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HomeMy WebLinkAboutItem - Agenda w-Hillsborough 03-22-2004MEMORANDUM TO: County Commissioners COPIES: John Link, County Manager FROM: Paul Thames, PE, County Engineer DATE: March 18, 2004 SUBJECT: Hillsborough water conservation /drought ordinance item for March 22, 2004 joint meeting with Hillsborough ATTACHMENTS: Draft Report on Eno River Capacity Use Agreement, water conservation /drought ordinances, Hillsborough water rate issues As per the request of the Manager, I have attached a draft report touching on a potential item of discussion on the agenda for the March 22, 2004 joint meeting between the BOCC and the Hillsborough Town Board. The report remains in draft form and is submitted for information and review only by Commissioners, the Manager and the Attorney until I finalize it in response to input or questions from the BOCC or individual Commissioners, the Manager and Attorney. Although the report is only in draft form, the Manager and I felt that it is proper that Commissioners have access to this information prior to facing a discussion on a proposed modification or complete overhaul of the Town's water conservation/drought ordinance (and the County's ordinances if they are to continue to tract together) and the implications of the proposal relative to BOCC goals and values pertaining to water use, conservation and development. If I may provide additional information, please advise. MEMORANDUM.- draft TO: County Commissioners COPIES: John Link, County Manager Geof Gledhill, County Attorney David Stancil, ERCD Director Craig Benedict, Planning Director FROM: Paul Thames, PE, County Engineer DATE: March 18, 2004 SUBJECT: Eno River Capacity Use Agreement, water conservation /drought ordinances, Hillsborough water rates ATTACHMENTS: Eno River Capacity Use Agreement, proposed (by the Town's Water Sewer Advisory Committee) outline of a water use restriction ordinance applicable to Town water customers, existing County Water conservation /drought Ordinance General As per the request of the Manager, this report providing information related to history and the use of water from the Eno River and involving the interests of both the County Commissioners and the Town of Hillsborough is provided for BOCC review. Only one of these issues and interests represents the driving motivation for providing the BOCC with all of this information at this time: the Town of Hillsborough wants the Town and County water conservation /drought ordinances to be modified to allow more water consumption by Town water customers (as opposed to all water customers) during periods of low flow in the Eno basin. The Town wishes to consider the proposed modifications for adoption in the next few months (prior to the onset of the low flow period) and has requested that the BOCC review and comment on proposed modifications. As the County water conservation /drought ordinance governs water use by Town customers living outside the Town, the Town hopes that the County will modify its own water conservation /drought ordinance to track with the Town ordinance. However, discussion of water conservation /drought ordinances must be put in context with other issues that are related and are of concern to the BOCC. Accordingly, information on and /or County staff analysis of issues involving the Eno River Capacity Use Agreement, Hillsborough utility rates and water conservation issues is also provided. The specific topics of this report are: • The history and implementation of the Eno River Capacity Use Agreement • The integration of Hillsborough's west fork reservoir into Capacity Use Agreement • Hillsborough's water /utility rates • Coordination /Modification of County and Town water conservation /drought ordinances • Water conservation of Eno River water supplies draft The manner and extent to which these issues and topics are interrelated can be inferred by and through general "statements of fact" as outlined below: 1. The Eno River Capacity -Use Agreement controls how much water can be drawn from the Eno /Lake Orange system and under what conditions. 2. Other than a requirement for an instream flow release /contribution, the Capacity Use Agreement does not control how much water can be drawn from the Eno/West Fork Reservoir system. 3. Historically, the County and Town of Hillsborough water conservation /drought ordinances have tracked fairly closely to one another and with the Capacity Use Agreement, although the Agreement functions to limit how much water the utility systems can use while the ordinances function to limit how much water individual customers/ consumers can use. 4. The Town has very high water rates as a consequence of the combination of recently incurred high dollar capital costs (West Fork Reservoir and water plant improvement and expansion) and dramatically reduced water sales (loss of +/- 40% of water sales /demand with closing of Flint Fabrics). 5. The Town hopes to bolster water demand (and generate lower water rates) by relaxing the provisions of its own drought ordinance — applicable to half of its customer base - and convincing the County to do likewise, at least to the portion of the County ordinance applicable to the remaining half of its customer base (as opposed to the portion of the County ordinance applicable to the Orange- Alamance customer base). 6. The Town or the Town's Water and Sewer Advisory Committee proposes that the drought ordinance be modified whereupon voluntary water restrictions would be implemented when it has less than 180 days of water supply remaining (counting water supply from both the West Fork and Lake Orange reservoirs) and mandatory restrictions would be implemented when it has less than 135 days of water supply remaining (under the Town's current water demand rate, Lake Orange would be empty or nearly empty before mandatory restrictions would be implemented). 7. The BOCC has historically placed a high value on water conservation as in accordance with its general emphasis of environmental protection. The Board's concerns related to water conservation have been raised to even higher levels as a consequence of the recent severe drought. The BOCC has expressed deep concern and sympathy for the Town of Hillsborough's out -of -town water customers who have complained to the Board of the very high (double in -town' rates) water /sewer utility rates they pay. Unfortunately, water conservation measures generally have the effect of increasing water /sewer unit costs /rates in that a utility's high fixed costs (salaries, capital costs, etc.,) must then be spread out over fewer units sold. draft 8. The BOCC has expressed a goal or at least an serious interest in adopting a comprehensive and cohesive water conservation /drought ordinance that uses common terms and sets common conditions for water use restrictions and conservation measures applicable to all OWASA, Town of Hillsborough and Orange - Alamance water customers falling under County jurisdiction. It is clear that there are a number of contradictory concepts or elements contained in above the "statements of fact ". It is likewise clear that it will be very difficult to refine or modify these contradictory elements to achieve some level of congruity. Eno River Capacity Use Aqreement According to the 1987 Capacity Use report, the historical roots of the impetus to evaluate and control water use in the Eno basin stemmed from the total dewatering of the Eno riverbed below Lake Ben Johnson (Hillsborough's run of the river reservoir and raw water intake location) for prolonged periods "particularly after 1977 ". In 1979, Orange County established a water resources task force to address water supply issues. The task force report issued in 1981 alluded to the possible designation of the Eno as a capacity use area. Growth, rising water demand and riverbed dewatering problems continued unabated in subsequent years. In July 1986 the County adopted its water conservation /drought ordinance which limited water use by individual water customers /consumers on the basis of the amount of water storage remaining Lake Orange; and, in November 1986, the BOCC formally requested that the NC Division of Water Resources initiate a full capacity use investigation. The capacity use investigation culminated with the completion in September 1987 of the "Report on the Eno River Area Capacity Use Investigation ". This report recommended, among other things, that the entire Eno basin upstream of the confluence of the Eno and Little Rivers in central Durham County be designated a surface and ground water capacity use area. During the period of time between the completion of the report and May of 1989, the stakeholders in the Eno water use issue (Orange County, Town of Hillsborough, Orange - Alamance Water System, Piedmont Minerals, and NC Division of Water Resources [DWR]) entered into a voluntary "Eno River Capacity Use Agreement" which dealt only with surface water use at and upstream of Hillsborough. In accordance with the provisions of the Capacity Use Agreement, Hillsborough, Orange Alamance and Piedmont Minerals have voluntarily committed to a process in which limitations on the quantity of raw water withdrawn from the Eno are initiated by a specific naturally occurring low instream flow condition. That is, when natural instream flow (flow not supplemented by releases from Lake Orange) falls below a daily average of 10 cubic feet per second [cfs] or approximately 6.5 million gallons per day [mgd] for seven consecutive days, the first level of withdrawal limits are implemented. Each of the individual withdrawal allocations is specified as a daily withdrawal (ex. Hillsborough at 1.51 mgd) but is actually calculated as a daily average over a seven -day period (for example, Hillsborough's daily withdrawal rates could [and often do] vary between 0.9 mgd and 1.8 mgd over a seven -day period but still average 1.5 mgd or less for the week). Individual withdrawal allocations from the Eno River are further reduced according to water levels (and water storage remaining) at Lake Orange (for example, Hillsborough's allocation is draft reduced to 1.36 mgd when the Lake Orange water level drops to two feet below full). Orange County's role in the agreement is to coordinate the overall operational activities related to water withdrawals; to release water from Lake Orange as necessary to meet the withdrawal demands; and to maintain a minimum rate of instream flow (1.7 cfs [1.1 mgd] specified to be an instantaneous minimum flow target) in the river as measured at the Hillsborough gage (a USGS operated stream flow gage located south of Town, below the last point of withdrawal but above the point where the Town discharges treated wastewater into the river). In the months and years since the agreement was first ratified, it has been modified in terms of operational requirements to allow for reasonable controls and to account for instream releases from Hillsborough's West Fork Reservoir. Specific operational changes include: 1) modifying the low instream flow trigger (requiring seven consecutive days of low instream flow) initiating withdrawal restrictions and the high instream flow trigger (requiring seven consecutive days of high instream flow) curtailing withdrawal restrictions; 2) allowing withdrawing entities to share unused portions of their allocations with sufficient notice; and 3) allowing essentially unlimited water withdrawals during periods of restriction when short -term (at least 24 hours) but high (above 10 cfs) instream flows exist as a consequence of intense and prolific thunderstorms; and 4) providing for higher instream flows by requiring and instream flow contribution from the west fork reservoir. Over the fifteen years that the Eno River Capacity Use Agreement has been in effect, the specified system of controlling withdrawals and releases has worked fairly well. In general, capacity