How Tempe Handles Water Use Rules: A Practical Guide

Tempe maintains 149 local ordinances across all categories, and 2 of those deal specifically with water use rules. Here is a breakdown of what the city actually requires, what is prohibited, and where Tempe falls on the strict-to-permissive spectrum compared to other cities.

Leak Reporting Duty

Tempe's General Code makes it illegal to let a water leak run once you should reasonably have discovered it. Section 33-123 prohibits permitting the excess use, loss or escape of water through breaks, leaks or malfunctioning plumbing for any period after the escape should reasonably have been found and fixed, and the City enforces it through the same notice-and-surcharge ladder used for irrigation waste.

Key details: Core duty: Fix leaks once reasonably discoverable, § 33-123. 1st notice: Verbal, 14 days to fix, § 33-130. 2nd notice: Written, water audit required, § 33-131. 3rd violation: 25% bill surcharge, § 33-127. 4th violation: 50% bill surcharge, § 33-128.

A first leak complaint draws only a verbal warning and a 14-day window to fix it. Ignore it and the penalties escalate exactly like irrigation waste: a written notice and mandatory water audit on the second violation, a 25 percent bill surcharge on the third, 50 percent on the fourth, and service discontinuance plus a two-and-one-half-times reconnection fee after that, all capped at $2,500 per violation per day under Section 33-133.

Turf Replacement Rebates

Tempe caps how much turf and other thirsty landscaping a new development can plant. Section 4-702(B)(1) of the Zoning and Development Code limits water-intensive landscape, including turf, water features and bodies of water, to 20% of landscapable area beyond the first 10,000 square feet, 20,000 for hotels, with schools, parks and golf courses of 10 acres or more exempt.

Key details: Turf/water feature cap: 20% of landscapable area. Trigger threshold: Above 10,000 sq ft (20,000 hotels). Exempt uses: Single-family homes, small parks. Large exempt facilities: 10+ acre parks, golf courses, schools. Plan approval needed: Landscape plan and irrigation plan.

Installing turf, water features or other water-intensive landscape beyond the 20% cap, or occupying a building before the Community Development Department approves the landscape and irrigation installation, violates Section 4-702(B) and Section 1-201 of the Code. The city can withhold or revoke a certificate of occupancy, and can pursue a civil citation of $100 to $1,000 per day or a class 1 misdemeanor charge carrying up to a $2,500 fine and six months in jail.

The Bottom Line

Tempe's water use rules rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Tempe is broadly strict or permissive.

Keep in mind that Tempe can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.