19-21 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 19-21
' AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
SECTION 13.06.001, "PLAN ADOPTED," OF ARTICLE 13.05, "WATER
CONSERVATION AND WATER RESOURCE AND EMERGENCY
MANAGEMENT PLAN," OF CHAPTER 13, "UTILITIES," OF THE TOWN'S
CODE OF ORDINANCES; AMENDING SECTION XVII, "WATER
CONSERVATION AND ENFORCEMENT FEES, OF APPENDIX A, "FEE
SCHEDULE," OF THE TOWN'S CODE OF ORDINANCES; ADOPTING A
WATER CONSERVATION AND WATER RESOURCE AND EMERGENCY
MANAGEMENT PLAN; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS
ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
WHEREAS, the Town of Prosper, Texas (the 'Town"), recognizes that the amount of
water available to its water customers is limited; and
WHEREAS, the Town recognizes that due to natural limitations, drought conditions,
system failures and other acts of God which may occur, the Town cannot guarantee an
uninterrupted water supply for all purposes at all times; and
WHEREAS, the Texas Water Code and the regulations of the Texas Commission on
Environmental Quality (the "Commission") require that the Town adopt a Water Resource and
' Emergency Management Plan; and
WHEREAS, the Town has determined an urgent need in the best interests of the public
to adopt a Water Resource and Emergency Management Plan; and
WHEREAS, pursuant to Chapters 51 and 54 of the Texas Local Government Code, the
Town is authorized to adopt any such ordinances necessary to preserve and conserve its water
resources; and
WHEREAS, the Town Council of the Town of Prosper, Texas ('Town Council"), desires
to adopt an updated Water Conservation and Water Resource and Emergency Management
Plan for the Town of Prosper as official Town policy for water conservation; and
WHEREAS, the Town Council has investigated and determined that it will be
advantageous and beneficial to the citizens of Prosper and will protect the public health, safety
and welfare to adopt a Water Resource and Emergency Management Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
' The findings set forth above are incorporated into the body of this Ordinance as if fully
set forth herein.
SECTION 2
From and after the effective date of this Ordinance, Section 13.05.01, "Plan Adopted," of
Article 13.05, "Water Conservation and Water Resource and Emergency Management Plan" of
Chapter 13, "Utilities," of the Town's Code of Ordinances is amended to read as follows:
"Sec. 13.05.001 Plan Adopted
The Town Council hereby approves and adopts for the town, its citizens and water customers
the new Water Conservation and Water Resource and Emergency Management Plan (the
"Plan"), attached to this Ordinance as Exhibit A and incorporated herein for all purposes. A
copy of this Ordinance and the Plan are available in the Town Secretary's Office."
SECTION 3
The Town Council hereby approves and adopts the Plan, as referenced in Section 2 of
this Ordinance, as if recited verbatim herein. The Town commits to implement the requirements
and procedures set forth in the adopted Plan.
SECTION 4
From and after the effective date of this Ordinance, Section XVII, "Water Conservation
and Enforcement Fees," of Appendix A, "Fee Schedule," to the Town's Code of Ordinances is
amended to read as follows:
"Sec. XVII Water Conservation and Enforcement Fees
Administrative Fees. Administrative fees for violations to the Town's Water Conservation and
Water Resource and Emergency Management Plan shall be added to water account holder's
regular monthly Town utility bill as follows:
First Offense Courtesy Tag Warning
Second Offense Certified Letter notifying of violation
Third Offense and Subsequent offenses $100
Fourth Offense and Subsequent offenses $300
Contesting Violations: A water customer may request a hearing before a hearing officer(s)
appointed by the Executive Director of Infrastructure Services within fifteen (15) business days
after the date on the Notice. The hearing officer(s) shall evaluate all information offered by the
petitioner at the hearing. The customer shall bear the burden of proof to show why, by
preponderance of the evidence, the administrative fee should not be assessed. The hearing
officer(s) shall render a decision in writing within three (3) business days of the conclusion of the
hearing. A customer may appeal the decision from the hearing officer(s) in writing to the
I
Executive Director of Infrastructure Services within three (3) business days from the receipt of
the written appeal. The decision by the Executive Director of Infrastructure Services is final and
binding.
Ordinance No. 19-21, Page 2
Unpaid assessed administrative fees related to violations of water use restrictions under the
Town Plan shall incur late payment penalties and may result in termination of water service."
SECTION 5
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution for violation
of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for
any violation if .occurring prior to the repeal of the ordinance. Any remaining portions of said
ordinances shall remain in full force and effect.
SECTION 6
If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be unconstitutional or invalid by a court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this Ordinance. The Town of Prosper
hereby declares that it would have passed this Ordinance, and each section, subsection, clause
or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, and phrases be declared unconstitutional.
SECTION 7
The Town 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, as amended.
SECTION 8
Any person, firm, corporation or business entity violating this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction therefore, shall be fined a sum not exceeding Two
Thousand Dollars ($2,000.00), and each and every day that such violation continues shall be
considered a separate offense; provided, however, that such penal provision shall not preclude
a suit to enjoin such violation. The Town of Prosper retains all legal rights and remedies
available to it pursuant to local, state and federal law.
SECTION 9
This Ordinance shall take effect and be in full force from and after its passage and
publication, as provided by the Revised Civil Statutes of the State of Texas and the Home Rule
Charter of the Town of Prosper, Texas.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 23RD DAY OF APRIL, 2019.
APPROVED:
P4-',4
' Ray Smith, Mayor
Ordinance No. 19-21, Page 3
I
APPROVED AS TO FORM AND LEGALITY
Terrence S. Welch, Town Attorney
Ordinance No. 19-21, Page 4
EXHIBIT A
I
(Water Conservation and Water Resource and Emergency Management Plan)
Ordinance No. 19-21, Page 5
WATER CONSERVATION PLAN
FOR TOWN OF PROSPER
APRIL 2019
Ordinance No. 19-21, Page 6
019 Water Conservation Plan
Town of Prosper
TABLE OF CONTENTS
1"'S%
PPER.
1.
INTRODUCTION AND OBJECTIVES.....................................................................................
1-1
2.
DEFINITIONS AND ABBREVIATIONS...................................................................................
2-1
3.
REGULATORY BASIS FOR WATER CONSERVATION PLAN ..................................................
3-1
3.1
TCEQ Rules Governing Conservation Plans....................................................................
3-1
3.2
Guidance and Methodology for Reporting on Water Conservation and Water Use.....
3-3
4.
WATER UTILITY PROFILE....................................................................................................
4-1
5.
SPECIFICATION OF WATER CONSERVATION GOALS..........................................................
5-1
6.
BASIC WATER CONSERVATION STRATEGIES......................................................................
6-1
6.1
Metering, Water Use Records, Control of Water Loss, and Leak Detection and Repair6-1
6.1.1
Accurate Metering of Treated Water Deliveries from NTMWD .............................
6-1
6.1.2 Metering of Customer and Public Uses and Meter Testing, Repair, and Replacement
6-1
6.1.3
Determination and Control of Water Loss..............................................................
6-1
6.1.4
Leak Detection and Repair.......................................................................................
6-2
6.1.5
Record Management System..................................................................................
6-2
6.2
Continuing Public Education and Information Campaign ..............................................
6-3
6.3
NTMWD Reservoir System Operation Plan....................................................................
6-3
6.4
Coordination with Regional Water Planning Group and NTMWD.................................
6-4
6.5
Requirement for Water Conservation Plans by Wholesale Customers .........................
6-4
6.6
Increasing Block Water Rate Structure..........................................................................
6-4
7.
ENHANCED WATER CONSERVATION STRATEGIES.............................................................
7-1
7.1
Ordinances, Plumbing Codes, or Rules on Water -Conserving Fixtures .........................
7-1
7.2
Reuse and Recycling of Wastewater..............................................................................
7-1
7.3
Interactive Weather Stations / "Water My Yard" Program ...........................................
7-1
7.4
Compulsory Landscape and Water Management Measures .........................................
7-2
7.5
Additional Water Conservation Measures Not Required) ............................................
7-4
7.6
Monitoring of Effectiveness and Efficiency - NTMWD Annual Water Conservation
Report.............................................................................................................................
7-4
7.7
Water Conservation Implementation Report................................................................
7-5
8.
IMPLEMENTATION AND ENFORCEMENT OF THE WATER CONSERVATION PLAN ............
8-1
9.
REVIEW AND UPDATE OF WATER CONSERVATION PLAN .................................................
9-1
LIST OF TABLES
Table 5-1 Five -Year and Ten -Year Per Capita Water Use Goals GPCD)...................................... 5-2
Ordinance No. 19-21, Page 7
019 Water Conservation Plan . ;
Town of Prosper
] 11W N O I'
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APPENDICES
APPENDIX A
List of References
APPENDIX B
Texas Commission on Environmental Quality Rules on Water
Conservation Plans for Municipal Uses by Public Water Suppliers
• Texas Administrative Code Title 30, Chapter 288, Subchapter A, Section
288.1- Definitions (Page B-1)
• Texas Administrative Code Title 30, Chapter 288, Subchapter A, Rule
Section 288.2 - Water Conservation Plans for Municipal Uses by Public
Water Suppliers (Page B-4)
APPENDIX C
TCEQ Water Utility Profile
APPENDIX D
NTMWD Member City and Customer Annual Water Conservation
Report
APPENDIX E
Landscape Water Management Regulations
APPENDIX F
Letters to Region C and Region D Water Planning Groups
APPENDIX G
Adoption of Water Conservation Plan
APPENDIX H
Illegal Water Connections and Theft of Water
APPENDIX I
Not Included
APPENDIX J
TCEQ Water Conservation Implementation Report
ii
Ordinance No. 19-21, Page 8
019 Water Conservation Plan
Town of Prosper
1. INTRODUCTION AND OBJECTIVES
PR,16 PER
Water supply has always been a key issue in the development of Texas. In recent years, the increasing
population and economic development of North Central Texas have led to growing demands for water
supplies. At the same time, local and less expensive sources of water supply are largely already developed.
Additional supplies to meet future demands will be expensive and difficult to secure. Severe drought
conditions in recent years have highlighted the importance of efficient use of our existing supplies to 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 TCEQ has developed guidelines and
requirements governing the development of water conservation and drought contingency plans for
municipal uses by public water suppliers.' The TCEQguidelines and requirements for wholesale suppliers
are included in Appendix B. The North Texas Municipal Water District ("NTMWD or District") has
developed this Water Conservation Plan to be consistent with TCEQ guidelines and requirements. The
best management practices established by the Water Conservation Implementation Task Force' were also
considered in the development of the water conservation measures.
This Water Conservation Plan includes measures that are intended to result in ongoing, long-term water
savings. This plan replaces the previous plan dated May 2015.
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.
• Encourage efficient outdoor water use.
• To maximize 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 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:
1-1
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019 Water Conservation Plan
Town of Prosper N aN
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• Complete the water utility profile (provided in Appendix C).
• Set five-year and ten-year goals for per capita water use.
• Adopt ordinance(s) or regulation(s) approving the plan.
• Complete the annual water conservation implementation report (in Appendix J).
The water utility profile, goals, and ordinance(s) or regulations should be provided to NTMWD in draft
form for review and comments. Final adopted versions should also be provided to NTMWD, as well as
TCEQ and should be attached to the adopted water conservation plan as Appendix G. This Water
Conservation Plan includes all the elements of such plans required by TCEQ. Some elements of this plan
go beyond TCEQ requirements. Any water supplier wishing to adjust elements of the Water Conservation
Plan should coordinate with NTMWD.
*Superscripted numbers match references listed in Appendix A.
1-
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2019 Water Conservation Plan _
Town of Prosper N
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2. DEFINITIONS AND ABBREVIATIONS
1. ATHLETIC FIELD means a public sports competition field the essential feature of which is turf
grass used primarily for organized sports practice competition or exhibition events for schools;
professional sports and league play sanctioned by the utility providing retail water supply.
2. COOL SEASON GRASSES are varieties of turf grass that grow best in cool climates primarily in
northern and central regions of the U.S. Cool season grasses include perennial and annual rye
grass, Kentucky blue grass and fescues.
3. CUSTOMERS include those entities to whom NTMWD provides wholesale water that are not
members of NTMWD.
4. DRIP IRRIGATION is a type of micro -irrigation system that operates at low pressure and delivers
water in slow, small drips to individual plants or groups of plants through a network of plastic
conduits and emitters; also called trickle irrigation.
5. EVAPOTRANSPIRATION (ET) represents the amount of water lost from plant material to
evaporation and transpiration. The amount of ET can be estimated based on the temperature
wind and relative humidity.
6. ET/SMART CONTROLLERS are irrigation controllers that adjust their schedule and run times based
on weather (ET) data. These controllers are designed to replace the amount of water lost to
evapotranspiration.
7. IRRIGATION SYSTEM means a permanently installed, custom-made, site -specific system of
delivering water generally for landscape irrigation via a system of pipes or other conduits installed
below ground.
8. LANDSCAPE means any plant material on a property including any tree, shrub, vine, herb, flower
succulent ground cover grass or turf species, that is growing or has been planted out of doors.
9. MEMBER CITIES include the cities of Allen, Farmersville Forney Frisco Garland McKinney,
Mesquite, Plano, Princeton Richardson Rockwall Royse City and Wylie, Texas which are
members of NTMWD.
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Ordinance No. 19-21, Page 11
019 Water Conservation Plan
Town of Prosper
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10. MUNICIPAL USE means the use of potable water provided by a public water supplier as well as
the use of treated wastewater effluent for residential commercial, industrial, agricultural,
institutional, and wholesale uses.
11. REGULATED IRRIGATION PROPERTY means any property that uses 1 million gallons of water or
more in a single calendar year.
12. RESIDENTIAL GALLONS PER CAPITA PER DAY means (Residential GPCD) the total gallons sold for
residential use by a public water supplier divided by the residential population served and then
divided by the number of days in the year.
13. RETAIL CUSTOMERS include those customers to whom the utility provides retail water from a
water meter.
14. TOTAL GALLONS PER CAPITA PER DAY (Total GPCD) means the total amount of water diverted
and/or pumped for potable use divided by the total permanent population divided by the days of
the year. Diversion volumes of reuse as defined in TAC 288.1 shall be credited against total
diversion volumes for the purposes of calculating GPCD for targets and goals.
15. WATER CONSERVATION PLAN means the Member City or Customer water conservation plan
approved and adopted by the utility.
Abbreviations
Abbreviation
Full Nomenclature
MP
est Management Practices
NTMWD or District
North Texas Municipal Water District
TCEQ
Texas Commission on Environmental Quality
TWD
Texas Water Development oard
WCAC
Water Conservation Advisory Council
WCP
Water Conservation Plan
2-2
Ordinance No. 19-21, Page 12
2019 Water Conservation Plan
Town of Prosper
3. REGULATORY BASIS FOR WATER CONSERVATION PLAN
3.1 TCEQ Rules Governing Conservation Plans
p3 Ea}� N U N
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The TCEQ rules governing development of water conservation plans for municipal uses by public
water suppliers are contained in Title 30, Chapter 288, Subchapter A, Section 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." 2 The water conservation plan elements
required by the TCEQ water conservation rules that are covered in this water conservation plan
are listed below.
