Summit Sucks...Water

Our apologies to our faithful readers as we have had a busy summer of travel and have neglected some important Ogden Valley events and issues.  We will strive in the coming weeks and months to catch up.

There has been much on the Summit Water front.  In mid-August, Mark Saal penned this article in the Standard:

'Summit Sucks Water' signs spring up again for balloon festival

In response, Eden resident and advocate Lee Schussman offered this well thought out rebuttal:

Dear Mr Saal, 

Thank you for reporting on the growing divisiveness in the Ogden Valley over Summit’s water exchange application and the processes surrounding that application. (Ogden Standard, August 16, 2015).

Please dig deeper into this issue. Doing so, I think you will find why valley residents are still concerned, confused, and frustrated by both Summit’s actions and the entire process.

As you well know, Summit owns water in Pineview and wants to move the point of diversion to Powder Mountain—a diversion point that will actually use Cache County water and may decrease flows in Wolf Creek by about 25%.

1) Regarding Summit’s using water that would normally flow to Cache Valley (in which drainage Summit holds NO water rights):

Page 2 of the Order of the State Engineer states that, at Summit’s “anticipated flow rate 30% is a reasonable estimate of the water diverted that would naturally be tributary to the Cache Valley drainage.”

Page 3 states, “It is unlikely that there are and will be any significant periods of time where a diversion of water form the applicant’s proposed source(s) will not interfere with an existing right on the Bear River.”

“Any diversion of water from the applicant’s proposed underground points of diversion must include some compensating mechanism to the Cache Valley tributary drainage. … compensation could include releasing 30% of the water pumped from the Hidden Lake Well to the Cache Valley drainage or pumping at times when all rights on the Bear River and its tributaries downstream of the points of diversion are fully satisfied.” 

These rulings by the State Engineer do not seem to give Summit the green light to use the water as they claim.

 2) Regarding the concerns on the Ogden Valley side of the drainage:

Page 4 of the Order of the State Engineer states, “if interference will occur with any of the Weber County protestants, it will manifest itself first in the flows of Wolf Creek,” and

“no diversion of water should be made under the subject exchange during times of the year when WCIC [Wolf Creek Irrigation Company] water rights are not being fully satisfied. WCIC owns Water Right Number 35-7188 which has a priority date of 1861.”

The Order goes on to describe an incredibly complex process under which Summit could use Wolf Creek water:

“The Ogden River Decree provides [to WCIC] a high flow rate of 20.0 cfs and a low flow rate of 9.85 cfs for this right.”  “No water shall be diverted under this exchange if the above identified flows are not available at that intake.”  However, if WCIC can not show that it puts every gallon of that water to “beneficial use,” Summit can pump an amount equal to that unused water out of its wells at Powder Mountain without being “required to mitigate or compensate senior water right holders for water they divert but allow to pass through their system without use to Pineview.” “The Ogden River Commissioner is responsible to determine the amount of water that may be diverted.”

Many of us do not even know in which branch of our government the Ogden River Commissioner is located, let alone who that individual is. And it appears to us that he/she is the person who will decide how much water Summit may pump! 

And how will the Commissioner decide how much water Summit may pump? We are very unsure, but we do know that all those pumping processes will be monitored by whom?

Page 5 of the application: “The applicant(s) [Summit] shall install and maintain measuring and totalizing recording devices to meter all water diverted from all sources pertaining to this application and shall annually report this data to the Division of Water Rights Water Use Program.”

Summit is actively selling properties to individuals who are being told there are no water problems. (Hence the signs in the valley.) It is our understanding that the State Department of Environmental Quality Division of Drinking Water (which previously requested that Weber County NOT issue Powder Mountain building permits until Summit could supply proof that it actually had the water) can only approve the granting of building permits when YEAR-ROUND water is available. Can Summit then proceed to get building permits now when the State Engineer has put restrictions on the amounts and timing of the pumping at Powder Mountain?

Mr. Paul Strange has oft stated, “We have a right to the water we purchased with our land.”  No one can dispute that statement. However, the water that Summit owns is located in Pineview; and they are trying to leverage their investment in that water to gain immensely more valuable water resources -- pristine water located at Powder Mountain. That water already belongs to other citizens.

