HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/03/2014 - ITEMS RELATING TO WATER SUPPLY SHORTAGE RESPONSE PAgenda Item 15
Item # 15 Page 1
AGENDA ITEM SUMMARY June 3, 2014
City Council
STAFF
Laurie D'Audney, Water Conservation Specialist
Donnie Dustin, Water Resources Manager
Lisa Rosintoski, Utility Customer Connections Manager
SUBJECT
Items relating to Water Supply Shortage Response Plan and City Code Updates.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 088, 2014, Adopting a Water Supply Shortage Response Plan.
B. First Reading of Ordinance No. 089, 2014, Amending Chapter 26, Article II, Division 6 of the City Code to
Clarify Sections Relating to Water Conservation.
The purpose of these items is to update the City’s Water Supply Shortage Response Plan that contains water
restrictions to be put in place when a water shortage is anticipated, and to make City Code changes regarding
the waste of water and water restrictions. Revisions to the Water Supply Shortage Response Plan are in
response to employee and citizen feedback received during the 2013 water restrictions and more recent
community outreach. Highlights include adding definitions and associated restrictions for food production,
splash parks, outdoor swimming pools and essential power-washing.
The City Code changes provide a clearer definition of the “waste of water,” extending beyond irrigation use to
service line and indoor leaks. In addition, hoses will require a hand-activated hose nozzle for spraying
impervious surfaces. This section will reference the Water Supply Shortage Response Plan and how
restrictions are put in place and lifted. Two sections are out of date and are proposed to be deleted.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND / DISCUSSION
In November 2012, City Council adopted the Water Supply and Demand Management Policy (Policy), which
provides a foundational framework for water supply and demand management decisions concerning the City’s
water supply system. Per the Policy, the City plans to have water supplies that can meet demands through a 1-
in-50 year drought without mandatory restrictions. For more extreme droughts or during emergencies, the
Policy requires maintaining a plan to respond to these situations. The plan is known as the Water Supply
Shortage Response Plan (Plan). In addition to the Plan, the Policy also requires maintaining a Water
Conservation Plan to reach long-term water savings goals through education, rebates, sprinkler audits, facility
assessments and regulations.
Historically, Fort Collins has rarely needed to enact water restrictions; only in 1977 (July 13-Aug. 24), 2002-
2003 (July 22, 2002-Sept. 2, 2003), and 2013 (April 1-June1). The City’s current Plan, Ordinance No. 048,
2003 as modified by Ordinance No. 047, 2013 (Attachment 1), outlines a series of measures to be enacted,
including water restrictions, for four levels of water shortage. Response Level 1 was in effect during April and
Agenda Item 15
Item # 15 Page 2
May 2013. As water restrictions were implemented, staff recognized the Plan, and associated Municipal Code
(Code) provisions, needed to be updated to resolve administrative issues and align with current water uses.
Utilities staff met with City Council at a Work Session on January 28, 2014 (Attachment 2) to solicit feedback
on the implementation of the 2013 water restrictions and recommended changes to the Plan and Code.
Highlights of Proposed Revisions to the Water Supply Shortage Response Plan:
Food production/vegetable gardens and trees are defined separately from flowers and shrubs since
vegetable gardens contribute to a household’s food supply and trees are difficult to replace. The current
plan lumps them all together and allows them to be watered at any level. The proposed Plan recommends
that food production and trees may be watered at all levels and flowers and shrubs be allowed in
Response Levels 1, 2 and 3. Citizen feedback (see Public Outreach below) strongly agreed with this
recommendation.
Splash parks are defined as interactive structures that are intended for public use and play. Splash parks
aren’t mentioned in the current plan. There are two splash parks in our water service area; Oak Street
Plaza uses 246,000 gallons annually to operate for 4 months and Spring Canyon uses 372,000 gallons for
3 months of operation. Both splash parks recycle water.
The proposed Plan recommends that splash parks be allowed unrestricted use in Response Levels 1 and
2, and not be allowed in Levels 3 and 4. The Water Board (see Attachment 3) did pass a motion to allow
splash parks at all levels, but the vote was divided. Also, citizen feedback was split on which Response
Levels splash parks should be allowed to operate. Those in favor of unrestricted use cite that they don’t
use much water and are available for low income and others to enjoy on hot days. Those opposed to
unrestricted use say it’s not the water use, but the perception of a non-essential use when there’s an
extreme water shortage.
Outdoor swimming pools were not addressed in the current plan. The proposal is to allow the use of
pools unrestricted, except at Response Level 4 where pools that are empty may not be filled. Citizen
feedback indicated that most agreed with this recommendation; those opposed thought it was too lenient
and that private pools should be more restricted than public pools.
According to building permit records there are about 100 private pools in Fort Collins, although some of
those may be indoor pools or in other water districts. The only public pool is City Park Pool. It uses about a
million gallons annually; the private pools are smaller and use much less water per pool.
Powerwashing is a type of spraying of impervious surfaces. There are some situations when it is done for
convenience and others when it is necessary. The current plan doesn’t mention powerwashing, but
“spraying impervious surface” was only allowed for “health and safety reasons.” During the 2013
restrictions there was some confusion about which situations were appropriate for powerwashing. The
proposed Plan defines “essential powerwashing” as cleaning with high pressure, low volume water that is
necessary for health and safety reasons, graffiti abatement, surface preparation for painting or cleaning of
heating, ventilation and air conditioning equipment.
An earlier draft of the proposed Plan allowed essential powerwashing only by permit. With feedback from
Water Board and citizens that permitting for small tasks would be onerous for the person wanting to
powerwash and for City staff to administer, that requirement was eliminated. Extensive education to
powerwashers and the public would take the place of permits and enforcement would be an option for
uses that are not allowed.
A powerwasher uses about 5 to 8 gallons per minute and in average situations can wash 10 square feet in
5 minutes.
Agenda Item 15
Item # 15 Page 3
Watering dirt for dust control at City Park ball fields and construction sites would be unrestricted for
Response Levels 1, 2 and 3, and not allowed for Level 4 in the proposed Plan. The current plan doesn’t
address this water use.
Increases in water rates are the same as the current Plan, varying according to the Response Level,
starting with Level 2. Similar increases are proposed for the excess water use surcharge, which penalizes
customers who go over their annual allotment. The proposed Plan clarifies that the rate increases will go
into effect as the levels are raised, will decrease with less severe levels and will be eliminated at Level 1 or
when the restrictions are lifted. In the current plan, City Council must approve the rate increases and that
makes it difficult to change levels in a timely manner.
The rate increases associated with the restrictions are meant to ensure adequate revenue is collected to
meet the fixed costs associated with providing customers with water service. Most of the costs associated
with water are fixed regardless of how much water flows through the system. The revenue needed to cover
these fixed costs is collected through the variable monthly water use charge to minimize the monthly fixed
charge and encourage water conservation. With water restrictions and the associated decrease in water
use, the revenues collected through the variable use charge will decrease unless the per gallon variable
rate is increased sufficiently.
Proposed Revisions to Municipal Code, Chapter 26, Article II, Division 6, Water Conservation:
Sec. 26-166: Waste of water prohibited. Extends the definition of “waste of water” beyond irrigation to
include service line and indoor leaks. An earlier draft of the Plan, only allowed seven days for repairs from
notification of a problem. Water Board and citizen feedback was clear that seven days might be enough to
repair a broken sprinkler head, but was not long enough to fix major leaks. The proposed language now
eliminates the set timeframe, but says a written order may be sent to the customer which includes a
timeframe that reflects the extent of the repairs needed. Also, a hand-activated hose nozzle would be
required for spraying impervious surfaces, such as driveways, sidewalks or patios.
Sec. 26-167 (old): Sprinkling restrictions. This section is proposed to be deleted. The first paragraph will
be covered in the revised Sec. 26-166 and the second paragraph in the new Sec. 26-167.
Sec. 26-167 (new): Water supply shortage response; emergency restrictions. This section now refers
to the Water Supply Shortage Response Plan, clarifies the notification process for implementing
restrictions and the process for lifting them.
Sec. 26-168: Obligation to comply; penalties. This is an entirely new section to decriminalize violations
from a misdemeanor to a civil infraction and applies to the Plan and all provisions of Division 6. Also, it
clarifies that when the Water Supply Shortage Response Plan is activated, it takes precedence over any
HOA covenants.
Sec. 26-169: Conversion to raw water irrigation. This section is proposed to be deleted. This is a rebate
offered to customers who convert from treated water to a raw water supply for irrigating large areas. When
it was adopted in 1990, the water treatment facility was nearing capacity and the goal was to decrease
peak day use. The amount of the rebate is based on the value of the capacity made available by the
conversion. Today the facility has excess capacity. Only four rebates have been given, three in the early
1990s and one in 2008.
Enforcement
Historically, Fort Collins Utilities has taken an educational approach to enforcement of the wasting water code
and water restrictions. This approach will be continued to engage and maintain the willing cooperation of our
customers. The goal of enforcement is not to issue citations, but to encourage customers to comply. Staff does
not patrol for violations, but all complaints received are investigated. A majority of these complaints are
resolved with the first contact. In a typical year, about 25 wasting water complaints are received.
