LAKE AND TURF RESTRICTIONS
Mesa City Code § 8-10-7
in effect8-10-7: - LAKE AND TURF RESTRICTIONS
(A) It shall be unlawful for any Person or entity to fill a Body of Water or to apply water for landscaping watering purposes on a Turf-related Facility without first obtaining a Lake Permit from the City, the Arizona Department of Water Resources as required by A.R.S. § 45-132, and this Section.
1. Any Person or entity desiring to fill a Body of Water and any Person or entity desiring to apply water for landscape watering purposes on a Turf-related Facility within the water service area of the City as defined in A.R.S. § 45-402(31) shall, before filling the Lake or before applying the water, make application to the City through the Department for a Lake Permit.
2. The City Council may schedule a hearing on the application for a Lake Permit for filling of a Body of Water or for applying water for landscape watering purposes on a Turf-related Facility at any regular or special meeting of the City Council. The City Council may issue a Lake Permit for the filling of a Body of Water or for applying water for landscape watering purposes on a Turf-related Facility if it is satisfied that all of the following conditions are met:
a. The Lake or Turf-related Facility is to be filled exclusively with any one (1), or a combination of, the following:
(i) Effluent;
(ii) Storm water runoff that is not subject to appropriation under A.R.S. § 45-141;
(iii) Water withdrawn pursuant to a poor-quality permit issued under A.R.S. § 45-516; and
(iv) Groundwater withdrawn pursuant to a Type 1 or Type 2 Non-Irrigation Certificate of Grandfathered Right issued by the Arizona Department of Water Resources.
b. Measures will be taken to minimize evaporation loss of water from the Lake by minimizing the surface area or from a Turf-related Facility by utilizing low-water-consuming turf and plants.
c. The Lake, when full, shall contain no less than five (5) acre feet of water per acre of surface area with an average depth of five feet (5').
d. The development or facility in which the Lake or the Turf-related Facility is located will implement an effective indoor and outdoor water conservation program.
e. The development or facility with which the Lake or the Turf-related Facility is associated will generate an economic impact for the City sufficient to justify the water used.
3. The City shall monitor the use of water by appropriate metering, pursuant to any Lake Permit issued under this Section, and the Department shall terminate the Lake Permit upon making a finding that any of the conditions for issuance no longer apply.
(B) Where an existing Body of Water is filled with water from the City's water supply or an existing Turf-related Facility is supplied with water from the City, the City may, in its sole and absolute discretion, supply effluent.
(C) If the City has reason to believe that a Person is violating or has violated any provision of this Section or a Lake Permit issued hereunder, the City may, in addition to terminating service and referring suspected violations of this Section to the Arizona Department of Water Resources, commence a civil action and apply for a temporary restraining order or preliminary or permanent injunction from the Superior Court according to the Arizona Rules of Civil Procedure. A decision to seek injunctive relief shall not preclude other forms of relief or enforcement against the violator.
(D) This Section shall not apply to a Body of Water filled or a Turf-related Facility in existence (or for which on-site physical construction commenced or for which extensive design was prepared) prior to September 18, 2004, unless the size of such Lake or Facility was subsequently increased. This Section also shall not apply to a Body of Water or Turf-related Facility located in recreational facilities that are open to the public and owned or operated by the United States, the State, the City, or a flood control district or multi-county water conservation district.
(E) All Bodies of Water and Turf-related Facilities shall be subject to any restrictions, reductions, prohibitions, limitations and other measures adopted by resolution of the City Council (or emergency declaration of the Mayor under A.R.S. Title 26, Chapter 2 Article 1 Section 311, or Mesa City Code Title 1 Chapter 14) as part of a stage two, three or four shortage.
(Ord. No. 5863, § 1, 7-8-24)
Source: City of Mesa, Arizona, Mesa City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/az/mesa/codes/code_of_ordinances?nodeId=COOR_TIT8HESAEN_CH10MUWASY_8-10-7LATUREFetched: 11/1/2026