With Brad Peterson (Director of Outdoor Recreation for the State of Utah) working hard with Summit and putting pressure on the State Water Engineer; with Commissioner Bell (as the Chair of the Powder Mountain Water District) on record as being able to supply Summit with water; with Summit itself in charge of monitoring water use and reporting once a year; with a separate agency (the Ogden River Commissioner) responsible to tell us how much water Summit can have; with Summit sales reps telling prospective buyers that there are no water problems; with another state agency (Department of Environmental Quality Division of Drinking Water) demanding Summit not be issued building permits for those same Summit buyers; and with all of the water users dependent on the Wolf Creek drainage; is it any wonder that valley residents are concerned, frustrated, divided.

Thank you for your interest in this critical issue. Water is a limited resource. It is our opinion that it should also be A LIMITING resource. Our situation is a microcosm of water rights and water shortages all over the western US where developers continue to speculate that there may be enough water in the face of obvious limitations of that resource. As those processes continue, we will continue to run a “debt economy” –trading a long term water debt borne by all the community for a short term economic gain accruing to the developer--just as other areas and other states in the west have done for so long.  We can do better than that by responsibly developing and using water that IS available—in Pineview--and not giving away underground water, the amount of which is certainly limited and in much debate.

The battle of signs many of us are waging may seem  entertaining and humorous, but it an attempt to call attention to an extremely important issue that should be a core determinant in the growth of this entire area.

Please investigate and write more.

Thank you,

Lee Schussman

Eden, Utah

CC: Cathy McKitrick, Ogden Valley News, Ogden Valley Forum, GEM group. Ron Tymcio, Ogden Standard Editorials

What say ye our Ogden Valley faithful??

From Saturday's Standard: As Summit home construction nears, water worries rise

Due to importance, we have published this Standard Examiner article written 

By CATHY MCKITRICK Standard-Examiner staff

In its entirety.

EDEN — As Summit Mountain Holding Group approaches breaking ground on its first few homes near the top of Powder Mountain, the issue of available water continues to fuel opposition in the upper Ogden Valley and beyond.

“Summit Sucks Water” signs periodically appear and disappear alongside Eden roads and at area events to alert potential Summit investors of local discontent with the resort owner’s actions and plans.

• RELATED: 'Summit Sucks Water' signs spring up again for balloon festival

Eden residents David Carver and Jeff Guthrie attended the Powder Mountain Water and Sewer Improvement District board meeting Tuesday, Aug. 25. All three Weber County commissioners serve on that board, which is chaired by Commissioner Matthew Bell.

“We’re just valley residents that are concerned about where it’s going and what’s happening,” Carver told trustees. “We want to be able to bring up questions that have to be addressed to move forward.”

To that end, Carver launched a Facebook page to share the information gathered through meetings and research. But he also acknowledged having a specific agenda.

“Our main direction is to push toward getting a pipeline in and not using the (Hidden Lake) well,” Carver said. “If you do that, then all our legal fees can go to help fund that pipeline.”

In other words, Carver would prefer a water treatment plant that would treat Pineview Reservoir water and then pipe it up the mountainside, not only for Summit’s multi-phased development but for other residents as the upper Ogden Valley’s population expands.

“We could not agree with you more,” Bell told Carver. “Those discussions are being had and even more, those discussions are going forward ... that’s where the end of the day is going to be.”

Meanwhile, Carver said he and others plan to “keep the signage up,” and move it toward building the pipeline as an alternative to Summit’s current and potential future wells.

“A lot of people think you need to build it clear to the top (of the mountain),” Carver told the board, “but it just needs to go to the bottom of the road” and tie into an existing pipeline. 

The concept of a regional system that would treat Pineview water and pipe it to users up the mountain has been floated for several months and is largely considered to be the only real longterm solution for the Valley’s water woes.

• RELATED: Summit's controversial pump test completed

The water system that will serve Summit’s future development — whether wells or pipelines — all will be owned and governed by the water and sewer district, Bell said.

6639 North Powder Ridge Road, Eden, UT 84310, USA

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Summit, a youthful collective that draws support from investors around the globe, purchased the 10,000-acre mountain in 2013. While it owns the rights to 1,400 acre-feet of Pineview water, the group aimed to put its new mountaintop Hidden Lake Well into operation, pumping 400 acre-feet of pristine water in exchange for release of the same amount of water from Pineview Reservoir.

On July 31 — after more than a year of protests and dueling hydrogeology studies — the state Division of Water Rights gave Summit conditional approval to do just that, but that approval is being further contested by concerned water-right holders in the Ogden Valley and Cache County.

