Res 098-99 8/17/1999RESOLUTION NO. C-1P - C�
RESOLUTION TO APPROVE THE UPDATE TO THE DROUGHT
CONTINGENCY PLAN; DETERMINING THAT THE MEETING AT
WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY LAW.
WHEREAS, the City of Wichita Falls adopted a drought contingency plan in
1992; and
WHEREAS, Senate Bill One requires all water suppliers to prepare and adopt a
drought contingency plan; and
WHEREAS, the Water Resources Commission has evaluated the 1992 Drought
Contingency Plan and has determined that it must be updated to meet the new
requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. That the Drought Contingency Plan as updated and as attached
hereto as Exhibit 1 and made part hereof for all purposes be adopted as the official
policy of the City of Wichita Fails.
SECTION 2. That the Director of Public Works is hereby directed to implement,
administer and enforce the Drought Contingency Plan.
SECTION 3. It is hereby officially found and determined that the meeting at
which this resolution was passed was open to the public as required by law.
PASSED AND APPROVED this the 17th day of August 1999.
ATTEST:
CITY OF WICHITA FALLS
TEXAS
CITY COUNCIL
AUGUST 17, 1999
ITEM 12c
"EXHIBIT 1"
PUBLIC WORKS DEPARTMENT
UPDATE OF THE
DROUGHT CONTINGENCY PLAN
1999
Update of the Drought Contingency Plan
A. General
Wichita Falls has adequate water to sustain it through the longest recorded drought in
history (safe maximum yield). One has to question, however, whether a drought being
experienced is a record - setting drought. Prudence dictates that the safe yields be
treated as statistical values and that reasonable contingency plans be in place to deal
with a shortage of water. This drought contingency plan is predicated on maintaining a
minimum reservoir storage capacity and a finite treatment capacity by using pre -
planned, progressive measures to alter demand and to augment supply. The total
objective of the plan is to keep the level of Lakes Kickapoo and Arrowhead at more
than 25% of the conservation storage capacity, and treatment levels within capacity
limits.
The Director of Public Works is the responsible official for the coordination, expansion
and implementation of this drought contingency plan. All other City departments
provide support as requested by the Director of Public Works.
B. Drought Management Programs.
1. "Drought Watch ": A drought watch will be initiated when the combined
storage of Lakes Kickapoo and Arrowhead declines to 55% of the
conservation pool storage capacity or demand exceeds design treatment
capacity for 3 consecutive days (or exceeds 105% of design). The
purpose of declaring a drought watch is to heighten public sensitivity. The
following actions should occur under the direction of the Director of Public
Work in this phase.
a. The City Council and other City departments will be notified of the
impending problem and the proposed immediate and future actions.
b. In conjunction with the Public Information Office, initiate an education
program through all available media to :
Alert the public to the depletion of the reservoirs; current rate of
withdrawals and the effect of such withdrawals; current treatment rates;
current meteorological conditions; and a long range forecast from the
National Weather Service.
Alert the public to the drought management program, the various stages
and measures, and the possibility of implementation.
Keep a constant flow of information to the public to condition them for
more stringent measures.
Notify Parks Department to reduce their watering scheduling to twice per
week.
C. Coordinate with other departments on the structure to conduct a voluntary
and non - voluntary water restriction program (see Appendix 3).
d. Conduct training necessary to implement the water restriction program.
e. Prepare all administrative processes (forms, affidavits, maps, offices, etc.)
for the restriction program.
2. "Drought Warning ": A Drought warning phase will be issued when the
combined storage level declines to 50% total storage capacity in Lakes
Kickapoo and Arrowhead or demand exceeds design treatment capacity
for 3 days after a drought watch has been declared (or exceeds 110% of
design). This phase will consist of the first stage of conservation and
supply augmentation measures. If the warning is the result of treatment
capacity limitations, Stages 1 -3 will be implemented as appropriate.
Stage 1: Mandatory Program for Non - Essential Uses.
When a drought warning is declared, a number of actions will
commence. The purpose of this stage of action is to reduce the current
net withdrawal from the reservoirs by at least 15 %. The director of Public
Works will cause the following actions to be taken:
Form a Drought Emergency Task Force to guide the remainder of this
drought emergency plan and to interface with the public.
Every available forum will be used to continue to educate the general
public regarding the status of our water supply and to make pleas for
water conservation. This can be accomplished by various means
including, but not limited to news letter; the electronic and printed media;
billing statements; closed circuit television bulletin board; eliciting the aid
of civic organizations such as service clubs, scouting organizations, etc;
working through the public school districts to ask the full support of all
classroom teachers.
All leaks in the raw water and treated water system will be repaired
immediately, without waiting for the most cost effective time.
Water pressure from the treatment plants will be reduced to the minimum
to maintain 35 pounds per square inch pressure in the distribution system
and to provide adequate pressure and flow for fire fighting.
All citizens will be encouraged to immediately alter water use habits using
the techniques indicated at Appendix A.
Non- essential operational uses of water by City crews will be suspended
(for example the flushing of water mains and fire hydrants; street
sweeping; water jet cleaning of sanitary sewer mains; training of fire
fighters; watering by Parks Dept.).
