor water use due to 1 Included in Table water -efficient plumbing fixtures Reduction expected aciuirding to TWDB C-1 separately. Seasonal use (Avg. use x 22.5%) x 7%and ! Reducing seasonal water use 20% 3.24 to 9.25 d Reducing water use through public education and water rates programs Average use x 2% and 5%3.7 to 9.25 d Total Technical Potential Savin 6.94 to 29.75 d Conservation Measure i Calculation Procedure Result (Dry year demand) x (Unacc: for Reducing unaccounted-for uses percentage if more than 15%, minus 15%) #VALUE! Reducing indoor water use due to Included in Table water -efficient plumbing fixtures Reduction expected according to TWDB I C-1 Separately. Seasonal use (Avg. use x 22.5%) x 7% and Reducing seasonal water use 20% #VALUE! Reducing water use through public. education and water rates programs Average use x 2% and 5% #VALUE! Total Technical Potential Savin #VALUE! To calculate the long -ten planning goal, subtract these totals from the dry -year water demand Example [ng -,Rn planning goal = (dry year water demand with low -flow fixmres) minus (total technical poten= 250 gpod - 6.94 gpod = 243 gpcd ("most likely" scenario) = 250 gpcd - 29.75 gpcd = 220 gpcd ("advanced" scenario) grun planning goal for municipal water use =243 geed to 220 gpcd n planning goal = (dry year water demand with low -flow fixtures) minus (total technical pote ni 5-year: _ ("most likely" scenario) 10 -year: ("most likely" scenario) _("advanced" scenario) _ ("advanced' scenario) C2-4 APPENDIX D WATER CONSERVATION REPORT $2 |� � |, |� � | � . 2E!/I}f (®t4X ; e, |� | ( | , | ! ( � || I I 3 6 w 0 k F- O w i I = •TI O m 3 � A m � q a` q_ m a C. �P q C i SL _ i i ( g - jobb o o o O o o o 0 o c oob F- a m I K �Npj 8 8 8 8,p 8 Op. Z�7o 0, :O y ° 3 � a C�7 y ni T I � Crn d n o C p q R jp n N i m � o I � d 3 I y m n n I a o r 3 m a C 0 � n I m p d C Yt Yk Yk yk yk ,. L ik u u u Z[ Ck Y CG R a 7k u u Zt Zt iJ �� _ � � �_ 0 � � C7 C � � m n d O C O 0 0 0 O O O O O C O C C O 0 0 0 0 0 p 6 d J 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 1 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Estimated Population O c 0 0 O N M 9 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Historical Water Use in Million Gallons 0 0 0 0 0 0 0 0 0 3 c c � 3 N 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 @ 2000 9 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Historical Water Sales in Million Gallons 0 0 0 0 0 0 0 0 0 - 5 � a c y y � O m � 5 v 0 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Per Capita Municipal Use in GPCD o O O O O w A T 00 r IJ W. Percent of Water Unaccounted 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 C g g g g g g g g g g g a9 0 3g 38 a$ � 39 SB $ d9 0 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 C I APPENDIX E ' CONSIDERATIONS FOR LANDSCAPE WATER MANAGEMENT REGULATIONS a. over -watering lawn or landscape, such that a constant stream of water overflows from the lawn or landscape onto a street or other drainage area; or b. irrigating lawn or landscape during any form of precipitation. This restriction applies to all forms of irrigation, including automatic sprinkler systems; or C. the irrigation of impervious surfaces or other non -irrigated areas, wind driven water drift taken into consideration. 3. A person commits an offense if the person knowingly or recklessly operates a lawn or irrigation system or device on property that the person owns, leases, or manages that: a. has broken or missing sprinkler head(s); or b. has not been properly maintained to prevent the waste of water. C. Rain and Freeze Sensors 1. Any new irrigation system installed on or after January 1, _, must be equipped with rain and freeze sensing devices in compliance with state design and installation regulations. Existing irrigation systems must be retrofitted with similar rain and freeze sensors within 5 years. E-1 APPENDIX E Considerations for Landscape Water Management Regulations (Optional) ' A. Purpose ' The purpose of these proposed landscape water management regulations is to provide a consistent mechanism for preventing the waste of water resources. To ' enact these provisions, entities must verify legal authority to adopt such provisions, and must promulgate valid rules, orders, or ordinances. B. Lawn and Landscape Irrigation Restrictions 1. A person commits an offense if the person irrigates, waters, or knowingly ' or recklessly causes or allows the irrigation or watering of any lawn or landscape located on any property owned, leased, or managed by the person between the hours of 10:00 am. and 6:00 