Agenda Item 15
Item # 15 Page 4
BOARD / COMMISSION RECOMMENDATION
At its March 20, 2014 meeting, the Water Board passed three motions (Attachment 3).
Passed (5-4 vote) a motion that the Water Board recommends that City Council adopt the proposed revisions
to the Water Supply Shortage Response Plan, modified to remove the permit requirement for essential
powerwashing and allow unrestricted splash park use at all levels.
Unanimously passed a motion that the Water Board recommends to City Council to direct City staff to consider
placing educational signage at splash parks under any level of water restrictions to provide information
regarding water consumption of splash parks.
Unanimously passed a motion that the Water Board recommends the proposed revisions to Municipal Code,
Chapter 26, Article II, Division 6, modified to make the “failure to repair” violation allow a more practical
timeframe for correction of problems, be adopted by Council.
PUBLIC OUTREACH
Citizen feedback was gathered through an online survey and at a Community Issues Forum (Attachment 4).
ATTACHMENTS
1. Ordinance No. 047, 2013 (PDF)
2. Council Work Session Summary, January 28, 2014 (PDF)
3. Water Board Minutes, March 20, 2014 (PDF)
4. Public Outreach Results (PDF)
Ordinance No. 048, 2003, modified per Ordinance No. 047, 2013 (effective April 5, 2013)
ORDINANCE NO. 048, 2003
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUPERCEDING EMERGENCY ORDINANCE NO. 112, 2002,
TO PRESCRIBE TEMPORARY RESTRICTIONS ON AND
REQUIREMENTS FOR THE USE OF CITY TREATED WATER
PURSUANT TO A WATER SUPPLY SHORTAGE RESPONSE PLAN
TO BE EFFECTIVE APRIL 11, 2003
WHEREAS, on July 16, 2002, the City Council adopted Emergency Ordinance No. 112,
2002, which prescribed certain restrictions on the use of City-treated water for lawn watering, in
view of the current conditions and projections for future municipal water supplies in Fort Collins;
and
WHEREAS, on September 3, 2002, the Council adopted on second reading Ordinance No.
118, 2002, amending Emergency Ordinance No. 112 to increase the time allowable for watering of
new sod and seeded areas, and to make other clarifying changes; and
WHEREAS, on September 17, 2002, the continued drought conditions in the region had
resulted in increased concerns regarding future municipal water supplies for Fort Collins and, as a
result, the Council adopted on second reading Ordinance No. 135, 2002, which limited lawn
watering with City-treated water to one day per week, as of September 27, 2002; and
WHEREAS, Ordinance No. 112, 2002, as amended by Ordinance No. 118 and Ordinance
No. 135, continues in effect as of the time of this Ordinance; and
WHEREAS, in light of the continued threat of drought conditions in Fort Collins, and the
evolving condition of the City’s municipal water supply and the information related thereto, the
City Council desires to establish a system by which water use restrictions shall be determined
administratively; and
WHEREAS, the City Manager has recommended that the City Council adopt a four-tier
Water Supply Shortage Response Plan, attached hereto as Exhibit “A” and incorporated herein by
this reference (the “Response Plan”), which upon adoption by the Council will provide a system of
water supply shortage response levels and corresponding water restrictions and conservation
measures to be implemented administratively based on the projected water supply shortage; and
WHEREAS, the City Council has determined that the adoption of the Response Plan will
enable the City Manager to respond appropriately to changing water supply conditions based on the
Council’s directions set forth therein.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Attachment 1
Ordinance No. 048, 2003, modified per Ordinance No. 047, 2013 (effective April 5, 2013)
Section 1. As of April 11, 2003, Ordinance No. 112, 2002, as amended, shall be
superceded by the terms of this Ordinance.
Section 2. The City Manager is hereby authorized to determine, based upon the most
current available estimated water supplies available to the City, water consumption data, and
climatological forecasts, the projected water supply shortage for Fort Collins. The City Manager is
further authorized and directed to declare, based on that determination, the appropriate Water
Supply Shortage Response Level, as set forth in the Response Plan attached hereto as Exhibit “A”.
Upon such determination and declaration, the City Manager shall cause to be published in the local
newspaper of record a notice of the restrictions and requirements corresponding to that Water
Supply Shortage Response Level, as set forth herein, and the effective date of said restrictions and
requirements, which shall be no more than fourteen (14) days and no fewer than ten (10) days after
the date of such declaration. The City Manager shall inform the City Council promptly of any such
determination and declaration.
Section 3. The following terms shall be defined as set forth herein for the purposes of
this Ordinance:
A. “Lawn watering” shall mean the use of treated or potable water obtained
from the City to irrigate or water any lawn, grass or turf areas, but shall not
include:
i. irrigation or watering of flowers, flower beds, trees, shrubs, or
vegetable gardens; or
ii. irrigation or watering of lawn, grass or turf areas with
privately owned well water or raw water, provided that the
user of any such well or raw water for irrigation or watering
within the service area of the city water utility has posted a
public notice of the same in the watering location in a manner
visible from the street.
B. “Dealership vehicle” shall mean any unregistered vehicle on display or
awaiting sale by a vehicle dealer or other person holding or selling vehicles in
the normal course of business.
C. “Designated landing area” shall mean that area of any golf course hole that is
determined by the Utilities General Manager, in consultation with such other
officials and experts as he or she deems appropriate, to constitute the portion
of said golf course hole in which golf balls hit by the average golfer on said
hole will land.
D. “Health and safety reasons” shall mean as reasonably necessary to remedy an
accidental or unavoidable unsanitary or dangerous condition that poses an
immediate health risk or danger to the public or to the occupants of a
particular property. The spraying of impervious surfaces for health and safety
Ordinance No. 048, 2003, modified per Ordinance No. 047, 2013 (effective April 5, 2013)
reasons shall only be permitted in the event that the unsanitary or dangerous
condition may only reasonably be remedied by the use of sprayed water.
E. “Landscape watering” shall mean the use of treated or potable water obtained
from the City to irrigate or water any flowers, flower beds, trees, shrubs,
vegetable gardens, or other landscaped plantings or plants, but shall exclude
lawn watering, as defined herein.
F. “Low-volume efficient irrigation” shall mean an irrigation system that
includes only bubblers, drip emitters, soaker hoses and subsurface irrigation
such as deep probe irrigation, as well as micro-spray irrigation.
G. “Medical hardship” shall mean an exceptional hardship imposed upon an
individual residential customer by the restrictions set forth in this Ordinance.
H. “Private” shall mean not public.
I. “Public” shall mean operated for use by the general public or publicly owned
and operated.
J. “Religious objection” shall mean an objection to the specific application of
the requirements of this Ordinance due to a conflicting religious belief that
precludes watering on an assigned day.
K. “Residential” shall mean a single-family or duplex residential property or
account.
L. “Spraying impervious surfaces” shall mean rinsing, washing or spraying with
a hose impervious interior or exterior surfaces, including but not limited to
surfaces such as garage floors, siding, windows, sidewalks, driveways, or
patios. The term spraying impervious surfaces shall not mean powerspraying
of painted surfaces to remove paint.
M. “Sprinkler system maintenance” shall mean the operation of an automatic
watering system to the extent reasonably necessary for repair or maintenance.
N. “Water feature” shall mean a water feature that either causes water to be
sprayed into the air, or is a waterfall or fountain. The term water feature shall
not mean a water feature of a pond or basin that performs a function essential
to the support of fish life in that pond or basin, or a water feature in a
swimming pool.
Section 4. When the City Manager has declared the City to be in a specified Water
Supply Shortage Response Level condition, it shall be unlawful, and a violation of the terms and
conditions upon which the City shall provide treated water to its customers, for any person to
Ordinance No. 048, 2003, modified per Ordinance No. 047, 2013 (effective April 5, 2013)
undertake or permit activities or use of City-treated water in a violation of the water restrictions and
requirements associated with that particular Response Level, as set forth in Exhibit “A”.
Section 5. Each person, including any natural person, entity, organization, partnership,
association or joint venture, with legal or actual control of any property, business or other
establishment, water account, or water system serving any of the same, shall have an affirmative
duty to cause said property, business or other establishment, water account, or water system to
operate and act in a manner consistent with the restrictions and requirements of this Ordinance.
Section 6. In the event that the Utilities General Manager determines that a permit
application meets the applicable eligibility requirements, then he or she shall issue a permit for lawn
watering containing such terms and conditions as he or she determines, in his or her reasonable
discretion, will allow the minimum watering necessary to carry out the intent of the permit. The
Utilities General Manager may, in determining said permit terms and conditions, consider the
impacts of the permitted lawn watering on the City's water supply or water system operations. Any
determination of the Utilities General Manager hereunder shall be issued within five (5) business
days of the submission of a complete application, shall be provided in writing to the applicant, and
shall include an explanation of the basis for any determination of denial.