Notify Parks Department to reduce watering to once per week. Only
enough water to support the trees. Will allow grass to turn brown.
Encourage competitive challenges between neighborhoods, sectors of the
society, industries, and other grcups for reduction of water consumption.
Adopt a reduced schedule for outside uses of water for irrigation and other
aesthetic purposes. Appendix 3 has the framework of such a program
that has been developed from previous experience.
Notify all wholesale customers of the situation and require each to adopt
similar reduction goals for their systems in accordance with their individual
contracts with the City of Wichita Falls. Pro rata curtailment by wholesale
customers will be based upon their contractual limits, as provided in
Texas Water Code § 11.039.
Develop a penalty system and prepare for implementation of the system
in Stage 2.
Prepare specific plans for movement of water from Lakes Kemp and
Diversion into the supply stream.
3. "Drought Emergency ": A drought emergency will be declared when
the combined storage level of Lakes Kickapoo and Arrowhead drops to
40% of the total conservation pool storage capacity or demand exceeds
design capacity for 4 weeks (or exceeds design capacity by 115 %). The
drought emergency will remain in effect until the drought has been broken
and sufficient water has been captured in the reservoirs to exceed the
40% level with a reasonable expectation that the drought is permanently
broken. This phase consists of non - voluntary, restrictive measures
imposed in two additional stages.
Stage 2: Mandatory Program for Non - Essential Uses.
When a drought emergency is declared, action will be taken to reduce the
current net withdrawals from the reservoirs by an additional 20% or more. The
Director of Public Works will initiate these actions:
Continue all Stage 1 actions as supplemented and amplified by the Stage
2 requirements below.
Implement the penalty system developed in Stage 1.
Tighten the restriction on non - essential outdoor uses of water (sprinkling;
gardening; washing of cars: filling of public or private swim pools) to fewer
days per week. A program for implementing and enforcing a restriction on
outdoor use of water is at Appendix B.
Specify and impose the additional mandatory reductions on wholesale
(raw or treated) customers.
Renew and increase public education and conservation plea efforts.
Begin integrating water from Lakes Kemp and Diversion into the supply
system at the maximum rate the water can be transferred.
Establish a program for Stage 3 which will allow restriction on the
essential uses of water and prepare for implementation.
Stage 3: Mandatory Program for Essential Uses.
If the mandatory restrictions on non - essential uses does not adequately slow the
withdrawal, and when the combined capacity of the lakes reaches 30% of the
storage, or the demand exceeds 120% of design capacity, the Director of Public
Works will impose mandatory restrictions on essential uses of water.
• Place a total ban on the outdoor use of water for nonessential uses.
• Continue an aggressive public relations and education program.
• Implement enforceable restrictions on essential uses as developed in .
• Stage 2.
APPENDIX A
HALF -A- HUNDRED WAYS TO SAVE WATER
Appendix A
Half -a- Hundred Ways to Save Water
Water Conservation Plan
Here are 50 easy ways to reduce water consumption in and around your home, and
lower the water bills while you're doing it.
In the bathroom....
About 75 percent of the water in the home is used in the bathroom. Put these
conservation tips to work.
Showers usually use less 'Nater than tub baths. Do this the next time you shower: Plug
the drain and compare the water level with the level you would use for a tub bath. This
will give you a good idea as to how much water you save with a shower.
Install a shower head that restricts the amount of flow. You can reduce the amount of
water used from about five gallons per minute to approximately two- and -a -half gallons
per minute and the new, or modified, shower head will pay for itself in a short time.
Take shorter showers. Turn the water off while soaping and back on again only to
rinse.
Don't use hot water when cold will do. Save water and energy by washing hands with
soap and cold water; add 'not water only when hands are especially dirty.
If you have no shower and must take tub baths, reduce the level of the water you have
been using by one or two inches.
When brushing your teeth. turn off the water until you need to rinse your mouth.
Even when washing hands, don't let the water run. Wet hands, turn off the water while
soaping and scrubbing, and turn it on again to rinse.
Shampoo your hair in the shower. It takes little more water than for the bath, and much
less than a separate shampoo will use.
When shaving, pond hot water in the basin instead of letting the faucet run.
Your commode could be leaking without your knowing it. Do this, add a few drops of
food coloring to the water in the tank, but do not flush. Now watch to see if the coloring
appears in the bowl within a few minutes. If it does, the fixture needs adjustment or
repair.
Weight two one -quart bottles with stones or fill with water and replace caps, and lower
them into the tank of the commode. This will reduce the amount of water in the tank but
still provide enough for flushing. (Bricks which some people use for this purpose are
not recommended since they crumble eventually and could damage the working
mechanism, necessitating a call to the plumber).
Install faucet aerators to cut water consumption.
Never use the commode to dispose of cleansing tissues, cigarette butts or other trash.
This can waste a great deal of water and also places an unnecessary load on your
sewage treatment plant.
If you are building a new home or remodeling a bathroom, install a new 3 -1/2 gallon
commode rather than the conventional 5 to 6 gallon fixture.
