S.B. 10 Enrolled

1

LOCAL DISTRICT AMENDMENTS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Dennis E. Stowell
5 House Sponsor: Don L. Ipson
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to a local district created to acquire or assess
10 groundwater rights.
11 Highlighted Provisions:
12 This bill:
13 . defines terms;
14 . amends a local district's power to assess a groundwater right;
15 . identifies a groundwater right owner for purposes of a local district created to
16 acquire or assess a groundwater right;
17 . authorizes the owners of groundwater rights to petition for the creation of a local
18 district to acquire or assess groundwater rights;
19 . requires that a groundwater right owner petition or request proposing to create a
20 local district to acquire or assess groundwater rights address certain issues;
21 . exempts, in certain circumstances, the creation of a local district to acquire or assess
22 groundwater rights from the election requirement;
23 . amends provisions governing the election or appointment of a board of trustees;
24 . in certain circumstances, requires that the state engineer send notice to a local
25 district; and
26 . makes technical corrections.
27 Money Appropriated in this Bill:
28 None
29 Other Special Clauses:

30 None
31 Utah Code Sections Affected:
32 AMENDS:
33 11-42-102, as last amended by Laws of Utah 2009, Chapters 92 and 246
34 11-42-202, as last amended by Laws of Utah 2010, Chapter 238
35 17B-1-103, as last amended by Laws of Utah 2010, Chapter 150
36 17B-1-201, as renumbered and amended by Laws of Utah 2007, Chapter 329
37 17B-1-202, as last amended by Laws of Utah 2010, Chapters 150 and 159
38 17B-1-203, as last amended by Laws of Utah 2010, Chapter 150
39 17B-1-204, as renumbered and amended by Laws of Utah 2007, Chapter 329
40 17B-1-205, as last amended by Laws of Utah 2008, Chapter 360
41 17B-1-209, as renumbered and amended by Laws of Utah 2007, Chapter 329
42 17B-1-210, as renumbered and amended by Laws of Utah 2007, Chapter 329
43 17B-1-211, as last amended by Laws of Utah 2010, Chapter 90
44 17B-1-213, as last amended by Laws of Utah 2010, Chapter 150
45 17B-1-214, as last amended by Laws of Utah 2010, Chapter 150
46 17B-1-215, as last amended by Laws of Utah 2010, Chapter 150
47 17B-1-302, as last amended by Laws of Utah 2008, Chapter 360
48 17B-1-402, as last amended by Laws of Utah 2009, Chapter 92
49 17B-1-414, as last amended by Laws of Utah 2009, Chapter 350
50 17B-1-416, as last amended by Laws of Utah 2009, Chapters 218 and 350
51 17B-1-502, as last amended by Laws of Utah 2009, Chapter 218
52 17B-1-505, as last amended by Laws of Utah 2009, Chapter 218
53 17B-1-1402, as enacted by Laws of Utah 2007, Chapter 329
54 17B-2a-905, as last amended by Laws of Utah 2010, Chapter 159
55 73-5-15, as last amended by Laws of Utah 2009, Chapter 388
56 ENACTS:
57 17B-1-104.5, Utah Code Annotated 1953

58
59 Be it enacted by the Legislature of the state of Utah:
60 Section 1. Section 11-42-102 is amended to read:
61 11-42-102. Definitions.
62 (1) "Adequate protests" means timely filed, written protests under Section 11-42-203
63 that represent at least 50% of the frontage, area, taxable value, fair market value, lots, number
64 of connections, or equivalent residential units of the property proposed to be assessed,
65 according to the same assessment method by which the assessment is proposed to be levied,
66 after eliminating:
67 (a) protests relating to:
68 (i) property that has been deleted from a proposed assessment area; or
69 (ii) an improvement that has been deleted from the proposed improvements to be
70 provided to property within the proposed assessment area; and
71 (b) protests that have been withdrawn under Subsection 11-42-203 (3).
72 (2) "Assessment area" means an area, or, if more than one area is designated, the
73 aggregate of all areas within a local entity's jurisdictional boundaries that is designated by a
74 local entity under Part 2, Designating an Assessment Area, for the purpose of financing the
75 costs of improvements, operation and maintenance, or economic promotion activities that
76 benefit property within the area.
77 (3) "Assessment bonds" means bonds that are:
78 (a) issued under Section 11-42-605 ; and
79 (b) payable in part or in whole from assessments levied in an assessment area,
80 improvement revenues, and a guaranty fund or reserve fund.
81 (4) "Assessment fund" means a special fund that a local entity establishes under
82 Section 11-42-412 .
83 (5) "Assessment lien" means a lien on property within an assessment area that arises
84 from the levy of an assessment, as provided in Section 11-42-501 .
85 (6) "Assessment method" means the method by which an assessment is levied against