use restrictions are in effect for a period ranging, on average, from early July to late December. Significant deviations to the usual low flow (dry) period include the summer /fall of 1989 and 2003 which were sufficiently wet that Capacity Use restrictions were not implemented at all and the drought of 2002 when the low flow period spanned from the beginning of April until the end of October. There have been occasions numerous occasions when operational difficulties have been encountered in the effort to limit withdrawals and maintain instream flow. Often the outcome of these difficulties has been a period of time when there was either too much or too little water was released for instream flow. Many of the problems have been related to equipment failure: the water release gates at Lake Orange and power outages and other failures at the USGS stream flow gage, for example. There have also been instances where excessive amounts of water were withdrawn for weeks at time. The processes of adjusting the release of water from Lake Orange (it is often 24 hours or more before such adjustments become evident as an increase or decrease in flow at the Hillsborough gage) and predicting when the users must reduce their Eno water withdrawals and supplement their water demand by other sources are often unwieldy and inaccurate. However, regardless of the various operational problems, stream -watch monitoring of macro - invertebrate populations and water quality parameters in the Eno River below Hillsborough has shown.the river to be more healthy during dry times than the upper reaches of the Little and Flat Rivers, which have much larger drainage areas and no water withdrawals upstream of the monitoring points. Addition indications of the efficacy of the Capacity Use Agreement may found by evaluating how the system worked during the 2002 drought in which this area, including the Eno basin, experienced the most severe r9 raft 4 drought conditions evident in more than 75 years of official rainfall /streamflow record keeping. Although a critical water supply shortage was narrowly averted, the drought eventually came and went without completely emptying Lake Orange and with several months of water supply (sufficient to meet at least Hillsborough's demand) remaining in the West Fork reservoir. Insofar as the West Fork Reservoir is concerned, the Capacity Use Agreement does not specify any limit on Hillsborough withdrawals from the reservoir. With the exception of the requirement for an instream flow contribution, the agreement treats water from the reservoir as if it were an outside the Eno basin water supply similar to Hillsborough's historical purchases of treated water from OWASA or the City of Durham. West Fork Reservoir Construction of the Phase I reservoir (impounding approximately 786 million gallons of water when filled to an elevation of approximately 633.0 feet MSL, surface area of 204 acres) was essentially completed in the fall of 2000. The net fifty year safe yield of the Phase I reservoir (not including releases for instream flow) has been estimated to be 1.8 million gallons per day, giving the Town a total raw water availability of approximately 3.2 mgd under the first stage of Eno River Capacity Use Agreement withdrawal limitations. Note: the term "50 -year safe yield" represents a statistical projection or extrapolation that essentially means that, at a daily draft of 1.8 million gallons, there is a 100% probability that the reservoir will be completely depleted once in a 50 year period and /or a 2% probability that it will be depleted in any given year. The Town began filling the reservoir in early 2001 after a resolving several problems that allowed water to leak out of the reservoir through its intake /release structure. In spite of the severe drought of 2002, the reservoir has been filled to capacity since December 2002. Releases from a partially filled (approximately 60 %) reservoir during the summer and early fall of 2002 helped prevent the total draw -down of Lake Orange during the drought of 2002 and afforded the Town a reliable supply of raw water when its Eno allocation had been significantly reduced and no water was available for transfer from either the City of Durham or OWASA. The plethora of permitting requirements imposed on the construction /development of the reservoir by permitting authorities (US Army Corps of Engineers, US and NC Fish and Wildlife, NC Division of Land Quality — Dam Safety section, NC Division of Water Resources) include only one condition which modifies the terms and conditions of the Eno River Capacity Use Agreement. Hillsborough is required to constantly release an amount of water, ranging from 4.0 cfs (2.6 mgd) to 1.0 cfs (650,000 gallons per day [gpd]) to the Eno, based on the time of year and the amount of water impounded at the time of release. The 4.0 cfs is measured near the outlet from the dam intake /release structure occurs during the month of April if the reservoir is filled to 60 percent or more of its capacity. The 1.0 cfs minimum release (which includes an additional release to account for in- channel loses) is measured at the Hillsboro gage irrespective of the time of year or quantity of water stored in the reservoir. The Capacity Use Agreement has been modified only to incorporate the minimum 1.0 cfs release. draft There are no dam /reservoir permitting conditions requiring that Hillsborough use the water in the West Fork reservoir to do anything other than supplement its previously existing Eno River raw water supply. According to the Capacity Use Agreement, the Eno water supply is and has been available with only one restriction during high flow periods (total withdrawal cannot exceed an amount that equals the first stage of Eno water restrictions plus water supply available from a source outside the Lake Orange /Eno system) and with limitations during periods of low flow instream flow. There are no requirements that Hillsborough use water from its reservoir to meet its water supply demand in lieu of using its Eno allocation during low flow periods. Under permitting and Capacity Use conditions, Hillsborough may limit its releases from its reservoir to those sufficient to provide for: a) minimum instream flow release requirements; and b) the difference between its raw water demand and the water withdrawal limits specified by the Capacity Use Agreement. It is conceivable that a situation could arise in which the Hillsborough reservoir remains full or nearly full while Lake Orange has been virtually emptied. It is unlikely that Hillsborough would have ever undertaken the development of its reservoir and the associated expense if it had been required to use the new water supply as anything other than a supplement to its allocation from the existing Eno /Lake Orange system. The 1.8 mgd yield of the reservoir is not large and, absent the water supply from Lake Orange, would not serve to meet the Town's needs far into the future. Under such circumstances, developing the reservoir would not have been economically feasible. Furthermore, the practical effect of a requirement that Hillsborough use the water from its reservoir rather than that from Lake Orange would be that Hillsborough's new water supply would be used to sustain elevated levels of water use by the Orange- Alamance Water System and Piedmont Minerals as well as the normal instream flow release. This situation would arise because the elimination or reduction of releases for Hillsborough would allow the water level in Lake Orange to remain high for longer periods of time. As the Capacity Use specified instream flow and withdrawal rates for the other users are tied to the water level at Lake Orange, those rates would also remain at higher levels for longer periods. Thus, Hillsborough would be subsidizing those other water demands. Hillsborough Water /Utility Rates Over the past few years, the BOCC has been approached by individuals and groups who are Town of Hillsborough utility customers living outside of the Town boundaries. These individuals and groups have expressed strong discontent with Town utility rates and the Town's practice of charging double rates to those utility customers living beyond the corporate boundaries. Furthermore, these individuals and groups can demonstrate that that the Town's utility rates are much higher than the norm for this area. And finally, out - of -town utility customers have argued that there is no economic justification for charging Hillsborough's out -of -town customers — no matter where they live — twice the utility rate for in -town customers, no matter where they live. That the Town's utility rates are very high a matter of common knowledge and is freely acknowledged by Town officials. The Town's utility rates increased dramatically several years ago coinciding with the Town's expending the funds necessary to improve its utility draft infrastructure and develop the west fork Eno River reservoir and its loss of utility revenues with the closing of the Town's largest utility customer (Flint Fabrics, approximately 40% of the Town's total water consumption). The Town's Water and Sewer Advisory Committee has further acknowledged that it is difficult, perhaps even impossible, for the Town to fully justify the use of double utility rate for out -of -town customers The standard financial model for North Carolina municipal water /sewer utilities is that of an enterprise operation or one in which all utility costs (capital reserve, equipment replacement, debt service, personnel, maintenance, power, chemicals, billing, etc.) are recovered entirely through a utility's rate and fee structure. It is not uncommon, however, for shortfalls in utility revenues or a municipal utility fund to be addressed by transferring funds from a municipality's general fund or fund balance reserves. Furthermore, some portion of most utilities' capital and operating costs have historically been subsidized by sales tax revenues legislatively earmarked for that purpose for from other municipal funding sources such as bonds or grants. Anecdotal evidence indicates that charging double or nearly double the in -town utility rates for out -of- customers is the norm for nearly every municipally owned and operated utility in North Carolina. Utilities local to Orange County (with the exception of OWASA, which in independent of a local government) including Durham, Oxford, Mebane, Graham, Pittsboro, and Burlington utilize a utility rate structure in which the out -of -town rate approaches or even exceeds double the in -town rate. The historical precedents of utility funding and rate - setting procedure are undoubtedly a primary cause for continuing the practice of charging out -of -town customers a much higher rate than in -town customers. Aside from the fact that any municipality's general fund is the ultimate guarantor of the solvency of its utility operation, there is unlikely to be significant present -day evidence that would demonstrate that the cost of providing utility service to out -of -town customers is more than marginally greater than providing service to in -town customers for most municipal utilities. In general, capital costs incurred in the extension of utility service to new out -of -town development are paid in full by that development (and recovered in sale /rental prices of new homes and building space). Capital costs incurred in the extension of utility service to existing out -of -town developments or neighborhoods are paid or by assessments on the individual property owners in those existing neighborhoods. Capital costs associated with improvements to or expansion of treatment facilities are generally captured by capital facilities fees. Actual operating costs for a collection sub - system generally depend on the type of collection system, the topography and geology of the service area(s) and its physical proximity to a utility's maintenance