31 Tex. Admin. Code § 358.6 - Water Loss Audits
(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) Validation - The process of examining
water loss audit inputs to identify and correct inaccuracies in water loss
audit data and the application of methodology to evaluate and communicate the
uncertainty inherent in water loss audit data.
(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.
(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) A 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.
(5) Effective January 1, 2025, a utility
required to submit a water loss audit annually as described in paragraph (1)(B)
of this subsection or that is applying for financial assistance will be
required to have its most current water loss audit validated within three
months of submittal or prior to consideration of a request for financial
assistance from the board. The executive administrator will validate the
submitted water loss audit in conference with the retail public utility.
Alternatively, the utility may elect to have the water loss audit validated by
a person other than the executive administrator. Should a water loss audit be
validated by a person other than the executive administrator's staff,
validation must follow TWDB's validation guidelines and be performed by a
person other than the person submitting the water loss audit, who has completed
water loss audit validation training and is certified to conduct such
validation.
(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, the audit is completed by a person who has
been trained to conduct water loss auditing as described in subsection (b)(4)
of this section, and the audit has been validated as described in subsection
(b)(5) of this section. 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
certain retail public utilities:
(1) For a
retail public utility with 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 30 gallons
per connection per day.
(2) For a retail public utility with 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 connection per day must be less than 57 gallons per connection per
day.
(3) 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 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
the applicable real loss threshold described in subsections (e)(1)(B) or
(e)(2)(B) of this section.
(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.
(g) The Board will provide technical
assistance to retail public utilities to conduct water loss audits required to
be submitted to the Board and to apply for financial assistance from the Board
to mitigate a retail public utility's water loss.
(1) A retail public utility required to
conduct and submit to the executive administrator a water loss audit in
accordance with the provisions of this subchapter may request from the Board
assistance to:
(A) conduct a water loss audit
as required by this subchapter; or
(B) apply for financial assistance from the
Board to mitigate a retail public utility system's total water loss, as
determined by a recent water loss audit.
(2) In complying with the requirements in
paragraph (1) of this subsection, the Board may contract with or partner with
other entities as permitted by law to conduct the water loss audit of a retail
public utility or contract with or partner with other entities to assist with
an eligible retail public water utility's application to the Board for
financial assistance to mitigate a system's total water loss, as determined by
a recent water loss audit.
(h) The executive administrator shall
prioritize technical assistance offered by the Board according to the criteria
identified in Texas Water Code §
16.0121(k)
including:
(1) the water loss audits submitted
to the Board;
(2) the population
served by the retail public utility;
(3) the system integrity of the retail public
utility as evidenced by the quality of data submitted in its water loss audit;
and
(4) other relevant factors as
determined by the Executive Administrator.
(i) The executive administrator shall
publicly post on the Board's official website a summary of:
(1) the information included in the water
audits required by Texas Water Code §
16.0121(b)
and §
16.0121(b-1)
according to category of retail public utility and according to regional water
planning area;
(2) the measures
taken by retail public utilities to reduce water loss; and
(3) a list of those retail public utilities
receiving technical assistance as established under subsection (g) of this
section, including details related to use of the Board's financial assistance
to mitigate a retail public utility's total water loss.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.