DDW-2024-005990

195 North 1950 West • Salt Lake City, UT
Mailing Address: P.O. Box 144830 • Salt Lake City, UT 84114-4830
Telephone [phone] • Fax [phone] • T.D.D. [phone]
www.deq.utah.gov
State of Utah

Department of
Environmental Quality

Kimberly D. Shelley
Executive Director

DIVISION OF DRINKING WATER
Tim Davis
Director

SPENCER J. COX
Governor

DEIDRE HENDERSON
Lieutenant Governor
September 20, 2023

Under Canvas Inc.
CT Corporation System
Registered Agent
1108 E South Union Ave
Midvale, UT 84047

Subject: Initial Order for New Public Water System for Looking Glass Resort UTAH19082

Dear J. Bryan Spink:

According to available information, it has come to the attention of the Utah Division of Drinking Water
(the “Division”) that Under Canvas Inc., a foreign, for-profit corporation, is the owner and/or operator of
a public water system (PWS) as explained in the Utah Safe Drinking Water Act and the Utah Public
Drinking Water Rules in R309-100-4. As a result, the Director of the Division of Drinking Water is
required by law to initiate a formal administrative process to recognize your system as a new public water
system and to ensure that it complies with both state and federal drinking water regulations. As part of
that process, I’ve attached an Initial Order for New Public Water System explaining the requirements for
your system.

The Division understands that compliance with state and federal legal requirements can involve
significant administrative and financial burdens for public drinking water systems, especially new
systems. Those regulations are designed to ensure that public water systems are able to provide safe and
reliable drinking water to the people they serve. Coming into compliance with state and federal
regulations can require time and resources. Utah’s public water systems, including your system, provide
essential services that directly impact human health and welfare.

The attached order includes contact information for Division staff with expertise in the rules and
regulations that apply to public water systems. Containers for samples are available from all certified
laboratories. While the Division cannot recommend a specific laboratory, we have enclosed a list of
certified laboratories that perform water testing.

In all correspondence with our office and the laboratories, please indicate your public water system
number. The number for your water system is UTAH19082. Clearly mark your system number on all
samples. Enclosed is the inventory list for your system. Please carefully review this report and return it to
our office with any corrections.

Enclosed is also a copy of your Improvement Priority System (IPS) Report. IPS points are used to rate
and track a water system’s compliance with state and federal drinking water regulations. This report
indicates several dormant deficiencies associated with the required actions listed in the attached Order.
These dormant deficiencies serve as a tracking tool and reminder; they do not affect the water system’s
Under Canvas
Page 2 of 2
September 20, 2023

points or rating unless the due date for the required task has expired. The dormant deficiencies are
removed from our database when the PWS completes the required tasks and notifies the Division.

The Division has online tools to help manage your water system, including:

● Waterlink.utah.gov: WaterLink is an online tool that allows public water systems to access
current system information, including the system’s inventory, monitoring schedules, IPS
Report, operator records, and the system’s Bacteriological record for the last 12 months. To
get full use of these tools, you will need to create a Waterlink portal account. You can do this
by navigating to the Public/Portals menu on the top right side of the waterlink.utah.gov home
page and selecting the Portal. For help creating a WaterLink Portal account, please contact
Mz. (Tammie) Allen at [phone] or [e-mail]

● Eqedocs.deq.utah.gov: Each water system’s public records are available here. These records
may include previous monitoring results, Division correspondence, former Consumer
Confidence Reports, and other documents related to the water system. Browse to your water
system listed alphabetically under “County” to see what we have on record for your system.
Please call the Division at [phone] if you have any questions.

We are here to help you through this process. If you have any questions about this Order, please contact
Colt Smith at [phone] or [e-mail]. To contest or appeal this Order, please contact
Elizabeth Burns of the Attorney General’s office at [phone] or [e-mail].

