County nixes wastewater permit for Moab development on the Colorado River

The Grand County Commission on Tuesday night denied a permit for the Kane Creek development’s proposed wastewater and culinary water system, setting the stage for ongoing legal parrying over a high-profile development proposed for the Colorado River corridor southwest of Moab.

The project’s developers are “of course” going to appeal the decision, said attorney Bruce Baird as he left Tuesday’s meeting.

The commission voted to deny the permit 5-2 after a relatively brief 20-minute discussion, a far cry from their lengthier back-and-forth three weeks ago when they ultimately voted to table the permit, which is required for the development to construct a wastewater treatment plant and water storage tank.

Commissioners argued they had to deny the permit as it proved inconsistent with the county’s general plan, adopted in 2022. Per state statute, new public utilities must conform with such a plan if a county has one.

The statute, Utah Code section 17-27a-406, “basically doesn’t give us much choice,” said Commission Vice Chair Kevin Walker after motioning to deny the permit. “If we think that the proposed public utility is not consistent with the general plan then we have to turn it down, even if we think it would be a good idea,” he said.

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