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IN GENERAL

Tucson Code ch. 27, art. I
in effect

Tucson Code § 27-1 The superintendent of water also known as director of the water department to oversee city water services.

Sec. 27-1. The superintendent of water also known as director of the water department to oversee city water services. (a) The Charter appointive position known as the superintendent of water also known as director of the water department shall have the responsibility for overseeing city water services. (b) Reserved. (1953 Code, ch. 25, § 1; Ord. No. 10099, § 4, 12-13-04; Ord. No. 10348, § 7, 11-28-06) Cross References: Office hours for water department, § 2-1.

Tucson Code § 27-2 Duty of superintendent to inspect, make repairs.

Sec. 27-2. Duty of superintendent to inspect, make repairs. The superintendent of the water department shall make frequent trips of inspection over all pipelines and all other property used in or connected with the water department, and shall make all repairs deemed necessary consistent with his duties. (1953 Code, ch. 25, § 2)

Tucson Code § 27-3 Superintendent to report violations; prosecution by city manager.

Sec. 27-3. Superintendent to report violations; prosecution by city manager. The superintendent of the water department shall report all violations of this chapter to the city manager, and the city manager shall forthwith proceed to prosecute offenders as set forth in this Code. (1953 Code, ch. 25, § 3)

Tucson Code § 27-4 Superintendent to control water supply; notice of shutting off pipelines.

Sec. 27-4. Superintendent to control water supply; notice of shutting off pipelines. The superintendent of the water department shall attend to and control the water supply and at all times see to the sufficiency thereof. He shall notify the community, unless emergency requires otherwise, of the necessity of shutting off any pipeline for the purpose of making repairs, extensions and connections, should he have cause to expect or know beforehand the necessity to so shut off the water from any line of the system. (1953 Code, ch. 25, § 4)

Tucson Code § 27-5 Superintendent subject to city manager and mayor and council.

Sec. 27-5. Superintendent subject to city manager and mayor and council. In the performance of his duties as required by this article, the superintendent of the water department shall be subject at all times to the action of the city manager and such regulations, directions and restrictions as the mayor and council may from time to time prescribe. (1953 Code, ch. 25, § 5)

Tucson Code § 27-6 Supervision of charges and collections.

Sec. 27-6. Supervision of charges and collections. The superintendent of the water department shall have general supervision over all charges and collections of water rents, pipe tapping, building costs and over any and all amounts due or collected in the water department. All moneys collected by him shall be turned over to the director of finance daily and receipt taken therefor. (1953 Code, ch. 25, § 6)

Tucson Code § 27-7 Receipts to be deposited in water utility fund.

Sec. 27-7. Receipts to be deposited in water utility fund. All moneys paid to the director of finance under the provisions of this chapter shall be kept by him in a separate fund to be known as the water utility fund, into which the director of finance shall turn all moneys received by him properly belonging to such fund. (1953 Code, ch. 25, § 7)

Tucson Code § 27-8 Taps, connections to be by department; exception.

Sec. 27-8. Taps, connections to be by department; exception. The water superintendent, or other employees of the water department under his supervision, shall make all water taps or service connections; however, in any street paving improvement district such water taps or service connections may be included in the contract for such street paving improvements, and such water taps or service connections may then be made by the contractor under the direction of the water superintendent. (1953 Code, ch. 25, § 10)

Tucson Code § 27-9 Application for service required; payment of charges prerequisite to service; deposits; amount; refund, utility service bond.

