| (a) Definitions. Unless otherwise indicated, in this
section the following terms shall have the meanings assigned.
(1) Allowed apparent loss--A unique number for allowable
apparent loss calculated for each utility.
(2) Annual real loss--A unique number calculated for
each utility based on the utility's real loss on an annualized basis.
(3) Apparent loss--Unauthorized consumption, meter
inaccuracy, billing adjustments, and waivers.
(4) Average system operating pressure--System operating
pressure in pounds per square inch calculated using a weighted average
approach as identified in the American Water Works Association M36
Manual.
(5) Category or Categories--A category of retail public
utility as listed in Texas Water Code §16.0121(c).
(6) Executive Administrator--The executive administrator
of the Board.
(7) Mitigation--An action or actions taken by a retail
public utility to reduce the amount of total water loss in a system.
Mitigation may include a detailed water loss assessment, pipe or meter
replacement, or addition or improvement of monitoring devices to detect
water loss.
(8) Real loss--Loss from main breaks and leaks, storage
tank overflows, customer service line breaks, and line leaks.
(9) Retail public utility or utility--A retail public
utility as defined by Texas Water Code §13.002.
(10) Service connection density--The number of a retail
public utility's connections on a per mile basis.
(11) Total water loss--The sum of a utility's real
loss and apparent loss.
(12) Unavoidable annual real loss--A unique number
calculated for each utility based on the number of connections, miles
of distribution lines, and operating pressure.
(b) A retail public utility that provides potable water
shall perform a water loss audit and file with the executive administrator
a water loss audit computing the utility's system water loss during
the preceding calendar year, unless a different 12-month period is
allowed by the executive administrator. The water loss audit may be
submitted electronically.
(1) Audit required annually. The utility must file
the water loss audit with the executive administrator annually by
May 1st if the utility:
(A) has more than 3,300 connections; or
(B) is receiving financial assistance from the board,
regardless of the number of connections. A retail public utility is
receiving financial assistance from the board if it has an outstanding
loan, loan forgiveness agreement, or grant agreement from the board.
(2) Audit required every five years. The utility must
file the water loss audit with the executive administrator by May
1, 2016, and every five years thereafter by May 1st if the utility
has 3,300 or fewer connections and is not receiving financial assistance
from the board.
(3) The water loss audit must be performed in accordance
with methodologies developed by the executive administrator based
on the population served by the utility and taking into consideration
the financial feasibility of performing the water loss audit, population
density in the service area, the retail public utility's source of
water supply, the mean income of the service population, and any other
factors determined by the executive administrator. The executive administrator
will provide the necessary forms and methodologies to the retail public
utility.
(4) Effective January 1, 2019, the water loss audit
must be performed by a person who has completed water loss audit training
developed by the executive administrator. The executive administrator
will make such training available without charge on the agency website,
and may also provide such training in person or by video.
(c) The executive administrator shall determine if
the water loss audit is administratively complete. A water loss audit
is administratively complete if all required responses are provided
and the audit is completed by a person who has been trained to conduct
water loss auditing as described in paragraph (4) of subsection (b).
In the event the executive administrator determines that a retail
public utility's water loss audit is incomplete, the executive administrator
shall notify the utility.
(d) A retail public utility that provides potable water
that fails to submit a water loss audit or that fails to correct a
water loss audit that is not administratively complete within the
timeframe provided by the executive administrator is ineligible for
financial assistance for water supply projects under Texas Water Code,
Chapter 15, Subchapters C, D, E, F, G, H, J, O, Q, and R; Chapter
16, Subchapters E and F; and Chapter 17, Subchapters D, I, K, and
L. The retail public utility will remain ineligible for financial
assistance until a complete water loss audit has been filed with and
accepted by the executive administrator.
(e) The following thresholds shall apply to the indicated
categories of retail public utility:
(1) For a retail public utility with a population of
more than 10,000:
(A) Apparent loss expressed as gallons per connection
per day must be less than the utility's allowed apparent loss.
(B) Real loss expressed as gallons per connection per
day must be less than three times the utility's unavoidable annual
real loss.
(2) For a retail public utility with a population of
10,000 or fewer and a service connection density more than or equal
to 32 connections per mile:
(A) Apparent loss expressed as gallons per connection
per day must be less than the utility's allowed apparent loss.
(B) Real loss expressed as gallons per connection per
day must be less than 50 gallons per connection per day.
(3) For a retail public utility with a population of
10,000 or fewer and a service connection density less than 32 connections
per mile:
(A) Apparent loss expressed as gallons per connection
per day must be less than the utility's allowed apparent loss.
(B) Real loss expressed as gallons per mile per day
must be less than 1,600 gallons per mile per day.
(4) For a utility that has a volume of wholesale water
sales that flow through the retail water distribution system:
(A) Apparent loss expressed as gallons per connection
per day, determined using a modified calculation that includes the
wholesale volume, must be less than the utility's allowed apparent
loss.
(B) Real loss, expressed as gallons per connection
per day and including a wholesale factor that takes into account the
wholesale water volume, must be less than three times the utility's
unavoidable annual real loss.
(f) If a retail public utility's total water loss meets
or exceeds the threshold for that utility, the retail public utility
must use a portion of any financial assistance received from the board
for a water supply project to mitigate the utility's water loss. Mitigation
will be in a manner determined by the retail public utility and the
executive administrator in conjunction with the project proposed by
the utility and funded by the board. On the request of a retail public
utility, the board may waive the requirements of this subsection if
the board finds that the utility is satisfactorily mitigating the
utility's system water loss. The request for waiver should be addressed
to the executive administrator and include information about the utility's
current or planned activities to mitigate their water loss and their
source of funding for that mitigation.
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| Source Note: The provisions of this §358.6 adopted to be effective December 6, 2004, 29 TexReg 11366; amended to be effective February 15, 2012, 37 TexReg 708; amended to be effective February 12, 2014, 39 TexReg 769; amended to be effective December 10, 2014, 39 TexReg 9592; amended to be effective May 25, 2016, 41 TexReg 3743; amended to be effective February 14, 2018, 43 TexReg 777 |
