§ 440-26. Water conservation., Chapter 440. Water Service and Operations, Part II. General Legislation, Code of Ordinances, Las Vegas

Short title. This section may be cited as the "City of Las Vegas Water Conservation Ordinance."

Purpose. The purpose of this section is to provide the City the means to reduce per capita water demands by requiring its government, citizens and businesses to comply with prescribed water conservation regulations and by establishing financial and other incentives for water conservation.

Scope. This section shall apply to all City provided water, whether potable or effluent, and all customers of the City water or wastewater utility wherever situated to the extent legally permissible.

Declaration of policy.

(1)

The governing body finds and determines that encouraging and requiring the adoption of water conservation measures is an effective and low-cost means to balance water demands with limited available water supplies and production capabilities. The governing body further recognizes that as a consequence of implementing water conservation regulations, reduction in water use provides the following benefits to the City and its citizens:

(a)

Potential for reduction of individual residential and commercial customers' water and sewer bills.

(b)

Provides a means of working within available supply and water rights while additional supply sources are being brought on line with an interim goal of 2.5% per year reduction in treated water produced with a goal of reaching 75 gallons per capita per day over the next 20 years. This will allow the City to stay within its allotted water rights.

(c)

Reduces peak summer demands thereby reducing short- and long-term system costs.

(d)

Enhances the local environment by minimizing transport of fertilizer, pesticide, and other contaminants from runoff to surface waters and deep percolation to groundwaters. Enhances the global environment by reducing energy consumption associated with water production, treatment, and distribution.

(2)

It is hereby declared, because of the City's immediate and long-term limited water supplies and the overall benefits of water conservation, that the City promote and require water use efficiency strategies for the public health, safety, and general welfare of its citizens.

(3)

It is hereby declared that, to promote implementation of efficiency measures, the City establishes a water rebate program to be developed and administered by the Utilities Department.

(4)

It is hereby declared that the City shall consult with other stakeholders to include the Office of the State Engineer, Acequias and Storrie Water Users' Association to maximize the effectiveness of water conservation in the Gallinas River Basin. The City will work with the above-named agencies to promote water conservation projects.

(5)

It is hereby declared that the City shall develop and implement water pricing mechanisms such as progressive block rate structures and/or other feasible alternatives to encourage water conservation.

(6)

It is hereby declared that water rate structures shall be established so as to provide sufficient receipts to cover all of the Utility's aggressive retrofit rebates and other water conservation efforts.

(7)

It is hereby declared that if any part of this section is stricken as illegal, then the remainder of this section will continue with full force and effect.

(8)

It is hereby declared that the City shall take a leadership in position and be in compliance with all requirements within 12 to 18 months.

(9)

It is hereby declared that the City will assess leaks in the distribution system within 12 months of implementation of this section and establish and maintain an ongoing leak detection program.

(10)

It is hereby declared that the City shall develop a meter inspection program and monitor unaccounted for unbilled water.

(11)

It is hereby declared that the City, within 12 to 18 months, shall develop and promulgate policies which provide for a family of year-by-year quantitative water conservation goals, to include items such as total surface water diversion, total groundwater diversions, distribution system losses, and criteria for specific major users. The City shall establish policies to ensure a proactive violation detection program.

Signage, public notices, education.

(1)

Signage.

(a)

Public, semipublic, and governmental rest room and shower facilities. These facilities shall post no less than one water conservation sign in each rest room and shower facility, the size of which shall not be less than 8.5 inches by 11 inches. Entities may use a City-provided sign or develop their own sign using City-provided text, the text of which shall cite this section. A "semipublic facility" shall include all private clubs and fraternal organizations. Postings shall be displayed in a visible location.

(b)

Hotels, motels, and other lodging facilities. These facilities shall include a water conservation informational card or brochure in a visible location in each guest room. Entities may use City-provided literature or develop their own using City-provided text.

(2)

Notices. The Utilities Department shall make the following information available to the public through local media outlets or and through distribution of public education materials:

(a)

Snow water equivalent as measured at the Wesner Springs SnoTel Measuring Site by comparison of recent measurements to the previous three years for the same period (to be made available to local media outlets during the months of February, March and April).

(b)

Gallinas River flows, total water production and current reservoir storage (to be made available to local media outlets year round).