Sec. 27-9. Application for service required; payment of charges prerequisite to service; deposits; amount; refund, utility service bond. (a) Water utility service may be requested by phone, mail, or in person. The department, as a condition precedent to approving an application for water service to any premises, shall collect all installation and other charges required by this chapter. Title to all pipes, fittings and other water facilities shall be and remain in the city. The person, corporation, or association in whose name the water utility service is requested, or any other person, other corporation, or other association who is receiving the benefit of the water utility service will be responsible for compliance with the terms of this chapter, and will be responsible for the payments and charges required by this chapter. (b) As a condition of providing water service, the director may require a deposit from an applicant for services as follows: (1) For residential water service, the deposit amount shall be two hundred dollars ($200.00). For water service to other customer classes, the deposit amount shall be two (2) times the estimated monthly bill. (2) The individual in whose name the deposit is made shall be responsible for the payment of all bills incurred in connection with the service furnished. (3) The director may require a separate deposit for each meter installed. (4) The deposit, with interest, will be refunded or forfeited as follows: (i) Residential deposits shall be refundable after one (1) year of continuous service, providing the account is not delinquent and has been kept in good standing. If the account is open for less than one (1) year, the residential deposit shall be refunded after the final bill is satisfied. (ii) Deposits on commercial, multi-family or industrial applicants may be held until the account is closed. (iii) If water service to an account is discontinued for nonpayment of bills, the deposit with interest will be applied by the city toward settlement of the account. Upon reactivation of the account, another deposit may be charged. (iv) The accrued interest on the deposit amount, to be refunded the applicant or applied toward settlement of an unpaid account, will be computed using the average market rate earned by the City of Tucson's Investment Pool during the past twelve (12) months. (c) The director may, at his option, require a utility service bond in lieu of a cash deposit for large commercial, multi-family, and industrial applicants for service. Such utility service bonds shall be on a form approved by the city attorney, and the director shall have the power to execute such bond on behalf of the city. The provisions of subsections (a) and (b) of this section shall apply to utility service bonds. (d) The director may require a deposit from existing customers who become delinquent and do not keep their account in good standing or have had their service discontinued for nonpayment of bills. Deposit will be calculated per subsection (b). (1953 Code, ch. 25, § 11; Ord. No. 4489, § 1, 5-24-76; Ord. No. 4626, § 2, 3-3-77; Ord. No. 4763, § 1, 2-27-78; Ord. No. 9977, § 1, 5-24-04; Ord. No. 10897, § 1, 5-24-11, eff. 7-5-11; Ord. No. 11269, § 1, 5-19-15, eff. 7-6-15)

Tucson Code § 27-10 "Premises" defined, separate connections required; appeal.

Sec. 27-10. "Premises" defined, separate connections required; appeal. The word "premises" is hereby defined to be each separate residence, house, store or building so situated upon any lot or lots within or without the city that the same might be, or, in the opinion of the superintendent of the water department, could be sold separately from any other residence, house, store or building upon the same lot or lots, irrespective of the number of residences, houses, stores or buildings upon the lot or lots, and even though two (2) or more of the residences, houses, stores or buildings are held or owned by the same person. The determination of the superintendent of the water department as to whether any house, residence, store or building comes within the meaning of this section so as to require a separate water service connection shall be final; however, the owner of the premises shall have the right to appeal such decision to the mayor and council at their next meeting. In the event of any such appeal being taken, the determination of the mayor and council shall be final. (1953 Code, ch. 25, § 11a)

Tucson Code § 27-11 Installations, repairs by individual prohibited.

Sec. 27-11. Installations, repairs by individual prohibited. All water services shall be installed by the water department as provided in this chapter. It shall be unlawful for any person to install any such service or any part of such service, or to repair any service now existing or any part thereof, from the water main to and including the meter, or disturb any street or alley in any manner for the purpose of locating trouble or any other reason whatsoever. (1953 Code, ch. 25, § 12)

Tucson Code § 27-12 City not liable for damages; stopcock required.

Sec. 27-12. City not liable for damages; stopcock required. The city shall not be held liable for any damage that may result from the shutting off or turning on of any supply pipe or main for any purpose whatever, even should no notice have been given, nor for damages caused by any break or leak on any water pipe inside of the curb, etc. All supply pipes to buildings should be properly supplied with a suitable stopcock inside the property line, to ensure against the danger of frost or bursts which may cause any damage. Such cock should be kept in good order and under control of the consumer. The stopcock and box on the curb shall be in charge of the water department only. (1953 Code, ch. 25, § 13)

Tucson Code § 27-13 Turning on water without authority.

