HomeMy WebLinkAbout030545 ORD - 07/14/2015 1
Ordinance amending City Code of Ordinances, Sections 55-152 and 55-153,
Water Resource Management, to revise drought contingency triggers for
Stage 1 and Stage 2 and drought best management practices; and authorizing
amendment to the Drought Contingency Plan approved by Ordinance No.
029846 to reflect changes to Sections 55-152 and 55-153.
Section 1. The Corpus Christi Code of Ordinances, Chapter 55, Utilities, Article
XII Water Resource Management, Section 55-152 and 55-153, is amended, with
the new text shown in underlined redline text, and the deleted text shown in redline
strike through text, as follows:
ARTICLE XII WATER RESOURCE MANAGEMENT
Sec. 55-150. -Scope,purpose, authorization, and definitions.
(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 as amended by ordinance, 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 manager, or his designee, 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 necessary to protect the
public welfare and safety.
(d)Definitions. The following terms used in this article are defined as follows:
(1) "City manager" means the city manager or the city manager's designee.
(2) "Drip irrigation" means an irrigation system that applies water at a controlled low-flow levels
directly to the soil.
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(3) "Fountain" means an artificially created jet or stream of water; a structure, often decorative,
from which a jet or stream of water issues.
(4) "Industrial customers use of water for processing" means the use of water in processes
designed to convert materials of lower value into forms having greater usability.
(5) "Non-essential purpose" means water uses that are not essential or not required for the
protection of public health, safety and welfare.
(Ord.No. 24396, § 1, 3-20-2001; Ord.No. 029846, § 3, 5-28-2013; Ord.No. 029946, § 1, 9-10-2013)
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 rights-of-way.
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
a.m. and 6:00 p.m. It is still permissible to water by hand or by drip irrigation at any time of day,
unless the city enters Stage 4 Drought. However,the use of water is permitted at any hour for
short periods of time for testing related to the installation, maintenance, and repair of sprinkler
systems.
(3)Restaurant water saving: Commercial dining facilities must only serve water upon request.
(Ord.No. 24396, § 1, 3-20-2001; Ord.No. 24726, § 1, 1-8-2002; Ord.No. 026235, § 1,4-26-2005; Ord.
No. 026542, § 1, 11-15-2005; Ord.No. 028141, § 1, 4-28-2009; Ord.No. 029846, § 3, 5-28-2013; Ord.
No. 029946, § 1, 9-10-2013)
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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:
(1) Stage 1: Mild water shortage eenelitionwatch.
(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:
(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 Texana'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 ConditionWatch:
Requirements for initiation- •- . . •-. - _ - . ' - - .• . . . -
Corpus Christi declines below fifty(50)per cent or Lake Texana storage level declines below
forty('10)per cent.This stage is always in effect.
Requirement for termination- . . •- . . . - - - - . •-- -
. _. .. .. :! --
Lake Texana storage level increases above fifty(50)per cent. Either of these conditions must
cxist for a period of fifteen(15)consecutive days before termination of Stage 1.This stage is
always in effect.
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(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€arty-eighty(40 80)per cent.
Requirement for termination- Stage 2 of the plan may be rescinded when the combined storage
level increases above ninety(50 90)per cent for a period of fifteen(15)consecutive days.
Upon termination of Stage 2, Stage 1 becomes operative.
(3) Stage 3 - Severe Water Shortage Condition:
Requirements for initiation-The combined storage levels declines to below thirty(30)per cent.
Requirement for termination- Stage 3 of the plan may be rescinded when the combined storage
level increases above forty(40)per cent for a period of fifteen(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 twenty(20)per cent.
Requirement for termination-Stage 4 of the plan may be rescinded when the combined storage
level increases above thirty(30)per cent for a period of fifteen(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 manmade 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.
(Ord.No. 24396, § 1, 3-20-2001; Ord.No. 24576, § 1,9-11-2001; Ord.No. 029846, § 3, 5-28-2013; Ord.
No. 029946, § 1, 9-10-2013)
Sec. 55-153. -Drought management:Drought best management practices per stage.
(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
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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 cenditions.watch.
(1)Target: Because Stage 1 is always in effect,the water use in this stage will be the basis for
reduction targets in more severe drought stagesAchieve a voluntary five(5)per cent reduction in
(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
nonpotable 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 plan.
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 ten(10)per cent 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
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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 sixty(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.
contingent upon frequent vehicle cleansing, such as garbage trucks and vehicles used to
• - - • • - - , - ••- - • ••- - -- •-- _ ... , .. _
through the process in section 55 155.
eb.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.
fc. 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.
gd.The use of water to maintain integrity of building foundations is permitted on any day
at any time only by use of hand-held hose or drip irrigation.
he. Except for immediate fire protection or flushing of water lines,the use of water from
a hydrant is only allowed with a permit granted by the director of water operation or his
designee and a construction meter obtained from the utility business office.
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courts, or other hard surfaced areas, except if it is in the interest of public health
and safety.
operations or his designee.
(d) Stage 3 response- Severe water shortage conditions.
(1)Target: During Stage 3, achieve a fifteen(15)per cent 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 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 sixty(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.
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(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, as conditions warrant:
a.For residential and multi-unit customers,a droi ght surcharge of up to and including
one hundred(100)per cent 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 thirty(30)per cent 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:
'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.
e. All fountains shall only operate to circulate water in order to maintain equipment.
f.The use of water for construction purposes from designated fire hydrants with a special
permit will continue with a ten(10)per cent surcharge added to the water rate.
(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:
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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
one hundred(100)per cent 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 fifty(50)per cent 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 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: In addition to the best management
practices for supply management listed under Stage 4,the city will also do the following:
-Call the ten(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.
(3)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:
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For residential and multi-unit customers, a drought surcharge of up to and including one hundred
(100)per cent of the total monthly water bill over the monthly allocation may be added to the
customers'bill to deter discretionary water use.
(Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 2, 9-11-2001; Ord. No. 029846, § 3, 5-28-2013; Ord.
No. 029946, § 1, 9-10-2013)
Sec. 55-154. -Surcharges for drought Stages 3, 4 and 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.
(1)A monthly base amount of three thousand(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 three thousand(3,000) gallon monthly consumption trigger point,with city council
approval, a drought surcharge shall be added up to and including one hundred(100)per cent of
the customer's total monthly water bill over the allocation.
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(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
(2)residential units per master water meter. A monthly base amount of three thousand(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 three thousand(3,000)gallons times
the number of residential units,there will be no surcharge.
(3)With city council approval, when consumption is above the three thousand(3,000) gallons
times the number of units, a drought surcharge shall be added up to and including one hundred
(100)per cent 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 twenty(20)per cent of total
capacity(Stage 4),the commercial or institutional customer's allocation shall be ninety
(90)per cent of the customer's usage for the corresponding month's billing period during
the previous twelve(12)months prior to the implementation of Stage 2 condition.
b. If the customer's billing history is shorter than twelve(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, ninety(90)per cent of whose monthly usage is less
than six thousand(6,000) gallons, shall be allocated six thousand(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.