p.m. from June 1 through ' September 30 of any year. 2. A person commits an offense if the person knowingly or recklessly ' irrigates, waters, or causes or allows the irrigation or watering of lawn or landscape located on any property owned, leased, or managed by that person in such a manner that causes: a. over -watering lawn or landscape, such that a constant stream of water overflows from the lawn or landscape onto a street or other drainage area; or b. irrigating lawn or landscape during any form of precipitation. This restriction applies to all forms of irrigation, including automatic sprinkler systems; or C. the irrigation of impervious surfaces or other non -irrigated areas, wind driven water drift taken into consideration. 3. A person commits an offense if the person knowingly or recklessly operates a lawn or irrigation system or device on property that the person owns, leases, or manages that: a. has broken or missing sprinkler head(s); or b. has not been properly maintained to prevent the waste of water. C. Rain and Freeze Sensors 1. Any new irrigation system installed on or after January 1, _, must be equipped with rain and freeze sensing devices in compliance with state design and installation regulations. Existing irrigation systems must be retrofitted with similar rain and freeze sensors within 5 years. E-1 2. A person commits an offense on property owned, leased or managed if the person: a. knowingly or recklessly installs or allows the installation of new irrigation systems in violation of Subsection C.1; or b. knowingly or recklessly operates or allows the operation of an irrigation system that does not comply with Subsection C.1. D. Variances 1. In special cases, variances may be granted to persons demonstrating extreme hardship or need. Variances may be granted under the following circumstances: a. the applicant must sign a compliance agreement agreeing to irrigate or water the lawn and/or landscape only in the amount and manner permitted by the variance; and b. the variance must not cause an immediate significant reduction to the water supply; and C. the extreme hardship or need requiring the variance must relate to the health, safety, or welfare of the person making the request; and d. the health, safety, and welfare of the public and the person making the request must not be adversely affected by the requested variance. 2. A variance will be revoked upon a finding that: a. the applicant can no longer demonstrate extreme hardship or need; or b. the terms of the compliance agreement are violated; or C. the health, safety, or welfare of the public or other persons requires revocation. E-2 I I APPENDIX F ' LETTERS TO REGION C AND REGION D WATER PLANNING GROUPS NORTH TEXAS MUNICIPAL WATER DISTRICT Regjawl Service Through Unity October 7, 2004 Region C Water Planning Group c/o North Texas Municipal Water District P.O. Box 2408 Wylie, Texas 75098 Dear Sir: Enclosed please find a copy of the following documents: • Model Water Conservation Plan for the Member Cities and Customer Cities of the North Texas Municipal Water District • Model Drought Contingency Plan for Member Cities and Customer Cities of the North Texas Municipal Water District • Water Conservation and Drought Contingency Plan for the North Texas Municipal Water District We are submitting a copy of these plans to the Region C Water Planning Group in accordance with the Texas Water Development Board and Texas Commission on Environmental Quality rules. The Board of the North Texas Municipal Water District adopted the attached plans on August 26, 2004. Sincerely, ' J S M. PARKS xecutive Director JMP/mcf Enclosure 1 ' SOS 6 Brown St., PO Box 2906. Wylie, Texas 75096-290a Telepinne: 9972/992-5905 Fax 97L442 5405 ' NORTH TEXAS MUNICIPAL WATER DISTRICT ' Rep000l Service Through Unity October 7, 2004 ' Mr. Walt Sears Administrator, Region D Water Planning Group c/o Northeast Texas Municipal Water District ' P.O. Box 955 Hughes Springs, Texas 75656 Dear Mr. Sears: Enclosed please find a copy of the following documents: ' • Model Water Conservation Plan for the Member Cities and Customer Cities of the North Texas Municipal Water District • Model Drought Contingency Plan for Member Cities and Customer Cities of the North Texas Municipal Water District • Water Conservation and Drought Contingency Plan for the North Texas ' Municipal Water District We are submitting a copy of these plans to the Region D Water Planning Group in ' accordance with the Texas Water Development Board and Texas Commission on Environmental Quality rules. The Board of the North