CERTIFICATE FOR ORDER

THE STAIE OF TEXAS

COUNTY OF HARRIS

I, the undersigned officer of the Board of Directors of Harris County Municipal UtilityDistrict No. 18, hereby certify as follows:

1. The Board of Directors of Harris County Municipal Utility District No. 18

convened in regular session on the 11th day of March, 2019, outside the boundaries of the

District, and the roll was called of the members of the Board:

sss

Robert A. BernardiniKarl SkarboszewskiMichael L. MurrVally SwannCharlie Kennedy,Ir.

and all of said persons were present except Director AJPff . thus consti tuting a

quorum. Whereupon, among other business, the following was transacted at the meeting: a

written

ORDER ADOPTING AMENDED AND RESTATED DROUGHT CONTINGENCY PLAN;PROVIDING FOR IMPLEMENTATION AND ENFORCEMENT THEREOF; PROVIDING

PENALTIES FOR VIOLATIONS; AND CONTAINING OTHER PROVISIONS RELATED TOTHE SUBJECT

was introduced for the consideration of the Board. It was then duly moved and seconded thatthe order be adopted, and, after due discussion, the motion, carrying with it the adoption of the

order, prevailed and carried unanimously.

2. A true, full, and correct copy of the aforesaid order adopted at the meetingdescribed in the above and foregoing paragraph is attached to and follows this certificate; the

action approving the order has been duly recorded in the Board's minutes of the meeting; thepersons named in the above and foregoing paragraph are the duly chosen, qualified, and acting

officers and members of the Board as indicated therein; each of the officers and members of theBoard was duly and sufficiently notified officially and personally, in advance, of the time, place,

and purpose of the aforesaid meeting, and that the order would be introduced and consideredfor adoption at the meeting, and each of the officers and members consented, in advance, to theholding of the meeting for such purpose; the meeting was open to the public as required by law;and public notice of the time, place, and subject of the meeting was given as required byChapter 551, Texas Government Code, and Section 49.063, Texas Water Code.

PresidentVice PresidentSecretaryAssistant SecretaryAssistant Vice President

(sEAL)

768264

the LLth day of March,2019

Isi Board of Directors

ORNXR ADOTTING AMENDED AND RTSTATED DROUGHT CONTINCXNCYPIAN; PRSVIDING FOR IMPIHh,{ENTATION AND ENFORCEMENT THERHOF;

pRovInINs PHNALTIE$ FOR VIOLATIONS; AND CONTAINING OTHXRpRovrsroNs RELATED TO THE SUBITCT

WHERHAS, the Board *f Directors (the "Board") of Harris County lv{unicipal

Utility District No. 1"8 (the "District"), has earefully considered the current water

conclitions in the District and area-wide and has determined that the adoption of thisFifth Amended and Restated Drought Contingency Plan (the "P1an") by the District is

neces$ary to ensure that an aclequate supply of water is maintained; and

WHEREA$, the Board of the District also desires to provide in the ?lan for the

possibility of a natural disaster or equipment failure; and

WHERHAS, the Board of the District has previourly adopted a DroughtContingency Plan (the "Prior P1an"), and wishes to rescind the Prior Plan; and

WHXRXA$, the B*ard of the District wishes to evidence its approval *f this Plan

and to adopt this Plan as the official policy of the District; NOW, THEREFORE,

BE IT OITDERED BY TH3 BOARD OF THE DISTR]CT THAT:

Section : Approval-sf.Jhe llan. The B*ard of the District hereby approve$

and adopts this Plan as set forth in this Order, and the provisions of such Plan shall be

lmplemented immediately and enforced as a rule of the District.

$ection 2: Education and Information. The District hereby institutes an

educational program, to be impiemented immediately, to promote the Plan by thegeneral public whieh may include any of the following:

A. Publications of articles in a newspaper or newsletter of general

circulation in the District's service area, providing information regarding thePlan; and

B, Direct clistributions to al1 District residents and other user$ of waterwithin the District, and all wholesale water customers of the District, if any,("Users") explalning the Plan; and

C. Direct distributir"rns to Users of educational and infi:rmationalmaterial regarding the Plan; and

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D. Additional educational activities consisting of (i) publishing an

article or articles in a local newspaper or newsletter o{ general circulation in the

District's service arear provicling tips or information on water saving techniques,

or (ii) conducting an informational school prograrn in a school attended bystudents wlthin the District's seryice area, r:r (iii) cr:nducting an educationalprogram for Users at a public place withln or accessible to residents of the

District, or {iv) conducting or engaging in such other informational or

educatj.onal activity designed ta further the Plan as, in the discretion of the Board

of Director;, may be eonsistent with the purposes and policies of this Plan, or(v) any combination of the foregoing.

