Chapter 13.20
WATER CURTAILMENT PLAN

Sections:

13.20.010    Water curtailment plan adopted.

13.20.020    No present emergency.

13.20.030    Introduction.

13.20.040    Authority.

13.20.050    Administration.

13.20.060    Implementation of the plan.

13.20.070    Water system capacity constraints.

13.20.080    Definitions.

13.20.090    Curtailment levels.

13.20.100    Curtailment plan.

13.20.110    Discontinuance of service.

13.20.120    Variances.

13.20.130    Modifications.

13.20.010 Water curtailment plan adopted.

The city council for the city of Eagle Point (the “council”) hereby approves, adopts and incorporates the water curtailment plan as codified in this chapter (the “plan”). [Ord. 4-70 § 1, 1992].

13.20.020 No present emergency.

This chapter does not constitute a declaration by the council that a water shortage emergency presently exists. Any such declaration, if necessary, shall be made pursuant to EPMC 13.20.060. [Ord. 4-70 § 2, 1992].

13.20.030 Introduction.

The city of Eagle Point has prepared a water curtailment plan to meet minimum supply needs encountered during drought conditions, supply depletion or emergencies such as facility breakdown or failure. The plan will address conditions that exist during a water shortage emergency and when the ordinary demands and requirements of water consumers cannot be satisfied without depleting the water supply of the city of Eagle Point. The purpose of this plan is to conserve the water supply of the city of Eagle Point for the greatest public benefit with particular regard to public health, fire protection and domestic use. The plan will attempt to provide sufficient water by reducing waste and maintaining water usage on a fair and equitable basis. [Ord. 4-70 § 1 (Exh. A § 1), 1992].

13.20.040 Authority.

The plan will comply with the requirement of the Oregon Water Resources Department and OAR 690-019-0090. The city of Eagle Point is allowed to implement nonvoluntary curtailment or suspension of water service under Chapter 13.04 EPMC. [Ord. 4-70 § 1 (Exh. A § 2), 1992].

13.20.050 Administration.

The plan will be administered by the city administrator of the city of Eagle Point unless specified otherwise. [Ord. 4-70 § 1 (Exh. A § 3), 1992].

13.20.060 Implementation of the plan.

A. The city administrator of the city of Eagle Point or the city council can, with a majority of consent, declare an emergency and enact the plan. If a majority of the city council cannot be reached and an emergency situation exists, the city administrator will have the authority to enact the plan. The plan will remain in effect until the city council declares that the water shortage emergency has ended.

B. If the emergency situation exists in one or more service sections, the plan may be enacted for the entire system or for only those sections directly affected. The scope of enactment will be decided by the city administrator at the time the plan is enacted and can be broadened or narrowed as needed during the time the emergency situation exists. [Ord. 4-70 § 1 (Exh. A § 4), 1992].

13.20.070 Water system capacity constraints.

The city of Eagle Point will enact curtailment measures to reduce the impact of a drought or the inability of the system to meet peak daily demands. These constraints shall apply to all types of customers using water provided by the city of Eagle Point. [Ord. 4-70 § 1 (Exh. A § 5), 1992].

13.20.080 Definitions.

For the purpose of this plan, the following terms have the meaning given:

“Customer” means any person using water supplied by the city of Eagle Point.

“Necessary irrigation” means the minimal amount of water which can be applied directly to the plant root zone through hand or drip watering to sustain plant life. Limited to vegetables, flowers and shrubs. Does not include turf, lawns or any other than as expressly stated and is limited to once per week.

“Nonessential irrigation” means all irrigation which is not classified as necessary irrigation.

“Person” means any person, firm, entity, partnership, association, corporation, company, group customer, or organization of any kind.

“Water” means water supplied by the city of Eagle Point. [Ord. 4-70 § 1 (Exh. A § 6), 1992].

13.20.090 Curtailment levels.

A. First Level. Water demand is approaching the reliable capacity of the system and a strong probability exists that, based on current demand patterns, current demand will exceed the current supply if allowed to continue at the current rate.

B. Second Level. The water demand is at the capacity or upper limit of the system and occasionally exceeds the system’s capacity.

C. Third Level. The water system has a problem which necessitates using only the Rogue River source which is treated at the Robert A. Duff Water Treatment Plant. The treatment plant is capable of producing 25 MGD. This is far below the summertime demands which reach up to 45 MGD. This will require strict curtailment measures to ensure domestic and fire needs can be met.

D. Fourth Level. The water system has an immediate supply or demand problem and the health or safety of the public is at risk. [Ord. 4-70 § 1 (Exh. A § 7), 1992].

13.20.100 Curtailment plan.

A. First Level.

1. Voluntary Reduction of Water Use. Through the media the public shall be informed of the current water situation and encouraged to voluntarily curb nonessential uses. These uses include:

a. Residential.

i. Lawn watering more than every other day;

ii. Noncommercial washing of privately owned vehicles, trailers and boats, except from a bucket and hose equipped with a shut-off nozzle which may be used for a quick rinse;

iii. Washing sidewalks, driveways, parking areas, tennis courts, patios or other exterior paved areas except by the Eagle Point fire department or other public agency for the purpose of public safety;

iv. The city of Eagle Point will intensify the current leak repair policy and give leak repairing the highest priority. Public agencies will be asked to curtail their water use in parks and office landscapes. Fire hydrants will not be flushed unless necessary for water quality reasons. No annual hydrant flushing will be conducted.

b. Commercial/Industrial.

i. Recommend all nonessential irrigation be discontinued and all necessary irrigation be done on an alternate-day basis;

ii. Inform all commercial and industrial customers of the second level of curtailment triggers and restrictions;

iii. Washing of commercial vehicles except in a facility which recycles water.