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(1)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.
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(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 of Choke Canyon Reservoir and Lake Corpus
Christi is less than twenty(20)per cent of total capacity(Stage 4),the industrial customer
allocation shall be ninety(90)per cent of the customer's usage for the corresponding
month's billing period during the previous twelve(12)months prior to the
implementation of Stage 2 condition.
b. If the customer's billing history is shorter than twelve(12)months,the monthly
allocation shall be one-twelfth of ninety(90)per cent of the customer's maximum annual
contracted amount until twelve(12)months of billing history are established. However if
the industrial customer does not have a water contract and does not have at least twelve
(12)months of billing history,then the new industrial customer will provide data
regarding expected water use and city will determine allocation based on ninety(90)per
cent of expected use to determine initial allocation until twelve(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.
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.
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6. Other objective evidence demonstrates that the designated allocation is
inaccurate under present conditions.
(f) Commercial, institutional, and industrial customers shall pay the following drought surcharges:
(1)Customers whose allocation is six thousand(6,000)gallons through twenty thousand(20,000)
gallons per month:
a. Five dollars ($5.00)per one thousand(1,000) gallons for the first one thousand(1,000)
gallons over allocation.
b. Eight dollars($8.00)per one thousand(1,000)gallons for the second one thousand
(1,000)gallons over allocation.
c. Sixteen dollars($16.00)per one thousand(1,000)gallons for the third one thousand
(1,000) gallons over allocation.
d. Forty dollars ($40.00) for each additional one thousand(1,000) gallons over allocation.
(2)Customers whose allocation is twenty-one thousand(21,000) gallons per month or more:
a. One(1)times the block rate for each one thousand(1,000)gallons in excess of the
allocation up through five(5)per cent above allocation.
b. Three(3)times the block rate for each one thousand(1,000) gallons from five(5)per
cent through ten(10)per cent above allocation.
c. Five(5)times the block rate for each one thousand(1,000) gallons from ten(10)per
cent through fifteen(15)per cent above allocation.
d. Ten(10)times the block rate for each one thousand(1,000)gallons more than fifteen
(15)per cent above allocation.
e. The surcharges shall be cumulative.
f. As used herein, "block rate" means the charge to the customer per one thousand(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.
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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)For residential customers,the following measures come into effect after city council approves a
drought rate surcharge; for nonresidential customers,these measures come into effect at Stage 4.Water
service to the customer may be terminated under the following conditions:
(1)Monthly residential water usage exceeds trigger point by four thousand(4,000)gallons or
more two (2)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 trigger point by four thousand(4,000)gallons times the number
of dwelling units or more two(2) or more times (which need not be consecutive months).
(3)Monthly nonresidential water usage for a customer whose allocation is six thousand(6,000)
gallons through twenty thousand(20,000) gallons exceeds its allocation by seven thousand
(7,000) gallons or more two (2)or more times (which need not be consecutive months).
(4)Monthly nonresidential water usage for a customer whose allocation is twenty-one thousand
(21,000) gallons or more exceeds its allocation by fifteen(15)per cent or more two(2)or more
times (which need not be consecutive months).
(5)For residential customers and nonresidential customers, after the first disconnection,water
service shall be restored upon request for a fee of fifty dollars($50.00).
(6)For such customers, after the second disconnection, water service shall be restored within
twenty-four(24)hours of the request for a fee of five hundred dollars($500.00).
(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. For master meter
customers,the service restoration fees shall be the same as above times the number of dwelling
units.
(8)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:
(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).
15
(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.
(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 thirty(30)days, but a variance of two(2)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.
(Ord.No. 24396, § 1, 3-20-2001; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10-2013)
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 article shall file request on
city-provided application for exemption/variance with the city water department within five(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.
16
(8) Other pertinent information; or as required on permit application.
(c)No exemption nor variance shall be retroactive or otherwise justify any violation of this article
occurring prior to the issuance of the exemption/variance.
(d)All requests for variances/exemptions shall be reviewed and determined within three(3)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(5)business days from issuance of denial. The decision of
the assistant city manager shall be final.
(h)Violations of any permit condition may be enforced under section 55-156
(Ord.No. 24396, § 1, 3-20-2001; Ord.No. 24576, § 3, 9-11-2001; Ord.No. 029846, § 3, 5-28-2013; Ord.
No. 029946, § 1, 9-10-2013)
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 V.T.C.A., Penal Code § 6.02 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.
17
(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.
(Ord.No. 24396, § 1, 3-20-2001; Ord.No. 24576, § 4, 9-11-2001; Ord.No. 029846, § 3, 5-28-2013; Ord.
No. 029946, § 1, 9-10-2013)
Sec. 55-157. -Effluent distribution;permit and regulations.
(a)Upon implementation of the City of Corpus Christi Water Conservation Plan as provided in this
section,the city may make available effluent water discharged from its sewage treatment plants for the
purpose of watering lawns, grass, and other plants,dust control and similar uses.
(1) Such effluent water shall be made available only under the terms and conditions herein provided and
only to such persons as are duly permitted as distributors as provided in this section.
(2)The city shall be under no obligation to provide such effluent and reserves the right to discontinue
such service at any time and to limit the volume and to establish or alter loading procedures and/or
locations as necessary for the efficient administration of the wastewater division.
(b)No effluent distribution permit shall be issued except upon application filed with the wastewater
division of the city. Every such application shall contain the following information:
(1)Name of applicant.
(2)Name of authorized representative(e.g., president of corporation; partner, etc.) if applicant is
other than an individual.
(3) Business address and phone number.
(4)Residence address and phone number of authorized individual representative.
(5)Description of each vehicle and container unit to be used in the transportation or distribution
of effluent water, including the make, year, model, type, weight and gross vehicle weight,
container capacity in gallons,vehicle registration number, and the state safety inspection
certificate number and expiration date.
(6)Names and driver's license number of every proposed driver of such vehicles.
18
(7) Statement of previous use of container units and any proposed use after or concurrently with
such units use for effluent distribution.
(8) Statement of the proposed uses of any effluent water, including whether the use is proposed
for residential, commercial, or industrial purpose.
(c)Upon the filing of the required application, and payment of the permit fee specified herein for each
container unit,the wastewater superintendent, or the superintendent's designee, shall upon his
determination that the applicant and vehicles and container units are in compliance with all applicable
provisions of this article, issue a permit for each such container unit.
(1)The permit shall identify the particular unit for which it is issued and shall be displayed in a
prominent place upon the unit.
(2)Each unit shall be separately permitted.
(d)The permit fee shall be fifty dollars ($50.00)per month for each unit plus five dollars($5.00)per
month for each unit per one thousand(1,000) gallons of capacity(or portion thereof)over the first one
thousand(1,000)gallons of capacity.
(e)Permits shall be issued on a quarterly basis from the effective date of this plan; fee proration shall be
on a monthly basis.
