ORD 489 2/24/1998ORDINANCE NUMBER 489
COMPREHENSIVE WATER ORDINANCE
AND DEMAND MANAGEMENT PLAN
AN ORDINANCE OF THE CITY COUNCIL OF CIBOLO REPLACING ORDINANCE NO.
472, THE ORIGINAL COMPREHENSIVE WATER ORDINANCE AND DEMAND MANAGEMENT
PLAN (DMP) REGULATING WATER RATES AND REGULATING THE USE OF WATER FOR THE
CITY OF CIBOLO, CONNECTION TO THE WATER MAINS AND WATER SYSTEM, AND THE
APPOINTMENT OF MAINTENANCE OFFICER, AND AMENDING, REPEALING AND
SUPERSEDING ALL OTHER CONFLICTING POLICIES AND ORDINANCES.
WHEREAS, the City of Cibolo is subject to periods of drought; and
WHEREAS, the cost of furnishing water to citizens of the City of Cibolo is subject to fluctuations in
demand, availability, and the economy, and
WHEREAS the City Council of Cibolo seeks to encourage conservation of finite water resources and
to provide financial incentive for the conservation of finite water resources; and
WHEREAS, the City of Cibolo must comply with the mandatory use reductions imposed by the Edwards
Underground Water District; and
WHEREAS, many Cibolo residents have suffered confusion between the Demand Management Plan of
Cibolo and the Demand Management Plan of the City of San Antonio, and
WHEREAS, several initiatives concerning water use and rates have been adopted by the City Council and
the City Council of Cibolo seeks to continue to provide leadership on the issue of water conservation,
THEN BE IT ORDAINED BY THE CITY COUNCIL OF CIBOLO THAT THE FOLLOWING
RATES, RULES, REGULATION, AND PENALTIES SHALL BE IN FORCE EFFECTIVE THE
24TH DAY OF FEBRUARY,1998 AND THAT THI ORDINANCE, CONSISTING OF FOUR
PARTS, SHALL BE KNOWN AS THE "COMPREHENSIVE WATER ORDINANCE AND
DEMAND MANAGEMENT PLAN".
HON. SAM BAUDER, MAYOR
ATTEST:
v
THOMAS A. NEWMAN, CITY SECRETARY
ADDENDUM/ATTACHMENT 1:
RATES AND CHARGES:
Following are the rates and charges for services furnished by the City of Cibolo's Water Department.
(Amended February 24, 1998 - Effective for March 15, 1998 billing cycle, new rates paid for the first time
on May 1, 1998 billing.)
RESIDENTIAL WATER RATES
MONTHLY BILLING
Under 1,200 gallons
$ 9.50 Special Rate
At least 1,200 and up to 3,000 gallons
$12.95 Base Rate
3,001 to 10,000 gallons additional
$ 1.95 per 1,000 gal
10,001 to 25,000 gallons additional
$ 2.75 per 1,000 gal
25,001 + gallons additional
$ 3.80 per 1,000 gal
COMMERCIAL WATER RATES
First 3,000 gallons
3,001 gallons additional
METER CONNECT FEES
Address where service already in existence
Residential where no service existed
(Line Tap)
Commercial where no service existed
Industrial where no service existed
(Line Tap)
Commercial where service existed
Industrial where service existed
HYDRANT METER FEES
Meter Connect
Daily Rental
Water Rate
Move within City
DEPOSITS
Hydrant Meter
Residential Service
Commercial Service
Industrial Service
Garbage Only
$14.85
$ 1.95 per 1,000 gal
$30.00
$60.00
$75.00
$120.00
$30.00
$30.00
$40.00
$ 3.00
$ 1.85 per 1,000 gal
$30.00
$400.00
$40.00
Two months estimated use
Two months estimated use
Pre -pay one month
DEPOSIT REFUNDS
Deposits will be refunded after two years service with no disconnects and not more than two (2) late fees
charged. If there is a disconnect or more than two late fees during that time, the two-year period will
begin again from that date.
All of these fees and charges are in addition by impact fees charged for new service and platting in the
City of Cibolo.
TABLE OF CONTENTS
PART ONE: ESTABLISHMENT OF A MAINTENANCE OFFICER
AND SETTING OF WATER RATES FOR THE CITY OF CIDOLO PAGES i -v
PART TWO: ADOPTION OF THE DEMAND MANAGEMENT
PLAN (DMP) OF THE EDWARDS UNDERGROUND WATER DISTRICT
AS REVISED APRIL 11, 1995 PAGES 1 -30
TABLE 1: WATER USE REDUCTION STAGES OF
THE DEMAND MANAGEMENT PLAN (DMP) PAGES 31-32
TABLE 2: REDUCTION MEASURES
PAGES 33-39
TABLE 3: PENALTIES FOR VIOLATION OF THE DEMAND PAGE 40
MANAGEMENT PLAN (DMP)
ADDENDUM/ATTACHMENT I, RATES AND CHARGES PAGE 41
PART ONE: ESTABLISHMENT OF A MAINTENANCE OFFICER AND SETTING OF WATER
RATES FOR THE CITY OF CIBOLO
SECTION ONE (I): Introduction
Providing for the appointment of a maintenance officer; providing for connection to water mains;
regulating the use of water from the, city water system; providing for service through meters; providing
for revised rates for services furnished by the city's water works system; enacting provisions, incidents and
related to billing and collection of water and sewer charges; and imposing a penalty of a fine of not less
than $25.00 not to exceed $500.00 and making each day a separate offense for violation of ordinance;
repealing all ordinances, orders and resolutions in conflict, prescribing a date when such rates and
charges shall become effective and declaring an emergency.
Section
1
Index
Section
2
Appointment Duties of Maint. Officer
Section
3
Unlawful Activities
Section
4
Metering Requirements
Section
5
Meter Connection -Charges,
Installation & Repair.
Section
6
Fees, Rates & Billing Procedures
Section
7
Conditions of Service
Section
8
Service Requests - outside Existing
Service Area
Section
9
Water Line Taps
Section
10
Violations of ordinance
Section
11
Emergency Conditions
Section
12
Severability
Addendum/Attachment
1
SECTION TWO (2): Appointment/Duties of Maintenance Officer.
There shall be appointed by the City Council of Cibolo Texas a Maintenance Officer who shall be in
charge of all property and machinery used in or connected with the Utility Department. He shall be
responsible for inspection of all pipe lines and all other property used in or connected with the Utility
Department, and shall make all repairs deemed necessary and consistent with his duties. He shall also
report all violations of this ordinance to the City Administrator and shall proceed to have offenders
prosecuted as set forth in this ordinance or any amendment thereof. He shall also attend to and control
the water supply and at all times oversee the sufficiency thereof to the greatest extent possible. He shall
attempt to notify the community of the necessity of any disruption of service when possible and practical.
SECTION THREE (3): Unlawful Activities.
It shall hereafter be unlawful for any person or persons to do, commit or assist in committing
any of the following things or acts in the City of Cibolo, Texas:
(a) To resort to any fraudulent device or arrangement for the purpose of procuring water from
private connections on premises contrary to the City regulations or ordinances.
(b) To make or permit to another make any connection with the main or service pipes of the
utility system or to turn or use water of said system without authorization and payment of
fees.
(e) To remove any water meter or device that has been placed by the City, or to in any manner
change, interfere with or tamper with any water meter or device ; providing that the
provisions of this section shall not apply to the employees of the City when acting in their
official capacity.
(d) To turn on the water supply to any building or to any supply pipe when the supply has been
turned off for the nonpayment of the monthly water charge or for the violation of any rule or
ordinance governing the water system.
(e) To open or close any fire hydrant or stopcock connected with the utilities system of the City of
Cibolo, or to lift or remove the covers of any gate valves or shut off thereat without the
permission of the Maintenance Officer, except in case of fire, and then under the direction of
officers of the Fire Department.
(I) It shall be unlawful for any person, firm or corporation to make any connection to the mains
of the utilities system of the City of Cibolo, Texas, without first making application to the
City, stating fully the use for which water is wanted, giving the name of the owner of the
property, the number of the lot and block, name of the street and house number. Upon the
payment of the meter connection fee, the Maintenance Officer, shall make, or have made, the
necessary connections. Every premise connected with any water main, or being supplied with
any water from the city s utilities, shall have a separate service connection and locking angle
stop.
SECTION FOUR (4): Metering Requirements.
