To: Spencer Cox,
Subject: How does a Water District Have No Water? How does Alta own no water?
Date: Sat Sep 20 17:30:59 MDT 2014
34,000 acres in Salt Lake County are inside the service area of Big Cottonwood Canyon (Water & Sewer) District which has no water.
Why are petitions by land owners for water to Big Cottonwood Canyon (Water & Sewer) District non-responsive after 3 years?
Because this small public water supplier is so afraid to even ask for water let alone buy some water or co-sign a water transfer into its service area.
In Utah we have a public water supplier and sewer district created by a County Council Resolution which is so fearful of Salt Lake City Public Utilities' $3.7 Billion power that its afraid to act to fulfill its chartered mandate for public welfare and safety. In Utah County, we have a small public water supplier association for small towns in South Utah Valley being sued by Central Utah Water Conservation District which claim they are holding more water than they can beneficially use in 40 years. Public water suppliers have 40 year use it or loose it laws. Farmers (public food providers) have 7 year use it or loose it laws.
ARE WE VIOLATING FEDERAL LAWS? There are federal laws which prohibit anti-competitive mergers and business practices that seek to prevent hard-driving competition, such as monopolistic conduct, attempts to monopolize, and conspiracies in restraint of trade. WHY SHOULDN'T $3.7 BILLION UTILITIES OPERATING IN 3 COUNTIES
WHY SHOULDN'T $3.7 BILLION SLC UTILITY OPERATING IN 3 COUNTIES BE SUBJECT TO ANTI-TRUST, AND FAIR BUSINESS PRACTICES ACT?
SLC has spent 100 years creating an absolute water monopoly in 200 square miles of the Wasatch Mountains to take private property for public recreation purposes without paying just compensation. Private land owners in Big Cottonwood Canyon's 34,000 acres can't get water from their water district, SLC, Metropolitan Water District of Salt Lake & Sandy, Sandy City, Murray City, Midvale, Jordan Valley, or Central Utah Water Conservancy District.
All petitions for water are denied or filed in the trash can. Water companies like Holladay Water Company which could issue water contracts to enable building permits are threatened with litigation or water forfeiture if they allow their canyon water to be used in the canyon.
While unlimited public development is the canyons for bikes lanes, back country skiing, commercial skiing, hiking, camping, and picnicking, and commuter skiing is acceptable. Having a cabin in the 34,000 acre canyon is not.
Planning and zoning in the canyons is a county issued. The county authority is the proper venue for development in the canyons not the Utah Division of Water Rights where a 19 step water transfer process is game by SLC to mis-use water to deny building permits.
Indoor water use is 95% return flow and 5% depletion (evaporation). According to the latest 2009 State Water Study, an average house uses 173 gallons of water per day not the 400 gallon estimate which should be updated to 173 gallons per day to cut home mortgages $45 per month.
Cabins are used infrequently perhaps 30 days a year. The amount of water depleted would be about 30 x 8.65 gallons or 260 gallons of water.
Utah should adopt Nevada all land's right to a little water without a permit to protect private property rights, increase taxable land bases (more education dollars), and reduce the paperwork load in half at the Division of Water Rights. Micromanaging 260 gallons of depletable water is of no consequence to Utah's 60 million acre-feet of water (19.5 trillion gallons). If you had $19.5 Trillion dollars would you waste you time accounting for $260 when daily interest is 2.67 billion at 5%?
Yet this is what we are doing at the Division of Water Rights with its $9 million budget process water application that deplete as little as 260 gallons of water a year. This water transfer process can take ten years and cost taxpayers $50,000 in Division of Water Right staff time. Is it worth it to enable make water monopoly so powerful and expansive as to make a small public water suppliers afraid to make a phone call or write an email to ask for water from Utah's Water Monopoly, Water Cartel, or Water Conglomeration or whatever one wishes to call the Big 7 Public Water Suppliers which claim to provide water to 2.5 million Utah residents.
A solution to Water Monopoly is to have the AG's Office represent Central Utah Water Conservation District, and Nevada's little water for all land without a permit policy, and require impairment claims to be quantified in dollars and gallons.
