Asked to study Utah's dams for risk, the state water engineer did so, leaving lawmakers unsure what to do with his findings.
Faced with questions of liability and the ire of dam owners fearing a state mandate for improvements, legislators and water officials are stumped.Calling the situation a "Pandora's box" and "can of worms," members of the state's Water Development Commission agreed last week that dam safety and the repercussions of the report will remain among Utah's hottest water issues for years to come.
The situation is certainly assured top billing during the governor's upcoming summit on state growth, they say.
"You opened a can of worms. I played with the worms for four years and came back (with the report)," state water engineer Bob Morgan told commissioners.
Study findings present water officials and dam owners with a maze of questions. For example, now since they understand which dams are flawed or in need of serious repair, who is responsible? Who will ultimately pay the tab?
The suggested improvements, estimated to cost a total $62 million, are prohibitive and could shut down some dams if owners are responsible for the total cost, said Rep. Evan Olsen.
"This is the typical unfunded mandate . . . and we got caught up in it," Olsen said.
The 1989 collapse of the Quail Creek Dam in Washington County provided the greatest impetus to study dam safety in Utah, with the effort eventually contributing to the 1990 Dam Safety Act.
At this juncture, however, some legislators are questioning the need to ensure absolute safety for each Utah dam. It's a standard that is too high and unrealistic, they argue.
Rep. Brad Johnson is among those to steer proposed legislation that will address problems stemming from the report. Johnson said he differs philosophically with the concept of mandating absolute safety.
"I don't think (dam owners) should be given the unfunded mandate so that we, in our lives, are totally safe," he said. "I don't think we're totally safe walking across the street."
The commission opted last week to enlist the assistance of Morgan and the state Division of Water Resources in studying long-range plans.