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<br />37-60-U6. ,Water use efficiency. urban water use efficiency programs - relationship to
<br />state assistance for water facilities - repeal. (1) As used in this section, unless the context
<br />otherwise requires: '
<br />(a) "Covered entity",means each municipality, agency,'utility, including any privately
<br />owned utility, or other publicly owned entity with a legal obligation to supply, distribute, or
<br />otherwise provide water at retail to domestic, commercial, industrial, or public facility cus-
<br />tomers, and which has a total demand for such customers of two thousand acre-feet or more
<br />in calendar years 1989 or thereafter.'
<br />(b) "Public facilitY" means any facility operated by an instrument of government for
<br />the benefit of the public including, but not limited to, a government building, park or other
<br />recreational facility, school, college, university, or other educational institution, l:!ighway,
<br />hospital, or stadium. ' ," , , "
<br />'(2) Within five years after June 4,1991, each covered entity which does not have a"water
<br />use efficiency plan satisfying the provisions of subsections (4) and (5) of this section, shall,
<br />subject to section 37-60-127, develop, adopt, make publicly available, and implement a plan
<br />pursuant to which such covered entity shall encourage 'its domestic, commercial, industrial,
<br />a,nd public facility customers to use water more efficiently. Any covered entity that makes
<br />an initial determination.that it has satisfied subsections (4) and (5) of this section shall,
<br />within five years of the effective date of this section, give public notice of ~uch detennina- ,
<br />tion at an official meeting of the appropriate governing body of the covered entity. '
<br />(31 The manner in which the covered entity develops, adopts, makes publicly available,
<br />and Implements a plan established pursuant to subsection (2) of this section shall be deter-
<br />mined ?y the covered entity. The, plan sh!illbe accompanied by a program for its impl,?-
<br />mentation.
<br />(4),~ In. developing a plan pursuant to, subs~c~ion (2) of this section, el1c.~ coveJ:'\ld entity
<br />shall conSIder at least the following water-saVIng measures:", " ' ., , ,
<br />(a) ,Water-efficient fixtures and appliances, including toilets, urinals, showerheads, and
<br />faucets;, " ' :'. '.' , ,,' , ". " " , '. , "',',' .
<br />(b) Low water use landscapes and effiCient irrigatio'o.;, ,. ",,'
<br />,(c) Water-efficierit indu~trial and commercial water-using processes;
<br />,(d), Water reuse systems~ both potable aI1d nonpotable; ,
<br />(e) Distribution system leak repair; , ,
<br />,(f) Dissemination of information regarding water use efficiency measures, including by
<br />public education, customer \yater use audits, and wat~r-saving demonstrations;' " ,
<br />(g) Water rate structures designed to encourage water use efficiency in a fiscally respon-
<br />sible manner; ,', '.. ,,' ',. ,',',' ,',' ' ".
<br />(h) Regulatofy measures, including standards for the use of water use efficiency fixtures
<br />and landscapes, and ordinances, codes, or other law designed to encourage water use effi-
<br />ciency;
<br />(i) Incentives to implement water use efficiency techniques, including rebates to cus-
<br />tomers or others to encourage the installation of water use efficiency measures.
<br />(5) The plan to be adopted under subsection (2) of this section shall contain a section
<br />stating the covered entity's best judgment of the role of water use efficiency plans in the
<br />covered entity's water supply planning.
<br />(6) Except for the elements of a water use efficiency plan which a covered entity has
<br />already implemented prior to June 4, 1991, the plan required under subsection (2) of this
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