Sectiqn 3: tlonal Pro The District shall make informationregarding the Flan available to Users to use when purchasing and installing varinusplumbing fixtures,lawn watering equiprnent, and other water-using appliances.

$*e1ian_*: Coprdination :yilh &e$ipnal lYnler Planning Groups. The waterservice area of the District is located within the Region H Regional Water ?lanningCroup and the District has provided a copy of the Plan to the Region H Regionai Water

Planning Group.

Section 5: The*Drought Continge*cy Plary.

A. I"$hlic InX;lyement" The District has informed the public andwholesale water custr:mers, if any, and affirmatively provided opportunity $or

input frorn the public and from wholesale water customers, if any. regarding the

Plan. Such provision included notifying the public and wholesale watercustomers, tf any, of the Distriet's public meeting regarding the proposed Plan,

notice of which was given pursuant to the Op". Meetings Act.

B. Triggqr Conditions. For the purpose of this Plan, the Districthereby adr:pts the trigger cr:nditions (the "Trigger Conditions") set forth be1ow,

which are based on a study andlor statistical analysis of the vulnerabllity ofwater seurces under drought of record conditions. These Trigg*r Conditir:ns are

for the purpose of responding to, but not limited to, the following situatinns:

{a) reduetion i.n available water supply up tt: a repeat of the drought of record;(b)water production or distribution system limitations; (c) supply source

contamination; or (d) water system outage due to the failure or darnage af majorwater system components (e.9., pumps).

1. Stage I - h{ild Dreq&ht. This condition (herein, 'htildDrcught Conditiclns") exists when dernand on the District's water supplyfacilities reaches or exceeds t8 hours well motor run time for 3

consecutive days, as determined by the District's operator by monitoring

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the District's water production information and any other apprr:priateinfeirmation or factors.

2. Stage I1 - Msderatq ,Drought. This condition {herein,"Moderate Drought Conditions") exlsts when demand on the District'swater supply facilities reaches or exceeds 20 hours well motor run time fnr3 consecutive days, as determined by the District's operator by monitoringthe District's water production information and any other appropriateinformation or factors.

3. Stage III - $*vere".Drr:ught. This condition (herein, "$eYere

Drought Conditions") exlsts when demand on the District's water supplyfacilities reaches or exceeds 22 hours well motor run tirne for 3

consecutive days, as determined by the District's operator by monit*ringthe District'$ water production information and any other appropriateinfarmation cr factors"

C, Notiqg. Once rne of the above Trigger Conditions has occurred,

Users will be notified that such Trigger Condition has occurred and of the

Drought Response Measures (as defined below) to be taken. The process fornotifying Users may include any of the following:

1. Mailing, at least 48 hours prior to the commencement of th*required Drought Response Measures, a written notice to each User;

Pasting of slgns at the entrances to the District;

Posting of notices at public places in the District; and

Dissemination of press releases to the local news media.

5. For wholesale water customers, if any, the Oistrict operatorshall contacl wholesale water customers by written notice, andlor byother means, prior to commencement of the required Drought Response

Measure.

Any notice issued rhall cr:ntain (i) the date the Drought Response

Measures will begin, (ii) the date the Drought Respr:nse Measures will terminate,if known, (iii) a list of Drr:ught Response Measures to be impiemented, and (iv)an explanation of penalties for vioiations o{ such Drought Response Measures"

51gns, however, shail not be requi.red to explain the penalties.

2"

3.

4.