Section 7. A written determination by the Utilities General Manager under Section 6
may be appealed to City Manager, provided that notice of any such appeal shall be filed in writing
within five (5) days of issuance of the same and shall include an explanation of the basis for the
appeal. The City Manager may conduct such investigations as he or she determines appropriate or
necessary to determine whether the decision appealed was arbitrary or capricious or otherwise
inconsistent with the terms of this Ordinance, and shall issue a written explanation of his or her
decision on any appeal within ten (10) days of the submission of a sufficient notice of appeal.
Section 8. Use of City treated water in violation of this Ordinance or in violation of a
permit issued hereunder shall constitute a violation of City Code Section 26-51, which authorizes
the discontinuation of water service in the event of use of water for purposes not authorized.
Section 9. Violation of the terms of this Ordinance in the city or violation of the terms
of a permit issued hereunder shall be deemed to constitute a violation of the City Code pursuant to
City Code Section 1-15(a), and shall be punishable as set forth therein, except that notwithstanding
the provisions of Section 1-15(a), fines for violations of this Ordinance shall be as follows:
A. Residential Violations
i. Violation of any provision of this Ordinance or permit issued
hereunder on or for a residential property or use shall be punishable
by a minimum fine of fifty dollars ($50) per violation up to a
maximum fine of one thousand dollars ($1,000) per violation, if the
violation occurs during a Response Level 1 or Response Level 2
condition.
Ordinance No. 048, 2003, modified per Ordinance No. 047, 2013 (effective April 5, 2013)
ii. Violation of any provision of this Ordinance or permit issued
hereunder on or for a residential property or use shall be punishable
by a minimum fine of one hundred dollars ($100) per violation up to a
maximum fine of one thousand dollars ($1,000) per violation, if the
violation occurs during a Response Level 3 or Response Level 4
condition.
B. Non-Residential Violations
i. Violation of any provision of this Ordinance or permit issued
hereunder on or for any property or use other than a residential
property or use shall be punishable by a minimum fine of two
hundred and fifty dollars ($250) per violation up to a maximum fine
of one thousand dollars ($1,000) per violation, if the violation occurs
during a Response Level 1 or Response Level 2 condition.
ii. Violation of any provision of this Ordinance or permit issued
hereunder on or for any property or use other than a residential
property or use shall be punishable by a minimum fine of five
hundred dollars ($500) per violation up to a maximum fine of one
thousand dollars ($1,000) per violation, if the violation occurs during
a Response Level 3 or Response Level 4 condition.
C. Each day during which a violation of any provision of this Ordinance or
permit issued hereunder occurs or continues shall constitute a separate
misdemeanor offense under this Ordinance.
Section 10. The City Manager is hereby directed to present to the Council for
consideration a revised water rate structure to reflect revised consumption and revenue projections
as soon as reasonably practicable after a change in the Water Supply Shortage Response Level.
Section 11. The City Manager shall conduct the business of the City in a manner
consistent with applicable provisions of the Water Supply Shortage Response Plan.
Section 12. This Ordinance shall remain in effect until such time as the City Council
determines that municipal water supply conditions no longer justify the continued implementation
of the Water Supply Shortage Response Plan.
Introduced, considered favorably on first reading, and ordered published this 25th day of
March, A.D. 2003, and to be presented for final passage on the 1st day of April, A.D. 2003.
Ordinance No. 048, 2003, modified per Ordinance No. 047, 2013 (effective April 5, 2013)
ATTEST:
Passed and adopted on final reading this 1 day of April, A.D. 2003.
ATTEST:
Ordinance No. 048, 2003, modified per Ordinance No. 047, 2013 (effective April 5, 2013)
Water Supply Shortage Response Plan
Response
Level 1
Response
Level 2
Response
Level 3
Response
Level 4
Water Supply
Projected water supply
shortage as determined by
the City Manager
1-10% 11-20% 21-30% Greater than 30%
Regulated Water Use
Activities
1. Lawn & turf watering
a. Non-watering hours
No lawn watering between
10 a.m. to 6 p.m.
No lawn watering between
10 a.m. to 6 p.m.
No lawn watering between
10 a.m. to 6 p.m.
No lawn watering between
10 a.m. to 6 p.m.
b. Number of watering
days per week
(Note: even and odd refers
to the street address)
Residential (even) - Th & Sun
Residential (odd) - Wed & Sat
Multi-family & Commercial - Tue
& Fri
No watering on Monday.
Residential (even) - Sun
Residential (odd) - Sat
Multi-family & Commercial - Fri
No watering Monday thru
Thursday.
Residential (even) - Sun
Residential (odd) - Sat
Multi-family & Commercial - Fri
No watering Monday thru
Thursday.
No watering from 6/1 thru 8/31.
Use Level 3 restrictions from 9/1
thru 5/31.
c. Time limit per day
Unrestricted during watering
hours
Unrestricted during watering
hours
2 hours during designated
watering day
No watering from 6/1 thru 8/31.
Use Level 3 restrictions from 9/1
thru 5/31.
d. Sprinkler system
Ordinance No. 048, 2003, modified per Ordinance No. 047, 2013 (effective April 5, 2013)
Response
Level 1
Response
Level 2
Response
Level 3
Response
Level 4
c. Religious objection
Permit required to accommodate
a different two-day schedule. No
watering on Monday and between
the hours of 10 a.m. and 6 p.m.
Permit required to accommodate
a different watering day. No
watering Monday thru Thursday
and between the hours of 10 a.m.
and 6 p.m.
Permit required to accommodate
a different watering day. No
watering Monday thru Thursday
and between the hours of 10 a.m.
and 6 p.m. Must comply with 2
hr/week restriction.
No exceptions
d. 4 acres or more
Permit required for a special
watering schedule to
accommodate areas of 4 acres or
more. Max of 1.00" per week.
No watering on Monday and
between the hours of 10 a.m. and
6 p.m.
Permit required for a special
watering schedule to
accommodate areas of 4 acres or
more. Max of 0.75" per week.
No watering on Monday and
between the hours of 10 a.m. and
6 p.m.
No exceptions No exceptions
e. City parks & public
athletic/playing fields
using treated water
Permit required for a special
watering schedule. Max of 1.25"
per week. No watering on
Monday and between the hours
of 10 a.m. and 6 p.m.
Permit required for a special
watering schedule. Max of 1.00"
per week. No watering on
Monday and between the hours
of 10 a.m. and 6 p.m.
Permit required for a special
watering schedule for only select
fields. Max of 0.75" per week.
No watering on Monday and
between the hours of 10 a.m. and
Ordinance No. 048, 2003, modified per Ordinance No. 047, 2013 (effective April 5, 2013)
Response
Level 1
Response
Level 2
Response
Level 3
Response
Level 4
7. Spraying impervious
surfaces (siding,
garages, sidewalks,
driveways, patios)
except as necessary for
health and safety
reasons
Not allowed Not allowed Not allowed Not allowed
8. Hydrant flushing &
testing
Unrestricted
Limited to critical situations as
approved by the Utilities General
Manager.
Limited to critical situations as
approved by the Utilities General
Manager.
Limited to critical situations as
approved by the Utilities General
Manager.
9. Water features Unrestricted Unrestricted No use allowed No use allowed
Enforcement
1. Residential fines per
violation
$50 to $1,000 $50 to $1,000 $100 to $1,000 $100 to $1,000
2. Business fines per
violation
$250 to $1,000 $250 to $1,000 $500 to $1,000 $500 to $1,000
Water Rate Adjustments
Adjust water rates to
encourage additional
conservation
No adjustment
Recommend adjustment that
reflects a 15% reduction in water
demand.
Recommend adjustment that
reflects a 25% reduction in water
demand.
Recommend adjustment that
reflects a 35% reduction in water
demand.
Adjust Excess Water Use
Surcharge
Adjustment Adjustment Adjustment Adjustment
Utilities
electric · stormwater · wastewater · water
700 Wood Street
PO Box 580
Fort Collins, CO 80522
970.221.6700
970.221.6619 – fax
970.224.6003 – TDD
utilities@fcgov.com
fcgov.com/utilities
M E M O R A N D U M
DATE: February 4, 2014
TO: Mayor and City Councilmembers
THRU: Darin Atteberry, City Manager
Brian Janonis, P.E., Utilities Executive Director
FROM: Laurie D’Audney, Water Conservation Manager
Lisa Rosintoski, Customer Connections Manager
Donnie Dustin, P.E., Water Resources Manager
RE: January 28, 2014 Work Session – Water Shortage Management Action Plan
The activities and results of the 2013 Water Shortage Management Action Plan and proposed
changes to the Water Supply Shortage Response Plan and associated Municipal Code provisions
were presented to City Council by Laurie D’Audney, Water Conservation Manager. Lisa
Rosintoski, Customer Connections Manager, Donnie Dustin, Water Resources Manager and Bill
Whirty, Manager of Parks were present to address related questions. The Mayor and all
Councilmembers were present.
Utilities staff sought feedback on the implementation and results of the 2013 water restrictions
and the recommended changes to the Water Supply Shortage Response Plan and associated
Municipal Code provisions.
