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Chapter 4 - DROUGHT CONTINGENCY PLAN AND
RULES
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| Sec. 4.01
Declaration of Policy, Purpose, and
Intent |
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(a) The
purpose of this Chapter is to
conserve the available water
supply and protect the integrity
of water supply facilities, with
particular regard for domestic
water use, sanitation, and fire
protection, and to protect and
preserve public health, welfare,
and safety and minimize the
adverse impacts of water supply
shortage or other water supply
emergency conditions. |
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(b) Water
uses regulated or prohibited
under this Drought Contingency
Plan (the Plan) are considered
to be non-essential and
continuation of such uses during
times of water shortage or other
emergency water supply
conditions are deemed to
constitute a waste of water
which subjects the offender(s)
to penalties as defined in
Chapter 5 of these Rules. |
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Sec. 4.02 Public
Education
Emerald Bay Municipal Utility District
will periodically provide the public
with information about the Plan,
including information about the
conditions under which each stage of the
Plan is to be initiated or terminated
and the drought response measures to be
implemented in each stage. This
information will be provided by means of
publishing in the Emerald Bay Rainbow
Review and by posting on the District's
internet web page at
www.emeraldbay-tx.gov. |
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| Sec. 4.03
Coordination with Regional Water
Planning Groups |
| Regional water
planning groups conduct studies to
predict the need for future and/or
preferred alternatives for future water
supply and demands. The service area of
Emerald Bay Municipal Utility District
is located within the East Texas
Regional Water Planning Group Region “I”
with its administrative offices at 210
Premier Drive, Jasper, Texas 75951
(409-384-5704). |
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| Sec. 4.04
Authorization |
| The District, or its
designee, is hereby authorized and
directed to implement the applicable
provisions of this Plan upon
determination that such implementation
is necessary to protect public health,
safety, and welfare. The District, or
its designee, shall have the authority
to initiate or terminate drought or
other water supply emergency response
measures as described in this Plan. The
District may implement mandatory
restrictions by public announcement and
the restrictions are effective
immediately on the making of the public
announcement. |
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| Sec. 4.05
Application of Plan |
| The provisions of
this Plan shall apply to all persons,
customers, and property utilizing water
provided by the District. The terms
“person” and “customer” as used in the
Plan include individuals, corporations,
partnerships, associations, and all
other legal entities. |
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| Sec. 4.06
Definitions |
| As used in this
Chapter, the term: |
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(1)
"Aesthetic water use" means use
of water for ornamental or
decorative purposes such as
fountains, reflecting pools, and
water gardens. |
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(2)
"Commercial and institutional
water use" means use of water
which is integral to the
operations of commercial and
non-profit establishments and
governmental entities such as
retail establishments, hotels
and motels, restaurants, and
office buildings. |
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(3)
"Conservation" means those
practices, techniques, and
technologies that 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 so that a
supply is conserved and made
available for future or
alternative uses. |
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(4)
"Customer" means any person,
company, or organization using
water supplied by the District. |
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(5)
"Domestic water use" means water
use for personal needs or for
household or sanitary purposes
such as drinking, bathing,
heating, cooking, sanitation, or
for cleaning a residence,
business, industry, or
institution. |
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(6) "Summer
Watering Calendar" means a
calendar prepared and delivered
to the customers of the District
which indicates by the last
number of the physical address
of that customer, the customers
allowed watering days. Said
Summer Watering Calendar will
also be published in the Emerald
Bay Rainbow Review and posted on
the District's internet web
page. |
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(7)
"Industrial water use" means the
use of water in processes
designed to convert materials of
lower value into forms having
greater usability and value. |
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(8)
"Landscape irrigation use" means
water used for the irrigation
and maintenance of landscaped
areas, whether publicly or
privately owned, including
residential and commercial
lawns, gardens, golf courses,
parks, and rights-of-way and
medians.
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(9)
"Non-essential water use" means
water uses that are not
essential nor required for the
protection of public health,
safety, and welfare, including
but not limited to: |
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(a)
Irrigation of landscaped areas,
including parks, athletic
fields, and golf courses, except
as otherwise provided under this
Plan; |
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(b) Use of
water to wash any motor vehicle,
motorbike, boat, trailer,
airplane or other vehicle; |
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(c) Use of
water to wash down any
sidewalks, walkways, driveways,
parking lots, tennis courts, or
other hard-surfaced areas; |
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(d) Use of
water to wash down buildings or
structures for purposes other
than immediate fire protection; |
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(e) Flushing
gutters or permitting water to
run or accumulate in any gutter
or street; |
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(f) Use of
water to fill, refill, or add to
any indoor or outdoor swimming
pools or Jacuzzi-type pools; |
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(g) Use of
water in a fountain or pond for
aesthetic or scenic purposes
except where necessary to
support aquatic life; |
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(h) Failure
to repair a controllable leak(s)
within a reasonable period after
having been given notice
directing the repair of such
leak(s);
and |
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(i) Use of
water from hydrants for
construction purposes or any
other purposes other than fire
fighting. |
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| Sec. 4.07
Triggering Criteria for Initiation and
Termination of Drought Response Stages
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| The District, or its
designee, shall monitor water supply
and/or demand conditions on a daily
basis and shall determine when
conditions warrant initiation or
termination of each stage of the Plan.
