# Drought! Watering ban. By what authority? (Atlanta) **URL:** \ **Category:** Factual Questions\ **Created:** [July 17, 2002, 4:23am UTC](https://boards.straightdope.com/t/drought-watering-ban-by-what-authority-atlanta/119346 "2002-07-17T04:23:33Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![stockton](https://avatars.discourse-cdn.com/v4/letter/s/b5a626/32.png) [@stockton](https://boards.straightdope.com/u/stockton)\ **Post date:** [July 17, 2002, 4:23am UTC](https://boards.straightdope.com/t/drought-watering-ban-by-what-authority-atlanta/119346/1 "2002-07-17T04:23:33Z")
I’ll preface my question by stating that I do NOT have a substantial lawn and do not feel compelled to water the patch I have. I’m wondering what authority the news anchors own to announce the daily odd/even restrictions and the 10AM to 10 PM watering ban. Who is enforcing this? If it’s the cops, I’m damned disappointed by this expenditure. If it is a fine, I’d like to know how to contest it, and who I’ll face. What gives the water co. (in Atlanta, a private third-party) the right to infringe on my ability to waste my H20 any way I see fit, at any time of day? I do NOT condone wasting water in short supply, I just wonder why I’m hearing about neighbors turning in neighbors and fines being issued. Show me the law, vigilantes! ---
**Author:** ![Reeder](https://avatars.discourse-cdn.com/v4/letter/r/c6cbf5/32.png) [@Reeder](https://boards.straightdope.com/u/Reeder)\ **Post date:** [July 17, 2002, 4:26am UTC](https://boards.straightdope.com/t/drought-watering-ban-by-what-authority-atlanta/119346/2 "2002-07-17T04:26:04Z")
It’s usually a warning first…then your water is turned off. After that I have no idea. ---
**Author:** ![stockton](https://avatars.discourse-cdn.com/v4/letter/s/b5a626/32.png) [@stockton](https://boards.straightdope.com/u/stockton)\ **Post date:** [July 17, 2002, 4:31am UTC](https://boards.straightdope.com/t/drought-watering-ban-by-what-authority-atlanta/119346/3 "2002-07-17T04:31:53Z")
Thanks, **Reeder**. That answers everything. ---
**Author:** ![Nametag](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/nametag/32/406_2.png) [@Nametag](https://boards.straightdope.com/u/Nametag)\ **Post date:** [July 17, 2002, 6:05am UTC](https://boards.straightdope.com/t/drought-watering-ban-by-what-authority-atlanta/119346/4 "2002-07-17T06:05:45Z")
The order was issued by the state Environmental Protection Division. In addition, more stringent rules were imposed by the water commissions in many states. The EPD has authorized water utilities to enforce the restrictions, as well as any additional restrictions they feel are necessary. ---
**Author:** ![kanicbird](https://avatars.discourse-cdn.com/v4/letter/k/5f8ce5/32.png) [@kanicbird](https://boards.straightdope.com/u/kanicbird)\ **Post date:** [July 17, 2002, 10:35am UTC](https://boards.straightdope.com/t/drought-watering-ban-by-what-authority-atlanta/119346/5 "2002-07-17T10:35:29Z")
Here in NY area it’s a warning or fine. THey will not turn off you water. I doubt anyone would turn off the water unless there is a big uncontrollable leak for fear of being sued. Atlanta takes all it’s water from the ground and has salt water intrusion without drout conditions ---
**Author:** ![TV\_time](https://avatars.discourse-cdn.com/v4/letter/t/f17d59/32.png) [@TV\_time](https://boards.straightdope.com/u/TV_time)\ **Post date:** [July 17, 2002, 12:52pm UTC](https://boards.straightdope.com/t/drought-watering-ban-by-what-authority-atlanta/119346/6 "2002-07-17T12:52:47Z")
Here in my part of Colorado. The drought is so bad that we are allowed to water four hours a week. The police monitor it and give out tickets - $20 for first offense, $50 for second and $100 thereafter. In a nearby community _ALL_ outdoor watering has been banned. Out here we know how bad it is and how low the water table is (we have had less than .38 inches of rain in over a year), and few people argue with the restrictions since what it comes down to is we can either bathe or water our lawns (There are a lot of dirty cars around, too). As to who gives the right to restrict your water? According to Rousseau, you and your neighbors do since no government can exist without the consent of the governed, either implicitly or explicitly. When a sufficent number of individuals find a situation intolerable, they will ban together, and reject the policy by the government that created that situation. But until that time there is understood to be acceptance of that policy. ---
