Item # 4 - Water Restrictions Amendment

CITY OF ALAMO HEIGHTS
ADMINISTRATION AND FINANCE DEPARTMENT
CITY COUNCIL AGENDA MEMORANDUM
TO: Mayor and City Council
FROM: Phil Laney, Assistant City Manager
SUBJECT: Ordinance amending Chapter 19 – Water and Sewers, Article III – Conservation of
Groundwater to amend the groundwater use reduction program and adopt
groundwater use surcharge fees
DATE: September 11, 2023
SUMMARY
An Ordinance amending Chapter 19 – Water and Sewers, Article III – Conservation of
Groundwater to add stage indicators for groundwater use reduction program, revise groundwater
use reduction measures, and enact groundwater use surcharge fees. The groundwater use reduction
measures and groundwater use surcharge fees are intended to assist City efforts to mitigate water
consumption to ensure compliance with the Edwards Aquifer Authority requirements.
BACKGROUND INFORMATION
The City of Alamo Heights pumps potable water exclusively from the Edwards Aquifer Authority
(EAA). The EAA provides water to 2.5 million people and covers more than 8,000 square miles
across eight counties. These include all of Bexar, Medina and Uvalde counties and portions of
Atascosa, Caldwell, Comal, Guadalupe, and Hays counties. Under the agreement with the Edwards
Aquifer Authority, the City has 2,822 permitted acre feet. The City code follows EAA guidelines
when aquifer conditions drop below certain capacity thresholds. The City entered Stage IV water
restrictions on July 31st
, 2023; prior to that, Stage III water restrictions have been in place for most
of the time since June 2022. Both stages enact mandated pumping reductions by EAA. City code
requires 35% pumping reduction in Stage III and 40% pumping reduction in Stage IV, and if
necessary, 44% pumping reductions in Stage V.
The City has adopted restrictions established by the EAA in City Code Chapter 19 – Water and
Sewer, Article III – Conservation of Groundwater. Currently, the groundwater use reduction
program in the code has conditions for critical period (reduction) stages I, II, III, and IV. However,
EAA includes conditions for stage V, when the 10-day average for Index Well J-17 level reaches
less than 625 feet. If stage V is reached, EAA users such as Alamo Heights are required to reduce
withdrawal from the aquifer by 44%. The ordinance under consideration would incorporate the
reduction criteria for stage V.
The Code references specific groundwater use reduction measures for residents, businesses and
institutions in a separate document. To eliminate the need to retrieve a second document, the latest
reduction measures are included in the ordinance and, if adopted, will be incorporated within the
Code.

In addition to the proposed reduction measures, a groundwater surcharge fee would be established
based on the drought stage and amount of groundwater consumed by residents, businesses, and
institutions. Sec. 19-51(c)(3) authorizes city council to impose the fee during any groundwater use
reduction stage as an additional measure to deter water use to aid in achieving pumping restriction
goals. No specific fees have been adopted.
The following surcharge fees would be established for users that consume 2,301 cubic feet (cf) or
more of water in a month, equivalent to approximately 17,200 gallons.
Monthly Groundwater Use Surcharge Fee for 2,301 cubic feet or more
Account
Type
Stage 1 Stage 2 Stage 3 Stage 4 Stage 5
Per 100 cf Per 100 cf Per 100 cf Per 100 cf Per 100 cf
Non-Irrigation $1.00 $2.00 $3.00 $5.00 $8.00
Irrigation $2.00 $3.00 $4.00 $6.00 $10.00
The fees would be applied to every 100 cf of water consumed above the 2,300 cf threshold
during critical drought stages. Irrigation accounts dedicated to landscape watering would be
charged a higher fee than non-irrigation accounts such as residential, multi-family, institutional,
and commercial water accounts. If the proposed surcharge fees are enacted, the fees would be in
addition to the current charges on water and sewer bills. Proceeds collected from the surcharge
fee would be deposited in the Utility Fund.
If the proposed changes are adopted by Council, the reduction measures would go into effect
immediately, with the exception of the groundwater use surcharge fee. If adopted, the surcharge
fee would be assessed on the second month’s billing statement after adoption, in order to notify
customers of the new fee. Residents would be informed of the fee’s adoption via the water and
sewer bill prior to its effective date.
POLICY ANALYSIS
The ordinance is consistent with the City’s agreement with the Edwards Aquifer Authority to abide
by pumping restrictions during periods of drought. The amount of groundwater the City may
withdraw from the Edwards Aquifer, the City’s sole source of water, is reserved through contract
between the City and EAA. When pumping restrictions are imposed, it is consistent with City
policy to comply with the terms of existing agreements, be good stewards of natural resources, and
may factor into consideration if penalties are issued by EAA in the event the City withdraws more
water than the revised permitted amount.
COORDINATION
Staff has reviewed the proposed amendment with the Mayor and City Council at a staff briefing at
the City Council meeting on August 14, 2023 and for Council consideration on August 28, 2023.
In addition, the amendment has been reviewed by the City Attorney and City Manager.
FISCAL IMPACT STATEMENT
There is no fiscal impact to City expenditures. Revenues collected through the establishment of
the groundwater use surcharge fee would be deposited in the Utility Fund.