Public notification of the initiation or
termination of drought response stages
shall be by means of publication in a
newspaper of general circulation in the
District and/or the Emerald Bay Rainbow
Review and by posting on the Emerald Bay
Municipal Utility District's internet
web page at
www.emeraldbay-tx.gov.
Additionally, signs in the District and
reminders on the water bill may be
implemented to inform customers of the
current drought stage in effect. |
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| The triggering
criteria described below are based on
triggers set forth in ordinances adopted
by the District. |
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(a) Stage 1
- Voluntary Conservation |
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This stage,
if deemed necessary, will
commence on May 1 of each year
and remain in effect until
September 30 of each year. All
customers are encouraged to
comply with the voluntary
watering schedule published in a
newspaper of general circulation
in the District and/or the
Emerald Bay Rainbow Review and
by posting on the District's
internet web page. Additionally,
customers are encouraged to
curtail all non-essential water
uses as defined in Section
4.06(9) of these Rules. |
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(b) Stage 2
- Mandatory Water Use Management |
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This stage
is triggered when the District
experiences water demands that
pose an eminent or potential
danger to the District’s system.
An announcement will be made
that the District is
implementing Stage 2 as
necessary to safeguard their
water system or supply. This
stage may also be implemented
when the District’s water system
experiences operational problems
which are, or may become, a
threat to the provision of
water, thereby generating an
emergency condition. |
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Stage 2
shall remain in effect until it
is determined that the demand on
the District’s Utility System is
not posing eminent or potential
danger. Notification will be
published in a newspaper of
general circulation in the
District and/or the Emerald Bay
Rainbow Review and by posting on
the District's internet web
page, indicating entrance into
and exit from this phase of the
Drought Management Plan of the
District. |
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(c) Stage 3
- Emergency Water Use Management |
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This stage
is triggered when the District
Representative deems that the
District’s Utility System cannot
meet the demands on the system
and it is necessary to implement
this stage to safeguard the
utility system's ability to
provide for the protection of
public health, safety and
welfare. |
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Stage 3
shall remain in effect until it
is determined by the District
that the demand on the
District's Utility System is not
posing eminent or potential
danger. Notification will be
published in a newspaper of
general circulation in the
District and/or the Emerald Bay
Rainbow Review and by posting on
the District's internet web
page, indicating the entrance
into and exit from this phase of
the Drought Management plan of
the District. |
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Sec. 4.08 Drought
Response Stages
The District, or its designee, shall
monitor water supply and/or demand
conditions on a daily basis and, in
accordance with the triggering criteria
set forth in Section 4.07 of the Plan,
shall determine when a mild, moderate,
severe, critical, or emergency condition
exists and shall implement the following
actions upon publication of notice in a
newspaper of general circulation and/or
the Emerald Bay Rainbow Review and by
posting the notice on the District's
internet web page: |
| Stage 1 - Mild Water
Shortage Conditions |
| Goal: Achieve a
voluntary 10 percent reduction in total
water use |
| Supply Management
Measures: |
| During this stage
the District will place a higher
priority on the repair of small leaks
within the system. Repair will take
precedent over monetary concerns of
overtime expenditures. Flushing of
hydrants will be reduced to only those
absolutely necessary for safe operation. |
| Voluntary Water Use
Restrictions: |
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(a) Water
customers are requested to
voluntarily limit the irrigation
of landscaped areas to the
Summer Watering Calendar
published in a newspaper of
general circulation in the
District and/or the Emerald Bay
Rainbow Review and by posting on
the District's internet web
page. |
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(b) All
operations of the District shall
adhere to water use restrictions
prescribed for Stage 1 of the
Plan. |
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(c) Water
customers are requested to
practice water conservation and
to minimize or discontinue water
use for non-essential purposes. |
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(d) The
following uses constitute a
waste of water and are
prohibited: |
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1. Failing
to repair a controllable leak,
such as broken sprinkler heads
and leaky valves or faucets. |
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2. Washing
sidewalks, driveways, parking
areas, streets, tennis courts,
patios or other paved areas,
except to alleviate health or
safety hazards. |
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3. Operating
a permanently installed
irrigation system with broken
heads, with heads that are out
of adjustment that spray more
than 10% of the spray on streets
or parking lots, or that are
missing. |
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4. Allowing
water to run off a property or
allowing water to pond in the
street or parking lot to a depth
greater than 1/4 of an inch
during irrigation. |
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5. Washing
an automobile, truck, trailer,
boat, or other mobile equipment
with a hand-held hose not
equipped with a pistol grip
nozzle or other device that
automatically shuts off water
flow when the hose is not being
used. |
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| Stage 2 - Mandatory
Water Use Management |
| Goal: Achieve a 20
percent reduction in total water use. |
| Supply Management
Measures: |
| The District will
discontinue any flushing of hydrants (as
long as it does not pose a threat to
public safety) and reduce irrigation of
public lands. |
| Water Use
Restrictions. From May 1 to September 30
of each year when there is an
announcement by the District of Stage 2,
the following restrictions apply to all
customers of the District: |
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(a) All
outdoor irrigation by hose and
sprinklers, soaker hoses, or
drip irrigation may occur only
between the hours of 7:00 p.m.