All water distributed to individual customers will be metered. Normally, not more than one
household shall purchase water through any single meter without the consent of the City Council of
the City of Cibolo, Texas. Single metering is authorized for more than one unit of occupancy
providing responsibility for payment of all utility services for the single meter billing is assumed by
the single property owner. In cases where single metering is to be used for more than single family
residence, a meter sufficient in size to meet total requirements will be required. Size of meter will
be determined by the Maintenance Officer at time of request and deposit required will be based on
meter size. Provided where a residence, business establishment, complete apartment, or trailer
house is not accessible to a city water main.. arrangements may be made, at the option of the City
and for which a permit must be obtained from the City Council, to secure water from another user
of city water, in which case the minimum monthly charge shall be made for each additional
residence taking water through such meter. Each "minimum" will entitle user to 3,000 gallons per
month. The minimum charge plus any additional minimum charge and all water used over the
minimums by such consumer, shall be charged to the customer having the meter. The City of
Cibolo shall keep all meters in good repair without any expense to the consumer except as provided
herein.
SECTION FIVE Meter Connection charges. Installation and repair:
(a) Whenever a prospective user of water from the City of Cibolo wishes to connect to the city
water system such user of water shall pay a connection charge set by the City in the amount
of cost plus 10 percent and other fees as specified in Addendum/Attachment 1 of this ordinance.
(b) The City of Cibolo shall keep all meters in good free of charge, except that property owners will
be charged for meters, boxes, materials damaged or destroyed through negligence or abuse and
for all labor costs incurred in re-establishing service.
SECTION SIX (6): Fees, Rates, and Billins Procedures:
(a) Each water customer upon making application shall pay a non-refundable water meter connect
fee, as indicated in Attachment 1 and shall provide a refundable deposit as specified in
Attachment 1 of this ordinance. If a prospective customer is indebted to the City for water, sewer,
or garbage service, service at the new residence or place of business will not be provided until the
outstanding indebtedness is satisfied. Residential and commercial water bills will be forwarded
no later than the fust workday of each month. Bills will consist of a minimum charge for 1,200
gallons and a per thousand gallon charge for usage above the minimum charge for residential
customers; and will consist of a minimum charge for 3,000 gallons and a per thousand gallon
charge for usage above the minimum charge for commercial customers. Specific Fees may be
found on Attachment 1.
(b) Temporary water service is not allowed.
(c) Bulk water may be purchased by any consumer other than through a residential service
connection through the mains of the City of Cibolo provided that such water is purchased from a
tap(s) belonging to the City of Cibolo. All bulk water must be purchased by means of hydrant
metering. Deposit, rental and the water rates from these service are found at Attachment 1.
(d) All charges for utility services furnished or rendered by the City of Cibolo and/or contractors
franchised by such city for which the City of Cibolo is the billing agent shall be due and payable on
the fifteenth (15th) day of each month at the municipal offices of the City of Cibolo. Bills not paid
by the close of business of the fifteenth (15th) day of each month will incur a ten (10) percent
penalty for late payment on the total amount of the bill. Checks issued in payment of utility
services that are returned by banking institutions for reasons of insufficient funds will incur a
$15.00 charge in addition to the bill. Any repetition of insufficient fund checks being issued for
payment of utility bills will result in a requirement for cash payment of utility bills issued by the
City of Cibolo. Any deviation from this policy will be at the discretion of the City Administrator.
(e). Any person who has not paid his/her account by the twenty fifth (25) day of the month in which
billed, shall have his/her water service disconnected. It is further provided that all delinquent
accounts shall be notified by letter at least five (5) days in advance of service being discontinued.
In the event service is discontinued, a reconnect fee will be charged as provided for in this
ordinance as provided in Attachment/Addendum 1. Services will not be resumed until the total
amount due the City and the reconnect fee for the service discontinued has been paid in full.
Circumstances that result in an unfair penalty charge will be evaluated by the City Administrator.
(f) A consumer of water from the City of Cibolo who changes residence within the area serviced by
the Cibolo Wates Department will not be required to pay a connect fee at the new residence;
however, a transfer fee is reflected in Attachment 1 is required.
(g) No free utility service shall be permitted and the City or any of its agencies or instrumentalities
which avail themselves of the services provided by the utility shall pay the same rates and
charges herein prescribed.
SECTION SEVEN (7): Conditions of Service.
(a) No water other than water fiunished by the City or its agencies shall be used in any line to which
water is delivered by the CIty water system.
(b) The City of Cibolo does not guarantee pressure or volume of water in any line except City of
Cibolo owned lines.
(c) Water supplied by the City of Cibolo will not be used for irrigation purposes without the written
permission of the City of Cibolo.
(d) No water shall be furnished consumers in or beyond the corporate limits of the City unless and
until such consumer desiring City water furnishes the City Utility Department satisfactory evidence
(i.e, chloroform test), that all plumbing, including fixtures and appliances, through which City
water is to pass, have been approved and accepted by the City Maintenance Officer.
(e) In the event additional plumbing is to be installed on such premises inside or outside the
corporate limits of the City of Cibolo, Texas, water service shall be discontinued to such
consumers unless such additional plumbing installation have been approved by an authorized
representative of the City Utility Department.
(i) No person, except authorized employees of the City Utility Department, shall turn on or off at any
city valve without a written permission fust being obtained from the City Utilities Department.
(g) Every person having access to water from the City Utility Department shall, at any reasonable
time, permit the Maintenance Officer or his agents to enter the premises and building for
examination of plumbing to include the meter and fixtures and the manner in which the water is
used. Refusal by any consumer shall result in disconnection of water supply by the City Utility
Department until such permission is granted.
(h) The City Utility Department or agents thereof will make all repairs and renewals of service lines
from the main up to and including the meter, and it shall be unlawful for any other person or
persons to repair or tamper with the service line from the main to and including the meter and
valve.
(i) The right is reserved by the City of Cibolo to temporarily discontinue and reconnect without notice
water supply to all consumers for the purpose of making repairs, connections, extensions and the
cleaning of mains, machinery, reservoir or any part of the Cibolo water system.
(j) All of the provisions of this ordinance shall be deemed to be incorporated in every contract between
City Utility Department and its consumer, and each consumer shall be charged with knowledge of
the provisions of this ordinance and by applying and accepting water from the City Utility
Department to have acceded to the provisions hereof.
(k) It shall be unlawful for any person, firm or corporation to take or use water from the system of
the City of Cibolo except under the terms and conditions specified and stipulated in this
ordinance. All owners and occupants of property are and shall be prohibited from furnishing
water supply to others for any purpose other than specified herein. It shall be unlawful for any
person, firm or corporation, to willfully and/or negligently waste water in any manner
whatsoever, and any person having knowledge of any condition whereby water is being wasted
shall at once notify the City.
(1) The refusal or neglect of an owner or occupant to equip and maintain the premises with proper
service connections, utilities or fixtures of approved character and quality to prevent waste of
water shall be sufficient ground for the refusal of the City of connect the premises with the City
Utility Department service or to continue such service after having given notice of intention to
shut off the water, pending the necessary correction.
(m) It is and shall be unlawful for any person, firm, or corporation to draw water from any city
supply pipes directly into any steam boiler which is equipped for, or arranged for more than
fifteen pounds (15) pressure per square inch. All persons, firms or corporations having boilers
or closed water heaters supplied with city water are cautioned against the danger of explosion or
collapse.
The City of Cibolo will not be liable for any damages that may occur on account of the water
being shut off for any reason or on account of the breaking of any pipe or fixture by pressure of
the water from the city mains. Where City water is used to supply a steam boiler(of over fifteen
pounds pressure), the owner shall provide a tank of sufficient capacity to afford a supply of at
least four hours into which the service pipe must be discharged over the top of the tank, and
never into the bottom or side.
SECTION EIGHT (8): Service Requests -Outside Existing Service Area.
When water service is desired within the City's Water District and no mains exist in the vicinity of the
desired connection, it will be necessary for the applicant to sign a release form or contract with the City
and make a cash deposit. The entire cost of the main extension will be estimated by the City Engineer and
the cost borne by the applicant. Each size or diameter of pipe will be described in the contract
SECTION NINE (9): Water Line Taps.
It shall be unlawful for any plumber, contractor or person other than the tapper employed by the City
Utility Department or an agent, to tap any main, make connections to mains or extend service lines from a
main. All of this equipment shall be under the exclusive control of the City Utility Department, and said
tap and service shall be paid for by the plumber, contractor or owner ordering the work done before the
work is commenced.
SECTION TEN (10): Violations of ordinance.
A violation of any of the rules contained in this ordinance or a doing or causing to be done by any
person, persons, firm or association, of any of the things or acts forbidden or made unlawful in any of the
sections of this ordinance is an offense, such offenses shall be punishable under each and every violation
of the terms of this ordinance. The person, firm, association or corporation shall, upon conviction thereof
in the Municipal Court, be fined not less than $25 (twenty five dollars) nor more than $500.00 (five
hundred dollars) for each violation and each day of failure to comply with the terms of this ordinance and
shall constitute a separate offense.
