H.J.R. 1

1

JOINT RESOLUTION AMENDING PROVISION
2 ON MUNICIPAL WATER RIGHTS
3 2010 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Kay L. McIff
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 Committee Note:
10 The Utah Constitutional Revision Commission recommended this bill.
11 Membership: 6 legislators 8 non-legislators
12 Legislative Vote: 2 voting for 0 voting against 4 absent
13 General Description:
14 This joint resolution of the Legislature proposes to amend the Utah Constitution to
15 modify a provision relating to municipal water rights.
16 Highlighted Provisions:
17 This resolution proposes to amend the Utah Constitution to:
18 . authorize a municipality to lease, on a short term basis, water rights owned or
19 controlled by the municipality, and to renew the lease; and
20 . make technical changes.
21 Special Clauses:
22 This resolution directs the lieutenant governor to submit this proposal to voters.
23 This resolution provides a contingent effective date of January 1, 2011 for this proposal.
24 Utah Constitution Sections Affected:
25 AMENDS:
26 ARTICLE XI, SECTION 6
27

28 Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each
29 of the two houses voting in favor thereof:
30 Section 1. It is proposed to amend Utah Constitution Article XI, Section 6, to read:
31 Article XI, Section 6. [Municipalities forbidden to sell waterworks or rights.]
32 [No municipal corporation, shall]
33 (1) (a) Except as provided in Subsection (2), a municipality:
34 (i) may not, directly or indirectly, lease, sell, alien, or dispose of any waterworks, water
35 rights, or sources of water supply [now, or hereafter to be] owned or controlled by [it; but all
36 such] the municipality; and
37 (ii) shall preserve, maintain, and operate those waterworks, water rights, and sources of
38 water supply [now owned or hereafter to be acquired by any municipal corporation, shall be
39 preserved, maintained and operated by it] for supplying its inhabitants with water at reasonable
40 charges[: Provided, That nothing herein contained shall].
41 (b) Subsection (1)(a) may not be construed to prevent [any such municipal corporation]
42 a municipality from exchanging [water-rights,] water rights or sources of water supply[,] for
43 other [water-rights] water rights or sources of water supply of equal value, and to be devoted in
44 like manner to the public supply of its inhabitants.
45 (2) (a) A municipality may lease water rights that the municipality owns or controls, if
46 the leased water rights are for use within the state.
47 (b) A lease of water rights under Subsection (2)(a) may be renewed one or more times.
48 (c) (i) The term of a lease under Subsection (2)(a) may not exceed seven years.
49 (ii) The term of any renewed lease under Subsection (2)(b) may not exceed seven
50 years.
51 Section 2. Submittal to voters.
52 The lieutenant governor is directed to submit this proposed amendment to the voters of
53 the state at the next regular general election in the manner provided by law.
54 Section 3. Effective date.
55 If the amendment proposed by this joint resolution is approved by a majority of those
56 voting on it at the next regular general election, the amendment shall take effect on January 1,
57 2011.

Legislative Review Note
as of 5-13-09 12:56 PM

Office of Legislative Research and General Counsel