Texas Municipal Water District adopted the attached plans on August 26, 2004. Sincerely, ��,,uS%rDpi= JMP/mcf tEnclosures I' 505 E. Bmwn S[, P0. Box 2408, Wylie, Texas 75098-2408 Telephone: WV"2-5405 Fax: WV441-5005 APPENDIX G ' ADOPTION OF WATER CONSERVATION PLAN 1 1 APPENDIX G Adoption of Water Conservation Plan Municipal Ordinance Adopting Water Conservation Plan Ordinance No. AN ORDINANCE ADOPTING A WATER CONSERVATION PLAN FOR THE CITY OF TO PROMOTE RESPONSIBLE USE OF WATER AND TO PROVIDE FOR PENALTIES AND/OR THE DISCONNECTION OF WATER SERVICE FOR NONCOMPLIANCE WITH THE PROVISIONS OF THE WATER CONSERVATION PLAN: WHEREAS, the City of _, Texas (the "City"), recognizes that the amount of water available to its water customers is limited; and WHEREAS, the City recognizes that due to natural limitations, drought conditions, system failures and other acts of God which may occur, the City cannot guarantee an uninterrupted water supply for all purposes at all times; and WHEREAS, the Water Code and the regulations of the Texas Commission on Environmental Quality (the "Commission') require that the City adopt a Water Conservation Plan; and WHEREAS, the City has determined an urgent need in the best interest of the public to adopt a Water Conservation Plan; and WHEREAS, pursuant to Chapter 54 of the Local Government Code, the City is authorized to adopt such Ordinances necessary to preserve and conserve its water resources; and WHEREAS, the City Council of the City of _ desires to adopt the North Texas Municipal Water District (the "NTMWD") Model Water Conservation Plan as official City policy for the conservation of water. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THAT: ' Section 1. The City Council hereby approves and adopts the NTMWD Model Water Conservation Plan (the "Plan"), attached hereto as Addendum A, as if recited verbatim herein. The City commits to implement the requirements and procedures set forth in the adopted Plan. 1 G-1 ri ' Section 2. Any customer, defined pursuant to 30 Tex. Admin. Code Chapter 291, failing to comply with the provisions of the Plan shall be subject to a fine of up to two thousand ' dollars ($2,000.00) and/or discontinuance of water service by the City. Proof of a culpable mental state is not required for a conviction of an offense under this section. Each day a customer fails to comply with the Plan is a separate violation. The City's authority to seek injunctive or other civil relief available under the law is not limited by this section. ' Section 3. The City Council does hereby find and declare that sufficient written notice of the date, hour, place and subject of the meeting adopting this Ordinance was posted at a designated place convenient to the public for the time required by law preceding the meeting, that such place of posting was readily accessible at all times to the general public, and that all of the foregoing was done as required by law at all times during which this Ordinance and the subject matter thereof has been discussed, considered and ' formally acted upon. The City Council further ratifies, approves and confirms such written notice and the posting thereof. Section 4. Should any paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected. ' Section S. The City Manager or his designee is hereby directed to file a copy of the Plan and this Ordinance with the Commission in accordance with Title 30, Chapter 288 of the Texas Administrative Code. ' Section 6. The City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this ordinance as an alternative method of publication provided by law. ' Section 7. {If Applicable) Ordinance No. , adopted on , is hereby repealed. t ' Passed by the City Council on this _ day of Mayor Attest: City Secretary G-2 Municipal Utility District Order Adopting Water Conservation Plan Order No. AN ORDER ADOPTING A WATER CONSERVATION PLAN FOR THE MUNICIPAL UTILITY DISTRICT TO PROMOTE THE RESPONSIBLE USE OF WATER AND TO PROVIDE FOR PENALTIES AND/OR THE DISCONNECTION OF WATER SERVICE FOR NONCOMPLIANCE WITH THE PROVISIONS OF THE WATER CONSERVATION PLAN. WHEREAS, the Municipal Utility District (the "District'), recognizes that the amount of water available to its water customers is limited; and WHEREAS, the District recognizes that due to natural limitations, drought conditions, system failures and other acts of God which may occur, the District cannot guarantee an uninterrupted water supply for all purposes at all times; and WHEREAS, the Water Code and the regulations of the Texas Commission on Environmental Quality (the "Commission") require