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 amunicipal water rights?

Domestic, commercial, industrial, irrigation, stockwatering, etc

Could water uses change over time?Could water uses change over time?What are the deletion limitsWhat are the deletion limits

for municipal use?for municipal use?

IrrigationRecycling

System

Can the water user capture and recycle the water? Yes, if1) 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 enlargeReturn flow satisfied

Water Reuse Requirements (cont’d)

Application RequirementsSpecify required information

Reuse authorization contractProject Sponsor

Treatment PlantCollection SystemWR OwnerWater PurveyorSellers of reuse waterRetailer - replaced by reuse

Agree w/ reuse & pledge is consistent WR

Reuse Application Process

Public Notice – Newspaper & Web Protest/Hearing Decision

Can deny, if inconsistentApprove 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 AFSewer Plant Discharge

(930) * .4 * .8 = 297.6 AFAllowable Reuse

640 – 437.1 = 202.9 AF

Thank You

Questions?