CHAPTER 91

WATER CONSERVATION

91.01 Water Shortages – General
91.02 Water Shortage Classifications
91.03 Water Use Restrictions by Water Shortage Classifications
91.04 Penalties
91.05 Water Base Allocations and Premium Rate Under a Water Emergency

91.01 WATER SHORTAGES – GENERAL. From time to time during and following drought conditions, or due to equipment failure, the City water supply may become significantly and seriously depleted to the point where a sufficient supply of water to meet all customary and usual demands may be threatened. Under these conditions, the Council may find, and declare by resolution, a public Water Watch, Water Warning or Water Emergency during which time the measures and provisions described herein shall be in effect to produce an orderly and equitable reduction of water consumption until, by resolution, the Council finds and declares the water shortage condition to be ended.

91.02 WATER SHORTAGE CLASSIFICATIONS.

1. Water Advisory. A Water Advisory may be declared when future water shortages are anticipated. This typically occurs when we have experienced light winter snowfalls, or little or no spring rains. These previous factors, when coupled with high temperatures and limited amounts of forecasted rainfall will lead to a water advisory declaration. The Water Advisory will be declared to ensure that the needs of customers currently or in the foreseeable future are adequately met. Indicators of the need to impose a water advisory may be: any noticeable drop in water static and pumping levels; Big Sioux River water flow drops; extended hot and dry weather forecasts; and increases in the average and peak demand for water consumption. All customers of the City will be encouraged to limit or curtail all nonessential uses of water in order to conserve precious water resources during the time of shortage. Conservation education will be implemented and voluntary restrictions will be requested during this stage. City staff may declare a water advisory.
2. Water Watch. A Water Watch may be declared when a water shortage or equipment failure poses a potential threat to the ability of the water system to meet the needs of its customers currently or in the foreseeable future. Indicators of the need to impose a water watch include: the pumping of all primary wells are operating at 80% of peak firm capacity (1.25MGD) for 3 days during any 30-day period of active wells or active wells static and pumping water levels are below normal by greater than 2 feet up to 5 feet on average or moderate decreases in the recovery rate of water level in wells. Moderate mandatory water use restrictions will apply.
3. Water Warning. A Water Warning may be declared when a water shortage or equipment failure poses a serious threat to the ability of the water system to meet the needs of its customers currently and in the foreseeable future. Indicators of the need to impose a Water Warning include: the pumping of all primary wells are operating at 90% of peak firm capacity of active wells (1.40 MGD) for 3 days, during any 30-day period or active wells static and pumping water levels are below normal by more than 5 feet up to 7 feet on average or significant decreases are experienced in the recovery rate of water level in wells or minor system failure in feeder water mains or the treatment plant. Significant mandatory water use restrictions will apply.
4. Water Emergency. A Water Emergency may be declared when a water shortage or equipment failure poses a severe and immediate threat to the ability of the water system to meet the needs of its customers. Indicators of the need to impose a Water Emergency include: the pumping of all primary wells are operating at 100% of peak firm capacity of active wells (1.40 MGD) for 3 days, during any 30-day period or active wells static and pumping water levels are below normal by more than 7 feet or more or severe decreases are experienced in the recovery rate of water level in wells or chemical spills, or major system failure in trunk water mains or the treatment plant. Severe mandatory water use restrictions will apply.

Note: The static and pumping water levels described above are specifically determined for each well, for each Water Phase by Table I of the Water Conservation and Drought Contingency Plan. The entry into each water conservation level shall actually be determined by any four of the active pumps reaching that level.

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91.03 WATER USE RESTRICTIONS BY WATER SHORTAGE CLASSIFICATIONS.

1. Water Conservation Advisory – Normal and Slightly Below Normal. No mandatory restrictions shall apply, only the following voluntary conservation measures:
   • A. Outdoor watering of any kind is prohibited between the hours of 8:00 a.m. and 8:00 p.m. and should occur only between the hours of 8:00 p.m. and 8:00 a.m. and should be restricted to three times per week.
   • B. Unnecessary outdoor watering such as washing streets, parking lots, driveways, sidewalks, building exteriors, or non-essential cleaning of commercial and industrial equipment, machinery and interior spaces should be minimized or discontinued altogether.
2. Water Watch. Under a Water Watch, no person shall use potable processed water of the City water service in any manner contrary to the following:
   • A. Outdoor watering of any kind is prohibited between the hours of 8:00 a.m. and 8:00 p.m. and is restricted to two times per week. Houses and businesses fronting on the north and east shall be permitted to water Tuesday and Saturday nights. Houses and businesses fronting on the south and west shall be permitted to water Wednesday and Sunday nights.
   • B. No water shall be used to wash streets, parking lots, driveways, sidewalks or building exteriors or other non-essential watering.
   • C. No water should be used for non-essential cleaning of commercial and industrial equipment, machinery and interior spaces.
3. Water Warning. Under a Water Warning, no person shall use water in any manner contrary to the following:
   • A. Outdoor watering of any kind is prohibited between the hours of 8:00 a.m. and 8:00 p.m. and is restricted to one time per week. Houses fronting on the north and east shall be permitted to water Saturday night. Houses fronting on the south and west shall be permitted to water Sunday night.
   • B. Car washing is prohibited except in commercial establishments that provide that service.
   • C. No water shall be used to wash streets, parking lots, driveways, sidewalks or building exteriors or other non-essential watering.
   • D. No water shall be used for nonessential cleaning of commercial and industrial equipment, machinery and interior spaces.
4. Water Emergency. Under a Water Emergency, no person shall use potable processed water of the City in any manner contrary to the following:
   • A. All outside water use, except for domestic sanitation and fire, is prohibited.
   • B. All commercial and industrial uses of water not essential in providing products or a service is prohibited. This shall include commercial car washing not using recycled water.
   • C. Outdoor watering or irrigation of lawn is prohibited. Irrigation of agricultural crops drawing from our shallow aquifer in our 5-year water recharge area on file with the DNR is prohibited. The City’s agricultural fill point shall also be closed.
   • D. Recreational and leisure water use, including lawn and golf course watering, swimming pools, kiddy pools, and other incidental or recreational use is prohibited. The swimming pool shall also be closed.
   • E. Water use not necessary for the preservation of life or the general safety or welfare of the community is prohibited.
   • F. The normal water rate shall be amended to apply a premium surcharge rate to be charged for water usage over the base allocation. This shall apply for complete billing route cycles.
5. Exceptions to Water Restrictions.
   • A. Deep wells/treated effluent. Wells and sources of water not drawing from the City Well Field 5-year recharge zone. The boundaries of said recharge zone are on file with the IDNR, as part of the City’s watershed protection plan.
   • B. Commercial car wash facilities and other businesses that utilize recycled water.
   • C. Businesses that irrigate and that have a independently metered irrigation can be exempted from the premium rate usage charges by agreeing to do a final reading and cutoff of the irrigation system. If hose watering or the irrigation is not separately metered this exemption shall not apply.