In the Kitchen....
About 11 percent of in -home water use takes place in the kitchen, much of it wasted.
Here are some tips for saving:
When cooking, use a pan of water (or stopper the sink) for rinsing pots and pans and
cooking implements rather than turning on the water faucet each time a rinse is
needed.
Never run your dishwasher without a full load. In addition to water saving, you'll find
that your expensive detergent goes a lot further, and a significant energy saving will
show up on the utility bill.
Use your sink disposal sparingly, and never for just a few scraps.
Keep a container of drinking water in the refrigerator. Running water from the tap until
it is cool is a waste. Or better yet, save both water and energy by keeping cold water in
a picnic jug on a kitchen counter to avoid opening the refrigerator door needlessly.
When cleaning vegetables, use a small pan of cold water rather than letting the faucet
run.
For cooking most food, use only a little water in the pot and put a lid on it. Not only
does this method save water, but food is more nutritious since you don't pour vitamins
and minerals down the drain with the extra cooking water.
If you hand wash dishes, use a pan of water for rinsing rather than a running faucet.
Keep water conservation in mind always, and think of other ways you can save in the
kitchen. Do you make too much coffee or tea and pour the excess down the drain?
Are ice cubes left to melt in the sink? Even small kitchen savings like those can add up
in a year's time.
Around the house.... ,
Of the total household water use, the washing machine constitutes about 14 percent.
When using an automatic washing machine (32 to 59- gallons are required per cycle),
wash only a full load.
If yo rmachine has several load settings, use the one for light load whenever you can.
Use cold water as oven as possible to save energy and to conserve the hot water for
uses which cold water cannot serve. (This is also better for clothing made of today's
synthetic fabrics).
If you are considering purchase of any new appliance that uses water, check water
requirements of various models and brands. Some use less water than others.
Check all water line connections and faucets for leaks. If you pay $1.01 per 748
gallons of water, you could be paying a rather hefty sum for water that simply goes
down the drain because of leakage. A slow drip can waste as much as 170 gallons of
water EACH DAY, or 5,000 gallons per month and can add as much as $6.75 per
month to your water bill.
Learn to replace faucet washers so that drips can be corrected promptly. It is easy to
do, costs very little, and can represent a substantial sum saved in plumbing and water
bills.
You may have a water leakage of which you are entirely unaware - - -a leak between the
water meter and the house, for example. It's easy to check. Turn off all faucets,
indoors and out, and then check your water meter. If it continues to run, you need to
check for a leak.
Insulate all hot water pipes (especially if you are building a new house) to avoid long
delays (and wasted water) while you wait for the water to "run hot ".
Be sure your hot water heater thermostat isn't set too high. Extremely hot settings
waste water and energy when the water has to be cooled with cold water before you
can use it.
Use a moisture meter to determine when your house plants need a drink. More plants
die from over - watering than from being on the dry side.
Out of doors.....
Water your lawn early in the morning during the hot months. Much water used on the
lawn can simply evaporate between the sprinkler and the grass. (Watering late in the
day to avoid evaporation can invite plant disease).
Use a sprinkler that produces drops of water rather than a fine mist, to avoid
evaporation.
If you use a soaker hose, turn it so that holes are on the bottom, again to avoid
evaporation.
Water slowly for better absorption, and never on windy days.
Forget about watering the streets or walks or driveways. They won't grow a thing.
Condition the soil with compost before planting grass or flower beds so that water will
soak in rather than running off.
Fertilize lawns at least twice a year for root stimulation. Grass with good root systems
makes better use of less water.
Don't water too frequently. Too much water can overload the soil so that air cannot get
to the roots and can encourage plant diseases.
Don't over - water. Soil can absorb only so much moisture and the rest simply runs off.
A timer will help, and either your kitchen timer or an alarm clock will do. An inch- and -a-
half of water applied once a week will keep most of Texas grasses alive and happy.
Automatic sprinkler systems should be operated only when the demand on your town's
water supply is lowest. Set the system to operate between four and six a.m.
Don't scalp your lawn during hot weather. Taller grass holds moisture better. Grass cut
fairly often, so that only 1/2 to 3/4 inch is trimmed off will produce a better looking lawn.
If small areas in your yard need more frequent watering (those near walks or driveways
or in especially hot, sunny spots), use a watering can or hand water with the hose only
in those areas.
Learn what types of grass, shrubbery and plants do best in your area, and in which
parts of your yard; then plant accordingly. If you have a heavily shaded yard, no
amount of water will make the roses bloom. In especially dry sections of the state,
consider attractive arrangements of plants that like arid or semi -arid climates.
You don't have to be a horticulturist to have an attractive yard, but do learn about the
plants you have so that you can water just enough to keep them healthy. Don't water
enough to waste water and injure the plants at the same time.
Consider decorating areas of your yard with rocks, gravel, wood chips, or other
materials which are now available and which require no water at all.
Never "sweep" your walks and driveways with the hose. Use a broom or rake.
When washing the car, use a bucket of soapy water and use the hose only for rinsing.