Sec. 27-13. Turning on water without authority. If any person shall, by false key or otherwise, cause such premises to be supplied with water without the authorization of the director of the water department, such person, and his aiders and abettors, shall be guilty of a civil infraction and subject to the penalties as outlined in section 27-16.1 of the Tucson Code. (1953 Code, ch. 25, § 15; Ord. No. 7547, § 1, 1-7-91; Ord. No. 9015, § 1, 2-9-98)

Tucson Code § 27-14 Authority to withhold water for violations.

Sec. 27-14. Authority to withhold water for violations. The supply of water may be withheld from all premises when the provisions of this chapter or the rules and regulations adopted by the mayor and council have in any manner been violated, and the supply not again turned on except upon a rectification of the cause of withholding the same and satisfactory assurance given that no further cause of complaint shall arise. (1953 Code, ch. 25, § 17)

Tucson Code § 27-15 Waste or unreasonable use of water; violation declared a civil infraction.

Sec. 27-15. Waste or unreasonable use of water; violation declared a civil infraction. It is declared that, because safe, high quality potable water and reclaimed water are a precious resource, the general welfare requires that the water resources available to the city be put to maximum beneficial use, and that the waste or unreasonable use, or unreasonable method of use, of water be prevented. For the purposes of this section, the person, corporation, or association in whose name the water utility of the city is or was last billed or who is receiving the benefit of the water supply on the premises, as defined under section 27-10, is presumed to have knowingly made, caused, used, or permitted the use of water received from the city for in a manner contrary to any provision of this section, if the water has been used in a manner contrary to any provision of this section. (a) The following uses are a waste or unreasonable use or method of use of water and are prohibited: (1) Allowing water to escape from any premises onto public property, such as alleys or streets, or upon any other person's property. (2) Allowing water to pond in any street or parking lot to a depth greater than one-quarter ( 1/4) inch or to permit water to pond over a cumulative surface area greater than one hundred fifty (150) square feet on any street or parking lot. (3) Washing driveways, sidewalks, parking areas, or other impervious surface areas with an open hose, or with a spray nozzle attached to an open hose, or under regular or system pressure, except when required to eliminate conditions that threaten the public health, safety, or welfare. This restriction does not apply to residential customers. (4) Operating a misting system in unoccupied non-residential areas. (5) Operating a permanently installed irrigation system with a broken head or emitter, or with a head that is spraying more than ten (10) percent of the spray on a street, parking lot, or sidewalk; this prohibition does not apply unless the head or emitter was designed to deliver more than one (1) gallon of water per hour during normal use. (6) Failing to repair a controllable leak, including a broken sprinkler head, a leaking valve, or a leaking faucet. (7) Failure to meet the fifty (50) percent rainwater harvesting requirement for landscape irrigation set forth in Chapter 6, Article VIII of the Tucson Code. (b) Any person who violates any portion of this section is guilty of a civil infraction, and shall be fined upon the first offense, a minimum of two hundred fifty dollars ($250.00); and upon the second offense within a period of three (3) years and upon each subsequent conviction within such period, a minimum of five hundred dollars ($500.00). The imposition of civil liability shall not preclude the city from taking any other enforcement actions permitted under section 27-14 or section 27-97 of this chapter. (1953 Code, ch. 25, § 16; Ord. No. 6096, § 1, 10-1-84; Ord. No. 7547, § 2, 1-7-91; Ord. No. 9407, § 1, 6-19-00; Ord. No. 10597, § 2, 10-14-08)

Tucson Code § 27-16 Interfering with, tampering with water facilities; removing water; violation declared a civil infraction.

Sec. 27-16. Interfering with, tampering with water facilities; removing water; violation declared a civil infraction. No person shall install any connection to any fire hydrant or shall open or close any fire hydrant or stop-cock connected with the water department of the city, or lift or remove the covers of any gate valves or shut-offs, or tap into city water mains which may result in the delivery of water, without a permit from the director of the water department, or in violation of conditions of a permit, except in case of fire, and then under the direction of officers of the fire department. Any person identified through a water department field investigation as having water turned on without authority and/or found to have tampered with the water meter or removed water without authority will be charged in accordance with the following table: Tampering Fee | FY 2026 | FY 2027 | FY 2028 | FY 2029 | FY 2030 $101.48 | $120 | $130 | $140 | $160 Further, it shall be a civil infraction for any person, firm or corporation to violate the provisions of this section. (1953 Code, ch. 25, § 8; Ord. No. 5023, § 1, 8-6-79; Ord. No. 6096, § 2, 10-1-84; Ord. No. 9015, § 2, 2-9-98; Ord. No. 10897, § 1, 5-24-11, eff. 7-5-11; Ord. No. 11072, § 1, 5-21-13, eff. 7-1-13; Ord. No. 12255, § 1, 5-19-26)