(c)

Retail plant nurseries. Retail plant nurseries shall provide their end use customers with City-provided low-water-use landscape literature and water efficient irrigation guidelines at the time of sale of any outdoor perennial plants. An "end-use customer" is the person or persons who will ultimately own the plant material. A landscape contractor or architect is not an end-use customer. In order to facilitate the purchasing of low-water-use plants, nurseries are strongly encouraged to tag or sign their low-water-use plants.

(d)

Landscape contractors and architects. Landscape contractors and architects shall provide prospective clients with City-provided low-water-use landscape literature and water efficient irrigation guidelines at the time of presenting a service contract to their prospective client. Landscaping professionals are strongly encouraged to educate their customers regarding the operation of timed irrigation systems and/or cisterns for water harvesting and curb cuts to catch road runoff where appropriate.

(e)

Realtors, title companies, attorneys, banks, and other closing real estate transactions. These individuals or entities shall provide the party purchasing a home, business, or property with City-provided indoor and outdoor water conservation literature at the time of closing.

(f)

City departments. The City shall provide indoor and outdoor conservation literature:

[1]

To all persons applying for a building permit.

[2]

To all customers initiating new water service from the City of Las Vegas Utilities Department

(3)

Education.

(a)

The City Utilities Department shall make available water conservation educational material to increase the awareness of the public regarding the value of our water resources and how water can be used more efficiently (year round). The City shall seek to coordinate the exchange and distribution of educational materials and awareness efforts with New Mexico State agencies, acequias, municipalities, counties, and utilities.

(b)

The City Utilities Department shall inform the public of the water conservation measures of this section. Public information/education will be conducted for a reasonable period as to allow the public to become informed of said conservation measures. The effectiveness of this education will be made available to the public.

(c)

The City Utilities Department will maintain a continuing public education program concerning water conservation to include the measures of this section throughout the year.

(d)

The City Utilities Department will post on its website an annual report of overall City facility water consumption figures and top 10 water users by class during the month of February.

Outdoor uses. The following subsection shall apply to all City customers using City-provided water for outdoor uses. These restrictions shall also apply to any properly licensed person, firm or corporation engaged in the business of growing or selling plants. The City encourages the use of greywater meeting applicable standards or water harvested from precipitation.

(1)

Irrigation. Irrigation shall be permitted on:

(a)

Even-numbered calendar days at locations with even-numbered street addresses.

(b)

Odd-numbered calendar days at locations with odd-numbered addresses.

(c)

Irrigation shall be permitted during the early morning from 6:00 a.m. to 8:00 a.m. or late evening from 8:00 p.m. to 10:00 p.m.

(2)

Irrigation systems. Overhead spray irrigation systems are prohibited in all areas except turf areas. Temporary irrigation systems will be reviewed on a case-by-case basis.

(3)

Shutoff nozzles shall be required on all hoses used for hand watering, washing of vehicles, or any other type of outdoor water use.

(4)

Large landscaped areas. Areas with water pressure limitations or inadequate irrigation equipment which restrict the owner's ability to irrigate in the odd/even manner specified in the above subsections may designate a portion of its landscape area as "odd" and a portion as "even." The Utility Department shall approve this designation prior to irrigating. The utility account holder shall submit an irrigation plan with a sketch map showing odd and even irrigation areas.

(5)

Owners of acequia rights or private wells. To the extent that water is available, those supplies shall be used prior to the use of City water.

(6)

Minor private water service line leaks, as determined by the City, shall be repaired by the owner or property manager within 15 days of initial notification by the City. A severe leak, as determined by the City, shall be repaired immediately. Failure to do so may result in discontinuance of service as set forth in § 440-10 of this chapter. Proof of repair shall be provided to the City Utilities Department upon completion of the repair.

(7)

Concrete, cement, asphalt, or other impervious surfaces shall not be washed down with a hose or other means of transported water, unless there is a hazard to be removed. The City Utilities Department and City Fire Department shall be advised of said hazard. Surfaces include, but are not limited to, sidewalks, parking lots, ramps, and loading docks.

(8)

In order to protect the large public investment in parks and playing fields the use of treated effluent water to water trees and shrubs in public parks, playing fields and other publicly maintained spaces may be restricted by the Utilities Department but is generally exempt from Stage I, II, III and IV watering restrictions. This subsection recognizes that even in times of low water parks and playing fields are essential to the continuing quality of life in the City and may even help to minimize long-term water consumption by providing shaded areas and reducing runoff.

