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Resident seeks water-rights trade for town hookup; council says it will consider after verification
Summary
A property owner seeking to reconnect an illegally subdivided lot near Main Canyon Road asked the council if the town would accept private water rights in exchange for a hookup to the town system. Council members said they would consider transfers if state approvals and documentation show the right can be used in the town well system.
During the public comment portion of the Feb. 6 meeting, Justin Witt described efforts to correct an illegally subdivided lot at about 1145 East off Main Canyon Road and asked whether the town would accept his private water right in exchange for a hookup to Wallsburg's water system.
Witt said he (acting with paperwork submitted by the current owner) has a well permit and water rights of about 1.46 acre-feet and asked whether the council has precedent for accepting water rights as consideration for a hookup.
Council members and staff explained the town's ability to accept outside water rights depends on the origin and type of the water right and on state approval. "If the city is willing to consider it, then we go through the change application process," one staff member relayed from a conversation described in the meeting with the state engineer. Council members emphasized the town must verify whether the right is culinary (suitable for municipal use), whether it is encumbered by irrigation shares or tied to other basins, and whether the water could be legally and practically diverted to the town well.
Council members said the town has considered similar requests on a case-by-case basis. They asked Witt to provide the water-right numbers and documentation from the state engineer and suggested staff will research the permit history and trace the origin of the right (for example, whether it was historically tied to Main Creek irrigation). The council noted the state controls what types of water can be moved; the town cannot accept water the state will not allow to be diverted into the municipal system.
Staff and council indicated a willingness to consider the proposal if the state approves a change application and if the water right is suitable for the town well. No formal action or commitment was made at the meeting; councilors asked Witt to submit the water-right numbers and any state correspondence so staff can perform research and advise the council.
The council also cautioned that hookups are considered on a case-by-case basis and that acceptance depends on whether the owner brings an amount and type of water that the town can integrate into the system.
Witt said he would provide the paperwork and appreciated the council's willingness to investigate the question further.