Remember that saving water also saves energy. About 50 percent of the water
used in a home is hot water. Providing energy to fuel your hot water heater is a
major drain on your utility bill. So save water and you save energy and money at
the same time.
The above helpful hints were provided by the Texas Department of Water Resources in
a booklet entitled: Water....Half -a- Hundred Ways to Save It."
Water Wise Landscaping
A. General: It is estimated that during the warmer months our water use increases by
60 %. Much of this increase can be attributed to landscaping. By incorporating some or
all of the techniques listed below you will decrease your monthly water bill and help
conserve water for future use.
B. Turf Grass: The best choices for turfgrass are listed below in order according to
water and fertilizer needs.
1. Buffalo grass: Native to the local area requires water only during extreme
drought (30 -45 days). Fertilize once in spring or not at all.
2. Zoysia: New releases ( Pallisades, Crown, & Cavalier) are now more
affordable and superior to older varieties. Best choice for shady areas. Water
once every 10 -14 days. Fertilize spring and late summer.
3. Bermuda: Still the most popular but not as low maintenance or drought
tolerant as Buffalo or Zoysia. Water every 7 -10 days. Fertilize spring, summer,
and fall.
4. St. Augustine: This grass has had a history of winter kills and problems with
disease and insects in our area. Water every 5 -7 days. Fertilize spring,
summer, and fall. Zoysia is a much better choice.
5. Tall Fescue: This clump type grass has been used in the past as the best
choice for shade. Fescue does not tolerate heat or drought very well. Zoysia is
a much better choice. Water every 3 -5 days. Fertilize spring, summer, and fall.
C. Mowing: Set your mower deck higher during summer months. By mowing at a
greater height you will be helping your grass withstand evaporation loss and protect the
root systems. Do not rake or bag clippings. Grass clippings are composed mainly of
water and are a valuable source of organic nitrogen. Return this valuable source of
water and nutrients to the soil by mulching or composting.
D. Fertilizing:
1. Compost: Not all fertilizers are created equal. Compost is the best choice.
Compost feeds all plants and improves all soils. Compost contains all nutrients and
minerals needed by plants. Compost adds humus which improves drainage and retains
water at the same time. Use liberal amounts of compost when preparing new planting
areas. Add 1 inch or more each year to lawns or established plantings.
2. Organics: Natural or organic fertilizers are derived from sources such as
manure, plant materials, seaweed, fish, and sewage sludge. These products have
been deodorized and pelletized to be used in conventional spreaders. Organic
fertilizers are basically the same as compost in a form that is easier to apply. Organic
fertilizers break down eventually to form humus. Organic fertilizers react with soil
microbes and do not require water to activate.
3. Synthetic: Synthetic fertilizers are water soluble. This type of fertilizer must
be watered or mixed with water to release nutrients. Synthetic fertilizers do not form
humus and may or may not contain trace minerals or other nutrients needed by plants.
Synthetic fertilizers must be applied carefully or plant damage may occur. Please follow
label instructions.
4. Aeration: The simple act of aerating or cultivating soil has an effect on plants
that is equal to or greater than fertilization. Roots need oxygen and loose soil to
expand. Aeration creates holes which allow water absorption and percolation. Aeration
also helps create humus by allowing more organic matter to enter the soil.
E. Irrigation:
1. Check all hoses, fittings, etc., periodically for leaks.
2. Water deeply but infrequently to promote healthy, drought resistant plants.
3. General water requirements for most native and well adapted plants used in
the home landscape are as follows:
a. Spring (high temp. 85 or below) 1/2" rainfall or supplemental watering
per week.
b. Summer (high temp. 90 or above) 1" rainfall or supplemental water per
week.
c. Fall (high temp 85 or below) same as spring.
d. Winter (high temp 65 or below) 1/4" rainfall or supplemental watering
per week.
4. Use a rain gauge to determine how much and how; quickly your system
delivers water.
5. Adjust watering system to avoid costly runoff. Do not water driveways, decks,
patios, or paved areas.
6. The best time to water is just before dawn when water demand is low. This is
also good for general plant health since leaf surfaces will dry after sunrise
reducing incidents of fungal disease.
7. The worst time to water is at midday when water demand is high. Heat and
wind cause evaporation. As much as 40% of your water may evaporate before
reaching the ground.
8. The best methods of irrigation include drip systems, soaker hose, or simply a
slow running hose laid out on the ground. These methods get water directly to
the root systems without high evaporation rates. This is also best for plants as it
keeps leaf surfaces dry and helps prevent disease. Drip systems can be
integrated with automatic systems and have proven to be the most efficient and
cost effective use of water.
9. The worst irrigation systems are those that spray small water droplets or
create a fine mist. Small water droplets increase evaporation loss. Overhead
sprinklers that throw large water drops are more efficient.
10. Install rain sensors or shut off automatic systems during periods of ample
rainfall.
11. Allow topsoil to become dry between watering.
12. If you have an automatic system pay attention to weather patterns and
adjust your system accordingly. Please don't "set it and forget it."
13. Watering during midday in the summer may cause leaves to burn by
magnifying the sun's heat and leaving salt deposits to further drying of leaf
surfaces.
