At its July 30 meeting, the Pagosa Area Water and Sanitation District (PAWSD) Board of Directors approved revisions to the drought management plan clarifying irrigation hours and rules for irrigating with non-potable water.
PAWSD Programs Manager Renee Lewis outlined the proposed revisions, beginning with clarifications to how the plan’s restrictions apply to non-potable water.
Lewis explained that the district had received comments that people who live adjacent to the lakes in uptown Pagosa Springs and use lake water to irrigate had been irrigating their lawns outside of the schedule imposed by the drought management plan.
She stated that she clarified in several places in the plan that the restrictions apply to both potable and non-potable water.
She added that she also corrected an inconsistency in the plan to ensure it consistently states that watering is allowed only between 9 p.m. and 9 a.m. during the drought phases that apply time-based watering restrictions.
PAWSD board member Glenn Walsh commented that the times would also need to be corrected in the warning letters that Lewis had drafted.
Lewis stated that she had caught and would correct this error.
PAWSD District Manager Andrew Connor explained that the district’s raw water irrigation permit states that users will be subject to the same requirements and penalties as potable water users.
The board then discussed the details of the timing restrictions in the drought stages included in the plan and how they would impact timing.
Connor stated that the district is currently “looking good” in terms of water supply, with Lake Hatcher currently down 27.5 inches from full and only having dropped 0.5 inches the week before and 0.75 inches the week of the meeting.
“The rains are definitely helping with the lake level, and the demand off the Hatcher area has dropped as well by about 150,000 gallons daily,” Connor said.
He then raised the issue of enforcement for noncompliance with the drought plan, indicating that the district has four different levels of enforcement, beginning with a written warning and escalating to a $100 fine, a $250 fine and a $500 fine.
Connor asked if the board wanted to start implementing this scheme, which he stated would be challenging due to the need to have evidence to document violations.
He added that the district has not started noncompliance enforcement except for calling customers about violations, which have been well received so far.
Lewis commented that the board could make this a separate voting item from the revisions to the drought plan and that it would likely want to vote on starting enforcement.
PAWSD board member Alex Boehmer asked if PAWSD has been having issues with compliance aside from speaking with some customers.
“I don’t want to turn us into the police,” he said.
Connor stated that he has not had compliance issues.
The board then unanimously voted to accept the drought management plan revisions before returning to the enforcement issues.
PAWSD District Engineer Justin Ramsey explained that the district has developed a set of worksheets to document noncompliance with the drought management plan, which would have to be implemented before the district begins fining customers.
Walsh commented that the district might want to consider adjustments to the scale of enforcement actions, potentially making them more severe in higher drought levels while keeping the initial enforcement action a “nudge.”
Connor stated that the initial enforcement action would always remain a conversation with the customer.
PAWSD board chairman Gene Tautges commented that, since the restrictions are currently well received and calling customers has been successful, he personally believes that more financially punitive measures are not needed.
Boehmer commented that the board should potentially consider implementing more penalties if the district reaches drought stage three, but should not do so before then.
Ramsey stated that the main goal at this point was to make sure that the board and staff were aligned on the penalty system in case the district has to implement them, although he commented, “I don’t think anybody wants to go that route unless we really, really have to.”
Tautges questioned if the board should have a separate board meeting in upcoming weeks if conditions become more serious or if it should set a benchmark now for when enforcement would begin.
PAWSD board member Bill Hudson commented that he supports Boehmer’s idea of initiating enforcement if the district enters drought stage three.
Boehmer noted that the board has an upcoming meeting on Aug. 9.
Lewis stated that the staff could redistribute the violation letters Ramsey helped develop, incorporating recent revisions, alongside a plan for how infractions would be treated in different drought stages, like Walsh proposed, for the Aug. 9 meeting.
Walsh, Tautges and Boehmer indicated support for this idea.
Ramsey commented that he believes that there should always be a written warning for the first infraction at any drought stage since there would always be objections about how the customer was unaware of the rules.
Connor added that the first step is a phone call prior to a letter being sent out, which occurs after a compliance issue is documented.
“I mean, the true way for this to work is your neighbors guilt you into it more than we fine you into compliance,” Ramsey said.
Connor commented that the district requires documentation and evidence beyond being told unauthorized watering is occurring to move forward.
“And we’ve had some meetings recently about the abuse our staff has taken, and we’ve had some discussions about that,” Boehmer said. “I just don’t know that we want to rush into this. It’s just gonna kind of put our staff in the hot seat when I don’t think we really need to right now. I don’t see it as beneficial.”
“Let’s revisit it in two weeks, then,” said Tautges.
josh@pagosasun.com
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