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State engineer outlines Hobble Creek distribution system and options to avoid immediate shutoffs

Board of County Commissioners · January 6, 2021
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

At a Utah County commission work session, Springville Irrigation and the state engineer described a priority-based Hobble Creek distribution system, a planned river commissioner to enforce priorities, and short-term leniency plus three mechanisms (voluntary agreements, mitigation/exchange and a 'haircut' in change applications) to reduce home shutoffs.

Utah County commissioners heard an informational briefing on Hobble Creek water rights and a proposed distribution system during a work session on the county's agenda. Albert Harmer of the Springville Irrigation Company and Ross Hanson, regional engineer with the state engineer's office, told the board a committee will be established and a river commissioner appointed to administer water by priority.

The state engineer described how the Hobble Creek distribution system would operate on the basis of priority dates. Hanson said the office will administer surface and groundwater conjunctively and shut diversions based on the priority schedule but intends to provide a transition period: "we're not going to come in hard and shut homes off this year," he said, adding the office will ask users to get their water rights in order over the next year.

Why it matters: commissioners, planning staff and members of the public expressed concern that dozens of lots and existing homes in the canyon may be built on or served by rights that do not have secure priority dates. That uncertainty affects permitting, development approvals and long-term occupancy.

Hanson outlined three paths the state will consider to reduce the risk of immediate shutoffs. The first is a voluntary arrangement approved in writing by affected users and the state engineer that allows users to operate "out of priority" by stipulation. The second is mitigation or an exchange—under limited and technically constrained circumstances a user could purchase water (Hanson cited Strawberry Reservoir as an example) and deliver it to the lower creek to offset upstream groundwater use. The third is a reduction in the allowed diversion or depletion when approving a surface-to-groundwater change application, commonly called a "haircut," in which a larger historic surface right is converted to a smaller groundwater entitlement to avoid priority conflicts.

Planning staff raised questions about documentation for permitting. Bryce Armstrong of Community Development asked how staff should interpret water-right documentation when reviewing building permits or development applications. Hanson advised that approved change applications and the state engineer's determinations will provide the clearest record of what rights are available for diversion and that staff may rely on those approvals to determine whether a proposed development has a water supply that will not be shut off by priority enforcement.

Public commenters — including local landowners and developers — urged caution and asked the commission to consider equity for property owners who were issued permits or who have longstanding water shares. Albert Harmer told the commissioners the irrigation company has spent significant resources contesting protested claims and that Springville Irrigation seeks to protect shareholders with prime rights.

What happens next: Hanson said an initial public meeting to establish the Hobble Creek distribution system and a committee was scheduled for Jan. 20, when the committee will also consider appointing a river commissioner. The session was informational only; no formal policy decisions were made at the meeting.

Direct quotes used above are from speakers at the meeting: Ross Hanson, regional engineer, and Albert Harmer, Springville Irrigation Company.