facilities (out -of -town service areas could actually be closer than across -town but still in -town areas). The BOCC has communicated its concern and Hillsborough's out -of -town water customers have communicated outright dissatisfaction to Town officials as to the Town's practice of applying double utility rates to out -of -town customers. However, the Town has continued to decline to modify the practice. The Town's decisions against changing the rate structure is not particularly counter - intuitive in the sense that, with half the customer base in town and half out, modifying the rate structure such that in -town customers receive a 50% rate increase would provide out -of -town customers with only a 25% rate decrease. draft The Town's Water and Sewer Advisory Committee (citizen committee) working with Town officials has conceived a strategy that it believes could reduce utility rates for all classes of ratepayers. Specifically it believes that an increase in water consumption and sales sufficient to restore or even exceed that lost by the closing of the Flint Fabrics plant would lessen the need to charge the current high utility rates. With stabilized fixed costs (already incurred capital costs for plant expansion, reservoir, etc.) and less significant incremental costs (power, treatment chemicals, maintenance) applied to a higher quantity of sales, rates could decline somewhat. Some increase in consumption will be achieved as the Town moves to serve new development' Waterstone, Churton Grove and others. The Town also proposes to relax the restrictions on water consumption during dry periods to take advantage of its additional water supply, the cost of which has already been factored into its rate structure. Coordination /Modification of County and Town Water Conservation /Drought Ordinances When comparing dates of adoption or approval, the County and Town water conservation/ drought ordinances predate the Eno River Capacity Use Agreement by more than two years. The Capacity Use Agreement limits how much water can be withdrawn from the Eno, based on water levels — and quantity of water remaining in storage — at Lake Orange. The water conservation /drought ordinances limit how individual water consumers/ customers can actually use water, based on water levels at Lake Orange. The primary theory behind the ordinances is that a prohibition on non- or less- essential water - consuming activities such as watering lawns and washing cars will lessen the demand on the Eno system. Consequently, water for essential uses, primarily those uses involving direct human consumption, bathing, etc., will be conserved and thus available for a longer period of time. Accordingly, the ordinances work by first establishing a level or stage of voluntary reduction of non - essential water uses and then establishing stages of mandatory reductions which are increasing restrictive on non - essential and finally less- essential water uses. Ultimately, the water conservation /drought ordinances raise (but do not describe or legislate the procedures and practices) the specter of water rationing. Historically, the County and Hillsborough water conservation /drought ordinances have been nearly identical, calling for similar restrictions on water use at the same water levels at Lake Orange. However, in February 2002, the Town amended its water use ordinance to reflect the availability of water supplies to the Town from its West Fork Reservoir. The specific change was to delay going into mandatory restrictions from the Level III condition at Lake Orange (Level 1 =full, Level 11 =24" below full, Level III =37" below full, Level IV =70" below full) to the Level IV condition. Orange County's ordinance was not changed and did not remain consistent with the terms of the Town ordinance. Since the time of Hillsborough's ordinance change, there has been only the period of the 2002 drought in which the differences in the County and Town could have caused serious confusion and conflict (neither Capacity Use or Drought ordinance restrictions had to be implemented during the normally dry months of 2003). During the short period in 2002 ri raft when the County was in mandatory water use restriction while the Town was in voluntary restrictions, the County and Town reached a temporary agreement to address the conflicts. The County agreed to forgo enforcing its mandatory restrictions against the Hillsborough water customers under County jurisdiction while the Town agreed to provide additional (above Capacity Use requirements) water releases from the West Fork Reservoir to supplement releases from Lake Orange. In essence, the arrangement preserved and actually enhanced the integrity of the Lake Orange water supply for the short period (water levels in Lake Orange dropped from the Stage III to the Stage IV level in just 30 days [6/17/02 — 7/17/02] due to the unseasonably hot and dry conditions) in which the ordinance restrictions were disparate. The Town has been approached by some of its water customers who have asked that water restrictions be relaxed (given the availability of additional water supplies from a source - the West Fork Reservoir - the cost of which is already included in the water rates) or that utility rates be reduced and /or equalized between in- and out -of -town customers. The Town's response has been to seek input on these issues from its Water and Sewer Advisory Committee. As indicated earlier, the advisory committee has recommended a strategy that includes restoring the water demand /sale lost with the closing of Flint Fabrics. One method of increasing water sales — relaxing water use restrictions during the normal summer dry period — has the potential to address both complaints raised by Town water customers. For example, the Town has calculated that water restrictions imposed in 2002 cost it loss water sales more than $500,000 or 11 % of its total annual water revenues. In all probability, had the Town's proposed water use restriction imposing mandatory restrictions only when its total water supply (Lake Orange and West Fork Reservoirs) falls below 135 days of supply had been in effect in 2002, Hillsborough water customers would not have faced any water restrictions during the drought (storage in the West Fork Reservoir never fell below 150 days of supply). Consequently, the Town would not have lost the $500,000 in utility revenues. Although the Town would have incurred the incremental treatment costs, its rates could theoretically have been reduced by an amount approaching 10% overall (or by 20% to out -of -town customers with no off - setting rate increase to in -town customers). Water Conservation of Eno River Water Supplies Water conservation, including conservation of the very scarce Eno River water supply, has long been a stated value of the BOCC. Insofar as the Eno is concerned, it has been the Eno River Capacity Use Agreement that has actually accomplished this goal since its inception. Customer demand on the Hillsborough and Orange - Alamance water utilities has historically exceeded the Capacity Use specified water supply allocation of each (although Hillsborough's water demand subsequent to the close Flint Fabrics has generally been less than its Stage IV allocation). Historically, demand /Eno availability shortfalls have been addressed by acquiring water from other sources — ground water wells and purchases of treated water from Mebane, Graham and Burlington through Haw River in the case of Orange - Alamance and treated water purchases from OWASA and Durham in Hillsborough's case. It now appears that both Hillsborough (which has little draft 9 interest in water conservation in the near term) and Orange - Alamance have developed a sufficient water supply availability (generally at significant impact to their water rates) to meet their demands for at least the near term, regardless of the outcome of County - initiated water conservation /drought ordinances or other efforts. Conclusion While developing a comprehensive drought ordinance has been an ideal of the BOCC, it appears to be increasingly unlikely that the County will be able to create and adopt an ordinance specifying conditions and restrictions that address the widely varying conditions applicable to the OWASA, Hillsborough and Orange - Alamance water supplies. The process developed by OWASA to determine the water use restrictions applicable to its customers depends on a complex probabilistic risk - assessment model developed by its own staff (using historic stream flow /rainfall data in combination with demand /draw down /evaporative loss /storage projections). Given that Hillsborough has two water supply sources - one of which is shared by two other large scale users (and perhaps more given water use by the upstream turf farm) and regulated by the Capacity Use Agreement and a desire /need to sell more rather than less water, it is unlikely that a model or process similar to those used by OWASA would be acceptable to or practical for the Town. Given that Orange - Alamance has its Eno supply, three high -yield wells, contracts to purchase significant quantities of treated water, and 60% of its customer base outside of Orange County, it is questionable how much effect a County water use ordinance has on Orange - Alamance's Eno River demand under any circumstances. The water conservation goals of the BOCC are likewise in some degree of conflict with a Town of Hillsborough short -term goal of generating greater use of its water resources. This may be a conflict of limited duration as the Town recognizes that it will need to become more conservative with its water resources as its current excess capacity is exhausted. Town staff has also indicated the Town's recognition of the need to become more conservative than indicated by the drought ordinance proposal in the event that the onset of a water supply shortfall occurs early in the season (as with the 2002 drought) as opposed to late in the season (as is the norm). It appears that in the near term, Orange County should focus its water conservation efforts on continuing to: a) monitor and comply with the limitations imposed by the Eno River Capacity Use Agreement; and b) educate water consumers — those using well -water in addition to those connected to municipal water systems — as to water conservation technology (low flow toilets, shower heads, leak detection, rain barrels) and low water demand or xeriscaped ornamental landscaping and planting techniques. The County's drought ordinance would become less of a tool for water conservation efforts in the near term in that it would basically allow each water provider to dictate water use restrictions for its own customers. The new ordinance could essentially follow the concept of the existing ordinance by providing one set of conditions for the customers of the OWASA system and another set applicable to Hillsborough and Orange- Alamance customers. draft 1 fl With continued growth, Hillsborough will eventually use up its existing excess water supply capacity as well as that provided by developing the addition capacity available from completing the second phase of the West Fork Reservoir. It is difficult to project what may befall elements of Orange- Alamance's water supply components as its wells may ultimately be exhausted with prolonged use and its water suppliers may find they no longer have surplus water supply capacity. OWASA may too eventually exhaust much of the excess water supply capacity that it now enjoys. In any event, the County's water conservation /drought ordinance will have to be revisited as necessary to adapt to changing conditions in the water supply situation. Ultimately, the County's water conservation /drought ordinance may again become an important tool in the effort to insure that the customers of the County's public water utilities do not face a water shortage related public health crisis. If I may provide