ATTACHMENTS
Attachment A – Ordinance
_____________________
Phil Laney
Assistant City Manager
______________________
Buddy Kuhn
City Manager

Attachment A
ORDINANCE NO. 2212
AN ORDINANCE AMENDING CHAPTER 19 – WATER AND
SEWERS, ARTICLE III – CONSERVATION OF GROUNDWATER
TO INCLUDE STAGE INDICATORS FOR GROUNDWATER USE
REDUCTION PROGRAM AND GROUNDWATER USE REDUCTION
MEASURES, AND ADOPT GROUNDWATER USE SURCHARGES;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Alamo Heights (the “City”) is a Texas municipality that is an authorized
water purveyor and provides a public potable water system to the public within its City limits; and
WHEREAS, the City intends to comply with State of Texas regulations to enhance the health,
safety, and general welfare of its residents and the general public; and
WHEREAS, the protection and maintaining of the public water supply contributes to the health,
safety and general welfare of its residents and the general public; and
WHEREAS, the City utilizes water resources overseen by the Edwards Aquifer Authority that are
shared with other municipal and privately-managed water users; and
WHEREAS, the Edwards Aquifer Authority regulates usage and enacts restrictions when the
capacity is low due to drought or usage; and
WHEREAS, the City intends to comply with Edwards Aquifer Authority regulations and use
restrictions by adopting Critical Period Triggers, Stages and Withdrawal reductions that require
amendment of the Reduction Stages within Chapter 19 – Water and Sewers of the Code of
Ordinances; and
WHEREAS, the capacity of the Edwards Aquifer has been impacted by sustained periods of
drought and continued use to warrant additional groundwater use reduction measures and require
amendment of the reduction measures within Chapter 19 – Water and Sewers of the Code of
Ordinances; and
WHEREAS, Chapter 19 – Water and Sewers of the Code of Ordinances authorizes the City to
enact groundwater use surcharges during any groundwater use reduction stage as an additional
measures to deter water use to aid in achieving pumping reduction goals within; and
WHEREAS, the City may adopt groundwater use surcharge fees requiring amendment within
Chapter 19 – Water and Sewers of the Code of Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ALAMO HEIGHTS, TEXAS THAT:
SECTION 1. Findings. The recitals are hereby found to be true and correct and are hereby
incorporated as part of this Ordinance.

Attachment A
Ordinance No. 2212 2
SECTION 2. Amendments. Section 19-51 – Groundwater management rules for water demand
reduction stages declared by the Edwards Aquifer Authority shall hereinafter be amended at
subsections 19-51(a), (b), (c) and (f) to add the underlined text and delete the strike through text
to read as follows:
Sec. 19-51. – Groundwater management rules for water demand reduction stages
declared by the Edwards Aquifer.
(a) Definitions.
(2.39) Stage. One (1) of four (4) five (5) designated drought stages which may be
declared by the authority.
(b) Stage indicators for groundwater use reduction program. The stage indicators for
groundwater demand reduction for stages I, II, III, and IV, and V are set out in Table 1
below:
Critical Period
(Reduction)
Stage*
Index Well J-
17 Level
(MSL)
San Marcos
Springs Flow
(CFS)
Comal Springs
Springs Flow
(CFS)
Withdrawal
Reduction – San
Antonio Pool
I <660 <96 <225 20%
II <650 <80 <200 30%
III <640 N/A <150 35%
IV <630 N/A <100 40%
V <625 N/A <45/40 44%
* Implementation of Stage 1 is based on a ten-day average. A change to a critical period
stage with higher withdrawal reduction percentages is triggered if the ten-day average of
daily spring flows at the Comal Springs or the ten-day average of daily aquifer levels at the
J-17 Index Well drops below the lowest number of any of the trigger levels. A change to a
critical period stage with lower withdrawal reduction percentages is triggered only when the
ten-day average of daily spring flows at the Comal Springs or the San Marcos Springs and
the ten-day average of daily aquifer levels at the J-17 Index Well are all above the same
stage trigger level.
(c) Groundwater use reduction program.
(1) Procedures for groundwater use reduction program. The City of Alamo Heights
shall determine when conditions warrant implementation of the groundwater use
reduction program. The program is declared when the Edwards Aquifer indicators
fall below the trigger levels shown in Table 1. Regardless of the aquifer’s levels,
the city may advance stages as needed to effect compliance with pumping limit
goals. The various stages shall be declared as follows:

