06-001 - O TOWN OF PROSPER,TEXAS ORDINANCE NO.06-01
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, ADOPTING A DROUGHT
CONTINGENCY PLAN; ESTABLISHING CRITERIA FOR THE INITIATION AND TERMINATION
OF DROUGHT RESPONSE STATES; ESTABLISHING RESTRICTIONS ON CERTAIN WATER
USES; ESTABLISHING PENALTIES FOR THE VIOLATION OF AND PROVISIONS FOR
ENFORCEMENT OF THESE RESTRICTIONS; ESTABLISHING PROCEDURES FOR
GRANTING VARIANCES; REPEALING ORDINANCE NOS. 96-23, 00-20, 01-11, AND 02-30;
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 Drought Contingency Plan; and
WHEREAS, the Town has determined an urgent need in the best interest of the public to adopt a Drought
Contingency Plan; and
WHEREAS, pursuant to Chapter 54 of the Local Government Code, the Town is authorized to adopt 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 the North
Texas Municipal Water District (the "NTMWD") Drought Contingency Plan as modified for the Town of Prosper as
official Town policy for water conservation; and
WHEREAS, the Town Council has investigated and determined that Ordinance Nos. 96-23, 00-20, 01-11,
and 02-30 should be repealed;and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 drought contingency plan.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,TEXAS THAT:
Section 1. Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as
if fully set forth herein.
Section 2. Plan Adopted. The Town Council hereby approves and adopts the
NTMWD Drought Contingency Plan (the "Plan") as modified for the Town of Prosper, attached hereto as Exhibit A,
as if recited verbatim herein. The Town commits to implement the requirements and procedures set forth in the
adopted Plan.
Section 3. Penalty. Any customer, defined pursuant to 30 Texas Administrative
Code Chapter 291, failing to comply with the provisions of the Plan shall be subject to a fine of up to two thousand
dollars ($2,000.00) per day per occurrence and/or discontinuance of water service by the Town. Proof of a culpable
mental state is not required for a conviction of an offense under this section. Each day a customer fails to comply
with the Plan is a separate violation. The Town's authority to seek injunctive or other civil relief available under the
law is not limited by this section.
Section 4. 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 5. 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 6. Filing of Ordinance and Plan with Commission. The Town Administrator or his designee is hereby
directed to file a copy of the Plan and this Ordinance with the Commission in accordance with Title 30, Chapter 288
of the Texas Administrative Code.
Section 7. Repeal of Ordinance Nos. 96-23, 00-20, 01-11, and 02-30.
Ordinance No. 96-23, adopted on July 9, 1996; Ordinance No. 00-20, adopted on August 7, 2000; Ordinance No.
01-11, adopted on July 20, 2001; and Ordinance No. 02-30, adopted on July 30, 2002 are hereby repealed. The
effective date of the repeal discussed in this Section shall not occur until the effective date of this Ordinance at which
time Ordinance Nos. 96-23, 00-20, 01-11, and 02-30 shall be repealed. Such repeal shall not abate any pending
prosecution and/or lawsuit or prevent any prosecution and/or lawsuit from being commenced for any violation of
Ordinance Nos. 96-23, 00-20,01-11, and 02-30 occurring before the effective date of this Ordinance.