to 12:00 midnight and 12:00
midnight to 10:00 a.m. on a
designated outdoor water use day
which will be once every five
(5) days. All outdoor irrigation
of vegetation by permanently
installed automatic irrigation
systems may occur only between
the hours of 12:00 midnight to
10:00 a.m. on designated outdoor
water use days. Irrigation by
hand-held hoses or hand-held
buckets is permitted anytime. |
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(b) Use of
water to wash any motor vehicle,
motorbike, boat, trailer, or
other vehicle is prohibited
except on designated watering
days between the hours of 7:00
p.m. and 10:00 a.m. Such
washing, when allowed, shall be
done with a hand-held bucket or
a hand-held hose equipped with a
positive shutoff nozzle for
quick rinses. Charity car washes
are prohibited. |
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(c) Watering
of the ground around foundations
to prevent foundation cracking
is prohibited except on
designated outdoor water use
days between the hours of 12:00
midnight and 10:00 a.m. |
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(d) Use of
water to fill, refill, or add to
any indoor or outdoor swimming
pools, wading pools, or
Jacuzzi-type pools is
prohibited. However, this
restriction does not apply to
public swimming pools and wading
pools equipped with filtration
and a recirculation system that
includes the gutter drains. |
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(e)
Operation of any ornamental
fountain or pond for aesthetic
or scenic purposes is prohibited
except where necessary to
support aquatic life or where
such fountains or ponds are
equipped with a recirculation
system. |
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(f) Use of
water from hydrants shall be
limited to fire fighting,
related activities, or other
activities necessary to maintain
public health, safety, and
welfare, except that use of
water from designated fire
hydrants for construction
purposes may be allowed under
special permit from the
District. |
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(g) The
following uses of water are
defined as non-essential and are
prohibited under Stage 2: |
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(1) Wash
down of any sidewalks, walkways,
driveways, parking lots, tennis
courts, or other hard-surfaced
areas; |
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(2) Use of
water to wash down buildings or
structures for purposes other
than immediate fire protection. |
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(3) Use of
water for dust control; |
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(4) Flushing
gutters or permitting water to
run or accumulate in any gutter
or street; |
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(5) Failure
to repair a controllable leak(s)
within a reasonable period after
having been given notice
directing the repair of such
leak(s). |
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(6) Failing
to repair a controllable leak,
such as broken sprinkler heads
and leaking valves or faucets. |
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(7) Allowing
water to run off a property
during irrigation, car washing,
or any other use of water or
allowing water to pond in the
street or parking lot to a depth
of 1/4 inch. |
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(h) The
Stage 2 restrictions do not
apply to the following uses of
water: |
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(1) The
necessary use of water, other
than for landscape irrigation,
by a governmental entity in
pursuit of its governmental
functions for the benefit of the
public, such as for capital
improvement construction
projects; |
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(2) The
necessary use of water, other
than for landscape irrigation,
for land development (such as,
roadway base preparation,
flushing of utility lines, dust
control, concrete and asphalt
work) and for building
construction processes; |
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(3) The use
of water under the approved
terms and conditions of a
variance granted by the
District; |
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(i) The
Emerald Bay Club restaurant is
prohibited from serving water to
their customers except when
specifically requested by the
customer. |
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| Stage 3 - Emergency
Water Use Management |
| Goal: Achieve an
additional 10 percent reduction in
overall water consumption. |
| Supply Management
Measures: |
| All elements of
Stage 2 remain in effect in Stage 3
except that: |
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1. All
outdoor irrigation of vegetation
by hand-held hoses or hand-held
watering cans may occur only
between the hours of 6:00 a.m.
