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06-002 - O TOWN OF PROSPER,TEXAS ORDINANCE NO.06-02 AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, ADOPTING A WATER CONSERVATION PLAN FOR THE TOWN OF PROSPER TO PROMOTE RESPONSIBLE USE OF WATER; ESTABLISHING PENALTIES FOR THE VIOLATION OF AND PROVISIONS FOR ENFORCEMENT OF THE WATER CONSERVATION PLAN; ESTABLISHING PROCEDURES FOR GRANTING VARIANCES;AND PROVIDING SAVINGS, REPEALING AND SEVERABILITY CLAUSES PROVIDING FOR AN EFFECTIVE DATE; 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 Conservation Plan; and WHEREAS, the Town has determined an urgent need in the best interest of the public to adopt a Water Conservation Plan; and WHEREAS, pursuant to Chapter 54 of the Local Government Code, the 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") Water Conservation Plan as modified for the Town of Prosper as official Town policy for the conservation of water; 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 conservation plan. 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. Section 2. Plan Adopted. The Town Council hereby approves and adopts the NTMWD Water Conservation 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. 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. CHARLES IS ANGER, M r ATTESTED AND CORRECTLY RECORDED: SHANAE JENNING own Secrets Date(s)of Publication: l)ZV(blo c4— l/2l1Db , The Dallas Morning News—Collin County Edition Water Conservation Plan Town of Prosper EXHIBIT A Town of Prosper Water Conservation Plan TABLE OF CONTENTS 1. INTRODUCTION AND OBJECTIVES 1-1 2. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES 2-1 3. WATER UTILITY PROFILE 3-1 4. SPECIFICATION OF WATER CONSERVATION GOALS 4-1 5. METERING, WATER USE RECORDS, CONTROL OF UNACCOUNTED WATER,AND LEAK DETECTION AND REPAIR 5-1 5.1 Accurate Metering of Treated Water Deliveries from NTMWD 5-1 5.2 Metering of Customer and Public Uses and Meter Testing, Repair, and Replacement 5-1 5.3 Record Management System 5-1 C 5.4 Determination and Control of Unaccounted Water 5-1 5.5 Leak Detection and Repair 5-2 5.6 Monitoring of Effectiveness and Efficiency-Annual Water Conservation Report 5-2 6. CONTINUING PUBLIC EDUCATION AND INFORMATION CAMPAIGN 6-1 7. WATER RATE STRUCTUREie 7-1 8. OTHER WATER CONSERVATION MEASURES 8-1 8.1 NTMWD Reservoir System Operation Plan 8-1 8.2 Reuse and Recycling of Wastewater 8-1 8.3 Ordinances, Plumbing Codes, or Rules on Water-Conserving Fixtures 8-1 8.4 Landscape Water Management Regulations 8-1 8.5 Additional Water Conservation Incentive Programs (Voluntary) 8-1 8.6 Requirement for Water Conservation Plans by Wholesale Customers 8-2 8.7 Coordination with Regional Water Planning Group and NTMWD 8-2 9. IMPLEMENTATION AND ENFORCEMENT OF THE WATER CONSERVATION PLAN 9-1 Water Conservation Plan Town of Prosper APPENDICES APPENDIX A List of References APPENDIX B Texas Commission on Environmental Quality Rules on Municipal Water Conservation Plans • Texas Administrative Code Title 30, Part 1, Chapter 288, Subchapter A, Rule §288.1 —Definitions (Page B-1) • Texas Administrative Code Title 30, Part 1, Chapter 288, Subchapter A, Rule §288.2 — Water Conservation Plans for Municipal Uses by Public Water Suppliers (Page B-4) APPENDIX C Water Utility Profile APPENDIX D Water Conservation Report APPENDIX E Landscape Water Management Regulations ii Water Conservation Plan Town of Prosper �- Water Conservation Plan for the i Town of Prosper December 2005 1. INTRODUCTION AND OBJECTIVES Water supply has always been a key issue in the development of Texas. In recent years,the growing population and economic development of North Central Texas have led to increasing demands for water supplies. At the same time, local and less expensive sources of water supply are largely developed. Additional supplies to meet higher demands will be expensive and difficult to develop. It is therefore important that we make efficient use of our existing supplies and make them last as long as possible. This will delay the need for new supplies,minimize the environmental impacts associated with developing new supplies, and delay the high cost of additional water supply development. Recognizing the need for efficient use of existing water supplies, the Texas Commission on Environmental Quality (TCEQ) has developed guidelines and requirements governing the development of water conservation plans for public water suppliers 1. TCEQ guidelines and requirements are included in Appendix B. The North Texas Municipal Water District (NTMWD) has also developed this water conservation plan for its member cities and �., . customers following TCEQ guidelines and requirements. The objectives of this water conservation plan are as follows: • To reduce water consumption from the levels that would prevail without conservation efforts. ir.. • To reduce the loss and waste of water. • To improve efficiency in the use of water. • To document the level of recycling and reuse in the water supply. • To extend the life of current water supplies by reducing the rate of growth in demand. In order to adopt this plan,NTMWD requires the Town of Prosper to do the following: • Complete the water utility profile(provided in Appendix C). • Set five- and ten-year goals for per capita water use. • Adopt ordinance(s)or regulation(s) approving the plan. 1 Superscripted numbers match references listed in Appendix A. i 1-1 Water Conservation Plan Town of Prosper 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. This plan includes all of the elements required by TCEQ. Some elements of this plan go beyond TCEQ requirements, and member cities and customers can be flexible in their implementation. The following elements are recommended for inclusion in the water conservation plan: ■ Landscape Water Management Plan(Appendix E) • 12%goal for unaccounted water • 1-2 Water Conservation Plan Town of Prosper • 2. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES The TCEQ rules governing development of water conservation plans for public water suppliers are contained in Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.2 of the Texas Administrative Code, which is included in Appendix B. For the purpose of these rules, a water conservation plan is defined as "A strategy or combination of strategies for reducing the volume of water withdrawn from a water supply source, for reducing the loss or waste of water, for maintaining or improving the efficiency in the use of water, for increasing the recycling and reuse of water, and for preventing the pollution of water 1." The elements in the TCEQ water conservation rules covered in this conservation plan are listed below. Minimum Conservation Plan Requirements The minimum requirements in the Texas Administrative Code for Water Conservation Plans for Public Water Suppliers are covered in this report as follows: • 288.2(a)(1)(A)—Utility Profile—Section 3 and Appendix C • 288.2(a)(1)(B)—Specification of Goals—Section 4 • 288.2(a)(1)(C)—Accurate Metering—Sections 5.1 and 5.2 • 288.2(a)(1)(D)—Universal Metering—Section 5.2 • 288.2(a)(1)(E)—Determination and Control of Unaccounted Water—Section 5.4 • 288.2(a)(1)(F)—Public Education and Information Program—Section 6 • 288.2(a)(1)(G)—Non-Promotional Water Rate Structure—Section 7 • 288.2(a)(1)(H)—Reservoir System Operation Plan—Section 8.1 • 288.2(a)(1)(I)—Means of Implementation and Enforcement—Section 9 • 288.2(a)(1)(J)—Coordination with Regional Water Planning Group—Section 8.7 Conservation Additional Requirements (Population over 5,000) The Texas Administrative Code includes additional requirements for water conservation plans for cities with a population over 5,000: • 288.2(a)(2)(A) — Leak Detection, Repair, and Water Loss Accounting — Sections 5.4, 5.5, and 5.6 • 288.2(a)(2)(B)—Record Management System—Section 5.3 • 288.2(a)(2)(C) — Requirement for Water Conservation Plans by Wholesale Customers—Section 8.6 2-1 Water Conservation Plan Town of Prosper l Additional Conservation Strategies TCEQ rules also list additional optional but not required conservation strategies, which may be adopted by suppliers. The following optional strategies are included in this plan: • 288.2(a)(3)(A)—Conservation Oriented Water Rates—Section 7 • 288.2(a)(3)(B) — Ordinances, Plumbing Codes or Rules on Water-Conserving Fixtures—Section 8.3 • 288.2(a)(3)(D)—Reuse and Recycling of Wastewater—Section 8.2 • 288.2(a)(3)(F) — Considerations for Landscape Water Management Regulations — Section 8.4 and Appendix E • 288.2(a)(3)(G)—Monitoring Method—Section 5.6 ii.. 2-2 Water Conservation Plan Town of Prosper ( 3. WATER UTILITY PROFILE Appendix C to this water conservation plan is a water utility profile based on the format recommended by the TCEQ. In adopting this water conservation plan, the Town of Prosper will provide a draft water utility profile to NTMWD