City of Las Vegas, NM Water Service and Operations

The "residential service classification" means water service to a single dwelling unit.

Residential service shall be provided through an individual meter not to exceed one inch in size.

Each residential service shall be metered and billed as a separate account.

Small business commercial classification.

The "small business commercial classification" means water service to a customer engaged in a commercial nonprofit or governmental activity. The customer may own and/or operate not more than two dwelling units being served from one meter, one or both of which units is/are not occupied by the customer.

[Amended 9-21-2005 by Ord. No. 05-17]

Water service under this classification will be provided by the City through a meter not exceeding 3/4 inch.

Each small business commercial water service shall be metered and billed according to the applicable rate structure.

Commercial, institutional and industrial.

Water service will be provided to customers who own and/or operate a business and who do not meet the specifications of either residential or small business commercial classifications.

Water service will normally be provided to commercial, institutional and industrial customers through water meter sizes from one inch to eight inches.

Each commercial, institutional and industrial water service shall be metered and billed according to the applicable rate structure.

Combined residential/commercial use. Where a premises is used for both residential and commercial purposes, the water service will be billed as commercial and in accordance with the meter size serving the premises. However, when separate piping is installed to permit separate metering, the water service to each class of service will be billed in accordance with the appropriate classification rate schedule.

Residential service outside of City limits classification. Water service shall be provided to residential and rental customers through an individual appropriate sized water meter in areas outside the City limits which have properly sized water mains and which are allowed through City Council policy. Should residential and rental customers require City water service in an area not allowed by policy, such requests shall be addressed by City Council on a case-by-case basis. Each residential unit shall be billed according to the applicable rate structure.

Small business commercial outside City limits classification. Water service shall be provided to Small business commercial customers through an appropriately sized water meter in areas outside the City limits which have properly sized water mains and which are allowed under City Council policy. Should small business commercial water service not be allowed under City policy, such requests shall be addressed by City Council on a case-by-case basis. Each small business commercial customer shall be billed according to the applicable small business commercial rate structure.

[Amended 9-21-2005 by Ord. No. 05-17]

Commercial, industrial and institutional water service outside City limits classification. Water service shall be provided to commercial, industrial and institutional water customers through individually appropriately sized meters in areas outside the City limits which have properly sized water mains which are allowed under City Council policy. Should commercial, industrial and institutional customers request City water service in areas not allowed by City Council, such request shall be addressed by policy on a case-by-case basis. Customer shall be billed according to the applicable commercial, industrial and institutional rate structure.

[Amended 9-21-2005 by Ord. No. 05-17]

Raw water service classification. The City of Las Vegas Water Department shall not provide raw water service connections. Requests for such services shall be considered by Council action after review of such request by City staff on a case-by-case basis.

Contractor and developer water service classification.

Treated City water service may be provided to contractors and developers during construction phases when the contractor or developer requests water service and when adequately sized City water mains exist.

The contractor or developer utilizing treated water for construction purposes shall be provided water service through an appropriately sized individual water meter. The contractor or developer shall be billed commercial rates, and the applicable class of commercial rate shall apply and be based on size of meter serving the site.

The contractor and/or developer shall pay for the installation and removal cost of providing the temporary service. The City reserves the right to refuse to furnish water for any type of temporary use and further to define the conditions under which the water will be supplied. Continuous service under normal conditions to existing customers shall take priority over customers requesting and receiving temporary service.

Construction fire hydrants service classification.

Metered fire hydrant water service shall be provided when requested by the contractor, developer or public agency.

The water service shall be provided through a three-inch fire hydrant meter provided by the City of Las Vegas Water Department.

There shall be a fire hydrant water meter deposit equivalent to the existing cost to the City for the three-inch fire hydrant water meter.

The applicable commercial rate structure for a four-inch water meter shall be billed based on actual metered use of treated water.

[Amended 9-21-2005 by Ord. No. 05-17]

A deposit shall be placed and shall be refunded to the user within 15 days after the fire hydrant meter is returned in an acceptable and operating conditioning to the City of Las Vegas Water Department.

Should the fire hydrant meter not be returned within 30 days after completion of the project, the City shall retain the deposit.

Should the fire hydrant or the fire hydrant meter be damaged in any way, the City shall retain a portion of the deposit which would compensate for the damages to the fire hydrant or the fire hydrant meter.

Fire hydrant protection service classification.

Small business commercial, commercial, industrial and institutional customers shall be provided fire-protection and water service when appropriately sized City water mains exist and when applicable plumbing code requires interior and/or exterior building fire-protection systems.

The building fire-protection system shall be serviced directly from the appropriately sized City water main.

The fire-protection service shall be metered through a single appropriately sized water meter to be installed by the City of Las Vegas. The meter box for fire protection shall be constructed in accordance with the City of Las Vegas Water Department specifications and shall be built by the owner.

The fire-protection system downstream of the water meter and inside the building shall posses a City of Las Vegas Water Department approved backflow preventer. There shall be no customer taps to the fire-protection system between the meter and the backflow preventer.

Fire-protection service shall be billed as a separate customer account on the same basis as a small business commercial or a commercial, industrial and institutional customer account.

Standpipe water service classification. Standpipe water service shall be provided by the City Water Department at a location designated by the City Water Department. The standpipe water service is made available for those families who are in need of portable treated water for daily, residential and commercial users. Water usage shall be charged based on the applicable residential rate structure. Designated standpipe locations shall be billed by customer service. It shall be the sole responsibility of the customer to provide the proper approved equipment to store and transport domestic water for domestic reuse. The City Water Department shall not provide storage or transport domestic water supply.[1]

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

§ 440-3 Application for new water service.

All applications for new water service shall be made at the City's Water Department office. The Water Director shall confirm the availability of City water to the property or properties requesting water service, i.e., volume of water and size of water main. When water service is available, the Water Director requests information from the customer that will either inform the Director of the volume required or so that the Director may recommend the size of water meter required. When the Water Director determines that adequate water service is not available and customer inquires into the expansion of the system to provide adequate water service, the Director and customer shall work in accordance with the section of this chapter applying to system expansion.

It is required of each new water service request that the customer provide to the Water Director the necessary City, county or state issued building permit prior to the City Water Director finalizing City water service request. In some cases it may be necessary for the customer to obtain easements in order that service be provided. In these cases the customer would be responsible for providing proof of final easement prior to the installation of a water service. All new water service shall be provided by the City only after the customer and the City mutually agree through written consent on the customer initial classification of service, on the sizing of water service, on the costs associated with installation of the service, and on the applicable user rate schedule.

The City Water Department shall supply water service within a reasonable time after a written agreement indicating water will be provided has been finalized and after all necessary permits have been obtained. It is the responsibility of the customer to comply with all applicable codes and to obtain necessary permits from governmental agencies. If the customer cannot provide a payment in full, a payment plan may be provided by the City of Las Vegas under the following conditions:

[Amended 3-22-2000 by Ord. No. 99-16]

The payment plan shall extend no longer than six months for payment in full for the service.

Customer must pay at least 25% of the total cost of service prior to the service installation.

Only those persons who are current on all existing or past accounts with the City will be eligible for the payment plan option.

The City of Las Vegas may allow for payment through arrangements with the City Water Utility Billing Department.

[Amended 3-22-2000 by Ord. No. 99-16]

New service will be limited to available unreserved capacity in production transmission and distribution facilities and concentrate with the City available water rights. In all cases where such existing facilities are limited, the City may require a written contract for a suitable initial and contract period, adequate to warrant the investment and reservation of capacity required to render such service.

§ 440-4 Inspection of customer's system.

The piping system on the customer's premises shall be inspected and approved by the appropriate governmental inspection agency before water service will be connected Cross-connections and/or backflow possibilities revealed by any inspection shall be eliminated before water service is provided to a new customer or continued to an existing customer. The City does not assume the responsibility for inspection of the customer's piping system and shall not be held liable for the failure of the customer's piping or installation.

§ 440-5 Requirements of contracts.

Special written contracts are normally not required for users specified in § 440-2 where a line extension is not required.

All customers not covered by Subsection A above will be provided service only after the customer executes either the City's standard agreement for water service or, in special cases, an appropriate contract.

