UTAH WATER LAWS & REGULATIONS

KNOW THE LAWS ABOUT CLEAN WATER ON YOUR SMALL ACREAGE
  • WATER POLLUTION
  • SURFACE, WELL AND RAIN WATER​
  • WETLANDS
  • STREAM BANK ALTERATIONS
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WATER POLLUTION

​The Clean Water Act (CWA) (implemented in Utah by the Utah Division of Water Quality) differentiates 2 major categories of water pollution; point source and nonpoint source pollution.  The laws and regulations concerning these two categories are quite different. See below for more information and contacts to help you identify best practices on your acreage to make sure you “don’t share” these nonpoint source pollutants your downstream neighbors.
POINT SOURCE POLLUTION
Point source pollution comes through a pipe or other conduit from specific dischargers (such as from an industry, waste water treatment plants, and some dairies and animal feeding operations).  Point source pollution cannot be discharged without a UPDES permit (Utah Pollution Discharge Elimination System). 
learn more > >
​The permit identifies the type and quantity of pollutant(s) that can be discharged, as well as specific discharge locations and also accounts for river or lake’s total capacity to assimilate the pollutant.   The permit also requires regular monitoring and reporting.  A violation of any of the permit requirements may result in a hefty fine.  
ADDITIONAL RESOURCES
For more information on the UPDES permits, see Utah Pollution Discharge Elimination System
This permit and penalty system has been successful in reducing most point source discharges in the nation.  In fact, most of the pollution problems today come from the other category of pollutants, called nonpoint source pollution.  ​
NONPOINT SOURCE POLLUTION
Nonpoint source pollution (NPS) refers to any pollutants from diffuse sources, such as snow or rain runoff over land, precipitation, dust, or pollutants generated by a huge suite of different land uses.  Permits are NOT required for nonpoint sources because there are so many  possible contributors.  Instead, the Clean Water Act promotes a “voluntary, incentive based” approach.  
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Nonpoint source pollution includes materials washed off the land surface by snowmelt  or rain,  carried by precipitation (such as dust, atmospheric nitrogen or acids),  that enter through erosion from exposed banks on rivers, agriculture  or construction sites,  and a huge range of other sources.  These sources are hard to “point to”, some are from natural sources, and almost all of us contribute to at least some of these sources during our day to day activities.
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The CWA and Utah’s DWQ take a “voluntary, incentive based” approach to these nonpoint source pollutants.   ​​To help reduce nonpoint source pollution, government agencies and other partners inform citizens on the types and impacts of nonpoint source pollution as well as “best management practices” (BMPs) that can be adopted to reduce this type of pollution.  Incentives to switch to these BMPs include grants and loans, technical support, and additional education and outreach.  
ADDITIONAL RESOURCES
Learn more at USU Extension Water Quality 
UTAH CODE
Throughout this website, you will find information and contacts to help you identify and use best practices to prevent or reduce water pollutants.  Most of the pollutants generated by small acreage farming is considered nonpoint source pollution, so there are no water quality regulations governing these.  The Best Management Practices are voluntary, although there may be incentives (technical support or loans/grants) to help you comply with best practices. That said, some of the activities on a small farm are regulated by Utah Code.   See below for a quick summary of these. ​
WELLS
  • Unlike municipal water sources, private wells are NOT tested or regulated for drinking water contaminants. For more information, see the Testing & Treating Your Water tab on the Protect Your Well page.
  • Some minimum separation distances between wells and potential contaminant sources  are required by Utah Administrative Code R317-4-4.3 while other separation distances are strongly suggested. For more information , see the Risks to your Water tab on the Protect Your Well page.

utah's recommended minimum SEPARATION distance
between a well & potential homestead contamination sources

DISTANCE
POTENTIAL HOMESTEAD SOURCES OF CONTAMINATION
5 feet
nearest dwelling, property lines
10 feet
​clear water drain, cistern 
15 feet
​sanitary or storm sewer, connected foundation drain 
25 feet
​​sewer lines, nearest stream, lake, pond or ditch 
50 feet
​septic tanks, milk house floor drain, wastewater holding tank 
100 feet
​septic tank drainfields*, livestock pen or yard, manure pile, silo, 
.
sanitary or storm ​​sewer, chemical storage
​1500 feet
​uncovered salt or salt mixture storage
  • ​Utah Code establishes state standards for construction of new wells (Utah Administrative Code R655-48.2). For more information, see the Well Construction tab on the Protect Your Well page.
  • Unused and abandoned wells can be dangerous and also provide direct conduits of pollutants directly to groundwater.  These wells should be properly closed, according to R655-4-14.  For more information, see the Unused Wells tab on the Protect Your Well page.​​
SEPTIC SYSTEMS
Utah code does not require a licensed contractor for septic system installations.  If they wish, landowners can do this themselves, however, septic systems for private homes must be installed according to Utah Administration Code R317-4.  The Utah Division of Water Quality establishes basic rules for septic tanks statewide, but counties may have establish more rigorous rules and may also allow alternative systems.  Check with your county health department.  Contact your local county health department to find out about site specific requirements, and to find out how to get your site inspected to assure that it follows the county and state requirements.  
Fertilizers
In most cases for small acreages, any pollution from fertilizer activities (storage, mixing, and use) are considered nonpoint sources.  Therefore, these are NOT regulated, but you should still pay close attention to reduce any excess fertilizers from entering waterways or groundwater. 
If you spill liquid fertilizer in an uncontained area, you should contact the DERR Spill 24 hour hotline immediately to determine what steps need to be taken to prevent the fertilizer from contaminating ground or surface waters.  For more information see the 'Spill Clean up and Disposal' on the Fertilizer Management page.
mANURE
Most small farms do not keep livestock at high enough numbers to be considered a large Concentrated Animal Feeding Operation, and thus would not automatically require a UPDES discharge permit. However, if you keep animals under conditions that would be considered an Animal Feeding Operation (AFO), you might fall under Utah’s “Permit by Rule” regulations.  