Minimum Conservation Plan Requirements
The minimum requirements in the Texas Administrative Code for Water Conservation Plans for
Municipal Uses by Public Water Suppliers are covered in this water conservation plan as follows:
• 288.2 a) 1) A) — Utility Profile — Section 4 and Appendix C
• 288.2 a) 1) B) — Record Management System — Section 6.1.5
• 288.2 a) 1) C) — Specific, Quantified Goals — Section 5
• 288.2 a) 1) D) — Accurate Metering — Section 6.1.1
• 288.2 a) 1) E) — Universal Metering — Section 6.1.2
• 288.2 a) 1) F) — Determination and Control of Water Loss — Sections 6.1.3 and 6.1.4
• 288.2 a) 1) G) — Public Education and Information Program — Section 6.2
• 288.2 a) 1) H) — Non -Promotional Water Rate Structure — Section 6.6
• 288.2 a) 1) 1) — Reservoir System Operation Plan — Section 6.3
• 288.2 a) 1) J) — Means of Implementation and Enforcement — Section 8
• 288.2 a) 1) K) — Coordination with Regional Water Planning Group — Section 6.4 and
Appendix F
• 288.2 c) — Review and Update of Plan — Section 9
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Ordinance No. 19-21, Page 13
019 Water Conservation Plan
Town of Prosper
Conservation Additional Requirements (Population over 5,000
�fltll4 N Ole
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• The Texas Administrative Code includes additional requirements for water
conservation plans for drinking water supplies serving a population over 5,000
• 288.2(a)(2)(A) — Leak Detection, Repair, and Water Loss Accounting — Sections 6.1.4
• 288.2(a)(2)(B) — Requirement for Water Conservation Plans by Wholesale Customers
— Section 6.5
Additional Conservation Additional Conservation Strategies
The TCEQ requires that a water conservation implementation report be completed and submitted
on an annual basis. The template for this report is included in Appendix J.
In addition to the TCEQ required elements of a water conservation plan, NTMWD also requires
the following water conservation strategies to be included in the Member City and Customer
water conservation plans:
• 288.2(a)(3)(A) —Conservation Oriented Water Rates —Section 6.6
• 288.2(a)(3)(F) — Considerations for Landscape Water Management Regulations —
Section 7.4 and Appendix E
TCEQ rules also include options of, conservation measures that may be adopted by public water
suppliers but are not required. NTMWD recommends that the following strategies be included in
Member City and Customer water conservation plans:
• 288.2(a)(3)(B) — Ordinances, Plumbing Codes or Rules on Water -Conserving Fixtures
— Section 7.1
• 288.2(a)(3)(C) — Replacement or Retrofit of Water -Conserving Plumbing Fixtures —
Section 7.5
• 288.2(a)(3)(D) — Reuse and Recycling of Wastewater —Section 7.2
• 288.2(a)(3)(F) — Considerations for Landscape Water Management Regulations —
Section 7.3, 7.4
• 288.2(a)(3)(G) — Monitoring Method —Section 7.6
• 288.2(a)(3)(H) —Additional Conservation Practices —Section 7.5
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019 Water Conservation Plan
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3.2 Guidance and Methodology for Reporting on Water Conservation and
Water Use
In addition to TCEQ rules regarding water conservation, this plan also incorporates elements
of the Guidance and Methodology for Reporting on Water Conservation and Water Use
developed by TWDB and TCEQ', in consultation with the WCAC (the "Guidance"). The
Guidance was developed in response to a charge by the 82"d Texas Legislature to develop
water use and calculation methodology and guidance for preparation of water use reports
and water conservation plans in accordance with TCEQ rules.
3-3
Ordinance No. 19-21, Page 15
2019 Water Conservation Plan
Town of Prosper
4. WATER UTILITY PROFILE
P SPER
Appendix C to this Water Conservation Plan is a template water utility profile based on the format
recommended by the TCEQ. In adopting this 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 as well as to TCEQ.
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019 Water Conservation Plan
Town of Prosper
5. SPECIFICATION OF WATER CONSERVATION GOALS
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TCEQ rules require the adoption of specific water conservation goals for a water conservation
plan. As part of plan adoption, each Member City and Customer must develop 5-year and 10-year
goals for water savings, including goals for per capita municipal use and for water loss programs.
These goals should be submitted to NTMWD in draft form for review. The goals for this water
conservation plan include the following:
• Maintain the total and residential per capita water use below the specified amount
in gallons per capita per day in a dry year, as shown in the completed Table 5-1.
NTMWD will publish the amount of reuse to be is calculating the credit for reuse.
• Maintain the water loss percentage in the system below 12 percent annually in 2018
and subsequent years, as discussed in Section 6.1.3. (The 12 percent goal for water
loss is recommended but is not required. Systems with long distances between
customers, such as rural systems, may adopt a higher percent nonrevenue water
goal.)
• Implement and maintain a program of universal metering and meter replacement and
repair, as discussed in Section 6.1.2.
• Increase efficient water usage through a water conservation ordinance, order or
resolution as discussed in Section 7.4 and Appendix E. (This ordinance is required by
NTMWD.)
• Decrease waste in lawn irrigation by implementation and enforcement of landscape
water management regulations, as discussed in Section 7.5. (These 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 6.2.
• Develop a system specific strategy to conserve water during peak demands, thereby
reducing the peak use.
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019 Water Conservation Plan
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Table 5 1 Five Year and Ten Year Per Capita Water Use Goals (GPCD)
Current 5 Year 10-Year
I
Description Average Goal Goal
(GPCD) (GPCD) (GPCD)
Current 5-Year Average Total Per Capita Use with
Credit for Reuse
212
200
190
Current 5-Year Average Residential Per Capita Use
142
138
134
Water Loss (GPCD 1
9.92
10
11
Water Loss (Percentage z 4.68%
4.8%
5.3%
Expected Reduction due to Low -Flow Plumbing
Fixtures 0
0
0
10
8
Projected Reduction Due to Elements in this Plan 12
Water Conservation Goals (with credit for reuse) 212 200
190 V�
1. Water Loss GPCD = (Total Water Loss Permanent Population) 365
2. Water Loss Percentage = (Total Water Loss —,Total Gallons in System) x 100; or (Water Loss GPCD Total
GPCD) x 100
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Ordinance No. 19-21, Page 18
019 Water Conservation Plan
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6. BASIC WATER CONSERVATION STRATEGIES
V
PRUSPER.
6.1 Metering, Water Use Records, Control of Water Loss, and Leak Detection
and Repair
One of the key elements of water conservation is tracking water use and controlling losses
through illegal diversions and leaks. It is important to carefully meter water use, detect and repair
leaks in the distribution system and provide regular monitoring of real losses.
6.1.1 Accurate Metering of Treated Water Deliveries from NTMWD
Water deliveries from NTMWD are metered by NTMWD using meters with accuracy of
±2%. These meters are calibrated on an annual basis by NTMWD to maintain the required
accuracy.
6.1.2 Metering of Customer and Public Uses and Meter Testing, Repair,
and Replacement
The provision of water to all customers, including public and governmental users, should
be metered. In many cases, Member Cities and Customers already meter retail and
wholesale water users. For those Member Cities and Customers who do not currently
meter all internal water uses, as well as all subsequent users.
Most Member Cities and Customers test and replace their customer meters on a regular
basis. All customer meters should be replaced on a minimum of a 15-year cycle. Those
who do not currently have a meter testing and replacement program should implement
such a program.
6.1.3 Determination and Control of Water Loss
Total water loss is the difference between the water delivered to a Member City or
Customer from NTMWD (and other supplies, if applicable) and the metered water sales
to customers plus waterauthorized for use but not sold. (Authorized for use but not sold
would include use for fire fighting, releases for flushing of lines, uses associated with new
construction, etc.) Total water loss includes two categories:
• Apparent Losses — Includes inaccuracies in customer meters (customer meters
tend to run more slowly as they age and under -report actual use); Losses due to
illegal connections and theft. (included in Appendix H); accounts that are being
used but have not yet been added to the billing system.
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019 Water Conservation Plan
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• Real Losses — Includes physical losses from the system or mains reported breaks
and leaks storage overflow and unreported losses.
Measures to control water loss should be part of the routine operations of Member Cities
and Customers. Maintenance crews and personnel should look for and report evidence
of leaks in the water distribution system. A leak detection and repair program is described
in Section 6.1.4 below. Meter readers should watch for and report signs of illegal
connections so that they can be quickly addressed.
Total water loss should be calculated in accordance with the provisions of Appendix J.
With the measures described in this plan Member Cities and Customers should maintain
a water loss percentage below 12 percent in 2018 each year. If total water loss exceeds
this goal the Member City or Customer should implement a more intensive audit to
determine the source(s) of loss and to reduce the water loss. The annual conservation
report described below is the primary tool that should be used to monitor water loss.
As advance metering technology advances utilities that have these systems should
consider as a BMP utilizing the capabilities of theses system to provide leak alerts. Retail
customers whose accounts demonstrate leaks can be notified by their water provider of
potential leak situations for account holder remediation.
6.1.4 Leak Detection and Repair
As described above water utility crews and personnel should 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 should be targeted for replacement as funds are
available.
6.1.5 Record Management System
As required by TAC Title 30 Chapter 288 Section 288.2(a)(1)(B) a record management
system should allow for the separation of water sales and uses into residential,
commercial public/institutional and industrial categories. This information should be
included in an annual water conservation report, as described in Section 7.6 below. Those
entities whose record management systems do not currently comply with this
requirement should move to implement such a system within the next five years.
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6.2 Continuing Public Education and Information Campaign
The continuing public education and information campaign on water conservation includes the
following elements:
• Utilize the "Water IQ: Know Your Water" and other public education materials
produced by NTMWD.
• Utilize the "Water40tter" campaign for students.
• Insert water conservation information with water bills. Inserts will include material
developed by Member Cities' and Customers' staff and material obtained from the
TWDB, TCEQ, and other sources.
• 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
staff and staff of NTMWD are available to make presentations on the importance of
water conservation and ways to save water.
• Promote the Texas Smartscape website (www.txsmartscape.com) and provide water
conservation brochures and other water conservation materials available to the
public at Town Hall and other public places.
• Make information on water conservation available on the Member City's or
Customer's website (if applicable) and include links to the "Water IQ: Know Your
Water website, Texas Smartscape website and to information on water conservation
on the TWDB and TCEQ web sites and other resources.
• NTMWD is an EPA Water Sense Partner and participates in the EPA Water Sense
sponsored "Fix a Leak Week." NTMWD encourages all member cities and customers
to become EPA Water Sense Partners.
• Utilize the Water My Yard website and encourage customers to sign-up to receive
weekly watering advice.
6.3 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 operations plan. NTMWD
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019 Water Conservation Plan
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operates multiple sources of water supply as a system. The operation of the reservoir system is
intended to optimize the use of the District's sources (within the constraints of existing water
rights while minimizing energy use cost for pumping, maintaining water quality, minimizing
potential impacts on recreational users of the reservoirs and fish and wildlife.
6.4 Coordination with Regional Water Planning Group and NTMWD
Appendix F includes a letter sent to the Chairs of the water planning group accompanied by this
Water Conservation Plan. The adopted ordinance(s or regulation(s and the adopted water
utility profile will be sent to the Chair of the appropriate Water Planning Group and to NTMWD.
6.5 Requirement for Water Conservation Plans by Wholesale Customers
Every contract for the wholesale sale of water by a Member City and/or Customer that is entered
into, renewed, or extended after the adoption of this water conservation 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, Chapter 288, of the Texas Administrative Code. This requirement extends to each successive
wholesale customer in the resale of the water.
6.6 Increasing Block Water Rate Structure
Each Member City and Customer must adopt, if it has not already done so, an increasing block
rate water structure that is intended to encourage water conservation and to discourage
excessive use and waste of water upon completion its 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 d tier (above 2 times the approximate average at 1.25 to 2.0 times the 2A tier.
5. Additional tiers with further increases if desired.
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6. The residential rate can also include a lower tier for basic household use up to 4,000
gallons per month or a determined basic use.
Commercial/Industrial Rates
Commercial/Industrial rates should include at least 2 tiers, with rates for the 2"d tier set at 1.25 to
2.0 times that of the first tier. Higher water rates for commercial irrigation use are encouraged,
but not required.
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7. ENHANCED WATER CONSERVATION STRATEGIES
`1flktiN UN
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7.1 Ordinances, Plumbing Codes, or Rules on Water -Conserving Fixtures
The state 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, 2.5
gpm for showerheads. As of January 1, 2014, the state requires maximum average flow rates of
1.28 gallons per flush (gpf) for toilets and 0.5 gpf for urinals. Similar standards are now required
under federal law. These state and federal standards assure that all new construction and
renovations will use water -conserving fixtures. Rebate programs to encourage replacement of
older fixtures with water conservation programs are discussed in Section 7.5.
7.2 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 71,882 acre-feet per
year of treated wastewater discharges from the Wilson Creek Wastewater Treatment Plant for
municipal purposes. In addition, NTMWD has also developed the East Fork Reuse Project which
can divert up to 157,393 acre-feet per year based on treated wastewater discharges by NTMWD.
With the addition of the Main Stem Pump station the District will be able to increase flows through
the East Fork Reuse Project up to an additional 56,100 acre-feet per year. When fully developed,
these three reuse projects will provide up to 42 percent of the NTMWD s currently permitted
water supplies. NTMWD also provides treated effluent from its wastewater treatment plants
available for direct reuse for landscape irrigation and industrial use.
Those Member Cities and Customers who own and operate their own wastewater treatment
plants should move toward reusing treated effluent for irrigation purposes at their plant site over
the next three years. These entities should also seek other alternatives for reuse of recycled
wastewater effluent.
7.3 Interactive Weather Stations / "Water My Yard" Program
NTMWD has developed the Water My Yard program to install weather stations throughout its
service area in order to provide consumers with a weekly e-mail and information through the
"Water My Yard" website to assist consumers in determining an adequate amount of
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P IAY9PER
supplemental water to maintain healthy grass in a specific location. This service represents the
largest network of weather stations providing ET -based irrigation recommendations in the State
of Texas, and provides the public advanced information regarding outdoor irrigation needs,
thereby reducing water use. Through a series of selections on the type of irrigation system a
consumer has, a weekly email is provided that will determine how long (in minutes an irrigation
system needs to run based on the past seven days of weather. This recommendation provides the
actual amount of supplemental water that is required for a healthy lawn based on research of the
Texas A&M Agrilife Extension Service and proven technologies. This innovative program has been
available to those within the NTMWD service area since May 2013. The town/utility will
encourage customers to subscribe to weekly watering updates through Water My Yard or other
similar program in an effort to reduce outdoor water consumption.
7.4 Compulsory Landscape and Water Management Measures
The following landscape water management measures are required by NTMWD for this plan.
These measures represent minimum measures to be implemented and enforced in order to
irrigate the landscape appropriately and are to remain in effect on a permanent basis unless water
resource management stages are declared.
1. Landscape Water Management Measures
• Limit landscape watering with sprinklers or irrigation systems at each service address
to no more than two days per week (April 1 — October 31 , with education that less
than twice per week is usually adequate. Designated watering days are as outlined in
Figure 1 on the next page. Additional watering of landscape may be provided by hand-
held hose with shutoff nozzle, use of dedicated irrigation drip zones. An exception is
allowed for landscape associated with new construction that may be watered as
necessary for 30 days from the installation of new landscape features.
• Limit landscape watering with sprinklers or irrigation systems at each service address
to no more than one day per week beginning November 1 and ending March 31 of
each year, with education that less than once per week is usually adequate.
• Estimated savings from the year-round watering restrictions, mentioned above, since
the District terminated drought stages in 2015 is approximately 2.5 to 3.5 percent on
an average annualized basis.
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• Prohibit lawn irrigation watering from 10 AM to 6 PM (April 1— October 31).
• Prohibit the use or irrigation systems that water impervious surfaces. (Wind -driven
water drift will be taken into consideration.)
• Prohibit outdoor watering during precipitation or freeze events.
• Prohibit use of poorly maintained sprinkler systems that waste water.
• Prohibit excess water runoff or other obvious waste.
• Require rain and freeze sensors and/or ET or Smart controllers on all new irrigation
systems. Rain and freeze sensors and/or ET or Smart controllers must be maintained
to function properly.
• Prohibit overseeding, sodding, sprigging, broadcasting or plugging with cool season
grasses or watering cool season grasses, except for golf courses and athletic fields.
• Require that irrigation systems be inspected at the same time as initial backflow
preventer inspection.
• Requirement that all new irrigation systems be in compliance with state design and
installation regulations (Texas Administrative Code Title 30, Chapter 344).