SECTION ELEVEN (11): Emergency Conditions.
The City Utility Department has the right to control water use in case of emergency.
SECTION TWELVE (12): Severability.
This ordinance is cumulative of any other ordinance on the subject and does not repeal any present
ordinances except as specified herein unless this ordinance is in direct conflict therewith, in which case
this ordinance will govern. If any, section, subsection, paragraph, sentence, phrase or word in this article,
or application thereof to any person or circumstance is held invalid, it shall not affect the validity of the
remaining portions of the same and the City Council hereby declares it would have passed such remaining
portions despite such invalidity.
DEMAND MANAGEMENT PLAN
Part One
Introduction
The Edwards Underground Water District (District) by statute has the authority and
duty to conserve and protect the water resources of the Edwards Aquifer, to develop
comprehensive plans for the most efficient use of groundwater, and to prevent the
waste and pollution of groundwater. The principal source of the District's duties and
powers is article 8280-219, Texas Water Code Auxiliary Laws (the "Act"), which
created the District in 1959 and which has been expanded several times hence by the
Texas Legislature.
The District has two broad mandates under the Act: protection of the groundwater
resources of the region, and representation of the users of those water resources.
These two mandates are of critical importance to the development and stability of the
entire region.
One means of controlling demand for groundwater during times of drought is to
impose a series of increasingly restrictive limits on water use which are specifically
correlated to low rates of flow at Comal Springs. In accordance with the mandate of the
Act for such a plan, the District has promulgated this Demand Management Plan
("DMP") and the accompanying Demand Management Rules. The DMP establishes
the framework by which the groundwater of the Edwards Aquifer can be managed
during low flow conditions -at Comal Springs.
Demand management—the use bf reasonable restrictions on water use to protect the
water resources of the Aquifer and to ensure equitable distribution of groundwater—is a
year-round necessity in the Edwards Aquifer region. However, the need for demand
management is most critical during times of drought, which the District defines as when
i) there is not enough water to meet the needs of users, ii) precipitation is
insufficient to meet the users' expectations as to present or future supply, or iii)
conditions require temporary reductions in total water use to protect the water
resources of the region from serious harm.
Goals and Principles
The following are the goals and principles of the DMP. The restrictions imposed
pursuant to this DMP will be reasonably interpreted and vigorously enforced in
light of these goals and principles to maximize conservation and efficient water use,
to protect the region's water resources, and to minimize the duration and severity of
drought.
Goals:
* Protect human health and safety.
* Protect water quality in the Edwards Aquifer.
* Equitably distribute the impacts and hardships caused by low water levels.
* Minimize disruption of the economy within the District.
* Ensure an adequate level of spring flow to protect downstream water
rights, meet human health and safety and livestock requirements, protect habitats
within the District dependent on the Edwards Aquifer, and preserve regional
economic stability.
Principles:
* Provide advance knowledge to the public of how water demand may be reduced
during times of low spring flows.
* Provide for local management and local implementation of demand reduction
measures.
* Provide flexibility to change the DMP as new information and alternative or
supplemental water sources become available.
* Control the rate of decline in flow at Comal Springs by reducing the volume of
water taken from the Edwards Aquifer when specified spring flows are reached.
* Coordinate and cooperate with the Texas Natural Resource Conservation
Commission and other water agencies to protect the natural resources of the state
for the benefit of all citizens.
7
Part Two
Stages and Required Responses
Introduction
The DMP provides standards for determining that low spring flow conditions exist.
how long they may continue, and when they end. Conditions and stages are defined by
flows at Comal Springs which will be monitored by the District. Reduction goals are
established for each stage of the plan.
Upon declaration of a plan stage, primary users—those users who supply or produce
more than 18 million gallons of groundwater per year—will be required to reduce the
amount of groundwater they supply or produce. However, qualified industrial uses of
groundwater; as defined in the DMP Rules, are exempted from the reduction goals. The
reduction goals imposed by the DMP are in most cases based on the user's historic
water usage. The combination of this DMP and the user's specific program constitute
the District's complete Demand Management Plan.
Determination of Demand Reduction Stages
There are five Demand Reduction Stages. The first four Stages are defined by spring
flows, and are associated with specific percentage reduction goals. The fifth Stage is
the Extreme Water Emergency Stage, which may be invoked under certain circumstances
as described in the Rules. The spring flow rates which define the first four stages and
the reduction goals for each are presented in Table 1.
Comal Springs Flow
The flow in cubic feet per second (cfs) at Comal Springs in New Braunfels will be
used in determining the first four Stages. Each Stage is declared upon reaching the
spring flow associated with that Stage. Once any Stage of this DMP is declared, it will
remain in effect for a minimum of 10 days unless a more restrictive Stage is declared.
The value used to rescind a Stage is based on the 10 day moving average. A fifth Stage
is provided to address extreme water emergencies.
3
Water User Response
Upon declaration of each Demand Reduction Stage, primary users will begin reducing
the volume of water which they supply or produce. Goals are established for each
stage; the goals define percentage reductions in the base usage which are to be
achieved. Users are encouraged to develop their own management plans which will
enable them to meet these percentage reductions.
Reduction Goals
Reduction goals of 10%, 15%, 20%, and 30% have been established for Stages I, Il, III
and IV. These goals are not cumulative; i.e., the total. reduction to be achieved for
Stage IV is 30%. Stage I is a call to all primary users to reduce their use by 10%. This
reduction is voluntary and is incorporated to encourage all users to begin reducing
demand in an effort to avoid mandatory reductions in Stages II -IV. Primary users are
required -to -achieve -reductions in volume from a baseline use volume determined under
the DMP Rules in stages II -IV. These requirements are subject to certain exceptions
listed in the Rules. A user who is required to comply with reduction goals must file a
baseline use volume report in accordance with the Rules.
Target Use Volume
The target use volume is the total amount of water which can be produced or
supplied by a user during a reporting period unless either a more restrictive or a less
restrictive plan stage is declared. A target use volume will be determined for each
primary user by applying the reduction goal percentage to the volume produced or
supplied in each month of 1984, and further divided by the number of days in the
month, provided that the 1984 monthly volume amount will be subject to adjustment by
increases or decreases in such volume to take into account (i) increases or decreases
in the number of connections by type; (ii) increases or decreases in water use due to
changes in industrial or commercial activities; and (iii) any other changes affecting
the amount of Edwards Aquifer water use since 1984.
In cases where the user cannot provide volume data for 1984, or the user did not exist
in 1984, the user will apply the reduction goal percentage to an amount determined by
reference to the average annual use per connection in 1984 for similar uses and users in
the area.
0
Reporting
All primary users will report volumes supplied or produced from the aquifer during
both DMP and non -DMP conditions to the District. During non -DMP conditions,
reporting will occur on a monthly basis. During DMP conditions, reporting will occur
on a weekly basis.
Table 1
Reduction Stages and Reduction Goals
Stage
Comal Springs Flow
Reduction Goals
I
250 cfs
Voluntary 10%
II
225 cfs
15%
III
175 cfs
20%
IV
150 cfs
30%
Extreme Water
(see note)
(see note)
Emergency
* Measured at Comal Springs, New Braunfels Texas, Comal County (cubic feet per
second)
Note: Implementation of the Extreme Water Emergency Stage and the associated
reduction goal will be declared at the discretion of the Board of Directors when
necessary to prevent injury to water resources of the region, economic
hardship, danger to public health or safety, or inequitable distribution of water,
which cannot be adequately remedied by the declaration of Stages I-IV. See
Rule 3.03.
Part Three
District Activities
Rules
Rules to implement this DMP have been developed and are considered a part of this
plan and are contained herein. Any person affected by and dissatisfied with any rule
contained herein may appeal the reasonableness and validity of the rule to the
Texas Natural Resource Conservation Commission as provided for in the Act.
5
Notification
During non -DMP times, the District will take the following actions:
* Issue statements to the news media on spring flow measurements and water quality
conditions at key locations.
* Make regular public appearances to explain on-going water conservation
activities, the current status of water resource conditions and DMP activities.
* Conduct periodic meetings with news media throughout the District on a
general and individual basis to assure that they have the knowledge and
understanding required for reporting accurately on.spring flows, DMP stages;
and related issues.
* When conditions indicate that flows are beginning to decline at Comal Springs.
the -District -will inform the public of the spring flow conditions.
Upon implementation of Demand Reduction Stages, the District will, at a minimum, take
the following actions:
* Inform the public by publishing a notice in a newspaper of general circulation in
each county of the spring flow conditions and the current Demand Reduction
Stage.
* Inform certain water users by mail of the declaration of a Demand Reduction
Stage.