additional information or clarification of that information provided herein, please advise. draft 11 Town of Hillsborough - Proposed Water Restriction Stages July 24, 2003 Revision These restrictions apply to Town of Hillsborough municipal water supply usage only. Stage 0 — "No Stage" - Normal Conditions Stage 1- Voluntary Restrictions Implementation -This stage begins when the usable water capacity remaining is less than 180 days of supply. Recommendations: • Provide water saving devices to the public. • Provide daily or weekly reservoir level and water usage statistics. • Recommend water usage reduction techniques through water bills, fliers, notices, town web page and media. • Recommend a usage reduction of 10% for all customers. Stage 2 - Mandatory Restrictions Implementation -This stage begins when the usable water capacity remaining is less than 135 days of supply. Requirements & recommendations: • Require water usage reduction techniques listed in Stage 1 and limited outdoor water use. • Recommend a usage reduction of 20% for all customers. • No private car washing (commercial car washing is permitted). • No pressure washing. • Alternating day outdoor water use based upon street address (odd or even). Stage 3 — Rationing Implementation -This stage begins when the usable water capacity remaining is less than 90 days of supply. Requirements & recommendations: • Require usage reduction of 30% for both residential and business (allow special medical exemptions) • No outdoor water usage other than emergency /fire protection. • Customers will not be required to use less than the billing minimum. Enforcement: • Use billing system stop checks to catch violators (1000 bills per month). • Allow deferral of 1 st violation if achieved 50% of goal. Waive this fine if goal is reached in the second month • Graduated fines: 1`t offense= S50 Fine + Y Civil Penalty (not to exceed 32000), 2 offense = SJG Fire + 2Y Civil Penalty (not to exceed $400), P offense = S50 Fine + 3Y Civil Penalty (not to exceed 5600), 4t' offense = Discontinuation of water service until restrictions end, or until all fines are paid and assurance given that they will not violate restriction again, and subject to Town Board approval. "Y" equals the violating customer's average water bill. Proposed Town of Hillsborough Policy for Out -of -Town Violator Enforcement • Town of Hillsborough to notify Orange County Sheriff's Department for citations to be issued. • Orange County Sheriff's Department issues citation ONLY upon complaint from the Town of Hillsborough. • Orange County to notify the Town of Hillsborough (732 -2104) about complaints received regarding water restriction violators (applies to any department that receives complaint) NORTH CAROLINA ORANGE COUNTY ENO RIVER WATER MANAGEMENT PLAN IMPLEMENTATION AGREEMENT THIS MANAGEMENT AGREEMENT entered into this the day of , 1988 among Orange County, North Carolina (hereinafter "County), the Town of Hillsborough, North Carolina (hereinafter "Hillsborough "), Orange - Alamance Water System, Inc. (hereinafter "Orange- Alamance "), and Piedmont Minerals, Inc. (hereinafter "Piedmont Minerals ") for the purpose of implementing the Eno River Water Management Plan: WI T N E S S E T H: WHEREAS, the North Carolina Department of Natural Resources and Community Development, after a capacity use investigation, recommended to the North Carolina Environmental Management Commission (hereinafter the EMC) that the Eno River watershed area upstream from the confluence of the Eno River with the Little River be designated a capacity use area pursuant to the North Carolina Water Use Act of 1967 (G.S. 143 -215 et seg.); and WHEREAS, the North Carolina Department of Natural Resources and Community Development conducted a public hearing regarding the proposed designation of a capacity use area and consulted with affected water users and reservoir owners; and that after these consultations, the Department recommended to the EMC that Eno River water users and reservoir owners be given the 1 opportunity to achieve the same goals that would be accomplished under a capacity use designation by voluntary compliance with a water management plan; and WHEREAS, the EMC, in its Resolution No. 88 -13, dated September 8, 1988, accepted the Eno River Capacity Use Investigation Hearing Officer's Report, made upon consideration of the recommendation of the North Carolina Department of Natural Resources and Community Development; and WHEREAS, the Eno River reservoir owners and water users expressed willingness to follow the proposed Water Management Plan for the Eno River; and WHEREAS, the EMC endorsed the Water' Management Plan recommended by the Department and by the Hearing Officer and directed the Division of Water Resources to monitor compliance and make periodic reports to the EMC; and WHEREAS, the parties to this agreement are either major water users or otherwise have an important role in the Water Management Plan; and WHEREAS, a failure on the part of the water users and reservoir owners to comply with the Water Management Plan will likely result in the designation by the EMC of the upper Eno River watershed as a capacity use area and subsequent loss of local control. NOW, THEREFORE, the parties agree to the following specific Obligations and responsibilities: 1. Water withdrawals and reservoir releases are subject to controls and limitations as outlined in Table 1, which table is 2 attached to this agreement and made a part of it. Water users affected by controls and limitations under the water management operations plan are as follows: a) County - release from Lake Orange, Corporation Lake, and Lake Ben Johnston to meet downstream withdrawals and in- stream flow requirements. b) Hillsborough - Lake Ben Johnston withdrawal and reservoir release (as instructed by the County) , and the Hillsborough wastewater treatment plant discharge. c) Orange - Alamance - Corporation Lake withdrawal and reservoir release (as instructed by the County). d) Piedmont Minerals - Eno River withdrawal and discharge. 2. Table 1 establishes the maximum allowable surface water withdrawals and minimum flow requirements at, the Eno River Hillsborough gauge, based on the level of Lake Orange. Table 1 was approved by the EMC as a part of the Eno River Water Management Plan. The parties agree (1) to comply with the water withdrawal restrictions shown in Table 1, (2) to keep in- stream flow levels at or above the. minimum required in Table 1, and ( 3 ) to work together to improve water retention in Lake Orange and to maintain operational drawdowns at Corporation Lake and Lake Ben Johnston to improve the total water supply yield of the reservoir system. 3 3. At no time will users withdraw more than the amount allocated in Table 1 at the 100 percent level of Lake Orange unless the user has a water purchase contract with a source outside the basin. Any such contract shall be valid only after it is fully executed and filed with the Division of Water Resources. If such a contract exists, withdrawals in excess of the amount allocated (up to the contracted purchase amount) may be made when the streamflow gauge at Hillsborough registers greater than 10 cfs. As stated in one of the notes to Table 1, withdrawals in excess of the amount indicated by Table 1 may be made when the USGS streamflow gauge at Hillsborough registers greater than 3 cfs. In no event, however, may the total daily withdrawal exceed that allocated at the 100 percent level of.Lake Orange. All withdrawals will be averaged over a 7 day period (Sunday through Saturday) and compliance with the Table 1 permitted withdrawals will be based on this weekly average. The in- stream flow target at the Eno River Hillsborough streamflow gauge, however, must be maintained at all times. No averaging of streamflow targets are permitted. Schedules of water. being purchased, and how such purchases will affect withdrawals, must be provided to County at least one week before the purchase. The purchase amounts for each day will be sent with monthly reports of daily withdrawals to the Division of Water Resources. Emergency withdrawals which would cause the withdrawer to be out of compliance with the requirements of Table 4 1 must be documented and justified in writing and submitted with the monthly report to the Division of Water Resources. Subsequent conservation and reduced Eno River withdrawal may be required to mitigate lost water reserves. 4. County shall have the following specific responsibilities in addition to those stated or implied in Table l: a) Coordinating the withdrawal, release and retention of water at Lake Orange, Corporation Lake, Lake Ben Johnston, and Piedmont Minerals to achieve the water management plan requirements and to insure the in- stream flow required by Table 1; b) Informing the water withdrawers of the Lake Orange level and the Hillsborough gauge reading when Lake Orange is less than full; c) Informing the Division of Water Resources when any problems are occurring in achieving in- stream flow or meeting withrawal limitations; d) Accurately reading the USGS gauge at Hillsborough; e) Maintaining and operating the retention and release of water at Lake Orange. Maintenance and operation shall include, but is not limited to: i) legible scales _- ii) clear functioning gates iii) effective operation of valves and gates 5 iv) a flow gauge at Lake Orange (to be obtained and installed); f) Initiating regular meetings of all parties to review the management plan's operations. Any party or the State can call a special meeting of all parties based on need, and; g) Developing a chart of water use and a summary of operations as a report for water users and the Division of Water Resources on a monthly basis. 5. Hillsborough, Orange - Alamance, and Piedmont Minerals shall have the following specific responsibilities in addition to those stated or implied on Table 1: a) Maintaining and operating their respective equipment, including, but not limited to: i) legible scales ii) clear functioning gates iii) effective operation of valves and gates iv) flow gauges downstream from their withdrawal points; b) Providing withdrawal schedules to the County at least one week in advance and notifying the County immediately regarding emergencies and other necessary changes in the withdrawal schedule; c) Providing,-on a monthly basis, withdrawals for each day in million gallons per day to the L Division of Water Resources and to the County, and; d) Adjusting gates, valves, and other appropriate equipment in response to County instructions to assure in- stream flow. 6. As directed by the EMC in its Resolution No. 88 -13, the Division of Water Resources shall provide technical assistance to County and water users to assure that the management plan is being conducted in a technically correct way. 7. This Implementation Agreement shall remain in effect for so long as the Eno River Water Management Plan approved by the EMC is in effect. The Implementation Agreement may be amended consistent with the Eno River Water Management Plan upon agreement of the parties. Executed on behalf of the parties to this agreement by the officers and officials below upon the authority of duly adopted resolutions of the governing boards or boards of directors of the parties, as appropriate. H Table 1 Maximum Allowable Surface Water Withdrawals Based on Lake Orange Level Drawdown Allowable S.irface Water Wi `hdrawal Percent of in feet -- - - - - -- gallons per Storage from from top Remaining at of 1 -ft. Town of Orange- Piedmont Instream Flo Lake Orange flashboard Hillsborough Alamance Minerals Reouireme. > 100 spilling * * ** 1,100,00o 100 - 80 0.0 lr6401000 690,000 430,000 1,100,000 80 - 60 2.0 11480,000 620,000 380,000 650,000, 60 - 50 4.3 11390,000 590,000 360,000 450,000 50 - 40 5.8 1,3901000 590,000 ; 320,000 450100: 40 - 30 7.4 11230,000 520,000 190,000 0 <= 30 9.3 740,000 3101000 0 0 notes: * - adjusted to reflect outside source agreement. for Billsborough and Orange- Alamance. - Excess withdrawals from Eno River based on outside source agreement can be made when flows at Hillsborough Gage are 10 cfs and above, regardless 'of water level in Lake Orange. haximum withdrawals will be limited to the total of the contract amount and the allocated amount. - When flows are between 10 cfs and 3 cfs at the Hills- borough Gage, withdrawals from the Eno River will be limited to the 100 -80 percent of storage remaining amount- shown above, regardless of water level in Lake Orange. - When flows are less than 3 cfs at the Hillsborough Gage, withdrawals will be limited to amounts shown above for percent of storage remaining. ** - For Piedmont Minerals Inc: When flows at the Hillsborough gage are 14 cfs and above, withdrawals from the _no Rive will be limited to 900,000 gallons per day (gpd) . Between 14 cfs and and 4 cfs, withdrawals will be limited to 430,000 gpd, regardless of water level in Lake-Orange.