(f)Notwithstanding subsection(g) of this section, a resident of the City of Corpus Christi may obtain
effluent at no charge from a wastewater treatment plant, designated by the wastewater superintendent, for
the irrigation of vegetation, dust control, or watering a foundation at the individual's personal residence.
(1)Any effluent received under this subsection may not be sold or transferred to another
individual or used for commercial purposes.
a. Before receiving effluent the resident must obtain a permit from the wastewater
superintendent,or the superintendent's designee.
b. Prior to receiving a permit,the resident must complete a course of instruction on the
handling of wastewater effluent that has been developed by the city's health department.
c. Any container used to receive and transport effluent must have a lid or cap, be
watertight, and be properly secured to the vehicle.
d. All containers are subject to inspection and approval of the city health department or
wastewater department.
e. Any effluent received under this subsection must be immediately transported to the
personal residence of the individual receiving the effluent and used for the irrigation of
vegetation,dust control, or watering a foundation.
f. The effluent may not be stored for future use.
19
g. A resident using effluent for the irrigation of vegetation or dust control must post a
sign on the property legible from the street stating that effluent is being used on the
property.
h. Every resident obtaining effluent under this subsection must either:
1. Provide proof of and maintain in force a property liability insurance policy
(homeowner/renter)in the amount of three hundred thousand dollars
($300,000.00)per occurrence; or
2. Sign a form provided by the superintendent that releases the City of Corpus
Christi from any liability resulting from the resident's improper use or
transportation of the effluent and agree to hold the city harmless, including
reimbursing the city for the costs of defending itself.
(g) Every effluent distribution permit shall be subject to the following terms and conditions and no person
shall receive or distribute effluent water except in compliance herewith:
(1)Container units or tanks shall have a minimum capacity of five hundred(500)gallons; shall be
capable of being closed water-tight and shall be so closed during transport of effluent water; and
shall be maintained in a leak-proof condition; provided, however, that special permits may be
issued for container units with a capacity of less than five hundred(500) gallons upon the
determination by the wastewater division superintendent that all other container unit
specifications herein required have been met and that the particular container unit does not create
an increased risk to the public health and safety.
(2)No vehicle may be used in connection herewith which has not been reported on the
application and approved for such use.
(3)Every driver or handler must be certified by the wastewater division prior to receiving any
effluent water from the city.
a. The wastewater division may certify a driver or handler who has completed a course of
instruction on the handling of wastewater effluent that has been developed by the city's
health department.
(4)Effluent water shall be used as soon as possible to prevent regrowth of bacteria.
a. Permittees shall check effluent water in their units not less than every four(4)hours for
chlorine residual, except for effluent stored in fixed-site containers which shall be
checked not less than every eight (8)hours.
(5) Chlorine residuals shall be maintained at one(1)milligram per liter(parts per million) [one
(1)mg/one(1) (ppm)], consistent throughout the effluent container.
(6)The minimum quality of the effluent must not exceed conditions on the use of effluent set out
in any permits or authorizations issued to the city by a federal or state regulatory agency or the
applicable regulations of a federal or state regulatory agency.
20
(7) Effluent containers, including those used for storage, shall be subject to inspection and
approval of the city health department or wastewater division,whose inspectors are hereby
authorized to prohibit the use of any container or effluent water which is determined to be outside
the parameters established in this section or is otherwise determined to present a danger to public
health.
(8)Every permittee shall provide proof of, and shall maintain in force, a policy of comprehensive
general liability insurance in the amount specified by the city's risk manager under section 17-19;
or shall maintain a policy of general business liability insurance in the same or greater amount
with a contractual liability endorsement; and shall maintain a policy of automobile liability
insurance in the minimum amounts set by state law. The city shall be named as an additional
insured on the general liability insurance policies.
(9)By acceptance of a permit under this section and/or receipt of effluent water from the city
system,the permittee and/or recipient of such effluent agree to fully indemnify, save and hold
harmless,the City of Corpus Christi,Texas, its agents and employees, from and against all claims
and actions, and all expenses incidental to the investigation and defense thereof,based upon or
arising out of damages or injuries to person or property in any way related to or in connection
with the use or distribution of effluent water under this section.
(10)Permittees shall provide a written notice to every person to whom effluent is furnished which
shall state in not less than 10-point type, substantially as follows:
"CAUTION"
"You are hereby advised that effluent water is the discharged water from a sewage treatment
plant. The Director of Public Health has determined that improper use or handling could be
harmful and recommends the following precautions:
1. Do not use effluent water for drinking, bathing, or personal hygiene purposes.
2.Do not use effluent water for washing autos, clothes, or other personal contact items.
3. Do not use effluent water in swimming pools or for similar recreational uses.
4. Do not allow children to play on grass wet with effluent water, wait until it dries.
5. Do not use effluent which has been stored for more than four(4) hours unless the
chlorine residual level has been tested and is not less than one(1)part per million[one
(1) mg/one(1)(p.m.)].
6. Application of effluent shall be by coarse stream and shall not be by fine spray."
(h)Violation of any of the cautions set forth in subsection(g)(10) of this section,by any person, is a
violation of this section.
(i)Violation of any of the provisions of this section, in addition to the general penalties provided in this
particle, shall result in denial or revocation of any such violator's effluent distribution permit.
21
(Ord.No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 4, 9-11-2001)
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(74) 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 one thousand
two hundred(1,200) 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.
(Ord.No. 24396, § 1, 3-20-2001; Ord.No. 24576, § 4,9-11-2001; Ord.No. 029846, § 3, 5-28-2013; Ord.
No. 029946, § 1, 9-10-2013)
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 V.T.C.A., 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.
22
(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. Two(2.0)times the normal water charge per unit for water diversions and/or deliveries in
excess of the monthly allocation up through five(5)per cent above the monthly allocation.
b. Two and one-half(2.5)times the normal water charge per unit for water diversions and/or
deliveries in excess of the monthly allocation from five(5)per cent through ten(10)per cent
above the monthly allocation.
c. Three(3.0)times the normal water charge per unit for water diversions and/or deliveries in
excess of the monthly allocation from ten(10)per cent through fifteen(15)per cent above the
monthly allocation.
d. Three and one-half(3.5)times the normal water charge per unit for water diversions and/or
deliveries more than fifteen(15)per cent 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.
23
(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.
b. Variances granted shall expire when the pro-rata allocation of water to raw water or
wholesale treated water customers is no longer in 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.
(Ord.No. 24605, § 1, 10-9-2001; Ord.No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10-2013)
Section 2. That the Drought Contingency Plan adopted by Ordinance No. 029846 be amended
to reflect the changes to Section 55-152 and Section 55-153, and the amended Drought
Contingency Plan be filed of record with the City Secretary's office. City staff is directed to
submit the amended drought plan to the Texas Commission on Environmental Quality and as
24
required by law. Staff is directed to submit a copy of this ordinance to wholesale water
customers.
