Loading...
HomeMy WebLinkAbout029846 ORD - 05/28/20131 Ordinance adopting the Water Conservation Plan and Drought Contingency Plan; Amending City Code of Ordinances, Chapter 55, Article XII Water Conservation, regarding water resource management including drought restrictions and surcharges, providing an effective date of June 3, 2013; and providing for penalties. Section 1. The Water Conservation Plan attached as Exhibit A is hereby adopted. Section 2. The Drought Contingency Plan attached as Exhibit B is hereby adopted. Section 3. The Corpus Christi Code of Ordinances, Chapter 55, Utilities, Article XII Water Conservation, Sections 55 -150 through 55 -156, and Sections 55 -158 through 55 -159 are repealed and replaced with the following sections to read as follows: ARTICLE XII WATER RESOURCE MANAGEMENT Sec. 55 -150 Scope, purpose, and authorization (a) Scope. There is hereby established a City of Corpus Christi Water Conservation Plan and Drought Contingency Plan. The City of Corpus Christi Water Conservation Plan and Drought Contingency Plan 2013, dated May 28, 2013, a true copy of which is on file in the office of the city secretary, is adopted, and shall be followed in matters concerning water conservation drought management, and water supply enhancement programs. (b) Declaration of policy. (1) It is hereby declared that the general welfare requires that the water resources available to the city be put to the maximum beneficial use to the extent to which they are capable, and that the waste or unreasonable use, or unreasonable method of use of water be prevented, and the conservation of such water is to be extended with a view to the reasonable and beneficial use thereof in the interests of the people of the area served by the city's water resources and for the public welfare. (2) In making decisions under this article concerning the allocation of water between conflicting interests, highest priority will be given to allocation necessary to support human life and health; i.e., the minimum amount of water necessary for drinking, prevention of disease, and the like. Second highest priority will be given to allocations which will result in the least loss of employment to persons whose income is essential to their families. (c )Authorization. The city mana ger , or his desi nee upon the recommendation of the assistant city manager, public works and utilities, is hereby authorized and directed to implement the applicable provisions of this article upon their determination that such implementation is 029846 INDEXED 2 necessary to protect the public welfare and safety. (d) In this Article, "City Manager" means the City Manager or the City Manager's designee. Sec. 55 -151 Water Conservation Measures at All Times. (a) The following measures are year -round water conservation best management practices that are in effect at all times, regardless of the reservoir levels or drought contingency levels. (1) Prohibition on wasting water: Actions leading to wasting of water are prohibited and will be enforced. No person shall: a. Allow water to run off property into gutters or streets. b. Permit or maintain defective plumbing in a home, business establishment or any location where water is used on the premises. Defective plumbing includes out -of- repair water closets, underground leaks, defective or leaking faucets and taps. c. Allow water to flow constantly through a tap, hydrant, valve, or otherwise by any use of water connected to the City water system. d. Use any non - recycling decorative water fountain. e. Allow irrigation heads or sprinklers to spray directly on paved surfaces such as driveways, parking lots, and sidewalks in public right -of -ways. f. Operate an irrigation system at water pressure higher than recommended, causing heads to mist, or to operate with broken heads. (2) Time of Irrigation: Irrigation by spray or sprinklers is prohibited between the hours of 10:00 AM and 6:00 PM. It is still permissible to water by hand or by drip irrigation at any time of day, unless the City enters Stage 4 Drought. (3) Restaurant Water Saving: Commercial dining facilities must only serve water upon request. Sec. 55 -152 Drought Management: Drought Contingency Stages. (a) The level of drought severity determines the extent of potential water use restrictions that shall be implemented. Following are the levels of drought in the form of Stages: I. Stage 1: Mild water shortage condition 2. Stage 2: Moderate water shortage condition 3. Stage 3: Severe water shortage condition 4. Stage 4: Critical water shortage condition 5. Stage 5: Emergency water shortage condition (b) Criteria for Initiation and Termination of Drought Response Stages 3 (1) The City Manager, or designee, shall monitor water supply and/or demand conditions on a weekly basis and shall determine when conditions warrant initiation or termination of each stage, that is, when the specified "triggers" are reached. However, the City Manager, in the exercise of the City Manager's discretion, may initiate or terminate any stage when the City Manager deems necessary at any particular time. (2) The triggering criterion to be monitored for determining drought response stages is (1) the combined reservoir storage levels of Choke Canyon Reservoir and Lake Corpus Christi or (2), in the alternative for Stage 1, Lake Texan's level. (3) Whenever any of the stages listed below are triggered, the City Manager shall publish a public notice of the particular stage, in the daily newspaper of general circulation in Nueces County. (4) To the extent of City's legal authority, the City Manager shall require the City's raw water and wholesale treated water customers to issue public notice advising their water customers of conservation and drought management activities consistent with the stages listed below. (c) The triggering criterions are as follows: (1) Stage 1— Mild Water Shortage Condition Requirements for initiation — The combined storage level of Choke Canyon Reservoir and Lake Corpus Christi declines below 50 percent or Lake Texana storage level declines below 40 %. Requirement for termination — Stage 1 of the Plan may be rescinded when the combined storage level of Choke Canyon Reservoir and Lake Corpus Christi increases above 60 percent or Lake Texana storage level increases above 50 %. Either of these conditions must exist for a period of 15 consecutive days before termination of Stage 1. (2) Stage 2 — Moderate Water Shortage Condition Requirements for initiation — The combined storage level for Choke Canyon Reservoir and Lake Corpus Christi declines to below 40 percent. Requirement for termination — Stage 2 of the Plan may be rescinded when the combined storage level increases above 50 percent for a period of 15 consecutive days. Upon termination of Stage 2, Stage 1 becomes operative. (3) Stage 3 — Severe Water Shortage Condition 4 Requirements for initiation — The combined storage levels declines to below 30 percent. Requirement for termination — Stage 3 of the Plan may be rescinded when the combined storage level increases above 40 percent for a period of 15 consecutive days. Upon termination of Stage 3, Stage 2 becomes operative. (4) Stage 4 — Critical Water Shortage Condition Requirements for initiation — The combined storage levels of Choke Canyon Reservoir and Lake Corpus Christi declines to below 20 percent. Requirement for termination — Stage 4 of the Plan may be rescinded when the combined storage level increases above 30 percent for a period of 15 consecutive days. Upon termination of Stage 4, Stage 3 becomes operative. (5) Stage 5 — Emergency Water Shortage Condition Requirements for initiation — When the City Manager, or designee, determines that a water supply emergency exists based on: • A major water line breaks., or pump or system failures occur, which causes unprecedented loss of capability to provide water service; or • Water production or distribution system limitations; or • Natural or man -made contamination of the water supply source occurs. Requirement for termination — The emergency water shortage condition may be rescinded when the City Manager, or designee, deems appropriate. Sec. 55 -153. Drou ht Mana ement: Drou ht Best Mana ement Practices Per Sta e (a) In order to achieve water use reduction during drought, a series of best management practices will be enacted and enforced at each stage of a drought. These best management practices (BMP) are listed below by stage. During Stages 2, 3, and 4, requests for exceptions may be presented to the Director of Water Operations or his designee. (b) Stage 1 Response — MILD Water Shortage Conditions (1) Target: Achieve a voluntary 5% reduction in daily treated water demand relative to treated water demand with the water use restrictions below. 5 (2) Best Management Practices for Supply Management: The City will enact voluntary measures to reduce or discontinue the flushing of water mains if practicable and utilize reclaimed water for non - potable uses to the greatest extent possible. (3) Water Use Restrictions for Reducing Demand a. Water customers are requested to voluntarily limit the irrigation of landscaped areas to once per week. The watering schedule will be determined by the City Manager or designee. b. All operations of the City of Corpus Christi shall adhere to water use restrictions prescribed for Stage 2 of the Nan. c. Water customers are requested to practice water conservation and to minimize or discontinue water use for non - essential purposes. ( c) Stage 2 Response — MODERATE Water Shortage Conditions (1) Target: During Stage 2, achieve a 10% reduction in daily treated water demand relative to treated water demand with the water use restrictions below. (2) Best Management Practices for Supply Management: In addition to the best management practices for supply management listed under Stage 1, the City will also do the following during Stage 2: a. Use more repair crews if necessary to allow for a quicker response time for water -line leak repair; and b. City crews (Water and other departments) begin monitoring customers' compliance with Stage 2 restrictions during the course of their daily rounds. (3) The following water use restrictions shall apply to all persons during Stage 2: a. Irrigation of landscaped areas with hose -end sprinklers or automatic irrigation systems shall be limited to once per week. The watering schedule will be determined by the City Manager or designee. Customers will be made aware of their designated watering day in accordance with Drought Contingency Plan. However, irrigation of landscaped areas is permitted on any day if it is by means of a hand -held hose (with positive shutoff nozzle), a faucet filled bucket or watering can of five (5) gallons or less, or drip irrigation system with a positive shutoff device. Exceptions for this restriction may be permitted, upon 6 review and approval by the Director of Water Operations or his designee for the following uses: new plantings (for up to 60 days), vegetable gardens, athletic playing fields, and botanical gardens. In addition, this restriction does not apply to customers irrigating with well water or an aerobic septic system. Customers irrigating with well water or an aerobic septic system must apply for a permit from the City Water Department to be prominently posted on the premises within two (2) feet of the street number located on the premises. b. Use of water to wash any motor vehicle, motorbike, boat, trailer., airplane or other vehicle is prohibited except on designated watering days_ However, washing of boats and/or flushing of boat motors is permitted upon immediate exit of water body. Such washing, when allowed, shall be done with a hand- held bucket or a hand -held hose equipped with a positive shutoff nozzle for quick rinses. Vehicle washing may be done at any time on the immediate premises of a commercial car wash. Further, such washing may be exempted from these regulations upon review and approval by the Director of Water Operations or his designee if the health, safety, and welfare of the public is contingent upon frequent vehicle cleansing, such as garbage trucks and vehicles used to transport food and perishables. c. Use of water to fill, refill, or add to any indoor or outdoor swimming pools, wading pools, or Jacuzzi -type pools is prohibited except on designated watering days. d. Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life. e. Use of water from hydrants shall be limited to fire fighting, related activities, or other activities necessary to maintain public health, safety, and welfare, except that use of water from designated fire hydrants for construction purposes may be allowed under special permit from the City of Corpus Christi Water Department. f. Use of water for the irrigation of golf course greens, tees, and fairways is prohibited except on designated watering days. However, if the golf course utilizes a water source other than that provided through City of Corpus Christi Water Department infrastructure, the facility shall not be subject to these regulations. 7 g. The use of water to maintain integrity of building foundations is limited to designated watering days and is only permitted by use of hand -held hose or drip irrigation. h. The following uses of water are defined as non- essential and are prohibited: 1) Wash -down of any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard - surfaced areas, except if it is in the interest of public health and safety. 2) Use of water to wash down buildings or structures for purposes other than immediate fire rotection without ermit anted by the Director of Water Operations or his designee.. 3) Use of water for dust control without permit granted by the Director of Water Operations or his designee. (d) Stage 3 Response — SEVERE Water Shortage Conditions (1) Target: During Stage 3, achieve a 15% reduction in total daily treated water demand relative to treated water demand with the water use restrictions below. (2) Best Management Practices for Supply Management: In addition to the best management practices for supply management listed under Stage 2, the City will also do the following during Stage 3: a. Eliminate the flushing of water mains unless required for decontamination and/or public safety; and b. Review customers' water usage for compliance based on the previous month's water use and notify violators verbally or in writing as the situation dictates. (3) Water Use Restrictions for Demand Reduction: All requirements of Stage 2 shall remain in effect during Stage 3 except as modified below: a. Irrigation of landscaped areas shall be limited to once every other week. The watering schedule will be determined by the City Manager or designee. Customers will be made aware of their designated watering day. However, irrigation of landscaped areas is permitted on any day if it is by means of a hand -held hose (with positive shutoff nozzle), a 8 faucet filled bucket or watering can of five (5) gallons or less, or drip irrigation system with a positive shutoff device. Exceptions for this restriction may be permitted, upon review and approval by the Director of Water Operations or his designee, for the following uses: new plantings (for up to 60 days), vegetable gardens, athletic playing fields, and botanical gardens. In addition, this restriction does not apply to customers irrigating with well water or an aerobic septic system. Customers irrigating with well water or an aerobic septic system shall still apply for a permit from the City Water Department to be prominently posted on the premises within two (2) feet of the street number located on the premises. b. The watering of golf course fairways with potable water_is prohibited. The watering of greens and tees are limited to once every other week unless the golf course utilizes a water source other than that provided through City of Corpus Christi Water Department infrastructure or done by means of hand -held hoses, hand -held buckets, or drip irrigation. (4) During Stage 3, the following measures are optional water use restrictions that may be implemented by the City Manager, or designee, with City Council approval t as conditions warrant: a. The use of water for construction purposes from designated fire hydrants under special permit is to be discontinued. b. For residential and multi -unit customers, a drought surcharge of up to and including 100% of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use. (e) Stage 4 Response — CRITICAL Water Shortage Conditions (1) Target: During Stage 4, achieve a 30% or greater reduction in daily treated water demand relative to treated water demand with the water use restrictions below. An additional surcharge will be added to each utility bill during Stage 4 water shortage conditions to discourage discretionary water use, as described in Section 55 -154 for retail customers and Section 55 -159 for wholesale customers. (2) Best Management Practices for Supply Management: In addition to the best management practices for supply management listed under Stage 3, the City will also do the following during Stage 4: 9 • Upon written notice, disconnect the water meters of willful violators if absolutely necessary to prevent the deliberate wasting of water. (3) Water Use Restrictions for Demand Reduction: All requirements of Stage 2 and 3 shall remain in effect during Stage 4 except as modified below: a) Irrigation of landscaped areas shall be prohibited at all times. b) Use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle not occurring on the premises of a commercial car wash and not in the immediate interest of public health, safety, and welfare is prohibited. c) The filling, refilling, or adding of water to swimming pools, wading pools, and jacuzzi -type pools, and water parks (unless utilizing water from a non-city alternative source) is prohibited. d) The use of water to maintain the integrity of a building foundation is still permitted on the designated Stage 3 watering day and shall be done by hand or drip irrigation method. (4) During Stage 4, the following measures are optional water use restrictions that may be implemented by the City Manager, or designee, with City Council approval, as conditions warrant: a) No application for new, additional, expanded, or increased -in -size water service connections, meters, service lines, pipeline extensions, mains, or water service facilities of any kind shall be approved, and time limits for approval of such applications are hereby suspended for such time as this drought response stage shall be in effect. b) For residential and multi -unit customers, a drought surcharge of up to and including 100% of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use. (f) Stage 5 Response -- EMERGENCY Water Shortage Conditions (1) Target: During Stage 5, achieve a 50% or greater reduction in daily treated water demand relative to treated water demand with the below water use 10 restrictions. Surcharges and reduced allocations are enforceable during Stage 5 water shortage conditions, as described in Section 55 -154. During emergency conditions such as system outage, supply source contamination, or supply sources draining empty, alternative water sources and/or alternative delivery mechanisms may be necessary with prior approval of the City Manager. For emergency water shortage conditions associated with contamination of Nueces Basin stored supplies, the City, under the City Manager's direction, will cease pumping from the Nueces River and will contact the LNRA to identify additional, temporary water that may be available from Lake Texana on a short-term basis to meet essential water needs. For emergency water shortage conditions associated with contamination of Lake Texana supplies, the City, under the City Manager's direction, will cease pumping from the Mary Rhodes Pipeline. (2) Best Management Practices for Supply Management: (3) In addition to the best management practices for supply management listed under Stage 4, the City will also do the following: • Call the 10 largest water customers in the area affected by the emergency condition, and if necessary, use runners in key areas to begin spreading the message of a major outage. Water Use Restrictions for Demand Reduction: During Stage 5, all requirements of Stage 2, 3, and 4 shall remain in effect except as modified below: a) Irrigation of landscaped areas is absolutely prohibited. b) Use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle is absolutely prohibited. c) Associated uses of water not related to business process which are discretionary, such as equipment washing, shall be deferred until the Stage 5 emergency has been terminated. (4)During Stage 5, the following measures are optional water use restrictions that may be implemented by the City Manager, or designee, with City Council approval, as conditions warrant: 11 For residential and multi -unit customers., a drought surcharge of up to and including 100% of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use. Sec. 55 -154. Surcharges for Drought Stages 3, 4 — 5 and Service Measures (a) General (1) The surcharges established herein are solely intended to regulate and deter the use of water during a period of serious drought in order to achieve necessary water conservation. The City Council expressly finds that the drought poses a serious and immediate threat to the public and economic health and general welfare of this community, and that the surcharges and other measures adopted herein are essential to protect said public health and welfare. (2) This section, and the surcharges and measures adopted herein are an exercise of the City's regulatory and police power, and the surcharges and connection fees are conservation rates intended to meet fixed costs as a result of lost revenue. (3) With City Council approval, the City Manager or designee is authorized to determine trigger points and surcharges during Stages 3, 4 and 5 Emergency Water Shortage conditions. (4) In this section, institutional customer means city utility customer which operates as a not -for -profit entity. (5) A customer may appeal an allocation or drought surcharge triggering point established under this Section to the Director of Water Operations or his designee on grounds of unnecessary hardship through the process outlined in Section 55 -155. (6) Drought surcharge funds will first be applied towards annual debt service payments and operating and maintenance expenses of the Water Department as reflected in the City operating budget to offset revenue loss due to drought conditions. Additional funds will be reported to City Council for City Council direction. (b) Residential water customers, who are not billed through a master water meter. 12 1. A monthly base amount of 3,000 gallons shall be established as a trigger point for each customer. Water consumption up to and including this amount will not include a drought surcharge 2. Above the 3,000 gallon monthly consumption trigger point, with City Council approval, a drought surcharge shall be added up to and including 100% of the customer's total monthly water bill over the allocation. (c) Residential customers who are billed from a master water meter. 1. Once Stage 2 condition has been declared, property managers of multi - tenant units shall notify the City Director of Water Operations of number of residential units in their facility for determination of allocations. Until so notified, the City shall calculate the allocation based on two residential units per master water meter. A monthly base amount of 3,000 gallons shall be established as a trigger point for each residential unit. 2. When consumption for the month is less than or equal to 3,000 gallons times the number of residential units, there will be no surcharge. 3. With City Council approval, when consumption is above the 3,000 gallons times the number of units, a drought surcharge shall be added up to and including 100% of the customer's total monthly water bill over the allocation. (d) Commercial or institutional customer (1) A monthly water usage allocation shall be established by the City Manager or designee for each commercial or institutional customer. (2) Method of establishing allocation: a. When the combined reservoir capacity is less than 20% of total capacity (Stage 4), the commercial or institutional customer's allocation shall be 90 percent of the customer's usage for the corresponding month's billing period during the previous 12 months prior to the implementation of Stage 2 condition. b. If the customer's billing history is shorter than 12 months, the monthly average for the period for which there is a record shall be used for any monthly period for which no history exists. c. Provided, however, a customer, 90 percent of whose monthly usage is less than 6,000 gallons, shall be allocated 6,000 gallons. d. The City Manager shall give best effort to see that notice of each commercial or institutional customer's allocation is mailed to such customer. 13 e. If, however, the customer does not receive such notice, it shall be the customer's responsibility to contact the City' Utilities Billing Office to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. f. Upon request of the customer or at the initiative of the City Manager, the allocation may be reduced or increased by the City Manager, 1. if one nonresidential customer agrees to transfer part of its allocation to another nonresidential customer, or 2. if other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. (e) Industrial customers, who use water for processing. (1) A monthly water usage allocation shall be established by the City Manager or designee for each an industrial customer, which uses water for processing (e.g., an industrial customer). (2) Method of establishing allocation. I a. When the combined reservoir capacity of Choke Qanyon Reservoir and Lake Corpus Christi is less than 20% of total capacity (Stage 4)1 the industrial customer allocation shall be 90 percent of the customer's usage for the corresponding month's billing period during the previous 12 months prior to the implementation of Stage 2 condition. b. If the customer's billing history is shorter than 12 months, the monthly allocation shall be 1/12 of 90% of the customer's maximum annual contracted amount until 12 months of billing history are established. However if the industrial customer does not have a water contract and does not have at least 12 months of billing history, then the new industrial customer will provide data regarding expected water use and City will determine allocation based on 90% of expected use to determine initial allocation until 12 months of billing history are established. c. The City Manager shall give his best effort to see that (notice of each industrial customer's allocation is mailed to such customer. d. If, however, the industrial customer does not receive such notice, it shall be the customer's responsibility to contact the City Utilities Billing Office to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. 14 e. Upon request of the industrial customer or at the initiative of the City Manager, the allocation may be reduced or increased by the City Manager, if: 1. The designated period does not accurately reflect the customer's normal water usage because customer had to shut down a major processing unit for overhaul during the period. 2. The customer has added or is in the process of adding significant additional processing capacity. 3. The customer has shut down or significantly reduced the production of a major processing unit. 4. The customer has previously implemented significant permanent water conservation measures. 5. The customer agrees to transfer part of its allocation to another industrial customer. 6. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. (0 Commercial. institutional, and industrial customers shall pay the following drought surcharges: (1) Customers whose allocation is 6,000 gallons through 20,000 gallons per month: a. $5.00 per 1,000 gallons for the first 1,000 gallons over allocation. b. $5.00 per 1,000 gallons for the second 1,000 gallons over allocation. c. $16.00 per 1,000 gallons for the third 1,000 gallons over allocation. d. $40.00 for each additional 1,000 gallons over allocation. (2) Customers whose allocation is 21,000 gallons per month or more: a. One times the block rate for each 1,000 gallons in excess of the allocation up through 5 percent above allocation. b. Three times the block rate for each 1,000 gallons from 5 percent through 10 percent above allocation. c. Five times the block rate for each 1,000 gallons from 10 percent through 15 percent above allocation. 15 d. Ten times the block rate for each 1,000 gallons more than 15 percent above allocation. e. The surcharges shall be cumulative. f. As used herein, "block rate" means the charge to the customer per 1,000 gallons at the regular water rate schedule at the level of the customer's allocation. (g) Nonresidential customer is billed from a master meter. (1) When a nonresidential customer is billed from a master meter which jointly measures water to multiple residential dwelling units (for example: apartments mobile homes), the customer may pass along any surcharges assessed under this plan to the tenants or occupants, provided that: a. The customer notifies each tenant in writing: 1. That the surcharge will be passed along. 2. How the surcharge will be apportioned. 3. That the landlord must be notified immediately of any plumbing leaks. 4. Methods to conserve water (which shall be obtained from the City). b. The customer diligently maintains the plumbing system to prevent leaks. c. The customer installs water saving devices and measures (ideas for which are available from the City) to the extent reasonable and practical under the circumstances. (h) Water service to the customer may be terminated under the following conditions: (1) Monthly residential water usage exceeds allocation by 4,000 gallons or more two or more times (which need not be consecutive months). (2) Monthly water usage on a master meter which jointly measures water usage to multiple residential dwelling units exceeds allocation by 4,000 gallons times the number of dwelling units or more two or more times (which need not be consecutive months). (3) Monthly nonresidential water usage for a customer whose allocation is 6,000 gallons through 20,000 gallons exceeds its allocation by 7,000 gallons or more two or more times (which need not be consecutive months). 16 (4) Monthly nonresidential water usage for a customer whose allocation is 21,000 gallons or more exceeds its allocation by 15 percent or more two or more times (which need not be consecutive months). (5) For residential customers and nonresidential customers whose allocation does not exceed 20,000 gallons, after the first disconnection water service shall be restored upon request for a fee of $50. (6) For such customers, after the second disconnection, water service shall be restored within 24 hours of the request for a fee of $500. (7) If water service is disconnected a third time for such customer, water service (8) shall not be restored until the City re- enters a level of water conservation less than Stage 3.For master meter customers, the service restoration fees shall be the same as above times the number of dwelling units. (9) For nonresidential customers whose allocation is 21,000 gallons per month or more: a. After the first disconnection, water service shall be restored upon request for a fee in the amount of "X" in the following formula: X = $ 50 x Customer's Allocation in gallons / 20,000 gallons b. After the second disconnection for said customers, water service shall be restored within 24 hours of the request for a fee of 10 times "X ". c. If water service is disconnected a third time for such customer, water service shall not be restored until the City re- enters a level of water conservation less than Stage 3. d. The City Manager is directed to institute written guidelines for disconnection of water service under this provision, which will satisfy minimum due process requirements, if any. It shall be a defense to imposition of a surcharge hereunder, or to termination of service, that water used over allocation resulted from loss of water through no fault of the customer (for example, a major water line break) for the following conditions: 1. The customer shall have the burden to prove such defense by objective evidence (for example, a written certification of the circumstances by a plumber). 2. A sworn statement may be required of the customer. 3. This defense shall not apply if the customer failed to take reasonable steps for upkeep of the plumbing system, failed to reasonably inspect the system and discover the leak, failed to take immediate steps to correct the leak after discovered, or was in any other way negligent in causing or permitting the loss of water. 17 (j) When this section refers to allocation or water usage periods as "month," monthly," "billing period," and the like, such references shall mean the period in the City's ordinary billing cycle which commences with the reading of a meter one month and commences with the next reading of that meter which is usually the next month. (1) The goal for the length of such period is 30 days, but a variance of two days, more or less, will necessarily exist as to particular meters. (2) If the meter reader system is prevented from timely reading a meter by any obstacle which is attributable to the customer, the original allocation shall apply to the longer period without modification. Sec. 55 -155. Requests for exemptions and variances. (a) The Director of Water Operations or his designee, may, in writing, grant a temporary variance to any of the provisions for water users found in this Article XII upon determination that failure to grant such variance would cause an emergency condition adversely affecting the public health, sanitation, or fire protection for the public or person requesting such a variance. (b) A person requesting an exemption or variance from the provisions of this Ordinance shall file request on City - provided application for exemption/variance with the City Water Department within 5 days after a particular drought response stage has been invoked. All request forms shall be reviewed by the Director of Water Operations or his designee, and shall include the following: 1. Name and address of the water user(s). 2. Purpose of water use. 3. Specific provision(s) of the Ordinance from which the water user is requesting relief. 4. Detailed statement as to how the specific provision of the Ordinance adversely affects the water user or what damage or harm will occur to the water user or others if water user complies with this Plan. 5. Description of the exemption or variance requested 6. Period of time for which the exemption or variance is sought. 7. Alternative water use restrictions or other measures the water user is taking or proposes to take to meet the intent of this Plan and the compliance date. $. Other pertinent information; or as required on permit application ( c) No exemption nor variance shall be retroactive or otherwise justify any violation of this ordinance occurring prior to the issuance of the exemption/variance. 