The city council hereby approves to replace the city’s drought contingency and water emergency plan (the plan). The city commits to implement the program changes according to the procedures set forth in the revised plan.

Sec. 18.08.002 Declaration of policy, purpose, and intent

(a)It is hereby declared that, because of the water conditions prevailing in the city, the water resources available to the city shall be put to the maximum beneficial use and that the waste, unreasonable use, or unreasonable method of use of water be prevented, and the conservation of such water to be extended with a view to the reasonable and beneficial use thereof in the interests of the people of the city and for the public health and welfare.

(b)Water uses regulated or prohibited under the drought contingency and water emergency plan are considered to be nonessential and continuation of such uses during times of water shortage or other emergency water supply condition are deemed to constitute a waste of water which subjects the offender(s) to enforcement as defined in section 18.08.014 of this article.

Sec. 18.08.003 Quantitative goals of this plan

This plan reflects the quantitative goals specified by the city’s water conservation plan (see article 18.11), as required by Title 30, Texas Administrative Code, Chapter 288 (30 TAC §288). The city’s annual average water use over the past five years is 166.7 gallons per capita per day (gpcd). The city’s annual average water loss over the past five years is 13.6% of water delivered or 29.4 gpcd. Presented below are the city’s five year and ten year goals for reducing the annual average water use and water loss.

(1)Five-year conservation goals.

(A)Reduce the average per capita day water usage by 2.5% by 2014 with a goal of achieving 162.5 gpcd.

(B)Reduce water loss by 2.5% by 2014 so that water loss is no more than 13.3% of delivered water or 26.1 gpcd.

(2)Ten-year conservation goals.

(A)Reduce the average per capita day water usage by 2.5% between 2014 and 2019 with a goal of achieving 158.4 gpcd by 2019.

(B)Reduce water loss by 2.5% by 2019 so that water loss is no more than 13.0% of water delivered or 24.5 gpcd.

Sec. 18.08.004 Public education

The city will periodically provide the public with information about the plan, including information about the conditions under which each stage of the plan is to be initiated or terminated and the drought response measures to be implemented in each stage. This information will be distributed in an efficient and timely manner which may include, but not be limited to a press release or notice on the city’s website.

Sec. 18.08.005 Wholesale water customer education

The city will periodically provide wholesale water customers with information about the plan, including information about the conditions under which each stage of the plan is to be initiated or terminated and the drought response measures to be implemented in each stage.

Sec. 18.08.006 Coordination with regional planning groups

The service area of the city is located within the Lower Colorado Regional Water Planning Area (Region K) of the state and the city has provided a copy of this plan to the Lower Colorado Regional Water Planning Area.

Sec. 18.08.007 Authorization

The city manager is hereby authorized and directed to implement the applicable provisions of this plan upon determination that such implementation is necessary to protect public health, safety, and welfare. The city shall have the authority to initiate or terminate drought or other water supply emergency response measures as described in this plan.

Sec. 18.08.008 Application

The provisions of this plan shall apply to all persons, customers, and property utilizing water provided by the city. The terms “persons” and “customer” as used in the plan include individuals, corporations, partnerships, associations, and all other legal entities.

Sec. 18.08.009 Definitions

For the purpose of this plan, the following definitions shall apply:

Acre-feet. The amount of water required to cover an area of one acre to a depth of one foot. One acre-foot of water is equal to almost 326,000 gallons.

Auxiliary source. A source of water other than the city’s public water system which may include reuse effluent, raw, ground or well water.

City. The City of Cedar Park, Texas.

City manager. The city manager or any designated person acting on the city manager’s behalf.

Combined storage. The amount of water stored in acre-feet in Lake Travis and Lake Buchanan according to records kept by the Lower Colorado River Authority (LCRA).

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 supply is conserved and made available for future or alternative uses.

Customer. Any person, company, organization, or legal entity receiving water supplied by the city.

Landscape irrigation use. Water used for the irrigation and maintenance of landscaped areas, whether privately or publicly owned, including residential and commercial lawns, gardens, golf courses, parks, and rights-of-way and medians.