- Below 4 cfs, withdrawals will be limited to amounts shown above for percent of storage remaining. i Revised March 1.989 Table 1 Maximum Allowable Surface Water Withdrawals Based on Lake Orange Level Drawdown Allowable Surface Water Withdrawal Percent of in feet -- - - - - -- gallons per day---------- - Storage from top Remaining at of 1 -ft. Town of Orange- Piedmont Instream Flow Lake Orange flashboard Hillsborough Alamance Minerals Requirement > 100 spilling * * ** 11100,000 100 - 80 0.0 11510,000 820,000 430,000 1,100,000 80 - 60 2.0 11360,000 740,000 380,000 650,000 60 - 50 4.3 11280,000 700,000 360,000 450,000 50 - 40 5.8 1,280,000 700,000 320,000 450,000 40 - 30 7.4 11130,000 620,0;00 190,000 0 <= 30 9.3 680,000 370400 0 0 notes: * - Adjusted to reflect outside source agreement for Hillsborough and Orange - Alamance . Excess withdrawals from Eno River based on outside source agreement can be made when flows at Hillsborough Gage are 10 cfs and above, regardless of water level in Lake Orange. Maximum withdrawals will be limited to the total of the contract amount and the allocated amount. - When flows are between 10 cfs, and 3 cfs at the Hills- borough Gage, withdrawals from the Eno River will be limited to the 100 -80 percent of storage remaining amount shown above, regardless of water level in Lake Orange. - When flows are less than 3.-cfs at the Hillsborough Gage, withdrawals will be limited to amounts shown above for percent of storage remaining. ** - For Piedmont Minerals Inc: When flows at the Hillsborough gage are 14 cfs and above, withdrawals from the Eno River will be limited to 900,000 gallons per day (gpd). Between 14 cfs and and 4 cfs, withdrawals will be limited to 430,000 gpd, regardless of water level in Lake Orange. Below 4 cfs, withdrawals will be limited to amounts shown above for percent of storage remaining. di Qu,w State of North Carolina Department of Environment, Health, and Natural Resources Division of Water Resources 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor William W. Cobey, Jr., $ecretary July 3, 1990 Mr. Paul Thames, P.E. Orange County Engineer 106 E. Margaret Lane Hillsborough, NC.27278 Dear Mr. Thames: John N. Morris Director .Attached is a copy of the revised table-which accompanies the Eno River Voluntary Water Management Agreement. This table reflects the implementation procedures discussed and agreed upon at our meeting of June 22, 1990. The changes reflect the method by which a low flow period, indicated by average daily flows less than 10 cfs, will be initiated and terminated. Also attached is a form which you may fill out and send to Ms. Jeanne Robbins at the following address. Jeanne C. Robbins, P.E. Division of Water Resources P.O. Box 27687 Raleigh, NC 27611 Your completion and return of the attached form will indicate that you understand and accept the amended agreement. Sincerely, ,f 'John D. Wray Deputy Director P.U. Box 27687, Raleigh, North Carolina 27611 -7687 Telephone 919- 733 -4,064 An Equal Opportunity Affirmative Action Employer Revised July 1990 Table 1 r,laxJ-- m-i, -r, Allowable Surface Wat-er Withdrawals Based on Lake Orange Level Drawdown Allowable Surface Water Withdrawal Percent of in feet -- - - - - -- gallons per day---------- - Storage from top Remaining at of 1 -ft. Town of Orange- Piedmont Instream Flow Lake Orange f lashboard Hillsborough Alamance Minerals Requirement > 100 spilling * * ** 111001000 100 - 80 0.0 1,510,000 820,000 430,000 1,100,000 80 - 60 200 11360,000 740,000 380,000 650,000 60 - 50 4.3 11280,000 700,000 360,000 450,000 50 - 40 5.8 1,280,000 700,000 320,000 450,000 40 - 30 7.4 11130,000 620,000 190,000 0 <= 30 9.3 680,000 370,000 0 0 Notes: * - Adjusted to reflect outside source agreement for Hillsborough and Orange- Alamance. - Excess withdrawals from Eno River based on outside source agreement may be made when flows at the Eno River at Hillsborough Gage are 16 cubic feet per second (cfs) and above, regardless of the water level in Lake Orange. Maximum withdrawals shall be limited to the total of the contract amount and the allocated amount. . - A low flow period will begin on the 7th consecutive day of the average daily flow at the Hillsborough Gage dropping below 10 cfs. On the 4th day, the Orange County Engineer will request that affected parties prepare for a low flow period. - When flows are between 10 cfs and 3 cfs at the Hillsborough Gage during a low flow period, withdrawals from the Eno River shall be limited to the 100 -80 percent of storage remaining amount shown above, regardless of water level in Lake Orange. - When flows are below 3 cfs at the Hillsborough Gage during a low flow period, withdrawals shall be limited to amounts shown above for percent of storage remaining at Lake Oi ange . - A low flow period will be terminated when average daily flow at the Hillsborough Gage registers 10 cfs or greater for a period of -7 consecutive days. The Orange County Engineer will notify affected parties when the low flow period is terminated. ** - For Piedmont Minerals Inc.: When flows at the Hillsborough gage are 14 cfs and above, withdrawals from the Eno River will be limited to 900,000 gallons per day (gpd).. Between 14 cfs and 4 cfs, withdrawals will be limited to 430,000 gpd, regardless of water level in .Lake Orange. Below 4 cfs, withdrawals will be limited to amounts- shown above for percent of storage remaining. �'ii ti's _ = , _ ••'.' ':,—: � ?� ;:i`�, ;:y:.`�::>: �4 RAJ NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER RESOURCES Mr. Paul Thames Orange County Engineer 109 Court Street Hillsborough, NC 27278 -0566 March 29, 2000 RE: Amendment of Eno River Water Management Plan Dear Mr. Thames: The pending operation of Hillsborough's West Fork Eno Reservoir has required changes to Table 1 in the Eno River Water Management Plan, which is the table that specifies the maximum allowable surface water withdrawals based on water levels in Lake Orange. Specifically, Table 1 has been revised to reflect (1) Hillsborough's additional withdrawals of water supply releases from their West Fork Eno Reservoir and (2) the additional 1.0 cfs (650,000 gpd) of instream flow at the Hillsborough gage being released from the reservoir. All other provisions of Table 1 are unchanged. Comments on these revisions were requested at our September 1999 users meeting. In addition, a follow -up request for comments was made in December 1999 by letter. No comments were received, so no further revisions were made. Please acknowledge receipt of, and agreement with, the attached revised Table 1, dated March 2000, by signing and returning this transmittal letter in the envelope provided by April 15, 2000. This March 2000 version will supersede any previous version of Table I in the Eno River Water Management Plan. Also, please keep a copy of this signed transmittal for your records. Thank you for your assistance with this matter. If you have any questions, please contact me at 919- 715 -0390 or tonyyoung@ncmail.net. Sincerely, Tony Young, P.E. Chief, Water Supply Planning Section Enclosure 1,2- dock Signature of "ent Date P.O. BOX 27687, RALEIGH, NORTH CAROLINA 27611-7687 PHONE 919-733-4064 FAX 91 9- 733 -3558 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED /1 O% POST- CONSUMER PAPER Eno River Water Management Plan Table 1 Revised March 2000 Maximum Allowable Surface Water Withdrawals Based on Lake Orange Water Level Notes: t Allowable withdrawals for Hillsborough shown above do not include withdrawals of water supply releases from West Fork Eno Reservoir. * - Adjusted to reflect outside source agreement for Hillsborough and Orange- Alamance. - Excess withdrawals from Eno River based on outside source agreement may be made when flows at the Eno River at Hillsborough Gage are 10 cubic feet per second (cfs) and above, regardless of water level in Lake Orange. Maximum withdrawals shall be limited to the total of the contract amount and the allocated amount. - A low flow period will begin on the 7" consecutive day of the ,average daily flow at the Hillsborough Gage dropping below 10 cfs. On the 4`' day, the Orange County Engineer will request that affected parties prepare for a low flow period. - When flows are between 10 cfs and 3 cfs at the Hillsborough Gage during a low flow period, withdrawals from the Eno River shall be limited to the Stage 1 amount shown above (100 -80 percent of storage remaining), regardless of water level in Lake Orange. - When flows are below 3 cfs at the Hillsborough Gage during a low flow period, withdrawals shall be limited to amounts shown above for percent of storage remaining at Lake Orange. - A low flow period will be terminated when average daily flow at the Hillsborough Gage registers 10 cfs or greater for a period of 7 consecutive days. The Orange County Engineer will notify affected parties when the low flow period is terminated. * *For Piedmont Minerals: When flows at the Hillsborough Gage are 14 cfs and above, withdrawals from the Eno River will be limited to 900,000 gallons per day (gpd). Between 14 cfs and 4 cfs, withdrawals will be limited to 430,000 gpd, regardless of water level in Lake Orange. Below 4 cfs, withdrawals will be limited to amounts shown above for percent of storage remaining. Allowable Surface Water Withdrawal Instream Flow Requirement at Hillsborough Gage Percent of Drawdown (gallons per day) (gallons per day) Storage Remaining in feet from From Total Flow at at Lake top of 1 -ft. Town of Orange- Piedmont From West Fork Eno Hillsborough Orange flashboard Hillsborought Alamance Minerals Lake Orange Reservoir Gage > 1 00 spilling p g *t * ** 1,100,000 650,000 1,7507000 Stage 1 100-80 0.0 1,510XOt 820,000 4307000 121001,000 650,000 1,750,000 Stage 2 80-60 2.0 1,360,0001 740,000 380,000 6502000 650,000 1,300,000 Stage 3 60-50 4.3 1,280,0001 700,000 3605000 4503000 650,000 1,100,000 Stage 4 50-40 5.8 1,280,000t 700,000 320,000 4507000 650,000 1,1001000 Stage 5 40-30 7.4 1,130,000t 620,000 190,000 0 6501000 6505000 Stage 6 <= 30 9.3 68030001 370,000 0 0 6502000 650,000 Notes: t Allowable withdrawals for Hillsborough shown above do not include withdrawals of water supply releases from West Fork Eno Reservoir. * - Adjusted to reflect outside source agreement for Hillsborough and Orange- Alamance. - Excess withdrawals from Eno River based on outside source agreement may be made when flows at the Eno River at Hillsborough Gage are 10 cubic feet per second (cfs) and above, regardless of water level in Lake Orange. Maximum withdrawals shall be limited to the total of the contract amount and the allocated amount. - A low flow period will begin on the 7" consecutive day of the ,average daily flow at the Hillsborough Gage dropping below 10 cfs. On the 4`' day, the Orange County Engineer will request that affected parties prepare for a low flow period. - When flows are between 10 cfs and 3 cfs at the Hillsborough Gage during a low flow