18 (d) All requests for variances /exemptions shall be reviewed and determined within three business days of receipt of complete application. (e) The Director of Water Operations or his designee shall consider requests of water users for special consideration to be given as to their respective particular circumstances and is hereby authorized to, in special cases, grant such variance from the terms of this plan if such compliance would cause an emergency condition adversely affecting the public health, sanitation, or fire protection for the public or person requesting such a variance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this plan will result in unnecessary hardship, and so that the spirit of this plan shall be observed and substantial justice done. (f) Should a permit for special exception be granted, it shall be in effect from the time of granting through the termination of the then current stage, unless revoked by the Director of Water Operations for noncompliance; provided, that the permit is prominently posted on the premises within two (2) feet of the street number located on the premises. (g) A person denied request for permit or exception from these rules may appeal the decision to the Assistant City Manager for Public Works, Utilities and Transportation by submitting written request for appeal to the Assistant City Manager within five business days from issuance of denial. The decision of the Assistant City Manager shall be fmal. (h) Violations of any permit condition may be enforced under Section 55 -156. Sec. 55 -156 Violations, penalties, and Enforcement (a) A violation under this article is a Class C misdemeanor. Any person that violates any provision of this article shall be subject to a fine of not more than five hundred dollars ($500.00) per violation per day. The culpable mental state required by Section 6.02 of the Texas Penal Code is s ecificall ne ated and dis ensed with and a violation of this article is a strict liability offense. fb) The commission of a violation of each provision, and each separate violation thereof, shall be deemed a separate offense, in and upon conviction thereof, shall be fined as hereinabove provided. (c) If any person or a second person in the same household or premises, is found guilty of a second violation of this article, the water superintendent shall be authorized to discontinue water service to the premises where such violation occurs. (d) Cases filed under this section shall be expedited and given preferential setting in municipal court before all other cases. (e) Any person whose name is on file with the utilities billing office as the customer on the water account for the property where the violation occurs or originates shall be presumed to be the violator, and proof that the violation occurred on said premises shall 19 constitute prima facie evidence that the customer committed the violation, but said customer shall have the right to show that he did not commit the violation. (f) If any person fails to respond to a citation or summons issued for a violation of this article within the time allowed, upon receipt of notice from the director or a judge of the municipal courts, the water superintendent is authorized to discontinue water service to the premises where such violation occurs. Sec. 55 -157 Effluent distribution; permit and regulations Sec. 55 -158. - Operations plan for reservoir system. To maximize the amount of water reliably available to the city and its water customers, the city manager shall operate the Lake Corpus Christi/Choke Canyon Reservoir System as follows: (1) A minimum of two thousand (2,000) acre -feet per month will be released from Choke Canyon Reservoir to meet conditions of the release agreement between the City of Corpus Christi and the Texas Parks and Wildlife Department. (2) In order to provide maximum dependable yield from the two (2) reservoirs, the water level in Lake Corpus Christi will be allowed to drop to elevation seventy -four (742 feet before water is released from Choke Canyon Reservoir in excess of the two thousand (2,000) acre -feet per month requirement. (3) Under the Agreed Order of the Texas Natural Resource Conservation Commission under Certificate of Adjudication No. 21 -3214, City shall (1) reduce targeted inflows of water to Nueces Bay to 1200 acre feet when reservoir system storage falls below forty (40) per cent of capacity, and (2) suspend targeted inflows when reservoir system storage falls below thirty (30) per cent of capacity. Sec. 55 -159. Procedures for allocating water to raw water and wholesale treated water customers on a pro rata basis during a water shortage. (a) In the event that the triggering criterion specified in Section 55 -152 for Stage 3 have been met, the City Manager, or designee, is hereby authorized to initiate allocation preparations of water supplies on a pro rata basis to raw water and wholesale treated water customers in accordance with Texas Water Code §11.039. (1) A raw water or wholesale treated water customer's monthly allocation shall be a percentage of the customer's water usage baseline. The percentage will be set by 20 resolution of the city council based on the city manager's assessment of the severity of the water shortage condition and the need to curtail water diversions and deliveries, and may be adjusted periodically by resolution of the city council as conditions warrant. Once pro rata allocation is in effect, water diversions by or deliveries to each raw water or wholesale treated water customer shall be limited to the allocation established for each month. (2)A monthly water usage allocation shall be established by the City Manager, or the City Manager's designee, for each raw water or wholesale treated water customer. The raw water or wholesale treated water customer's water usage baseline will be computed on the average water usage by month for the previous five -year period. If the raw water or wholesale treated water customer's billing history is less than five (5) years, the monthly average for the period for which there is a record shall be used for any monthly period for which no billing history exists. (3)The City Manager shall provide notice, by certified mail, to each raw water or wholesale treated water customer informing them of their monthly water usage allocations and shall notify the news media and the Executive Director of the Texas Commission on Environmental Quality upon initiation of pro rata water allocation. (4)Upon request of the raw water or wholesale treated water customer or at the initiative of the City Manager, the allocation may be reduced or increased if: a. The designated period does not accurately reflect the raw water or wholesale treated water customer's normal water usage; b. The customer agrees to transfer part of its allocation to another raw water or wholesale treated water customer; or c. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. A customer may appeal an allocation established under this section to the City Council of the City of Corpus Christi. (b) Pro Rata Surcharges and Enforcement (1) During any period when pro rata allocation of available water supplies is in effect, wholesale customers shall pay the following surcharges on excess water diversions: a. 2.0 times the normal water charge per unit for water diversions and /or deliveries in excess of the monthly allocation up through 5 percent above the monthly allocation. b. 2.5 times the normal water charge per unit for water diversions and/or deliveries in excess of the monthly allocation from 5 percent through 10 percent above the monthly allocation. 21 c. 3.0 times the normal water charge per unit for water diversions and/or deliveries in excess of the monthly allocation from 10 percent through 15 percent above the monthly allocation. d. 3.5 times the normal water charge per unit for water diversions and/or deliveries more than 15 percent above the monthly allocation. (c) Variances. (1) The city manager, or the City Manager's designee, may, in writing, grant a temporary variance to the pro rata water allocation policies provided by this section if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the public health, welfare, or safety, and if one (1) or more of the following conditions are met: a. Compliance cannot be technically accomplished during the duration of the water supply shortage or other condition for which the plan is in effect. b. Alternative methods can be implemented which will achieve the same level of reduction in water use. (2) Raw water or wholesale treated water customers requesting an exemption from the provisions of this section shall file a petition for variance with the City Manager within five (5) days after pro rata allocation has been invoked. (3) All petitions for variances shall be reviewed by the City Council, and shall include the following: a. Name and address of the petitioner(s). b. Detailed statement with supporting data and information as to how the pro rata allocation of water under the policies and procedures established in this section adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this section. c. Description of the relief requested. d. Period of time for which the variance is sought. e. Alternative measures the petitioner is taking or proposes to take to meet the intent of this section and the compliance date. f. Other pertinent information. (4) Variances granted by the City Council shall be subject to the following conditions, unless waived or modified by the City Council. a. Variances granted shall include a timetable for compliance. 22 b. Variances granted shall expire when the pro -rata allocation of water to raw water or wholesale treated water customers is no longer m effect, unless the petitioner has failed to meet specified requirements. c. No variance shall be retroactive or otherwise justify any violation of this section occurring prior to the issuance of the variance. (d) Contractual remedies not affected. Nothing in this section supersedes any remedies available to the City under any contract with a raw water or wholesale treated water customer due to the customer's failure to adopt or impose water conservation measures required by the contract. 23 Section 4. This ordinance takes effect on June 3, 2013. Section 5. Severability It is hereby declared to be the intention of the City that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such declaration shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would not have been enacted by the City without the incorporation into this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. Section 6. The change in law made by this Ordinance applies only to an offense committed on or after the effective date of this Ordinance. An offense committed before the effective date of this Ordinance is governed by the Ordinance in effect when the offense was committed, and the former Ordinance is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Ordinance if any element of the offense occurred before that date. 24 That the ,going ordinance was read for the first time and passed to its second reading on this the I [..My of jj t 420j3by the following vote: 1. 1k.' Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott 1 That the f,oTegoing ordinance was read for the second time and passed finally on this the day of V U\ ` , 1 J , by the following vote: J Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED, this the ATTEST: Chad Magill Colleen McIntyre Lillian Riojas Mark Scott day of Armando Chapa - Nelda Martinez City Secretary Mayor Jag Drought Contingency Plan 2013 City of Corpus Christi, Texas Cover photo by Fred Pena Table of Contents 1. Introduction 1 2. Declaration of Policy, Purpose, and Intent 1 3. Public Education 2 4. Coordination with Regional Water Planning Groups 2 5. Authorization 2 6. Application 3 7. Definitions 3 8. Criteria for Initiation and Termination of Drought Response Stages 4 8.1 Stage 1— Mild Water Shortage Condition 5 8.2 Stage 2 — Moderate Water Shortage Condition 5 8.3 Stage 3 — Severe Water Shortage Condition 5 8.4 Stage 4 — Critical Water Shortage Condition 5 8.4 Stage 5 — Emergency Water Shortage Condition 6 9. Drought Stages Response Notification 6 10. Drought Stage Best Management Practices and Restrictions 7 10.1. Stage 1— Mild Water Shortage Conditions 7 10.2. Stage 2 — Moderate Water Shortage Conditions 8 10.3. Stage 3 — Severe Water Shortage Conditions 9 10.4. Stage 4— Critical Water Shortage Conditions 10 10.5. Stage 5 — Emergency Water Shortage Conditions 11 11. Surcharges for Drought Stages 4 -5 and Service Measures 12 12. Allocation and Review Committee: establishment, composition, powers, and duties 18 13. Enforcement 20 14. Variances 20 15. Severability 21 16. Wholesale Drought Contingency Plan 21 16.1 Declaration of Policy, Purpose and Intent 21 16.2 Public and Wholesale Customer Involvement 21 16.3 Wholesale Customer Education 21 16.4 Coordination with Regional Planning Groups 21 16.5 Authorization 22 16.6 Application 22 16.7 Triggering Criteria or Initiation and Termination of Drought Response Stages 22 16.8 Drought Response Stages 24 16.9 Pro Rata Water Allocation 27 Table of Contents l 16.10 Pro Rata Surcharges and Enforcement 28 16.11 Variances 29 16.12 Severability 30 16.13 Reservation System Operating Plan 30 Appendices TCEQ 2001 Agreed Order on Freshwater Inflows to the Nueces Bay and Estuary 31 Reservoir Operating Plan 42 Table of Contents li Drought Contingency Plan 1. Introduction This document is the Drought Contingency Plan (DCP) for the City of Corpus Christi (City). This DCP was created so that the City can cut back demand when supplies are low so the residents have enough water to make it through a drought. This DCP clearly explains the triggers initiated by a drought and the steps to be taken during each stage of a drought. There is also information in this DCP which explains the steps to be taken in a water emergency, such as when supplies are cut off or contaminated. This DCP is different from the Water Conservation Plan (WCP) because it only takes effect when there are drought conditions. The WCP is a year -round guide, regardless of the drought conditions, and contains several regular best management practices. The DCP has been prepared in accordance with Texas Administrative Code Title 30 Chapter 288 Subchapter B Rule §288.20 for Municipal Uses by Public Water Suppliers. Since the City serves wholesale water customers, a Drought Contingency Plan for Wholesale Water Suppliers has also been included in Section 16 in accordance with Texas Administrative Code Title 30 Chapter 288 Subchapter B Rule §288.22. 2. Declaration of Policy and Reason In order to conserve the available water supply, to protect the integrity of water supply facilities with particular regard for domestic water use, sanitation, and fire protection, to protect and preserve public health, welfare, and safety, and to minimize the adverse impacts of water - supply shortage or other water - supply emergency conditions, the City hereby adopts the following regulations and restrictions on the delivery and consumptions of water. The Water Resource Management Ordinance which gives the City the authority to regulate and enforce this DCP is included as a supporting document. Water uses regulated or prohibited under this DCP are considered to be non- essential, and continuation of such uses during times of water shortage or other emergency water - supply conditions are deemed to constitute a waste of water, which subjects the offender(s) to penalties as defined in Section 13 of this DCP. Since the City first started supplying its residents with water in the 1890s, the region has experienced several periods of drought. Over the years, supplies have been added and conservation measures have been strengthened to ensure water security for the residents and businesses of the region. However, with the variability of weather patterns in South Texas and a continually growing population, it is critical that the City plans for future drought conditions. Currently, the City's water supply system is comprised of three reservoirs: Lake Corpus Christi, Choke Canyon Reservoir and Lake Texana. However, the criteria to trigger drought response stages are based on the combined capacity of Lake Corpus Christi and Choke Canyon 1 Reservoir. (See Section 8). Since Choke Canyon Reservoir filled in June 1987, the combined storage of Choke Canyon Reservoir and Lake Corpus Christi has exceeded 60% capacity only about 62% of the time. The water storage levels in Choke Canyon Reservoir and Lake Corpus Christi have generally been 2 -4% higher since Lake Texana supplies were added in October 1998. Even with three reservoirs, the City still faces drought conditions ( <50% storage levels) 16% of the time. It is because of this frequency that the following DCP has been developed. This DCP adopts measures that will dramatically cut water consumption in order to conserve water supplies. 3. Public Education A public meeting to receive comments on the DCP was held on April 17, 2013. The City will periodically provide the public with information about the DCP, including information about the conditions under which each stage of the DCP is to be initiated or terminated, and the drought response measures to be implemented in each stage. This information will be provided by utility bill inserts, notices in the Corpus Christi Caller- Times, and notice on the City's website (www.cctexas.com). Notification to the public about when drought stages go into effect or when restrictions are lifted is explained in more detail in Section 9. 4. Coordination with Regional Water Planning Groups The service area of the City of Corpus Christi is located within the Coastal Bend Regional Water Planning Area (Region N) and the City has provided a copy of this DCP to Region N in care of the Nueces River Authority. The City of Corpus Christi shall review and update, as appropriate, the DCP at least every five years based on new or updated information, such as the adoption or revision of the regional water plan. A presentation on the 2013 DCP revisions was made the Region N Water Planning Group on March 7, 2013. Minutes from the meetings will be available at http://www.nueces - ra.oro /CP /RWPG /minutes /index.php after the June 13, 2013 meeting. 5. Authorization The City Manager, or designee, is hereby authorized and directed to implement the applicable provisions of the DCP upon determination that such implementation is necessary to protect 2 public health, safety, and welfare. The City Manager, or designee, shall have the authority to initiate or terminate drought or other water supply emergency responses as described in this DCP. However, the City Manager, in the exercise of the City Manager's discretion, may initiate or terminate any stage when the City Manager deems necessary at any particular time. The City Manager shall notify the members of the City Council before implementing any measures. 6. Application The provisions of this DCP shall apply to all persons, customers, and property utilizing water provided by the City of Corpus Christi. The terms "person" and "customer" as used in the DCP include individuals, corporations, partnerships, associations, and all other legal entities. 7. Definitions For the purposes of this Chapter in this DCP, the following definitions shall apply: Aesthetic water use: water use for ornamental or decorative purposes such as fountains, reflecting pools, and water gardens. Commercial and institutional water use: water use which is integral to the operations of commercial, non - profit establishments and governmental entities such as retail establishments, hotels and motels, restaurants, and office buildings. Conservation: those practices, techniques, and technologies that reduce the consumption of water, reduce loss or waste of water, improve the efficiency in the use of water, or increase the recycling and reuse of water so that a supply is conserved and made available for future or alternative uses. Contract (end -user) water customers: a private entity that has a contract with the City to receive raw or treated water supplies for its sole use (Le. does not resell to other users). Wholesale customers: any public or private utility that has a contract with the City to receive raw or treated water supplies and authority (through contracts) to resell this water to other users. Customer: any person, company, or organization using water supplied by the City of Corpus Christi and paying a retail water bill. Domestic water use: water use for personal needs or for household or sanitary purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or institution. Industrial water use: the use of water in processes designed to convert materials of lower value into forms having greater usability and use. 3 Institutional water use: the use of water by an establishment dedicated to public service, such as a school, university, church, hospital, nursing home, prison, or government facility. All facilities dedicated to public service are considered institutional regardless of ownership. Landscape irrigation use: water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks, rights -of -way, and medians. Non - essential water use: water uses that are not essential or not required for the protection of public, health, safety, and welfare, including: • irrigation of landscape areas, including parks, athletic fields, and golf courses, except as otherwise provided under this Plan; • use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle; • use of water to wash down any impervious cover including sidewalks, walkways, driveways, parking lots, tennis courts, or other hard - surfaced areas; • use of water to wash down buildings or structures for purposes other than immediate fire protection or health reasons; • flushing gutters or permitting water to run or accumulate in any gutter or street; • use of water to fill, refill, or add to any indoor or outdoor swimming pools or jacuzzi -type pools; • use of water in an aesthetic feature including fountain or pond except where necessary to support aquatic life; • failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak; and • use of water from hydrants for construction purposes or any other purposes other than fire fighting or flushing needed to maintain chlorination levels and protect public health. 8. Criteria for Initiation and Termination of Drought Response Stages The City Manager, or designee, shall monitor water supply and/or demand conditions on a weekly basis and shall determine when conditions warrant initiation or termination of each stage of the DCP, that is, when the specified "triggers" are reached. This section explains the triggers of each stage. Best management practices and water use restrictions for each drought stage are described in Section 10. The triggering criterions in this section are minimum standards for initiation and maximum standards for termination, and the City Manager, or designee, can initiate or terminate each stage when conditions warrant. The triggering criterion to be monitored for determining drought response stages is (1) the combined reservoir storage levels of Choke Canyon Reservoir and Lake Corpus Christi, based on the TCEQ 2001 Agreed Order (amended April 17, 2001) relating to inflows into Nueces Bay and Estuary or (2), in the alternative for Stage 1, Lake Texana's level. See Appendix A. 4 8.1. Stage 1 — Mild Water Shortage Condition Requirements for initiation — Customers shall be requested to voluntarily conserve water and adhere to prescribed restrictions on certain water used when the combined storage level of Choke Canyon Reservoir and Lake Corpus Christi declines below 50 percent or Lake Texana storage level declines below 40 %. Requirement for termination — Stage 1 of the Plan may be rescinded when the combined storage level of Choke Canyon Reservoir and Lake Corpus Christi increases above 60 percent or Lake Texana storage level increases above 50 %. Either of these conditions must exist for a period of 15 consecutive days before termination of Stage 1. 8.2. Stage 2 — Moderate Water Shortage Condition Requirements for initiation — Customers shall be required to comply with the requirements and restrictions on certain non - essential water uses described in Section 10 when the combined storage level declines to below 40 percent. Requirement for termination — Stage 2 of the Plan may be rescinded when the combined storage level increases above 50 percent for a period of 15 consecutive days. Upon termination of Stage 2, Stage 1 becomes operative. 8.3. Stage 3 — Severe Water Shortage Condition Requirements for initiation — Customers shall be required to comply with the requirements and restrictions on certain non - essential water uses for Stage 3 of this DCP when the combined storage levels declines to below 30 percent. Requirement for termination — Stage 3 of the Plan may be rescinded when the combined storage level increases above 40 percent for a period of 15 consecutive days. Upon termination of Stage 3, Stage 2 becomes operative. 8.4. Stage 4 — Critical Water Shortage Condition Requirements for initiation — Customers shall be required to comply with the requirements and restrictions on certain non- essential water uses for Stage 4 of the Plan when the combined storage levels declines to below 20 percent. Requirement for termination — Stage 4 of the Plan may be rescinded when the combined storage level increases above 30 percent for a period of 15 consecutive days. Upon termination of Stage 4, Stage 3 becomes operative. 5 8.5. Stage 5 — Emergency Water Shortage Condition Requirements for initiation — Customers shall be required to comply with requirements and restrictions for Stage 5 of this Plan when the City Manager, or designee, determines that a water supply emergency exists based on: • A major water line breaks, or pump or system failures occur, which causes unprecedented loss of capability to provide water service; or • Water production or distribution system limitations; or • Natural or man -made contamination of the water supply source occurs. Requirement for termination — The emergency water shortage condition may be rescinded when the City Manager, or designee, deems appropriate. 9. Drought Stages Response Notification The City Manager, or designee, shall monitor water supply and/or demand conditions on a weekly basis and, in accordance with the triggering criteria set forth in Section 8 of this Chapter, shall determine that a mild, moderate, severe, critical, or emergency water shortage condition exists and shall implement the following notification procedures. Notification of the Public: The City Manager, or designee, shall notify the public for every change in drought stage status by any or all of the following: • City's website (www.cctexas.com) • Publication in the Corpus Christi Caller -Times • Notice on the monthly billing • Public Service Announcements • Signs posted in public places Additional Notification: The City Manager, or designee shall, at a minimum, notify directly, or cause to be notified directly, the following individuals and entities for every change in drought stage status: • Mayor and members of the City Council • Fire Chief • City and/or County Emergency Management Coordinator • County Judge and Commissioner(s) • Major water users (such as industries) • Critical water users (such as hospitals) • Parks /street superintendents and public facilities managers 6 • Texas Commission on Environmental Quality (TCEQ) — note TCEQ executive director MUST be informed within five (5) business days of mandatory water use restrictions being imposed 10. Drought Best Management Practices Per Stage A summary of water use reduction targets for each drought stage response is presented in the following table. Further discussion on best management practices and implementation practices associated with each stage of response is included below. During Stages 2, 3, and 4, requests for exceptions may be presented to the Water Allocation and Review Committee. Drought Stage Response CCRILCC Combined Reservoir Storage Level Target Demand Reduction Levels Stage 1 -Mild <50% or if Lake Texana is <40% 5% Stage 2- Moderate <40% 10% Stage 3- Severe <30% 15% Stage 4- Critical <20% 30% Stage 5- Emergency Not Applicable 50% 10.1. Stage 1 Response — MILD Water Shortage Conditions Target: Achieve a voluntary 5% reduction in daily treated water demand relative to treated water demand with the water use restrictions below. Best Management Practices for Supply Management: The City will enact voluntary measures to reduce or discontinue the flushing of water mains if practicable and utilize reclaimed water for non - potable uses to the greatest extent possible. The City will prioritize sources of supply not impacted by drought conditions, when available, including interruptible supplies from Lake Texana during times when Lake Texana water level is at or above 43 feet mean sea level in accordance with Lavaca - Navidad River Authority (LNRA) contract. Water Use Restrictions for Reducing Demand (a) Water customers are requested to voluntarily limit the irrigation of landscaped areas to once per week. The City Manager, or designee, will determine the watering schedule. (b) All operations of the City of Corpus Christi shall adhere to water use restrictions prescribed for Stage 2 of the Plan. (c) Water customers are requested to practice water conservation and to minimize or discontinue water use for non - essential purposes. 7 10.2. Stage 2 Response — MODERATE Water Shortage Conditions Target: During Stage 2, achieve a 10% reduction in daily treated water demand relative to treated water demand with the water use restrictions below. Best Management Practices for Supply Management: In addition to the best management practices for supply management listed under Stage 1, the City will also do the following during Stage 2: • Use more repair crews if necessary to allow for a quicker response time for water -line leak repair; and • City crews (Water and other departments) begin monitoring customers' compliance with Stage 2 restrictions during the course of their daily rounds. Water Use Restrictions for Demand Reduction Under threat of penalty for violation, the following water use restrictions shall apply to all persons during Stage 2: a) Irrigation of Landscaped areas with hose -end sprinklers or automatic irrigation systems shall be limited to once per week. The watering schedule will be determined by the City Manager or designee. Customers will be made aware of their designated watering day in accordance with Section 9. However, irrigation of landscaped areas is permitted on any day if it is by means of a hand -held hose (with positive shutoff nozzle), a faucet filled bucket or watering can of five (5) gallons or less, or drip irrigation system with a positive shutoff device. Exceptions for this restriction may be permitted, upon review and approval by the Water Allocation and Review Committee, for the following uses: new plantings (for up to 60 days), vegetable gardens, athletic playing fields, and botanical gardens. In addition, this restriction does not apply to customers irrigating with well water or an aerobic septic system. Customers irrigating with well water or an aerobic septic system must apply for a permit from the City Water Department to be prominently posted on the premises within two (2) feet of the street number located on the premises. b) Use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle is prohibited except on designated watering days. However, washing of boats and/or flushing of boat motors is permitted upon immediate exit of water body. Such washing, when allowed, shall be done with a hand -held bucket or a hand -held hose equipped with a positive shutoff nozzle for quick rinses. Vehicle washing may be done at any time on the immediate premises of a commercial car wash. Further, such washing may be exempted from these regulations upon review by the Water Allocation and Review Committee if the health, safety, and welfare of the public are contingent upon frequent vehicle cleansing, such as garbage trucks and vehicles used to transport food and perishables. Washing of boats and/or flushing of boat motors is permitted upon immediate exit of water body. 8 c) Use of water to fill, refill, or add to any indoor or outdoor swimming pools, wading pools, or Jacuzzi -type pools is prohibited except on designated watering days. d) Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life. e) Use of water from hydrants shall be limited to fire fighting, related activities, or other activities necessary to maintain public health, safety, and welfare, except that use of water from designated fire hydrants for construction purposes may be allowed under special permit from the City of Corpus Christi Water Department. f) Use of water for the irrigation of golf course greens, tees, and fairways is prohibited except on designated watering days. However, if the golf course utilizes a water source other than that provided through City of Corpus Christi Water Department infrastructure, the facility shall not be subject to these regulations. g) The use of water to maintain integrity of building foundations is limited to designated watering days and is only permitted by use of hand -held hose or drip irrigation. h) The following uses of water are defined as non - essential and are prohibited: a. Wash -down of any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard - surfaced areas; b. Use of water to wash down buildings or structures for purposes other than immediate fire protection without permit granted by the Water Allocation and Review Committee; c. Use of water for dust control without permit without permit granted by the Water Allocation and Review Committee; 10.3. Stage 3 Response — SEVERE Water Shortage Conditions Target: During Stage 3, achieve a 15% reduction in total daily treated water demand relative to treated water demand with the water use restrictions below. Best Management Practices for Supply Management: In addition to the best management practices for supply management listed under Stage 2, the City will also do the following during Stage 3: • Eliminate the flushing of water mains unless required for decontamination and /or public safety; and • Review customers' water usage for compliance based on the previous month's water use and notify violators verbally or in writing as the situation dictates. Water Use Restrictions for Demand Reduction: All requirements of Stage 2 shall remain in effect during Stage 3 except as modified below: a) Irrigation of landscaped areas shall be limited to once every other week. The watering schedule will be determined by the City Manager or designee. 9 Customers will be made aware of their designated watering day. However, irrigation of landscaped areas is permitted on any day if it is by means of a hand- held hose (with positive shutoff nozzle), a faucet filled bucket or watering can of five (5) gallons or Tess, or drip irrigation system with a positive shutoff device. Exceptions for this restriction may be permitted, upon review and approval by the Water Allocation and Review Committee, for the following uses: new plantings (for up to 60 days), vegetable gardens, athletic playing fields, and botanical gardens. In addition, this restriction does not apply to customers irrigating with well water or an aerobic septic system. Customers irrigating with well water or an aerobic septic system shall still apply for a permit from the City Water Department to be prominently posted on the premises within two (2) feet of the street number located on the premises. b) The watering of golf course fairways is prohibited. The watering of greens and tees are limited to once every other week unless the golf course utilizes a water source other than that provided through City of Corpus Christi Water Department infrastructure or done by means of hand -held hoses, hand -held buckets, or drip irrigation. Optional Measures During Stage 3, the following measures are optional water use restrictions that may be implemented by the City Manager, or designee as conditions warrant: a) The use of water for construction purposes from designated fire hydrants under special permit is to be discontinued. b) For residential and multi -unit . customers, a drought surcharge of up to and including 100% of the current water rate may be added to the customers' bill to deter discretionary water use, as explained in Section 11. 