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D. Eq:reJgqnc.v*M3naggmentPrq"graq. TheDistrictherebyestablishesand adopts the following measures ("Drought Response Measures") for the

respective Trigger Conditi*ns. The Drought Response Measures related to each

Trigger Condition shall automatically become effective and shall be implementedby the District when such Trigger Condition occurs"

1. Mild*Drought. In the event of Mild Drought Conditions, the

Distriet's target*d reduction in daily water demand shall be 10% as of the

date of the Trlgger Condition, and the following Drought Response

Measures shall be taken:

a. Users will be asked to voluntarily reduce water use

and wilt be informed of specific steps that can be taken to reduce

water use.

b. Al1 nutdoor water usage, including, but not limitedto, lawn and garden walering, ear washing, and window wnshing,shall be limited as follows:

tl) Only Dlstrict residents and other users ofwater within the llistrict with even*numbered addresses

may use water outdnars on Tuesdays and Saturdays andonly District residents and other users of water withln theDistrict with odd-numbered addresses may use wateroutdoors on Wednesdays and Sundays" In the event nostreet address exists, only District residents and other u$ers

of water within the Distrlct living on the north and west sideof a street mey use water outdoors on Tuesdays and$aturdays and only District residents and other users ofwater within the District on the south and east side of a

street may use water outdoors on Wednesdays and Sundays"Those responsible for watering common areas such as

espianades and sports fields shall be limited to watering onMondays and Fridays"

{2) Outdor:r water use shail be prohibited betwe*nthe hours of 5:00 a.m. and 10:00 a.m" and between the hoursoI6:00 p"m. and 1?:00 a.m. (midnight).

2. Mpderate Drought. In the event of Moderate DroughtConditions, the District's targeted reduction in daily water demand shallbe t6% as of the date of the Trigger Condition, and the following DrcughtResponse Measures shall be taken:

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a. The Drought Response Measures established for MildDraught Conditions shall continue to be implemented..

b. All outdoor water use, including, but not limited to,lawn and garden waterins, car washing, and window washing,must be c*nducted with a hand-held hose with a manual on-r:ffnazzle.

c. Outdoor water use rhall be prohibited between thehours of 6:00 a.m. and 9:00 a"m. and between the hours of 6:00 p"m"and 12:00 a.m. (midnight).

d. The District shall recommend that the followingpublic water uses by any of its Users not essential for public healthand safety be curtailed:

(1)

(2)(3)(4)

Street washing;Fire hydrant flushing;Filiing of swimming pools; andHydro washing.

e. The Diskict's operator will initiate weekly contactwith wholesale water customers, if any, to discuss water supplyandlor demand conditions and the possibility of pro ratacurtailment of water supplies if drought conditions worsen.

3" Severe Drought. In the event af Severe Drought Conditions,the District's targeted reduction in daily water demand shall be 25% as ofthe date of the Trigger Condition, and the folk:wing Drought ResponseMeasures shall be taken:

a. The Drought Response Measures established fi:r MlldDrought Canditions and Moderate Drought Conditions shallcontinue t* be implemented.

b. All outdoor use of water, including but not limited tolawn and garden watering, car washing, and windr:w washingshall be prohibited.

c. A surcharge on Users shal1 be implemented a$

follows: (i) a surcharge equal to 200% of the appiicabie rate for allwater used in exces$ r,rf 15,000 gallonslmonth for 5lB" and

tr76E2S{

3/4"meters; and (ii) a surcharge equal to 200% of the applicablerate for all water used in excess of 10,000 gallons/month for 1" to 1*

1y'2" meters.

d. A surcharge equal to 200% of the applicable rate foral1 water used in excess of 10,000 gallons/month, shall be imposedon al1 District residents and other u$er$ of water within the District,but will not be imposed on wholesale water custotners, if any.

c. The Board of the District may prohibit wate: use bycertain industrial or commercial Users which uses are not essentialto the health and safety af the community so that remaining wateris available for essential health and safety related uses.

f. The Board of the District rnay utiliue alternative watersources and/or alternative delivery mechanisms with the priorapproval of the executive director of the Texas Cammission onEnvironmental Quality as appropriate (e.9", interconnection withanother water system, lemporary use of a non-municipal watersupply, use of reclaimed water for non*potable purposes, etc.).

g. The District is authorized to ration water to Districtresidents and other users of water within the District on a pro ratabasis, and to initiate allocation of water supplies ta its wholesalewater customers, iI any, on a pro rata basis, in accordance withTexas Water Code, Section 11"039.