for review and comment. A final water utility profile will be provided to NTMWD. Li.. 3-1 Water Conservation Plan Town of Prosper ( 4. SPECIFICATION OF WATER CONSERVATION GOALS Current 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 will develop 5- year and 10-year goals for per capita municipal use, following TCEQ procedures described in the water utility profile (Appendix C). These goals should be submitted to NTMWD in draft form for review. The goals for this water conservation plan include the following: • Keep the per capita municipal water use below the specified amount in gallons per capita per day in a dry year,to be shown on the completed Table C-1 (5-year and 10- year goals). • Keep the level of unaccounted water in the system below 12% annually in 2008 and subsequent years, as discussed in Section 5.4. • Implement and maintain a program of universal metering and meter replacement and repair, as discussed in Section 5.2. • Decrease waste in lawn irrigation by implementation and enforcement of landscape water management regulations, as discussed in Section 8.4. • Raise public awareness of water conservation and encourage responsible public behavior by a public education and information program, as discussed in Section 6. • Develop a system specific strategy to conserve water during peak demands, thereby reducing the peak use. 4-1 Water Conservation Plan Town of Prosper • ( 5. METERING, WATER USE RECORDS, CONTROL OF UNACCOUNTED WATER,AND LEAK DETECTION AND REPAIR One of the key elements in water conservation is careful tracking of water use and control of losses through illegal diversions and leaks. Careful metering of water deliveries and water use, detection and repair of leaks in the distribution system and regular monitoring of unaccounted water are important in controlling losses. 5.1 Accurate Metering of Treated Water Deliveries from NTMWD NTMWD supplies all of the water used by its member cities and customers. Water deliveries are metered by NTMWD using meters with accuracy of±2%. These meters are calibrated on a monthly basis by NTMWD to maintain the required accuracy. 5.2 Metering of Customer and Public Uses and Meter Testing,Repair,and Replacement All customers of member cities and customers, including public and governmental users, should be metered. In many cases, member cities and customers already meter all of their water users. For those member cities and customers who do not currently meter all of their water uses, these entities will implement a program to meter all water uses within the next three years. Most member cities and customers test and replace their customer meters on a regular basis. All customer meters should be replaced on a 15-year cycle. Those who do not currently have a meter testing and replacement program will implement such a program over the next three years. 5.3 Record Management System As required by TAC Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.2(a)(2)(B), the record management system,allows for the separation of water sales and uses into residential, commercial, public/institutional, and industrial categories. This information will be included in an annual water conservation report,as described in Section 5.6 below. For those entities whose record management systems do not currently allow for the separation of water sales as described above, they will move to implement such a system • within the next five years. 5.4 Determination and Control of Unaccounted Water Unaccounted water is the difference between water delivered to member cities and customers- from NTMWD and metered deliveries to customers plus authorized but unmetered uses. (Authorized but unmetered uses would include use for fire fighting, releases for flushing of lines, and uses associated with new construction.) Unaccounted water can include several categories: 5-1 Water Conservation Plan Town of Prosper • Inaccuracies in customer meters. (Customer meters tend to run more slowly as they age and under-report actual use.) • Accounts which are being used but have not yet been added to the billing system. • Losses due to water main breaks and leaks in the water distribution system. • Losses due to illegal connections and theft. (Illegal Water Connections and Theft of Water Ordinance) • Other. Measures to control unaccounted water are part of the routine operations of member cities and customers. Maintenance crews and personnel are asked to look for and report evidence of leaks in the water distribution system. The leak detection and repair program is described in Section 5.5 below. Meter readers are asked to watch for and report signs of illegal connections,so they can be addressed quickly. Unaccounted water is to be calculated in Appendix C. With the measures described in this plan, member cities and customers intend to maintain the unaccounted water below 12% in 2008 and subsequent years. If unaccounted water exceeds this goal, the member city or customer will implement a more intensive audit to determine the source(s) of and reduce the unaccounted water. The annual conservation report described below is the primary tool used to monitor unaccounted water. 5.5 Leak Detection and Repair As described above, city crews and personnel are asked to look for and report evidence of leaks in the water distribution system. Areas of the water distribution system in which numerous leaks and line breaks occur are targeted for replacement as funds are available. 5.6 Monitoring of Effectiveness and Efficiency-Annual Water Conservation Report . Appendix D is a form that will be used in the development of an annual water conservation report for member cities and customers. This form will be completed by March 31 of the following year and will be used to monitor the effectiveness and efficiency of the water conservation program and to plan conservation-related activities for the next year. The form records the water use by category, per capita municipal use, and unaccounted water for the current year and compares them to historical values. The annual water conservation report will also be sent to NTMWD,which will monitor regional water conservation trends. 5-2 Water Conservation Plan Town of Prosper ( 6. CONTINUING PUBLIC EDUCATION AND INFORMATION CAMPAIGN The continuing public education and information campaign on water conservation includes the following elements: • Insert water conservation information with water bills. Inserts will include material developed by member cities' and customers' staff and material obtained from the TWDB,the TCEQ,and other sources. • 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 the NTMWD are available to make presentations on the importance of water conservation and ways to save water. • Make the Texas Smartscape CD, 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 Town of Prosper web site and include links to the Texas Smartscape website and to information on water conservation on the TWDB and TCEQ web sites. As a regional water supplier, the NTMWD has made the "Learning to Be Water Wise" educational materials for 5th grade students available to local school districts. This program contains individual kits and activities to educate students on the importance of water and water conservation activities in the community and in their homes. • 6-1 Water Conservation Plan Town of Prosper 7. WATER RATE STRUCTURE Member cities and customers will adopt, if they have not already done so, an increasing block rate water structure that is intended to encourage water conservation and discourage excessive use and waste of water upon completion of the next rate study or within five years. An example water rate structure is as follows: Residential Rates 1. Monthly minimum charge. This can (but does not have to) include up to 2,000 gallons water use with no additional charge. 2. Base charge per 1,000 gallons up to the approximate average residential use. 3. 2nd tier (from the average to 2 times the approximate average) at 1.25 to 2.0 times the base charge. 4. 3rd tier (above 2 times the approximate average) at 1.25 to 2.0 times the 2nd tier. 5. The residential rate can also include a lower tier for basic household use up to 4,000 gallons per month or so. Commercial/Industrial Rates Commercial/industrial rates should include at least 2 tiers, with rates for the 2nd tier at ( 1.25 to 2.0 times the first tier. Higher water rates for commercial irrigation use are encouraged,but not required. The Town of Prosper's Water Rates are based on the Water Rate Structure Ordinance as it currently exists or may be amended. 7-1 Water Conservation Plan Town of Prosper 8. OTHER WATER CONSERVATION MEASURES 8.1 NTMWD Reservoir System Operation Plan Member cities and customers of NTMWD purchase treated water from NTMWD and do not have surface water supplies for which to implement a reservoir system operation plan. NTMWD's permits do allow some coordinated operation of its reservoirs, and NTMWD is seeking additional water rights for coordinated operation to optimize its available water supplies. 