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Trigger Points/Action Elements

Stage One: Water Alert.

The Water Services Director can initiate a stage one water alert response when the Salt River Project or the Central Arizona Water Conservation District announces reductions in allotments to the City of Phoenix water service area; when an insufficient supply appears likely due to water system limitations or structural failure; or when a catastrophic incident threatens the existing water supply or water delivery system. Such a shortage may be system-wide or confined to a segment or portion of the service area.

A water alert is effective upon declaration by the Water Services Director and publication of notice. It can be terminated when the director determines the conditions that prompted the alert no longer exist, or when a more advanced stage of drought condition is declared.

The water alert triggers an intensive public education and information program to assist all customers impacted by the shortage to help them understand the state of the water shortage condition and the need for voluntary action.

City of Phoenix staff will direct their resources to enforcement of all existing city ordinances that influence water use or misuse. City departments will be charged with the responsibility of monitoring their own water use and curtailing unnecessary or wasteful use. Departments will be asked to reduce use by five percent, and may be required to report conservation actions to the Water Services Director. Water Services Department staff will assist departments in their efficiency efforts.

Stage Two: Water Warning.

A stage two water warning may be declared when water deliveries from Salt River Project or Central Arizona Water Conservation District are reduced. It can also be triggered by an insufficient supply situation that occurs due to water system limitation or structural failure, or when a catastrophic incident limits the existing water supply or water delivery system. Again, the declaration may designate the entire water service area served by the City of Phoenix, or a portion or portions of the service area, as affected.

Upon declaration by the Water Services Director of a stage two water warning, and publication of that declaration, elements of stage two water warning may become mandatory and be enforced, in addition to stage one elements. Such elements may include mandatory curtailments of water for certain types of non-essential use and water billing surcharges for certain types of uses, or for all uses of water. If and when the Water Services Director becomes aware of any water misuse, the director has authority to take action, including installation of flow reduction devices, rationing, or other mandatory measures up to and including disconnection of service.

The director also has the authority to take other enforcement actions as necessary to assure compliance with the required water use reduction. A written notice shall be placed on the property where the violation occurred and a duplicate notice will be mailed to the person who is regularly billed for the service where the violation occurs, and to any other person known to the department who is responsible for the violation or its correction. The notice will describe the violation and order that it be corrected within such specified time as the department determines is reasonable under the circumstances. If the order is not complied with, the department may take action to disconnect the service where the violation occurs. If a service is disconnected, assessment of a fee, to be determined by the Water Services Department, will be assessed and collected before service is restored. That fee is in addition to other fees or charges imposed under the drought response code for disconnection or reconnection of service.

Upon a second violation at the same property or by the responsible party, disconnection may be ordered immediately. Under that circumstance, service will not be restored unless a flow restriction device, supplied by the department is installed. Furthermore, a fee for reconnection may be imposed in addition to other fees or charges imposed by this chapter for the disconnection and reconnection of service.

The Water Services Director is authorized to terminate a stage two water warning when water allotments, deliveries, storage, or distribution system conditions are determined to be sufficient to meet consumption demand without mandatory use reduction.

Stage Three: Water Emergency.

The Water Services Director may declare a stage three water emergency when additional reductions in deliveries will occur. Stage three may also be triggered when a supply insufficiency due to system limitation or structural failure has occurred, and stage two water use reduction measures, inter-service area water transfers, water withdrawals from city wells, and other feasible water supply augmentation measures will be insufficient to meet water demands in the service area without further restrictions.

As with previous stages, the director may designate the entire water services area served by the City of Phoenix, or a portion or portions of the service area as affected, in the event the shortage is not system-wide.

Upon implementation by the Water Services Director or designated representative, mandatory water use reduction programs will be implemented and the appropriate surcharge or surcharges will be recalculated and applied to meet the increased regulation and enforcement expenses.

Stage Four: Water Crisis.

The Water Services Director may declare a stage four water crisis when, based on the severity of the crisis, additional austerity measures must be instituted as determined by the Water Services Director to protect human health and safety.

The Water Services Director shall declare stage four water crisis when stage three emergency supply and use reduction programs are insufficient to meet water demand.

Such a declaration, again, may designate the entire water services area served by the City of Phoenix, or a portion or portions of the service area as affected, in the event the shortage is not system-wide. In addition to any other remedy available, the director is authorized to set water prices in the form of a surcharge, or surcharges, adjusted to reduce demand to match available supplies.

Reduction Implementation at All Stages
During drought or other supply shortage conditions, the Water Services Director will monitor the projected supply and demand for water on a daily basis and will advise the City Manager on the extent of the water use reduction required and the level of implementation of use reduction measures to be placed in effect to assure the department can to prudently plan for and supply necessary water.

Following such notification, the Water Services Director may order that the appropriate phase of water use reduction be implemented or terminated in accordance with the applicable provisions of this plan and enabling codes of the City of Phoenix.

Implementation orders will be made public and are effective following publication in a daily newspaper a minimum of one time.

Applicable restrictions shall take effect and be enforceable upon publication of the notice. Restrictions due to a sudden or catastrophic water treatment or delivery system failure, or unforeseen sudden increases in demand for water, are enforceable immediately following the filing of intent with the office of the City Clerk. Restrictions will remain in effect until such time as they are rescinded.

Surcharges, Fees, Penalties, and Variances
The assessment of surcharges, fees, and penalties under this plan is strictly an exercise of the city’s regulatory and police power. Monies collected from reconnection fees, penalties, and surcharges are not considered rates for production of water revenue. Those monies will be placed in a special fund and will be used for, but not limited to, meeting the expenses of enforcement of restrictions under this plan, or for providing demand reduction assistance to customers, meeting demand reduction-induced cash shortfalls, or augmenting water supplies.

The Water Services Director or a designated representative may grant written variances to persons who apply, on forms supplied by the City, for usage of water not in compliance with the water use reduction programs or for relief of the drought surcharge. Variances will be granted if it is found that such water use is necessary to prevent an emergency condition relating to health or safety, extreme economic hardship, or essential government services such as police, fire, and similar emergency services. Variances also will be considered for customers who have already made every reasonable effort to reduce water use.

Efforts made to conserve water at any time prior to onset of drought conditions may also be considered in granting a variance. The grant of a variance and the grounds for granting such a variance are considered public record and may be posted or published at the Water Services Department’s discretion in the interest of community interest and public acceptance of drought restrictions and the granting of the variance.

Limited Exemption for Reclaimed Water.
The Water Services Director may exempt certain uses and users of reclaimed water from any or all of the water use reduction requirements and drought restrictions contained in this plan. Users must apply for exemption on forms supplied by the Water Services Department. Only the use of reclaimed water may be exempted from provisions of the drought plan. Users of both reclaimed water and potable water will not be exempt from restrictions on the use of potable water, and must comply with restrictions in effect during all stages of the plan.

The Water Services Director, in the interest of equity and community acceptance of such exemption on the use of reclaimed water during a declared drought, may require exempt users to clearly post notices to the effect that the water being used is not from the public drinking water supply, and that the use conforms to restrictions in force at the time. Failure to make such posting in a timely fashion may, at the discretion of the director, result in loss of exemption from the provisions of this drought plan.