County struggles to enforce rules of water conservation

Phaedra Haywood | The New Mexican

11/6/2007 -

Santa Fe County commissioners have passed numerous ordinances aimed at conserving water in the past six years. The problem is, no one really enforces them. County officials are counting on new water resource specialist Laurie Trevizo to change that. But it could be six months before she has time.

Between 2002 and 2006, the county passed resolutions that:

• Ordered restaurants to serve water only on request and post signs about water conservation.

• Required all businesses to install low-flow toilets and shower heads.

• Required builders to install devices that would deliver instant hot water to keep people from endlessly running the faucet waiting for the water to heat up.

County planners also started limiting the amount of water subdivisions could pull from domestic wells and placing well metering requirements on development permits and land transfers.

Penalties — including fines up to $400 — were decided on for violation of the water conservation rules. But systems for monitoring and enforcing the water conservation rules were never put in place. As a result, compliance with county water ordinances has been, in effect, voluntary.

County Water Resource Director Stephen Wust said county staff only investigates violations of the ordinances if someone from the community asks them to. He said he couldn't remember anyone having been fined for a violation. "Penalties exist, but they haven't been enforced," he said.

The lack of enforcement isn't a revelation to anyone at the county.

Several stories about it have run in The New Mexican in the past few years. Each time, county commissioners have said the ordinances should and would be more fully implemented. "It needs to be done," Commissioner Jack Sullivan told The New Mexican in 2005. "It should be happening as we speak."

Sullivan said the county commissioners approved the money for a full-time employee to monitor the conservation ordinances, but the position bounced between departments and was rarely solidly filled.

"It was assigned to one of the land use staff," Sullivan said Tuesday. "I forget who. Then suddenly, the program just evaporated. I would bring it up a lot. Then it turned out the position became absorbed into the managers office ... and no one was doing it even though that's what we had approved the (employee) for."

According to county spokesman Stephen Ulibarri, water conservation is a priority for the county, but qualified employees for the program (which he described as being in its infancy) have been hard to find, and systems have taken time to refine.

Everybody is looking to Trevizo, who was hired in August after the position was vacant for two years, to put some pep in the implementation process.

Trevizo outlined her plans for commissioners Oct. 30. One of her first steps will be to make a list of the people who should be reporting their well-meter readings. Trevizo said she'll also send letters to remind those people the readings are required and revive outreach and education programs. But because Trevizo is also required to review the hydrology studies submitted by developers with projects up for review, she said she likely won't be able to send the reminders until May. After that, she'll address enforcement.

"She's in great demand," said Sullivan. "This is what happened last time. These land use applications are always rush, rush, and the more routine jobs get pushed to the side."

Contact Phaedra Haywood at 986-3068 or phaywood@sfnewmexican.com.