Walsburg council confronts complex water-hookup requests, Main Creek transfers and calls for tighter rules

WALSBURG, Utah — The Walsburg Town Council spent the bulk of its Feb. 27 work meeting debating whether to allow new hookups to the towns culinary water system for properties outside town limits and how to handle transfers of irrigation shares into the municipal water supply.

Background and pending requests: Several residents and applicants have requested culinary hookups based on trading irrigation water or other water shares with the state engineer. Councilmember Mary Piscatelli described two recent applicants: Blake Allen, whose Main Creek Irrigation Company shares were the subject of a transfer application, and Justin DeWitt, who sought to move a well-permit trade into town service. Piscatelli said the Planning Commission recommended approval of a building permit conditional on completion of any required state-level water change.

State and water-company approvals: Piscatelli said the town has been advised by the state division of water rights and local irrigation companies that transfers can proceed if all involved parties sign the paperwork and the state engineer approves the change of point of diversion. She quoted a standard approach she received from the state: if a transfer is proposed, the municipality should issue a conditional building permit and withhold meter installation and county occupancy until the state engineer finalizes the transfer. “You will not receive a meter. You will not receive occupancy… until this water change is done,” she said, summarizing guidance from the state.

Irrigation-company governance and process concerns: Councilmembers expressed concern about whether irrigation companies individually have authority to approve transfers through signatures by a president or secretary. Mary asked staff to verify whether the Main Creek Irrigation Company presidentGeorge Muirhad authority under that companys bylaws to sign the transfer or whether the shareholders or board needed to vote. The council also noted that some local irrigation companies have updated bylaws restricting exports of water outside their boundaries.

Equity and infrastructure costs: Several councilmembers warned that allowing out-of-town hookups could impose costs on the town—upgrades of lines, pumps and treatment capacity—and might lead to complaints about fairness if some property owners paid different rates or fees. Councilmember Ron Horton said he was reluctant to “start a war with the water companies” and urged careful due diligence before approving transfers.

Policy options discussed: Council members debated several policy responses: - Require applicants to present irrigation-company written approval (signed per that companys bylaws) and a state engineer approval before meter installation or occupancy; issue conditional building permits where appropriate. - Require bonds or escrow to protect the town in case a water transfer is not completed (several members rejected bonds as impractical). - Limit or place a moratorium on out-of-town hookups until the town can monitor system performance for a period and update hookup fees, meter and annexation policies.

Planning commission role: Piscatelli said the Planning Commission could issue a recommendation but that the council must decide on policy and verify the irrigation-company governance and the state engineers position before acting on individual building permit requests. She said Spencer at MAG and the towns state engineer contact would help answer technical questions.

Why it matters: The debate touches on the towns water supply reliability and fairness to residents; water-system capacity, rate-setting and infrastructure costs; and legal limits on municipal authority when water rights are transferred under state law.

Next steps: Council directed staff to obtain Main Creeks bylaws (or a written statement clarifying whether their president can sign transfers), to present comparables for meter/hookup fees used by other towns, and to prepare draft policy language (including a possible moratorium) for council consideration. The Planning Commission recommendation for the Blake Allen application will be considered at the March meeting only after required written approvals are provided.

Ending: No new hookups were approved on Feb. 27. Councilmembers asked staff to compile irrigation-company bylaws, the state engineers written guidance, and comparator hookup fees for the March meeting.