Boulder City Water Conservation Plan

Background Information:  The Southern Nevada Water Authority (SNWA) drought plan was developed in 2002 and adopted by the SNWA Board of Directors on February 20, 2003 to induce a level of water conservation necessary for the region to respond to various drought conditions. The plan focused on reductions in consumptive Colorado River water use, specifically changing the outdoor water use habits of residents, since outdoor use accounts for the greatest consumption of water. It also identified drought stages, response measures and used a variety of tools to both regulate and encourage conservation during times of drought. The City of Boulder City, being a member agency of the SNWA, implemented a Drought Plan on September 17, 2003.

 The SNWA committed to review the drought plan frequently to ensure it reflects current conditions and appropriate levels of action required by the community as a whole. In 2005, the SNWA member agencies established a new conservation goal and agreed to permanently implement the major demand reduction tools identified in the SNWA drought plan as recommended by the SNWA Integrated Water Planning Advisory Committee. Permanent implementation of these restrictions requires the SNWA member agencies to update their ordinances and/or services rules. Those ordinances and/or service rules specific to the City of Boulder City are outlined in Bill No. 1584 Exhibit A.

An amended drought plan was adopted by the SNWA Board of Directors on February 19, 2009, as well as a new conservation goal of 199 GPCD by 2035. The revised plan reflects the 2007 Record of Decision outlining shortage-sharing arrangements, new rules for Intentionally Created Surplus, and the adoption of drought-alert restrictions as permanent conservation measures for the community. The 2009 drought plan will be included as a new chapter in the 2009 SNWA Water Resource Plan and revised as needed as part of that annual review process.

SECTION:

9-14- 1:    General Provisions
9-14- 2:    Definitions
9-14- 3:    Waste of Water Guidelines
9-14- 4:    Responsibility for Waste
9-14- 5:    Landscape Watering Restrictions
9-14- 6:    Landscape Material Restrictions
9-14- 7:    Other Outdoor Water Use Restrictions
9-14- 8:    Water Budgets for Golf Courses
9-14- 9:    Man-Made Lakes Provisions
9-14-10:    Operation of Ornamental Fountains and Water Features
9-14-11:    Enforcement
9-14-12:    Appeals for Reconsideration
9-14-13:    Legality the Boulder City Conservation Ordinance

9-14-1:  GENERAL PROVISIONS:

A.    Purpose and Policy:  This document is intended to establish measures to enhance the efficient use of water and to prevent and discourage the wasting of water in Boulder City.  Conservation is an essential resource to help meet water needs.

B.    Scope:  The provisions of this document shall apply to all water services (i.e., recycled, raw potable, and reclaimed, customers).

C.    Administration:  Except as otherwise provided herein, the Director of Public Works or designee, shall administer, implement and enforce the provisions of this document.

D.    Enforcement:  Enforcement will be accomplished through water rates and water resource impact fees.

E.    Waivers:  There shall be no waivers or variances granted to the standards listed in this ordinance.  Such a request shall be considered a request to amend the requirements of this ordinance and shall only be considered in accordance with the proper procedures.

9-14- 2:  DEFINITIONS:

BUREAU OF RECLAMATION (BOR):  Is part of the U.S. Department of the Interior entrusted with the management of the Colorado River.

COMMUNITY USE RECREATIONAL TURF:  Any private or public park facility with the following characteristics:

1.  A turf-dominated, multi-purpose recreational area of at least two-acres but not less than 100 feet wide in any dimension.

2.  Accessible to at least twenty-five dwelling units or households.

COMMON AREA:  Area held in common by an established Homeowners Association
                  
NON-POTABLE WATER:  Water not suitable for drinking.
   
ONE ACRE-FOOT OF WATER:  Equivalent to 325,851 gallons of water.

POTABLE WATER:  Water Suitable for drinking.

RAW WATER:  Water not suitable for human consumption without treatment.

RECLAIMED WATER:  Municipal waste water processed to reduce contaminates.  Not suitable for human consumption.

SOUTHERN NEVADA WATER AUTHORITY (SNWA):  An organization formed by local agencies with an inter-local agreement to address Southern Nevada's water needs on a regional basis.

SYRINGING:  Process of applying small amounts of water to wet the turf canopy.  Syringing cools the turf through evaporation of water from the leaf surface, which can help turf survive during mid-day stress periods.

XERISCAPE:  A type of landscaping that incorporates drought-tolerant and low water-use plants with an organic or inorganic surface mulch layer as a water efficient alternative to traditional turf grass landscaping.  Can be referred to as water smart landscaping.