Attachment A
a. Stage 1. The director of public works may declare stage I of the groundwater
use reduction program when the authority declares stage I after one (1) or
more of the indicators fall below the trigger levels for stage 1 as shown in
Table 1.
b. Stage 2. The city manager may declare stage II of the groundwater use
reduction program when the authority declares stage II after one (1) or more
of the indicators fall below the trigger levels for stage II as shown in Table 1.
c. Stage III. The mayor may declare stage III of the groundwater use reduction
program when the authority declares stage III after one (1) or more of the
indicators fall below the trigger levels for stage III as shown in Table 1.
d. Stage IV. The city council may declare stage IV of the groundwater use
reduction program when the authority declares stage IV after one (1) or more
of the indicators fall below the trigger levels for stage IV as shown in Table
1.
e. Stage V. The city council may declare stage V of the groundwater use
reduction program when the authority declares stage V after one (1) or more
of the indicators fall below the trigger levels for stage V as shown in Table 1.
(2) Public notice of declaration of groundwater use reduction program stage. The
declaration of a groundwater use reduction stage shall be publicly noticed by
posting the declaration on the city's web site and other public notification processes
deemed appropriate by the director of public works.
(3) Restricting the use of groundwater.
a. Upon the declaration of any groundwater use reduction stage by the director
of public works, city manager, mayor or city council, compliance with the
groundwater use reduction program measures shall be required and
compliance with the voluntary measures shall be encouraged.
b. Groundwater use reduction measures are attached as "Appendix A" and
incorporated herein for all purposes. for the various stages are as follows:
1) Stage 1 water restrictions
i. No resident, person or business shall waste groundwater.
ii. Groundwater shall only be used for residential landscape watering by
means of an automatic or manual irrigation system between the hours
of 7:00 a.m. to 11:00 a.m. and 7:00 p.m. to 11:00 p.m. during one day
per week according to the last digit of a resident's, person's or business'
address, as follows:
Address Ending In Watering Day Each Week
0 or 1 Monday
2 or 3 Tuesday
4 or 5 Wednesday
6 or 7 Thursday
8 or 9 Friday
Multi-family premises, schools, churches and commercial users shall
use groundwater for landscape watering only on Wednesdays, and
only during the same hours listed above for residential users.
Groundwater may be used for landscape watering by means of drip
irrigation, soaker hose, or bucket (5-gallon or less container) during

Attachment A
any day of the week but only between the hours of 7:00 a.m. to 11:00
a.m. and 7:00 p.m. to 11:00 p.m. A hand-held hose may be used any
day of the week at any time.
iii. No resident, person or business shall use groundwater to wash an
impervious outdoor ground covering such as a parking lot, driveway,
street, or sidewalk, unless for health or safety reasons.
iv. No resident, person or business shall allow landscape or irrigation
water to escape from that person's land. All leaks shall be repaired.
v. Restaurants and other eating establishments are prohibited from
serving groundwater to customers except upon request of the
customer.
vi. Every resident, person or business that owns or has possession of a
swimming pool must cover the pool with an effective evaporation
cover or screen, or evaporation shields covering at least 25% of the
surface of the pool, when the pool is not in active use. Inflatable pool
toys or floating decorations may be used to shield the water from
evaporation. Active use includes necessary maintenance that requires
removal of the cover, screen, or shields. Active use of public,
commercial and apartment pools is whenever the pool is not officially
closed.
vii. No resident or person shall wash an automobile at any location except
on their designated watering day and during the specified times, and
in no event shall groundwater used for automobile washing be allowed
to run into the streets or alleys of the city.
viii. Charity car washes are prohibited except at a commercial car wash
that recycles at least 75% of the groundwater it uses or that is certified
as a conservation car wash.
ix. The use of commercial vehicle wash facilities is allowed on any day
at any time.
x. No resident, person or business shall use groundwater for an
ornamental outdoor fountain or similar feature, unless the water is
recycled, and the only additional groundwater used for the feature is
to compensate for loss due to evaporation.
2) Stage II water restrictions
means of an automatic or manual irrigation system between the hours
of 7:00 a.m. to 11:00 a.m. and 7:00 p.m. to 11:00 p.m. during one day
per week according to the last digit of a resident's, person's or business'
address, as follows:
0 or 1 Monday
2 or 3 Tuesday
4 or 5 Wednesday
6 or 7 Thursday
8 or 9 Friday

