Public health director defends limits on water hauling as Deer Springs owners press for clarity

Jeremy Roberts, environmental health director for the Southwest Utah Public Health Department, told the Kane County Commission on Oct. 28 that the department's nonpublic drinking water regulation is intended to protect public health by setting minimum standards for nonpublic drinking water systems across Beaver, Garfield, Iron, Kane and Washington counties.

Roberts, who said the regulation's last major revision was in 2015 (with later small updates and a noted revision date of 04/20/2022), described how the rule addresses water hauling. He said water hauling is prohibited for commercial use, which the department now interprets to include short-term rental properties, and that hauling may be allowed for seasonal residential or recreational properties with access of less than 180 days per year. "Water hauling is permitted or is prohibited for commercial use including use for short term rental properties," Roberts said. "Any hauled water shall be drawn from a public water system approved by the division of drinking water."

The regulation, Roberts said, is a health-department rule: local public health department staff prepare and administer it and the Board of Health approves revisions. He added that, statewide, only three of Utah's 13 local health departments currently allow water hauling (San Juan, Southwest and Central) and that the department applies the rule during septic permitting and when investigating potential waterborne outbreaks.

Residents and property owners raised concerns during public comment. Michael McNichols said he only learned about the presentation the night before and asked to be notified in advance of changes that could affect Deer Springs Ranch's state-approved water system. Larry Clarkson, a contractor and former Deer Springs board member, told the commission the 180-day access threshold can make private lots effectively unusable because drilling a private well may be cost-prohibitive. "If you make people's private property unusable ... they're still going to use it an unhealthy way," Clarkson said, arguing that if hauled water is safe and adequate it should be allowed regardless of an arbitrary day count.

Roberts said the department has taken concrete follow-up steps. He told the commission staff had sent a letter to an individual seeking further subdivision at Deer Springs and requested an audit of the public water system and associated water rights to ensure the system is not being overused. Roberts said staff discovered Deer Springs now has year-round access in most places; as a result, new septic applications there will generally no longer qualify for water hauling and will need either a connection to public water or a drilled well. Roberts said existing structures that currently haul water will be allowed to continue (grandfathered), but new septic permits will need to meet the potable-water requirement.

County commissioners and Roberts discussed the process to change the rule if desired; Roberts said changes would be considered at the public health board steering committee and require a vote of the multi-county Board of Health. Chair invited residents to attend the steering committee meeting (described during the meeting as the 2nd Wednesday of the following month) and offered to follow up with the health department.

The county did not vote on any regulatory changes at the meeting; commissioners recorded the information and directed staff and interested residents to the health-department process for potential rule changes.

The commission noted the next procedural step is the Southwest Public Health Board's public meeting slot for the steering committee, where interested residents can present concerns or request reconsideration of the rule.