Nonessential water use. Water uses that are neither essential nor required for the protection of public health, safety, and welfare, including:

(1)Irrigation of landscaped areas, including parks, athletic fields, and golf courses, except as otherwise provided by this plan;

(2)Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle;

(3)Use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas;

(4)Use of water to wash down buildings or structures for purposes other than immediate fire protection;

(5)Flushing gutters or permitting water to run or accumulate in any gutter or street;

(6)Use of water to fill, refill, or add to any swimming pools or jacuzzi-type pools;

(7)Use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to support aquatic life;

(8)Failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s); and

(9)Use of water from hydrants for construction purposes or any other purposes other than firefighting.

Nonresidential customer. All other customers not classified as residential customer, including but not limited to businesses, schools, government entities, multifamily developments and property management associations (e.g. homeowners’ associations).

Outdoor water use. Includes but is not limited to watering lawns, shrubs, and other types of outdoor vegetation; washing vehicles, boats, and trailers; use of landscape irrigation systems; the refilling or adding water to swimming pools or wading pools or ponds; the operation of any ornamental fountain or other similar structure; the use of water from fire hydrants for uses other than firefighting or other activities necessary to maintain health and safety conditions; the watering of patios, driveways, parking areas, streets, tennis courts, sidewalks or other paved areas; and the watering of ground foundations.

Residential customer. Any person, company, organization, or other legal type entity receiving water supplied by the city at a location where the principal use of the property is for single-family or duplex habitation.

Xeriscape. A method of landscaping which conserves water through the use of specific principles of design, plant selection, installation, maintenance, and irrigation methods.

Sec. 18.08.010 Triggering and termination criteria for drought response stages

(a)The city manager shall monitor the water supply and/or production and shall determine when conditions warrant initiation or termination of each stage of the plan.

(b)The triggering criteria described below are based on combined storage, customer water consumption and water treatment plant production/distribution system capacity.

(1)Stage 1–Voluntary water conservation conditions.

(A)Requirements for initiation. Customers shall be requested to voluntarily conserve water and adhere to the water restrictions on nonessential water use, defined in section 18.08.009 of this plan at all times.

(B)Requirements for termination. Stage 1 of the plan may be rescinded at any time by the city manager. The city will notify its wholesale water customers of the initiation and termination of stage 1 of the plan.

(2)Stage 2–Moderate water shortage conditions.

(A)Requirements for initiation. Customers shall be required to comply with the requirements and restrictions on nonessential water uses, defined in section 18.08.009 of this plan at all times when:

(i)Daily water consumption for three consecutive days reaches 90% of production/distribution capacity and/or the combined storage reaches 900,000 acre-feet, which typically corresponds to an elevation in Lake Travis of 637 feet.

(ii)Weather conditions are to be considered in drought classification determination. Predicted long, cold, or dry periods are to be considered in impact analysis.

(B)Requirements for termination. Stage 2 of the plan may be rescinded by the city manager when all of the conditions listed as triggering events have ceased to exist for a period of three (3) consecutive days. Upon termination of stage 2, stage 1 becomes operative. The city will notify its wholesale water customers of the initiation and termination of stage 2 of the plan.

(3)Stage 3–Severe water shortage conditions.

(A)Requirements for initiation. Customers shall be required to comply with the requirements and restrictions on nonessential water uses, defined in section 18.08.009, for stage 3 of this plan when:

(i)Daily water consumption exceeds 90% of production/distribution capacity for three consecutive days; and/or the combined storage reaches 600,000 acre-feet, which typically corresponds to an elevation in Lake Travis of 618 feet;

(ii)Daily water consumption will not enable storage levels to be maintained;

(iii)System demand exceeds available high service pump capacity;

(iv)Water system is contaminated whether accidentally or intentionally. Severe condition is reached immediately upon detection;

(v)Water system fails from acts of God (tornadoes, hurricanes) or man. Severe condition is reached immediately upon detection;

(vi)Any mechanical failure of pumping equipment which will require more than 12 hours to repair which causes unprecedented loss of capability to provide water service.