8.2 Reuse and Recycling of Wastewater Most member cities and customers do not own and operate their own wastewater treatment plants. Their wastewater is treated by NTMWD. NTMWD currently has the largest wastewater reuse program in the state. NTMWD has water rights allowing reuse of up to 35,941 acre-feet per year of treated wastewater for municipal purposes, which provides about 13 percent of NTMWD's total water supply. NTMWD is currently seeking a permit that would double its permitted reuse and is also considering additional reuse projects to increase this supply further. NTMWD also makes treated wastewater from its plants available for direct reuse for landscape irrigation and industrial use. For those member cities and customers who do own and operate their own wastewater treatment plants, they will move toward reusing treated effluent for irrigation purposes around their plants over the next three years. These entities will also seek other alternatives for reuse of recycled wastewater. 8.3 Ordinances,Plumbing Codes,or Rules on Water-Conserving Fixtures The State of Texas has required water-conserving fixtures in new construction and renovations since 1992. The state standards call for flows of no more than 2.5 gallons per minute (gpm) for faucets, 3.0 gpm for showerheads, and 1.6 gallons per flush for toilets. Similar standards are now required nationally under federal law. These state and federal standards assure that all new construction and renovations will use water-conserving fixtures. 8.4 Landscape Water Management Regulations Appendix E is a summary of landscape water management regulations adopted as part of this water conservation plan. These regulations are intended to minimize waste in landscape irrigation. 8.5 Additional Water Conservation Incentive Programs (Voluntary) The Town of Prosper will consider adopting additional water conservation programs including but not limited to: • Low-flow toilet replacement and rebate programs, 8-1 Water Conservation Plan Town of Prosper ■ Pressure reduction in the system or for individual customers, • Rebates for rain/freeze sensors, • Low-flow showerhead and sink aerators replacement programs, or ■ Other water conservation incentive programs. 8.6 Requirement for Water Conservation Plans by Wholesale Customers Every contract for the wholesale sale of water by member cities and/or customers that is entered into,renewed, or extended after the adoption of this water conservation and drought contingency plan will include a requirement that the wholesale customer and any wholesale customers of that wholesale customer develop and implement a water conservation plan meeting the requirements of Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.2 of the Texas Administrative Code. The requirement will also extend to each successive wholesale customer in the resale of the water. 8.7 Coordination with Regional Water Planning Group and NTMWD The Town of Prosper will send a copy of their draft ordinance(s) or regulation(s) implementing the plan and their water utility profile to the NTMWD for review and comment. The adopted ordinance(s) or regulation(s) and the adopted water utility profile will also be sent to NTMWD. 8-2 Water Conservation Plan Town of Prosper 9. IMPLEMENTATION AND ENFORCEMENT OF THE WATER CONSERVATION PLAN The Water Conservation Plan Ordinance includes the implementation and enforcement of the plan including designation of responsible officials to implement and enforce the water conservation plan. Appendix E, the landscape water management regulations, also includes information about enforcement. The Town of Prosper is adopting an ordinance related to illegal connections and water theft. r ld_ 9-1 APPENDIX A LIST OF REFERENCES Appendix A i List of References (1) Title 30 of the Texas Administrative Code, Part 1, Chapter 288, Subchapter A, Rules 288.1 and 288.2, and Subchapter B, . Rule 288.20, downloaded from 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, August 2004. (3) Edward Motley, Marisa Vergara, Tom Gooch, and Stephanie Griffin: Memorandum to File on "Region C Municipal Water Use Projections Adopted on August 18, 2003,"Fort Worth,August 21, 2003. The following conservation and drought contingency plans and related documents were reviewed in the development of this plan. References marked with a * were used heavily in the development of this plan. (4) City of Austin Water Conservation Division: "City of Austin Water Drought Contingency Plan, Developed to Meet Senate Bill 1 Regulatory Requirements," Austin, August 1999. (5) City of Austin Water Conservation Division: "City of Austin Water Conservation Plan, Developed to Meet Senate Bill 1 Regulatory Requirements," Austin, August 1999. (6) Upper Trinity Regional Water District: "Water Conservation Plan and Emergency Water Demand Management Plan)?.adopted by the Board of Directors, Lewisville, August 5, 1999. (7) Upper Trinity Regional Water District: "Water Conservation Plan and Emergency Water Demand Management Plan (2002 Amended)," adopted by the Board of Directors, Lewisville, February 2002. (8) *City of Dallas Water Utilities Department: "City of Dallas Water Management Plan," adopted by the City Council, Dallas, September 1999. (9) Updates to City of Dallas Water Management Plan found at http://www.dallascityhall.com in September 2003. (10) *City of Dallas Water Utilities Department: "City of Dallas Water Conservation Plan," adopted by the City Council, Dallas, September 1999. (11) *City of Fort Worth: "Water Conservation plan for the City of Fort Worth," Fort Worth, August 1999. (12) Updates to the City of Fort Worth water conservation plan found at http://ci./fort- c worth.tx.us in September 2003. A-1 (13) *City of Fort Worth: "Emergency Water Management Plan for the City of Fort Worth," Fort Worth, August 19, 2003. (14) HDR Engineering, Inc.: "Water Conservation and Emergency Demand Management Plan," prepared for the Tarrant Regional Water District, Austin, February 2000. (15) Freese and Nichols, Inc.: "Water Conservation and Drought Contingency Plan," prepared for Brown County Water Improvement District No. 1, Fort Worth, August 1999. (16) Freese and Nichols, Inc.: "Water Conservation and Drought Contingency Plan," prepared for the Sabine River Authority of Texas, Fort Worth, September 1994. (17) HDR Engineering, Inc.: "Water Conservation and Emergency Demand Management Plan," prepared for the Tarrant Regional Water District, Austin, June 1998. (18) HDR Engineering, Inc.: "Water Conservation Plan for the City of Corpus Christi," adopted by the City of Corpus Christi City Council,August 24, 1999. (19) City of Houston's water conservation plan downloaded September 2003 from http://www.cityofhouston.gov (20) City of Houston: "Ordinance N. 2001-753, Amending Chapter 47 of the Code of Ordinances Relating to Water Emergencies,"Houston,August 2001. (21) City of Houston: "Ordinance No. 98-764, Relating to Water Conservation," Houston, September 1998. (22) City of Houston: "Water Conservation Plan," 1998. (23) City of Houston: "Water Emergency Response Plan,"Houston, July 15, 1998. (24) City of Lubbock: "Water Conservation Plan," ordinance number 10177 adopted by the City Council in August 1999. • (25) City of El Paso Water Conservation Ordinance downloaded August 14, 2003 from http://www.epwu.org/ordinance.html (26) San Antonio Water System: "Water Conservation and Reuse Plan," San Antonio, November 1998 with June 2002 updates. (27) North Texas Municipal Water District: "District Policy No. 24 Water Conservation Plan Containing Drought Contingency Plan," adopted August 1999. (28) GDS Associates, Inc.: "Water Conservation Study," prepared for the Texas Water Development Board, Fort Worth, 2002. (29) A & N Technical Services, Inc.: "BMP Costs & Savings Study: A Guide to Data and,Methods for Cost-Effectiveness Analysis of Urban Water Conservation Best Management Practices," prepared for The California Urban Water Conservation Council, Santa Monica, California, July 2000. (30) *City of Dallas: "City of Dallas Ordinances, Chapter 49, Section 21.1," Dallas, ( October 1, 2001. A-2 APPENDIX B TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES ON MUNICIPAL WATER CONSERVATION PLANS APPENDIX B Texas Commission on Environmental Quality Rules on Water Conservation Plans Texas Administrative Code TITLE 30 ENVIRONMENTAL QUALITY PART 1 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 288 WATER CONSERVATION PLANS, DROUGHT CONTINGENCY PLANS, GUIDELINES AND REQUIREMENTS SUBCHAPTER A WATER CONSERVATION PLANS RULE §288.1 Definitions The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1)Agricultural or Agriculture--means any