§ 90-102. Water shortage plan generally.

(a)

Declaration. The board of county commissioners may declare a water shortage exists within all or part of the county when it determines insufficient water is available to meet requirements, or when conditions require temporary reduction in total use within the area to protect water resources from serious harm.

(b)

Classification of permits. For the purpose of the water shortage plan each permit shall be classified as follows:

(1)

Source classifications:

a.

Groundwater. The board of county commissioners may further classify groundwater source permits according to the aquifer or other groundwater source.

b.

Surface water. The board may further classify permits according to the source of surface water from which the water is to be withdrawn, diverted or impounded.

(2)

Use classifications:

a.

Domestic use includes individual personal needs or household purposes such as drinking, bathing, heating, cooking, or sanitation uses.

b.

Essential service includes fire department, hospital or other emergency service uses.

c.

Public supply includes use by municipal and private water systems.

d.

Livestock includes uses for domestic or commercial livestock.

e.

Agricultural includes uses for the production of crops and farm products.

f.

Industrial includes uses for manufacturing, commerce, trade and industry.

g.

Mining includes uses for the extraction, transportation, or processing of minerals.

h.

Power includes uses for the production of electric power.

i.

Recreational includes for water oriented recreation including, but not limited to, fishing, boating and swimming.

j.

Golf courses. Use for the game of golf with a series of nine or 18 holes each including tee, fairway, and putting green and often one or more natural or artificial hazards.

The Board may establish additional reasonable use classifications as it deems necessary. The above listing does not establish a priority ranking system.

(c)

Provisions and restrictions. Upon declaring a water shortage within all or part of the County, the Board of County Commissioners may impose upon any classification of permits the following restrictions:

(1)

Provisions for water users in an area to make voluntary agreements with the concurrence of the Board of County Commissioners or the County Administrator to provide for the mutual reduction, sharing, or rotation of use.

(2)

Provisions for the distribution of water to permittees in exchange for ceasing or reducing groundwater extraction.

(3)

Regulations for the metering, or well pump revolution counting, and reporting of all water used, diverted, impounded, extracted or withdrawn.

(4)

Regulations to maintain minimum flows and minimum levels.

(5)

Regulations to protect against saltwater intrusion or other deterioration of water quality including the closing and plugging of wells.

(6)

Restrictions on the total amount of water that may be used, diverted, impounded, extracted, or withdrawn during any day, month or year.

(7)

Restrictions on the timing of use, diversion, impoundment, extraction or withdrawal of water.

(8)

Restrictions on pumping rates or diversion rates.

(9)

Such other provisions or restrictions necessary to protect water resources from serious harm.

(d)

Exercise of powers. In declaring a water shortage and determining classes of permits to be restricted, the Board of County Commissioners shall consider the public interest and the following guidelines:

(1)

Domestic use exclusive of lawn and ornamental plant irrigation, normally has the highest priority.

(2)

Users that supply necessities to people are preferred over other users.

(3)

Public users are preferred over private users of the same type of use and source.

(4)

Users subject to serious loss of invested capital if supplies are reduced are preferred over others as necessary to protect investments considering the severity of the water shortage.

The above listing does not establish a priority ranking system.

(Ord. No. 74-50, § 1(2.09))