* Take measures necessary to assure understanding of District findings and required
responses.
* Inform the appropriate state and federal agencies of the actions being taken.
Monitoring
The District will monitor flows at Comal Springs which are used as trigger
conditions. Data will be collected and analyzed as frequently as necessary to provide
advance information about trends.
The District will also monitor withdrawals from the aquifer. The District will provide
forms to those users required to report usage of or production of groundwater to the
District.
ri
Variances
The District may grant variances from DMP requirements. The District will evaluate
each variance request on the merits described in the application. In evaluating a
request, the District will consider factors such as the water use efficiency,
demonstrated health and safety concerns, and economic and financial factors. The
District will conduct a public hearing on each variance request, and will approve or
disapprove each request in accordance with procedures set forth in the Rules. The
approval may specify the period of time that the variance will be in effect.
Enforcement
If a user does not meet the reduction goals shown on Table 1, or otherwise fails to
comply- with -the -.mandatory provisions of the Rules, the District may seek enforcement
by appropriate remedy in a court of competent jurisdiction.
If the District observes violations of use restrictions, or if analysis of pumping data
reveals that user compliance with reduction goals is not taking place, the District will
take measures necessary to achieve compliance. This may include meetings with the
user before the District seeks enforcement by appropriate judicial remedy.
Part Four
Rules
Introductory Provisions
Section 1.01. Authority."The Act (Tex. Water Code Auxiliary Laws art. 8280-
219) authorizes the Edwards Underground Water District (the "District") to develop and
enforce comprehensive plans for. the most efficient use of groundwater, to impose
restrictions on users of groundwater to protect the water resources of the region from
serious harm and to assure equitable distribution of available water resources among all
water users, and to prevent waste and pollution of groundwater. The DMP Rules
are adopted under the express and implied powers granted by the Act and other
applicable law.
7
Section 1.02. Definitions. The following words and terms shall have the following
meaning unless expressly provided otherwise. Words and terms used in these rules
which are not defined herein will be construed in accordance with the definitions
contained in the District's general rules, if applicable.
(1) "Act" means the act creating the Edwards Underground Water District, Tex.
Water Code Auxiliary Laws art. 8280-219 (Act of April 28, 1959, 56th R.S.,
ch. 99, 1959 Tex. Gen. Laws 173, as amended).
(2) "Baseline use volume" means a baseline amount of groundwater water determined
by reference to the amount used by each user in 1984, as adjusted in
accordance with Chapter Five, which is certified by the District as the
baseline use volume for a user.
(3) `Beneficial use" means use of the amount of water which is economically
necessary for a lawful purpose, when reasonable intelligence and reasonable
diligence are used in applying the water to that purpose.
(4) "Connection" means a metered or unmetered delivery point to a customer or other
receiver of water from a supplier.
(5) "Concentrated animal feeding operation" means a concentrated, confined
livestock operation operated for meat, milk, or egg production, growing,
stabling, or housing, in pens or houses wherein livestock are fed at the place of
confinement and crop or forage growth or production of feed is not sustained in
the area of confinement.
(6) "DMP" means the Demand Management Plan.
(7) "District" means the Edwards Underground Water District, the boundaries of
which include parts of Bexar, Comal and Hays Counties, Texas, as defined in
the Act.
(8) "District offices" means the principal offices of the Edwards Underground
Water District, located in Bexar County, San Antonio, Texas, at 1615 N. St.
Marys Street.
(9) A "drought" occurs when:
(a) there is not enough water to meet the needs of users;
(b) precipitation is insufficient to meet the users expectations as to present or
future supply; or
0
(c) conditions require temporary reductions in total water use to protect the
water resources of the region from serious harm.
(10) "Edwards Aquifer" means that portion of an arcuate belt of porous, water
bearing limestones composed of the Edwards Group Limestone and Associated
Formations trending from west to east to northeast through Kinney, Uvalde,
Medina, Bexar, Comal and Hays counties.
(11) "Initial user report" means a report to be filed by certain users that will provide
general information on the user's water system in accordance with Chapter Two.
(12) "Livestock" means animals, beasts, or poultry collected or raised for commercial
use or pleasure, including but not limited to cattle, sheep, goats, swine, horses,
chickens, turkeys, and zoo animals. The term also includes fish, shrimp,
crayfish, and other aquatic animals that are collected, used, or raised for
commerciaF' purposes __ n artificial pens or houses such as tanks, raceways.
and manmade ponds.
(13) "Periodic volume report" means a weekly or monthly report of production from
a well that primary users are required to file with the District.
(14) "Person" means any individual, firm, entity, corporation, municipal
corporation, governmental or proprietary body or association of persons,
public or private, including the State of Texas and the United States
Government.
(15) A "primary user" is (a) a user who supplies more than 18,000,000 gallons of
groundwater per year (a "primary supplier"), or (b) a user who produces more
than 18,000,000 gallons of groundwater water per year (a "primary
producer"), in accordance with Section 4.03.
(16) Water is "produced" from, a well when it flows from the well, whether by
artesian pressure, pumping, or other means. A person "produces" from a well
when that person owns the well or has possession or control over the well and
permits water to 'flow from the well, whether by artesian pressure.
pumping, or other means.
(17) "Qualified industrial use" means the beneficial and non -wasteful use of
groundwater integral to and necessary for the production of industrial,
agricultural, or commercial goods, products, or services, provided that the
phrase does not include the use of groundwater for recreational use, landscape
use, or use in connection with a concentrated animal feeding operation.
N
(e) willfully causing or knowingly permitting groundwater from an artesian
well to run off the well owner's land or to percolate through the stratum
above which the groundwater is found, unless the groundwater is used
for a purpose and in a manner in which it may be lawfully used on the
owner's land;
(f) withdrawal of groundwater from a groundwater reservoir at a rate and
in an amount that causes or threatens to cause intrusion into the reservoir
of water unsuitable for agricultural, gardening, domestic, or stock raising
purposes;
(g) escape of water from a groundwater reservoir to any other reservoir that
does not contain groundwater;
(h) pollution or harmful alteration of groundwater in groundwater reservoir by
�� �---salt`wafer,�otfiec deleterious matter admitted from another stratum or from
the surface of the ground;
(i) willfully or negligently causing, suffering, or permitting groundwater to
escape into any river, creek, natural watercourse, depression, lake,
reservoir, drain, sewer, street, highway, road, or road ditch, or onto any
land other than that of the owner of the well;
(j) groundwater pumped for irrigation that escapes as irrigation tailwater
onto land other than that of the owner of the well unless permission has
been granted by the occupant of the land receiving the discharge; or '
(k) using groundwater to transport or dilute "waste" as that term is defined
in Section 26.001 of the Texas Water Code.
(26) "Water resources of the region" includes but is not limited to:
(a) the quantity and quality of groundwater;
(b) spring flow and artesian pressure;
(c) primeval habitats within the District which are directly and naturally
created by or dependent on groundwater; and
(d) the stability of the saline water line.
(27) "Water works" means any structure, mechanism, facility, delivery or
application system, or apparatus used in the production, distribution,
transportation, or delivery of groundwater.
11
(18) "Reduction goal' means the amount of reduction in volume of groundwater
supplied or produced, expressed in a percentage, from baseline use volume
required for each Demand Reduction Stage.
(19) "Saline water line" means the downdip Edwards Aquifer boundary, which is
indicated by a line as depicted on maps maintained by the District, south and
east of which the concentration of total dissolved solids in the water exceeds
1000 milligrams per liter.
(20) "Stage" means one of five Demand Reduction Stages which may be declared by
the District.
(21) To "supply" means to supply, sell, or transfer groundwater to another person for
any purpose and without regard to the source from where the water is obtained
or the manner in which the water is delivered, transported, or transferred to the
other person. A "supplier" is a user who supplies groundwater, and includes
but is not limited to a public or private water company, water supply
corporation municipality or water district.
(22) "Target use volume" means the reduced amount of groundwater which can be
supplied or produced during any reporting period for which a plan stage or
stages are declared and continue as provided in Sections 5.04 through 5.06.
(23) "Groundwater" means underground water in or produced, obtained, or
originating from the Edwards Aquifer and associated formations within the
District.
(24) "User" means a person who produces, supplies, distributes or uses groundwater
within the boundaries of the District, or who transports groundwater produced
within the District out of the District.
(25) "Waste" means:
(a) the producing of groundwater if and to the extent the water is not
beneficially used by any person;
(b) the unreasonable loss of groundwater water through faulty design or
negligent operation of a well or water works;
(c) using quantities of groundwater for a purpose that otherwise would be
considered beneficial in excess of quantities reasonably necessary for that
purpose;
(d) producing groundwater through an abandoned or deteriorated well;
10
Section 1.03. Filing Procedures.