• RELATED: New twist in Ogden Valley water war

With this year’s construction season quickly winding down, Summit has sought approval to tap a limited amount of the Powder Mountain District’s water in order to obtain building permits for construction of a few homes. Some of that water could flow from Wolf Creek Irrigation Company, depending on which agreements get signed by all parties.

Mark Anderson, who serves as the water and sewer district’s attorney, said that a “will-serve” agreement is under consideration to provide Summit with water to service up to six new homes. Recent information from the state Division of Drinking Water, however, might impact the content of that agreement, he added.

The Valley’s pending growth is forcing stakeholders to seek comprehensive solutions that will sustain the area into the future. 

“A pipeline is an element that will be considered,” Anderson said, “but where it will end up, I don’t know. There is a range of possibilities.”

Contact reporter Cathy McKitrick at 801-625-4214 or cmckitrick@standard.net. Follow her on Twitter at @catmck.

Summit gets conditional OK to use Hidden Lake Well water

From the Standard Examiner

EDEN — Utah’s chief water rights engineer gave guarded approval Friday to Summit’s exchange request to tap 400 acre-feet of water for its Powder Mountain real estate development.

Kent Jones, state engineer for Utah’s Division of Water Rights, issued the eight-page ruling after an extended protest period where senior water right holders in Weber and Cache counties voiced concerns over potential impairment to their supplies.

The approval includes a dozen complex conditions with which Summit must comply, making it unclear whether the ruling represents a green, yellow or red light for the aspiring mountaintop developer.

Click here to read the expanded story.

Ogden Marathon Saturday

Saturday officially kicks off the 'every weekend let's bombard Ogden Valley with a big event' season, as the Ogden Marathon takes place throughout the valley and Ogden Canyon.

Plan your day (and the rest of the summer) accordingly folks, and avoid Ogden Canyon.

While the Ogden Marathon is one of the premier Marathons in the country, it is just one of the many events that offers lots of impact to our residents and doesn't give a lot in return.

Let us know what you think of the summer full of big races.

Weber County Conditional Use Permitting Process is Being Revised

Guest post by Lee Schussman , Eden and Kim Wheatley, Huntsville

The Ogden Valley Township Planning Commission (OVTPC) has embarked on an ambitious project that will have major impacts on the growth and development of the Ogden Valley. This is the time –-beginning this week-- for everyone who is interested in the growth and development of the valley to become active in that process. The project entails the rewriting and codifying of the ordinances that govern all land use in the Valley. These ordinances currently comprise many pages of arcane, complicated, and even conflicting laws.

Revising these ordinances will be a two-step process:

1) A major change is occurring in the processes governing the granting of a Conditional Use Permit. This needs our attention NOW, and is described fully below.

2) A re-formatting of the entire Land Use Table for the Ogden Valley is being undertaken. This effort is just starting and will continue for at least six months.

1. The revision of the processes involved in the granting of a Weber County Conditional Use Permit. (CUP)

The current Weber County and Utah State codes state:

A conditional use shall be approved if reasonable conditions are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with applicable standards.

The OVTPC,  other local governmental agencies, and Ogden Valley landowners have all struggled with the CUP processes. The OVTPC is legally obligated (note that a CUP “SHALL be approved”) to approve CUP applications under the above statute. Under the current code, the OVTPC has been markedly constrained by having only a short list of examples of “anticipated detrimental effects” which they can legally consider in their deliberations. In part because of these constraints, many individuals have become frustrated and increasingly cynical of the entire process. They often believe that there are likely to be detrimental effects, yet they often feel they are not heard or understood during public comments.

During the OVTPC meeting on May 5, 2015,  Charles Ewert and Sean Wilkinson of the Weber County Planning Department presented a new “Proposed Conditional Use Code.” The new ordinance lists specific, objective criteria that (if the amendment is passed) will be used by planners, developers, and the OVTPC to evaluate all future CUP applications.

In the past the OVTPC has had difficulties in that it has been severely hamstringed in terms of the types of anticipated detrimental effects that it could legally consider. The new standards list a number of detrimental effects about which citizens have long expressed concerns but which the OVTPC has been unable to consider in their deliberations.

Here is a summary of some of the standards the new code lists:

1- Standards related to safety

Included here are standards for fire, emergency medical services, geologic hazard, flood, size or heights of buildings, traffic.

2- Standards related to infrastructure, amenities, and services

Included here are standards for traffic, road damage, sewer, open space, water, and public spaces.

Please note that included here is also “Mitigate material degradation of the level of service of any culinary water facility or infrastructure.”