• Require the owner of a regulated irrigation property to obtain an evaluation of any
permanently installed irrigation system on a periodic basis. The irrigation evaluation
shall be conducted by a licensed irrigator in the State of Texas and be submitted to
the local water provider (i.e., town, water supply corporation).
Figure 1: Prosper Watering Map — Water Conservation Plan
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Additional Water Management Measures
PRI SPER.
• Prohibit the use of potable water to fill or refill residential, amenity, and any other
natural or manmade ponds. A pond is considered to be a still body of water with a
surface area of 500 square feet or more.
• Non—commercial car washing can be done only when using a water hose with a shut-
off nozzle.
• Hotels and motels shall offer a linen reuse water conservation option to customers.
• Restaurants, bars, and other commercial food or beverage establishments may not
provide drinking water to customers unless a specific request is made by the
customer for drinking water.
Member Cities and Customers are responsible for developing regulations, ordinances, policies, or
procedures for enforcement of water conservation guidelines.
Appendix E is a summary of landscape water management regulations adopted as part of the
development of this water conservation plan. These regulations are intended to minimize waste
in landscape irrigation. Appendix E includes the required landscape water measures laid out in
this section.
7.5 Additional Water Conservation Measures (Not Required)
Not Applicable.
7.6 Monitoring of Effectiveness and Efficiency - NTMWD Annual Water
Conservation Report
Appendix D is a form that should be used in the development of an annual water conservation
report by Member Cities and Customers. This form should be completed by March 31 of the
following year and 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 total water loss for the current year and compares
them to historical values. As part of the development of Appendix D, Member Cities and
Customers will complete the tracking tool by March 31 of the following year and submit them to
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NTWWD. The annual water conservation report should be sent to NTMWD, which will monitor
NTMWD Member Cities' and Customers' water conservation trends.
7.7 Water Conservation Implementation Report
Appendix J includes the TCEQ required water conservation implementation report. The report is
due to the TCEQ by May 1 of every year. This report lists the various water conservation strategies
that have been implemented, including the date the strategy was implemented. The report also
calls for the five-year and ten-year per capita water use goals from the previous water
conservation plan. The reporting entity must answer whether or not these goals have been met
and if not, why not. The amount of water saved is also requested.
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P I, IS- ME, R
B. IMPLEMENTATION AND ENFORCEMENT OF THE WATER CONSERVATION
PLAN
Appendix G contains a draft ordinance to be adopted by the Town Council or governing board
regarding the Water Conservation Plan. The ordinance, order, or resolution designates
responsible officials to implement and enforce the water conservation plan Appendix E, the
landscape water management regulations, also includes information about enforcement.
Appendix H includes a copy of the ordinance adopted related to illegal connections and water
theft.
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9. REVIEW AND UPDATE OF WATER CONSERVATION PLAN
Y 1
FPl�b',SPE`R
TCEQ requires that the water conservation plans be updated every five years. The plan will be updated
as required and as appropriate based on new or updated information.
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APPENDIX A
LIST OF REFERENCES
r
PklbSPER
Ordinance No. 19-21, Page 31
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APPENDIX A
LIST OF REFERENCES
r N OI'
P bSPER
1. Texas Commission on Environmental Quality Water Conservation Implementation Report.
https://www.tceg.texas.gov/assets/public/perm itting/forms/20645.pdf
2. Title 30 of the Texas Administrative Code, Part 1, Chapter 288, Subchapter A, Rules 288.1 and
288.5, and Subchapter B, Rule 288.22, downloaded from
http:/http://texregsos.state.tx_us/public/readtac$ext.ViewTAC?tac view-30&Pt-1&ch=288,state.tx_us/public/readtac$ext.ViewTAC?tac view=4&ti=30&Pt-1&ch=288,
November 2019.
3. Water Conservation Implementation Task Force: "Texas Water Development Board Report 362,
Water Conservation Best Management Practices Guide," prepared for the Texas Water
Development Board, Austin, November 2004.
4. Freese and Nichols, INC.: Model Water Conservation Plan for NTMWD Members Cities and
Customers, prepared for the North Texas Municipal Water District, Fort Worth, March 2014.
5. Texas Water Development Board, Texas Commission on Environmental Quality, Water
Conservation Advisory Council: Guidance and Methodology for Reporting on Water
Conservation and Water Use, December 2012
6. Freese and Nichols Inc., Alan Plummer and Associates, CP & Y Inc. and Cooksey Communications.
"2016 Region C Regional Water Plan
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APPENDIX B
PI.SPER.
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES ON
MUNICIPAL WATER CONSERVATION PLANS
Ordinance No. 19-21, Page 33
2019 Water Conservation Plan
Town of Prosper S'"
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APPENDIX B
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULESON
MUNICIPAL WATER CONSERVATION PLANS
exas 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 --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.
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6
PRc�.SPER
(3) Best management practices --Voluntary efficiency measures that save a quantifiable amount of water,
either directly or indirectly, and that can be implemented within a specific time frame.
(4) 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.
(5) Commercial use --The use of water by a place of business, such as a hotel, restaurant, or office
building. This does not include multi -family residences or agricultural, industrial, or institutional users.
(6) 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).
(7) Industrial use --The use of water in processes designed to convert materials of a lower order of value
into forms having greater usability and commercial value, and the development of power by means other
than hydroelectric, but does not include agricultural use.
(8) Institutional use --The use of water by an establishment dedicated to public service, such as a school,
university, church, hospital, nursing home, prison or government facility. All facilities dedicated to public
service are considered institutional regardless of ownership.
(9) 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 from a public water supplier.
(10) 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.
(11) Mining use --The use of water for mining processes including hydraulic use, drilling, washing sand
and gravel, and oil field re -pressuring.
(12 Municipal use --The use of potable water provided by a public water supplier as well as the use of
sewage effluent for residential, commercial, industrial, agricultural, institutional, and wholesale uses.
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(13) 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.
(14) 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.
(15) Public water supplier --An individual or entity that supplies water to the public for human
consumption.
(16) Regional water planning group --A group established by the Texas Water Development Board to
prepare a regional water plan under Texas Water Code, §16.053.
(17) Residential gallons per capita per day --The total gallons sold for residential use by a public water
supplier divided by the residential population served and then divided by the number of days in the year.
(18) Residential use --The use of water that is billed to single and multi -family residences, which applies
to indoor and outdoor uses.
(19) 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.
(20) 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.
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(21) Total use --The volume of raw or potable water provided by a public waters upplier to billed customer
sectors or nonrevenue uses and the volume lost during conveyance, treatment, or transmission of that
water.
(22) Total gallons per capita per day (GPCD)--The total amount of water diverted and/or pumped for
potable use divided by the total permanent population divided by the days of the year. Diversion volumes
of reuse as defined in this chapter shall be credited against total diversion volumes for the purposes of
calculating GPCD for targets and goals.
(23) Water conservation coordinator --The person designated by a retail public water supplier that is
responsible for implementing a water conservation plan.
(24) 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).
(25) 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.
(26) Wholesale use --Water sold from one entity or public water supplier to other retail water purveyors
for resale to individual customers.
ource 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; amended to
be effective October 7 2004, 29 TexReg 9384; amended to be effective January 10 2008, 33
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TexReg 193; amended to be effective December 6, 2012, 37 TexReg 9515; amended to be
effective August 16, 2018, 43 TexReg 5218
exas Administrative Code
TITLE 30 ENVIRONMENTAL QUALITY
PART I 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 must provide information
in response to the following. If the plan does not provide information for each requirement, the public
water supplier shall include in the plan an explanation of why the requirement is not applicable.
(1) Minimum requirements. All water conservation plans for municipal uses by public water suppliers
must include the following elements:
(A) a utility profile in accordance with the Texas Water Use Methodology, including, but not limited to,
information regarding population and customer data, water use data (including total gallons per capita
per day (GPCD) and residential GPCD), water supply system data, and wastewater system data;
(B) a record management system which allows for the classification of water sales and uses into the
most detailed level of water use data currently available to it, including, if possible, the sectors listed in
clauses (i) - (vi) of this subparagraph. Any new billing system purchased by a public water supplier must
be capable of reporting detailed water use data as described in clauses (i) - (vi) of this subparagraph:
(i) residential;
(1) single family;
(II) multi -family;
(ii) commercial;
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(iii) institutional;
(iv) industrial;
(v) agricultural; and,
(vi) wholesale.
PR`SPER
(C) specific, quantified five-year and ten-year targets for water savings to include goals for water loss
programs and goals for municipal use in total GPCD and residential GPCD. The goals established by a public
water supplier under this subparagraph are not enforceable;
(D) 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;
(E) a program for universal metering of both customer and public uses of water, for meter testing and
repair, and for periodic meter replacement;
(F) measures to determine and control water loss (for example, periodic visual inspections along
distribution lines; annual or monthly audit of the water system to determine illegal connections;
abandoned services; etc.);
(G) a program of continuing public education and information regarding water conservation;
(H) 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;
(1) 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
(J) 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
(ii) a description of the authority by which the water supplier will implement and enforce the
conservation plan; and
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(K) documentation of coordination with the regional water planning groups for the service area of the
public water supplier in order to ensure consistency with the appropriate approved regional water plans.
(2) Additional content requirements. Water conservation plans for municipal uses by 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 must include the following
elements:
(A) a program of leak detection repair and water loss accounting for the water transmission, delivery
and distribution system;
(B) 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, the contract between the initial supplier and customer must provide that the contract for the resale
of the water must have water conservation requirements so that each successive customer in the resale
of the water will be required to implement water conservation measures in accordance with the
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 -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 graywater;
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(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
in accordance with a memorandum of understanding between the commission and the Texas Water
Development Board.
(c) A public water supplier for municipal use shall review and update its water conservation plan, as
appropriate, based on an assessment of previous five-year and ten-year targets and any other new or
updated information. The public water supplier for municipal use shall review and update the next
revision of its water conservation plan every five years to coincide with the regional water planning group.
ource 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; amended to be effective October 7, 2004, 29 TexReg 9384; amended to
be effective December 6, 2012, 37 TexReg 9515
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APPENDIX C
TCEQ WATER UTILITY PROFILE
Ordinance No. 19-21, Page 42
2019 Water Conservation Plan It
Town of Prosper,,.H0
PSPER.
�..,� Texas Commission on Environmental Quality
UTILITY PROFILE AND WATER CONSERVATION PLAN
REQUIREMENTS FOR MUNICIPAL WATER USE
TCEO BY RETAIL PUBLIC WATER SUPPLIERS
This form is provided to assist retail public water suppliers in water conservation plan development. If you need
assistance in completing this form or in developing your plan, please contact the conservation staff of the Resource
Protection Team in the Water Availability Division at (512) 239-4691
Name:
Address:
Telephone Number:
Water Right No.(s):
Regional Water Planning
Group:
Form Completed by:
Title:
Person responsible for
implementing conservation
program:
Signature:
Town of Prosper
200 S Main Street Prosper, TX 75078
_(972) 347-9969 Fax: ( )
PWS ID # 0430009
Group C
Tristan Cisco
Water Education Coordinator
Frank Jaromin Phone: (972) 347-9969
Date: 04/12/20
NOTE: If the plan does not provide information for each requirement, include an
explanation of why the requirement is not applicable.
TCEQ — 10218 (Rev. o6/14/2013)
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2o19 Water Conservation Plan ti
YTown of Prosper r
J k4 N OF
PPSPER.
UTILITY PROFILE
I. POPULATION AND CUSTOMER DATA
A. Population and Service Area Data
1
2.
a
Cl
5
Attach a copy of your service -area map and, if applicable, a copy of your Certificate of
Convenience and Necessity (CCN).
Service area size (in square miles): 27
(Please attach a copy of service -area map)
Current population of service area: 22,650 (2018 population)
Current population served for:
a. Water 22.6so
b. Wastewater 22.6.r;0
Population served for previous five
years:
Year Population
2014 14,710
2015 15,970
2016
201
2018
17,790
20,16o
22,650
6. Projected population for service area in
the following decades:
Year Population
2020 27,980
20 0 54,499
2040 72,414
2050 72,414
2o6o 72,414
7. List source or method for the calculation of current and projected population size.
NTCOG was used to determine 2014-2o18. The Prosper Comprehensive Plan was used
in determining the projected population.
B. Customers Data
Senate Bill 181 requires that uniform consistent methodologies for calculating water use and
conservation be developed and available to retail water providers and certain other water use
sectors as a guide for preparation of water use reports, water conservation plans, and reports on
water conservation efforts. A water system must provide the most detailed level of customer and
water use data available to it. however. anv new billing system purchased must be caoable of
reporting data for each of the sectors listed below. http://www.teeq.texas.gov/assets/public/
perm ittink/watersgmly/water rights/sb181 guidance.pdf
TCEQ - 10218 (Rev. o6/14/2013)
Page 2 of 9
Ordinance No. 19-21, Page 44
20i9 Water Conservation Plan ,
Town of Prosper
P SPEK
1. Current number of active connections. Check whether multi -family service is counted as
® Residential or ❑ Commercial?
Treated Water Users Metered Non -Metered Totals
2.
Residential
7864 7864
Single -Family
Multi -Family
83 83
Commercial
581 581
Industrial/Mining
Institutional
Agriculture
Other/Wholesale
List the number of new connections per year for most recent three years.
Year
2o16 2017 2018
Treated Water Users
Residential
Single -Family
Multi -Family
Commercial
Industrial/Mining
Institutional
Agriculture
Other/Wholesale
1032 76o 919
3. List of annual water use for the five highest volume customers.
Use 0,000
Customer gall ear)
1. FCS Construction 7,767,100
2. Ar os Ready Mix South Central 6,945,150
3• 4" Lattimore Concrete 6,520,500
4. St. Martin de Porres Catholic School 4,581,500
5. PISD 4,339,500
TCEQ - 10218 (Rev. o6/14/2013)
0
33
Treated or Raw
Water
Treated
Treated
Treated
Treated
Treated
Page 3 of 9
Ordinance No. 19-21, Page 45
2019 Water Conservation Plan
Town of Prosper
PR, SPER
II. WATER USE DATA FOR SERVICE AREA
A. Water Accounting Data
1. List the amount of water use for the previous five years (in l,000 gallons).
Indicate whether this is ❑ diverted or ® treated water.
Year
Month
2014
2015
2016
2017
2018
January
152,778
-50,953
62,318
64,628
76,676
February
49,112
43,746
68,671
66,799
69,651
March
58,081
46,060
79,425
_mil .god
89j 2
April
67,938
i52,150
89,279
107,400
111,204
May
96,455
_48 Z96
86,974
155,759
176,295
June
88,932
,653
134,i89
145,440
169,748
July
_72,239
138 65a__
177,878
177,25,E
292,683
August
1o8,332
209, 9�6
199,515
17�,199_
257,542
September
1o8,025
162,303
146,625
19r,5a6_
173, 22
October
82,483
132,185
147,985
158,881
142,394
November
66,02�
57,77Q_
100,8ai
11�,689
115,223
December
46,810
i5-1330
8o,132
78,277
75,033
Totals 897,212 _i,094,004_ 1,373,822 1,535,972 _1,749,583
Describe how the above figures were determine (e.g, from a master meter located at the
point of a diversion from the source, or located at a point where raw water enters the
treatment plant, or from water sales).
The above figures were determined by the NTMWD deliveries in the Appendix D Report.
2. Amount of water (in 1,000 gallons) delivered/sold as recorded by the following account
types for the past five years.
Year 2014 2015 2o16 2017 2018
Account Types
Residential _655,533 8o6,i67 899,161 1:°3-4L2? _1,174483
Single -Family
Multi -Family
Commercial
Industrial/Mining
Institutional
Agriculture
Other/Wholesale
TCEQ - 10218 (Rev. o6/14/2013)
^27,315 2Z,390
_115,877 i69,,924
28,248 29,916 35,359
213415 279,878 ^ 332,654
Page 4 of 9
Ordinance No. 19-21, Page 46
9 Water Conservation Plan
vn of Prosper ,,,, N
F � SPER,
3. List the previous records for water loss for the past five years (the difference between water
diverted or treated and water delivered or sold).
