The Future of Empire Creek

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Consultation has concluded

Empire Creek and Silver Creek aka “Poison Creek”

Empire Creek, a tributary of Silver Creek, runs in Empire Canyon, before converging with Silver Creek near the intersection of Heber Avenue and Deer Valley Drive. Silver Creek originates in the lower Deer Valley ponds and follows the Poison Creek Trail and Rail Trail until it converges with the Weber River near Wanship.

Empire Creek is not a naturally occurring year-round waterway. Historical flows are the result of storm events, snowmelt, and sporadic overflows from Judge Tunnel. Historically, Empire Creek has run dry in late summer.

Judge Tunnel

Judge Tunnel is a historic mine tunnel located in Empire Canyon near the bottom of Walker and Webster Gulch and its portal is adjacent to Empire Creek. When the Tunnel was excavated in the early 1900’s, a local aquafer was intercepted and subsequently became one of Park City’s first drinking water sources. Until 2013, Judge Tunnel water overflow sporadically discharged into Empire Creek when the water was unsuitable to drink. This usually occurred during mine maintenance, occasional tunnel rockfall, and during spring runoff. In 2013, due to elevated metal concentrations, Park City stopped diverting Judge Tunnel for drinking water. As a result, the Judge Tunnel has been discharging into Empire Creek year-round ever since.

The water draining from Judge Tunnel has heavy metal concentrations that exceed safe levels for stream water in addition to drinking water. Park City is required to meet stream water standards for water draining from Judge Tunnel. To maintain compliance with Park City’s SCO, beginning spring 2023, Empire Creek will no longer receive water from the Judge Tunnel. Instead, the Creek will return to its natural ephemeral state and Judge Tunnel water will be treated at the 3Kings WTP

Park City considered an alternative that included using other City water sources to replace the water from Judge Tunnel in Empire Creek. This alternative requires new infrastructure, ongoing operational cost, electrical demand, permitting, and likely the permanent allocation of water for this purpose. Use of drinking water for creek flow would require treatment as stream water quality standards are stringent and can sometimes exceed drinking water standards. Use of raw water from the Weber River would not likely require treatment as the discharge of this water could be exempt from the Clean Water Act under the Water Transfers Rule.

For this analysis, the amount of water pumped to Empire Creek would be 600 gallons per minute, or 1.3 cubic feet per second, or 1,000,000 gallons per day. The actual average flow rate from Judge Tunnel is 900 gallons per minute.

To put 1,000,000 gallons of water into perspective, it is about the same volume of water applied to each golf course in Park City per day or 1.5 Olympic swimming pools. On an annual basis, this is about the same volume of water served to all single-family residences in Park City combined. This volume of water weighs about 8,340,000 pounds which is about the same as 1,700 Ford F-150’s. This volume of water would be treated and then pumped up the mountain every day to discharge into Empire Creek and allowed to run back to the Weber River and eventually to Willard Bay if not diverted by downstream users. The amount of electricity needed to pump this water would increase the water systems annual power use by 2 to 4 million kWhr’s, or by 20% - 30%. The cost of infrastructure is not known, but based on current experience with 3Kings WTP, it is estimated to cost over $25M and would add $440,000 to $850,000 per year in operations and maintenance.

Unfortunately, water from Judge cannot be used for drinking water, it cannot be discharged into Empire Creek without treatment to reduce metal concentrations, and it is too resource intensive to replace this water from other water sources. After 2024, discharge of untreated Judge Tunnel water would violate the Utah Water Quality Act and result civil penalties of up to $50,000 per day.


Judge Tunnel Water Treatment at 3Kings Water Treatment Plant

In 2014 and 2018, Park City entered a Stipulated Compliance Order (SCO) for treatment of the Judge and Spiro Tunnel water, between Park City and the Utah Division of Water Quality. To implement the SCO, all Judge Tunnel water is required to be diverted to the new 3Kings Water Treatment Plant (WTP), no later than 2024.

The 3Kings WTP will be a state-of-the-art water treatment facility, specifically designed to treat Judge and Spiro Tunnel water and improve Park City’s drinking water quality. Upon completion, the 3Kings WTP will be among the most sophisticated water improvement projects in the mountain west. The project is on track to begin treating water from Judge and Spiro in 2023.

To maintain compliance with Park City’s SCO, beginning spring 2023, Empire Creek will no longer receive water from the Judge Tunnel. Instead, the Creek will return to its natural ephemeral state and Judge Tunnel water will be treated at the 3Kings WTP.


Silver Maple Claims Wetland Mitigation

The elimination of the Judge Tunnel water contribution to Empire Creek was evaluated, and it was determined that the reduced flow to Silver Maple Claims (SMC) Wetlands, the wetlands between Prospector Park and Richardson Flat Road, must be mitigated. The mitigation plan, created in conjunction with Fish and Wildlife Service, BLM, EPA, and Park City, is a low-cost, no-pumping plan to replace the water that sporadically discharged from Judge Tunnel with water from other sources to the wetlands.

Beginning 2023, Park City is required to augment the flow to SMC Wetlands by adding water from our other water sources, including water draining from the Park Meadows area. Under this mitigation plan, Park City will add the equivalent amount of water that entered the wetlands from sporadic Judge Tunnel overflows prior to 2013.

