Health department defends water-hauling limits as Deer Springs residents press for exceptions

The Kane County Commission heard a detailed presentation Oct. 28 from Jeremy Roberts, environmental health director for the Southwest Utah Public Health Department, on the agency’s nonpublic drinking-water regulation and its water-hauling provisions.

Roberts said the regulation’s “purpose is to protect public health, prevent the spread of waterborne diseases, and prevent pollution of water resources” across the department’s five-county area. He told the commission that the regulation was substantially changed in 2015 and last revised in April 2022, and that the water-hauling rules have been the focus of recent edits.

Under the rule, water hauling is allowed only in limited circumstances: generally for residential or recreational properties that have access less than 180 days per calendar year, and where not prohibited by the local municipality or county. Roberts also said any hauled water must be drawn from a public water system approved by the Division of Drinking Water and accompanied by required documentation.

That guidance drew questions from commissioners and residents who said it can curtail use of private property in dry subdivisions where public water is unavailable. Michael McNichols, who identified himself as a Deer Springs Ranch property owner, asked to be notified in advance of any proposal that could affect the community. “If there is anything planned or proposed that would impact Deer Springs Ranch, then we would want to know about it in advance,” he said.

Larry Clarkson, a Deer Springs contractor and former homeowners-board president, said many dry subdivisions were created before centralized water systems existed and that building a private well can be prohibitively expensive. “To, to say that there should be [a] 180-day rule of when you can or when you can't haul water makes absolutely no sense,” Clarkson said, warning that denying septic permits where hauling is the only practical option could make property effectively unusable.

Roberts acknowledged that only three of Utah’s 13 local health departments — San Juan, Southwest and Central — currently allow any form of water hauling. He said the department is taking two steps in response to recent inquiries about Deer Springs: requesting an audit of the subdivision’s public-water system and water rights to check for overuse, and notifying applicants that new septic permits will require connection to a public water system or a drilled private well where year‑round access exists.

Roberts and county staff emphasized there was no formal action at the meeting; commissioners encouraged residents to bring concerns to the Public Health Board steering committee at its next meeting, where representatives from the five counties could consider changes. The chair offered to follow up with residents and the health department to share meeting dates and next steps.

The practical effect described by Roberts is that structures in areas deemed to have year‑round access will not qualify for new septic permits based on water hauling; existing structures that rely on hauling may continue under grandfathering rules. The commission did not take action on the regulation at the meeting.