Officials: Fountains send bad message

Monday, Dec. 1, 2003 | 11:09 a.m.

Water officials are alarmed because Clark County and Las Vegas appear to be balking at the imposition of conservation rules that are part of the regional effort to trim water use.

The Southern Nevada Water Authority's draft guidelines developed this year include a provision that would shut off water fountains and similar features at commercial properties. That rule has become the flashpoint for businesses seeking to keep the water running for features that they argue are central to their ability to keep tenants and make money.

Las Vegas is scheduled to consider the new rules -- and exemptions to the new rules -- Wednesday. The county is scheduled to consider granting permits to allow companies to continue operating fountains Dec. 17.

The proposal before the city would allow companies to continue operating fountains if they cut water use in other areas. The county is considering allowing the companies to continue using their water features if they use water that doesn't come from Lake Mead, the drought-stricken source of nearly all local water.

Either way, the impact would be the same, water officials say: People would see the fountains running and assume that conservation isn't important.

Water authority General Manager Pat Mulroy and other officials argue that the fountains need to be off, but not because turning them off saves significant amounts of water. Instead, the fountains need to be off to visibly demonstrate a commitment to conservation by everyone.

"It's a perception problem," she said. "It is absolutely a perception problem."

Those seeking exemptions "have a point," Mulroy said. "If you have a business park that has a fountain on and has lots of lush landscaping, you will have more savings from cutting back on the turf or landscaping.

"But people are going to see that fountain and it is very difficult to tell people that there is a drought when they see a fountain operating."

The commitment needs to be a united, regional approach, Mulroy said. She pointed out that the water authority board, which includes members from the county and the cities, approved the drought conservation rules.

The same board this month authorized a regional designation of "drought alert" come Jan. 1, the second step in a three-tiered reaction to drought. The water levels in Lake Mead continue to fall, and extreme measures may be needed in another year if the area enters a "drought emergency," Mulroy said.

The snowfall this year will tell observers if the drought will get worse or stay the same, although most people expect it will take years for the West to completely recover.

"If we hadn't dropped down to drought alert, I would feel differently about this," said Mulroy, who promised to attend the city council meeting to discuss the fountain issue.

She said that in March the water authority and its federal partners will know if the area will go into a drought emergency. If the drought continues beyond the next couple of years, water officials have warned of real hardships -- not just fountains drying up, but swimming pools too, and dead lawns.

"We're up against it right now," she said. "Everything hinges on this winter's snowfall."

If the snowfall is enough, Mulroy said the water authority board could consider relaxing the rule. Until then, local governments need to hold the line, she said, and the water authority will continue to offer businesses $1 for every square foot of fountain that they remove.

Mulroy said the perception of ordinary water consumers who aren't likely to receive any kind of escape from the rules is important. Residential users have contributed significantly to the region's 10 percent reduction in water use over the last year, but they need to know others are pulling their weight too.

More importantly, the other six states along the Colorado River need clear visual evidence that everyone is pulling together to conserve, Mulroy said. That evidence could be critically needed if Mulroy and her staff have to convince other states to allow Southern Nevada to buy water from farmers, essentially paying those agricultural regions to forgo farming so Las Vegas can use that water, she said.

"How do I convince other states that we are taking this seriously when they see fountains on?" she asked.

Those who argue that there should be room for flexibility say businesses can prove they are taking the drought seriously.

Tom Thomas, a manager partner at the Thomas & Mack Co., said his company is willing to conserve, but wants something back. In return for allowing the company to keep its reflecting pools at the U.S. Bank building at Sahara Avenue and Rancho Drive, the company would replace over an acre of water-hungry landscaping with desert xeriscaping.

The issue sparked the city debate.

The reflecting pools, by the company's estimate, lose about 23,000 gallons a year due to evaporation. Replacing the landscaping would save about 2.2 million gallons a year.

"There's an opportunity to get the development community to respond to the water-use issue in a much bigger sense than the fountain," Thomas said. "The city can use this whole drought issue to trade off things like reflecting pools or fountains in return for major savings."