Sincerely,

Tim Davis
Division of Drinking Water

Enclosures: Initial Order for New Public Water Systems
Improvement Priority System (IPS) Report
Inventory List

cc: Terry Smith, Rural Water Association of Utah, [e-mail]
Russell Seeley, Utah Department of Environmental Quality, [e-mail]
Deidre Beck, Division of Drinking Water, [e-mail]
Melissa Noble, Division of Drinking Water, [e-mail]
Noah Zorsky, Division of Drinking Water, [e-mail]
Shauna Benvegnu-Springer, Utah Division of Public Utilities, [e-mail]
Ronnie Nieves, San Juan County Health Department, [e-mail]
Elizabeth A. Burns, Assistant Attorney General,[e-mail]
J. Bryan Spink, Under Canvas Inc., 1172 Happy Lane, Belgrade, MT 59714

1
UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF DRINKING WATER

In the Matter of:

Looking Glass Resort, a Utah Public
Water System (UTAH19082)

INITIAL ORDER FOR NEW PUBLIC
WATER SYSTEM

Docket No. UTAH19082-2023-01

This INITIAL ORDER FOR NEW PUBLIC WATER SYSTEM (“Order”) is issued by the
Director of the Utah Division of Drinking Water (“Director”), under the Director’s legal authorities
described below. This Order is issued to Under Canvas Inc., a foreign, for-profit corporation, in
its capacity as the “Supplier” who is legally responsible for the water system.
STATUTORY AND REGULATORY AUTHORITY
1. In 1974, Congress enacted the federal Safe Drinking Water Act, codified at 42 U.S.C. §
300f et seq., as amended. 42 U.S.C. § 300g-2 allows states to achieve primary enforcement
responsibility after the Environmental Protection Agency (“EPA”) has determined that the
state has adopted and can implement a state program that is no less stringent than the federal
public drinking water program (“Primacy”).
2. The Utah legislature has enacted the Utah Safe Drinking Water Act, codified at Utah Code
§ 19-4-101, with the intent of achieving Primacy.
3. Utah Code § 19-4-104 authorizes the Utah Drinking Water Board (the “Board”), among
other things, to make rules regulating public water systems in the state of Utah. Utah Code
§ 19-4-104(1)(c)(vi) charges the Board to “meet the requirements of federal law related or
pertaining to drinking water.” The Board has promulgated the Utah Public Drinking Water
Rules, codified in Utah Administrative Code (“UAC”) R309.
4. In 1980, the EPA Administrator determined, in accordance with 40 C.F.R. § 142.11, that
the Utah public drinking water program met the federal requirements for Primacy. See 45
Fed. Reg. 6647 (January 29, 1980). In accordance with 40 C.F.R. § 142.17, the EPA
Administrator has reviewed and continues to review annually, the Utah public drinking
water program to evaluate its continuing compliance with the requirements set forth in 40
C.F.R. Part 142.
5. The Board has defined public water systems under the Utah Public Drinking Water Rules,
UAC R309-110-4.
6. UAC R309-100-7 requires the Director to “assign a rating to each public water supply in
order to provide a concise indication of its condition and performance” in accordance with

