Utah County amends ordinance to require notice forms for new permits when water rights may be affected

Utah County commissioners voted unanimously to amend Utah County Ordinance section 6.04 to require that no residence or structure with domestic water or sewage facilities be used or have a permit issued until a potable water supply and sanitary disposal facility approved by the Utah County Health Department are provided. The amendment requires the lot owner to sign and record a restrictive covenant, acknowledgement and disclaimer in a form acceptable to the Utah County Commission that notifies future owners that a Division of Water Rights determination or court adjudication may reduce water quantity, pressure, flow or delivery, and that the county is released from liability for such reductions.

County Attorney Rob Moore urged the commission not to embed the text of the notice form into the ordinance itself, saying that keeping the form separate preserves flexibility for staff and the commission. Community development staff presented a version that omits a previously proposed expert‑statement subsection and simplifies the replacement‑water language in subsection b to allow grandfathered quantity, pressure and flow to be provided if a source is reduced or eliminated. Staff also proposed one exception allowing the commission to approve a lesser water amount where the ordinance permits it.

Public commenters from canyon communities urged caution. Karen Testing, a homeowner in the Cottages at Harbor Creek, asked the commission to reconsider the phrase “restrictive covenant,” saying she worried about resale value and legal burdens tied to a recorded covenant. Janice Reeb of Hobble Creek Canyon summarized watershed and priority‑date concerns and urged earlier consultation in subdivision review to surface water‑rights risks. Another resident asked what happens between ordinance adoption and approval of the form; staff said the ordinance becomes effective 15 days after approval and the commission can place a form on an upcoming agenda so building permit applicants would have a form available at the counter.

Commissioners discussed whether hauled/trucked water could satisfy pressure and flow requirements in emergencies, and staff said permanent use of hauled water is generally prohibited but emergency use could be considered under health rules. The commission also agreed to exempt remodels and additions on existing permitted residences or structures from the new recorded‑form requirement. Commissioner Sakovich (speaking in the meeting) moved to approve the item as read by community development staff; another commissioner seconded. The motion passed on a 3–0 vote.

The ordinance change applies countywide for new permits; staff and the county attorney said the county will work quickly to present an approved form at the counter so permit applicants are not delayed. The commission noted that release recordings could be filed if an adjudication is later resolved.