Rates for water users shall be as set forth in § 440-6 below or as the same may be amended by the governing body of the City of Las Vegas by a duly adopted ordinance.

All customer installations shall comply with the Plumbing Code of the State of New Mexico and any other legally applicable codes.

§ 440-6 Water rates, deposits and service charges.

[Amended 6-13-1996 by Ord. No. 84-26; 9-21-2005 by Ord. No. 05-17]

Monthly water base charges for utility customers.

[Amended 9-28-2012 by Ord. No. 12-13]

		Base Charge
Meter Size (inches)		2013	2014	2015	2016
Inside City
Residential
	5/8	$15.00	$16.10	$17.30	$18.50
	1	$34.80	$39.00	$39.50	$40.10
Small commercial
	5/8	$33.70	$33.70	$33.70	$33.70
Large commercial
	1	$170.00	$170.00	$170.00	$170.00
	1 1/2	$246.00	$246.00	$246.00	$246.00
	2	$340.00	$340.00	$340.00	$340.00
	3	$450.00	$450.00	$450.00	$450.00
	4	$510.00	$510.00	$510.00	$510.00
	6	$870.00	$1,120.00	$1,150.00	$1,180.00
	8	$1,040.00	$1,280.00	$1,310.00	$1,340.00
Outside City
Residential
	5/8	$22.50	$24.20	$26.00	$27.80
	1	$52.20	$58.50	$59.30	$60.20
Small commercial
	5/8	$50.60	$50.60	$50.60	$50.60
Large commercial
	1	$255.00	$255.00	$255.00	$255.00
	1 1/2	$369.00	$369.00	$369.00	$369.00
	2	$510.00	$510.00	$510.00	$510.00
	3	$675.00	$675.00	$675.00	$675.00
	4	$765.00	$765.00	$765.00	$765.00
	6	$1,305.00	$1,680.00	$1,725.00	$1,770.00
	8	$1,560.00	$1,920.00	$1,965.00	$2,010.00

	NOTES:
	*Rate table does not include applicable state and federal taxes and fees.

Monthly water volume charges for utility customers.

[Amended 9-28-2012 by Ord. No. 12-13]

		Volume Charge (per gallon)
Monthly Volume		2013	2014	2015	2016
Inside City
Residential
	First 2,000 gallons	$0.00103	$0.00194	$0.00234	$0.00286
	Next 4,000 gallons	$0.00232	$0.00437	$0.00527	$0.00644
	Next 4,000 gallons	$0.00522	$0.00984	$0.01186	$0.01449
	Over 10,000 gallons	$0.01305	$0.02460	$0.02965	$0.03623
Commercial
	Winter	$0.00374	$0.00599	$0.00603	$0.00606
	Summer	$0.00468	$0.00749	$0.00754	$0.00758
Outside City
Residential
	First 2,000 gallons	$0.00154	$0.00291	$0.00351	$0.00429
	Next 4,000 gallons	$0.00348	$0.00655	$0.00790	$0.00966
	Next 4,000 gallons	$0.00783	$0.01476	$0.01779	$0.02173
	Over 10,000 gallons	$0.01957	$0.03690	$0.04447	$0.05434
Commercial
	Winter	$0.00561	$0.00898	$0.00904	$0.00909
	Summer	$0.00702	$0.01123	$0.01131	$0.01137

	NOTES:
	*Rate table does not include applicable state and federal taxes and fees.
	**Winter rates are applicable to commercial usage during the November through April billing periods. Summer rates are applicable to usage during the May through October billing periods.

Deposits.

The customer shall deposit with the City of Las Vegas a service deposit which will be based on the following schedule:

[Amended 7-15-2009 by Ord. No. 09-09]

Residential customer: $100.

Rental customer: $200.

Commercial and industrial customer: Nonresidential customers will pay two times the highest bill for the service location during the previous 12 months when the location was occupied by previous owner or tenant.

Such deposit shall be subject to appropriation by the City of Las Vegas for purposes of applying the same or as much thereof as may be necessary to the payment of delinquent water service accounts or charges due by the City.

Upon completion of a twelve-month period in which each water service bill, during such period was paid in full prior to the delinquent date, then the deposit will either be refunded or credited the customer account.

The City Manager may waive or defer a water deposit if a complete investigation has revealed:

That the person requesting such waiver or deferral has been a residential customer whose account has not been delinquent in the past; or

That such customer for some reasonable cause cannot financially pay the full amount of the deposit in which case City Manager may defer the deposit for a period not to exceed three months; or

That the customer has been a long-standing business person in the community and that such customer's business has not had a delinquent utility account within the last two years; or

That such customer, if a rental customer, has established his service history at other locations for a period of at least two years and has not been delinquent during this period; or

That a residential customer who has not been delinquent within the last two years is willing to place the rental customer's account under such residential customer's name; or

That such customer has transferred service from one location in the water system to another if such customer's account has not been more than 60 days past due more than one time in the past year before such transfer.

Refunds.

Current customers. Each March, no earlier than the 10th of the month, customers who have water deposits will be evaluated as to eligibility for a deposit refund or credit to account.

Criteria for refund or credit of the deposit amount:

Individual or business must have been a customer on the City water system for the past 12 consecutive months minimum.

Customer must have no delinquent accounts with the City utility service as of March 10.

Change in service location. Customers transferring service from one location in the water system to another and who have had the deposit refunded as per Subsection C(3) will not be required to place a deposit for the new service location.

Change in deposit amount. Based on experience in the operation of the system, the deposit may be raised or lowered from time to time by the City Council by the adoption of a resolution prescribing new rates of deposit.

Service charges.

A service charge of $13.68 per hour per man with a minimum charge of $13.68 shall be charged to the customer for any of the following:

Cut-in water service (includes cut-in as a result of delinquent payment).

Cut-out of water service (includes cutoff as a result of a delinquent payment) or request by customer to cut off of service.

Setting of meter (result of customer matter on existing service).

Pulling of meter (result of customer matter).

Processing of a request for service.

If there are reasonable grounds to believe that a meter or service has been tampered with, including unauthorized turn on of meter, unauthorized taps in the service or main lines, and unauthorized adjustment or change of meter index, the meter shall be removed and a one-hundred-dollar charge for meter removal will be assessed against the customer whose service has been tampered with, and said charge will be required to be paid prior to service again being provided to the customer at any address within the City's water service area.

Service connection.

Unit charges for service connections, including service line and meter setting, shall be paid by the customer to the City as follows:

	Meter Size (inches)	Charge
	3/4 single setting	$460
	3/4 double setting	$560
	1	$500
	2	$1,000
	4	$6,000
	6	$8,000
	8	$15,000

Street cut and repair charges and boring costs shall be additional based upon amount of work performed as assessed by the Water Department.

Water utility revenue reserve balance.

The rates for water service contained in Subsections A and B include the establishment of a five-percent revenue reserve for the benefit of the Water Utility. At the end of each fiscal year, the Director shall determine the status of the water utility revenue reserve balance. The balance shall be the amounts collected through the water utility revenue reserve fee since its inception through the recently completed fiscal year minus amounts expended from the revenue reserve for the same historical time period.

In the event that the water utility revenue reserve balance exceeds 10% of the most recent past fiscal year's revenue, the City Manager may order a reduction of the rates for water service by dividing each rate by 1.05. Conversely, should the City's water utility revenue reserve balance for the most recent past fiscal year result in a balance of less than 5% of that fiscal year's revenue, the City Manager may order an increase in the rates for water service by multiplying each rate by 1.05. The water utility revenue reserve balance shall be used solely for meeting the needs of the City's Water Utility unless diversion of water revenue reserve balance funds to some other use within the City's operations are authorized by affirmative vote of the governing body.

Automatic rate adjustment. Annual automatic adjustments to the rates and charges of the Water Utility may be made through application of the Consumer Price Index (CPI-U) which is maintained by the U.S. government. Adjustments shall be authorized by the City Manager only after examination of the financial performance of the Utility during the past fiscal year.

§ 440-7 Manner of serving notice to customer.