2
R309-400. This rule is generally known as the Improvement Priority System (“IPS”) rating
system.
7. The IPS rating system “is a point system used by the division to evaluate a public water
system’s performance and compliance with the drinking water rules in Title 309,
Environmental Quality, Drinking Water.” UAC R309-400-3(1). Under the IPS rating
system, each public water system is assigned a rating “to characterize the water system’s
compliance with drinking water rules and overall operation and performance.” UAC R309-
400-3(2). The IPS rating system is “used by the division to assign compliance ratings to
public water systems and to prioritize enforcement action based on points assessed for
noncompliance with drinking water rules.” UAC R309-400-1(1).
8. UAC R309-400-5 provides that a water system’s IPS rating shall be assigned “based on
the total number of points assessed for noncompliance,” based on a point system
established by the Board. Generally, the number of points represents the threat to the
quality of the water and thereby public health.
9. UAC R309-400-4(1)(a)(ii) sets the maximum number of points any given type of system
may have before it is rated by the Director as “Not Approved” status. For systems
exceeding the point threshold, the Director is required to issue a “Not Approved” rating.
The thresholds are as follows: (i) for community water systems, 150 points; (ii) for non-
transient, non-community water systems, 120 points; and (iii) for non-community water
systems, 100 points.
10. UAC R309-400-4 allows the Director to assess points against public water systems upon
their failure to comply with Division directives and orders.
11. UAC R309-400-5 allows the Director to rate any public water system as “Not Approved”
at any time if an immediate threat to public health exists.
12. UAC R309-400-5 provides that a public water system may qualify for a “Corrective
Action” rating for its public water system upon submission of a written agreement stating
a willingness to comply with the requirements set forth in the Rules and complying with
other requirements.
13. Pursuant to Utah Code § 19-4-106(d), the Director may enforce rules promulgated by the
Board through the issuance of orders. See also UAC R309-100-8.
14. Utah Code § 19-4-107 provides that upon discovery of any violation of a rule or order of
the Board, the Director shall promptly notify the supplier of the violation, state the nature
of the violation, and issue an order requiring correction of that violation.
15. Utah Code § 19-4-109 provides that any person who violates the Act or a rule or order
made or issued pursuant to the Act may be subject to an administrative penalty of up to
$1,000 per day of violation or a civil penalty of up to $5,000 per day of violation.

3
FINDINGS
Based on information available to the Director, the Director makes the following Findings for
purposes of this Order:
1. Under Canvas, Inc. (“Respondent”) is a foreign, for-profit corporation. Based on public
records on file with the Utah Division of Corporations:

a. Respondent has the following registered business address: 1172 Happy Ln Belgrade,
Montana, 59714

b. The legal registered agent of Respondent is CT Corporation System, with the
following registered agent address: 1108 E South Union Ave. Midvale, UT 84047.

2. There exists a public water system (the “System”) located at 147 S Looking Glass Road, La
Sal, Moab, UT 84503. The System is a public water system based on the following facts:

a. Respondent owns a camping resort complete with restaurant facilities and fixed tent
cabins for camping. There are approximately 183 visitors. Respondent serves
culinary water to the foregoing population.

b. The System has a drinking water well, two storage tanks, a booster station, and an
independent distribution system serving approximately 50 service connections.

c. On July 11, 2023, the Division issued Respondent an Operating Permit related to the
System, including approval of the use of a groundwater source, Culinary Well
(WS001), Tank 1 (ST001), Tank 2 (ST002), Booster Station (PF001), and an
independent distribution system serving approximately one service connection.

d. Respondent owns and operates the System and is responsible for its maintenance and
repair.

e. J. Bryan Spink is the Division’s administrative contact for the System.

CONCLUSIONS OF LAW
Based on the foregoing Findings of Fact, the Director hereby makes the following conclusions of
law:
1. Respondent is the owner and operator of the System, which is a public drinking water system
within the meaning of the Utah Safe Drinking Water Act and the Utah Public Drinking
Water Rules.

2. Respondent is a “Supplier” within the meaning of the Utah Safe Drinking Water Act, Utah
Code § 19-4-102(10).

4
3. The System qualifies as a transient non-community Public Water System under the Utah
Public Drinking Water Rules.

ORDER
Based on the foregoing Findings of Fact and Conclusions of Law, IT IS HEREBY ORDERED as
follows:
1. System Status: The System is hereby rated as an active but “unrated” transient non-
community water system under the Division’s water rating system rules, UAC R309-400.
A water system’s rating can only become “approved” after it obtains an Operating Permit
from the Director for the entire water system, including its drinking water sources.

2. Plan Review

a. New Public Water System Supplemental Form: Included with this Order is a blank
copy of the Division’s New Public Water System Supplemental Form (the
“Information Form”). Respondent shall complete and return this form to the
Division on or before 30 days from the date of issuance of this Order. The
findings set forth in this Order, together with Division records, may be updated based
on information submitted in the Information Form.

b. Engineering Evaluation Report: The Division received Engineering Plans and
Specifications for the drilling of Well 1 from Cascade Water Resources that was signed
and stamped by John Files, P.G. This document contains detailed information about the
drilling and construction of Well 1. The Division has received a Water Design Report,
Design Drawings, and Specifications stamped and signed by Thomas Avant, P.E. with
Iron Rock Group. These documents contain detailed information of all current
drinking water facilities including the equipping of Well 1, storage tanks, pumps,
distribution system, number of connections, water rights, System schematics, etc.,
and hydraulic model report.

