To begin the enrollment process, please read and fill out the following form.
A district representative will contact you within 14 business days to set up a pre-conversion site visit.
Do not start your landscape conversion until the district has approved your application and completed the necessary site visit or your conversion will be ineligible for a rebate.
Program Conditions
AUTHORIZATION TO PROCEED
- Do not start your landscape conversion project until the district has completed a pre-conversion inspection and authorizes you to proceed.
CUSTOMER ELIGIBILITY
- Only a current property owner of record or his/her authorized representative with an existing municipal water account in good standing is eligible for the rebate program.
QUALIFYING AREAS
- Areas for conversion must be living, maintained grass and/or a body of water, such as a pond, fountain or pool served by water from an eligible city.
- Areas deemed ineligible will not be reconsidered.
- Any grass remaining in the conversion area must be a minimum of 8 feet wide.
- Projects must be in a Washington County municipality that has adopted the Water Efficiency Standards for new construction. Eligible cities include St. George, Washington, Hurricane, Santa Clara, Ivins, La Verkin and Toquerville. Unincorporated areas of Washington County are also eligible.
- Properties connected to a municipal system that use potable water, secondary irrigation and/or recycled water are eligible.
- Properties using private water rights are not eligible.
- Projects are voluntary. Projects required to comply with a regulation, code or policy are not eligible.
- Participants are responsible for complying with all applicable laws, codes, policies, covenants, conditions and restrictions related to their project.
- Deceptive applications are subject to inspections at any time and will be denied if proven inaccurate and/or untrue.
MINIMUM PROJECT SIZE
- 300 square feet of grass
- Exemptions may be made if all grass is being removed from a landscape or if grass is located in a narrow area, such as a park strip
Converted Area Requirements
LIVING PLANTS
- Converted areas must have at least 50 percent living plant cover at maturity, using water-efficient vegetation. Click here for a list of recommended trees and plants.
LIVING PLANTS POTENTIAL EXEMPTIONS
- On properties where abundant plant cover already exists and will remain after the conversion, program staff may determine that the intent of the 50 percent living plant cover requirement has been met. To consider existing plantings for calculating plant cover requirements, landscapes must also meet the irrigation and surface treatment requirements of the program.
IRRIGATION SYSTEM
- Efficient irrigation is required for all projects:
- Convert spray sprinklers to drip irrigation. Drip irrigation systems must be on their own irrigation zone and include a filter, pressure regulator, and emitters rated at 20 gallons per hour or less. Micro sprays and bubblers are not allowed in conversion area.
- No spray sprinklers are allowed in the completed project area. If only part of the grass is converted, remaining sprinklers must not spray the converted area or create runoff.
- All watering systems must be free of malfunctions and leaks.
- Required components must be visible for inspection.
SURFACE TREATMENTS
- No bare soil is allowed except where native plants have been used to restore an area to appear as native desert. Surface treatments, including weed barriers (if used), must be uniformly permeable to air and water and covered by a layer of mulch, such as rock, bark, ungrouted steppingstones, permeable artificial turf, and/or living groundcovers (where plant density ensures 100 percent plant cover). Concrete or other impermeable treatments will be excluded from rebate calculations.
Terms
- You may cancel this agreement at any time prior to accepting the district’s payment.
DEADLINES
- You have 12 months after your application is approved to complete your project and have district staff approve/decline conversion.
- If the conversion fails, corrections must be completed within (i) 60 days of such notice or (ii) the remainder of the 12-month period, whichever is greater. Applicant’s obligations, including submittal of executed Conservation Easement documents, must be completed within 18 months of this Agreement’s execution. Failure to meet deadlines will result in forfeiture of the rebate.
REBATE AMOUNTS
- Property owners will be paid $2.00 per square foot for the first 5,000 square feet and $1.00 per square foot thereafter.
- Homeowner associations converting common area may opt to be paid $2.00 per square foot for the first 1,000 square feet per developed lot within the association and $1.00 per square foot thereafter.
- The maximum rebate for any property is $100,000 per calendar year.
- Measurements taken prior to the conversion project are estimates only. The total rebate will be based upon measurements taken at project completion.
- A reduced water bill is not guaranteed.
CONVERSION SUSTAINMENT
- This rebate program is designed to be a permanent landscaping change. Receipt of rebate is subject to the property owner’s grant of a Conservation Easement, which will be prepared by the district for participant’s review and signature. The Conservation Easement restricts certain uses of the conversion project areas in perpetuity. Transfer of property prior to recording of the Conservation Easement will result in forfeiture of the rebate. When property is sold from rebate recipient, the Conversation Easement will carry over to all future property owners.
