Loading...
PART 13 WATER SHORTAGE
SECTION:
12.4.1301: Legislative Findings
12.4.1302: Purpose And Intent
12.4.1303: Definitions
12.4.1304: Waste Of Water Prohibited
12.4.1305: Authorization
12.4.1306: Stage I Shortage (Watch)
12.4.1307: Stage II Shortage (Warning)
12.4.1308: Stage III Shortage (Severe)
12.4.1309: Stage IV Shortage (Critical)
12.4.1310: Duration Of Water Use Restrictions
12.4.1311: Exceptions
12.4.1312: Special Contract Service
12.4.1313: Access To Premises
12.4.1314: Liability
12.4.1315: Violations And Charges
12.4.1316: Dispute Resolution
The City Council does hereby find, determine and declare as follows:
A. Utilities' water supply system has been built over a period of one hundred thirty (130) years, with new increments of supply being added as water demand has grown;
B. Utilities has systematically obtained and developed water rights to supply the community with water for its future needs;
C. Utilities has developed extensive storage, pumping and pipeline systems to convey water from remote areas to the community;
D. The City of Colorado Springs is located in a high desert, semiarid climate where drought conditions periodically occur and where practices to conserve water are necessary at all times and particularly during a drought event;
E. Abnormally high demand, together with drought conditions and/or system constraints, may reduce the water available to Utilities' water supply system to the point of creating a water shortage;
F. Utilities has proactively developed a drought response plan that is a tiered contingency plan to provide for a systematic response by restricting customer water use and moderating water waste to meet the essential needs of the community; and
G. It is necessary to provide Utilities with flexibility to implement measures to restrict water use as deemed appropriate to conserve the water supply of the City of Colorado Springs to protect the health, safety and general welfare of the citizens during periods of potential or observed water shortage. (Ord. 02-59; Ord. 03-41; Ord. 13-10; Ord. 19-99)
It is the purpose and intent of this part to proactively establish procedures for systematically managing water demand through continuous water use efficiency measures and measures designed to temporarily limit water use in response to a system constraint or drought related shortage. The procedures listed in this part are not intended for use as a substitute for developing water supply projects. This part shall be liberally construed to effectuate this purpose and intent. Nothing in this part may be construed to prohibit any person having a direct legal right or owning an appropriated water right from using water in accord with the express terms and conditions of any permit to use or appropriate water issued under authority of the State Engineer or pursuant to any lawful court order or decree. Nothing in this part shall be construed to supersede the tariffs of Utilities. (Ord. 02-59; Ord. 03-41; Ord. 13-10; Ord. 19-99)
Unless the context specifically indicates otherwise, the following terms, as used in this part, shall have the following meanings:
BEST WATER MANAGEMENT PRACTICES: A combination of industry-specific efficiency standards and practices that determine the best use and management of water according to business needs and short-term and long-term water conservation goals.
DRIP IRRIGATION: Low pressure, low volume irrigation applied slowly, near or at ground level to minimize runoff and loss to evaporation, including the use of a bubbler, drip emitter, in-line tubing or soaker hose. Does not include micro-sprays.
HAND WATERING: The use, expenditure, or application of water supplied to a water customer through a hose or container held by a person where the water is used for any exterior purposes or is otherwise expended outside any dwelling, building or structure.
HIGH USE SPORTS FIELD: A playing field where sporting events take place on a regular basis, that is available for use by the public, club, school or professional sports teams, including, but not limited to, fields, sport complexes and stadiums designed for baseball, football, soccer, track and golf, where adequately watered turf grass is necessary to maintain the safety of participants and the public. Practice fields and neighborhood parks are not considered high use sports fields.
HOSE END SPRINKLER: A device used to irrigate that is attached to the end of a hose that can be set in place and periodically moved from one location to another.
IRRIGATE: To apply or to expend water onto land, by sprinkling or other means, except hand watering. This term shall also refer to any act of irrigation.
LANDSCAPE: Any combination of living plants, such as trees, shrubs, vines, ground covers, flowers, vegetables, gardens or turf grass.
NONPOTABLE WATER: Water not meeting State drinking water standards that can include, but not be limited to, water from streams, rivers, lakes, groundwater or reclaimed water.
OBSERVED VIOLATION: A violation of this part that is observed by a designated Utilities' employee.