Tucson Code § 27-16.1 Turning on water without authority; interfering with, tampering with water facilities; removing water; minimum penalty; subsequent conviction.

Sec. 27-16.1. Turning on water without authority; interfering with, tampering with water facilities; removing water; minimum penalty; subsequent conviction. A person convicted for the first time of the offense prohibited by section 27-13 or 27-16 shall be punished by a fine of not less than two hundred fifty dollars ($250.00). A person convicted of a second offense prohibited by section 27-13 or 27-16 shall be punished by a fine of not less than five hundred dollars ($500.00). A person convicted of a third or subsequent offense prohibited by section 27-13 or 27-16 shall be punished by a fine of not less than one thousand dollars ($1,000.00). No hearing officer may suspend the imposition of the fine prescribed herein upon a person convicted of the offense prohibited by section 27-13 or 27-16. (Ord. No. 5023, § 2, 8-6-79; Ord. No. 6096, § 3, 10-1-84; Ord. No. 7547, § 3, 1-7-91; Ord. No. 10897, § 1, 5-24-11, eff. 7-5-11)

Tucson Code § 27-16.2 Permit for construction water.

Sec. 27-16.2. Permit for construction water. Sec. 27-16.2(1). Procedure for obtaining a permit. Applicants for a permit required by section 27-16 shall apply in person at the new services area. The completed form request shall be processed by the utility and shall be approved if the applicant has furnished all requested information and has met all the applicable requirements of this article and of the rules and regulations of the utility. Once a permit has been approved, the water utility shall establish an account in the applicant's name. Construction water may not be used to replace water that would otherwise be available from a metered private plumbing or irrigation system, and may not be used to fill swimming pools or landscape features. Construction water may not be resold to any third party. Sec. 27-16.2(2). Permit conditions for construction water. (a) The permit may require that the permittee obtain water only at (a) specified location(s) and at such times as are deemed by the superintendent to be in the best interests of the water utility. (b) All water provided from fire hydrants, blowoffs and drain valve assemblies for construction purposes must be metered. If the stock of available fire hydrant meters is depleted, a waiting list will be created and utilized as hydrant meters become available. (c) If the applicant for a fire hydrant permit requests a meter be placed on the hydrant, the water utility shall install the meter on the hydrant after the applicant remits a deposit in accordance with the following table: Deposit: Construction Water Meter | FY 2026 | FY 2027 | FY 2028 | FY 2029 | FY 2030 $1,762 | $1,870 | $1,970 | $2,070 | $2,180 The deposition shall be used, in whole or in part, to reimburse the utility for damage to the meter or related appurtenance, such as a backflow prevention device. Any unused portion of the deposit shall be refunded to the applicant upon return of the meter and any related appurtenance to the utility. In addition, the applicant shall pay a non-refundable fee to cover the costs of installing the meter on the fire hydrant. The applicant shall pay this fee for the initial installation of a meter on a fire hydrant and also each time the meter is moved in accordance with the following table: Meter Installation on Fire Hydrant (Construction Water) | FY 2026 | FY 2027 | FY 2028 | FY 2029 | FY 2030 $96.69 | $120 | $140 | $160 | $175 (d) Permits will not be issued for privately owned fire hydrant construction water meters. Current privately owned fire hydrant construction meters with active accounts will be grandfathered for ongoing use subject to the following conditions: 1) said meters must continue to be tested annually for accuracy; 2) said meters must utilize a backflow device which is in conformance with Tucson Water Standards; 3) said meters must be read by the applicant and readings emailed to the billing office by the 20th of each calendar