By Myrna Trauntvein
Times-News Correspondent
It will now be a requirement that all builders in Mona provide culinary water to the city before beginning construction.
City council members passed the resolution to add language to the ordinance, by way of resolution amending the ordinance, to require that all those building a home or requesting a subdivision provide culinary water.
"The resolution has most of the concerns that Allen Pay, city water operator, discussed with us," said Jeff Hearty, council member. "The burden will now be on the developer."
The resolution supported by unanimous decision of the city council was adopted as an amendment to the ordinance and was effective on August 25 upon signature of the mayor.
"The city has a water master plan," said Hearty. "We consulted the master plan and realized that the city would come up short unless we made some changes."
Hearty was assigned by the council to provide the language of the resolution. The resolution needed to be in place for the new code book the city is planning to adopt in the near future.
Two weeks ago there were some concerns with the adoption of the draft form of the resolution concerning water that each subdivision or lot must provide the city before any building can take place.
Pay had concerns about that draft.
"I think all that you really need to do is require that there is an outdoor irrigation system that is equivalent to an acre foot of water," said Pay. "That will cover our one acre foot for our ERC (Equivalent Residential Connection) that is dedicated for outdoor use so they're not on the culinary system—they have to have an irrigation system."
When the resolution was first presented to the council, Pay objected and was invited by Mayor Greg Newton, to come forward and discuss his concerns for benefit of the council.
After the discussion, the resolution was tabled and Hearty did some revamping of the proposal to meet the concerns Pay had raised. Hearty said he thought that the concerns that Pay had were now addressed in the new resolution.
"I think the resolution, as written, will confuse people even more," said Pay two weeks ago.
Newton said that he wants something in place to cover the city if needed so that there are no questions about expectations. The ordinance can be amended again in the future and that can be done as many times as is needed in order to make it work they way it needs to.
"As far as requiring a quarter share of irrigation water, that's nothing to do with us, that's covered in the three-way agreement which has to be in place prior to getting a building permit," said Pay.
He said that those building a home, whether an individual or a developer, had to provide one acre foot of water to cover the ERC that is dedicated for outdoor use so that they are not using the culinary water to irrigate outside.
"They have to have an irrigation system, that's the critical issue," he said. "If they (irrigation company) put together another irrigation system, I hope they come up with an irrigation system to cover High Meadows Subdivision. We don't want to limit them (those building) and if they come up with one acre foot, that's all we can require."
Otherwise, said Pay, the city was changing its requirements.
Another point, he said, was understanding that a water share is an ongoing entitlement to a share of the water available in the system. It gives a right to a share of water. The volume of a water share is defined as the maximum amount of allocation that can be made against it each year.
The most common mistake when people talk about water is the confusion between "water right" and "water share."
"Culinary water is measured in acre feet not in shares," said Pay.
The Utah Code provides that: "All waters in this state, whether above or under the ground are hereby declared to be the property of the public, subject to all existing rights to the use thereof."
The Utah Division of Water Rights administers the water. In order to legally use water, a person must have a water right; in other words, the person must have permission from the Utah Division of Water Rights.
Many water rights are owned or held by mutual water companies (e.g., irrigation companies). The company issues stock to shareholders. By owning stock, a shareholder is entitled to use a portion of the company's water right.
"Water shares are not water rights," said Pay.
To transfer water rights, a seller must convey the water right by deed, the deed must be recorded and a Report of Conveyance must be filed with the Division of Water Rights. Water shares are transferred according to the Utah Uniform Commercial Code and the water company's rules and regulations.
Hearty said he took what Pay had said to heart and had made changes to the resolution so that it clarified the necessary points.
The council agreed to insert the following language: "All lots and subdivisions shall be required to provide 0.5 acre-foot of culinary water for indoor use per equivalent residential connection (ERC)."
An acre-foot is a unit of volume commonly used in the United States in reference to large-scale water resources, such as reservoirs, aqueducts, canals, sewer flow capacity, irrigation water and river flows. As the name suggests, an acre-foot is defined as the volume of one acre of surface area to a depth of one foot.
As a rule of thumb in U.S. water management, one acre-foot is taken to be the planned water usage of a suburban family household, annually. In some areas of the desert Southwest, a typical family uses only about 0.25 acre-feet of water per year.
One acre-foot/year is approximately 893 gallons per day.
The requesting subdivisions/lots will provide a minimum of one acre-foot of irrigation water per ERC which must be developed from sources not linked to the city's culinary delivery system.
"Water requirements are the responsibility of the developer and must be in place prior to any lots being sold," said Hearty.
All lot owners must enter into a three-way agreement between the entity responsible for delivering irrigation water, Mona City and the owner of the land/water, prior to the issuance of a building permit that has already met all other requirements as dictated by the city and the planning commission.
"All water must be dedicated to the individual property for the property approved usage," said Hearty. "Ownership of culinary rights will be deeded to the city prior to issuance of a building permit."
