DAR File No. 37119

Natural Resources, Water Rights

Rule R655-7

Administrative Procedures for Notifying the State Engineer of Sewage Effluent Use or Change in the Point of Discharge for Sewage Effluent

Notice of Proposed Rule

(Repeal)

DAR File No.: 37119
Filed: 12/27/2012 04:26:14 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The rule is being repealed because it no longer applies in statute.

Summary of the rule or change:

This rule is repealed in its entirety.

State statutory or constitutional authorization for this rule:

• Title 73, Chapter 3c

Anticipated cost or savings to:

the state budget:

No cost involved, clarification of processing does not require a dollar figure.

local governments:

No cost involved, clarification of processing does not require a dollar figure.

small businesses:

No cost involved, clarification of processing does not require a dollar figure.

persons other than small businesses, businesses, or local governmental entities:

No cost involved, clarification of processing does not require a dollar figure.

Compliance costs for affected persons:

None--No individual costs involved.

Comments by the department head on the fiscal impact the rule may have on businesses:

No fiscal impact, clarification of process procedures does not require a dollar figure.

Michael Styler, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Natural Resources
Water RightsRoom 220
1594 W NORTH TEMPLE
SALT LAKE CITY, UT 84116-3154

Direct questions regarding this rule to:

• Marianne Burbidge at the above address, by phone at 801-538-7370, by FAX at 801-538-7467, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

02/14/2013

This rule may become effective on:

02/21/2013

Authorized by:

Michael Styler, Executive Director

R655. Natural Resources, Water Rights.

[ R655-7. Administrative Procedures for Notifying the State Engineer of Sewage Effluent Use or Change in the Point of Discharge for Sewage Effluent.

R655-7-1. Authority and Effective Date.

1.1. These rules establish and govern procedures for notifying the state engineer of sewage effluent use or change in the point of discharge for sewage effluent as required under Section 73-3c-8(1).

1.2. These rules govern all notifications for use of sewage effluent or change in point of discharge of sewage effluent commenced on or after May 5, 1998.

 

R655-7-2. Definitions.

"Application to Appropriate" means an official request for authorization to develop a source and quantity of water for beneficial uses as covered in Section 73-3-2.

"Beneficial Use" means the basis, the measure and the limit of a water right and includes the amount of water use allowed by the water right expressed in terms of the purposes to which the water may be applied. For example, in the case of irrigation, the beneficial use is expressed as the number of acres which may be irrigated by the water right (e.g. 40 acres).

"Change Application" means an application filed to obtain authorization from the state engineer to allow water right to be changed with respect to point of diversion, period of use, place of use, or nature of use. As allowed by Section 73-3-3, any person entitled to the use of water may make permanent or temporary changes listed by making application upon forms furnished by the state engineer.

"Depletion" means water consumed and no longer available as a source of supply; that part of a withdrawal that has been evaporated, transpired, incorporated into crops or products, consumed by man or livestock, or otherwise removed.

"Diversion" means the maximum total volume of water in acre-feet or the flow in second-feet which may be diverted as allowed by a water right to meet the needs of the beneficial uses authorized under the right.

"Effluent" means discharged wastewater or similar products, such as a stream flowing out of a body of water and includes products that result from the treatment of sewage and other pollutants pursuant to discharge limitations set under the Clean Water Act.

"Hydrologic System" means the complete area or basin where waters, both surface and underground, are interconnected by a common drainage basin.

"Notification" means an application filed with the state engineer requesting authorization to use or to change the point of discharge for sewage effluent.

 

R655-7-3. Contents of the Notification.

3.1. The notification shall include adequate information for the state engineer to determine if the use of sewage effluent is consistent with and without enlargement of the underlying water rights or if a change in point of discharge is required. This information shall be supplied on forms provided by the state engineer or an acceptable reproduction and shall include the information described below as well as any other information deemed necessary by the state engineer to evaluate the notification.

3.2. Information Required on a Notification for Use of Sewage Effluent.

A. The name and post office address of the applicant.

B. The Water Right Numbers of the water proposed for reuse.

C. An evaluation of the diversion and depletion limits of the underlying water rights. This would include evaluating the diversion and depletion limits allowed for the underlying right at the time it was originally approved and certificated by the state engineer.

D. The nature of use of the underlying water rights. This would include the present approved use of the water and the original approved use if different from the present.

E. The quantity of water in acre-feet or the flow in second-feet to be reused.

F. The point of diversion, the nature of use, and the place of use for the proposed sewage effluent use.

G. The point of discharge of the sewage effluent where the sewage would be released if it were not put to beneficial use.

H. An evaluation of the amount of water depleted from the hydrologic system from the use of the sewage effluent.

I. An evaluation of the cumulative total depletion of water from the hydrologic system from the initial use of water and the proposed use of the sewage effluent.

J. An indication whether or not a change application needs to be filed to cover the proposed uses. A change application is required if the proposed nature or place of use for the water reused was not authorized by the underlying water right upon which the reuse is based.

K. An indication whether or not an application to appropriate water needs to be filed to cover the proposed uses of any of the water. An application to appropriate is required if the reuse project proposes to use any unappropriated water of the state.

3.3. Information Required on a Notification for a Change in Point of Discharge

A. The name and post office address of the applicant.

B. The Water Right Numbers of the water proposed to change the point of discharge.

C. The quantity of water in acre-feet or second-feet to have the point of discharged changed.

D. The current point of discharge for the sewage effluent.

E. The proposed point of discharge for the sewage effluent.

F. In addition to the above information required, if the sewage effluent is to be put to a beneficial use in conjunction with the change in point of discharge, the information required in Subsection 3.2 ?Notification for Use of Sewage Effluent? must be provided.

 

R655-7-4. Processing the Notification.

4.1. Upon receipt of the notification, the state engineer shall determine if the information submitted is acceptable and complete.

A. If the information is acceptable and complete, the state engineer shall deem the notification filed.

B. If the information is not acceptable and complete, the state engineer shall return the notification to the applicant and indicate the deficiencies.

C. Once the notification is filed, the state engineer shall publish information from the notification to inform the public of its contents in accordance with Section 73-3c-8(2).

D. Any interested person may file comments with the state engineer within 20 days after the notice is published.

E. A meeting regarding the notification and public comment may be held at the discretion of the state engineer.

4.2. The state engineer shall determine if water use is consistent with, and without enlargement of, the underlying water right or whether an application is required to use the sewage effluent water.

A. If the proposed sewage effluent use is consistent with the and without enlargement of the applicant?s water rights, the state engineer shall issue a letter indicating that there is a water right for the proposed use.

B. If the proposed sewage effluent use is not consistent with the existing beneficial uses or enlarges the right, the state engineer shall issue a letter indicating that there is not a water right for the proposed use.

B.1. If a change application or an application to appropriate is required in conjunction with the proposed use of sewage effluent, it shall be the responsibility of the applicant to file the required application with the state engineer. The state engineer shall process the change application or the application to appropriate according to Section 73-3 of the Utah Code.

B.2. The state engineer shall review the change application and the application to appropriate according to Sections 73-3-3 and 73-3-8, respectively, of the Utah Code.

 

KEY: sewage effluent use

Date of Enactment or Last Substantive Amendment: February 1, 2003

Notice of Continuation: February 1, 2008

Authorizing, and Implemented or Interpreted Law: 73-3C]