(9)

Water waste.

(a)

Citizens shall not allow any water, such as City water, well water, or effluent water, to leave the customer's property by drainage onto adjacent properties or public or private roadways or streets.

(b)

Sprinklers shall be shut off during rainy and windy events.

Indoor uses.

(1)

Minor indoor plumbing leaks, as determined by the City, shall be repaired by the owner or property manager within 15 days of initial notification by the City. A severe leak, as determined by the City, shall be repaired immediately. Failure to do so may result in discontinuance of service as set forth in § 440-10 of this chapter. Proof of repair shall be provided to the City Utilities Department upon completion of the repair.

(2)

Water conservation plumbing. For all new construction, remodeling and all replacements of existing plumbing fixtures, the water conservation plumbing standards set out below shall be met. In addition, with the exception of Subsection G(2)(d), it is strongly recommended that all existing nonresidential water users shall retrofit their facilities such that the plumbing fixtures noted below are in place one year from the date of adoption of this subsection. It is also strongly recommended that any residential property with more than three rental units shall retrofit their facilities such that the plumbing fixtures noted below, with the exception of Subsection G(2)(b) and (d), are in place one year from the date of adoption of this subsection.

(a)

Water closets. Water closets, either flush tank, dual flush, flushometer tank, or flushometer valve operated, shall have an average consumption of not more than 1.6 gallons (6.1 liters) of water per flush or less.

(b)

Urinals. Urinals shall have an average water consumption of not more than 1.0 gallons (3.8 liters) of water per flush.

(c)

Nonmetered faucets. Lavatory and kitchen faucets shall be equipped with aerators and shall be designed and manufactured so that they will not exceed a water flow rate of 2.0 gallons (9.5 liters) per minute.

(d)

Metered faucets. Self-closing metering faucets shall be installed on lavatories intended to serve the transient public, such as those in but not limited to public institutions, service stations, train stations, airports, restaurants, and convention halls. Metered faucets shall deliver not more than 0.25 gallons (1.0 liters) of water per use. New construction must install infrared sensor hands-free faucets in all buildings with public access.

(e)

Shower heads. Shower heads shall be designed and manufactured so that they will not exceed a water supply flow rate of 2.5 gallons (9.5 liters) per minute. Emergency safety showers are exempted from this subsection. The City Utility Department shall make available low-flow showerheads to its customers, subject to the availability of funds.

(f)

Recirculating hot water systems. Hotels and motels shall install recirculating hot water systems on all new construction.

(g)

Installation. Water-conserving fixtures shall be installed in strict accordance with the manufacturer's instructions to maintain their rated performance.

(h)

Certificate of compliance. All of the requirements regarding water-conserving devices mentioned shall be certified by a certificate of compliance by a licensed mechanical contractor or plumbing permittee before or at a time of the final plumbing inspection.

(i)

High-efficiency front-loader washing machines are highly recommended and shall be promptly installed, except where City utility representatives agree that installation is not economically feasible.

(3)

Eating establishments. All commercial eating establishments shall provide water or other beverages only upon request. Eating establishments serving beverages in single-serving containers shall only serve an accompanying glass if specifically requested by the customer. These provisions shall be clearly communicated to the customer in at least one of the following manners: on the menu, by use of a table tent or similar signage on the table, or posting in a location clearly visible to all customers. All catering and banquet operations shall comply with the provisions of this subsection.

(4)

Lodging restrictions. Lodging facilities shall not change the sheets and towels more than once every four days for guests staying four days or more unless there is a justified public health reason. Guests shall be informed of this requirement, in writing, at the time of check-in.

(5)

Institutional water users. Institutional water users on the City of Las Vegas system shall conduct annual internal water audits and shall develop and implement a water conservation program to reduce consumption that is to include replacing all high-flow fixtures with low-flow devices. Their conservation program should be developed in conjunction with the City.

(6)

City facilities/parks. The City of Las Vegas shall conduct annual internal water audits of these facilities.

New construction.