Section 3. Publication shall be made in the official publication of the City of Corpus Christi as
required by the City Charter of the City of Corpus Christi. This ordinance takes effect on date of
publication.
Section 4. 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 5. 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.
25
That the foregoing ordi re was read for the first time and passed to its second
reading on this the day of Q./ , 2015, by the following vote:
Nelda Martinez Brian Rosas bti
--1-r—
Rudy Garza 'I. ,; Lucy Rubio ---Ii.
Chad Magill i V Mark Scott —IF
i
Colleen McIntyre OiQQ1.AJ( Carolyn Vaughn
Lillian Riojas _p__
That the. fpr going ordin nce was read for the second time and passed finally on this
the 11---+ ay of , 2015, by the following vote:
Nelda Martinez OM9 Brian Rosas i�:
I
Rudy Garzaf. Lucy Rubio Il
1
Chad Magill i ' ,1 Mark Scott i I,
Colleen McIntyre I.I . ,! Carolyn Vaughn
Lillian Riojas i...i
L-Cik
PASSED AND APPROVED, this the I day of A__ � 1 , 2015.
ATTEST: /
II
-YA-Li&C , kil-,‘XA)1-4.
ebecca Huerta Nelda Martine
City Secretary Mayor
i
EFFECTIVE DATE
21 i5
030545
CITY OF CORPUS CHRISTI
DROUGHT CONTINGENCY PLAN
2015
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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 Watch 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
8.5 Stage 5—Emergency Water Shortage Condition 5
9. Drought Stages Response Notification 6
10. Drought Stage Best Management per Stage 7
10.1.Stage 1—Mild Water Shortage Watch 7
10.2.Stage 2—Moderate Water Shortage Conditions 7
10.3.Stage 3—Severe Water Shortage Conditions 8
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. Requests for Exemptions and Variances. 18
13. Enforcement 19
14.Variances 20
15.Severability 20
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 21
16.6 Application 22
16.7 Triggering Criteria or Initiation and Termination of Drought Response Stages 22
16.8 Drought Response Stages 23
16.9 Pro Rata Water Allocation 27
16.10 Pro Rata Surcharges and Enforcement 28
16.11 Variances 28
16.12 Severability 29
16.13 Reservation System Operating Plan 29
Appendices
Ordinance Adopting DCP and WCP 31
TCEQ 2001 Agreed Order on Freshwater Inflows to the Nueces Bay and Estuary 57
Reservoir Operating Plan 69
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.
Because of the frequency of drought in South Texas, 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 at the City Council regular meeting
on June 23, 2015.
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.
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
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
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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(i.e. does not resell 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.
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.
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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 DCP;
• use of water to wash any motor vehicle, motorbike, boat, trailer, 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.
Reservoir Capacity: the combined reservoir storage levels of Choke Canyon Reservoir and
Lake Corpus Christi, as measured in percentage of the full combined volume.
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.
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. 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 time. 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 criterion to be monitored for determining drought response stages is 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. The full Agreed Order is in the Appendix.
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8.1. Stage 1 —Mild Water Shortage Watch
Requirements for initiation —Customers shall be requested to voluntarily conserve
water and adhere to prescribed restrictions on certain water used at all times,
regardless of lake levels.
Requirement for termination —Stage 1 of the DCP is always in effect, so there is no
termination.
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 80 percent.
Requirement for termination —Stage 2 of the DCP may be rescinded when the
combined storage level increases above 90 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 DCP 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
DCP when the combined storage levels declines to below 20 percent.
Requirement for termination —Stage 4 of the DCP 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.
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 DCP when the City Manager, or
designee, determines that a water supply emergency exists based on:
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• 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
• 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
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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 Executive Director of Utilities or designee.
Drought Stage CCR/LCC Combined Target Demand
Response Reservoir Storage Level Reduction Levels
Stage 1- Mild Always in effect Not Applicable
Stage 2- Moderate <80% 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 Watch
Target: Because Stage 1 is always in effect, the water use in this stage will be the
basis for reduction targets in more severe drought stages.
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 DCP.
(c)Water customers are requested to practice water conservation and to minimize or
discontinue water use for non-essential purposes.
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:
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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 Executive
Director of Utilities or 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 Utilities Department to be
prominently posted on the premises within two (2)feet of the street number
located on the premises.
b) 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 Utilities Department.
c) 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 Utilities
Department infrastructure, the facility shall not be subject to these regulations.
d) 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.
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:
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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.
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 less, or drip irrigation system with a positive shutoff device.
Exceptions for this restriction may be permitted, upon review and approval by the
Executive Director of Utilities or 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 Utitlities
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
Utilities 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, with City Council approval, as
conditions warrant:
a) 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, as explained
in Section 11.
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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:
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 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 and shall be done by hand or drip
irrigation method.
e) All fountains shall only operate to circulate water in order to maintain equipment.
Optional Measures:
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.
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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, 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 or designee.
For emergency water shortage conditions associated with contamination of Nueces
Basin stored supplies, the City, under the City Manager or designee'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.
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:
• 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.
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Optional Measure:
During Stage 5, the following measure is an optional water use restriction that may be
implemented by the City Manager, or designee, with City Council approval, as conditions
warrant:
a) 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, 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. With City Council approval, the City Manager is authorized to determine
trigger points or allocations 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 Executive Director of Utilities or
designee on grounds of unnecessary hardship, through the process outlined
in Section 12.
6. Drought surcharge funds will first be applied towards annual debt service 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.
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 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.
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(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 Executive Director of Utilities of the 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.
4. The customer is responsible for passing the demand charge onto the tenant.
(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 customers usage for the
corresponding month's billing period during previous 12 months prior
to the implementation of Stage 2.
b. If the customers 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.
e. If, however, the customer does not receive such notice, it shall be the
customers 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,
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(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.
a. When the combined reservoir capacity is less 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
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 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.
e. Upon request of the customer or at the initiative of the City Manager,
the allocation may be reduced or increased, if:
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.
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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.
(f) 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 gallons 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.
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.
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(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 DCP 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 retail water 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).
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).
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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:
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
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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.
(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. Requests for Exemptions and Variances
(a) The Executive Director of Utilities or designee may, in writing, grant a temporary
variance to any of the provisions for water users found in this DCP 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
Utilities Department within 5 days after a particular drought response stage has been
invoked. All request forms shall be reviewed by the Executive Director of Utilities or
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 DCP.
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 DCP and the compliance date.
8. Other pertinent information; or as required on permit application
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(c) No exemption nor variance shall be retroactive or otherwise justify any violation of
this DCP occurring prior to the issuance of the exemption/variance.
(d) The Executive Director of Utilities or 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 DCP 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 DCP will result in
unnecessary hardship, and so that the spirit of this DCP shall be observed and
substantial justice done.
(e) 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
Executive Director of Utilities or designee for noncompliance; provided, that the
permit is prominently posted on the premises within two (2) feet of the street number
located on the premises.