Section 8. 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 10th
day of January, 2006
CH RLES NISWA GER, Mayor
ATTESTED AND CORRECTLY
RECORDED:
SHANAE JENNIN , wn Secretary
Date(s)of Publication: 1 Z 2(CIP Q� (21/049 , The Dallas Morning News—Collin County
Edition
Drought Contingency Plan Town of Prosper
EXHIBIT A
Town of Prosper
Drought Contingency Plan
TABLE OF CONTENTS
1. INTRODUCTION AND OBJECTIVES 1-1
2. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES 2-1
3. DROUGHT CONTINGENCY PLAN 3-1
3.1 Provisions to Inform the Public and Opportunity for Public Input 3-1
3.2 Provisions for Continuing Public Education and Information 3-1
3.3 Initiation and Termination of Drought Response Stages 3-1
3.4 Drought and Emergency Response Stages 3-2
3.5 Procedures for Granting Variances to the Plan 3-9
3.6 Procedures for Enforcing Mandatory Water Use Restrictions 3-10
3.7 Coordination with the Regional Water Planning Group and NTMWD 3-10
3.8 Review and Update of Drought Contingency Plan 3-11
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Drought Contingency Plan Town of Prosper
APPENDICES
APPENDIX A List of References
APPENDIX B Texas Commission on Environmental Quality Rules on
Drought Contingency Plans
• Texas Administrative Code Title 30, Part 1, Chapter 288,
Subchapter A, Rule §288.20 — Drought Contingency Plans for
Municipal Uses by Public Water Suppliers
APPENDIX C Letter to Region C Water Planning Group
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Drought Contingency Plan Town of Prosper
Drought Contingency Plan for the
Town of Prosper
December 2005
1. INTRODUCTION AND OBJECTIVES
This document is a drought contingency plan, intended to be available for adoption by North
Texas Municipal Water District (NTMWD) member cities and customers. This plan
addresses all of the current TCEQ requirements for a drought contingency plan.
The purpose of this drought contingency plan is as follows:
• To conserve the available water supply in times of drought 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.
The North Texas Municipal Water District(NTMWD) supplies treated water to its member
cities and customers. This plan was developed by NTMWD in consultation with its member
cities. In order to adopt this plan, each NTMWD member city and customer will need to
adopt ordinance(s) or regulation(s) implementing the plan, including the determination of
fines and enforcement procedures. The plan calls for member cities and customers to adopt
drought stages initiated by NTMWD during a drought. Member cities and customer may
also adopt more stringent drought stages than NTMWD if conditions warrant.
1 Superscripted numbers match references listed in Appendix A.
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Drought Contingency Plan Town of Prosper
( 2. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES
The TCEQ rules governing development of drought contingency plans for public water
suppliers are contained in Title 30, Part 1, Chapter 288, Subchapter B, Rule 288.20 of the
Texas Administrative Code, 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 1."
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 3.1
• 288.20(a)(1)(B) — Provisions for Continuing Public Education and Information —
Section 3.2
• 288.20(a)(1)(C) — Coordination with the Regional Water Planning Group — Section
3.7
• 288.20(a)(1)(D) — Criteria for Initiation and Termination of Drought Stages -
- Section 3.3
■ 288.20(a)(1)(E)—Drought and Emergency Response Stages—Section 3.4
• 288.20(a)(1)(F)—Water Supply and Demand Management Measures for Each Stage
—Section 3.4
• 288.20(a)(1)(G) — Procedures for Initiation and Termination of Drought Stages —
Section 3.3 ..
• 288.20(a)(1)(H)-Procedures for Granting Variances—Section 3.5
• 288.20(a)(1)(I) - Procedures for Enforcement of Mandatory Restrictions — Section
3.6
• 288.20(a)(3)—Consultation with Wholesale Supplier—Sections 1, 3.3, and 3.4
• 288.20(b)—Notification of Implementation of Mandatory Measures—Section 3.3
• 288.20(c)—Review and Update of Plan—Section 3.8
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Drought Contingency Plan Town of Prosper
( 3. DROUGHT CONTINGENCY PLAN
3.1 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 drought contingency plan by the following means:
• Providing written notice of the proposed plan and the opportunity to comment on the
plan by newspaper,posted notice, and notice on Prosper's web site.
• Making the draft plan available on Prosper's web site.
• Providing the draft plan to anyone requesting a copy.
• Holding a public meeting.
3.2 Provisions for Continuing Public Education and Information
Member cities and customers will inform and educate the public about the drought
contingency 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 Prosper's web site.
• Including information about the drought contingency plan on Prosper's web site.
• Notifying local organizations, schools, and civic groups that staff are available to
make presentations on the drought contingency plan (usually in conjunction with
presentations on water conservation programs).