**Author:** ![handy](https://avatars.discourse-cdn.com/v4/letter/h/b5a626/32.png) [@handy](https://boards.straightdope.com/u/handy)\ **Post date:** [July 17, 2002, 2:09pm UTC](https://boards.straightdope.com/t/drought-watering-ban-by-what-authority-atlanta/119346/7 "2002-07-17T14:09:37Z")
Im in an area that has water rationing on & off for twenty years. The water company has the authority to do this & you should call them & ask them for info. I always get a letter in the mail before rationing takes effect & you should have too. This letter lists what they do if you use too much water. For us, they just charge you more & if they find you are using a lot of water you get a fine on top of it. ---
**Author:** ![kniz](https://avatars.discourse-cdn.com/v4/letter/k/c37758/32.png) [@kniz](https://boards.straightdope.com/u/kniz)\ **Post date:** [July 17, 2002, 4:25pm UTC](https://boards.straightdope.com/t/drought-watering-ban-by-what-authority-atlanta/119346/8 "2002-07-17T16:25:47Z")
> [@](#): > > _Originally posted by stockton \* > \*\* the right to infringe on my ability to waste my H20 any way I see fit, at any time of day?_\* [ul]Why do you think it is _your H[sub]2[/sub]O_? 😕[/ul] ---
**Author:** ![ftg](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ftg/32/2801_2.png) [@ftg](https://boards.straightdope.com/u/ftg)\ **Post date:** [July 17, 2002, 5:08pm UTC](https://boards.straightdope.com/t/drought-watering-ban-by-what-authority-atlanta/119346/9 "2002-07-17T17:08:49Z")
The state only tells the counties that a ban is in effect. The counties & cities themselves enact and enforce the ban. Some municipalities have enacted more stringent bans due to dire drought conditions. The counties are obligated to follow the states rule since they have entered pacts with the state and each other on sharing water, which includes provisions for such bans. If they want to continue to draw water from Lanier, Altoona, etc. they have to enact the bans. If you have private well water, you are not affected by such pacts. Who owns, runs, etc. the water company is immaterial. The water company will shut off your water if told to do so by the county sheriff. The sheriff will issue citations, etc. The water company is not usually a law enforcement agency. (But certain employees might be deputized for the purposes of issuing citations for simplicity purposes.) Fun fact: the Atlanta area is now drawing water from Lake Lanier at a rate the Army Corps of Engineers predicted wouldn’t be reached for decades from now. There is no more water\*. The current watering realities are soon going to be permanent. And yet they build more subdivisions. \*There is treated water, and you know what that is. ---
**Author:** ![Balthisar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/balthisar/32/2825_2.png) [@Balthisar](https://boards.straightdope.com/u/Balthisar)\ **Post date:** [July 17, 2002, 5:20pm UTC](https://boards.straightdope.com/t/drought-watering-ban-by-what-authority-atlanta/119346/10 "2002-07-17T17:20:41Z")
Don’t feel bad – we have here in the Detroit area something I thought would never occur: voluntary odd/even water curfewing. We have _plenty_ of water, and there’s not a hint of a drought. But to start a sentence with a conjuction, we don’t have the infrastructure to keep up with the demand. It seems that most of the suburbs here have contracted with the evil, corrupt city of Detroit to provide all of our water supplies, and Detroit’s just so, well, evil and corrupt that their price gouging money didn’t go to maintain and improve their pumping stations and purification plants. Luckily, the ban is still voluntary, except for a couple of places that have their own water supplies, which are also municipal and just as badly run it appears – the ban is an absolute ban! In any case, this sparks a factual question maybe someone bright can answer: this happened for a week last year, too. The city said not to water, because the pressures in the distribution piping were getting too low, which could somehow be dangerous (maybe from siphoning nasty stuff from the wrong end?). BUT, in the evenings when the demand dropped, the fire department was opening all of the fire hydrants to relieve excess pressure (I think that’s why they said)! Anyone able to straighten me up on this? ---