Attachment A
iii. All prohibitions (3) through (10) in stage I shall apply to stage II.
3) Stage III water restrictions
means of an automatic or manual irrigation system only on the one (1)
designated water day in every other calendar week, and only between
the hours of 7:00 a.m. to 11:00 a.m. and 7:00 p.m. to 11:00 p.m.
according to the last digit of a resident's, person's or business' address,
as follows:
0 or 1 Monday
2 or 3 Tuesday
4 or 5 Wednesday
6 or 7 Thursday
8 or 9 Friday
iii. Filling of new pools or refilling of existing pools is prohibited unless
at least 30% of the water is obtained other than the Edwards Aquifer.
In addition, refilling is allowed only if the pool has been drained for
repairs.
iv. Newly planted landscape does not qualify for a variance in stage III
restrictions.
v. All prohibitions (3) through (10) in stage I shall apply to stage III.
4) Stage IV and Stage V water restrictions
ii. All prohibitions (3) through (10) in stage I and prohibitions (2)
through (5) in stage III shall apply to stage IV and V.
iii. When stage IV or V is in effect, the city council may convene
emergency sessions to consider other rules that may be necessary to
further restrict groundwater use to allow special uses, such uses
including, but not limited to, the following:

Attachment A
1. Use necessary for public health or safety. Notwithstanding any
provision of these rules, groundwater may be used when and to the
extent it is necessary to prevent danger to public health, safety, or
welfare, or to the extent required by state or federal law.
2. Athletic fields. An owner or operator of an athletic field who files
with the city a groundwater conservation and reuse plan which has
been approved by the city council may apply groundwater to the field
in accordance with this section. Athletic fields that are not covered by
an approved groundwater conservation and reuse plan must comply
with all maximum allowable and specific restrictions provided in
these rules.
iv. Penalties for any person who violates the provisions of these stages
shall be issued with minimal to no warnings.
c. Groundwater use surcharges may shall be imposed by the city council during
any groundwater use reduction stage as an additional measure to deter water
use to aid in achieving pumping restriction goals. The groundwater use
surcharge shall be established as follows:
Monthly Groundwater Use Surcharge Fee for 2,301 cubic feet or more
Account
Type*
Stage 1 Stage 2 Stage 3 Stage 4 Stage 5
Per 100 cf Per 100 cf Per 100 cf Per 100 cf Per 100 cf
Non-Irrigation $1.00 $2.00 $3.00 $5.00 $8.00
Irrigation $2.00 $3.00 $4.00 $6.00 $10.00
* During critical drought stages, the groundwater use surcharge fees are applied to every
100 cubic feet (cf) of water consumed above the 2,300 cf threshold. Non-irrigation accounts
include residential, multi-family, institutional, and commercial water accounts.
SECTION 5. Conflicting Ordinances or Resolutions. All resolutions or ordinances or parts
thereof conflicting or inconsistent with the provisions of this ordinance as adopted and amended
herein, are hereby REPEALED to the extent of such conflict. In the event of a conflict or
inconsistency between this ordinance and any other resolution, code or ordinance of the City, or
parts thereof, the terms and provisions of this ordinance shall govern.
SECTION 6. Severability. If any section, subsection, clause, phrase, or word of this ordinance is
declared unconstitutional or invalid for any purpose, the remainder of this ordinance shall not be
affected thereby and to this end the provisions of this ordinance are declared to be severable.
SECTION 7. Open Meetings. It is hereby officially found and determined that the meeting at
which this ordinance is passed was open to the public as required and that public notice of the
time, place, and purpose of said meeting was given as required by the Open Meetings Act.
SECTION 8. Effective Date. This ordinance shall be effective from and after its approval and
passage in accordance with the Texas Local Government Code and the city charter.

Attachment A
PRESENTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALAMO
HEIGHTS, TEXAS THIS 11th DAY OF SEPTEMBER, 2023.
BOBBY ROSENTHAL, MAYOR
ATTEST:
ELSA T. ROBLES, CITY SECRETARY
APPROVED AS TO FORM:
FRANK J. GARZA, CITY ATTORNEY

Item # 4 - Water Restrictions Amendment

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