Recent Utah Legislation
Affecting Wastewater Reuse
Water Environment Association
of Utah Annual Conference
March 30, 2006
Jerry Olds
State Engineer
Objectives
• Basic Principles of Water Law & Reuse
• New Legislation
• Example – Water Right Considerations
for a Reuse Project
What water uses are covered by a
municipal water rights?
Domestic, commercial, industrial,
irrigation, stockwatering, etc
Could water uses change over time?
What are the deletion limits
for municipal use?
Irrigation
Recycling
System
Can the water user capture and recycle the water? Yes, if
1) it has not left their control;
2) they use the water for the same purposes; &
3) they do not irrigate more land.
Chapter 73-3c - Conservation and
Use of Sewage Effluent (1995)
Drought of 1999-2004
New sources of water are limited
Cost to develop effluent
Litigation
Proposed Legislation – Water Task Force
HB 38 – Water
Reuse Requirements
73-3c – Wastewater Reuse Act
Reuse authorization contract
Reuse by a public agency
Administered as municipal water right
Consistent with water right
Does not enlarge
Return flow satisfied
Water Reuse Requirements (cont’d)
Application Requirements
Specify required information
Reuse authorization contract
Project Sponsor
Treatment Plant
Collection System
WR Owner
Water Purveyor
Sellers of reuse water
Retailer - replaced by reuse
Agree w/ reuse & pledge is consistent WR
Reuse Application Process
Public Notice – Newspaper & Web
Protest/Hearing
Decision
Can deny, if inconsistent
Approve with conditions
Judicial Review
Other Provisions
Annual reporting
Rulemaking
Infiltration water
Change - point of discharge, WQ Board
Consultant with state engineer
EXAMPLE: Deer Springs City
(Units: Acre-Feet)
Div Depl.
WR #1 Spring A, 1.0 cfs or 350 af 350 350
WR #2 Spring B, .75 cfs (35.0 ac) 140 70
WR #3 Well A, .50 cfs (30.0 ac) 120 60
WR #4 Well B, 1.5 cfs (80 ac.) 320 160
Allowable Diversion 930 Acre-Feet
Allowable Depletion 640 Acre-Feet
Deer Springs City (Cont’d)
40% used in house (20% Depleted)
60% irrigation of lawns (65% Efficiency)
Secondary Treatment – Sewage Effluent
Discharged to Stream
How much of their effluent can they
reuse?
Deer Springs City (Cont’d)
Current Depletion
((930)*.4*.2) + ((930) * .6 * .65) = 437.1 AF
Sewer Plant Discharge
(930) * .4 * .8 = 297.6 AF
Allowable Reuse
640 – 437.1 = 202.9 AF
Thank You
Questions?