14. Consider using storage systems such as rain barrels, cisterns, or collection
ponds for use in supplemental watering.
15. Use swales or ditches to channel runoff to ponds or plants that will benefit
from extra water.
F. Ornamentals:
1. The best trees, shrubs, or flowering plants will be those that are native to or
proven to be well adapted to the area. Educate yourself or consult your local
county agent or nursery professionals for the best choices.
2. New landscaping (including turfgrasses) should be done with heat and
drought tolerance as well as aesthetics in mind.
3. Group plants according to water needs. Do not plant high water use plants
together with those that are from dry environments.
4. Limit the use of water demanding plants to small areas or pots.
5. Potted plants should have saucers to retain water.
6. Resist the temptation to grow plants that are not suited to the local
environment. The plants that you may have grown "back home" may not do well
here.
G. Hardscapes: Consider the fact that hardscapes do not need water, fertilizer,
weeding, or mowing. Patios, decks, walkways, parking areas, storage areas, etc., may
be costly initially but do not require the constant maintenance of lawns. A 5,000 sq. ft.
bermuda grass lawn may be worth tens of thousands of dollars in terms of maintenance
in less than ten years.
Use a blower or broom to clean hardscapes instead of hosing off the area.
H. Mulch: Bare soil is a no -no. Bare soil heats up and dries out quickly. Mulch helps
retain valuable water. Mulch is simply any material that covers the ground.
1. Living mulch: Plant material such as ground covers, or turfgrasses that cover
bare soil and reduces evaporation and runoff.
2. Organic mulch: Includes leaves, grass clippings, straw, paper, saw dust,
wood chips, gravel, manure, or compost.
3. Most mulches eventually decompose to create humus and feed the soil.
4. Mulches like cedar chips, cypress chips, and gravel do not decompose readily
but are cost effective since they do not have to be replaced frequently.
I. Pollution: Limit the use of toxic chemicals in the home landscape. What we use on
our lawns and gardens today will eventually wind up in our groundwater, streams,
rivers, and lakes. Dispose of unused fertilizers and pesticides properly. The choices
we make today will effect the quality of our fresh water supplies tomorrow. Please
choose to conserve, preserve, and protect our fresh water supplies for the future.
APPENDIX B
RESTRICTION PROGRAM
FOR OUTDOOR WATER USES
Appendix B
Restriction Program for Outdoor Water Uses
Water Conservation Plan
A. Introduction and Background
A water utility is susceptible to both temporary and long -term interruptions and
reductions of water service to its customers. Water service interruptions and
restrictions may be the result of mechanical failures or other unplanned reasons. The
purpose . of this appendix is to provide the framework for restricting outdoor uses of
water. The basic procedures outlined in this appendix were developed and used when
the City of Wichita Falls experienced a shortage in treatment capacity during the high
demand season of the summer of 1986.. An understanding of the techniques,
procedures, and considerations outlined in this appendix will allow efficient
implementation of a restriction program.
These basic techniques, procedures and considerations will apply to varying degrees of
restriction on the use of water. The specific restrictions implemented should be
selected and developed to solve the specific problem creating the interruption or
reduction of service; excessive restriction should be avoided. The program outlined
herein can be initiated on a volunteer basis, but experience has shown very little effect
to result. Enforcement will normally be required; therefore, a special section on
enforcement is included.
B. Legal Basis
The Code of Ordinances of the City of Wichita Falls provides the legal basis for
restrictions on the use of water. Section 32 -34 of the Code reads as follows: " In the
event of a shortage of water, it shall be unlawful for any person to use City water for
sprinkling or wetting parks, lawns, trees, shrubs, flowers, vegetables, grains, walks,
drives, streets or construction work of any character, provided notice to discontinue use
of City water for such purposes is given or published by the Department of Public
Utilities, and no water shall be used for such purposes again until permission is granted
by the department."
Section 1 -5 of the Code provides the penalty provisions for violation of an ordinance - -a
fine not exceeding $200.00 per day. The typical fine assessed by the Municipal Judge
in 1986 was $50.00.
Although the legal basis is in place, it is advisable to begin coordinating with the City
Attorney's office as soon as the potential need for restriction is recognized.
C. Restrictions and Considerations
The type of restriction on outdoor use of water will depend on whether the objective is
to reduce the peak demand for water or to reduce the overall use of water. Experience
has shown that a simple alternate -days watering program can be effective to reduce a
peak but will not have a.significant effect on the total use of water.
A basic even -odd watering day program can be implemented fairly quickly. When a
seven - day - per -week schedule is adopted, even calendar days are designated "even
days" and odd calendar days are designated "odd days ". The customer's house
number as listed in the telephone directory is used to determine on which day a
customer may or may not use water in accordance with the stated restrictions. An even
house number customer uses water on even days; an odd house number customer
uses water on odd days. If the customer does not have a house number listed In the
telephone directory, the customer should declare the location as even or odd, and the
utility will then use that declaration as the basis of any enforcement actions. Structures
such as factories and other commercial locations that occupy several lots and can have
a portion on an even numbered system and a portion on an odd numbered street,
simply uses the address as listed in the telephone directory. Apartment complexes
should use the address of their business office or resident manager, and the whole
complex should be on the same schedule. In some cases, the utility simply may have
to assign the customer to a schedule.