10.4. Stage 4 Response — CRITICAL Water Shortage Conditions Target: During Stage 4, achieve a 30% or greater reduction in daily treated water demand relative to treated water demand with the water use restrictions below. An additional surcharge will be added to each utility bill during Stage 4 water shortage conditions to discourage discretionary water use, as described in Section 11 for retail customers and Section 16.10 for wholesale customers. Best Management Practices for Supply Management: In addition to the best management practices for supply management listed under Stage 3, the City will also do the following during Stage 4: • Upon written notice, disconnect the water meters of willful violators if absolutely necessary to prevent the deliberate wasting of water. Water Use Restrictions for Demand Reduction: 10 All requirements of Stage 2 and 3 shall remain in effect during Stage 4 except as modified below: a) Irrigation of landscaped areas shall be prohibited at all times. b) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle not occurring on the premises of a commercial car wash stations and not in the immediate interest of public health, safety, and welfare is prohibited. c) The filling, refilling, or adding of water to swimming pools, wading pools, and jacuzzi -type pools, and water parks (unless non -city, alternative source) is prohibited. d) The use of water to maintain the integrity of a building foundation is still permitted on the designated Stage 3 watering day. Optional Measure: During Stage 4, the following measures are optional water use restrictions that may be implemented by the City Manager, or designee, as conditions warrant: a) No application for new, additional, expanded, or increased -in -size water service connections, meters, service lines, pipeline extensions, mains, or water service facilities of any kind shall be approved, and time limits for approval of such applications are hereby suspended for such time as this drought response stage shall be in effect. b) For residential and multi -unit customers, a drought surcharge of up to and including 100% of the current water rate may be added to the customers' bill to deter discretionary water use, as explained in Section 11. 10.5. Stage 5 Response — EMERGENCY Water Shortage Conditions Target: During Stage 5, achieve a 50% or greater reduction in daily treated water demand relative to treated water demand with the below water use restrictions. Surcharges and reduced allocations are enforceable during Stage 5 water shortage conditions, as described in Section 13. During emergency conditions such as system outage or supply source contamination, or supply sources draining empty, alternative water sources and/or alternative delivery mechanisms may be necessary with prior approval of the City Manager. For emergency water shortage conditions associated with contamination of Nueces Basin stored supplies, the City, under the City Manager's direction, will cease pumping from the Nueces River and will contact the LNRA to identify additional, temporary water that may be available from Lake Texana on a short-term basis to meet essential water needs. For emergency water shortage conditions associated with contamination of Lake Texana supplies, the City, under the City Manager's direction, will cease pumping from the Mary Rhodes Pipeline. 11 Best Management Practices for Supply Management: in addition to the best management practices for supply management listed under Stage 4, the City will also do the following: • Cali the 10 largest water customers in the area affected by the emergency condition, and if necessary, use runners in key areas to begin spreading the message of a major outage. Water Use Restrictions for Demand Reduction: During Stage 5, all requirements of Stage 2, 3, and 4 shall remain in effect during Stage 5 except as modified below: a) Irrigation of landscaped areas is absolutely prohibited. b) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is absolutely prohibited. c) Associated uses of business process water shall, such as equipment washing, shall be deferred until the Stage 5 emergency has been terminated. Optional Measure: During Stage 5, the following measure is an optional water use restriction that may be implemented by the City Manager, or designee, as conditions warrant: a) For residential and multi -unit customers, a drought surcharge of up to and including 100% of the current water rate may be added to the customers' bill to deter discretionary water use, as explained in Section 11. 11. Surcharges for Drought Stages 3 — 5 and Service Measures (a) General 1. The surcharges established herein are solely intended to regulate and deter the use of water during a period of serious drought in order to achieve necessary water conservation. The City Council expressly finds that the drought poses a serious and immediate threat to the public and economic health and general welfare of this community, and that the surcharges and other measures adopted herein are essential to protect said public health and welfare. 2. This section, and the surcharges and measures adopted herein are an exercise of the City's regulatory and police power, and the surcharges and connection fees are conservation rates intended to meet fixed costs as a result of lost revenue. 3. The City Manager is authorized to determine trigger points and surcharges during Stage 5 Emergency Water Shortage conditions. 12 4. In this section, institutional customer means city utility customer which operates as a not - for - profit entity. (b) Residential water customers, who are not billed through a master water meter. 1. A monthly water usage trigger point shall be established by the City Manager or designee for residential customers. This trigger point is the maximum amount of water that a customer can use in a month before being charged a drought rate surcharge. 2. The drought surcharge can be up to and including 100% of the most current water rate. 3. The drought surcharge will be added to the most current rate at each block. (c) Residential customers who are billed from a master water meter. 1. A monthly water usage trigger point shall be established by the City Manager or designee for each customers. This trigger point is the maximum amount of water that a customer can use in a month before being charged a drought rate surcharge. 2. The drought surcharge can be up to and including 100% of the most current water rate. 3. The drought surcharge will be added to the most current rate at each block. (d) Commercial or institutional customer 1. A monthly water usage allocation shall be established by the City Manager or designee for each commercial or institutional customer. 2. Method of establishing allocation: a. When the combined reservoir capacity is less than 20% of total capacity (Stage 4), the commercial or institutional customer's allocation shall be 90 percent of the customer's usage for the corresponding month's billing period during previous 12 months prior to the implementation of Stage 2. b. If the customer's billing history is shorter than 12 months, the monthly average for the period for which there is a record shall be used for any monthly period for which no history exists. c. Provided, however, a customer, 90 percent of whose monthly usage is less than 6,000 gallons, shall be allocated 6,000 gallons. d. The City Manager shall give their best effort to see that notice of each commercial or institutional customer's allocation is mailed to such customer. 13 e. If, however, the customer does not receive such notice, it shall be the customer's responsibility to contact the City' Utilities Billing Office to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. f. Upon request of the customer or at the initiative of the City Manager, the allocation may be reduced or increased, g. (1) if one nonresidential customer agrees to transfer part of its allocation to another nonresidential customer, or (2) if other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. A customer may appeal an allocation established hereunder to the Water Allocation and Review Committee on grounds of unnecessary hardship. (e) Industrial customers, who use water for processing. 1. A monthly water usage allocation shall be established by the City Manager or designee for each an industrial customer, which uses water for processing (e.g., an industrial customer). 2. Method of establishing allocation. a. When the combined reservoir capacity is Tess than 20% of total capacity (Stage 4), the industrial customer allocation shall be 90 percent of the customer's usage for the corresponding month's billing period during the previous 12 months prior to the implementation of Stage 2 d. If the customer's billing history is shorter than 12 months, the monthly average for the period for which there is a record shall be used for any monthly period for which no history exists. e. The City Manager shall give his best effort to see that notice of each industrial customer's allocation is mailed to such customer. f. If, however, the customer does not receive such notice, it shall be the customer's responsibility to contact the City Utilities Billing Office to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. g. Upon request of the customer or at the initiative of the City Manager, the allocation may be reduced or increased, if: 14 1. The designated period does not accurately reflect the customer's normal water usage because customer had shut down a major processing unit for overhaul during the period. 2. The customer has added or is in the process of adding significant additional processing capacity. 3. The customer has shut down or significantly reduced the production of a major processing unit. 4. The customer has previous!y implemented significant permanent water conservation measures. 5. The customer agrees to transfer part of its allocation to another industrial customer. 6. Other objective evidence demon trates that the designated allocation is inaccurate under presant conditions. h. A customer may appeal an allocation established under this provision to the Water Allocation and Review (Committee on grounds of unnecessary hardship. The Water Allocation and Review Committee powers and duties are described in Section 12. Commercial, institutional, and industrial customers shall pay the following surcharges: 1. Customers whose allocation is 6,000 gallons through 20,000 gallons per month: a. $5.00 per 1,000 gallons for the first 1,000 g lions over allocation. b. $8.00 per 1,000 gallons for the second 1,000 gallons over allocation. c. $16.00 per 1,000 gallons for the third 1,000 gallons over allocation. d. $40.00 for each additional 1,000 gallons over allocation. 2. Customers whose allocation is 21,000 gallons per month or more: a. One times the block rate for each 1,000 gallons in excess of the allocation up through 5 percent above allocation. b. Three times the block rate for each 1,000 gallons from 5 percent through 10 percent above allocation. c. Five times the block rate for each 1 ,000 gallons from 10 percent through 15 percent above allocation. 15 d. Ten times the block rate for each 1,000 gallons more than 15 percent above allocation. e. The surcharges shall be cumulative. f. As used herein, "block rate" means the charge to the customer per 1,000 gallons at the regular water rate schedule at the level of the customer's allocation. (g) Nonresidential customer is billed from a master meter. 1. When a nonresidential customer is billed from a master meter which jointly measures water to multiple residential dwelling units (for example: apartments, mobile homes), the customer may pass along any surcharges assessed under this plan to the tenants or occupants, provided that: a. The customer notifies each tenant in writing: 1. That the surcharge will be passed along. 2. How the surcharge will be apportioned. 3. That the landlord must be notified immediately of any plumbing leaks. 4. Methods to conserve water (which shall be obtained from the City). b. The customer diligently maintains the plumbing system to prevent leaks. c. The customer installs water saving devices and measures (ideas for which are available from the City) to the extent reasonable and practical under the circumstances. (h) Water service to the customer may be terminated under the following conditions: 1. Monthly residential water usage exceeds allocation by 4,000 gallons or more two or more times for any individual month after the implementation of Stage 4. Also, the two months need not be consecutive months. 2. Monthly water usage on a master meter which jointly measures water usage to multiple residential dwelling units exceeds allocation by 4,000 gallons times the number of dwelling units or more two or more times (which need not be consecutive months). 16 3. Monthly nonresidential water usage for a customer whose allocation is 6,000 gallons through 20,000 gallons exceeds its allocation by 7,000 gallons or more two or more times (which need not be consecutive months). 4. Monthly nonresidential water usage for a customer whose allocation is 21,000 gallons or more exceeds its allocation by 15 percent or more two or more times (which need not be consecutive months). 5. For residential customers and nonresidential customers whose allocation does not exceed 20,000 gallons, after the first disconnection water service shall be restored upon request for a fee of $50. 6. For such customers, after the second disconnection, water service shall be restored within 24 hours of the request for a fee of $500. 7. If water service is disconnected a third time for such customer, water service shall not be restored until the City re- enters a level of water conservation less than Stage 3. 8. For master meter customers, the service restoration fees shall be the same as above times the number of dwelling units. 9. For nonresidential customers whose allocation is 21,000 gallons per month or more: a. After the first disconnection water service shall be restored upon request for a fee in the amount of "X" in the following formula: X = $ 50 x Customer's Allocation in gallons / 20,000 gallons b. After the second disconnection for said customers, water service shall be restored within 24 hours of the request for a fee of 10 times "X ". c. If water service is disconnected a third time for such customer, water service shall not be restored until the City re- enters a level of water conservation less than Stage 3. d. The City Manager is directed to institute written guidelines for disconnection of water service under this provision, which will satisfy minimum due process requirements, if any. (i) It shall be a defense to imposition of a surcharge hereunder, or to termination of service, that water used over allocation resulted from loss of water through no fault of the customer (for example, a major water line break) for the following conditions: 17 1. The customer shall have the burden to prove such defense by objective evidence (for example, a written certification of the circumstances by a plumber). 2. A sworn statement may be required of the customer. 3. This defense shall not apply if the customer failed to take reasonable steps for upkeep of the plumbing system, failed to reasonably inspect the system and discover the leak, failed to take immediate steps to correct the leak after discovered, or was in any other way negligent in causing or permitting the Toss of water. (j) When this section refers to allocation or water usage periods as "month," monthly," "billing period," and the like, such references shall mean the period in the City's ordinary billing cycle which commences with the reading of a meter one month and commences with the next reading of that meter which is usually the next month. 1. The goal for the length of such period is 30 days, but a variance of two days, more or less, will necessarily exist as to particular meters. 2. If the meter reader system is prevented from timely reading a meter by any obstacle which is attributable to the customer, the original allocation shall apply to the longer period without modification. 12. Allocation and Review Committee: establishment, composition, powers, and duties. (a) The Water Allocation and Review Committee ( "Committee ") may, in writing, grant a temporary variance to any of the provisions for water users found in this Plan upon Committee determination that failure to grant such variance would cause an emergency condition adversely affecting the public health, sanitation, or fire protection for the public or person requesting such a variance. (b) A person requesting an exemption from the provisions of this Ordinance shall file an exemption request on City- provided application for variance with the City Water Department within 5 days after a particular drought response stage has been invoked. All exemption request forms shall be reviewed by the Committee, and shall include the following: 1. Name and address of the water user(s). 2. Purpose of water use. 3. Specific provision(s) of the Ordinance from which the water user is requesting relief. 18 4. Detailed statement as to how the specific provision of the Ordinance adversely affects the water user or what damage or harm will occur to the water user or others if water user complies with this Plan. 5. Description of the exemption requested 6. Period of time for which the exemption is sought. 7. Alternative water use restrictions or other measures the water user is taking or proposes to take to meet the intent of this Plan and the compliance date. 8. Other pertinent information; or as required on permit application (c) No exemption shall be retroactive or otherwise justify any violation of this Plan occurring prior to the issuance of the exemption. (d) The Water Allocation and Review Committee ( "Committee ") shall be composed of seven (7) members: the Assistant City Manager for Public Works and Utilities, the Director of Public Health, a representative of industry, a representative of business or commerce, one non - profit representative, and two citizens of the city. The industry, business, non - profit, and citizen members shall be appointed by the Mayor and Council and shall serve at the pleasure of the City Council. In addition, seven (7) alternate members shall be appointed. Each alternate shall serve in place of his/her respective regular Committee member whenever that regular Committee member is unavailable to participate. The City Manager shall appoint alternates for the Assistant City Manager for Public Works and Utilities and the Director of Public Health. The Mayor and Council shall appoint alternates for the industry, business, non - profit, and citizen members of the Committee. Alternate members appointed shall have qualifications similar to those of their respective regular member. An alternate serving in place of a regular Committee member shall exercise the same powers and have the same duties as a regular member. (e) The Committee shall consider requests of water users for special consideration to be given as to their respective particular circumstances and the Committee shall hear and decide such requests in an open meeting and is hereby authorized to, in special cases, grant such variance from the terms of this plan if such compliance would cause an emergency condition adversely affecting the public health, sanitation, or fire protection for the public or person requesting such a variance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this plan will result in unnecessary hardship, and so that the spirit of this plan shall be observed and substantial justice done. (f) Should a permit for special exception be granted by such Committee, it shall be in effect from the time of granting through the termination of the then current stage, unless revoked by the Committee for noncompliance; provided, that the permit is prominently posted on the premises within two (2) feet of the street number located on the premises. (g). Should written protest be received in the Office of the City Secretary after the granting of any such special permit, the Committee shall consider the revocation of 19 such permit and shall reconsider the granting of such permit at a public hearing, notice of which shall have been given at least 72 hours prior to the holding of such hearing After the conclusion of such hearing, the Committee shall take such action by way of revocation of such permit, or refusal to revoke the same, or modification of such permit as the Committee may deem proper under the circumstances. (h) Complaints regarding noncompliance of any permit granted by the Committee shall be submitted through the City Water Department to the Committee for its review. The Committee, after notice and opportunity to be heard, may decide to revoke or modify the permit, or leave the permit in place. Violations of any permit condition may be enforced under Section 13. 13. Enforcement (a) A violation under this article is a Class C misdemeanor. Any person that violates any provision of this article shall be subject to a fine of not more than five hundred dollars ($500.00) per violation per day. The culpable mental state required by Section 6.02 of the Texas Penal Code is specifically negated and dispensed with and a violation of this article is a strict liability offense. (b) The commission of a violation of each provision, and each separate violation thereof, shall be deemed a separate offense, in and upon conviction thereof, shall be fined as hereinabove provided. (c) If any person or a second person in the same household or premises, is found guilty of a second violation of this article, the water superintendent shall be authorized to discontinue water service to the premises where such violation occurs. (d) Cases filed under this section shall be expedited and given preferential setting in municipal court before all other cases. (e) Any person whose name is on file with the utilities billing office as the customer on the water account for the property where the violation occurs or originates shall be presumed to be the violator, and proof that the violation occurred on said premises shall constitute prima facie evidence that the customer committed the violation, but said customer shall have the right to show that he did not commit the violation. (f) If any person fails to respond to a citation or summons issued for a violation of this article within the time allowed, upon receipt of notice from the director or a judge of the municipal courts, the water superintendent is authorized to discontinue water service to the premises where such violation occurs. 14. Variances A temporary variance for existing water uses otherwise prohibited under this DCP may be obtained through the Allocation and Review Committee process outlined in Section 12. 20 15. Severability It is hereby declared to be the intention of the City that the sections, paragraphs, sentences, clauses, and phrases of this Plan are severable and, if any phrase, clause, sentence, paragraph, or section of this Plan shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such declaration shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Plan, since the same would not have been enacted by the City without the incorporation into this Plan of any such unconstitutional phrase, clause, sentence, paragraph, or section. 16. Wholesale Drought Contingency Plan 16.1 Declaration of Policy, Purpose, and Intent In order to conserve the available water supply and/or to protect the integrity of water supply facilities, with particular regard for domestic water use, sanitation, and fire protection, and to protect and preserve public health, welfare, and safety and minimize the adverse impacts of water supply shortage or other water supply emergency conditions, the City of Corpus Christi (City) adopts the following Wholesale Drought Contingency Plan (the Plan). 16.2 Public and Wholesale Customer Involvement Opportunity for the wholesale water customers to provide input into the preparation of the Plan was provided by the City by means of supplying the Contracting Parties with a copy of the Plan and receiving comments by email. The public was invited to view and make comments on the Plan by placement of the Plan on a public website and a public meeting held on April 17, 2013 at City Hall. The Plan was adopted under the open meetings requirement of the TCEQ during the May 28, 2013 City Council meeting. 16.3 Wholesale Water Customer Education The City will periodically provide wholesale customers with information about the Plan, including information about conditions under which each stage of the Plan is to be initiated or terminated and drought response measures to be implemented in each stage. This information will be distributed by providing a copy of the Plan to each wholesale water customer. 16.4 Coordination with Regional Water Planning Groups The water service area of City of Corpus Christi and its wholesale water customers is located within the Coastal Bend Planning Region (Region N) and the City has provided a copy of the Plan to Region N. The City of Corpus Christi shall review and update, as appropriate, the drought contingency plan at least every five years based on new or updated information, such as the adoption or revision of the regional water plan. 21 16.5 Authorization • The City of Corpus Christi City Manager, or designee, is hereby authorized and directed to implement the applicable provisions of this Plan upon determination that such implementation is necessary to protect public health, safety, and welfare. Wholesale customers are subject to the plan under their contracts with the City. The City Manager, or designee, shall have the authority to initiate or terminate drought or other water supply emergency response measures as described in this Plan. The City Manager shall notify the TCEQ within five (5) business days of any mandatory water use restrictions being enacted. 16.6 Application The provisions of this Plan shall apply to all customers utilizing water provided by the City on a wholesale basis. The terms "person" and "customer" as used in the Plan include individuals, corporations, partnerships, associations, and all other legal entities. The provisions of this Plan shall apply to all customers utilizing water provided by the City on a wholesale basis. The terms "person" and "customer" as used in the Plan include individuals, corporations, partnerships, associations, and all other legal entities. Every wholesale water contract entered into, renewed or modified after official adoption of this Plan (by either ordinance, resolution, or tariff) shall include language relating to the City of Corpus Christi Water Conservation Plan and Drought Contingency Plan, adopted under Ordinance Number 55 -151 to impose similar restrictions, surcharges or rationing measures on their customers. To the extent of its legal authority, the City of Corpus Christi shall require its wholesale customers to implement outdoor watering restrictions similar to those of the City for each drought response stage. The City requires that any contract for the resale of water furnished to wholesale water contractors shall contain a similar condition. 16.7 Triggering Criteria for Initiation and Termination of Drought Response Stages The City of Corpus Christi City Manager, or designee, shall monitor water supply and/or demand conditions on a weekly basis and shall determine when conditions warrant initiation or termination of each stage of the Plan. Customer notification of the initiation or termination of drought response stages will be made by email, mail, or telephone. The news media will also be informed by the City. The triggering criterion to be monitored for determining drought response stages is the combined reservoir storage levels of Choke Canyon Reservoir and Lake Corpus Christi. The combined storage levels selected are based on the TCEQ 2001 Agreed Order on Freshwater Inflows to the Nueces Bay and Estuary (amended April 17, 2001). See Appendix A. The triggering criterions in this section are minimum standards for initiation and maximum standards 22 for termination, and the City Manager, or designee, can initiate or terminate each stage when conditions warrant. (a)Stage 1 — MILD Water Shortage Condition Requirements for initiation — The City will recognize that a mild water shortage condition exists when the combined storage level declines below 50 percent or Lake Texana storage level declines below 40 %. Requirement for termination — Stage 1 of the Plan may be rescinded when the combined storage level of Choke Canyon Reservoir and Lake Corpus Christi increases above 60 percent or Lake Texana storage level increases above 50 %. Either of these conditions must exist for a period of 15 consecutive days before termination of Stage 1. (b)Stage 2 — MODERATE Water Shortage Condition Requirements for initiation — The City will recognize that a moderate water shortage condition exists when the combined storage level declines below 40 percent. Requirement for termination — Stage 2 of the Plan may be rescinded when the combined storage level increases above 50 percent for a period of 15 consecutive days. Upon termination of Stage 2, Stage I becomes operative. The City will notify its wholesale customers and the media of the termination of Stage 2 in the same manner as the notification of initiation of Stage 1 of the Plan. (c)Stage 3 — SEVERE Water Shortage Condition Requirements for initiation — The City will recognize that a severe water shortage condition exists when the combined storage levels declines to below 30 percent. Requirement for termination — Stage 3 of the Plan may be rescinded when the combined storage level increases above 40 percent for a period of 15 consecutive days. Upon termination of Stage 3, Stage 2 becomes operative. The City will notify its wholesale customers and the media of the termination of Stage 3. (d)Stage 4 — CRITICAL Water Shortage Condition Requirements for initiation — The City will recognize that a severe water shortage condition exists when the combined storage levels declines to below 20 percent. Requirement for termination — Stage 4 of the Plan may be rescinded when the combined storage level increases above 30 percent for a period of 15 consecutive days. Upon termination of Stage 4, Stage 3 becomes operative. The City will notify its wholesale customers and the media of the termination of Stage 4. (e)Stage 5 — EMERGENCY Water Shortage Condition Requirements for initiation — The City will recognize that an emergency water shortage condition exists when any of the following occur: i. A major water line breaks, or pump or system failures occur, which cause unprecedented loss of capability to provide water service; or il. Water production or distribution system limitations; or iii. Natural or man -made contamination of the water supply source occurs. Requirement for termination — The emergency water shortage condition may be rescinded when the City of Corpus Christi City Manager, or designee, deems appropriate. The City will notify its wholesale customers and the media of the 23 termination of emergency shortage condition in the same manner as the notification of initiation of Stage 1 of the Plan. 16.8 Drought Response Stages The City of Corpus Christi City Manager, or designee, shall monitor water supply and /or demand conditions and, in accordance with the triggering criteria set forth in Section 16.7, shall determine that mild, moderate, or severe water shortage conditions exist or that an emergency condition exists and shall implement best management practices accordingly. For water contracts between the City and wholesale customers with specific reductions based on stage, wholesale water customers are to implement measures to achieve water use reduction targets specified in the contract. For other contracts, required adoption of a Drought Contingency Plan should strive to achieve the water use reduction targets for each drought stage response presented in the following table. Further discussion on best management practices and implementation practices associated with each stage of response is described below. Drought Stage Response Reservoir Storage Level Target Demand Reduction Levels Stage 1- Mild <50% or if Lake Texana is <40% 5% Stage 2- Moderate <40% 10% Stage 3- Severe <30% 15% Stage 4- Critical <20% 30% Stage 5- Emergency Not Applicable 50% Stage 1 — MILD Water Shortage Conditions Target: Achieve a voluntary 5 percent reduction in daily water demand for each wholesale customer utilizing City's water supply system. Best Management Practices for Supply Management: • The City will voluntarily coordinate with the necessary agencies to ensure that unnecessary releases of water from the Reservoir System are minimized, including leakage from gates or outlet works. • The City will encourage each wholesale water customer to utilize alternative water sources voluntarily such as interconnections with another water system, temporary use of a water supply other than from the City's system, or use of reclaimed water for non - potable purposes, etc. Water Use Restrictions for Reducing Demand: • The City Manager, or designee, will contact wholesale water customers to discuss water supply and /or demand conditions and will request that wholesale water customers initiate voluntary measures to reduce water use (e.g. implement Stage 1 of the customer's drought contingency plan). • The City Manager, or designee, will provide a regular report to the news media with information regarding current water supply and/or demand conditions, 24 projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices. Stage 2 — MODERATE Water Shortage Conditions Target: Achieve a 10 percent reduction in daily water demand for each wholesale customer utilizing City's water supply system. Best Management Practices for Supply Management: • The City will coordinate with the necessary agencies to ensure that unnecessary releases of water from the Reservoir System are minimized. • The City will encourage each wholesale water customer to utilize alternative water sources such as interconnections with another water system, temporary use of a water supply other than from the City's system, use of reclaimed water for non- potable purposes, etc. Water Use Measures for Reducing Demand: • The City of Corpus Christi City Manager, or designee, will initiate contact with wholesale water customers to discuss water supply and/or demand conditions and the possibility of pro rata curtailment of water diversions and /or deliveries. • The City of Corpus Christi City Manager, or designee, will request wholesale water customers to initiate mandatory measures to reduce non - essential water use (e.g. implement Stage 2 of the customer's drought contingency plan). • The City Manager, or designee, will provide a regular report to the news media with information regarding current water supply and /or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices. Other Actions to be Taken: • The City will notify, in writing, operators of recreational facilities to consider issuance of signs near boat ramps and in public parks notifying the public that the Reservoir System is operating at Tess than 40 percent of its conservation pool volume, and that a Stage 2 Drought Response level has been declared. The City will recommend that operators post information to the public regarding Stage 2 of the Drought Contingency Plan and possible boating safety hazards due to decreasing Reservoir levels. Stage 3 — SEVERE Water Shortage Conditions Target: Achieve a 15 percent reduction in daily water demand for each wholesale customer utilizing City's water supply system. Best Management Practices for Supply Management: • The City will coordinate with the necessary agencies to ensure that unnecessary releases of water from the Reservoir System are minimized. • The City will encourage each wholesale water customer to utilize alternative water sources such as interconnections with another water system, temporary 25 use of a water supply other than from the City's system, use of reclaimed water for non - potable purposes, etc. Water Use Measures for Reducing Demand: • The City of Corpus Christi City Manager, or designee, will contact wholesale water customers to discuss water supply and/or demand conditions and will request that wholesale water customers initiate additional mandatory measures to reduce non - essential water use (e.g. implement Stage 3 of the customer's drought contingency plan). • The City of Corpus Christi City Manager, or designee, will initiate preparations for the implementation of pro rata curtailment of water diversions and/or deliveries in accordance with Texas Water Code §11.039 by preparing a monthly water usage allocation baseline for each wholesale customer according to procedures specified in 16.9 of the Plan. • The City of Corpus Christi City Manager, or designee, will provide a regular report to the news media with information regarding current water supply and /or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices. Other Actions to be Taken: • The City will notify, in writing, operators of recreational facilities to consider issuance of signs near boat ramps and in public parks notifying the public that the Reservoir System is operating at less than 30 percent of its conservation pool volume, and that a Stage 3 Drought Response level has been declared. The City will recommend that operators post information to the public regarding Stage 3 of the Drought Contingency Plan and possible boating safety hazards due to decreasing Reservoir levels. Stage 4 — CRITICAL Water Shortage Conditions Target: Achieve a 30 percent reduction in daily water demand for each wholesale customer utilizing City's water supply system. Best Management Practices for Supply Management: • The City will coordinate with the necessary agencies to ensure that unnecessary releases of water from the Reservoir System are minimized, including leakage from project gates. • The City will encourage each wholesale water customer to utilize alternative water sources such as interconnections with another water system, temporary use of a water supply other than from the City's system, use of reclaimed water for non - potable purposes, etc. Water Use Restrictions for Reducing Demand: • The City of Corpus Christi City Manager, or designee, will contact wholesale water customers to discuss water supply and /or demand conditions and will request that wholesale water customers initiate additional mandatory measures 26 to reduce non - essential water use (e.g. implement Stage 4 of the customer's drought contingency plan). • The City of Corpus Christi City Manager, or designee, will initiate pro rata curtailment of water diversions and/or deliveries for each wholesale customer according to the procedures specified in Section 16.9 of the Plan in accordance with Texas Water Code §11.039. • The City of Corpus Christi City Manager, or designee, will provide a regular report to the news media with information regarding current water supply and/or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices. Other Actions to be Taken: • The City will notify, in writing, operators of recreational facilities to consider issuance of signs near boat ramps and in public parks notifying the public that the Reservoir System is operating at less than 20 percent of its conservation pool volume, and that a Stage 4 Drought Response level has been declared. The City will recommend that operators post information to the public regarding Stage 4 of the Drought Contingency Plan and possible boating safety hazards due to decreasing Reservoir levels. Stage 5 -- EMERGENCY Water Shortage Conditions Whenever emergency water shortage conditions exist as defined in Section 16.7 of the Plan, the City of Corpus Christi City Manager, or designee, shall: • Assess the severity of the problem and identify the actions needed and the time required to solve the problem. • Inform the utility director or other responsible official of each wholesale water customer by telephone, email, or in person and suggest actions, as appropriate to alleviate problems (e.g., notification of the public to reduce water use until service is restored). • If appropriate, notify city, county, and /or state emergency response officials for assistance. • Undertake necessary actions, including repairs and /or clean-up as needed. • Prepare a post -event assessment report on the incident and critique of emergency response procedures and actions. 