POND: Artificially constructed outdoor pond used for decorative or aesthetic purposes.
POP UP FIXED SPRAY SPRINKLER: A type of fixed spray sprinkler that pops up from underground and waters a set pattern, usually from five feet to fifteen feet (5' - 15') in range.
POP UP ROTARY TYPE SPRAY SPRINKLER: A type of spray sprinkler that rotates producing a stream of water that is moved back and forth across the area being watered. Pop up rotary type spray sprinklers can be impact or gear driven.
POTABLE WATER: Water suitable or intended for human consumption.
SHORTAGE: A condition that exists when the estimated supplies of water available from Utilities' water system are not projected to meet customer demands within an acceptable safety margin. Shortage conditions may be the result of a prolonged drought, unplanned outages of major delivery systems, or other factors affecting water supply.
SPRAY IRRIGATION: Irrigation utilizing hose end sprinklers, pop up fixed spray sprinklers, and pop up rotary type spray sprinklers.
SPRINKLER SYSTEM: An assembly of component parts that is permanently installed for the controlled distribution and application of water to irrigate of landscape vegetation.
SPRINKLER ZONE: Section of an irrigation system served by a single control valve.
STAGE I SHORTAGE (WATCH): The first level of water shortage response measures intended to reduce water demand placed upon the water supply system.
STAGE II SHORTAGE (WARNING): The second level of water shortage response measures intended to reduce water demand placed upon the water supply system.
STAGE III SHORTAGE (SEVERE): The third level of water shortage response measures intended to re duce water demand placed upon the water supply system.
STAGE IV SHORTAGE (CRITICAL): The fourth level of water shortage response measures intended to reduce water demand placed upon the water supply system.
TURF GRASS: Continuous plant coverage of grasses that, when regularly mowed, form a dense growth of leaf blades and roots.
WATER: Any potable and nonpotable water supplied from the water supply system to any water customer.
WATER ALLOCATION: A site-specific volumetric limit of water to be used for irrigation not to exceed the declared stage or outdoor landscape watering level. Water allocations are designed to give customers flexibility in meeting the water waste prohibition and/or declared water shortage requirements.
WATER CUSTOMER: The person designated on the records maintained by Utilities as the person responsible for payment of charges incurred for the use of the water supply system on public or private premises being served, or any person of lawful age who uses water at the premises served. Water customers include residential users and commercial users are defined in section 12.1.101
.
WATER FEATURE: Any fountain or waterfall used for decorative or aesthetic purposes.
WATER SHORTAGE RESPONSE MEASURES: Measures, such as restrictions on the use of water and short term water conservation measures, implemented to achieve temporary water savings that should not be confused with ongoing water conservation efforts, which are intended to achieve long term savings. Water shortage response measures may be severe and affect different customer classes, businesses, and industries to differing degrees. (Ord. 02-59; Ord. 03-41; Ord. 03-85; Ord. 13-10; Ord. 14-23; Ord. 18-42; Ord. 19-99)
A. No water customer shall at any time allow, permit or cause the waste of water, which includes, but is not limited to:
1. Watering landscaped areas, other than with drip irrigation, between the hours of 10:00 a.m. and 6:00 p.m. during the period from May 1 to October 15.
2. Watering landscaped areas with potable water more than three (3) days per week, with the following exceptions:
c. Watering new plant material on the day of planting;
d. Watering of turf grass that is essential for high use sports fields;
e. Operating and attending to an irrigation system as needed for installation, repair, or reasonable maintenance; and
f. Watering trees, shrubs, and plants (including vegetable and flower gardens) with a drip irrigation system, handheld hose equipped with an active positive shutoff nozzle or handheld container at any time.
3. Using wafer to clean outdoor impervious surfaces such as sidewalks, driveways and patios, except when cleaning with water is necessary for public health or safety reasons or when other cleaning methods are impractical or inappropriate.
4. Applying water intended for irrigation to an impervious surface, such as a street, parking lot, alley, sidewalk or driveway, or any other water use outside, in a way that allows water to pool or flow across the ground or into any drainage way, such as gutters, streets, alleys or storm drains.
5. Washing motor vehicles, trailers, boats and other types of equipment with a hose that lacks an active positive shut-off nozzle.
6. Failing to repair or disable, for a period of more than ten (10) calendar days, leaking or damaged irrigation system components, service lines or other plumbing fixtures.