Year
2014
2015
2016
2017
2018
B. Projected Water Demands
Amount (gallons) Percent %
39,084 4.36%
8,955 o.82%
10,544 7.68%
-7,643 -o.5o%
81,Ai1 4.68%
If applicable, attach or cite projected water supply demands from the applicable Regional Water
Planning Group for the next ten years using information such as population trends, historical
water use, and economic growth in the service area over the next ten years and any additional
water supply requirements from such growth.
III. WATER SUPPLY SYSTEM DATA
A. Water Supply Sources
List all current water supply sources and the amounts authorized (in acre feet) with each.
Water Type Source Amount Authorized
Surface Water
Groundwater
Contracts NTMWD 5,60o acre ft.
Other
B. Treatment and Distribution System
1. Design daily capacity of system (MGD): 12 MGD
2. Storage capacity (MGD):
a. Elevated 4 MGD
b. Ground 8 MGD
3_ If surface water, do you recycle filter backwash to the head of the plant?
❑ Yes ® No If yes, approximate amount (MGD):
TCEQ — 10218 (Rev. o6/14/2013) Page 5 of 9
Ordinance No. 19-21, Page 47
2019 Water Conservation Plan
Town of Prosper , f, , N
P SPER.
1V. WASTEWATER SYSTEM DATA
A. Wastewater System Data (if applicable)
i. Design capacity of wastewater treatment plant(s) (MGD):
2. Treated effluent is used for ❑ on -site irrigation, ❑ off -site irrigation, for ❑ plant wash -
down, and/or for ❑ chlorination/dechlorination.
If yes, approximate amount (in gallons per month):
3. Briefly describe the wastewater system(s) of the area serviced by the water utility.
Describe how treated wastewater is disposed. Where applicable, identify treatment
plant(s) with the TCEQ name and number, the operator, owner, and the receiving stream
if wastewater is discharged.
B. Wastewater Data for Service Area (if applicable)
1. Percent of water service area served by wastewater system:
2. Monthly volume treated for previous five years (in 1,000 gallons):
Year
Month
January
February
March
April
May
June
July
August
September
October
November
December
Totals
TCEQ - 10218 (Rev. o6/14/2013)
Page 6 of 9
Ordinance No. 19-21, Page 48
2019 Water Conservation Plan Y`'
Town of Prosper + , ,, , N
PI�i. S PER.
V. ADDITIONAL REQUIRED INFORMATION
In addition to the utility profile, please attach the following as required by Title 3o, Texas
Administrative Code, §288.2. Note: If the water conservation plan does not provide information for
each requirement, an explanation must be included as to why the requirement is not applicable.
A. Specific, Quantified 5 & io-Year Targets
The water conservation plan must include specific, quantified five-year and ten-year targets for
water savings to include goals for water loss programs and goals for municipal use in gallons per
capita per day. Note that the goals established by a public water supplier under this
subparagraph are not enforceable
B. Metering Devices
The water conservation plan must include a statement about the water suppliers 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.
C. Universal Metering
The water conservation plan must include and a program for universal metering of both
customer and public uses of water, for meter testing and repair, and for periodic meter
replacement.
D. Unaccounted- For Water Use
The water conservation plan must include 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.).
E. Continuing Public Education & Information
The water conservation plan must include a description of the program of continuing public
education and information regarding water conservation by the water supplier.
F. Non -Promotional Water Rate Structure
The water supplier must have 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. This rate
structure must be listed in the water conservation plan.
G. Reservoir Systems Operations Plan
The water conservation plan must include 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. The reservoir systems operations plan shall include optimization of
water supplies as one of the significant goals of the plan.
H. Enforcement Procedure and Plan Adoption
The water conservation plan must include a means for implementation and enforcement, which
shall be evidenced by a copy of the ordinance, rule, resolution, or tariff, indicating official
adoption of the water conservation plan by the water supplier; and a description of the authority
by which the water supplier will implement and enforce the conservation plan.
TCEQ — 10218 (Rev. o6/14/2013)
Page 7 of 9
Ordinance No. 19-21, Page 49
2019 Water Conservation Plan
Town of Prosper
P `SPER.
L Coordination with the Regional Water Planning Group(s)
The water conservation plan must include documentation of coordination with the regional
water planning groups for the service area of the wholesale water supplier in order to ensure
consistency with the appropriate approved regional water plans.
J. Plan Review and Update
A public water supplier for municipal use shall review and update its water conservation plan, as
appropriate, based on an assessment of previous five-year and ten-year targets and any other
new or updated information. The public water supplier for municipal use shall review and
update the next revision of its water conservation plan not later than May 1, 2009, and every five
years after that date to coincide with the regional water planning group. The revised plan must
also include an implementation report.
VI. ADDITIONAL REQUIREMENTS FOR LARGE SUPPLIERS
Required of suppliers serving population of 5,000 or more or a projected population of 5,000 or more
within ten years
A. Leak Detection and Repair
The plan must include a description of the 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. Contract Requirements
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, the contract between the initial supplier and
customer must provide that the contract for the resale of the water must have water
conservation requirements so that each successive customer in the resale of the water will be
required to implement water conservation measures in accordance with the provisions of this
chapter.
VII. ADDITIONAL CONSERVATION STRATEGIES
A. Conservation Strategies
Any combination of the following strategies shall be selected by the water supplier, in addition
to the minimum requirements of this chapter, if they are necessary in order to achieve the stated
water conservation goals of the plan. The commission may require by commission order that
any of the following strategies be implemented by the water supplier if the commission
determines that the strategies are necessary in order for the conservation plan to be achieved:
1. 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;
TCEQ - 10218 (Rev. o6/14/2013) Page S of 9
Ordinance No. 19-21, Page 50
2019 Water Conservation Plan
Town of Prosper SPN
PRMER
2. Adoption of ordinances, plumbing codes, and/or rules requiring water conserving
plumbing fixtures to be installed in new structures and existing structures undergoing
substantial modification or addition;
3. A program for the replacement or retrofit of water -conserving plumbing fixtures in
existing structures;
4. A program for reuse and/or recycling of wastewater and/or graywater;
5. A program for pressure control and/or reduction in the distribution system and/or for
customer connections;
6. A program and/or ordinance(s) for landscape water management;
7. A method for monitoring the effectiveness and efficiency of the water conservation plan;
and
8. 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.
Best Management Practices
The Texas Water Developmental Board's (TWDB) Report 362 is the Water Conservation Best
Management Practices (BMP) guide. The BMP Guide is a voluntary list of management practices that
water users may implement in addition to the required components of Title 3o, Texas Administrative
Code, Chapter 288. The Best Management Practices Guide broken out by sector, including Agriculture,
Commercial, and Institutional, Industrial, Municipal and Wholesale along with any new or revised
BMP's can be found at the following link on the Texas Water Developments Board's website:
http: //www. twdb. state. tx. us/conservation/bmpsli ndex.asp
Individuals are entitled to request and review their personal information that the agency gathers on its
forms. They may also have any errors in their information corrected. To review such information, contact
512-239-3282.
TCEQ - 10218 (Rev. o6/14/2013)
Page 9 of 9
Ordinance No. 19-21, Page 51
019 Water Conservation Plan
Town of Prosp r P[ 4 "S' PE".
R
APPENDIX D
NTMWD MEMBER CITY AND CUSTOMER ANNUAL WATER
CONSERVATION REPORT
-1
Ordinance No. 19-21, Page 52
APPENDIX D
NTMWD MEMBER CITY AND CUSTOMER WATER CONSERVATION REPORT
Due: March 31 of every year
Water Utility Reporting:
Prosper
Filled Out By:
Jake Sonnevelt
Phone Number:
(972)347-6696
Email:
jacob_sonnevelt@prospertx.gov
Date Completed:
2/12/2019
Year Covered:
2018
# of Connections
81296
Estimated Population
22,650
Source:
NCTCOG
# of Irrigation Systems:
4,9S2
Recorded Deliveries and Sales by
Month (in Million Gallons):
Month
Deliveries from
NTMWD
Other Supplies
Residential
Commercial Public/
Institutional
_
Sales by Category
Industrial Metered Wholesale
Irrigation
Other
Total
tI
anuary 76.676
February 6 .651
55.33 8.4401 4.678,
48.6801 7.898 3.423
3.482 71.93
2.745 62.7461
March _
1 89.742
43.7311
4.958
5.482
0.629
54.80
April
111.204
7 .0471
10.6 2
8.60
3.715
5.816
102.063
123.122
May 1 176.2 5 3.51
11.992 11.785
June
169.748
124.104
12.743
1 .831
4.461
1 3.7121
161.139
239.270
my 2 2.6831
182.9851
13.390 3 .283
August
257.5421
19 .4901
21.694
42.436
1 7.0331
P 6.835;
3.774i
I 1.3S5
270.653
202.555
309.354
71.D05
[September 173.3221
145.0431
14.675 36.002
October 142.394
795091
10.302 15.769
November 115.2931
55.671
7.540, 6.43
December
75.0331
65.2321
11.4151
1 5.566
1 4.1541
96.3671
)TOTAL
1.749.583'
11.172.2501
135.7391
199.303
1 47.7111
1,555.
Peak Day Usage
Peak Day (MG) 11.599
Average Day (MG) 4.793
Peak/Average Day Ratio 2.420
M
Ordinance No. 19-21, Page 53
Authorized Consumption and Water Loss
Total System In ut Volume:
1,749.583
Billed Metered:
1,555.003
Billed Unmetered:
Unbilled Metered:
7.450
Unbilled Unmetered:
105.199
Total Authorized Consum tion:
1,667.652
Water Losses:
81.931
Total Loss Percent:
4.68%
Goal for Total Loss Percent:
10.00%
Per Capita Use (Gallons per person per day)
Munici al Use (MG)
1,702
Residential Use (MG)
1,172.250
Total Per Capita Use (g cd)
212
Munici al Per Ca ita Use (g cd)
206
Residential Per Ca ita Use (g cd)
142
5-year Per Ca ita Goal
200
10-year Per Ca ita Goal
190
Recorded Wholesale Sales by Month (in Million Gallons);
Month Sales to...
Sales to...
Sales to...
Sales to_. Sales to...
Sales to...
Sales to...
Sales to...
Total Wholesale Sales
anuary
February
March Y
A ril
May
I
une
July
[(August
I
G
N
Se tember
October
November
Ioecember
V 1
I
I
OTAL
D-2
Ordinance No. 19-21, Page 54
a,usiomers,
Estimated Total
rian
May 12, 2015, the Water Conservation Plan and Water Resource and Emergency Management Plan was implemented.
D-3
Ordinance No. 19-21, Page 55
conservanon measures piannea ror next year Luse anomonai sneers it necessaryi:
he Town Of Prosper will continue to utilize the Earth -Kind G rdens t the water tower nd Rucker Elementary School s research nd demons tr ton tools to provide hands on tr ining
and examples for residents. St ff will continue to give water tower tours to small groups that request such tours. Staff will host free w ter consery Lion courses provided by Texas A&M
Agri Life Extension nd Collin County M ster Gardeners. St ff will Iso continue to provide library st ff with w ter conservation kits that m y be checked -out biweekly. The kit cont ins
informational books for II ages, as well s free "keeps kes" including a shut-off spray nozzle, c tch can, moisture meter, nd a toilet kit containing le k detection t blets nd water
Saver pouch. The kit also contains informational m teri 1 bout local watering guidelines and easy w ys to conserve w ter Staff Iso has a contract with M&M Irrigation nd
Illumination to provide 200 free sprinkler evaluations in 2019. The contract began on Janu ry 1, 2019, and will conclude on June 30, 2019. The sprinkler evaluations will be scheduled in a
first come, first serve m nner. St ff will also be promoting the newest of our projects titled Release, Renew, Recycle. The project brings w reness to w ter bottles that contain water
Ithat Is lost or w sted nd thrown into the garb ge. The go I of this project is to promote utilizing the unw nted water to w ter ne rby pi nt life before recycling the bottle. In addition
ho the measures conservation staff have planned, the water department will continue their preventative measures.
Assistance requested from North Texas Municipal Water District use additional sheets if necessary):
additional sheets if
D-4
Ordinance No. 19-21, Page 56
Historical Water Use Data for Prosper
Estimated
Deliveries Other Metbre-dSe ei s by Category ( i ionGallons)
Year Connections from NTMWD Supplies Public/ Metered
Population (MG) )MG) Residential I Commercial Institutional Industrial Irrigation Wholesale Other Total
2006 2000 3,500 207 229j 3811 41 0; 0 0 0 0 42
2007 2,380 6,000 234 88i 3151 41 01 0 01 0 0 35
2008 2,775 6,350 572_ 35j 465 79 01 0 0 0 0 5
2009 2 905 7,100 572 3111 4141 96 01 0 0 0 0 51]
2010 3,130 9,350 693 61 515j 84 01 0 0 0 _ 0 60
2011 3,478 10,560 851 Oi 6431 123 01 0 0 0 0 76
2012 3,921 12,190 890 0 670 140 0 0 0 0 0 A83
2013 4 372 13,3801 901, 0 667 172 0 0 0 0 02014 4880 14,710 897 0! 656 144 0 0 0 0 �02015 5,595 15,970 1094 01 806 170 0 0 0 0 56
2016; 6,671 17,990, 1,374� 0! 8971 110 Oi 0 1051 0 63 1,17
20171, 7,6591 20,16011 15361 01 1,0311 123 00 1611 0. 61 1,37
20181 82961 22,6501 1,750 0!o1,1721 136, 01 0 1991 01 48 1,55
D-5
Ordinance No. 19-21, Page 57
Historical Per Capita Use Data and Water Loss for Prosper
Not
In -city municipal us = total wat r suppli d I ss sales to industry, wholesale sal s and oth r sales.
Aft r 2017 - Unaccount d Wat r has be n r mov d and r plac d with Wat r Loss s (per TWDB d finition). This cat gory is inclusiv of r al and appar nt losses. Cat gori s for
authoriz d consumption w r also add d; Unbill d met r d r plac d stimat d fir us , unbilled unmet r d r plac d stimat d line flushing, and a n w cat gory for bill d unm t r d
sal s was add d.
D-6
Ordinance No. 19-21, Page 58
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Ordinance No. 19-21, Page 59
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Ordinance No. 19-21, Page 60
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Ordinance No. 19-21, Page 61
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Ordinance No. 19-21, Page 64
2019 Water Conservation Plan _
Town of Prosper P =S-w P.
OP
ER
APPENDIX E
LANDSCAPE WATER MANAGEMENT REGULATIONS
Ordinance No. 19-21, Page 65
2019 Water Conservation Plan
Town of Prosper
LANDSCAPE WATER MANAGEMENT REGULATIONS
A. Purpose
PI rJSPER,
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. Required Measures
The following landscape water conservation measures are required to be included in the
landscape management regulations adopted and enforced in this plan.
1. Lawn and Landscape Irrigation Restrictions
a. 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 a.m. and 6:00 p.m. from April 1 through October 31 of any year.
b. 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:
1) 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
2) irrigating lawn or landscape during any form of precipitation or freezing
conditions. This restriction applies to all forms of irrigation, including automatic
sprinkler systems; or
3) the irrigation of impervious surfaces or other non -irrigated areas, wind driven
water drift taken into consideration.
c. A person commits an offense if the person knowingly or recklessly allows the
irrigation or watering of any lawn or landscape located on any property owned,
leased, or managed by the person more than two days per week.
2. Rain and Freeze Sensors and/or ET or Smart Controllers
E-1
Ordinance No. 19-21, Page 66
2019 Water Conservation Plan
Town of Prosper
r
P '"SPER
Any new irrigation system installed on or after November 4, 2004, must be equipped with
rain and freeze sensing devices and/or ET or Smart controllers in compliance with state
design and installation regulations.
a. A person commits an offense on property owned, leased or managed if the person:
1) knowingly or recklessly installs or allows the installation of new irrigation systems
in violation of Subsection B.2.a; or
2) knowingly or recklessly operates or allows the operation of an irrigation system
that does not comply with Subsection B.2.a.
