(a) Purpose and scope. The purpose of this section is to establish the city’s policy in the event of shortages or delivery limitations in the city’s water supply. This section applies to:
(1) all persons and premises within the city using water from the water system;
(2) all retail customers who live in unincorporated areas within the city’s extraterritorial jurisdiction and are served by the water system; and
(3) all wholesale service customers outside the city to the extent provided in Subsection (i).
(b) Emergency water management plan. The director shall promulgate and submit an emergency water management plan to the city council for approval, the guidelines of which should include:
(1) the conditions under which a particular stage of emergency will be implemented or terminated; and
(2) provisions defining specific events that will trigger an emergency.
(c) Authority. The city manager is authorized to implement measures prescribed when required by this section and by the emergency water management plan approved by the city council. The director is authorized to enforce the measures implemented and to promulgate regulations, not in conflict with this section or state and federal laws, in aid of enforcement.
(d) Implementation of emergency order. The director, upon determination that the conditions of a water emergency exist, shall advise the city manager. The city manager may order that the appropriate stage of emergency response, as detailed in the emergency water management plan, be implemented. To be effective, the order must be:
(1) made by public announcement; and
(2) published in a newspaper of general circulation in the city within 24 hours after the public announcement, which order becomes immediately effective upon publication.
(e) Duration of order; change; extension. The order can be made effective for up to, but not more than, 60 days from the date of publication. Upon recommendation of the director, the city manager may upgrade or downgrade the stage of emergency when the conditions triggering that stage occur. Any change in the order must be made in the same manner prescribed in Subsection (d) for implementing an emergency order. The city council may, upon the recommendation of the city manager and the director, extend the duration of the emergency order for additional time periods, not to exceed 120 days each. The city manager shall terminate the order in the manner prescribed in Subsection (d) for implementing an emergency order when the director determines that the conditions creating the emergency no longer exist.
(f) Violation of section. A person commits an offense if he knowingly makes, causes or permits a use of water contrary to the measures implemented by the city manager as prescribed in the emergency water management plan. For purposes of this subsection, it is presumed that a person has knowingly made, caused or permitted a use of water contrary to the measures implemented if the mandatory measures have been formally ordered consistent with the terms of Subsection (d) and:
(1) the manner of use has been prohibited by the emergency water management plan;
(2) the amount of water used exceeds that allowed by the emergency water management plan; or
(3) the manner or amount used violates the terms and conditions of a compliance agreement made pursuant to a variance granted by the director under Subsection (g).
(g) Variances. During the times the emergency order is operative, the director may grant variances in special cases to persons demonstrating extreme hardship and need. The director may grant variances only under the following circumstances and conditions:
(1) the applicant must sign a compliance agreement on forms provided by the director, and approved by the city attorney, agreeing to use the water only in the amount and manner permitted by the variance;
(2) granting of a variance must not cause an immediate significant reduction in the city’s water supply;
(3) the extreme hardship or need requiring the variance must relate to the health, safety or welfare of the person requesting it; and
(4) the health, safety and welfare of other persons must not be adversely affected by granting of the variance.
(h) Revocation of variances. The director may revoke a variance granted when he determines that:
(1) the conditions of Subsection (g) are not being met or are no longer applicable;
(2) the terms of the compliance agreement are being violated; or
(3) the health, safety or welfare of other persons requires revocation.
(i) Wholesale service to customers outside the city. The director shall advise customers receiving wholesale water service from the city of actions taken under the emergency water management plan. The director may restrict service to customers outside the city as permitted under the contract and state law.
(j) Authority under other laws. Nothing in this section shall be construed to limit the authority of the mayor, the city council or the city manager to seek emergency relief under the provisions of any state or federal disaster relief act. (Ord. 19201)