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It's now mandatory -- Kentucky American Water customers may use water outdoors only during certain days and hours or risk a fine.
Faced with falling Kentucky River levels and a forecast that offers little or no hope for rain, Mayor Jim Newberry invoked a Lexington ordinance that could get police knocking on doors of scofflaw sprinklers and car washers.
He also said the water shortage underscores the urgency of augmenting the city's water supply.
Under the restrictions, outdoor watering is allowed only from 6 to 10 a.m. and 6 to 10 p.m.
Addresses ending in odd numbers may water on Tuesdays, Thursdays and Saturdays. Even addresses may water on Wednesdays, Fridays and Sundays. No outdoor watering is allowed on Mondays. The rules apply to all residences and nearly all businesses that get water from Kentucky American.
Voluntary restrictions had been in place since Aug. 16; the mandatory restrictions go into effect immediately.
In Lexington, a violation could bring a $250 fine. Kentucky American said officials in surrounding counties served by the company will set penalties for customers of the utility in their area, but those officials said they had no details about how that would happen.
Ninety percent of Kentucky American's customers live in Lexington. The company also provides water in portions of Bourbon, Clark, Harrison, Jessamine, Scott and Woodford counties.
In some places outside of Lexington, the company provides water directly to homes and businesses. In some, it sells water to districts that resell it.
Linda Bridwell, Kentucky American's managing engineer, said areas outside Lexington that get all their water from the company, such as Midway, are expected to follow the mandatory rules. Districts that have more than once source of water can take into account the adequacy of the other source, she said.
The company's customers in Owen, Gallatin and Grant counties are not affected by the new rules.
Newberry announced the mandatory restrictions after receiving a letter from Kentucky American about river levels, customer demand and weather forecasts.
He said the region needs to augment its water supply.
"We need a solution, and we need it now," Newberry said in a release. "Additional delays are unacceptable."
Newberry noted that Kentucky American has asked the state Public Service Commission for permission to build a new treatment plant on the Kentucky River, and that the Louisville Water Co. had asked the PSC to give it extra time to make a case for a pipeline from its plants in Jefferson County.
Newberry, who opposes the delay, said he wants the PSC to decide which plan is the most cost-effective and timely and meets the city's long-term needs. Newberry said the decision should be made by the end of the year.
Yesterday morning, water was flowing into the Kentucky River pool, from which Kentucky American gets almost all its water, at the rate of 77.5 million gallons a day. The median flow for the date over the last 30 years has been 435 million gallons a day.
On Monday, the company treated 53.1 million gallons.
A board has been set up to hear appeals from those who want to be exempted from the restrictions. The board is made up of the mayor, vice mayor, Kentucky American president, police chief and the commissioners of health and public works.
In an emergency meeting yesterday, the committee decided to exempt from the odd-even system businesses in which using water is essential. That is expected to cover car washes, nurseries and golf courses. It said it would not grant exemptions for watering newly laid sod because sod doesn't have to be watered every day. The first regular committee meeting has been set for 11 a.m. Thursday in the Mayor's Conference Room, 12th floor, Government Center.
Lexington residents who want to appeal may submit their requests in writing to Joseph Kelly, mayor's office, Government Center, 200 East Main Street, 40507.
Aside from Kentucky American customers, the only other water users under mandatory water restrictions in counties surrounding Fayette are customers of South Woodford Water District and Jessamine-South Elkhorn Water District.
Judge-executives in Clark, Jessamine, Scott and Woodford counties either said their counties do not have fines for violations of mandatory restrictions, or said they weren't sure whether there were any ordinances that levied fines.
"No, we do not have any ordinances. We've never had to enforce somebody to do it," said Scott County Judge-Executive George Lusby. "We've had some bad situations and people have volunteered" to cut back.
Utilities asking their customers to voluntarily reduce water usage include Northeast Woodford Water District, Jessamine County Water District No. 1, Nicholasville Utilities, Southern Madison Water District, Georgetown Municipal Water, Berea Municipal Utilities, and the Garrard County Water Association.
Meanwhile, the Frankfort Plant Board "is on the verge" of asking for voluntary cutbacks there, said chief water engineer David Billings.
"I think it could be reasonably expected that, if conditions in the river don't change, we would ask our people to voluntarily restrict their water usage by the end of the week," Billings said.
Lexington was last under mandatory watering restrictions for four months in 1999. Those restrictions became so strict that all outdoor watering was banned.
From July 20 to Oct. 25, 1999, Lexington police responded to 1,061 reports of illegal watering. They issued 169 citations and 68 warnings, and made one arrest.
