Chapter 6.2
Food Security and Sovereignty

• ALL
• Remove Code Barriers
• Create Incentives
• Fill Regulatory Gaps

Recycled Water Irrigation Systems for New Developments

INTRODUCTION

Residential outdoor water use in the U.S. accounts for more than nine billion gallons of water each day, most of which is used for landscape irrigation.[1] Using recycled, non-potable water to meet residential landscape irrigation can have a large impact on water conservation.[2] Recycled water and highly treated wastewater[3] are increasingly being used by local governments to limit the amount of potable, treated municipal water used on residential landscaping. Using recycled water reduces the need for and cost to provide potable water. It can also save money for end users, as reclaimed water rates are typically lower than drinking water rates.[4] Most importantly, reclaimed water use helps ensure that communities have enough water to meet their current and future needs.[5] As climate change continues to increase temperatures and alter precipitation patterns, using recycled water can help build resilience to uncertain fluctuations in rainfall.[6]

Local governments may enact ordinances that require the installation of recycled water irrigation systems in all new developments. Requiring such irrigation systems may relieve the demand on potable water, save energy and money by reducing treatment requirements, and curtail pollution by reducing discharges of nutrient rich water into nearby water bodies.[7]

EFFECTS

Water scarcity is a serious issue, in the U.S. and across the globe. The United Nations predicts that by 2030, nearly half of the global population will be living in areas of high water stress.[8] In addition, Bank of America Merrill Lynch and others have asserted that water scarcity is one of the biggest global problems facing the world.[9] While some communities have an abundance of water, other areas suffer from water shortages and drought.[10] Water insecurity is expected to surge with increased climate variability.[11] Further, some communities are experience “precipitation whiplash,” in which extreme drought is followed by flooding and vice versa.[12]

Lack of water has direct consequences for human health. The World Health Organization estimates that 1.1 billion people lack access to a water supply, and that 2.6 billion people lack adequate sanitation.[13] Water scarcity can also contribute to political instability,[14] ecological harms,[15] and downturns in various segments of the economy dependent on water inputs.[16]

Ordinances that require the installation of recycled water irrigation systems in all new developments can decrease the diversion of water from sensitive ecosystems, decrease wastewater discharges into bodies of water, reduce and prevent pollution, save energy by conserving potable water, and help increase local resilience.[17] These regulations, over time, could also convert a percentage of the more than nine billion gallons of potable water used each day to recycled water.[18] Moreover, recycling water for irrigation purposes can result not only in increased water quantity, but also improved water quality by keeping certain nutrient loads out of fresh water bodies.[19] Recycled water may also have the benefit of being nutritionally rich for plant life, which can reduce the need for fertilizer in certain contexts.[20]

EXAMPLES

Riverside, CA

Like many cities in California, Riverside faces the prospect of water shortages, and has worked to become water secure and independent.[21] One measure the City has taken to advance the goal of water independence and to limit the demand on groundwater resources is to develop a plan of mandatory recycled water usage.[22] Under the plan, the City’s Public Utilities Department develops a Water Recycling Master Plan that evaluates where the use of recycled water is feasible and appropriate.[23] Once areas are designated for recycled water, they are required to obtain a recycled water permit for irrigation and other uses.[24] Penalties for violating the ordinance include monetary penalties, liability under a public nuisance theory, revocation of permit, and an injunction.[25]

To view the relevant provisions see Riverside, CA, Code of Ordinances § 19.570.060 (2008); Riverside, CA Code of Ordinances § 14.28.020.

County of Maui, HI

Owing to its island location, Maui County has limited water resources. To conserve those resources, the Maui County Council passed an ordinance designed to encourage and, in some cases, require, use of reclaimed water.[26] The ordinance institutes mandatory use of reclaimed water for “improved commercial property.” It requires such properties to “connect to available reclaimed water service for irrigation purposes, including but not limited to golf courses, landscaping and agricultural uses, except for properties used for single-family or duplex purposes.”[27]

To view the relevant provisions see Maui County, HI Code of Ordinances § 20.30.010 (2002).

ADDITIONAL EXAMPLES

Palmetto, FL Code of Ordinances §§ 29-103 (b), & (d) (prohibiting irrigation with potable water and requiring all new irrigation systems constructed after effective date to connect to city reclaimed water system).

Fresno, CA Code of Ordinances § 6-905 (reserving the right to require all customers who connect to the City potable water system to use recycled water in lieu of potable water for a variety of uses).

Austin, TX Code of Ordinances § 6-4-11 (requiring new commercial developments or redevelopments within 250 feet of a reclaimed water main to connect for irrigation, cooling, and other significant non-potable water uses).