Representative Gage Froerer proposes the following substitute bill:


1     
WASTEWATER REUSE AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Gage Froerer

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill deals with the Wastewater Reuse Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies definitions and defines terms;
13          ▸     states that a publically owned treatment works shall file a change application if the
14     point of discharge is moved more than 660 feet from the previous point of
15     discharge; and
16          ▸     makes technical changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          73-3c-102, as enacted by Laws of Utah 2006, Chapter 179
24          73-3c-302, as last amended by Laws of Utah 2008, Chapter 382
25          73-3c-304, as enacted by Laws of Utah 2006, Chapter 179
26     

27     Be it enacted by the Legislature of the state of Utah:
28          Section 1. Section 73-3c-102 is amended to read:
29          73-3c-102. Definitions.
30          As used in this chapter:
31          (1) "Domestic wastewater" or "sewage" means:
32          (a) a combination of the liquid or water-carried wastes from:
33          (i) structures with installed plumbing facilities; and
34          (ii) industrial establishments; and
35          (b) any groundwater, surface water, and storm water that is present with the waste.
36          (2) "POTW" means a publicly owned treatment works as defined by Section 19-5-102.
37          (3) "Public agency" means a public agency as defined by Section 11-13-103 that:
38          (a) owns or operates a POTW;
39          (b) collects and transports domestic wastewater; and
40          (c) holds legal title to a water right[;].
41          [(d) is delegated the right to the beneficial use or reuse of water by the legal title holder
42     of the water right;]
43          [(e) is a water supplier; or]
44          [(f) sells wholesale or retail water.]
45          (4) "Return flow requirement" means return flow required under a water right.
46          [(5) (a) "Reuse authorization contract" means a contract or contracts among:]
47          [(i) a public agency proposing a water reuse project;]
48          [(ii) the owner or operator of a POTW that treats domestic wastewater proposed for use
49     in a reuse project;]
50          [(iii) the owner of a domestic wastewater collection or transportation system if the
51     reuse project will divert domestic wastewater directly from that entity's collection or
52     transportation system;]
53          [(iv) the legal title holder of the water right designated for use in the reuse project,
54     unless the legal title holder of the water right has delegated to another the right to the beneficial
55     use or reuse of the water;]
56          [(v) each water supplier not holding legal title to the water right designated for use in
57     the reuse project that sells or delivers water under the water right designated for use in the
58     reuse project;]
59          [(vi) each entity that will engage in the wholesale or retail sale of water from the water
60     reuse project; and]
61          [(vii) the retail water supplier retailing water that will be replaced by reuse water
62     supplied under the proposed reuse project.]
63          [(b) A reuse authorization contract shall:]
64          [(i) provide that a water supplier that is a party to the agreement consents to the use of
65     reuse water under each water right, in which the water supplier has an interest, that is identified
66     for use in the water reuse project; and]
67          [(ii) provide that any proposed water reuse project based on the contract shall be
68     consistent with the underlying water right.]
69          [(6)] (5) "Reuse water" means domestic wastewater treated to a standard acceptable
70     under rules made by the Water Quality Board under Section 19-5-104.
71          (6) "RPTOW" means a regional, publicly owned treatment works, as defined by
72     Section 19-5-102, that treats municipal waste water from more than one public agency or
73     culinary water company.
74          (7) "Water reuse project" or "project" means a project for the reuse of domestic
75     wastewater that requires approval by the Water Quality Board in accordance with Section
76     19-5-104 and the state engineer under Section 73-3c-302.
77          (8) "Water right" means:
78          (a) a right to use water evidenced by any means identified in Section 73-1-10; or
79          (b) a right to use water under an approved application:
80          (i) to appropriate;
81          (ii) for a change of use; or
82          (iii) for the exchange of water.
83          (9) "Water supplier" means an entity engaged in the delivery of water for municipal
84     purposes.
85          Section 2. Section 73-3c-302 is amended to read:
86          73-3c-302. Application to the state engineer.
87          (1) A public agency proposing water reuse shall apply to the state engineer.
88          (2) An application for water reuse under Subsection (1) shall be made upon forms
89     furnished by the state engineer and shall include:
90          (a) the name of the applicant;
91          (b) a description of the underlying water right, including the priority date of the water
92     right;
93          (c) an evaluation of the underlying water right's diversion, depletion, and return flow
94     requirements;
95          (d) the estimated quantity of water to be reused;
96          (e) the location of the POTW;
97          (f) the place, purpose, and extent of the proposed water reuse;
98          (g) an evaluation of depletion from the hydrologic system caused by the water reuse;
99     and
100          (h) any other information consistent with this chapter that is requested by the state
101     engineer.
102          [(3) An application under Subsection (1) shall include a copy of a reuse authorization
103     contract for water reuse proposed by a public agency for any underlying water right not owned
104     by the public agency.]
105          [(4)] (3) In considering an application for water reuse, the state engineer shall comply
106     with:
107          (a) Section 73-3-6;
108          (b) Section 73-3-7;
109          (c) Section 73-3-10; and
110          (d) Section 73-3-14.
111          [(5)] (4) In determining whether a proposed water reuse is consistent with the
112     underlying water right, the state engineer shall conclude that a proposed water reuse is
113     consistent with the underlying water right if:
114          (a) the use of the reuse water does not enlarge the underlying water right; and
115          (b) any return flow requirement of the underlying water right is satisfied.
116          [(6)] (5) (a) The state engineer shall approve a water reuse application if the state
117     engineer concludes that the proposed water reuse is consistent with the underlying water right.
118          (b) The state engineer may:
119          (i) deny an application for water reuse if the proposed water reuse is inconsistent with
120     the underlying water right; or
121          (ii) approve the application in part or with conditions to assure consistency with the
122     underlying water right.
123          [(7)] (6) A public agency with an approved reuse application shall submit a report
124     annually, as directed by the state engineer, concerning the ongoing water reuse operation.
125          (7) (a) A RPOTW may apply to appropriate water discharged from the POTW for use
126     in a water reuse project, and an application to appropriate shall be made in accordance with
127     73-3-8.
128          (b) In evaluating whether there is unappropriated water in the source under that section,
129     the state engineer shall consider the criteria set forth in Section 73-3c-302(2).
130          (c) The diversion and use of water for the water reuse project shall be governed by the
131     date of the application to appropriate.
132          (8) The state engineer may make rules in accordance with Title 63G, Chapter 3, Utah
133     Administrative Rulemaking Act, to implement the provisions of this chapter.
134          Section 3. Section 73-3c-304 is amended to read:
135          73-3c-304. Change in point of discharge.
136          (1) The point of discharge of water from a POTW may be changed if the Water Quality
137     Board determines that a change is necessary:
138          (a) for treatment purposes;
139          (b) to enhance environmental quality;
140          (c) to protect public health, safety, or welfare; or
141          (d) to comply with:
142          (i) rules created by the Water Quality Board in accordance with Section 19-5-104; or
143          (ii) the POTW's discharge permit.
144          (2) Before changing the point of discharge from a POTW under Subsection (1), the
145     Water Quality Board shall consult with the state engineer.
146          (3) A change application shall be filed in accordance with Section 73-3-3 if the point of
147     discharge for a water reuse project is moved more than 660 feet from the previous point of
148     discharge.