86 property, whether by frontage, area, taxable value, fair market value, lot, number of
87 connections, equivalent residential unit, or any combination of these methods.
88 (7) "Assessment ordinance" means an ordinance adopted by a local entity under
89 Section 11-42-404 that levies an assessment on benefitted property within an assessment area.
90 (8) "Assessment resolution" means a resolution adopted by a local entity under Section
91 11-42-404 that levies an assessment on benefitted property within an assessment area.
92 (9) "Benefitted property" means property within an assessment area that directly or
93 indirectly benefits from improvements, operation and maintenance, or economic promotion
94 activities.
95 (10) "Bond anticipation notes" means notes issued under Section 11-42-602 in
96 anticipation of the issuance of assessment bonds.
97 (11) "Bonds" means assessment bonds and refunding assessment bonds.
98 (12) "Commercial area" means an area in which at least 75% of the property is devoted
99 to the interchange of goods or commodities.
100 (13) "Connection fee" means a fee charged by a local entity to pay for the costs of
101 connecting property to a publicly owned sewer, storm drainage, water, gas, communications, or
102 electrical system, whether or not improvements are installed on the property.
103 (14) "Contract price" means:
104 (a) the cost of acquiring an improvement, if the improvement is acquired; or
105 (b) the amount payable to one or more contractors for the design, engineering,
106 inspection, and construction of an improvement.
107 (15) "Designation ordinance" means an ordinance adopted by a local entity under
108 Section 11-42-206 designating an assessment area.
109 (16) "Designation resolution" means a resolution adopted by a local entity under
110 Section 11-42-206 designating an assessment area.
111 (17) "Economic promotion activities" means activities that promote economic growth
112 in a commercial area of a local entity, including:
113 (a) sponsoring festivals and markets;

114 (b) promoting business investment or activities;
115 (c) helping to coordinate public and private actions; and
116 (d) developing and issuing publications designed to improve the economic well-being
117 of the commercial area.
118 (18) "Equivalent residential unit" means a dwelling, unit, or development that is equal
119 to a single-family residence in terms of the nature of its use or impact on an improvement to be
120 provided in the assessment area.
121 (19) "Governing body" means:
122 (a) for a county, city, or town, the legislative body of the county, city, or town;
123 (b) for a local district, the board of trustees of the local district;
124 (c) for a special service district:
125 (i) the legislative body of the county, city, or town that established the special service
126 district, if no administrative control board has been appointed under Section 17D-1-301 ; or
127 (ii) the administrative control board of the special service district, if an administrative
128 control board has been appointed under Section 17D-1-301 ; and
129 (d) for the military installation development authority created in Section 63H-1-201 ,
130 the authority board, as defined in Section 63H-1-102 .
131 (20) "Guaranty fund" means the fund established by a local entity under Section
132 11-42-701 .
133 (21) "Improved property" means property proposed to be assessed within an
134 assessment area upon which a residential, commercial, or other building has been built.
135 (22) "Improvement":
136 (a) (i) means any publicly owned infrastructure, system, or other facility that:
137 [(i)] (A) a local entity is authorized to provide; or
138 [(ii)] (B) the governing body of a local entity determines is necessary or convenient to
139 enable the local entity to provide a service that the local entity is authorized to provide; and
140 [(b)] (ii) includes facilities in an assessment area, including a private driveway, an
141 irrigation ditch, and a water turnout, that:

