From time to time, the City’s water supply or capacity to treat water may become significantly constrained so that customary and usual demands cannot be met. Under these conditions, the Council may find, and declare by resolution, a public Water Watch, Water Warning, or Water Emergency, during which time the following measures and provisions shall be in effect to produce an orderly and equitable reduction in water consumption until, by resolution, the Council finds and declares the constraint conditions to be ended.

   1.   Water Watch. A Water Watch may be declared when a water shortage or equipment failure poses a potential threat to the ability of the water system to meet the needs of its customers currently or in the foreseeable future. Indicators of the need to impose a Water Watch include: system operating at 75 percent of pumping capacity; moderate decrease in the pumping water level of wells or moderate decrease in recovery rate of water level in wells.

   2.   Water Warning. A Tier I or Tier II Water Warning may be declared when a water shortage or equipment failure poses a serious threat to the ability of the water system to meet the needs of its customers currently or in the foreseeable future. Indicators of the need to impose a Tier I Water Warning include: system operating at 85 percent of pumping capacity; significant decrease in the pumping water level of wells or significant decrease in recovery rate of water level in wells. Indicators of the need to impose a Tier II Water Warning include severe system emergencies such as a chemical spill or major system failure.

   3.   Water Emergency. A Water Emergency may be declared when a water shortage or equipment failure poses a severe and immediate threat to the ability of the water system to meet the needs of its customers. Indicators of the need to impose a Water Emergency include: system operating at 95 percent of pumping capacity; serious decrease in the pumping water level of wells or serious decrease in recovery rate of water level in wells.

   Under a Water Watch, all customers of the water utility are encouraged to limit or curtail all nonessential uses of water in order to conserve water resources during the time or shortage or equipment failure. Customers may be encouraged to comply with the following voluntary standards:

   1.   No watering of lawns, shrubs, or gardens between the hours of 6:00 a.m. and 8:00 p.m.

   2.   No water should be used to fill private swimming pools, children’s wading pools, reflecting pools, or any other outdoor pool or pond.

   3.   No water should be used to wash streets, parking lots, driveways, sidewalks, or building exteriors.

   4.   No water should be used for nonessential cleaning of commercial and industrial equipment, machinery, and interior spaces.

   5.   Water should be served at restaurants only upon the request of the customer.

   Under a Tier I Water Warning, no person shall use potable processed water of the municipal water service in any manner contrary to the following:

   1.   Outdoor watering or irrigation of lawns is prohibited.

   2.   Outdoor watering of any kind is prohibited between the hours of 6:00 a.m. and 8:00 p.m. daily.

   3.   Watering or irrigation of flower and vegetable gardens, trees and shrubs less than 4 years old, and new seeding or sod is permitted once per week with an application not to exceed one inch.

   4.   Car washing is prohibited except in commercial establishments that provide that service.

   5.   No water shall be used to fill private swimming pools, children’s wading pools, reflecting pools, or any other outdoor pool or pond.

   6.   No water shall be used to wash streets, parking lots, driveways, sidewalks, or building exteriors.

   7.   No water shall be used for nonessential cleaning of commercial and industrial equipment, machinery, and interior spaces.

   8.   Water shall be served at restaurants only upon the request of the customer.

   9.   Use of water-consuming comfort air conditioning equipment which consumes in excess of 5 percent of the water circulating in such equipment is prohibited.

   10.   Tankload water sales may be curtailed or eliminated.

Water reclaimed or recycled after some primary use, such as water that has been used for washing or cooling, may be used without restriction. Additionally, water derived from other sources than the City water utility, such as water condensed from the atmosphere by air conditioners or collected from rain or snow, may be used without restriction.

   Under a Tier II Water Warning, no person shall use potable processed water of the municipal water system in any manner contrary to the following:

   1.   All outside water use, except for domestic, sanitation, and fire, is prohibited.

   2.   All commercial and industrial use of water not essential in providing products or services is prohibited.

   3.   Irrigation of agricultural crops is prohibited.

   4.   Recreational and leisure water use, including lawn and golf course watering and other incidental or recreational use, is prohibited.

   5.   Water use not necessary for the preservation of life or the general welfare of the community is prohibited.

   Under a Water Emergency, Tier I Water Warning use restrictions will be in effect and, in addition, each customer will be afforded a monthly allocation of water.