Empire Creek and Silver Creek aka “Poison Creek”

Empire Creek, a tributary of Silver Creek, runs in Empire Canyon, before converging with Silver Creek near the intersection of Heber Avenue and Deer Valley Drive. Silver Creek originates in the lower Deer Valley ponds and follows the Poison Creek Trail and Rail Trail until it converges with the Weber River near Wanship.

Empire Creek is not a naturally occurring year-round waterway. Historical flows are the result of storm events, snowmelt, and sporadic overflows from Judge Tunnel. Historically, Empire Creek has run dry in late summer.

Judge Tunnel

Judge Tunnel is a historic mine tunnel located in Empire Canyon near the bottom of Walker and Webster Gulch and its portal is adjacent to Empire Creek. When the Tunnel was excavated in the early 1900’s, a local aquafer was intercepted and subsequently became one of Park City’s first drinking water sources. Until 2013, Judge Tunnel water overflow sporadically discharged into Empire Creek when the water was unsuitable to drink. This usually occurred during mine maintenance, occasional tunnel rockfall, and during spring runoff. In 2013, due to elevated metal concentrations, Park City stopped diverting Judge Tunnel for drinking water. As a result, the Judge Tunnel has been discharging into Empire Creek year-round ever since.

The water draining from Judge Tunnel has heavy metal concentrations that exceed safe levels for stream water in addition to drinking water. Park City is required to meet stream water standards for water draining from Judge Tunnel. To maintain compliance with Park City’s SCO, beginning spring 2023, Empire Creek will no longer receive water from the Judge Tunnel. Instead, the Creek will return to its natural ephemeral state and Judge Tunnel water will be treated at the 3Kings WTP

Park City considered an alternative that included using other City water sources to replace the water from Judge Tunnel in Empire Creek. This alternative requires new infrastructure, ongoing operational cost, electrical demand, permitting, and likely the permanent allocation of water for this purpose. Use of drinking water for creek flow would require treatment as stream water quality standards are stringent and can sometimes exceed drinking water standards. Use of raw water from the Weber River would not likely require treatment as the discharge of this water could be exempt from the Clean Water Act under the Water Transfers Rule.

For this analysis, the amount of water pumped to Empire Creek would be 600 gallons per minute, or 1.3 cubic feet per second, or 1,000,000 gallons per day. The actual average flow rate from Judge Tunnel is 900 gallons per minute.

To put 1,000,000 gallons of water into perspective, it is about the same volume of water applied to each golf course in Park City per day or 1.5 Olympic swimming pools. On an annual basis, this is about the same volume of water served to all single-family residences in Park City combined. This volume of water weighs about 8,340,000 pounds which is about the same as 1,700 Ford F-150’s. This volume of water would be treated and then pumped up the mountain every day to discharge into Empire Creek and allowed to run back to the Weber River and eventually to Willard Bay if not diverted by downstream users. The amount of electricity needed to pump this water would increase the water systems annual power use by 2 to 4 million kWhr’s, or by 20% - 30%. The cost of infrastructure is not known, but based on current experience with 3Kings WTP, it is estimated to cost over $25M and would add $440,000 to $850,000 per year in operations and maintenance.

Unfortunately, water from Judge cannot be used for drinking water, it cannot be discharged into Empire Creek without treatment to reduce metal concentrations, and it is too resource intensive to replace this water from other water sources. After 2024, discharge of untreated Judge Tunnel water would violate the Utah Water Quality Act and result civil penalties of up to $50,000 per day.


Judge Tunnel Water Treatment at 3Kings Water Treatment Plant

In 2014 and 2018, Park City entered a Stipulated Compliance Order (SCO) for treatment of the Judge and Spiro Tunnel water, between Park City and the Utah Division of Water Quality. To implement the SCO, all Judge Tunnel water is required to be diverted to the new 3Kings Water Treatment Plant (WTP), no later than 2024.

The 3Kings WTP will be a state-of-the-art water treatment facility, specifically designed to treat Judge and Spiro Tunnel water and improve Park City’s drinking water quality. Upon completion, the 3Kings WTP will be among the most sophisticated water improvement projects in the mountain west. The project is on track to begin treating water from Judge and Spiro in 2023.

To maintain compliance with Park City’s SCO, beginning spring 2023, Empire Creek will no longer receive water from the Judge Tunnel. Instead, the Creek will return to its natural ephemeral state and Judge Tunnel water will be treated at the 3Kings WTP.


Silver Maple Claims Wetland Mitigation

The elimination of the Judge Tunnel water contribution to Empire Creek was evaluated, and it was determined that the reduced flow to Silver Maple Claims (SMC) Wetlands, the wetlands between Prospector Park and Richardson Flat Road, must be mitigated. The mitigation plan, created in conjunction with Fish and Wildlife Service, BLM, EPA, and Park City, is a low-cost, no-pumping plan to replace the water that sporadically discharged from Judge Tunnel with water from other sources to the wetlands.

Beginning 2023, Park City is required to augment the flow to SMC Wetlands by adding water from our other water sources, including water draining from the Park Meadows area. Under this mitigation plan, Park City will add the equivalent amount of water that entered the wetlands from sporadic Judge Tunnel overflows prior to 2013.