(f). 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 final.
(g)Violations of any permit conditions 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
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presumed to be the violator, and proof that the violation occurred on said premises
shall constitute prima fade 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 process outlined in Section 12.
15. Severability
It is hereby declared to be the intention of the City that the sections, paragraphs, sentences,
clauses, and phrases of this DCP are severable and, if any phrase, clause, sentence,
paragraph, or section of this DCP 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 DCP, since the same
would not have been enacted by the City without the incorporation into this DCP of any such
unconstitutional phrase, clause, sentence, paragraph, or section.
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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
The public was invited to view and make comments on the Plan during the regular
meeting of City Council on June 23, 2015 at City Hall. The Plan was adopted under the open
meetings requirement of the TCEQ during the July 14, 2015 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.
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.
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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.
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. 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.
(a)Stage 1 —MILD Water Shortage Watch
Requirements for initiation—Stage 1 is always in effect.
Requirement for termination — Because Stage 1 is always in effect, there is no
termination.
(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 80 percent.
Requirement for termination — Stage 2 of the Plan may be rescinded when the
combined storage level increases above 90 percent for a period of 15 consecutive
days. Upon termination of Stage 2, Stage 1 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
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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
ii. 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
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 Reservoir Storage Target Demand Reduction
Response Level Levels
Stage 1- Mild Always in effect Not Applicable
Stage 2- Moderate <80% 10%
Stage 3-Severe <30% 15%
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Stage 4-Critical <20% 30%
Stage 5- Emergency Not Applicable 50%
Stage 1 —MILD Water Shortage Conditions
Target: Because Stage 1 is always in effect, the water use in this stage will be the
basis for reduction targets in more severe drought stages.
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,
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,
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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 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
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
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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
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
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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
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
27
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.
• 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
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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.
16.12 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.
16.13 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 C.
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30
Ordinance amending City Code of Ordinances, Sections 55-152 and 55-153,
Water Resource Management, to revise drought contingency triggers for
Stage 1 and Stage 2 and drought best management practices; and authorizing
amendment to the Drought Contingency Plan approved by Ordinance No.
029846 to reflect changes to Sections 55-152 and 55-153.
Section 1. The Corpus Christi Code of Ordinances, Chapter 55, Utilities, Article
XII Water Resource Management, Section 55-152 and 55-153, is amended, with
the new text shown in underlined redline text, and the deleted text shown in redline
strike through text, as follows:
ARTICLE XII WATER RESOURCE MANAGEMENT
Sec. 55-150. -Scope,purpose, authorization, and definitions.
(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 as amended by ordinance, 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 manager,or his designee,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 necessary to protect the
public welfare and safety.
(d)Definitions. The following terms used in this article are defined as follows:
(1) "City manager"means the city manager or the city manager's designee.
(2)"Drip irrigation"means an irrigation system that applies water at a controlled low-flow levels
directly to the soil.
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(3) "Fountain"means an artificially created jet or stream of water; a structure,often decorative,
from which a jet or stream of water issues.
(4)"Industrial customers use of water for processing"means the use of water in processes
designed to convert materials of lower value into forms having greater usability.
(5) "Non-essential purpose"means water uses that are not essential or not required for the
protection of public health,safety and welfare.
(Ord.No.24396, § 1, 3-20-2001; Ord.No. 029846, § 3, 5-28-2013; Ord.No. 029946, § 1, 9-10-2013)
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 rights-of-way.
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
a.m. and 6:00 p.m. It is still permissible to water by hand or by drip irrigation at any time of day,
unless the city enters Stage 4 Drought.However,the use of water is permitted at any hour for
short periods of time for testing related to the installation,maintenance,and repair of sprinkler
systems.
(3)Restaurant water saving: Commercial dining facilities must only serve water upon request.
(Ord.No. 24396, § 1,3-20-2001; Ord.No.24726, § 1, 1-8-2002;Ord.No. 026235, § 1,4-26-2005;Ord.
No. 026542, § 1, 11-15-2005; Ord.No.028141, § 1,4-28-2009;Ord.No. 029846, § 3,5-28-2013;Ord.
No. 029946, § 1,9-10-2013)
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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:
(1) Stage 1: Mild water shortage eienwatch.
(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:
(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: (4)-the
combined reservoir storage levels of Choke Canyon Reservoir and Lake Corpus Christi; or(2)in
the alternative for Stage 1,Lake Texana'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 ienWatch:
Requirements for initiation- •- . . . . . - . ' . . _. -
forty(10)per cent. This stage is always in effect.
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 sixty(60)per cent or
Lake Texana storage level increases above fifty(50)per cent. Either of these conditions must
• -- - - . ' .. . . .-• . -• - - .This stage is
always in effect.
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(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€orieighty(48 80)per cent.
Requirement for termination-Stage 2 of the plan may be rescinded when the combined storage
level increases above fifty ninety(54 90)per cent for a period of fifteen(15)consecutive days.
Upon termination of Stage 2, Stage 1 becomes operative.
(3) Stage 3 - Severe Water Shortage Condition:
Requirements for initiation-The combined storage levels declines to below thirty(30)per cent.
Requirement for termination- Stage 3 of the plan may be rescinded when the combined storage
level increases above forty(40)per cent for a period of fifteen(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 twenty(20)per cent.
Requirement for termination- Stage 4 of the plan may be rescinded when the combined storage
level increases above thirty(30)per cent for a period of fifteen(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 manmade 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.
(Ord.No. 24396, § 1, 3-20-2001; Ord.No.24576, § 1,9-11-2001; Ord.No. 029846, § 3,5-28-2013; Ord.
No. 029946, § 1,9-10-2013)
Sec. 55-153. -Drought management: Drought best management practices per stage.
(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
34
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 conditiie watch.
(1)Target: Because Stage 1 is always in effect,the water use in this stage will be the basis for
reduction targets in more severe drought stages• • - . . ..• .. .. .
(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
nonpotable 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 plan.
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 ten(10)per cent 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
35
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 sixty(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.
through the process in section 55 155.
eb.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.
€c. 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.
The use of water to maintain integrity of building foundations is permitted on any day
at any time only by use of hand-held hose or drip irrigation.
he.Except for immediate fire protection or flushing of water lines,the use of water from
a hydrant is only allowed with a permit granted by the director of water operation or his
designee and a construction meter obtained from the utility business office.
36
•
a
(d) Stage 3 response- Severe water shortage conditions.
(1)Target: During Stage 3,achieve a fifteen(15)per cent 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 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 sixty(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.
37
(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,as conditions warrant:
a.For residential and multi-unit customers,a drought surcharge of up to and including
one hundred(100)per cent 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 thirty(30)per cent 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:
•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.
e.All fountains shall only operate to circulate water in order to maintain equipment.
f.The use of water for construction purposes from designated fire hydrants with a special
permit will continue with a ten(10)per cent surcharge added to the water rate.