Notice by the City to the customer may be given orally, by telephone or in writing. Written notice will be deemed given one business day after mailing to the customer's last known mailing address.

§ 440-8 Responsibility for payment of charges.

[Amended 9-21-2005 by Ord. No. 05-17; 6-7-2006 by Ord. No. 06-10; 7-15-2009 by Ord. No. 09-09]

Landlord utilities waiver of responsibility form. If a landlord does not wish to be responsible for specific, or any utilities incurred on their rental property(ies), they must submit a notarized landlord waiver of responsibility form to the City of Las Vegas Utilities Department, located at 905 12th Street.

If such form is not submitted, the landlord is responsible for any charges accrued, pursuant to NMSA 1978, § 3-23-6, and if utility charges are not paid to the City within six months after the initial billing date, a lien against the property shall be filed according to NMSA 1978, § 3-36-1. The landlord shall submit landlord utilities waiver of responsibility form only once for each rental property involving said waiver of utility payment.

Additional requirements.

Landlord standby utilities agreement. The landlord must enter into a landlord standby utilities agreement with the City to have those services provided by the City Utilities Department. Provision of standby utilities services are optional and will be provided only to those landlords requesting said standby services.

Landlord/tenant filing system. The City of Las Vegas Utilities Department shall maintain a comprehensive filing system that will contain any and all agreements, waivers, and forms requesting utility service covered in this chapter. A separate file will be maintained for each landlord and each utility service address.

§ 440-9 Payments; delinquencies; liens; disconnections.

Unless otherwise provided, billings shall be made on a monthly basis. All amounts due shall be payable when billed and shall become delinquent if not paid at the time of the production of the next monthly bill.

[Amended 7-20-2005 by Ord. No. 05-11; 9-21-2005 by Ord. No. 05-17]

The City may take the following actions in response to delinquent user fees:

If payment of any amount due is not made within 60 days of the initial billing of said amount, the water service to the property may be discontinued and shall not be again resumed until payment of amounts due, plus any penalties and interest, have been paid in full. Reasonable notice and right to protest must be given to the customer prior to actual cut off of water service. The City's Finance Department shall notify the customer of delinquent amounts and that service shall be terminated on a particular date, not less than 10 days after mailing the notice. Each delinquent notice shall contain the following language:

[Amended 7-20-2005 by Ord. No. 05-11; 9-21-2005 by Ord. No. 05-17]

This is to notify you that unless you bring your utility account(s) current, your service(s) will be cut off 10 days after the date this notice was mailed. You have the right to protest this termination as unjustified if you believe that you have been overcharged or charged for services not rendered. If you believe there is a mistake in this billing, you have the right to be heard and to present your argument and evidence. The City will evaluate your complaint and determine whether you owe the amounts in question. To protest this billing, you must contact the City's Collection Agent, at 454-1401, prior to the cutoff date.

If water charges owed are not paid to the City within six months after the initial billing date, a lien against the property shall be filed according to the New Mexico State Statutes.

The City may disconnect the private service line of the delinquent account from the City distribution main.

§ 440-10 Discontinuance and denying restoration of service.

Customers who intend to move from the premises or discontinue the use of water or in any way terminate their liability hereunder shall give the City reasonable notice of such intention, and the customer will be liable for all water that may be used upon the premises until such notice is given and the City has taken the final meter reading.

The City reserves the right to interrupt service for a reasonable period for repairs to its property or equipment.

Service may be refused or discontinued by the City for any of the reasons listed below. Unless otherwise stated, the customer shall be allowed a reasonable time in which to comply with the rules before service is discontinued except as provided in Subsection C(1), (2), (3), and (4) below.

Without notice in the event of a condition determined by the City to be hazardous.

Without notice in the event of customer use of equipment in such manner as to adversely affect the City's equipment or the City's service to others.

Without notice in the event of customer tampering with, damaging, or deliberately destroying the equipment furnished and owned by the City.

Without notice in the event of unauthorized use.

For failure of the customer to fulfill his contractual obligations for water service.

For failure of the customer to permit the City access to its equipment.

For nonpayment of bill.

For failure of the customer to provide the City with a deposit as authorized by § 440-6.

For failure of the customer to furnish such service equipment, permits, certificates, and/or rights-of-way as shall have been specified by the City as a condition to obtaining service, or in the event such equipment or permissions are withdrawn or terminated.

(10)

Failure to pay for the continuance of service of the same class at a different metering point.

When the City determines that a customer is bypassing a meter or otherwise interfering with the proper registration of water used, the City may discontinue the water service until the bypass is removed and payment for any damages to the installation and the estimated bill for the period during which the meter was tampered with has been made.

At the City's option a charge shall be made for turning the water off and on when done at the request of the customer and for his convenience.

Use of the City's curb and meter shutoff valve by customer or customer's agent is prohibited. This practice by unauthorized persons shall be reason for discontinuance of service.

If, during a shortage of supply, the City finds evidence of waste of water by a customer, the City will advise the customer of such condition. If after a reasonable time correction and/or repairs have not been made by the customer, the City shall discontinue service to the offending customer.

§ 440-11 Temporary service classification.

Temporary water service shall be provided when requested and when City water mains are present. Temporary water service shall be provided and metered through a water meter not exceeding 3/4 inch. Installation fees for temporary water service, when existing water service connection is not available for installation and removal of such temporary service, shall be based on actual time and equipment basis. All fees shall be paid to the City prior to the work being performed. Installation fees for temporary water service shall require placement of applicable deposit. The monthly charge shall be in accordance with the rate structure applicable to small commercial user class.

Temporary service shall not remain in service for a period exceeding three months. Extensions to this period shall be considered on a case-by-case basis. The City Water Director shall make the final decision.

§ 440-12 Line extensions.

Whenever an extension of the City's water lines is required to serve an applicant, or group of applicants, extensions will be made under the following terms and conditions.

All line extensions shall be sized to provide adequate domestic and fire-protection service, including fire hydrants to meet requirements for fire protection, but under no circumstances shall the line be smaller than six inches in diameter, and this is the minimum size for which the applicant shall be responsible. In the event that the system master plan requires a larger line size than is required to serve the applicant's needs, the City shall absorb the difference in investment between the applicant's required line size and the line size required by the plan. The City shall be the sole judge of proper line sizing.

[Amended 9-21-2005 by Ord. No. 05-17]

Investment in the line extension shall be based on extensions made to the midpoint of the property line of the property to be served. The extension will be made from the nearest adequately sized distribution main.

The investment in the line extension required to serve the applicant's domestic and fire-protection requirements as specified by Subsection B above will be paid in total by the applicant requesting the line extension.

The City shall not under any condition be required to make an extension that would be unprofitable and thereby cause undue hardship to existing customers.

All lines within incorporated cities, towns, and communities will be constructed in existing public roads, streets, City-owned land, alleys or easements. The applicant shall furnish such rights-of-way as are required without charge to the City over property owned by said applicant and shall assist the City in securing other rights-of-way necessary to provide service over property not owned by said applicant.

Where unusual circumstances exist, an extension may be made under a special long-term contract, providing the contract terms are such that no adverse effects will be imposed on the City's existing customers. This contractual provision is strictly at the option of the City.

Special conditions which affect the furnishings of water service to an applicant or group of applicants, such as elevation or other conditions resulting in increased costs to the City in providing water service, shall be taken into consideration when estimating the cost of providing service.

Lines primarily for purposes of a master plan will be installed by the City. Subsequent connections or extensions for development to properties directly abutting or benefiting from such lines and fixture development areas to be served by this line, which were undeveloped at the time of the extension, shall reimburse the City for a pro rata share of the line as follows: The pro rata costs shall be based on those size line and appurtenances which would have been required to serve the development with adequate domestic and fire-protection service.

Customers served with facilities that have been installed under Subsection I will be charged in accordance with applicable Subsection B, C, D, or H.

"Property to be served" is defined as that property described by the applicant in the application for a building permit as required by the Uniform Building Code adopted by the City.

Extension charges.

Applicable.

The following water line extension policies shall apply only to extensions of water mains within the City limits and to properties which have been subdivided under NMSA 1953, §§ 14-2-1 through 14-2-34,[1] and City ordinances prior to January 1, 1978; more specifically described as:

Coopers Subdivision (Melinda Lane).

