Sec. 37-111. Limitations of water use for bodies of water.
A. Except as provided in subsection B of this section, a person may not use water from any source to fill or refill all or a portion of a body of water, unless the body of water meets one of the conditions listed in Section 45-132(B), Arizona Revised Statutes.
B. If the body of water is larger than one percent of the net lot area but less than 12,320 square feet and is located in an area for which the cost of providing a non-potable water supply would be prohibitively high to either the City or the facility owner, as determined by the Director, a person may use water to fill or refill that body of water. For purposes of this section, prohibitively high means the per acre-foot 20-year amortized capital and operation and maintenance cost of providing non-potable water service to the development would exceed the estimated cost of the most expensive future water resource alternative identified in the City’s long-range water resources plan. This determination will be based in part on the distance and cost of extending existing and planned reclaimed water mains and other non-potable water delivery systems to the body of water site.
C. A person who constructs any body of water after September 30, 1994, must comply with both of the following:
1. When full, the body of water must contain a minimum of five acre-feet of water per acre of surface area.
2. The body of water must be lined or sealed with an approved material to minimize water loss from seepage and must meet all applicable requirements of law.
D. A person may not use non-potable water to fill or refill a body of water if it would result in significant adverse impacts to groundwater quality in the area around the body of water.
E. The developer of a body of water must design and construct the water system to the body of water to allow for future conversion to non-potable water supplies, if the initial supply is not non-potable water, unless the Director determines that the body of water is in an area in which the cost of providing a non-potable water supply within the projected life of the body of water would be prohibitively high to the developer or the City.
F. The City may limit water deliveries to a body of water pursuant to a drought management response procedure, as prescribed in Article X of this chapter. (Ord. No. G-6741, § 2 (Exh. A), 2020)