Chapter 15.13 WATER CONSERVATION

No person who uses water from the city water supply system, the management and control of which the city council delegated to the El Paso water utilities public service board (public service board) by Ordinance No. 752, shall make, cause, use or permit the use of water received from the public service board for residential, commercial, industrial, agricultural, governmental or any other purposes in a manner contrary to any provisions of this chapter. Provided further, that no person shall make, cause, use or permit the use of water in a manner contrary to Section 15.12.075 of the city code or Section 15.13.040 of this chapter, regardless of whether that water is received from the El Paso water utilities public service board. When used in this chapter, the terms “commercial,” “industrial,” and “residential” shall have the meaning and usage consistent with the usage of those terms under Title 20, Zoning, of the city code. (Ord. 14805 (part), 2001: Ord. 10503 § 2 (part), 1991)

The following mandatory restrictions shall apply to all customers of, or persons who use or receive water from the public service board:
A. All outdoor irrigation of grass, trees, plants or other vegetation on residential and commercial property on the side of the street on which building addresses are even numbered, may be done only Tuesdays, Thursdays and Saturdays; and on the side of the street on which buildings are odd numbered, such vegetation may be irrigated only on Wednesdays, Fridays and Sundays. In case of corner buildings having both odd and even numbers, the number carried on the books of the public service board shall control.
B. All outdoor irrigation of grass, trees, plants or other vegetation on industrial properties, parks, golf courses, schools and cemeteries may be permitted only on Mondays, Wednesdays and Fridays. All other properties, not falling within the industrial classifications described in this subsection, shall be considered residential and shall be watered in accordance with the requirements of subsection A of this section.
C. From April 1st to September 30th, all outdoor irrigation of vegetation is prohibited between the hours of ten a.m. and six p.m.
D. The review board of the public service board shall have the authority to review special situations and hardship cases upon application of any person in accordance with the procedures set forth in Section 15.13.060 of this chapter. (Ord. 14805 (part), 2001: Ord. 10942 § 2, 1992; Ord. 10503 § 2 (part), 1991)

The following restrictions shall apply to all customers of or persons who use or receive water from the public service board:
A.1. The washing of automobiles, trucks, trailers, boats, airplanes and other types of mobile equipment shall be done only with a hand-held bucket or a hand-held hose equipped with a shut-off nozzle that completely shuts off the flow of water, even if left unattended. This restriction does not apply to the washing of the above-listed vehicles or mobile equipment when conducted on the premises of a commercial car wash or a commercial service station. When used in this chapter, “bucket” means a bucket or other container holding five gallons or less;
2. The washing of automobiles, trucks, trailers, boats, and other types of mobile equipment for fund-raising purposes must be conducted at a commercial car wash.
3. Prior to connection of water service to any commercial car wash issued building permits for construction after June 1, 2002, a certification shall be provided to the El Paso Water Utilities that the car wash uses no more than fifty gallons of water per vehicle washed. Absent such certification, no water service will be provided.
B. The following uses of water are defined as “wasting water” and are absolutely prohibited:
1. Irrigating any turf grass, tree, plant, or other vegetation, or otherwise utilizing the city water supply system to permit or cause water to pond, or to flow, spray or otherwise move or be discharged from the premises of any person responsible for any property within the corporate limits of the city, or which receives water from the public service board to or upon any street, alley, gutter or ditch, or other public right-of-way, or into a storm water drainage system or facility found in Section 19.16.050 of this code;
2. Failing to repair a leak within five working days of the discovery of same;
3. Washing sidewalks, driveways, parking areas, tennis courts, patios or other impervious surface areas with a hose, except in emergencies to remove spills of hazardous materials or to eliminate dangerous conditions which threaten the public health, safety, or welfare. “Impervious surface area” means any structure, street, driveway, sidewalk, patio or other surface area covered with brick, paving, tile or other impervious or nonporous material.
C. When referred to in this subsection, “swimming pool” shall mean any portable or permanent structure containing a body of water twenty-four inches or more in depth and containing one thousand one hundred twenty-two gallons or more of water and intended for recreational purposes, including a wading pool and as more fully defined under Section 20.02.820 of the city code. All swimming pools, which are constructed after the effective date of the ordinance codified in this chapter, must be equipped with filtration, pumping and recirculation systems. All existing swimming pools not equipped with such shall, within five years of April 1, 1991, be converted to filtration, pumping and recirculation systems, unless the review board, upon application of the pool owner or operator for a variance under Section 15.13.060 of this chapter, grants such a variance or extension of time. It is unlawful to drain swimming pools into the street, alley, gutter or other public right-of-way, ditch, or storm water drainage system or facility as defined in Section 19.16.050 of this code. Swimming pools may be drained into the sanitary sewer system only in coordination with El Paso water utilities’ wastewater system division manager.
D. New or replacement bleeder lines from evaporative coolers shall not be larger than one eighth-inch inside diameter. Bleeder lines shall be conducted outside and discharged so that the effluent can be used for water landscaping and other outdoor vegetation, except where this would be impractical or unfeasible.
E. No person shall use water for non-residential single pass cooling or heating purposes unless the water is reused for other purposes. “Single pass cooling or heating” means the use of water without recirculation to increase or decrease the temperature of equipment, a stored liquid or a confined airspace. (Ord. 15106 § 1, 2002; Ord. 14805 (part), 2001: Ord. 10505 § 2 (part), 1991)