[a]

Lots 1 to 8 and 9 to 16.

Stromi Subdivision (Stern Drive and Highlands Drive).

[a]

Lots 1 to 7 and 15 to 19, Block K.

[b]

Lots 8 to 14 and 20 to 24, Block K.

Town of Las Vegas Addition (Kavanaugh Street).

Lot 4, Block 131.

Lot 4, Block 43.

Lot 4, Block 36.

Lot 1, Block 132.

Lot 1, Block 44.

Lot 1, Block 37.

Editor's Note: See now NMSA 1978, § 3-2-1 et seq.

Contracts with Sangre de Cristo Water Com. and PMN for water. This policy shall not apply to any subdivisions in which developers entered into a contractual relationship for water line extensions with Public Service Co. or the City of Las Vegas.

Definitions.

"Lot to be served" is defined as lots having water service adjacent to property as per Subsection K.

"Lot" is defined as subdivided land and a lot size of 6,000 square fee or more. A lot with a residence already in existence but not served by City water shall also be designated as a lot.

[Amended 9-21-2005 by Ord. No. 05-17[2]]

Editor's Note: This ordinance also repealed original Subsection L(2)(c), Formula, which immediately followed this subsection.

Charges for connections made to extensions. In the event that an applicant for water service makes connection to an extension which was previously installed by the City, or an extension made at the request of an original customer and paid for by that original customer, the City shall charge the applicant an amount equal to the pro rata per foot cost of the original extension multiplied by the frontage footage of the property of the applicant.

[Amended 9-21-2005 by Ord. No. 05-17]

Credit for connections made to extensions. In the event that an applicant for water service makes connection to an extension which was previously installed at the request of an original customer and paid for by that original customer, the City shall make a refund to the original customer in an amount equal to the pro rata per foot cost of the original extension multiplied by the frontage footage of the property of the applicant. The total amount of refunds made to the original customer shall be limited to the amount paid by the original customer for the extension minus the front footage cost share of the original customer's property. The period of time during which refunds shall be made to the original customer shall be five years after the completion of the extension made for the original customer. The Utility Department shall maintain records of customer extensions for purposes of application of this subsection.

[Added 9-21-2005 by Ord. No. 05-17]

§ 440-13 Right to ingress and egress.

An identified representative of the City shall have the right to ingress and egress to and from the customer's premises for the purpose of inspecting, maintaining, testing, reading, changing, installing, or removing its meters; if such duly identified representative is refused admittance or hindered or prevented from performing the above duties, the water service may be discontinued until free access is given.

§ 440-14 Location of meter.

The customer's meter location and connecting yard line will be relocated by the customer when a water main is installed in a public right-of-way which abuts the customer's property in order to provide service from the nearest water main installed in public right-of-way. This will only be required when the project is undertaken to improve the customer's water service and to eliminate water mains on private easements wherever possible.

§ 440-15 Responsibility for equipment used in supplying service.

Responsibility of the City. The City will design, install, own, operate and maintain the complete water system up to the point of delivery, including meter setting and meter.

Responsibility of the customer.

The customer shall install, own and maintain all facilities beyond the point of delivery.

The customer or property owner must exercise due care for the protection of the property of the City on the customer's premises.

The customer agrees, in accepting service, that no one except the employees for the City shall be allowed to make an internal or external adjustment of any meter or any other piece of apparatus which is the property of the City.

Facilities or equipment necessary for any special requirements shall be installed and maintained by the customer.

§ 440-16 Metering.

All meters used in connection with metered service shall be furnished, installed, and maintained by the City. Cost of service and meters will be paid for by the customer.

Upon request by a customer, the City may perform a test of the meter serving him and shall advise the customer that he may be present. The City shall charge the customer the actual cost of the time required to remove the meter and perform the test. Such cost to be the man-hours required times the established hourly rate of pay for a pipefitter. No charge will be made whenever a meter proves to be in excess of 2% fast.

The customer or his representative may be present, if he desires, when his meter is tested. If the customer wishes to be present, he should so notify the City at the time of his request for the meter test. The City shall give the customer reasonable advance notification as to the day, time and place of said meter test.

A report of the results of the test shall be made to the customer within a reasonable time after the completion of the test.

Fast meters. When a meter is found to be fast in excess of 2% as a weighted average of the total volume of flow at all test rates, the City shall refund to the customer an amount equal to the excess charged for the water incorrectly metered. The period over which the correction is to be made shall be the time elapsed since the last previous test or to the time of apparent failure; provided, however, the period shall not exceed six months.

§ 440-17 Service connection.

A normal pressure within the range of 50 pounds to 125 pounds can ordinarily be made available in areas contiguous to existing lines and at the pressure indicated for normal operations within established pressure zones, where applications for service are received which would involve service to elevations either above or below the established elevation, special engineering and economic studies may be required which could result in other than normal equipment requirements to provide such service. All circumstances will be taken into account in determining the feasibility of rendering service and where the feasible extensions will be made subject to the provisions outlined in § 440-12, Line extensions, or Subsections F and G.

Not more than one service line for each class of service shall be installed on the premises for any one customer.

The customer shall install a shutoff valve, or equivalent, on his yard line in order that he can control the water flow in his entire water system. Such valve shall be located in an accessible place for easy operation by the customer.

No cross-connection with any other source of water shall be made to a customer's piping which is connected to the City's lines.

Where the normal water pressure is determined by the customer to be less than his requirements, the customer shall install a booster pump and pressure storage tank. The design for any such installation, including an approved backflow preventer, shall be submitted to the City for approval prior to any construction.

Where the normal water pressure is determined by the customer to be greater than his requirements, the customer shall install an approved, adjustable pressure regulating device in his piping system.

An approved adjustable pressure regulator shall be installed by the customer on all new services before water service will be connected, and it shall be so located as to control the pressure in the customer's entire piping system.

All piping and plumbing installations made by the customer or under responsibility of the customer shall conform with the Plumbing Code of the State of New Mexico and/or other applicable codes or regulations.

§ 440-18 Limitation of use.

[Amended 12-8-2021 by Ord. No. 21-18; 10-11-2023 by Ord. No. 23-08]

Resale of water service or the furnishing of water service to others by a customer shall not be permitted except where such resale or furnishing of service is provided for in the applicable schedule and in a written agreement between the customer and the City. City municipal water and wastewater shall not be used for the commercial cultivation, processing, manufacturing or production of cannabis or cannabis products or other commercial agricultural or commercial dairy purposes.

§ 440-19 Fire hydrants.

In order to assure proper operation of fire hydrants, no water shall be drawn through any fire hydrant for any other purpose than fire protection, except by special permit from the City.

In the event the City's main line is inadequate to provide fire hydrant service as requested by the customer, refer to § 440-12 herein entitled "Line extensions."

§ 440-20 Private fire-protection service.

A customer desiring private fire-protection service, in addition to regular water service, shall make such a request, in writing, to the City prior to commitment of the project to construction.

If water main facilities are available for such service as determined by the City, the customer will install, at his own expense, a complete and separate piping system extending and connecting to the City's facilities. This will include a meter pit of sufficient size to house the necessary valves, meters and piping, all of which shall be as specified by the City. The location of this pit will be determined by the City.

The City will furnish and install the necessary metering at the expense of the customer.

In the event the City's water mains are inadequate to provide the requested fire-protection service or if extension of a main is required, refer to § 440-12, Line extensions.

Fire-protection service shall be billed as a separate customer account on the same basis as a small business commercial or a commercial, industrial and institutional customer account based on the meter size utilized.

Line Size (inches)	Charge
	FY 2013	FY 2014	FY 2015	FY 2016
1	$120.00	$81.00	$43.00	$4.50
2	$238.00	$160.00	$85.00	$7.50
3	$240.00	$165.00	$90.00	$15.00
4	$360.00	$250.00	$140.00	$26.00
6	$486.00	$345.00	$200.00	$55.00
8	$625.00	$460.00	$290.00	$126.00

§ 440-21 General rules with respect to large users of water.

