HomeMy WebLinkAboutResolution 5315 Stage 2 Drought DeclarationVersion April 2020
RESOLUTION 5315
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING A STAGE TWO DROUGHT, IMPLEMENTING STAGE
TWO DROUGHT RESPONSE MEASURES AND STAGE TWO DROUGHT
SURCHARGES, AND AUTHORIZING THE BOZEMAN CITY MANAGER TO ISSUE
OR RESCIND ADDITIONAL DROUGHT STAGE DECLARATIONS AND DROUGHT
SURCHARGES AND IMPLEMENT ADDITIONAL DROUGHT RESPONSE
MEASURES THROUGH ADMINISTRATIVE ORDERS.
WHEREAS, the Bozeman City Commission is authorized pursuant to the laws of the State
of Montana including Section 7-13-4402, MCA, to adopt, enter into, and carry out means for
securing a supply of water for the use of the City and its inhabitants; and
WHEREAS, the Bozeman City Commission is committed to drought preparedness
pursuant to the Drought Management Plan (Plan) adopted by Resolution 4728 by the City
Commission on January 9, 2017; and
WHEREAS, the Plan defines four stages of drought that increase in severity from Stage 1
to Stage 4 and provides specific drought response measures for each drought stage that reduce
system-wide water use to avoid depleting the City’s available water supply; and
WHEREAS, drought response measures become more protective of the City’s water
supply as drought severity increases to preserve the City’s available water supply for those
purposes essential to public health, safety, and welfare; and
WHEREAS, response measures outlined in the Plan were created with the intent to
preserve water for essential uses, minimize adverse financial effects, avoid irretrievable loss of
natural resources, and affect individuals or small groups before affecting the community as a
whole;
WHEREAS, the Plan includes a transparent, quantifiable, and scientific drought
monitoring framework and evaluation tool (Drought Tool), maintained by the City Water
Conservation Division, that evaluates local drought conditions by examining local water supply
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data as well as regional and national drought indices; and
WHEREAS, the Drought Tool can recognize drought in its early stages and accurately
assess increasing or decreasing drought severity over time by calculating a local drought score;
and
WHEREAS, the City may evaluate and rely upon indicators of drought conditions in
addition to those contained in the Plan in determining whether to initiate a drought stage, drought
surcharges, or water use restrictions; and
WHEREAS, on July 12, 2021 the Drought Tool calculated a local drought score of 2.02,
which indicates Stage 2 drought status; and
WHEREAS, the local drought score is on an upward trend that is expected to continue
into the foreseeable future given the current exceptionally low local streamflow and reservoir
levels and forecasted hot and dry weather; and
WHEREAS, drought conditions are unpredictable, potentially severe in nature, and
susceptible to changing quickly; and
WHEREAS, delegating authority to the City Manager to issue subsequent drought
declarations as needed will allow the city to promptly respond to changing drought conditions in
order to adequately preserve the City’s available water supply for those purposes essential to public
health, safety, and welfare; and
WHEREAS, system-wide water demands registered at the City’s Water Treatment Plant
are remarkably high due to persistent hot and dry weather patterns with current projections
indicating the City may consume 75% of its available water supply in Hyalite Reservoir by the
end of the 2021 water year; and
WHEREAS, Bozeman Municipal Code Chapter 40, Division 4, provides authority for the
Director of Public Works to implement outdoor water use restrictions and may do so in furtherance
of the adoption of this Resolution; and
WHEREAS, Bozeman Municipal Code Chapter 40, Division 4, prohibits the waste of
water whenever outdoor watering restrictions are in effect; and
WHEREAS, Bozeman Municipal Code Chapter 40, Division 4, permits the enforcement
of watering restrictions declared and implemented by the Director of Public Works; and
WHEREAS, after public notice and the opportunity for comment, the City Commission
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adopted Resolution 5065 on August 19, 2019, which established the imposition of drought
surcharge rates on water customer utility bills during periods in which a drought declaration is
active in order to ensure water utility revenues are adequate to preserve essential public services,
and the health, safety, and general welfare of the community.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, that:
Section 1
Effective immediately, the Bozeman City Commission hereby declares a Stage 2 drought as Stage
2 is defined in the Plan, and related response measures including but not limited to day of week
and time of day watering restrictions as outlined below:
• Single residential properties with odd-numbered addresses: Saturday, Wednesday;
• Single residential properties with even-numbered addresses: Sunday, Thursday;
• All others (multi-family, HOAs, commercial, industrial, government, MSU): Tuesday,
Friday;
• Watering shall be prohibited between the hours of 10 a.m. and 6 p.m.
• Watering shall be prohibited on Mondays, except for irrigators operating under special
exemptions as approved by the Director of Public Works; and
• Trees, shrubs, perennials and other garden plants may be watered by hand held hose or
low-volume spray irrigation any day of the week, but may not be watered between 10 a.m.
and 6 p.m.
Exemptions to the above listed watering restrictions include but are not limited to:
• Sprinkler system assessments performed by the City’s Water Conservation Division staff,
• Work performed by irrigation and landscaping contractors;
• New sod establishment;
• Large playing fields operated by the City Parks and Recreation Department, including but
not limited to the Bozeman Sports Park and Bronken Fields;
• Public health and safety purposes; and
• Turf areas at publicly owned facilities which are subject to heavy public use, including but not limited to Lindley Park, Bogert Park and the front lawn of the Bozeman Public Library.
The above response measures are effective at 12:00 AM on Friday July 16th, 2021.
Permissible watering shall be conducted without any water waste. Response measures will be
supported through outreach and education focusing on efficient irrigation system operation and
response measures, as listed above.
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The City Manager may adopt additional watering restrictions, remove or add to exemptions, as the
City Manager determines necessary.
Section 2
The Bozeman City Commission hereby delegates authority to the City Manager to issue, by
Administrative Order, subsequent drought declarations and additional response measures as
determined necessary by the City Manager that either advance to a subsequent drought stage or
rescind a declared drought stage including this Stage 2 declaration. Each Administrative Order so
issued that advances to a subsequent drought stage shall include relevant drought response
measures imposed upon water users within the City of Bozeman and which are similar to the
response measures for each stage as outlined in the Plan, including exemptions.
Section 3
The Bozeman City Commission hereby imposes Stage 2 drought surcharges for water use from
the City’s water utility with bills due Sept 15th, 2021, which correlates to an effective date of
August 1, 2021, pursuant to the schedule provided for in Resolution 5065 for Stage 2.
The Commission hereby delegates to the City Manager the authority to adopt drought surcharges
for any subsequent drought stage declarations. The City Manager’s authority to impose drought
surcharges must comply with the drought surcharge rate schedule adopted pursuant to Resolution
5065. Should the City Manager declare a Stage 3 or higher drought stage prior to August 1, 2021,
the City Manager’s adopted drought surcharge will supersede the Commission’s adoption of Stage
2 surcharge and control the surcharge rates in effect beginning August 1, 2021. Should the City
Manager adopt surcharges for any subsequent drought stage the surcharge will be effective on the
date established by the City Manager.
The City Manager may rescind drought surcharge rates, including the surcharges rates for Stage
2, by Administrative Order.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 13th day of July, 2021.
___________________________________
CYNTHIA L. ANDRUS
Mayor
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ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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