(a) In computing any period of time prescribed or allowed by these Rules, the
day of the act or event after which the designated period of time begins to run is
not included. The last day of the period so computed is to be included. unless it
is a Saturday, Sunday, legal holiday, or any other day on which the District offices
are closed, in which event the period runs until the end of the next day which is
not a Saturday, Sunday, legal holiday, or a day on which the District offices are
closed.
(b) When these Rules require that a document .be "filed" with the District, the
document_ must, -on or before the date the document is due, be 1) actually
received in the District offices, 2) deposited in the United States Mail enclosed
in a postpaid, properly addressed wrapper, in a post office or official depository
under the care and custody of the United States Postal Service, or 3) sent to the
District offices by telephonic document transfer before 5:00 p.m.
(c) All documents mailed to the District which are required by these Rules or which
relate to these Rules must be addressed as follows:
Edwards Underground Water District
Attention: Demand Management Office
1615 N. St. Mary's Street
P. O. Box 15830
San Antonio, Texas 78212
(d) Forms which are required by these Rules will be available at the District offices
during regular business hours.
Section 1.04. Change of Address. Primary users must notify the District of any
change in address within thirty (30) days of such change.
Reporting Requirements
Section 2.01. Required Reports.
(a) Primary users are required to file the following reports with the District:
(1) Initial and supplemental user reports.
(2) Periodic volume reports.
12
(3) Baseline use volume reports.
(b) A primary user may file a combined report which will satisfy more than one of
the report requirements if the report contains all the information required and is
timely filed as to each required report.
Section 2.02. Meters Required.
(a) All primary users must continuously meter the groundwater they use or supply to
others.
(b) A water meter relied upon by a primary user in connection with any report filed
with the District under these rules must be of a type and design and maintained
in a condition which permits continuous, accurate, and reliable measurement of
the quantity of groundwater which that primary user uses or supplies.
Production meters must be inspected and calibrated at least once a year by a
- qualified professional meter- technician, and the primary user must obtain and
retain a dated certification from the technician that the meter has been
inspected and calibrated, and is in good working condition. Primary users must
provide copies of such certifications to the District at the District's request,
and provide such other information or documents which the District may require
to ascertain whether the user is in compliance with this section.
(c) Primary users who are not in compliance with this section on the November 10,
1992 must comply with this section within 6 months of such date. Upon
request by a user subject to the requirements, the District after hearing may
grant an extension of time to avoid undue hardship.
Initial and Supplemental User Reports
Section 2.11. Initial User Report Required. Every primary user and every user who
is requested to do so by the Districtmust file an initial user report.
Section 2.12. Form and Content of Report. The initial user report must be filed
on a form provided by the District, and must provide the following information:
(a) Name, address, and telephone number;
(b) Contact person and title;
(c) Type of business;
(d) Type of use;
13
(e) Number of wells;
(f) Location of wells;
(g) Annual volume of water produced or supplied for the three years preceding the
date of the Report;
(h) Number of connections;
(i) Major wholesale customers;
0) Amount of water transported out of the District;
(k) Categories of water usage by percentage of total . use:
[e.g., residential C21o), commercial C2/o), manufacturing (_%)„ military
L%), irrigation L%), other L%)];
(1) Source of water if wells not owned by user;
(m) Meter information: size, number, and location; and
(n) Other information the District may require.
Section 2.13. Filing Deadline. The initial user report must be filed with the District
within thirty (30) days after the effective date of the Rules or within thirty (30) days after
the user receives a request for the report from the District.
Section 2.14. User Status Changes. Any user who becomes a primary user after
the effective date of the Rules must file an initial user report with the District within
thirty (30) days of becoming a primary user.
Section 2.15. Supplemental User Report. The District may require primary users
to submit a supplemental user report from time to time for purposes of updating the
District's files.
Periodic Volume Reports
Section 2.21. Requirement to Submit Volume Reports. Every primary user is
required to file periodic volume reports.
Section 2.22. Form and Contents of Report. Periodic volume reports must be
filed on forms provided by the District, and must provide the following information:
14
(a) The user's name, address, and telephone number;
(b) The user's assigned user number;
(c) Contact person and title;
(d) Reporting period;
(e) Stage or stages in effect during reporting period;
(f) Actual volume of water produced for the reporting period;
(g) Volume or percentage of water lost between production and delivery to end user
or other transferee; and
(h) Other information the District may require.
Section 2.23. Reporting Periods and Filing Deadlines.
(a) When there is no Demand Reduction Stage in effect, periodic volume reporting
is required on a monthly basis. When a Demand Reduction Stage is in effect,
periodic volume reporting is required on a weekly basis.
(b) The weekly volume report must be filed with the District no later than the day
following the end of the reporting period. The weekly reporting period ends
on the first business day of each week.
(c) The monthly volume report must be filed with the District no later than the third
day following the end of the reporting period. The monthly reporting period
ends on the first business day of each month.
Baseline Use Volume Reports
Section 2.31. Reporting` Requirements. Every primary user is required to file a
baseline use volume report.
Section 2.32. Baseline Use Volume Re ort. The baseline use volume report must
be submitted on a form provided by the District, and must provide the following
information, if applicable:
(a) Name, address, and telephone number of the user;
(b) Assigned user number;
15
(c) Contact person and title;
(d) 1984 well production volume by monthly or annual records;
(e) Method of measurement or computation;
(f) Number of connections by type and meter size categories for 1984 and each
subsequent year;
(g) Population served in 1984 and each subsequent year;
(h) Monthly apportionment of baseline use volume requested if different from
actualmonthly apportionment in 1984;
(i) Name, address, and telephone number of every supplier who supplied water to
the primary user;
0) Amounts of water supplied to the primary user by supplier;
(k) Amounts of water supplied to other users;
(1) Other information required by the District.
Section 2.33. Filing deadline.
(a) Any user who is a primary user on the effective date of these Rules must file a
baseline use volume report with the District within thirty (30) days after the
effective date of these Rules. Any user who becomes a primary user after the
effective date must file a report with the District within thirty (30) days after the
date of becoming a primary user.
(b) After receiving the report, the District may require the user filing the report to
provide additional information as may be necessary to certify a baseline use
volume.
Demand Reduction Stages
Section 3.01. Stages Described. There are five Demand Reduction Stages, Stages I,
II, III, IV and the Extreme Water Emergency Stage. Stages I, II, and III and IV are
defined by successively lower rates of spring flow. The Extreme Water Emergency
Stage may be declared by the Board in accordance with Section 3.03.
16
Section 3.02. Declaration of Stages.
(a) For purposes of this section, spring flow is defined as the spring flow as
measured in cubic feet per second at Comal Springs located in New Braunfels,
Texas.
(b) Stage I. Stage I will be declared when the spring flow rate reaches 250 cfs.
(c) Stage II. Stage 11 will be declared when the spring flow rate reaches 225 cfs.
(d) Stage III. Stage III will be declared when the spring flow rate reaches 175 cfs.
(e) Stage IV. Stage IV will be declared when the spring flow rate reaches 150 cfs.
(f) Summary Chart. The spring flow rates which will trigger Stages I-IV as
described in this section are summarized in Table 1 below.
Table 1
Reduction Stages and Reduction Goals
Stage Comal Springs Flow Reduction Goals
I 250 cfs Voluntary 10%
II 225 cfs 15%
III 175 cfs 20%
IV 150 cfs 30%
Extreme Water (As determined by the Board
Emergency of Directors)
Section 3.03. Extreme Water Emergency Stage.
(a) The District may declare an Extreme Water Emergency Stage when:
(1) Stage IV has been declared and the Board of Directors finds that other or
ftnrther restrictions on water use are necessary to prevent injury to the water
resources of the region, economic hardship, danger to public health or safety,
or inequitable distribution of water; or
17
(2) regardless of whether a stage has been declared, an emergency occurs which
threatens immediate injury to the water resources of the region, economic
hardship, danger to public health or safety, or inequitable distribution of
water, which cannot be adequately remedied by the declaration of Stages
I-IV.
(b) To the extent it is practicable, the District will consult with representatives of
municipalities, counties, river authorities, water purveyors, and other interested
-parties prior to the declaration of an Extreme Water Emergency Stage concerning
the necessity for such a stage and proposed emergency orders. The District
may seek and consider responses from any persons concerning the necessity for-
such
orsuch a stage and proposed emergency orders.
