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HURRICANE, Washington County — Initially, the 53-acre campus of the Zion Utah Jellystone Park was going to use private water rights owned by the developer.
The plan to use private water for the park collapsed when the acquired water didn't meet the standards established by the Utah Division of Water Quality for its intended use, Washington County Water Conservancy District officials said.
District leaders say they first learned about Jellystone Park — which was approved by the city of Hurricane — through news coverage.
Hurricane officials confirmed they originally agreed to provide water for the RV section of the park, in conjunction with private water rights laws. Public water was to be used only for showers and drinking purposes, the district and developer said.
Hurricane officials told KSL.com in a written statement that Jellystone, "at the time of submittal, met all applicable zoning standards and requirements, and it was approved accordingly."
However, Hurricane does not have enough water for its community and relies on a contract with the Washington County Water Conservancy, the district says. This contract requires the conservancy to provide water for all projects approved by the city.
So when private water rights could not be used for the water features at the up-and-coming water park — including various waterslides and pools — Washington County Water Conservancy District was obligated to give it use of its public water.
Zion Utah Jellystone Park owner and developer Scott Neilson maintains that he wants to use his private water rights for the water park. "They gave me no choice. I wanted to use the well water, but they wouldn't allow it."
"There is absolutely nothing wrong with that water," he said. "It's healthier water than you're ever going to drink from the city."
"I plan on suing them," Neilson continued. "So I'm probably going to end up hiring an attorney — and soon — just so that I can use my own water for the water park."
In the meantime, in order to continue development, Neilson paid Washington County Water Conservancy $600,000 to use 8.7 million gallons of public water, annually.
The water purchased for the RV section of the park is based on calculations by the district, using the Utah Administrative Code, while the water purchased for the water park was calculated by the developer's engineer, Karl Rasmussen. He estimates the lazy river, kids pool, adult pool, hot tub, spa, water slide and splash pad will use approximately 15 acre-feet of water per year, the district says.
However, Neilson and the conservancy district disagree over the reality of this water estimate.
Neilson says Jellystone has gone to extreme lengths to cut water usage, including spending over $500,000 for fake grass on the RV section of the park, using desert-friendly plants and cycling water used in the water park through an underground aquifer to reduce evaporation.
Karry Rathje, communications and government affairs manager at Washington County Water Conservancy, said that while the district did allow Neilson to purchase water rights based on his engineer's calculations, "we anticipated their use to be higher" and "we follow the Utah Administrative Code in assessing our water demand."
If the water park goes over the engineer's estimate for public water usage in a year, the development will be subject to the district's excess-use water surcharge, which is an additional $10 for every 1,000 gallons of water used, the district said. KSL.com has previously reported that the surcharge would make the water some of the most expensive in the American West.
Neilson responded to this by asking, "What happens if we use less? Are you guys gonna pay us the difference?"
"For them to come after me and say, 'No, you can't do this. If you want to do business you have to give us hundreds of thousands, if not into the millions, further for water,' that in and of itself is corrupt," Neilson said. "It's a monopoly. They're illegal. It's crap."
"They're not out to conserve water. They're out to just collect your money," he added.
"If there is a law that we could get amended or changed, I mean, that would be wonderful," Neilson said. "I'd love to use my own water that I own, and my own well for the water park. I'd take the whole park off the grid from the Water Conservancy District."
Neilson will still use some of his private water rights on Jellystone's lake and vegetation.
When it opens, Jellystone Park will include campsites, RV parking, a lake, Yogi Bear-themed character appearances and a water park, among other attractions, Neilson said. The park will be one of a national chain with over 75 locations, and will be one of the biggest, housing the chain's largest water park feature.
After construction began on the water park, Hurricane and the Washington County Water Conservancy passed an ordinance in February this year, which bans future water parks and artificial lakes on both commercial and residential developments. However, Hurricane retains the right to approve a water park in a recreation resort development by consolidating multiple pools or other recreational amenities.