A. For the purpose of this section, a large water user is defined as “any person who uses an average of ten thousand gallons per day or more from the water supply system under the management and control of the public service board.” A very large water user is defined as “any person who uses an average of one hundred thousand gallons per day or more from the water supply system under the management and control of the public service board.”
B. All new very large water users, or existing very large water users, who apply for new service or an expansion of an existing service shall obtain approval from the public service board before being permitted to connect to the system or to expand within the system. Such large water users shall submit a water conservation plan to the Water Conservation Manager which contains a water use justification report that relates the water consumption to recycling potential and meets the requirements of subsection C of this section. The water conservation manager shall submit a recommendation, based upon this submittal to the public service board which shall render its decision within thirty days of the receipt of the recommendation from the water conservation manager. The water conservation manager shall review all water conservation plans submitted to determine whether the plan meets the requirements of this section. The public service board may approve the application for service with or without conditions, deny the application, or take any other action consistent with the policies expressed in this chapter.
C. All large water users who use more than an average of twenty-five thousand gallons per day shall prepare and submit to the water conservation manager, within six months of April 1, 1991, a water conservation plan, in accordance with this section as a condition for continued use or new service. All large water users, who use more than an average of ten thousand gallons per day but less than twenty-five thousand gallons per day, shall prepare and submit to the water conservation manager, within one year of April 1, 1991, a water conservation plan, in accordance with this section as a condition for continued use or new service. The water conservation plan must demonstrate that reasonable diligence will be used to avoid waste and achieve water conservation. The water conservation plan shall include techniques and technologies that will reduce the consumption of water, reduce the loss or waste of water, improve the efficiency in the use of water, or increase the recycling and reuse of water. All conversion to recycling and reuse of water, if required, shall be accomplished within five years from the date of submittal of the water conservation plan. The water conservation manager may require additional information to be submitted which he/she deems necessary. If the water conservation plan demonstrates that the large water user will use reasonable diligence to avoid waste and achieve water conservation, the water conservation manager shall approve the plan. All approved water conservation plans shall be revised every five years. A fee of twenty-five dollars per plan submittal shall be assessed to defray administrative costs.
D. In considering approval of a water conservation plan, the water conservation manager and the public service board shall consider the climatic conditions, best management practices, best available techniques and technologies, the financial capacity of the applicant, and any other such factors which affect the policy of the city as expressed in the water resource management plan or the conservation policy of the state of Texas, as expressed in Section 1.003 of the Texas Water Code or applicable water conservation regulations providing for the conservation and development of the state’s water resources adopted by the Texas Commission on Environmental Quality.
E. Any person whose water conservation plan is disapproved by the water conservation manager may appeal the decision to the review board, the public service board and the city council in accordance with the procedure set forth in Sections 15.13.060 and 15.13.070 of this chapter. (Ord. 16822 § 1 (part), 2008; Ord. 14805 (part), 2001: Ord. 10503 § 2 (part), 1991)