If the objective is to reduce the overall use of water, a complete ban can be placed on
selected outdoor uses for one or more days per week. By using a tiered approach the
restrictions may be tightened to meet tougher goals. Tier one would be a restriction to
watering only on the days that your garbage is collected. This translates to Monday
and Thursday, North of Kell Blvd. and Tuesday and Friday, South of Kell Blvd. If
greater restrictions become necessary a five day program could be implemented.
Houses with addresses ending in 0 or 1, water on Monday. 2 or 3 on Tuesday, 4 or 5
on Wednesday, 6 or 7 on Thursday, and 8 or 9 on Friday. Another option is to use
sections of the City rather than house numbers to designate who can use water at a
particular time.
The number of days per week on which use of water is banned is a function of the
objective. Obviously more water will be saved on a two- or four -day watering schedule
than on a six -day schedule. How serious is the situation requiring the ban?
More restrictive is the use of specific times in conjunction with a restricted watering
system. The use of water for certain outdoor purposes can be banned during specific
times of the day. For example, in 1986 the City allowed no outside use of water for
irrigation of plant life during the hours of 5 p.m. to midnight; during all other hours, the
even -odd day system was used. This would impact those without automatic systems
greatly, so provisions must be made for people to water after work or on weekends.
The next basic decision that must be made is the uses of water that will be restricted.
In the outdoor use of water, the restriction can range from the control of water for
irrigation purposes to a total ban on all outdoor, non - essential uses. The greatest effect
will be received from controlling the use of water for irrigating plant life. If the
restrictions extend beyond irrigation, the specter of commercial uses of water arise.
Most visible in this specter, and the one causing the most irritation to the normal citizen,
is the use of water by commercial car washes. One has to be careful that public
opinion does not force restriction on one type of commercial enterprise, for example car
washes, without similarly affecting all other commercial enterprises.
D. Public Information
The public must be fully aware of the nature and extent of the reason for water
restrictions. All available forms of communication should be used to apprise the public
of impending restrictions, and of the implementation of restriction programs. Special
effort must be made to advertise the rules of the restriction program; this should be an
area of repeated emphasis so the public clearly understands when they can use water
and for what purposes. In an enforcement that results in legal action the utility may
have to show that it adequately informed the public and that a reasonably informed
person should be aware of the restriction rules. Normally an initial, short grace period
should be allowed so the public can adjust to the restrictions; this is particularly true if
the program is to be mandatory and enforced with legal citations. Experience has
shown the public will not respond to a problem they do not beiieve or do not
understand. Therefore, conditioning of the public should begin as soon as the potential
for restrictions is recognized.
E. Enforcement of Restrictions
Sworn peace officers are not required for the enforcement process. The enforcement
can be accomplished by regular employees of the City who have been trained for the
enforcement process. This is possible because any citizen can file a legal complaint in
the Municipal Court when they have knowledge of a violation of law. City employees,
therefore, may be used to file legal complaints rather than formal citations as might be
issued by a sworn peace officer such as a policeman, constable, or other authority.
The city should be divided into patrol areas. These areas may be of varying size. The
areas of the city that are primarily commercial will require little patrolling. Commercial
firms are normally very sensitive to public perceptions and opinions, and their
compliance with community laws and initiatives is usually very good. Residential areas
should be sized according to the amount of outside uses one can expect. More affluent
areas normally have more irrigation systems and usually irrigate more frequently and
regularly than do less affluent areas.
The patrol officers should be trained in the specific functions to be accomplished.
Particularly important is instruction on the rules of evidence necessary for a legal
conclusion in Municipal Court. At Attachment 1 are examples of probable cause
affidavits that can be used in writing the complaint. Employees who are serving as
patrol officers should be provided the example affidavits and should use the same
general wording when the complaint is written, substituting the address, etc. The
complaint should be served on the occupant of the house if the occupant is at home. If
the occupant is not at home, a Notice of Complaint form should be left to notify the
resident. An example of the notice of complaint form is at Attachment 2. The form
used to write a complaint is the standard Municipal court citation (see Attachment 3).
These are controlled, numbered forms and are issued and accounted for by the
Municipal Court. It is best that all patrol officers have radio communications with a
central office, preferably the Utilities Dispatcher who can assist with addresses,
customer names, rules of the restrictions and other information useful for the
enforcement process. Enforcement personnel should be encouraged not to approach
the residence of a customer until after the citation has been completely filled out and
ready to serve. They should serve the citation quickly and leave the premises of the
customer immediately, so as not to become involved any more than necessary in
arguments or discussions with the customer. Enforcement officials are told to make no
judgments regarding whether the violation of the restriction is right or wrong, justified or
unjustified. The official should have a purely clinical approach - - - -if a violation is
occurring , a citation should be issued. If the customer has a valid reason for violating
the restriction, the customer has the option of pleading not guilty and stating his case
before the Municipal Judge.