of the following activities: (A) cultivating the soil to produce crops for human food, animal feed, or planting seed or for the production of fibers; (B)the practice of floriculture, viticulture, silviculture, and horticulture, including the cultivation of plants in containers or non-soil media by a nursery grower; (C)raising, feeding, or keeping animals for breeding purposes or for the production of food or fiber, leather, pelts, or other tangible products having a commercial value; (D)raising or keeping equine animals; (E)wildlife management; and (F)planting cover crops, including cover crops cultivated for transplantation, or leaving land idle for,the purpose of participating in any governmental program or normal crop or livestock rotation procedure. (2)Agricultural use--Any use or activity involving agriculture, including irrigation. (3) Conservation--Those practices,techniques, and technologies that reduce the consumption of water,reduce the loss or waste of water, improve the efficiency in the use of water, or increase the recycling and reuse of water so that a water supply is made available for future or alternative uses. (4)Drought contingency plan--A strategy or combination of strategies for temporary supply and demand management responses to temporary and potentially recurring water supply shortages and other water supply emergencies. A drought contingency plan may be a separate document identified as such or may be contained within another water management document(s). �,. (5) Industrial use--The use of water in processes designed to convert materials of a lower B-1 order of value into forms having greater usability and commercial value, commercial fish production, and the development of power by means other than hydroelectric, but does not include agricultural use. (6) Irrigation--The agricultural use of water for the irrigation of crops,trees, and pastureland, including, but not limited to, golf courses and parks which do not receive water through a municipal distribution system. (7) Irrigation water use efficiency--The percentage of that amount of irrigation water which is beneficially used by agriculture crops or other vegetation relative to the amount of water diverted from the source(s) of supply. Beneficial uses of water for irrigation purposes include,but are not limited to, evapotranspiration needs for vegetative maintenance and growth, salinity management, and leaching requirements associated with irrigation. (8) Mining use--The use of water for mining processes including hydraulic use, drilling, washing sand and gravel, and oil field repressuring. (9)Municipal per capita water use--The sum total of water diverted into a water supply system for residential, commercial, and public and institutional uses divided by actual population served. (10) Municipal use--The use of potable water within or outside a municipality and its environs whether supplied by a person,privately owned utility,political subdivision, or other entity as well as the use of sewage effluent for certain purposes, including the use of treated water for domestic purposes, fighting fires, sprinkling streets, flushing sewers and drains, watering parks and parkways, and recreational purposes, including public and private swimming pools,the use of potable water in industrial and commercial enterprises supplied by a municipal distribution system without special construction to meet its demands, and for the watering of lawns and family gardens. (11)Nursery grower--A person engaged in the practice of floriculture,viticulture, silviculture, and horticulture, including the cultivation of plants in containers or nonsoil media,who grows more than 50% of the products that the person either sells or leases, regardless of the variety sold, leased, or grown. For the purpose of this definition, grow means the actual cultivation or propagation of the product beyond the mere holding or maintaining of the item prior to sale or lease, and typically includes activities associated with the production or multiplying of stock such as the development of new plants from cuttings, grafts,plugs, or seedlings. (12)Pollution--The alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any water in the state that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or to the public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose. (13) Public Water Supplier--An individual or entity that supplies water to the public for human consumption. ( (14)Regional Water Planning Group--A group established by the Texas Water B-2 Development Board to prepare a regional water plan under Texas Water Code, ( §16.053. (15) Retail Public Water Supplier--An individual or entity that for compensation supplies water to the public for human consumption. The term does not include an individual or entity that supplies water to itself or its employees or tenants when that water is not resold to or used by others. (16) Reuse--The authorized use for one or more beneficial purposes of use of water that remains unconsumed after the water is used for the original purpose of use and before that water is either disposed of or discharged or otherwise allowed to flow into a watercourse, lake, or other body of state-owned water. (17) Water conservation plan--A strategy or combination of strategies for reducing the volume of water withdrawn from a water supply source, for reducing the loss or waste of water, for maintaining or improving the efficiency in the use of water, for increasing the recycling and reuse of water, and for preventing the pollution of water. A water conservation plan may be a separate document identified as such or may be contained within another water management document(s). (18) Wholesale Public Water Supplier--An individual or entity that for compensation supplies water to another for resale to the public for human consumption. The term does not include an individual or entity that supplies water to itself or its employees or tenants as an incident of that employee service or tenancy when that water is not resold to or used by others, or an individual or entity that conveys water to another individual or entity, but does not own the right to the water which is conveyed, whether or not for a delivery fee. Source Note: The provisions of this §288.1 adopted to be effective May 3, 1993, 18 TexReg 2558; amended to be effective F5bruary 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 B-3 Texas Administrative Code TITLE 30 ENVIRONMENTAL QUALITY PART 1 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 288 WATER CONSERVATION PLANS, DROUGHT CONTINGENCY PLANS, GUIDELINES AND REQUIREMENTS SUBCHAPTER A WATER CONSERVATION PLANS RULE §288.2 Water Conservation Plans for Municipal Uses by Public Water Suppliers (a)A water conservation plan for municipal water use by public water suppliers shall provide information, where applicable, in response to the following. (1) Minimum requirements. All water conservation plans for municipal uses by public drinking water suppliers shall include the following elements: (A) a utility profile including, but not limited to, information regarding population and customer data, water use data, water supply system data, and wastewater system data; (B) specification of conservation goals including, but not limited to,municipal per capita water use goals, the basis for the development of such goals, and a time ( frame for achieving the specified goals; (C)metering device(s), within an accuracy of plus or minus 5.0%in order to measure and account for the amount of water diverted from the source of supply; (D) a program for universal metering of both customer and public uses of water, for meter testing and repair, acid for periodic meter replacement; (E) measures to determine and control unaccounted-for uses of water(for example,periodic visual inspections along distribution lines; annual or monthly audit of the water system to determine illegal connections, abandoned services, etc.); (F) a program of continuing public education and information regarding water conservation; (G) a water rate structure which is not "promotional," i.e., a rate structure which is cost-based and which does not encourage the excessive use of water; (H) a reservoir systems operations plan, if applicable,providing for the coordinated operation of reservoirs owned by the applicant within a common watershed or river basin in order to optimize available water supplies; and (I) 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 B-4 (ii) a description of the authority by which the water supplier will implement and enforce the conservation plan; and (J) documentation of coordination with the Regional Water Planning Groups for the service area of the public water supplier in order to insure consistency with the appropriate approved regional water plans. (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 