A. Owners of newly seeded or sodded turf grass and landscaping and new residential and commercial developments may receive a landscape watering permit upon application and approval by the water conservation manager allowing for daily watering of the same until the turf grass and landscaping are established, which shall not exceed thirty days.
B. The planning and development manager, water supply manager and general manager of the public service board, or his designee, shall be immediately established as a review board to review hardship and special cases which cannot fully comply with the provisions of this chapter after recommendation by the water conservation manager. The review board will review hardship or special cases to determine whether a particular case warrants a variance or permit and shall hear appeals from any person whose water conservation plan is rejected by the water conservation manager. The review board shall consider the facts of each case separately and decide whether to grant a variance or permit within ten working days of the receipt of a properly completed “Application for Variance/Permit” form which shall be developed by the water conservation manager. A variance shall be granted only for reasons of economic hardship, medical hardship, or if there is a legitimate public health or safety concern that will be promoted or fulfilled as a result of granting the permit or variance. An “economic hardship” is defined as a threat to an individual’s or business’ primary source of income, and where not granting the variance would result in material structural damage to the person’s property. A “medical hardship” is defined as a situation where it is determined that a person’s ill health or medical condition requires a dependency upon others to water or irrigate. Under no circumstances shall inconvenience or the potential for damages of landscaping be considered an economic hardship or significant damage to property which justifies a variance. The review board shall authorize only the implementation of equitable water use restrictions which further the intent of the public service board’s water conservation plan. Any special water use restrictions authorized by the review board in each hardship or special case shall be set forth on the face of the variance or the permit. A fee of twenty-five dollars shall be assessed per application to defray administrative costs. The fee may be waived upon the execution of an affidavit stating that applicant for the variance is unable to pay the fee and such affidavit shall be sworn before a notary public. Final determination of an applicant’s inability to pay shall be made by the water conservation manager.
C. A variance or permit issued under this section expires under its own terms and conditions, but in no event shall a variance or permit be issued for a period of more than five years from the date of issuance. Any person issued a variance or permit must fully comply with all the provisions of this chapter as an express condition of that person’s variance or permit.
D. Any person who is issued a variance or permit and uses water supplied or delivered by the public service board shall provide proof of such variance or permit upon demand by any person authorized to enforce this chapter. Upon conviction of violating any provision of this chapter, the review board may revoke or suspend any permit or variance previously granted. Provided, however, the review board shall notify the permittee of the proposed revocation five working days before taking such action, and if within that time the permittee requests a hearing in writing, the permittee shall be given an opportunity to be heard by the review board prior to taking such action.
E. No prosecution for a violation of any provision of this chapter may be suspended for the sole purpose of allowing a person to obtain a variance or permit. (Ord. 14805 (part), 2001: Ord. 10942 § 3, 1992; Ord. 10503 § 2 (part), 1991)

A. Any person who applies for a permit or variance under Section 15.13.060 and is denied such permit or variance by the review board, or whose permit or variance is revoked or suspended by the review board, or whose water conservation plan is disapproved by the review board, may appeal the decision of the review board by filing an intention to appeal in writing with the general manager of the public service board within five working days of the review board’s decision. If a proper appeal is timely filed, the public service board will hear the appeal within thirty days of the time the appeal is filed with the general manager. The public service board may take any action it deems necessary with regard to the appeal including denying same, granting same, or granting the requested permit or variance with conditions, or approving the water conservation plan. The decision of the review board shall be final and binding if there is no timely filing of an appeal in accordance with this section.
B. Any person, whose appeal to the public service board is denied, may appeal the decision of the public service board by filing an intention to appeal in writing with the city clerk within five working days of the public service board’s decision. If a proper appeal is timely filed, the city council will hear the appeal within thirty days of the time the appeal is filed with the city clerk. The city council may take any action it deems necessary with regard to the appeal including denying same, granting same or granting the requested permit or variance with conditions, or approving the water conservation plan. The decision of the city council shall be final and binding. The decision of the public service board shall be final and binding if there is no timely filing of an appeal in accordance with this section. (Ord. 14805 (part), 2001: Ord. 10503 § 2 (part), 1991)