Enforcement should be only as aggressive as necessary to achieve the results sought,
and must be balanced with public perceptions and responsiveness. Random,
unannounced patrols in the various patrol areas worked well in our previous
experience. The number of citations became progressively less as the public adjusted
to the restrictions and realized enforcement was underway. There were no repeat
offenders reported.
F. Exemptions from Restrictions
There doubtlessly will be need for exemptions in some cases. The exemptions should
be closely controlled and the rules for eligibility for exemption should be clearly
identified and publicized. For example, in the 1986 experience, exemptions were given
to customers with newly seeded or sodded lawns. The exemptions were only for the
sodded /seeded area. The exempted use should be supported by a permit such as that
at Attachment 4. The permit should be displayed by the customer during the time of the
exempted use of water to allow patrol officers to immediately recognize an exempted,
permitted use. A central record of all exemptions given should be maintained, using a
form such as that at Attachment 5. The central log of exemptions is then used to
support the patrol officers in the field and to respond to citizen complaints. Exemptions
should be issued by a single office, applying the rules of exemption consistently.
G. Management Controls
Management needs to receive data to determine the effect of the restrictions and to
allow adjustments as necessary. The amount, timing and type of data will be
determined by the type restrictions imposed and the objectives being sought. Data may
include pressure reports, productions reports, report of customer complaints received,
and citation reports. A suggested format for a Daily Citation Report is shown at
Attachment 6. The utility will probably need to submit periodic reports to higher levels
of management, particularly the City Council.
H. Coordination
Perhaps most important in the whole process is coordination by the utility office with
other City offices:
City Attorney's Office: legal basis of specific program.
Municipal Court: training of patrol officers; rules of evidence; issuing /receiving
citation forms; court processes.
Public Information: constant education program for public; news releases on
rules, status of restrictions, etc.
Restrictions of Wholesale Customers
The contract with wholesale customers provides, in most cases, that if it becomes
necessary to ration the water sold to citizens of Wichita Falls,. the supply of water to the
consumers of the wholesale customer shall be reduced or diminished in the same ratio
or proportion as the supply to the citizens of Wichita Falls is reduced or diminished. A
pro rata curtailment of wholesale customers will be based on their contractual limits as
provided in Texas Water Code § 11.039. The utility must therefore coordinate with the
wholesale customers to seek similar restrictions in use as those imposed on the citizens
of Wichita Falls. The City obviously has no jurisdiction within the service area of the
wholesale customer, and must rely on the contractual relationship and the specific
wording of the individual contracts for any enforcement process relating to the
wholesale customer. It is recommended that all wholesale contracts be amended to
provide a surcharge of 100% for those customers not meeting the pro rata goals set by
this plan. Experience in 1986 indicates wholesale customers cooperate very readily
with any restrictions. The utility must expect numerous citizen calls from consumers in
the wholesale customer, service area asking questions about the procedures within their
system and perhaps complaining about various aspects of their own system. These
customers must be referred back to their own management structure, and the City must
not become involved in the internal operating procedures or techniques of the
wholesale customer. Again, the relationship of the City with the wholesale customer is
established by the individual contract.
E- X- A- M -P -L -E
PROBABLE CAUSE AFFIDAVIT
OCCUPANT NOT AT HOME
On July 29, 1986, 1 was on patrol in the vicinity of Wenonah and Yale Streets looking
for violations of the ordinance on water restrictions. I saw a sprinkler running in the
yard of the house at 3806 Wigwam, an even numbered house. The time was 2:32 PM.
Since this was an odd day, I wrote a citation for the violation. No one was home, so I
left a Notice of Complaint form to notify the resident. I got the name of Mary Smith from
the Utilities Dispatcher.
PROBABLE CAUSE AFFIDAVIT
OCCUPANT AT HOME
On July 30, 1986, 1 was on patrol in the area of Sikes Addition looking for violations of
the ordinance on the use of water. A yard sprinkler system was running in the front
yard at 4788 Yosemite Drive. The time was 7:15 PM. No one is supposed to water
from 5:00 PM to midnight, so I wrote a citation. The man who answered the door said
his name was Jon Q. Public and that he lived in the house. I gave the Citation to him
and left.
Notice of Filing of Complaint
Address
On the date indicated below, water was being used for irrigation at your
residence /business in violation of the current restrictions authorized by the Code of
Ordinances of the City of Wichita Falls. A complaint will be filed in the Municipal court,
and a summons will be issued for your appearance in court. You will receive the
summons by mail in the near future. Should you have questions regarding this
complaint, please call the Clerk of the Municipal Court at 761 -7880.
Date
Representative
City of Wichita Falls
PROBABLE CAUSE AFFIDAVIT
THE STATE OF TEXAS
COUNTY OF WICHITA
I ,
I have good reason to believe and do believe, that
about the day of
committed the offense of
based upon the following facts, to -wit:
MUNICIPAL COURT OF RECORD
CITY OF WICHITA FALLS, TEXAS
19
, do solemnly swear that
, on or
unlawfully
such belief being
All of the above events occurred within the corporate limits of the City of Wichita
Falls, Texas, and were observed by me unless otherwise indicated.