E. Termination of Trisser Conditions Notification. When a TriggerCondi.tion occurs, the District shall enforce the Drought Response Measuresapplicable to such Trigger Condition for a minimum of five (5) clays after the lastday the demand on the District's water supply facilities reaches or exceeds thelimits of such Trigger Condition. After such five (5) day period, the Board, in itsdiscretion, may consider whether the targeted reduction in daily water demandhas been met and may determine to continue any applicable Drought ResponseMeasures for an additional five (5) day period, regardless of whether the targetedreduction has been achieved. After the expiratlon of ten (10) days, and assumingno other Trigger Conditir:ns have occurred, the Drought Resp*nse Measuresprescribed shall terrninate and the District shall cease implementation andenforcement of such mea$ures. The District will notify Users of the terminati*nof the particular Drought Response Measures and may utilize the same mannerof notilication used to inform Users of the occurrence of the Trigger Conditionand implementation of the Drought Response },Ieasures.

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: Emer In the event of a fire, f1ood,

hurricane, lightning strike, tornadr.:, windstorm, or any other act of Cod, riot, terroristaet, or any nther act of civil disobedience, an interruption or reduction of watersupplied by the North Harris County Regional Water Authority (the "Authority"),receipt of notice from the Authority that the Authority has implemented droughtrespon$E stages pursuant to its drr:ught contingency p1an, or any other occurrencewhich results in the inability of the District to provide potable water to Users (or thelikelihood thereof), the Board, in its discretion, m&;rr without prior notice, invoke all orany af the Drought Response lvleasures set forth in this Plan as "Emergency ResponseMea$ur€$"" The Board may establish any of the penalties set forth in the "Pgpqltiq$"Section of this Order, below, for vir:lations of the Emergency Response Measures.

$ectitn 7: Lmplefnent?tiop. Without limitation to specific actierns stated inthis Plan ta be taken by the District's operator, the District's operator will administerand enforce this Plan, and will ovcrsee and be responsible for the execution andimpiementation af ali elements of this Plan (or, if the District employs its own peace

officers pursuant to Texas Water Code $49"216, such peace officers wili be responsiblefeir enforcement of this Plan). The operator shall keep adequate records for planverificati*n. The District's operator shall report to the Board of the District, at r:'leetingso{ the Board, regarding actions taken and which need to be taken under this P1an"

Without limiting the foregoing, the Distrlct's operator shall advise the President of theBoard {*r if the President is unavailable to receive notification, another member of theBr:ard) as $oo11 as reasonably practicable when a partlcular Trigger Condition has beenreached under this Plan and when a particular drought cond,itir:n no longer exists.

S"pptipq-$: Psnalties. The fr:llowing penalties shall apply to anyr:ne violatingthe terms r:f this Plan or the Drought Response Measures or Emergency ResponseMeasures adopted pursuant hereto:

A. First Vieilation. Any person or entity who violates this Plan shallreceive written notification of such violation, which notice shall set forth (i) thedate r:f the violation, (ii) the nature of the violation, (iii) the Drought ResponseMeasures then in e{fect, and (iv) the penalties applicable for any further'vialations of this Plan; provided, however, that if such person or entity has everprevinusly vir:lated this Plan within the immediately preceding six (6) months,the penalties set forth in Section (B) below, may, in the discretion of the Board, beimpased.

B. Subqpqueqt Yiolqtions.

1. Disconnection for Noncompliance. If any person or entityviolates any provision of thls Plan more than one time (which violationshall constitute an unauthorized use of District services and/or facilities),

-7 -768264

then in addition to any other remedies, penalties, sanctions andenlorcement pracedures provided for herein, the District shall have theright to terminate water service to such person or entity after notice isprovided and any r:ther applicable procedural requirements in theDistrict's rate order are satisfied"

2" Monetarir Penalties fo: Noncoqplianee. If any person orentity violates any provision of this Plan more than one time (whichviolation shall constitute an unauthorized use of District services andlr:rfacilities), then, in addition to disconnection as provided in Subsection(81) of this $ection, the Board of the District, after providing requirednotire, may impose a penalty of up ta $5,000.00 {or each violation of thisPlan" Each day that a breach of any provision of this Plan continues shallbe considered a separate violation. This penalty shall be in addition tc:

any other legal rights and remedies of the District as may be allowed by}aw.

