Sec. 13-5-40. Water shortages and conservation.
(a) Water shortage defined. A water shortage is declared to exist if one (1) or more of the following circumstances exist:
(1) When the Town’s total water treatment capacity and potable water consumption are approaching or at eighty percent (80%) for voluntary conservation and ninety percent (90%) for mandatory conservation; or the Town Manager otherwise determines that the Town’s raw water supply or water treatment system is insufficient to satisfy the daily water use demands for the applicable time period. Total water treatment capacity shall be determined by the Public Works Director utilizing the total combined treated water available from the Town’s Mill Creek Plant, the Stillwell Tunnel Plant and such other potable water supply systems as may be developed by the Town.
(2) When the Town is unable to treat sufficient water to maintain its treated water storage reservoirs at Stillwell, the Falls at Telluride or any other raw or treated water storage reservoirs developed by the Town, at their maximum capacity.
(3) When an emergency condition arises, such as a mechanical breakdown or reduced treatment capacity due to high stream turbidity, insufficient raw water supply or fire flow requirements.
(4) When any or all of the above is anticipated to occur in the near future and it is determined that immediate imposition of conservation measures is necessary to ensure adequate time for public awareness and education to ensure the level of compliance required.
(5) When implementation of water conservation measures is required by reason of any water court decree or stipulation.
(b) Declaration of shortage. The Town Manager or Town Council, as the case may be, shall determine if a water shortage exists and whether to implement voluntary or mandatory conservation measures and which of the measures identification below to implement. The Town Manager shall make public announcements in the news media that voluntary or mandatory conservation measures are in effect and shall include a description of the conservation measure or measures to be implemented.
(c) Conservation measures imposed by Town Manager. The Town Manager may impose any one (1) or more of the following as mandatory or voluntary conservation measures in the event of a water shortage. The measures imposed and their duration shall be reasonably calculated to address the identified water shortage. The listing below is not in order or preference, nor is imposition of one (1) a condition precedent to imposition of any subsequently listed measure.
(1) Persons will be urged to conserve water in every possible way in their homes and businesses.
(2) Persons will be urged to avoid sprinkling their lawns and watering gardens, shrubs, trees or plants unless needed to avoid damage or loss and, at any rate, not more than every second day for not more than thirty (30) minutes per twenty-four-hour period.
(3) Washing of public or private sidewalks, streets, driveways, parking areas, tennis courts, patios or other paved areas with municipal treated water shall be prohibited.
(4) Power washing of structures with municipal treated water shall be prohibited.
(5) Filling, refilling or replacement of water in swimming pools, hot tubs or landscape water features with municipal treated water shall be prohibited; provided, however, that the Town Manager may permit filling of municipal or public pools and may allow the addition of water to public or private pools, hot tubs or water features to make up for losses through evaporation or use.
(6) Installation of new public or private landscaping shall be prohibited. In the event that landscaping is required as a condition of development approval, the requirements will toll during the period of imposition of conservation measures but eventual installation will continue to be secured by any required bonding.
(7) Service of water to restaurant patrons shall be prohibited unless requested by the patron.
(8) Noncommercial washing of privately-owned cars or other motor vehicles, trailers or boats with municipal treated water shall be prohibited, except by bucket.
(9) Use of municipal treated water for commercial car washes shall be prohibited.
(10) Use of municipal treated water for irrigation for any public or private lawns, gardens, trees, shrubs, plants, municipal or school fields, golf courses, or similar grass areas shall be prohibited except for a period not to exceed thirty (30) minutes, only between the hours of 9:00 p.m. to 9:00 am., and on days designated by the Town Manager. The Town Manager shall establish a schedule for irrigation that may be determined by any method he or she deems appropriate, including the establishment of zones within the area receiving municipal water service. These restrictions shall not apply to any person engaged in the business of growing or selling plants of any kind, with respect to water for such plants only.
(d) Conservation measures imposed by Town Council.
(1) The Town Council may, in the event of a water shortage, impose by resolution one (1) or both of the following conservation measures:
a. A prohibition against the use of any municipal treated water to sprinkle or irrigate any lawn, yard, garden, landscaping or other outside area. The prohibition shall apply to all residences, businesses and institutions, as well as all parks and public buildings. The restriction shall not apply to any person engaged in the business of growing or selling plants with respect to such plants only.
b. A prohibition against any new connections to the municipal water system; provided that applications pending on the date of the adoption of the resolution imposing this restriction shall be granted a connection. For purposes of this Section, pending applications means any applications for development that require new or additional water taps filed with and certified complete by either: (1) the Planning Director if approval under the Land Use Code is required prior to issuance of a building permit; or (2) the Building Official if no approval under the Land Use Code is required.
(2) Prior to and as a condition to imposition of either or both of the above, the Town Council shall have found and determined that the water shortage is of such severity or possible duration that imposition of the water conservation measures described in Subsection (c) above are inadequate and immediate imposition of one (1) or both of the water conservation measures described in this Subsection is required for the preservation of public health and safety. The facts underlying such determination shall be specified in the resolution imposing the measures.
(e) Applicability. The water conservation measures shall apply to all users and properties served by the municipal water system, whether the point of connection or of consumption of such service is located inside or outside the Town boundaries.
(f) Termination of conservation measures. Voluntary or mandatory conservation measures may be reduced or terminated upon the announcement of the Town Manager (or Town Council with respect to measures imposed by the Town Council) when the water shortage requiring such measures has abated. (Prior code 13.30.040; Ord. 1288 §1, 2008; Ord. 1508 §1, 2020; Ord. 1565 §1, 2023)