**Author:** ![YiBaiYuan](https://avatars.discourse-cdn.com/v4/letter/y/f475e1/32.png) [@YiBaiYuan](https://boards.straightdope.com/u/YiBaiYuan)\ **Post date:** [July 17, 2002, 5:45pm UTC](https://boards.straightdope.com/t/drought-watering-ban-by-what-authority-atlanta/119346/11 "2002-07-17T17:45:04Z")
Florida has divided the state into large “Water Management Districts” (hereafter WMD). These are huge areas that cover multiple counties each. (I think there are only about a half-dozen which take in the entire state.) Here it is the WMDs that issue the watering bans. They then count on each municipality to enforce them. In my city, for example, city code enforcement officers patrol neighborhoods, and respond to citizens’ reporting of their neighbors. The first offence brings a warning; subsequent offences bring increasing fines. Failure to pay the fine can result in your water being turned off by the city-run utility company. Like you, I have a problem with this. I don’t object to the need to conserve water. I happily do this voluntarily. But I question their authority to make these decisions and enforce them. I can somewhat agree with the concept that if the city is pumping the water out of the ground, filtering and treating it, and distributing it through their system, then they can have some say in how much of the water that they’ve processed is used (or wasted). But this assent on my part is given only to the city utility that has produced and distributed the water, not to the WMD. Where I part views with them has to do with private wells. I have my own well in my back yard that I use for lawn watering. I don’t see where either the city utility or the WMD should have any say over when I use my private well. It’s not part of their system. To verify my feelings I called the city utility company and asked about private wells; they referred me to this area’s WMD. I called the WMD and they said they DO have authority over the use of private wells since private wells draw from the area’s total supply of water. They thus indicated that they believe they have complete authority over all the water in their area and how it’s used. I then questioned them as to the source of their authority, and asked for a cite of the relevant state statute. At this point they became irate and resorted to the immensely enlightening answer, “We just do (… have the authority)! We’re the Water Management District.” This leads me to believe that their authority is based primarily on bluff and threats. If someone were to challenge them in court, they might just win; but they’d look like a water-wasting jerk. (Another possible answer is that there really is a statute to support them, but that the person on the phone just wasn’t aware of it.) Whatever the fact of the matter, I didn’t pursue it any further. ---
**Author:** ![rackensack](https://avatars.discourse-cdn.com/v4/letter/r/e5b9ba/32.png) [@rackensack](https://boards.straightdope.com/u/rackensack)\ **Post date:** [July 17, 2002, 6:05pm UTC](https://boards.straightdope.com/t/drought-watering-ban-by-what-authority-atlanta/119346/12 "2002-07-17T18:05:02Z")
> [@](#): > > \*Originally posted by stockton \* > \*\*I do NOT condone wasting water in short supply, I just wonder why I’m hearing about neighbors turning in neighbors and fines being issued. Show me the law, vigilantes! \*\* Specifically for the city of Atlanta, the law is the Code of Ordinances of the City of Atlanta, Part II, Chapter 154, Utilities, Section 154-73: > [@](#): > > \*\*Sec. 154-73. Water use restrictions. \*\* > (a) By resolution, the city council may authorize the commissioner of the department of water to impose restrictions on the use of water based upon requirements of the Georgia Department of Natural Resources and/or the available capacity of the city water supply and declare unlawful the use of water in violation of such restrictions. > (b) Any person or user of the city’s water system who violates mandatory water restrictions or mandatory water conservation policies as imposed by the city shall first be issued a notice of violation. The notice of violation shall be in writing, include a description of the property sufficient for identification of where the violation has occurred, list the restriction which has been violated, and state that, upon a second violation, water service to the property may be terminated and a surcharge assessed to restore service. The warning shall be in the form of written notification either personally served on the customer or consumer or left at the premises, and shall bear an emergency contact number. > © The commissioner of the department of water or his or her designee, including the city’s contractor, is hereby authorized to monitor the compliance of customers and consumers with the above restrictions as implemented, and to terminate service