3. Filling or Refilling of Ponds
A person commits an offense if the person knowingly or recklessly fills or refills any natural
or manmade pond located on any property owned, leased, or managed by the person by
introducing any treated water to fill or refill the pond. This does not restrict the filling or
maintenance of pond levels by the effect of natural water runoff or the introduction of
well water into the pond. A pond is considered to be a still body of water with a surface
area of 500 square feet or more.
4. Washing of Vehicles
A person commits an offense if the person knowingly or recklessly washes a vehicle
without using a water hose with a shut-off nozzle on any property owned, leased, or
managed by the person.
5. Enforcement
Violations of the ordinance, order, or resolution will result in fees outlined below.
First Offense Courtesy Tag Warning
Second Offense Certified Letter notifying of violation
Third Offense $100
Fourth and Subsequent Offenses $300
C. Recommended Measures
1. Lawn and Landscape Irrigation Restrictions
a. 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:
1) has broken or missing sprinkler head(s); or
2) has not been properly maintained to prevent the waste of water.
E-2
Ordinance No. 19-21, Page 67
019 Water Conservation Plan 9
Town of Prosper ,. N
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b. A person commits an offense if the person knowingly or recklessly overseeds a lawn
with rye or winter grass on property that the person owns, leases, or manages. Golf
courses and public athletic fields are exempt from this restriction.
c. All new athletic fields must have separate irrigation systems that are capable of
irrigating the playing fields separately from other open spaces.
2. Rain and Freeze Sensors
a. Existing irrigation systems must be retrofitted with similar rain and freeze sensors and
be capable of multiprogramming within 5 years.
D. Variances
1. In special cases, variances maybe 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.
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Ordinance No. 19-21, Page 68
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APPENDIX F
LETTERS TO REGION C AND REGION D WATER PLANNING GROUPS
Ordinance No. 19-21, Page 69
019 Water Conservation Plan
Town of Prosper
APPENDIX F
LETTERS TO REGION C AND REGION D WATER PLANNING GROUPS
Date
Region C Water Planning Group
c/o Trinity River Authority
P.O. Box 60
Arlington, TX 76004
Dear Sir:
Enclosed please find a copy of the Model Water Resource and Emergency Management Plan for
Member Cities and Customers of the North Texas Municipal Water District. I am submitting a
copy of this plan 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 updated model plan on _, 2019.
Sincerely,
Frank E. Jaromin, P.E.
Town of Prosper
F1
Ordinance No. 19-21, Page 70
019 Water Conservation Plan
Town of Prosper
Date
Mr. Richard LeTourneau
Chair, Region D Water Planning Group
P 0. Box 12071
Longview, TX 75607
Dear Mr. LeTourneau:
P1�,IT SPER
Enclosed please find a copy of the recently updated Model Water Resource and Emergency
Management Plan for Member Cities and Customers of the North Texas Municipal Water
District. I am submitting a copy of this plan 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 updated
model plan on _, 2019
Sincerely,
Frank E. Jaromin, P.E.
Town of Prosper
F-2
Ordinance No. 19-21, Page 71
019 Water Conservation Plan
Town of Prosp r
APPENDIX G
ADOPTION OF WATER CONSERVATION PLAN
1"'ON
PER
Ordinance No. 19-21, Page 72
TOWN OF PROSPER, TEXAS
ORDINANCE NO. 19-_
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
SECTION 13.05.001, "PLAN ADOPTED," OF ARTICLE 13.05, "WATER
CONSERVATION AND WATER RESOURCE AND EMERGENCY
MANAGEMENT PLAN," OF CHAPTER 13, "UTILITIES," OF THE TOWN'S
CODE OF ORDINANCES; AMENDING SECTION XVII, "WATER
CONSERVATION AND ENFORCEMENT FEES," OF APPENDIX A, "FEE
SCHEDULE," OF THE TOWN'S CODE OF ORDINANCES; ADOPTING A
WATER CONSERVATION AND WATER RESOURCE AND EMERGENCY
MANAGEMENT PLAN; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS
ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
WHEREAS, the Town of Prosper, Texas (the "Town"), recognizes that the amount of
water available to its water customers is limited; and
WHEREAS, the Town recognizes that due to natural limitations, drought conditions,
system failures and other acts of God which may occur, the Town cannot guarantee an
uninterrupted water supply for all purposes at all times; and
WHEREAS, the Texas Water Code and the regulations of the Texas Commission on
Environmental Quality (the "Commission") require that the Town adopt a Water Resource and
Emergency Management Plan; and
WHEREAS, the Town has determined an urgent need in the best interests of the public
to adopt a Water Resource and Emergency Management Plan; and
WHEREAS, pursuant to Chapters 51 and 54 of the Texas Local Government Code, the
Town is authorized to adopt any such ordinances necessary to preserve and conserve its water
resources; and
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council"), desires
to adopt an updated Water Conservation and Water Resource and Emergency Management
Plan for the Town of Prosper as official Town policy for water conservation; and
WHEREAS, the Town Council has investigated and determined that it will be
advantageous and beneficial to the citizens of Prosper and will protect the public health, safety
and welfare to adopt a Water Resource and Emergency Management Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
Ordinance No. 19-21, Page 73
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully
set forth herein.
SECTION 2
From and after the effective date of this Ordinance, Section 13.05.01, "Plan Adopted," of
Article 13.05, "Water Conservation and Water Resource and Emergency Management Plan" of
Chapter 13, "Utilities," of the Town's Code of Ordinances is amended to read as follows:
"Sec. 13.05.001 Plan Adopted
The Town Council hereby approves and adopts for the town, its citizens and water customers
the new Water Conservation and Water Resource and Emergency Management Plan (the
"Plan"), attached to this Ordinance as Exhibit A and incorporated herein for all purposes. A
copy of this Ordinance and the Plan are available in the Town Secretary's Office."
SECTION 3
The Town Council hereby approves and adopts the Plan, as referenced in Section 2 of
this Ordinance, as if recited verbatim herein. The Town commits to implement the requirements
and procedures set forth in the adopted Plan.
SECTION 4
From and after the effective date of this Ordinance, Section XVII, "Water Conservation
and Enforcement Fees," of Appendix A, "Fee Schedule," to the Town's Code of Ordinances is
amended to read as follows:
"Sec. XVII Water Conservation and Enforcement Fees
Administrative Fees. Administrative fees for violations to the Town's Water Conservation and
Water Resource and Emergency Management Plan shall be added to water account holder's
regular monthly Town utility bill as follows:
First Offense Courtesy Tag Warning
Second Offense Certified Letter notifying of violation
Third Offense and Subsequent offenses $100
Fourth Offense and Subsequent offenses $300
Contesting Violations: A water customer may request a hearing before a hearing officer(s)
appointed by the Executive Director of Infrastructure Services within fifteen (15) business days
after the date on the Notice. The hearing officer(s) shall evaluate all information offered by the
petitioner at the hearing. The customer shall bear the burden of proof to show why, by
preponderance of the evidence, the administrative fee should not be assessed. The hearing
officer(s) shall render a decision in writing within three (3) business days of the conclusion of the
hearing. A customer may appeal the decision from the hearing officer(s) in writing to the
Executive Director of Infrastructure Services within three (3) business days from the receipt of
the written appeal. The decision by the Executive Director of Infrastructure Services is final and
binding.
Ordinance No. 19-_, Page 2
Ordinance No. 19-21, Page 74
Unpaid assessed administrative fees related to violations of water use restrictions under the
Town Plan shall incur late payment penalties and may result in termination of water service."
SECTION 5
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution for violation
of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for
any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said
ordinances shall remain in full force and effect.
SECTION 6
If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be unconstitutional or invalid by a court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this Ordinance. The Town of Prosper
hereby declares that it would have passed this Ordinance, and each section, subsection, clause
or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, and phrases be declared unconstitutional.
SECTION 7
The Town 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, as amended.
SECTION 8
Any person, firm, corporation or business entity violating this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction therefore, shall be fined a sum not exceeding Two
Thousand Dollars ($2,000.00), and each and every day that such violation continues shall be
considered a separate offense; provided, however, that such penal provision shall not preclude
a suit to enjoin such violation. The Town of Prosper retains all legal rights and remedies
available to it pursuant to local, state and federal law.
SECTION 9
This Ordinance shall take effect and be in full force from and after its passage and
publication, as provided by the Revised Civil Statutes of the State of Texas and the Home Rule
Charter of the Town of Prosper, Texas.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 23RD DAY OF APRIL, 2019.
APPROVED:
Ray Smith, Mayor
Ordinance No. 19-_, Page 3
Ordinance No. 19-21, Page 75
ATTEST:
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 19-_, Page 4
Ordinance No. 19-21, Page 76
EXHIBIT A
(Water Conservation and Water Resource and Emergency Management Plan)
Ordinance No. 19-_, Page 5
Ordinance No. 19-21, Page 77
2019 Water Conservation Plan
Town of Prosper
APPENDIX H
P SPER
ILLEGAL WATER CONNECTIONS AND THEFT OF WATER
Ordinance No. 19-21, Page 78
TOWN OF PROSPER, TEXAS
ORDINANCE NO.06-03
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, CREATING OFFENSES PERTAINING
TO ILLEGAL WATER CONNECTIONS AND/OR THE THEFT OF WATER AND METER OR
EQUIPMENT TAMPERING FOR THE TOWN OF PROSPER; PROVIDING FOR A PENALTY FOR
THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS the Town of Prosper, Texas (the "Town") 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 Town is authorized to adopt such
policies necessary to preserve and conserve available water supplies; and
WHEREAS, the Town 'seeks to adopt an ordinance pertaining to illegal water connections and theft of water;
and
WHEREAS, the Town Council of the Town ("Town Council") has further investigated and determined that it
will be advantageous and beneficial to the citizens of Prosper and will promote the public health, safety and welfare
to regulate and prevent water theft.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS:
Section 1. Findings Incorporated. The findings set forth above are incorporated Into the body of this
Ordinance as if fully set forth herein,
actions:
Section 2. Offense Established. A person commits an offense of theft of water by any of the following
(a) A person may not tamper, connect to, or alter any component of the Town'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 Town.
(b) If, without the written consent of the Town Administrator or Manager or the Town
Administrator or Manager's designee, the person causes, suffers or allows the initiation or restoration
of water service to the property after termination of service(s). For purposes of this Section 2(b), 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 make or cause a false report to be made to the Town 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 2 or fails to perform an act required by this section.
Section 3. Disconnections of Water Service an Reconnection Fee. Any violation of this Ordinance,
including the first offense, will result in forfeiture of any and all deposits, removal of meters, and/or discontinuance of
Illegal Water Use Ordinance Page 1
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Ordinance No. 19-21, Page 79
water service by the Town. A five hundred ($500.00) reconnection fee will be required before the Town will restore
water service.
Section 4, Penalty, Any person violatirg the provisions of Section 2 of this Ordinance shall be deemed
guilty of the offense of criminal mischief, their offense shall be classified, whether a misdemeanor or a felony, in
accordance with Section 28.03 of the Texas Penal Code, as it exists or may be amended and, upon conviction
thereof, shall be punished in accordance with Section 28.03 of the Texas Penal Code, as it exists or may be
amended. For purposes of determining whether an offense has occurred, the presumption in Section 28.03(c) the
Texas Penal Code, as it exists or may be amended, shall apply.
Section 5. Savings/Repealing. All provisions of any ordinance in conflict with this Ordinance are hereby
repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the
repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring
prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
Section 6 Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be
declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all
remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have
passed this Ordinance, and each section, subsection, sentence, clause or phrase thereof regardless of the fact that
any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
Section 7. Effective Date. This Ordinance shall become effective from and after its adoption and publication as
required by law.
DULY PASSED AND.APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, on this 10u,
day of January, 2006"
ATTESTED AND CORRECTLY
RECORDED:
S ANAE JENNING wn Secret
Date(s) of Publication: _ bb 4- _ The Dallas Morning News — Collin County
Edition
Illegal Water Use Ordinance Page 2
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Ordinance No. 19-21, Page 80
2019 Water Conservation Plan
Town of Prosper ,ti N o
PR SPER
APPENDIX I
TCEQ WATER CONSERVATION IMPLEMENTATION REPORT
Ordinance No. 19-21, Page 81
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Cam` Water Availability Division - MC-160, P.O. Box 13087 Austin, Texas 78711-3087
Telephone (512) 239-4691, FAX (512) 239-2214
a� WATER CONSERVATION IMPLEMENTATION REPORT
FORM AND SUMMARY OF UPDATES/REVISIONS TO
WATER CONSERVATION PLAN
TCEG (Texas Water Code §11.1271(b) and Title 30 Texas Administrative Code §288.30(1) to (4))
Please note, this form replaces the following forms: TCEQ 20645 (Non -Public Water Suppliers) and TCEQ-
20646 (Public Water Suppliers)
This Form is applicable to the following entities:
1. Water Right Holders of 1,000 acre-feet or more for municipal, industrial, and
other non -irrigation uses.
2. Water Right Holders of 10,000 acre-feet or more for irrigation uses.
The above noted entities are required by rule to submit updates to their water conservation
plan(s) and water conservation implementation report(s) every five years. The most current five-
year submittal deadline is May Is', 2019. See 30 Texas Administrative Code (TAC) §288.30(1) to
(4). Entities must also submit any revisions to their water conservation plan within 90 days of
adoption when the plans are revised in between the five-year submittal deadlines. This form may
be used for the five-year submittal or when revisions are made to the water conservation plans
in the interim periods between five-year submittals. Please complete the form as directed below.
1. Water Right Holder Name: Town of Prosper
2. Water Right Permit or Certificate Nos. PWS I D # 0430009
3. Please Indicate by placing an `X' next to all that Apply to your Entity:
Water Right Holder of 1,000 acre-feet or more for non -irrigation uses
X Municipal Water Use by Public Water Supplier
Wholesale Public Water Supplier
Industrial Use
Mining Use
Agriculture Non -Irrigation
Water Right Holder of 10,000 acre-feet or more for irrigation uses
_Individually -Operated Irrigation System
Agricultural Water Suppliers Providing Water to More Than One User
Water Conservation Implementation ReportsyAnnual Reports
4. Water Conservation Annual Reports for the previous five years were submitted to the
Texas Water Development Board (TWDB) for each of the uses indicated above as required
by 30 TAC §288.30(10)(C)? Yes X No
TCEQ no longer requires submittal of the information contained in the detailed implementation report
previously required in Forms TCEQ 20645 (Non -Public Water Suppliers) and TCEQ 20646 (Public Water
Suppliers). However, the Entity must be up-to-date on its Annual Report Submittals to the TWDB.
TCEQ-Form 20645 (revised 10/2018)
Ordinance No. 19-21, Page 82
Water Conservation Plans
For the five-year submittal (or for revisions between the five-year submittals), attach
your updated or revised Water Conservation Plan for each of the uses indicated in
Section 3, above. Every updated or revised water conservation plan submitted must
contain each of the minimum requirements found in the TCEQ rules and must be duly
adopted by the entity submitting the water conservation plan. Please include evidence
that each water conservation plan submitted has been adopted.
• Rules on minimum requirements for Water Conservation Plans can be found in 30
TAC 288.
h► 2 Ztt�\rcL!.so.%Stat.e.lx.Lls/PLtblic/reacltac%24ext.V.iew•TAC"?tac_vie%.�---1&ti=30,-%pt
=1&ch=288
• Forms which include the minimum requirements and other useful information are
also available to assist you. Visit the TCEQ webpage for Water Conservation Plans
and Reports. htii)s://www.tcecl.texas.gov,Zpermittit /water_tiights/wr_techiYical-
resources conse ve.html
Call 512-239-4691 or email to wcp@tceq.texas.gov for assistance with the requirements
for your water conservation plan(s) and report(s).