Before proceeding with the purchase of any equipment which will necessitate the use of large quantities of water within short periods of time, the City shall be consulted for advice as to the best method of installation and for information concerning the conditions under which the water will be supplied to the premises of the customer.

In general, the City reserves the right to limit the size of service connections or openings through which its service is furnished for filling storage tanks, locomotive tenders, hydraulic equipment, private fire service, or other classes of service capable of drawing relatively large quantities of water and thereby causing undue fluctuations of pressure in portions of the City's system.

§ 440-22 Filing of lien for delinquent charges.

[Amended 4-20-1983 by Ord. No. 71-30]

If charges for water service, service work, temporary and special services, assessments, maintenance and extensions become delinquent, a lien for said delinquency may be filed in accordance with NMSA 1978, §§ 3-36-1 through 3-36-7.

§ 440-23 Protection of water facilities and water.

[Amended 5-14-1990 by Ord. No. 79-18]

Public access restrictions.

The City of Las Vegas will not allow any public access to said property. "Public" refers to any individual or group of individuals wishing to use said property for any reason unrelated to any City intended use of the property.

Such activity includes, but is not limited to, hiking, picnicking, rock climbing, camping, tree removal, disposal of litter, disposal of any hazardous material, field exploration, bird watching, road building, fishing, or swimming.

The City will allow access to said property to individuals who are on official City business with the approval of the Water Department.

Said individuals include, but are not limited to, City employees performing an official City function, representatives from the New Mexico Environmental Improvement Agency, the United States Department of Agricultural, the Bureau of Land Management, any engineer, geologist, hydrologist, or professional person or company contracted by the City to perform studies or tests of the property, water facilities, and water, and any person or company contracted by the City to perform repair work, maintenance work, or construction work on the property or water facility.

Enforcement. Said property will be clearly posted with "No Trespassing" signs which conform with City regulation or state regulations. In the event unauthorized personnel enter said property, Water Department personnel will advise the unauthorized personnel that they are trespassing and enforcement of this chapter will be pursued under applicable law.

§ 440-24 Water service classification; water supply for new users within City limits.

The City of Las Vegas shall provide the various water service classifications provided herein when adequate water supply exists to meet the demand of existing City-wide water service. The City shall possess the right to disallow any or all of the service classifications provided herein. Where water supply fails to meet the demands of the existing City-wide water service, new service shall be in accordance with an ordinance defining water rationing plan.

§ 440-25 Provision of municipal water services to nonmunicipal users.

[Amended 4-16-1987 by Ord. No. 75-49]

Requirements for municipal water services. Any person, firm, corporation or association, hereinafter referred to as "user," who resides or whose business is located outside of the City limits of the City of Las Vegas, New Mexico, and who shall request municipal water services shall hereafter be required to transfer water rights or a water supply payment to the City of Las Vegas in exchange for such services under the conditions contained herein and in the amounts which shall be determined by the governing body of the City of Las Vegas, New Mexico, by resolution duly adopted from time to time.

Conditions.

No new municipal water service connection outside of the City limits shall be approved by the City of Las Vegas, New Mexico, for any user until there has been completed a transfer to the City of Las Vegas water rights or water supply payment as shall be required by the governing body of the City of Las Vegas, New Mexico, when it is determined by the Water Director that water is available, according to the annual water allotment schedule based on annual average consumption for like-established enterprises.

The requirements stated herein for transfer of water rights shall be restricted to new municipal water service connections outside of the City limits as opposed to reconnection or renewal of terminated services, unless the type or establishment changes to a higher use in which case the difference between the previous use and higher use must be transferred.

The water right amounts required to be transferred under the schedule of terms shall be on a acre/foot consumptive use basis and contingent on approval for transfer to the City of Las Vegas under the rules, regulations and procedures required in compliance with the state water law; all costs in connection with such transfer shall be provided by transferor.

There will be no new municipal water service connections outside of the City limits approved by the City until there has been a completed transfer to the City of water rights to meet a minimum requirement or schedule based on annual consumption, and there may be situations wherein the proposed water service connection cannot furnish the required water right and a money amount shall be established in lieu of the required water rights. Therefore, water rights shall be established based on the following annual water allotment schedule:

	Category of Establishments/Enterprise	Annual Water Allotment Average Acre/Feet of Water
	Residential	0.4 each connection
	Apartment/condominium complex	0.2 each unit
	Motels**	0.3 each unit
	Mobile trailer homes	0.3 each unit
	Service stations**	0.5 each establishment
	Car washes**	5 each establishment
	Laundromats	0.3 each machine
	Drive-in (eating establishments)	1.5 each establishment
	Restaurants**	2.0 each establishment

	NOTES:
	** Average annual usage particularly for these category items may vary by specific establishments depending on size, type and complexity of operation. For example, motels with restaurants, bar and other facilities may use more water on a per unit basis then one without such facilities. Adjustments on an individual basis shall be made for any establishment which may deviate significantly from the average period.

NOTES:

** Average annual usage particularly for these category items may vary by specific establishments depending on size, type and complexity of operation. For example, motels with restaurants, bar and other facilities may use more water on a per unit basis then one without such facilities. Adjustments on an individual basis shall be made for any establishment which may deviate significantly from the average period.

Other categories not included, such as hospitals, retail stores, business offices, etc., shall be determined on an individual basis by the City Council.

In the event that required water rights cannot be transferred to the City and if the City has sufficient water rights available, the City may allow the proposed water service connection upon payment in cash of $1,500 per acre/foot of water needed on a consumptive basis. Nothing in this chapter shall require the City to sell any of the water rights it may own.

All future annexations will be considered upon submittal of a water plan consistent with this chapter and approved only after water rights or water supply payment have been transferred to the City of Las Vegas in the amounts determined necessary to provide municipal water services in the said area to be annexed.

Transfer of water rights, where applicable, will be required for any parcel of land on which building permits are issued.

The transfer of water rights, wherever applicable, in no way abolishes the requirement of tapping fees, extension fees or other costs or requirements of the City of Las Vegas regarding the provision of water.

§ 440-26 Water conservation.

[Amended 7-12-1990 by Ord. No. 78-44; 8-19-1998 by Ord. No. 98-2; 5-25-2000 by Ord. No. 99-34; 5-16-2001 by Ord. No. 01-14; 6-21-2010 by Ord. No. 09-18]

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.

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:

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

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

Signage.

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.

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.

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:

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).

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

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.

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.

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.

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

To all persons applying for a building permit.

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

Education.

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.

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.

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

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.

Irrigation. Irrigation shall be permitted on:

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

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

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.

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.

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

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.

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.

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.

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.

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.

Water waste.

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.

Sprinklers shall be shut off during rainy and windy events.

Indoor uses.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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

New construction.

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.

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.

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

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.

Stage I.

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

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

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

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.

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.

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).

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

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

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.

Stage II.

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

Mondays and Fridays at locations with even-numbered street addresses.[1]

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

Tuesdays and Saturdays at locations with odd-numbered addresses.

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.

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.

Swimming pools. Requirements continue as in Stage I.

Eating establishments. Requirements continue as in Stage I.

Ornamental fountains. Requirements continue as in Stage I.

Fire hydrants. Requirements continue as in Stage I.

Stage III.

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

Wednesdays at locations with even-numbered street addresses.

Thursdays at locations with odd-numbered street addresses.

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.

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

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).

Eating establishments. Requirements continue as in Stage I.

Ornamental fountains. Requirements continue as in Stage I.

Fire hydrants. Requirements continue as in Stage I.

Stage IV.

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.

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]

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

Outdoor uses.

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).

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

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.

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.

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

Personal fruit and/or vegetable gardens of 200 square feet or less, watered by drip irrigation, soaker hose or by hand.

[Added 12-20-2017 by Ord. No. 17-12]

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.

Harvested rainwater and greywater are exempt.

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.

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

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

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

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

[4]

The proposed waiver or exception will ameliorate the hardship.

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.

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

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

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.

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.

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.

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].

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

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

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.

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:

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.

Second violation: $350 penalty assessment municipal violation.

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

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

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.

§ 440-27 Cross-connection prevention and control.