that the District adopt a Water Conservation Plan; and WHEREAS, the District has determined an urgent need in the best interest of the public to adopt a Water Conservation Plan; and WHEREAS, pursuant to Chapter 49 of the Water Code, the District is authorized to adopt such policies necessary to accomplish the purposes for which it was created, including but not limited to the preservation and conservation of water resources; and WHEREAS, the Board of Directors of the District desires to adopt the North Texas Municipal Water District (the "NTMWD") Model Water Conservation Plan as official District policy for the conservation of water. NOW THEREFORE, BE IT ORDERED BY THE BOARD OF DIRECTORS OF THE MUNICIPAL UTILITY DISTRICT THAT: Section 1. The Board of Directors hereby approves and adopts the NTMWD Model Water Conservation Plan (the "Plan"), attached hereto as Addendum A, as if recited verbatim herein. The District commits to implement the requirements and procedures set forth in the adopted Plan. Section 2. Any customer, defined pursuant to 30 Tex. Admin. Code Chapter 291, failing to comply with the provisions of the Plan shall be subject to a monetary fine as allowed by law, and/or discontinuance of water service by the District. Proof of a culpable mental G-3 state is not required for a conviction of an offense under this section. Each day a customer fails to comply with the Plan is a separate violation. The District's authority to seek injunctive or other civil relief available under the law is not limited by this section. Section 3. The Board of Directors does hereby find and declare that sufficient written notice of the date, hour, place and subject of the meeting adopting this Order was posted at a designated place convenient to the public for the time required by law preceding the meeting, that such place of posting was readily accessible at all times to the general public, and that all of the foregoing was done as required by law at all times during which this Order and the subject matter thereof has been discussed, considered and formally acted upon. The Board of Directors further ratifies, approves and confirms such written notice and the posting thereof. Section 4. The General Manager or his designee is hereby directed to file a copy of the Plan and this Ordinance with the Commission in accordance with Title 30, Chapter 288 of the Texas Administrative Code. Section 5. Should any paragraph, sentence, clause, phrase or word of this Order be declared unconstitutional or invalid for any reason, the remainder of this Order shall not be affected. Section 6. (ff Applicable) Order No. , adopted on , is hereby repealed. Approved and adopted by the Board of Directors on this _ day of , _. President, Board of Directors Attest: Secretary G-4 tSpecial Utility District Order Adopting Water Conservation Plan t Order No. AN ORDER ADOPTING A WATER CONSERVATION PLAN FOR THE SPECIAL UTILITY DISTRICT TO PROMOTE THE RESPONSIBLE ' USE OF WATER AND TO PROVIDE FOR PENALTIES AND/OR THE DISCONNECTION OF WATER SERVICE FOR NONCOMPLIANCE WITH ' THE PROVISIONS OF THE WATER CONSERVATION PLAN. WHEREAS, the Special Utility District (the "District'), recognizes that the t amount of water available to its water customers is limited; and WHEREAS, the District recognizes that due to natural limitations, drought conditions, ' system failures and other acts of God which may occur, the District cannot guarantee an uninterrupted water supply for all purposes at all times; and WHEREAS, the Water Code and the regulations of the Texas Commission on ' Environmental Quality (the "Commission') require that the District adopt a Water Conservation Plan; and ' WHEREAS, the District has determined an urgent need in the best interest of the public to adopt a Water Conservation Plan; and WHEREAS, pursuant to Chapter 65 of the Water Code, the District is authorized to ' adopt such policies necessary to accomplish the purposes for which it was created, including but not limited to the preservation and conservation of water resources; and ' WHEREAS, the Board of Directors of the District desires to adopt the North Texas Municipal Water District (the "NTMWD") Model Water Conservation Plan as official tDistrict policy for the conservation of water. NOW THEREFORE, BE IT ORDERED BY THE BOARD OF DIRECTORS OF ' THE SPECIAL UTILITY DISTRICT THAT: ' Section 1. The Board of Directors hereby approves and adopts the NTMWD Model Water Conservation Plan (the "Plan"), attached hereto as Addendum A, as if recited ' verbatim herein. The District commits to implement the requirements