Legal Basis and Planning Document Questions
1. Which counties are required to include a water use & preservation element?
All Utah counties must adopt an integrated water use and preservation element in their general plans by December 31, 2025, under Utah Code §17‑27a‑403 and §10‑9a‑403, as expanded by SB 110 (2022) and SB 76 (2023).
2. What legislative updates triggered this requirement?
- SB 110 (2022) mandated integrated water & land planning under Utah Code §10‑9a‑403 (municipal) and §17‑27a‑403 (county).
- SB 76 (2023) clarified coordination requirements and added obligations for counties to consult with water providers and consider regional water system planning.
3. What must the water element include?
Per §17‑27a‑403(2) and guidance:
- Effects of permitted/future development on water demand & infrastructure
- Methods to reduce water demand/per-capita use in future development
- Methods to reduce water demand/per-capita use in existing development
- Operational changes to eliminate wasteful water practices
4. Who must counties consult during planning?
Counts must:
- Consult with the Division of Water Resources on how plan elements affect water supply, including the Great Salt Lake.
- Notify and request feedback from public water systems and irrigation/canal companies on impacts to supply, distribution, and consider regional system planning.
5. What does “regionalization of public water systems” mean?
SB 76 requires counties to consider options and benefits of consolidating or coordinating public water systems to achieve efficiencies and resilience.
6. Are there financial/institutional supports?
Yes. SB 76 funded the Division of Water Resources, Division of Drinking Water, and Department of Agriculture with ongoing appropriations of $130k each, plus one-time grants ($500k) to support coordinated water planning.
7. What happens if counties don’t comply?
Non-compliance by December 31, 2025 precludes adoption of compliant general plans and may risk eligibility for state technical assistance or funding. Municipal/county entities without compliant plans cannot qualify for state water project support.
8. How often must the water element be reviewed or updated?
These General Plan updates must be adopted by the December 31, 025 deadline. Utah Code doesn't specify update cycles within §17‑27a‑403; however, standard practice follows plan update cycles. This is typically every five years, or as part of general plan revisions.
9. Does this affect private property owners or just county operations?
The element must address both:
- Strategies to reduce per-capita use in future and existing private development
- Operational changes in county facilities and practices to reduce waste
10. Is county compliance tied to water conservancy district or water system plans?
Indirectly. While counties' general plans are required by land‑use law, public water systems and districts must maintain separate water conservation plans under the Water Conservation Act, which reviewed every five years to remain eligible for state loans.
Property Owner-Based Questions
1. What is xeriscaping? Will this county plan require me to xeriscape my property?
Xeriscaping is a landscaping approach that reduces or eliminates the need for irrigation by using drought-tolerant plants, efficient irrigation, and water-conserving design principles. The county’s water use and preservation element is a planning policy document, not a direct regulation on existing landscaping. However, the plan may lead to future ordinances or incentives that promote water-wise landscaping for new developments or significant remodels.
2. Will the county force me to remove my lawn?
No. The general plan itself will not force removal of existing lawns. It may recommend voluntary programs, rebates, or establish requirements for future development projects to reduce turf area or replace it with water-efficient landscaping.
3. Could my irrigation practices be regulated because of this plan?
Possibly. The county plan itself will not directly regulate irrigation schedules but may recommend county ordinances addressing outdoor watering, especially during drought. Many cities/counties already prohibit daytime watering or mandate watering schedules.
4. Will this plan affect my property taxes?
Not directly. The plan will not impose a tax, but counties could invest in water infrastructure or conservation programs in the future, potentially impacting budgets and rates.
5. Does this mean I will need to retrofit my irrigation system?
No immediate requirement. The plan may recommend rebates or incentives to encourage retrofits (like converting spray irrigation to drip), but won’t require changes unless the county adopts separate ordinances.
6. If I remodel my property, will new landscaping rules apply?
Possibly. The plan itself won’t impose rules, but it may guide the adoption of landscape ordinances affecting new developments and substantial remodels, including limits on turf areas or requirements for water-wise plants.
7. Will this change the county’s approach to water rates?
The plan may influence future water rate policies by encouraging tiered rates to promote conservation, but it does not itself set water rates.
8. Can the county restrict my well water use under this plan?
No. The plan will not change private water rights or private wells, which are regulated by the Utah Division of Water Rights, not the county.
9. Will agricultural irrigation on private property be affected?
The plan may recommend actions or policies to improve irrigation efficiency countywide, but it cannot directly impose requirements on agricultural irrigation without additional ordinances or state action.
10. Can I expect financial incentives if I voluntarily conserve water?
Possibly. The county may establish rebate programs or incentives as part of implementing the plan, but these would be separate actions requiring adoption by the county council.