At any time that the drought contingency plan is activated or the drought stage changes,
member cities and customers will notifylocal.media of the issues, the drought response
stage, and the specific actions required .of the public. The information will also be
publicized on Prosper's web.site. Billing inserts will also be used as appropriate.
3.3 Initiation and Termination of Drought Response Stages
Initiation of a Drought Response Stage
The Town Administrator, or official designee may order the implementation of a drought
response stage or water emergency when one or more of the trigger conditions for that stage
is met. The following actions will be taken when a drought stage is initiated:
• The public will be notified through local media and Prosper's web site as described
in Section 3.2.
• Wholesale customers (if any)and the NTMWD will be notified by telephone with a
follow-up letter, e-mail, or fax.
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Drought Contingency Plan Town of Prosper
■ If any mandatory provisions of the drought contingency plan are activated, member
( cities and customers will notify the Executive Director of the TCEQ within 5
business days.
Drought stages imposed by NTMWD action must be initiated by member cities and
customers. For other trigger conditions, the Town Administrator, or official designee may
decide not to order the implementation of a drought response 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.
Termination of a Drought Stage
The Town Administrator, or official designee may order the termination of a drought
response stage or water emergency when the conditions for termination are met or at their
discretion. The following actions will be taken when a drought stage is terminated:
• The public will be notified through local media and Prosper's web site as described
in Section 3.2.
• Wholesale customers (if any)and the NTMWD will be notified by telephone with a
follow-up letter, e-mail, or fax.
• If any mandatory provisions of the drought contingency plan that have been
activated are terminated, member cities and customers will notify the Executive
Director of the TCEQ within 5 business days.
The Town Administrator, or official designee may decide not to order the termination of a
drought response stage or water emergency 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 pontinuation of the drought stage. The reason for this decision
should be documented.
3.4 Drought and Emergency Response Stages
Stage 1,Mild(Voluntary)
Initiation and Termination Conditions for Stage 1,Mild
• The NTMWD has initiated Stage 1, Mild, which may also be initiated by one or
more of the following:
o The water level in Lake Lavon has fallen below elevation 484.0 msl (8 feet
below the top of conservation storage).
o NTMWD demand exceeds 90% of the amount that can be delivered to
( customers for seven consecutive days.
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Drought Contingency Plan Town of Prosper
o Water demand for all or part of NTMWD's delivery system approaches delivery
capacity because delivery capacity is inadequate.
o NTMWD's supply source becomes contaminated.
o NTMWD's water supply system is unable to deliver water due to the failure or
damage of major water system components.
o Water use is approaching the limit of the permitted supply.
■ Town of Prosper maximum daily flow exceeds 2.5 times the average daily flow
from the preceding months of January, February, and.March for seven consecutive
days.
■ Town of Prosper water demand for all or part of the delivery system approaches
delivery capacity because delivery capacity is inadequate.
■ Town of Prosper supply source becomes contaminated.
• Town of Prosper water supply system is unable to deliver water due to the failure or
damage of major water system components.
• Town of Prosper individual plan may be implemented if other criteria dictate.
Stage 1 would terminate when NTMWD terminates its Stage 1 condition or when the
circumstances that caused the initiation of Stage 1 no longer prevail.
Goal for Use Reduction and Actions Available under Stage 1,Mild
Stage 1, Mild, is intended to raise public awareness of potential drought problems. There is
no goal for reduction of water use. The Town Administrator, or official designee may order
the implementation of any of the actions listed below, as deemed necessary:
■ Request voluntary reductions in water use by the public and by wholesale customers.
• Increase public education efforts on ways to reduce water use.
• Review the problems that caused the initiation of Stage 1.
■ Notify major water users and work with them to achieve voluntary water use
reductions.
• Intensify efforts on leak detection and repair.
• Reduce non-essential city government water use. (Examples include street cleaning,
vehicle washing, operation of ornamental fountains, etc.)
■ Reduce city government water use for landscape irrigation.
• Ask the public to follow voluntary landscape watering schedules.
• Notify wholesale customers (if any) of actions being taken and request
implementation of similar procedures.
