Conservation Plans

Water and the Law
Are Your Mandatory Water Conservation Plans in the Works?
by David B. Hartvigsen
(Published in the Utah Water News, December 1998)

Last spring, the Legislature enacted a new law requiring every water retailer and water conservancy district to develop, adopt, and file a water conservation plan in accordance with the terms of the new statute. The April 1, 1999 deadline for doing so is fast approaching. Even retailers and conservancy districts that have previously prepared and adopted conservation plans must review and file them with the Board of Water Resources by this same deadline. Furthermore, prior to filing, all such plans must be presented to the public at a duly noticed public hearing.

The new law is contained in Utah Code Ann. § 73-10-32 (Supp. 1998). The definition of a water retailer is very broad. It includes any "supplier of culinary water to the end user." This means that any entity that is providing culinary water to end users is subject to this new law. It can even include irrigation and ditch companies if part of their systems are used to deliver culinary water.

A "water conservation plan" is defined to be "a written document that contains ideas, suggestions, or recommendations as to what can be done by state and local governments, retail water providers, and the end user of culinary water to help conserve water and limit or reduce its use in the state in terms of per capita consumption so that adequate supplies of water are available for future needs." Each plan must include recommendations for water saving measures such as:

(A) the installation and use of water efficient fixtures and appliances, including toilets, shower fixtures, and faucets;
(B) residential and commercial landscapes and irrigation that require less water to maintain;
(C) more water efficient industrial and commercial processes involving the use of water;
(D) water reuse systems, both potable and not potable;
(E) distribution system leak repair;
(F) dissemination of public information regarding more efficient use of water, including public education programs, customer water use audits, and water saving demonstrations;
(G) water rate structures designed to encourage more efficient use of water;
(H) statutes, ordinances, codes, or regulations designed to encourage more efficient use of water by means such as water efficient fixtures and landscapes;
(I) incentives to implement water efficient techniques, including rebates to water users to encourage the implementation of more water efficient measures; and
(J) other measures designed to conserve water.

After these conservation plans are developed, or existing plans are reviewed and updated, the retailer or conservancy district must hold a public hearing on the plans and then formally adopt them and file them with the Board of Water Resources by April 1, 1999. The Board of Water Resources will then study the plans and develop recommendations on how to implement the plans, including media involvement and public education and notification efforts. As the enforcement teeth for this effort, the statute provides that the Board of Water Resources may require the adoption and implementation of such plans before receiving any state funds for water development. However, there is also a provision stating that this statute should not be applied so as to require an entity to go outside of its existing budget in attempting to comply.

Any comments or questions can be directed to the author at (801) 532-1900.