On June 17, 2023, the Cave Creek Town Council unanimously approved the first reading of Ordinance Number 02023-06 modifying various sections of Title V “Public Works.” This is a necessary and laudatory action on the part of the Council. However, Section 52.501 Drought Management, which includes various actions and penalties governing those situations when the town is obligated by State or federal mandate to reduce systems-wide water consumption is developed in a manner which will inevitably lead to inequities in application of water use constraints.
As presently written, Section 52.501 (A) (5) and (6) “Involuntary Remedial Measures” specifically target water usage, which could be considered unnecessary because they only increase a homeowner’s enjoyment of life. These enjoyments of life also reflect on property value. There are, of course, other similar such happiness boosters which are not targeted by the Ordinance. Passage and implementation of this Ordinance would certainly lead to an inequitable application of the law.
A much more equitable way to control water use is to simply, when required, direct homeowners and business owners that there is a cap to water use and, if that cap is exceeded, the Town will implement a serious of punitive actions until the home or business owner takes acceptable remedial action. For example, a pool owner could use a pool cover to reduce water loss as much as 95%. Giving home and business owners the opportunity to take corrective action is a much better situation than the Town mandating closure and filling in of pools without the opportunity for taking corrective action. Additionally, utilizing this methodology, the Town knows just how much water is being used and can adjust water use action points, as needed.
Other benefits to my proposed methodology is that enforcement does not require new compliance staff of the sad situation of neighbor telling on neighbor. The biggest advantage is that it is workable and does not lead to unequal application of the law.
Thank you for the opportunity to provide my input.
David Smith
Former Cave Creek Vice Mayor