Short title. This section shall be known and may be cited as the "Cross-Connections Prevention and Control Section."

Purpose. The purpose of this section is:

To prohibit unprotected cross-connection to the municipal water system or within premises;

To declare such unprotected cross-connection unlawful and a public nuisance and to protect for the abatement of such nuisances by petition for injunctive relief as provided by law;

To protect the municipal water system against actual or potential cross-connection by containment and/or isolation of contamination or pollution that may occur within a premises because of some undiscovered cross-connection;

To eliminate or control cross-connection between potable water systems and other sources of water which are not approved as being safe and potable for human consumption and which jeopardize the safety of potable water systems;

To prevent the making of cross-connections in the absence of approved methods of backflow prevention;

To encourage the exclusive use of public water systems as the source of potable water for human consumption; and

APPROVED TESTING LABORATORY

To protect the consumer's water system against plumbing defects or cross-connections which may impair the quality of potable water available on the premises by an approved method.

Definitions. The following definitions shall apply in the interpretation and enforcement of this section:

APPROVED

As herein used, in reference to a physical separation, a reduced-pressure principle backflow prevention assembly, a double-check valve assembly, a pressure vacuum breaker, and atmospheric vacuum breaker, or other backflow prevention assemblies or methods, means approved by the appropriate testing laboratory.

The Foundation for Cross-Connection Control and Hydraulic Research at the University of Southern California which has equivalent backflow prevention assembly laboratory and field evaluation capabilities.

BACKFLOW

A flow reversal (i.e., backpressure or backsiphonage) of a contaminate, pollutant or water from an unapproved supply into the distribution pipes of a potable water system.

BACKPRESSUREA form of backflow due to an elevated pressure (by pump, elevation of system piping, steam and/or air pressure) which creates a flow reversal into the distribution pipes of a potable water system.

BACKFLOW PREVENTION ASSEMBLY OR PHYSICAL SEPARATION, APPROVED

BACKSIPHONAGEA form of backflow due to a reduction in pressure (i.e., a negative or subatmospheric pressure) which creates a flow reversal into the distribution pipes of a potable water system.

A backflow prevention assembly of a make, model, size and type approved for use or a physical separation which satisfies the criteria set forth herein for an air-gap separation.

AIR-GAP SEPARATIONThe unobstructed vertical distance through the free atmosphere between the lowest free flowing outlet from a potable water system and the flood level rim of a tank, plumbing fixture, receptor or other device. An "approved air-gap separation" shall be at least the diameter of the outlet measured vertically above the flood level rim of the receptacle, but in no case less than one inch (2.54 cm). An air-gap separation shall be used to provide protection against a contamination hazard.

REDUCED-PRESSURE PRINCIPLE BACKFLOW PREVENTION ASSEMBLY (RPBA)An assembly of two independently operating approved check valves together with a hydraulically operating, mechanically independent differential pressure relief valve located between the check valves. The assembly shall include tightly closing (resilient seat) shutoff valves at each and must have properly located test cocks. To be approved these assemblies must be installed as prescribed within the "Manual of Procedures" and be readily accessible for in-line testing and maintenance. A reduced-pressure principle backflow prevention assembly shall be used to provide protection against a contamination hazard.

DOUBLE-CHECK VALVE ASSEMBLY (DCVA)An assembly of two independently operating approved check valves. The assembly shall include tightly closing (resilient seat) shutoff valves at each end and must have properly located test cocks. To be approved these assemblies must be installed as prescribed within the "Manual of Procedures" and be readily accessible for in-line testing and maintenance. A double-check valve assembly shall be used to provide protection against a pollution hazard.

PRESSURE VACUUM BREAKER (PVB)An assembly containing independently operating spring loaded check valve(s) and an independently operating spring loaded air inlet valve located on the discharge side of the check valve. The assembly shall include tightly closing (resilient seat) shutoff valves located at each end and must have properly located test cocks. To be approved these assemblies must be installed as prescribed within the "Manual of Procedures" and be readily accessible for in-line testing and maintenance. A pressure vacuum breaker shall be used to provide protection against a contamination hazard under backsiphonage conditions only.

CERTIFIED BACKFLOW PREVENTION ASSEMBLY TESTER

ATMOSPHERIC VACUUM BREAKER (AVB)An assembly containing a float-check, a check seat and an air inlet port. The assembly shall include a tightly closing (resilient seat) shutoff valve immediately upstream of the valve body. To be approved these assemblies must be installed as prescribed within the "Manual of Procedures" and be readily accessible for in-line maintenance. An atmospheric vacuum breaker shall be used to provide protection against a contamination hazard under backsiphonage conditions only.

A person certified and competent in the testing, repair and maintenance of backflow prevention assemblies by successful completion of the written and performance examination administered as part of a training and certification course approved by the appropriate authority. To be recognized each certified backflow prevention assembly tester shall furnish evidence of competence in all phases of backflow prevention assembly testing and repair, by means of examination and education or by means of examination and experience, to the Water Department. A valid certification, issued in accordance with the requirement of this section, which has not exceeded three years from the date of issuance shall be evidence of competence. Each certified backflow prevention assembly tester shall be cognizant of all applicable laws, rules, regulations, reporting and recordkeeping requirements.

CONSUMER

Any person who is served by the municipal water system and/or is assessed charges for water service from the municipal water system by the City of Las Vegas.

CONTAMINATION

An impairment of potable water quality (by sewage, industrial fluids, waste liquids, gases, or other substances) to a degree which creates an actual hazard to public health.

CROSS-CONNECTION

Any unprotected actual or potential connection or structural arrangement between the municipal water system or the consumer's potable water system and any other source or system by which it is possible to introduce a contaminant, pollutant, used water, industrial fluid, gas, or other substance into a potable water system. Bypass arrangements, jumper connections, removable sections, swivel or change-over devices and other temporary or permanent devices through which, or because of which, backflow can or may occur are considered to be cross-connections.

CROSS-CONNECTION CONTROL BY CONTAINMENTThe installation of an approved backflow prevention assembly or physical separation at the water service connection to a consumer's water system in instances where unprotected cross-connections within a consumer's premises pose a threat of contamination or pollution to the municipal water system. This type of protection may also be prescribed where it is physically or economically infeasible to find and permanently eliminate or control all actual or potential cross-connection within the consumer's water system. Containment control for residential application shall be accomplished with a dual check valve at the service connection.

CROSS-CONNECTION CONTROL BY ISOLATIONThe installation of an approved backflow prevention assembly or physical separation within the consumer's water system to effectively isolate that portion of the consumer's water system where unprotected cross-connections occur. This type of protection may also be prescribed where it is physically or economically infeasible to find and permanently eliminate or control all actual or potential cross-connections within a portion of the consumer's water system.

CROSS-CONNECTION, POTENTIALA connection or structural arrangement between the municipal water system or the consumer's potable water system and any other source or system through which backflow into potable water system may occur as the result of intermittent conditions.

CROSS-CONNECTION, PROTECTEDA cross-connection which has been protected (controlled) with an approved backflow prevention assembly or physical separation.

CUSTOMER'S SYSTEM OPERATOR

CROSS-CONNECTION, UNPROTECTEDA cross-connection which has not been protected (controlled) with an approved backflow prevention assembly or physical separation.

The consumer or the consumer's contact person who has knowledge of the backflow preventers located on the premises.

HAZARD, DEGREE OF

The condition of risk created by an actual or potential threat of contamination or pollution resulting from a cross-connection.

HAZARD, CONTAMINATIONAn actual or potential threat of contamination, of a biological, physical or toxic nature, to the municipal water system or the consumer's potable water system to a degree which creates a hazard to public health.

HAZARD, PLUMBINGAn internal or plumbing type cross-connection within a consumer's potable water system that may be a contamination or a pollutional hazard. This includes, but is not limited to, cross-connections to toilets, sinks, lavatories, wash trays, domestic washing machines and lawn sprinkling system. Such cross-connections must be protected with approved backflow prevention assembly(ies) or physical separation(s).

HAZARD, POLLUTIONALAn actual or potential threat of pollution to the municipal water system, or the consumer's potable water system, which would not create a hazard to public health.