Council feedback was positive regarding how the restrictions were implemented and the
resulting water savings. Regarding the Water Supply Shortage Response Plan and code
provisions, feedback included:
• Consider revising the restrictions for watering of trees, flowers, shrubs and food
production in the changes.
• Swimming pools and splash parks are important to citizens and community input is
needed.
• Review terminology in the plan and code revisions (e.g. “prohibition of waste”) to
minimize punitive approach.
Other comments were shared regarding overall water conservation efforts, including seeking
innovative measures (such as graywater and rainwater capture) and planning for climate change.
These will be useful when we begin updating the City’s water conservation plan.
Staff will work to address the comments and feedback it received and will incorporate this
information into the two ordinances coming before Council for first reading on April 15, 2014.
Attachment 2
1
Excerpt from Approved Water Board Minutes, March 20, 2014
Attachment 3
Water Supply Shortage Response Plan and Municipal Code Changes
(Attachments available upon request).
Water Conservation Manager Laurie D’Audney introduced the item and introduced Customer
Connections Manager Lisa Rosintoski. Interim Utilities Executive Director Kevin Gertig and
Deputy City Attorney Carrie Daggett also participated in the discussion.
Water Supply Planning
Water Supply and Demand Management Policy was adopted by City Council in November 2012.
This document refers to the Water Conservation Plan for measures to reach long-term water use
goals and the Water Supply Shortage Response Plan for restrictions to meet a short-term water
shortage.
Policies to Update
• Water Supply Shortage Response Plan (adopted by City Council in 2003)
• Municipal Code, Section 26, Division 6, Water Conservation
This item was presented at a City Council Work Session on January 28, 2014 and two ordinances
are scheduled for City Council First Reading on April 15, 2014.
Recommended Updates to Water Supply Shortage Response Plan
• Rate increases (Revised to simplify the process for adjusting rates)
• Definitions for food production, trees, flowers, and shrubs
• Splash parks (Unrestricted in Levels 1 and 2, no use allowed in Levels 3 and 4) and
swimming pools (new to the ordinance)
• Essential powerwashing by permit (for health and safety reasons, removing graffiti, etc.)
• Golf courses (there was previously a separate permit for this)
• Watering for dust control and safety (new to the ordinance)
• Tweaks to response levels
Recommended Updates to Municipal Code
• Waste of water prohibited
o Clarify definition of waste of water
o Extend beyond irrigation waste to indoor leaks
o Allow 7 days for repairs
o Require a hand-activated hose nozzle
• Water Supply Shortage Response and Emergency Restrictions
o Clarify notification process for implementing restrictions
o Clarify how the restrictions are lifted
• New section on obligation to comply and penalties
o Decriminalize violations
o Water Supply Shortage Response Plan takes precedence over Homeowner
Association (HOA) covenants
Community Input
• Online survey to 2,000 participants
• An Issues Forum is scheduled for Wednesday, March 26, 2014. This will include a
presentation of the proposed changes to the plan and code, and a presentation on the
“Nature in the City” program.
1
Excerpt from Approved Water Board Minutes, March 20, 2014
Attachment 3
Ms. D’Audney shared results of the Water Restrictions Survey. There were 660 responses.
Water Supply Shortage Response Plan:
• 20 percent of the participants were not aware of the water restrictions.
• 70 percent of the participants agreed with the lawn watering restrictions.
• 90 percent of the participants agreed with allowing watering of trees and vegetable
gardens during all levels of restrictions.
• 70 percent of the participants agreed with allowing powerwashing by permit only;
however, several participants stated permitting should be eliminated.
• 63 percent of the participants agreed with allowing splash parks during Levels 1 and 2,
but not in Levels 3 and 4.
Municipal Code Changes:
• 82 percent of the participants agreed with requiring hoses to have hand-activated nozzles
(not leaving hoses open-ended).
• 70 percent of the participants agreed with requiring that leaks in indoor plumbing,
outdoor sprinkler systems, or water service lines be repaired within seven days. There
were several comments suggesting more time to repair leaks.
Highlights from the discussion:
• A board member inquired about the process of detecting indoor leaks. Mr. Gertig stated
the Automated Metering Infrastructure (AMI) system will have the capability to detect
leaks. Ms. Rosintoski also stated staff will look at the use collectively rather than singling
out individuals.
• The board members and staff reviewed the Water Supply Shortage Response Plan and the
code and discussed changes to both documents:
o Clarification regarding trees in the “Definitions” section (Landscape watering)
o Should the City’s website be listed in the “Initiation and Implementation” section
regarding publishing restrictions? Ms. Daggett stated this is as a matter of practice
posted on the City’s website, but that the newspaper is named as a minimum
means of the posting.
o Clarification regarding “Medical Hardships” as listed in the Water Supply
Shortage Response Plan Elements table.
o Clarification regarding “Turf areas of 4 acres or more” permit in the table. Is this
for public or private areas? Ms. D’Audney stated this is mainly for private use.
City and school district parks and playing fields have their own permit.
o Clarification regarding “Landscape watering” in the table. Should the wording be
changed to provide more detail as in Levels 1 and 2?
o Should the word “temporary” be included in the “Water Rate Adjustments”
section? Should wording be included that rates will be adjusted after the
restrictions are lifted? The board members and staff discussed the messaging
regarding the purpose of the rate increases. A board member feels there should be
wording to say the rate increases would be eliminated if the restrictions were
reduced to Level 1 or lifted.
o A board member feels there should be an adjustment to the requirement that
repairs should be made within seven days. A board member suggested adding
language regarding taking action within seven days, not necessarily that the repair
would be made within seven days. A board member suggested different categories
2
Excerpt from Approved Water Board Minutes, March 20, 2014
Attachment 3
for repairs. For example, repairing sprinkler heads should happen more quickly
than other types of repairs.
• The board members and staff discussed the process of notifying homeowners regarding
violations.
• The board members and staff discussed the code language regarding powerwashing
permits.
• The board members and staff discussed changing the restrictions regarding splash parks.
A board member stated there may be a public perception regarding the operation of
splash parks during restrictions. Members of the public may feel the splash parks should
not be operated during restrictions, even though the water is recycled.
• A board member suggested the City should consider utilizing educational signage near
the splash parks when there are watering restrictions in effect.
• The board members and staff discussed how the restriction levels are put into effect.
Discussion on the motion: There was no discussion on the motion.
Vote on the motion: It passed unanimously.
Board Member Huber-Stearns proposed an amendment to the motion.
Board Member McKinley proposed an amendment to the Huber-Stearns motion.
Discussion on the motion: There was no discussion on the motion.
Vote on Board Member McKinley’s amended motion: 4 for, 4 against, 1 abstention (Motion
failed.)
Vote on Board Member Huber-Stearns’ amended motion: 4 for, 5 against (Motion failed.)
Vote on Board Member Eccleston’s motion: 5 for, 4 against (Motion passed.)
Board Member Huber-Stearns moved that the Water Board recommend the proposed
revisions to Municipal Code, Chapter 26, Article II, Division 6, modified to make the
“failure to repair” violation allow a more practical timeframe for correction of
problems, be adopted by Council. Board Member Ortman seconded the motion.
Board Member Eccleston moved that the Water Board recommend that City Council
adopt the proposed revisions to the Water Supply Shortage Response Plan, modified to
remove the permit requirement for essential powerwashing and allow unrestricted
splash park use at all levels. Board Member Ortman seconded the motion.
Motion to Amend: Board Member Huber-Stearns moved to amend the motion to eliminate
the clause regarding unrestricted splash park use. Vice Chairperson Hill seconded the
motion.
Motion to Amend Huber-Stearns Motion: Board Member McKinley moved to amend the
motion to allow unrestricted splash park use at Levels 1-3. Board Member Brunswig
seconded the motion.
3
Excerpt from Approved Water Board Minutes, March 20, 2014
Attachment 3
Reason for the nay votes:
Board Member Huber-Stearns feels there should be some level of restrictions regarding the
splash parks. She is concerned about the perception of operating the splash parks during all
levels of restrictions. Vice Chairperson Hill and Board Members McKinley and Hans concur
with Board Member Huber-Stearns.
Discussion on the motion: There was no discussion on the motion.
Vote on the motion: It passed unanimously.
Board Member Eccleston moved that the Water Board recommend that City Council direct
City staff to consider placing educational signage at splash parks under any level of water
restrictions to provide information regarding water consumption of splash parks. Board
Member Brown seconded the motion.
4
Attachment 4
Water Supply Shortage Response Plan and Code Revisions
Public Outreach Results
Online Survey
Utilities sent out an online survey to 2,300 City customers who have volunteered to be on an
ongoing, non-scientific survey panel to respond to various Utilities’ issues. The Water
Restrictions Plan Update Survey requested feedback regarding the proposed Plan and Code
changes. The survey, active from March 14-24, received 660 respondents.
Do you agree with the proposal to limit lawn watering to 2 days per week in Level 1; 1 day a
week in Level 2; 1 day per week with a 2 hour maximum for Level 3; and not watering allowed
for Level 4?