(B)Requirements for termination. Stage 3 of the plan may be rescinded by the city manager when all of the conditions listed as triggering events have ceased to exist for a period of three (3) consecutive days. Upon termination of stage 3, stage 2 becomes operative.

(4)Stage 4–Extreme water shortage conditions.

(A)Requirements for initiation. Customers shall be required to comply with the requirements and restrictions on nonessential water uses, defined in section 18.08.009, for stage 4 of this plan when:

(i)Daily water consumption reaches 95% of production/distribution capacity for three consecutive days; and/or the combined storage reaches 200,000 acre-feet, which typically corresponds to an elevation in Lake Travis of 578 feet;

(ii)Daily water consumption will not enable storage levels to be maintained;

(iii)System demand exceeds available high service pump capacity;

(iv)Water system is contaminated whether accidentally or intentionally. Severe condition is reached immediately upon detection;

(v)Water system fails from acts of God (tornadoes, hurricanes) or man. Severe condition is reached immediately upon detection;

(vi)Any mechanical failure of pumping equipment which will require more than 12 hours to repair which causes unprecedented loss of capability to provide water service.

(B)Requirements for termination. Stage 4 of the plan may be rescinded by the city manager when all of the conditions listed as triggering events have ceased to exist for a period of three (3) consecutive days. Upon termination of stage 4, stage 3 becomes operative.

Sec. 18.08.0 11Drought response stages

The city shall monitor the water supply and/or production as needed and, in accordance with the triggering criteria set forth in section 18.08.010 of the plan, shall determine that a moderate, severe, or extreme condition exists and shall implement the following actions upon public notification:

(1)Stage 1–Voluntary water conservation conditions. The goal for stage 1 of the plan is to raise public and customer awareness of water demand conditions.

(A)Voluntary water use measures.

(i)Water customers shall voluntarily limit outdoor water use by participating in the two-day per week watering schedule for outdoor water use. Outdoor water use shall only occur on a designated outdoor watering day, which shall be two days per week. The two-day per week watering schedule will be determined and distributed by the city.

a.Residential customer watering days:

1.Last digit of their street address ending in a 0, 2, 4, 6, or 8: Thursday and Sunday.

2.Last digit of their street address ending in a 1, 3, 5, 7, 9: Wednesday and Saturday.

b.Commercial customer watering days: Tuesday and Friday.

(ii)Outdoor water use is discouraged between the hours of 10:00 a.m. and 7:00 p.m. except with handheld hoses equipped with a positive pistol grip nozzle or other device that automatically shuts off water flow when the hose is not being used, or handheld buckets. The time restrictions do not apply to:

a.The irrigation of commercial plant nurseries;

b.Irrigation using treated wastewater effluent;

c.New landscape installation during installation and the first ten (10) days; and

d.The testing of new irrigation systems or existing irrigation systems being tested or under repair.

(iii)All operations of the city shall adhere to nonessential water use restrictions [defined] in section 18.08.009 of this plan.

(iv)Water customers are requested to practice water conservation and adhere to the restrictions on nonessential water uses, defined in section 18.08.009.

(B)Demand management measures. The city will contact wholesale water customers to discuss water supply and/or production conditions and will request that wholesale water customers initiate voluntary measures to reduce water use.

(2)Stage 2–Moderate water shortage conditions. The goal for stage 2 of the plan is to reduce and maintain maximum daily water demand below ninety percent (90%) of system capacity.

(A)Water use restrictions. Under threat of penalty for violation, the following water use restrictions shall apply to all persons:

(i)Water customers shall be required to limit outdoor water use by participating in the two-day per week watering schedule for outdoor water use. Outdoor water use shall only occur on a designated outdoor watering day, which shall be two days per week. The two-day per week watering schedule will be determined and distributed by the city.

a.Residential customer watering days:

1.Last digit of their street address ending in a 0, 2, 4, 6, or 8: Thursday and Sunday.

2.Last digit of their street address ending in a 1, 3, 5, 7, 9: Wednesday and Saturday.

b.Commercial customer watering days: Tuesday and Friday.