shall include the following elements: (A) a program of leak detection, repair, and water loss accounting for the water transmission, delivery, and distribution system in order to control unaccounted-for uses of water; (B) a record management system to record water pumped, water deliveries, water sales, and water losses which allows for the desegregation of water sales and uses into the following user classes: (i) residential; (ii) commercial; (iii)public and institutional; and (iv) industrial; and ( (C) a requirement in every wholesale water supply contract entered into or renewed after official adoption of the plan(by either ordinance, resolution, or tariff), and including any contract extension, that each successive wholesale customer develop and implement a water conservation plan or water conservation measures using the applicable elements in this chapter; if the customer intends to resell the water,then the contract between the initial supplier and customer must provide that the contract for the resale of the water must have water conservation requirements so that each successive customer in the resale of the water will be required to implement water conservation measures in accordance with applicable provisions of this chapter. (3)Additional conservation strategies. Any combination of the following strategies shall be selected by the water supplier, in addition to the minimum requirements in paragraphs (1) and(2) of this subsection, if they are necessary to achieve the stated water conservation goals of the plan. The commission may require that any of the following strategies be implemented by the water supplier if the commission determines that the strategy is necessary to achieve the goals of the water conservation plan: (A) conservation-oriented water rates and water rate structures such as uniform or increasing block rate schedules, and/or seasonal rates, but not flat rate or decreasing block rates; ( (B) adoption of ordinances,plumbing codes, and/or rules requiring water- B-5 conserving plumbing fixtures to be installed in new structures and existing structures undergoing substantial modification or addition; (C) a program for the replacement or retrofit of water-conserving plumbing fixtures in existing structures; (D) reuse and/or recycling of wastewater and/or greywater; (E) a program for pressure control and/or reduction in the distribution system and/or for customer connections; (F) a program and/or ordinance(s) for landscape water management; (G) a method for monitoring the effectiveness and efficiency of the water conservation plan; and (H) any other water conservation practice, method, or technique which the water supplier shows to be appropriate for achieving the stated goal or goals of the water conservation plan. (b)A water conservation plan prepared in accordance with 31 TAC §363.15 (relating to Required Water Conservation Plan) of the Texas Water Development Board and substantially meeting the requirements of this section and other applicable commission rules may be submitted to meet application requirements pursuant to a memorandum of understanding between the commission and the Texas Water Development Board. Source Note: The provisions of this §288.2 adopted to be effective May 3, 1993, 18 TexReg 2558; amended to be effective February 21, 1999, 24 TexReg 949; amended to be effective April 27, 2000, 25 TexReg 3544 ir.. B-6 APPENDIX C WATER UTILITY PROFILE APPENDIX C Water Utility Profile Based on TCEQ Format The purpose of the Water Utility Profile is to assist an applicant with water conservation plan development and to ensure that important information and data be considered when preparing your water conservation plan and goals. Name of Utility: Town of Prosper Address&Zip: P.O.Box 307,Prosper, Texas 75078 Telephone Number: (972)346-2640 Fax Number: (972)347-2111 Form Completed by: Title: Signature: Date: Name and phone number of person/department responsible for implementing a water conservation program: Name: Doug Mousel,Town Administrator Phone Number: 972-346-2640 ( I. CUSTOMER DATA A. Population and Service Area Data 1. Please attach a copy of your Certificate of Convenience and Necessity(CCN)from the TCEQ, and a service-area map. 2. Service area size(square miles): 26 3. Current population of service area: 4,800 4. Current population served by utility: water: 3628 wastewater: 2555 5.Miles of Water Distribution Pipeline: 65 6. Population served by utility for the previous five years. (Please list by year in ascending order.): Year Population 2000 1,862 2001 2,087 2002 2,370 • 2003 2,657 2004 3,215 C-1 7. Projected population for service area in the following decades: Year Population 2010 10,000 2020 35,000 2030 53,000 2040 65,000 2050 70,000 2060 75,000 8. List source(s)/method(s)for the calculation of current and projected population: Population Projection data from TWDB Regional Population Plan Projection for 2005. B. Active Connections 1. Current number of active connections by user type: Check whether multi-family service is counted as Residential: X Commercial: Current year is: 2005 Treated Water Users Metered Non-Metered Total Residential 1,451 0 1,451 Commercial 81 0 81 Industrial 0 0 0 Public 8 0 8 Other 0 0 0 Total 1,540 0 1,540 2. List the net number of new connections per year for most recent three years: Year 2002 2003 2004 Residential 108 68 223 Commercial 5 8 31 Industrial 0 0 0 Public 0 0 0 Other 0 0 0 Total 113 76 254 C-2 C. High Volume Customers List annual water use for the five highest volume retail and wholesale customers. (Please indicate if treated or raw water delivery.): Use Treated/ Customer (1,000 gal/yr) Raw Water Mooreland Development 22,578 Treated Prosper ISD 7,036 Treated Prosper ISD 3,468 Treated Gentle Creek Irrigation 3,165 Treated Lennar Homes 2,545 Treated II. WATER USE DATA FOR SERVICE AREA A. Water Accounting Data 1. Amount of water use for previous five years(in 1,000 gal): Please indicate: Diverted Water Treated Water X (supplied from NTMWD) Year 2000 2001 2002 2003 2004 January 7,421 5,152 8,066 8,174 6,920 February 8,364 5,480 7,436 5,012 4,037 March 8,218 7521 8,514 10,194 7,375 April 9,991 10,934 11,645 18,959 14,195 May 12,038 11,988 15,119 19,367 21,028 June 9,881 15,747 21,456 18,297 14,811 July 15,568 20,774 22,742 27,634 22,607 August 22,116 19,545 29,219 28,219 19,825 September 36,550 9,739 17,848 17,315 18,553 October 14,253 16,263 12,611 19,256 14,653 November 7,275 12,90Z 8,945 13,128 13,199 December 5,871 9,366 ' 8,698 8,287 13,797 Total 157,546 145,411" 172,299 193,842 171,000 The above figures were taken from Water Well Meter Readings,as well as Master Meter located at a delivery point for water received from NTMWD through a City of Frisco distribution line. 2. Metered amount of water(in 1,000 gallons)delivered(sold)as recorded by the following account types (See#1,Appendix C1)for the past five years.: Year Residential Commercial Industrial Wholesale Other Total Sold 2000 63,546 16,451 0 0 0 79,997 2001 74,341 18,225 0 0 0 92,566 2002' 98,454 23,314 0 0 0 121,768 2003 131,434 36,497 0 0 0 167,931 2004 141,366 28,579 0 0 0 169,945 K • C-3 I 3. List previous five years records for unaccounted-for water use in million gallons (See#2,Appendix C1) Data is calculated in Appendix D. Year Unaccounted Water 2000 2001 2002 2003 2004 NTMWD Deliveries(Frisco) 0 0 0 0 6.222 Other Supplies 0 0 0 0 Total Produced 157,546 145,411 172,298 193,842 171,000 Estimated Fire Use 0 Estimated line flushing 0 Unaccounted Water 77,549 52,845 50,531 25,911 1,055 %Unaccounted 49% 36% 29% 13% 0.62% Goal for%Unaccounted 12.00% 12.00% 12.00% 12.00% 12.00% 4. List previous five years records for annual peak-to-average daily use ratio (See#3,Appendix C1): Average Year MGD Peak MGD Ratio 2000 0.4316 0.9140 2.12 2001 0.3984 0.9344 2.35 2002 0.4721 1.3799 2.92 C 2003 0.5311 1.3218 2.49 2004 0.4685 1.2000 2.56 5. Municipal per capita water use for previous five years(See#4,Appendix C1): Total Diverted Industrial Wholesale In-City Municipal (or Treated) Sales Sales Municipal Use per Capita Year Population (1,000 gal) ' (1,000 gal) (1,000 gal) (1,000 gal) Use(gpcd) 2000 1,862 79,997 0 0 0 118 2001 2,087 92,566 0 0 0 122 2002 2,370 121,767 0 0 0 141 2003 2,657 167,931 0 0 0 173 2004 3,215 169,945 0 0 0 145 Single Multi-Family Residential Residential Family Use Use Use per Capita Year (1,000 gal) (1,000 gal) (1,000 gal) Use(gpcd) 2000 0 0 63,546 94 2001, 0 0 74,341 98 2002 0 0 98,453 114 2003 0 0 131,434 136 2004 0 0 141,366 120 c C-4 6. Seasonal water use for the previous five years(in gallons/person/day) (See#5,Appendix C1) Note: The December value must be entered into#5 Appendix Cl to calculate the base per capita correctly for the first year entry. Portion of Average Annual Use Summer Attributed to Base per Capita per Capita Seasonal Seasonal Use Year Population Use(gpcd) Use(gpcd) Use(gpcd) (GPCD) 2000 1,862 121 284 125 32 2001 2,087 88 298 209 53 2002 2,370 117 344 217 55 2003 2,657 92 310 201 51 2004 3,215 67 198 146 37 Note: Seasonal per capita use is calculated by subtracting the base per capita use from the summer per capita use. B. Projected Water Demands Provide estimates for total water demands for the planning horizon of the utility. Indicate sources of data and how projected water demands were determined. Projected Demand Explanation of the Methodology Used to Year (Ac-Ft) Source of data Develop Projection 2060 20,247 2005 TWDB Regional Water Based on Past and current water usage and 2050 18,897 Plan population estimates by TWDB using 2005 2040 17,547 Regional Water Plan and Population 2030 14,307 Projections. 