Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 24 - SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS › Subchapter G - QUALITY OF SERVICE › Section 24.205 - Adequacy of Water Utility Service

Current through Reg. 49, No. 28; July 12, 2024
Sufficiency of service. Each retail public utility which
					 provides water service shall plan, furnish, operate, and maintain production,
					 treatment, storage, transmission, and distribution facilities of sufficient
					 size and capacity to provide a continuous and adequate supply of water for all
					 reasonable consumer uses.
(1) The
				  water system quantity and quality requirements of the TCEQ shall be the minimum
				  standards for determining the sufficiency of production, treatment, storage,
				  transmission, and distribution facilities of water suppliers and the safety of
				  the water supplied for household usage. Additional capacity shall be provided
				  to meet the reasonable local demand characteristics of the service area,
				  including reasonable quantities of water for outside usage and
				  livestock.
(2) In cases of drought,
				  periods of abnormally high usage, or extended reduction in ability to supply
				  water due to equipment failure, to comply with a state agency or court order on
				  conservation or other reasons identified in the utility's approved drought
				  contingency plan required by 30 TAC §
										RSA
				  288.20(relating to Drought Contingency Plans
				  for Municipal Uses by Public Water Suppliers), restrictions may be instituted
				  to limit water usage in accordance with the utility's approved drought
				  contingency plan. For utilities, these temporary restrictions must be in
				  accordance with an approved drought contingency plan. Unless specifically
				  authorized by TCEQ, retail public utilities may not use water use restrictions
				  in lieu of providing facilities which meet the minimum capacity requirements of
				  30 TAC Chapter 290 (relating to Public Drinking Water), or reasonable local
				  demand characteristics during normal use periods, or when the system is not
				  making all immediate and necessary efforts to repair or replace malfunctioning
				  equipment.
(A) A utility must file a copy of
				  its TCEQ-approved drought contingency plan with the utility's approved tariff.
				  The utility may not implement mandatory water use restrictions without an
				  approved drought contingency plan unless authorized by the TCEQ. If TCEQ
				  provides such authorization, the utility must provide immediate notice to the
				  commission.
(B) Temporary
				  restrictions must be in accordance with the utility's approved drought
				  contingency plan on file or specifically authorized by the TCEQ. The utility
				  shall file a copy of any status report required to be filed with the TCEQ with
				  the commission at the same time it is required to file the report with the
				  TCEQ.
(C) The utility must provide
				  written notice to each customer in accordance with the drought contingency plan
				  prior to implementing the provisions of the plan. The utility must provide
				  written notice to the commission prior to implementing the provisions of the
				  plan.