12.4.1304: WASTE OF WATER PROHIBITED:

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)

12.4.1302: PURPOSE AND INTENT:

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)

12.4.1303: DEFINITIONS:

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)

12.4.1304: WASTE OF WATER PROHIBITED:

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:

a. Watering under an establishment permit in accord with section 12.4.1311 (D);

b. Watering under a water allocation plan in accord with section 12.4.1311 (B);

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)

12.4.1305: AUTHORIZATION:

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)

12.4.1306: STAGE I SHORTAGE (WATCH):

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)

12.4.1307: STAGE II SHORTAGE (WARNING):

A Stage II 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 indicates that the Stage I response is insufficient to reduce demands to a level in proportion to the severity of the shortage. In addition to the Stage I requirements set forth above, the following restrictions on the use of water by water customers and water conservation measures shall be in effect and required during a Stage II shortage:

A. Outdoor Potable Landscape Watering:

1. Outdoor landscape watering shall only be allowed in accord with this section. The Chief Executive Officer will determine the appropriate level of outdoor landscape watering based on several criteria, including, but not limited to, the severity of the shortage and the need to reduce demand on the water system. However, the City Council must approve the Chief Executive Officer’s determination of the applicable level of outdoor landscape watering by resolution in accord with section 12.4.1305 (B).

Level A:

Outdoor landscape watering shall only be allowed two (2) days per week on designated days as follows: a) residential users with even numbered addresses may only irrigate on Sunday and Wednesday; b) residential users with odd numbered addresses may only irrigate on Tuesday and Saturday; and c) commercial users may only irrigate on Monday and Thursday.

Level B:

Outdoor landscape watering shall only be allowed one day per week on designated days as follows: a) residential users with even numbered addresses may only irrigate on Sunday; b) residential users with odd numbered addresses may only irrigate on Saturday; and c) commercial users may only irrigate on Monday.

2. Outdoor landscape watering shall not exceed: twenty (20) minutes per sprinkler zone or area for pop up fixed spray sprinklers and forty five (45) minutes per zone or area for impact or gear driven rotor sprinklers, and sixty (60) minutes per zone or area for pop up spray sprinklers with rotary type nozzles on each watering day. Outdoor landscape watering with hose end sprinklers shall not exceed three (3) hours each watering day.

3. If there is no street address associated with the premises, such as a parkway or median (private or public), the outdoor landscape watering schedule for commercial users shall be followed.

B. In a Stage II shortage, irrigation with nonpotable water shall not exceed three (3) times per week per zone or area during Level A; and two (2) times per week per zone or area during Level B. 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.

C. Motor vehicles, trailers, boats and other types of equipment shall be washed only with a handheld hose equipped with an active positive shutoff nozzle. It is more efficient to wash motor vehicles, trailers, boats and other types of equipment at a commercial car wash which treats and recycles wash water. Each commercial car wash must develop, maintain on site and comply with a best water management practices plan that demonstrates efficient use of water. This plan must be available for review and approval upon request by Utilities at all reasonable times. Utilities may require periodic reporting to demonstrate optimal use of water.

D. The use of water in all public and private water features and ponds is prohibited except those using recirculating water.

E. No restaurant, hotel, cafe, cafeteria or other public place where food is sold, served or offered for sale, shall serve drinking water unless expressly requested by a patron.

F. Temporary water service permits shall be limited to approved uses established by Utilities and shall be subject to all applicable laws, ordinances, codes, rules and regulations related to temporary water service. Utilities will maintain a list of the then current approved uses.

G. Plants for commercial sale may be watered under a best water management practices plan in lieu of compliance with restrictions contained in subsections A and B of this section. The commercial user must develop, maintain on site and comply with a best water management practices plan that demonstrates optimal use of water. This plan must be available for review and approval upon request by Utilities at all reasonable times. Utilities may require periodic reporting to demonstrate optimal use of water.

H. Any commercial user operating a golf course may irrigate under a best water management practices plan in lieu of compliance with restrictions contained in subsections A and B of this section, and subsection 12.4.131 A and 12.4.1311 B of this part. The commercial user must develop, maintain on site and comply with a best water management practices plan that demonstrates efficient use of water. This plan must be available for review and approval upon request by Utilities at all reasonable times. Utilities may require periodic reporting to demonstrate efficient use of water. (Ord. 02-59; Ord. 03-41; Ord. 03-85; Ord. 05-46; Ord. 05-49; Ord. 13-10; Ord. 14-23; Ord. 19-99)

12.4.1308: STAGE III SHORTAGE (SEVERE):

A Stage III 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 the Stage II response is insufficient to reduce demands to a level in proportion to the severity of the shortage. In addition to the Stage II restrictions and water conservation measures set forth above, the following restrictions on the use of water by water customers shall be in effect and required during a Stage III shortage, except that in the event of a conflict the following restrictions shall prevail:

A. Irrigation of turf grass and all other plant material other than trees and shrubs is prohibited. Existing trees and shrubs may be watered one day per week by means of a handheld hose equipped with an active positive shutoff nozzle or low volume drip irrigation on assigned day as follows: 1) residential users with even numbered addresses may only irrigate on Sunday; 2) residential users with odd numbered addresses may only irrigate on Saturday; and 3) commercial users may only irrigate on Monday.

B. A water customer that owns or operates a high use sports field may apply for an exemption from the turf grass irrigation prohibition. The Chief Executive Officer or designee may approve the use of a water allocation plan for high use sports fields which will establish a maximum allowable amount of water, within which the irrigators will be permitted flexibility to choose how to irrigate without exceeding the allocation. In addition to the penalties described in section 12.4.1315 of this part, violation of any term or condition of an exemption may result in immediate rescission of the exemption.

C. Indoor industrial and commercial water use shall be reduced by an amount, to be determined by Utilities, in relationship to the severity of the shortage.

D. The use of water for cooling or air conditioning spaces for the purpose of personal comfort shall be restricted to that amount of water necessary to maintain a minimum air temperature of seventy eight degrees Fahrenheit (78°F), and all thermostats controlling the use of water for cooling within a building or structure shall be set at seventy eight degrees Fahrenheit (78°F) or higher.

E. Any commercial water park must operate under a best water management practices plan. Each such user must develop, maintain on site and comply with a best water management practices plan that demonstrates efficient use of water. This plan must be available for review and approval upon request by Utilities at all reasonable times. Utilities may require periodic reporting to demonstrate efficient use of water.

F. Washing of motor vehicles, trailers, boats and other types of equipment shall be prohibited, except that washing may be done by a certified commercial car wash which treats and recycles wash water.

G. Vehicles contained in commercial operation or fleets may be washed no more than once per month, unless public safety requires more frequent washing. Fleet vehicles may only be washed at a commercial car wash which treats and recycles wash water.

H. The use of water in all public and private water features shall be prohibited.

I. Filling or refilling any pond shall be prohibited.

J. Power washing shall only be used for protection of public health, safety or welfare. (Ord. 02-59; Ord. 03-41; Ord. 13-10; Ord. 19-99)

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