Tucson Xeriscape Ordinance

This ordinance applies to new multifamily, commercial and industrial developments. Its goal is to conserve water by applying xeriscape principles. These principles include using drought-tolerant plants, maintaining limited grass areas and applying mulch and soil improvements. Landscaped areas must be designed to take advantage of storm water run-off, and water-conserving irrigation systems are required.

City and County Plumbing Codes

Both city and county require that water-efficient fixtures be used in all new residential and commercial construction. Toilets must be ultra-low flush (i.e., 1.6 gallons per flush or less) and faucets must not exceed 2.5 gallons per minute. The code also applies to replacement of old fixtures. Requirements also are established for evaporative coolers, air conditioners, decorative fountains and waterfalls.

Water Waste Ordinance

Since 1984 it has been illegal for people within the City of Tucson to let water flow off their property onto public areas or other property. A “water cop” can fine individuals, property managers and landscape contractors who are guilty of this infraction. Tampering with water meters also is illegal.

Golf Course Water Use

Tucson and Pima County have ordinances requiring the use of CAP or effluent for new golf courses where feasible. (See Chapter 5 for more information.)

Emergency Water Conservation

Upon declaring a water emergency because of problems with water supply, the Tucson City Council may prohibit or restrict non-essential uses of water. Examples of restricted activities are outdoor irrigation except areas using reclaimed water, washing of sidewalks, outdoor water-based play, automatic water service in restaurants, misting systems, filling swimming pools and spas, and washing of vehicles except at facilities with recirculation systems. Exceptions can be allowed for reasons of public health, safety or economic hardship.

MANAGING WATER AND WASTEWATER

Tucson operates the largest water system in the area, serving about 600,000 persons an average of about 97 million gallons of water daily. The city serves customers both inside and outside city limits. Since Tucson Water is managed by the Tucson City Council, people who are not city residents have little say on city water decisions, even though they receive city water. Approximately 16 other water providers serve another 155,000 customers in the area. The remaining 81,000 water users are served by very small water companies or have their own wells. Some of these water companies are within the city limits of Tucson, Oro Valley or Marana. The cities do not regulate the activities of these water providers and cannot require their compliance in such activities as water conservation programs.

Water providers that are not municipal water departments, on the other hand, have little or no say in certain city decisions that affect them, such as rezonings and conservation ordinances. ACC regulates rates and some procedures of private water companies, but not municipal utilities or irrigation districts. ADWR can require all three types of water utilities to implement conservation measures and meet sustainability goals but has no jurisdiction over water users themselves. At times, ACC and ADWR rules conflict.

Pima County handles most wastewater in the region, with treatment plants at Roger Road and Ina Road, next to the Santa Cruz River. Pima County also runs several small treatment plants outside the metropolitan area. Because of an intergovernmental agreement between Tucson and Pima County, Tucson has rights to most of the effluent that comes from wastewater treatment facilities throughout Pima County. A few neighborhoods have their own treatment facilities, and some people have septic tanks or other kinds of individual treatment systems. Some subdivisions with golf courses, such as El Conquistador, use treated water from their local community for watering the golf course.

Figure 7-10 Jurisdictional boundries

COORDINATING WATER MANAGEMENT

Despite, or perhaps because of the many laws and rules, no one agency has legal authority to coordinate water use area-wide. This is to the detriment of efficient water management. TAMA and the Pima Association of Governments (PAG), however, address some basin-wide issues that were previously discussed. The following further characterizes water management in the Tucson area:

• No agency has the authority to require water users to take a particular kind of water, such as effluent or CAP water. Some people believe mines and farms should use lower quality water and leave the groundwater for drinking purposes. But the type of water that businesses and water companies use is generally determined by the market place or historical accident. In other words, they generally use the cheapest water source, which often is groundwater. Also, individuals have the right to pump groundwater for their own domestic use, and over 24,000 private wells exist in the Tucson area. The only limiting factors are well spacing regulations and the cost of drilling and operating a well.
• No agency can mandate that all categories of water users shall contribute to help pay for solutions to water problems. For example, no agency can require businesses that use groundwater to pay a fee to support CAP activities in an effort to prevent the water table from declining. While some local taxes and pumping fees are charged, the funds do not help pay Tucson Water’s cost of using CAP water.
• No agency can require individuals to conserve water. ADWR can set per capita goals that water providers must meet, but those providers in turn have no authority to require water savings of their customers. The City of Tucson could pass an ordinance limiting water use, but it would not apply to people living outside city limits and probably not even to customers of other water providers within city limits.
• Elected officials often make land use decisions without worrying about long-term water supplies. Rezonings within established water service areas certified for assured supply may proceed, although new developments outside such areas must go through the approval process. In 1999, a rezoning for the Canoa Ranch near Green Valley was denied partly because of water supply issues. This, however, was the exception, and other reasons existed for opposition to this rezoning.