142 [(i)] (A) can be conveniently installed at the same time as an infrastructure, system, or
143 other facility described in Subsection (22)(a)(i); and
144 [(ii)] (B) are requested by a property owner on whose property or for whose benefit the
145 infrastructure, system, or other facility is being installed[.]; or
146 (b) for a local district created to assess groundwater rights in accordance with Section
147 17B-1-202 , means a system or plan to regulate groundwater withdrawals within a specific
148 groundwater basin in accordance with Sections 17B-1-202 and 73-5-15 .
149 (23) "Improvement revenues":
150 (a) means charges, fees, impact fees, or other revenues that a local entity receives from
151 improvements; and
152 (b) does not include revenue from assessments.
153 (24) "Incidental refunding costs" means any costs of issuing refunding assessment
154 bonds and calling, retiring, or paying prior bonds, including:
155 (a) legal and accounting fees;
156 (b) charges of financial advisors, escrow agents, certified public accountant verification
157 entities, and trustees;
158 (c) underwriting discount costs, printing costs, the costs of giving notice;
159 (d) any premium necessary in the calling or retiring of prior bonds;
160 (e) fees to be paid to the local entity to issue the refunding assessment bonds and to
161 refund the outstanding prior bonds;
162 (f) any other costs that the governing body determines are necessary or desirable to
163 incur in connection with the issuance of refunding assessment bonds; and
164 (g) any interest on the prior bonds that is required to be paid in connection with the
165 issuance of the refunding assessment bonds.
166 (25) "Installment payment date" means the date on which an installment payment of an
167 assessment is payable.
168 (26) "Interim warrant" means a warrant issued by a local entity under Section
169 11-42-601 .

170 (27) "Jurisdictional boundaries" means:
171 (a) for a county, the boundaries of the unincorporated area of the county; and
172 (b) for each other local entity, the boundaries of the local entity.
173 (28) "Local district" means a local district under Title 17B, Limited Purpose Local
174 Government Entities - Local Districts.
175 (29) "Local entity" means a county, city, town, special service district, local district,
176 military installation development authority created in Section 63H-1-201 , or other political
177 subdivision of the state.
178 (30) "Local entity obligations" means assessment bonds, refunding assessment bonds,
179 interim warrants, and bond anticipation notes issued by a local entity.
180 (31) "Mailing address" means:
181 (a) a property owner's last-known address using the name and address appearing on the
182 last completed real property assessment roll of the county in which the property is located; and
183 (b) if the property is improved property:
184 (i) the property's street number; or
185 (ii) the post office box, rural route number, or other mailing address of the property, if
186 a street number has not been assigned.
187 (32) "Net improvement revenues" means all improvement revenues that a local entity
188 has received since the last installment payment date, less all amounts payable by the local entity
189 from those improvement revenues for operation and maintenance costs.
190 (33) "Operation and maintenance costs":
191 (a) means the costs that a local entity incurs in operating and maintaining
192 improvements in an assessment area, whether or not those improvements have been financed
193 under this chapter; and
194 (b) includes service charges, administrative costs, ongoing maintenance charges, and
195 tariffs or other charges for electrical, water, gas, or other utility usage.
196 (34) "Overhead costs" means the actual costs incurred or the estimated costs to be
197 incurred by a local entity in connection with an assessment area for appraisals, legal fees, filing