3) Standards related to the environment

Included here are protections for rivers, creeks, wildlife, and vegetation.

4) Standards related to the surrounding areas

Included here are standards related to incompatible uses, light emissions, noise emissions, building heights and sizes, post construction clean up, hours of operation.

No new code will ever solve all the problems related to the subjective aspects of analyzing, judging, and granting or denying CUPs. But this effort is a huge step in the right direction and can give all parties some objective criteria on which to base decisions.

Here is what we should / MUST do now:

1- Learn about the new ordinances:

Go to the GEM site that includes a link to the new code.

Or go the following link:

https://drive.google.com/file/d/0BwSETXEY-GF2aEpubWZGUWQ1YzA/view?usp=sharing

Scroll down on this site to the CUP Revision Documents.

Or, I am told that, if you are a savvy user, you can use the Weber County Miradi navigator to find the new CUP code.

2-Look carefully at the new standards to see if you agree or disagree with them.

3-Give feedback to the OVTPC, and to the Weber County Planning Office via email as to your support, concerns, additions, etc. to the document.

4-I believe that this is the first draft and that Mr. Ewert will post subsequent iterations in the next few weeks. Keep checking online at the Weber County Planning Division sites to track any changes that may occur in the document.

5-Attend the OVTPC meeting when this will be discussed, voted on, and codified. That meeting is currently scheduled for May 26.

Your efforts in the next 2 weeks can help assure that your concerns will be included in the new law.

2. The New Land Use Table and New Land Use Code

Look over the Land Use Table that is also part of the packet that was prepared by the staff for the May 5, 2015 OVTPC meeting.

That table is a new format for the existing land uses in the Ogden Valley. It does not include any changes in zoning or land use within zones; it includes over 500 lines of possible “uses” of land. Using this table, you can become familiar with the ways your specific desires about and uses of land are regulated. E.g.: do you want to keep horses, pigs, etc.? What uses do you want in your area and in other areas of the Valley?

At the next OVTPC this new “Table” format for Land Use will be approved.

For the Land Use Table, no real actions on the part of individuals is needed right now; but, beginning soon after the new Land Use Table becomes an ordinance, the process of actually redefining and relisting all the uses of land under each zoning heading will begin. This will be a lengthy process – at least six months to complete the one section related to agriculture, and then other sections on commercial areas, residential areas, etc. will be addressed.

The proposed CUP and Land Use codes will ultimately determine what the Ogden Valley will be in the future. If that is important to you, get involved in these processes now.

Lee Schussman , Eden

Kim Wheatley, Huntsville

Ogden Valley Plan Town Hall Meetings April 30 and May 1

Standard-Examiner Editorial: Our View: Make Peace in Ogden Valley Water War

Our good friend Rudi at the Weber County Forum has had our Ogden Valley backs and offered this compilation of the water war that Summit and many residents of Ogden Valley are involved in.

Due to the importance of the issue, we are including his latest Sunday morning extravaganza, complete with links to many recent Standard Examiner articles, editorials and letters to the editor.

Interestingly, while Summit is embattled in an "Uncivil War" in the local media, they seem to be the darling of the National stage as illustrated in this April 10, 2015 New York Times article.
The Ski Resort That Crowdsourcing Built
The New York times certainly paints a different light on our neighbors to the North.

Enjoy Rudi's Sunday morning post in its entirety:

Standard-Examiner Editorial: Our View: Make Peace in Ogden Valley Water War

In the interest of kicking off a bit of possible WCF discussion this morning, we'll highlight this morning's Standard-Examiner editorial, calling for a "truce" in a percipient "water war" which has been  brewing in Ogden Valley over the course of the past year:

• Our View: Make peace in Ogden Valley water war

For the benefit of those who haven't been following this story, we'll provide these background stories and letters to the editor, just to add some historical perspective into what's fast developing into what we'll label the"Ogden Valley Water War":

• Water experts take jabs at each other over Summit's Hidden Lake Well
• Summit threatens Wolf Creek sewer district with eviction
• Summit showing its true colors
• Summit water exchange should be denied

This morning's editorial advocates the following proposed solution: 

We think for the sake of the entire valley, a compromise should be reached that involves a direct transfer of water from Pineview to Powder Mountain. Yes, we are talking about a pipeline. But that doesn’t mean Summit should bear all the responsibility of paying for such a pipeline.
If Jones decides to grant the well application, it should be done on a temporary basis so that all the stakeholders could be brought together to discuss a central water distribution system that serves everyone. Forming a compact, similar to the states using Colorado River water may be the best solution, with one system in Ogden Valley to distribute the water all entities are entitled to.
The springs and streams would then be free to flow into the reservoir, or the watershed in Cache County.
We understand water distribution systems can be expensive, but we feel it is time for such a solution. Let the peace talks begin.