(1)

New construction or remodeling by contractors and private individuals. Commercial contractors are required to obtain the proper building permit issued by the City Community Development Department allowing the construction or remodeling that requires the use of water. Set construction shall meet standards outlined in Subsection G.

(2)

Irrigation systems. Irrigation systems for all new commercial and multifamily residential developments are to be installed with automatic timing controllers. Irrigation systems are to be designed to avoid overspray or drainage of water onto any paved or unplanted surface and follow same time and day restrictions.

(3)

Irrigation of newly installed sod and plants is subject to Subsection J, Exemptions.

(4)

All new state or publicly funded construction must meet LEED certification for energy and water consumption.

Water shortage; conservation stages. The following additional water conservation stages shall apply when the water shortages dictate the need to increase conservation of treated, potable water. The City Manager, upon consultation with the Utility Director, shall determine when each stage is implemented based on operational requirements, predicted or actual water supply limitations and/or reservoir levels. The Mayor and Council may decide to discontinue stages of the City of Las Vegas water conservation program.

(1)

Stage I.

(a)

Irrigation. Irrigation shall be permitted on the following days and addresses:

[1]

Monday, Wednesday, and Friday at locations with even-numbered street addresses.

[2]

Tuesday, Thursday and Saturday at locations with odd-numbered street addresses.

[3]

Irrigation shall be permitted during the early morning from 6:00 a.m. to 8:00 a.m. or late evening from 8:00 p.m. to 10:00 p.m.

(b)

Vehicle washing. No City-provided water shall be used to wash automobiles except at places of business whose services include the washing of cars, where high-pressure wash is utilized either by self-service or fully automated process, or car dealerships which utilize high-pressure wash equipment. Further, such washing is exempt from these regulations where the health, safety and welfare of the public is contingent upon frequent vehicle cleanings, such as refuse collection trucks and vehicles used to transport food and perishables and businesses with recycling systems. Based on administrative approval, the City will encourage the use of recycling systems and other conservation techniques available to the industry by offering such incentives as it deems appropriate.

(c)

Swimming pools. Swimming pools and spas/hot tubs filled prior to the implementation of Stage I and utilizing treated water shall not add water to make up losses through evaporation or splashing, through draining or through leaks in pools and spas/hot tubs while Stage I is in effect with the exception of any municipally or Highlands University owned covered (enclosed) swimming pool(s).

(d)

Eating establishments. All restaurants are prohibited from serving water to their customers except when specifically requested by the customers.

(e)

Ornamental fountains. Ornamental fountains may operate if they recirculate water but not during windy periods. Ornamental fountains that do not recirculate water are prohibited.

(f)

Fire hydrants. Use of water from fire hydrants shall be limited to fire fighting, related activities or other activities necessary to maintain the health, safety, and welfare of the citizens served by the municipal water system. Metered use of hydrants may be allowed at the Utility Director's discretion.

(g)

These restrictions shall not apply to any properly licensed person, firm, or corporation engaging in the business of growing or selling plants.

(2)

Stage II.

(a)

Irrigation. Irrigation shall be permitted on the following days and addresses:

[1]

Mondays and Fridays at locations with even-numbered street addresses.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[2]

Tuesdays and Saturdays at locations with odd-numbered addresses.

[3]

Irrigation shall be permitted during the early morning from 6:00 a.m. to 7:00 a.m. or late evening from 8:00 p.m. to 9:00 p.m.

(b)

Vehicle washing. Requirements continue as in Stage I with the following addition: Businesses, whose services include the washing of automobiles, shall not be allowed to use City-provided water for washing of automobiles on Mondays, Wednesdays and Fridays. Use of recycled water is permitted any day of the week.

(c)

Swimming pools. Requirements continue as in Stage I.

(d)

Eating establishments. Requirements continue as in Stage I.

(e)

Ornamental fountains. Requirements continue as in Stage I.

(f)

Fire hydrants. Requirements continue as in Stage I.

(3)

Stage III.

(a)

Irrigation. Irrigation shall be permitted on the following days and addresses:

[1]

Wednesdays at locations with even-numbered street addresses.

[2]

Thursdays at locations with odd-numbered street addresses.

[3]

Irrigation shall be permitted during the early morning from 6:00 a.m. to 7:00 a.m. or late evening from 8:00 p.m. to 9:00 p.m.