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Drought Contingency Plan Town of Prosper
( Stage 2,Moderate(Voluntary/Mandatory Upgrade)
Initiation and Termination Conditions for Stage 2,Moderate
■ The NTMWD has initiated Stage 2, Moderate, which may be initiated by one or
more of the following:
o The water level in Lake Lavon has fallen below elevation 481.0 msl (11 feet
below the top of conservation storage).
o NTMWD demand exceeds 95% of the amount that can be delivered to
customers for five consecutive days.
o NTMWD demand for all or part of the delivery system equals delivery capacity
because delivery capacity is inadequate.
o NTMWD's supply source becomes contaminated.
o NTMWD's water supply system is unable to deliver water due to the failure or
damage of major water system components.
o Water use is approaching the limit of the permitted supply.
• Town of Prosper maximum daily flow exceeds 3.0 times the average daily flow
from the preceding months of January, February, and March for five consecutive
days for voluntary restrictions and fifteen consecutive days for mandatory
restrictions.
• Town of Prosper demand for all or part of the delivery system equals delivery
capacity because delivery capacity is inadequate.
• Town of Prosper supply source becomes contaminated.
• Town of Prosper water supply system is unable to deliver water due to the failure or
damage of major water system components.
• Town of Prosper individual plan may be implemented if other criteria dictate.
Stage 2 can terminate when NTMWD terminates its Stage 2 condition or when the
circumstances that caused the initiation of Stage 2 no longer prevail.
Goal for Use Reduction and Actions Available under Stage 2,Moderate
The goal for water use reduction under Stage 2, Moderate, is a ten percent reduction in the
use that would have occurred in the absence of drought contingency measures. The Town
Administrator,or official designee may order the implementation of any of the actions listed
below, as deemed necessary:
• Continue or initiate any actions available under Stage 1.
• Initiate engineering studies to evaluate alternatives should conditions worsen.
• Further accelerate public education efforts on ways to reduce water use, which may
be upgraded to mandatory restrictions.
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Drought Contingency Plan Town of Prosper
• Notify all Town of Prosper water users of the following water use schedule for all
landscape and outdoor water usage:
Last Digit of Address Allowed Landscape Water Day
Retail,Business,Industrial Monday and Thursday
and Commercial Customers
Schools,Places of Worship,Parks, Monday and Thursday
Designated Open Space,Medians/
ROW,and other Non-Residential
Users
Residential Only 0,2,4,6,8 Tuesday and Saturday
(Includes Duplexes,Town Homes
and Apartments)
Residential Only 1,3,5,7,9 Wednesday and Sunday
(Includes Duplexes,Town Homes
and Apartments)
Storage Tank Recovery Friday
* A 30-day exemption is allowed for new landscaping. Soaker hoses for
foundation maintenance are exempt.
• Halt non-essential city 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 landscaping. •
• Notify wholesale customers (if any) of actions being taken and request them to
implement similar procedures.
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Drought Contingency Plan Town of Prosper
Stage 3,Severe(Mandatory)
Initiation and Termination Conditions for Stage 3, Severe
■ The NTMWD has initiated Stage 3, Severe, which may also be initiated by one or
more of the following:
o The water level in Lake Lavon has fallen below elevation 478.0 msl (14 feet
below the top of conservation storage).
o NTMWD demand exceeds 98% of the amount that can be delivered to
customers for three consecutive days.
o NTMWD demand for all or part of the delivery system exceeds delivery
capacity because delivery capacity is inadequate.
o NTMWD's supply source becomes contaminated.
o NTMWD's water supply system is unable to deliver water due to the failure or
damage of major water system components.
o Water use is approaching the limit of the permitted supply.
• Town of Prosper maximum daily flow exceeds 3.5 times the average daily flow
from the preceding months of January, February, and March for three consecutive
days.
• Town of Prosper demand for all or part of the delivery system exceeds delivery
capacity because delivery capacity is inadequate.
• Town of Prosper supply source becomes contaminated.
• Town of Prosper water supply system is unable to deliver water due to the failure or
damage of major water system components.
