Sec. 34-1271. - Priority for certain new recycled water customers.

SAWS will prioritize its provision of recycled water service, where possible, to potential new customers as follows:

(1)

First priority shall be given to potential customers who are U.S. military installations and potential customers located in the areas of former U.S. military installations;

(2)

Second priority shall be given to potential customers located in economic enterprise zones or associated with economic development projects targeted by SAWS, the city or Bexar County;

(3)

Third priority shall be given to potential customers who are Edwards exchange customers;

(4)

Fourth priority shall be given to potential customers who are current SAWS potable water customers and who will be replacing the use of potable water for nonpotable with recycled water for such purposes; and

(5)

Fifth priority shall be given to all remaining potential customers.

(Ord. No. 87597, § 1, 3-26-98)

Sec. 34-1272. - Delivery of recycled water.

Specific conditions relating to the delivery point, delivery quantities and pressure, metering requirements and maintenance responsibilities will be set forth for each recycled water customer in the recycled contract for such customer.

(Ord. No. 87597, § 1, 3-26-98)

Sec. 34-1273. - Quantity of recycled water delivered.

The quantity and rate of delivery of recycled water to be purchased by any customer shall be set forth in the recycled water contract between SAWS and such customer.

(Ord. No. 87597, § 1, 3-26-98)

Sec. 34-1274. - Quality of recycled water delivered.

If any time the recycled water available from SAWS fails to meet the requirements of 30 Texas Administrative Code, Chapter 210 et seq., SAWS shall, upon the request of the customer, provide the customer substitute water of at least comparable quality in a quantity equal to the quantity of contracted recycled water that SAWS is unable to provide, at rates not to exceed the rate for recycled water then applicable.

(Ord. No. 87597, § 1, 3-26-98)

Sec. 34-1275. - Reliability of recycled water service.

SAWS will provide recycled water on a regular basis in such quantities set forth in the recycled water contract between SAWS and each customer. Recycled water service may be interrupted in the event of recycled water main or pipeline breaks or repairs, recycled water main or pipeline construction or upgrades, or due to acts of God or other extraordinary circumstances. In the event of any interruption in recycled water service, SAWS shall provide substitute water of comparable quality to each affected customer at rates not to exceed the rate for recycled water then applicable. Except as specified in this article, SAWS shall not be liable for an interruption in recycled water service.

(Ord. No. 87597, § 1, 3-26-98)

Sec. 34-1276. - SAWS' duty to supply substitute water.

If after a customer has performed all of its obligations under its contract to purchase the recycled water, including construction of a distribution main and onsite improvements, SAWS is unable to provide the quantity of contracted recycled water for any reason, SAWS shall, upon request of the customer, provide the customer substitute water of at least comparable quality in a quantity equal to the quantity of contracted recycled water that SAWS is unable to provide, at rates not to exceed the rate for recycled water then applicable.

(Ord. No. 87597, § 1, 3-26-98)

Sec. 34-1277. - Interruption in service to Edwards exchange customers.

(a)

If SAWS is unable to provide recycled water in compliance with the terms of an Edwards exchange customer's recycled water contract, or substitute water of at least comparable quality in a quantity equal to the quantity of contracted recycled water that SAWS is unable to provide, an Edwards exchange customer may, at the Edwards exchange customer's cost and expense, withdraw and utilize Edwards Aquifer water under the Edwards Aquifer water withdrawal right which has been transferred to SAWS in an amount equal to the lesser of:

(1)

The Edwards exchange customer's actual onsite beneficial use without waste, as that term is defined under Edwards Aquifer Authority regulations set forth at 31 Texas Administrative Code 703.1(B); or

(2)

The quantity specified in the Edwards exchange customer's recycled water contract with SAWS.

(b)

The right to the Edwards exchange customer to utilize a portion of SAWS Edwards Aquifer water withdrawal right after an interruption of service is expressly conditioned on no objection to the procedure being made by the Edwards Aquifer Authority. It shall be the joint duty of the Edwards Aquifer exchange customer who utilizes a portion of the SAWS Edwards Aquifer water withdrawal right pursuant to this section and of SAWS to notify the Edwards Aquifer Authority of the Edwards exchange customer's intention to do so.

(Ord. No. 87597, § 1, 3-26-98)

Sec. 34-1278. - Exemption from reduction measures.

The quantity of recycled water which SAWS agrees to provide pursuant to any recycled water contract between SAWS and a recycled water customer shall be exempt from compliance with the specific water use reduction measures set forth in article IV, division 4 of this chapter (Aquifer Management Plan), but not from other provisions in this chapter. In the event a recycled water customer purchases recycled water from SAWS in excess of the contracted amount, SAWS, as it determines to be necessary, may reduce such customer's purchase of the recycled water in excess of the contracted amount.

(Ord. No. 87597, § 1, 3-26-98)

Sec. 34-1279. - Disconnection for noncompliance.

It shall be the duty of SAWS to disconnect the recycled water service from any place where provisions of 30 Texas Administrative Code, Chapter 210 et seq. or of this article or of the recycled water contract in question are violated.

(Ord. No. 87597, § 1, 3-26-98)

Sec. 34-1280. - Unlawful connection with recycled water main.

It shall be unlawful for any person who is not a party to a valid recycled water contract to bore or drill into any recycled water main or make attachments to or connections with any recycled water service pipe.

(Ord. No. 87597, § 1, 3-26-98)

Sec. 34-1281. - Unlawful taking of recycled water.

It shall be unlawful for any person who is not a party to a valid recycled water contract to make an attachment to any recycled water main, service line or branches thereof or to otherwise take recycled water therefrom.

(Ord. No. 87597, § 1, 3-26-98)

Sec. 34-1282. - Maintenance of recycled water service pipes.

All persons using recycled water furnished by SAWS shall keep their recycled water service system in good repair, so as to prevent leakage. Maintenance is the owner's responsibility. All customer onsite transportation, holding and distribution facilities for recycled water shall comply with the standards of 30 Texas Administrative Code, Chapter 210 et seq.

(Ord. No. 87597, § 1, 3-26-98)

Sec. 34-1283. - Damage to recycled water system.

It shall be unlawful for any person, in any way, to intentionally or carelessly break, deface or in any manner damage or destroy any recycled water main, service line or branch thereof or any hydrant, meter, standpipe or other property belonging to the city, SAWS or others, and used in connection with the collection, treatment, metering, storage, supply, transmission and distribution of recycled water.

(Ord. No. 87597, § 1, 3-26-98)

Sec. 34-1284. - Title to recycled water service apparatus.

Title to all recycled water meters, curb-cocks and appurtenances that are attached through service lines or branches thereof to the recycled water mains of the SAWS recycled water system, including the meter and enclosing curb-cock boxes, shall be vested in the city for the singular use and benefit of the SAWS board of trustees. No person other than a duly authorized agent or representative of the board of trustees of SAWS shall open the meter or curb-cock or appurtenances thereto. SAWS shall maintain, repair and replace all meters, curb-cocks and appurtenances in connection therewith at its cost and expense.

(Ord. No. 87597, § 1, 3-26-98)

Secs. 34-1285—1300. - Reserved.