16.9 Pro Rata Water Allocation In the event that the triggering criteria specified in Section 16.7 of the Plan for Stage 4 have been met, the City of Corpus Christi City Manager, or designee, is hereby authorized to implement allocation of water supplies on a pro rata basis to raw water and treated wholesale customers in accordance with Texas Water Code §11.039. The initiation of pro rata allocation preparations shall begin during Stage 3. A provision will be included in every wholesale water contract entered into or renewed after adoption of the plan, including contract extensions, that in 27 case of a shortage of water resulting from drought, the water to be distributed shall be divided in accordance with Texas Water Code §11.039. (1) A raw water or wholesale treated water customer's monthly allocation shall be a percentage of the customer's water usage baseline. The percentage will be set by resolution of the city council based on the city manager's assessment of the severity of the water shortage condition and the need to curtail water diversions and deliveries, and may be adjusted periodically by resolution of the city council as conditions warrant. Once pro rata allocation is in effect, water diversions by or deliveries to each raw water or wholesale treated water customer shall be limited to the allocation established for each month. (2) A monthly water usage allocation shall be established by the City Manager, or the City Manager's designee, for each raw water or wholesale treated water customer. The raw water or wholesale treated water customer's water usage baseline will be computed on the average water usage by month for the previous five -year period. If the raw water or wholesale treated water customer's billing history is less than five (5) years, the monthly average for the period for which there is a record shall be used for any monthly period for which no billing history exists. (3) The City Manager shall provide notice, by certified mail, to each raw water or wholesale treated water customer informing them of their monthly water usage allocations and shall notify the news media and the Executive Director of the Texas Commission on Environmental Quality upon initiation of pro rata water allocation. (4) Upon request of the raw water or wholesale treated water customer or at the initiative of the City Manager, the allocation may be reduced or increased if: a. The designated period does not accurately reflect the raw water or wholesale treated water customer's normal water usage; b. The customer agrees to transfer part of its allocation to another raw water or wholesale treated water customer; or c. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. A customer may appeal an allocation established under this section to the City Council of the City of Corpus Christi. 16.10 Pro Rata Surcharges and Enforcement During any period when pro rata allocation of available water supplies is in effect, wholesale customers shall pay the following surcharges on excess water diversions: • 2.0 times the normal water rate per unit in excess of the monthly allocation up through 5 percent above the monthly allocation. 28 • 2.5 times the normal water rate in excess of the monthly allocation from 5 percent through 10 percent above the monthly allocation. • 3.0 times the normal water rate in excess of the monthly allocation from 10 percent through 15 percent above the monthly allocation. • 3.5 times the normal water rate more than 15 percent above the monthly allocation. 16.11 Variances The City Manager, or designee, may, in writing, grant a temporary variance to the pro rata water allocation policies provided by this Plan if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the public health, welfare, or safety and if one or more of the following conditions are met: (1) Compliance with this Plan cannot be technically accomplished during the duration of this water supply shortage or other condition for which the Plan is in effect. (2) Alternative methods can be implemented which will achieve the same level of reduction in water use. Persons requesting an exemption from the provisions of this Plan shall file a petition for variance with the City Manager within 5 days after pro rata allocation has been invoked. All petitions for variances shall be reviewed by the City Manager, or designee, and shall include the following: (1) Name and address of the petitioner(s). (2) Detailed statement with supporting data and information as to how the pro rata allocation of water under the policies and procedures established in the Plan adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this Ordinance. (3) Description of the relief requested. (4) Period of time for which the variance is sought (5) Alternative measures the petitioner is taking or proposes to take to meet the intent of this Plan and the compliance date. (6) Other pertinent information. Variances granted by the City shall be subject to the following conditions, unless waived or modified by the City. (1) Variances granted shall include a timetable for compliance with allocation requirements. (2) Variances granted shall expire when the Plan is no longer in effect, unless the petitioner has failed to meet specified requirements. No variance shall be retroactive or otherwise justify any violation of this Plan occurring prior to the issuance of the variance. 29 16.12 Severabittty It is hereby declared to be the intention of the City that the sections, paragraphs, sentences, clauses, and phrases of this Plan are severable and, if any phrase, clause, sentence, paragraph, or section of this Plan shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such declaration shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Plan, since the same would not have been enacted by the City without the incorporation into this Plan of any such unconstitutional phrase, clause, sentence, paragraph, or section. 16.13 Reservoir System Operating Plan Because all of the wholesale customers rely on the reservoir systems for their supplies, they are subject to the Reservoir Operating Plan. A copy of this is included in Attachment B. 30 TEXAS NATURAL RESOURCE CONSERVATION COMMISSION AN AGREED ORDER Amending the operational procedures and continuing an Advisory Council pertaining to Special Condition 5.B., Certificate of Adjudication No. 21 -3214; Docket No. 2001- 0230 -WR On April 4, 2001, came to be considered before the Texas Natural Resource Conservation Commission' ( "Commission ") the Motion by the City ofCorp'us Christi andNueces River Authority for the adoption of an amendment to the Agreed Order issued April 28,1995, establishing operating procedures pertaining to Special Condition S.B., Certificate of Adjudication No. 21 -3214, held by the City of Corpus Christi, the Nueces River Authority, and the City of Three Rivers" _(the two cities and river authority shall be referred to herein as "Certificate Holders "). The Certificate Holders and the Executive Director ofthe Texas Natural Resource Conservation Commission have agreed.to the provisions of this Agreed Order.. The City of Corpus Christi (managing entity) requests that Section 2 of this Agreed Order be amended to add further detail to the provisions regarding the use ofwater for bays and estuaries and to make changes in the required passage of inflows for the bays and estuaries automatic.'at'40 percent and 30 percent of total reservoir system capacity upon institution of mandatoryoutdoor watering restrictions. Additionally, Certificate Holders request the most recent bathymetiic be used for determining reservoir system storage capacity. The Certificate Holders request details be added regarding provisions for two projects to enhance /augment the amount of freshwater going into the receiving estuary and timelines for those projects. After considering the proposals and the.presentations of the parties, the Commission finds that it has authority to establish operational procedures under Special Condition S.B. of Certificate . of Adjudication No. 21 -3214, and that operational procedures previously established should -be amended. The Commission finds that, because of the need to continue to monitor the ecological environment and health of related living marine resources ofthe estuaries. to assess the effectiveness of freshwater inflows provided by requirements contained in this Agreed Order relating, toreleases and spills from Choke.Canyon Reservoir and Lake Corpus Christi (collectively.refered:to as'the . . Reservoir System); as well as return flows, and to evaluate. potential impacts which may occurtoPthe:: reservoirs as well as to the availability of water to meet the needs of the Cer tificate< Holders and their customers which may result from those operational procedures, the existing advisory council should be Maintained to consider such additional information and related issues and to formulate recommendations for the Commission's review. The Commission additionally finds that based on the preliminary application of the Texas Water Development Board's Mathematical Programming Optimization Model, (GRG-2); 138,000 acre -feet of fresh water is necessary to achieve maximum harvest in the Nueces Estuary; and, therefore, when water is- impounded in the Lake Corpus Christi -Choke Canyon Reservoir System to the extent greater than 70 percent of the system's storage capacity, the delivery of 138,000 31 acre -feet of water to Nueces Bay and/or the Nueces Delta, by a combination of releases and spills, together with diversions and return flows noted below, should be accomplished; and that during periods when the reservoir system contains less than 70 . percent storage capacity, reductions in releases and spills,. along with diversions and return flows, are appropriate in that a satisfactory level of marine harvest will be sustained 'and the .ecological health of the receiving estuaries will be maintained. The Commission finds that return flows, other than to Nueces Bay and/or the Nueces Delta, that are delivered to Corpus Christi Bay and other receiving estuaries are currently in the assumed mount of 54,000 acre -feet per annum (per calendar year), and that they shall be credited at this amount until such time • as it is shown that actual return flows to Corpus Christi Bay and other receiving estuaries exceed 54,000 acre -feet per annum. The Commission finds that by contractual relationships, the City of Corpus Christi is the managing entity for operating the Reservoir System. The Commission finds that the Motion by the City of Corpus Christi and Nueces River Authority to Amend this Agreed Order is reasonable and should be granted. Benefits of the proposed diversion project and operating changes will include increased water supply, increased reservoir storage levels, increased positive flow events for Rincon Bayou and the upper Nueces Delta, increased sources of nitrogen for the upper delta, and lower'' salinity. levels in the-upper delta. When the Commission uses the word "release" in this Order, release means spills, inflow passage, intentional releases, and return flows; provided, however, under this Order no release from storage is required to meet conditions of this Order. By consenting to the issuance of this Agreed Order, no party admits or denies any claim, nor waives with respect to any subsequent proceeding any interpretation or argument which may be contrary to the provisions of this Agreed Order. NOW, THEREFORE, BE IT ORDERED BY THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION THAT: • 1. • a: • • .The City of Corpus Christi, as operator of the Choke Canyon/Lake .Corpus Christi ''.reseirvoirs.(the "Reservoir.System "), shall provide not less than 151,000 acre -feet of water per annum (per calendar year) for the estuaries by a combination of releases and spills from the Reservoir System at Lake Corpus Christi Dam and return flows • to Nueces and Corpus Christi Bays and other receiving estuaries (including such credits as may be appropriate for diversion of river flows and/or return flows to the Nueces Delta and/or Nueces Bay), as computed and to the extent provided forherein. b. . When water impounded in the Reservoir System is greater than or equal to 70 percent of storage capacity, a target amount of 138,000 acre -feet is to be delivered 1()MIKEEvtiorittltinsDntpccotilimufftstriOiRom Page 2 of 11 32 the Reservoir Systems as well as diversions and return flows. In accordance with the monthly schedule and except as provided otherwise in this Agreed Order, target inflows to Nueces Bay and/or the Nueces Delta shall be in the acre -foot amounts as follow:.. • January 2,500 July 6,500 February 2,500 August 6,500 March 3,500 September 28,500 April 3,500 October 20,000 May 25,500 November 9,000 June 25,500 December 4,500 It is expressly provided, however, that releases from Reservoir System storage shall not be required to satisfy the above targeted inflow amounts, as calculated in Subparagraph d. c. When water impounded in the Reservoir System is less than 70 percent but greater than or equal to 40 percent of storage capacity, a targeted amount of 97,000 acre -feet is to be delivered to Nueces Bay . and/or the Nueces Delta by a combination of releases and spills from the Reservoir System as well as diversions and return flows. In accordance: with •the monthly schedule and except as provided otherwise in this Agreed Order, target inflows to .Nueces Fay and/or the Nueces Delta shall be in the acre -foot amounts as follows: January 2,500 July 4,500 February 2,500 August • 5,000 March 3,500 September 11,500 April 3,500 October 9,000 May 23,500 November 4,000 June 23,000 December 4,500 It is expressly provided, however, that releases from Reservoir System storage shall not be required to satisfy the above targeted inflow amounts as calculated in Subparag aph d. d. . The amounts of water required in subpara graphs 1.b. and 1.c. will consist of return flows, and intentional diversions, as well as spills and releases from the Reservoir System as defined in this subparagraph. For purposes of compliance with monthly targeted amounts prescribed above, the spills and releases described in this paragraph shall be measured at the U.S. Geological Survey stream monitoring station on the Nueces River at Calallen, Texas (USGS Station No. 08211500). Any inflows, including measured wastewater effluent and rainfall runoffrneeting lawful discharge standards which are intentionally diverted to the upper Nueces Delta region, shall be credited toward the total inflow amount delivered to Nueces Bay and/or the Nueces Page 3' of 11 33 Delta. Inflow passage from the Reservoir System for the purpose of compliance with the monthly targeted amounts prescribed in subparagraphs 1.b. and 1.c. shall in no case exceed the estimated inflow to Lake Corpus Christi as if there were no impoundment of inflows at Choke Canyon Reservoir. The estimated inflow to Lake Corpus. Christi as if there were no impoundment of inflows at Choke. ,Canyon Reservoir shall be computed as the sure of the flows measured at the U.S. Geological Survey (USGS) STREAMFLOW GAGING STATIONS ON THE Nueces River near Three Rivers (USGS No. 08210000), Frio River at . Tilden, Texas (USGS No. 08206600), and San Miguel Creek near Tilden, Texas (USGS No. 08206700) less computed releases and spills from Choke Canyon Reservoir. e. The passage of inflow necessary to meet the monthly targeted allocations may be distributed over the calendar month in a manner to be determined by the City. Relief from the above requirements shall be available under subparagraphs (1) or (2) below and Section 2.(b) and 3.(c) at the option of the City of Corpus Christi. However, passage of inflow may only be reduced under one of those subparagraphs below, for any given month. (1) Inflows to Nueces Bay and/or the Nueces Delta in excess of the required monthly targeted amount may be credited for up to fifty (50) percent of the targeted requirement for the following month, based on the amount received. (2) When the mean salinity in Upper Nueces Bay (Lat. 27 °51'02 ", Long. 97 °28'52 ") for a .10 -day period, ending at any time during the calendar month for which the reduction of the passage of inflow is sought, is below the SUB *, pass through of inflow from the reservoir system for that same calendar month may be reduced as follows: (a) For any month other than May, June, September and October, if 5 parts per thousand (ppt) below the SUB for the month, a reduction of 25% of the current month's targeted Nueces Bay inflow; If 10 ppt below the SUB for the month, a reduction of 50 % of the current month's targetedNueces Bay inflow except that credit under this provision. is limited to 25 % diningth-months of May, June, September and October; : . (b) * "SUB" means "salinity upper bounds" as set forth more specifically in Section 3.b. (0) If 15 ppt below the SUB for that month, a reduction of 75% of the current month's targeted Nueces Bay inflow. Page4of 11 34 f. The City of Corpus Christi shall submit monthly reports to the Commission containing daily inflow amounts provided to the Nueces Estuary in accordance with this Agreed Order through releases, spills, return flows and other freshwater inflows. • Certificate holders are to provide in any future contracts or any amendments,•: modifications or changes to existing contracts the condition that all wholesale - customers and any subsequent wholesale customers shall develop and have in effect awater conservation and drought management plan consistent with Commission rule. The City of Corpus. Christi shall solicit from its customers and report to the Commission annually the result of conservation under the City's plan, the customers' plans, and the feasibility of implementing conservation plans and programs for all users of water from the reservoir system. This report shall be submitted with the Certificate Holder's annual water use report as provided by 31 T.A.C. §295.202. b. The Certificate Holders may reduce targeted Nueces Bay inflows during times of prolonged drought in accordance with this subparagraph 2. (1) When the combined storage in the Choke Canyon/Lake Corpus Christi reservoir system (Reservoir System Storage) falls below 50% of the total system storage capacity, the City of Corpus .Christi shall issue public notice advising and .informing the water users of the region of voluntary conservation measures that are requested immediately and required drought management measures to be taken should the Reservoir. System Storage -fall to under 40% and/or 30% of total. system :storage capacity. To the extent of its legal authority, the City of Corpus Christi shall require its wholesale customers to issue public notice advising and informing the water users ofthe region ofvoluntary conservation measures that are requested immediately and required drought management measures to be taken should the Reservoir System Storage fall to under 40 % and/or 30% of total system storage capacity. (2) In any month when Reservoir System Storage is, less than 40 %, but equal to or greater than 30% of total. system storage capacity, the City of Corpus Christi shall implement time of day outdoor watering restrictions and shall reduce targeted inflows-to Nueces Bay to 1,200 acre -feet per month (1,200 acre-feet per month represents the quantity ofwater that is the median inflow into Lake Corpus Christi during the drought of record). Time of day outdoor watering restrictions prohibit lawn watering between the hours of 10:00 o'clock a.rn. and 6:00 o'clock p.m. and are subject to additional conditions as described in the City of Corpus Christi's approved "Water Conservation and Drought ContingencyPlan ( "Plan ")." To the extent ofits legal authority, the City of Corpus Christi shall require its wholesale customers to implement time of day outdoor watering restrictions similar to those of the City. Page 5 of 11 35 (3) In any month when Reservoir System Storage is less than 30% of total system storage capacity, the City of Corpus Christi shall implement a lawn watering schedule in addition to time of day outdoor watering restrictions (see subparagraph 2.b.(2)) and. shall suspend the _passage of inflow from the Reservoir System for targeted inflows to Nueces Bay. •However, return flows directed into Nueces Bay and/or the Nueces Delta shall continue. The lawn watering schedule shall allow customers to water lawns no oftener than every five days, subject to the time of day restrictions described in subparagraph 2.b.(2) and any additional conditions as described in the City's Plan. (4) Certificate Holders' may implement whole or partial suspension of the passage of inflow through the reservoir as described above when the City implements, and requires its customers to implement, water conservation and drought management measures at diminished Reservoir System levels, as set forth in subparagraphs b.(2) and b.(3). c. For purposes of this Agreed Order, Reservoir System storage capacity shall be determined by the most recently completed bathymetric survey of each reservoir. As of 2001, completed bathymetric surveys of each reservoir reports conservation storage capacities of 695,271 acre -feet (below 220.5 feet mean sea level) for Choke Canyon Reservoir (Volumetric Survey of Choke Canyon Reservoir, TWDB September 23, 1993) and 241,241 acre -feet (below 94 feet mean sea level) for Lake Corpus Christi (Regional Water Supply Planning Study-Phase 1 Nueces River Basin, HDR, December, 1990). d. Percentage of the Reservoir System capacity shall be determined on a daily basis and shall govern, in part, the inflow to be passed through the reservoir during the remaining days of the month. e. Within the first ten days of each month, the City of Corpus Christi shall submit to the Commission a monthly report containing the daily capacity ofthe Reservoir System in percentages and mean sea levels as recorded for the previous month as well as reservoir surface areas and estimated inflows to Lake Corpus Christi assuming no impoundment of inflows at Choke .Canyon Reservoir. The report shall indicate which gages . or measuring devices were used to determine Reservoir System capacity and estimate inflows to Lake Corpus Christi: f. Concurrent with implementing subparagraphs 2.b.(I) through 2.b.(3), the City shall proceed to: 1. Acquire land rights to properties necessary to re-open the Nueces River Overflow Channel and make the Nueces River Overflow Channel and Rincon Bayou Overflow Channel permanent features ofthe RinconBayou Diversion; Page 6 of 11 36 g. 2. Construct and operate a conveyance facility to deliver up to 3,000 acre -feet per month of required Reservoir System "pass- throughs" directly from the Calallen Pool into the Upper Rincon Bayou by use of one or two of the five authorized points of diversion under. Certificate of Adjudication No. 2464, being the. existing San.Patricio Municipal Water District point of diversion and/or a point on the North bank of 'the Calallen Pool located at Latitude. 27.8823 °N, Longitude. 97.5254 °W, also bearing 5 27° 24' W, 4,739 feet from the southwest corner of the J.H.W. Ottman Survey, Abstract No. 212, SanPatricio County, Texas, where the water will be pumped at the maximum rate of 45,000 gpm; and 3_ Implement an on -going monitoring and assessrnent program designed to. facilitate an "adaptive management" prow= for freshwater inflows into the Nueces Estuary. . 4. Construction necessary to implement subparagraph 2.f.1. shall be accomplished by December 31, 2001 and work necessary to accomplish subparagraph 2.f.2. shall be accomplished by December 31, 2002. 5. In the event the City fails to timely complete the work set forth in subparagraphs 2.f 1. and 2.f.2., this amendment shall automatically terminate andthe provisions of the Agreed Order of Aprii28, 1.995 shall be reinstated and become operative despite this ammendmeitt, unless the Executive Director grants a modification after considering-the recommendations of the Nueces Estuary Advisory Council. The Executive Director is delegated authority to make Modifications to subparagraph 2.f, after considering the recommendations oftheNueces Estuary Advisory Council. . However, changes maybe made through this process only with the City's consent if the changes result /in increased costs to the City. 'lithe Executive Director makes modifications to subparagraph 2.£ as authorized in this paragraph, any affected person. may file. With the chief clerk a motion for reconsideration' of theExecutive Director's action no later.than 23 days after the date 'the Executiv4 Director mails. noticeofthe ,m,odificationto the City. This motion shall • be considered under the provisions of 30Texas Administrative,Code § 50.39(d) and " (e), h. The City shall obtain all necessary permits from the .Commission before beginning these projects. The deadlines set out above include time necessary to apply for, process and, if necessary, complete hearings on these permits. 3. a. The City of Corpus Christi, with the assistance and/or participation of federal, state • and local entities, shall maintain a monitoring program to assess the effect of this . Page 7 of 11 37 operating plan on Nueces Bay. The cornerstone of this program is the development of a salinity monitoring program. The program shall include at least two monitoring stations, one in upper Nueces Bay (Lat. 27'51'02", Long.-97'28'52") and one in mid • Nueces Bay (Lt. :2.7 °51'25 Long. 97 °25'28 ") with the capability of providing Continuous salinity and/or conductivity.data, temperature; pH, and dissolved oxygen levels. Additional stations may be established at the recommendation of the Advisory Council (continued by paragraph 4 of this Agreed Order) to assess inflow effects throughout the estuarine system, but the City shall not be obligated to establish such additional stations except to the extent authorized by its City Council. b. The City of Corpus Christi or its designated representatives shall monitor salinity levels in Upper and Mid - Nueces Bay. The lower (SLB) and upper (SUB) salinity bounds (in parts per thousand -ppt) developed for application of the Texas Estuarine Mathematical Programming Model and considered appropriate for use herein, are as follows: SLB SUB SLB SUB. January 5 30 July 2 25 February 5 30 August 2 25 March 5 . 30 ' September 5 . 20 April _ • 5 • ' . 30 .October ' 5 • 30 May 1 20 November 5 30 • June 1 - • 20 • December 5 30 c. When the average salinity for the third week (the third week includes the seven days from the 15th through 21st) of any month is at or below the subsequent month's established SLB for upper Nueces Bay (Lat. 27°51'02", Long. 97°28'52"), no releases from the Reservoir System to satisfy targeted Nueces Bay inflow mounts shall be required for that subsequent month. d. All data collected as a result of the monitoring program required by paragraph 3 of this Agreed Order shall be submitted monthly to the Commission within the first ten days of the immediately following month.. The Nueces Estuary Advisory Council shall study the feasibility.of developing a method of granting credits for_inflows. which exceed the required amounts- to replace the credits that are set out in subparagraph 1.e.(1) and make recommendations to the Commission for possible implementation. That method shall have as its goal the maintenance of the proper ecological environment and health of related living marine resources and the provision of maximum reasonable credits towards monthly inflow requirements. 4. a. To assist the Commission in monitoring implementation of this Order and making recommendations to the Commission relating to any changes to this Agreed Order and the establishment of future operating procedures, the Nueces Estuary Advisory Page a-of 11 38 Council shall be continued. Its members shall include, but are not limited to a qualified representative chosen by each of the following entities or groups: the Executive Director of the TexasNatural Resource Conservation Commission, whose representative shall serve as chairthe Texas Water Development Board; the Texas Parks and Wildlife Department; the Texas Department of Health; the General Land Office; the holders of Certificate of Adjudication No. 21 -3214 (the Cities-of Corpus Christi and Three Rivers and the Nueces River Authority; the University of Texas Marine Science Institute; Texas A &M University - Corpus Christi; Save Lake Corpus Christi; Corpus Christi Chamber of Commerce; the City of Mathis; Coastal Bend Bays and .Estuaries Program, Inc.; a commercial bay fishing group; a conservation group (e.g: the Sierra Club and the Coastal Bend Bays Foundation); wholesale water suppliers who are customers of the Certificate 'Holders (e.g., the South Texas Water Authority and the San Patricia Municipal Water District); the Port of Corpus Christi Authority; and a representative of industry. The representatives should have experience and knowledge relating to current or future water use and management or environmental and economic needs of the Coastal Bend area. b. No modification shall be made to this Order without the unanimous consent of the Certificate Holders, except to the extent provided by law. c. Matters to be studied by the Nueces Estuary Advisory Council .and upon which the Executive Director shall certify recommendations to the Commission -shall include, but are not limited to: (1) (2) (3) the effectiveness ofthe inflow requirements contained in this Agreed Order on Nueces Estuary and any recommended changes; the effect of the releases from the Reservoir System upon the aquatic and wildlife habitat and other beneficial and recreational uses of Choke Canyon Reservoir and Lake Corpus Christi; the development and implementation of a short and long -term regional water management plan for the Coastal, Bend Area • • • (4) the salinity level to be applied in Paragraphs 1.e. and 3:c., at which targeted inflows in the subsequent month may be suspended; the feasibility of discharges at locations where the increased biological productivity justifies an inflow credit computed by multiplying the amount of discharge by a number greater than one; and development of a methodology for granting credits for inflows which exceed the required amount to replace the credits that are set out in subparagraph 1.e.. That methodology shall have as its•goal the maintenance ofthe proper ecological (5) Page 9of 11 39 environment and health ofrelated living marine resources and the provision of maximum reasonable credits towards monthly inflow requirements; and, .