198 fees, financial advisory charges, underwriting fees, placement fees, escrow, trustee, and paying
199 agent fees, publishing and mailing costs, costs of levying an assessment, recording costs, and
200 all other incidental costs.
201 (35) "Prior bonds" means the assessment bonds that are refunded in part or in whole by
202 refunding assessment bonds.
203 (36) "Prior assessment ordinance" means the ordinance levying the assessments from
204 which the prior bonds are payable.
205 (37) "Prior assessment resolution" means the resolution levying the assessments from
206 which the prior bonds are payable.
207 (38) "Project engineer" means the surveyor or engineer employed by or private
208 consulting engineer engaged by a local entity to perform the necessary engineering services for
209 and to supervise the construction or installation of the improvements.
210 (39) "Property" includes real property and any interest in real property, including water
211 rights and leasehold rights.
212 (40) "Property price" means the price at which a local entity purchases or acquires by
213 eminent domain property to make improvements in an assessment area.
214 (41) "Provide" or "providing," with reference to an improvement, includes the
215 acquisition, construction, reconstruction, renovation, maintenance, repair, operation, and
216 expansion of an improvement.
217 (42) "Public agency" means:
218 (a) the state or any agency, department, or division of the state; and
219 (b) a political subdivision of the state.
220 (43) "Reduced payment obligation" means the full obligation of an owner of property
221 within an assessment area to pay an assessment levied on the property after the assessment has
222 been reduced because of the issuance of refunding assessment bonds, as provided in Section
223 11-42-608 .
224 (44) "Refunding assessment bonds" means assessment bonds that a local entity issues
225 under Section 11-42-607 to refund, in part or in whole, assessment bonds.

226 (45) "Reserve fund" means a fund established by a local entity under Section
227 11-42-702 .
228 (46) "Service" means:
229 (a) water, sewer, storm drainage, garbage collection, library, recreation,
230 communications, or electric service;
231 (b) economic promotion activities; or
232 (c) any other service that a local entity is required or authorized to provide.
233 (47) "Special service district" has the same meaning as defined in Section 17D-1-102 .
234 (48) "Unimproved property" means property upon which no residential, commercial, or
235 other building has been built.
236 (49) "Voluntary assessment area" means an assessment area that contains only property
237 whose owners have voluntarily consented to an assessment.
238 Section 2. Section 11-42-202 is amended to read:
239 11-42-202. Requirements applicable to a notice of a proposed assessment area
240 designation.
241 (1) Each notice required under Subsection 11-42-201 (2)(a) shall:
242 (a) state that the local entity proposes to:
243 (i) designate one or more areas within the local entity's jurisdictional boundaries as an
244 assessment area;
245 (ii) provide an improvement to property within the proposed assessment area; and
246 (iii) finance some or all of the cost of improvements by an assessment on benefitted
247 property within the assessment area;
248 (b) describe the proposed assessment area by any reasonable method that allows an
249 owner of property in the proposed assessment area to determine that the owner's property is
250 within the proposed assessment area;
251 (c) describe, in a general way, the improvements to be provided to the assessment area,
252 including:
253 (i) the general nature of the improvements; and

254 (ii) the general location of the improvements, by reference to streets or portions or
255 extensions of streets or by any other means that the governing body chooses that reasonably
256 describes the general location of the improvements;
257 (d) state the estimated cost of the improvements as determined by a project engineer;
258 (e) state that the local entity proposes to levy an assessment on benefitted property
259 within the assessment area to pay some or all of the cost of the improvements according to the
260 estimated direct and indirect benefits to the property from the improvements;
261 (f) state the assessment method by which the governing body proposes to levy the
262 assessment;
263 (g) state:
264 (i) the time within which and the location at which protests against designation of the
265 proposed assessment area or of the proposed improvements are required to be filed; and
266 (ii) the method by which the governing body will determine the number of protests
267 required to defeat the designation of the proposed assessment area or acquisition or
268 construction of the proposed improvements;
269 (h) state the date, time, and place of the public hearing required in Section 11-42-204 ;
270 (i) if the governing body elects to create and fund a reserve fund under Section
271 11-42-702 , include a description of:
272 (i) how the reserve fund will be funded and replenished; and
273 (ii) how remaining money in the reserve fund is to be disbursed upon full payment of
274 the bonds;
275 (j) if the governing body intends to designate a voluntary assessment area, include a
276 property owner consent form that:
277 (i) estimates the total assessment to be levied against the particular parcel of property;
278 (ii) describes any additional benefits that the governing body expects the assessed
279 property to receive from the improvements; and
280 (iii) designates the date and time by which the fully executed consent form is required
281 to be submitted to the governing body;