to any premises at which such restrictions are not observed after notice has been provided and a second violation has occurred. The city may impose a surcharge to cover the administrative costs of enforcement each time the customer or consumer fails to comply with implemented water restrictions. The commissioner of the department of water or his or her designee may promulgate procedures for imposition and collection of any surcharge. > (d) In the case of multi-unit residential dwelling where two or more units are served by a single meter, water service may not be terminated for a violation of water restrictions pursuant to this Code section, provided that written notification is given to the person in whose name the water bill is issued that an assessment will be made on such bill for the second and each subsequent failure to comply, unless other arrangements for payment are made within 30 days. > (e) Any person aggrieved or affected by any decision hereunder may appeal to the water and sewer appeals board, as provided in section 154-26 of the City Code; provided, however, that it is declared as a matter of policy that the owner of any premises is responsible for such assessments unless the person found in non-compliance can be identified and charged with the assessment. > (f) The commissioner of the department of water may modify or cancel water restrictions or add additional restrictions from time to time as the emergency conditions affecting the water system may worsen or abate. > (Ord. No. 2000-40, §§ 1–7, 6-27-00) Sections 153-2 and 153-3 authorize the department of water to delegate certain of the functions assigned to the department of water to an outside company by contract. Source: online codes section of [Municode.com](http://www.municode.com/Resources/online_codes.asp) ---
**Author:** ![DoctorJ](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/doctorj/32/2904_2.png) [@DoctorJ](https://boards.straightdope.com/u/DoctorJ)\ **Post date:** [July 17, 2002, 8:48pm UTC](https://boards.straightdope.com/t/drought-watering-ban-by-what-authority-atlanta/119346/13 "2002-07-17T20:48:45Z")
Here in our patch of North Carolina, we’ve entered our 4th straight drought year. We’re currently over a year behind in our rainfall. The current water restrictions ban washing your car at home and lawn sprinklers, and I fully expect things to get much worse before they get much better. For the record, it’s not YOUR water, it’s everybody’s water, and the local government has a duty to make sure that a community resource is used to the greatest benefit of the community. ---
**Author:** ![stockton](https://avatars.discourse-cdn.com/v4/letter/s/b5a626/32.png) [@stockton](https://boards.straightdope.com/u/stockton)\ **Post date:** [July 17, 2002, 10:10pm UTC](https://boards.straightdope.com/t/drought-watering-ban-by-what-authority-atlanta/119346/14 "2002-07-17T22:10:06Z")
Awesome reply. Thanks **rackensack.** Who gave them the authority? I DID! Via my city council, of course. Excellent source of info in your answer, too. **reeder,** I meant to put a smiley after my wiseassed response to you and clicked submit instead of preview… so here it is, belatedly ----\> 😉 **DoctorJ (and kniz)**, I agree wholeheartedly that it’s everyone’s duty to conserve. I was just concerned that this was an arbitrary “law” created by the United Water Company, and I was wondering about recourse. Ol’ **rackensack** set me wise. ---
**Author:** ![handy](https://avatars.discourse-cdn.com/v4/letter/h/b5a626/32.png) [@handy](https://boards.straightdope.com/u/handy)\ **Post date:** [July 17, 2002, 11:42pm UTC](https://boards.straightdope.com/t/drought-watering-ban-by-what-authority-atlanta/119346/15 "2002-07-17T23:42:25Z")
I forgot to add that I believe the State of California water agency determines how much water our local water company is allowed to let us use & if they go over that they get fined. ---
**Author:** ![NinetyWt](https://avatars.discourse-cdn.com/v4/letter/n/cc9497/32.png) [@NinetyWt](https://boards.straightdope.com/u/NinetyWt)\ **Post date:** [July 18, 2002, 1:18am UTC](https://boards.straightdope.com/t/drought-watering-ban-by-what-authority-atlanta/119346/16 "2002-07-18T01:18:20Z")
Here in Mississippi the Geological Survey helps municipalities and counties determine where to put their groundwater wells. They do this to keep the drawdown areas from overlapping. They also keep an eye on the drawdown in drought situations; they can notifiy the entities owning the wells when they should enact a ban. In other words, the state tries to manage its groundwater supplies so that we will not run out in the future. The authority question has already been answered; and the conservation to an extent also. Ya’ll don’t forget fire protection. In our city, we might enact a ban during drought conditions if the water tanks are not refilling enough at night to ensure a sufficient supply of water for fire protection. I’ve heard it said that future generations will fight over water. ☹ ---
