Fairbury Remains Under Water Warning

Mayor Says He Has Authority to Issue Water Restrictions Despite Out-of-Date Municipal Code By Gordon HopkinsThe City of Fairbury remains under mandatory water restrictions due to a lack of precipitation. Fairbury Mayor Spencer Brown states that he has the authority to issue such restrictions despite some inconsistencies with the outdated Municipal Code Book. According to the U.S. Drought Monitor, Jefferson County is in a moderate to severe drought.The current restrictions were issued on July 29 of this year. A statement from the city said, “Having a dependable water supply is of the utmost importance to our community and during these unprecedented times certain restrictions must be put in place to conserve Fairbury’s water supply. Currently our overall usage has nearly exceeded our pumping capabilities due to the lack of precipitation and decreased groundwater levels. For this reason, it has become necessary for the mayor to take action to ensure that necessary water can continue to be provided to businesses and homes. Pursuant to §51.48 (C) (3) of the Municipal Code the mayor has implement a stage 2 (two) water emergency and is requiring residents conserve water by implementing an odd/even outdoor water use schedule.” Fairbury's Municipal Code Book has a Drought Emergency Contingency Plan, which states, “The City of Fairbury shall address any short-term water shortage problems through a series of stages based on conditions of supply and demand with accompanying triggers, goals and actions. Each stage is more stringent in water use than the previous stage since there will be a greater deterioration in water supply conditions. The mayor is hereby authorized to implement the appropriate conservation measures as set forth in this section, when any of the conditions have been reached which would qualify for any of the specific stages. The mayor is given discretion to declare each particular stage as deemed appropriate by the board of public works by reviewing the severity of the trigger conditions and other additional information, and is further authorized to implement conservation measures within the guidelines provided for each particular stage.” However, the code book has not been updated since 2018. Since that time, a number of changes to the city's government have been implemented which are not reflected in the existing book. Most notably, the city no longer has a board of public works, which was eliminated in 2021.Despite this, Mayor Brown insists this does not impact his ability to issue water restrictions. In an email, the mayor told FJN, “The mayor does not need to be authorized by public works. The code section clearly gives the mayor the legal authority to impose restrictions and orders.” The code lists different stages of a water shortages. Stage one is a water watch. The city is currently in stage two: water warning. This stage is triggered by any one of the following conditions:When system pressure falls below 35 pounds per square inch,Plant operations are at 80 percent capacity for more than three consecutive days or,Demand for one day is in excess of 4,000,000 gallons per day.The current emergency was triggered by capacity, per the mayor.Stage three, a water emergency, is still possible. This stage is triggered by when system pressure falls below 35 pounds per square inch, plant operations are at 90 percent capacity for more than three consecutive days or ground water levels have fallen below normal seasonal levels or demand for one day is in excess of 4,000,000 gallons per day. While the code book states, “The mayor is given discretion to declare each particular stage as deemed appropriate by the board of public works,” he insists he can issue water restrictions without a board of public works.“Declaring a stage recommended by public works,” said the mayor, “(I)s at the mayor’s discretion, making it the mayor’s decision alone. To read it any other way makes no sense given that the mayor has discretion. But most important, nothing requires a stage to be declared to impose restrictions.”The mayor did not respond by press time when he was asked why the municipal code was not changed to reflect the changes when the board of public works was eliminated in 2021. When asked if anyone had challenged the city's ability to restrict water usage, the mayor said, “No, most people are very understanding of the situation and are more than willing to help when it's needed.”The code book does have several other out-of-date passages, such as those referring to the police department, which the city also no longer has. A new, updated version of the code book has been in the works for the last four years. According to City Attorney Kurth Brashear, it should be completed before the end of 2024.

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