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<br />. <br /> <br />. <br /> <br />e <br /> <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 <br />