Sec. 37-52.04. Large water users.
A. A large water user may not connect to the City public water system or use City water except as provided by this division.
B. Application to become a large water user.
1. An applicant must submit to the Director a sustainable water service application, which must include a water conservation plan, if any of the following apply:
a. An applicant will be a new customer, and the applicant’s projection of the applicant’s water use, as reviewed by the Director, equals or exceeds 250,000 gallons per day.
b. An applicant is an existing customer and requests water-meter upsizing that will allow for water use that equals or exceeds 250,000 gallons per day.
c. An applicant is an existing customer whose water use equals or exceeds 250,000 gallons per day and requests water-meter upsizing.
2. For undeveloped property, a sustainable water service application must be submitted at the time the applicant submits for any development entitlements. An applicant who will become or is a large water user on previously developed property must submit a sustainable water service application at the time the applicant requests water-meter upsizing.
3. The sustainable water service application must identify the phasing of construction or development, the approximate number and size of the structures to be served, a reasonable description of the nature and type of water use proposed on the property, and a reasonable estimate of the projected annual and monthly water demand.
4. The water conservation plan must include techniques and technologies that will reduce the consumption of water, reduce the loss or waste of water, improve the efficiency in the use of water, or establish use of recycled water by the large water user.
C. City review of sustainable water service applications and water conservation plans.
1. The Director will review properly completed sustainable water service applications and water conservation plans. The Director may require additional information to be submitted as the Director deems necessary, and the applicant must submit any additional information requested within 60 days of receiving the request.
2. The Director will allow the applicant to connect to the City public water system and use City water as a customer of the City public water system if all of the following apply:
a. The Director determines, in the Director’s sole and absolute discretion, that the sustainable water service application and water conservation plan demonstrate that the large water user will undertake to use water as efficiently as is practicable and to ensure that water is not wasted. In determining whether water will be used as efficiently as is practicable, the Director will consider if the applicant’s facility is existing and the practicability of retrofitting the existing facility with water conserving technologies and practices.
b. The Director, in the Director’s sole and absolute discretion, determines that the proposed water use is consistent with the water master plan.
c. The applicant’s projected use of water is less than 500,000 gallons per day.
3. If an applicant is projected to use 500,000 gallons per day of water or more, the Director may grant the applicant’s request to connect to the City public water system, unless the Director, in the Director’s sole and absolute discretion, finds that any of the following apply:
a. The applicant’s sustainable water service application and water conservation plan fail to demonstrate that the large water user will undertake to use water as efficiently as is practicable and to ensure that water is not wasted. In determining whether water will be used as efficiently as is practicable, the Director will consider if the applicant’s facility is existing and the practicability of retrofitting the existing facility with water conserving technologies and practices.
b. The applicant’s water use would be incompatible with the City’s available water resources.
c. The applicant’s water use would be inconsistent with the water master plan.
d. The applicant’s water use would be of an insufficient economic benefit to warrant the large use of water.
e. The applicant has not agreed to use of recycled water to offset at least 30 percent of its water use or such other percentage as the Director determines is the maximum use of recycled water that is warranted for the applicant’s facility.
4. In making the determination whether to allow an applicant that is projected to use 500,000 gallons per day of water or more to connect and be served by the City public water system, the Director shall consider all of the following:
a. The availability of water to which the City has legal rights and the physical ability to use that is not needed to serve existing customers and anticipated demand as set out in the water master plan.
b. Whether the proposed water use is consistent with the water master plan.
c. Economic impact studies submitted by the applicant that provide evidence of the projected impact resulting from the proposed water use to the City’s economy and the economic value of the water to be used expressed in dollars/gallons of water.
d. Whether the proposed water use will support a key industry consistent with the City’s economic development and education strategic plan.
e. The impact of the water use to the City’s designation of assured water supply under Section 45-576, Arizona Revised Statutes.
f. Any extraordinary conservation techniques and technologies proposed by the applicant in the water conservation plan.
g. Whether the applicant will convey or assign to the City all legal rights to a physical water supply that will fully offset the applicant’s projected water use, which water supply, when assigned to the City, will meet all requirements of Section 45-576, Arizona Revised Statutes, and the regulations adopted by DWR to implement that section.
h. Any other information the Director deems relevant.
5. A large water user who becomes a customer of the City is subject to all terms and conditions of service as specified by this chapter.
D. As a term and condition of continued water service for a large water user, both of the following must occur:
1. A large water user must submit an updated water conservation plan to the Director every five years.
2. The Director determines, in the Director’s sole and absolute discretion, that the updated water conservation plan demonstrates that the large water user will use water as efficiently as is practicable and ensure that water is not wasted.
E. Terms and conditions of service for large water users.
1. In addition to the other terms and conditions of water service as specified by this chapter, the following are terms and conditions of service of a large water user:
a. The large water user may not in any year use water in excess of 120 percent of the amount set out in the applicant’s sustainable water service application, as that application has been approved by the Director.
b. The large water user must implement, operate, and maintain all use of recycled water, techniques, and technologies consistent with the large water user’s most recently approved water conservation plan.
2. In addition to any other sanction available under this chapter, the Director may suspend water service to a large water user who violates this subsection. The Director will provide notice of any discontinuation of water service as provided by Section 37-88(B). If water service is suspended under this subsection, the water service will not be restored until the large water user has come into compliance with the requirements of this subsection. (Ord. No. G-7237, § 2, 2024)