13-10684 Water ConservationSummary published in The Salina Journal on %, 2013.
Published on the City of Salina website Aprei� 12-Z(o 2013.
ORDINANCE NUMBER 13-10684
AN ORDINANCE AMENDING CHAPTER 41, ARTICLE II, DIVISION 3, SECTIONS 41-
61, 41-61.1, AND 41-62 PERTAINING TO WATER CONSERVATION AND REPEALING
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EXISTING SECTIONS 41-61, 41-61.1, AND 41-62.
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BE IT ORDAINED by the Governing Body of the city of Salina, Kansas:
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' - Section 1. That Sections 41-61, 41-61.1 and 41-62 of Chapter 41, Article II, Division 3 of the
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Salina Code are hereby amended as follows:
Sec. 41-61. Definitions and classes of usage established.
(a) Definitions. The following definitions shall apply in the interpretation, implementation and
enforcement of this division:
(1) Customer, as the term is used in this division, shall mean the customer of record using
water for any purpose from the city's water distribution system and for which either a
regular charge is made or, in the case of coin sales, a cash charge is made at the site of
delivery.
(2) Domestic uses, as the term is used in this division, shall mean the use of water by any
person or by a family unit or household for household purposes, or for the watering of
livestock, poultry, farm and domestic animals used in operating a farm, and for the
irrigation of lands not exceeding a total of two acres in area for the growing of gardens,
orchards and lawns.
(3) Outdoor watering, as the tern is used in this division, shall mean the irrigation with
potable or private domestic well water of lawns, shrubs, flowers, trees, gardens and
Sec. 41-61.1. Regulation of use.
(a) Outdoor watering shall be prohibited between the hours of 10:00 a.m. and 6:00 p.m.,
effective between June 1 and September 30. Upon application, a special permit shall be
issued by the Director of Utilities to allow watering newly seeded lawns between the hours
of 10:00 a.m. and 6:00 p.m., effective June 1 through September 30.
other outdoor vegetation for personal, private, commercial, or governmental purposes.
(4) Person, as the term is used in this division, shall mean and include a natural person, a
partnership, an organization, a corporation, a municipality and any agency of the state
or federal government.
(5) Private domestic well water, as the term is used in this division, shall mean
groundwater utilized for domestic uses.
(6) Waste of water, as the term is used in this division, includes, but is not limited to,
permitting substantial amounts of water to escape down a gutter, ditch or other surface
drain or failure to repair a controllable leak of water due to defective plumbing.
(7) Water, as the term is used in this division, shall mean water available to the City of
Salina for treatment by virtue of its water rights or any treated water introduced by the
city into its water distribution system, including water offered for sale at any coin-
operated site.
(b) Classes of usage. The following classes of uses of water are established:
Class 1
Water used for outdoor watering, either public or private, for gardens, lawns, trees, shrubs,
plants, parks, golf courses, playing fields, swimming pools or other recreational areas, or
the washing of motor vehicles, boats, trailers or the exterior of any building or structure.
Class 2
Water used for commercial or industrial, including agricultural, purposes, except water
actually necessary to maintain the health and personal hygiene of bona fide employees while
such employees are engaged in the performance of their duties at their place of employment.
Class 3
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Domestic usage, other than that which would be included in either classes 1 or 2.
Class 4
Water necessary only to sustain human life and the lives of domestic pets and maintain
standards of hygiene and sanitation.
Sec. 41-61.1. Regulation of use.
(a) Outdoor watering shall be prohibited between the hours of 10:00 a.m. and 6:00 p.m.,
effective between June 1 and September 30. Upon application, a special permit shall be
issued by the Director of Utilities to allow watering newly seeded lawns between the hours
of 10:00 a.m. and 6:00 p.m., effective June 1 through September 30.
(b) No customer or private domestic well owner shall allow substantial amounts of water to
escape or drain from private property onto public property, including, but not limited to,
public sidewalks, rights-of-way, streets, alleys, and highways; provided that the term
"substantial" shall mean an amount sufficient to cause a discernible flow of water reaching
the street, gutter or other drainage system.
Sec. 41-62. Declaration of a water watch, water warning, or water emergency.
(a) Declaration of water watch. Whenever the city manager finds that conditions indicate that
the probability of a drought or some other condition causing a major water supply shortage
is rising, the city manager shall be empowered to declare, that a water watch exists and shall
take steps to inform the public and ask for voluntary reductions in water use. Such a watch
shall be deemed to continue until it is declared by the city manager to have ended. The city
manager's determination that a water watch exists shall be subject to review by the
governing body at its next regular or special meeting.
(b) Declaration of water warning. Whenever the city manager finds that drought conditions or
some other condition causing a major water supply shortage are present and supplies are
starting to decline, the city manager shall be empowered to declare that a water warning
exists and will recommend, to the governing body, restrictions on nonessential uses during
the period of warning. Such a warning shall be deemed to continue until it is declared by the
city manager to have ended. The city manager's determination that a water warning exists
and the recommended restrictions shall be subject to review by the governing body at its
next regular or special meeting. The restrictions shall apply to all city residents and shall
include private domestic well owners within the city limits by authority delegated by the
chief engineer, division of water resources, Kansas department of agriculture pursuant to
K.S.A. 82a -733(i).
(c) Declaration of water emergency. Whenever the city manager finds that an emergency exists
by reason of a shortage of water supply needed for essential uses, the city manager shall be
empowered to declare that a water supply emergency exists and will impose mandatory
restrictions on water use during the period of the emergency. Such an emergency shall be
deemed to continue until it is declared by the city manager to have ended. The city
manager's determination that a water emergency exists and the restrictions imposed shall be
subject to review by the governing body at its next regular or special meeting. The
restrictions shall apply to all city residents and shall include private domestic well owners
within the city limits by authority delegated by the chief engineer, division of water
resources, Kansas department of agriculture pursuant to K.S.A. 82a -733(i).