• Strongly Agree 26.5%
• Agree 43.4%
• Neutral 15.0%
• Disagree 11.2%
• Strongly Disagree 4.0%
Comments: Proposal for lawn watering is too restrictive (10 comments); proposal is not
restrictive enough (1 comment).
Do you agree with the proposal to allow watering of flowers and shrubs during Levels 1-3 and
not allow it during Level 4?
• Strongly Agree 21.5%
• Agree 49.5%
• Neutral 13.0%
• Disagree 13.0%
• Strongly Disagree 3.1%
Comments: Watering of flowers and shrubs should be allowed at all levels (3 comments);
Shrubs should be included with trees because they are a woody plant (3 comments).
Do you agree with the proposal to allow watering of trees and food production/vegetable
gardens during all levels?
• Strongly Agree 51.2%
• Agree 38.8%
• Neutral 6.2%
• Disagree 2.9%
• Strongly Disagree .9%
Comments: Watering of trees and vegetable gardens should be allowed at all levels (3
comments).
1
Attachment 4
Do you agree with the proposal to allow powerwashing (high-pressure spray cleaning) by
permit only for health and safety, graffiti abatement, preparation of painting or constructions
surfaces or cleaning of air conditioning equipment?
• Strongly Agree 24.6%
• Agree 44.6%
• Neutral 12.6%
• Disagree 10.9%
• Strongly Disagree 7.3%
Comments: Powerwashing should be more restricted (4 comments); powerwashing should
be less restricted (1 comments); eliminate requiring a permit (6 comments).
Do you agree with the proposal to allow splash parks to be used in Levels 1 and 2, but not in
Levels 3 and 4?
• Strongly Agree 15.1%
• Agree 47.9%
• Neutral 14.7%
• Disagree 17.1%
• Strongly Disagree 5.2
Comments: Splash parks should be less restricted (11 comments); splash parks should be
more restricted (8 comments). Pros: Splash parks recycle the water they use; good to have
available for low income who can’t afford to go to a pool on hot days. Con: the perception of
this type of use when other water uses are drastically curtailed.
Do you agree with the proposal to restrict the filling of any outdoor swimming pool in Level 4.
If previously filled, the pool would be able to be used at any level.
• Strongly Agree 17.3%
• Agree 46.9%
• Neutral 18.2%
• Disagree 13.8%
• Strongly Disagree 3.8%
Comments: Pools should be more restricted (13 comments); private pools should be more
restricted than public pools (11 comments).
Do you agree with the proposal to require a hand-activated nozzle when washing structures,
driveways and/or vehicles?
• Strongly Agree 47.5%
• Agree 34.3%
• Neutral 6.1%
• Disagree 6.8%
• Strongly Disagree 5.2%
No comments.
2
Attachment 4
Do you agree with the proposal to require leaks in indoor plumbing, outdoor sprinkler systems
and water service lines to be repaired within 7 days of becoming aware or being notified?
• Strongly Agree 30.0%
• Agree 39.8%
• Neutral 11.6%
• Disagree 11.6%
• Strongly Disagree 7.1%
Comments: Seven days to repair a leak isn’t enough time, depending on the nature of the
leak (21 comments).
Community Issues Forum
Utilities participated in the City’s second Community Issues Forum on March 26. Forty-two
citizens attended. CSU’s Center for Public Deliberation distributed clickers for instant feedback.
Those results are shown below.
Maintain current lawn watering limits (Level 1=2 days per week; Level 2=1 day per week; Level
3=1 day per week, 2 hr. maximum; Level 4=not allowed)
• I agree 73.2%
• I disagree, would be too lenient 14.6%
• I disagree, would be too strict 7.3%
• Don’t know 4.9%
Separate trees from flowers and shrubs, and allow tree watering at all levels.
• I agree 90%
• I disagree, would be too lenient 5%
• I disagree, would be too strict 5%
• Don’t know 0%
Allow watering of food production/vegetable gardens at all levels.
• I agree 95.2%
• I disagree, would be too lenient 4.8%
• I disagree, would be too strict 0%
• Don’t know 0%
Splash parks allowed at Level 1 and 2, but not at 3 and 4.
• I agree 59.5%
• I disagree, would be too lenient 21.6%
• I disagree, would be too strict 13.5%
• Don’t know 5.4%
Allow pools to be used at all levels, but not allowed to be filled at Level 4.
• I agree 52.6%
• I disagree, would be too lenient 44.7%
• I disagree, would be too strict 0%
• Don’t know 2.6%
3
Attachment 4
Allow essential powerwashing at all levels.
• I agree 75.0%
• I disagree, would be too lenient 22.5%
• I disagree, would be too strict 2.5%
• Don’t know 0%
Nozzle requirement for washing with hoses.
• I agree 86.8%
• I disagree, would be too lenient 2.6%
• I disagree, would be too strict 2.6%
• Don’t know 7.9%
Require repair to known leaks to indoor fixtures, outdoor sprinklers and service lines.
• I agree 94.7%
• I disagree, would be too lenient 0%
• I disagree, would be too strict 0%
• Don’t know 5.3%
4
- 1 -
ORDINANCE NO. 088, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING AN UPDATED WATER SUPPLY SHORTAGE RESPONSE PLAN
WHEREAS, the City Council has previously adopted Ordinance No. 048, 2003, which
prescribed a four-tier Water Supply Shortage Response Plan and contained restrictions and
requirements for conservation of water by persons served by the City’s Water Utility, commonly
referred to as water restrictions, which ordinance was then updated by the adoption of Ordinance
047, 2013; and
WHEREAS, in light of the continued threat of water shortage conditions in Fort Collins
in the future, and the evolving condition of the City’s municipal water supply and the
information related thereto, and based on the City’s experience with implementation of the
current Plan in 2013, an updated Water Supply Shortage Response Plan has been developed, a
copy of which is attached hereto as Exhibit “A” and incorporated herein by reference (the
“Plan”); and
WHEREAS, elements of the Plan were presented to, and discussed with, the City Council
at a work session on January 28, 2014, and input from the City Council received at that time has
been incorporated into the Plan; and
WHEREAS, a draft of the Plan was presented to, and discussed with, the Water Board at
the Board’s March 20, 2014, meeting, and the Water Board recommended adoption of the Plan
with some suggested modifications, many of which are reflected in this Ordinance; and
WHEREAS, the Plan includes adjustments to monthly water rates and excess water use
surcharge rates, in order to ensure adequate revenue to cover the fixed costs of operating the
Water Utility in the event that water restrictions are implemented; and
WHEREAS, it is the desire of the City Council to formally adopt the Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby finds that it is necessary and beneficial for
the ratepayers of the City’s Water Utility, and in the best interests of the City and its citizens, to
adopt the Plan as referenced herein.
Section 2. That the City Council hereby adopts the Fort Collins Water Supply
Shortage Response Plan as it is presented in Exhibit “A”, and authorizes and directs the City
Manager to implement said Plan.
Section 3. That this Ordinance supersedes and replaces Ordinance No. 048, 2003, as
amended by Ordinance No. 047, 2013, and such prior ordinances establishing water supply
shortage response plans shall be of no further force or effect.
- 2 -
Section 4. That the City Manager is hereby directed to carry out the operations of the
City in accordance with the terms of the Plan, as applicable.
Introduced, considered favorably on first reading, and ordered published this 3rd day of
June, A.D. 2014, and to be presented for final passage on the 1st day of July, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 1st day of July, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
1
Exhibit “A”
City of Fort Collins
Water Supply Shortage Response Plan
The City of Fort Collins Water Supply Shortage Response Plan applies to the use of City treated
water and sets out restrictions and requirements intended to achieve progressively higher levels of
water savings under various projected water shortage conditions. Ordinance No. 065, 2014,
adopting the Water Supply Shortage Response Plan, was passed on second reading by the City
Council on May 6, 2014.
A. Definitions.
The following terms shall be defined as set forth herein for the purposes of this Plan.
1. Dealership vehicle shall mean any unregistered vehicle on display or awaiting sale by a
vehicle dealer or other person holding or selling vehicles in the normal course of business in
compliance with any applicable stormwater regulations and City Code § 26-498.
2. Drip system shall mean low pressure, low volume irrigation, above or below ground, that
delivers water to the root zone of plant material through emitters or porous material at a low
pressure. Includes bubbler, drip emitter, in-line tubing, subsurface irrigation or soaker hose.
3. Essential powerwashing shall mean cleaning with high pressure, low volume water or
steam in an outdoor location or in a manner that discharges flows to the outdoors, in
accordance with any applicable stormwater regulations and City Code § 26-498 for health
and safety reasons, graffiti abatement, surface preparation for the application of architectural
coatings or painting or cleaning of heating, ventilation and air conditioning equipment.
4. Food production shall mean the application of water to vegetables, fruits or herbs to be
used as a source of food. Food production shall not mean landscape or lawn watering,
watering of trees, or watering with well or raw water.
5. Hand watering shall mean the application of water to plant material while holding a hose in
hand; and which has a positive shut-off nozzle. Hand watering shall not mean watering with
a hose and sprinkler.