• Town of Prosper individual plan nay be implemented if-other criteria dictate.
Stage 3 can terminate when NTMWD terminates its Stage 3 condition or when the
circumstances that caused the initiation of Stage 3 no longer prevail.
Goals for Use Reduction and Actions Available under Stage 3, Severe
The goal for water use reduction under Stage 3, Severe, is a reduction of twenty percent in
the use that would have occurred in the absence of drought contingency measures. If
circumstances warrant or if required by NTMWD, the Town Administrator, or official
designee can set a goal for a greater water use reduction.
The Town Administrator, or official designee must implement any action(s) required by
North Texas Municipal Water District. In addition, the Town Administrator, or official
designee may order the implementation of any of the actions listed below, as deemed
necessary. Measures described as "requires notification to TCEQ" impose mandatory
requirements on customers. The supplier must notify TCEQ within five business days if
these measures are implemented:
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Drought Contingency Plan Town of Prosper
• Continue or initiate any actions available under Stages 1 and 2.
■ Implement viable alternative water supply strategies.
• Requires Notification to TCEQ — Initiate mandatory water use restrictions as
follows:
o Prohibit hosing of paved areas,buildings, or windows.
o Prohibit operation of ornamental fountains.
o Prohibit washing or rinsing of vehicles by hose.
o Prohibit using water in such a manner as to allow runoff or other waste.
• Requires Notification to TCEQ — Limit landscape watering at each service
address to once every seven days based on the last digit of the address.
(Exceptions: Foundations, azaleas, new plantings (first year) of trees and shrubs
may be watered for up to 2 hours on any day by a hand-held hose or a soaker
hose. (Restrictions do not apply to locations using treated wastewater effluent for
irrigation.)
The Town of Prosper mandatory seven day watering schedule is as follows:
Last Digit of Address Allowed Landscape Water Days
Retail, Business,Industrial Monday
and Commercial Customers
Residential Only 0,2,4,6,8 Tuesday
(Includes Duplexes, Town Homes
and Apartments)
Residential Only 1,3,5,7,9 Wednesday
(Includes Duplexes, Town Homes
and Apartments)
Schools,Places of Worship,Parks, Thursday
Designated Open Space,Medians/
ROW, and other Non-Residential •
Users
Storage Tank Recovery Friday, Saturday and
Sunday
* Soaker hoses for foundation maintenance are exempt.
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Drought Contingency Plan Town of Prosper
• Requires Notification to TCEQ —Prohibit draining and filling of existing pools
and filling of new pools. (Pools may add water to replace losses during normal
use.)
• Requires Notification to TCEQ—Prohibit establishment of new landscaping.
• Initiate a rate surcharge of up to 10% for all water use over 4,000 gallons per
month.
• Discontinue city government water use for landscape irrigation, except as needed
to prevent foundation damage, keep golf course greens and tee boxes alive, and
preserve new plantings.
• Notify wholesale customers (if any) of actions being taken and request them to
implement similar procedures.
• If NTMWD has imposed a reduction in water available to member cities and
customers, impose the same percent reduction on wholesale customers.
Stage 4,Emergency(Mandatory)
Initiation and Termination Conditions for Stage 4,Emergency
• The NTMWD has initiated Stage 4, Emergency, which may also be initiated by one
or more of the following:
o The water level in Lake Lavon has fallen below elevation 475.0 msl (17 feet
below the top of conservation storage).
o NTMWD demand exceeds the amount that can be delivered to customers.
o NTMWD demand for all or part of the delivery system seriously exceeds
delivery capacity because the delivery capacity is inadequate.
o NTMWD's supply source becomes contaminated.
o NTMWD's water supply system is unable to deliver water due to the failure or
damage of major water system components.
o Water use is approaching the limit of the permitted supply.
• Town of Prosper demand exceeds the amount that can be delivered to customers.
• Town of Prosper demand for all or part of the delivery system seriously exceeds
delivery capacity because the delivery capacity is inadequate.
• Town of Prosper supply source becomes contaminated.
• Town of Prosper water supply system is unable to deliver water due to the failure or •
damage of major water system components.