All water rights must be approved by the state engineer and must be in compliance with federal, state, county and city laws and ordinances.Home builders in Mona must now provide culinary water before building
By Myrna Trauntvein
Times-News Correspondent
It will now be a requirement that all builders in Mona provide culinary water to the city before beginning construction.
City council members passed the resolution to add language to the ordinance, by way of resolution amending the ordinance, to require that all those building a home or requesting a subdivision provide culinary water.
"The resolution has most of the concerns that Allen Pay, city water operator, discussed with us," said Jeff Hearty, council member. "The burden will now be on the developer."
The resolution supported by unanimous decision of the city council was adopted as an amendment to the ordinance and was effective on August 25 upon signature of the mayor.
"The city has a water master plan," said Hearty. "We consulted the master plan and realized that the city would come up short unless we made some changes."
Hearty was assigned by the council to provide the language of the resolution. The resolution needed to be in place for the new code book the city is planning to adopt in the near future.
Two weeks ago there were some concerns with the adoption of the draft form of the resolution concerning water that each subdivision or lot must provide the city before any building can take place.
Pay had concerns about that draft.
"I think all that you really need to do is require that there is an outdoor irrigation system that is equivalent to an acre foot of water," said Pay. "That will cover our one acre foot for our ERC (Equivalent Residential Connection) that is dedicated for outdoor use so they're not on the culinary system—they have to have an irrigation system."
When the resolution was first presented to the council, Pay objected and was invited by Mayor Greg Newton, to come forward and discuss his concerns for benefit of the council.
After the discussion, the resolution was tabled and Hearty did some revamping of the proposal to meet the concerns Pay had raised. Hearty said he thought that the concerns that Pay had were now addressed in the new resolution.
"I think the resolution, as written, will confuse people even more," said Pay two weeks ago.
Newton said that he wants something in place to cover the city if needed so that there are no questions about expectations. The ordinance can be amended again in the future and that can be done as many times as is needed in order to make it work they way it needs to.
"As far as requiring a quarter share of irrigation water, that's nothing to do with us, that's covered in the three-way agreement which has to be in place prior to getting a building permit," said Pay.
He said that those building a home, whether an individual or a developer, had to provide one acre foot of water to cover the ERC that is dedicated for outdoor use so that they are not using the culinary water to irrigate outside.
"They have to have an irrigation system, that's the critical issue," he said. "If they (irrigation company) put together another irrigation system, I hope they come up with an irrigation system to cover High Meadows Subdivision. We don't want to limit them (those building) and if they come up with one acre foot, that's all we can require."
Otherwise, said Pay, the city was changing its requirements.
Another point, he said, was understanding that a water share is an ongoing entitlement to a share of the water available in the system. It gives a right to a share of water. The volume of a water share is defined as the maximum amount of allocation that can be made against it each year.
The most common mistake when people talk about water is the confusion between "water right" and "water share."
"Culinary water is measured in acre feet not in shares," said Pay.
The Utah Code provides that: "All waters in this state, whether above or under the ground are hereby declared to be the property of the public, subject to all existing rights to the use thereof."
The Utah Division of Water Rights administers the water. In order to legally use water, a person must have a water right; in other words, the person must have permission from the Utah Division of Water Rights.
Many water rights are owned or held by mutual water companies (e.g., irrigation companies). The company issues stock to shareholders. By owning stock, a shareholder is entitled to use a portion of the company's water right.
"Water shares are not water rights," said Pay.
To transfer water rights, a seller must convey the water right by deed, the deed must be recorded and a Report of Conveyance must be filed with the Division of Water Rights. Water shares are transferred according to the Utah Uniform Commercial Code and the water company's rules and regulations.
Hearty said he took what Pay had said to heart and had made changes to the resolution so that it clarified the necessary points.
The council agreed to insert the following language: "All lots and subdivisions shall be required to provide 0.5 acre-foot of culinary water for indoor use per equivalent residential connection (ERC)."
An acre-foot is a unit of volume commonly used in the United States in reference to large-scale water resources, such as reservoirs, aqueducts, canals, sewer flow capacity, irrigation water and river flows. As the name suggests, an acre-foot is defined as the volume of one acre of surface area to a depth of one foot.
As a rule of thumb in U.S. water management, one acre-foot is taken to be the planned water usage of a suburban family household, annually. In some areas of the desert Southwest, a typical family uses only about 0.25 acre-feet of water per year.
One acre-foot/year is approximately 893 gallons per day.
The requesting subdivisions/lots will provide a minimum of one acre-foot of irrigation water per ERC which must be developed from sources not linked to the city's culinary delivery system.
"Water requirements are the responsibility of the developer and must be in place prior to any lots being sold," said Hearty.
All lot owners must enter into a three-way agreement between the entity responsible for delivering irrigation water, Mona City and the owner of the land/water, prior to the issuance of a building permit that has already met all other requirements as dictated by the city and the planning commission.
"All water must be dedicated to the individual property for the property approved usage," said Hearty. "Ownership of culinary rights will be deeded to the city prior to issuance of a building permit."
All water rights must be approved by the state engineer and must be in compliance with federal, state, county and city laws and ordinances.
