substantial evidence. This appeal respectfully asks the commission to correct legal error and apply its own ordinances as written. That correction is necessary to protect the integrity of the county's land use process and satisfy the requirements of retail law.

rewater

Speaker-DMembers of the Commission, again, thank you for the opportunity to speak. I apologize for the Um, I want to address an additional and critically important legal deficiency in the April 2nd approval of the ReWater wastewater recycling facility expansion proposal. That deficiency is the failure to evaluate the environmental risks that are inherent in large-scale, long-term wastewater storage and to make the findings that the code requires before approving that type of use. Under Duchesne County Code, um, County Zoning Ordinance Section 8.13.4, the commission is required to make an affirmative determination based on evidence in the record that this expanded produced wastewater facility will not be detrimental to public health, safety, or general welfare. That determination must be grounded in the foreseeable risks associated with the type and scale of use being It is not enough to conclude that a project proposes mitigation measures or complies with other regulatory programs.

Produce water recycling and disposal facilities are widely recognized by state and federal agencies as posing elevated risk to surface water, groundwater, air quality, and wildlife, particularly when they involve long-term storage in lagoons. Those risks increase as the number of ponds may increase. And as storage capacity grows and as the physical footprint expands and as the operational lifespan lengthens, those are precisely the elements that were expanded by the April 2nd approval. The findings acknowledge that this approval authorizes almost 1.8 billion additional barrels of produced water storage. They also acknowledge reliance on multiple large lined ponds for long-term containment, the use of stormwater diversion systems, and the installation of leak detection sumps designed to capture fluid that leaks beneath the liners.

What is missing is any finding evaluating how well understood risk pathways such as liner failure, overtopping, extreme storm events, seepage, or operational upset affect public welfare when the facility expands from 2 to 5 ponds. Instead, the findings rely on generalized assurances that the ponds are designed to regulatory standards, that automation and monitoring systems are in place, and that compliance will- compliance with state rules will follow or will continue. Utah law is clear that a conditional use permit cannot be approved based on engineering descriptions alone. The commission was required to make a land use determination that the expanded risk profile associated with the Five Pond Industrial Wastewater Facility is acceptable in this specific location. That includes evaluating whether such a use is appropriate in an