month; and 4) when a grandfathered fire hydrant meter fails its annual accuracy test, a new permit will not be issued and the active account will be terminated. The customer will not be permitted to replace the failed meter with a new meter (e) Privately owned meters used for construction water are required to be tested annually for accuracy by Tucson Water. The customer shall pay a fee in accordance with the following table: Meter Test: Annual Private Meter Test | FY 2026 | FY 2027 | FY 2028 | FY 2029 | FY 2030 $65.21 | $80 | $90 | $100 | $125 (f) Permits shall expire twelve (12) months (one (1) year) after issuance and may be renewed provided all requirements of this article and of the rules and regulations of the water department have been met. Applicant may cancel permit before the expiration date if the hydrant meter is no longer required. (g) Permits must be readily available at the water source when in use, or on file at the corporation business address. (h) The rules and regulations of the department are a condition of the permit. (i) Ultimately, all privately owned fire hydrant meters will be completely phased out. (j) Construction water shall only be used in areas that comply with the City of Tucson Water Service Area Policy. Sec. 27-16.2(3). Revocation of permit. (a) The superintendent may revoke a permit issued under this article upon a finding that the permittee has violated any provisions of this article, the rules and regulations of the department or conditions of the permit. (b) No revocation of permit shall be ordered until a hearing on the question has been held by the superintendent or his designate. At this hearing the permittee may appeal personally or through counsel, cross-examine witnesses and present evidence in his own behalf. Notice of the hearing shall be given to the permittee at least five (5) days prior to the date of hearing. (c) Notice may be served by depositing in the mail a true copy of the notice enclosed in a sealed envelope with postage prepaid and addressed to the permittee at his last-known address. The notice shall include: 1. A statement of the time, place and nature of the hearing; 2. A short and plain statement of the grounds for revocation or denial. Notice shall be deemed to have been given at the time of deposit, postage prepaid, in a facility regularly serviced by the United States Postal Service. (d) The determination of the hearing officer shall be final. Sec. 27-16.2(4). Denial of permit or renewal of permit. (a) An applicant for a permit or for the renewal of a permit whose application is denied shall be notified in writing of the reasons for the denial. The notice shall further state that the applicant has ten (10) days to contact the water utility to challenge the grounds for denial. (b) Within ten (10) days of a written application by the applicant the superintendent or his designate shall hold a hearing on the question. The applicant shall be given notice pursuant to minor section 27-16.2(3). (c) The determination of the hearing officer shall be final. (Ord. No. 5023, § 3, 8-6-79; Ord. No. 5756, § 1, 5-2-83; Ord. No. 6208, § 1, 4-1-85; Ord. No. 9043, § 1, 4-13-98; Ord. No. 9238, § 1, 6-14-99; Ord. No. 9388, § 1, 5-22-00; Ord. No. 9977, § 2, 5-24-04; Ord. No. 10359, § 1, 12-12-06, eff. 1-16-07; Ord. No. 10510, § 1, 3-18-08, eff. 7-1-08; Ord. No. 10897, § 1, 5-24-11, eff. 7-5-11; Ord. No. 11072, § 1, 5-21-13, eff. 7-1-13; Ord. No. 12255, § 1, 5-19-26)

Tucson Code § 27-17 Damaging, defacing water facilities.

Sec. 27-17. Damaging, defacing water facilities. If any person shall destroy, deface, impair, injure or wantonly force open any gate or door, or in any way whatever destroy, injure or deface any part of any enginehouse, reservoir, standpipe, building or appurtenances, fences, trees, crops or fixtures or property appertaining to the water department of the city, such person shall be guilty of a misdemeanor. (1953 Code, ch. 25, § 9)

Tucson Code § 27-18 Use of device to bypass metering of water prohibited; civil infraction; minimum penalty; persons liable.