(6) _ any other.matter pertinent to the conditions contained in this Agreed Order. Page l0 of •11 40 • G. 5. This Agreed Order shall remain in effect until amended or superseded by the Commission. Issuectdate: • a6;:PR '5 2001: ". • TEXAS NATURAL RESOURCE CONSERVATION COMMISSION R bert J. ton, eLirrnan Page 11 of 11 41 OPERATIONS PLAN FOR THE LAKE CORPUS CHRISTI -CHOKE CANYON RESERVOIR SYSTEM The following operations plan for the Lake Corpus Christi —Choke Canyon Reservoir water system provides for the two reservoirs to be operated as a regional water supply with primary purpose to be furnishings a dependable supply to the people in the Coastal Bend area. The plan also recognizes the need for the recreational facilities for public use and the Texas Water Commission adjudicated water permit which requires a minimum flow of 151,000 acre -feet of water annually to bays and estuaries from return flows, spills, or fresh water releases from Lake Corpus Christi once Choke Canyon Reservoir fills. The Plan consists of four phases of operation depending on the water levels in the two reservoirs. PHASE I - This phase applies only to the initial filling period of Choke Canyon Reservoir. It is necessary that this reservoir be filled at the earliest opportunity so that all structures and mechanical equipment can be tested. Initial filling of the reservoir also triggers the requirement that minimal flows be made available for bays and estuaries. 1. During the initial period, only the releases requires required by agreement between the City of Corpus Christi and the Texas Parks and Wildlife Department, varying between 15 and 33 cubic feet per second depending on the reservoir level, will be made unless Lake Corpus Christi elevation falls below elevation 86 feet. 2. If water user demand is less than 200,000 acre -feet annually and Lake Corpus Christi is at elevation 86 feet, water will be released from Choke Canyon to maintain this elevation until Choke Canyon Reservoir falls to elevation 184 feet. 3. When Lake Corpus Christi has fallen to elevation 86 feet and Choke Canyon has fallen to elevation 184 feet, Lake Corpus Christi will be allowed to drop to elevation 76 feet, at which time water will be released from Choke Canyon to allow user's intake structures at Lake Corpus Christi to be used. 4. Should water user demand excess 200,000 acre -feet annually, the water level of Lake Corpus Christi will be allowed to drop to elevation 76 feet prior to releases from Choke Canyon Reservoir. PHASE II - This phase applies after Choke Canyon Reservoir is filled and water user demand is less than 150,000 acre -feet annually. 1. A minimum of 2,000 acre -feet per month will be released from Choke Canyon Reservoir to meet conditions of the release agreement between City of Corpus Christi and the Texas Parks and Wildlife Department. 42 PHASE 111 - PHASE IV - 2. Whenever Lake Corpus Christ water surface falls to elevation 88 feet and Choke Canyon Reservoir surface elevation is above 204 feet, releases will be made from Choke Canyon Reservoir to maintain Lake Corpus Christi surface at elevation 88 feet. 3. Whenever Lake Corpus Christi water surface is at or below elevation 88 feet and Choke Canyon Reservoir surface elevation is below 204 feet, the Choke Canyon release for the current month is made equal to the Lake Corpus Christi release from the preceding month. This minimizes drawdown at Lake Corpus Christi for recreation purposes and promotes a more constant quality of water by mixing Choke Canyon Reservoir releases with Lake Corpus Christi content. This phase applies after Choke Canyon Reservoir is filled and water user demand is between 150,000 and 200,000 acre -feet annually. During this period, water release plan prepared by the Bureau of Reclamation will be followed to produce a dependable yield of 252,000 acre -feet. 1. A minimum of 200,000 acre -feet per month will be releases from Choke Canyon Reservoir to meet conditions of the release agreement between the City of Corpus Christi and the Texas Parks and Wildlife Department. 2. Whenever Lake Corpus Christi water surface is at or below elevation 88 feet, and the ratio of Choke Canyon Reservoir content to Lake Corpus Christi content (both at the end of the preceding month) exceeds the corresponding ratio with 6 -foot drawdown at both reservoirs, the Choke Canyon Reservoir release for the current month is made equal to the Lake Corpus Christi release during the preceding month. This equalizes drawdown at the two reservoirs for recreation purposes and promotes a more constant quality of water by mixing Choke Canyon Reservoir releases with Lake Corpus Christi content. This phase applies after Choke Canyon Reservoir is filled, water user demand exceeds 200,000 acre -feet annually, and developed long -term supply is less than 300,000 acre - feet annually. 1. A minimum of 2,000 acre -feet per month will be released from Choke Canyon Reservoir to meet conditions of the release agreement between the City of Corpus Christi and the Texas Parks and Wildlife Department. 2. In order to provide maximum dependable yield from the two reservoirs, the water level in Lake Corpus Christi will be allowed to drop top elevation 74.0 feet (Ordinance Changed #022661) before water is released from Choke Canyon Reservoir in excess of the 2,000 acre -feet per month requirement. When the elevation of Choke Canyon Reservoir drops to 155 feet, Lake Corpus Christi will be lowered to its minimum elevation. 43 LAKE CORPUS CHRISTI -CHOKE CANYON RESERVOIR STATISTICAL DATA Water Elevation Minimum Functional Capacity, Acre -Feet* When Full, Feet Elevation, Feet Lake Corpus Christi 272,000 94.0 76.0 Choke Canyon Reservoir 692,000 220.5 147.5 Intake Structure Elevations of Customers Withdrawing Water Directly from Lake Corpus Christi: Elevation, Feet City of Mathis Beeville Water Authority Alice Water Authority City of Corpus Christi Annual Lake Corpus Christi Withdrawals: 73.0 74.0 67.0 55.0 Fiscal Year Total Withdrawn From Lake, Acre -Feet 1975 -76 86,416 1976 -77 86,408 1977 -78 101,596 1978 -79 96,029 1979 -80 106,851 1980 -81 104,657 1981 -82 107,002 1982 -83 107,348 1983 -84 119,701 1984 -85 90,226 1985 -86 105,469 * 1 acre -foot = 325,850 gallons 44 Water Conservation Plan 2013 City of Corpus Christi, Texas *Cover Photo credit to Fred Pena* Table of Contents 1.. Introduction 1 1.1. Background of the Water Department 1 1.2. Purpose of the Plan 2 1.3. Public Involvement 2 1.4.Organization of the Water Conservation Plan 2 2. Supply Profile 4 2.1. Supply Sources 4 2.2. Potential Future Sources 7 2.3. Water Customers 7 2.4. Water Treatment Plant 8 2.5. Distribution 8 2.6. Master Meter 8 2.7. Wastewater Utility Profile 8 3. Demand Profile 9 3.1. Current population 9 3.2. Raw Water Diversions 10 3.3. Other Raw Water Demands 11 3.4. Treated Water Demands 11. 3.5. Seasonal Demands 13 3.6. Projected Populations and Demands 14 4. Goals 16 4.1. Benefits of conservation. 16 4.2. Water planning /conservation goals 16 4.3. Five and ten -year quantifiable conservation goads 17 4.4. Schedule for Implementing Plan 18 5. Water Conservation Practices 20 5.1. Introduction 20 5.2. Water Conservation Measures 20 5.2.1. Prohibition on Wasting Water. 21 5.2.2. Irrigation Timing 21 5.2.3. Restaurant Water Saving 21 5.3. Future Updates to Codes 21 5.4. Landscape Standard 22 Table of Contents 5.5. Rebates and Incentive Programs 23 5.5.1. Plumbers to People. 23 5.5.2. Rainwater Harvesting Rebates 23 5.5.3. Irrigation Consultation Program. 23 5.6. City -Led Programs 24 5.6.1. Use of Reclaimed Water. 24 5.6.2. Improvements to City -Owned Properties 25 5.6.3. Identifying and Repairing Leaks. 25 5.6.4. Park Water Conservation 25 5.6.5. Metering All Connections 26 5.6.6. Record Management. 26 5.6.7. System Water Audit and Water Loss. 27 5.6.8. Water Conservation Staff 28 5.7. Education 28 5.7.1. School Education. 29 5.7.2. Public Information 30 5.7.3. Water -Wise Landscape Design and Conservation Program. 32 5.8. Water Conservation Pricing 33 5.9. Coordination with Region N (Coastal Bend) Water Planning Group 33 5.10. Method to Monitor the Effectiveness of the Conservation Plan 34 5.11. Means of Implementation and Enforcement 34 5.12. Reservoir Systems and Operating Plan 34 6. Wholesale Customer Conservation 35 6.1.Introduction 35 6.2. Wholesale Customer Targets and Goals 35 6.3. Metering, Monitoring, and Records Management 36 6.4. Leak Detection and Repair 36 6.5. Contractual Requirements 36 6.6. Reservoir System Operating Plan 38 Appendices A. Water and Wastewater Utility Profile 39 B. TCEQ 2001 Agreed Order on Freshwater Inflows. 54 C. Corpus Christi Water Rates 65 D. Reservoir Operating Plan 66 Table of Contents ii Water Conservation Plan 1. Introduction This Water Conservation Plan (WCP) is a guidebook and reference manual for the City of Corpus Christi Water Department, its partners and customers. This introduction chapter outlines the background of the City of Corpus Christi's Water Department, the purpose and reasoning of the WCP, expected results, and an overview of its layout and organization. 1.1 Background of the Water Department The City of Corpus Christi Water Department is a water utility that has been in operation for over 100 years. It currently serves nearly 500,000 residents of Corpus Christi and the Coastal Bend Region. Its mission is to effectively manage the City's water supply, production, and distribution system through the operation and maintenance of the water supply system in order to meet water supply needs; to provide safe drinking water that meets state and federal regulations; to review the design and construction of water facilities that ensure water system reliability and adequacy to meet projected growth requirements; and to identify and meet consumer needs and expectations. Our services strategy is to maintain a sufficient supply of water to meet the future growth of our community; to improve efficiency and productivity to support customer satisfaction; and to protect the environment. The Water Department supplies water for municipal and industrial use in a seven - county service area. Major raw (untreated) water customers include municipalities (Alice Water Authority, Beeville Water Supply District, City of Mathis, San Patricio Municipal Water District) and industries (Celanese and Flint Hills Resources). Treated water customers include Nueces County Water Improvement District No. 4 (Port Aransas), San Patricio Municipal Water District, South Texas Water Authority, and the Violet Water Supply Corporation. The Water Department operates a water laboratory and water maintenance activity that oversees the repair and replacement of transmission and distribution service water lines. The Water Department stays in full compliance with all state and federal requirements. The Water Department also has a well - established conservation program. The City was the first in Texas to develop a Drought Contingency Plan in 1986, which served as a guide for state officials. Since 1988 they have had a conservation coordinator and/or team of professionals developing and implementing outreach programs to help reduce water waste and improve efficiency. Conservation outreach includes everything from school education to the Xeriscape Garden and is explained in detail in Chapter 5. 1 1.2 Purpose of the Plan The purpose of this WCP is to ensure long -term water security and efficiency for the residents and businesses served by the Corpus Christi Water Department. This long -term planning and management is critical so that supplies of water will always meet and exceed the demands of Coastal Bend customers. It allows water supplies to be sustainable as the region grows. Short - term water security and planning during dry times is explained in a separate Drought Contingency Plan, which is included as a supporting document. As a water supplier, the City of Corpus Christi is also required to have its Plan adhere to Title 30, of the Texas Administrative Code (TAC) Chapter 288 (30 TAC § 288). This Plan contains all of the provisions required in 30 TAC § 288, including conservation plans for municipal users and wholesale providers, and a drought contingency plan. General and specific goals of the Plan are explained in Chapter 4. 1.3 Public Involvement The City provided opportunity for citizens to receive information about the Plan, to make comments and to provide input into the preparation of the WCP at a public meeting held on April 17, 2013. A Public Notice was published in the Corpus Christi Caller -Times with the date, time and location of the meeting. Notice was also posted on the City's website (www.cctexas.com). In addition, copies of the Water Conservation Plan draft were distributed to several public locations around the City and were published on the City's website. 1.4 Organization of the Water Conservation Plan This revised WCP is organized in a way to make information easy to find and understand. Unlike previous versions, this plan is a separate document from the Drought Contingency Plan (DCP). The chapters guide the reader through the most important issues and are shown below. The end of the WCP contains appendices of other documents that are useful for the reader to understand main chapters. • Chapter 1: Introduction — the basics of the Water Department, purpose of the Plan, and organization of the Plan. • Chapter 2: Supply Profile — details of the supply of the Water Department including the water sources, distribution system, and water treatment plant. • Chapter 3: Demand Profile — details of the current customer population and demand, and estimated projections of future population and demands. Demands are provided in totals and divided into sectors. 2 • Chapter 4: Goals — benefits of conservation; overall water planning and conservation goals; quantifiable five- and ten -year conservation goals and water loss goals based on per capita consumption. • Chapter 5: Water Conservation Practices -- efforts that encourage and/or enforce the conservation of water, or that increase the efficiency of water use. • Appendices: includes the Utility Profile, Summary of TCEQ 2001 Agreed Order Provisions, Water Rates, and Reservoir Operating Plan. 3 2. Supply Profile This Chapter explains the three sources from which the City gets water supply to its customers in the Coastal Bend region. In addition to the supply sources, the distribution system, water treatment plant, and the wastewater utility profile are briefly explained. 2.1 Supply Sources The City of Corpus Christi Water Department obtains its water solely from surface water sources. These surface water bodies are Lake Corpus Christi, Choke Canyon Reservoir, and Lake Texana. Details of each of these water bodies are explained below. Lake Corpus Christi Lake Corpus Christi is a water storage reservoir located approximately 33 miles northwest of the City. It was completed on April 26, 1958 with the dedication of the Wesley Seale Dam. When full, the lake level is 94 feet above sea level and has a capacity of 257,260 acre -feet (83.8 billion gallons). The surface area of the reservoir is 19,251 acres (30.1 mi2). Lake Corpus Christi is part of the Nueces River Basin (or watershed). It receives inflow from the Nueces, Frio, and Atascosa Rivers. Inflow from the Frio River also goes through the Choke Canyon Reservoir. Supply in Lake Corpus Christi relies on rainfall from the whole Nueces /Frio River basin. These two watersheds covers a combined area of 16,764 square miles and reach as far north as Rocksprings in Edwards county, and west close to Eagle Pass in Maverick County. Choke Canyon Reservoir Choke Canyon Reservoir is located approximately 70 miles northwest of Corpus Christi. It has a capacity of 695,271 acre -feet (227 billion gallons). When it is full, the water level is 220.5 feet above sea level, and the surface area is 25,989 acres (40.6 mi2). The United States Bureau of Reclamation financed, designed, and built the reservoir, which was dedicated on June 8, 1982. The City operates and maintains the facility. Choke Canyon Reservoir receives inflow from the Frio River Basin. This watershed covers an area of 5,529 square miles from Three Rivers in the south to Kerr County in the north. Water from the reservoir drains into the Frio River, which drains into the Nueces River and then Lake Corpus Christi. Lake Texana The third surface source of water for the City is Lake Texana in Jackson County, located approximately 90 miles northeast of Corpus Christi. When full, the lake has a capacity of 161,085 acre -feet (52.5 billion gallons) and the water level is 44 feet above sea level. Its surface area when full is 9,727 acres (15.2 mi2). 4 Lake Texana was formed with the completion of the Palmetto Bend Dam in 1980 by the U.S. Bureau of Reclamation. It is on the Navidad River, which is part of the Lavaca River Basin and mainly flows through Lavaca and Jackson Counties. The Lake is currently owned and operated by the Lavaca - Navidad River Authority (LNRA). The City purchased a permit to withdraw 41,840 acre-feet from the LNRA in the 1990s after a severe drought between 1993 and 1996. During that time, Nueces River Basin stream -flows were the lowest recorded, even lower than the much - remembered 1950s Drought. To deliver that water to Corpus Christi, the City, the Nueces River Authority, the Port of Corpus Christi and the Lavaca - Navidad River Authority worked together to deliver water via a new pipeline from Lake Texana. The 101 - mile -long pipeline was named for the late Mary Rhodes, mayor of Corpus Christi from 1991 to 1997, in recognition of her special contribution to the development of water resources for the residents and industries of the Coastal Bend. The pipeline came online in September 1998. It pumps water through a 64 -inch pipeline from Lake Texana directly to the O.N. Stevens Water Treatment Plant in CalaIlen. Approximately 40 to 70 percent of the water used by Corpus Christi comes from Lake Texana through the Mary Rhodes Pipeline. A map of the regional water supply system and watershed is show on the next page in Figure 2.1. 5 'o m m a L 0. 0. c N a1 r+ 3 as R t Vl 4 a1 7 L a) L C .+ C o. D. w L a) ea ea a c n cr a+ e[ c ar m Figure 2.1. Map of the Coasta CO 2.2 Potential Future Sources (Undeveloped Sources) To meet the demands of a growing community, the City has been taking steps to ensure future water supplies. In 1999, the City purchased senior water rights to 35,000 acre -feet of water per year in the Colorado River. This water will be transported to Corpus Christi via a pipeline that will be constructed, in the future, from the Colorado River to the Mary Rhodes Pipeline at Lake Texana. In addition, the City is involved with the Corpus Christi Aquifer Storage and Recovery Conservation Distrcit (CCASRCD). This groundwater conservation district was formed in 2005 by the 79th Texas Legislature and is: "...dedicated to protecting groundwater supplies within the District, developing and maintaining an aquifer storage and recovery program, providing the most efficient use of groundwater resources to supplement existing supplies, while controlling and preventing waste of groundwater." The CCASRCD is currently exploring the possibility of using groundwater aquifers as storage for extra supply for the City. During wetter - than - normal years, the City would pump excess, partially - treated water into the aquifer storage area, which is not subject to water loss from evaporation. Water from the storage area could then be used during drought periods. A similar project by the San Antonio Water System stores over 90,000 acre -feet of water as an emergency supply. Other potential future sources of water supply are still being researched and explored. A detailed list of water management solutions for the Coastal Bend Region can be found in the Region N 2011 Regional Water Plan, found at: https://vvvvw.twdb.state.tx.us/waterolanninq/nNo/reoions/n/. 2.3 Water Customers The City has both wholesale and retail customers who purchase water from the supply system. Wholesale Customers The wholesale customers are water utilities or businesses who purchase the water in bulk, and then bill their own respective customers. The City provides both raw and treated water to wholesale customers. Those wholesale customers receiving raw water pump it directly from the source. The following wholesale customers receive raw water: Alice, Beeville, Mathis, Robstown, and San Patricio Municipal Water District (MWD). In addition, Celanese and Flint Hills Resources receive raw water, but are industrial, not wholesale customers. Those utilities /companies have their own water treatment faciffities to treat the water to potable levels. 77 Other wholesale customers purchase the water from the City after it has been treated at the O.N. Stevens Water Treatment Plant (explained in next section). These customers include: Port Aransas, San Patricia MWD, South Texas Water Authority, and Violet Water Supply. Retail Customers The remaining customers receive their water directly from the City. These retail customers are billed individually. They receive their water after it has gone through the O.N. Stevens Water Treatment Plant. 2.4 Water Treatment Plant The O.N. Stevens Water Treatment Plant, located in Ca!alien, is the only water treatment facility for the City. All raw water is pumped directly to the Plant from either the Nueces River or Lake Texana (via the Mary Rhodes Pipeline). Once in the Plant, Nueces River water is blended with Lake Texana water and there treated to meet drinking water standards of the Texas Commission on Environmental Quality (TCEQ). After being treated for human consumption, large master pumps help to distribute water into the City and to its wholesale water customers. Approximately 25 billion gallons of water are treated each year. The O. N. Stevens Water Treatment Plant has a rated capacity of 167 million gallons per day, well above the current peak summer demand of around 100 million gallons per day. 2.5 Distribution The Water Department has an extensive distribution network that transports water from the O.N. Stevens Water Treatment Plan throughout the City to every customer, both individual and wholesale. The Water Department operates five pumping stations and four elevated storage tanks, and maintains 1,600 miles of pipeline. 2.6 Master Meter In order to keep track of diverted water, the City uses a series of Master Meters from its points of diversion. The City itself uses two meters to track water use from the Nueces River system and Lake Texana. In addition, City staff keeps monthly records through meters of seven other wholesale and industrial customers who divert raw water from City's water supply. 2.7 Wastewater Utility Profile The Utility Profile, a detailed summary of the City's water and wastewater systems is included in Appendix A. 88 3. Demand Profile This chapter explains demands placed on the water supply system of the City. Water demand is a measure of how much water is being used. Knowing current demand is critical for the City's daily operations. Projecting future demands helps City workers plan for future growth. The region's population provides the basis of its water demands. Therefore this chapter will begin in 3.1 with an overview of current population figures of Corpus Christi and the Coastal Bend Region. The water demands in the Coastal Bend area are complex because of the various customers that the City serves. Besides its own retail customers in and around Corpus Christi, the City provides wholesale water to utilities that serve 18 other cities and 2 businesses. These people and businesses have their own unique water demands. In addition, there are other demands on the supply system, including evaporation from the reservoirs and environmental inflows into the Nueces Bay and Delta. Because the demands on the supply system are so complex, the next sections are divided as follows: Section 3.2 will discuss demands based on raw water diversions, or water taken directly from the supply source. Section 3.3 will include evaporation and environmental inflows. Section 3.4 will discuss demand on treated water, or water that is consumed in the City. This section will also look at demand based on customer type. Section 3.5 will discuss seasonal demand, including summertime peaks. In Section 3.6, projected demands and populations will be discussed. 3.1 Current Population According to the U.S. Census, the 2010 population of the Water Department's total customer area was close to a half a million people. The majority of this was in the City of Corpus Christi with a population of 305,215. The other 18 cities that depend on Corpus Christi for their water, and their respective 2010 populations, are show in Table 3.1. Table 3.1 Populations (2010) of cities in the Coastal Bend serviced by the City of Corpus Christi Water Department. City Population (2010) I City Aqua Dulce Banquete 424 '. : Bishop 812 Population (2010) Mathis Port Aransas 4,927 2,383 3,482 1,960 affirm 3,134 1 Riviera �A. atrA Ingleside 9,361 Three Rivers 1,851 99 3.2 Raw Water Diversions The raw water demand is the amount of water taken directly (diverted) out of the water supply system. It provides the most basic view of demand on the system and gives an overview of where the water is going. As was explained in Chapter 2, the City has several raw water customers in addition to diverting its own water. After raw water has been diverted from either the Nueces River System or Lake Texana, it is pumped to a water treatment plant. All of the raw water customers have their own water treatment facilities, which clean and disinfect the water before sending it to their customers. Each have their own demands, based on retail customer characteristics (Treated water demands are explained in Section 3.4). In 2011, the total amount of water that was diverted from the City's water supply system for consumption was 132,649 acre -feet (43.2 bil gal). This included water from both the Nueces River System and Lake Texana. The raw water demands of each customer from the Nueces River System are shown below in Table 3.2. Table 3.2 Raw water demands (diversions) in 2011 from Nueces River System by customer (acre - feet and million gallons). Raw Water Customer Diversion Amount (ac -ft) 1 Diversion Amount (MG) Beeville gee 1,471 Celanese ye aH_ l San Patricio MWD Corpus Christi 997 11,476 57,934 325 18,878 The raw water demands of the San Patricio MWD and Corpus Christi from Lake Texana and Mary Rhodes Pipeline are shown below in Table 3.3. Table 3.3. Raw water demand (diversions) in 2011 from Lake Texas & Mary Rhodes Pipeline by Customer (acre -ft and million gallons). Raw Water Customer Diversion Amount (ac -ft) Diversion Amount (MG) Corpus Christi In 2011, the City of Corpus Christi received 65% of its raw water from the Nueces River System and 35% from Lake Texana and the Mary Rhodes Pipeline. 10 3.3 Other Raw Water Demands One uncontrolled demand of water placed on the supply system is evaporation. As mentioned in Chapter 2, the two reservoirs of the Nueces River supply system cover a large surface area of 45,240 acres when full. Because of this large area, combined with high evapotranspiration rates, water loss to evaporation is high, especially in recent hot, dry years. In 2011, the combined evaporation loss in Choke Canyon Reservoir and Lake Corpus Christi was 228,722 ac -ft (74.5 bil gal). This averages to 204 million gallons of evaporative Toss per day in 2011. Another raw water demand is environmental flow. After the impoundment of Choke Canyon Reservoir in 1982, freshwater flowing in the Nueces River Delta decreased dramatically. In order to maintain an ecosystem balance in the Delta, the City worked with TCEQ, the Nueces River Authority, and the City of Three Rivers to develop an Agreed Order in 1995. This document, revised in 2001, outlines required monthly freshwater inflows by the City into the Delta (Table 3.4). The 2001 Agreed Ordered is included in Appendix B. Table 3.4. Target Inflows to Nueces Bay from the 2001 Agreed Order (*When lake levels are above 70 %) Month Target Inflows (ac-ft) Month Target Inflows (ac -ft) February 2,500 August October 25,000 December 4,500 3.4 Treated Water Demands This section focuses solely on the treated water customers of the City of Corpus Christi. In 2011, the Corpus Christi Utility Business Office billed the use of 78,146 ac-ft (25.5 bil gal) of water, coming from the O.N. Stevens Water Treatment Plant in CalaIlen. Separating treated demand by customer class, industrial customers represent the highest demand. Of the 78,146 ac -ft consumed in 2011, industrial customers used just over 26,000 ac-ft or 34 percent of the total. Residential customers consumed 23,900 ac-ft (7.8 bil gal), representing 31 percent of the total. Commercial water use accounted for 15 percent and wholesale customers consumed 9 percent. The remaining water users, multi - family and institutional (dedicated to public service, i.e. schools, hospitals, government uses, etc.), used seven and five percent, respectively. See Figure 3.4 below. 11 Figure 3.4. Treated Water Use by Customer Class (wholesale included) Wholesale 9% Institutional 5% >'. a: .. Residential - Single Family 30% Commercial 15% Industrial 34% Residential - Multi-family 7% In 2011, there was an average of 89,205 treated water connections. These connections can be divided into the customer classes of residential, multi - family, commercial, industrial, wholesale, and government use. Figure 3.4.1. below shows a breakdown of connections by customer type. Both wholesale (4 connections) and industrial (23 connections) customers have so few connections that they constitute far less than one percent each of the total connections. Residential customers make up the largest percentage of connections with 88 percent. Following residential are commercial customers with eight percent of the connections and multi- family and government, both with two percent of the connections. 12 Figure 3.4.1 2011 Connections by Customer Class (Treated Water Only) Commercial Residential - Multi- family 1% 7 Institutional 3.5 Seasonal Demands Residential - Single Family 90% Though the treated water demand for 2011 was 78,146 ac -ft (25.5 bil gal), the consumption was not evenly distributed throughout the year. The drought of 2011 was one of the worst in recorded history for Texas, so water demands for irrigation were high, especially during summer months. This can be seen below in Figure 3.3, which shows seasonal demand of treated water in 2011. Customer demand on water ranged from 1.6 billion gallons in February to 2.7 billion gallons in September. Seasonal demands by customers lead to "peak demands." These peak demands put the most amount of stress on operations, including distribution and treatment. It is extremely important that peak demand for the city remains under 167 million gallons per day, which is the maximum volume that the O.N. Stevens Water Treatment Plant can treat. Figure 3.5 below shows daily treatment plant production volumes for each month of 2011 as minimums, maximums, and averages. The maximum values of each month (in green) represent the peak demand volume for that month. Even though 2011 was one of the hottest and driest years on record, maximum production never reached above 100 MGD. 13 100 2 a a 90 a c O • 80 0 70 o 60 0 40 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Month 2011 Figure 3.5. Daily production volumes of the O.N. Stevens Water Treatment Plant, showing seasonal demand as minimums, maximums, and averages for each month of 2011. 3.6 Projected Populations and Demands The Texas Water Development Board estimates population projections for regional water planning groups. For Corpus Christi, they estimate that the population could reach 470,000 by the year 2060. This increase in population will result in an increase in water demand. The TWDB estimates that municipal water demand (residential and commercial) for Corpus Christi will increase 40% by 2060, reaching 86,962 ac -ft per year. These projections are for the City of Corpus Christi only. Other cities that rely on Corpus Christi for water will also have increases in population and demand, resulting in an even higher demand on the supply system. However, these projections only factor in a minor decrease in per capita water use from conservation measures. A more aggressive conservation program could help municipal demand level off or decrease, even with an increase in population. A goal of 1% annual reduction in municipal consumption (greater than the 0.9% population growth) would defer the need for additional supplies, at least for the next 15 years. This goal, along with others, is explained next in Chapter 4. Projecting industrial consumption, which comprises over 30% of the City's water use, is challenging considering the large volumes that one additional customer can demand. The Region N Water Planning Group projects treated industry water demand could increase by 14 15,422 acre -feet by 2060. Other industrial demands not receiving treated water from the City are expected to increase by 29,000 acre -feet by 2060. 15 4. Goals This Chapter explains the water conservation goals of the City. These goals are what the City aims to achieve by the implementation of this Plan. Included in these goals are both qualitative goals and measureable, quantifiable goals. Before these goals are discussed, the first section (4.1) explains the benefits of conservation. This will give reason and justification for the City's conservation efforts and provide a driving factor for the goals. 4.1 Benefits of Conservation There are several benefits to having a strong conservation program for Corpus Christi. These benefits not only include maintaining the City's water supply, but also include saving the City and residents money by deferring capital expenses. Other benefits may be more difficult to quantify or may take years to materialize, but that does not lessen their importance. Each benefit of conservation listed below will help the City of Corpus Christi grow and thrive at a sustainable rate. The benefits of conservation include: • Sustainable Water Supply — By reducing per capita water use, the City can grow without compromising supplies for future generations. • Defers Capital Costs — Reductions in demand delay the need for new water supplies and thus defer the costs necessary to construct or buy new supplies. Reducing demand also delays other costs associated with new supplies such as electricity, labor, and treatment. • Reduces Peak Demand — Peak demand puts the most stress on the Water Department's operations. Conservation measures would help to reduce this peak demand. • Reduces Energy Costs — The City spends a significant portion of its electric bill on moving water through its distribution system. Conservation would reduce the amount of water pumped, thus reducing electric costs. • Reduces Wastewater Costs — Less water being used by residents equals less wastewater that needs to be treated. Having less wastewater will save the City in treatment costs. • More Environmental Inflows — By reducing water use, the City will have more stored water available to release into the Nueces Delta and Bay, providing needed freshwater inflows to the ecosystem. • Less Rural Impact — By reducing water use, Corpus Christi will not need to divert water from rural regions or construct a new reservoir on rural properties. 