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<br />(4) and (5) Repealed.
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<br />37.60.126. Water use efficiency. urban
<br />water use efficiency programs - relationship
<br />to state assistance for water facilities.
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<br />(1) As used in this section, unless the
<br />context otherwise requires:
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<br />(a) "Covered entity" means each
<br />municipality, agency, utility, including any
<br />privately owned utility, or other publicly owned
<br />entity with a legal obligation to supply,
<br />distribute, or otherwise provide water at retail
<br />to domestic, commercial, industrial, or public
<br />facility customers, and which has a total
<br />demand for such customers of two thousand
<br />acre-feet or more in calendar years 1989 or
<br />thereafter.
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<br />(b) "Public facility" means any facility
<br />operated by an instrument of government for
<br />the benefit of the public including, but not
<br />limited to, a government building, park or other
<br />recreational facility, school, college, university,
<br />or other educational institution, highway,
<br />hospital, or stadium.
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<br />(2) Within five years after June 4, 1991,
<br />each covered entity which does not have a
<br />water use efficiency plan satisfying the
<br />provisions of subsections (4) and (5) of this
<br />section, shall, subject to section 37-60-127,
<br />develop, adopt, make publicly available, and
<br />implement a plan pursuant to which such
<br />covered entity shall encourage its domestic,
<br />commercial, industrial, and public facility
<br />customers to use water more efficiently. Any
<br />covered entity that makes an initial
<br />detennination that it has satisfied subsections
<br />(4) and (5) of this section shall, within five
<br />years of June 4, 1991, give public notice of
<br />such detennination at an official meeting of the
<br />appropriate governing body of the covered
<br />entity.
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<br />(3) The manner in which the covered entity
<br />develops, adopts, makes publicly available, and
<br />implements a plan established pursuant to
<br />subsection (2) of this section shall be
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<br />detennined by the covered entity. The plan
<br />shall be accompanied by a program for its
<br />implementation.
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<br />(4) In developing a plan pursuant to
<br />subsection (2) of this section, each covered
<br />entity shall consider at least the following
<br />water-saving measures:
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<br />(a) Water-efficient fixtures and appliances,
<br />including toilets, urinals, showerheads, and
<br />faucets;
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<br />(b) Low water use landscapes and efficient
<br />irrigation;
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<br />(c) Water-efficient industrial and
<br />commercial water-using processes;
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<br />(d) Water reuse systems, both potable and
<br />nonpotable;
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<br />(e) Distribution system leak repair;
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<br />(f) Dissemination of information regarding
<br />water use efficiency measures, including by
<br />public education, customer water use audits,
<br />and water-saving demonstrations;
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<br />(g) Water rate structures designed to
<br />encourage water use efficiency in a fiscally
<br />responsible manner;
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<br />(h) Regulatory measures, including
<br />standards for the use of water use efficiency
<br />fixtures and landscapes, and ordinances, codes,
<br />or other law designed to encourage water use
<br />efficiency;
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<br />(i) Incentives to implement water use
<br />efficiency techniques, including rebates to
<br />customers or others to encourage the
<br />installation of water use efficiency measures.
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<br />(5) The plan to be adopted under subsection
<br />(2) of this section shall contain a section stating
<br />the covered entity's best judgment of the role of
<br />water use efficiency plans in the covered
<br />entity's water supply planning.
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