CHAPTER 538

STATE OF DELAWARE

EXECUTIVE DEPARTMENT

DOVER

EXECUTIVE ORDER NUMBER FIVE

RE: DECLARATION OF DROUGHT WARNING; DROUGHT ADVISORY COMMITTEE

NOW, THEREFORE, I Michael N. Castle, by the authority vested in me as Governor of the State of Delaware, do hereby declare and order that:

1. This Executive Order shall constitute a drought warning for the State of Delaware.

2. All State agencies shall immediately impose a ban on all non- essential use of water as more fully set forth in paragraph three of this Executive Order.

3. All Delawareans are asked to voluntarily restrict the non- essential use of water including but not limited to the following:

(a) The use of fresh water for non- agricultural Irrigation and watering of outdoor gardens, landscaped areas. trees, shrubs, and outdoor plants with these exceptions:

(1) Water applied by hand- held containers or hand-held hoses with mutually operated flow control nozzles for irrigation to domestic vegetable and fruit gardens; and

(2) Water used by commercial nurseries at the minimum amount necessary W maintain stock; and

(3) Water applied in the minimum amount necessary to implement revegetation of land following earth moving where it is necessary to prevent soil erosion; and

(4) Water applied in the minimum amount necessary to allow new lawns and shrubs to survive or for application of fertilizers and herbicides to existing lawns.

(b) The use of water for washing paved surfaces such as streets. roads, sidewalks, driveways, garages, parking areas, tennis courts and patios;

(c) The use of water for watering any portion of golf courses except tees and greens:

(d) The use of water for ornamental purposes including fountains. artificial water fails, and reflecting pools:

(e) The use of water for non- commercial washing and cleaning of automobiles, trucks, Of other motor vehicles and trailers, except domestic washing from hand- held buckets and hand-held hoses with automatic flow control nozzles where use is restricted to the minimum volume necessary;

(f) The use of water from a fire hydrant for any purposes (including the use of sprinkler caps) except for fire fighting;

(g) The use of water for flushing sewers or hydrants except as deemed necessary In the interest of public health and safety;

(h) The serving of water in restaurants, clubs, and entertainment establislunents unless specifically requested by a customer. Additionally. the citizens of Delaware are urged to adopt other measures to save water where possible, including observing the following practices; repairing leaky water fixtures; flushing toilets only when necessary; minimizing splashing from swimming pools and avoiding evaporation by covering pools when not in use; installing shower flow restriction, tollet tank dsuns, and faucet aerators.

4. Delaware water suppliers are requested to consider the adoption of such other water conservation measures as may be practicable.

5. The Department of Natural Resources and Environmental Control and the Delaware Geological Survey will immediately prioritize agency programs so as to give water resource evaluations and relevant conservation measures a high priority.

6. The Department of Natural Resources and Environmental Control shall Immediately implement the drought warning directives set forth in the Comprehensive Water Management Plan.

7. The Department of Natural Resources and Environmental Control will immediately schedule a public hearing upon twenty (20) days notice to consider potential mandatory restrictions on water use should such action become necessary.

8. There shall hereby be established a Drought Advisory Committee composed of the following eight (8) members:

(a) Governor's Chief of Staff, Chairman;

(b) Secretary of Department of Natural Resources and Environmental Control;

(c) Secretary of the Department of Public Safety;

(d) Chairman of the Public Service Commission;

(e) Director of the Delaware Geological Survey;

(f) State Fire Marshal;

(g) Secretary of the Department of Agriculture;

(h) Secretary of the Department of Health and Social Services;

9. The Drought Advisory Committee shalt Investigate and report to the Governor on measures that may be necessary to implement under a drought emergency. Such measures to be considered shall include but are in no way limited to the following:

(a) Additional resource management aimed toward the efficient utilization of water resources of the State including those concerning the physical capabilities, and problems of water delivery;

(b) Operating procedures for the transfer of water wherever pouible;

(c) Enforcement measures which should be taken in addition to those normally carried out by the police;

(d) The feasibility of modifying user rates and imposing surcharges by water utilities to encourage the maximum utilization of surface Waters and water conservation;

(e) The need for contingency funds to carry out actions under a declared drought emergency.

10. The Drought Advisory Committee shall consult with other agencies and organizations both public and private in carrying out the above described activities. The organizations and agencies to be consulted include but are not limited to the following:

(a) Delaware Farm Bureau;

(b) Delaware State Grange;

(c) New Castle County Water Resources Agency;

(d) Nursery and tree growers associations;

(e) Water utility companies;

(f) Any other major water user groups deemed appropriate.

Approved this 9th day of May. 1985. (GREAT SEAL)

MICHAEL N. CASTLE GOVERNOR

(Attest:) Michael E. Harkins Secretary of State