282 (k) if the local entity intends to levy an assessment to pay operation and maintenance
283 costs or for economic promotion activities, include:
284 (i) a description of the operation and maintenance costs or economic promotion
285 activities to be paid by assessments and the initial estimated annual assessment to be levied;
286 (ii) a description of how the estimated assessment will be determined;
287 (iii) a description of how and when the governing body will adjust the assessment to
288 reflect the costs of:
289 (A) in accordance with Section 11-42-406 , current economic promotion activities; or
290 (B) current operation and maintenance costs;
291 (iv) a description of the method of assessment if different from the method of
292 assessment to be used for financing any improvement; and
293 (v) a statement of the maximum number of years over which the assessment will be
294 levied for:
295 (A) operation and maintenance costs; or
296 (B) economic promotion activities; and
297 (l) if the governing body intends to divide the proposed assessment area into zones
298 under Subsection 11-42-201 (1)(b), include a description of the proposed zones.
299 (2) A notice required under Subsection 11-42-201 (2)(a) may contain other information
300 that the governing body considers to be appropriate, including:
301 (a) the amount or proportion of the cost of the improvement to be paid by the local
302 entity or from sources other than an assessment;
303 (b) the estimated amount of each type of assessment for the various improvements to
304 be financed according to the method of assessment that the governing body chooses; and
305 (c) provisions for any improvements described in Subsection 11-42-102 (22)[(b)](a)(ii).
306 (3) Each notice required under Subsection 11-42-201 (2)(a) shall:
307 (a) (i) (A) be published in a newspaper of general circulation within the local entity's
308 jurisdictional boundaries, once a week for four consecutive weeks, with the last publication at
309 least five but not more than 20 days before the deadline for filing protests specified in the

310 notice under Subsection (1)(g); or
311 (B) if there is no newspaper of general circulation within the local entity's jurisdictional
312 boundaries, be posted in at least three public places within the local entity's jurisdictional
313 boundaries at least 20 but not more than 35 days before the deadline for filing protests
314 specified in the notice under Subsection (1)(g); and
315 (ii) be published on the Utah Public Notice Website described in Section 63F-1-701 for
316 four weeks before the deadline for filing protests specified in the notice under Subsection
317 (1)(g); and
318 (b) be mailed, postage prepaid, within 10 days after the first publication or posting of
319 the notice under Subsection (3)(a) to each owner of property to be assessed within the proposed
320 assessment area at the property owner's mailing address.
321 Section 3. Section 17B-1-103 is amended to read:
322 17B-1-103. Local district status and powers.
323 (1) A local district:
324 (a) is:
325 (i) a body corporate and politic with perpetual succession;
326 (ii) a quasi-municipal corporation; and
327 (iii) a political subdivision of the state; and
328 (b) may sue and be sued.
329 (2) A local district may:
330 (a) acquire, by any lawful means, or lease any real property, personal property, or a
331 groundwater right necessary or convenient to the full exercise of the district's powers;
332 (b) acquire, by any lawful means, any interest in real property, personal property, or a
333 groundwater right necessary or convenient to the full exercise of the district's powers;
334 (c) transfer an interest in or dispose of any property or interest described in Subsections
335 (2)(a) and (b);
336 (d) acquire or construct works, facilities, and improvements necessary or convenient to
337 the full exercise of the district's powers, and operate, control, maintain, and use those works,

338 facilities, and improvements;
339 (e) borrow money and incur indebtedness for any lawful district purpose;
340 (f) issue bonds, including refunding bonds:
341 (i) for any lawful district purpose; and
342 (ii) as provided in and subject to Part 11, Local District Bonds;
343 (g) levy and collect property taxes:
344 (i) for any lawful district purpose or expenditure, including to cover a deficit resulting
345 from tax delinquencies in a preceding year; and
346 (ii) as provided in and subject to Part 10, Local District Property Tax Levy;
347 (h) as provided in Title 78B, Chapter 6, Part 5, Eminent Domain, acquire by eminent
348 domain property necessary to the exercise of the district's powers;
349 (i) invest money as provided in Title 51, Chapter 7, State Money Management Act;
350 (j) (i) impose fees or other charges for commodities, services, or facilities provided by
351 the district, to pay some or all of the district's costs of providing the commodities, services, and
352 facilities, including the costs of:
353 (A) maintaining and operating the district;
354 (B) acquiring, purchasing, constructing, improving, or enlarging district facilities;
355 (C) issuing bonds and paying debt service on district bonds; and
356 (D) providing a reserve established by the board of trustees; and
357 (ii) take action the board of trustees considers appropriate and adopt regulations to
358 assure the collection of all fees and charges that the district imposes;
359 (k) if applicable, charge and collect a fee to pay for the cost of connecting a customer's
360 property to district facilities in order for the district to provide service to the property;
361 (l) enter into a contract that the local district board of trustees considers necessary,
362 convenient, or desirable to carry out the district's purposes, including a contract:
363 (i) with the United States or any department or agency of the United States;
364 (ii) to indemnify and save harmless; or
365 (iii) to do any act to exercise district powers;