Thomas pointed out the exception to the rule that has many upset: casino-resorts on the Strip and elsewhere are allowed to continue using their fountains and water features.

"The concept is, if it's the tourist industry, they're allowed to have it, but if it's a commercial building, they have to rip it out," he said. "We think there's another way to do this."

Mulroy, however, said the water features such as the dancing fountains at the Bellagio, the canals at the Venetian or the volcano at the Mirage are part and parcel of the region's key industry.

With those water features off, some people would not come to Las Vegas, she said.

"Then we have really affected people's jobs because that instantly transmits to the Strip in terms of employment," Mulroy said.

Other governments along the Colorado River accept the idea that Las Vegas needs the water features at the resorts because it is our central industry, she said, comparing the resorts to California's semiconductor industry, which uses huge amounts of water.

The resorts are "our Silicon Valley," Mulroy said. Having fountains on in business parks and condominium complexes, however, sends a much different message here and to visitors, she said.

Las Vegas City Councilman Larry Brown said he agrees that the region must save water. He believes the region can do better with a different policy and still deliver a strong conservation message.

Brown suggested that signs could advertise what has been done to save water at those properties where the fountains continue running.

"If the intent is to save water, then what we need to do in the case of these businesses that are coming in is instead of mandating that they shut off an amenity that saves a gallon of water, mandate that the retrofit in a way that saves 10 gallons of water," he said.

In the Thomas & Mack appeal, Brown noted that the company is promising to spend $300,000 to replace its landscaping. Adding a public sign that the work was done should get the message across, he said.

"That's real message with real savings," he said.

Paul Larsen, attorney for the owners of Marbeya Business Park on Sahara Avenue in Spring Valley, said his clients could do the same thing -- put up a sign -- if they trucked water in for their water features.

"We would be very happy to make presentations, signage, tell people that it is not Southern Nevada Water Authority water," he said.

Mulroy is "elevating perception over actual conservation," Larsen said. "Our concern is to address actual conservation in as aggressive a manner as possible.

"The fact that we would be running our fountains with sea water underscores how dire the situation really is," he said. "It doesn't weaken her hand; it strengthens it."

Mulroy has allies in her effort, however. Clark County Commissioner Myrna Williams, who also serves on the boards of the water authority and the Las Vegas Valley Water District, which actually delivers the water to users in Las Vegas and in the unincorporated county, is dead-set against loosening the rules.

"I can't speak for other people, but as far as I'm concerned people better start understanding this is not something that can be solved overnight and everybody -- everybody -- has to sacrifice something," Williams said. "I don't think sacrificing a fountain is such a big deal."

She said that if the city or county changed the rules the pressure would be on the other members of the water authority in North Las Vegas, Henderson and Boulder City to do the same. That could put more pressure on politicians to exempt more fountains and water features.

"It would not change me," Williams said. "It just seems to me that people in charge should have a little more stamina."

Henderson City Councilwoman Amanda Cyphers said that for now, she is waiting to see what Las Vegas and Clark County do. Henderson was scheduled to affirm the new rules this week, but Cyphers said the city will likely push that back to wait for the bigger players to act.

"It's a regional issue," Cyphers said. "We were all pretty much 99 percent together. What the city is going to do now is, because of the issues, postpone until the dust settles to see what will be happening.

"We need to be as unified as possible," she added.

Cyphers suggested she is sympathetic to Mulroy's point-of-view.

"Does it really save water by turning off the water to fountain? No, not really," she said. "Does it matter? Yes. It sets the example that people see day in and day out."

Mulroy said people need to understand the seriousness of what she hopes will be a temporary problem, and they need to be able to make temporary changes. Turning off fountains will not destroy businesses -- unless some can keep them on and other companies can't.

"Show me how it matters in front of a bank," she said. "Show me how it matters in front of an office park. If everyone has to do it, show me. Are people not going to have offices?"

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