PAYMENT
- Checks are issued only to property owners or their appointed agent within 30 days of recording the Conservation Easement. Rebate checks issued will become void 90 days after being issued.
- Rebates may be considered taxable income. A signed IRS W-9 form is required prior to payment.
- Notwithstanding satisfaction of eligibility conditions, the district retains discretion to reject or delay application approval and may withhold payment if the district determines conversion requirements have not been met.
COMMUNICATION
- By agreeing to participate in the program you authorize the district to communicate with you regarding your participation in the program; convey information about district programs; or conduct research.
You, the Applicant, hereby acknowledge, understand and agree:
to maintain responsibility for the quality and appearance of the conversion;
that any tax liability that may arise from payments made under this Agreement are the responsibility of the Applicant;
to abide and be bound by the terms stated in this Application and Agreement and in the Conservation Easement, and that the terms of those documents may be invoked by the District;
to authorize the District access to historical and future water use data to track conservation savings and monitor program success. All data will be anonymized, and no identifiable information will be transmitted;
that upon the District’s determination that you fulfilled the requirements of this Application and Agreement, payment will be made by the District to you as consideration for this Application and Agreement and the Conservation Easement;
that any assignment of this Agreement shall be effective only upon written notification to the District;
the execution of this Agreement has not been induced by any representation, statement, warranty, or agreement other than those herein expressed;
this Agreement shall bind the parties hereto and their successors, heirs, assigns and representatives, and the obligations of the parties shall not merge with any document of title;
to unconditionally and absolutely defend, indemnify, save harmless, and release the District and all its officers, agents, volunteers, and employees from and against any and all loss, injury, damages, debts, obligations, claims, demands, encumbrances, deficiencies, costs, penalties, suits, proceedings, expenses whether accrued, absolute, contingent or otherwise, including, without limitation, attorney’s fees and costs (whether or not suit is brought) and other liabilities of every kind, nature and description arising out of the performance of this Agreement but not for claims arising from the District’s sole negligence. This indemnification obligation shall survive any termination of this Agreement. The right of indemnification provided herein shall be in addition to any rights to which the District may otherwise be entitled;
the parties intend, declare, and covenant that the terms, conditions, agreements and covenants set forth in this Agreement shall run with the land and shall bind, and the benefits and burdens shall inure to, the parties and their respective successors and assigns;
that if any portion of this Agreement shall be held invalid or inoperative, then insofar as is reasonable and possible, the remainder of this Agreement shall be considered valid and operative, and effect shall be given to the intent manifested by the portion held invalid or inoperative;
this Agreement has been drawn and executed in the State of Utah. All questions concerning the meaning, intention and enforcement of any of its terms or its validity shall be determined in accordance with the laws of the State of Utah. In any dispute jurisdiction and venue shall be in the Fifth District Court of the State of Utah;
the parties shall have all rights and remedies provided under applicable Federal or State law for a breach or threatened breach of this Agreement. These rights and remedies shall not be mutually exclusive, and the exercise of one or more of these rights and remedies shall not preclude the exercise of any other rights and remedies. Each party confirms that damages at law may be an inadequate remedy for a breach or threatened breach of any provision hereof and the respective rights and obligations of the parties hereunder shall be enforceable by specific performance, injunction, or other equitable remedy;
this Agreement is not intended to be a third-party beneficiary contract for the benefit of any third parties, including but not limited to any customer of any party, and no third party shall have any right of subrogation or cause of action against any party for any breach or default by any party hereunder. In addition, no third parties shall have any rights hereunder that would, in any way, restrict the parties’ right to modify or renew this Agreement at any time or in any manner. Nothing in this Agreement is intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement;
the waiver by any party to this Agreement of a breach of any provision of this Agreement shall not be deemed to be a continuing waiver or a waiver of any subsequent breach, whether of the same or any other provision of this Agreement. Any waiver shall be in writing and signed by the waiving party;
that all agreements heretofore made in the negotiation and preparation of this Agreement between the parties hereto are superseded by and merged into this Agreement, no statement or representation not embodied herein shall have any binding effect upon the parties hereto and there shall be no amendments hereto except those in writing signed by the parties hereto;
that any and all actions performed pursuant to this Agreement will comply fully with all applicable laws, statutes, regulations, codes, and ordinances, and failure to comply may result in rebate forfeiture, or postponement or rejection of this Application; and
that nothing in this Agreement shall be construed to waive the sovereign immunity of the District.
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