(ii)Outdoor water use is prohibited between the hours of 10:00 a.m. and 7:00 p.m. except with handheld hoses equipped with a positive pistol grip nozzle or other device that automatically shuts off water flow when the hose is not being used, or handheld buckets. The time restrictions do not apply to:

a.The irrigation of commercial plant nurseries;

b.Irrigation using auxiliary source;

c.New landscape installation during installation and the first ten (10) days; and

d.The testing of new irrigation systems or existing irrigation systems being tested or under repair.

(iii)The washing of automobiles, trucks, motorbikes, boats, trailers, airplanes or other vehicle is prohibited except on designated watering days. Washing is prohibited between the hours of 10:00 a.m. and 7:00 p.m. Such washing when allowed, shall be done with a handheld bucket or a handheld hose equipped with a positive shutoff nozzle for quick rinses. The washing of individual vehicles may be done at any time on the immediate premises of a commercial carwash or commercial service station. Further, this restriction does not apply to the washing of vehicles or any other type of mobile equipment (such as garbage trucks and vehicles to transport food and perishables) when the health, safety, and welfare of the public is contingent upon frequent vehicle cleansing. Charity carwashes are prohibited.

(iv)Use of water to fill, refill, or add to any swimming pools, wading pools, or jacuzzi-type pools is prohibited except on designated watering days. This water use is prohibited between the hours of 10:00 a.m. and 7:00 p.m.

(v)Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system.

(vi)Use of water from fire hydrants shall be limited to firefighting, related activities, or other activities necessary to maintain public health, safety, and welfare, except that use of water from designated fire hydrants for construction purposes may be allowed under written permission from the city. (See section 18.08.013 of this plan.)

(vii)Use of water for the irrigation of golf course greens, tees, and fairways is prohibited except on designated watering days. Such irrigation may not take place between the hours of 10:00 a.m. and 7 p.m. These restrictions do not apply to the irrigation of any golf course which uses an auxiliary source.

(viii)All restaurants are prohibited from serving water to its patrons except when requested.

(ix)The following uses constitute a waste of water and are prohibited:

a.Washing sidewalks, walkways, driveways, parking lots, tennis courts, patios or other hard-surfaced areas except to alleviate immediate health or safety hazards.

b.Use of water for dust control.

c.Allowing water to run off a property or allowing water to pond in the street or parking.

d.Operating a permanently installed irrigation system with broken heads, with heads that are out of adjustment that spray more than 10% of the spray on street or parking lots, or that is misting.

e.Failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s).

f.Washing an automobile, truck, trailer, boat, airplane, or other mobile equipment with a handheld hose not equipped with a pistol grip nozzle or other device that automatically shuts off water flow when the hose is not being used.

(B)Demand management measures.

(i)The city will initiate contact with wholesale water customers to discuss water supply and/or production conditions and the possibility of pro rata curtailment of water diversions and/or deliveries.

(ii)The city will request wholesale water customers to initiate mandatory measures to reduce nonessential water use (e.g., implement stage 2 of the customer’s drought contingency plan).

(iii)The city will initiate preparations for the implementation of pro rata water curtailment of water diversions and/or deliveries by preparing a monthly water usage allocation baseline for the wholesale customer according to the procedures specified in section 18.08.012 of the plan.

(iv)The city will provide a report to news media with information regarding current water supply and/or production conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measure and practices as needed.

(3)Stage 3–Severe water shortage conditions. The goal for stage 3 of the plan is to reduce and maintain maximum daily water demand at or below ninety percent (90%) of system capacity.

(A)Water use restrictions. Under threat of penalty for violation, the following water use restrictions shall apply to all persons:

(i)All requirements of stage 2 shall remain in effect during stage 3 except:

(ii)Water customers shall be required to participate in the one-day per week watering schedule for outdoor water use. Outdoor water use shall only occur on a designated outdoor watering day, which shall one day every seven days. The one-day per week watering schedule will be determined and distributed by the city.

a.Residential customer watering days:

1.Last digit of their street address ending in a 0 or 2: Thursday.

