Ordinance 1887 - Emergency - Water Conservation RestrictionsORDINANCE NO.1887
AN EMERGENCY ORDINANCE AUTHORIZING THE CITY OF KALISPELL TO
ESTABLISH TEMPORARY WATER CONSERVATION RESTRICTIONS AND
ESTABLISHING AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, the City of Kalispell's water supply comes from eleven groundwater sources within
the city limits and supplies water to the distribution system and four storage
reservoirs; and
WHEREAS, in 2018, Kalispell completed a Water Facility Plan Update (WFPU) to address
system challenges such as population growth, increasing water demands, aging
infrastructure, and to institute effective capital improvements planning to address
such challenges; and
WHEREAS, Noffsinger Spring was taken offline in 2021 due to the facility's condition that can
no longer provide the necessary protections against exposures to environmental
elements; and
WHEREAS, in 2020, Kalispell's Public Works Department initiated the North Main Well capital
project to replace the Noffsinger Spring source with a new equivalent water source
and construction of the North Main Well facility is scheduled to begin in the fall of
2022; and
WHEREAS, the WFPU's new development project construction timelines were projected based
on a 2% growth rate, however, Kalispell has actually grown at a rate of
approximately 3%, thus increasing water demands beyond previous expectations;
and
WHEREAS, the construction timeline for new projects will not address the anticipated increase
in peak water demands over the 2022 summer months; and
WHEREAS, the current state of Kalispell's water system may not support the 2022 summertime
irrigation peak water demands while maintaining service for domestic water use
and fire protection; and
WHEREAS, it is necessary and prudent to immediately effectuate the 2022 Water Conservation
and Restriction Protocols attached hereto and incorporated into these recitals as
Exhibit "A" as these protocols will protect the public health, safety, and the general
welfare of citizens of Kalispell.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA, AS FOLLOWS:
SECTION 1. Pursuant to the authority of MCA § 76-5-1101 and KMC 2-26, the Kalispell
City Council hereby approves the temporary water conservation restrictions
by the means and plans set forth in Exhibit "A", attached hereto and fully
incorporated herein by this reference.
SECTION 2. Pursuant to the authority of MCA § 76-5-1101 and KMC 1-12 and 2-26,
any person or entity in violation of the temporary water conservation
restrictions set forth in Exhibit "A" shall be subject to the following
penalties:
A. Upon the first violation, notice of the violation, including penalties
for any future violations and water conservation techniques, shall be
sent by first class mail, postage prepaid, to the owner of the property
upon which the violation occurred and notice may also be posted on
the violator's door.
B. Upon the second violation, the violator shall be subject to a $250
civil penalty.
C. Upon the third violation, the City of Kalispell may discontinue water
service upon three (3) days notice to prevent future violations. If
water service is discontinued, service may not be restored until
applicable fees charged for reconnecting the water service and any
outstanding civil penalties are paid.
SECTION 3. This Ordinance, pursuant to KMC 2-26, is effective upon passage and
approval and shall be in effect for no longer than 90 days.
PASSED AND APPROVED BY THE CITY COUNCIL BY AT LEAST 2/3RD VOTE AND
SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, MONTANA THIS 5TH DAY OF
JULY, 2022.
ATTEST:
Judi Funk
Deputy City Clerk
Mark Johns
Mayor
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EXHIBIT "A"
2022 Water Conservation and Restriction Protocols:
All usage of City produced water is subject to the 2022 water conservation plan which provides
for voluntary and mandatory water reduction measures that will be in effect for various water
supply and demand statuses.
Stage 1
1. Water Demand Status - Sustainable
a. Average Daily Demand (ADD) - Lower Zone 5 MG; Upper Zone 4 MG
b. Water Reduction Measures: Voluntary
2. City Parks Conservation Measures
a. Reduced watering schedules, duration, and times — all parks on City Water
3. High Irrigation Customers — Volunteer Conservations Methods
a. Letters sent directly to high 25% irrigation users from 2021
b. Educational Meeting — Review Moderate Conservation Actions (duration and times)
4. All Customers — Volunteer Conservation Methods
a. Public Service Announcements — Conservation Tips
b. Public Service Announcements — Stage 2 Protocols Notices
Stage 2
1. Water Demand Status - Non- Maintainable
a. ADD Lower Zone 6 MG; Upper Zone 5 MG and/or loss of water source(s)
b. Water Reduction Measures: Restrictions Required for All Customers
2. City Parks Conservation Measures
a. Reduced Watering schedules, duration, and times — all Parks on City water
3. Construction — Fire Hydrant Accounts
a. Restrict daily water use to 10,000 GPD
4. All Customers —Mandatory Watering and Irrigating Restrictions
a. Designated days for watering corresponding to the last digit of the street address for
the property; and Hours for watering restricted to designated hours.
• Odd number addresses shall water on odd days of the calendar month (e.g., July 1,
3, 5)
• Even number addresses shall water on even days of the calendar month (e.g., July
2, 4, 6).
• Private Open Space/Parks Watering shall be done as addressed (even/odd
corresponding to calendar days)
• All Watering shall be done between the hours of 5 a.m. to 10 a.m. or 6 p.m. to 11
p.m. Watering should also occur only once per day.
5. Exceptions
a. These restrictions do not apply for the use of low -volume drip irrigation and hand
watering with a watering can or hose with positive shut-off nozzle when watering the
following plant types only:
• Trees
• Shrubs
• Ornamental perennials & groundcovers
• Annual flower beds & planters
• Food gardens
b. Watering with overhead spray irrigation for the sole purpose of establishing new grass
from sod or seed is permitted, as needed, for 45 days after planting.
c. Properties that utilize private wells for irrigation are not required to comply with
watering restrictions.
d. Water use associated with irrigation system operation for the purposes of installation,
repair, adjustments, performance assessments, and other related maintenance issues,
provided that the system is attended to throughout the period of operation, is permitted
as needed.
Stage 3
1. Water Demand Status - Non -Sustainable
a. ADD > Lower Zone 6 MG; Upper 5 MG and/or loss of water source(s)
b. Water Reduction Measures: Restrictions Required for All
2. City Parks Conservation Measures
a. All outdoor water uses prohibited
3. Construction — Fire Hydrant Accounts
a. All outdoor water uses prohibited
4. All Customers —Mandatory Watering and Irrigating Restrictions
a. All outdoor water uses prohibited; and
b. All other water uses prohibited except for necessary domestic indoor use for drinking
water and sanitation.
5. Exceptions
e. Properties that utilize private wells for irrigation are not required to comply with
watering restrictions.