Tooele considers temporary ordinance to tighten review of developer‑provided water rights

Tooele City staff presented a draft temporary ordinance May 7 that would clarify and tighten the city’s review of water rights developers may convey to satisfy the city’s water‑rights exaction requirement.

Paul Hansen, Tooele’s city engineer, said the city has required developers to provide water rights for new development since a 1998 ordinance (Tooele City Code 7‑26‑3). The code currently allows developers to satisfy water‑rights requirements either by conveying water rights or by paying a payment‑in‑lieu for commercial/industrial projects and for second lots or single existing lots. Hansen told the council staff is proposing additional clarifying language that would allow the city, before accepting conveyed rights, to evaluate a proposed conveyance and to refuse rights that are insufficient or not suitable for municipal use.

The proposed changes would add a criterion that accepted water rights be associated with a developed or identified developable water source (rather than purely paper water rights) and that staff examine source sufficiency and water quality prior to acceptance. Hansen said this is intended to ensure the city accepts rights that are durable and usable for municipal supply rather than speculative or undeveloped rights.

Hansen described the larger regulatory context: the state engineer divides the valley into zones and restricts certain transfers (for example, transfers from west to east are limited in parts of the valley), so the city first asks applicants to confirm state approval potential. He also described the city’s approach to using a combination of existing city water rights and new rights or proofs of use as wells come online: the city places rights into a source and later files proof of use with the state after verifying sustainable production.

Council members asked clarifying questions about state authority, how the city develops wells, and whether the proposed temporary ordinance would affect existing city rights. Hansen said the change is a tool to manage resources, would not alter water rights the city currently holds, and — if the council directs — staff will route the ordinance through planning commission and bring it back to council for a formal vote. Council consensus at the meeting favored moving the draft through the public process; no formal ordinance adoption occurred May 7.