Drought Contingency Plan


The following is from the Drought Contingency Plan which was originally adopted August 30th, 1999 for the Wichita County Water Improvement District No. 2. The Drought Contingency Plan has been revised: July 2005, July 2008, July 2009, July 2011

Section I: Declaration of Policy, Purpose, and Intent

The Board of Directors of the Wichita County Water Improvement District No. 2 (WCWID) deems it to be in the best interest of the District to adopt Rules and Regulations governing the equitable and efficient allocation of limited water supplies during times of shortage. These Rules and Regulations consitute the District’s drought contingency plan reguired under the Section 11.1272 Texas Water Code, Vernon’s Texas Codes Annotated, and associated administrative rules of the Texas Natural Resource Conservation Commission (Title 30, Texas Administrative Code, Chapter 288).

Section II: User Involvement

Opportunity for the users of water from the WCWID to comment was provided by means of public meetings announced in newsletters and newspapers.

Section III: Public Education

The WCWID will periodically provide water users with information about the Plan. This includes information about the conditions under which water allocation is to be initiated or terminated and the District’s policies and procedures for water allocation. This information will be provided by means of newsletters sent to water users, scheduling water user meetings, providing copies of the Plan to those requesting it, posting on the District’s bulletin board, and having copies of the Plan available for review in the District office.

Section IV: Authorization

The District General Manager is hereby authorized and directed to implement the applicable provision of this Plan upon determination by the board that such implementation is necessary to ensure the equitable and efficient allocation of limited water supplies during times of shortage.

Section V: Application

The provisions of this Plan shall apply to all person utilizing water provided by the WCWID. The term “all persons” used in the Plan include individuals, corporations, partnerships, associations, and all other legal entities.

Section VIII: Exemptions

No exemption will be allowed, unless, approved in writing by the District Board of Directors.

Section IX: Penalties

Any person, who willfully opens, closes, changes or interferes with any headgate or uses water in violation of Section 11.083, Texas Water Code, may be assessed an administrative penalty up to $5,000 a day under Section 11.0842 of the Texas Water Code. Additionally, if the violator is also taking, diverting, or appropriating state water, the violator may be assessed a civil penalty in court of up to $5,000 a day. These penalties are provided by the laws of the State and may be enforced by complaints filed in the appropriate court jurisdiction in Wichita County, all in accordance with Section 11.083; and in addition, the District may pursue a civil remedy in the way of damages and/or injunction against the violation of any of the foregoing policies. See addendum.

Section X: Severability

It is hereby declared to be the intention of the WCWID that the sections, paragraphs, sentences, clauses and phrases of this Plan are severable and , if any phrase, clause, sentence, paragraph, or section of this Plan shall be declared unconstitutional by the valid judgement or decree of any court of competent jurisdiction , such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Plan, since the same would not have been enacted by the Board without the incorporation into this Plan of any such unconstitutional phrase, clause, sentence, paragraph, or section.

Section XI: Authority

The foregoing rules and regulations are adopted pursuant to and in accordance with Chapters 11, 49, and 55 of the Texas Water Code, Vernon’s Texas Code Annotated.

Section XII: Effective Date of the Plan

The effective date of this Rule shall be five (5) days following the date of publication hereof and ignorance of the Rules and Regulations is not a defense for a prosecution for enforcement of the violation of the Rules and Regulations.