2020 9,449 2010 2,498 M. WATER SUPPLY SYSTEM A. Water Supply Sources List all current water supply sources and the amounts available with each: Type Source Amount Available(MGD) Surface water NTMWD(thru City of Frisco) 1 MGD Groundwater 6 Water Wells 1.901 MGD Contracts North Texas Municipal Water District N/A Other N/A N/A C-5 B. Treatment and Distribution System 1. Design daily capacity of system: 1.901 MGD from Water Wells,plus 1MGD from City of Frisco. Total of 2.901 MGD 2. Storage capacity: 1.175 MGD Elevated 0.35 MG Ground 0.825 MG 3. If surface water, do you recycle filter backwash to the head of the plant? Yes If Yes,Approximately: MGD No X 4. Please describe the water system. Include the number of treatment plants,wells, and storage tanks. If possible, include a sketch of the system layout. The Town of Prosper currently operates on 6 water wells with an available daily supply of 1.901 million gallons. In addition,Prosper has a contract with the City of Frisco to receive 1MGD(minimum). The Town also has a contract with NTMWD to receive water supply as a customer city once the NTMWD Transmission Line is in place at US 380 and future Independence Parkway. The Town has 7 storage tanks with a total storage capacity of 1.175 MGD,with a ground storage capacity of 825,000 gallons per day and an elevated storage capacity of 350,000 gallons per day. The Town is adding to their ground storage capacity in 2005-2006. The Town does not have a water treatment plant. Water is treated and chlorinated as it is pumped from water wells,prior to entering the distribution system for use. IV. WASTEWATER UTILITY SYSTEM A. Wastewater System Data 1. Design capacity of wastewater treatment plant(s): 0.556 MGD 2. Is treated effluent used for irrigation on-site , off-site ,plant washdown X,or chlorination/dechlorination_? If yes,approximately unknown gallons per month. Could this be substituted for potable water now being used in these areas NO ? 3. Briefly describe the wastewater system(s)of the area services by the water utility. Describe how treated wastewater is disposed of. Where applicable,identify treatment plant(s)with the TCEQ name and number,the operator, owner, and,if wastewater is discharged,the receiving stream. Please provide a sketch or map which located the plant(s)and discharge or disposal sites.: Receiving Treatment Plant Name TCEQ Number Operator Owner Stream Town of Prosper Waste Sherman Town of Water Treatment Plant 10915-001 Brown Prosper Button Branch to Doe Branch to Lewisville Lake,segment no.0823 of the Trinity River Basir, C-6 B. Wastewater Data for Service Area 1. Percent of water service area served by wastewater system: 70 2. Monthly wastewater volume for previous three years(in 1,000 gallons): Year 2004 2003 2002 January 2,399 1,959 773 February 2,508 2,155 1,862 March 2,910 2,137 2,656 April 2,774 1,904 3,186 May 2,6201 2,260 1,829 June 3,3541 2,402 1,963 July 3,023 2,239 2,182 August 3,222 2,340 2,120 September 2,772 2,426 1,960 October 2,689 2,157 2,333 November 3,689 2,480 1,823 December 2,750 1,668 2,279 Total 34,710 26,127 24,966 V. UTILITY OPERATING DATA A. List(or attach)water and wastewater rates, and rate structures for all classes. Rate Schedule Attached. B. Other relevant data: Please indicate other data or information that is relevant to both the applicant's water management operations and design of a water conservation plan. 3r'.. C-7 VI. CONSERVATION GOALS Please use the data provided in this survey to establish conservation goals (additional data may be used). A. Water conservation goals for municipal utilities are generally established to maintain or reduce consumption, as measured in: 1. gallons per capita per day used; 2. unaccounted-for water uses; 3. peak-day to average-day ratio; and/or 4. an increase in reuse of recycling or water. B. TCEQ/TWDB conservation staff assess the reasonableness of water conservation goals based on whether the applicant addresses the following steps: 1. identification of a water or wastewater problem; 2. completion of the utility profile; 3. selection of goals based on the technical potential to save water as identified in the utility profile;and 4. performance of a cost-benefit analysis of conservation strategies. If at least the first three steps have been completed and are summarized in the water conservation plan, then staff can conclude that there is substantiated basis for the goals,and that the water conservation plan ( is integrated into water management. Therefore,the established conservation goals can be deemed reasonable. C. Complete the following in gallons per capita per day(gpcd)to quantify the water conservation goals for the utility's service area: 1. Estimation of the technical potential for reducing per,capita water use(See Appendix C2). • Most Likely Savings Most Likely Savings Method 5-Year(gpcd) 10-Year(gpcd) Reduction in unaccounted-for uses (Appendix C2, Section 4) 0.0 0.0 Reduction in indoor water use due to water- conserving plumbing fixtures(Table C-1) 0.0 0.0 Reduction in seasonal use (Appendix C2, Section 4) 2.2 6.3 Reduction in water use due to public education and rate programs(Appendix C2, Section 4) 2.8 7.0 Total Technical Potential for Reducing per Capita Water Use 5.0 13.3 * Subtract these totals from the dry-year per capita use to calculate the long-run planning goal. ( 2. Planning Goal C-8 The planning goal equals the dry-year per capita water use minus the total technical potentials calculated in number one above. 5-Year 10-Year Planning goal(in gpcd): 139.832003 139.832003 Goal to be achieve by year: 2010 3. Needed reduction in per capita use to meet planning goal(gpcd) 5-Year 10-Year Dry-year per capita use: 145 145 Planning goal(from#2 above): 139.832003 139.832003 Difference between current use and goal: 4.99 4.99000003 (Represents needed reduction in per capita use to meet goal.) • C-9 Exhibit "B" Town of Prosper-Water and Sewer Rates Water Rates (effective October 2005) Sewer (Wastewater) Rates (effective October 2005) Residential Residential Base Rate up to 2,000 gallons $12.20 Base Rate up to 2,000 gallons $13.92 2,001 -15,000 gallons $4.25/1,000 gallons _ Over 2,000 gallons $2.08/1,000 gallons 15,001 -30,000 gallons $5.00/1,000 gallons 30,001 -40,000 gallons $5.75/1,000 gallons $35.97 Maximum Charge 40,001 -80,000 gallons $6.50/1,000 gallons 80,001 - 100,000 gallons $7.25/1,000 gallons Over 100,000 gallons $11.55/1,000 gallons Commercial Commercial Base Rate up to 2,000 gallons $12.58 _ Base Rate up to 2,000 gallons $15.23 2,001 - 15,000 gallons $4.38/1,000 gallons, Over 2,000 gallons $2.50/1,000 gallons 15,001 -30,000 gallons $5.13/1,000 gallons 30,001 -40,000 gallons $5.88/1,000 gallons $59.80 Maximum Charge 40,001 -80,000 gallons $6.63/1,000 gallons 80,001 -100,000 gallons $6.83/1,000 gallons Over 100,000 gallons $6.83/1,000 gallons Outside Town Limits Above rates x 2 _ Outside Town Limits Multiply above rates by 1.5 Transfer Fees $20.00 Service Initiation $65.00 Residential Service Initiation $75 Commercial Late Fees 10%of bill Turn Offs I Reconnects $30.00/$40.00(after hours, weekends and holidays) Meter Accuracy Re-Reads $15.00 C-10 APPENDIX Cl Definitions of Utility Profile Terms 1. Residential sales should include residential sales to residential class customers only. Industrial sales should include manufacturing and other heavy industry. Commercial sales should include all retail businesses, offices, hospitals, etc. Wholesale sales should include water sold to another utility for a resale to the public for human consumption. 