(b)

Vehicle washing. Vehicle washing is only permitted at businesses that utilize recycled water.

(c)

Swimming pools. There will be no refilling or adding of water to swimming pools with the exception of any municipally or Highlands University owned covered (enclosed) swimming pool(s).

(d)

Eating establishments. Requirements continue as in Stage I.

(e)

Ornamental fountains. Requirements continue as in Stage I.

(f)

Fire hydrants. Requirements continue as in Stage I.

(4)

Stage IV.

(a)

No outdoor watering. The City Manager, upon consultation with the Utility Department, may declare an emergency and thus impose more stringent restrictions should conditions warrant, subject to modification by formal action of the City Council.

(b)

Said emergency restrictions may be temporary or long term based upon the nature of the emergency, and shall include, when and as necessary, municipal action as authorized by law, to take control of the Rio Gallinas Stream System to protect it during actual or predicted drought conditions. Emergency restrictions may also include City action to restrict the use of private wells and/or ditches, as the City deems it necessary, to the extent authorized by the law, and are subject to the approval of the Mayor and City Council.

Exemptions.

[Amended 12-14-2010 by Ord. No. 10-31]

(1)

Indoor uses. The City Utility Director has the authority to permit exceptions in any case necessary to maintain adequate health and sanitation standards.

(2)

Outdoor uses.

(a)

Newly installed plantings or sod and gardens, prior to Stage I or II. Due to the need of newly installed sod and gardens to establish a root system, a sixty-day exemption period may be allowed by the Utilities Director. Residents, commercial establishments, and all other entities shall apply for said sixty-day exemption by advising the Utilities Department and, if approved, providing a copy of a proper bill of sale or other sufficient proof deemed appropriate by the Utilities Director. The sixty-day exemption shall be effective beginning the day of the date of the bill of sale. Wherever acequia rights or private wells are lawfully available for this purpose, such waivers shall not be granted, in whole or in part. The exemption is for newly installed plantings or sod and gardens only and not for other new or existing landscaping (trees and shrubs).

(b)

Nursery stock. Plants being irrigated for retail or wholesale sale are exempt.

(c)

Treated effluent; irrigation using treated effluent. Prior to the application of treated effluent, under written agreement with the City, the customer must complete the proper notice of intent form seeking approval from the New Mexico Environment Department. Copies of the completed form and of the notice of approval shall be provided to the Utilities Department prior to the use of treated effluent.

(d)

Landscape companies, property owners, licensed plumbers or individuals setting timed irrigation systems shall ensure that systems comply with time and day restrictions. Ultimate responsibility for compliance lies with the property owner.

(e)

The City Utility Director has the authority to permit exceptions in any case necessary to maintain adequate health and sanitation standards.

(3)

The City of Las Vegas Water Filter Plant is exempt from this section in their maintenance practices of washing down equipment using City-treated water.

(4)

Harvested rainwater and greywater are exempt.

(5)

Hardship case waivers. Individuals and entities unreasonably or adversely affected by any part of this water conservation ordinance may apply in writing to the Utility Director for an equitable exception waiver or adjustment. Such waiver or adjustment may be granted for a period of one year (or two years) with the recommendation of the Utilities Director and approval of the City Manager.

(a)

The applicant must submit evidence sufficient to convince the designated approver that:

[1]

Literal application of this section creates a bona fide hardship upon the individual or entity.

[2]

The individual or entity has a strong and effective water conservation process in place.

[3]

The waiver or adjustment would not be unfair to other City residents.

[4]

The proposed waiver or exception will ameliorate the hardship.

(b)

If the waiver or adjustment is granted, the grantee must cause a publication of a brief legal notice describing the waiver or adjustment in the Optic.

(c)

Upon expiration of the waiver or adjustment period, the individual or entity may apply for a subsequent waiver or adjustment.

(d)

The designated City approver must render a decision in writing within 30 days of receipt of the application.

(e)

The individual or entity may appeal an adverse decision in writing to the City Council within 30 days of receipt of the decision.

Enforcement. The City Manager or designee to include but not limited to the Water Conservation Specialist, City Police Department, City Code Enforcement Officers, Fire Department and or Animal Control Officers as authorized by the Municipal ordinances shall be the enforcement authority of this section in the following manner.