• Town of Prosper individual plan may be implemented if other criteria dictate.
Stage 4 can terminate when NTMWD terminates its Stage 4 condition or when the
circumstances that caused the initiation of Stage 4 no longer prevail.
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Drought Contingency Plan Town of Prosper
Goals for Use Reduction and Actions Available under Stage 4,Emergency
The goal for water use reduction under Stage 4, Emergency, is a reduction to prevent public
health emergencies that would have occurred in the absence of drought contingency
measures. If circumstances warrant or required by NTMWD, the Town Administrator, or
official designee can set a goal for a greater water use reduction.
The Town Administrator or official designee must implement any action(s) required by
North Texas Municipal Water District. In addition, the Town Administrator, or official
designee may order the implementation of any of the actions listed below, as deemed
necessary. Measures described as "requires notification to TCEQ" impose mandatory
requirements on member cities and customers. The supplier must notify TCEQ within five
business days if these measures are implemented.
■ Continue or initiate any actions available under Stages 1, 2, and 3.
• Implement viable alternative water supply strategies.
■ Requires Notification to TCEQ — Prohibit any and all outdoor/landscaping water
usage until the emergency has subsided. This applies to all metered water users
utilizing the Town's public water supply and encompasses all residential (single or
multiple dwellings), commercial (car washes, nurseries, businesses, industries),
recreational (public/private golf courses,parks, athletic fields),religious, health care,
public/private schools and municipal entities. This restriction also applies to new
landscaping and soaker hoses.
Requires Notification to TCEQ — Require all commercial water users to reduce
water use by a percentage established by the Town Administrator or the official
designee.
• Use of water for municipal purposes shall be limited only to those activities
necessary to maintain the public health, safety, and welfare.
■ Use of water from fire hydrants is prohibited except for fire fighting and related
activities.
■ Initiate a rate surcharge of up to 25% over normal rates for all water use over 4,000
gallons per month.
■ Notify wholesale customers of actions being taken and request them to implement
similar procedures.
• If NTMWD has imposed a reduction in water available to member cities and
customers, impose the same percent reduction on wholesale customers.
3.5 Procedures for Granting Variances to the Plan
The Town Administrator, or official designee may grant temporary variances for existing
water uses otherwise prohibited under this drought contingency plan if one or more of the
following conditions are met:
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Drought Contingency Plan Town of Prosper
■ Failure to grant such a variance would cause an emergency condition adversely
affecting health, sanitation, or fire safety for the public or the person 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 Town Administrator, 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
• Alternative measures that will be taken to reduce water use
• Other pertinent information.
3.6 Procedures for Enforcing Mandatory Water Use Restrictions
Mandatory water use restrictions may be imposed in Stage 3 and Stage 4 drought stages.
These mandatory water use restrictions will be enforced by warnings and penalties as
follows: �'
• On the first violation, customers will be warned they have violated the mandatory
water use restriction.'
• On the second and subsequent violations, citations may be issued to customers, with
minimum and maximum fines established by ordinance.
• After three violations have occurred, the Town of Prosper may disconnect water
service to the customer.
• The Town of Prosper maintains the right, at any violation level, to disconnect water
service to a customer.
3.7 Coordination with the Regional Water Planning Group and NTMWD
Appendix C includes a copy of a letter sent to the Chair of the Region C water planning
group with this water conservation and drought contingency plan.
f
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Drought Contingency Plan Town of Prosper
The Town of Prosper will send a draft of its ordinance(s) or other regulation(s)
/ implementing this plan to NTMWD for their review and comment. The Town of Prosper
will also send the final ordinance(s)or other regulation(s)to NTMWD.
3.8 Review and Update of Drought Contingency Plan
As required by TCEQ rules, the Town of Prosper will review this drought contingency plan
every five years. The plan will be updated as appropriate based on new or updated
information.
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APPENDIX A
LIST OF REFERENCES
•
Appendix A
List of References
(1) Title 30 of the Texas Administrative Code, Part 1, Chapter 288, Subchapter A,
Rules 288.1 and Subchapter B, Rule 288.20, downloaded from
http://www.tnrcc.state.tx.us/oprd/rules/pdflib/288a.pdf,November 2003.