We'll leave it up our gentle readers (especially those who reside in Ogden Valley) to explain whether this is a good idea (or not).

Don't let the cat get your tongues, O Gentle Ones.

And yes, we'll be keeping an "Eagle Eye" on this story as it develops.

First Event After Accreditation of North Fork Park as an International Dark Sky Park: Wildlife Wander, May 2

Spring Wildlife Wander in North Fork Park 

Led by Division of Wildlife Resources (DWR) wildlife biologist Clint Brunson under a rising full moon, this family-friendly walking adventure will begin at 7 pm Saturday, May 2, 2015 at the South Gate parking lot of North Fork Park in Liberty.  

North Fork Park, after an arduous 18-month process supported by a broad range of public and private entities, has just gained accreditation as a highly prestigious International Dark Sky Park (only the second county park in America to be so recognized and the first in the world to be located so close to a highly urbanized region). 

The Spring Wildlife Wander will offer a full-moon opportunity to learn about the many kinds of wildlife in the park, particularly those that are nocturnal and depend upon a dark night sky - away from city and suburban lights - for feeding, migration, reproduction and certain predator/prey relationships.  North Fork Park enjoys populations of many such animals including bobcats, flying squirrels, porcupines, owls (Great Horned, Western Screech, Northern Saw-Whet, Flammulated), bats (Big Brown Bat, Hoary Bat), frogs (Chorus Frog) and the Western (Boreal)  Toad.

Please join us with friends and family.

Bring warm layers, footwear that doesn't fear mud, questions, and a spirit of adventure!

Nordic Valley's proposed Pine Canyon Lodge back on today's planning commission agenda.

We received notice of this important agenda item for today's planning commission meeting.

The Pine Canyon Lodge at Nordic Valley is on the Planning Commission agenda once again.

Here are the details: 

Tuesday, March 24, 2015

5:00 PM

Weber County Commission Chambers 

2380 Washington Blvd., Ogden UT

The developers made some changes and will be arguing they mitigated detrimental impacts. This could well be the last chance for public input.

The Gem committee has posted some valuable information about the proposed project that you can view here GEM committee website. 

There are many other important items on the agenda so we will post the majority of the agenda below:

2. Consent Agenda:

2.1. DR 2013-07 Consideration and action on an a two year time extension for the temporary gravel excavation and rock crushing operation at Powder Mountain Ski Resort in the Destination and Recreation Resort-1 (DRR-1) Zone (Russ Watts, Representative for Summit Mountain Holding Group, LLC)

2.2. DR 2014-12 Consideration and action on a request for Design Review approval of a Community Church to be located at 9228 East 100 North in the Agricultural Valley-3 (AV-3) Zone (Karl Lundin, Agent for Ogden Valley Community Church)

2.3. CUP 2015-06 Consideration and action for a Conditional Use Permit to install an 82 foot monopine cell tower located at Snow Basin above Becker Lift and a new 12 foot by 26 foot pre-fabricated equipment shelter located at approximately 3925 Snowbasin Road in the Destination and Recreation Resort-1 (DRR-1) Zone (Pete Simmons, Agent for Verizon)

2.4. DR 2014-08 Consideration and action on a request for design review approval of a shed and pergola for Maverik Country Stores in Eden located at 2500 North Hwy 162 in the Commercial Valley-2 (CV-2) Zone (Brad Morgan, Agent for On-Site Development; Neil Mantela, Maverik Country Stores)

2.5. CUP 2015-01 Consideration and action on a request for design review approval of a barn and storage building that is more than twice the size of the home located at 3047 E 5750 N, in the Agricultural Valley-3 (AV-3) Zone (Shannon Sandberg, Applicant)

3. Administrative Items:

a. Old Business

1. CUP 2014-29 Consideration and action on a Conditional Use Permit for a condominium project (Pine Canyon Lodge) in the CVR-1 Zone including lockout rooms and an average building height of 46 feet located at 3567 Nordic Valley Way in Eden, (Skyline Mountain Base, LLC, Applicant)

2. Discussion Amenities and phasing of Edgewater Beach Resort PRUD

4. Public Comment for Items not on the Agenda:

5. Remarks from Planning Commissioners: