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<br />The amendment also defines and addresses criteria
<br />for any "constructed water conveyance," I.e, man.
<br />made lined canals or other water transpon systems
<br />constructed to move water through what "is not and
<br />never was a natural waterway." In adopting water
<br />quality standards, state could consider existing and
<br />planned uses of the water transponed, the ability to
<br />return .the water to a natural waterway, and state or
<br />regional water management and conservation plans.
<br />The state would not be required to impose "aquatic,
<br />wildlife and fish consumption uses".if the uses are not
<br />existing and foreseeable uses."
<br />
<br />WATER RESOURCES
<br />
<br />Central Utah projectJWater Conservatlon
<br />
<br />On February 4, Utah Governor Michael Leavitt
<br />issuea an executive order to estaoiish a nine-member
<br />Utah Water Conservation Advisory Board as allowed
<br />by the federal Central Utah Project Completion Act
<br />(PL 102-575; Section 207). The new board will be
<br />comprised of Utah's existing eight-member Board of
<br />Water Resources, a policymaking body, while the ninth
<br />member is affiliated with both the Stonefly Society and
<br />Trout Unlimited and was selected from a list submitted
<br />by the Utah Outdoor Interests Coordinating Council.
<br />
<br />The Order recognizes the imponance of water
<br />conservation as a water management tool and
<br />necessary complement to the construction of water
<br />collection and delivery systems. The order points out
<br />the Utah Board of Water Resources is charged by
<br />state law to "make studies, investigations and
<br />recommendations...on behalf of the state for any
<br />purpose which relates to the development,
<br />conservation, protection and control of the water and
<br />power resources of the state." The board will evaluate
<br />water conservation standards and regulations and
<br />submit recommendations to the Governor and
<br />Secretary of Interior by October 30, 1995,
<br />
<br />The boards recommendations are to cover, but are
<br />not limited to: (a) water metering; (b) elimination of
<br />declining block rate schedules; (c) conveyance and
<br />distribution system leak detection and repair
<br />programs; (d) low-flow plumbing fixtures for new
<br />construction; (e) water reuse and recycling for all new
<br />commercial laundries and carwash facilities; (I) soli
<br />preparation before planting new residential and
<br />commercial turf grass; (g) Insulation of hot water pipes
<br />
<br />in new construction; (h) water recycling and reuse for
<br />any newly Installed commercial and industrial water-
<br />operative air conditioning and refrigeration systems; (Q
<br />regulation, control and removal of self-regenerating
<br />water softeners; and O) elimination of evaporative
<br />wastewater treatment. The board's recommendations
<br />are non-binding,
<br />
<br />.
<br />
<br />However, the federal law requires the Central Utah
<br />Water Conservancy District to prepare and implement
<br />a water management improvement plan, which must
<br />Include a water conservation goal. The required
<br />savings vary, given defined circumstances, but the
<br />minimum amount is between 20,000 and 30,000 acre.
<br />feet of water, and up to the greater of either 10% of
<br />recorded annual water deliveries or 25% of the
<br />projected Increase in annual water deliveries. The
<br />district Is to maintain an "active inventory" of cost
<br />effective water conservation measures, and tile acl
<br />defines the value of saved water to be at least
<br />$200/acre-foot for municipal and industrial use and
<br />$50/acre-foot for irrigation.
<br />
<br />The act also requires that the district, in
<br />consultation with the state, study: (1) wholesale and
<br />retail pricing to encourage water conservation; (2) the
<br />coordinated operation of Independent municipal and
<br />industrial and irrigation water systems; and (3) cost
<br />effective flexible operating procedures. The law
<br />authorizes $3M to share up to half the cost of the
<br />studies, and $50M for up to 65% of the cost of
<br />implementing conservation measures. Also of note,
<br />the federal statute provides that all water saved by any
<br />conservation measure implemented by the district or
<br />a petitioner for project water, may be retained by the
<br />district or petitioner which saved the water for Its own
<br />use or disposition, or may be made available to the
<br />Secretary in order to augment minimum streamflows.
<br />
<br />.
<br />
<br />Again, there is no authority granted to require
<br />implementation of specific recommendations, but if the
<br />Secretary of Interior determines that the district's
<br />required water management Improvement plan has not
<br />been developed, conservation goals have not been
<br />met, or the required studies have not been completed,
<br />the district will be assessed a project repayment
<br />surcharge for each year of substantial non-
<br />compliance, The surcharge for the first year would be
<br />5% of the district's annual repayment obligation,
<br />Increasing to 10% for the second year, and up to 15%
<br />for the third year and any succeeding year.
<br />
<br />The WESTERN STATES WATER COUNCIL is an organization of representatives appointed by the Governors of .
<br />member states - Alaska, Arizona, Califomla, Colorado, Hawaii, Idaho, Nevada, New Mexico, North DakOla, Oregon,
<br />South Dakota, Texas, Utah, Washington, and Wyoming, and associate member states Montana and Oklahoma.
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