period, withdrawals from the Eno River shall be limited to the Stage 1 amount shown above (100 -80 percent of storage remaining), regardless of water level in Lake Orange. - When flows are below 3 cfs at the Hillsborough Gage during a low flow period, withdrawals shall be limited to amounts shown above for percent of storage remaining at Lake Orange. - A low flow period will be terminated when average daily flow at the Hillsborough Gage registers 10 cfs or greater for a period of 7 consecutive days. The Orange County Engineer will notify affected parties when the low flow period is terminated. * *For Piedmont Minerals: When flows at the Hillsborough Gage are 14 cfs and above, withdrawals from the Eno River will be limited to 900,000 gallons per day (gpd). Between 14 cfs and 4 cfs, withdrawals will be limited to 430,000 gpd, regardless of water level in Lake Orange. Below 4 cfs, withdrawals will be limited to amounts shown above for percent of storage remaining. - ! : ... + A . NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER RESOURCES Mr. Paul Thames Orange County Engineer 109 Court Street Hillsborough, NC 27278 -0566 March 29, 2000 RE: Amendment of Eno River Water Management Plan Dear Mr. Thames: The pending operation of Hillsborough's West Fork Eno Reservoir has required changes to Table 1 in the Eno River Water Management Plan, which is the table that specifies the maximum allowable surface water withdrawals based on water levels in Lake Orange. Specifically, Table 1 has been revised to reflect (1) Hillsborough's additional withdrawals of water supply releases -from their West Fork Eno Reservoir and (2) the additional 1.0 cfs (650,000 gpd) of instream flow at the Hillsborough gage being released from the reservoir. All other provisions of Table 1 are unchanged Comments on these revisions were requested at our September 1999 users meeting. In addition, a follow -up request for comments was made in December 1999 by letter. No comments were received, so no further revisions were made. Please acknowledge receipt of, and agreement with, the attached revised Table 13 dated March 2000, by signing and returning this transmittal letter in the envelope provided by April 15, 2000. This March 2000 version will supersede any previous version of Table l ian the Eno River Water Management Plan. Also, please keep a copy of this signed transmittal *for your records. Thank you for your assistance with this matter. If you have any questions, please contact me at 919- 715 -0390 or tonyyounga)ncmail.net. Sincerely, Lie To Young, P.E. Chief, Water Supply Planning Section Enclosure . 2 dam Signature of R lent Date P.O. BOX 27687, RALEIGH, NORTH CAROLINA 2.7611-7687 PHONE 919-733-4064 FAX 91 9- 733 -3558 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED /10% POST - CONSUMER PAPER Eno River Water Management Plan Table 1 Revised March 2000 Maximum Allowable Surface Water Withdrawals Based on Lake Orange Water Level Notes: t Allowable withdrawals for Hillsborough shown above do not include withdrawals of water supply releases from West Fork Eno Reservoir. * - Adjusted to reflect outside source agreement for Hillsborough and Orange - Alamance. - Excess withdrawals from Eno River based on outside source agreement may be made when flows at the Eno River at Hillsborough Gage are 10 cubic feet per second (cfs) and above, regardless of water level in Lake Orange. Maximum withdrawals shall be limited to the total of the contract amount and the allocated amount. - A low flow period will begin on the 7' consecutive day of the .average daily flow at the Hillsborough Gage dropping below 10 cfs. On the 4`' day, the Orange County Engineer will request that affected parties prepare for a low flow period. - When flows are between 10 cfs and 3 cfs at the Hillsborough Gage during a low flow period, withdrawals from the Eno River shall be limited to the Stage 1 amount shown above (100 -80 percent of storage remaining), regardless of water level in Lake Orange. - When flows are below 3 cfs at the Hillsborough Gage during a low flow period,. withdrawals shall be limited to amounts shown above for percent of storage remaining at Lake Orange. - A low flow period will be terminated when average daily flow at the Hillsborough Gage registers 10 cfs or greater for a period of 7 consecutive days. The Orange County Engineer will notify affected parties when the low flow period is terminated. * *For Piedmont Minerals: When flows at the Hillsborough Gage are 14 cfs and above, withdrawals from the Eno River will be limited to 900,000 gallons per day (gpd). Between 14 cfs and 4 cfs, withdrawals will be limited to 430,000 gpd, regardless of water level in Lake Orange. Below 4 cfs, withdrawals will be limited to amounts shown above for percent of storage remaining. Allowable Surface Water Withdrawal Instream Flow Requirement at Hillsborough Gage Percent of Drawdown (gallons per day) (gallons per day) Storage Remaining in feet from From Total Flow at at Lake top of 1 -ft. Town of r Orange- Piedmont From West Fork Eno Hillsborough Orange flashboard Hillsborought Alamance Minerals Lake Orange Reservoir Gage > 100 spilling s illin *t * ** 111002000 650,000 1317501000 Stage 1 .100-80 0.0 1,510,000t 820,000 430,000 1,10011000 650,000 1,750,000 Stage 2 80-60 2.0 1,360,000t 740,000 3801000 6502000 650,000 1,300,000 Stage 3 60-50 4.3 1,280,000t 700,000 360,000 450,000 6503,000 1,100,000 Stage 4 50-40 5.8 1,280,000f 70000 320,000 450,000 650,000 1,1003000 Stage 5 40-30 7.4 131303000t 6203000 190,000 0 650,000 650,000 Stage 6 <= 30 9.3 6801000t 3701000 0 0 650,000 650,000 Notes: t Allowable withdrawals for Hillsborough shown above do not include withdrawals of water supply releases from West Fork Eno Reservoir. * - Adjusted to reflect outside source agreement for Hillsborough and Orange - Alamance. - Excess withdrawals from Eno River based on outside source agreement may be made when flows at the Eno River at Hillsborough Gage are 10 cubic feet per second (cfs) and above, regardless of water level in Lake Orange. Maximum withdrawals shall be limited to the total of the contract amount and the allocated amount. - A low flow period will begin on the 7' consecutive day of the .average daily flow at the Hillsborough Gage dropping below 10 cfs. On the 4`' day, the Orange County Engineer will request that affected parties prepare for a low flow period. - When flows are between 10 cfs and 3 cfs at the Hillsborough Gage during a low flow period, withdrawals from the Eno River shall be limited to the Stage 1 amount shown above (100 -80 percent of storage remaining), regardless of water level in Lake Orange. - When flows are below 3 cfs at the Hillsborough Gage during a low flow period,. withdrawals shall be limited to amounts shown above for percent of storage remaining at Lake Orange. - A low flow period will be terminated when average daily flow at the Hillsborough Gage registers 10 cfs or greater for a period of 7 consecutive days. The Orange County Engineer will notify affected parties when the low flow period is terminated. * *For Piedmont Minerals: When flows at the Hillsborough Gage are 14 cfs and above, withdrawals from the Eno River will be limited to 900,000 gallons per day (gpd). Between 14 cfs and 4 cfs, withdrawals will be limited to 430,000 gpd, regardless of water level in Lake Orange. Below 4 cfs, withdrawals will be limited to amounts shown above for percent of storage remaining. AN ORDINANCE PROVIDING FOR THE CONSERVATION OF WATER DURING A WATER SHORTAGE, RESTRICTING THE USE OF WATER AND WATER WITHDRAWALS, AND ALLOCATING AUGMENTED STREAMFLOW FROM RESERVOIRS. WHEREAS, University Lake is a significant source of raw water from which the orange Water and Sewer Authority supplies water to Orange county; and WHEREAS, a critical water supply condition exists on the upper Eno River with only Lake Orange to rely upon in times of drought as a significant reserve water source for (a) supplying Hillsborough, Orange Water and Sewer Authority, and Orange Alamance, and for (b) augmenting streamflow in the Eno River to assimilate waste discharge from the Town of Hillsborough Wastewater Treatment Plant; and WHEREAS, the level of both University Lake and Lake Orange must be managed to insure that orange County citizens have essential supplies of water in these reservoirs can extend the time and availability of suplies for all users during critical periods; and WHEREAS, some degree of demand reduction and cooperation by the users of the water in these reservoirs can extend the time and availability of supplies for all users during critical periods; and WHEREAS, no user has the right to withdraw a disproportionate share of the augmented flow nor reduce natural streamflow such that other downstream riparian needs and instream needs cannot be satisfied; and WHEREAS, General Statutes section 153A -121 authorizes owners of stored water to set rules to govern water allocation during drought periods; and WHEREAS, Orange County has developed conservation rules and an allocation plan based upon monthly raw water withdrawal records, modeling of streamflow conditions as have existed over a 40 year period by the North Carolina Division of Water Resources, and calculation of the 7 -day 10 year low flow at Lake Ben Johnson. NOW, THEREFORE, the Board of County Commissioners-of Orange County, pursuant to North Carolina General Statutes Section 153A- 121, ORDAINS: ARTICLE 1. Water Shortaqe and Withdrawal /Conservation Restrictions. A. While water is flowing over the Lake Orange spillway normal conditions will be deemed to exist with no withdrawal or conservation restrictions to be enforced. A water shortage shall be declared to exist with respect to Lake Orange, whenever the level of Lake Orange reaches the second of seven stages shown on Table 1 or whenever emergencies develop such that citizens cannot be supplied with water to protect their health, safety and welfare without curtailing the water demand. Conservation measures and a limit on withdrawals shall be instituted upon reaching the alert stage and made more restrictive through successive stages of drought in an effort to prolong the availability of water. Each public water user must make allowance to pass below its intake facilities the prescribed minimum flow established for its service area plus the proportionate share of other water users' share plus instream flow need cal- culated for the Eno River below Lake Ben Johnson. Water withdrawal rates for public water users and in stream flow releases shall be instituted in the amounts and per the conditions shown in Table II. B. A water shortage shall be deemed to exist, with respect to University Lake, whenever the level of University Lake reaches the second of the six stages shown on Table 1, or whenever emergencies develop such that citizens cannot be supplied with water to protect their health, safety and welfare without curtailing the water demand. C. In the event of a water shortage in either University Lake or Lake Orange or both, the Chairman of the Board of County Commissioners is authorized, empowered, and directed to issue a public proclamation declaring to all persons the existence of such state and the severity thereof, and place in effect the restrictive provisions authorized in Article 3 of this ordinance. ARTICLE 2. Unlawful to Use Water Contrary to Provisions of this Ordinance. The streamflow requirements of the Eno River set forth in Table II shall be in effect at all times from the effective date of this ordinance. From the effective date of this ordinance it shall be unlawful and a violation of this ordinance for any water user to cause the streamflow to be reduced below ive written substantiation of the need for the exception with its request. In the event the Chairman of the Board of County Commissioners issues any proclamation authorized by Article 1, then it shall be unlawful for any person, firm, or corporation to use or permit