and procedures set forth in the adopted Plan. Section 2. Any customer, defined pursuant to 30 Tex. Admin. Code Chapter 291, failing ' to comply with the provisions of the Plan shall be subject to a monetary fine as allowed by law, and/or discontinuance of water service by the District. Proof of a culpable mental state is not required for a conviction of an offense under this section. Each day a 1 G-5 1 1 G-6 1 tcustomer fails to comply with the Plan is a separate violation. The District's authority to seek injunctive or other civil relief available under the law is not limited by this section. Section 3. The Board of Directors does hereby find and declare that sufficient written notice of the date, hour, place and subject of the meeting adopting this Order was posted at a designated place convenient to the public for the time required by law preceding the ' meeting, that such place of posting was readily accessible at all times to the general public, and that all of the foregoing was done as required by law at all times during which this Order and the subject matter thereof has been discussed, considered and formally acted upon. The Board of Directors further ratifies, approves and confirms such written notice and the posting thereof. Section 4. The General Manager or his designee is hereby directed to file a copy of the Plan and this Ordinance with the Commission in accordance with Title 30, Chapter 288 of the Texas Administrative Code. ' Section 5. Should any paragraph, sentence, clause, phrase or word of this Order be declared unconstitutional or invalid for any reason, the remainder of this Order shall not be affected. ' Section 6. )If Applicable) Order No. , adopted on , is hereby repealed. Approved and adopted by the Board of Directors on this _ day of President, Board of Directors ' Attest: 1 Secretary 1 G-6 1 Water Supply Corporation Resolution Adopting Water Conservation Plan Resolution No. A RESOLUTION ADOPTING A WATER CONSERVATION PLAN FOR THE WATER SUPPLY CORPORATION TO PROMOTE THE RESPONSIBLE USE OF WATER AND TO PROVIDE FOR PENALTIES AND/OR THE DISCONNECTION OF WATER SERVICE FOR NONCOMPLIANCE WITH THE PROVISIONS OF THE WATER CONSERVATION PLAN. WHEREAS, the Water Supply Corporation (the "WSC), recognizes that the amount of water available to its water customers is limited; and WHEREAS, the WSC recognizes that due to natural limitations, drought conditions, system failures and other acts of God which may occur, the WSC cannot guarantee an uninterrupted water supply for all purposes at all times; and WHEREAS, the Water Code and the regulations of the Texas Commission on Environmental Quality (the "Commission") require that the WSC adopt a Water Conservation Plan; and WHEREAS, the WSC has determined an urgent need in the best interest of the public to adopt a Water Conservation Plan; and WHEREAS, pursuant to Chapter 67 of the Water Code, the WSC is authorized to adopt such policies necessary to preserve and conserve its water resources; and WHEREAS, the Board of Directors of the WSC desires to adopt the North Texas Municipal Water District (the "NTMWD") Model Water Conservation Plan as official WSC policy for the conservation of water. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE WATER SUPPLY CORPORATION THAT: ' Section 1. The Board of Directors hereby approves and adopts the NTMWD Model Water Conservation Plan (the "Plan"), attached hereto as Addendum A, as if recited ' verbatim herein. The WSC commits to implement the requirements and procedures set forth in the adopted Plan. Section 2. Any customer, defined pursuant to 30 Tex. Admin. Code Chapter 291, failing to comply with the provisions of the Plan shall be subject to a monetary fine as allowed by law, and/or discontinuance of water service by the WSC. Proof of a culpable mental state is not required for a conviction of an offense under this section. Each day a G-7 L customer fails to comply with the Plan is a separate violation. The WSC's authority to seek injunctive or other civil relief available under the law is not limited by this section. Section 3. The Board of Directors does hereby find and declare that sufficient written notice of the date, hour, place and subject of the meeting adopting this Resolution was posted at a designated place convenient to the public for the time required by law preceding the meeting, that such place of posting was readily accessible at all times to the general public, and that all of the foregoing was done as required by law at all times during which this Resolution and the subject matter thereof has been