(c) When the Board declares an Extreme Water Emergency Stage, it will issue such
emergency orders as it believes necessary to prevent injury to the water
resources of the region, economic hardship, danger to public health or safety,
or inequitable distribution of ground water. The emergency orders may
include, but are not limited to, a maximum per capita allotment for suppliers and
reduction or cessation of industrial output and agricultural irrigation. The
emergency rules need not be limited to primary users. In the most critical
situations, only those water uses necessary for human health and safety may be
permitted. The emergency orders will be effective on the date of their
adoption. A Board action declaring or canceling an Extreme Water Emergency
Stage requires a 2/3 majority vote of the Board in favor of such action.
(d) As soon as practicable after declaring an Extreme Water Emergency Stage, the
District will conduct hearings on the declaration of the Stage and the issuance of
the emergency orders in each of the counties of the District. Notice of such
hearings shall be given as provided in Section 6.21(b), except that the notice may
be given not fewer than 7 days prior to the hearing.
(e) When the Board determines that the conditions which caused the declaration of
the Extreme Water Emergency Stage have passed, or that the conditions have
changed such that Stage I, II, III or IV will adequately protect the water resources
of the region, economy, public health and safety, and ensure equitable
distribution of water, the Board will cancel the emergency orders, and, if
appropriate, declare Stage I, II, III or IV.
(f) This section is inapplicable to Qualified Industrial Use by military installations in
the District. For the purposes of this subsection, the term "military installations in
the District" means Kelly Air Force Base, Randolph Air Force Base, Lackland Air
Force Base, Brooks Air Force Base, and Fort Sam Houston. Also for the purposes
of this subsection, "Qualified Industrial Use" means the beneficial and
U
non -wasteful use of groundwater integral to and necessary for the production of
industrial, agricultural, or commercial goods, products, or services, provided that
the phrase does not include the use of groundwater for recreational use, landscape
use, or use in connection with a concentrated animal feeding operation.
Section 3.04. End of Stage Declaration.
(a) The District will use spring flow rates calculated on a 10 -day moving average as
the determinant for rescinding a declaration of Stages I-IV.
(b) Any declared Stage will remain in effect for at least 10 days unless a more
restrictive Stage is declared.
Section 3.05. Notice of Declaration of Stages.
(a) Upon the declaration of any Stage, the District will publish a notice in a
newspaper of general circulation in each county within the District. The notice
will state that the Stage has been declared, report the conditions which caused the
declaration of the stage, and state that, except for Stage I which is voluntary,
compliance with the applicable reduction goals or emergency orders for the
Stage is required.
(b) As soon as practicable after the declaration of a Stage, the District will send
written notice of the declaration of the Stage to primary users who have filed an
initial user report and a baseline use volume report in accordance with these
Rules. Lack of individual or actual notice of the declaration of a Stage will not
be a defense in an action brought to enforce reduction goals.
Section 3.06. mages Not Exclusive.
(a) The Stages imposed in this chapter are not exclusive. The District may, based
on a finding that a drought exists, order other or further restrictions on water use
as may be necessary wminimize the duration or severity of drought. Orders
made under this section need not be limited to primary users.
(b) A hearing must be held in accordance with Section 6.21 before the District
issues any orders in connection with this section.
19
Reduction Goals
Section 4.01. Reduction Goals. Reduction goals are the percentages of
reduction in groundwater use from certified baseline use volume which are imposed in
connection with the respective Stages. The following are the established minimum
reduction goals for each Demand Reduction Stage:
Stage Reduction Goal
I Voluntary 10%
II 15%
III 20%
IV 30%
These percentages are not cumulative. For example, the total reduction from
certified baseline use volume to be achieved for Stage III is 20%.
Section 4.02. Users Required to Meet Reduction Goals.
(a) The following persons are required to meet reduction goals imposed by the
District in connection with Stages I-IV:
(1) Primary suppliers.
(2) Primary producers who use more than 18,000,000 gallons of groundwater
per year for other than qualified industrial uses.
(b) Notwithstanding subsection (a):
(1) A primary supplier who actually supplies groundwater to another supplier is
not required to meet reduction goals as to that water.
(2) A primary producer is not required to meet reduction goals as to
groundwater which is actually put to a qualified industrial use (see
definition of "qualified industrial use." Section 1.02(17)). This subsection
does not apply to primary suppliers.
Section 4.03. Primarz� User.
(a) A user will be considered a primary user if:
(1) the user supplies or produces more than 18.000,000 gallons of groundwater
in any 12 -month period;
20
(2) the user supplied or produced more than 18,000,000 gallons of groundwater
in the 12 months preceding the effective date of these Rules;
(3) for the 3 years preceding the effective date of these Rules, the user's
average amount of groundwater supplied or produced per year exceeded
18,000,000 gallons;
(4) for water supplied or used after the effective date of these Rules, the
amount of groundwater supplied or produced exceeds 4,500,000 gallons
during any three-month period; or
(5) for users who fail to properly meter or monitor the amount of groundwater
being supplied or produced or who otherwise fail to provide accurate and
reliable data to the District concerning the amount of groundwater
supplied or. produced, the General Manager determines based on available
evidence that the user supplies or produces more than 18,000,000 gallons of
groundwater per year as defined in this section.
(b) A user who is or becomes a primary user will be deemed a primary user for at
least 12 months thereafter.
(c) The General Manager of the District upon review of available evidence will
determine which users are primary users as provided in this section.
Section 4.04. Burden to Establish Exemptions. A primary user who claims an
exemption under Section 4.02(b) has the burden of providing reliable, accurate, and
satisfactory evidence to the District of the applicability of the exemption and the
amount of groundwater subject to the exemption.
Baseline Use Volume and Target Use Volume
Section 5.01. District Certification of Baseline Use Volume.
(a) After a primary user has filed a properly completed baseline use volume report
and any additional information which the District requests from the user, and the
District satisfies itself that the information given is accurate and reliable, the
District will certify the baseline use volume for that user as provided in this
section.
(b) Except as provided in subsection (c) the baseline use volume will be certified to
be equal to the amount of groundwater the user supplied or used in 1984.
adjusted by any increases or decreases in such volume to take into account
the following:
21
(1) increases or decreases in the number of each type of connection;
(2) a change in industrial or commercial activities or production requiring
groundwater use increase or decrease; or
(3) any other changes affecting the amount of groundwater use since 1984.
(c) In the event the data for any user is unavailable or incomplete for 1984, the
user did not exist in 1984, the information provided by the user is not
accurate or reliable, the user fails to timely file. a:baseline use volume report,
or the District determines that it is not appropriate to certify a baseline use -
volume based on the amount of water the user supplied or produced in 1984, the
District. may certify as the baseline use volume the amount of groundwater the
user would probably have supplied or used in 1984 based on data provided by
the user and other available evidence, including but not limited to evidence of
groundwater use by similar users in 1984, or such other amount as the District
deems appropriate.
Section 5.02. Revision of Baseline Use Volume.
(a) Any user with a certified baseline use volume may seek a revision of such
baseline use volume by filing a revised baseline use volume report with the
District along with a written request for revision of the baseline use volume.
(b) Any user with a certified baseline use volume must file a revised baseline use
volume report within thirty (30) days of
(1) any increase or decrease of five percent (5%) or more in the number of
connections or persons supplied;
(2) any change in industrial or commercial activities or production requiring a
. groundwater use increase or decrease of five percent (5%) or more; or
(3) any other groundwater use increase or decrease of five percent (5%) or more.
(c) After a revised certified baseline use volume report is filed. the District ma}'
revise the certified baseline use volume for each user.
Section 5.03. Monthly Apportionment of Certified Baseline Use Volume. The
certified baseline use volume will be apportioned in monthly amounts according to (i)
the user's actual use during each month of 1984, or such other amounts as may be
certified pursuant to Section 5.01 (c) or 5.02, or (ii) a different monthly apportionment
requested by the user, provided that the total of the monthly apportionments does
22
not exceed the certified baseline use volume. The monthly apportionment of the
baseline use volume will be further divided by the number of days in the month to
arrive at the daily apportionment of the user's certified baseline use volume.
Section 5.04. Determination of Target Use Volume. The total target use volume for
Demand Reduction Stages I-IV will be the sum of daily apportionments for the
reporting period reduced by the applicable reduction goal.
Section 5.05. Notification to User. The District will notify the user of the
certified baseline use volume, the monthly apportionments, and the daily
apportionments for Demand Reduction Stages I-IV.
Section 5.06. requirement to Meet Target Use Volume.
(a) Immediately upon the publication of public notice as prescribed in Section
3.05, each primary user must meet the target use volume for Stage announced in
the notice except for Stage I which is voluntary. All other users are
encouraged to reduce the volume of groundwater used, supplied, or produced
voluntarily.
(b) A primary user will have met the target use volume for the applicable reporting
period as specified in Section 2.23 if the total use of the user during the reporting
period does not exceed. the sum of the target use volume daily
apportionments applicable to the Stage or Stages in effect during the reporting
period.
