1. (a) A drought contingency plan for a retail public water supplier, where applicable, shall provide information in response to each of the following:

   1. (1) Minimum requirements. Drought contingency plans shall include the following minimum elements:

      1. (A) Public involvement. Provision shall be made to actively inform the public and affirmatively provide opportunity for public input into the preparation of the plan. Such acts may include, but are not limited to, having a public meeting at a time and location convenient to the public and providing written notice to the public concerning the proposed plan and meeting.
      2. (B) Public Education. Provision shall be made for a program of continuing public education and information regarding the drought contingency plan.
      3. (C) Coordination with Regional Water Planning Groups. The drought contingency plan must document coordination with the Regional Water Planning Groups for the service area of the retail public water supplier in order to insure consistency with the appropriate approved regional water plans.
      4. (D) specific criteria for the initiation and termination of drought response stages, accompanied by an explanation of the rationale or basis for such triggering criteria;

      5. (E) drought or emergency response stages providing for the implementation of measures in response to at least the following situations:

         1. (i) reduction in available water supply up to a repeat of the drought of record;
         2. (ii) water production or distribution system limitations;
         3. (iii) supply source contamination; or
         4. (iv) system outage due to the failure or damage of major water system components (e.g., pumps).
      6. (F) an assessment of water management strategies to be used when flows are at 75 percent of normal and when flows are at 50 percent of normal;
      7. (G) a description of the information to be monitored by the water supplier and the procedures to be followed for the initiation or termination of drought response stages;
      8. (H) procedures for notification of the public of the initiation or termination of drought response stages;

      9. (I) specific water supply or water demand management measures to be implemented during each stage of the plan including, but not limited to, the following:

         1. (i) curtailment of non-essential water uses; and
         2. (ii) utilization of alternative water sources and/or alternative delivery mechanisms with the prior approval of the executive director as appropriate (e.g., interconnection with another water system, temporary use of a non-municipal water supply, use of reclaimed water for non- potable purposes, etc.)
      10. (J) procedures for granting variances to the plan; and
      11. (K) procedures for the enforcement of any mandatory water use restrictions including specification of penalties (e.g., fines, water rate surcharges, discontinuation of service) for violations of such restrictions.
   2. (2) Privately-owned water utilities. Privately-owned water utilities shall prepare a drought contingency plan in accordance with this section and shall incorporate such plan into their tariff.
   3. (3) Wholesale water customers. Any water supplier that receives all or a portion of its water supply from another water supplier shall consult with that supplier and shall include in the drought contingency plan appropriate provisions for responding to reductions in that water supply.
2. (b) The water supplier shall notify the executive director within five business days of the implementation of any mandatory provisions of the drought contingency plan.
3. (c) The retail public water supplier shall review and update, as appropriate, the drought contingency plan, at least every five years, based on new or updated information, such as the adoption or revision of the regional water plan.

Source Note:The provisions of this §288.20 adopted to be effective February 21, 1999, 24 TexReg 949.