Water is the lifeblood of our desert community, and I know many Ivins residents are deeply concerned about its availability as development continues at a seemingly relentless pace across the county. These worries only grow when we see projects that appear to consume water excessively. If you’ve read any of the 47 articles on my website about our water situation, you know that I share these concerns.
Adding to these concerns, as of today, the USDA’s Snow Water Equivalent chart shows snow water levels in southwestern Utah (black line) are tied with the lowest level ever recorded since automated measurements began in 1982. And I expect that within the next day or two, we will set a new all-time record, reaching the lowest level ever recorded for this region. That’s not comforting.
So, it’s easy to understand why many have asked why we don’t pause new construction to reassess and safeguard our water supply. While the idea may sound practical, implementing a construction moratorium isn’t as straightforward as it might seem. I’m not an attorney, but I’ve done a lot of research to understand this issue and hope this article helps foster thoughtful discussion in our community.
Understanding Moratoriums
Temporary land use regulations, commonly called moratoriums, are governed by Utah’s Land Use Development and Management Acts (Utah Code §§ 10-9a-504 and 17-27a-504). These regulations require substantial evidence to justify a halt in development. (See the Office of Property Rights Ombudsman website for more information.)
As the Utah Land Institute’s Handbook to Utah Land Use Regulation explains, a city council must demonstrate
“that there is a “compelling, countervailing public interest” that justifies the moratorium. This is a much higher requirement than for other regulations which can be justified by a reasonably debatable claim that they advance the interests of the community.”
In practical terms, we would need clear documentation of insufficient water to meet this legal standard. Since Ivins receives its water from the Washington County Water Conservancy District (WCWCD), any declaration of a shortage would have to come from them.
What WCWCD is Saying
Last Wednesday I attended an all-day Growing Water Smart conference, where Zach Renstrom, WCWCDs General Manager, shared insights on the state of our water supply. While acknowledging he is worried about the lack of precipitation and minimal snowpack so far this winter, he is not concerned about being able to deliver water because our reservoirs are nearly full and that additional reserves are stored in the Sand Hollow aquifer.
An Alternative to Moratoriums
What about limiting the number of building permits we issue each year? Similar to a moratorium, if we were to limit permits due to water concerns, we’d need clear evidence (e.g., studies, data from WCWCD) showing how the limits are necessary because we have insufficient water.
Charting a Sustainable Path Forward
Striking the right balance between growth and water is no easy task, but it’s a conversation we must continue to have. And it needs to be a conversation guided by facts, not just fears.
As a community, we must stay informed. We need to constructively advocate for practical solutions that can actually make a real difference. A great example is the Dry Wash Study Group’s recommendation to increase storage capacity at Gunlock Reservoir by dredging it more frequently. WCWCD identified that as a “to do” project last week.
It is critical that we bring forward actionable ideas and support initiatives that safeguard this vital resource, like conservation or innovative reuse strategies (when done correctly). As Benjamin Franklin wisely said, “When the well’s dry, we know the worth of water.”
Reader Questions/Answers
Here are some questions this article generated on social media along with my answers.
Q: I have asked several times about the impending reduction in our allocation of the Virgin River based on the new mandates on the Colorado River compact. No one seems to want to answer that question. Can you?
A: discussions are taking place about future water management strategies across the entire Colorado River Basin. But I don’t believe anything has been settled yet. The Bureau of Reclamation is in the process of developing new guidelines for post-2026 operations, which may impact water allocations for all basin states, including those in the Upper Basin. To the best of my knowledge there have been no specific mandates reducing Utah’s allocation from the Virgin River due to the Colorado River Compact. However, given the evolving nature of water management policies and the potential for future adjustments, this is something we should all be following. Thanks for bringing it up.
Q. Perhaps it is time to revisit land use rules. The city should prevent new recreational water uses by businesses.
A. We adopted an ordinance in June 2022 implementing regulations for landscaping and water conservation that limits the size of decorative and recreational water uses (fountains, pools…) and other measures. We reviewed it again in 2023 and 2024 making a few minor adjustments. But it is worth looking at again.
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