4.2 Water Planning /Conservation Goals and Objectives The main, overall goal of this Plan is to reduce total per capita consumption by one percent annually over the next decade. This goal uses the 2012 figure of 205 gallons per capita per day (gpcd) as the benchmark for reduction. Another related goal is to reduce summertime peak 16 demand. To achieve these goals, the City has several specific conservation objectives. Those objectives include: • Reduce water loss by one percent annually • Educate the public on water conservation practices • Educate the public on the City's water resources • Implement incentive and/or rebate programs to encourage conservation • Convert some drought restrictions into regular conservation measures • Adopt new water conservation regulations • Enforce the conservation regulations • Adopt a water - billing rate scale which encourages stronger conservation efforts • Implement conservation measures at city -owned facilities 4.3 Five and Ten -Year Quantifiable Conservation Goals As mentioned in the previous section, the goal of the Plan is to decrease total per capita water consumption by one percent each year. To track the progress of the goal, the City records the gpcd every year and sets five and ten year goals. This gpcd is measured by taking the volume of water produced by the O.N. Steven Water Treatment Plant, excluding water sold to treated wholesale customers, and dividing it by the permanent population and then dividing it by 365 days. Because industry uses close to 40% of the treated water, Corpus Christi's gpcd is greater than most Texas cities. In addition, there is high variability in annual consumption due to changes in weather. Residents tend to use much more water in dry years to keep landscape vegetation alive. The total gpcd, residential gpcd, and water loss are show in Tables 4.1 -4.3 below. The five and ten year goals listed below in Table 4.4, and are based on a 1% annual reduction from the 2012 consumption of 205 gpcd. Table 4.1. Total Gallons Per Capita Per Da s pcd in 2012 otai>V System ei pu ",a �,�E• °��E�: ons°� � °s ?am a9; 9n , 1. Equals water produced + wholesale imported — wholesale exported 2. Equals system input + permanent population + 365 days Table 4.2. Residential Gallons Per Capita Per Day (gpcd) in 2012 sidential 1. Single family+ multi- family 2. Equals residential use + residential population 365 days '?:zaa'. ^.:�f'h3.��t:n... �, ., r� ... «.9:j6'6 3.,> r§ �:. �' eiaa'i:"p3. ;::�b�f15j §.'aF�.... � yen iaf l opulation % de Table 4.3. Total Water Loss (Fiscal Year 2012) otal Water ,Les in Gal opt; 1 ion Per en ta 17 1. Equals real + apparent + unidentified losses 2. Equals total water loss + permanent population _ 365 days Table 4.4. Targets and Goals Date et for Tot a GPCD Target for Residential GPCD ear Target for W at ' a J Target for $. ossi3 ate r loss` Percentage Ten -Year Target Date: 2023 184 69 1,695,000,000 4.4 Schedule for Implementing Plan In order to achieve the targets and goals of the plan, the City will use the schedule below in Table 4.5 to gradually introduce new or strengthen existing conservation measures and programs. These programs will utilize all and possibly additional measures as detailed in Chapter 5. The measures aim to reduce per capita water use through changes in habit, improvements in efficient devices, decreases in water waste, and smart planning. This schedule is not all inclusive and is a living document and is therefore subject to change. Conservation Measure Purpose C School education ti . m3 g. i �,a J Educate youth about water resources and the importance ' of conservation Target Date Ongoing Xeriscape education Educate the public about 1 Ongoing i Xeriscaping through the i i Xeriscape garden, fliers, and the annual symposium System Water Audit and Water Loss To identify areas of water loss to target remediation efforts 18 Prohibition on wasting water Reduce consumption by prohibiting the wasting of water, regardless of drought conditions (see 5.2.11 Restaurant water saving Reducing water waste by requiring restaurants to only serve water upon request Rainwater harvesting rebate Reduce potable encouraging harvesting` demand by August 1, 2013 rainwater 19 5. Water Conservation Practices 5.1 Introduction Water conservation is any practice that reduces the use of water, whether through changes in practices or improvements in the efficiencies of water devices. Reducing the use of water reduces the stress placed on water supplies and their ecosystems. It also frees up water supplies to allow for population and economic growth without having to search for "new" water. Conservation is a cost - effective and commonsense approach to ensuring a sustainable water supply for generations to come. The City has a long- standing commitment to promoting water conservation in the community. It has adopted several practices, ranging from public education to conservation pricing, that encourage a reduction in excessive water use. As was mentioned in Chapter 4 (Goals), the long term goal of the conservation program is to reduce per capita water use by one percent per year over the next decade. This Chapter highlights all of the ways that the City intends to reach that goal. Chapter 5 begins with conservation measures (5.2). These are regulated best - management practices that are in effect year- round, regardless of the drought condition or the levels of the City's reservoirs. Section 5.3 explains planned changes to development and building codes that would make buildings and landscapes more water efficient, while Section 5.4 explains the current code related to landscaping. Section 5.5 explains Rebates and Incentives, which include Plumbers to People, Rainwater Harvesting Rebate, and an Irrigation Consultation Program. Section 5.6, discusses City -Led Programs, including reclaimed water use, improvements to City -Owned properties, park water conservation, metering, system audits, and a water conservation staff. This is followed by Section 5.7, which highlights the educational efforts by the City, including both schools and public programs, and Section 5.8 on water conservation pricing. The last two parts of Section 5 explain coordination with the Region N Water Planning Group, methods to monitor the effectiveness of the various conservation practices, and means of implementation and enforcement. 5.2 Water Conservation Measures As water demands increase and water supplies become Tess available, it is critical that water conservation measures become regular, year -round best management practices. They are common sense approaches that reduce water waste and improve efficiency. This section lists those water conservation measures that are regulated and enforceable. They are the only measures in the WCP that are enforceable. The Water Resource Management Ordinance (Section 55) gives the City the authority to enforce these measures and is included in Appendix A. Explanations of each of these conservation measures are shown below: 20 5.2.1 Prohibition on Wasting Water Under the Prohibition on Wasting Water Conservation Measure, it is unlawful to waste water. Actions leading to the wasting of water are prohibited and will be enforced. No person shall: 1. Allow water to run off property into gutters or streets. 2. Permit or maintain defective plumbing in a home, business establishment or any location where water is used on the premises. Defective plumbing includes out -of- repair water closets, underground leaks, defective or leaking faucets and taps. 3. Allow water to flow constantly through a tap, hydrant, valve, or otherwise by any use of water connected to the City water system. 4. Use any non - recycling decorative water fountain. 5. Allow irrigation heads or sprinklers to spray directly on paved surfaces such as driveways, parking lots, and sidewalks in public right -of -ways; 6. Operate an irrigation system at water pressure higher than recommended, causing heads to mist, or to operate with broken heads. 5.2.2 Irrigation Timing Landscape irrigation is most efficient during early- morning or nighttime hours, when there is less potential for evaporation from the sun. This conservation measure prohibits irrigation by spray or sprinklers between the hours of 10 am and 6 pm. It is still permissible to water by hand or by drip irrigation at any time of the day. 5.2.3 Restaurant Water Saving Under this conservation measure, commercial dining facilities must only serve water upon request. In addition, any hand -held dish - rinsing wand must have an automatic shut -off. 5.3 Future Updates to Codes Another water conservation practice that will help to conserve water in the long term is updates and improvements to codes. The City has adopted several codes for development and construction, which are updated on a regular basis. There are several codes which could be updated or amended to include requirements for water conservation. A list of potential updates to codes is included below. The process of updating these codes is ongoing and will be included 21 in the WCP as an amendment when complete. These hulleted items are proposed updates only and are listed here as a placeholder. • Car Wash Water Conservation — Many commercial car washes in the region do not recycle water in their operations. Under this proposed measure, new car washes using an automatic system would need to reuse a minimum of fifty (50) percent of water from vehicle rinses in subsequent washes. All car washes that are self - service would have to have spray wands that do not emit more than three (3) gallons of water per minute. • Water Saving Plumbing Fixtures — This proposed conservation measure would require plumbing fixtures to meet or exceed the standards set by the WaterSense label of the Environmental Protection Agency (EPA). The fixtures would include gravity flush toilets, bathroom aerators, showerheads, and urinals. This measure would apply to new plumbing installations • Laundry Facility Conservation — Under this proposed measure, any new installation of a coin - operated washing machine would have to meet or exceed the standards for the most current Energy Star label of the EPA and Department of Energy. This measure applies to any location that may have a coin operated facility, such as Laundromats, apartment communities, or university residential buildings. • Cooling Tower Recycling —This proposed conservation measure would require newly constructed cooling towers to utilize recycled water for a minimum of four (4) cycles. • Rainwater Harvesting —This proposed conservation measure would require any new building construction with a minimum roof surface area of ten - thousand (10,000) square feet to install a rainwater collection system. The stored water could be used for non- potable indoor use and/or outdoor irrigation. • Condensate Collection —Under this proposed measure, any new commercial building with an air conditioning system would be required to divert and collect the condensate water. This water could be used in cooling tower operation or landscape irrigation. • Xeriscape Landscaping —This proposed measure would allow xeriscaping as an option for landscaping in any residential neighborhood or subdivision, regardless of deed restrictions. It also would require homebuilders and/or developers who are constructing new, single- family residential homes to offer a xeriscaping option. • Turfgrass Species Requirement—This proposed conservation measure would promote the use of turfgrass appropriately suited for a particular site in order to save on irrigation water. For any new construction, the turfgrass species /variety installed on a property would have to be chosen from a list of approved species. In addition, irrigated turfgrass would not be able to exceed 50% of the landscaped area. 22 5.4 Landscaping Standard The City adopted a Landscape Standard as part of its Unified Development Code (Section 7.3 of the UDC). This standard requires landscape plantings within commercial developments to enhance the beauty of the City. The ordinance assigns points to the various plant materials. To encourage the use of water -wise landscaping, drought - tolerant and low -water -use species are assigned a higher point value. To comply, a landscape design must surpass an established threshold number of points, which is achieved more easily with the water -wise and drought - tolerant plants. 5.5 Rebates and Incentive Programs This section explains the programs that the City offers b provide assistance to customers who wish to implement water conserving practices. These programs include the current Plumbers to People program and proposed Rainwater Harvesting Rebate Programs and an Irrigation Consultation Program. Additional rebate and incentive options are being researched. 5:5.1 Plumbers to People Plumbers to People is an affordability program to provide plumbing assistance to low - income residential customers seeking to repair plumbing fixtures in their homes. The intent of the program is two -fold: (1) to eliminate the cycle of uncollected high water bills resulting from water leaks; (2) to promote water conservation. Persons eligible for the program must contact the Utility Business Office (UBO) to identify their eligibility for the program. Eligibility is based on the individual's income limits and need for assistance. The UBO office arranges for a contracted plumber to do repairs at the individual's home. The plumber will fix minor leaks or other issues, then send a report and invoice back to the UBO office. 5.5.2 Rainwater .Harvesting Rebate The City is planning a rainwater harvesting rebate program. Under this program, customers of the Water Department will be eligible for a $50 rebate for the purchase and installation of a rain barrel. The customer shall submit an application for the rebate and is subject to a system inspection by the Water Department. There will be specific requirements, such as a minimal size (55 gallons) and mandatory screening to prevent mosquito entry. The Water Department plans to begin the program in late 2013. 5.5.3 Irrigation Consultation Program The City is planning an Irrigation Consultation Program to reduce water waste and improve efficiency on large, existing irrigation systems. The service will be free to commercial sites and tells property owners how they can make meaningful changes to 23 their irrigation system. It will begin with a consultation request from the property owner of a large irrigation system. The Water Department will coordinate a consultation with a contracted, licensed irrigator for that property. The licensed irrigator will perform a thorough inspection of the irrigation system's performance. A report with recommendations will be provided to the property owner and the Water Department. The recommendations may include ways that the property owners can drastically reduce water consumption. The Water Department will analyze each report and may provide assistance with the recommended changes, depending on the cost and benefits. One year after the inspection, a follow-up will be performed to see if recommendations were implemented and how much water consumption was decreased. The program will begin in late 2013 to only commercial water accounts. 5.6 City -Led Water Conservation Programs This section explains the programs that the City has initiated in order to improve its own efficiency and promote conservation to its residents. These programs include the use of reclaimed water, improvements in City -owned properties, park water conservation, accurate water metering, and a system to audit water loss. It also includes the use of a permanent, full - time water conservation staff. 5.6.1 Use of Reclaimed Water Reclaimed water by definition is, "Domestic or municipal wastewater which has been treated to a quality suitable for a beneficial use, pursuant to the provisions of this chapter and other applicable rules and permits" (30 TAC §210.3(24)). The City currently has five reclaimed water use customers and recognizes that the direct use of reclaimed water is an effective method of reducing potable water usage. Corpus Christi reclaimed water is used primarily for irrigating recreational tracts. Historically, Corpus Christi began its reuse program in the early 1960s when it began delivering reclaimed effluent to its first customer, the Gabe Lozano Golf Course. Over the next several decades, the City acquired additional reuse customers which include other golf courses, parks, and recreational areas. Approximately 2.5 percent of the City's overall effluent flows are reused as reclaimed water. In 2011, the City supplied 525 million gallons of reclaimed water to its irrigation customers, saving an estimated 100% of the same amount in potable water. To facilitate expansion of its reuse program in the future, the City will identify and rank industrial, commercial, and institutional (101) customers according to volume of water use, and investigate the feasibility of using reclaimed water. The City will also 24 investigate reuse opportunities within its own accounts or with third parties outside its service area. The City owns several public areas that are candidates for reuse. 5.6.2 Improvements in City -owned Properties In order to be a representative of its conservation message, the City has pushed for increased Xeriscape landscaping of City -owned properties. This includes water -wise landscaping at the Water Department building, and the Xeriscape Design Garden and Learning Center at the Museum and Science and History in downtown Corpus Christi (see Section 5.6.3). The Water Department will encourage the future conversion of City landscaping to more water -wise design. Also, the City has been proactive in replacing out- dated, inefficient plumbing fixtures in its buildings. In addition, the City plans to install a rainwater harvesting system at the Water Utilities building to be used for on -site irrigation. 5.6.3 Identifying and Repairing Leaks The Water Department has a full team of employees committed to identifying and repairing leaks in water distribution throughout the City. A crew of round - the -clock responders follow the procedure below to find and fix a leak: 1. A first responder is sent to the location to identify and mark the priority of the leak. Response time is 30 minutes to an hour. 2. Crews begin to turn the needed valves to isolate the leaking line. Line locates are called in to mark all other utility lines in the area of the leak prior to repairs. Depending on the severity of the leak these locates can take up to approx. 24 hours 3. After line locates are complete, Distribution Leak crews respond to the leak and make all needed repairs. 4. After repairs are complete, the D & D crews back fill the area and replace grass as needed. 5.6.4 Park Water Conservation The City of Corpus Christi Parks and Recreation Department manages two golf courses, two large City -wide parks, five recreation centers, four decorative fountains, eight public swimming pools, and more than 200 neighborhood parks, some with irrigated athletic fields. Because many of the parks in the City require irrigation, it is critical that proper conservation measures are in place so the City demonstrates and promotes those measures to the public. The Water Department works with the Parks and Recreation 25 Department to implement several water conservation practices within the park system. Some of these measures include: 1. Converting manual irrigation systems to automatic irrigation systems. 2. Including the parks properties in the water system audit. 3. Voluntarily adopting Landscape Ordinance provisions of the Corpus Christi Zoning Ordinance (explained in Section 5.2.12). 4. Replacing several spray irrigation heads with drip irrigation. Some of the conservation measures that the City is pursuing for the future include: 1. Updating automatic irrigation systems with a "smart" Baseline Controller, which can remotely control up to 50 irrigation zones with 10 different programs. These include moisture sensors in the soil. 2. Implementing an irrigation consultation program to target specific areas where water efficiency improvements can be made. 3. Converting turfgrass species to more site - appropriate varieties to reduce water USE. To track the progress of water conservation in the parks, the Water Department will gather the following: 1. Water savings resulting from the offset of potable water use by irrigating with reclaimed waste water. 2. Water savings attributable to the repairs of leaks 3. Changes to irrigation systems, retrofits, or upgrades; regular leak detection; maintenance policies, and estimated water savings from conservation practices. 4. Estimated water savings attributable to the changes implemented. 5. Costs of repairs, equipment upgrades, or new equipment installed. The Water Department will evaluate data from sites before and after significant irrigation system changes or upgrades. The City maintains performance measure software to monitor the progress of leaks repaired. The Maximo software will identify individual categories to estimate the volume of water savings attributable to repairs of leaks. 5.6.5 Metering All Connections Metering is a critical aspect in water conservation. It provides a method for customers to relate their water usage to their utility bill. For the City, meters help keep track of water use in order to target areas of inefficiency or locate areas where there may be potential leaks. New technology allows the city to track water use remotely and alert employees when there are spikes in water use among customers. The following elements are part of the City's on -going metering program: 1. Required metering of ail connections. 26 2. A policy for installation of adequate, proper -sized meters as determined by a customer's current water use patterns. 3. Direct utility metering of each duplex, triplex, and four -plex unit, whether each is on its own separate lot or there are multiple buildings on a single commercial lot. 4. Metering of all utility and publicly owned facilities. 5. Use of construction meters and access keys to account for water used in new construction. 6. Implementation of the State requirements in HB 2404, passed by the 77th Legislature Regular Session and implemented through Texas Water Code 13.502, which requires all new apartments be either directly metered by the utility or submetered by the owner. 7. Annual testing and maintenance of all meters larger than two inches. Regular replacement of 5/8" and 3/4" meters after 15 years of service. 8. Replacement of meter registers or entire meter every eight years. 9. An accounting of water savings and revenue gains through the implementation of the Water Department's meter repair and replacement procedures. Each year the Water Department estimates its annual water savings from the program. Savings can be estimated based upon a statistical sample analyzed as part of the meter repair and replacement program. The City maintains a meter replacement policy based upon a customer's concern about the accuracy of his meter. Annual records of replaced meters are maintained through the City's Maximo software. Meter replacement takes precedence over meter repair due to the cost of repairing old meters. The City has improved efficiency and cut water loss by purging old meters and converting standard meters to automated meter reading (AMR.). The AMR program is a metering system that remotely records usage and accurately integrates that data into the billing system. Around 99 percent of the City's water meters have been installed with the AMR, benefiting the City by improving meter accuracy and reducing the cost of reading meters manually. 5.6.6 Record Management The City's has a system of record management to classify customers by sector for billing purposes and to keep track of water consumption by class. The billing system has the ability to categorize customers into sectors that can be summarized into those required by the Texas Water Development Board and the Texas Commission on Environmental Quality. These sectors include: residential (including single- family and multi - family); commercial; institutional; industrial; and wholesale (the City does not have any agricultural customers). 5.6.7 System Water Audit and Water Loss As with any aging infrastructure system, the City does have water Toss between the treatment plant and the point of use. In order to reduce this water loss, the City performs an annual system water audit. This estimate of system water efficiency is achieved by 27 comparing water delivered to the treatment plant, potable water produced, and water sold. The Water Department tracks numerous leak detection and repair activities and is able to evaluate its success using the asset management software to compile and track work orders. Using this data from the audit, the City is able to focus on specific areas where improvements in efficiency can be achieved. 5.6.8 Water Conservation Staff The Water Department has two staff members who coordinate and implement water conservation programs for the City and its service area. These employees include the Water Resource Planner and the Management Assistant. They are critical to ensuring the success of the City's overall conservation program. The Water Resource Planner is responsible for planning conservation programs; seeking and identifying new opportunities in conservation and water supply; program analysis; contributions as a member of regional workgroups (BBACS, GMAs, Region N, Nueces Feasibility, CCASRCD); assistance with educational /promotional material; planning Irrigation Consultation Program; meetings with stakeholders; assistance with marketing strategies for conservation programs; assistance with annual conservation budget; assistance to the Water Resource Advisory Committee; preparation and submittal of annual conservation status reports to Water Department management. The Management Assistant is responsible for the City's water public relations and marketing; implementing conservation programs; conservation education and marketing; coordinating with other departments and wholesale customers; coordinating programs within the Water Department; development of marketing strategies for conservation programs; management of consultants, and contractors, when appropriate; preparation of annual conservation budget; assistance to the Water Resource Advisory Committee. This conservation team takes part in several educational events and programs, which are explained in detail in section 5.7. 5.7 Education One of the most effective ways to improve conservation and water -use efficiency is through education. The Water Department is very active in educating its customers and has several programs to do so. The Water Department has two purposes for its educational programs: to disseminate information and to change behavior. Information dissemination is education that makes the public aware of something timely, such as a current drought stage and its implications. A change in behavior occurs when education teaches the public practices that should be permanently adopted. Behavioral changes take place over a longer span of time than information dissemination, but both purposes are critical to a well - informed public. 28 This section highlights the educational programs that the Water Department plans, manages, and implements. These programs include school education, public information, and the water - wise landscape and conservation program. 5.7.1 School Education School education programs increase the viability of water conservation efforts, enhance the utility's public image, contribute to the attainment of Texas state education goals by students, and increase customer goodwill. The message conveyed by students to their families based upon greater knowledge of water sources and conservation can lead to behavioral changes resulting in both short- and long -term water savings. The Water Department offers various school educational programs to all grade levels throughout the City of Corpus Christi. These programs include: • Major Rivers — Part of the 4th grade curriculum, the program educates students on water conservation, supply, treatment, distribution and conservation. The self - contained program offers academic and hands -on activities in math, language arts, science, and social studies, with teacher's guide geared to the interdisciplinary curriculum, as well as an introductory video and home information leaflets. • Toby Globy Eco- Action — Introduced to school children in grades pre - kinder to second grade with classroom and special event visits by mascot Toby Globy, this locally produced bilingual program brings environmental awareness to primary grade school children in sing -along song and coloring books, a compact disc of recorded music in English and Spanish, environment - oriented classroom activities, posters, and a pictorial instruction booklet introducing solid waste and recycling, in addition to water conservation. • Learning to be Water Wise — This program is used in 5th grade classrooms to connect science, math, language arts, and social studies with water conservation activities. Boxed kits, which include a toilet water displacement bag, toilet leak detector tablets, showerhead and faucet aerators, and instructions for repairing common toilet leaks, are given to each student. • Workshop for Daycare Teachers -- In a half- day -long workshop, pre - kinder to second grade teachers are introduced to age- appropriate water resources teaching aids, including the educational program "Toby Globy Eco Action Team" and coloring books with a water - conservation message. • Water Source Book — The Water Source Book, developed by the Water Environment Federation, reinforces water resource issues with hands -on classroom activities and experiments for grades 6 through 8. The classroom activities feature water, wastewater, and storm water experiments. This book is provided by the City to all local school resource libraries. Continuing education workshops introduce local classroom teachers to the Water Source Book. Teachers can utilize this teaching aid to satisfy certain TEKS objectives as established by the Texas Education Agency. 29 • Coastal Bend Teacher Resource Extravaganza — As a member of the Coastal Bend Informal Educators (CBIE), the City Water Department sponsors this event, which brings environmental resources to teachers throughout the Texas Education Agency Region 2 area. The City Water Department also participates in this annual event, offering valuable opportunities and resources for teachers, students and the general public. • Museum of Science and History — The Corpus Christi Museum of Science and History houses an educational gazebo, targeted to children, featuring various showcases and an 8 -foot interactive topographic map of the Nueces River Basin. The touch of a button activates lights and sound to explain the area's water resources. Displays throughout the Xeriscape Learning Center and Design Garden are used as teaching tools for children and adults. • Other educational events — The Water Department provides age - appropriate water resources teaching materials at several public events. Materials include Splash Activity Book, My Book About Water and How to Use it Wisely, and The Story of Drinking Water. Spanish material is also available upon request. The Water Department continues to offer the programs mentioned above, being sure to stay up -to -date on any changing information related to water. They also continue to stay connected to local schools in order to identify any new potential opportunities. To keep track of the impact of these various programs, the Water Department records: • The number of presentations made • The number and type of curriculum materials developed and/or provided • The number and percent of students reached by presentations and by curriculum • The number of students reached outside the utility service area • The number of in- service presentations or teacher's workshops conducted during reporting period • • The results of evaluation tools used • Copies of program marketing and educational materials • Annual budget for school education programs related to conservation. Although water savings caused by school education programs are difficult to quantify, the retrofit kit included with the Learning to be Water Wise program has been shown to reduce domestic water use by 8,885 gallons per year per household. 5.7.2 Public Information The Water Department employs several types of media resources and modes of mass communication to present a compelling and consistent message about the importance of conservation and water use efficiency. The overall goal of the public information program is to raise awareness among customers of the regional water resources and the importance of conservation. The public information is also used to convey timely, 30 urgent messages, such as those about drought or emergencies. Each year in June, the Water Department mails a Consumer Confidence Report to every customer. This report is available online to anyone including new customers. It explains water quality and explains to customers where they can get more information on water conservation. The Water Department employs the following methods to raise water resources awareness and to instill the importance of conservation in the community: • Multi- tiered media campaign — Annual television, radio, and print campaigns promoting water use efficiency. Agreements with radio and television stations provide for matching airtime for each ad purchased by the City. • Billboard advertisement — Ads on billboards, bus benches, and other public spaces are used to promote water conservation and water quality. • Website — The Department's Water Conservation website includes tips on outdoor and indoor conservation, Xeriscape landscaping, irrigation regulations, and educational materials for youth. • Printed brochures — The City provides the public with printed brochures on various topics ranging from Xeriscaping to indoor water conservation. They are produced by several entities, including the Water Department, the Texas Water Development Board, and Texas A &M AgriLife Extension and are available at multiple City locations and programs. • School Education — Programs targeted to grade school children are explained in the School Education section (5.6.1). • Xeriscape Learning Center and Design Garden — As part of the Corpus Christi Museum of Science and History, the Xeriscape Corpus Christi Steering Committee, in partnership with the City, maintains a Xeriscape demonstration garden with more than 100 plant varieties. Within the garden an educational gazebo, The Water Story Exhibit, showcases an 8 -foot interactive topographic map of the Nueces River Basin. A second gazebo named the Learning Center features practical landscape ideas and photographs. Educational Walk 'n' Talk Tours are held annually to enhance public education. • City Call Center and Request Line — The City's Call Center (361 826 -CITY) was created to encourage customers to report water line breaks and to request service calls. Customers may also utilize a dedicated Water Hotline number (361 826 -1600) to request water conservation kits and other information. To track the progress and effectiveness of this educational effort, the Water Department collects and tracks the following information: • Number of activities, pieces of information distributed, and number of customers at an activity or program; • Number of public school children who received instruction in water resources or water conservation; 31 • Number of news programs or advertisements that featured the water conservation message and how many customers had the opportunity to receive each message; • Total budget by category for public information; and • Results of annual or biannual customer survey and/or focus groups to determine the reach and impact of the program. Water savings due to public information efforts are difficult to quantify. Water savings for other public information programs that result in specific actions by customers, such as changes in irrigation scheduling or reduction in water waste occurrences, may be quantified through surveys or analysis of water waste reporting in future years. 