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					  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




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