Recent Utah Legislation Affecting Wastewater Reuse Water Environment

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 -3 c - 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 -3 c – 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 WR #2 Spring B, . 75 cfs (35. 0 ac) WR #3 Well A, . 50 cfs (30. 0 ac) WR #4 Well B, 1. 5 cfs (80 ac. ) § Allowable Diversion § Allowable Depletion 350 140 120 350 70 60 160 930 Acre-Feet 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) üCurrent Depletion ((930)*. 4*. 2) + ((930) *. 65) = 437. 1 AF üSewer Plant Discharge (930) *. 4 *. 8 = 297. 6 AF üAllowable Reuse 640 – 437. 1 = 202. 9 AF

Thank You Questions?