6. For each Water Conservation Plan submitted, state whether the five and ten-year targets
for water savings and water loss were met in your previous water conservation plan.
Yes No X
If the targets were not met, please provide an explanation.
Town of Prosper exceeded the growth rate anticipated at the time the goals were established. Many or all new
es were built with irrigation systems installed.
7. For each five-year submittal, does each water conservation plan submitted contain
updated five and ten-year targets for water savings and water loss?
Yes X No
If yes, please identify where in the water conservation plan the updated targets are
located (page, section).
Chapter 5 - Page 5-2
TCEQ-Form 20645 (revised 10/2018)
Ordinance No. 19-21, Page 83
8. In the box below (or in an attachment titled "Summary of Updates or Revisions to Water
Conservation Plans), please identify any other revisions/updates made to each water
conservation plan that is being updated or revised. Please specify the water conservation
plan being updated and the location within the plan of the newly adopted updates or
revisions.
The previous plan defines ''Regulated Irrigation Property" as any property that uses 1 million gallons of water or more for irrigati
in a single calendar year, or is greater than 1 acre in size. The new plan defines it as any property that uses 1 million gallons of
ater or more for irrigation purposes in a single calendar year.
Stage 1 Initiation
Previous - Storage in Lavon Lake is less than 55% of NTMWD's total conservation pool capacity
New - Storage in Lavon Lake is less than 70% of NTMWD's total conservation pool capacity April — October or less than 60%
during November — March
Stage 2 Initiation
Previous - Storage in Lavon Lake is less than 45% of NTMWD's total conservation pool capacity
New - Storage in Lavon Lake is less than 55% of NTMWD's total conservation pool capacity April — October or less than 45%
wring November — March
Stage 3 Initiation
Previous - Storage in Lavon Lake is less than 35% of NTMWD's total conservation pool capacity
New - Storage in Lavon Lake is less than 30% of NTMWD's total conservation pool capacity April — October or less than 20%
durino November — March
9. Form Completed by (Point of Contact): Frank E. Jaromin, P.E.
(If different than name listed above, owner and contact may be different individual(s)/entities)
Contact Person Title/Position: Director of Public Works i
Contact Address: PO BOX 307 Prosper, TX 75078
Contact Phone Number:972-347-9969 Contact Email Address: frankJaromin@prospE
ifznature: AjDate: 4/12/2019
TCEQ-Form 20645 (revised 10/2018)
Ordinance No. 19-21, Page 84
2019 WATER RESOURCE AND EMERGENCY
MANAGEMENT PLAN
TOWN OF PROSPER
APRIL 2019
Ordinance No. 19-21, Page 85
019 Water Resource and Emergency Management Plan 1`�
Town of Prosper _.aPPSPER.
TABLE OF CONTENTS
1. INTRODUCTION AND OBJECTIVES..................................................................................... 1 1
2. DEFINITIONS AND ABBREVIATIONS................................................................................... 2 1
3. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES ........................................... 3 1
4. WATER RESOURCE AND EMERGENCY MANAGEMENT PLAN ............................................ 4 1
4.1 Provisions to Inform the Public and Opportunity for Public Input ................................ 4 1
4.2 Program for Continuing Public Education and Information ........................................... 41
4.3 Criteria for Initiation and Termination of Water Resource and Emergency Management
Stages And Targets For Water Use Reductions.............................................................. 4-2
4.3.1 Stage 1..................................................................................................................... 43
4.3.2 Stage 2..................................................................................................................... 46
4.3.3 Stage 3................................................................................................................... 410
4.4 Procedures for Granting Variances to the Plan............................................................ 4 13
4.5 Procedures for Enforcing Mandatory Water Use Restrictions ..................................... 414
4.6 Coordination with the Regional Water Planning Group and NTMWD ........................ 414
4.7 Review and Update of Water Resource and Emergency Management Plan .............. 4 14
APPENDICES
APPENDIX A List of References
APPENDIX B Texas Commission on Environmental Quality Rules on Drought Contingency Plans
• Texas Administrative Code Title 30, Chapter 288, Section 288.20 — Drought
Contingency Plans for Municipal Uses by Public Water Suppliers
APPENDIX C Letters to Region C and Region D Water Planning Groups
APPENDIX D Adoption of Water Resource and Emergency Management Plan
Ordinance No. 19-21, Page 86
20 9 Water Resource and Emergency Management Plan
Town of Prosper 1.I11 N Oil
PIX)SPER
1. INTRODUCTION AND OBJECTIVES
This document has been prepared as a Model Water Resource and Emergency Management Plan (Model
WREMP), intended to be available for use by North Texas Municipal Water District (NTMWD) Member
Cities and Customers as they develop their own respective WREMPs. This WREMP addresses all of the
current TCEQ requirements for a drought contingency plan.' This WREMP will replace the plans dated
May 2015.
The measures included in this WREMP are intended to provide short-term water savings during drought
or emergency conditions. Water savings associated with ongoing, long-term strategies are discussed in
the document entitled Model Water Conservation Plon for North Texas Municipal Water District Member
Cities and Customers. z
The purpose of this WREMP is as follows:
• To conserve the available water supply in times of drought, water supply shortage, and
emergency.
• To maintain supplies for domestic water use, sanitation, and fire protection.
• To protect and preserve public health, welfare, and safety.
• To minimize the adverse impacts of water supply shortages.
• To minimize the adverse impacts of emergency water supply conditions.
NTMWD supplies treated potable water to its Member Cities and Customers. This WREMP was developed
by NTMWD in consultation with its Member Cities and Customers. In order to adopt this WREMP, each
NTMWD Member City and Customer will need to adopt ordinance(s) or regulation(s implementing the
WREMP, including the establishment of fines and enforcement procedures. The WREMP calls for each
Member City and Customer to adopt Water Resource Management Stages initiated by NTMWD during a
drought or water supply emergency. Member Cities and Customers may also adopt more stringent Water
Resource Management Stages than NTMWD if conditions so warrant.
In the absence of drought response measures, water demands tend to increase during a drought due to
increased outdoor irrigation. The severity of a drought depends on the degree of depletion of supplies
1-1
Ordinance No. 19-21, Page 87
2019 Water Resource and Emergency Management Plan
Town of Prosper P S- PE-t
R
and on the relationship of demand to available supplies. NTMWD considers a drought to end when all of
NTMWD's supply reservoirs refill to conservation storage pool levels.
1 Superscripted numbers match references listed in Appendix A.
1-
Ordinance No. 19-21, Page 88
2019 Water Resource and Emergency Management Plan I
Town of Prosper P S P E R
2. DEFINITIONS AND ABBREVIATIONS
1. AQUATIC LIFE means a vertebrate organism dependent upon an aquatic environment to sustain
its life.
2. ATHLETIC FIELD means a public sports competition field the essential feature of which is turf
grass used primarily for organized sports practice competition or exhibition events for schools;
professional sports and league play sanctioned by the utility providing retail water supply.
3. COMMERCIAL FACILITY means business or industrial buildings and the associated landscaping but
does not include the fairways greens or tees of a golf course.
4. COMMERCIAL VEHICLE WASH FACILITY means a permanently -located business that washes
vehicles or other mobile equipment with water orwater-based products including but not limited
to self-service car washes full service car washes roll-over/in-bay style car washes and facilities
managing vehicle fleets or vehicle inventory.
S. CUSTOMERS include those entities to whom NTMWD provides wholesale water that are not
Member Cities of NTMWD.
6. DESIGNATED OUTDOOR WATER USE DAY means a day prescribed by rule on which a person is
permitted to irrigate outdoors".
7. DRIP IRRIGATION is a type of micro -irrigation system that operates at low pressure and delivers
water in slow small drips to individual plants or groups of plants through a network of plastic
conduits and emitters; also called trickle irrigation.
8. DROUGHT for the purposes of this report means an extended period of time when an area
receives insufficient amounts of rainfall to replenish the water supply causing water supply
sources (in this case reservoirs) to be depleted.
9. EVAPOTRANSPIRATION (ET) represents the amount of water lost from plant material to
evaporation and transpiration. The amount of ET can be estimated based on the temperature
wind and relative humidity.
-1
Ordinance No. 19-21, Page 89
019 Water Resource and Emergency Management Plan
Town of Prosper 111 N
P SPIt' R.
10. EXECUTIVE DIRECTOR means the Executive Director of the NTMWD and includes a person the
Executive Director has designated to administer or perform any task, duty, function, role, or action
related to this Plan or on behalf of the Executive Director.
11. FOUNDATION WATERING means an application of water to the soils directly abutting (within 2
feet the foundation of a building, structure .
12. INTERACTIVE WATER FEATURES means water sprays, dancing water jets, waterfalls, dumping
buckets, shooting water cannons, inflatable pools, temporary splash toys or pools, slip-n-slides,
or splash pads that are maintained for recreation.
13. IRRIGATION SYSTEM means a permanently installed, custom-made, site -specific system of
delivering water generally for landscape irrigation via a system of pipes or other conduits installed
below ground.
14. LANDSCAPE means any plant material on a property, including any tree, shrub, vine, herb, flower,
succulent, ground cover, grass or turf species, that is growing or has been planted out of doors.
15. MEMBER CITIES include the cities of Allen, Farmersville, Forney, Frisco, Garland, McKinney,
Mesquite, Plano, Princeton, Richardson, Rockwall, Royse City, and Wylie, Texas, which are
members of NTMWD.
16. NEW LANDSCAPE means : (a vegetation installed at the time of the construction of a residential
or commercial facility; (b installed as part of a governmental entity's capital improvement
project; or (c installed to stabilize an area disturbed by construction.
17. ORNAMENTAL FOUNTAIN means an artificially created structure (up to a certain diameter from
which a jet, stream, or flow of treated water emanates and is not typically utilized for the
preservation of aquatic life.
18. RETAIL CUSTOMERS include those customers to whom the Supplier provides retail waterfrom a
water meter.
19. SOAKER HOSE means a perforated or permeable garden -type hose or pipe that is laid above
ground that provides irrigation at a slow and constant rate.
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20. SPRINKLER means an above -ground water distribution device that may be attached to a garden
hose.
21. SUPPLIER means a Member City or Customer that purchases wholesale water from NTMWD and
provides water to retail and/or wholesale customers.
22. SWIMMING POOL means any structure basin, chamber or tank including hot tubs containing an
artificial body of water for swimming diving or recreational bathing and having a depth of two
(2) feet or more at any point.
23. WATER RESOURCE MANAGEMENT PLAN means a strategy or combination of strategies for
temporary supply management and demand management responses to temporary and
potentially recurring water supply shortages and other water supply emergencies required by
Texas Administrative Code Title 30, Chapter 288 Subchapter B. This is sometimes called a drought
contingency plan.
Abbreviations
Abbreviation
Full omenclature
E
NTMW Executive irector
NTMW or istrict
North Texas Municipal Water istrict
TCEQ
Texas Commission on Environmental Quality
TW B
Texas Water evelopment Board
WREMP
Water Resource and Emergency
Management Plan for Member Cities and
Customers
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3. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES
The TCEQ rules governing development of drought contingency plans for public water suppliers are
contained in Title 30, Chapter 288, Section 288.20 of the Texas Administrative Code, a current copy of
which is included in Appendix B. For the purpose of these rules, a drought contingency plan is defined as
"a strategy or combination of strategies for temporary supply and demand management responses to
temporary and potentially recurring water supply shortages and other water supply emergencies."'
Minimum Requirements
TCEQ s minimum requirements for drought contingency plans are addressed in the following subsections
of this report:
• 288.20(a)(1)(A) — Provisions to Inform the Public and Provide Opportunity for Public Input —
Section 4.1
• 288.20(a)(1)(B) — Program for Continuing Public Education and Information — Section 4.2
• 288.20(a)(1)(C) — Coordination with the Regional Water Planning Group — Section 4.6
• 288.20(a)(1)(D) — Description of Information to be Monitored and Criteria for the Initiation
and Termination of Water Resource Management Stages — Section 4.3
• 288.20(a)(1)(E) — Water Resource Management Stages — Section 4.3
• 288.20(a)(1)(F) — Specific, Quantified Targets for Water Use Reductions During Water
Shortages — Section 4.3
• 288.20(a)(1)(G) — Water Supply and Demand Management Measures for Each Stage — Section
4.3
• 288.20(a)(1)(H) — Procedures for Initiation and Termination of Water Resource Management
Stages — Section 4.3
• 288.20(a)(1)(1) - Procedures for Granting Variances— Section 4.4
• 288.20(a)(1)(J) - Procedures for Enforcement of Mandatory Restrictions — Section 4.5
• 288.20(a)(3) — Consultation with Wholesale Water Supplier — Sections 1 and 4.3
• 288.20(b) —TCEQ Notification of Implementation of Mandatory Measures —Section 4.3
• 288.20(c) — Review and Update of WREMP — Section 4.7
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4. WATER RESOURCE AND EMERGENCY MANAGEMENT PLAN
4.1 PROVISIONS TO INFORM THE PUBLIC AND OPPORTUNITY FOR PUBLIC INPUT
Member Cities and Customers will provide opportunity for public input in the development of this WREMP
by the following means:
• Providing written notice of the proposed WREMP and the opportunity to comment on the
WREMP by newspaper, posted notice, and notice on the utility's web site and social media if
available).
• Making the draft WREMP available on the supplier's web site if available).
• Providing the draft WREMP to anyone that requests a copy.
• Supplier may hold a public meeting providing advance public notice of such meeting.
4.2 PROGRAM FOR CONTINUING PUBLIC EDUCATION AND INFORMATION
Member Cities and Customers will inform and educate the public about the Water Resource and
Emergency Management Plan by the following means:
• Preparing a bulletin describing the plan and making it available at Town Hall and other
appropriate locations.
• Making the plan available to the public through the supplier's web site if available).
• Including information about the Water Resource and Emergency Management Plan on the
supplier's web site if available).
• Notifying local organizations, schools, and civic groups that utility staff are available to make
presentations on the Water Resource and Emergency Management Plan usually in
conjunction with presentations on water conservation programs).
• At any time that the Water Resource and Emergency Management Plan is activated or
changes, Member Cities and Customers will notify local media of the issues, the Water
Resource Management Stage if applicable), and the specific actions required of the public.
The information will also be publicized on the supplier's web site if available). Billing inserts
will also be used as appropriate.
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4.3 CRITERIA FOR INITIATION AND TERMINATION OF WATER RESOURCE AND
EMERGENCY MANAGEMENT STAGES AND TARGETS FOR WATER USE
REDUCTIONS
Initiation of a Water Resource Management Stage
The Mayor, Town Manager, or official designee may order the implementation of a Water Resource
Management Stage when one or more of the trigger conditions for that stage is met.
• Water Resource and Emergency Management Plan stages imposed by NTMWD action must
be initiated by Member Cities and Customers.
• For other trigger conditions internal to a town or water supply entity, the Mayor, Town
Manager, or official designee may decide not to order the implementation of a Water
Resource Management Stage or Water Emergency even though one or more of the trigger
criteria for the stage are met. Factors which could influence such a decision include, but are
not limited to, the time of the year, weather conditions, the anticipation of replenished water
supplies, or the anticipation that additional facilities will become available to meet needs.
The reason for this decision should be documented.
The following actions will be taken when a water resource management stage is initiated:
• The public will be notified through local media and the supplier's web site (if available) as
described in Section 4.2.
• Wholesale customers (if any) and NTMWD will be notified by e-mail with a follow-up letter
that provides details of the reasons for initiation of the Water Resource Management Stage.
• If any mandatory provisions of the Water Resource and Emergency Management Plan are
activated, Member Cities and Customers will notify the TCEQ Executive Director and the
NTMWD Executive Director within 5 business days.