Section 2. That existing Sections 41-61, 41-61.1 and 41-62 are hereby repealed.
Section 3. Summary of ordinance for publication. That this ordinance shall be in full force and
effect from and after the following sequence:
1. Adoption on first and second reading;
2. Receipt of written confirmation of the delegation of authority by the chief engineer, division
of water resources, Kansas department of agriculture pursuant to K.S.A. 82a -733(i); and
3. Publication once in the official city newspaper.
Ordinance No. 13-106846 Summary
On April 1, 2013, the City of Salina, Kansas, passed Ordinance No. 13-10684. The ordinance
amend Chapter 41, Article II, Division 3, Section 41-61, 41-61.1, and 41-62 pertaining to water
conservation. A complete copy of the ordinance is available at www.salina-ks.gov or in the
office of the city clerk, 300 W. Ash Street, free of charge. This summary is certified by the city
attorney.
(SEAL)
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Lieu Ann Elsey, CMC, Cio Clerk
01
109 SW 9th Street, 2nd Floor
Topeka, Kansas 66612-1283
Dale A. Rodman, Secretary
David W. Barfield, Chief Engineer
Jason A. Gage, City Manager
300 West Ash P.O. Box 736
Salina, KS 67042-0736
Dear Mr. Gage:
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Kansas
Department of Agriculture
Division of Wirier Resources
May 28, 2013
RE: Delegation of Authority Private Water Wells
RECEIVED
MAY 3 0 RECD
CITY MANAGERS uFF1c
phone: (785) 296-3717
fax: (785) 296-1176
www.ksda.gov/dvvr
Sam Brownback, Governor
Please find enclosed my Order which authorizes the City of Salina to require private domestic well
owners within the city limits of Salina to comply with water conservation measures as identified in the
City's water conservation plan.
This authorization is allowed only when the City is experiencing conditions which have triggered
water warnings and emergencies as described in your conservation plan, and is for a period of time from this
date until December 31, 2013. Subsequent delegations will need to be requested following the end of this
calendar year.
It is requested that the City keep us updated on changes in water conservation status and
conservation measures. Should you have any question please feel free to contact Bob Lytle of my staff at
785-296-6086.
Sincerely/,
David W. Barfield, P.E.
Kansas Department of Agriculture
Division of Water Resources
PC: Scott Ross, Stockton Field Office
Tina Rajala, Kansas Water Office
THE STATE �ti•�yUl
= OF KANSAS
KANSAS DEPARTMENT OF AGRICULTURE DIVISION OF WATER RESOURCES
Dale A. Rodman, Secretary of Agriculture David W. Barfield, Chief Engineer
FINDINGS AND ORDER
IN THE MATTER OF THE DELEGATION OF AUTHORITY
TO REQUIRE PRIVATE WELL OWNERS
TO IMPLEMENT CONSERVATION PRACTICES
After due consideration, the Chief Engineer, Kansas Department of Agriculture, Division of
Water Resources (hereafter referred to as the "Chief Engineer") makes the following findings and order:
FINDINGS
1. That on April 9, 2013, the Chief Engineer approved the water conservation plan submitted by the
City of Salina, Kansas, and acknowledged that it is consistent with the current 2007 Kansas Water
Office Guidelines for Municipal Water Use.
2. That the Chief Engineer has the authority under K.S.A. 82a-733 to require the owner of watertight
to adopt and implement conservation plans and practices. Private water well owners do hold a water
right for domestic use once the well is used and water is put to beneficial use for domestic purposes.
3. That the approved conservation plan by the City of Salina contains the provision of requesting the
Chief Engineer to grant the city the authority to require private well owners within the city limits to
comply with the City's drought response regulations as provided in their conservation plan and
Water Drought/Emergency Ordinance as authorized under K.S.A. 82a-733(1).
4. That the 2007 Guidelines identifies conditions under which domestic well owners may be required to
implement water conservation measures, which include: (1) when impairment of senior water rights
is occurring, (2) when a municipality with a common source of supply is experiencing a period of
drought and water warnings and emergencies are in place, or (3) when the waste of water is
occurring.
That on May 10, 2013, City Manager, Jason A. Gage, requested in writing that the Chief Engineer
delegate the temporary authority under K.S.A. 82a -733(i) to regulate private well owners to comply
with the City's drought response regulations associated with Water Warnings and Emergencies as
provided in their Water Conservation Plan and Drought Ordinance, and that the City shares a
common source of water supply with private well owners within the City limits, the Smoky Hill
River and its groundwater alluvium. Further, a groundwater model by the Kansas Water Office
estimates the amount of water diverted by private well owners in and around Salina to be 800 to
1000 acre-feet per year, having a significant effect on the groundwater levels in the City's municipal
wells.
NOW THEREFORE, it is the decision and Order of the Chief Engineer, Kansas Department of
Agriculture, Division of Water Resources, that the City of Salina, Kansas is hereby delegated,
while the City is experiencing water warnings and emergencies, the authority to require private
well owners within the city limits to implement conservation plans and practices in compliance
with provisions of the City's Water Conservation Plan and Ordinance approved on April 9, 2013,
as provided by K.S.A. 82a -733(i). That this delegation shall end on December 31, 2013, at
which time it will be automatically rescinded unless otherwise extended.
Dated at Topeka, Kansas thisdayof 24`h day o ' ay 2013.
c/ "'i Ll. t
David W. Barfield, P.E.
Chief Engineer
Kansas Department of Agriculture
Division of Water Resources