The Division issued Plan Approval for the drilling of Well 1 on August 13, 2021;
Plan Approval for the equipping of Well 1 on March 27, 2023; and Plan Approval
for the Distribution System, Storage Tanks, and Booster Station on March 27, 2023.

c. Operating Permit: On March 23, 2023, DEQ District Engineer Russell Seeley
conducted a final inspection of all of the facilities. The Division issued an Operating
Permit for Well 1, the storage tanks, the booster station, and the distribution system
on July 11, 2023.

3. Emergency Response

a. In the event of any situation constituting an emergency, the Supplier is required to
contact the Division within eight hours of identifying the emergency as outlined in
R309-105-18. Division personnel may be reached at all times by calling 801-560-
8456. Emergency situations include any of the following:
i. Malfunction of any disinfection or treatment facility.

5
ii. Malfunction of any treatment plant clearwell which constitutes a turbidity
spike of 5 NTU for greater than fifteen minutes.
iii. Water discoloration for a significant number of connections that cannot be
explained by air entrainment or re-suspension of sediments normally
deposited within the distribution system.
iv. Malfunction or accident that could introduce surface water or other potential
contamination into the distribution system, e.g. cross connection, major
water break, chemical spill or overfeed, pressure loss, or natural disaster.
v. Threat of sabotage or act of vandalism to any drinking water facility.
vi. Any instance where a customer reports sickness from drinking the water and
that claim is substantiated by a doctor.

b. The supplier is advised to develop contingency plans to cope with possible
emergency situations including earthquakes, wildfires, flooding, and other natural or
human-caused disasters.

4. Capacity Development Evaluation

a. Drinking Water Rule R309-800 requires an assessment of a new water system’s
technical, managerial, and financial capabilities.

b. Respondent shall comply with R309-800 by documenting the System’s
capabilities using one of the methods described on the Division’s website.

i. Existing water systems should submit completed copies of the Capacity
Assessment Evaluation forms, located on the Division’s website at:
https://documents.deq.utah.gov/drinking-water/forms/DDW-2018-
003083.pdf or;

ii. New or proposed water systems shall submit a business plan as described in
UAC R309-800-5(4), for Division review and approval within one year of
the date of issuance of this Order.

Receiving approval of the capacity assessment worksheets or the business plan is a
prerequisite for issuing an Operating Permit for this water system. Please contact Michael
Grange at [phone] ([e-mail]) for assistance related to Capacity
Development/Assessment.

5. Cross Connection Control Program

Respondent shall develop a cross-connection control program for the System to prevent any
cross-contamination. There are five elements to a cross-connection control program: local
authority statement, annual public education or awareness, operator training, written
records, and an ongoing enforcement plan. If you have any questions about the cross-
connection control program please contact Gary Rager at [phone]
([e-mail]).

6
a. Respondent shall complete the local authority statement on or before 90 days from
the date of issuance.

b. Respondent shall complete the annual public education or awareness, operator
training, written records, and ongoing enforcement plan on or before 180 days from
the date of issuance.

6. Source Protection Program

a. The system’s source is currently not in compliance with source protection
requirements. A full Drinking Water Source Protection (DWSP) plan is required and
has not been received. Guidance for preparing the DWSP plan can be found online
at https://deq.utah.gov/drinking-water/preparing-source-protection-plans.
Respondent shall submit a full DWSP Plan on or before 180 days from the date
of issuance. Contact Deidre Beck at [phone] ([e-mail]) if you have
questions about this requirement.