5.7.3 Water -Wise Landscape Design and Conservation Program The use of water for outdoor irrigation can often account for over 50% of a customer's consumption. The purpose of this program is to decrease both peak summertime water consumption and overall water use through the installation of water -wise landscapes at residential and commercial properties, and through improved efficiency of existing landscapes. Water -wise landscaping involves not only plant selection, but continued attention to appropriate irrigation and landscape maintenance. The program is multifaceted, implemented through a landscape standard (Section 5.4), school education (Section 5.7.1), public outreach (Section 5.7.2), and city - implemented measures (Section 5.6). Below are some public - outreach programs explained in more detail that specialize in water -wise landscaping or emphasize the importance of using less outdoor water. • Xeriscape To -Go: Planning and Designing a Gardener's Dream — This brochure, available in both print and online, was designed to educate local residents on the benefits of Xeriscape landscaping. It features a list of plants suitable for the Coastal Bend and an explanation of the seven principles of Xeriscaping. • Xeriscape: Landscape with Less Water -- A brochure detailing the seven principles of Xeriscape. • Purple Water -Wise Plant Labels — A brochure produced in cooperation with Xeriscape Corpus Christi, commercia nurseries, and Texas A &M AgriLife Extension to bring public awareness to lists of plants that are proven performers in the Coastal Bend since 2004. Water -wise plants are labeled with purple tags at commercial nurseries for easy identification. Purple labels are affixed to water - wise and drought - tolerant plants offered at retail nurseries. To encourage the seven principles of Xeriscape landscaping, the non - profit organization, Xeriscape Corpus Christi, was formed. The organization built and 32 maintains a demonstration Xeriscape garden at the Museum of Science and History. The steering committee's members include the City of Corpus Christi Water Department, Storm Water Department, Park and Recreation Department, Corpus Christi Museum of Science and History, Friends of the Museum, Mayor's Water Conservation Advisory Committee, Nueces County Master Gardeners, and Texas A &M AgriLife Extension of Nueces County. 5.8 Water Conservation Pricing One of the most effective methods to influence water consumption is through changes in price structure. Water conservation pricing is a type of structure that promotes conservation by making the water rate higher as consumption increases. Another term for this type of structure is increasing block rate. The City has an increasing block rate structure for residential customers which is not 'promotional." It ensures that residents receive their most basic needed water at a reasonable price, which covers the fixed costs of the Water Department. They are billed on actual metered water use. As consumption goes into discretionary amounts, the price per gallon increases, resulting in a higher bill. A copy of the current water rate structure is attached as Appendix C. At least annually, the Water Department staff will review consumption patterns (including seasonal use) and the income and expense levels to determine if the conservation rates are effective. They then make appropriate, regular rate structure adjustments as needed. In the past, such studies resulted in an elimination of the decreasing block rate for industrial accounts and increasing block rates for residential customers. In order to further encourage conservation, the Water Department will examine the follow potential pricing measures: 1. Seasonal rates to reduce peak demands during summer months. 2. Increasing block rates for other customer classes. 3. Restructuring of commercial rate structure to an increasing block rate. The successful transition to a new rate structure will include public input and a process to educate the community about the new rate structure. Public involvement in the development and implementation of conservation rates helps to assure that the goals of the conservation pricing initiatives are met and accepted by local constituents. Public meetings, advisory groups, and public announcements are among ways to generate public involvement. 5.9 Coordination with Region N (Coastal Bend) Regional Water Planning Group The service area of the City of Corpus Christi is located within the Coastal Bend, designated as Region N Planning area, and the City has provided a copy of its Water Conservation and Drought Contingency Plan to the Coastal Bend Regional Water Planning Group (RWPG). The Region N Planning Group was initially appointed by the Texas Water Development Board (TWDB), under the authority of Senate Bill 1, and includes representatives from 12 interests 33 including the public, counties, municipalities, industries, agriculture, the environment, small businesses, electric-generating utilities, port authorities, river authorities, water districts, and water utilities from across the region. This Plan is consistent with the City's role as a leader in water supply planning in Region N, and meets the standards for water conservation planning in TAC Chapter 288. The Water Department has coordinated with the RWPG through the following measures: 1. The City presented the changes in the 2013 Corpus Christi Water Conservation Plan to the Region N Water Planning Group on March 7, 2013 (Minutes from the Region N meetings can found at http: /Iwww. nueces- ra .org/CPIRWPGIminutes /index.php after the June 13, 2013 meeting. 2. City staff members (in addition to RWPG representative) attend Planning Group meetings on a regular basis; 3. City staff has made formal comments (at meetings and in writing) at various times regarding issues with population and water demand projections and with selection of water management strategies; and 4. The City has held numerous meetings with the RWPG consultant to address issues related to Corpus Christi and the regional planning process. 5.10 Method to Monitor the Effectiveness of Conservation Measures The best way to monitor to the effectiveness of the conservation measures of this chapter is to track the per capita water use. As was mentioned in Chapter 4, the goal of this Plan is to reduce per capita water use (gcpd) by one percent each year over the next decade. Successful water conservation measures will result in a reduction of that per capita water use. Because water use can vary each year due to weather conditions, the City will consider rainfall amounts when analyzing water use. 5.11 Means of Implementation and Enforcement This Water Conservation Plan was approved by the Corpus Christi City Council on May 28, 2013. The passage of this WCP provides the Water Department the authority and guidance to implement the included conservation measures and programs. The Water Resource Management Ordinance provides the legal authority for the City of Corpus Christi to enforce certain conservation measures and all drought contingency measures. A copy of the Water Resource Management Ordinance (Section 55) is attached as a supporting document. 5.12 Reservoir System Operating Plan Because all customers rely on the reservoir systems for their supplies, they are subject to the Reservoir Operating Plan. A copy of this is included in Appendix D. 34 6. Wholesale Customer Conservation 6.1 Introduction The City of Corpus Christi serves five wholesale customers with treated water and six wholesale customers with raw water. The raw water is delivered to Corpus Christi's four municipal and two industrial customers. As part of the 2013 Water Conservation Planning Process, the City has organized and held meetings with the wholesale customers to receive feedback on the revised Plan. Because these customers use the same source water as the City, it is important that they are kept informed and provide input into the City's decision making processes. This chapter explains the conservation goals that the City encourages its wholesale customers to adopt. Though wholesale customers outside of city limits are not legally bound by the ordinances of Corpus Christi, the City requires the wholesale customers to adopt conservation measures outlined in the Plan. It helps to ensure the region's water security and also ensures that customers, both inside and out of the City, are treated equitably. Section 6.5 explains the contractual requirements between the City and its wholesale customers. 6.2 Wholesale Customer Targets and Goals The best way to reduce water waste and increase conservation is to set targets and goals. As was mentioned in Chapter 4, the City of Corpus Christi has set a water conservation goal of one percent annual reduction in consumption. This amounts to 202 gcpd in 2022. The City, though it has no authority to require it, suggests to each its wholesale customers to also try to achieve a one percent annual reduction in consumption. The Coastal Bend Regional Water Planning Group recommends consumption reductions and they are shown below in Table 6.1. The gcpd of each wholesale customer is shown with the 2020 and 2060 consumption goals. Though the group's targets are not as aggressive as the City's, they still help in conserving the region's water supplies. Table 6.1 Wholesale Customer Consumption and Goals of Reglonal Water PIan Wholesale Customer 2000 Consumption 2020 Consumption Goals 2060 Consumption Goals Alice Water Authority 248 241 234 Beeville Water Supply District 172 168 157 City of Mathis 119 112 104 Nueces County WCID 4 (Port Aransas) 187 179 177 San Patricio Municipal Water District 118 111 ** South Texas Water Authority 155 152 ** 35 Violet Water Supply Corporation 151 148 ** Wholesale customers Celanese and Flint Hills Resources do not serve a "population" so are not included in this table. * *These values were not calculated in the 2011 Regional Water Plan, so are not available. 6.3 Metering, Monitoring, and Records Management The City meters all water diverted from the raw water supply to its wholesale customers. The City also meters all treated water delivered to its wholesale customers. By contrast, these meters are calibrated on a semiannual basis, and must be accurate within 2 percent. The meters are read on a monthly basis for billing purposes. A summary report is prepared, which aggregates all meter readings from wholesale raw water meters, wholesale treated water meters, and all retail customers, as well as the readings from the meters at the intake to the 0. N. Stevens Water Treatment. 6.4 Leak Detection and Repair The treated water wholesale customers are supplied from portions of the City's distribution system. The meter location is the point of sale at which the water enters the customer's system. From there, it is the customer's responsibility to operate and maintain. The portions of the City's distribution system that serve these wholesale customers are subject to the same leak detection and repair program described Section 5.4.5, System Water Audit and Water Loss. All raw water delivery systems to the wholesale customers are owned and operated by those customers. Therefore, they are responsible for any leak detection and repair programs as well as for unaccounted -for water. Wholesale customers are encouraged to voluntarily report their results to the City in order to promote cooperative efficiency efforts. In addition, wholesale customers are encouraged to keep their water loss rates below ten percent. 6.5 Contractual Requirements The City has in place valid contracts with various wholesale customers including raw water contracts with municipal water suppliers: Alice Water Authority, Beeville Water Supply District, City of Mathis, and San Patricio Municipal Water District. Treated water customers include Nueces County Water Improvement District No. 4 (Port Aransas), San Patricio Municipal Water District, South Texas Water Authority, and the Violet Water Supply Corporation. Industrial wholesale customers include Celanese and Flint Hills Resources. All of these contracts contain language related to water use restrictions in drought situations. Each contract has a section 36 requiring the customer to accept shortages in supply, should natural or unforeseen circumstances prevent the City from delivering the water. With the exceptions of the Beeville Water Supply District and San Patricia Municipal Water District contracts, the contracts further stipulate that should there be a shortage in the basic supply of water which requires the restriction or curtailing of any consumer of water within the city limits of Corpus Christi, that the wholesale customer limit and restrict all of its customers to the same extent. The Beeville Water Supply District requires the district to reduce its average raw water consumption by specific percentages whenever the City declares water shortage conditions. The district is required to reduce its average raw water consumption by 10% when the reservoirs fall below 50% (Stage 1), 20% when the reservoirs fall below 40% (Stage 2), 30% when the reservoirs fall below 30% (Stage 3), and to cease raw water withdrawals when reservoir storage levels drop below 20% (Stage 4). In exchange, the District is excused from contract minimum payments during the time of shortage; and it has the discretion to supplement river water with groundwater in lieu of imposing water use restrictions on its customers. The San Patricia Municipal Water District has the discretion to either implement water conservation and drought measures similar to those imposed by the City or to reduce the water it takes from the City's water supply system. If the district elects to reduce the amount of water it takes from the City's water supply system, the reductions are based on the average deliveries for the same month of the year over the three previous years. The percent of the reduction is based on the available water in the City's reservoir system. The required decrease in the amount of water that can be taken is 10% when the reservoirs fall below 50% (Stage 1), 20% when the reservoirs fall below 40% (Stage 2), 30% when the reservoirs fall below 30% (Stage 3), and 60% when the reservoirs fall below 20% (Stage 4). In the most recent contract with San Patricia Municipal Water District, language concerning year -round water conservation is included. As the need to renegotiate other contracts arises, the City will include contract language requiring conformance with applicable state and federal regulations concerning water conservation. The City will require in every wholesale water supply contract entered into or renewed after official adoption of this Plan (by either ordinance, resolution, or tariff), including any contract extension, that each successive wholesale customer develop and implement a water conservation plan and drought contingency plan or water management measures using the applicable elements in this Plan and City's Drought Contingency Plan (City Ordinance 55 -151). if the customer intends to resell the water, the contract between the initial supplier and customer must provide that the contract for the resale of the water must have water conservation and drought contingency requirements so that each successive customer in the resale of the water will be required to implement water conservation measures and drought contingency measures in accordance with the provisions of this Plan and the Drought Contingency Plan. 37 6.6 Reservoir System Operating Plan Because all of the wholesale customers rely on the reservoir systems for their supplies, they are subject to the Reservoir Operating Plan. A copy of this is included in Appendix D. UTILITY PROFILE Fill out this form as completely as possible. If fields do not apply to your entity, leave them blank. CONTACT INFORMATION Name of Utility: City of Corpus Christi Water Department Public Water Supply Identification Number (PWS ID): 1780003 CCN Number: 10554 Water Rights ID Number: 21-3214; 21 -2464; 14 -5434 Wastewater ID Number: CN600131858 Check all that apply: Retail Water Supplier Wholesale Water Supplier Wastewater Treatment Utility Address: P.O. Box 9277 Email: gustavogo @cctexas.com N Regional Water Planning Group: Map Groundwater Conservation District: 18 Map Completed By: Brent Clayton City: Corpus Christi Zip Code: 78469 -972: Telephone Number: 361-826 -1874 Date: 3/13/2013 Check all that apply: Title: Water Resource Planner TiReceived financial assistance of $500,000 or more from TWDB Have 3,300 or more retail connections Have a water right with TCEQ Section 1: Utility Data A. Population and Service Area Data 1. Current service area size in square miles: 140 (Attach or email a copy of the service area map.) 2. Provide historical service area population for the previous five years, starting with the most current year. Year Historical Population Served By Retail Water Service Historical Population Served By Wholesale Water Service Historical Population Served By Wastewater Service 2008 297,447 432,890 297,447 2009 297,447 433,716 297,447 2010 305,215 442,324 305,215 2011 307,728 446,212 307,728 2012 312,065 451,944 312,065 3. Provide the projected service area population for the following decades. Year Projected Population Served By Retail Water Service Projected Population Served By Wholesale Water Service Projected Population Served By Wastewater Service 2020 356,123 531,843 356,123 2030 391,077 583,752 391,077 2040 412,761 628,161 412,761 2050 448,879 666,843 448,879 2060 470,523 697,732 470,523, 4. Describe the source(s) /method(s) for estimating current and projected populations. Historical population served by retail water was gathered from City of Corpus Christi staff and 2010 Census data. Historical population served by wholesale water service was calculated using 2010 Census values and percentage growth values from the Regional N Water Plan Historical population served by wastewater service is the same as retail water. Projected Population Served by Retail Water Service gathered from 2010 Coastal Bend Regional Water Plan, Table 2 -2. Projected Population Served by Wholesale Water Service - Summed projected population of each community served, from Region N Plan, Table 2 -2. 40 B. System Input Provide system input data for the previous five years. Total System Input = Self -- supplied + Imported — Exported Year Self - supplied Water in Gallons Purchased /Imported Water in Gallons Exported Water in Gallons Total System Input 2008 23,883,000,000 13,968,000,000 11,170,000,000 26,681,000,000 2009 28,593,000,000 11,862,000,000 11,183,000,000 29,272,000,000 2010 19,562,000,000 12,997,000,000 6,821,000,000 25,738,000,000 2011 29,847,000,000 9,949,000,000 10,969,000,000 28,827,000,000 2012 24,521,000,000 12,230,000,000 9,577,000,000 27,174,000,000 C. Water Supply System (Attach description of water system) 1. Designed daily capacity of system 2. Storage Capacity: Elevated Ground 161,000,000 gallons per day 5,000,000 gallons 55,150,000 gallons 3. List all current water supply sources in gallons: Water Supply Source Source Type* Total Gallons Lake Corpus Christi Surface water 83,824,842,826 226,555,475,060 Choke Canyon ReservcSurface water Lake Texana Contract 13,633,605,840 Select Select Select *Select one of the following source types: Surface water, Groundwater, or Contract 4. If surface water is a source type, do you recycle backwash to the head of the plant? Yes 7,500,000 estimated gallons per day No 41 D. Projected Demands 1. Estimate the water supply requirements for the next ten years using population trends, historical water use, economic growth, etc. Year Population Water Demands (gallons) 2013 455,151 41,000,000,000 2014 465,390 42,222,557,942 2015 475,858 43,085,740,913 2016 486,563 48,030,317,189 2017 497,508 52,009,904,031 2018 508,699 52,525,948,530 2019 520,142 53,048,185,563 2020 531,843 53,576,689,440 2021 543,543 54,111,535,364 2022 555,502 54,652,799,439 2. Describe sources of data and how projected water demands were determined. Attach additional sheets if necessary. The population projection is for the REGION. It was determined by using the 2012 population and 2020 projection to calculate an annual growth rate of 2.2 %. The water demands for the region were calculated by using the same percentage growth from population projections (2.2 %) and subtracting 1% for conservation goals. This equates to 1.2% annual growth in demand, primarily municipal. In addition to that regular municipal growth, demand from nine potential industrial customers was added in years 2014 -2017. The additional demand from new industry is approximately: Year 2014: 730,557,942 gal 2015: 365,278,971 gal 2016: 4,440,697,428 gal 2017: 3,469,661,448 gal 42 E. High Volume Customers 1. If applicable, list the annual water use for the five highest volume RETAIL customers. Select one of the following water use categories to describe the customer; choose Residential, Industrial, Commercial, Institutional, or Agricultural. Retail Customer Water Use Category* Annual Water Use Treated or Raw Valero Refining Industrial 2,237,220,000 Treated Lyondell Chemical Co. Industrial 1,863,461,000 Treated Koch Refining Industrial 1,706,661,000 Treated Koch Refining Industrial 831,590,000 Treated Calpine Industrial 559,130,000 Treated *For definitions on recommended customer categories for classifying customer water use, refer to the Guidance and Methodology for Reporting on Water Conservation and Water Use. 2. If applicable, list the annual water use for the five highest volume WHOLESALE customers. Select one of the following water use categories to describe the customer; choose Municipal, Industrial, Commercial, Institutional, or Agricultural. Wholesale Customer Water Use Category* Annual Water Use Treated or Raw San Patricio Municipal Wat' Select 7,503,168,000 Raw City of Alice Select 2,362,228,000 Raw City of Beeville Select 1,314,951,000 Raw South Texas Water AutoritrSelect 549,350,000 Treated Neuces Co. WCID #4 Select 497,305,000 Treated *For definitions on recommended customer categories for classifying customer water use, refer to the Guidance and Methodology for Reporting on Water Conservation and Water Use. 43 Section 11. Retail System Data If you do not provide retail water, go to Section III. A. Retail Connections 1. List the active retail connections by major water use category. - r.�.WWx::'x «ccc'=..'m.�, 9 8 k°p 'adneEH6s s °.s°waPFU° it[; - 8�� V' ei ate r KR � �.� c ° , _ .,. ':a i 4 IkG . ;? _ sd°: -.��i : =,°8 :i WOP e ,1 tte p! _ e n �,tisp can ID B rte. ° Residential - Single Family 2011 81,000 0 81,000 Residential — Multi - family (units) 423 979 0 979' Industrial 3,429 079,01 3 869,811,000 18 0 18 Commercial -47 2,181 0 2,181 Institutional 0 1,137 0 1,137'' Agricultural 79 0 0 0 129 TOTAL 85,315 0 85,315 *For definitions on recommended customer categories for classifying customer water use, refer to the Guidance and Methodology for Reporting on Water Conservation and Water Use. 2. List the net number of new retail connections by water use category for the previous five years. er 9 Vii'3, "vti:• ° R »«.�.:.�°.dY:, '. Y1. .« G-e'�tte.F � E: [ F:.:=a •: �mEGHIi ° PW�4daie:�4,it' e. 2008 2009 0stlf�F e c'<", K sp •s:rd. °.Ad�:R.:3 's g..:. �.x, c E:,e : 2010 2011 2012 Residential Single Family 1,777,047,01 1,000 423 263 568 1,048 Residential — Multi- family (units) 3,429 079,01 3 869,811,000 33' 581 86 50 -47 Industrial 0 0 -17', -6 0 7 -6 Commercial 79 -636 -142 132 129 Institutional 7 59 -39 14 -19 Agricultural 0 0 0 0 0 TOTAL 1,102 421 168 771 1,105 For definitions on recommended customer categories for classifying customer water use, refer to the Guidance and Methodology for Reporting on Water Conservation and Water Use. B. Retail Water Accounting Data - Water Use Categories For the previous five years, enter the number of gallons of RETAIL water provided in each major water use category. Residential - Single Family s» ur: , ,.:. €.. "._.,I,.' ea 2008 2009 A ''_ a4aF , 2010 2011 2012 6,938,500,01E 7,274,661,00 ( 7,860,176,001 6,428,436,01: 7,802,013,000 Residential — Multi-family 1, 266, 031,00(1, 727, 963 ,0011,706,633,011,792,103,000 1,777,047,01 Industrial 11,215,108,01 10,629,910,01 10,291,335,1;104,444,590,0 11,191,421,1; Commercial 4,395,903,00 ( 3,636 586,00 3,429 079,01 3 869,811,000 3,744 294,01! Institutional 838,281,000 1,113,207,001 1,022,418,01' 1,170,878,000 997,626,000. Agricultural 0 0 0 0 0 TOTAL 24,989,984,0 24,967,842,0 22,877,901, 119,079,395,0 24,648,888,1; For definitions on recommended customer categories for classifying customer water use, refer to the Guidance and Methodology for Reporting on Water Conservation and Water Use. 45 C. Retail Water Accounting Data - Annual and Seasonal Use For the previous five years, enter the number of gallons provided to RETAIL customers. TREATED RAW 2008 2009 2010 2011 2012 January 1,705,178,000 1,611,643,000 1,391,348,000 1,511,280,000 1,662,045,000 February 1,595,165,000 1,640,234,000 1,470,857,000 1,724,705,000 1,619,771,000 March 1,723,181,000 1,916,407,000 1,713,651,000 1,708,092,000 1,543,683,000 April 1,967,995,000 2,065,702,000 1,782,504,000 1,939,644,000 2,054,751,000 2,211,578,000 2,125,106,000 May 2,363,196,000 2,109,063,000 1,915,393,000 2,164,708,000 a " 2,279,660,000 2,456,525,000 1,939,886,000 2,138 681,000 dl '" E" ET. 1,989,159,000 2,482,952,000 1,919,630,000 2,279 337,000 2,353,010,000 2,315,491,000 iutiG` =w° 2,319,544,000 2,195,283,000 2,027,583,000 2,432,124,000 September 1,793,681,000 1,745,541,000 1,612,313,000 2,067,756,000 2,079,607,000 October 1,838,550,000 1,664,219,000 2,045,253,000 1,870,060,000 1,806,203,000 1,833,606,000 November 1,682,971,000 1,624,329,000 1,754,376,000 1,684,505,000 December 1,736,200,000 1,549,330,000 1,609,584,000 1,727,493,000 1,766,517,000 23,371,368,000 TOTAL 22,994,480,00C 23,061,228,00C 21,182,378,00C 23,248,385,00C RAW RETAIL 2008 2009 2010 2011 2012 January 184,547,000 162,466,000 96,266,000 142406000 124,872,000 February 180,547,000 150,101,000 76,936,000 129,606,000 121,931,000 March 174,000,000 156,213,000 170,231,000 137,145,000 156,124,000 104,726,000 57,205,000 April 136,035,000 184,426,000 128,195,000 155,815,000 May 200,670,000 174,190,000 175,164,000 165,362,000 181,369,000 178,229,000 ,229,000 159 264 000 182 150 000 69,286 000 188,869,000 196,160,000 149,023,000 186,308,000 , 74,054,000 r[`�..°' ���+'- tFi9:".y"°�:ij.q. ed� .�iY»CE 174,305,000 166,261,000 177,803,000 172,425,000 81,272,000 September 190,665,000 142,209,000 105,001,000 137,612,000 105,151,000 October 176,652,000 152,832,000 153,880,000 148,987,000 154,002,000 November 153,705,000 125,789,000 143,971,000 143,022,000 105,173,000 December 154,140,000 117,639,000 159,789,000 130,041,000 123,724,000 TOTAL 2,095,504,000 1,906,515,000 1,741,663,000 1,830,879,000 1,277,520,000 RETAIL 2008 2009 2010 2011 2012 Average in Gallons v fra r •- KK.,Er: -� = IL_ aG.`.«' i!:': L" °:�`=::: °fye. 9'8: »£m'yiYwi% 7,132,906,0 7,675,411 6, 373,189,0 7,391,025,0 7,018,219,0 7 11$ 149 800 ' Syr Average TOTAL Retail (Treated + Raw) 25,089,984, 24,967,7, 22,924,041; 25,079,264, 24,648,888, 24,541,984,000 E 5yr Average 46 D. Water Loss Provide Water Loss Data for the previous five years. Water Loss GPCD = [Total Water Loss in Gallons ÷ Permanent Population Served] ÷ 365 Water Loss Percentage = [Total Water Lass -Total System Input] x 100 Year Total Water Loss in Gallons Water Loss in GPCD Water Loss as a Percentage 2008 73,098,630 97,850,000 0% 2009 80,197,260 96,220,000 0% 2010 1,338,416,000 12 5% 2011 945,865,000 8 3% 2012 1,893,644,000 17 7% 5 -year average 835,585,000 7 3% E. Peak Day Use Provide the Average Daily Use and Peak Day Use for the previous five years. Year Average Daily Use (gal) Peak Day Use (gal) Peak Factor 2008 73,098,630 97,850,000 1.34 2009 80,197,260 96,220,000 1.20 2010 70,515,068 83,960,000 1.19 2011 78,978,082 98,830,000 1.25 2012 74,449,315 103,500,000 1.39 47 Section 111: Wholesale System Data If you do not provide wholesale water, go to Section IV. A. Wholesale Connections 1. List the active wholesale connections by major water use category. �ae§�L,ry tie$ c}ac msm�§. Em se z tl i _ � �a � � ufliY@:a:� -- -- --,,,,, _ �°� �ma 9 6P E9:aR .§ Z9 �€e Y � are- §7� �� ! . b '.7 m >n�a�3� »�14 = =,��Si� .2�k ". ".,� ..��..�'�S £-°''ati �cz.�„�, � sears§ °&g° §' � 1I�� lie 0 `��aY 8 �. €emu §$� s € - pE • �>n. °� �., a �'....�ii� ..� Municipal Municipal 1 9 1 0 0 9 Industrial 0 0 0 0 0 0 0 Commercial 0 0 0 0 0 0 0 Institutional Agricultural 0 0 0 0 0 0 Agricultural 0 0 0 TOTAL 9 0 9 *For definitions on recommended customer categories for classifying customer water use, refer to the Guidance and Methodology for Reporting on Water Conservation and Water Use. 2. List the net number of new wholesale connections by water use category for the previous five years. ,•.. E S " Y L6. ? d" `o-'] €:{ iN,. . e...g.. F v...__§.o.,... t . :..:.. ... . ^n,::C; ^ »§'✓ »3 :g:• ••by8pe6� n ^ii» C... ».... « »id•£C» Fri•C :: � ;P.ye•ev'%• l��r/ .:. :...:.:. .::..:.:....::..S.ST "I.SR6CceC891§dd 8aV46 ma3a ^?3[. F§�s « «..- .... «« .>Y:i3 ^.":: » » ».,..:£:. ....« >......9"'EX' : $.y Uid�wg£d»v. :.:»:.� »,»CFA mm4 P�¢.ofb"° £: §s£f»»C«z %c >:« ».... 3� ». .yY _...y ...,.. d m.,.... §a9�§F fir` ..L.is v..Fn4:tC. »m. -" -::. § m .... � 115A '� '« .". ": »Ea d: a YK:- _ £.�.«R"'(Sl�.$3[§; °: � ��111�3y �.'. - 69 d .... rs. .:.. >" Rdrsre 2008 2009 2010 2011 2012 Municipal 1 0 1 0 0 Industrial 0 0 0 0 0 Commercial 0 0 0 0 0 Institutional 0 0 0 0 0 Agricultural 0 0 0 0 0 TOTAL For definitions on recommended customer categories for classifying customer water use, refer to the Guidance and Methodology for Reporting on Water Conservation and Water Use. B. Wholesale Water Accounting Data - Water Use Categories For the previous five years, enter the number of gallons of WHOLESALE water exported (sold or transferred) to each major water use category. 3 - :1 9a8 °» F ........m...m�3 F . :.. Municipal .L. Y:tl9 C3tl 2008 m i raia 41:x:B- l0V 0_ 2010 AIe:� «- •w�tla 2011 --'�z- 2012 2009 12,139,165, Mill 12,881,134 10,077,873,0(13,985,222,01 12,872,880,01 Industrial •■■•••••.4 Commercial Institutional Agricultural TOTAL 12, 139, 165,! 12,881,134 10,077,873,0( 13,985,222,01 12,872,880,0 *For definitions on recommended customer categories for classifying customer water use, refer to the Guidance and Methodology for Reporting on Water Conservation and Water Use. 49 C. Wholesale Water Accounting Data - Annual and Seasonal Use For the previous five years, enter the number of gallons exported (sold or transferred) to WHOLESALE customers. TREATED RAW 2008 2009 2010 2011 2012 January 156,036 000 163,398 000 139,053 000 125,804 000 140,348,000 Februar 147, 242,000 167,103, 000 103, 230, 000 147,113, 000 124,898,000 March 150,369 000 178,741 000 157 652 000 171 023,000 192,433,000 Aril 185,119,000 203,186,000 128,302,000 293,961,000 119,278,000 Ma 187,865,000 204,434 000 213,432 000 259,289,000 224 211,000 216,823,000 126,365 000 216,230,000 131 363,000 132,691,000 ;Jeri= asmgave a 14 -E : bas 207 798,000 295 011 000 200,233 000 243,039,000 106 542 000 moAu t r e 181,726,000 286,514,000 226 918 000 238,534,000 121,995,000 September 176,021,000 177,458,000 216 989,000 222,656,000 74,467,000 October 174,066,000 174 148 000 168 765 000 202 247 000 133,888 000 November 164,012,000 149,933,000 149,667,000 182,775,000 43,383,000 December 148,336,000 161 285 000 163 231,000 138 335,000 62,779,000 TOTAL 2 083 024000 2,429 498,000 2,095 074,000 2 308,082,000 1,384,065 000 RAW WHOLESALE 2008 2009 2010 2011 2012 January 747,373,000 773,039,000 636,782,000 722,659,000 933,462,000 February 836,069,000 724,658,000 506,561,000 621,342,000 571,041,000 March 760,960,000 845,572,000 879,568,000 1,352,647,000 745,128,000 April 800,326,000 964,408,000 670,209,000 515,765,000 931,564,000 May 900,475,000 878,828,000 807,813,000 954,518,000 812,428,000 .... ap*�;.ya »x:e > >'.m vaii 1,092,487,000 1,108,488,000 714,347,000 1,119,197,000 1,149,667,000 1,030,782,000 �' my % `," ' 907,435,000 1,259,795,000 617,645,000 1,193,283,000 881,319,000 1,047,826,000 719,526,000 1,352,491,000 1,336,807,000 September 739,859,000 806,000,000 605,666,000 1,130,371,000 1,245,427,000 October 924,450,000 755,351,000 562,124,000 1,062,881,000 880,124,000 November 793,863,000 754,721,000 652,893,000 609,665,000 844,904,000 807,082,000 1,053,925,000 798,460,000 December 671,343,000 532,941,000 TOTAL 10,055,959,00C 10,451,627,00C 7,982,799,000 11,677,140,00C 11,488,815,00C WHOLESALE 2008 2009 2010 2011 2012 Average in Gallons ges 3,475,199,0 4,256 ,923 2,695,492,0 4,362,774,( 3,878,484 3 733 774 400 ' Syr Average TOTAL Wholesale (Treated + Raw) 12, 138, 983,12 ,881,12:10,077,873,13,985,222, 12,872,88 12,391,216,600 5yr Average 50 D. Water Loss Provide Water Loss Data for the previous five years. Water Loss GPCD = [Total Water Loss in Gallons _ Permanent Population Served] _ 365 Water Loss Percentage = [Total Water Loss Total System Input] x 100 Year Total Water Loss in Gallons Water Loss in GPCD Water Loss as a Percentage 2008 73,098,630 0% 2009 80,197,260 0% 2010 70,515,068 0% 2011 78,978,082 0% 2012 74,449,315 0% 5 -year average 0 0 0% E. Peak Day Use Provide the Average Daily Use and Peak Day Use for the previous five years. Year Average Daily Use (gal) Peak Day Use (gal) Peak Factor 2008 73,098,630 0.00 2009 80,197,260 0.00 2010 70,515,068 0.00 2011 78,978,082 0.00 2012 74,449,315 0.00 51 Section IV: Wastewater System Data If you do not provide wastewater system services then you have completed the Utility Profile. Save and Print this form to submit with your Plan. Continue with the Water Conservation Plan Checklist to complete your Water Conservation Plan. 52 A. Wastewater System Data (Attach a description of your wastewater system) 1. Design capacity of wastewater treatment plant(s): 42,700,000 gallons per day. 2. Provide data on the types of recycling and reuse activities implemented during the current reporting period. 3. Could treated wastewater be substituted for potable water? 0 Yes 0 No B. Wastewater Data for Service Area 1. Percent of water service area served by wastewater system: 99 2. Monthly treated wastewater volume in gallons, for the previous five years. Total Annual Volume (in gallons) On -site irrigation 2010 Plant wash down 2012 Chlorination /de- chlorination 844,794,000 Industrial 983,432,000 Landscape irrigation (parks, golf courses) 456,000,000 Agricultural 767,407,000 Discharge to surface water 1,024,434,000 Evaporation pond 456,000,000 3. Could treated wastewater be substituted for potable water? 