Utah County delays Hobble Creek water-permit changes after residents and builders raise concerns

Utah County commissioners on Sept. 22 continued consideration of a pending ordinance that would require recorded waivers and, for properties inside the Hobble Creek drainage, an expert statement verifying water-right priority before issuing building permits.

Bryce Armstrong, Community Development, said the state engineer has ordered a water distribution system to address statewide over-appropriation and that Hobble Creek is particularly affected. Armstrong said the proposed amendment would require applicants countywide to sign a waiver acknowledging the adjudication risk and, within Hobble Creek, to supply an engineer or attorney opinion verifying that an underlying water right’s priority date is sufficient to secure a permit.

Contractor Joel Farah and property owners said the county’s current delay is preventing remodels and home completions. Farah said the remodel in question "has water to the home" and is a remodel rather than a new use, and he urged the commission to allow issuance so owners can finish their homes. Owner Jenny Lambert said she needs a permit to close up a partial roof and finish work before winter.

Longtime Hobble Creek resident Carol Ferguson urged caution and said the area is already suffering: "Water is the issue. You cannot survive without water and it is a matter of the health, safety and welfare of people in the canyon," she said, noting maintenance agreements and CC&Rs that led residents to expect certain water allocations.

County Attorney Rob Moore told the commission, "Our county land use ordinance prohibits us from issuing a permit, when we have a pending ordinance that would affect this property." Moore and staff explained state rules that a pending ordinance referred to the planning commission creates a process and that the commission is approaching the 180-day statutory timeframe for action.

Commissioners debated whether the rule should apply to remodels that do not add a new domestic water source. Staff suggested possible language changes to limit the requirement to new dwellings or new taps. To give staff, the planning commission recommendation and the applicant time to resolve wording and scheduling constraints, the commission voted to continue the item one week to Sept. 29; the motion carried 2-0.

Next steps: commissioners asked staff to revisit the draft language to consider exemptions for remodels that do not increase water demand and to return with a refined proposal for action at the next meeting.