Section 185.90. Water Supply Shortage.

 

(1)   Declaration. A public utility may declare a water supply shortage if the public utility cannot adequately meet customer demand due to drought, insufficient source capacity, or excessive demand.

(2)   Plan. A public utility may adopt a water supply shortage curtailment plan and file the plan with the commission under s. PSC 185.21 .

(3)   Applicability. Unless a public utility has adopted a water supply shortage curtailment plan under sub. (2) , the provisions of this section apply.

(4)   Temporary curtailment. Except as provided in sub. (6) , a public utility may temporarily curtail water service to some or all of its customers during a water supply shortage, if the curtailment is necessary to protect public utility facilities, to prevent a dangerous condition, or to alleviate a condition that presents an imminent threat to public health, welfare, or safety.

(5)   Utility responsibilities. If a public utility determines that it is necessary to curtail service under this section, the public utility shall do all of the following:

(a) Make reasonable efforts to notify customers affected by the water supply shortage.

(b) Request all customers to enact voluntary water conservation measures to reduce water consumption, including limiting irrigation and other non-essential uses.

(c) Implement any curtailment in an equitable manner that allows the public utility to maintain reasonably adequate service to the greatest number of customers, consistent with public health, welfare or safety.

(d) Promptly restore service.

(6)   Approval to curtail essential use customers. A public utility may not curtail service to a customer under this section without the commission's prior approval if the customer provides essential public health, welfare, or safety functions that require consistent water service or if any of the conditions described in s. PSC 185.37 (8) (h) , (8m) , (9) , or (10) apply.

(7)   Report. A public utility shall report to the commission within 7 days of declaring a water supply shortage. The public utility shall include in the report the reasons for any curtailment, the number of customers affected, the duration of the curtailment, and any other information requested by the commission.

CR 11-039 : cr. Register July 2012 No. 679 , eff. 8-1-12.