7. Monitoring and Reporting Requirements

a. Total Coliform Monitoring

Respondent shall take at least one routine coliform bacteriological sample from
the distribution system and submit it to a certified laboratory for each calendar month
that the water system is used. It is the responsibility of the Respondent to send a copy
of the results to our office by the 10th of the following month. In the event of a
coliform positive result, the Respondent shall take three repeat samples and a
triggered source Escherichia coli sample for each groundwater source in service at
the time of the original positive sample. For any questions regarding the Total
Coliform Rule or Groundwater Rule, contact Sitara Federico at [phone]
([e-mail]).

b. Total Coliform Sample Site Plan

Respondent shall develop a written sample site plan that identifies sampling sites
and a sample collection schedule that are representative of water throughout the
distribution system. Respondent shall collect the total coliform samples
according to the written sample site plan. This Order includes a blank copy of the
Total Coliform Sample Site Plan template. For any questions regarding the
bacteriologic sample site plan, contact Sitara Federico at [phone]
([e-mail]).

c. Chemical Monitoring

Respondent shall monitor Nitrate and Sulfate. Additionally, quarterly monitoring
for Toluene is required following detections in the new source chemistry results for
the Culinary Well (listed as WS001 in the Division’s database). The sampling
frequency for each class is different and is specified in the enclosed monitoring

7
schedule. Please contact David Kruse at [phone] ([e-mail]) with
questions.

d. Monitoring Schedule

A current monitoring schedule for the System has been enclosed. Respondent shall
become current with System total coliform monitoring. The Respondent shall
submit a sample site plan to the Division by December 31, 2023. A current
monitoring schedule for the System has been enclosed. Please contact Mark Berger
at [phone] ([e-mail]) for general monitoring schedule questions.

GENERAL PROVISIONS

1. Upon satisfactory compliance with the requirements in the Order section, the Director may
issue a subsequent administrative order changing the status of the System to “Approved” in
accordance with UAC R309-100-7 and R309-400. Pursuant to such subsequent order, the
Director may also take other appropriate actions or impose appropriate conditions, based on
the facts presented.
2. This Order does not in any way relieve the Supplier from any other obligation imposed under
the Act or any other state, federal, or local law, rule, or regulation.
3. Nothing contained in this Order shall preclude the Director from taking actions to include
additional penalties against the Supplier for future violations of State or Federal law.
4. The Date of Issuance shall be the date that this Order is signed by the Director.
5. The dates set forth in the Order section may be extended in writing by the Director, in the
Director’s sole discretion, based on the Supplier’s showing of good cause. Good cause for
an extension generally means events outside of the reasonable control of the Supplier, such
as force majeure, inclement weather, contractor or supplier delays, and similar
circumstances. However, the Director expects the Supplier to employ reasonable means to
limit foreseeable causes of delay. The timeliness of the Supplier’s request for an extension
shall constitute an important factor in the Director’s evaluation.
COMPLIANCE AND PENALTY NOTICE

All violations of the Utah Safe Drinking Water Act, the Drinking Water Rules, and this Order will
be strictly enforced during the time that this Order remains in effect. The Utah Safe Drinking Water
Act, Utah Code § 19-4-109, provides that any person who violates a rule or order made or issued
pursuant to the Act may be subject to an administrative penalty of up to $1,000 per day of violation
or, in a civil proceeding, to a civil penalty of up to $5,000 per day of violation. Under certain
circumstances of willfulness or gross negligence, a Utah district court judge may impose an
additional penalty up to $5,000 per day of violation. Under the act, each day may be considered a
separate violation. A violator may also be subject to injunctive relief pursuant to Utah Code § 19-
4-107(2).