Sec. 27-18. Use of device to bypass metering of water prohibited; civil infraction; minimum penalty; persons liable. (a) No person shall utilize any device or method of connection to the municipal water system, including without limitation, any spacer or straight line pipe connection, which may result in delivery of any water to any person or property without passage of the water through a municipal water meter. (b) It shall be a civil infraction for any person to violate this section. Any person, firm or corporation found liable for a violation of this section shall be assessed a fine of not less than two hundred fifty dollars ($250.00). Any person, firm or corporation found liable for a second violation of this section shall be assessed a fine of not less than five hundred dollars ($500.00). Any person, firm or corporation found liable for a third or subsequent violation of this section shall be assessed a fine of not less than one thousand dollars ($1,000.00). No hearing officer may suspend the imposition of any fine prescribed herein. (c) Whenever a device or method of connection is in violation of this section, the owner or owners of the private property upon which any part of the violation occurs and the person who installed the device or method shall be jointly and severally liable for the violation and for the civil fine prescribed as punishment therefor. (Ord. No. 7283, § 1, 9-18-89; Ord. No. 9015, § 3, 2-9-98; Ord. No. 10897, § 1, 5-24-11, eff. 7-5-11) Editors Note: Ord. No. 4656, § 1, adopted May 23, 1977, specifically amended the Code by repealing § 27-18. The former section pertained to outdoor water usage limitation, and had been derived from Ord. No. 4490, § 1, adopted May 24, 1976. Subsequently, § 1 of Ord. No. 7283, adopted Sept. 18, 1989, added a new § 27-18.

Tucson Code § 27-19 Installation of ultra-low-flush water closets in low income owner-occupied housing.

Sec. 27-19. Installation of ultra-low-flush water closets in low income owner-occupied housing. The director shall establish and administer a program to provide for the purchase and installation of ultra-low-flush water closets in pre-qualified low-income, owner-occupied customer dwellings and for the purchase of ultra-low-flush water closets in city-owned low income housing units. The director shall develop an application form to be utilized by low- income customers who meet standard poverty-level income threshold guidelines as a function of family size to apply for the assistance pursuant to this program. (Ord. No. 8598, § 1, 11-13-95) Editors Note: Ordinance No. 8458, § 1, adopted March 6, 1995, repealed section 27-19. Formerly such section pertained to incentives for the installation of ultra-low-flow water closets and derived from Ord. No. 7314, § 1, 11-20-89 and Ord. No. 7366, § 1, 3-12-90.

Tucson Code § 27-20 Large quantity water users.

