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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 z EXISTING SECTIONS 41-61, 41-61.1, AND 41-62. a w BE IT ORDAINED by the Governing Body of the city of Salina, Kansas: N ' - Section 1. That Sections 41-61, 41-61.1 and 41-62 of Chapter 41, Article II, Division 3 of the 3 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 ' 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) A�- 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: pPk{. PP P.bPwP♦�• P*PhLP A P M 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