discussed, considered and formally acted upon. The Board of Directors further ratifies, approves and confirms such written notice and the posting thereof. Section 4. The General Manager or his designee is hereby directed to file a copy of the Plan and this Ordinance with the Commission in accordance with Title 30, Chapter 288 of the Texas Administrative Code. Further, the Board of Directors hereby authorizes the General Manager or his designee to file an amendment to the W SC's tariff to incorporate the Plan therein. Section S. Should any paragraph, sentence, clause, phrase or word of this Resolution be declared unconstitutional or invalid for any reason, the remainder of this Resolution shall not be affected. Section 6. )]f Applicable) Resolution No. , adopted on , is hereby repealed. Approved and adopted by the on this _ day of President, Board of Directors Attest: 1 Secretary ' 446\12VWb d(4)324 1 1 G-8 APPENDIX H ILLEGAL WATER CONNECTIONS AND THEFT OF WATER 1 1 APPENDIX H Illegal Water Connections and Theft of Water Municipal Ordinance Pertaining to Illegal Water Connections and Theft of Water Ordinance No. AN ORDINANCE PERTAINING TO ILLEGAL WATER CONNECTIONS AND/OR THE THEFT OF WATER RELATED TO THE WATER SUPPLY FOR THE CITY OF WHEREAS, the City of , Texas (the "City") recognizes that the amount of water available to its water customers is limited; and WHEREAS, pursuant to Chapter 54 of the Local Government Code, the City is authorized to adopt such policies necessary to preserve and conserve available water supplies; and WHEREAS, the City seeks to adopt an ordinance pertaining to illegal water connections and theft of water. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THAT: Section 1. The City Council hereby approves and adopts this Ordinance as described herein. Section 2. A person commits an offense of theft of water by any of the following actions: (a) A person may not knowingly tamper, connect to, or alter any component of the City's water system including valves, meters, meter boxes, lids, hydrants, lines, pump stations, ground storage tanks, and elevated storage tanks. This shall include direct or indirect efforts to initiate or restore water service without the approval of the City. (b) If, without the written consent of the City Manager or the City Manager's designee, the person knowingly causes, suffers or allows the initiation or restoration of water service to the property after termination of service(s). For purposes of this section, it shall be assumed that the owner, occupant, or person in control of the property caused, suffered, or allowed the unlawful initiation or restoration of service(s). H-1 (c) A person may not knowingly make or cause a false report to be made to the City of a reading of a water meter installed for metered billing. (d) A person commits a separate offense each day that the person performs an act prohibited by this section or fails to perform an act required by this section. Section 3. An offense under this Ordinance is a Class C misdemeanor punishable by a fine of up to two thousand dollars ($2,000.00) and/or discontinuance of water service by the City. Section 4. The City Council does hereby find and declare that sufficient written notice of the date, hour, place and subject of the meeting considering this Ordinance was posted at a designated place convenient to the public for the time required by law preceding the meeting, that such place of posting was readily accessible at all times to the general public, and that all of the foregoing was done as required by law at all times during which this Ordinance, and the subject matter thereof, has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the posting thereof. Section 5. Should any paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected. Section 6. The City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this ordinance as an alternative method of publication provided by law. Section 7. (If Applicable) Ordinance No. , adopted on , is hereby repealed. Passed by the City Council on this _ day of , . Mayor t Attest: 1 tCity Secretary H-2 Municipal Utility District Order Pertaining to Illegal Water Connections and Theft of Water Order No. AN ORDER PERTAINING TO ILLEGAL WATER CONNECTIONS AND/OR THE THEFT OF WATER RELATED TO THE WATER SUPPLY FOR THE MUNICIPAL UTILITY DISTRICT. WHEREAS, the Municipal Utility District (the "District"), recognizes that the amount of water available to its water customers is limited; and WHEREAS, pursuant to Chapter 49 of the Water Code, the District is authorized to adopt such policies