(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:
38
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
one hundred(100)per cent 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 fifty(50)per cent 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 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: In addition to the best management
practices for supply management listed under Stage 4,the city will also do the following:
•Call the ten(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.
(3)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:
39
For residential and multi-unit customers,a drought surcharge of up to and including one hundred
(100)per cent of the total monthly water bill over the monthly allocation may be added to the
customers'bill to deter discretionary water use.
(Ord.No. 24396, § 1,3-20-2001; Ord.No. 24576, § 2,9-11-2001; Ord.No. 029846, § 3,5-28-2013;Ord.
No. 029946, § 1,9-10-2013)
Sec. 55-154. -Surcharges for drought Stages 3, 4 and 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.
(1)A monthly base amount of three thousand(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 three thousand(3,000)gallon monthly consumption trigger point,with city council
approval,a drought surcharge shall be added up to and including one hundred(100)per cent of
the customer's total monthly water bill over the allocation.
40
(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
(2)residential units per master water meter.A monthly base amount of three thousand(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 three thousand(3,000)gallons times
the number of residential units,there will be no surcharge.
(3)With city council approval,when consumption is above the three thousand(3,000)gallons
times the number of units,a drought surcharge shall be added up to and including one hundred
(100)per cent 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 twenty(20)per cent of total
capacity(Stage 4),the commercial or institutional customer's allocation shall be ninety
(90)per cent of the customer's usage for the corresponding month's billing period during
the previous twelve(12)months prior to the implementation of Stage 2 condition.
b. If the customer's billing history is shorter than twelve(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,ninety(90)per cent of whose monthly usage is less
than six thousand(6,000)gallons,shall be allocated six thousand(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.
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(1)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.
41
(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 of Choke Canyon Reservoir and Lake Corpus
Christi is less than twenty(20)per cent of total capacity(Stage 4),the industrial customer
allocation shall be ninety(90)per cent of the customer's usage for the corresponding
month's billing period during the previous twelve(12)months prior to the
implementation of Stage 2 condition.
b. If the customer's billing history is shorter than twelve(12)months,the monthly
allocation shall be one-twelfth of ninety(90)per cent of the customer's maximum annual
contracted amount until twelve(12)months of billing history are established. However if
the industrial customer does not have a water contract and does not have at least twelve
(12)months of billing history,then the new industrial customer will provide data
regarding expected water use and city will determine allocation based on ninety(90)per
cent of expected use to determine initial allocation until twelve(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.
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.
42
6. Other objective evidence demonstrates that the designated allocation is
inaccurate under present conditions.
(f)Commercial,institutional,and industrial customers shall pay the following drought surcharges:
(1)Customers whose allocation is six thousand(6,000)gallons through twenty thousand(20,000)
gallons per month:
a.Five dollars($5.00)per one thousand(1,000) gallons for the first one thousand(1,000)
gallons over allocation.
b. Eight dollars($8.00)per one thousand(1,000)gallons for the second one thousand
(1,000) gallons over allocation.
c. Sixteen dollars($16.00)per one thousand(1,000)gallons for the third one thousand
(1,000)gallons over allocation.
d. Forty dollars($40.00)for each additional one thousand(1,000)gallons over allocation.
(2)Customers whose allocation is twenty-one thousand(21,000)gallons per month or more:
a.One(1)times the block rate for each one thousand(1,000)gallons in excess of the
allocation up through five(5)per cent above allocation.
b. Three(3)times the block rate for each one thousand(1,000)gallons from five(5)per
cent through ten(10)per cent above allocation.
c.Five(5)times the block rate for each one thousand(1,000) gallons from ten(10)per
cent through fifteen(15)per cent above allocation.
d.Ten(10)times the block rate for each one thousand(1,000)gallons more than fifteen
(15)per cent above allocation.
e.The surcharges shall be cumulative.
f.As used herein,"block rate"means the charge to the customer per one thousand(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.
43
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)For residential customers,the following measures come into effect after city council approves a
drought rate surcharge; for nonresidential customers,these measures come into effect at Stage 4.Water
service to the customer may be terminated under the following conditions:
(1)Monthly residential water usage exceeds trigger point by four thousand(4,000)gallons or
more two(2)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 trigger point by four thousand(4,000)gallons times the number
of dwelling units or more two(2)or more times(which need not be consecutive months).
(3)Monthly nonresidential water usage for a customer whose allocation is six thousand(6,000)
gallons through twenty thousand(20,000)gallons exceeds its allocation by seven thousand
(7,000)gallons or more two(2)or more times(which need not be consecutive months).
(4)Monthly nonresidential water usage for a customer whose allocation is twenty-one thousand
(21,000)gallons or more exceeds its allocation by fifteen(15)per cent or more two(2)or more
times(which need not be consecutive months).
(5)For residential customers and nonresidential customers,after the first disconnection,water
service shall be restored upon request for a fee of fifty dollars($50.00).
(6)For such customers,after the second disconnection,water service shall be restored within
twenty-four(24)hours of the request for a fee of five hundred dollars($500.00).
(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. For master meter
customers,the service restoration fees shall be the same as above times the number of dwelling
units.
(8)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:
(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).
44
(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.
(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 thirty(30)days,but a variance of two(2)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.
(Ord.No. 24396, § 1,3-20-2001; Ord.No. 029846, § 3, 5-28-2013; Ord.No. 029946, § 1,9-10-2013)
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 article shall file request on
city-provided application for exemption/variance with the city water department within five(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.
45
(8)Other pertinent information; or as required on permit application.
(c)No exemption nor variance shall be retroactive or otherwise justify any violation of this article
occurring prior to the issuance of the exemption/variance.
(d)All requests for variances/exemptions shall be reviewed and determined within three(3)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(5)business days from issuance of denial. The decision of
the assistant city manager shall be final.
(h)Violations of any permit condition may be enforced under section 55-156
(Ord.No. 24396, § 1,3-20-2001;Ord.No. 24576, § 3,9-11-2001; Ord.No. 029846, § 3,5-28-2013; Ord.
No. 029946, § 1,9-10-2013)
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 V.T.C.A.,Penal Code § 6.02 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.
46
(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.
(Ord.No. 24396, § 1,3-20-2001; Ord.No. 24576, §4,9-11-2001; Ord.No. 029846, § 3,5-28-2013; Ord.
No. 029946, § 1,9-10-2013)
Sec. 55-157. -Effluent distribution;permit and regulations.
(a)Upon implementation of the City of Corpus Christi Water Conservation Plan as provided in this
section,the city may make available effluent water discharged from its sewage treatment plants for the
purpose of watering lawns,grass,and other plants,dust control and similar uses.
(1) Such effluent water shall be made available only under the terms and conditions herein provided and
only to such persons as are duly permitted as distributors as provided in this section.
(2)The city shall be under no obligation to provide such effluent and reserves the right to discontinue
such service at any time and to limit the volume and to establish or alter loading procedures and/or
locations as necessary for the efficient administration of the wastewater division.