HAZARD, SYSTEMAn actual or potential threat of severe damage to the physical properties of the municipal water system or the consumer's potable water system, or an actual or potential threat of pollution or contamination which would have a protracted effect upon the potable quality of the water in either system.

HEARING OFFICER

The person designated by the City Manager and authorized to conduct hearings as provided within this section, subject to the rules and regulations established by City of Las Vegas.

INDUSTRIAL FLUID

Any chemically, biologically or otherwise contaminated fluid or solution in a form or concentration which would constitute a contamination or pollutional hazard if introduced into the municipal water system or the consumer's potable water system.

MANUAL OF PROCEDURES

A manual of procedures for implementation of the City of Las Vegas Cross-Connection Prevention Program to include standardized backflow prevention assembly installation criteria for the protection of the municipal water system. The "Manual of Procedures" shall be published by the Water Department.

PERSON

Any individual, partnership, firm, public company, private corporation, association, trust, estate, government entity, or any other legal entity or their legal representatives, agents or assigns. This term means either the singular or plural, as the case may be.

POLLUTION

An impairment of potable water quality to a degree which does not create a hazard to public health, but does render such water unsuitable for other domestic uses.

PREMISES

A parcel of real estate or portion thereof, including any improvements or structures thereon.

RESPONSIBILITY

It shall be the responsibility of the City's Water Director to administer and enforce the provisions of this section. This section also assigns responsibilities to customers and to certified backflow prevention assembly testers and repairmen.

SERVICE CONNECTION

The terminal end of a water service from the municipal water system (i.e., the downstream end of the water meter) to a consumer's water system. Service connection also means any temporary or emergency water service from the municipal water system.

WATER DEPARTMENT

Has the responsibility and authority to operate and maintain the municipal water system.

WATER SUPPLY, APPROVED

Public water system and any other water sources regulated by the New Mexico Health and Environment Department, Environmental Improvement Division.

WATER SUPPLY, AUXILIARY

Any public or private water supply (including community and noncommunity water systems, as further defined within the New Mexico Regulations Governing Water Supplies) on or available to a consumer's premises, other than the City of Las Vegas municipal water system. Auxiliary water supplies may include public potable water suppliers, any natural water sources (such as wells, springs, rivers, or streams), used waters or industrial fluids.

WATER SYSTEM, CONSUMER'S

The privately owned water system on a consumer's premises whether supplied by the municipal water system or an auxiliary water source. Where the consumer's water system is supplied by the municipal water system, the point of beginning of the consumer's water system shall be the service connection.

WATER SYSTEM, MUNICIPAL

Any potable water system which is owned and operated by the City of Las Vegas to supply residential and nonresidential water uses within and beyond the municipal limits of the City of Las Vegas. This water system includes all sources, facilities and appurtenances between the source and the service connection (water meter) such as valves, pumps, pipes, conduits, reservoirs, storage tanks, fixtures, equipment and appurtenances used to produce, convey, treat or store potable water.

WATER SYSTEM, NONPOTABLE

A water system that contains water which exceeds the maximum contaminant levels specified by the New Mexico Regulations Governing Water Supplies and/or Public Law 93-523 (the Safe Drinking Water Act and subsequent amendments)[1].

WATER SYSTEM, POTABLE

A water system that contains water which does not exceed the maximum contaminant levels specified by the New Mexico Regulations Governing Water Supplies and/or Public Law 93-523 (the Safe Drinking Water Act and subsequent amendments)[2].

WATER SYSTEM, PRIVATE

Any water system for the provision of piped water for human consumption or domestic purposes, if such system does not have more than 15 service connections or does not regularly serve an average or more than 25 individuals at least 60 days during the year.

WATER SYSTEM, PUBLIC

A water system, other then the municipal water system, for the provision of piped water for human consumption to the public, if such system has at least 15 service connections or regularly services an average of at least 25 individuals at least 60 days out of the year. A public water system is either a community water system or a noncommunity water system (as further defined within the New Mexico Regulations Governing Water Supplies).

WATER, USED

Any water supplied from the municipal water system to a consumer's water system after it has passed through the service connection and is no longer under the sanitary control of the Water Department.

Editor's Note: See 42 U.S.C. § 300f et seq.

Editor's Note: See 42 U.S.C. § 300f et seq.

Responsibility. The elimination or control of cross-connections to the municipal water system or within premises requires cooperation between the City of Las Vegas and the consumer.

The Water Department shall be responsible for prevention of backflow of contaminants, pollutants, used water or water from auxiliary water supplies through the water service connection and into the municipal water system. Approved backflow prevention assembly(ies) or physical separation(s), commensurate with the degree of hazard, shall be installed, as required by the Water Department, at the consumer's water service connection for the safety and protection of the municipal water system. If actual or potential unprotected cross-connections are found within the consumer's water system during the Water Department's premises inspection, the Water Department shall give notice, in writing, to said consumer to have such approved backflow prevention assembly(ies) or physical separation(s) installed at the consumer's own expense within 30 days of such notification. In instances of failure, refusal or inability on the part of the consumer to install, have tested and maintain said assembly(ies) or physical separation(s), the Water Department shall have the authority to disconnect water service to the premises until such requirements have been satisfactorily met.

The Water Department shall also be responsible for the prevention of backflow of contaminates, pollutants, used water, or water from auxiliary water supplies into the municipal water system. The Water Department shall also be responsible for consumer notification, preliminary and detailed premises inspections, premises reinspection, preparation of inspection reports, noncompliance evaluations, office hearings, water shutoff notifications, discontinuance of water service, maintaining backflow prevention assembly records, assessment or special service fees, enforcement of this section, implementation of penalties and for the ultimate approval of the make, model, size, and type of backflow prevention assemblies to be installed between the municipal water system and the consumer's water system. In addition, the customer shall be responsible for annual testing of backflow prevention assemblies (at the service connection) be a certified tester. The Water Department shall maintain current records for all backflow prevention assemblies within the municipal water system service area, including those within consumer's water system.

The Water Department shall be responsible for the prevention of backflow of contaminants, pollutants, used water or water from auxiliary water supplies into the consumer's potable water system. Approved backflow prevention assembly(ies) or physical separation(s), commensurate with the degree of hazard, shall be installed, as required by the Health Agency, within the consumer's water system for the safety and protection of the consumer's potable water system and the municipal water system. If actual or potential unprotected cross-connections are found within the consumer's water system during a premises inspection, the Health Agency shall give notice, in writing, to said consumer to have such approved backflow prevention assembly(ies) or physical separation(s) installed, at the consumer's own expense, at specific location(s) within the consumer's water system within 30 days of such notification. In instances of failure, refusal or inability on the part of the consumer to install, have tested and maintain said assembly(ies) or physical separation(s), the Health Agency shall direct the Water Department to disconnect water service to the premises until such requirements have been satisfactorily met.

The Construction and Industries Division shall be responsible for the prevention of unprotected cross-connection installations in new and remodeled structures within its jurisdictional limits. The Plumbing Official's responsibility begins at each service connection and carries through the entire length of the consumer's water system. Where actual or potential cross-connections are called for by the plans, the water serviceman shall give notice to the consumer that approved backflow prevention assembly(ies) or approved physical separation(s) must be installed at the consumer's own expense. Information regarding the make, model, size and type of any backflow prevention assembly which will be installed shall be included within the revised plans. In instances of failure, refusal or inability on the part of the consumer to install and have tested said assembly(ies) or physical separation(s), the Construction and Industries Division shall disapprove the plans or suspend or revoke a plumbing permit issued under the provisions of the State Building Code.

The consumer shall be responsible for the prevention of contaminants, pollutants or auxiliary water supplies from entering his or her potable water system(s) or from entering the municipal water system. The consumer's responsibility begins at the service connection and carries throughout the entire length of the water system(s). The consumer shall install, have tested, and maintain, at his or her own expense, approved backflow prevention assembly(ies) or physical separation(s) as directed by the Water Department.

Cross-connection control by containment.

