Chapter 2.5
Hazard Mitigation and Resiliency

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

Water Wasting Activities

INTRODUCTION

Water scarcity and water depletion are critical problems facing many localities across the nation.[1] Local governments continuously seek ways to stabilize water supplies as droughts become more intense and regular.[2] Climate change, population growth, increases in per capita water use, and lack of efficient water use has caused several local governments to enact restrictions on water use and penalties associated with wasteful water use.[3] These penalties are designed to discourage citizens from wasteful water activities, such as overwatering lawns, causing water to flow into the street, washing driveways or sidewalks, and watering lawns or landscapes within 48 hours of rainfall.[4]

Ordinances enacted by local governments penalizing wasteful water uses should clearly state a complete list of activities which are prohibited, and the fines or other punishments associated with those activities. In some ordinances, fines are based upon the number of times an individual engages in a prohibited water wasting activity and are outlined in the ordinance. Typically, fines increase with each additional offense.[5]

A local government may also enact a water rate structure which is designed to reward conservation and punish unreasonable uses.[6] In this structure, each property is allocated a set amount of water based on variables such as the number of residents, landscaped area, and weather.[7] If a household exceeds its allocated amount of water, the price of water per gallon increases.[8] If a household uses less water than allocated, it may be eligible for a lower water per gallon rate.[9] If a local government chooses to enact a water rate structure, community outreach and education are essential parts to the success of the program.

EFFECTS

Water conservation programs have the potential to considerably reduce the total water demand for a community.[11] Reduced demand can help stabilize a community’s water supply, especially in times of drought, and build resilience to several water-based disturbances, including drought.[12] A reduction in demand also decreases the amount of water extracted from aquifers and groundwater supplies, improving long term water security.[13] Placing too much demand on the water supply can result in depletion of groundwater reserves and an increase in costs to maintain municipal water supplies.[14] It can also reduce overall maintenance costs involved with extracting, treating, and transporting water and help elongate the life of water-based infrastructure.

Reducing the amount of water necessary to treat and transport also reduces energy demand, lowering costs and greenhouse gas emissions. Addressing stormwater run-off and providing potable water are some of local government’s largest uses of energy.[15] Greenhouse gas emissions needed to provide water should be considered in light of the utility of hydrating grass lawns and other water intensive activities.[16] (for additional briefs specifically addressing the overlap between water and energy see Require Water Efficient Landscaping and Energy and Water Efficiency).

Implementing a penalty system for water wasting activities may deter individuals from wasting water and encourage citizens to be more mindful in how much water they consume.[17] With a penalty system, it is in the citizens’ best interest to conserve water as they will save money by doing so.[18] Additionally, the fines collected from water wasting activities may be used by a local government to increase conservation programs and other initiatives to increase sustainable water use.[19]

EXAMPLES

Weatherford, TX

In the city limits of Weatherford, Texas, it is unlawful for any individual to waste water.[20]  Water wasting activities include allowing water to flow into any river, creek, storm sewer, street, road, or highway.[21] In order to avoid a water wasting penalty, a user must show the water being used satisfies the “maximum degree of beneficial use”, meaning the “amount of water use is actually and necessarily required for a specific purpose.”[22] If an individual is found in violation of the City’s water wasting ordinance, he or she will be guilty of a misdemeanor.[23] Upon repeated violations of the ordinance, the City’s Public Works Department has the authority to instruct the Water Board to discontinue the water supply to the violator’s premises.[24]

To view the provision see Weatherford, TX Code of Ordinances §6-6-6 (2018).

Colusa, CA

Colusa, California enacted an ordinance prohibiting the wasteful use of City-supplied potable water.[25] Wasteful water activities include, but are not limited to, escape of water through leaks or breaks, irrigation which causes excessive run-off, and water use in non-recycling decorative water features.[26] Water used for fire emergencies, sanitation purposes, and obtained through a water recycling program are exempt from the penalties in the ordinance.[27] If an individual violates the ordinance, the City Council will send a written notice of the violation to the customer and contact the customer in person.[28] The City may also install a flow-restricting device on the violators service line as well as apply an administrative water waste fee that does not exceed one hundred dollars for the first violation or two hundred dollars for the second violation.[29] Each additional violation after the second will be an additional five hundred dollar fine.[30] The City Council may terminate a customer’s water service upon a water waste violation and may not reinstate service until penalty fees have been paid by the customer.[31]

To view the provision see Colusa, CA Code of Ordinances §20-22 (2018).

Laredo, TX

Laredo, Texas prohibits using a hose to wash sidewalks, driveways, parking lots, walkways, other hard-surfaced areas, and buildings or structures not in immediate fire danger. In addition, the code prohibits water running off into any roads, gutters, ditches, or drains, and requires property owners to fix various types of water leaks.[32] Any violations of the code are treated as separate offenses and each day the violation continues is considered a separate, new violation.[33] If an induvial receives two written notices, the third violation warrants a water waste fee.[34] The amount of the fee is determined by the drought response stage in effect during the time of the offense.[35] Stage 1 applies a $5 fine for the first offense, doubling until the sixth citation, which is capped at $320. Each additional citation increases by $160.[36] Stages 2,3 and 4 apply a $25 fine for the first offense, doubling until the sixth citation, which is capped at $1,600. Each additional citation increases by $800.[37]

To view the provision see Laredo, TX Code of Ordinances §31-141.38 (2018).

ADDITIONAL EXAMPLES

Black Diamond, WA Code of Ordinances §13.04.160 (2002) (prohibiting the wasting of water and punishing violations as a misdemeanor).

Milledgeville, GA Code of Ordinances §90-57 (1999) (prohibiting water use which causes a trail of flowing water more than 50 feet off a property, prohibiting irrigation for more than 20 minutes during precipitation, and requiring leaks to be fixed. Penalties include fines, termination of services, and criminal repercussions).

ADDITIONAL RESOURCES

Tim Barr, Tom Ash, Sustainable Water Rate Design at the Western Municipal Water District: The Art of Revenue Recovery, Water Use Efficiency, and Customer Equity in Water Pricing Experiences and Innovations 373-392 (2015) https://perma.cc/MXN9-FYK3 (explaining the requirements for a successful water budget rate).