necessary to accomplish the purposes for which it was created, including but not limited to the preservation and conservation of available water supplies; and WHEREAS, the District seeks to adopt an order pertaining to illegal water connections and theft of water. NOW THEREFORE, BE IT ORDERED BY THE BOARD OF DIRECTORS OF THE MUNICIPAL UTILITY DISTRICT THAT: Section 1. The Board of Directors hereby approves and adopts this Order as described herein. Section 2. A person commits an offense of theft of water by any of the following actions: (a) A person may not knowingly tamper, connect to, or alter any component of the District's water system including valves, meters, meter boxes, lids, hydrants, lines, pump stations, ground storage tanks, and elevated storage tanks. This shall include direct or indirect efforts to initiate or restore water service without the approval of the District. (b) If, without the written consent of the District, the person knowingly causes, suffers or allows the initiation or restoration of water service to the property after termination of service(s). For purposes of this section, it shall be assumed that the owner, occupant, or person in control of the property caused, suffered, or allowed the unlawful initiation or restoration of service(s). (c) A person may not knowingly make or cause a false report to be made to the District of a reading of a water meter installed for metered billing. (d) A person commits a separate offense each day that the person performs an act prohibited by this section or fails to perform an act required by this section. H-3 Section 3. An offense under this Order is punishable in accordance with the District's rules and policies regarding rates and may result in disconnection of service. Section 4. The Board of Directors does hereby find and declare that sufficient written notice of the date, hour, place and subject of the meeting considering this Order was posted at a designated place convenient to the public for the time required by law preceding this meeting, that such place of posting was readily accessible at all times to the general public, and that all of the foregoing was done as required by law at all times during which this Order, and the subject matter thereof has been discussed, considered and formally acted upon. The Board of Directors further ratifies, approves and confirms such written notice and the posting thereof. Section 5. Should any paragraph, sentence, clause, phrase or word of this Order be declared unconstitutional or invalid for any reason, the remainder of this Order shall not be affected. Section 6. (If Applicable) Order No. , adopted on , is hereby repealed. Approved and adopted by the Board of Directors on this _ day of , President, Board of Directors Attest: Secretary H-4 Special Utility District Order Pertaining to Illegal Water Connections and Theft of Water Order No. AN ORDER PERTAINING TO ILLEGAL WATER CONNECTIONS AND/OR THE THEFT OF WATER RELATED TO THE WATER SUPPLY FOR THE SPECIAL UTILITY DISTRICT. 1 WHEREAS, the Special Utility District (the "District"), recognizes that the amount of water available to its water customers is limited; and WHEREAS, pursuant to Chapter 65 of the Water Code, the District is authorized to adopt such policies necessary to preserve and conserve available water supplies; and WHEREAS, the District seeks to adopt an order pertaining to illegal water connections and theft of water. NOW THEREFORE, BE IT ORDERED BY THE BOARD OF DIRECTORS OF THE SPECIAL UTILITY DISTRICT THAT: Section 1. The Board of Directors hereby approves and adopts this Order as described herein. Section 2. A person commits an offense of theft of water by any of the following actions: (a) A person may not knowingly tamper, connect to, or alter any component of the District's water system including valves, meters, meter boxes, lids, hydrants, lines, pump stations, ground storage tanks, and elevated storage tanks. This shall include direct or indirect efforts to initiate or restore water service without the approval of the District. (b) If, without the written consent of the District, the person knowingly causes, suffers or allows the initiation or restoration of water service to the property after termination of service(s). For purposes of this section, it shall be assumed that the owner, occupant, or person in control of the property caused, suffered, or allowed the unlawful initiation or restoration of service(s). (c) A person may not knowingly make or cause a false report to be made to the District of a reading of a water meter installed