Enforcement and Administration
Variances
Section 6.01. Variance Approval Procedures.
(a) A user who is subject to requirements or restrictions imposed by these Rules
may file a written request for a variance. The variance request must contain the
following information:
(1) the rule requirement or restriction for which the variance is requested;
(2) the length of time for which the variance is requested;
(3) the reasons for seeking the variance; and
73
(4) a sworn statement that the facts contained in the request are true and
within the requestor's personal knowledge.
(b) The District may require the user to provide any additional information which is
relevant to the request for variance, including but not limited to data relating to
the user's use of water. The user must file such additional information within 30
days of the date of the request.
Section 6.02. Factors Considered. In considering a request for variance, the District
will consider the following factors:
(a) the user's historic water use efficiency;
(b) the user's historic water demand patterns;
(c) the user's history of compliance with reduction goals and other conservation
efforts;
(d) the effect of the requested variance on human health and safety, the water
resources of the District, and equitable distribution of groundwater;
(e) the effect of the requested variance on adjoining and nearby landowners;
(f) the proportionate amount of the user's water use allocated to landscape and other
seasonal uses;
(g) economic and financial factors affecting the user;
(h) whether the user has previously forfeited a variance; and
(i) any other relevant factors.
Section 6.03. Findings in Support of Variance. The District may grant a request for
variance if it finds that:
(a) the variance is necessary to avoid an unusual, direct, and substantial hardship on
the user seeking the variance;
(b) there are no other practicable means for avoiding the hardship besides the
granting of a variance;
(c) granting the variance will not cause significant adverse effects to the water
resources of the region or other persons within the District, and will not create
inequitable distribution of groundwater; and
24
(d) granting the variance is not inconsistent with the intent of the DMP or these Rules.
Section 6.04. Procedures for District Review.
(a) Before granting or denying any request for a variance, the Board will hold a
hearing concerning the request for variance. Notice of the hearing will be
sent to the user requesting the variance. The District will publish notice of
variance hearings in newspapers of general circulation in each county of the
District. The District may grant the variance in part, or may grant the variance
conditionally.
(b) The hearing will be held within 30 days of the filing of the request for variance.
or within 30 days of the receipt of such supplemental information ,which the
District may request. Not more than 30 days after such a hearing has been
held, the District will by order grant or deny the variance.
Section 6.05. Term of Variance. Unless otherwise provided by the Board, a
variance will be effective for 12 months following the date it is approved by the Board.
The variance may provide that it will automatically renew for successive 12 -month
terms unless the District sends notice of non -renewal to the user holding the variance
not less than 45 days prior to the anniversary date of the granting of the variance. The
sending of a notice of non -renewal will not preclude the user from filing another
request for variance.
Section 6.06. Variance Status Reports and Hearins.
(a) The District may request the user holding a variance to file a variance status
report containing information pertaining to the status of the user's water use and
whether there has been any change of conditions. The user to whom such a
request is sent must file the report with the District within 20 days from the
date the request was sent.
(b) The District may hold a -hearing concerning the status of a variance.
Section 6.07. Rescission and Forfeiture of Variance.
(a) It is a condition of every variance granted by the District that the variance may
be rescinded based on changed conditions, and that the variance may be
forfeited if the holder of the variance fails to abide by its terms, comply with
mandatory reduction goals, or comply with any other rule, regulation, permit,
or order of the District.
(b) Regardless of the term for which a variance is granted:
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(1) The District may rescind any variance due to changed conditions.
(2) The District may order any variance forfeited due to the failure of the user
holding the variance to abide by its terms, comply with mandatory reduction
goals, or comply with any other rule, regulation, permit, or order of the
District.
(c) The District may initiate a rescission or forfeiture of. a variance by sending a
notice of rescission or forfeiture of variance to the user holding the variance. If
the user holding the .variance files a request for=a hearing within 30 days after
the notice is sent, the District shall conduct a hearing to hear evidence concerning
the circumstances which warrant rescission or forfeiture of the variance. The
District will send notice of the hearing to the user holding the variance not later
than seven (7) days prior to the hearing. After such a hearing has been held, the
Board may order the variance rescinded or forfeited, withdraw the notice and
conditionally or unconditionally continue the variance, or modify the variance.
If no request for a hearing is received within 30 days after the notice is sent, the
variance may be ordered rescinded or forfeited by the General Manager
without further action by the Board of Directors of the District.
Judicial Remedies and Enforcement Powers.
Section 6.11. General Prohibition of Waste. It shall be unlawful for any person
to waste groundwater or to supply or produce groundwater in a wasteful manner, and
such waste is declared a public nuisance.
Section 6.12. District Will Enforce Rules. The District will enforce these Rules
by injunction, mandatory injunction, or other appropriate remedy. Suits to enforce
these Rules may be brought in any court of competent jurisdiction.
Section 6.13. _ Investigative Powers. The District may use any investigative
technique or exercise any investigative power provided or permitted by law in
connection with enforcement of these Rules, including the power to issue subpoenas for
persons and documents.
Hearings and Other Procedures.
(a) Discretionary and Mandatory Hearings. The District may at its discretion hold a
public hearing with respect to any matters relating to these Rules or the Act. Any
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person may request a hearing by filing a request for hearing form. A hearing
must be held if properly requested by a person who has and demonstrates in the
request a property interest which is directly and adversely affected by the Rules.
(b) Notice of Public Hearing. Notice of a hearing held under these Rules will be
published once at least fourteen (14) days prior to the date of the hearing in
one or more newspapers with general circulation in the District. The notice
will:
(1) state the name and address of the person requesting the hearing, if any, and
the subject matter of the hearing;
(2) if the hearing relates to a variance, state the name and address of the user
holding or requesting a variance and provide a brief description of the
nature of the variance or request for variance;
(3) if the hearing relates to a possible violation of the Act or these Rules, state
the name and address of the person who may have violated the Act or these
Rules, and provide a brief description of the possible violation;
(4) if the hearing relates to a citizen complaint, the name and address of the
person who is the subject of the complaint, and provide a brief
description of the nature of the citizen complaint;
(5) if the hearing relates to an order under Section 3.06, state the proposed
finding of drought and provide a brief description of the proposed order;
(6) specify the time and place for the hearing;
(7) give any additional information the District considers necessary.
This subsection does not apply to hearings relating to rule-making under
Section 6.31.
(c) Procedure for Public Hearing.
(1) The hearing may be held in conjunction with or independently of a
regular or special meeting of the Board. The chairman of the Board or
another person designated by the chairman shall act as presiding officer.
The hearing shall be conducted in accordance with applicable law, including
any Rules of Practice which the District may adopt.
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(2) Any interested person may appear at the hearing, in person or by attorney,
or may enter an appearance in writing, orally or by affidavit. The presiding
officer may swear witnesses and take their testimony under oath.
(3) The District may receive evidence from any person, orally or by
affidavit, hear arguments, and make determinations necessary to
effectuate the purposes of the Act and the Rules. The presiding officer will
rule on the admissibility of evidence, and may exclude evidence which
is irrelevant, immaterial, or unduly repetitious.
Section 6.22. Notice of Noncompliance.
(a) If the District has reason to believe that any person is in violation of these Rules,
the Act, or any other statute, regulation, or order relating to groundwater, the
District may send to the person a notice of noncompliance. The notice will
contain a description of the noncompliance and the actions which the person
must take to cure such noncompliance, state the time in which such actions
must be taken, and notify the person that a written response to the notice must
be filed with the District not later than 10 days following the date the notice
was received by the person.
(b) The person to whom the notice is sent must file a written response with the
District not later than 10 days following receipt of the notice. The response must
either admit or deny each allegation of non-compliance. If the person denies
an allegation of non-compliance, the person must state the facts and
circumstances that support the denial. If the person admits an allegation of non-
compliance, the person must specify what actions the person will take to cure
the non-compliance within the time specified in the notice or explain why the
person cannot do so.
Section 6.23. Citizen plaints. Any person may file a citizen complaint reporting
a violation, suspected violation, or anticipated violation of any of these Rules, and
petition the District to initiate enforcement proceedings. The District may conduct a
hearing on a citizen complaint as provided in Section 6.21. Notice of any such
hearing will be sent to the person filing the complaint and to the user who is the
subject of the complaint at least fourteen (14) days prior to the hearing.
(a) Subject to the limitations of the Open Records Act, GOVT CODE Chapter 552,
information collected, assembled or maintained by the District is public record
open to inspection and copying during regular business hours.
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(b) A person submitting data or information to the District may request that the data
or information be designated as confidential. If the District agrees with the
designation and such data or information is excepted from disclosure under the
Texas Open Records Act, the data or information shall be maintained as
confidential and not open for public inspection.
