In the event that a triggering condition for Stage IV or Stage V conditions exists and the water shortage conditions threaten public health, safety and welfare, the city is hereby authorized to ration water according to the following water allocation plan:
(1) Retail customers/public; priority. The city will have the authority to stop industrial and commercial water uses so that remaining water is available for essential health- and safety-related uses. The priority list for water use during a severe drought will be the following:
a. Priority 1. Hospitals.
b. Priority 2. Residential.
c. Priority 3. Schools.
d. Priority 4. Fire protection.
e. Priority 5. Industrial.
f. Priority 6. Commercial.
g. Priority 7. Recreation/aesthetics.
(2) Pro rata water allocation for wholesale customers. The city will include in contracts references to pro rata water allocation as per Texas Water Code 11.039. In the event that the triggering criteria specified in this DCP for Stage IV—Critical Water Use Restriction have been met, the city manager or his designee is hereby authorized to initiate allocation of water supplies on a pro rata basis in accordance with Texas Water Code § 11.039 and according to the following water allocation policies and procedures:
a. A wholesale customer's monthly allocation shall be a percentage of the customer's water usage baseline. The percentage will be set by resolution of the city based on the city manager's, or his designee's, assessment of the severity of the water shortage condition and the need to curtail water diversions and/or deliveries to each wholesale customer shall be limited to the allocation established for each month.
b. A monthly water usage allocation shall be established by the city manager, or his designee, for each wholesale customer. The wholesale customer's water usage baseline will be computed on the average water usage by month for the 2018—2022 periods as shown in the example given below. If the wholesale water customer's billing history is less than five years, the monthly average for the period for which there is a record shall be used for any monthly period for which no billing history exists.
2018 | 2019 | 2020 | 2021 | 2022 | Sum | Ave | Allocation | Monthly Allocation |
2018 | 2019 | 2020 | 2021 | 2022 | Sum | Ave | Allocation | Monthly Allocation | |
Jan | 133 | 137 | 146 | 148 | 156 | 719 | 144 | 75% | 108 |
Feb | 115 | 122 | 133 | 133 | 147 | 650 | 130 | 75% | 98 |
March | 130 | 150 | 146 | 149 | 159 | 734 | 147 | 75% | 110 |
April | 130 | 167 | 168 | 157 | 187 | 808 | 162 | 75% | 122 |
May | 160 | 152 | 179 | 183 | 171 | 845 | 169 | 75% | 127 |
June | 226 | 184 | 172 | 205 | 249 | 1,035 | 207 | 75% | 155 |
July | 235 | 274 | 232 | 914 | 246 | 1,301 | 260 | 75% | 195 |
Aug | 222 | 203 | 206 | 337 | 309 | 1,277 | 255 | 75% | 191 |
Sept | 199 | 160 | 196 | 229 | 198 | 982 | 196 | 75% | 147 |
Oct | 165 | 172 | 197 | 165 | 185 | 884 | 177 | 75% | 133 |
Nov | 139 | 142 | 149 | 153 | 162 | 745 | 149 | 75% | 112 |
Dec | 142 | 143 | 150 | 156 | 165 | 755 | 151 | 75% | 113 |
Total | 1,995 | 2,006 | 2,072 | 2,330 | 2,333 | 10,735 | 2,147 | ||
c. The city manager or his designee shall provide notice, by certified mail, to each wholesale customer informing them of their monthly water usage allocations and shall notify the news media and the executive director of the state natural resource conservation commission upon initiation of pro rata water allocation.
d. Upon request of the customer or at the initiative of the city manager, or his designee, the allocation may be reduced or increased if:
1. The designated period does not accurately reflect the wholesale customer's normal water usage;
2. The customer agrees to transfer part of its allocation to another wholesale customer; or
3. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. A customer may appeal an allocation established hereunder to the city council.
(Prior Code, § 16B-14; Ord. of 4-12-2011; Ord. of 7-18-2011; Ord. No. 020-2024, § 2(Exh. A), 5-14-2024)