To lo learn more about water quality rules and regulations concerning agricultural waste management, see USU’s  Producer’s website.  For a quick review, see Utah’s AFOCAFO Regulations Brochure.  For more information, contact Don Hall at dghall@utah.gov or Rhonda Miller at USU Extension (Rhonda.miller@usu.edu).   
pesticides
Labels are a legally binding document that identify limitations on use, storage, and disposal.  Some pesticides require a licensed applicator.  See the Proper use of Pesticides page for tips and information on managing, storing and applying pesticides safely and legally.   
Utah Code 19-5-114 requires that spills of substances that could pollute waters of the state be reported immediately to the Utah Department of Environmental Quality's spill hotline.  
fuel storage
​Even small volumes of fuels can contaminate large volumes of surface or ground water.   Always practice best water quality practices when handling fuels.  See the all information on the Fuel Storage page, with special attention to the 'Monitoring All tanks & Valves' for leaks in UST tab. 

Utah Code regulates spills of any substances which could pollute the waters of the state, and specifically spills or discharges of petroleum products.  See DERR’s quick reference table (PDF) for immediate actions required with these or other discharges or spills, or contact DERR at 801-537-4100 with questions. 
You should also talk to your local fire department about a Spill Prevention Control and Countermeasure Plan.  See the 'Take Action' box under AST Special Considerations.

If you store fuels in an above ground tank with less than 660 gallon capacity, Utah code does not require special permits UNLESS your tank is in a “contamination zone” for a community water supply or in an environmentally sensitive location (in a flood plain or in an area with shallow groundwater.   See the 'Special Considerations' section of the Above Ground Storage Tank tab for contacts and more information about a Spill Prevention Control and Countermeasure Plan, and placement of tanks in sensitive areas. 

Underground storage tanks are no longer recommended for small farm operations because they are hard to monitor for leaks.  Storage tanks with a capacity of less than 1,100 gallons fall under the same code as above ground tanks (see above).  Larger Underground tanks are not regulated (see Regulated USTs section of the Fuel Storage page).  
hazardous materials
Hazardous materials is a term than includes many different substances and products that can cause significant short term or long term damage to people, animals or the environment.   See the 'What Are Hazardous Materials' tab on the Hazardous Materials page to increase your awareness of potentially dangerous materials on your property and to learn how to store these properly. 
Utah Code specifically regulates the handling and potential spills of some hazardous materials.  See DERR’s summary table of events that require a notification and response within 24 hours. 
Utah Code also covers disposal of hazardous waste.
spills
​Farming operations may inadvertently results in spills of substances that may harm Utah’s water quality.  See this table from the Utah Division of Environmental Response & Remediation for a quick reference the types of spills that must be reported, contact information, and more.  For quick reference, print out this document and post it where you can find it quickly in case of an emergency, fire, or uncontained spill.

USE OF SURFACE WATER, WELL WATER AND RAIN WATER ON YOUR PROPERTY

In Utah, as in the entire western United States, you must own the water right for any surface or groundwater you use on your property.  These water rights are considered “real property” and are bought and sold separately from real estate.  Water rights provide a finite amount of water for specific purposes on your property.  
Before you purchase land that you intend to use for anything requiring water (horses, other animals, pasture, gardens or orchards) make sure you can also purchase the necessary water rights for that land.  Otherwise, you may end with land that has no usable water. 
Note that municipal water may be an option if your land is in a municipal service area.  This can be expensive, however, especially if you use large volumes since many community systems encourage water conservation by increasing the cost of water when it’s used at high volumes.    
 SURFACE WATER RIGHTS
The Utah Division of Water Rights manages water rights in Utah. 
GROUNDWATER RIGHTS
Groundwater from wells and springs also requires a water right.  In fact a licensed well driller cannot even start a well until you can demonstrate that you have a legal right to the water.  While some areas of Utah are open to new water rights, others do not have additional available water rights.  In these cases you would need to acquire part or all of an existing water right and legally transfer the right to your well.
RAINWATER
As of 2010, some rainwater can now be legally harvested on your property.  You may collect up to 100 gallons without registration and up to 2,500 gallons/year if you have registered with the state. 

