Hinckley council favors shifting water point of diversion back to cemetery well, requires meter

Faced with a longstanding oversight in cemetery water supply, the Hinckley Town Council on May 21 decided to shift the town’s point of diversion back to the cemetery well and require the Hinckley Deseret Oasis Cemetery Special Service District to install a physical meter to record usage.

Attorney Todd Anderson explained that in 2007 the town’s water right was diverted to the town’s primary wells, and the cemetery has since pumped unmetered groundwater without a recorded point-of-diversion at that well. Anderson said the town cannot permanently transfer ownership of its water rights under the Utah Constitution and outlined two procedural options: execute a long-term lease with an annual temporary change application, or file a change application to move the town’s point of diversion back to the cemetery well while the town retains legal title to the rights.

The council favored the latter approach — returning the point of diversion to the cemetery well while keeping legal title with the town — because it simplifies tracking. Council members directed that the cemetery district must install a physical meter to capture usage for annual reporting and that staff determine the amount of water to be diverted to the cemetery.

Next steps: Town staff and the cemetery district will coordinate meter installation and a formal change-of-diversion application. The council did not set a final diverted-amount at the meeting; that figure remains to be determined and will be reported back to the council.