1. Recent Utah Legislation Affecting Wastewater Reuse Water Environment Association of Utah Annual Conference March 30, 2006 Jerry Olds State Engineer

2. Objectives Basic Principles of Water Law & Reuse New Legislation Example – Water Right Considerations for a Reuse Project

3. 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?

4. 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.

5. Chapter 73-3c - C onservation 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

6. 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

7. 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

8. Reuse Application Process  Public Notice – Newspaper & Web  Protest/Hearing  Decision Can deny, if inconsistent Approve with conditions  Judicial Review

9. Other Provisions  Annual reporting  Rulemaking  Infiltration water  Change - point of discharge, WQ Board Consultant with state engineer

10. EXAMPLE: Deer Springs City (Units: Acre-Feet) DivDepl.  WR #1 Spring A, 1.0 cfs or 350 af 350350  WR #2 Spring B,.75 cfs (35.0 ac)14070  WR #3 Well A,.50 cfs (30.0 ac)12060  WR #4 Well B, 1.5 cfs (80 ac.)320160  Allowable Diversion930 Acre-Feet  Allowable Depletion640 Acre-Feet

11. 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?

12. 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

13. Thank You Questions?