Sec. 27-20. Large quantity water users. (a) A large quantity water user may not connect to the city public water system or use city water except as provided by this section. (b) Application to become a large quantity 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 ten thousand (10,000) centum cubic feet ("ccf" with each “ccf” being seven hundred forty-eight (748) gallons) per month average annual use. b. An applicant is an existing customer and requests water-meter upsizing that will allow for water use that equals or exceeds ten thousand (10,000) ccf per month average annual use at a premises or location. c. An applicant is an existing customer whose water use equals or exceeds ten thousand (10,000) ccf per month average annual use 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 quantity 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, monthly, and daily 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 reclaimed water by the large quantity water user. The techniques and technologies identified in the plan need to have direct benefit to the hydrologic system within the Tucson Basin. (5) If the location is within one mile of the Tucson Water Reclaimed Water Distribution System, the water conservation plan shall include information about the cost of a connection to the reclaimed water distribution system and about the suitability of reclaimed water for use at the facility. (6) The water service application and water conservation plan are public records, subject to disclosure under the Arizona Public Records Law, A.R.S. Section 39-121, et seq. (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 sixty (60) days of receiving the request. (2) The director will schedule the water service application and water conservation plan for consideration by the City of Tucson Mayor and Council as a numbered item on a mayor and council regular session within two months after reviewing the following elements of the water service application and water conservation plan and determining that these elements have been completely and correctly addressed by the applicant: a. That the sustainable water service application and water conservation plan demonstrate that the large quantity 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. That the proposed water use is consistent with the city's available water resources. c. That the applicant's water use would be of sufficient economic benefit to warrant the large quantity use of water. In reviewing this element, the Director must determine whether the applicant's water use would be consistent with the strategies outlined in the City's Climate Action Plan ("Tucson Resilient Together") and the One Water 2100 Plan. d. That the applicant has agreed to use reclaimed water to offset at least thirty percent (30%) of its water use or such other percentage as the director determines is the maximum use of reclaimed water that is warranted for the applicant's facility, given the facility's proximity to the reclaimed water system. e. That the proposed water use will support a key industry consistent with the city's economic development and education strategic plan. f. That the impact of the water use is consistent with the city's designation of assured water supply under A.R.S. Section 45-476. g. That the applicant has proposed extraordinary conservation techniques and technologies in the water conservation plan. h. 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 A.R.S. Section 45-476, and the regulations adopted by the Arizona Department of Water Resources (DWR) to implement that section. i. The applicant's technical, financial, and managerial competence to implement the elements of an application and conservation plan. j. Any other information the director deems relevant. (d) Mayor and Council Approval of Water Service Application and Water Conservation Plans. (1) The mayor and council shall consider whether a water service application and water conservation plan meet the criteria established above in subsection 27-20(c)(2). The mayor and council may approve, deny, or return a water service application and water conservation plan for submission of additional information to the director. A mayor and council-approved water service application and water conservation plan will be signed and executed by the applicant and the city and will be a binding water service contract. (e) A large quantity water user who becomes a customer of the city is subject to all terms and conditions of service as specified by this section. As a term and condition of continued water service for a large quantity water user, both of the following must occur: (1) A large quantity water user must submit an updated water conservation plan to the director every five (5) years. (2) The director determines, after consultation with the City's Chief Relience Officer, that the updated water conservation plan demonstrates that the large quantity water user will use water as efficiently as is practicable and ensure that water is not wasted. (f) Terms and conditions of service for large quantity 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 quantity water user: a. The large quantity water user may not in any year use water in excess of one hundred twenty percent (120%) of the amount set out in the applicant's water service application and water conservation plan, as approved and adopted by the mayor and council. b. The large quantity water user must implement, operate, and maintain all use of reclaimed water, techniques, and technologies consistent with the large quantity 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 quantity water user who violates this subsection. The director will provide notice of any discontinuation of water service, which may be reviewed under Section 27-50 of the Tucson City Code. If water service is suspended under this subsection, the water service will not be restored until the large quantity water user has come into compliance with the requirements of this subsection. (Ord. No. 12188, § 3, 8-19-25)

Tucson Code § 27-21 Additional remedies.

Sec. 27-21. Additional remedies. (a) A large quantity water user who violates any provision of Section 27-20, in addition to any other sanction authorized by this chapter, is subject to a civil sanction of not more than the following amounts: (1) Two hundred percent (200%) of the monthly charges for water used, or estimated to have been used, in violation of Section 27-20, if the violation is the large quantity water user's first violation and the violation continued for less than one year. (2) Five hundred percent (500%) of the monthly charges for water used, or estimated to have been used, in violation of Section 27-20, if the violation is the large quantity water user's second violation or if the violation continued for more than one year but less than two years. (3) One thousand percent (1,000%) of the monthly charges for water used, or estimated to have been used, in violation of Section 27-20, if the violation is the large quantity water user's third violation or if the violation continued for more than two (2) years but less than three (3) years. (4) Two thousand percent (2,000%) of the monthly charges for water used, or estimated to have been used, in violation of Section 27-20, if the violation is the large quantity water user's fourth or more violation or if the violation continued for more than three years. (5) After any violation of Section 27-20 above that is a user's second or greater violation, Tucson Water may install, at the user's expense, a water restricting device to restrict flow rates to those parameters established in the approved water user agreement and water conservation plan. The applicant will pay for Tucson Water's cost to install the device, whether by Tucson Water staff or through a City of Tucson Job On-Call ("JOC") Contractor. (b) If, as a result of a large quantity water user's violation of Section 27-20 or state law, the city is assessed a civil penalty or is ordered to take remedial action by DWR, the large quantity water user must pay to the city the amount of the civil penalty, along with all costs and expenses incurred by the city due to the large water user's violation. (Ord. No. 12188, § 3, 8-19-25)
Source: City of Tucson, Tucson Code (Charter and General Ordinances) and Unified Development Code (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/tucson/latest/tucson_az/0-0-0-20078Fetched: 10/28/2026

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