Termination of a Water Resource Management Stage
WREMP stages initiated by NTMWD may be terminated after NTMWD has terminated the stage. For
WREMP stages initiated by the Supplier, the Mayor, Town Manager, or official designee may order the
termination of a Water Resource Management Stage when the conditions for termination are met or at
their discretion.
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The following actions will be taken when a Water Resource Management Stage is terminated:
• The public will be notified through local media and the supplier's web site (if available as
described in Section 4.2.
• Wholesale customers (if any and NTMWD will be notified by e-mail with a follow-up letter.
• If any mandatory provisions of the Water Resource and Emergency Management Plan that
have been activated are terminated, Member Cities and Customers will notify the TCEQ
Executive Director and the NTMWD Executive Director within 5 business days.
The Mayor, Town Manager, or official designee may decide not to order the termination of a Water
Resource Management Stage even though the conditions for termination of the stage are met. Factors
which could influence such a decision include, but are not limited to, the time of the year, weather
conditions, or the anticipation of potential changed conditions that warrant the continuation of the Water
Resource Management Stage. The reason for this decision should be documented.
Water Resource and Emergency Management Plan Stages and Corresponding
Measures
4.3.1 Stage 1
Initiation and Termination Conditions for Stage 1
NTMWD has initiated Stage 1, which may be initiated due to one or more of the following
• The Executive Director, with the concurrence of the NTMWD Board of Directors, finds that
conditions warrant the declaration of Stage 1.
• Water demand is projected to approach the limit of NTMWD's permitted supply.
• The storage level in Lavon Lake as published by the Texas Water Development Board (TWDB ,3
is less than 70 percent of the total conservation pool capacity during any of the months of
April through October or less than 60 percent of the total conservation pool capacity during
any of the months of November through March.
• The Sabine River Authority (SRA has indicated that its Upper Basin water supplies used by
NTMWD (Lake Tawakoni and/or Lake Fork are in a Stage 1 drought.
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• NTMWD has concern that Lake Texoma, Jim Chapman Lake, the East Fork Water Reuse
Project, the Main Stem Pump Station, or some other NTMWD water source may be limited in
availability within the next six (6 months.
• Water demand exceeds 95 percent of the amount that can be delivered by NTMWD to
Customers for three (3 consecutive days.
• Water demand for all or part of the delivery system approaches delivery capacity because
delivery capacity is inadequate.
• Supply source is interrupted or unavailable due to contamination, invasive species,
equipment failure, or other cause.
• Water supply system is unable to deliver water due to the failure or damage of major water
system components.
• Part of the system has a shortage in supply or damage to equipment. NTMWD may implement
measures for only that portion of the NTMWD system impacted.
Supplier has initiated Stage 1 due to one or more of the following reasons
• Supplier's water demand exceeds 95 percent of the amount that can be delivered to
customers for three consecutive days.
• Supplier's water demand for all or part of the delivery system equals delivery capacity because
delivery capacity is inadequate.
• Supply source becomes contaminated.
• Supplier's water system is unable to deliver water due to the failure or damage of major water
system components.
• Supplier's individual plan may be implemented if other criteria dictate_
NTMWD has terminated Stage 1, which may be terminated due to one or more of the following
• The Executive Director, with the concurrence of the NTMWD Board of Directors, finds that
conditions warrant the termination of Stage 1.
• The storage level in Lavon Lake, as published by the TWDB,3 is greater than 75 percent of the
total conservation pool capacity during any of the months of April through October or greater
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than 65 percent of the total conservation pool capacity during any of the months of November
through March.
• Other circumstances that caused NTMWD initiation of Stage 1 no longer prevail.
The circumstances that caused the Supplier's initiation of Stage 1 no longer prevail.
Goal for Use Reduction and Actions Available under Stage 1
The goal for water use reduction under Stage 1 is a two percent (2 ) reduction in the amount of water
produced by NTMWD from the previous corresponding annual payment period prior to institution of
drought restrictions. If circumstances warrant, or if required by NTMWD, the Mayor, Town Manager
or official designee can set a goal for greater or lesser water use reduction under Stage 1.—The Mayor,
Town Manager, or official designee may orderthe implementation of any or all of the actions listed below,
as deemed necessary, to achieve a two -percent reduction. Measures described as "requires notification
to TCEQ" are those that impose mandatory requirements on customers. The supplier must notify TCEQ
and NTMWD within five (5) business days if such mandatory measures are implemented.
• Continue actions established by the Water Conservation Plan.
• Notify any wholesale customers of actions being taken and request that they implement
similar procedures.
• Initiate engineering studies to evaluate alternative water sources and/or alternative delivery
mechanisms should conditions worsen.
• Further accelerate public education efforts on ways to reduce water use.
• Halt non -essential town government water use. Examples include street cleaning, vehicle
washing, operation of ornamental fountains, etc.
• Encourage the public to wait until the current drought or emergency situation has passed
before establishing New Landscape.
• Encourage all users to reduce the frequency of draining and refilling swimming pools.
• Requires Notification to TCEQ — Increase enforcement of the following landscape watering
restrictions established by the Water Conservation Plan: (1) limit landscape watering with
sprinklers or irrigation systems at each service address to no more than two (2) days per week,
on designated days, between April 1 and October 31; and (2) limit landscape watering with
sprinklers or irrigation systems at each service address to once every week, on designated
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days, between November 1 and March 31. Designated days are referenced in Figure 1.
Exceptions are as follows:
o An exception is allowed for New Landscape associated with new construction that may
be watered as necessary for 30 days from the date of installation of new landscape
features.
o An exception for additional watering of landscape may be provided by hand-held hose
with shutoff nozzle, and/or use of dedicated irrigation drip zones provided no runoff
occurs.
o Foundation (within 2 feet), New Landscape Watering, watering of new plantings (first
year) of shrubs, and watering of trees (within a ten foot radius of its trunk) may occur by
a hand-held hose, a soaker hose, or a dedicated zone using a Drip Irrigation system
provided no runoff occurs.
o Locations using alternative sources of water supply only for irrigation may irrigate without
day of the week restrictions provided proper signage is employed. However, irrigation
using alternative sources of supply is subject all other restrictions applicable to this stage.
If the alternative supply source is a well, proper proof of well registration with the North
Texas Groundwater Conservation District or Red River Ground Water Conservation
District is required. Other sources of water supply may not include imported treated
water.
• Requires Notification to TCEQ— Initiate a rate surcharge for all water use over a certain level.
• Requires Notification to TCEQ — Parks, golf courses and Athletic Fields using potable water
for landscape watering are required to meet the same reduction goals and measures outlined
in this stage. Exception for golf course greens and tee boxes that may be hand -watered as
needed.
4.3.2 Stage 2
Initiation and Termination Conditions for Stage 2
NTMWD has initiated Stage , which may be initiated due to one or more of the following:
• The Executive Director, with the concurrence of the NTMWD Board of Directors, finds that
conditions warrant the declaration of Stage 2.
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• Water demand is projected to approach the limit of NTMWD's permitted supply.
• The storage level in Lavon Lake, as published by the TWDB,3 is less than 55 percent of the total
conservation pool capacity during any of the months of April through October or less than 45
percent of the total conservation pool capacity during any of the months of November
through March.
• SRA has indicated that its Upper Basin water supplies used by NTMWD (Lake Tawakoni and/or
Lake Fork) are in a Stage 2 drought.
• NTMWD has concern that Lake Texoma, Jim Chapman Lake, the East Fork Water Reuse
Project, the Main Stem Pump Station, or some other NTMWD water source may be limited in
availability within the next three (3) months.
• Water demand exceeds 98 percent of the amount that can be delivered to Customers for
three (3) consecutive days.
• Water demand for all or part of the delivery system equals delivery capacity, because delivery
capacity is inadequate.
• Supply source is interrupted or unavailable due to contamination, invasive species,
equipment failure, or other cause.
• Water supply system is unable to deliver water due to the failure or damage of major water
system components.
• Part of the system has a shortage in supply or damage to equipment. NTMWD may
implement measures for only that portion of the system impacted.
Supplier has initiated Stage 2 due to one or more of the following reasons:
• Supplier's water demand exceeds 98 percent of the amount that can be delivered to customers
for three consecutive days.
• Supplier's water demand for all or part of the delivery system exceeds delivery capacity because
delivery capacity is inadequate.
• Supply source becomes contaminated.
• Supply source is interrupted or unavailable due to invasive species.
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• Supplier's water supply system is unable to deliver water due to the failure or damage of major
water system components.
• Supplier's individual plan may be implemented if other criteria dictate.
NTMWD has terminated Stage 2, which may be terminated due to one or more of the following:
• The Executive Director, with the concurrence of the NTMWD Board of Directors, finds that
conditions warrant the termination of Stage 2.
• The storage level in Lavon Lake, as published by the TWDB,3 is greater than 70 percent of the
total conservation pool capacity during any of the months of April through October or greater
than 60 percent of the total conservation pool capacityduring any of the months of November
through March.
• Other circumstances that caused the NTMWD's initiation of Stage 2 no longer prevail.
The circumstances that caused the Supplier's initiation of Stage 2 no longer prevail.
Goals for Use Reduction and Actions Available under Stage 2
The goal for water use reduction under Stage 2 is a reduction of ten percent (10 ) in the amount of water
obtained from NTMWD from the previous corresponding annual payment period prior to the institution
of drought restrictions. If circumstances warrant or if required by NTMWD, the Mayor, Town Manager,
or official designee can set a goal for greater or lesser water use reduction. The Mayor, Town Manager,
or official designee may order the implementation of any or all of the actions listed below, as deemed
necessary to achieve a ten percent reduction. Measures described as "requires notification to TCEQ" are
those that impose mandatory requirements on customers. The supplier must notify TCEQ and NTMWD
within five (5) business days if such mandatory measures are implemented.
• Continue or initiate any actions available under the Water Conservation Plan and Stage 1.
• Notify any wholesale customers of actions being taken and request that they implement
similar procedures.
• Implement viable alternative water supply strategies.
• Encourage all users to reduce the frequency of draining and refilling swimming pools.
• Requires Notification to TCEQ— Limit landscape watering with sprinklers or irrigation systems
at each service address to once per week on designated days between April 1 and October
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31. Limit landscape watering with sprinklers or irrigation systems at each service address to
once every other week on designated days between November 1 and March 31. Exceptions
are as follows:
o New Landscape may be watered as necessary for 30 days from the date of the installation
of new landscape features.
o Foundation Watering (within 2 feet), New Landscape Watering, watering of new plantings
(first year) of shrubs, and watering of trees (within a ten foot radius of its trunk) may occur
for up to two hours on any day by a hand-held hose, a dedicated zone using a Drip
Irrigation system and/or Soaker Hose, provided no runoff occurs.
o Athletic Fields may be watered twice per week.
o Locations using alternative sources of water supply only for irrigation may irrigate without
day -of -the -week restrictions, provided proper signage is employed to notify the public of
alternative water source(s) being used. However, irrigation using alternative sources of
supply is subject all other restrictions applicable to this stage. If the alternative supply
source is a well, proper proof of well registration with the North Texas Groundwater
Conservation District or Red River Groundwater Conservation District is required.
Alternative sources of water supply may not include imported treated water.
o An exemption is allowed for Drip Irrigation systems from the designated outdoor water
use day limited to no more than one day per week. Drip Irrigation systems are however
subject to all other restrictions applicable under this stage.
o Hand watering with shutoff nozzle, drip lines, and Soaker Hoses are allowed before 10 am
and after 6 pm, provided no runoff occurs.
• Requires Notification to TC Q— Prohibit hydro seeding, hydro mulching, and sprigging.
• Requires Notification to TC Q— Initiate a rate surcharge as requested by NTMWD.
• Requires Notification to TC Q — Initiate a rate surcharge for all water use over a certain level.
• Requires Notification to TC Q — If NTMWD has imposed a reduction in water available to
Member Cities and Customers, impose the same percent reduction on any wholesale
customers.
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• Requires Notification to TCEQ — Parks and golf courses using potable water for landscape
watering are required to meet the same reduction goals and measures outlined in this stage.
Exception for golf course greens and tee boxes which may be hand watered as needed.
4.3.3 Stage 3
Initiation and Termination Conditions for Staee 3
NTMWD has initiated Stage 3, which may be initiated due to one or more of the following
• The Executive Director, with the concurrence of the NTMWD Board of Directors, finds that
conditions warrant the declaration of Stage 3.
• Water demand is projected to approach or exceed the limit of the permitted supply.
• The storage level in Lavon Lake, as published by the TWDB,3 is less than 30 percent of the total
conservation pool capacity during any of the months of April through October or less than 20
percent of the total conservation pool capacity during any of the months of November
through March.
• SRA has indicated that its Upper Basin water supplies used by NTMWD (Lake Tawakoni and/or
Lake Fork) are in a Stage 3 drought.
• The water supply from Lake Texoma, Jim Chapman Lake, the East Fork Water Reuse Project,
Main Stem Pump Station, or some other NTMWD water source has become limited in
availability.
• Water demand exceeds the amount that can be delivered to Customers.
• Water demand for all or part of the delivery system exceeds delivery capacity because
delivery capacity is inadequate.
• Supply source is interrupted or unavailable due to contamination, invasive species,
equipment failure or other cause.
• Water supply system is unable to deliver water due to the failure or damage of major water
system components.
• Part of the system has a shortage in supply or damage to equipment. NTMWD may implement
measures for only that portion of the system impacted.
Supplier has initiated Stage 3 due to one or more of the following reasons
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• Supplier's water demand exceeds the amount that can be delivered to customers.
• Suppliers water demand for all or part of the delivery system seriously exceeds delivery
capacity because the delivery capacity is inadequate.
• Supply source becomes contaminated.
• Supplier's water supply system is unable to deliver water due to the failure or damage of
major water system components.
• Supplier's individual plan may be implemented if other criteria dictate.
NTMWD has terminated Stage 3, which may be terminated due to one or more of the following:
• The Executive Director, with the concurrence of the NTMWD Board of Directors, finds that
conditions warrant the termination of Stage 3.
• The storage level in Lavon Lake, as published by the TWDB,3 in Lavon Lake is greater than 55
percent of the total conservation pool capacity during any of the months of April through
October or greater than 45 percent of the total conservation pool capacity during any of the
months of Novemberthrough March.
• Other circumstances that caused the NTMWD s initiation of Stage 3 no longer prevail.
When other circumstances that caused the Supplier's initiation of Stage 3 no longer prevail.
Goals for Use Reduction and Actions Available under Stage 3
The goal for water use reduction under Stage 3 is a reduction of whatever amount is designated by
NTMWD in the amount of water obtained from NTMWD from the corresponding previous annual
payment period prior to institution of drought restrictions. If circumstances warrant or if required by
NTMWD the Mayor, Town Manager, or official designee can set a goal for greater or lesser water use
reduction. The Mayor, Town Manager, or official designee may order the implementation of any or all of
the actions listed below, as deemed necessary. Measures described as "requires notification to TCEQ"
are those that impose mandatory requirements on Member Cities and Customers. The supplier must
notify TCEQ and NTMWD within five (5) business days if such mandatory measures are implemented.
• Continue or initiate any actions available under the Water Conservation Plan and Stages 1 and
2.
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• Notify any wholesale customers of actions being taken and request them to implement similar
procedures.
• Implement viable alternative water supply strategies.
• Requires Notification to TCEQ— Initiate mandatory water use restrictions as follows:
O Hosing and washing of paved areas buildings structures windows or other surfaces is
prohibited except by variance and performed by a professional service using high
efficiency equipment.
o Prohibit operation of ornamental fountains or ponds that use potable water except where
supporting aquatic life or water quality.
• Requires Notification to TCEQ — Prohibit new sod hydro -seeding hydro -mulching and
sprigging.
• Requires Notification to TCEQ — Prohibit the use of potable water for the irrigation of New
Landscape.
• Requires Notification to TCEQ — Prohibit all commercial and residential landscape watering
except that Foundation Watering (within 2 feet) and watering of trees (within a ten foot radius
of its trunk) may occur for two hours one day per week with a hand-held hose or with a
dedicated zone using a Drip Irrigation system and/or Soaker Hose provided no runoff occurs.