9-14- 3:  WASTE OF WATER GUIDELINES:

A.    Boulder City residents are subject to the following "Waste of Water Guidelines".

1.    It is unlawful for any owner, occupant, or manager of real property served by the City of Boulder City to waste water.   

2.    It shall be deemed unlawful for anyone to permit the excess use, loss or escape of water through breaks, leaks or malfunction in the water user's plumbing or distribution facilities for any period of time after such escape of water should have been reasonably discovered and corrected as determined by the proper Authority

3.    Allowing water to flow or spray directly into a public street, alley, or right-of-way, gutter or drain for more than ten (10) minutes is prohibited.

4.    Where sewer receptacles are available, it is recommended that swimming pool water drainage from any filter, scum filter, scum gutter, overflow, or pool emptying line be discharged into the sewer.

9-14- 4:  RESPONSIBILITY OF WASTE:  Any waste of water as set forth in this chapter, together with proof that such waste originated at any residence or place of business, shall constitute, in evidence, a prima facie presumption that the owner, occupant for the time being of such residence or place of business was responsible for such waste.

9-14- 5:  LANDSCAPE WATERING RESTRICTION (RESIDENTIAL):

A.    It is deemed unlawful to use water to irrigate exterior lawns, gardens, trees, grass, shrubbery, or other vegetation in variance with the following table:

B.    For the purpose of managing the water supply distribution system, specific watering days and/or schedules may be assigned by Boulder City Staff, provided that all affected water users have been provided reasonable notification prior to implementation of the policy.  If assigned watering schedules are in effect, it shall be unlawful to irrigate turf, gardens, trees shrubbery, or vegetation, except in compliance with the assigned days, dates times for the specific properties.

C.    Regions will be designated and winter watering days assigned as follows:

1.    Region A shall water on Monday

2.    Region B shall water on Tuesday

3.    Region C shall water on Wednesday

4.    Region D shall water on Thursday

5.    Region E shall water on Friday

6.    Region F shall water on Saturday

7.    Residents may provide a three-year watering schedule exemption for properties that utilize smart controllers (expires April 2010).  These customers would be exempt from the mandatory watering schedule.  Time of day restrictions would still apply.  Permanent implementation of this exemption will be evaluated during the three-year study.

D.    Spring/Fall (March/April and September/October) watering days assigned as follows:

1.    A, C, E Monday, Wednesday, Friday *

2.    B, D, F Tuesday, Thursday, Saturday * Sunday is a “free day” for all groups.

3.    Residents may provide a three-year watering schedule exemption for properties that utilize smart controllers (expires April 2010).  These customers would be exempt from the mandatory watering schedule.  Time of day restrictions would still apply.  Permanent implementation of this exemption will be evaluated during the three-year study.

E.    Community use recreational turf areas, public and private common use recreation turf will be permitted to water four times each 14 days or twice per week during the winter schedule.

F.    Exemptions to time of day restrictions.

1.    Hand watering with hand held hose.

2.    Irrigation of new lawns or re-seeding of an existing lawn (annual), for a period of thirty days from the date of planting or installation.

3.    Drip and/or bubbler irrigation systems.

4.    Irrigation by licensed commercial gardens or plant nurseries.

5.    Landscape irrigation audits where the application rate and efficiency of an irrigation system is being tested.  The technician must be present to observe the system performance.

6.    Municipal operations or procedures that are necessary to protect the health, safety and welfare of the community.

7.    Golf courses shall be required to comply with water budgeting policies in lieu of specific water schedules.

9-14- 6:  LANDSCAPE MATERIAL RESTRICTIONS:  Landscape materials for new residences shall be limited as described below.  In the case of Building Permits issued prior to the adoption of these restrictions, the development rules at the time of permitting shall apply.

A.    The following landscape material restrictions will apply.

1.    Residential Landscape Restrictions:

a.    Single-family and multifamily homes are prohibited from installing new turf in common areas of residential neighborhoods.  This restriction shall not apply to public or private community parks. The installation of new turf is prohibited in residential front yards and the use of drought tolerant landscaping materials is encouraged in residential front yards.

b.    For single-family residential lots, the installation of new turf shall not exceed a maximum of five thousand square feet.

2.    Non-Residential Landscape Restrictions:

a.    The installation of new turf in non-residential developments is prohibited.  This provision shall not apply to community use recreational turf, golf courses, or sports complexes.

3.    Any person(s) or association(s), regardless of date of establishment, is prohibited from imposing private covenants, conditions, restrictions, deed clauses or other agreements between the parties, which prevent person(s) from utilizing water efficient landscaping including but not limited to xeriscape, provided such landscaping receives appropriate architectural review and approval.  In any event, landscaping materials and designs may not be prohibited solely on the basis that they make use of water-efficient landscaping.