Protection is required:

At the service connection to any premises which has an auxiliary water supply;

At the service connection to any premises on which contaminants or pollutants are handled in such fashion as to permit their backflow into the consumer's water system; and

At the service connection to any premises where it is physically or economically infeasible to find and permanently eliminate or control all actual or potential cross-connections.

Type of protection. Approved backflow prevention assembly(ies) or physical separation(s), commensurate with the degree of hazard, shall be installed as required by the Water Department and further described below:

The service connection to any premises served by an auxiliary water supply shall be protected with an approved reduced-pressure principle backflow prevention assembly or an approved air-gap separation.

The service connection to any premises on which any pollutant is or may be handled in such fashion as to permit its backflow into the consumer's water system shall be protected with an approved double-check valve assembly.

The service connection to any premises where it is physically or economically infeasible to identify and permanently eliminate or control all actual or potential cross-connections shall be protected with an approved reduced-pressure principle backflow prevention assembly or an approved air-gap separation.

The service connection to any premises on which any contaminant is or may be handled under pressure shall be protected with an approved air-gap separation. This air-gap separation shall be located as close as practicable to the service connection and all piping between the service connection and receptacle shall be entirely visible. The service connection shall be protected with an approved reduced-pressure principle backflow prevention assembly in instances where these conditions cannot be reasonably met.

The service connection to any sewage treatment plant or sewage pumping station shall be protected with an air-gap separation. The air-gap separation shall be located as close as practicable to the service connection, and all piping between the service connection and any receptacle shall be entirely visible. The service connection shall be protected with an approved reduced-pressure principle backflow prevention assembly in instances where these conditions cannot be reasonably met.

Unprotected connections. Unprotected connections upstream from the water meter of any backflow prevention assembly or physical separation are strictly prohibited.

Frequency of inspection and testing. Backflow prevention assemblies shall be inspected and tested at least once a year, or more often in instances where consecutive tests indicate repeated failure. Where repeated failures occur, quarterly test may be mandatory. Physical separations shall also be inspected at least once a year. Backflow prevention assemblies or physical separations at the service connection to any premises shall be inspected and tested by a certified tester. Backflow prevention assemblies shall be repaired, overhauled, or replaced by the consumer at the consumer's own expense whenever they are found to be defective to the specifications of the Water Department. All records of inspections and tests shall be maintained by the Water Department and these records shall be forwarded to the Water Department.

Cross-connection control by isolation.

Nonpotable water systems. Unprotected cross-connections between potable and nonpotable water systems are strictly prohibited.

Fire-protection system auxiliary water supplies. Unprotected cross-connection between fire-protection system auxiliary water supplies and potable water systems are strictly prohibited.

Dual-domestic fire-protection systems. In an instance where a potable water system is used for both human consumption and fire-fighting purposes, approved backflow prevention assembly(ies), commensurate with the degree of hazard, shall be used to isolate that portion of the water system used for fire-fighting purposes.

Unprotected connections. Unprotected cross-connections between the consumer's potable and nonpotable water systems are strictly prohibited.

Industrial fluids. Any potable water system which serves industrial equipment or operations shall be protected against backflow with approved backflow prevention assembly(ies) or air-gap separation(s) beyond the last point from which water for human consumption may be taken. Air-gap separations shall be used in lieu of backflow prevention assemblies where industrial fluids are liable to prevent reliable action of a mechanical backflow prevention assembly.

Sewage treatment plants and pumping stations. Sewage pumps shall not have direct priming connections to any source of potable water. Cross-connections within sewage treatment plants or sewage pumping stations are strictly prohibited.

Plumbing connections. Where conditions are such that backflow of sewage into a potable water system (as from sewers, toilets, or hospital bedpans) can occur, approved air-gap separation(s) or approved backflow prevention assembly(ies), commensurate with the degree of hazard, shall be installed. The requirements for such installations shall apply to those situations where the occurrence of vacuum conditions within the potable water system is definite and there is a potential contamination hazard. In these instances, air-gap separations or backflow prevention assemblies designed to protect against a backsiphonage condition (i.e., roof tanks, separate pressure systems, approved atmospheric or pressure vacuum breakers or other approved backflow prevention assemblies, shall be installed.

Marking safe and unsafe water lines. Where premises contain dual or multiple water systems, the exposed portions of all water system pipelines shall be painted, banded or marked at sufficient intervals to distinguish clearly which pipeline contains potable water and which pipeline does not contain potable water. All outlets from potentially contaminated systems shall be posted as being nonpotable.

Frequency of inspection and testing. Backflow prevention assemblies shall be inspected and tested as least once a year, or more often in those instances where consecutive tests indicate repeated failure. Where repeated failures occur, quarterly tests may be mandatory. Physical separations shall also be inspected at least once a year. Backflow prevention assemblies or physical separations at the service connection to any premises shall be inspected and tested by a certified tester. In accordance with this section, a testing fee shall be assessed to the consumer for each backflow prevention assembly tested by a certified tester. Backflow prevention assemblies shall be repaired, overhauled, or replaced by the consumer, at the consumer's own expense, whenever they are found to be defective to the specifications of the Water Department. All records and inspections, tests, repairs, overhauls, and replacements shall be maintained by the Water Department.

Right of entry.

Specific requirements for right of entry. Where required to implement the objectives of this section, the Water Department shall, upon presentation of official credentials, have:

A right of entry to, upon or through any consumer's premises known or suspected to have cross-connections whether controlled or uncontrolled; and

Access, at reasonable times, to inspect any cross-connection(s), to test any backflow prevention assembly(ies) or to determine whether any person is in violation of this section.

Legal procedures for denial of right of entry. In the event of any consumer denies the Water Department the right of entry to or upon the consumer's premises for the purpose of inspection of any cross-connection(s), testing of any backflow prevention assembly(ies) or to perform any other duties prescribed by this section, the Water Department shall obtain a search warrant of use such other legal procedures as shall be advisable and reasonably necessary to discharge his duty to protect the municipal water system.

Emergency termination of water service. In the event an actual or potential cross-connection presents an imminent and substantial endangerment to public health or a threat of contamination to the municipal water system, the Water Department shall immediately notify the City Manager of the nature of the emergency. The Water Department shall attempt to notify the consumer at the premises and shall enlist his or her assistance in the control and elimination of the hazard. The Water Department shall temporarily disconnect water service to the premises where immediate action is necessary to protect the municipal water system. Water service to the premises shall be restored by the Water Department once the hazard has been controlled or eliminated.

Liability clause.

The Water Department acting in good faith and without malice in the enforcement of this section shall not thereby assume personal liability for any damage, or loss of revenue or income, that may accrue to persons or property as a result of any act, or by reason of any omission in the discharge of the duties and responsibilities afforded by this section. Any suit brought against the Water Department because of such act or omission shall be defended by legal counsel provided by the City until final termination of such proceedings.

This section shall not be construed to relieve from or lessen the responsibility of any consumer for any damages to persons or property caused by defects or cross-connections, nor shall the Water Department be held as assuming such liability by reason of the performance of the inspections or testing authorized by this section.

Noncompliance measures.

Thirty days after a consumer is notified of the requirement to have approved backflow prevention assembly(ies) or physical separation(s) installed at the service connection or within the consumer's water system, the Water Department shall reinspect the premises to verify compliance. In instances of noncompliance, the Water Department shall give at least 10 days' notice in writing to said consumer prior to termination of water service and shall disclose the consumer's right to appeal such action.

Adjudicatory hearing. If this hearing fails to bring about compliance, the Water Department shall seek injunctive relief to cease delivery of water to the premises and such other legal action, including the penalties provided within this section, as it may deem appropriate. A written notice of appeal shall be filed with the City Manager who shall then appoint a hearing officer. A hearing shall be promptly called by the hearing officer upon the filing of such appeal.

Judicial review. The exclusive remedy for any party dissatisfied with any final decision of the hearing officer shall be the filing of a cause of action in the District Court within 20 days after written notice of the decision to the concerned party. The petition for review shall be limited to the record of the proceedings of the hearing officer.

Additional remedies.

It shall be unlawful for any person to willfully damage, bypass, impair or render ineffective any backflow prevention assembly or physical separation installed at the service connection to any premises or within a premises. Such an act constitutes a violation of this section.