Depleting 260 gallons a year for a cabin used 30 days is of no consequence to Utah. A tree can deplete 100 gallons per day without a water permit 365 days a year more or less depending on weather, but a private land owner can't use 8.65 gallons for 30 days without a permit which process can take 10 years and $300,000.
A 100 acre dry farmer can deplete 650,000 gallons per acre which is 65 million gallons without a water permit, but he can't build a house that depletes 8.65 gallons x 365 days = 3,157 gallons a year. The landowner can deplete 65 million gallons dry farming without a water permit, but not 3,000 gallons for his family without a water right. How does this make any sense unless water is being mis-used to control building permits by Water Cartel members for power and dollars.
It appears these issues need to be addressed in a reasonable and deliberate manner to restore private property rights to Utah land owners.
Date: Thu, Sep 18, 2014 at 3:06 AM
Subject: Water Petition
To: " firstname.lastname@example.org " < email@example.com >, " firstname.lastname@example.org " < email@example.com >, " Scott@skisolitude.com " < firstname.lastname@example.org >, " email@example.com " < firstname.lastname@example.org >, " email@example.com " < firstname.lastname@example.org >
CARDIFF CANYON OWNERS ASSOCIATION
9503 Hunts End Dr
Sandy, UT 84092
Big Cottonwood Canyon Special Improvement District
attn.: Board Members
8000 Big Cottonwood Road
Brighton, UT 84121
email@example.com Brian Martain Chairman of the Board
firstname.lastname@example.org Barbara Cameron Trustee and District Clerk
Scott@skisolitude.com Scott DeSeelhorst Trustee and District Treasurer
email@example.com Don Despain General Manager
RE: Petition for water contract
Dear BCCSID Board Members
Please accept this correspondence as a petition for assistance from the Big Cottonwood Canyon Special Improvement District (BCCSID) in obtaining the legal right to the use of water. As you recall in our letter of July 19, 2011 (attached), we made a similar request and suggested several dozen options to obtain the requested water. We would like to re-iterate that letter with emphasis on one particular option.
As you know, BCCSID and its predecessor was created by the Salt Lake County Council who declared that “the public health, convenience, and necessity require that the real property” in Big Cottonwood Canyon be served by an improvement district for water and sewer, which improvement district was created, and in 2011 expanded its service area to the entire canyon. We hope to collaborate on fulfilling the district’s charter to provide water in Big Cottonwood Canyon and support Salt Lake County’s public health and safety concerned which created the district.
For over 50 years, CCOA landowners have paid CUWCD property taxes with no water benefits. Our request now is that BCCSID obtain a water contract from the Central Utah Water Conservancy District. At full demand, the CUP develops and delivers about 251,750 acre feet of water annually for use by the people of Utah. The CUP delivers water under contract in a variety of situations similarly situated to Big Cottonwood Canyon. We would like to emphasize that our request is for legal/contractual right only, and that we will be completely responsible for all delivery infrastructure, as well as all associated costs of the contract.
We’d like the BCCSID to petition CUWCD for a contract for 25 acre-feet-enough for 125 domestic water units limited to 0.19 acre-feet per year water. The annual cost of the 25 acre-feet is about $7,500 per year. Again, we don’t want or need physical lines, just a paper water contract to utilize the wet surface waters on our properties.
This type of request is similar to the most common water delivery contract in the canyon, the surplus water sales contracts supplied by Salt Lake City which is the legal/contractual right absent delivery infrastructure and absent water quality guarantees.
Adding water service to the district is long overdue and could be a revenue source to increase the salary of the GM and pay down debt. After 50 years of paying property taxes for water to the CUP, if we are denied we want to consider the de-annexation process from the Central Utah Water Conservation District like 4 other counties have done.
Thank you for your thoughtful consideration in this matter. Please feel free to contact me at your convenience.
_/s/ Wayne Crawford________________
Wayne Crawford, President
Cardiff Canyon Owners Association
CCOA Petitioning members
Cardiff Canyon Owners Association 2011 Request for Water.pdf
Big Cottonwood Canyon Improvement District water sewer.pdf