6. Health and safety reasons shall mean as reasonably necessary to remedy an unsanitary or
dangerous condition that poses a health or safety risk or danger to the public or to the
occupants of a particular property.
7. Landscape watering shall mean the use of treated or potable water obtained from the City
to irrigate or water any flowers, shrubs, or other landscape plantings or plants. Landscape
water shall not mean food production, lawn watering or watering of trees, or watering with
well or raw water.
8. Lawn watering shall mean the use of treated or potable water obtained from the City to
irrigate or water any lawn, grass or turf areas. Lawn watering shall not mean food
production, landscape watering or watering of trees or watering with well or raw water.
2
9. Medical hardship shall mean an exceptional hardship imposed upon an individual
residential customer because of medical reasons by the restrictions set forth in this Plan.
10. Outdoor swimming pool shall mean an outdoor structure that is filled with water and used
for swimming.
11. Religious objection shall mean an objection to the specific application of the requirements
of this Plan due to a conflicting religious belief that precludes watering on an assigned day.
12. Residential shall mean a single-family or duplex residential property or account.
13. Splash park shall mean an interactive water structure in a public space intended for public
use and play and managed in accordance with applicable water quality requirements.
14. Spraying impervious surfaces shall mean rinsing, washing or spraying with water or steam
an impervious interior or exterior surface, including but not limited to surfaces such as
garage floors, siding, windows, sidewalks, driveways, or patios, that will discharge flows
outdoors, in accordance with any applicable stormwater regulations and City Code § 26-498.
15. Sprinkler shall mean an automated or manual system or a piece of equipment added to a
hose that is used to spray water into the air so that droplets fall to the ground.
16. Sprinkler system maintenance shall mean the operation of a sprinkler system to the extent
reasonably necessary for repair or maintenance, as long as a person is on site at all times and
testing is limited to verifying proper operation and identifying problems.
17. Tree shall mean a woody plant, typically having a single stem or trunk growing to a
considerable height and bearing lateral branches elevated from the ground.
18. Vehicle washing at home shall mean washing a vehicle on a residential premise in
compliance with any applicable stormwater regulations and City Code § 26-498.
19. Water feature shall mean a device that creates a waterfall or fountain intended only for
aesthetic purposes. Water feature shall not mean a water feature with a pond or basin that
performs a function essential to the support of fish life in that pond or basin, or a water
feature in a swimming pool, or a splash park, as defined herein.
20. Well or raw water shall mean lawn or landscape watering with privately owned well water
or raw water, provided that the user of any such well or raw water for irrigation or watering
has posted a public notice of the same in the watering location in a manner visible from the
street.
B. Initiation and Implementation.
.
1. The City Manager shall determine when a declaration of water supply shortage
triggering the application of the provisions of this Plan is appropriate in accordance with City Code
§ 26-167(a), and shall issue a determination and order accordingly. Upon such determination and
declaration, the City Manager shall cause to be published in the local newspaper a notice of the
restrictions and requirements corresponding to that Water Supply Shortage Response Level, as set
forth herein, and the effective date of said restrictions and requirements, which shall be no fewer
3
than seven (7) days after the date of publication. The City Manager shall inform the City Council
promptly of any such determination and declaration.
2. Permits.
a. In the event that the Utilities Executive Director, or his or her delegate,
determines that an application for a lawn watering permit filed pursuant to the procedures
established for implementation of this Plan meets the applicable eligibility requirements,
then he or she shall issue a permit containing such terms and conditions as he or she
determines, in his or her reasonable discretion, will allow the minimum watering necessary
to carry out the intent of the permit. The Utilities Executive Director may, in determining
said permit terms and conditions, consider the impacts of the permitted activity on the City's
water supply or water system operations. Any determination of the Utilities Executive
Director hereunder shall be issued within five (5) business days of the submission of a
complete application, shall be provided in writing to the applicant, and shall include an
explanation of the basis for any determination of denial.
b. A written permit determination by the Utilities Executive Director may be
appealed to the City Manager, provided that notice of any such appeal shall be filed in
writing within five (5) days of issuance of the same and shall include an explanation of the
basis for the appeal. The City Manager may conduct such investigations as he or she
determines appropriate or necessary to determine whether the decision appealed was arbitrary
or capricious or otherwise inconsistent with the terms of this Plan, and shall issue a written
explanation of his or her decision on any appeal within ten (10) days of the submission of a
sufficient notice of appeal.
c. All permits or required signs must be displayed so that they are visible from
street or sidewalk areas.
3. Monthly water rates and Excess Water Use Surcharge as adopted by the City Council
and in effect at the time a Water Shortage Response Level has been declared and ordered effective
shall be increased by the percentage set forth below for the applicable Water Supply Shortage
Response Level for metered usage during the time periods that the related Water Shortage Response
Level has been determined to be in effect.
C. Enforcement and Penalties.
1. The use of City treated water in violation of this Plan or in violation of a permit
issued hereunder shall constitute a violation of City Code § 26-51, which authorizes the
discontinuation of water service in the event of use of water for purposes not authorized.
2. Violation of the terms of this Plan or violation of the terms of a permit issued
hereunder shall constitute a civil infraction which, notwithstanding the provisions of City Code § 1-
15(f), shall be punishable as follows:
a. Residential Violations
i. A violation on or for a residential property or use shall be punishable
by a minimum fine of fifty dollars ($50) per violation up to a maximum fine of one
4
thousand dollars ($1,000) per violation, if the violation occurs during a Response
Level 1 or Response Level 2 condition.
ii. A violation on or for a residential property or use shall be punishable
by a minimum fine of one hundred dollars ($100) per violation up to a maximum
fine of one thousand dollars ($1,000) per violation, if the violation occurs during a
Response Level 3 or Response Level 4 condition.
b. Non-Residential Violations
i. A violation on or for any property or use other than a residential
property or use shall be punishable by a minimum fine of two hundred and fifty
dollars ($250) per violation up to a maximum fine of one thousand dollars ($1,000)
per violation, if the violation occurs during a Response Level 1 or Response Level 2
condition.
ii. A violation on or for any property or use other than a residential
property or use shall be punishable by a minimum fine of five hundred dollars ($500)
per violation up to a maximum fine of one thousand dollars ($1,000) per violation, if
the violation occurs during a Response Level 3 or Response Level 4 condition.
c. Each day during which a violation of any provision of this Ordinance or
permit issued hereunder occurs or continues shall constitute a separate offense under
this Ordinance.
5
Water Supply Shortage Response Plan Elements
Response
Level 1
Response
Level 2
Response
Level 3
Response
Level 4
Water Supply
Projected water supply
shortage as determined by
the City Manager
1-10% 11-20% 21-30% Greater than 30%
Regulated Water Use
Activities
Mandatory
1. Lawn watering
a. Non-watering hours
No watering between
10 a.m. to 6 p.m.
No watering between
10 a.m. to 6 p.m.
No watering between
10 a.m. to 6 p.m.
N/A
b. Number of watering
days per week
(Note: even and odd
refers to the last digit
of a street address)
Residential (even) –
Thurs. & Sun.
Residential (odd) –
Wed. & Sat.
Multi-family &
Commercial – Tue. &
Fri.
Residential (even) –
Sun.
Residential (odd) –
Sat.
Multi-family &
Commercial – Fri.
Residential (even) –
Sun.
Residential (odd) – Sat.
Multi-family &
Commercial – Fri.
No watering allowed
c. Time limit per day
Unrestricted during
watering hours
Unrestricted during
watering hours
2 hours during
designated watering
day
No watering allowed
6
Response
Level 1
Response
Level 2
Response
Level 3
Response
Level 4
d. Turf areas of 4 acres
or more (excludes
areas defined in 2.e)
Max of 1.00" per
week. May select up
to 3 watering days. No
watering between the
hours of 10 a.m. and 6
p.m.
Max of 0.75" per
week. May select up
to 3 watering days.
No watering between
the hours of 10 a.m.
and 6 p.m.
No exceptions No exceptions
e. City and school district
parks & public
athletic/playing
fields, golf courses
Max of 1.25" per
week. May water any
day. No watering
between the hours of
10 a.m. and 6 p.m.
Max of 1.00" per
week. May water any
day. No watering
between the hours of
10 a.m. and 6 p.m.
Only for select fields.
Max of 0.75" per week.
May water any day. No
watering between the
hours of 10 a.m. and 6
p.m.
