Beginning in 1888, the city acquired extensive water rights to Wasatch Canyon stream flows through exchange agreements with irrigation companies and control over the city's watersheds through state and federal legislation. Under state law, the city can only sell its surplus water outside the city's limits. The city has determined that except for snowmaking, fire protection and water from possible canyon springs it does not have surplus water for sale in its watershed canyons. This determination is based upon the following: canyon waters are extremely valuable to the city because they are the city's closest high quality water supplies; water from canyon streams can be delivered to most city customers by gravity flow without pumping; and water used for snowmaking affords a degree of storage as it is usually the last to melt. Additionally, the city has made major capital expenditures for facilities to treat water coming from the canyons and they operate most economically when they have greater quantities of water to treat. Also, controlling issuance of new permits for water supply in the watershed area hereunder is consistent with the city's 1989 watershed management plan for the protection of the city's watersheds.
A. No permits issued prior to enactment of the ordinance codified herein may be amended except as to the sources of the water supply. No permit shall be amended to enlarge the service boundary or increase the water supply.
B. No new use of Salt Lake City water in the watershed areas of the city shall be made by any individual whomsoever without such person first obtaining a permit for such water use from the city. Subject to the other terms of this chapter, a permit may be issued on an interruptible basis only to:
1. The owner, or lessee where the owner is a governmental entity, of property in a watershed area for the purpose of supplying water from an approved spring for a residence located on such property;
2. The owner, or lessee where the owner is a government entity, of property in a watershed area for snowmaking or fire protection;
3. The federal government, the state of Utah or a political subdivision thereof for the purpose of supplying water for use on property owned or leased for use by such governmental entity.
C. The city shall not be required to issue a permit in any case, but may do so in its sole discretion as provided in this section. The city may include in any permit conditions for spring development or use.
D. All permittees take water at their own risk where the source of supply is other than treated water from the regular city pipeline system, and all permits issued shall so state.
E. When the approved spring which an applicant desires to use is a spring which is already being used under a permit from the city, the city shall not issue a new permit unless: 1) utilization of the water from such spring by the applicant will not interfere with the supply to the other then existing permittees using such approved spring, 2) the then existing permittees using such approved spring who own a water system shall approve of such new connection to their system, except for the spring box or other spring capturing device, and 3) the existing permit shall be amended in a manner satisfactory to the then existing permittees and the city to take into account required conditions 1) and 2) of this subsection. The city retains the right to authorize a tap or connection for a new permittee to any spring box or other spring capturing device.
F. An applicant for a permit may be required by the city to supply as part of the application an environmental report with respect to the proposed water system.
G. Any change application required to be filed with the state engineer for the use of the water from an approved spring shall be filed by the permittee only with the city's prior written approval in the city's name at the permittee's sole expense.
H. The geographic area served pursuant to an issued permit shall not be expanded beyond the original geographic area which is to be served under the permit on the date it is issued. (Ord. 50-93 § 1, 1993)