for metered billing. (d) A person commits a separate offense each day that the person performs an act prohibited by this section or fails to perform an act required by this section. Section 3. An offense under this Order is punishable in accordance with the District's rules and policies regarding rates and may result in disconnection of service. H-5 Section 4. The Board of Directors does hereby find and declare that sufficient written notice of the date, hour, place and subject of the meeting considering this Order was posted at a designated place convenient to the public for the time required by law preceding this meeting, that such place of posting was readily accessible at all times to the general public, and that all of the foregoing was done as required by law at all times during which this Order, and the subject matter thereof has been discussed, considered and formally acted upon. The Board of Directors further ratifies, approves and confines such written notice and the posting thereof. Section 5. Should any paragraph, sentence, clause, phrase or word of this Order be declared unconstitutional or invalid for any reason, the remainder of this Order shall not be affected. Section 6. {If Applicable} Order No. , adopted on , is hereby repealed. Approved and adopted by the Board of Directors on this _ day of _, _ President, Board of Directors Attest: Secretary ME Water Supply Corporation Resolution Pertaining to Illegal Water Connections and Theft of Water Resolution No. A RESOLUTION PERTAINING TO ILLEGAL WATER CONNECTIONS AND/OR THE THEFT OF WATER RELATED TO THE WATER SUPPLY FOR THE WATER SUPPLY CORPORATION. WHEREAS, the Water Supply Corporation (the "WSC"), recognizes that the amount of water available to its water customers is limited; and WHEREAS, pursuant to Chapter 67 of the Water Code, the WSC is authorized to adopt such policies necessary to preserve and conserve available water supplies; and WHEREAS, the WSC seeks to adopt an order pertaining to illegal water connections and theft of water. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE WATER SUPPLY CORPORATION THAT: Section 1. The Board of Directors hereby approves and adopts this Resolution as described herein. Section 2. A person commits an offense of theft of water by any of the following actions: (a) A person may not knowingly tamper, connect to, or alter any component of the WSC's water system including valves, meters, meter boxes, lids, hydrants, lines, pump stations, ground storage tanks, and elevated storage tanks. This shall include direct or indirect efforts to initiate or restore water service without the approval of the WSC. (b) If, without the written consent of the WSC, the person knowingly causes, suffers or allows the initiation or restoration of water service to the property after termination of service(s). For purposes of this section, it shall be assumed that the owner, occupant, or person in control of the property caused, suffered, or allowed the unlawful initiation or restoration of service(s). (c) A person may not knowingly make or cause a false report to be made to the WSC of a reading of a water meter installed for metered billing. (d) A person commits a separate offense each day that the person performs an act prohibited by this section or fails to perform an act required by this section. H-7 Section 3. An offense under this Resolution is punishable in accordance with the WSC,s Hiles and policies regarding rates, including its approved tariff, and may result in disconnection of service. Section 4. The Board of Directors does hereby find and declare that sufficient written notice of the date, hour, place and subject of the meeting considering this Resolution was posted at a designated place convenient to the public for the time required by law preceding this meeting, that such place of posting was readily accessible at all times to the general public, and that all of the foregoing was done as required by law at all times during which this Resolution, and the subject matter thereof has been discussed, considered and formally acted upon. The Board of Directors further ratifies, approves and confirms such written notice and the posting thereof. Section 5. Should any paragraph, sentence, clause, phrase or word of this Resolution be declared unconstitutional or invalid for any reason, the remainder of this Resolution shall not be affected. Section 6. (If Applicable) Resolution No. , adopted'on , is hereby repealed. Approved and adopted by the Board of Directors on this _ day of _, President, Board of Directors Attest: Secretary am