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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 Questions?
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