the use of water from the Eno River through the facilities of the Orange - Alamance Water System, Inc., the Town of Hillsborough, or the Orange Water and Sewer Authority (when supplied by the Town of Hillsborough) and water from any raw water supply within Orange county used by the Orange Water and Sewer Authority, in violation of any of the mandatory restrictions contained in'the proclamation until the Chairman, by public proclamation, has declared a particular stage of the water shortage to be over and the restrictions applicable to it no longer in effect. In light of the many benefits that.can be derived by conserving water, all persons, firms, or corporations in Orange County using any of the water supplies which are the subject of this ordinance should follow water conservation practices regardless of the time of year or whether or not a water shortage exists. Water conservation should be followed during all phases of construction - related activities. Water needed should be obtained from supplemental sources other than the Eno River portion lying above the Hillsborough Waste Treatment Plant. Where water for construction is needed from the Eno River written permission shall be obtained from a water providing utility. All such water shall be considered as a portion of the utility's water allocation. A copy of the written approval shall be delivered to the Orange County Manager immediately. ARTICLE 3. Restrictive Measures in Effect at Each Stage of a Water Shortage The severity of the water shortage shall be determined by the emergency or the level of University Lake and Lake Orange as shown on Table 1. A. In the event the water level of University Lake declines to a stage II level above mean sea level, in feet, a stage II water shortage ALERT shall be deemed in effect. In the event the water level of Lake Orange declines to a stage II elevation of water below Lake Orange spillway, in feet, a stage II water shortage ALERT shall be deemed in effect. When a water shortage ALERT is in effect the following voluntary water restrictions are imposed: 1. Use shower for bathing rather than bathtub and limit shower to no more than four (4) minutes. 2. Limit flushing of toilets by multiple usage. 3. Do not leave faucets running while shaving or rinsing dishes. 4. Limit use of clothes washers and dishwashers and when used, operate fully loaded. 5. Limit lawn watering to that which is necessary for plants to survive. 6. Water shrubbery the minimum required, reusing household water when possible. 7. Limit car washing to the minimum. 8. Do not wash down outside areas such as sidewalks; patios,etc. 9. Install water flow restrictive devices in shower heads. 10.Use disposable and biodegradable dishes. 11.Install water saving devices such as bricks, plastic bottles or commercial units in toilet tanks. 12.Limit hours of operation of water - cooled air conditioners.. B. In the event the water level of University Lake declines to a stage III level above mean sea level, in feet, a stage III water shortage WARNING shall be deemed in effect. In the event the water level of Lake Orange declines to a stage III elevation of water below Lake Orange spillway, in feet, a stage III water shortage WARNING shall be deemed in effect, and in addition to the restrictions heretofore imposed, the following moderate mandatory water restrictions shall be in effect. It shall be unlawful to use water from the public water system supplied by the Town of Hillsborough, Orange Alamance Water System or the Orange Water and Sewer Authority for the following purposes: 1. To water lawns, grass, shrubbery, trees, flower and vegetable gardens except as follows: a. Customers located outside the OWASA Service Area may water lawns, grass, shrubbery, trees, flowers and vegetable gardens during Saturday or Sunday evenings between the hours of 6:00 p.m. and 9:00 p.m. b. Customers within the OWASA Service Area located to the south of the centerline of NC 54 West, Main Street in Carrboro, Franklin street, and us 15/501 Boulevard may water lawns, grass, shrubbery, trees, flower and vegetable gardens on Saturday evening between the hours of 6: 00 p. m. and 9: 00 p. m . Customers located to the north of the centerline of NC 54 West, Main street in Carrboro, Franklin Street, and us 15/501 Boulevard may water lawns, grass, shrubbery, trees, flower and vegetable gardens on Sunday evening between the hours of 6:00 p.m. and 9:00 p.m. c. All such watering is to be done by hand -held hose or container or drip irrigation system. 2. To fill newly constructed swimming and /or wading pools or refill swimming and /or wading pools which have been drained. A minimal amount of water.may be added to maintain continued operation of pools which are in operation at the time the provisions of a stage III WARNING are placed into effect. .3. To operate water - cooled air conditioners or other equipment that does not recycle cooling water, except when health and safety are adversely affected. 4. To wash automobiles, trucks, trailers, boats, airplanes, or any other type of mobile equipment, including commercial washing. 5. To wash -down outside areas such as streets, driveways, service station aprons, parking lots, office buildings, exteriors of existing or newly constructed homes or apartments, sidewalks, or patios, or to use water for other similar purposes. 6. To operate or introduce water into any ornamental fountain, pool or pond or other structure making similar use of water. 7. To serve drinking water in restaurants, cafeterias, or other food establishment, except upon request. 8. To use water from public or private fire hydrants for any purpose other than fire suppression or other public emergency. 9. To use water for dust control or compaction. 10. To intentionally waste water. The owner or occupant of any land or building which receives water from Orange Water and Sewer Authority and that also utilizes water from a well or supply other than that of Orange Water and Sewer Authority shall post and maintain in a prominent place thereon a sign furnished by Orange Water and Sewer Authority giving public notice to the use of the well or other source of supply. It shall be unlawful to use water from the Eno River through the facilities of the Town of Hillsborough, the Orange - Alamance Water System, Inc., and the Orange Al'amance Water Corporation for the following purposes: 1. To water lawns, grass, shrubbery, trees, flower and vegetable gardens except between the. hours of 6:00 p.m. and 9:00 p.m. on Saturdays and Sundays. 2. To fill newly constructed swimming and /or wading pools or refill swimming and /or wading pools which have been drained. A minimal amount of water may be added to maintain continued operation of pools which are in operation at the time the provisions of a stage.III WARNING are placed into effect. 3. To operate water - cooled air conditioners or other equipment that does not recycle cooling water, except when health and safety are adversely affected. 4. To wash automobiles, trucks, trailers, boats, airplanes, or any other type of mobile equipment, including commercial washing. 5. To wash down outside areas such as streets, driveways, service station aprons, parking lots, office buildings, exteriors of existing or newly constructed homes or apartments, sidewalks, or patios, or to use water for other similar purposes. 6. To operate or introduce water into any ornamental fountain, pool or pond or other structure making similar use of water. 7. To serve drinking water in restaurants, cafeterias, or other food establishment, except upon request. 8. To use water from public or private fire hydrants for any purpose other than fire suppression or other public emergency. 9. 'To use water for dust control or compaction. 10. To intentionally waste water. The owner or occupant of any land or building which receives water from the Orange - Alamance Water System, Inc, or the Town of Hillsborough and that also utilizes water from a well or supply other than that of Orange - Alamance Water system, Inc. or the Town of Hillsborough shall po -t.and maintain -n a prominent place thereon a sign furnished by Orange County g -v -ng publ -c not -ce to the use of the well or other source of supply. C. In the event the water level of University Lake declines to a stage IV level above mean sea level, in feet, a stage IV water shortage DANGER shall be deemed in effect. In the event the water level of Lake Orange declines to a stage IV elevation of water below Lake Orange spillway, in feet, a stage IV water shortage DANGER shall be deemed in effect, and in addition to the restrictions heretofore imposed, the following severe mandatory water restrictions shall be in effect. It shall be unlawful: 1. To wat.er or sprinkle any lawn. 2. To water any vegetable garden or ornamental shrubs except during the hours of 6:00 p.m. to 9:00 p.m. on Saturday. 3. To make any non - essential use of water for commercial or public use, and the use of single service plates and utensils is encouraged and recommended in restaurants. D. In the event the water level of University Lake declines to a stage V level above mean sea level, in feet, a stage V water shortage EMERGENCY shall be deemed in effect. In the event the water level of Lake Orange declines to a stage V elevation of water below Lake Orange spillway, in feet, a stage V water shortage EMERGENCY shall be deemed in effect, and in addition to the restrictions heretofore imposed, the following stringent mandatory water restrictions shall be in effect, and in addition to the restrictions heretofore imposed, the following severe mandatory water restrictions shall be in effect. It shall be unlawful: 1. To use water outside a structure for any use other than an emergency use involving fire. 2. To operate an evaporative air conditioning unit which recycles water except during the operating hours of the business. 3. To introduce water into any swimming pool. E. In the event the water level of University Lake - declines to a stage VI level above mean sea level, in feet, a stage VI water shortage CRISIS shall be deemed in effect. In the event the water level of Lake Orange declines to a stage VI elevation of water below Lake Orange spillway, in feet, a stage VI water shortage CRISIS shall be deemed in effect, and a system of water rationing shall be put in effect in addition to all previously imposed restrictions. In the event of water rationing in which water will be supplied in the minimal quantities required for the health, welfare, and safety of the citizens in accordance with a program determined by Orange County: 1. It shall be unlawful to fail to act in accordance therewith or use water in any manner or attempt to evade or avoid such water rationing restrictions. 2. Fire protection will be maintained, but where possible tank trucks shall use raw water. ARTICLE 4. Penalties. A. Any violation of the provisions of this ordiance shall constitute a misdemeanor, punishable upon conviction by a fine not to exceed $50.00 or imprisonment not to exceed thirty days, as provided by N. C. General statute section 14 -4. Any such violation may be enjoined, restrained, or abated as provided by N. C. General Statute section 153A- 123(d). and 153A- 123(e). B. If any section, subdivision, clause or provision of this ordinance shall be adjudged invalid, such adjudication shall apply only to such section, subdivision, clause, or provision so adjudged, and the remainder of this ordinance shall be deemed valid and effective. C. All Ordinances and clauses of Ordinances in conflict herewith are repealed on the effective date of this Ordinance. The Ordinance entitled "AN ORDINANCE PROVIDING FOR THE CONSERVATION OF WATER DURING A WATER SHORTAGE, AND RESTRICTING THE USE OF WATER DURING MORE SEVERE SHORTAGES" and as amended, is repealed on the effective date of this Ordinance. The adoption of this Ordinance,however, shall not affect nor prevent any pending or future prosecution of, or action to abate or enjoin, an existing violation of said Ordinance. D. This Ordinance shall become effective when adopted. Adopted this the 10th day of JULY, 1986. WATER CONSERVATION ORDINANCE AMENDMENT ADOPTED JULY 29, 1986 During ACTION STAGES II -VI of the Lake Orange Conservation Stages, OWASA shall be allocated up to .50 MGD, which may be withdrawn as prescribed in this Ordinance and as prescribed in any contract between-OWASA and other water users named in this TABLE II. Any such allocation shall only occur when the number of usable days of water remaining from all other water supply sources available to OWASA is less than the number of usable days of water remaining in the water supply reservoirs of Lake Ben Johnston, Corporation Lake and Lake Orange including augmentation from other sources. The number of usable days of water remaining in the water supply reservoirs of Lake Ben Johnston, Corporation Lake and Lake Orange including augmentation from other sources shall be determined using the water usage allocation limit, including instream flow, established in this TABLE II. ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 8, 1987 SUBJECT: WATER CONSERVATION ORDINANCE AMENDMENT DEPARTMENT: COUNTY MANAGER ATTACHMENT(S): TABLES I AND II PUBLIC HEARING: Action Agenda Item No. G10 uw.�� el INFORMATION CONTACT:MANAGER'S OFFICE,X501 TELEPHONE NUMBER: Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: Consideration of amending Tables I and II of the Water Conservation Ordinance. BACKGROUND:The Division of Water Resources has recomputed elevation of water below Lake Orange spillway. The existing ordinance computed elevation of water below Lake Orange Spillway which did not include the "dead pool (water that can not be drained from lake). The new computations from the State include the dead pool and account for the flashboard, which raises Lake Orange one foot. RECOMMENDATION(S): Amend Water Conservation Ordinance to reflect changes in Tables I and II which include dead pool and based on spillway at 614 feet (Attachment II). Amend ordinance to reflect increased water capacity based on spillway at 615 feet (Attachment III) effective January 1, 1988. EXISTING ORDINANCE (ATTACHMENT 1) Lake Orange Conservation Stage Determination University Lake Conservation Stage Determination n1evation of V.-:giblm 14-ater TA(4A(,w lb tn I U-malble I I OM I'Kjf-1 StOt-0917- Vunbln stora'r Wbxm ff'-san U's-lble Ln INS loct w (.In 397. TULL 427 I.• 1K)UMG .(loot usable DLO-rage) xi., AUMT 307 .21-4 349 347 (2 4 {C b. stot�a-gu) Got nto mm) ux 260 346 1 16-11 (101 PSI-A storage) um-zab.iv titorago.) 230 t 611 '272 Tv, DAI ME 192 69411 2.56 IV. WA71m- 144 i!.5 (541f 3(501 gtoragm-) (40t storaq'2) I-X-AcAf MI) V. u--mv(;m;cY 3.5.3 7151" 222 V. )3-TFJ'M= 341. [96" '401 storaqtt) stor"age) ful.1) vil .115 9-14" 100 W. cmSTS 341 (9611 (30.1 C20% storoge) bnAw full) UNUSAMB, S'1VMr-.V. 4.2 14, 85 C 1;jr,-iblee orb stomiga 9K1: T3 total loke WIAmn les-0 tldead 13wd jw'1 Oqual-6 101 of t.6tal lake volum. EXISTING ORDINANCE (ATTACHMENT 1) TABLE II DROUGHT MANAGEMENT PLAN ORANGE COUNTY, NORTH CAROLINA WITHDRAWAL REDUCTIONS THROUGH CONSERVATION & WATER TRANSFER (ASSUMES NO TRANSFER FROM MEBANE /GRAHAM /BURLINGTON) Water Usage/ Aiioca-ci-yn L1.1LLll. krl1JUj Target percent reduction through Hillsborough OWASA Orange Alamance Piedmont Minerals Instream Flow Total Action Stages Percent of Elevation of water Extent of conservation usable below conservation I.Normal storage 100% spillway 0 None None 1.80 0.50 0.80 0.15 1.10 4.35 (Below normal 2.20 Lake water) II. Alert 80% 2'4 " Orange Voluntary 10% through 1.60 (A) 0.72 0.13 0.65 3.1 2.20 voluntary restrictions 15% through 1.53 (A) 0.68 0.12 0.65 2.98 III. Warning 70% 3'9" Mandatory 2.20 mandatory restrictions 0.39 2.72 60% 5' 6" 17% severe 1.50 (A) 0.66 0.12 0.39 2.67 IV. Danger 50% 6'4" Severe Mandatory mandatory restrictions 2.20 24% stringent 1.37 (A) 0.60 0.11 0 2.08 V. Emergency 40% 7'5" Stringent Mandatory mandatory restrictions 55% water 0.80 (A) 0.36 0.06 0 1.22 VI. Crisis 30% 9'4" Rationing rationing VII. Usable 10% 14' Storage (A) During ACTION STAGES II -VI of the Lake Orange Conservation Stages, OWASA shall be allocated up to 0.50 MGD, which may be withdrawn as prescribed in this ordinance and as prescribed in any contract between OWASA and other water users named in this TABLE 11. Any such allocation shall only occur when the number of usable days of water remaining from all other water supply sources available to OWASA is less than the number of usable days of water remaining in the water supply reservoirs of Lake Ben Johnston, Corporation Lake and Lake Orange EXISTING ORDINANCE (ATTACHMENT 1) including augmentation from other sources. The number of usable days of water remaining in the water supply reservoirs of Lake Ben Johnston, Corporation Lake and Lake Orange including augmentation from other sources sail be determined using the water usage allocation limit, including instream flow, established in this TABLE II. EXISTING ORDINANCE (ATTACHMENT 1) REVISION OF ORDINANCE TO REFLECT INCORRECT COMPUTATIONS (ATTACHMENT II) TABLE I Lake Orange County Conservation Stage Determination University Lake Conservation Stage Determination Usable Elevation Total Usable Usable Level above Usable storage of water storage days left storage mean sea days left (in below Lake (in (in level (in millions) Orange (in millions) millions) feet) inches) I. NORMAL (100°% 384 FULL 427 I. NORMAL (100% FULL usable storage) storage) II. ALERT (80% 307 22" 341 II. ALERT (60% 347 (24" usable storage) storage) below full) III. WARNING (70% 269 35" 299 III. WARNING (50% 346 (36" usable storage storage) below full) (60% usable 231 49" 256 storage) IV. DANGER (50% 192 67" 213 IV. DANGER (40% 344.5 (54" usable storage) storage) below full) V. EMERGENCY (40% 154 85" 171 V. EMERGENCY (30% 341 (96" usable storage) storage) below full) VI. CRISIS (30% 115 107" 128 VI. CRISIS (20% 341 (96" usable storage) storage) below full) VII. UNUSABLE 38 168" 43 VII. STORAGE (10% and below) REVISION OF ORDINANCE TO REFLECT INCORRECT COMPUTATIONS (ATTACHMENT II) TABLE II DROUGHT MANAGEMENT PLAN ORANGE COUNTY, NORTH CAROLINA WITHDRAWAL REDUCTIONS THROUGH CONSERVATION & WATER TRANSFER (ASSUMES NO TRANSFER FROM MEBANE /GRAHAM /BURLINGTON) Water Usage /Allocation Limit (1R3u) Hillsborough OWASA Orange Alamance Piedmont Minerals Instream Flow Total Action Stages Percent of usable storage Elevation of water below spillway Extent of conservation Target percent reduction through conservation 1.80 0.50 0.80 0.15 1.10 4.35 I.Normal (Below normal water) 100% 0 None 2.20 Lake Orange None 1.60 (A) 0.72 0.13 0.65 3.1 II. Alert 80% 22" Voluntary 2.20 10% through voluntary restrictions 35" Mandatory 2.20 15% through mandatory restrictions 1.53 (A) 0.68 0.12 0.65 2.98 III. Warning 70% 0.39 2.72 IV. Danger 60% 49" 1.50 restrictions (A) 0.66 0.12 0.39 2.67 50% 67" Severe Mandatory 2.20 17% severe mandatory 1.37 mandatory restrictions (A) 0.60 0.11 0 2.08 V. Emergency VI. Crisis VII. Usable Storage 400 % 8 5r Stringent Mandatory 24% stringent 0.80 (A) 0.36 0.06 0 1.22 % 300 107" Rationing 55% water rationing 10% 168" (A) During ACTION STAGES II -VI of the Lake Orange Conservation Stages, OWASA shall be allocated up to 0.50 MGD, which may be withdrawn as prescribed in this ordinance and as prescribed in any contract between OWASA and other water users named in this TABLE II. Any such allocation shall only occur when the number of usable days of water remaining from all other water supply sources available to OWASA is less REVISION OF ORDINANCE TO REFLECT INCORRECT COMPUTATIONS (ATTACHMENT II) than the number of usable days of water remaining in the water supply reservoirs of Lake Ben Johnston, Corporation Lake and Lake Orange including augmentation from other sources. The number of usable days of water remaining in the water supply reservoirs of Lake Ben Johnston, Corporation Lake and Lake Orange including augmentation from other sources sall be determined using the water usage allocation limit, including instream flow, established in this TABLE II. REVISION AFTER FLASHBOARD CONSTRUCTION (ATTACHMENT III) TABLE Lake Orange County Conservation Stage Determination University Lake Conservation Stage Determination Usable Elevation Total Usable Usable Level above Usable storage of water storage days left storage mean sea days left (in below Lake (in (in level (in millions) Orange (in millions) millions) feet) inches) I. NORMAL (100% 427 FULL 474 I. NORMAL (100% FULL usable storage) storage) II. ALERT (80% 341 24" 379 II. ALERT (600 347 (24" usable storage) storage) below full) III. WARNING (70% 298 37" 331 III. WARNING (50% 346 (36" usable storage storage) below full) (60% usable 256 52" 284 storage) IV. DANGER (50% 213 70" 237 IV. DANGER (40% 344.5 (54" usable storage) storage) below full) V. EMERGENCY (40% 170 89" 189 V. EMERGENCY (30% 341 (96" usable storage) storage) below full) VI. CRISIS (30% 128 112" 142 VI. CRISIS (20% 341 (96" usable storage) storage) below full) VII. UNUSABLE 42 175" 47 VII. STORAGE (10% and below) REVISION AFTER FLASHBOARD CONSTRUCTION (ATTACHMENT III) TABLE II DROUGHT MANAGEMENT PLAN ORANGE COUNTY, NORTH CAROLINA WITHDRAWAL REDUCTIONS THROUGH CONSERVATION & WATER TRANSFER (ASSUMES NO TRANSFER FROM MEBANE /GRAHAM /BURLINGTON) water usa e_ /1j.11uUdLlv11 1J ilLti 1- `L "1171J� Action Percent Elevation Extent of Target percent Hillsborough OWASA Orange Piedmont Instream Total Stages of of water conservation reduction through Alamance Minerals Flow usable below conservation storage spillway I.Normal 100% FULL None None 1.80 0.50 0.80 0.15 1.10 4.35 (Below normal 2.20 Lake water) Orange II. Alert 80% 24" Voluntary 10% through 1.60 (A) 0.72 0.13 0.65 3.1 2.20 voluntary restrictions III. Warning 70% 37" Mandatory 15% through 1.53 (A) 0.68 0.12 0.65 2.98 2.20 mandatory restrictions 0.39 2. 72 60% 52 " IV. Danger 50% 70" Severe 17% severe 1.50 (A) 0.66 0.12 0.39 2.67 Mandatory mandatory restrictions 2.20 V. Emergency 40% 89" Stringent 24% stringent 1.37 (A) 0.60 0.11 0 2.08 Mandatory mandatory restrictions 112" Rationing 55% water 0.80 (A) 0.36 0.06 0 1.22 VI. Crisis 30% rationing VII. Usable 10% 175" Storage (A) During ACTION STAGES II -VI of the Lake Orange Conservation Stages, OWASA shall be allocated up to 0.50 MGD, which may be withdrawn as prescribed in this ordinance and as prescribed in any contract between OWASA and other water users named in this TABLE II. Any such allocation shall only occur when the number of usable days of water remaining from all other water supply sources available to OWASA is less than the number of usable days of water remaining in the water supply reservoirs of Lake Ben Johnston, Corporation Lake and Lake Orange REVISION AFTER FLASHBOARD CONSTRUCTION (ATTACHMENT III) including augmentation from other sources. The number of usable days of water remaining in the water supply reservoirs of Lake Ben Johnston, Corporation Lake and Lake Orange including augmentation from other sources sail be determined using the water usage allocation limit, including instream flow, established in this TABLE II. USABLE STORAGE (Without Mebane /Graham) volume In ruiiiuii5 Lake Orange Corporation Lake Ben Johnston Total Total Volume 427 25 1,9.2 471.2 Usable Volume at 341 18.5 10 369.5 Full Present 7/10/86 272 14.8 .8 287.6 At 18" below full 80% 800 800 USABLE DAYS OF SUPPLY REMAINING FROM JULY 10, 1986 Supply of Three Reservoirs Conservation Assuming Days Left 287 If loo saving 3.1 MGD 102 3.6 MGD 88 4.6 MGD 68 287 315 If 15% saving 3.1 MGD 106 3.6 MGD 92 4.6 MGD 72 3.1 (1.6 Hillsborough, .72 Orange - Alamance, .13 Piedmont Minerals, .65 Instream Flow) 4.6 (1.6 Hillsborough, .72 Orang - Alamance, .13 Piedmont Minerals, .65 instream flow, 1.50 OWASA 3.6 (1.6 Hillsborough, .72 Orange - Alamance, .13 Piedmont Minerals, .65 instream flow, .50 OWASA