- Levan Irrigation Company denied again for water hook-up
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By Rebecca Dopp
Times-News Correspondent
“If at first you don’t succeed, try, try again.” —unknown.
Golden Mangelson and Bob Shepherd, representing the Levan Irrigation Company, came before the Levan Town Council to ask again for a water hook-up to their building which is outside city limits.
The irrigation company came before the town council last year to ask for a hook-up to their building to provide culinary water for restroom facilities. At that time, the town council felt that a precedence would be set and they didn’t want to go down that road.
According to G. Mangelson, the town has some options. He said that with the water right the town has to run the hydros, they are obligated to return that water to the irrigation company. He said the water should be returned to the head of the system. One way to do that is to make a connection in the hydro line and take part of the water out, but that would reduce the hydro flow. The other option is to make a connection as it comes out of the hydros and deliver it to a 2-inch water line provided by the irrigation company.
Council member Brent Taylor asked to be brought up to speed on the issue since he was not on the council last year when the issue first arose.
G. Mangelson said that the town has in the past allowed hook-ups outside city limits for stock watering. If there was someone who borderlined or was outside city limits who had excess water, the town would allow hook-ups for that. He said state law says that utilities can be furnished outside city limits provided there is enough water.
“Water is a sticky subject right now,” he said. “Sometimes there is enough and sometimes there isn’t.”
The irrigation company has potable water, he said. It’s just a matter of where they hook up on the system to get that water.
He also said that because this is not a residence, the town should consider allowing a hook-up to a commercial building.
“That would solve a problem for us,” he said.
Council member Paul Mangelson said he stood by his original opinion that the town should not set up a precedence.
“It’s been the town’s policy not to go outside the city limits,” he said.
Council member Brady Taylor asked who had hook-ups outside city limits. G. Mangelson said there was a line down the lane past Bart Aagard’s house, a line out to Silo Lane, and a line through Bob Shepherd’s property. Those were mostly for stock watering, however Shepherd said the line through his property had a connection that he gave the town a right-of-way.
“If you want to revoke that pipeline,” Shepherd said, “that’s fine with me. You’ll just have to take out the pipeline.”
Brent Taylor asked if there was an ordinance that stipulated between stock, commercial and residential. Town treasurer Carol Mattinson said there was not.
P. Mangelson said the best solution would be for the irrigation company to annex their property into the town.
“We can build water lines cheaper than we can annex,” said G. Mangelson. “and I’m not sure we want it in the city limits.”
“What’s so costly about annexing it in?” asked P. Mangelson.
Shepherd said it costs $500 for an application fee and review, then they have to ask the surrounding landowners if they want to be annexed in, and then the town isn’t ready for annexation.
Questions about getting irrigation water to the cemetery came up, but Shepherd pointed out that the cemetery would have to annex into the town as well. It and the park are not in town limits.
Shepherd said that the town should consider working with the irrigation company because in times of need the town has had to rely on the irrigation company for it’s additional water for residents. Brady Taylor said the law allows for that. Shepherd said the town can supersede the right for temporary shortage, but it doesn’t say the town can use the equipment. G. Mangelson said the town can’t use the springs either in that instance.
“If the priority falls in, that says you can’t get that water unless the irrigation company says you can,” he said. “The irrigation company has never turned down the town when the people needed water, though, and I don’t think we ever would.”
G. Mangelson said that if the town turns down the hook-up, then the town needs to return the water at the hydros and the irrigation company will hook-on outside the town limits.
Mayor Russ Mangelson asked if a trade could be made, so that it’s not just the town giving the irrigation company a hook-up. He said he felt that commercial use is different than residential.
Shepherd said that all the town is letting them do is use the their own water through the town’s lines.
He said that the building is used by 85% of the town’s residents for meetings and it would be nice if they could use the facilities while there.
“It’s a public service for them,” he said. “We were invited not to use the facility down here [the town hall] anymore.”
Brady Taylor said they could have paid rent to use the town hall. Shepherd said nobody else pays rent. Mattinson said that everybody except political pays rent.
G. Mangelson said that the irrigation building was built for the people of Levan and he doesn’t see any reason why they shouldn’t have the facilities available during meetings.
“You can make up your mind to not give us the right [to hook-up] and we can still get our water because we own the water, but you know. When you run out of water, who do you come to?” asked G. Mangelson.
Shepherd stated that the town and the irrigation company have worked together amicably for years on several issues including source protection on the 5th East well, the equipment in the little town well, and the pipeline in several areas of town. He stated that the irrigation company paid for 50% of the lines and when they separated the systems they did not ask the town to pay back their share.
“Isn’t it the town’s policy not to go outside the city limits for water?” asked P. Mangelson.
“For households, it is,” said Shepherd. “I don’t think you should take town water outside city limits. This is irrigation company’s water outside city limits.”
“Isn’t the irrigation company members of this town?” asked P. Mangelson.
“Yes. The town is a member of the irrigation company, too,” said Shepherd. “It should go both ways.”
P. Mangelson said even though he owns six shares in the irrigation company, he sits on the town council and represents it to the best of his ability and he feels water should not go outside city limits.
“That’s my stand and I have the right to take that stand,” he said. “without being threatened by you guys saying if you don’t look at it our way, then this will happen.”
Shepherd said there were no threats; he had only outlined what had happened in the past.
G. Mangelson reiterated that there are options they can take if the council votes no to allow the hook-up. P. Mangelson said that the irrigation company took that stand last year and asked why they had come back again.
“We wanted to see if you had changed your mind,” said G. Mangelson. “If you haven’t changed your mind, then that’s fine.”
Brent Taylor said he feels the irrigation company has the right to use their own water. He wondered if their was a solution for the town council and the irrigation company without jeopardizing the town’s position to not give permits to residents for outside limit hook-ups.
“I would like to see a resolution for all parties and not have disagreements,” he said. “We need to protect ourselves from not being able to issue permits we don’t want to, but if we can find a solution to make it work, then I don’t have a problem with that. If we can do it for commercial and livestock, then I wouldn’t be opposed to it. We have to work together.”
P. Mangelson said the easiest way would be to annex into the town. G. Mangelson said they would if the town would change their policy and give it to them for a decent price.
Shepherd said the other option is that the irrigation company will hook on to his riser in his field and run it to the building.
“I am a shareholder in the company and I have the right to go down there and use the restroom any time I want,” he said. “If you want to shut my water off, then go ahead. It’s on my property, it’s not going across anybody else’s, and I’m extending my own line on my own property.”
R. Mangelson made the motion to allow the irrigation company a hook-up. Brent Taylor seconded the motion. Brady Taylor, Paul Mangelson, and Larry Durffee voted no.
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