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Planning Commission extends public hearing on ordinance to protect water conveyance facilities
Summary
The commission extended a public hearing for up to 60 days on a proposed ordinance to regulate canals, ditches, and drain tiles to allow more public comment; Commissioner Brandon East said the draft aligns with Utah Code 73‑1‑15.5 and aims to protect ditch operators' access and liability.
Box Elder County planning commissioners on Aug. 14 opened a public hearing on Ordinance Text Amendment Z25‑011, a draft ordinance intended to regulate existing water conveyance facilities (canals, ditches, and drain tiles), and unanimously voted to extend the hearing for up to 60 days to gather more public input.
Commissioner Brandon East explained the ordinance seeks to protect the rights and operations of facility owners. He told the commission that if an adjacent property owner develops without piping a ditch in accordance with Utah Code 73‑1‑15.5, the ditch operator could be left without maintenance access and exposed to increased liability. "It requires the property owner to have the pipeline engineered and also leaves opportunities for the facility owner to review the engineering and make reasonable suggestions," East said.
Public commenters, including Lee Summers, said adjacent fences or debris can prevent routine maintenance. Summers and another commenter urged protections so that operators can maintain ditches without encroachment. Commissioners discussed language and concluded more outreach would be useful; Commissioner Bonnie Robinson moved and Commissioner Jared Holmgren seconded a motion to extend the public hearing for up to 60 days to increase public comment and awareness at the County Fair. The motion passed unanimously.
The commission encouraged further public input and suggested staff solicit feedback during the County Fair before finalizing ordinance language.
