Legislative audit finds drinking water connection requirements outdated

Legislative audit finds drinking water connection requirements outdated

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SALT LAKE CITY — Utah legislative leaders expressed dismay Thursday over the findings of an audit probing state drinking water system requirements, saying current rules are unsustainable, outdated and in need of a major statutory fix.

Senate President Wayne Niederhauser, R-Sandy, wondered aloud why such old rules — set in 1979 — continue to govern system hookups when it is clear the amount of water at play will not sustain population growth in the state.

"The idea we are going to maintain that per person (residential connection requirement) that we have today and accommodate the doubling of population, that is unrealistic," Niederhauser said during a meeting of the Legislative Audit subcommittee.

The audit determined this: Even though indoor residential water use has declined across the state over the past three decades, Utah regulators have not changed connection requirements for new development in 35 years and are unable to justify the current standards, which have not been formally reviewed in that time.


When we are dealing with something so important to us, so essential, as water, there is always new thought and innovation, and we always need to challenge our assumptions. Thirty-five years? To me that's unconscionable.

–Jennifer Seelig, Utah House minority leader


For House Minority Leader Jennifer Seelig, D-Salt Lake, the lack of agency consideration of a change was appalling.

"When we are dealing with something so important to us, so essential, as water, there is always new thought and innovation, and we always need to challenge our assumptions. Thirty-five years? To me that's unconscionable," Seelig said.

The audit performed by the Utah Office of Legislative Auditor General and formally released Thursday led the Utah Division of Drinking Water to say it wants a statewide water use study, with a funding proposal due this fall for a comprehensive examination.

Ken Bousfield, division director, said minimum state requirements of water systems are derived from three key considerations: capacity, storage and pipelines. Those requirements have to meet average daily demands, peak use and beyond peak use — a very hot day, lots of residential water use and a big fire on top of that, for example.

But the audit said those requirements the division imposes for minimum sourcing requirements — what water needs to be available for a hookup — are excessively high and could be driving up costs for municipal water systems.

As an example, the audit pointed to average indoor water use in three large urban areas that is at 40 percent to 50 percent less than the 400-gallon-per-day average requirement.

Developers have complained the stringent source capacity requirements are in turn driving high water-related costs in the form of pricy impact fees and water rights purchases. In St. George, new development brings impact fees of nearly $13,000 per connection for culinary and outdoor water use, according to the audit.


Water is one of the state's most valuable resources and as such should be carefully tracked and accurately reported.

–Utah legislative audit


The auditors said they performed the review of the requirements and the division to provide good information to policymakers on one of the state's most critical resources.

"Water is one of the state's most valuable resources and as such should be carefully tracked and accurately reported," the audit said.

The audit found an outdated system that is in need of a regulatory overhaul so actual use of water is tracked, with auditors also concluding it should be easier for developers to opt out of the requirements so water is not unnecessarily plugged into a delivery system that increases costs.

Auditors also said that the peak standard of 800 gallons per day per connection appears excessive, with that peak indoor demand as much 57 percent below what is actually being required by the state.

While systems have built-in capacity to cover leaks and must meet public safety considerations for fire suppression, the audit found nothing to justify the peak requirement or what would have prompted the requirement in 1979.

Auditors found the opposite challenge with outdoor watering systems, with use that is far eclipsing requirements that appear too low.

Legislative Audit
Utah Drinking Water Usage
  • Provo's average daily outdoor demand is nearly double the state standard and the peak is at 1,248 gallons per day per connection, also nearly double the state standard of 640 gallons per day
  • Sandy residents use nearly twice the amount of water required by the average day state standard
  • Salt Lake City's average daily outdoor demand is 7 percent higher than state supply standards

"While our work showed that the typical homeowner uses less indoor water than the state regulations require, it appears a typical homeowner uses far more outdoor water than the amount required by Division of Drinking Water's standards," the audit said. "The reason for this discrepancy is that the outdoor standards assume a perfectly efficient application of outdoor water."

In fact, auditors found anything but efficient use of water outdoors, pointing to 2011 numbers that show the actual amount of water use exceeding requirements by 140 percent.

"The reason the state standards are lower than actual outdoor water use is that the standards are based on inaccurate assumptions and outdated research, the audit said. "Specifically, the standards are based on 1970s-era research into the watering needs of orchard grass."

For example:

• Provo's average daily outdoor demand is nearly double the state standard, and the peak is at 1,248 gallons per day per connection, also nearly double the state standard of 640 gallons per day.

• Sandy residents use nearly twice the amount of water required by the average day state standard.

• Salt Lake City's average daily outdoor demand is 7 percent higher than state supply standards.

Auditors say it is unclear what the effects of having such a low standard are, but expressed concern because the standard itself is derived from a 1978 soil conservation survey that looked at what water was necessary to grow crops. The majority of households have turf grass and gardens, with different watering requirements.

Having too low of a standard has not led to outdoor water shortages, except in Saratoga Springs, which built a system using the state's source requirements, the report noted.

The auditors, however, recommended updating the outdoor sourcing requirements as well, with numbers based on actual use data.

Bousfield said it is clear the statewide study is needed to determine if adjustments need to made to the current requirements.

Part of the problem in crafting those requirements is being able to ensure a system can meet demands if peak use is eclipsed, he added.

"It would not do to say to the fire department that your water is on backorder and to schedule the fire for a different time," Bousfield said.

The audit was referred to multiple legislative committees for more review and discussion, as well as possible action in the upcoming session.

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Amy Joi O'Donoghue

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