Wasted water restrictions encourage efficiency and conservation. Allowing water to flow off-site wastes the resource, degrades streets, and may create public safety hazards.

Albuquerque's long-term conservation strategy includes reduction in water waste.

The Albuquerque Bernalillo County Water Utility Authority adopted a Long Range Water Conservation Strategy in 2004 establishing a new water conservation goal of 30% within 10 years. This has recently been increased to a 40% reduction by 2010. Elimination of water waste will help us to meet that goal.

Water waste is prohibited for all water customers.

Water waste is prohibited as a condition of receiving service from the water utility. The ordinance requires all customers of the water system to not waste water delivered by the water utility. Water waste within the service area is prohibited even if the water was not provided by the water utility. Elimination of water waste is the only water conservation requirement for all water utility customers.

What is water waste?

Water waste is any water, other than natural precipitation, that flows from a property to the public right-of-way or adjacent private property. Landscape irrigation is the most common cause of water waste, but it can also result from air conditioning systems, leaks, car washing and other uses of water. Water waste results in the loss of a valuable natural resource.

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How is the ordinance enforced?

Here are the steps:

1. Most water waste cases begin with a complaint from the public.
2. Water waste is observed and documented by water waste enforcement staff.
3. A notice-of-violation is sent by certified mail to the water billing address within fifteen days of the water waste observation. The notice informs the customer that a fee for the water waste will be assessed on the next water bill.
4. A customer may contact the water waste enforcement person who signed the notice to ask questions or arrange to view the videotape.
5. A customer who has received a notice-of-violation may contest the fee assessment by filing a written request for a hearing with the Executive Director of the Water Authority.
6. The Executive Director must receive the request within seven days of the notice-of-violation (see "How do I contest the fee assessment?").
7. If the fee assessment is not contested or if the fee assessment is upheld by the Executive Director, the fee is included on the next water bill. Water waste fees must be paid like any other charges on the water bill.

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How much are water waste fees?

Repeat violations result in higher fees.

Note: Previous violation shall not be considered if a period of five years has elapsed since the violation was incurred or the property is acquired by a new owner.

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What are my options if I receive a violation notice?

You have two options:

1. pay the fee, or
2. file for a hearing.

Unless you request a hearing, the water waste fee will be included on your next water bill. To pay the fee, simply pay the amount due on the water bill. If you have questions regarding the water waste violation or you would like to view the video evidence, please call the water waste enforcement staff person who signed the notice-of-violation. If you disagree that you have violated the law, you have a right to a hearing.

How do I contest the fee assessment?

To contest the notice-of-violation and fee assessment, you must file a written request for a hearing with the Executive Director of the Water Authority. You may mail your request to:

ABCWUA
P.O. Box 568
Albuquerque, NM 87103

Or, you may deliver your request to:

ABCWUA
One Civic Plaza NW
Room 5027
Albuquerque, NM 87102

The Executive Director must receive your written request within seven days of the notice-of violation. Your request must identify the water waste case number, the property address where the notice-of-violation stated the water waste occurred, and the reasons why you do not think you were violating the ordinance as stated in the notice-of-violation.

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What happens if I request a hearing?

If you request a hearing, no fee will be assessed until your hearing is held and the Executive Director of the Water Utility or his/her designee issues a decision. The Executive Director of the Water Utility or his/her designee will notify you of the time and place of the hearing. At the hearing, water waste enforcement staff will present their case, including the videotape evidence. You will need to present facts and evidence at the hearing to convince the Executive Director of the Water Utility or his/her designee that a violation of the ordinance did not occur. The Executive Director of the Water Utility or his/her designee will issue a written decision. No fee will be assessed if the written decision is not issued within seven working days after the hearing. If the Executive Director of the Water Utility or his/her designee upholds the water waste violation and fee assessment, a filing fee of $50 will also be assessed. Both the filing fee and the water waste fee will be included on your next water bill.

If you disagree with the Executive Director of the Water Utility and his/her designee's decision, you can appeal it to State District Court by filing a petition for a "writ of certiorari." The District Court will only review the record of the hearing and the information that was presented to the Executive Director of the Water Utility and his/her designee.

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How can I correct and avoid water waste?

• Adjust and measure sprinkler output. Check irrigation run times to provide only the amount of water needed to maintain plants.
• Make sure water is applied only to landscaped areas requiring water. Avoid water that sprays or flows onto the sidewalks, streets or other hard surfaces. Allowing water to flow off-site wastes resources, degrades streets and may create public safety hazards.
• Avoid allowing water to flow or spray onto adjacent private property.
• Divide necessary irrigation into split applications. This will allow the soil to absorb the water before more water is applied.
• Aerate and dethatch turf areas to improve water percolation into the soil.
• Monthly: Review water requirements and reset irrigation times accordingly.
• Weekly: Observe, adjust and repair sprinkler heads as needed.
• When possible, schedule watering to finish when someone is present so water waste and malfunctions are evident.
• Consider modifying and/or replacing existing landscapes along the perimeter of the property. For example, establish an un-irrigated buffer zone of low water use plants and/or decorative mulch to capture and use runoff from lawns.
• From April 1st through October 31st, do not operate spray irrigation (sprinklers) between the hours of 11:00AM and 7:00PM. Using spray irrigations during the restricted time of day may cause over half the water to be lost due to evaporation and wind drift.
• During cold weather be careful to water only when there is no danger of creating ice hazards.
• Use a broom to clean hard surfaces. If water is required, use a bucket and brush, then rinse conservatively or use a high-pressure washer conservatively.
• Wash cars and/or equipment at commercial car wash facilities or use a high-pressure washer conservatively.
• Shutoff nozzles are required on any hoses used for hand watering, car washing or other outdoor uses.
• Fix all leaks promptly. Unrepaired leaks can waste a large amount of water and cause additional costly damage.
• Draining pools and/or other stored water must be disposed of into the sanitary sewer. The water can then be properly treated before being released into the river.

What if I can't eliminate water waste?

The water waste staff may have some practical suggestions for your problem; however, all water waste must eventually be eliminated. If you can show that you have done everything reasonable to manage your use of water to stop water waste and that eliminating the water waste would cause hardship, you may be able to obtain a variance. A variance will allow you to avoid being assessed future, additional water waste fees while you work to correct the problem within a specified period of time. To request a variance application form, call the Water Waste Hotline at 768-3640.

To apply for a Water Waste Variance online click here.

What if I need to water during the Time of Day Watering Restrictions?

If you need to water during the restricted times due to any of the reasons listed below you may apply for a Watering Restriction Exemption or Variance online or call the Water Waste Hotline at 768-3640.

• One day only exemption (Click Here) where treatment with an application of chemical requires immediate watering to preserve the existing landscape or to establish a new landscape.
• One day only exemption (Click Here) to allow for spray irrigation necessary where the irrigation system has been disabled for longer than forty-eight hours and immediate watering is required to preserve the existing landscape.
• 30 day exemption (Click Here) allowing for spray irrigation necessary to establish new sod.
• 45 day exemption (Click Here) to allow for spray irrigation necessary to establish inter-seeded (also known as reseeded) within an existing turf area.
• 120 day variance (Click Here) allowing for spray irrigation to establish newly seeded areas with the intent of establishing a turf area.

How do I report Water Waste?

Call the Water Waste Hotline at 768-3640, send an E-mail This e-mail address is being protected from spam bots, you need JavaScript enabled to view it , or fill out our on-line Water Waste Complaint Form.

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