2.Last digit of their street address ending in a 4, 6 or 8: Sunday.

3.Last digit of their street address ending in a 1 or 3: Wednesday.

4.Last digit of their street address ending in a 5, 7, or 9: Saturday.

b.Commercial customer watering days:

1.Last digit of their street address ending in 0, 2, 4, 6, 8: Tuesday.

2.Last digit of their street address ending in 1, 3, 5, 7, 9: Friday.

(B)Demand management measures. The demand management measure for stage 2 will apply.

(4)Stage 4–Extreme water shortage conditions. The goal for stage 4 of the plan is to reduce and maintain maximum daily water demand below ninety-five percent (95%) of system capacity.

(A)Supply management measures. The city will cease the flushing of water mains except when necessary for reasons of health or safety. All city departments will discontinue irrigating public landscaped areas except when such areas are irrigated with auxiliary water.

(i)Water use restrictions. All requirements of stage 3 shall remain in effect during stage 4 except:

a.Outdoor water use by use of handheld hoses equipped with a positive pistol grip nozzle or other device that automatically shuts off water flow when the hose is not being used or handheld buckets may occur only between the hours of 6:00 a.m. to 10:00 a.m. and 7:00 p.m. and 10:00 p.m. on designated outdoor water use days. The use of permanently installed irrigation systems, drip irrigation systems, and hose end irrigation is prohibited.

b.The watering of golf course tees is prohibited unless the golf course utilizes an auxiliary water source.

c.The washing of automobiles, trucks, trailers, boats, airplanes, and other types of mobile equipment not occurring on the immediate premises of a commercial carwash or a commercial service station and not in the immediate interest of the public health, safety, and welfare are prohibited. The washing of such vehicles under public safety and health situations may only occur between 6 a.m. and 10 a.m.

d.Commercial plant nurseries may use only handheld hoses equipped with a positive pistol grip nozzle or other device that automatically shuts off water flow when the hose is not being used or handheld buckets.

e.The filling, refilling, or adding of potable water to swimming or wading pools is prohibited.

f.No new landscapes of any type may be installed.

g.The use of water for construction purposes from designated fire hydrants under written permission from the city shall be discontinued.

(B)Demand management measures.

(i)The city manager will contact wholesale water customers to discuss water supply and/or demand conditions and will request that wholesale water customers initiate additional mandatory measures to reduce nonessential water use (e.g., implement stage 3 or 4 of the customer’s drought contingency plan).

(ii)The city manager will initiate pro rata water curtailment of water diversions and/or deliveries for each wholesale customer according to the procedures specified in section 18.08.012 of the plan.

(iii)The city manager will provide a report to news media with information regarding current water supply and/or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices.

(C)In the event that severe water shortage conditions persist (stage 4) for an extended period of time, the city manager may order water rationing and/or terminate service to selected users of the system in accordance with the following sequence:

(i)Commercial yard meters.

(ii)Commercial users.

(iii)Residential users.

(iv)Hospitals, public health and safety facilities.

(v)Additional measures. Through a contractual agreement with the Lower Colorado River Authority (LCRA), the LCRA may interrupt or curtail the water supplied to the city in accordance with the LCRA’s drought management plan.

Sec. 18.08.012 Pro rate water allocation

Every wholesale water contract entered into or renewed by the city after the effective date of this plan, including contract extensions, shall provide that in case of a shortage of water resulting from drought, the water to be distributed shall be divided in accordance with Texas Water Code §11.309 and the provisions of this drought contingency plan.

Sec. 18.08.013 Variances

(a)The city manager may, in writing, grant temporary variance for existing water uses otherwise prohibited under this plan if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the health, sanitation, or fire protection for the public or the person requesting such variance and if one or more of the following conditions are met:

(1)Compliance with this plan cannot be technically accomplished during the duration of the water supply shortage or other condition for which the plan is in effect.

(2)Alternative methods can be implemented which will achieve the same level of reduction in water use.

