Milligan Water Supply Corporation Landscape Water Management Regulations A. Purpose The purpose of these proposed landscape water management regulations is to provide a consistent mechanism for preventing the waste of water resources. To enact these provisions, MWSC has a certificate of convenience and necessity that gives legal authority to adopt such provisions, and promulgate valid rules, orders, or ordinances. B. Required Measures The following landscape water conservation measures are required to be included in the landscape management regulations adopted and enforced in this plan. 1, Lawn and Landscape Irrigation Restrictions a. A person commits an offense if the person irrigates, waters, or knowingly or recklessly causes or allows the irrigation or watering of any lawn or landscape located on any property owned, leased, or managed by the person between the hours of 10:00 a.m. and 6:00 p.m. from April 1 through October 31 of any year. b. A person commits an offense if the person knowingly or recklessly irrigates, waters, or causes or allows the irrigation or watering of lawn or landscape located on any property owned, leased, or managed by that person in such a manner that causes: i. over-watering lawn or landscape, such that a constant stream of water overflows from the lawn or landscape onto a street or other drainage area; or ii. irrigating lawn or landscape during any form of precipitation or freezing conditions. This restriction applies to all forms of irrigation, including automatic sprinkler systems; or iii. the irrigation of impervious surfaces or other non-irrigated areas, wind driven water drift taken into consideration. c. A person commits an offense if the person knowingly or recklessly allows the irrigation or watering of any lawn or landscape located on any property owned, leased, or managed by the person more than two times per week (Sunday through Saturday). 2. Rain and Freeze Sensors and/or ET or Smart Controllers a. Any new irrigation system installed on or after January 1, 20J..O. must be equipped with rain and freeze sensing devices and/or ET or Smart controllers in compliance with state design and installation regulations. b. A person commits an offense on property owned, leased or managed if the person: i. knowingly or recklessly installs or allows the installation of new irrigation systems in violation of Subsection B.2.a; or ii. knowingly or recklessly operates or allows the operation of an irrigation system that does not comply with Subsection B.2.a 3. Filling or Refilling of Ponds a. A person commits an offense if the person knowingly or recklessly fills or refills any natural or manmade pond located on any property owned, leased, or managed by the person by introducing any treated water to fill or refill the pond. This does not restrict the filling or maintenance of pond levels by the effect of natural water runoff or the introduction of well water into the pond. A pond is considered to be a still body of water with a surface area of 500 square feet or more. 4. Washing of Vehicles a. A person commits an offense if the person knowingly or recklessly washes a vehicle without using a water hose with a shut-off nozzle on any property owned, leased, or managed by the person. 5. Enforcement a. The MWSC Operators are authorized by the Board of Directors to investigate, implement, and enforce landscape water conservation measurements. b. Penalties First Violation by Member - Written warning and a copy of the landscape Conservation requirements will be issued, (as available on MWSC website as well as MWSC office) Second Violation by Member - A fee of $30.00 will be added to the members account. Third Violation by Member - A fee of $60.00 will be added to the members account. Fourth Violation by Member - Meter will be locked without notice until the case can be reviewed by the Office Manager and a Member of the Board of Directors. c. Enforcement Guidelines 1. Violation are based on each years conservation seasons, April 1st - October 31st of each year. 2. Violations by members who have signed an Application and Agreement with MWSC for water service. Landlords are responsible for enforcement by their renters. 3. Appeals of Violations may be made in person to the MWSC Board of Directors at the monthly meetings. Members wishing to appeal violations must contact MWSC at least one week prior to the meeting they wish to attend. To enable publications of the Agenda per Texas Open Meetings Act. MWSC meet the second Monday every Month at the MWSC water building located at 1400 S. Bridgefarmer Road Texas 75069. Recommended Measures 1. Lawn and Landscape Irrigation Restrictions a A person commits an offense if the person knowingly or recklessly operates a lawn or irrigation system or device on property that the person owns, leases, or manages that: i. has broken or missing sprinkler head(s); or ii. has not been properly maintained to prevent the waste of water. b. A person commits an offense if the person knowingly or recklessly overseeds a lawn with rye or winter grass on property that the person owns, leases, or manages. Golf courses and public athletic fields, and non-irrigated pasture and feeding pens are exempt from this restriction, c. All new athletic fields must have separate irrigation systems that are capable of irrigating the playing fields separately from other open spaces. 2. Rain and Freeze Sensors Existing irrigation systems must be retrofitted with similar rain and freeze sensors capable of multiprogramming within 5 years, or by 2015. D. Variances 1. In special cases, variances may be granted to persons demonstrating extreme hardship or need. Variances may be granted under the following circumstances: a the applicant must sign a compliance agreement agreeing to irrigate or water the lawn and/or landscape only in the amount and manner permitted by the variance; and b. the variance must not cause an immediate significant reduction to. the water supply; and c. the extreme hardship or need requiring the variance must relate to the health, safety, or welfare of the person making the request; and d the health, safety, and welfare of the public and the person making the request must not be adversely affected by the requested e. the MWSC Board of Directors is the forum for requesting and approving variances. 2. A variance will be revoked upon a finding that: a the applicant can no longer demonstrate extreme hardship or need; b. the terms of the compliance agreement are violated; or c. the health, safety, or welfare of the public or other persons requires revocation. |
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