(2) Freese and Nichols, Inc.: North Texas Municipal Water District Water
Conservation and Drought Management Plan, prepared for the North Texas
Municipal Water District, Fort Worth,November 2003.
The following conservation and drought contingency plans and related documents were
reviewed in the development of this plan. References marked with a * were used heavily
in the development of this plan.
(3) City of Austin Water Conservation Division: "City of Austin Water Drought
Contingency Plan, Developed to Meet Senate Bill 1 Regulatory Requirements,"
Austin, August 1999.
(4) City of Austin Water Conservation Division: "City of Austin Water Conservation
Plan, Developed to Meet Senate Bill 1 Regulatory Requirements," Austin, August
1999.
(5) Upper Trinity Regional Water District: "Water Conservation Plan and Emergency
Water Demand Management Plan," adopted by the Board of Directors, Lewisville,
August 5, 1999.
(6) Upper Trinity Regional Water District: "Water Conservation Plan and Emergency
Water Demand Management Platy(2002 Amended)," adopted by the Board of
Directors, Lewisville, February 2002.
(7) *City of Dallas Water Utilities Department: "City of Dallas Water Management
Plan," adopted by the City Council, Dallas, September 1999.
(8) Updates to City of Dallas Water Management Plan found at
http://www.dallascityhall.com in September 2003.
(9) *City of Dallas Water Utilities Department: "City of Dallas Water Conservation
Plan," adopted by the City Council, Dallas, September 1999.
(10) *City of Fort Worth: "Water Conservation plan for the City of Fort Worth," Fort
Worth,August 1999.
(11) Updates to the City of Fort Worth water conservation plan found at http://ci./fort-
worth.tx.us in September 2003.
(12) *City of Fort Worth: "Emergency Water Management Plan for the City of Fort
Worth,"Fort Worth, August 19, 2003.
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(13) HDR Engineering, Inc.: "Water Conservation and Emergency Demand
Management Plan," prepared for the Tarrant Regional Water District, Austin,
February 2000.
(14) Freese and Nichols, Inc.: "Water Conservation and Drought Contingency Plan,"
prepared for Brown County Water Improvement District No. 1, Fort Worth, August
1999.
(15) Freese and Nichols, Inc.: "Water Conservation and Drought Contingency Plan,"
prepared for the Sabine River Authority of Texas, Fort Worth, September 1994.
(16) HDR Engineering, Inc.: "Water Conservation and Emergency Demand
Management Plan," prepared for the Tarrant Regional Water District, Austin, June
1998.
(17) HDR Engineering, Inc.: "Water Conservation Plan for the City of Corpus Christi,"
adopted by the City of Corpus Christi City Council,August 24, 1999.
(18) City of Houston's water conservation plan downloaded September 2003 from
http://www.cityofhouston.gov
(19) City of Houston: "Ordinance N. 2001-753, Amending Chapter 47 of the Code of
Ordinances Relating to Water Emergencies,"Houston,August 2001.
(20) City of Houston: "Ordinance No. 98-764, Relating to Water Conservation,"
Houston, September 1998.
(21) City of Houston: "Water Conservation Plan," 1998.
(22) City of Houston: "Water Emergency Response Plan,"Houston, July 15, 1998.
(23) City of Lubbock: "Water Conservation Plan," ordinance number 10177 adopted by
the City Council in August 1999.
(24) City of El Paso Water Conservation Ordinance downloaded August 14, 2003 from
http://www.epwu.org/ordinance.htni•
(25) San Antonio Water System: "Water Conservation and Reuse Plan," San Antonio,
November 1998 with June 2002 updates.
(26) North Texas Municipal Water District: "District Policy No. 24 Water Conservation
Plan Containing Drought Contingency Plan," adopted August 1999.
(27) GDS Associates, Inc.: "Water Conservation Study," prepared for the Texas Water
Development Board, Fort Worth, 2002.