9-14- 7:  OTHER OUTDOOR WATER USE RESTRICTIONS:

A.    Vehicle Washing

1.    Washing of personal vehicles upon residential properties is limited to once per week per vehicle and requires a positive shut-off nozzle.

2.    Commercial vehicles may be washed at a commercial facility where water is discharged to the sanitary sewer through city approved methods, or by a high-pressure, low volume sprayer using less than ten (10) gallons of waste per vehicle.

9-14- 8:  WATER BUDGET FOR GOLF COURSES:

A.    Unless otherwise stipulated in existing agreements, private golf courses will be subject to water budgets, with appropriate surcharges applied to any water used over the budgeted amounts.  These surcharges will be calculated on an annual basis, billed monthly after annual water budget is exceeded and will be in addition to the price paid for water as described in the table below.

B.    Municipal golf courses will be water budgeted based upon acre-feet of water for each acre currently irrigated.  Irrigated acreage will be calculated based on irrigated areas as determined from aerial photography and field verification.  The irrigated acreage will include lakes and ponds existing within a golf course.  Once measured the irrigated acreage shall remain fixed, this creating an incentive for golf courses to convert unneeded turf to other styles of water efficient landscaping.  However, if a golf course expands its course by increasing the number of playing holes, a new irrigated acreage will be determined.

C.    New golf courses shall be exempt from water budgeting for the first two years after seeding to establish turf.  Each golf course shall be required to submit its own water use reduction plan.  A description of water use reduction strategies and time lines for implementing those strategies are required in the plan.

Exemption:  Man-made lakes, where all or part of the water is used in whole or in part, as a functional reservoir for a golf course shall be included in the calculation of a golf course water budget.

9-14- 9:  MAN-MADE LAKES PROVISIONS:  All man-made lakes shall pay Boulder City rates on all fill water.

9-14-10:  OPERATION OF ORNAMENTAL FOUNTAINS AND WATER FEATURES:  Fountains and water features utilizing potable or non-potable water provided by the water purveyor shall be prohibited.  The following uses shall be exempt:

A.    Swimming Pools.

B.    Fountains and water features of less than 200 square feet surface area at single-family residences.  Swimming pools are not considered water features.

C.    Fountains or water features that are necessary and functional components serving other allowable uses such as storage ponds on a golf course or aeration devices.  Such device must be turned off during high winds.

D.    Indoor water features, or features with the majority of the total water volume contained indoors or underground.  If practical alternatives exist for separating indoor and outdoor components, they shall be separated and managed accordingly. (E.g., timers on shut-off valves).

E.    Commercial fountains or water features vital to a core economic function of the region, as determined by the governing jurisdiction on a case-by-case basis in a process with input from the public, including but not limited to:

1.    Recreation water parks, both public and private.

2.    Water features integral or vital to an entertainment venue, such that substantial economic harm could be associated with discontinuation of use.

F.    Fountains and water features in place prior to September 1, 2009.

SPECIAL EXEMPTIONS:  The Public Works Director shall be vested with the authority to make exemptions to the provision of this chapter, when in the opinion of the Director; these exemptions protect the public health, safety and well-being of the purveyor's water system (i.e., hydrant flushing, valve testing and system maintenance.

9-14-11:  ENFORCEMENT:  The Public Works Director shall adopt and maintain administrative procedures for the enforcement of water conservation.  Water resource impact Fees will be assessed where applicable for non-compliance with the provisions set forth in this conservation ordinance.

9-14-12:  APPEALS FOR RECONSIDERATION:  Any User, permit applicant, permit holder, property owner, occupant, or responsible party affected by any decision, action or determination, including any enforcement action made by the City of Boulder City, interpreting or implementing the provisions of this Ordinance or in any permit issued herein, may file an appeal.  All appeals for reconsideration shall be written requests filed with the Director or designee within ten days of such action, setting forth in detail the facts supporting the user's request for appeal.

The decision of the Director or designee shall be rendered within 10 days of the date of the hearing of the appeal.  Such decision shall be deemed to be the final administrative action on such appeal.

9-14-13:  LEGALITIES OF THE BOULDER CITY CONSERVATION ORDINANCE:  The City Council of the City of Boulder City has been informed by its legal department as to the constitutionality of this ordinance, and based upon such information, it is adopting this ordinance in good faith with reasonable belief that the actions taken by the City of Boulder City are not in violation of any rights, privileges, or immunities secured by the Constitution or by laws providing for equal rights of citizens or persons.