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91.04 PENALTIES. The following penalties shall apply for violations of water use restrictions imposed under this chapter.

1. First Violation. For a first violation, the City shall issue a written notice of violation warning to the water user violating the water use restrictions.
2. Subsequent Violations. A second or subsequent violation of the Water Watch, Warning or Water Emergency use restrictions by any person within a 12-month period constitutes a municipal infraction. Any person who, in making application to the Public Works Director for adjustment of the base allocation or premium charges, intentionally provides false or incorrect statements or information commits a municipal infraction. Any business that has agreed to cut off irrigation, which then subsequently restarts the utilities shall be considered to have committed a municipal infraction. Any other violations of the provisions of this chapter shall also be considered a municipal infraction.

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91.05 WATER BASE ALLOCATIONS AND PREMIUM RATE UNDER A WATER EMERGENCY.

1. Monthly Base Allocation. The base allocation of water per residential unit shall be 1200 cubic feet per billing period. For five-week billing periods the residential monthly base allocation shall be increased to 300 cubic feet. For commercial, industrial or institutional use, the base allocation shall be established for those businesses with irrigation systems. The base allocation for these nonresidential customers shall be the average monthly water used during the previous winter for the period of November through April.
2. Appeal and Adjustment of the Base Allocation. Any person may file an appeal with the Public Works Director to adjust the base allocation amount. The Water Appeal Board may grant an adjustment to the appellant based upon the following criteria:
   • A. For single-family residential use, the base allocation may be increased by additional 200 cubic feet per person, over 4 people up to a maximum of 400 additional cubic feet per billing period for all individuals residing at the appellant’s residence for a period of more than thirty (30) days.
   • B. For commercial, industrial, institutional or other nonresidential uses, the base allocation shall be determined for those that typically irrigate through a permanent system or hose. The base allocation shall be determined by taking a 6-month average of water usage for November through April. The base allocation may be increased by the Public Works Director based on factors appropriate to the individual customer; such as usage, production, service and occupancy data provided by the customer.
   • C. For those situations where the criteria do not apply, the Public Works Director shall make a determination on the base allocation utilizing the above described methods as closely as possible.
3. Premium Rate for Imprudent Consumption. In addition to the water rates duly enacted by the City, all persons shall pay a premium rate of $5.00 per 100 cubic feet or fraction thereof for water consumed in excess of the base allocation. The premium rate shall apply on the next complete billing cycle beginning with Route 1 and shall be applicable through complete billing cycles until the water emergency is lifted by the Council.
4. Adjustment of Premium Rate Charges. Any person may file for adjustment of the premium rate charges for imprudent water consumption with the Public Works Director. The Public Works Director may grant an adjustment of the premium rate charges in accordance with the following criteria:
   • A. Adjustments may be granted for over-consumption due to mechanical failures such as broken or leaky pipes or fixtures but not for over-consumption due to human carelessness.
   • B. The applicant shall furnish proof that the mechanical failure was repaired promptly. This should be in the form of a licensed plumber’s invoice or statement or a materials receipt.
   • C. The adjustment shall be granted only for the billing period prior to the correction of the failure.
   • D. For those accounts granted an adjustment of the premium rate charges, the minimum adjusted rate shall be only for the premium rate charges and associated sales tax. For any person not satisfied with the decision. of the Public Works Director may file a written appeal to the Water Appeal Board. As provided by the Utility Service Rules the customer shall pay the undisputed portion of the water bill.
5. Water Appeal Board. The Board of Zoning Adjustment shall serve as the Water Appeal Board. The Water Appeal Board shall hear appeals of any action taken pursuant to this chapter only, except for municipal infractions. If a customer is charged with a municipal infraction relating to this chapter, that proceeding shall be conducted pursuant to Chapter 3 of this Code of Ordinances and Iowa Code Section 364.
6. Reduction in Flow of Water to Any Person. The Public Works Director is authorized, after giving notice and opportunity for hearing before the Water Appeal Board, to reduce the flow of water to any person determined to be using water in any manner not in accordance with this chapter during a Water Emergency.

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