$eetion 9: Variances. The District m&/, in writing, grant a temporary varianeeto rationing or pro rata water allocation policies adopted pursuant to this P1an, or a

temporary variance to a provision in the Plan, if it is determined that failure to grantsuch variance would cauoe an emergency conditir:n adversely aff*cting the publichealth, welfare, or safety and if one or more of the following conditions are met:

(a) Compliance with this Plan cannot be technically accomplished during theduration of the water suppiy shortage or other condition for which thePlan is in effect.

{b) Alternative methods can be implemented which will achieve the samelevel of reduction in water use.

Persons requesting en exemption from the provisions nf this Plan shall file a

petition for variance with the District within 5 days after pro rata allocation has beeninvoked. A1l petitions for variances shall be reviewed by the District and shall includeth* foilowing:

(a)(b)

Name and address of the petitioner(s).For District residents and other users of water within the District, a

detailed statement as to how the specific provision of the Flan adverselyaffects the petitioner or what damage or harm will occur to the petitloneror others if petitioner complies with this Plan or rationing o{ wateradopted by the District pursuant to this P1an.

For wholesale water customers, if anf, a detailed statement withsupporting data and information as to how the pro rata allocation of waterunder the policies and procedures established in the Plan adversely a{fects

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(c)

(d)(e)

(f)

(s)

the petitioner or what damage or harm will occur to the petitioner orothers if petitioner complies with this Plan.

Descripti.on of the relief requested"Period r:f time for which the variance is sought"Alternative measures the petitioner is taking or propo$es to take to meetthe intent of this Plan and the compliance date.Other pertinent information.

Varianees granted by the District shall be subject to the following conditionsunless waived or modified by the District or its designee:

(a) Variances granted shall inelude a timetabie for compliance.(b) Varianees granted sha1l expire when the Plan is no longer in effect, unless

the petitioner has {ailecl to meet specified requirements.

No varlance shall be retroactive or otherwise justify any vialation of this Planoccurring prior to the issuance of the variance.

Section 10: Coordination with North Harris Cquntli &egiongllYpteq."Authqrity"

{a) The District shall consult with the Authority in order to respondappropriately t* the Authority's drought contingency p1an.

(b) Notwithstanding anything to the cantrary set forth above, if the Authorigr(i) implements drought response stages pursuant to its droughtcontingency plan, and (ii) provides notice to the District in accordancewith any procedures set forth in the Authority's drought cr:ntingencyplan, then the District (i) will implement the stage of this Plan thatcontains restrictions at least as stringent as those implemented by theAuthority, and (ii) may terminate such response upon receipt of noticethat the Authority has terminated its drought respon$e $tages.

Secti*n 11: Benledies Cury+1;|!i},*. Al1 rights, remedies, sanctions, penaltiesand enforcement procedures prclvided fi:r in this Order are cumulative. ln addition, theDistrict shall have and may exercise and enfi;rce any and all rights ancl remediesprovided by law or in equity.

$ectiqn 12: Notice to Texaq*Qommission .on Environmental QpAlily. TheDistrict's operator shall notify the executive director of the Texas Commission onEnvironmental Quality within five (5) business days r:f the implementation of anymandatory provisir:rns of this P1an.

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$eqtiqn 13: Whqlesalq fps!"olrlqf"Col"rtracts. If the District enters inta or renewsany wholesale water contracts after adoption of the Plan, said contracts shall include aprovision that in case of a shortage of water resulting from drought, the water to bedistributed shall be divided in accordance with Texas Water Code, Section 11.039.

EXECUTION PAGE FOLLOWS

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PASSED AND APPROVED this l1th day of March, 2019.

President, Board of Directors

ATTEST:

Secretary, of Directors

(SEAL)

7@2il -L1"-

CERTIFICATION

I, the undersigned officer of the Board of Directors of Harris County MunicipalUtility District No. L8 do hereby certify that the foregoing is a true and corect copy ofthe Order Adopting Amended and Restated Drought Contingency PIan; Providing forImplementation and Enforcement Thereof; Providing Penalties for Violations; andContaining Other Provisions Related to the Subject approved by the Board of Directorsof said District on March 1'I.,, 2019, and said rates and rules are currently in effect.

Witness my hand and seal of the District the 11th day of March, 2019.

Secretary of Directors

(sEAL)

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