to 10:00 a.m. and 7:00 p.m. to
10:00 p.m. on designated outdoor
watering days. Irrigation,
including but not limited to
foundation watering, using
permanently installed irrigation
systems, hose and irrigation, or
drip irrigation is prohibited. |
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2. The
washing of automobiles, trucks,
trailers, boats, and other types
of mobile equipment not in the
immediate interest of the public
health, safety, and welfare are
prohibited. |
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3. The
washing of automobiles, trucks,
trailers, boats, and other types
of mobile equipment in the
immediate interest of the public
health, safety, and welfare may
occur between 12:00 noon and
5:00 p.m. |
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4. The
filling, refilling, or adding of
potable water to public or
private swimming or wading pools
is prohibited. |
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5. No new
landscape of any type may be
established. |
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Sec. 4.09 Water
Rationing - Additional Emergency
Conservation Measures
Additional emergency conservation
measures may be implemented if the
District is experiencing a severe,
long-term drought condition considered
worse than a repeat of the drought of
record. If the District is forced to
curtail its water use under such
conditions, the District may: |
• prohibit all
outdoor watering
• limit monthly water consumption by
customers |
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| Sec. 4.10
Violations |
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(a) No
person shall knowingly or
intentionally allow the use of
water from the District for
residential, commercial,
industrial, agricultural,
governmental, or any other
purpose in a manner contrary to
any provision of this Plan, or
in an amount in excess of that
permitted by the drought
response stage in effect at the
time pursuant to action taken by
the District, or its designee,
in accordance with provisions of
this Plan. |
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(b) Any
person, including a person
classified as a water customer
of the District, in apparent
control of the property where a
violation occurs or originates,
shall be presumed to be the
violator, and proof that the
violation occurred on the
person’s property shall
constitute a rebuttable
presumption that the person in
apparent control of the property
committed the violation, but any
such person shall have the right
to show that he or she did not
commit the violation. Parents
shall be presumed to be
responsible for violations of
their minor children and proof
that a violation, committed by a
child, occurred on property
within the parents’ control
shall constitute a rebuttable
presumption that the parent
committed the violation, but any
such parent may be excused if he
or she proves that he or she had
previously directed the child
not to use the water as it was
used in violation of this Plan
and that the parent could not
have reasonably known of the
violation. |
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(c)
Violations of this Chapter 4 are
subject to enforcement
proceedings as provided in
Chapter 5 of these Rules. |
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| Sec. 4.11
Variances |
| The District, or its
designee, may, in writing, grant a
temporary variance for existing water
uses otherwise prohibited under this
Plan if it is determined that failure to
grant such variance would cause an
emergency condition adversely affecting
the health, sanitation, or fire
protection for the public or the person
requesting such variance and if one or
more of the following conditions are
met: |
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(a)
Compliance with this Plan cannot
be technically accomplished
during the duration of the water
supply shortage or other
condition for which the Plan is
in effect. |
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(b)
Alternative methods can be
implemented which will achieve
the same level of reduction in
water use. |
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| Persons requesting
an exemption from the provisions of this
Plan shall file a petition for variance
with the District within five (5) days
after the Plan or a particular drought
response stage has been invoked. All
petitions for variances shall be
reviewed by the District, or its
designee, and shall include the
following: |
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(a) Name and
address of the petitioner(s). |
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(b) Purpose
of water use. |
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(c) Specific
provision(s)
of the Plan from which the
petitioner is requesting relief. |
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(d) Detailed
statement as to how the specific
provision of the Plan adversely
affects the petitioner or what
damage or harm will occur to the
petitioner or others if
petitioner complies with this
Plan. |
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(e)
Description of the relief
requested. |
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(f) Period
of time for which the variance
is sought. |
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(g)
Alternative water use
restrictions or other measures
the petitioner is taking or
proposes to take to meet the
intent of this Plan and the
compliance date. |
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(h) Other
pertinent information. |
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| Variances
granted by the District shall be subject
to the following conditions, unless
waived or modified by the District or
its designee: |
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(a)
Variances granted shall include
a timetable for compliance. |
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(b)
Variances granted shall expire
when the Plan is no longer in
effect, unless the petitioner
has failed to meet specified
requirements. |
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| No variance shall be
retroactive or otherwise justify any
violation of this Plan occurring prior
to the issuance of the variance. |
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