The following shall constitute exceptions from compliance with the provisions of this chapter:
A. The water is a result of natural events such as rain or snow;
B. The flow is a result of temporary failures or malfunctions of the water supply system;
C. The flow is a result of water used for firefighting purposes including the inspection and pressure testing of fire hydrants or the use of water for firefighting training activities;
D. The use of water is required for the control of dust or the compaction of soil as may be required by this code;
E. The water is used to wash down areas where flammable or otherwise hazardous material has been spilled and creates a dangerous condition;
F. The water is used to prevent or abate public health, safety or accident hazards when alternate methods are not available;
G. The water is used for routine inspection or maintenance of the water supply system;
H. The water is used to facilitate construction within public right-of-way in accordance with the requirements of the city and good construction practices;
I. The use of water is permitted under the terms of a variance, permit or compliance agreement granted by the review board or the public service board;
J. The water that is used for street sweeping, sewer maintenance or other established utility and public works practices;
K. Watering contrary to the even/odd watering requirements, under Sections 15.13.020(A) and 15.13.020(B), and from the time of day watering requirements under Section 15.13.020(C), may be permissible for one day only where application of chemicals requires immediate watering to preserve an existing lawn. In cases of commercial application, a receipt from a commercial lawn treatment company indicating the date of treatment, the address of the property treated, the name and address of the commercial contractor, and the chemical treatment required shall constitute evidence that the owner or person responsible for the property is entitled to this exception. Where treatment with a noncommercial application of chemicals requires immediate watering to preserve an existing lawn, the owner or person responsible for the property must contact the water conservation department prior to the application of chemicals and provide evidence satisfactory to the water conservation manager for approval of this exception;
L. Outdoor irrigation necessary for the establishment of newly seeded or sodded turf grass and landscaping in new residential and commercial developments;
M. Plants which cannot be kept alive without daily watering may be permitted to be watered from a bucket but not from the use of a hose on the days when watering is prohibited. (Ord. 14085 (part), 2001: Ord. 10942 § 4, 1992; Ord. 10503 § 2 (part), 1991)

The general manager may implement the following additional restrictions and regulations curtailing water use upon the declaration of a water emergency by the mayor upon recommendation of the public service board:
A. Prohibit all restaurants from serving water to their customers except when specifically requested by the customer;
B. Prohibit the operation of any ornamental fountain or similar structure;
C. Suspend the issuance of all variances or permits hereunder;
D. Prohibit the filling, refilling or adding of water to all swimming pools;
E. Prohibit the washing of all vehicles and equipment except upon the premises of a commercial car wash;
F. Require that the washing of motor vehicles, airplanes, boats or other types of mobile equipment, upon the immediate premises of a commercial car wash or a commercial service station, shall occur only between the hours of twelve noon and five p.m.
The mayor may declare a water emergency in case of a severe drought, in the event of any condition which interrupts the ability of the public service board to supply water, where curtailment of the use of water is necessary due to war, a natural disaster, to protect the public health, safety or welfare, or to preserve the water supply. In the event such water emergency is to continue for more than five days, such measures must be passed by resolution by majority of city council in order for the declaration of emergency to continue beyond the initial five day period. During such a water emergency, the general manager may impose any additional restrictions on the use of water from the city’s water supply system in all or in any part of the city as the city council may authorize. (Ord. 15106 § 3, 2002: Ord. 14805 (part), 2001: Ord. 10503 § 2 (part), 1991)

A. Turf grass is prohibited in all parkways, narrow strips of land and sloped areas within new residential or commercial sites for which a building permit is issued after June 1, 2002, unless irrigated with sub-surface irrigation. For purposes of this section, “sloped areas” means an area with a slope ratio of one to three or greater from the horizontal. “Sub-surface irrigation” means a low pressure irrigation system installed below the surface of the ground or mulch, consisting of a water distribution system equipped with pre-installed water emitters that are rated by gallons per hour, and that is suitable for turf grass irrigation.
B. Turf grass for residential sites after June 1, 2002, shall not be used for more than fifty percent of the total area to be landscaped (front and back yard).
C. Turf grass for commercial sites after June 1, 2002, shall not be used for more than thirty-three and one-third of the total area to be landscaped (front and back yard). (Ord. 15106 § 2, 2002: Ord. 14805 (part), 2001)