   The base allocation of water for residential use shall be 3,000 gallons per household per billing period. For commercial, industrial, or institutional use, the base allocation shall be established by resolution as a percentage of the average water used during the previous winter (November through April).

   1.   A Water Appeal Board shall be appointed during any Water Warning or Water Emergency. The Water Appeal Board shall consist of the Mayor, the Superintendent of the water system, and the City Administrator. The Water Appeal Board shall hear appeals of any action taken pursuant to a Water Warning or Water Emergency; except that, if a customer is charged with a municipal infraction relating to this chapter, that proceeding shall be conducted pursuant to Section 364.22 of the Code of Iowa.

   2.   The decision of the Water Appeal Board may be appealed by the applicant to the Council. The Clerk shall notify the applicant by ordinary mail, and shall give public notice in accordance with Chapter 21 of the Code of Iowa, of the date, time, and place for the regular or special meeting of the Council at which the hearing on the appeal shall occur. The hearing shall be scheduled for a date not less that four or more than 20 days after the filing of the appeal. The rules of evidence and procedure, and the standard of proof to be applied, shall be the same as provided by Chapter 17A of the Code of Iowa. The applicant may be represented by counsel at the applicant’s expense. The enforcement officer may be represented by the City Attorney or by an attorney designated by the Council at City expense.

   3.   The decision of the Council shall be rendered in writing and may be appealed to the Iowa District Court.

   Any person may file an appeal with the Water Appeal Board within seven days of implementation of the Water Warning or Water Emergency to adjust the base allocation amount. The Water Appeal Board may grant an adjustment to the appellant based upon the following criteria:

   1.   For single-family residential use, the base allocation may be increased by 1,000 gallons per person per billing period for all individuals residing at the appellant’s residence for a period of more than 30 days.

   2.   For commercial, industrial, institutional, or other residential uses, the base allocation may be increased based on factors appropriate to the individual customer, such as usage, production, service, and occupancy data provided by the customer.

   In addition to the water rates duly exacted by the Council, all persons shall pay a premium rate of $20.00 per 1,000 gallons of water consumed in excess of the base allocation.

   Any person may file for adjustment of the premium rate charges for imprudent water consumption with the Water Appeal Board. The Water Appeal Board may grant an adjustment of the premium rate charges in accordance with the following criteria:

   1.   Adjustments may be granted for overconsumption due to mechanical failures such as broken or leaky pipes or fixtures but not for overconsumption due to human carelessness.

   2.   The applicant shall furnish proof that the mechanical failure was repaired promptly. This should be in the form of a licensed plumber’s invoice or statement or a materials receipt.

   3.   The adjustment shall be granted only for the billing period prior to the correction of the failure.

   4.   For those accounts granted an adjustment of the premium rate charges, the minimum adjusted rate shall be 40 percent of the actual bill which shall include the premium rate charges and sales tax.

   The following penalties shall apply for violations of Water Warning uses restrictions imposed under this chapter.

   1.   First Violation. For a first violation, the utility shall issue a written notice of violation to the water user violating the water use restrictions imposed during a Water Warning or Water Emergency.

   2.   Second Violation. For a second violation within a 12-month period, a one-month surcharge shall be imposed in an amount equal to 50 percent of the previous month’s water bill.

   3.   Subsequent Violations. For any subsequent violations within a 12-month period, a one-month surcharge shall be imposed in an amount equal to 50 percent of the previous month’s water bill and, in addition, the utility shall interrupt water service to that customer at the premises at which the violation occurred. Service shall not be restored until the customer has paid the reconnection fee and has provided reasonable assurance that future violations of Water Warning or Water Emergency use restrictions will not occur.

Any customer charged with a violation of the Water Warning or Water Emergency use restrictions may request a hearing before the Water Appeal Board. The Water Appeal Board may conclude that a violation did not occur or that the circumstances under which the violation occurred warrant a complete or partial mitigation of the penalty.

   The Superintendent is authorized, after giving notice and opportunity for hearing before the Water Appeal Board, to reduce the flow of water to any person determined to be using water in any manner not in accordance with this chapter during a Water Warning or Water Emergency.