The director together with the manager shall prepare a water shortage management plan which, before being implemented, shall be approved by resolution of the city council.
A. Mandatory Provisions: The plan, including approved revisions adopted as conditions and experience warrant, shall at a minimum:
1. Include water usage recommendations and mandatory restrictions during periods of normal to moderate water conditions, severe water shortage, extreme water shortage and exceptional water shortage. Separate recommendations and restrictions shall be provided for residential, commercial and industrial, and institutional water users.
2. Include guidelines and criteria, in addition to the surface water supply index, for determining the water supply condition at the beginning of the irrigation season and under what conditions the water supply condition should be upgraded or downgraded in response to various water supply, delivery, and demand conditions.
B. Optional Provisions: The plan, including approved revisions adopted as conditions and experience warrant, may:
1. Include a process allowing a person using large volumes of water to submit for the review and approval of the manager its own water use plan under which it will operate during periods of drought or water shortage. The manager may approve a water use plan only if it meets the water reduction targets associated with each water supply condition set forth in the water shortage management plan or provides an offsetting public benefit.
2. Set higher standards for reduction of city water use during each water supply condition.
3. Allow a person violating a mandatory water use restriction to receive a warning and be given a period of time to come into compliance with the terms of the plan.
C. Declaration Of Shortage Conditions:
1. The manager will use the SWSI report issued closest to April 1 of each year in determining the water supply conditions at the beginning of the irrigation season.
2. Severe water shortage and extreme water shortage may be declared by the mayor pursuant to the plan guidelines.
3. Exceptional water shortage conditions, and the accompanying water use restrictions, shall be implemented by declaration of the mayor upon the advice and recommendation of the public services director pursuant to the plan guidelines.
D. Compliance: The plan shall specify a method for providing notice of violation of mandatory water use restrictions. Other than time of day irrigation restrictions, the plan may not provide for mandatory water use restrictions on residential or commercial customers until either: 1) a severe water shortage condition has been declared; or 2) the director otherwise determines that, in the exercise of his or her best professional judgment, the city is unable to meet anticipated essential water needs without implementing such mandatory measures.
E. Enforcement: Compliance with all mandatory response measures set forth in the plan may be enforced through the imposition and collection of civil fines, as provided in this chapter. If the plan allows for approval of independent water plans, a person with an approved water use plan is not subject to civil fines so long as the terms of the approved plan are followed. Any person who, within fifteen (15) days after being served with a notice of violation, fails to pay any civil fine imposed pursuant to this chapter, or fails to make satisfactory arrangements to pay such civil fine with the manager, shall be subject to having the water supply to the premises of such customer shut off. Water service shall be restored only upon full payment of the civil fine imposed and payment of the turnon fee provided in section 9-1-11 of this title. In addition, at the manager's sole discretion, a customer may be required to install flow restrictors.
F. Plan Nonexclusive: The creation and implementation of the water shortage management plan as provided in this chapter shall be in addition to, and not in place of, any other actions taken by the city from time to time to conserve water or manage limited water supplies, including administrative orders issued pursuant to section 9-1-8 of this title. Limitations on the use of water by any customer of the water utility described elsewhere in this code remain in force and shall be in addition to any restrictions required by the water shortage management plan.
(Ord. 2009-32, 4-28-2009; amd. Ord. 2022-19, 5-3-2022)