**Author:** ![Duckster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/duckster/32/1244_2.png) [@Duckster](https://boards.straightdope.com/u/Duckster)\ **Post date:** [July 18, 2002, 2:52am UTC](https://boards.straightdope.com/t/drought-watering-ban-by-what-authority-atlanta/119346/17 "2002-07-18T02:52:15Z")
You forget that water is a utility resource, owned by everyone, and by no one. The private company that supplies you with water is merely performing a service at the behest of the greater society. They are compensated for their service. As such, as a service utility company they are bound by regulations imposed upon it by that society so that water is made available to all. So in order to keep the water flowing, even a reasonable amount for all, regulations and restrictions are in order. I suggest you do some search into fresh water. It is a scarce and diminishing resource, worldwide. Nearly 97% of the world’s water is salt or otherwise undrinkable. Another 2% is held in ice caps and glaciers. That leaves just one percent for all of humanity’s needs - agricultural, residential, manufacturing, and community needs. (United States Geological Survey) If your really want to be selfish with a resouce you do not own, go buy bottled water by the tanker load and waste all you want. In that case, you do own it. But the stuff that comes out of the tap is not owned by you, nor should it be wasted by you. ---
**Author:** ![Achernar](https://avatars.discourse-cdn.com/v4/letter/a/e274bd/32.png) [@Achernar](https://boards.straightdope.com/u/Achernar)\ **Post date:** [July 18, 2002, 3:24am UTC](https://boards.straightdope.com/t/drought-watering-ban-by-what-authority-atlanta/119346/18 "2002-07-18T03:24:45Z")
> [@](#): > > \*Originally posted by Duckster \* > **It is a scarce and diminishing resource, worldwide. Nearly 97% of the world’s water is salt or otherwise undrinkable. Another 2% is held in ice caps and glaciers. That leaves just one percent for all of humanity’s needs - agricultural, residential, manufacturing, and community needs. (United States Geological Survey)** Okay, so there are only 3,612,000,000,000,000,000 gallons of fresh water available ([cite](http://pao.cnmoc.navy.mil/educate/neptune/trivia/earth.htm)), so that covers scarce. But what about diminshing? By how much is the fresh water supply diminished every year? ---
**Author:** ![NinetyWt](https://avatars.discourse-cdn.com/v4/letter/n/cc9497/32.png) [@NinetyWt](https://boards.straightdope.com/u/NinetyWt)\ **Post date:** [July 18, 2002, 6:34am UTC](https://boards.straightdope.com/t/drought-watering-ban-by-what-authority-atlanta/119346/19 "2002-07-18T06:34:16Z")
I found these sites of interest: [http://www.pubworks.org/ResourceCenter/index.asp?Section=waterres&SectionName=Water+Resources#drinking](http://www.pubworks.org/ResourceCenter/index.asp?Section=waterres&SectionName=Water+Resources#drinking) [http://www.awwa.org/Advocacy/pressroom/pr/020711.cfm](http://www.awwa.org/Advocacy/pressroom/pr/020711.cfm) ---
**Author:** ![Balthisar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/balthisar/32/2825_2.png) [@Balthisar](https://boards.straightdope.com/u/Balthisar)\ **Post date:** [July 18, 2002, 10:45am UTC](https://boards.straightdope.com/t/drought-watering-ban-by-what-authority-atlanta/119346/20 "2002-07-18T10:45:29Z")
> [@](#): > > \*Originally posted by Duckster \* > \*\*If your really want to be selfish with a resouce you do not own, go buy bottled water by the tanker load and waste all you want. In that case, you do own it. > > But the stuff that comes out of the tap is not owned by you, nor should it be wasted by you. \*\* Minor question – what’s the difference in “ownership” in buying bottled water, and buying the stuff out of the tap. We PAY for it, and hence OWN it, identically to bottled water. Related to this, if we own our land and the mineral rights, that includes the portion of the water table on the land, or are there legal distinctions are work here? [Next page](https://boards.straightdope.com/t/drought-watering-ban-by-what-authority-atlanta/119346.md?page=2)