(b)Persons requesting an exemption from the provisions of this article shall file a petition for variance with the city manager within 5 days after the plan or a particular drought response stage has been invoked. All petitions for variances shall be reviewed by the city manager and shall include the following:

(1)Name and address of the petitioner(s);

(2)Purpose of water use;

(3)Specific provision(s) of the plan from which the petitioner is requesting relief;

(4)Detailed statement as to how the specific provision of the plan adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this plan;

(5)Description of the relief requested;

(6)Period of time for which the variance is sought;

(7)Alternative water use restrictions or other measures the petitioner is taking or proposes to take to meet the intent of this plan and the compliance date; and

(8)Other pertinent information.

(c)Variances granted by the city manager shall be subject to the following conditions, unless waived or modified by the city manager or his/her designee:

(1)Variances granted shall include a timetable for compliance; and

(2)Variances granted shall expire when the plan is no longer in effect, unless the petitioner has failed to meet specified requirements.

(d)No variance shall be retroactive or otherwise justify any violation of this plan occurring prior to the issuance of the variance.

Sec. 18.08.014 Enforcement

(a)No person shall knowingly or intentionally allow the use of water from the city for residential, commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this plan, or in an amount in excess of that permitted by the drought response stage in effect at the time pursuant to action taken by the city, in accordance with provisions of this plan.

(b)Any person who violates this plan is guilty of a misdemeanor and, upon conviction shall be punished by a fine in accordance with the general penalty provision found in section 1.01.009 of this code. Each day that one or more of the provisions in this plan is violated shall constitute a separate offense. If a person is convicted of three or more distinct violations of this plan, the city shall, upon due notice to the customer, be authorized to discontinue water service to the premises where such violations occur. Services discontinued under such circumstances shall be restored only upon payment of a reconnection charge, hereby established at fifty dollars ($50.00), and any other costs incurred by the city in discontinuing service. In addition, suitable assurance must be given to the city that the same action shall not be repeated while the plan is in effect. Compliance with this plan may also be sought through injunctive relief in the district court.

(c)Any person, including a person classified as a water customer of the city, in apparent control of the property where a violation occurs or originates shall be presumed to be the violator, and proof that the violation occurred on the person’s property shall constitute a rebuttable presumption that the person in apparent control of the property committed the violation, but any such person shall have the right to show that he/she did not commit the violation. Parents shall be presumed to be responsible for violations of their minor children and proof that a violation, committed by a child, occurred on property within the parents’ control shall constitute a rebuttable presumption that the parent committed the violation, but any such parent may be excused if he/she proves that he/she had previously directed the child not to use the water as it was used in violation of this plan and that the parent could not have reasonably known of the violation.

(d)Any employee of the city, police officer, code enforcement officer or other employee designated by the city manager, may issue a citation to a person he/she reasonably believes to be in violation of this article. The citation shall be prepared in duplicate and shall contain the name and address of the alleged violator, if known, the offense charged, and shall direct him/her to appear in the city municipal court on the date shown on the citation for which the date shall not be less than 3 days nor more than 5 days from the date the citation was issued. The alleged violator shall be served a copy of the citation. Service of the citation shall be complete upon delivery of the citation to the alleged violator, to an agent or employee of a violator, or to a person over 14 years of age who is a member of the violator’s immediate family or is a resident of the violator’s residence. The alleged violator shall appear in the city municipal court to enter a plea of guilty or not guilty for the violation of this plan. If the alleged violator fails to appear in the city municipal court, a warrant for his/her arrest may be issued. A summons to appear may be issued in lieu of an arrest warrant. These cases shall be expedited and given preferential setting in the city municipal court before all other cases.

Sec. 18.08.015 Severability

It is hereby declared to be the intention of the city that the sections, paragraphs, sentences, clauses, and phrases of this article are severable and, if any phrase, clause, sentence, paragraph, or section of this plan shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this plan, since the same would not have been enacted by the city without the incorporation into this plan of any such unconstitutional phrase, clause, sentence, paragraph, or section.

(Ordinance CO44-09-04-23-D1, sec. 1, adopted 4/23/09)