No exceptions
f. f. Well or raw water
Sign required,
registration
recommended
Sign required,
registration
recommended
Sign required,
registration
recommended
Sign required,
registration
recommended
3. Watering dirt for City
7
Response
Level 1
Response
Level 2
Response
Level 3
Response
Level 4
11. Spraying impervious
surfaces (siding,
garages, sidewalks,
driveways, patios)
Not allowed, except
for essential
powerwashing
Not allowed, except
for essential
powerwashing
Not allowed, except for
essential powerwashing
Not allowed, except for
essential powerwashing
12. Hydrant flushing &
testing
Limited to critical
situations as approved
by the Utilities
Executive Director
Limited to critical
situations as
approved by the
Utilities Executive
Director
Limited to critical
situations as approved
by the Utilities
Executive Director
Limited to critical
situations as approved
by the Utilities
Executive Director
13. Water feature Unrestricted No use allowed No use allowed No use allowed
14. Splash park
Unrestricted Unrestricted No use allowed No use allowed
15. Outdoor swimming
pool
Unrestricted Unrestricted Unrestricted
Unrestricted, if filled
before date restrictions
were implemented. No
filling of empty pools
Enforcement
1. Residential fines
per violation
$50 to $1,000 $50 to $1,000 $100 to $1,000 $100 to $1,000
2. Non-residential
fines per violation
$250 to $1,000 $250 to $1,000 $500 to $1,000 $500 to $1,000
Water Rate
- 1 -
ORDINANCE NO. 089, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26, ARTICLE II, DIVISION 6
OF THE CODE OF THE CITY OF FORT COLLINS
TO CLARIFY SECTIONS RELATING TO WATER CONSERVATION
WHEREAS, the City Council has previously adopted Ordinance No. 048, 2003, which
prescribed a four-tier Water Supply Shortage Response Plan and contained restrictions and
requirements for conservation of water by persons served by the City’s Water Utility, commonly
referred to as water restrictions, which ordinance was then updated by the adoption of Ordinance
047, 2013; and
WHEREAS, in light of the continued threat of water shortage conditions in Fort Collins
in the future, and the evolving condition of the City’s municipal water supply and the
information related thereto, and based on the City’s experience with implementation of the
current Plan in 2013, an updated Water Supply Shortage Response Plan (the “Plan”) has been
developed, which has been presented to the City Council for adoption with Ordinance No. 088,
2014; and
WHEREAS, Division 6, Article II of Chapter 26 of the City Code includes provisions
prohibiting the wasting of water, and addressing other matters related to water shortages and
water conservation; and
WHEREAS, staff has identified and recommended amendments to Division 6 that will
improve and clarify those provisions and integrate the applicable Code language with the Plan;
and
WHEREAS, elements of the Plan and concepts for proposed amendments to Division 6
were presented to, and discussed with, the City Council at a work session on January 28, 2014;
and
WHEREAS, a draft of the Plan and a draft of the proposed amendments to Division 6
were presented to, and discussed with, the Water Board at the Board’s March 20, 2014, meeting,
and the Water Board recommended adoption of the amendments to Division 6 with suggested
modifications, which are reflected in this Ordinance; and
WHEREAS, it is the desire of the City Council to adopt amendments improving and
clarifying Division 6, as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Section 26-166 of the Code of the City of Fort Collins is hereby
amended to read as follows:
- 2 -
Sec. 26-166. Prohibition of wWaste of water prohibited; irrigation.
(a) It is unlawful to waste City water obtained from the City in any manner. No
person shall cause the waste of water, or knowingly fail to prevent the waste of water on
property owned by, or within the control of, such person permit City water to flow, run or
be discharged in the streets or sidewalks in a wasteful manner or flood any part of the
premises of another.
(b) City water shall not be used for irrigation or sprinkling, except for watering
lawns, ornamental trees, shrubs, vines, flowers and domestic gardens. Lawn sprinkling
systems shall be properly designed, installed, maintained and operated to prevent wasting
of water.Waste of water shall mean any of the following:
(1) the application of water to any of the following in a manner that results in
pooling of water or a steady flow of water into storm drainage facilities, or onto
streets, sidewalks, driveways or other impervious surfaces:
a. any lawn, turf, sodded or landscaped area;
b. an impervious surface, such as a patio, driveway, garage; or
c. a vehicle or other structure or object;
(2) the release of water from a leak, broken component, or malfunction of a
valve or controller, a sprinkler or other irrigation system, or a broken or
malfunctioning outdoor plumbing fixture;
(3) the application of water to an impervious surface, vehicle or other
structure or object with a hose without the use of a hose nozzle designed to stay in
the closed position except when activated by hand pressure to permit the flow of
water; or
(4) the failure to comply with an order issued under Subsection (c).
(c) If the Utilities Executive Director determines that there is a break, leak or
malfunction of any indoor plumbing, fixture or equipment, or any water service line or
related fixture or equipment at any premises to which the City provides water service, a
written notice of such condition may be given by the City to the customer for such
premises and the owner of the property, ordering that the break, leak or malfunction be
repaired within the period of time specified in the notice and order. Such period shall be
no less than twenty-four (24) hours. The order may require that water to broken, leaking
or malfunctioning water line be discontinued until repair has been completed, if
necessary to prevent substantial loss of water.
- 3 -
Section 2. That Section 26-167 of the Code of the City of Fort Collins is hereby
deleted in its entirety.
Sec. 26-167. Sprinkling restrictions.
(a) Except in the case of a programmed automatic sprinkler system, City water shall
not be used for sprinkling or watering any yard, grounds, premises or vegetation
between the hours of 12:00 midnight and 4:00 a.m. Sprinklers or hose nozzles
shall not be placed and set so as to interfere with traffic on sidewalks.
(b) Upon recommendation of the Water Board, the use of City water for sprinkling
purposes may be further restricted or prohibited by order of the City Council. The
sprinkling restrictions or prohibitions prescribed shall be effective upon publication of
notice of the City Council's order once in a daily newspaper published in the City.
Section 3. That Section 26-168 of the Code of the City of Fort Collins is hereby
renumbered as Section 26-167 and is amended to read as follows:
Sec. 26-1687. Water supply shortage responserationing; emergency restrictions.
(a) Drought or wWater supply shortage. The City Council shall adopt by ordinance a
Water Supply Shortage Response Plan to establish conditions and restrictions to be used
by the City Manager to manage the City’s water supply in the event of projected
shortages in supply. In the event of drought or the City Manager determines, based upon
available estimates and projections of water supply quantity and quality, water storage
capacity, water consumption, and climatological forecasts, that restrictions on the use of
water by City water customers are necessary in order to manage the availability of water
for use in the immediate future or within the planning horizon for managing the City’s
water supply, the City Manager may determine the applicable water supply shortage
response level and declare as applicable the associated water use restrictions, as set forth
in the most recently adopted Water Supply Shortage Response Plan. water shortage, the
City Council may place restrictions on all uses of City water and even prohibit, if
necessary, all nondomestic uses of the City water if the Water Board so recommends. The
City Council's Manager’s declaration and order prescribing use restrictions shall be
effective on the date specified in such order. The City Manager shall cause publication of
any such upon publication order no less than once in a daily newspaper published in the
City on or prior to the effective date. Such order of the City Manager and shall continue
in full force and effect until the City Council finds Manager has determined that the water
supply shortage response level has changed or that the projected water supply shortage
has ended, and a determination and order to that effect has been published in the same
manner as for an initial declaration.
(b) Emergencies. In the event of a major fire or any other emergency that requires the
immediate curtailment of the use of City water, the City Manager is authorized to order
any restrictions on use of City water as necessary for the protection of the public.
- 4 -
Section 4. That Article II, Division 6 of the Code of the City of Fort Collins is hereby
amended by the addition of a new Section 26-168 which reads in its entirety as follows:
Sec. 26-168. Obligation to comply; penalties.
(a) Affirmative obligation imposed. Any person with legal or actual control of any
property, business, or other establishment, water account or water system serving any of
the same, shall have an affirmative duty to cause said property, business or establishment,
water account or water system, to operate and act in a manner consistent with the
restrictions and requirements of this Division and any restriction or requirement imposed
pursuant to this Division.
(b) Inconsistent covenants, deed restrictions and other clauses disregarded. No
person shall impose or enforce, or seek to impose or enforce, private covenants,
conditions, restrictions, deed restrictions or clauses, or other agreements that require any
person to operate or maintain lawn or turf grass or any other property or establishment of
any sort in a manner inconsistent with the terms of this Division or any restriction or
requirement imposed pursuant to this Division.
(c) Violation of plan or permit. No person shall violate the restrictions or
requirements of any Water Supply Shortage Response Plan provision or emergency
restriction that the City Manager has ordered into effect in accordance with this Section,
or any permit issued thereunder.
(d) Civil infraction. Any person found guilty of violating any provision of this
Division or any restriction or requirement imposed pursuant to this Division, whether by
acting in a manner declared to be unlawful or failing to act as required, commits a civil
infraction and shall be subject to the penalty provisions of Subsection 1-15(f), except
that, notwithstanding the provisions of § 1-15(f), minimum fines for violations of a Water
Supply Shortage Response Plan restriction or requirement imposed pursuant to this
Division shall be as set forth in said Plan as adopted.
(e) Each day a separate offense. Each day during which a violation of any provision
of this Division or any restriction or requirement imposed hereunder occurs or continues
shall constitute a separate offense.
(f) Discontinuance of water service. Use of water provided by the City in violation of
this Division or any restriction or requirement imposed hereunder shall constitute a
violation of § 26-51, for which the Utilities Executive Director may discontinue water
service.