2. Unaccounted-for water is the difference between water diverted or treated(as reported in Section IIIA1) and water delivered(sold) as reported in Section IIA2). Unaccounted-for water can result from: 1. inaccurate or incomplete record keeping; 2. meter error; 3. unmetered uses such as firefighting, line flushing, and water for public buildings and water treatment plants; 4. leaks; and 5. water theft and unauthorized use. 3. The peak-day to average day ratio is calculated by dividing the maximum daily pumpage (in million gallons per day)by the average daily pumpage. Average daily pumpage is the total pumpage for the year(as reported in Section IIA1) divided by 365 and expressed in million gallons per day. 4. Municipal per capita use is defined as pal annual municipal water use divided by the population and 365 days. Total municipal water use is calculated by subtracting the industrial sales and wholesale sales from the total water diverted or treated(as reported in Section IIA 1) Total municipal water use=total water diverted or treated- industrial sales-wholesale sales Municipal per capita use (gpcd)=total municipal water use/population/365 Note: The AWWA considers the municipal per capita use as the most representative figure to use in long-range water supply and conservation planning. 5. Seasonal water use is the difference between base(winter) daily per capita use and summer daily per capita use. To calculate the base daily per capita use, average the monthly diversions for December, January, and February, and divide this average by 30. Then divide this figure by the population. To calculate the summer daily per capita use, average the months of June, July, and August, and divide the average by 31. Then divide the summer value by the population. C1-1 APPENDIX C2 Estimating the Technical Potential for Reducing Per Capita Water Use The technical potential for reducing per capita water use is the range in potential water savings that can be achieved by implementing specific water conservation measures. The lower end of the range represents the potential savings under a "most likely," or real-world conservation scenario. The top of the range represents the potential savings under an "advanced" conservation scenario. The conservation measures include: reducing unaccounted-for water uses; reducing indoor water use due to water-conserving plumbing fixtures; reducing seasonal water use; and reducing water use through public education programs. Guidelines and examples for calculating the technical potential water savings for each of these conservation measures are given below. I. Reducing Unaccounted-For Water Uses The TCEQ considers unaccounted-for water uses of 15%or less as acceptable for communities serving more than 5,000 people. Smaller, older systems or systems that have a larger service area may legitimately experience larger losses. Losses above 15%may be an area of concern, and provide a conservation potential. The bottom of the range for technical potential savings for unaccounted-for uses is zero. To calculate the top of the range, see the following example: Example: Unaccounted-for uses= 19.50% (App C,II.A.3) Dry-year per capita water use= 20 gpcd (App C,II.A.5) Potential for reduction in unaccounted-for use = (250 gpcd x 19.5%)- (250 gpcd x 15%) = 48.75 gpcd- 37.5 gpcd = 11.25 gpcd Technical Potential Savings Range=0 to 11.25 gpcd Computation for: 2000-2004 Unaccounted-for uses= 0.62% (App C,II.A.3) Dry-year per capita water use= 145 gpcd (App C,II.A.5) Potential for reduction in unaccounted-for use 0 Technical Potential Savings Range=0 to 0 gpcd C2-1 II, Reducing Indoor Water Use due to Water-Conserving Plumbing Fixtures The Texas Water Development Board(TWDB)recently completed a water conservation study that estimated that the average savings of replacing higher water-use fixtures with more efficient fixtures mandated by state and federal laws would be 16 gallons per person per day(10.5 gpcd for toilets and 5.5 gpcd for showerheads). The TWDB used 1995 as their benchmark for determining the potential average per- capita water savings of an entity. The 1995 population was assumed to have less-efficient water fixtures. No additional water savings can be expected in the basis of fixture replacement for the population growth after 1995. By 1995,retailers were assumed to have sold off their remaining stock of high water use plumbing fixtures. The annual rate of replacement was estimated to be 2%of the 1995 population. The TWDB estimated the water savings due to low-flow plumbing fixture replacements as follows: PCS2000=(((POP1995 x 10%)+G1995-00)/POP2000)x 16 gpcd where: GPCD2000 Per person,per day in the Year 2000 (gpcd) G1995-00 Population growth between 1995 and 2000 The entity's average gpcd savings due to plumbing code changes(fixture PCS2000 replacement)between 1995 and 2000 The entity's average gpcd savings in 2010 due to plumbing code changes PCS2010 (fixture replacement) in the previous 10 years (/ POP1995 July 1995 population estimate POP2000 Census 2000 population(cities)or Year 2000 population estimate POP2010- POP2060 Population projections for the entity in the decades 2010 through 2060 The additional savings by decade can be calculated as follows: PCS2010= [((POP1995 x 30%)+(POP2010-POP1995))/POP2010 x 16 gpcd] -PCS2000 GPCD2010=GPCD2000-PCS2010 Notes: The 30%represents 2%x the number of years (2010-1995). These formulas work through 2040. By 2050, all of the fixture replacements would have taken place and no additional savings would occur. The TWDB reductions are included in Table C-1. C2-2 III. Reducing Seasonal Water Use The Texas Water development Board(TWDB)has calculated seasonal use as a percentage of average annual per capita use for East Texas(20%), West Texas (25%), and a statewide average of 22.5%. Seasonal water use is calculated by multiplying the average annual per capita use in gpcd by the appropriate percentage. Based on the TWDB methodology,the technical potential for reduction in seasonal use is then calculated by multiplying the seasonal use by 7% for the "most likely" conservation scenario, and by 20% for the "advanced" scenario. Below is an example calculation: Example: Average annual per capita use= 185 gpcd Geographical location= West Texas Seasonal use= (185 gpcd x 25%)= 46.25 gpcd Potential reduction in seasonal use(Most Likely scenario)_ (46.25 x 7%)= 3.24 gpcd Potential reduction in seasonal use(Advanced scenario)=(46.25 x 20%)= 9.25 gpcd Technical Potential Savings Range=3.24 to 9.25 gpcd Computation for: 2000-2004 Average annual per capita use= 140 gpcd Geographical location= North Texas Seasonal use= 31.41 gpcd Potential reduction in seasonal use(Most Likely scenario)= 2.20 gpcd Potential reduction in seasonal use(Advanced scenario)= 6.28 gpcd Technical Potential Savings Range=2.2 to 6.28 gpcd IV. Reducing Water Use through Public Education and Water Rates Programs The technical potential for water conservation from public education and wate rates programs is estimated to be from 2% of the average annual per capita uffe for the "most likely" conservation scenario to 5%for the "advanced"scenario, according to the "Water Conservation Guidebook,"published in 1993 by the American Water Works Association. Belqw is an example calculation: Example: Average annual per capita use= 185 gpcd Potential reduction in water use(Most Likely scenario)=(185 x 2%)= 3.70 gpcd Potential reduction in water use(Advanced scenario)=(185 x 5%)= 9.25 gpcd Technical Potential Savings Range=3.7 to 9.25 gpcd Computation for: 2000-2004 Average annual per capita use= 139.59 gpcd Potential reduction in water use(Most Likely scenario)=(185 x 2%)= 2.79 gpcd Potential reduction in water use(Advanced scenario)=(185 x 5%)= 6.98 gpcd Technical Potential Savings Range=2.79 to 6.98 gpcd C2-3 To calculate the total technical potential for reducing municipal per capita water use,simply add the individual technical potential amounts calculated in items I-IV above. In this case thdotal technical potential range equals 6.94 aped to 29.75 aped Example Summary of Technical Potential Calculations Conservation Measure Calculation Procedure Example Result (Dry year demand)x(Unacc.-for Reducing unaccounted-for uses percentage if more than 15%,minus 15%) 0 to 11.25 gpcd Reducing indoor water use due to Included in Table water-efficient plumbing fixtures Reduction expected according to TWDB C-1 separately. Seasonal use(Avg.use x 22.5%)x 7%and Reducing seasonal water use 20% 3.24 to 9.25 gpcd Reducing water use through public education and water rates programs Average use x 2% and 5% 3.7 to 9.25 gpcd Total Technical Potential Savings 6.94 to 29.75 gpcd Summary of Technical Potential Calculations for 2000-2004 Conservation Measure Calculation Procedure Result (Dry year demand)x(Unacc.