Drip Irrigation systems are .not exempt from this requirement.
• Requires Notification to TCEQ— Prohibit washing of vehicles except at a Commercial Vehicle
Wash Facility.
• Requires Notification to TCEQ— Landscape watering of parks golf courses and Athletic Fields
with potable water is prohibited. Exception for golf course greens and tee boxes that may be
hand watered as needed. Variances may be granted by the water provider under special
circumstances.
• Requires Notification to TCEQ — Prohibit the filling draining and/or refilling of existing
swimming pools wading pools Jacuzzi and hot tubs except to maintain structural integrity,
proper operation and maintenance or to alleviate a public safety risk. Existing pools may add
water to replace losses from normal use and evaporation. Permitting of new swimming pools
wading pools Jacuzzi and hot tubs is prohibited.
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• Requires Notification to TC Q — Prohibit the operation of interactive water features such as
water sprays, dancing water jets, waterfalls, dumping buckets, shooting water cannons,
inflatable pools, temporary splash toys or pools, slip-n-slides or splash pads that are
maintained for recreation.
• Requires Notification to TC Q— Require all commercial water users to reduce water use by a
percentage established by the Mayor, Town Manager, or official designee.
• Requires Notification to TC Q — If NTMWD has imposed a reduction in water available to
Member Cities and Customers, impose the same percent reduction on any wholesale
customers.
• Requires Notification to TC Q— Initiate a rate surcharge over normal rates for all water use
or for water use over a certain level.
4.4 PROCEDURES FOR GRANTING VARIANCES TO THE PLAN
The Mayor, Town Manager, or official designee may grant temporary variances for existing water uses
otherwise prohibited under this Water Resource and Emergency Management Plan if one or more of the
following conditions are met:
• Failure to grant such a variance would cause an emergency condition adversely affecting
health, sanitation, or fire safety for the public or the person or entity requesting the variance.
• Compliance with this plan cannot be accomplished due to technical or other limitations.
• Alternative methods that achieve the same level of reduction in water use can be
implemented.
Variances shall be granted or denied at the discretion of the Mayor, Town Manager, or official designee.
All petitions for variances should be in writing and should include the following information:
• Name and address of the petitioners.
• Purpose of water use.
• Specific provisions from which relief is requested.
• Detailed statement of the adverse effect of the provision from which relief is requested.
• Description of the relief requested.
• Period of time for which the variance is sought.
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• Alternative measures that will be taken to reduce water use and the level of water use
reduction.
• Other pertinent information.
4.5 PROCEDURES FOR ENFORCING MANDATORY WATER USE RESTRICTIONS
Mandatory water use restrictions may be imposed in Stage 1, Stage 2 and Stage 3. The penalties
associated with the mandatory water use restrictions will be determined by each entity and will be laid
out in each entity's WREMP.
Appendix D contains potential ordinances, resolutions, and orders that may be adopted by the town
council, board, or governing body approving the Water Resource and Emergency Management plan,
including enforcement of same.
4.6 COORDINATION WITH THE REGIONAL WATER PLANNING GROUP AND NTMWD
Appendix C includes a copy of a letter sent to the Chairs of the Region C Water Planning Group and the
Chairs of the North East Texas Water Planning Group in conjunction with this model Water Resource and
Emergency Management Plan.
The suppliers will send a draft of its ordinance(s) or other regulation(s) implementing this plan to NTMWD
for NTMWD's review and comment. The supplier will also send the final ordinance(s) or other
regulation(s) to NTMWD.
4.7 REVIEW AND UPDATE OF WATER RESOURCE AND EMERGENCY MANAGEMENT
PLAN
As required by TCEQ rules, Member Cities and Customers must review their respective Water Resource
and Emergency Management plans every five years. The plan will be updated as appropriate based on
new or updated information, such as the revision of the regional water plans.
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APPENDIX A
LIST OF REFERENCES
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APPENDIX A
LIST OF REFERENCES
1. Title 30 of the Texas Administrative Code Part 1 Chapter 288 Subchapter B Rules 288.20 and
288.22 downloaded from
http://texreg.sos.state.tx.us/public/reaeltac$ext.ViewTAC?tac view=S&ti=30&pt=1&ch=288&sc
h=B&rl=Y July 2018.
2. Freese and Nichols Inc.: 2019 Model Water Resource Management Plan for NTMWD Members
Cities and Customers prepared for the North Texas Municipal Water District Fort Worth
February 2019.
3. Texas Water Development Board, Water Data for Texas Lavon Lake
https:/Iwaterdatafortexas.org/reservoirs/individual/lavon.
4. Definitions from City of Austin Water Conservation and Drought Contingency Ordinance adopted
August 16 2012.
5. Definition from City of San Antonio Water Conservation Ordinance adopted 2005.
http://saws.org/conservation/ordinance/dots/Ch34 Ordinance 2009.pdf.
6. Definition developed by Freese and Nichols Inc.
7. Amy Vickers: Handbook of Water Use and Conservation Amherst Massachusetts June 2002.
8. Freese and Nichols Inc.: Water Conservation and Drought Contingency and Water Emergency
Response Plan prepared for North Texas Municipal Water District Fort Worth March 2008.
Ordinance No. 19-21, Page 108
2019 Water Resource and Emergency Management Plan 1
Town of Prosper P � " s PER
APPENDIX B
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES ON
DROUGHT CONTINGENCY PLANS
Ordinance No. 19-21, Page 109
019 Water Resource and Emergency Management Plan
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APPENDIX B
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES ON
DROUGHT CONTINGENCY PLANS
TITLE 30 ENVIRONMENTAL QUALITY
PART 1 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 88 WATER CONSERVATION PLANS, DROUGHT CONTINGENCY PLANS,
GUIDELINES AND REQUIREMENTS
SUBCHAPTER B DROUGHT CONTINGENCY PLANS
RULE § 88. 0 Drought Contingency Plans for Municipal Uses by Public Water Suppliers
(a) A drought contingency plan for a retail public water supplier, where applicable, must include the
following minimum elements.
(1) Minimum requirements. Drought contingency plans must include the following minimum elements.
(A) Preparation of the plan shall include provisions to actively inform the public and affirmatively
provide opportunity for public input. Such acts may include, but are not limited to, having a public
meeting at a time and location convenient to the public and providing written notice to the public
concerning the proposed plan and meeting.
(B) Provisions shall be made for a program of continuing public education and information regarding
the drought contingency plan.
C) The drought contingency plan must document coordination with the regional water planning
groups for the service area of the retail public water supplier to ensure consistency with the appropriate
approved regional water plans.
(D) The drought contingency plan must include a description of the information to be monitored by
the water supplier, and specific criteria for the initiation and termination of drought response stages,
accompanied by an explanation of the rationale or basis for such triggering criteria.
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(E) The drought contingency plan must include drought or emergency response stages providing for
the implementation of measures in response to at least the following situations:
(i) reduction in available water supply up to a repeat of the drought of record;
(ii) water production or distribution system limitations;
(iii) supply source contamination; or
(iv) system outage due to the failure or damage of major water system components (e.g., pumps).
(F) The drought contingency plan must include specific, quantified targets for water use reductions to
be achieved during periods of water shortage and drought. The entity preparing the plan shall establish
the targets. The goals established by the entity under this subparagraph are not enforceable.
(G) The drought contingency plan must include the specific water supply or water demand
management measures to be implemented during each stage of the plan including, but not limited to,
the following:
(i) curtailment of non -essential water uses; and
(ii) utilization of alternative water sources and/or alternative delivery mechanisms with the prior
approval of the executive director as appropriate (e.g., interconnection with another water system,
temporary use of a non -municipal water supply, use of reclaimed water for non -potable purposes, etc.).
(H) The drought contingency plan must include the procedures to be followed for the initiation or
termination of each drought response stage, including procedures for notification of the public.
(1) The drought contingency plan must include procedures for granting variances to the plan.
(J) The drought contingency plan must include procedures for the enforcement of mandatory water
use restrictions, including specification of penalties (e.g., fines, water rate surcharges, discontinuation of
service) for violations of such restrictions.
(2) Privately -owned water utilities. Privately -owned water utilities shall prepare a drought contingency
plan in accordance with this section and incorporate such plan into their tariff.
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(3) Wholesale water customers. Any water supplier that receives all or a portion of its water supply from
another water supplier shall consult with that supplier and shall include in the drought contingency plan
appropriate provisions for responding to reductions in that water supply.
(b) A wholesale or retail water supplier shall notify the executive director within five business days of the
implementation of any mandatory provisions of the drought contingency plan.
(c) The retail public water supplier shall review and update, as appropriate, the drought contingency plan,
at least every five years, based on new or updated information, such as the adoption or revision of the
regional water plan.
Source Note: The provisions of this §288.2 adopted to be effective February 21, 1999, 24
TexReg 949; amended to be effective April 27, 2 , 25 TexReg 3544; amended to be effective
October 7, 2 4, 29 TexReg 9384
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APPENDIX C
LETTERS TO REGION C AND REGION D WATER PLANNING GROUPS
Ordinance No. 19-21, Page 113
019 Water Resource and Emergency Management Plan It
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APPENDIX C
LETTERS TO REGION C AND REGION D WATER PLANNING GROUPS
Date
Region C Water Planning Group
c/o Trinity River Authority
P O Box 60
Arlington, TX 76004
Dear Sir:
Enclosed please find a copy of the Model Water Resource and Emergency Management Plan for
Member Cities and Customers of the North Texas Municipal Water District. I am submitting a
copy of this plan 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 updated model plan on _, 2019.
Sincerely,
Frank E. laromin, P E
Town of Prosper
C-1
Ordinance No. 19-21, Page 114
019 Water Resource and Emergency Management Plan
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Pr�bsPER
Date
Mr. Richard LeTourneau
Chair, Region D Water Planning Group
P 0. Box 12071
Longview, TX 75607
Dear Mr LeTourneau:
Enclosed please find a copy of the recently updated Model Water Resource and Emergency
Management Plan for Member Cities and Customers of the North Texas Municipal Water District
I am submitting a copy of this plan 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 updated model plan on
2019.
Sincerely,
Frank E. Jaromin, P E.
Town of Prosper
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APPENDIX D
ADOPTION OF WATER RESOURCE AND EMERGENCY MANAGEMENT PLAN
Ordinance No. 19-21, Page 116
TOWN OF PROSPER, TEXAS
ORDINANCE NO. 19-
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
SECTION 13.05.001, "PLAN ADOPTED," OF ARTICLE 13.05, "WATER
CONSERVATION AND WATER RESOURCE AND EMERGENCY
MANAGEMENT PLAN," OF CHAPTER 13, "UTILITIES," OF THE TOWN'S
CODE OF ORDINANCES; AMENDING SECTION XVII, "WATER
CONSERVATION AND ENFORCEMENT FEES," OF APPENDIX A, "FEE
SCHEDULE," OF THE TOWN'S CODE OF ORDINANCES; ADOPTING A
WATER CONSERVATION AND WATER RESOURCE AND EMERGENCY
MANAGEMENT PLAN; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS
ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
WHEREAS, the Town of Prosper, Texas (the "Town"), recognizes that the amount of
water available to its water customers is limited; and
WHEREAS, the Town recognizes that due to natural limitations, drought conditions,
system failures and other acts of God which may occur, the Town cannot guarantee an
uninterrupted water supply for all purposes at all times; and
WHEREAS, the Texas Water Code and the regulations of the Texas Commission on
Environmental Quality (the "Commission") require that the Town adopt a Water Resource and
Emergency Management Plan; and
WHEREAS, the Town has determined an urgent need in the best interests of the public
to adopt a Water Resource and Emergency Management Plan; and
WHEREAS, pursuant to Chapters 51 and 54 of the Texas Local Government Code, the
Town is authorized to adopt any such ordinances necessary to preserve and conserve its water
resources; and
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council"), desires
to adopt an updated Water Conservation and Water Resource and Emergency Management
Plan for the Town of Prosper as official Town policy for water conservation; and
WHEREAS, the Town Council has investigated and determined that it will be
advantageous and beneficial to the citizens of Prosper and will protect the public health, safety
and welfare to adopt a Water Resource and Emergency Management Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
Ordinance No. 19-21, Page 117
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully
set forth herein.
SECTION 2
From and after the effective date of this Ordinance, Section 13.05.01, "Plan Adopted," of
Article 13.05, "Water Conservation and Water Resource and Emergency Management Plan" of
Chapter 13, "Utilities," of the Town's Code of Ordinances is amended to read as follows:
"Sec. 13.05.001 Plan Adopted
The Town Council hereby approves and adopts for the town, its citizens and water customers
the new Water Conservation and Water Resource and Emergency Management Plan (the
"Plan"), attached to this Ordinance as Exhibit A and incorporated herein for all purposes. A
copy of this Ordinance and the Plan are available in the Town Secretary's Office."
SECTION 3
The Town Council hereby approves and adopts the Plan, as referenced in Section 2 of
this Ordinance, as if recited verbatim herein. The Town commits to implement the requirements
and procedures set forth in the adopted Plan.
SECTION 4
From and after the effective date of this Ordinance, Section XVII, "Water Conservation
and Enforcement Fees," of Appendix A, "Fee Schedule," to the Town's Code of Ordinances is
amended to read as follows:
"Sec. XVII Water Conservation and Enforcement Fees
Administrative Fees. Administrative fees for violations to the Town's Water Conservation and
Water Resource and Emergency Management Plan shall be added to water account holder's
regular monthly Town utility bill as follows:
First Offense Courtesy Tag Warning
Second Offense Certified Letter notifying of violation
Third Offense and Subsequent offenses $100
Fourth Offense and Subsequent offenses $300
Contesting Violations: A water customer may request a hearing before a hearing officer(s)
appointed by the Executive Director of Infrastructure Services within fifteen (15) business days
after the date on the Notice. The hearing officer(s) shall evaluate all information offered by the
petitioner at the hearing. The customer shall bear the burden of proof to show why, by
preponderance of the evidence, the administrative fee should not be assessed. The hearing
officer(s) shall render a decision in writing within three (3) business days of the conclusion of the
hearing. A customer may appeal the decision from the hearing officer(s) in writing to the
Executive Director of Infrastructure Services within three (3) business days from the receipt of
the written appeal. The decision by the Executive Director of Infrastructure Services is final and
binding.
Ordinance No. 19-_, Page 2
Ordinance No. 19-21, Page 118
Unpaid assessed administrative fees related to violations of water use restrictions under the
Town Plan shall incur late payment penalties and may result in termination of water service."
SECTION 5
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution for violation
of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for
any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said
ordinances shall remain in full force and effect.
SECTION 6
If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be unconstitutional or invalid by a court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this Ordinance. The Town of Prosper
hereby declares that it would have passed this Ordinance, and each section, subsection, clause
or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, and phrases be declared unconstitutional.
SECTION 7
The Town 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, as amended.
SECTION 8
Any person, firm, corporation or business entity violating this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction therefore, shall be fined a sum not exceeding Two
Thousand Dollars ($2,000.00), and each and every day that such violation continues shall be
considered a separate offense; provided, however, that such penal provision shall not preclude
a suit to enjoin such violation. The Town of Prosper retains all legal rights and remedies
available to it pursuant to local, state and federal law.
SECTION 9
This Ordinance shall take effect and be in full force from and after its passage and
publication, as provided by the Revised Civil Statutes of the State of Texas and the Home Rule
Charter of the Town of Prosper, Texas.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 23RD DAY OF APRIL, 2019.
APPROVED:
Ray Smith, Mayor
Ordinance No. 19-_, Page 3
Ordinance No. 19-21, Page 119
ATTEST:
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 1g-_, Page 4
Ordinance No. 19-21, Page 120
EXHIBIT A
(Water Conservation and Water Resource and Emergency Management Plan)
Ordinance No. 19-_, Page 5
Ordinance No. 19-21, Page 121