Section 5. That Section 26-169 of the Code of the City of Fort Collins is hereby
deleted in its entirety and all subsequent Sections are hereby renumbered accordingly:
Sec. 26-169. Conversion to raw water irrigation.
Any existing customer of the water utility who is provided service used exclusively for
- 5 -
botanical irrigation shall be eligible to apply for a rebate from the water utility upon
conversion of said water service to a raw water irrigation system. The amount of any such
rebate shall be equal to the value of the water treatment plant capacity which is made
available because of the conversion of such irrigation water service to a raw water
irrigation system. The value of the water treatment plant capacity shall be based upon the
most current net book value of the City's water treatment plant facilities (as said net book
value is maintained by the Finance Department) at the time of application for the rebate,
in proportion to the peak day capacity of the City's treatment facilities existing at the time
of the application for the rebate. Botanical irrigation shall be deemed to consume one-
quarter (0.25) inch of water per day over the entire area irrigated. The rebate shall be
calculated in accordance with the following formula:
----------------------------------
.25 inches x Irrigated
Area
x 7.48 x Net Book Value ($) = Rebate ($)
12
(inches/ft.)
(sq. ft.) (gas./cu.
ft.)
Peak Day Capacity
(gal.)
----------------------------------
The rebate shall not exceed the current cost of plant investment fees based upon the size
of irrigation service or services to be inactivated by the applicant. The City may pay fifty
(50) percent of the rebate when such irrigation service is inactivated and physically
separated from the new raw water irrigation system, but the City shall not pay the
remaining portion of the rebate until the raw water irrigation system is fully installed and
capable of operation. No rebate, or any portion thereof, shall be made until the irrigation
system has been disconnected from the water utility. Upon disconnection, such irrigation
system shall not be reconnected to the water utility until such time that the utility has
received payment of all plant investment fees and tap fees required under this Code for
new customers.
Introduced, considered favorably on first reading, and ordered published this 3rd day of
June, A.D. 2014, and to be presented for final passage on the 1st day of July, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
- 6 -
Passed and adopted on final reading on the 1st day of July, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Adjustments
Adjust water rates No adjustment
15% increase in all
current water rates
25% increase in all
current water rates
35% increase in all
current water rates
Adjust Excess Water Use
Surcharge
No adjustment
15% increase in
surcharge
15% increase in
surcharge
15% increase in
surcharge
Park ball fields and
construction sites for
dust control
Unrestricted Unrestricted Unrestricted Not allowed
4. Turf installation for
new commercial
construction
Must apply for new
seed/sod permit or
request temporary CO
Must apply for new
seed/sod permit or
request temporary
CO
No turf installation from
5/15 thru 8/15. Must
apply for new seed/sod
permit or request
temporary CO
No turf installation.
Temporary CO will be
allowed
5. Landscape watering
May be watered by
sprinkler on any day,
other than between 10
a.m. and 6 p.m., and
by hand or by drip
system at any time
May be watered by
sprinkler on any day,
other than between
10 a.m. and 6 p.m.,
and by hand or by
drip system at any
time
May be watered only by
hand, or drip system at
any time
Not allowed
6. Trees
May be watered by
sprinkler on any day,
other than between 10
a.m. and 6 p.m., and
by hand, drip system
or deep root fork or
needle at any time
May be watered by
sprinkler on any day,
other than between
10 a.m. and 6 p.m.,
and by hand, drip
system or deep root
fork or needle at any
time
May be watered only by
hand, drip system or
deep root fork or needle
at any time
May be watered only by
hand, drip system or
deep root fork or needle
at any time
7. Food production
May be watered by
sprinkler on any day,
other than between 10
a.m. and 6 p.m., and
by hand or by drip
system at any time
May be watered by
sprinkler on any day,
other than between
10 a.m. and 6 p.m.,
and by hand or by
drip system at any
time
May be watered only by
hand, or drip system at
any time
May be watered only by
hand, or drip system at
any time
8. Vehicle washing at
home
Must use shutoff
nozzle
Must use shutoff
nozzle
Not allowed from 6/1
thru 8/31. Shutoff
nozzle 9/1 thru 5/31
Not allowed
9. City fleet vehicle
washing
Once per week or as
approved by the City
Manager for health or
safety reasons
Once per month or as
approved by the City
Manager for health or
safety reasons
Not allowed unless
approved by the City
Manager for health or
safety reasons
Not allowed unless
approved by the City
Manager for health or
safety reasons
10. Dealership vehicle
washing
Once per week Once per week Upon sale Upon sale
d. Sprinkler system
maintenance
Allowed any time Allowed any time Allowed any time No watering allowed
2. Lawn watering
exceptions by permit
All permits must be displayed so they are visible from the street or sidewalk.
a. Sod and seed for
new lawns
Water any time of day
and any day of the
week for a period not
to exceed 3 weeks for
sod and 4 weeks for
seed
Water any time of day
and any day of the
week for a period not
to exceed 3 weeks for
sod and 4 weeks for
seed
No exceptions from
5/15 thru 8/15.
Water any time of day
and any day of the
week for a period not to
exceed 3 weeks for sod
and 4 weeks for seed
that is installed from
8/16 thru 5/14
No exceptions
b. Medical hardship
Special watering
schedule to
accommodate medical
hardship. No watering
on Monday and
between the hours of
10 a.m. and 6 p.m.
Special watering
schedule to
accommodate
medical hardship. No
watering on Monday
thru Thursday and
between the hours of
10 a.m. and 6 p.m.
Special watering
schedule to
accommodate medical
hardship. No watering
on Monday thru
Thursday and between
the hours of 10 a.m.
and 6 p.m. Must
comply with 2 hr/week
restriction
No exceptions
c. Religious objection
Water on two selected
days. No watering on
Monday and between
the hours of 10 a.m.
and 6 p.m.
Water on one
selected day. No
watering Monday thru
Thursday and
between the hours of
10 a.m. and 6 p.m.
Water on one selected
day. No watering
Monday thru Thursday
and between the hours
of 10 a.m. and 6 p.m.
Must comply with 2
hr/week restriction
No exceptions
6 p.m.
No exceptions
f. Golf courses using
treated water
Permit required for special
watering schedule- No watering
rough. No watering between the
hours of 10 a.m. and 6 p.m.
Permit required for special
watering schedule- No watering
rough. No watering between the
hours of 10 a.m. and 6 p.m.
Permit required for special
watering schedule. Max of 0.75"
per week for tees, greens &
designated landing areas. No
watering between the hours of 10
a.m. and 6 p.m.
Permit required for special
watering schedule. Max of 0.75"
per week for tees and greens. No
watering between the hours of 10
a.m. and 6 p.m.
g. Well or raw water
Registration recommended -
unrestricted use
Registration recommended -
unrestricted use
Registration recommended -
unrestricted use
Registration recommended -
unrestricted use
3. Landscape watering
(trees, shrubs, gardens)
Unrestricted Water by hose with shutoff nozzle
or low-volume efficient irrigation.
Water by hose with shutoff nozzle
or low-volume efficient irrigation.
Water by hose with shutoff nozzle
or low-volume efficient irrigation.
4. Non-automated car
washing
Shutoff nozzle and bucket
required.
Shutoff nozzle and bucket
required.
Not allowed from 6/1 thru 8/31.
Shutoff nozzle and bucket
required 9/1 thru 5/31.
Not allowed
5. Washing City fleet
vehicles
Once per week or as approved by
the City Manager for health or
safety reasons.
Once per month or as approved
by the City Manager for health or
safety reasons.
Not allowed unless approved by
the City Manager for health or
safety reasons.
Not allowed unless approved by
the City Manager for health or
safety reasons.
6. Dealership vehicle
washing
Once per week Once per week Upon sale Upon sale
maintenance
Allowed any time. Minimize water
used.
Allowed any time. Minimize water
used.
Allowed any time. Minimize water
used.
Allowed only from 9/1 thru 5/31.
Minimize water used.
2. Lawn & turf watering
exceptions by permit
(Note: All permits must be displayed so they are visible from the street or sidewalk.)
a. Sod and seed for new
lawns
Permit required to water other
than normal watering days for a
period not to exceed 3 weeks for
sod and 4 weeks for seed.
Permit required to water other
than normal watering day for a
period not to exceed 3 weeks for
sod and 4 weeks for seed.
No exceptions from 5/15 thru
8/15.
Permit required to water other
than normal watering day for a
period not to exceed 3 weeks for
sod and 4 weeks for seed that is
installed from 8/16 thru 5/14.
No exceptions
b. Medical hardship
Permit required for a special
watering schedule to
accommodate medical hardship.
No watering on Monday and
between the hours of 10 a.m. and
6 p.m.
Permit required for a special
watering schedule to
accommodate medical hardship.
No watering on Monday thru
Thursday and between the hours
of 10 a.m. and 6 p.m.
Permit required for a special
watering schedule to
accommodate medical hardship.
No watering on Monday thru
Thursday and between the hours
of 10 a.m. and 6 p.m. Must
comply with 2 hr/week restriction.
No exceptions