Water Conservation Ordinances
For more than 25 years, Tucson Water has implemented many different strategies for reducing water consumption in our community, including public education, conservation-sensitive water rates, direct assistance and training programs, and via specific water conservation ordinances. By codifying these water conservation strategies into law, Tucson’s Mayor and Council have ensured that these policies will remain active and enforceable for many years to come. The ordinances include water waste guidelines, plumbing codes, landscape regulations, and mandatory water conservation strategies for use in a water supply emergency.
Water Waste and Tampering -
Ordinance 6096
Since 1984, it has been illegal in Tucson to allow water to escape from private property onto another person's property or onto public property such as alleys and streets. The water waste and tampering ordinance reinforces the message that it is unethical as well as unlawful to waste water in Tucson. Updates to the Water Waste and Tampering Ordinance were made in 1989, and again in 2000.
Tucson Water employs several citation officers or "water cops" who investigate all reported cases of water waste. They also look for evidence of water waste as they patrol Tucson's streets. The "water cop" usually issues a warning for a first-time violation and provides information to the individual about how to correct the problem. If the problem continues, a citation is written. Cited individuals have five days in which to act (pay a fine or contest the charge), or automatically be held liable. Under the law, water wasters can be fined up to $1,000. Depending on the circumstances, this ordinance also allows a property manager or landscape contractor to be cited for water waste in addition to the property owner.
Water-wasting activities that are prohibited include:
- Allowing water to escape from any premises onto public property, such as alleys or streets, or upon any other person’s property.
- Allowing water to pond in any street or parking lot to a depth greater than ¼ inch or to permit water to pond over a cumulative surface area greater than 150 square
feet on any street or parking lot. - Washing driveways, sidewalks, parking areas, or other impervious surface areas with an open hose, or a spray nozzle attached to an open hose, or under regular or system pressure, except when required to eliminate conditions that threaten public health, safety or welfare. This restriction does not apply to residential customers.
- Operating a misting system in unoccupied non-residential areas.
- Operating a permanently installed irrigation system with a broken head or emitter, or with a head that is spraying more than 10 percent of the spray onto the street, parking lot, or sidewalk. This prohibition does not apply unless the head or emitter was designed to deliver more than one gallon of water per hour during normal use.
- Failing to repair a controllable leak, including a broken sprinkler head, a leaking valve, or a leaking faucet.
As part of the water ordinance, it also is illegal to tamper with or bypass water meters. The ordinance regulates illegal hose or water meter tie-ins. In 1989, the Mayor and City Council passed an amendment to the Tucson City Code related to bypassing water metering. The amendment places the burden of proof on the customer if the customer's meter has been tampered with. Violators can be fined $250 on a first offense. The second offense carries a fine of $500 and subsequent offenses a minimum fine of $1,000.
Although violations of the Water Waste Ordinance carry the potential for fines and discontinued water service, the main effort of the Water Waste Enforcement program remains educational, even after a citation has been issued. A unique Water Management Diversion Program has been developed that will provide the responsible party with the knowledge, skills, and certain tools needed to effectively control water use on properties, with the goal of eliminating waste. The class is offered as an alternative to paying the penalty.
Plumbing Codes - Ordinance 7178
In 1989, Pima County and the City of Tucson adopted parallel plumbing codes requiring water-efficient fixtures in all new residential and commercial construction. Under the ordinances, toilets must be ultra-low-flush models using 1.6 gallons or less per flush while showerheads and faucets must not exceed 2.5 gallons a minute. The codes also apply to the replacement of plumbing fixtures in existing homes and commercial buildings during renovation. Ultra-low-flush toilets conserve up to four gallons per flush saving approximately 4900 gallons per year for a typical two-person household. Low-flow showerheads and faucets can reduce the flow of water by 50 percent and result in thousands of gallons of water being saved in each residence or business.
The codes also require evaporative cooling systems, decorative fountains, and waterfalls be equipped with water recycling or reuse systems in an effort to reduce water usage. New commercial, industrial, and public construction must contain spring-loaded faucets that close when not in use or faucets that are equipped with metering valves that automatically close after delivering a maximum of 1/4 gallon. In addition to the ultra-low-flow toilets, public urinals must not use more than one gallon per flush and cannot use a timing device to flush periodically regardless of demand. Under the ordinances, water-cooled refrigeration systems must discharge an average of five gallons or less per ton per hour of condenser wastewater and must have a cooling tower, an evaporative condenser, or an acceptable water circulation device installed.
In 1991, both the City of Tucson and a Pima County rescinded the requirement that building permits be obtained to replace existing toilets. This action encouraged more individuals to consider replacing their conventional fixtures with water-efficient models.
The plumbing ordinances are an important part of our community conservation program and are expected to account for 51 percent of the water saved in Tucson between 1990 and 2100.
Xeriscape Landscaping and
Screening Regulations -
Ordinance 7522
A Xeriscape landscaping and screening ordinance became effective in February 1991. This comprehensive landscape code applies to new multifamily, commercial, and industrial development. One of the goals of this ordinance is to conserve water by using established xeriscape principals in landscape design. The regulations require the use of drought-tolerant plants from a published list and limits non-drought tolerant vegetation to small "oasis" areas. Multifamily facilities may develop five percent of a site as an oasis area. Oasis areas for commercial facilities are restricted to 2.5% of a site. Any water features or turf must be confined to the oasis areas. Canopy trees are required within all buffer yards, along street frontages, and within parking lots with one tree for every 15 spaces. All exposed ground areas of a site must be landscaped with ground cover to control dust. Landscaped area must be designed to take advantage of storm water run-off and the use of water-conserving irrigation systems is required.
Emergency Water Conservation -
Ordinance 8461
During the spring of 1995, Mayor and City Council approved the Emergency Water Conservation Ordinance, which has the ability to regulate water use during emergency conditions. This ordinance is designed to ensure that the health and safety needs of the community are met during times of an emergency. Typically, such an event would limit the amount of water the utility would be able to deliver to its customers. An emergency situation might involve the loss of a well field, damage to a major transmission line, loss of a water treatment facility, or extended periods of high customer demand.
Regardless of the source of water, the ordinance allows for certain non-essential uses of water to be prohibited or restricted to ensure sufficient water is available to meet basic needs such as cooking, cleaning, bathing, toilet flushing, and maintaining sufficient flows for fire protection. Similar ordinances are in place in many other communities to address various emergency conditions.
Specific restrictions include:
- A prohibition on all outdoor irrigation, except for areas using reclaimed water. A schedule designating specific watering days may be implemented in place of a ban.
- Washing of sidewalks, driveways, tennis courts, patios, and other paved areas is prohibited.
- Outdoor use of water-based play apparatus is prohibited.
- A minimum operating efficiency level of two cycles of concentration is required for water-cooled space and equipment cooling systems.
- Restaurants and other food service establishments are prohibited from serving water to customers, except upon request.
- Operation of outdoors misting systems used to cool public areas is prohibited.
- Filling of swimming pools, fountain spas, or other outdoor water features is prohibited.
- Washing of automobiles, trucks, trailers, and other vehicles is prohibited, except at facilities equipped with wash water recirculation systems.
Exemptions from the requirements may be granted for reasons related to public health and safety, or economic hardship.
If you are interested in finding more information on these ordinances, you may follow these links to the Office of the City Clerk; once there, you should click on "City Code".