8
CONTEST AND APPEAL RIGHTS

1. This Order is effective immediately and shall become final unless contested in writing
within thirty (30) days of the date of its issuance. This Order may be contested by filing a
written Request for Agency Action in accordance with UAC R305-7. Filing a request for a
hearing or a general statement of disagreement is not sufficient under Utah Code § 63G-4-
201(3)(a) to preserve your right to contest this Order. A request for Agency Action must
include the information specified in UAC R305-7. Contest proceedings are also governed
by Utah Code Section 19-1-301. Failure to file a Request for Agency Action within the
period provided waives any right of administrative contest, reconsideration, review, or
judicial appeal. An extension is only available under UAC R305-7.
2. To contest this Order, the Supplier must respond in writing and must comply with the
applicable procedural requirements found at UAC R305-7 and with the applicable
requirements of the Utah Administrative Procedures Act, including Utah Code § 63G-4-
201(3)(a) and (b). The Supplier’s written Request for Agency Action must be filed and
served in accordance with UAC R305-7-104(5) within 30 days of the date of issuance of
this Order. For U.S. Mail delivery under UAC R305-7, the Director’s address is Director,
Division of Drinking Water, P.O. Box 144830, Salt Lake City, UT 84114-4830.

IT IS SO ORDERED.

DIVISION OF DRINKING WATER

By:_____________________________

Tim Davis

Director

Date:___________________________

September 20, 2023

Date of Issuance: September 20, 2023
System Name: Looking Glass Resort
System Number: UTAH19082
Administrative Contact: J. Bryan Spink
Email: [e-mail]
Phone Number: 937-286-3372

New System Order Due Dates
Date of Issuance: September 20, 2023

3. Sanitary Survey and Emergency Response
Item 4a Sanitary Survey Rule Citation
R309-100-6
Action Completion Due Date
The respondent shall schedule an onsite inspection/sanitary
survey.
Within 365 days of the Date of
Issuance of this Order.
Division of Drinking Water Contact
Ryan Dearing
801-560-8456
[e-mail]

34. Capacity Development Evaluation
Item 3e Capacity Development Evaluation Rule Citation
R309-800
Action Completion Due Date
The respondent shall complete all requirements for their
capacity development.
Within 545 days of the Date of
Issuance of this Order.
Division of Drinking Water Contact
Michael Grange
801-674-2563
[e-mail]

5. Cross Connection Control
Item 5a Local Authority Statement Rule Citation
R309-105-12(2)
Action Completion Due Date
The respondent shall submit a complete Cross Connection
Control Local Authority Statement to the Division
Within 90 days of the Date of
Issuance of this Order.
Division of Drinking Water Contact
Gary Rager
385-549-7609
[e-mail]

Date of Issuance: September 20, 2023
Item 5b Public Education, Operator Training, Record Keeping,
On-Going Enforcement Implementation
Rule Citation
R309-105-12(2)
Action Completion Due Date
The respondent shall complete the annual public education or
awareness, operator training, record keeping, and ongoing
enforcement plan and submit evidence to the Division.
Within 180 days of the Date of
Issuance of this Order.
Division of Drinking Water Contact
Gary Rager
385-549-7609
[e-mail]

6. Source Protection Program
Item 6a Drinking Water Source Protection Plan Rule Citation
The respondent shall submit a Drinking Water Source
Protection Plan.
R309-600-7
Action Completion Due Date
The respondent shall submit a full Drinking Water Source
Protection Plan.
Within 180 days of the Date of
Issuance of this Order.
Division of Drinking Water Contact
Deidre Beck
[phone]
[e-mail]

Item 6b Submit Ongoing Source Protection Plan Updates Rule Citation
This is a reminder to submit updates on the update cycle in the
rule.
R309-600-7(2)(e)
Action Completion Due Date
The respondent shall submit source protection updates. By December 31, 2028
Division of Drinking Water Contact
Deidre Beck
[phone]
[e-mail]

9. Monitoring and Reporting
Item 9a Total Coliform Monitoring Rule Citation
R309-211-5
Action Completion Due Date
The respondent shall submit monthly routine coliform
bacteriological samples to the Division each month the system
is open.
By Date December 1, 2023
Division of Drinking Water Contact
Sitara Federico

Date of Issuance: September 20, 2023
385-515-1459
[e-mail]

Item 9b Total Coliform Sample Site Plan Rule Citation
R309-211-4
Action Completion Due Date
The respondent shall submit a written total coliform sample
site plan to the Division.
By December 1, 2023
Division of Drinking Water Contact
Sitara Federico
385-515-1459
[e-mail]