2. Notification. Water conservation suggestions will be a part of level one curtailment measures and will be distributed through leaflets, public service announcements and newspaper announcements. During the first level of curtailment, the public will be fully advised of possible future curtailment measures and what conditions may require implementation.

B. Second Level.

1. Mandatory Reductions in Residential Water Use.

a. Enact a mandatory alternate day lawn and garden watering schedule.

b. Eliminate any use of water from a fire hydrant except for fighting fires or emergency applications.

c. Customers will be required to water during the evening hours when demand is lower. Watering in the midday heat will be prohibited.

d. Disallow the washing of any motorbike, motor vehicle, boat, trailer, or other vehicle, except at a commercial fixed washing facility or by bucket and hose equipped with a shut-off nozzle which may be used for a quick rinse.

e. Disallow the use of nonrecycled water in a fountain or pond for aesthetic or scenic purposes except where necessary to support fish life.

f. Mandate no person or customer shall cause or permit water to run to waste in any gutter or drain.

2. Mandatory Reduction in Commercial or Industrial Water Use. The following commercial or industrial water uses are determined to be nonessential and are prohibited:

a. Disallow the use of water for dust control at construction sites.

b. All nonessential irrigation shall be discontinued and all necessary irrigation shall be done on an alternate-day basis.

c. Disallow the use of water from hydrants for any purpose other than fire fighting.

d. Disallow washing of commercial vehicles except in a facility which recycles water.

C. Third Level.

1. Mandatory Reductions in Residential Water Use.

a. All lawn and garden watering shall be restricted to every fourth day.

b. Eliminate any use of water from a fire hydrant except for fighting fires or emergency applications.

c. Disallow initial filling or refilling of swimming pool.

d. Disallow the washing of any motorbike, motor vehicle, boat, trailer, or other vehicle, except at a commercial fixed washing facility which recycles its water.

e. Disallow the use of nonrecycled water in a fountain or pond for aesthetic or scenic purposes except where necessary to support fish life.

f. Mandate no person or customer shall cause or permit water to run to waste in any gutter or drain.

g. Prohibit daylight watering.

2. Mandatory Reduction in Commercial or Industrial Water Use. The following commercial or industrial water uses are determined to be nonessential and are prohibited:

a. Disallow the use of water for dust control at construction sites.

b. Disallow the use of water from hydrants for any purpose other than fire fighting.

c. The city of Eagle Point reserves the right to set gallonage limits on individual businesses based on the severity of the current situation as well as current and past consumption habits.

d. The largest consumers in the city of Eagle Point service area will be contacted and possible ways to reduce water consumption will be discussed on an individual basis.

3. Lawn Watering Schedule. A plan allowing customers to water their lawn every fourth day will be enacted. This plan will be publicized in the following ways:

a. The local media (TV, radio, newspaper) will be contacted and asked to give this item heavy publicity. In addition to news articles, public service announcements will be featured on TV and radio. These will stress the importance of following this schedule to reduce peak demands on our system during the drought conditions.

b. A brochure will be sent out to all city of Eagle Point customers with a lawn watering calendar.

c. Customers will be required to water during the evening or early morning hours when demand is lower. Watering in the midday heat will be prohibited.

D. Fourth Level.

1. Mandatory Reduction in Residential Water Use. The city administrator reserves the right to set gallonage limits on individual residences based on the severity of the situation and current and past per capita consumption patterns.

2. Prohibition on Sprinkling and Watering. No person or customer shall sprinkle, water or irrigate any shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens, vegetables, flowers or any other vegetation.

3. Mandatory Reduction in Commercial or Industrial Water Use. Any commercial or industrial use shall be limited to 50 percent of the amount used by the customer during the corresponding billing period in the same time period of the previous year. If connection to the city of Eagle Point system was not in existence during the previous year, an assumed amount will be computed using existing records of similar services. The city of Eagle Point reserves the right to set gallonage limits on individual businesses based on the severity of the current situation as well as current and past consumption habits. An appeal to the 50 percent limitation may be made directly to the city administrator; then appealable to the city council. The city council’s decision shall be final. [Ord. 4-70 § 1 (Exh. A § 8), 1992].

13.20.110 Discontinuance of service.

The city of Eagle Point may, after one warning by certified mail or in person by staff, disconnect the water service of any person or customer whenever it is determined that such person or customer has failed to comply with any provisions of this chapter. Service so disconnected shall be restored only upon payment of the turn-on charge, or as otherwise specified by law, and any other costs incurred by the city of Eagle Point in the discontinuance of service and the giving of suitable assurances to the city of Eagle Point that the action causing the discontinuance will not be repeated. In addition to the foregoing, the city of Eagle Point may, prior to restoration of services, install a flow-restrictor device on the customer’s service. [Ord. 4-70 § 1 (Exh. A § 9), 1992].

13.20.120 Variances.

The city of Eagle Point may, in writing, grant temporary variances for prospective uses of water otherwise prohibited after determining that due to unusual circumstances to fail to grant such variance would cause an emergency condition affecting health, sanitation, or fire protection of the applicant or the public. Appeals for variances shall be made directly to the city administrator. Every party is entitled to go through an appeal to the city council of the city administrator’s decision. [Ord. 4-70 § 1 (Exh. A § 10), 1992].

13.20.130 Modifications.

The city of Eagle Point may modify or revise the plan, or any portion of the plan, when it deems appropriate. Modifications of the plan can be passed by a majority of consent by the city council. [Ord. 4-70 § 1 (Exh. A § 11), 1992].