(b)No effluent distribution permit shall be issued except upon application filed with the wastewater
division of the city. Every such application shall contain the following information:
(1)Name of applicant.
(2)Name of authorized representative(e.g.,president of corporation;partner,etc.)if applicant is
other than an individual.
(3) Business address and phone number.
(4) Residence address and phone number of authorized individual representative.
(5) Description of each vehicle and container unit to be used in the transportation or distribution
of effluent water,including the make,year,model,type,weight and gross vehicle weight,
container capacity in gallons,vehicle registration number,and the state safety inspection
certificate number and expiration date.
(6)Names and driver's license number of every proposed driver of such vehicles.
47
(7) Statement of previous use of container units and any proposed use after or concurrently with
such units use for effluent distribution.
(8) Statement of the proposed uses of any effluent water,including whether the use is proposed
for residential,commercial,or industrial purpose.
(c)Upon the filing of the required application,and payment of the permit fee specified herein for each
container unit,the wastewater superintendent,or the superintendent's designee,shall upon his
determination that the applicant and vehicles and container units are in compliance with all applicable
provisions of this article,issue a permit for each such container unit.
(1)The permit shall identify the particular unit for which it is issued and shall be displayed in a
prominent place upon the unit.
(2)Each unit shall be separately permitted.
(d)The permit fee shall be fifty dollars ($50.00)per month for each unit plus five dollars($5.00)per
month for each unit per one thousand(1,000)gallons of capacity(or portion thereof)over the first one
thousand(1,000) gallons of capacity.
(e)Permits shall be issued on a quarterly basis from the effective date of this plan;fee proration shall be
on a monthly basis.
(1)Notwithstanding subsection(g)of this section,a resident of the City of Corpus Christi may obtain
effluent at no charge from a wastewater treatment plant,designated by the wastewater superintendent,for
the irrigation of vegetation,dust control,or watering a foundation at the individual's personal residence.
(1)Any effluent received under this subsection may not be sold or transferred to another
individual or used for commercial purposes.
a. Before receiving effluent the resident must obtain a permit from the wastewater
superintendent,or the superintendent's designee.
b. Prior to receiving a permit,the resident must complete a course of instruction on the
handling of wastewater effluent that has been developed by the city's health department.
c.Any container used to receive and transport effluent must have a lid or cap,be
watertight,and be properly secured to the vehicle.
d.All containers are subject to inspection and approval of the city health department or
wastewater department.
e.Any effluent received under this subsection must be immediately transported to the
personal residence of the individual receiving the effluent and used for the irrigation of
vegetation,dust control,or watering a foundation.
f.The effluent may not be stored for future use.
48
g.A resident using effluent for the irrigation of vegetation or dust control must post a
sign on the property legible from the street stating that effluent is being used on the
property.
h. Every resident obtaining effluent under this subsection must either:
1. Provide proof of and maintain in force a property liability insurance policy
(homeowner/renter)in the amount of three hundred thousand dollars
($300,000.00)per occurrence;or
2. Sign a form provided by the superintendent that releases the City of Corpus
Christi from any liability resulting from the resident's improper use or
transportation of the effluent and agree to hold the city harmless,including
reimbursing the city for the costs of defending itself.
(g)Every effluent distribution permit shall be subject to the following terms and conditions and no person
shall receive or distribute effluent water except in compliance herewith:
(1)Container units or tanks shall have a minimum capacity of five hundred(500)gallons; shall be
capable of being closed water-tight and shall be so closed during transport of effluent water;and
shall be maintained in a leak-proof condition;provided,however,that special permits may be
issued for container units with a capacity of less than five hundred(500)gallons upon the
determination by the wastewater division superintendent that all other container unit
specifications herein required have been met and that the particular container unit does not create
an increased risk to the public health and safety.
(2)No vehicle may be used in connection herewith which has not been reported on the
application and approved for such use.
(3)Every driver or handler must be certified by the wastewater division prior to receiving any
effluent water from the city.
a. The wastewater division may certify a driver or handler who has completed a course of
instruction on the handling of wastewater effluent that has been developed by the city's
health department.
(4) Effluent water shall be used as soon as possible to prevent regrowth of bacteria.
a. Permittees shall check effluent water in their units not less than every four(4)hours for
chlorine residual,except for effluent stored in fixed-site containers which shall be
checked not less than every eight(8)hours.
(5)Chlorine residuals shall be maintained at one(1)milligram per liter(parts per million) [one
(1)mg/one(I) (ppm)],consistent throughout the effluent container.
(6)The minimum quality of the effluent must not exceed conditions on the use of effluent set out
in any permits or authorizations issued to the city by a federal or state regulatory agency or the
applicable regulations of a federal or state regulatory agency.
49
(7)Effluent containers,including those used for storage, shall be subject to inspection and
approval of the city health department or wastewater division,whose inspectors are hereby
authorized to prohibit the use of any container or effluent water which is determined to be outside
the parameters established in this section or is otherwise determined to present a danger to public
health.
(8)Every permittee shall provide proof of,and shall maintain in force,a policy of comprehensive
general liability insurance in the amount specified by the city's risk manager under section 17-19;
or shall maintain a policy of general business liability insurance in the same or greater amount
with a contractual liability endorsement;and shall maintain a policy of automobile liability
insurance in the minimum amounts set by state law.The city shall be named as an additional
insured on the general liability insurance policies.
(9)By acceptance of a permit under this section and/or receipt of effluent water from the city
system,the permittee and/or recipient of such effluent agree to fully indemnify,save and hold
harmless,the City of Corpus Christi,Texas,its agents and employees,from and against all claims
and actions,and all expenses incidental to the investigation and defense thereof,based upon or
arising out of damages or injuries to person or property in any way related to or in connection
with the use or distribution of effluent water under this section.
(10)Permittees shall provide a written notice to every person to whom effluent is furnished which
shall state in not less than 10-point type,substantially as follows:
"CAUTION"
"You are hereby advised that effluent water is the discharged water from a sewage treatment
plant.The Director of Public Health has determined that improper use or handling could be
harmful and recommends the following precautions:
1. Do not use effluent water for drinking,bathing,or personal hygiene purposes.
2.Do not use effluent water for washing autos,clothes,or other personal contact items.
3. Do not use effluent water in swimming pools or for similar recreational uses.
4.Do not allow children to play on grass wet with effluent water,wait until it dries.
5. Do not use effluent which has been stored for more than four(4)hours unless the
chlorine residual level has been tested and is not less than one(1)part per million[one
(1)mg/one(1)(p.m.)].
6.Application of effluent shall be by coarse stream and shall not be by fine spray."
(h)Violation of any of the cautions set forth in subsection(g)(10)of this section,by any person,is a
violation of this section.
(i)Violation of any of the provisions of this section,in addition to the general penalties provided in this
particle,shall result in denial or revocation of any such violator's effluent distribution permit.