(28) A & N Technical Services, Inc.: "BMP Costs & Savings Study: A Guide to Data
and Methods for Cost-Effectiveness Analysis of Urban Water Conservation Best
Management Practices," prepared for The California Urban Water Conservation
Council, Santa Monica, California, July 2000.
(29) *City of Dallas: "City of Dallas Ordinances, Chapter 49, Section 21.1," Dallas,
October 1, 2001.
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APPENDIX B
TEXAS COMMISSION ON ENVIRONEMTNAL QUALITY RULES
ON DROUGHT CONTINGENCY PLANS
APPENDIX B
Texas Commission on Environmental Quality Rules on Drought Contingency Plans
Texas Administrative Code
TITLE 30 ENVIRONMENTAL QUALITY
PART 1 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 288 WATER CONSERVATION PLANS, DROUGHT
CONTINGENCY PLANS, GUIDELINES AND
REQUIREMENTS
SUBCHAPTER B DROUGHT CONTINGENCY PLANS
RULE §288.20 Drought Contingency Plans for Municipal Uses by Public
Water Suppliers
(a)A drought contingency plan for a retail public water supplier, where applicable, shall
provide information in response to each of the following.
(1) Minimum requirements. Drought contingency plans shall 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 theservice area of the retail public water supplier
to insure consistency with the appropriate approved regional water plans.
(D) The drought contingency plan shall 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.
(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 the specific water supply or water
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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.).
(G) 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.
(H) The drought contingency plan must include procedures for granting variances
to the plan.
(I) The drought contingency plan must include procedures for the enforcement of
any 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 shall incorporate
such plan into their tariff.
(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 df 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 §288.20 adopted to be effective February 21, 1999,
24 TexReg 949; amended to be effective April 27, 2000, 25 TexReg 3544
c
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(
APPENDIX C
LETTER TO REGION C WATER PLANNING GROUP
�J..
APPENDIX C
Letter to Region C Water Planning Group
December 14, 2005
Mr. Jim Parks
Chair, Region C Water Planning Group
North Texas Municipal Water District
P.O. Box 2408
Wylie, TX 75098
Dear Mr. Parks:
Enclosed please find a copy of the model drought contingency plan for the Town of
Prosper. 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.
Sincerely,
Douglas C. Mousel
Town Administrator
Town of Prosper
i
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AFFIDAVIT OF PUBLICATION
STATE OF TEXAS
COUNTY OF DALLAS
Before me, a Notary Public in and for Dallas County,this day personally appeared Lynda
Black, Legal Advertising Representative for the DALLAS MORNING NEWS being duly
sworn by oath, states the attached advertisement of:
Town of Prosper
as published-in The-Dallas Morning News—Metro Collin County Edition on:
TOWN OF
PROSPER, TEXAS
ORDINANCE NO. 06-01
AN ORDINANCE
OF PROS January 20, 2006
PER, TEXAS, ADOPT-
TIGGENCY GHT- C ,I January 21, 2006
ES-
TABLISHING,CRITERIA
FOR THE •INITIATION
AND TERMINATION OF
DROUGHT RESPONSE
STATES;,'ESTABLISH-
ING RESTRICTIONS ON
CERTA'-I'N WATER
USES; ESTABLISHING
PENALTIES FOR THE
I VIOLATION OF AND >6"
PROVISIONS`FOR`EN-
FORCEMENT-OF '
THESE'RESTRICTIONS;
PROCE-
DURES FOR GRANTING
VARIANCES;: REPEAL-
ING ORDINANCE NOS.
96-23,00-20,01-11,AND 02- T
REPE
ALING(NG SAVINGS (Lynda Black)
AND SEVERABILITY1
CLAUSES; PROVIDING
FOR AN EFFECTIVE
DATE OF THIS ORDI-
NANCE; AND' PROVID-.
ING FOR THE PUBLI-
CATION"'OF THE-CAP-
TION HEREOF.
1_
•
Sworn to and subscribed before me this January 23, 2006,A.D
,r (Lisa Batte ld)
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