SUBSCRIBED AND SWORN TO BEFORE ME BY
a credible person on this the
f iant
day of
19
Deputy Clerk of Municipal Court
Attachment 3
Complete the following areas on the front of the "Probable Cause Affidavit ": when a
violation of the restricted water use is observed before approaching the residence.
Remember to make a carbon copy.
Residence Address Write in the address where violation was
observed such as:
2901 Seymour Road
1400 Kemp Blvd.
1701 Montgomery Place
Offense Date
Offense Time
Description of Violation
Officer /Official
Department
Statute or Ordinance #
Race Sex and Defendant
Name
The date violation was observed such as:
07/31/86 ,
The time violation was observed such as:
5:27 PM
Illegal outside watering
Sign your name
Utility Collections
32 -34
Are discussed in the following instructions
Approach house and notify customer that they are in violation of the restricted water
use now in force. Obtain the customer name and record in the Defendant section of the
Citation. Do not cite baby- sitter, children, etc., only a responsible adult, i.e.: Mr. or Mrs.
John Q. Public. Note the race and sex of the individual you leave the citation with. If
address is a business, school, etc., ask for the name of responsible person (e.g. school
principal) and issue citation in that name.
When completed, ask the customer to sign on the Signature line on the bottom of the
form. If the customer refuses to sign write "refused to sign" at the bottom and give the
customer the carbon copy of the citation.
If no one is home or no responsible adult is present, write "request summons" on the
Signature line, leave a "Notice of Filing of Complaint" and return all copies of the
citation to designated office. Contact 470 (Dispatcher) for the name on the Utility
account and record the name in Defendant area. If the address is in the name of a
business, school, etc., ask dispatcher to find the name of a responsible person in the
firm or school and write citation in the name of that person.
If an error is made on completing the form write "void" across the form and a brief
explanation of the reason for void such as: Customer has well for watering /no violation.
When the Notice of Filing of Complaint form has been left at the address or the carbon
copy of the citation has been left with the customer, you should return to your vehicle
and complete the Probable Cause Affidavit. Examples are attached to assist you in
completing this form. Sign the form on the Affiant line.
All tickets issued to you must be accounted for and returned on a daily basis. You must
pick up ticket forms at Municipal Court and sign for them. Return completed forms to
the Utilities Operation Manager.
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Permit No.
Name
Address_
Telephone
Permit No.
Name
Address_
Telephone
Permit No.
Name
Address_
Telephone
Permit No.
Name
Address_
Telephone,
Permit No.
Name
Address_
Telephone
Permit No._
Name
Address_
Telephone
DAILY CITATION REPORT
WATER RESTRICTIONS
AUGUST 29, 1986
Name Address
1. Joe Citizen 2426 Anystreet St.
2. Mary Doe #6 Anonymous Blvd.
3. etc.
. .. . ..... .
ORDINANCE NO.
A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, RATIONING THE USE OF OUTSIDE WATER
WITHIN THE CITY OF WICHITA FALLS; PROVIDING A PENALTY
PROVISION, AND DECLARING AN EMERGENCY; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE
WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY
LAW.
WHEREAS, the lack of sufficient rainfall combined with unusualy high
temperatures has caused water consumption within the City of Wichita Falls to reach
peak levels; and,
WHEREAS, such continued high water usage,- if not regulated, could result in an
inability to adequately treat the amount of water necessary to meet the demand; and, -
WHEREAS, in order to protect and preserve public health and safety, it is
necessary to impose the following restrictions on the use of outside water within the
City of Wichita Falls.
NOW, THEREFORE, BE IT ORDAINED- BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS:
SECTION 1. It shall be unlawful for any person, firm, corporation or other entity
to run outside water sprinklers except in accordance with the following schedule:
a. Addresses ending in 0 or 1 may run water sprinklers on Mondays only.
b. Addresses ending in 2 or 3 may run water sprinklers on Tuesdays only.
C. Addresses ending in 4 or 5 may run water sprinklers on Wednesdays
only.
d. Addresses ending in o or 7 may run water sprinklers on Thursdays only.
e. Addresses ending in 8 or 9 may run water sprinklers on Fridays only.
Notwithstanding the above, it shall be lawful on any day of the week to utilize outside
water that is sourced from a hand -held hose where some responsible person is present
to monitor the use of such water. The running of water through a hose or similar device
that is not supervised by some responsible person shall be unlawful.
SECTION 2. Any person, firm, corporation 'or other entity found in violation of
any provision of this ordinance shall be punished by a fine not exceeding Five Hundred
($500.40) Dollars. Each day of violation of this ordinance shall constitute a separate
offense.
SECTION 3. This ordinance shall remain in effect until such time as the Mayor
shall by public announcement declare the water emergency terminated and direct that
normal water may usage continue. .
Y
SECTION 4. The fact that public health and safety will be adversely affected
unless the ordinance tapes immediate effect creates an emergency, requiring that the
ordinance shall take effect immediately, and it is so ordained.
SECTION 5. It is hereby officially found and determined that the meeting at
which this ordinance was passed was open to the public as required by law.
ATTEST:
City Clerk