0 Yes 0 No B. Wastewater Data for Service Area 1. Percent of water service area served by wastewater system: 99 2. Monthly treated wastewater volume in gallons, for the previous five years. You have completed the Utility Profile. Save and Print this form to submit with your Plan. Continue with the Water Conservation Plan Checklist to complete your Water Conservation Plan. 53 2008 2009 2010 2011 2012 January 844,794,000 797,073,000 983,432,000 903,991,000 762,135,000 February 767,407,000 729,539,000 1,024,434,000 824,264,000 776,272,000 March 845,987,000 808,465,000 880,390,000 811,053,000 788,485,000 April 835,953,000 787,865,000 825,083,000 761,910,000 796,530,000 May 854,626,000 826,535,000 828,120,000 812,386,000 847,044,000 June 814,734,000 794,940,000 846,968,000 782,970,000 792,510,000 July 966,682,000 828,763,000 963,373,000 799,490,000 821,469,000 August 932,520,000 825,497,000 854,765,000 800,327,000 817,563,000 816,630,000 September 865,137,000 887,930,000 1,252,114,000 747,780,000 October 845,260,000 878,410,000 869,442,000 774,194,000 795,522,000 November 786,877,000 897,954,000 804,930,000 742,290,000 749,460,000 December 803,557,000 995,703,000 798,343,000 779,433,000 766,041,000 TOTAL 10,163,534,000 10,058,674,00(10,931,394,00( 9,540,088,000 9,529,661,000 You have completed the Utility Profile. Save and Print this form to submit with your Plan. Continue with the Water Conservation Plan Checklist to complete your Water Conservation Plan. 53 AXAS NATURAL RESOURCE CONSERVATION COMMISSION AN AGREED ORDER Amending the operational•proceduures and continuing an Advisory Council pertaining to Special Condition 5.B., Certificate of Adjudication No. 21-3214; Docket No. 2001 -0230-WR On April 4, 2001, came to be considered before the Texas Natural Resource Conservation Commission ( "Commission ") the Motion by the City of Corpus Christi andNueces River Authority for the adoption of an amendment to the Agreed Order issued April 28, 1995, establishing operating procedures pertaining to Special Condition 5.B., Certificate of Adjudication No. 21 -3214, held by the City of Corpus Christi, the Nueces River Authority, and the City of Three Rivers" .(the two cities and river authority shall be referred to herein as "Certificate Holders ")_ The Certificate Holders and the Executive Director of the Texas Natural Resource Conservation Commission have agreed-to the provisions of this Agreed Order., The City of Corpus Christi (managing entity) requests that Section 2 of this Agreed Order be amended to add further detail to the provisions regarding the use ofwater for bays and estuaries and to make changes in the required passage of inflows for the bays and estuaries automatic.at'40 percent and 30 percent of total reservoir system capacity upon institution of mandatory outdoor watering restrictions. Additionally, Certificate Holders request the most recent.bathymetiic survejrs be used for determining reservoir system storage capacity. The Certificate Holders request details' be added regarding provisions for two projects to enhance /augment the amount of freshwater going into the receiving estuary and timelines for those projects. After considering the proposals and the.presentations of the parties, the Commission finds that it has authority to establish operational procedures under Special Condition 5.B. of Certificate of Adjudication No. 21 -3214, and that operational procedures previously established should•be amended. The Commission finds that, because of the need to continue to monitor the ecological environment and health of related living marine resources of the estuaries to assess the effectiveness of freshwater inflows provided by requirements contained in this Agreed Order relating relea'ses and spills ,front Choke.Canyon Reservoir and Lake Corpus Christi ( collectively. referred:to.as ;the . Reservoir System); as well as 'return flows, and to evaluate. potential impacts which may oecur'to the . reservoirs as well as to the availability ofwater to meet the needs of the Certificate.Holders and their.. customers which mayresult from those operationalprocedures, the existing advisory council should be maintained to consider such additional information and related issues and to formulate recommendations for the Commission's review. The Commission additionally finds that based. on the preliminary application of the Texas Water Development Board's Mathematical Programming Optimization Model, (GRG 2);138,000 acre -feet of fresh water is necessary to achieve maximum harvest in the Nueces Estuary; and, therefore, when water is- impounded in the Lake Corpus Christi -Choke Canyon Reservoir System to the extent greater than 70 percent of the system's storage capacity, the delivery of 138,000 54 acre -feet of water to Nueces Bay and/or the Nueces Delta, by a combination of releases and spills, together with diversions and return flows noted below, should be accomplished; and that during periods when the reservoir system contains less than 70, percent storage capacity, reductions in releases and spills, along with diversions and return flows, are appropriate in that a satisfactory level of marine harvest will be sustained .and the.ecblogical health of the receiving estuaries will be maintained. The Commission finds that return flows, other than to Nueces Bay and/or the Nueces Delta, that are delivered to Corpus Christi Bay and other receiving estuaries are currently in the assumed amount of 54,000 acre -feet per annum (per calendar year), and that they shall be credited at this amount until such time as it is shown that actual return flows to Corpus Christi Bay and other receiving estuaries exceed 54,000 acre -feet per annum. The Commission finds that by contractual relationships, the City of Corpus Christi is the managing entity for operating the Reservoir System. The Commission finds that the Motion by the City of Corpus Christi and Nueces River Authority to Amend this Agreed Order is reasonable and should be granted. B enefits of the proposed diversion project and operating changes will include increased water supply, increased reservoir storage levels, increased positive flow events for Rincon Bayou and the upper Nueces Delta, increased sources of nitrogen for the upper delta, and lower' salinity levels in the upper delta. When the Commission uses the word "release" in this Order, release means spills, inflow passage, intentional releases, and return flows; provided, however, under this Order no release from storage is required to meet conditions of this Order. By consenting to the issuance of this Agreed Order, no party admits or denies any claim, nor waives with respect to any subsequent proceeding any interpretation or argument which may be contrary to the provisions of this Agreed Order. NOW, THEREFORE, BE IT ORDERED BY THE TEXAS NATURAL RESOURCE . CONSERVATION COMMISSION THAT: . 1. • . a: The City of Carpus Christi, as operator of the Choke CanyonfLake .Corpus -Christi ' . ':.reservoirs'(ttie "Reservoir :Systein6), sha11 provide not less than 151,000 acre-feet of water per annum (per calerdar year) for the estuaries by a combination of releases arid spills from the Reservoir System at Lake Corpus Christi Dam and return flows to Nueces and Corpus Christi Bays and other receiving estuaries (including such . credits as may be appropriate for diversion of river flows and/or return flows to the Nueces Delta and/or Nueces Bay), as computed and to the extent provided for herein. b. When water impounded in the Reservoir System is greater than or equal to 70 percent of storage capacity, a target amount of 138,000 acre -feet is to be delivered to Nueces Bay and/or the Nueces Delta by a combination of releases- and spills from Page 2 of 11 55 the Reservoir System as well as diversions and return flows. In accordance with the monthly schedule and except as provided otherwise in this Agreed Order, target inflows to Nueces Bay and/or the Nueces Delta shall be in the acre -foot amounts as follow::. . • January 2,500 Tilly 6,500 February 2,500 August 6,500 March 3,500 September 28,500 April 3,500 October 20,000 May 25,500 November 9,000 June 25,500 December 4,500 It is expressly provided, however, that releases from Reservoir System storage shall not be required to satisfy the above targeted inflow amounts, as calculated in Subparagraph d. c. When water impounded in the Reservoir System is less than 70 percent but greater than or equal to 40 percent of storage capacity, a targeted amount of97,000 acre -feet is to be delivered to Nueces Bay . and /or the Nueces Delta by a combination of releases and spills from the Reservoir System as well as diversions and return flows. In accordance with the monthly schedule and except as provided otherwise in this Agreed Order, target inflows to .Nueces Bay and/or the Nueces Delta shall be in the • acre -foot amounts as follows: January 2,500 July 4,500 February 2,500 August 5,000 March 3,500 September 11,500 April 3,500 October 9,000 May 23,500 November 4,000 June 23,000 December 4,500 It is expressly provided, however, that releases from Reservoir System storage shall not be required to satisfy the above targeted inflow amounts as calculated- in Subparagraph d. ... . d. . The amounts of water required in. subparagraphs 1.b. and 1.c. will consist of return flows, and intentional diversions, as well as spills and releases from the Reservoir System as defined in this subparagraph. For purposes of compliance with monthly targeted amounts prescribed above, the spills and releases described in this paragraph shall be measured at the U.S. Geological Survey stream monitoring station on the Nueces River at Calallen, Texas (USGS Station No. 08211500). Any inflows, including measured wastewater effluent and rainfall runoffineeting lawful discharge standards which are intentionally diverted to the upper Nueces Delta region, shall be credited toward the total inflow amount delivered to Nueces Bay and/or the Nueces Page .3 of 11 56 • Delta. Inflow passage from the Reservoir System for the purpose of compliance with the monthly targeted amounts prescribed in subparagraphs 1.b. and 1.c. shall in no case exceed the estimated inflow to Lake Corpus Christi as if there were no impoundment of inflows at Choke Canyon Reservoir. The estimated inflow to Lake Corpus' Christi as if there were no impoundment of inflows at Choke ,Canyon Reservoir shall be computed as the sum of the flows measured at the U.S. Geological Survey (USGS) STREAMFLOW .GAGING STATIONS ON THE Nueces River near Three Rivers (USGS No. 082,10000), Frio River at .Tilden, Texas (USGS No. 08206600), and San Miguel Creek near Tilden, Texas (USGS No. 08206700) less computed releases and spills from Choke Canyon Reservoir. e. The passage of inflow necessary to meet the monthly targeted allocations may be distributed over the calendar month in a manner to be determined by the City. Relief from the above requirements shall be available under subparagraphs (1) or (2) below and Section 2.(b) and 3.(c) at the option of the City of Corpus Christi. However, passage of inflow may only be reduced under one of those subparagraphs below, for any given month. (1) Inflows to Nueces Bay and /or the Nueces Delta in excess of the required monthly targeted amount may be credited for up to fifty (50) percent of the targeted requirement 'for the following month, based on the amount received'. (2) When the mean salinity in Upper Nueces Bay (Lat. 27 °51'02 ", Long. 97 °28'52 ") for a .10 -day period, ending at any time during the calendar month for which the reduction of the passage of inflow is sought, is below the SUB *, pass through of inflow from the reservoir system for that same calendar month may be reduced as follows: (a) For any month other than May, June, September and October, if 5 parts per thousand (ppt) below the SUB for the month, a reduction of 25% of the current month's targeted Nueces. Bay inflow; (b) If 10 ppt below the SUB for the month, a reduction of 50 % of the current month's targeted Nueces Bay inflow. except that•credit under this provision is limited to 25 % during the".months of May, June, September and October; : . UB" Means "salinity upper bounds" as set forth more specifically in Section 3.b. (0) If 15 ppt below the SUB for that month, a reduction of 75% of the current month's targeted Nueces Bay inflow. • Page 4 of 11 57 The City of Corpus Christi shall submit monthly reports to the Commission containing daily inflow amounts provided to the Nueces Estuary in accordance with this Agreed Order through releases, spills, return flows and other freshwater inflows. a: Certificate holders are to provide in any future contracts or any amendments,' modifications or changes to existing contracts the condition that all wholesale. customers and any subsequent wh.olesale,customers shall develop and have in effect awater conservation and drought managementplan consistent with Commission rule. The City of Corpus. Christi shall solicit from its customers and report to the Commission annually the result of conservation under the City's plan, the customers' plans, and the feasibility of implementing conservation plans and programs for all users of water from the reservoir system. This report shall be submitted with the Certificate Holder's annual water use report as provided by 31 T.A.C. §295.202. b. The Certificate Holders may reduce targeted Nueces Bay inflows during times of prolonged drought in accordance with this subparagraph 2. (I) When the combined storage in the Choke Canyon/Lake Corpus Christi reservoir system (Reservoir System Storage) falls below 50% of the total system storage capacity, the City of Corpus. Christi shall issue public notice advising " and informing the water users of the region of voluntary conservation measures that are requested immediately' and required drought management measures to be taken should the Reservoir System Storage -fall to under 40% and/or 30% of total system Storage capacity. To the' extent of its legal authority, the City of Corpus Christi shall require its wholesale customers to issue public notice advising and informing thewaterusers of the region of voluntary conservation measures that are requested immediately and required drought management measures to be taken should the Reservoir System Storage fall to under 40 %, andlor. 30% of total system storage capacity. (2) In any month when Reservoir System Storage is less than 40 %, but equal to . or greater than 30% of total. system storage capacity, the City of Corpus Christi shall implement time of day outdoor watering restrictions and shall reduce targeted inflows sto Nueces Bay to 1,200 acre -feet per month (1,200 acre-feet per month represents the quantity ofwater that is the median inflow into Lake Corpus Christi during the drought of record). Time of day outdoor watering restrictions prohibit lawn watering between the hours of 10:00 o'clock a.m. and 6:00 o'clock p.m. and are subj ect to additional conditions as described in the City of Corpus Christi's approved "Water Conservation and Drought Contingency Plan ( "Plan ")." To the extent of its legal authority, the City of Corpus Christi shall require its wholesale customers to implement time of day outdoor watering restrictions similar to those of the City. Page 5 of 11 58 (3) In any month when Reservoir System Storage is less than 30% of total system storage capacity, the City of Corpus Christi shall implement a lawn watering schedule in addition to time of day outdoor watering restrictions (see subparagraph 2.b.(2)) and shall suspend the passage of inflow from 'the Reservoir System for targeted inflows to Nueces Bay. 'However, return flows directed into Nueces Bay and/or the Nueces Delta shall continue. The lawn watering schedule shall allow customers to water lawns no oftener than every five days, subject to the time of day restrictions described in subparagraph 2.b.(2) and any additional conditions as described in the City's Plan. (4) Certificate Holders' may implement whole or partial suspension of the passage of inflow through the reservoir as described above when the City implements, and requires its customers to implement, water conservation and drought management measures at diminished Reservoir System levels, as set forth in subparagraphs b.(2) and b.(3). c. For purposes of this Agreed Order, Reservoir System storage capacity shall be determined by the most recently completed bathymetric survey of each reservoir. As of 2001, completed bathymetric surveys of each reservoir reports conservation storage capacities of 695,271 acre -feet (below 220.5 feet mean sea level) for Choke Canyon Reservoir (Volumetric' Survey of Choke Canyon Reservoir, TWDB September 23, 1993) and 241,241 acre -feet (below 94 feet mean sea level) for Lake Corpus Christi (Regional Water Supply Planning Study-Phase I Nueces River Basin, HDR, December, 1990). d. Percentage of the Reservoir System capacity shall be determined on a daily basis and shall govern, in part, the inflow to be passed through the reservoir during the remaining days of the month. e. Within the first ten days of each month, the City of Corpus Christi shall submit to the Commission a monthly report containing the daily capacity of the Reservoir System in percentages and mean sea levels as recorded for the previous month as well as reservoir surface areas and estimated inflows to Lake Corpus Christi assuming no impoundment of inflows at Choke .Canyon•Reservoir. The report shall indicate :which gages• or measuring devices Were used to determine Reservoir System capacity and estimate inflows to Lake Corpus Christi. f. Concurrent with implementing subparagraphs 2.b.(1) through 2.b.(3), the City shall proceed to: 1. Acquire land rights to properties necessary to re -open the Nueces River Overflow Channel and make the Nueces River Overflow Channel and Rincon Bayou Overflow Channel permanent features ofthe Rincon B ayou Diversion; Page 6of 11 59 2. Construct and operate a conveyance facility to deliver up to 3,000 acre -feet per month of required Reservoir Systern "pass - throughs" directly from the Calallen Pool into the Upper Rincon Bayou by use of one or two of the five authorized points of diversion under Certificate of Adjudication No. 2464, being the.existing San Patricio Municipal Water District point of diversion and/or a point on the North bank of the Calallen Pool located at. Latitude. 27.8823 °N, Lonj tudee97.6254 °W, also bearing S 27° 24' W, 4,739 feet from the southwest comer of the I.H.W. Ottman Survey, Abstract No. 212, San.Patricio County, Texas, where the water will be pumped at the maximum rate of 45,000 gprri; and 3.. Implement an on -going monitoring and assessment program designed to.. facilitate an "adaptive management " program for freshwater inflows into the Nueces Estuary. . 4. Construction necessary to implement subparagraph 211. shall be accomplished by December 31, 2001 and work necessary .to accomplish subparagraph 212. shall be accomplished by December 31, 2002. 5. In the event the City fails to timely complete the work set forth in subparagraphs 211. and 2.f.2., this amendment shall automatically terminate and the provisions of the Agreed Order of Apri.1• 28, 1.995 shall be reinstated and become operative despite this amendment, unless the Executive Director grants a modification after consideririgthe recommendations of the Nueces Estuary Advisory Council. g The Executive Director is delegated authority to make Modifications to subparagraph 2.f., after considering the recommendations of the Nueces Estuary Advisory Council. However, changes maybe made through this process only with the City's consent if the changes resultin increased costs to the City. If the Executive Director makes modifications to subparagraph 2.f. as authorized in this paragraph, any affected person. may file With the chief clerk a motion for reconsideration oftheExecutiveDirectot's action no laterthan 23 days after the date the Executive Director mails notice ofthe,modificationto the City. Thismotion shall . be considered under the provisions of30 Texas Administrative :Code § 50.39(d) and (e). h.. The City shall obtain all necessary permits from the.Cornmission before beginning these projects. The deadlines set out above include time necessary to apply for, process and, if necessary, complete hearings OR these permits. 3. a. The City of Corpus Christi, with the assistance and/or participation of federal, state and local entities, shall maintain a monitoring program to assess the effect of this Page 7 of 11 60 operating plan on Nueces Bay. The cornerstone of this program is the development of a salinity monitoring program. The program shall include at least two monitoring stations, one in upper Nueces Bay (Lat. 27 °51'02 ", Long.' 97 °28'52 ") and one in mid - Nueces Bay (Lat._2.7 °51'25 ", Long. 97 °25'28 ") with the capability of providing • continuous salinity and/or conductivity.data, temperature; pH, and dissolved oxygen levels. Additional stations may be established at the recommendation of the Advisory Council (continued by paragraph 4 of this Agreed Order) to assess inflow effects throughout the estuarine system, but the City shall not be obligated to establish such additional stations except to the extent authorized by its City Council. b. The. City of Corpus Christi or its designated representatives shall monitor salinity levels in Upper and Mid-Nueces Bay. The lower (SLB) and upper (SUB) salinity bounds (in parts per thousand -ppt) developed for application of the Texas Estuarine Mathematical Programming Model and considered appropriate for use herein, are as follows: SLB SUB SLB SUB. January 5 30 July 2 25 February 5 30 August 2 25 March • . 5 . 30 September 5 20 • April . 5 , 30 .October • . 5 30 May 1 20 November 5 30 . • June 1 20 • December 5 30 c. When the average salinity for the third week (the third week includes the seven days from the 15th through 21st) of any month is at or below the subsequent month's established SLB for upper Nueces Bay (Lat. 27051 '02 ",Long. 97 °28'52 "), no releases from the Reservoir System to satisfy targeted Nueces Bay inflow mounts shall be required for that subsequent month. d. All data collected as a result of the monitoring program required by paragraph 3 of this Agreed Order shall be submitted monthly to the Commission within the first ten days of the immediately following month. .The Nueces Estuary Advisory Council shall study the feasibility 'of developing a method: of &ranting credits for Inflows. which exceed the required amounts' to replace the credits that are set out in suliparagr-aph 1.e.(1) and make recommendations to the Commission for possible implementation. That method shall have as its goal the maintenance of the proper ecological environment and health of related living marine resources and the provision of maximum reasonable credits towards monthly inflow requirements. 4. a. To assist the Commission in monitoring implementation of this Order and making recommendations to the Commission relating to any changes to this Agreed Order and the establishment of future operating procedures, the Nueces Estuary Advisory Page 8 •of 11 61 Council shall be continued. Its members shall include, but are not limited to a qualified representative chosen by each of the following entities or groups: the Executive Director of the Texas Natural Resource Conservation Commission, whose representative shall serve as chair he Texas Water Development Board; the Texas Parks and Wildlife Department;' the Texas Department of Health; the General Land Office; the holders of Certificate of Adjudication No. 21 -3214 (the Cities-of Corpus Christi and Three Rivers and the Nueces River Authority; the University of Texas Marine Science Institute; Texas A&M University - Corpus Christi; Save Lake Corpus Christi; Corpus Christi Chamber of Commerce; the City of Mathis; Coastal Bend Bays and Estuaries Program, Inc.; a commercial bay fishing group; a conservation group (e.g.- the Sierra Club and the Coastal Bend Bays Foundation); wholesale water suppliers who are customers of the Certificate Holders (e.g., the South Texas Water Authority and the San Patricio Municipal Water District); the Port of Corpus Christi Authority; and a representative of industry. The representatives should have experience and knowledge relating to current or future water use and management or environmental and economic needs of the Coastal Bend area. b. No modification shall be made to this Order without the unanimous consent of the Certificate Holders, except to the extent provided by law. c. Matters to be studied by the Nueces Estuary Advisory Council .and upon which the Executive Director shall certify recommendations to the Commis'sioirshall include, but are not limited to: (1) the effectiveness of the inflow requirements contained in this Agreed Order on Nueces Estuary and any recommended changes;" • (2) the effect of the releases from the Reservoir System upon the aquatic and wildlife habitat and other beneficial and recreational uses of Choke Canyon Reservoir and Lake Corpus Christi; (3) the development and implementation of a short and long -tern regional water management plan for the Coastal Bend Area; • the salinity level to be applied in Paragraphs 1.e. and 3 :c., at which targeted inflows in the subsequent month may be'suspended; the feasibility of - discharges at locations where the increased biological productivity justifies an inflow credit computed by multiplying the amount of discharge by a number greater' than one; and development of a methodology for granting credits for inflows which exceed the required amount to replace the credits that are set out in subparagraph 1.e.. That methodology shall have as its.goal the maintenance of the proper ecological Page9of 11 62 environment and health of related living marine resources and the provision of maximum reasonable credits towards monthly inflow requirements; and, -(6) -any other:matter pertinent to the conditions contained in this Agreed Order. Page 10 of •11 • 63 5. This Agreed Order shall remain in effect until amended or superseded by the Commission. Issued date: .• APR:05 7001 • • TEXAS NATURAL RESOURCE. ' :CONSERVATION COMMISSION • R bed J. uston, Giairman Page 11 of 11 64 INSIDE CITY LIMITS: CITY OF CORPUS CHRISTI - UTILITIES BUSINESS OFFICE UTILITY RATE SCHEDULE MONTHLY CHARGE FOR WATER SERVICE Effective August 1, 2012 MINIMUM MONTHLY CHARGE (FOR FIRST 2,000 GALLONS) Meter Size 5!8" x 314' 5/8" x 314' 1" 1 1/2" 2" 3" 4" 6" 8" or larger Residential $ Commercial Minimum 8.720 12.580 18.870 31.460 62.900 100.640 201.290 314.520 629.030 Meter Size OUTSIDE CITY LIMITS: 518" x 3/4" 5/8" x 314" 1" 1 112" 2" 3" 4" 6" 8" or larger Residential $ Commercial MONTHLY VOLUME CHARGES PER 1,000 GALLONS (above the minimum level) INSIDE THE CITY LIMITS: PER 1000/GALLONS Residential Minimum 10.460 15.100 22.640 37.750 75.480 120.770 241.550 377.420 754.840 OUTSIDE THE CITY LIMITS: PER 1000/GALLONS Residential First 2,000 Gallons Next 4,000 Next 4,000 Next 5,000 Next 15,000 Next 20,000 Next 50,000 Over 100,000 Commercial $ Minimum 4.172 5.215 5.997 7.301 8.865 9.648 10.43 First 2,000 Next 4,000 Next 4,000 Next 5,000 Next 15,000 Next 20,000 Next 50,000 Over 100,000 Gallons Commercial $ Minimum 1.695 2.119 2.437 2.967 3.602 3.92 4238 First 2,000 Gallons Minimum First 2,000 Gallons Minimum Over2,000 $ 5.172 Over2,000 $ 2412 Large Volume- Large Volume - Minimum Minimum Minimum Minimum First 10,000,000 Gallons $ 16,349.000 First 10,000,000 Gallons $ 27,279.000 Over 10,000,000 3.597 Over 10,000,000 1.493 Residential Irrigation Water on separate meter First 2,000 Gallons $ Minimum First 2,000 Next 4,000 7.301 Next 4,000 Next 4,000 8.865 Next 4,000 Next 5,000 9.648 Next 5,000 Next 15,000 10.430 Next 15,000 Agency for Resale Metered at the site of treatment First 2,000 Gallons Over 2,000 Minimum 0.870 Monthly charge for Raw Water Effective September 1, 2012 Raw water rate payers ICL &OCL $0.8561TGAL Raw water non rate payers ICL & OCL $0.9021TGAL Residential Irrigation Water on separate meter Gallons $ Minimum 4.671 6.235 7.018 7.800 Water delivered through City facilities First 2,000 Gallons Minimum Over 2,000 $ 1.493 Golf Course /Athletic Field !irrigation First 2,000 Gallons Minimum Over 2,000 $ 2.542 65 OPERATIONS PLAN FOR THE LAKE CORPUS CHRISTI -CHOKE CANYON RESERVOIR SYSTEM The following operations plan for the Lake Corpus Christi —Choke Canyon Reservoir water system provides for the two reservoirs to be operated as a regional water supply with primary purpose to be furnishings a dependable supply to the people in the Coastal Bend area. The plan also recognizes the need for the recreational facilities for public use and the Texas Water Commission adjudicated water permit which requires a minimum flow of 151,000 acre -feet of water annually to bays and estuaries from return flows, spills, or fresh water releases from Lake Corpus Christi once Choke Canyon Reservoir fills. The Plan consists of four phases of operation depending on the water levels in the two reservoirs. PHASE I - This phase applies only to the initial filling period of Choke Canyon Reservoir. It is necessary that this reservoir be filled at the earliest opportunity so that all structures and mechanical equipment can be tested. Initial filling of the reservoir also triggers the requirement that minimal flows be made available for bays and estuaries. 1. During the initial period, only the releases requires required by agreement between the City of Corpus Christi and the Texas Parks and Wildlife Department, varying between 15 and 33 cubic feet per second depending on the reservoir level, will be made unless Lake Corpus Christi elevation falls below elevation 86 feet. 2. If water user demand is less than 200,000 acre -feet annually and Lake Corpus Christi is at elevation 86 feet, water will be released from Choke Canyon to maintain this elevation until Choke Canyon Reservoir falls to elevation 184 feet. 3. When Lake Corpus Christi has fallen to elevation 86 feet and Choke Canyon has fallen to elevation 184 feet, Lake Corpus Christi will be allowed to drop to elevation 76 feet, at which time water will be released from Choke Canyon to allow user's intake structures at Lake Corpus Christi to be used. 4. Should water user demand excess 200,000 acre -feet annually, the water level of Lake Corpus Christi will be allowed to drop to elevation 76 feet prior to releases from Choke Canyon Reservoir. PHASE II - This phase applies after Choke Canyon Reservoir is filled and water user demand is less than 150,000 acre -feet annually. 1. A minimum of 2,000 acre -feet per month will be released from Choke Canyon Reservoir to meet conditions of the release agreement between City of Corpus Christi and the Texas Parks and Wildlife Department. 66 PHASE 111 - PHASE IV - 2. Whenever Lake Corpus Christ water surface falls to elevation 88 feet and Choke Canyon Reservoir surface elevation is above 204 feet, releases will be made from Choke Canyon Reservoir to maintain Lake Corpus Christi surface at elevation 88 feet. 3. Whenever Lake Corpus Christi water surface is at or below elevation 88 feet and Choke Canyon Reservoir surface elevation is below 204 feet, the Choke Canyon release for the current month is made equal to the Lake Corpus Christi release from the preceding month. This minimizes drawdown at Lake Corpus Christi for recreation purposes and promotes a more constant quality of water by mixing Choke Canyon Reservoir releases with Lake Corpus Christi content. This phase applies after Choke Canyon Reservoir is filled and water user demand is between 150,000 and 200,000 acre -feet annually. During this period, water release plan prepared by the Bureau of Reclamation will be followed to produce a dependable yield of 252,000 acre -feet. 1. A minimum of 200,000 acre -feet per month will be releases from Choke Canyon Reservoir to meet conditions of the release agreement between the City of Corpus Christi and the Texas Parks and Wildlife Department. 2. Whenever Lake Corpus Christi water surface is at or below elevation 88 feet, and the ratio of Choke Canyon Reservoir content to Lake Corpus Christi content (both at the end of the preceding month) exceeds the corresponding ratio with 6 -foot drawdown at both reservoirs, the Choke Canyon Reservoir release for the current month is made equal to the Lake Corpus Christi release during the preceding month. This equalizes drawdown at the two reservoirs for recreation purposes and promotes a more constant quality of water by mixing Choke Canyon Reservoir releases with Lake Corpus Christi content. This phase applies after Choke Canyon Reservoir is filled, water user demand exceeds 200,000 acre -feet annually, and developed long -term supply is less than 300,000 acre - feet annually. 1. A minimum of 2,000 acre -feet per month will be released from Choke Canyon Reservoir to meet conditions of the release agreement between the City of Corpus Christi and the Texas Parks and Wildlife Department. 2. In order to provide maximum dependable yield from the two reservoirs, the water level in Lake Corpus Christi will be allowed to drop top elevation 74.0 feet (Ordinance Changed #022661) before water is released from Choke Canyon Reservoir in excess of the 2,000 acre -feet per month requirement. When the elevation of Choke Canyon Reservoir drops to 155 feet, Lake Corpus Christi will be lowered to its minimum elevation. 67 LAKE CORPUS CHRISTI -CHOKE CANYON RESERVOIR STATISTICAL DATA Water Elevation Minimum Functional Capacity, Acre -Feet* When Full, Feet Elevation, Feet Lake Corpus Christi 272,000 94.0 76.0 Choke Canyon Reservoir 692,000 220.5 147.5 Intake Structure Elevations of Customers Withdrawing Water Directly from Lake Corpus Christi: Elevation, Feet City of Mathis Beeville Water Authority Alice Water Authority City of Corpus Christi Annual Lake Corpus Christi Withdrawals: 73.0 74.0 67.0 55.0 Fiscal Year Total Withdrawn From Lake, Acre -Feet 1975 -76 86,416 1976 -77 86,408 1977 -78 101,596 1978 -79 96,029 1979 -80 106,851 1980 -81 104,657 1981 -82 107,002 1982 -83 107,348 1983 -84 119,701 1984 -85 90,226 1985 -86 105,469 * 1 acre -foot = 325,850 gallons 68 * • FINANCE DCF"•r'T 1ENT PUBLISHER'S AFFIDAVIT State of Texas 2013. 11- -5 AM 10� 15 CITY OF CORPUS CHRISTI Count of Nueces } Ad# 202256 PO # Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENATIVE AND EMPLOYEE OF THE PUBLISHER, namely,the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Kleberg, Live Oak,Nueces, Refugio, and San Patricio, Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 0 which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times on: CC-Corpus Christi Caller-Times 06/03/13 Mon CC-Internet - caller.com 06) 13 Mon LEGAL SALES REPRESENTATIVE On this C- day of `��� , 20 L3 I certi►. . the attached document is a true and exact copy made by publisher. N.tary '�-hf T•xas . ` MICHELLE JOYCE CABRERA t , My Commission Expires - March 19.2016 IE or �. uNazt CORPUS CHRISTI > Ad Proof 1f cattet : tme callercom Sales Rep:Georgia Lawson(C9190) Phone:(361)884-2011 Email:LawsonG@caller.com 11111=11111.111W 1111111.1 Date:05/29/13 This is a proof of your ad scheduled to run on the dates indicated below. Account Number. 172983(CC18438) Please confirm placement prior to deadline by contacting your account Company Name:CITY OF CORPUS CHRISTI rep at . Contact Name: Ad Id:202256 P.O.No.: Total Cost:$93.00 Email:lawsong@caller.com Tag Line:NOTICE OF PASSAGE OF ORDINANCE NO.0 Address:PO BOX 9277,CORPUS CHRISTI,TX,784699277 Start Date:06/03/13 Stop Date:06/03/13 Phone:(361)826-3636 Fax:(000)000-0000 Number of Xs: 1 Class: 16130-Legals Publications:CC-Corpus Christi Caller-Times,CC-Internet-caller.com I agree this ad is accurate and as ordered. NOTICE OF PASSAGE OF ORDINANCE NO.029846 Ordinance adopting the Water Conservation Plan and Drought Contingency Plan; amending City Code of Ordi- nances, Chapter 55, Article XII Water Conservation, regarding water resource management including //--��CA` S \�� p Z1 drought restrictions and � l� I 1 1 surcharges, providing an effective date of June 3, 2013;and providing for pen- alties. This ordinance was passed and approved by the City Council on May 28,2013. /s/ Armando Chapa City Secretary • Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,E.W Scripps reserves the right to categorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified department immedi- ately so that we can make corrections before the second print date. The number to call is 361-883-1111. Allowance may not be made for errors reported past the second print date.The Corpus Christi Caller-Times may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may be pro-rated for the remaining full days for which the ad did not run.