50
(Ord.No. 24396, § 1,3-20-2001;Ord.No. 24576, §4,9-11-2001)
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(74)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 one thousand
two hundred(1,200)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.
(Ord.No. 24396, § 1, 3-20-2001; Ord.No. 24576, § 4,9-11-2001; Ord.No. 029846, § 3,5-28-2013;Ord.
No. 029946, § 1,9-10-2013)
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 V.T.C.A.,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.
51
(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. Two(2.0)times the normal water charge per unit for water diversions and/or deliveries in
excess of the monthly allocation up through five(5)per cent above the monthly allocation.
b. Two and one-half(2.5)times the normal water charge per unit for water diversions and/or
deliveries in excess of the monthly allocation from five(5)per cent through ten(10)per cent
above the monthly allocation.
c. Three(3.0)times the normal water charge per unit for water diversions and/or deliveries in
excess of the monthly allocation from ten(10)per cent through fifteen(15)per cent above the
monthly allocation.
d. Three and one-half(3.5)times the normal water charge per unit for water diversions and/or
deliveries more than fifteen(15)per cent 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.
52
(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.
b.Variances granted shall expire when the pro-rata allocation of water to raw water or
wholesale treated water customers is no longer in 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.
(Ord.No. 24605, § 1, 10-9-2001; Ord.No. 029846, § 3, 5-28-2013; Ord.No. 029946, § 1,9-10-2013)
Section 2. That the Drought Contingency Plan adopted by Ordinance No. 029846 be amended
to reflect the changes to Section 55-152 and Section 55-153, and the amended Drought
Contingency Plan be filed of record with the City Secretary's office. City staff is directed to
submit the amended drought plan to the Texas Commission on Environmental Quality and as
53
required by law. Staff is directed to submit a copy of this ordinance to wholesale water
customers.
Section 3. Publication shall be made in the official publication of the City of Corpus Christi as
required by the City Charter of the City of Corpus Christi. This ordinance takes effect on date of
publication.
Section 4. 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 5. 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.
54
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of , 2015, by the following vote:
Nelda Martinez Brian Rosas
Rudy Garza Lucy Rubio
Chad Magill Mark Scott
Colleen McIntyre Carolyn Vaughn
Lillian Riojas
That the foregoing ordinance was read for the second time and passed finally on this
the day of , 2015, by the following vote:
Nelda Martinez Brian Rosas
Rudy Garza Lucy Rubio
Chad Magill Mark Scott
Colleen McIntyre Carolyn Vaughn
Lillian Riojas
PASSED AND APPROVED, this the day of , 2015.
ATTEST:
Rebecca Huerta Nelda Martinez
City Secretary Mayor
55
56
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
•
•
1 K
AN AGREED ORDER Amending the operational procedures and continuing an Advisory
Council pertaining to Special Condition S.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 and Nueces 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 of water for bays and estuaries
• and to make changes in the required passage of inflows for the bays and estuaries automaticat'40
percent and 30 percent of total reservoir system capacity upon institution of mandatory outdoor
watering restrictions. Additionally,Certificate Holders request the most recent bathymetric surveys
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 to releases
and spills from Choke canyon Reservoir and Lake Corpus Christi (collectivelyreferredto as,the•
Reservoir System),as well as return flows,and to evaluate potential impacts which may occur'to the
reservoirs as well as to the availability of water to meet the needs of the Certificate 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
•
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
• 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. 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 •
reservoirs.(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 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
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 July 6,500
February 2500 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 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 runoff meeting 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
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. 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;
(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; .
* "SUB"means "salinity upper bounds"as set forth more specifically in Section 3.b.
(c) If 15 ppt below the SUB for that month, a reduction of 75% of the
current month's targeted Nueces Bay inflow.
Page4of 11
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.
2. 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 wholesale customers shall develop and have in effect
a water 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 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.
(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-feetper month represents the quantity of water 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 subject 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
(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 bedetermined 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 of the Rincon Bayou Diversion;
Page 6of 11
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
Cleihpinone or two the five
authorizedalalnPool points nto ofted iversUperionRundercon Bayou.Certificatebyuse of Adjudication No.of 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_97.6254°W, also bearing S 27° 24' W, 4,739 feet
from the southwest corner of the J.H.W.Ottman Survey,Abstract No.212,
San Patricio County,Texas,where the water will be pumped at the maximum
rate of 45,000 gpm; 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 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 21.2.,this amendment shall automatically terminate
and the provisions of the Agreed Order of April 28, 1.995 shall be reinstated
and become operative despite this amendment,unless the Executive Director
grants a modification after considering the 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 may be made through this process only with the City's consent if
the changes result in 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 of the Executive Director's action no later than 23 days after the date
the Executive Director mails notice of the modification to the City. This motion shall
be considered under the provisions of 30 Texas 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
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. 27°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 upperNueces 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 forinflows'
• 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 8 of 11
• 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 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 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 Commission-shall 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-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;
(5) 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 itsgoal the maintenance of the proper ecological
Page9of 11
I '
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
5. This Agreed Order shall remain in effect until amended or superseded by the Commission.
• Issued date: •APR 05 2001 TEXAS NATURAL RESOURCE
CONSERVATION COMMISSION
. ,
Ribert J. uston, airman
•
•
•
•
Page 11 of 11
•
68
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.
69
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.
PHASE III- 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.
PHASE IV- 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
70
elevation of Choke Canyon Reservoir drops to 155 feet, Lake Corpus Christi will be
lowered to its minimum elevation.
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 73.0
Beeville Water Authority 74.0
Alice Water Authority 67.0
City of Corpus Christi 55.0
Annual Lake Corpus Christi Withdrawals:
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
71
PUBLISHER'S AFFIDAVIT
State of Texas } CITY OF CORPUS CHRISTI
County of Nueces } Ad# 608720
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(S)NO which the annexed is a true copy,
was inserted in the Corpus Christi Caller-Times on:
CC-Corpus Christi Caller-Times 07/20/15 Mon
CC-Internet - caller.com 07/ 0/15 Mon
- -/VA.,._J
LEGAL ALES REPRESENTATIVE
On this >day of I. [ ill , 20 1 > I certify that the attached document is a true
and exact copy made by publisher.
Notary Public, State of Texas
4 �
7 MICHELLE
My Com JOYCE CABRERA
,�I My Commission Expires
March 19,2016
3,:,,,,,,,„,:-,
4E»Monday,July 20,2015»CALLER-TIMES
NOTICE OF PASSAGE OF
ORDINANCE(S)
NO.030545,Ordinance amend-
ing City Code of Ordinances,
Sections 55-152 and 55-153,
Water Resource Manage-
ment, to revise drought
contingency triggers for
Stage 1 and Stage 2 and
drought best management
practices; and authorizing
amendment to the Drought
Contingency Plan approved
by Ordinance No. 029846
to reflect changes to Sec-
tions 55-152 and 55-153.This
ordinance was passed and
approved on second reading
by the City Council on July
14,2015.
/s/Rebecca Huerta
City Secretary