Adopting, Amending, and Appealing Rules.
Section 6.31. Procedure for Adoption and Amendment of Rules.
(a) Before any proposed rule is adopted or any existing rule is amended, the District
will conduct a public hearing in each county within the District to receive public
comment. After the hearings are held, the rule will be adopted or amended on
the affirmative majority vote of the Board of Directors. A rule shall take effect
not earlier than the 14th day after its adoption or amendment.
(b) Notice of each hearing, along with a brief description of the proposed rule, will
be published once each week for two consecutive weeks in one or more
newspapers with general circulation in the District and in the county in which
the hearing is to be held. The first notice of a hearing will be published not later
than 14 days prior to the hearing.
(c) The District may review the DMP and the Rules from time to time to determine
whether modifications are warranted. In reviewing the DMP and the Rules, the
District may consider implementation experience, new data- concerning the
Edwards Aquifer or the use of groundwater, and any other information which
it deems relevant.
Section 6.32. Appeals.
(a) Any person affected by and dissatisfied with any rule adopted pursuant to
subdivisions 3(a)(10) through (16) of the Act relating to the development,
implementation, and enforcement of a drought management plan, may appeal
the reasonableness and validity of such rule to the Texas Natural Resource
Conservation Commission under rules adopted by the Commission.
(b) If the Commission determines a rule is unreasonable or otherwise invalid, it
may either declare that the rule is null and void and direct the District to adopt a
substitute rule or reform the rule so that it is reasonable and valid.
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(c) Upon receiving direction from the Commission to adopt a substitute rule, the
District will, as soon as practicable, adopt such rule in accordance with § 3(b) of
its enabling statute. Any such substitute rule shall be effective immediately upon
its adoption by the District.
(d) During the pendency of an appeal of any rule to the Commission or any
judicial proceedings relating to the validity or reasonableness of the rule, the
rule shall remain in effect for all purposes unless otherwise ordered by the
Commission or a court of competent jurisdiction.
rev.dmp.rules
012695
30
WATER USE REDUCTION STAGES OF THE DEMAND MANAGEMENT PLAN
TABLE 1
Trigger Condition 0-17 Well Level)
- Aquifer Awareness 655
II - Aquifer Watch 648
III - Aquifer Alert 640
IV - Aquifer Risk 628 (or Comal Spring Flow below 150 cls)
Trigger conditions consist of aquifer water levels as measured in Well AY -68-37-203 (J-17) in San
Antonio. Enforcement of this plan is dependent on cooperation of the Cibolo water customers. Violators of
this ordinance will be subject to fines as adopted by Ordinance 465 of the City Council of Cibolo on April
23, 1996. The fine schedule is found in Table 3 of this ordinance.
Stage II Declaration - Other Provisions
Designated Watering Days
Stage II of the DMP allows citizens to water their landscapes with sprinklers on designated days. A
person's designated day is determined by the LAST NUMBER of the property address. Residential
landscape watering will be allocated by odd vs even numbers. Watering is allowed any day of the week
with hand held hose or soaker hoses (and drip irrigation) during the "Designated Watering Times."
Landscape watering from a Cibolo water connection is prohibited at all other times (NOTE: During Stage
II and Stage III, even hand held hoses may not be used outside of "Designated Watering Times".
Landscape Watering for Residential Customers
Odd Numbers SUNDAYS AND THURSDAYS
Even Numbers SATURDAYS AND TUESDAYS
Landscape Watering for Non -Residential Categories
All addresses - WEDNESDAYS ONLY
Designated Watering Times
Stage II watering with sprinklers is prohibited from 10:00 a.m. until 8:00 p.m. Watering is allowed from
midnight to 10:00 am. and from 8 p.m. to midnight.
Stage III Declaration - Other Provisions
Designated Watering Days
Stage III of the DMP allows citizens to water their landscapes with sprinklers on designated days. A
person's designated day is determined by the LAST NUMBER of the property address. Residential
landscape watering will be allocated by odd vs even numbers. Watering is allowed any day of the week
with hand held hose or soaker hoses (and drip irrigation) during the "Designated Watering Times."
Landscape watering from a Cibolo water connection is prohibited at all other times (NOTE: During Stage
I1 and Stage III, even hand held hoses may not be used outside of "Designated Watering Times".
Landscape Watering for Residential Customers
Odd Numbers SUNDAYS ONLY
Even Numbers SATURDAYS ONLY
Landscape Watering for Non -Residential Categories
All addresses - WEDNESDAYS ONLY
Designated Watering Tunes
Stage III watering with sprinklers is prohibited from 10:00 a.m. until 8 p.m.. and from midnight until
5:00 a.m.. Watering is allowed from 5:00 a.m. until 10:00 a.m and 8:00 p.m. until midnight..
Stage IV Declaration - Other Provisions
Landscape Watering for Residential Customers
NO WATERING WITH SPRINKLERS IS ALLOWED
Landscape Watering for Non -Residential Categories
NO WATERING WITH SPRINKLERS IS ALLOWED
Any outdoor landscape must be done with a handbeld hose or 5 -gallon or smaller bucket. Soaker hoses
may be used if someone is present
PENALTIES FOR VIOLATION OF THE DEMAND MANAGEMENT PLAN (DMP)
(AS ESTABLISHED BY ORDINANCE 465)
TABLE 3
DEMAND MANAGEMENT PLAN FINE SCHEDULE
STAGE I and STAGE H
Residential Customers of the City of Cibolo Water System
First violation at an address in a 12 month period
Written warning
Second violation at an address in a 12 month period
$25-$50
Third violation at an address in a 12 month period
$ 50-$100
Fourth violation at an address in a 12 month period
$100-$200
All subsequent citations
$200-500
Commercial/Industrial Customers of the City of Cibolo Water System
First violation at an address in a 12 month period
Second violation at an address in a 12 month period
Third violation at an address in a 12 month period
Fourth violation at an address in a 12 month period
All subsequent citations
STAGE IH and STAGE IV
Residential Customers of the City of Cibolo Water System
First violation at an address in a 12 month period
Second violation at an address in a 12 month period
Third violation at an address in a 12 month period
All subsequent citations
Written warning
$ 50-100
$100-200
$200-500
$400-500
Written warning
$50-100
$100-200
$200-500
Commercial/Industrial Customers of the City of Cibolo Water System
First violation at an address in a 12 month period Written warning
Second violation at an address in a 12 month period $100-200
Third violation at an address in a 12 month period $200-500
All subsequent citations $400-500
All 12 -month periods begin at 12:01 am. January 1st and end at midnight December 31 of
that year. All citations are per physical street address. The Citation will be issued to the
individual in proximate care of the residence where the offense occurs at the time of the
incident. All violations are cumulative with no deference to which Stage I under which the
initial or subsequent violations occurred.The City of Cibolo reserves the right to
permanently remove water meters for repeated violations of the DMP.
ADDENDUM/ATTACHMENT 1:
RATES AND CHARGES:
Following are the rates and charges for services furnished by the City of Cibolo's Water Department.
(Amended February 24, 1998 - Effective for March 15, 1998 billing cycle, new rates paid for the first time
on May 1, 1998 billing.)
RESIDENTIAL WATER RATES
MONTHLY BILLING
Under 1,200 gallons
$ 9.50 Special Rate
At least 1,200 and up to 3,000 gallons
$12.95 Base Rate
3,001 to 10,000 gallons additional
$ 1.95 per 1,000 gal
10,001 to 25,000 gallons additional
$ 2.75 per 1,000 gal
25,001 + gallons additional
$ 3.80 per 1,000 gal
COMMERCIAL WATER RATES
First 3,000 gallons
3,001 gallons additional
METER CONNECT FEES
Address where service already in existence
Residential where no service existed
(Line Tap)
Commercial where no service existed
Industrial where no service existed
(Line Tap)
Commercial where service existed
Industrial where service existed
HYDRANT METER FEES
Meter Connect
Daily Rental
Water Rate
TRANSFER FEES
Move within City
DEPOSITS
Hydrant Meter
Residential Service
Commercial Service
Industrial Service
Garbage Only
$14.85
$ 1.95 per 1,000 gal
$30.00
$60.00
$75.00
$120.00
$30.00
$30.00
$40.00
$ 3.00
$ 1.85 per 1,000 gal
$30.00
$400.00
$40.00
Two months estimated use
Two months estimated use
Pre -pay one month
Deposits will be refunded after two years service with no disconnects and not more than two (2) late fees
charged. If there is a disconnect or more than two late fees during that time, the two-year period will
begin again from that date.
All of these fees and charges are in addition by impact fees charged for new service and platting in the
City of Cibolo.