(1)

Violations/penalties. The following procedure and applicable penalty will be used in addressing violations of this chapter upon observation or reasonable suspicion of said violation.

(a)

The first violation shall result in the issuance of a warning citation to the party committing said violation. The citation shall advise the party of the nature of the offense and of the subsection of this section that has been violated and it shall be consistent with Subsection K(2)(b)[1]. The result of the first violation shall be the distribution of a copy of this section and an educational packet containing information on water conservation to the party committing the violation.

(b)

Upon observation of or reasonable evidence of a second violation, a citation shall be issued to the party violating this chapter advising the party of the specific violation and include a notice to appear in Municipal Court. The penalty for the second violation shall be consistent with the penalties noted in Subsection K(2)(b)[2].

(c)

Subsequent violations shall be subject to Subsection K(2)(b)[3].

(2)

Water shortage. Conservation Stages I, II, III, IV.

(a)

All violations of water emergency stages shall come under the jurisdiction of the Municipal Court of the City of Las Vegas, New Mexico. Any person, business, institution or industrial plant found in violation of this chapter shall be fined as follows.

(b)

Unless otherwise specified or ordered by the governing body of the City of Las Vegas, violators of this section or other water use restrictions issued by the enforcement authority as specified in Subsection K shall be subject to the following schedule of citation penalties to the extent that occur within a twelve-month period:

[1]

First violation. A warning shall be issued and include the address of where the violation occurred, a description of the violation, and notification of the consequences of subsequent violations.

[2]

Second violation: $350 penalty assessment municipal violation.

[3]

Third and subsequent violation: $450 penalty assessment municipal violation per occurrence.

(3)

Penalties shall be distinct from of any Court costs assessed by the Municipal Court.

(4)

All fines imposed shall apply to the account holder.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ADMINISTRATIVE APPROVAL: May be granted by City Manager and/or Water Director.

CITY-PROVIDED WATER: Water which is diverted or pumped from surface water and/or well water sources and supplied to all citizens, businesses, industrial and governmental customers serviced by the City's water system.

DRIP IRRIGATION: Low-pressure, low-volume irrigation applied slowly, near or at ground level, to minimize runoff and loss to evaporation.

EVEN-NUMBERED PROPERTIES: Properties where the official address ends in an even number. Landscaped areas associated with a building will use the number of that building as their address. Only one address shall be used for a large landscape area associated with one building or activity, even if the landscaped area is broken into many separate subareas.

GREYWATER: Water-carried waste from kitchen (excluding garbage disposal) and bathroom sinks, wet bar sinks, showers, bathtubs and washing machines. Greywater does not include water-carried wastes from kitchen sinks equipped with a garbage disposal, utility sinks, any hazardous materials, or laundry water from the washing of material soiled with human excreta. Greywater must meet NMED regulations.

HARVESTED WATER: Precipitation or irrigation runoff collected, stored and available for reuse for irrigation purposes.

ODD-NUMBERED PROPERTIES: Properties where the official address ends in an odd number. Landscaped areas associated with a building will use the number of that building as their address. Only one address shall be used for a large landscape area associated with one building or activity, even if the landscaped area is broken into many separate subareas.

PER CAPITA PER DAY: Total average daily gallons of treated potable water divided by the estimated population.

POTABLE WATER: Treated water provided by the City that is suitable for drinking, cooking, and other domestic use.

RAW WATER: Water drawn from a reservoir or other water source before treatment.

REBATE PROGRAM: A program designed to encourage a permanent reduction in the amount of water used inside and outside of the home by establishing financial incentives.

RUNOFF: Water which is not absorbed by the soil or landscape to which it is applied. Runoff occurs when water is applied too quickly (application rate exceeds infiltration rate), particularly if there is a severe slope. These standards do not apply to stormwater runoff which is created by natural precipitation rather than human-caused or applied water use.

SERVICE AREA: All customers receiving water service from the City of Las Vegas water source.

SHUTOFF NOZZLE: Device attached to end of hose that completely shuts off the flow, even if left unattended.

SNOW WATER EQUIVALENT: The depth of water in the snowpack, if the snowpack were melted, expressed in inches.

TREATED EFFLUENT WATER: A nonpotable water source, which has been deemed acceptable for the intended use, by the state of New Mexico Environment Department.

WATER WASTE: The nonbeneficial use of water.