WETLANDS

The densest and most well-known concentration of wetlands in Utah are found around Great Salt Lake, though other wetland complexes and smaller wetlands are found throughout the state. In total they cover about 1% of the state’s land area.  Wetlands are extremely important in many ways:  they absorb and slow down rain and snow runoff, which can moderate flooding and also help recharge groundwater.  As water moves through wetlands, many pollutants are trapped or taken up by the wetland plants.  Finally, wetlands provide diverse habitats that are home to many birds and other wildlife.   
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Because these areas are so important and so rare, wetlands are protected by federal law.  Attempting to drain, develop, or otherwise modify these lands without the appropriate permits or permissions can result in penalties.  
 HOW TO IDENTIFY A LIKELY WETLAND ON YOUR PROPERTY: 
  • Check for water levels:  Although many wetlands do not ever have standing water, subsurface water may be very close to the surface.    Check to see if the ground is “squishy” when you walk on it for at least 3 weeks during the growing season, when plants are starting to emerge.
  • Soils in wetlands are different from other soils because oxygen levels in saturated soils can be very low.  This affects the microbial and chemical processes that form soils.   If the soil smells like rotten eggs, it is likely a wetland soil.
  • Some plants are found only in wetlands.  Look for stands of bulrushes or cattails or other plants that are adapted to living in saturated soils.  
  • Check the map of Utah wetlands created by the Utah Geologic Survey to see if your property is included in the National Wetlands Inventory or overlaps areas with hydric (e.g., wetland) soils.   Note, however, that smaller wetlands may not show up on the map and some of the mapping is out-of-date. 
  • If your possible wetland is adjacent to standing water, then it is likely to be a wetland[DM1] .  However, wetlands may also stand alone, with no obvious surface water connection to other water bodies.  
IF YOU THINK YOU HAVE A WETLAND
If you think you may have a wetland on your property, do not fill it, drain it, drive heavy equipment (e.g. tractors) on the land, or otherwise modify it until you have checked with the U.S. Corps of Engineers.  The U.S. Army Corps of Engineers is the lead federal agency designated with identifying and protecting wetlands.  Their wetland specialists can definitively identify an area as a wetland and can help you decide how you wish to manage the land. 
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In some cases, wetlands may be used for well-defined agricultural purposes.  The Natural Resources Conservation Service (NRCS) works jointly with the U.S. Army Corps of Engineers to help landowners who wish to use a wetland for agricultural purposes.  For more information, contact the NRCS Utah office or your local field office.  
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Wetlands are such important elements of our waterways that Section 404 of Federal Clean Water Act provides specific rules for their protection.  Ever since its original passage in 1972, however, interpretation of this section of the Clean Water Act has been controversial and the courts continue to weigh in on different aspects of the law.  Until the Corps makes a determination on your land, wetland specialists advise that you treat any possible wetlands on your property as if they fall under the rules in Section 404 (no dredging, filling, draining).  Impacts to wetlands without the proper permits can results in fines and the requirement to “mitigate” the lost wetlands.
CONTACT INFO
For more information about wetland permits, see the U.S. Army Corps of Engineers Sacramento District Website

All Utah landowners should contact the Bountiful District Field Office:
533 West 2600 South, Suite 150
Bountiful, Utah 84010-7744 
Phone: (801) 295-8380
Fax: (801) 395-8842
Email:
spk-regulatoryinfo@usace.army.mil​

​Click here for info on offices in Nevada and parts of Colorado & California
PROTECTION OF WETLANDS
Many landowners simply leave these lands protected, benefiting from the clean cool water they provide, the higher water table, and the shade and beauty of the vegetation.   These areas also provide recreational benefits, including hunting, fishing, and opportunities for wildlife viewing and photography. 
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You may be eligible for several programs that help landowners protect or enhance wetlands on their property.  See EPA’s Wetlands Protection and Restoration site for more information.

Programs include:
​Other organizations involved in protecting private wetlands include:
STREAM CHANNEL OR STREAM BANK ALTERATIONS
If you wish to modify or alter the bed or the banks of any natural streams that cross your property,  you must obtain written permission from the Utah Division of Water Rights before beginning ANY work.  This applies to irrigation diversions, development of the banks for housing or recreational purposes, altering the stream channel, extracting materials from the bed of the river or any other alteration.
UTAH 401 WATER QUALITY CERTIFICATION
If you are involved in any activity such as dredging or construction that may result in fill or other discharge entering  Utah’s waters, or dewatering a stream or river during construction, you must apply for a “401 Water Quality Certificate” BEFORE construction begins.
Utah State University Extension Water Quality
​Utah Water Quality Task Force
Utah Division of Water Quality
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We’ve designed this website for Utah’s small acreage farmers. We hope you like it. We value your feedback, questions and concerns.  Email us at waterquality@usu.edu.