-for Reducing unaccounted-for uses percentage if more than 15%,minus 15%) 0 to 0 Reducing indoor water use due to Included in Table water-efficient plumbing fixtures Reduction expected according to TWDB C-1 separately. (. Seasonal use(Avg. use x 22.5%)x 7% and Reducing seasonal water use 20% 2.2 to 6.28 Reducing water use through public education and water rates programs Average use x 2%and 5% 2.79 to 6.98 Total Technical Potential Savings 14.99 to 30.26 To calculate the long-run planning goal, subtract these totals from thairy-year water demand Example: Long-run planning goal=(dry year water demand with low-flow fixtures)minus(total technical potential) =250 gpcd- 6.94 gpcd=243 gpcd("most likely" scenario) =250 gpcd-29.75 gpcd=220 gpcd("advanced" scenario) Long-run planning goal for municipal water use=243 gpcd to 220 gpcd Computation for: 2000-2004 Long-run planning goal=(dry year water demand with low-flow fixtures)minus(total technical potential) 5-year: 115 ("most likely" scenario) 10-year: 115 ("most likely" scenario) 130 ("advanced" scenario) 130 ("advanced" scenario) C2-4 APPENDIX D WATER CONSERVATION REPORT APPENDIX D NTMWD MEMBER CITY AND CUSTOMER WATER CONSERVATION REPORT Due:March 31 of every year Entity Reporting: Filled Out By: Date Completed: Year Covered: #of Connections Recorded Deliveries and Sales by Month(in Million Gallons): Deliveries Other Sales by Category Month from Public/ NTMWD Supplies Residential Commercial Industrial Wholesale Other Total Institutional January February March April May June July August September October November December TOTAL • Unaccounted Water(Million Gallons): NTMWD Deliveries from Table above Other Supplies from Table above Total Supplies from Table above Total Sales from Table above Estimated Fire Use estimated from best available data Estimated Line Flushing Use estimated from best available data Unaccounted Water %Unaccounted Goal for%Unaccounted 12.00% D-1 Per Capita Municipal Use(Gallons per person per day) Municipal Use(MG) from Table above(NTMWD deliveries+other supplies-industrial sales-municipal sales-other sales) Estimated Population please describe source of population estimate Per Capita Use(gpcd) 5-year Per Capita Goal( ) 10-year Per Capita Goal( ) Recorded Wholesale Sales by Month(in Million Gallons): Month Sales to Sales to Sales to Sales to Sales to Sales to Sales to Total Wholesale Sales January February March April May June July - — August September October November December TOTAL Information on Wholesale Customers: Estimated Customer Population D-2 Unusual Circumstances(use additional sheets if necessary): Progress in Implementation of Conservation Plan(use additional sheets if necessary): Conservation measures planned for next year(use additional sheets if necessary): D-3 Assistance requested from North Texas Municipal Water District(use additional sheets if necessary): Other(use additional sheets if necessary): D-4 Historical Water Use Data for Estimated Deliveries Other Metered Sales by Category Year Connections Population from Supplies Residential Commercial Public/ Industrial Wholesale Other Total NT3I13/D Institutiona 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 D-5 Historical Per Capita Use Data and Unaccounted Water for Estimated In-City Per Capita Deliveries Other Total Estimated Estimated Unaccounted Year Municipal Municipal from Metered Line Population Use Use NTMWD Supplies Sales Fire Use Flushing Water Unaccounted 1990 1991 1992 1993 1994 - 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Note: In-city municipal use=total water supplied less sales to industry and wholesale sales. D-6 Estimated Population 1990 1991 1992 1993 1994 1995 1996 1997 1 1998 ar I:0 1999 ►6t 2000 �. b 2001 "O C E 2002 _ C 2003 2004 2005 2006 2007 2008 2009 2010 Historical Water Use 1 0.9 a 0.8 es -. 0.7 0.6 CI Other •0 Supplies 0.5 ■NTMWD Supplies 0.4 c 0.3 • x 0.2 0.1 O M h 00 01 O N M 00 01 O 01 01 01 01 01 01 01 01 01 01 O O O O O O O O O O .-- 01 01 01 01 01 01 01 01 01 01 O O O O O O O O O O O N N N N N N N N N N Year D-8 Historical Water Sales by Classification 1 0.9 0.8 p •■Other Sales g 0.6 ®Wholesale Sales .5 0 Industrial Sales 0.5 vs , 0 Public/Institutional 1-4 0.4 Sales 0 Commercial Sales .5.4 0.3 ■Residential Sales 0.2 0.1 0 I I I I I I I I I I I I I I I I M S co 01 d- 5 00 a1 O a1 01 01 01 01 01 01 01 a1 01 O O O O O O O O O O .--� CA 01 01 \ CA 01 01 01 01 01 N N N N N ON N N N N N Year D-9 Historical Per Capita Municipal Use 1.2 1 U a 0.8 a 'a 0.6 ccit 0.4 0.2 0 N Cr) 'I' Vl VD S 00 01 O '- N cn Sooa1 O 01 01 01 01 01 D1 01 01 01 01 O O O O O O O O O O 01 a1 01 01 01 01 01 01 01 01 O O O 0 0 O O O O O O .--- N N N N N N N N N N N Year D-10 \ Historical Percent Unaccounted Water 120.00% 100.00% as g 80.00% 0 CD 60.00% 0 N t 40.00% a 20.00% 0.000/0 1 I I I I I I I I I I I I I I I I I I I I M yr o s 00 01 O N M V) \p 00 01 01 01 01 01 01 01 01 01 01 O O O O CD O O O O 01 01 01 01 01 01 01 01 01 01 O O O O O O O O O O O '-I 1--I r-I .-a T--I 1-1 .--I .-I N N N N N N N N N N N Year D-11 ( APPENDIX E LANDSCAPE WATER MANAGEMENT REGULATIONS APPENDIX E Considerations for Landscape Water Management Regulations A. Purpose The purpose of these landscape water management regulations is to provide a consistent mechanism for preventing the waste of water resources. B. Lawn and Landscape Irrigation Restrictions • 1. A person commits an offense if the person irrigates, waters, or knowingly or recklessly causes or allows the irrigation or watering of any lawn or landscape located on any property owned, leased, or managed by the person between the hours of 5:00 a.m. and 8:00 a.m. and between 10:00 a.m. and 6:00 p.m. from June 1 through September 30 of any year. Systems on well water, reuse or reclaimed water may be exempt from these restrictions. 2. A person commits an offense if the person knowingly or recklessly irrigates, waters, or causes or allows the irrigation or watering of lawn or landscape located on any property owned, leased, or managed by that person in such a manner that causes: a. over-watering lawn or landscape, such that a constant stream of water overflows from the lawn or landscape onto a street or other drainage area; or b. irrigating lawn or landscape during any form of precipitation. This restriction applies,to all forms of irrigation, including automatic sprinkler systems;ipr c. irrigating lawn or.landscape when the temperature reaches 40 degrees Fahrenheit or below. This restriction applies to all forms of irrigation, including automatic sprinkler systems; or d. the irrigation of impervious surfaces or other non-irrigated areas, wind driven water drift taken into consideration. 3. A person commits an offense if the person knowingly or recklessly operates a lawn or irrigation system or device on property that the person owns, leases, or manages that: a. has broken or missing sprinkler head(s); or b. has not been properly maintained to prevent the waste of water. C. Rain and Freeze Sensors ( 1. Any new irrigation system installed on or after June 1, 2005, must be equipped with rain and freeze sensing devices in compliance with state E-1 design and installation regulations. Existing irrigation systems must be • retrofitted with similar rain and freeze sensors within 5 years. 2. A person commits an offense on property owned, leased or managed if the person: a. knowingly or recklessly installs or allows the installation of new irrigation systems in violation of Subsection C.1; or b. knowingly or recklessly operates or allows the operation of an irrigation system that does not comply with Subsection C.1; or c. fails to repair or replace a broken or missing rain/freeze sensor within 30 days. D. Pressure Regulating Devices 1. Any new irrigation system installed on or after June 1, 2005, must be equipped with one or any combination of the following devices; a. each zone must be equipped with a pressure regulating valve; or b. the entire system must utilize pressure regulating nozzles; or c. the entire system must utilize pressure regulating spray heads and/or rotors. ( All devices must be in compliance with the state design and installation regulations. E. Modifications 1. In special cases, modifications to the requirements of this Appendix E may be granted by the Town Administrator or his/her designee, to persons demonstrating extreme hardship or need. Modifications 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. E-2 2. An approved modification will be revoked by the Town Administrator, or his/her designee,upon a finding that: a. the applicant can no longer demonstrate extreme hardship or need; or b. the terms of the compliance agreement are violated; or c. the health, safety, or welfare of the public or other persons requires revocation. • • E-3 • 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: PROSPER TEXAS January 20, 2006 ORDINANCE,NO.•06-02 AN ORDINANCE OF January21, 2006 ' THE TOWN OF PROS- PER, TEXAS, ADOPT- VATIONTPLANNFOR THE TOWN OF PROS- PER TO WATER; ESTABLISH- ING PENALTIES FOR ,THE VIOLATION OF AND PROVISIONS FOR ENFORCEMENT OF THE WATER CONSER- VATION PLAN; ESTAB- ,LISHING PROCEDURES FOR GRANTING VARI- ANCES; AND PROVID- ING SAVINGS,REPEAL- / / HNG AND SEVERABILI- 1. IN CLAUSES EFFEC- (Lynda Black) PROVID- ING FOR AN EFFEC- TINE DATE; AND PRO- VIDING FOR-THE-PUB- LICATION OF THE CAP- TION HEREOF. • Sworn to and subscribed before me this -January 23, 2006, A.D OP • / (Lisa Batt field)