B. Water Use Efficiency Practices:
1. A Water Wise Landscape is a landscape built and managed using good horticultural principles that combines appropriate vegetation and landscape irrigation techniques to conserve water.
2. Utilities encourages Water Wise Landscapes throughout its water service area.
3. Water customers are encouraged not to water landscapes during high wind or precipitation events. Water customers are further encouraged to install a rain sensor, or equivalent device (e.g., a smart irrigation controller), to prevent watering during precipitation or high wind events.
4. Restaurants, hotels, cafes, cafeterias or other public places where food is sold, served or offered for sale, are encouraged not to serve drinking water unless expressly requested by a patron. (Ord. 02-59; Ord. 03-41; Ord. 19-99)
A. Utilities is authorized to enforce this part.
B. The City Council may declare by resolution a Stage I, Stage II, Stage III or Stage IV shortage when either a hydrologic or emergency shortage exists as defined below. The Chief Executive Officer may also declare a Stage I, Stage II, Stage III or Stage IV shortage on a temporary basis, including the appropriate level of outdoor landscape watering under a Stage II shortage, when an emergency shortage exists as defined below. The Chief Executive Officer's declaration of a Stage I, Stage II, Stage III or Stage IV shortage and/or determination of the appropriate level of outdoor landscape watering during a Stage II shortage, shall automatically be withdrawn unless approved by City Council resolution at the next regular City Council meeting occurring at least twenty (20) days after the date of the Chief Executive Officer's declaration.
1. Hydrologic Shortage: If total system storage is projected to be below 1.5 years of demand in storage on April 1, then an analysis will be conducted by Utilities' staff. The analysis will take into account system demands, water supply indicators such as long-range weather forecasts, snowpack, precipitation, temperature, evaporation, stream flow, soil moisture, projected storage levels, response of other water suppliers, operational constraints, and risk tolerance. If the analysis reveals a substantial risk of shortage, then the results will be reported to the City Council with a recommendation for implementation of water shortage response measures, including declaration of a Stage I, Stage II, Stage III or Stage IV shortage.
2. Emergency Shortage: An emergency shortage exists when emergency conditions such as infrastructure failure, natural disaster, regulatory issue or other factors hinder Utilities' ability to meet customer water demands.
C. The Chief Executive Officer may propose and implement additional water shortage response measures (beyond those contained in this part) or modify existing water shortage response measures as deemed necessary. However, the City Council must formally approve proposed additional or modified water shortage response measures by ordinance prior to such measures taking effect.
D. During a declared shortage, the City Council shall have the authority to approve the implementation of a water shortage tariff as part of an overall program to increase customer awareness of the shortage severity and the importance of saving water. All water shortage tariffs must be set by City Council pursuant to section 12.1.108
of this chapter. (Ord. 02-59; Ord. 03-41; Ord. 13-10; Ord. 19-99)
A Stage I shortage may be declared when the Chief Executive Officer determines that the analysis required by subsection 12.4.1305
B1 of this part or the existence of an emergency shortage indicate that proactive measures should be taken to avoid or reduce the severity of a shortage and potentially avert further restrictions. During a Stage I shortage, Utilities will increase public awareness efforts aimed to increase understanding of the shortage and reduce water demands while encouraging the community to save water wherever possible. During a Stage I shortage, water customers must comply with the restrictions set forth below and the prohibitions set forth in section 12.4.1304
and are asked to curtail water use as is appropriate.
A. In a Stage I shortage, irrigation with nonpotable water shall not exceed four (4) times per week per zone or area. The foregoing shall not apply to the watering of tees and greens at golf courses or under the exceptions outlined in section 12.4.1304
A2. Any water customer following the nonpotable irrigation schedule shall post a notice to that effect. The notice shall be posted on the premises so as to be visible from a public street at all times. A copy of the posted notice will be provided by Utilities.
B. During periods of drought, nonpotable wafer may be more or less abundant than other water supplies. Given the potential differing circumstances, the Chief Executive Officer may implement additional restrictions or other water shortage response measures on the use of water by nonpotable customers on a temporary basis. City Council must approve the additional restrictions or other water shortage response measures in accord with section 12.4.1305
C. (Ord. 02-59; Ord. 03-41; Ord. 13-10; Ord. 14-23; Ord. 19-99)
Loading...