366 (m) purchase supplies, equipment, and materials;
367 (n) encumber district property upon terms and conditions that the board of trustees
368 considers appropriate;
369 (o) exercise other powers and perform other functions that are provided by law;
370 (p) construct and maintain works and establish and maintain facilities, including works
371 or facilities:
372 (i) across or along any public street or highway, subject to Subsection (3) and if the
373 district:
374 (A) promptly restores the street or highway, as much as practicable, to its former state
375 of usefulness; and
376 (B) does not use the street or highway in a manner that completely or unnecessarily
377 impairs the usefulness of it;
378 (ii) in, upon, or over any vacant public lands that are or become the property of the
379 state, including school and institutional trust lands, as defined in Section 53C-1-103 , if the
380 director of the School and Institutional Trust Lands Administration, acting under Sections
381 53C-1-102 and 53C-1-303 , consents; or
382 (iii) across any stream of water or watercourse, subject to Section 73-3-29 ;
383 (q) perform any act or exercise any power reasonably necessary for the efficient
384 operation of the local district in carrying out its purposes;
385 (r) (i) except for a local district described in Subsection (2)(r)(ii), designate an
386 assessment area and levy an assessment on land within the assessment area, as provided in
387 Title 11, Chapter 42, Assessment Area Act; or
388 (ii) for a local district created to assess a groundwater right in a critical management
389 area described in Subsection 17B-1-202 (1)[(c)], designate an assessment area and levy an
390 assessment, as provided in Title 11, Chapter 42, Assessment Area Act, on a groundwater right
391 to facilitate a groundwater management plan;
392 (s) contract with another political subdivision of the state to allow the other political
393 subdivision to use the district's surplus water or capacity or have an ownership interest in the

394 district's works or facilities, upon the terms and for the consideration, whether monetary or
395 nonmonetary consideration or no consideration, that the district's board of trustees considers to
396 be in the best interests of the district and the public; and
397 (t) upon the terms and for the consideration, whether monetary or nonmonetary
398 consideration or no consideration, that the district's board of trustees considers to be in the best
399 interests of the district and the public, agree:
400 (i) with:
401 (A) another political subdivision of the state; or
402 (B) a public or private owner of property:
403 (I) on which the district has a right-of-way; or
404 (II) adjacent to which the district owns fee title to property; and
405 (ii) to allow the use of property:
406 (A) owned by the district; or
407 (B) on which the district has a right-of-way.
408 (3) With respect to a local district's use of a street or highway, as provided in
409 Subsection (2)(p)(i):
410 (a) the district shall comply with the reasonable rules and regulations of the
411 governmental entity, whether state, county, or municipal, with jurisdiction over the street or
412 highway, concerning:
413 (i) an excavation and the refilling of an excavation;
414 (ii) the relaying of pavement; and
415 (iii) the protection of the public during a construction period; and
416 (b) the governmental entity, whether state, county, or municipal, with jurisdiction over
417 the street or highway:
418 (i) may not require the district to pay a license or permit fee or file a bond; and
419 (ii) may require the district to pay a reasonable inspection fee.
420 (4) (a) A local district may:
421 (i) acquire, lease, or construct and operate electrical generation, transmission, and

422 distribution facilities, if:
423 (A) the purpose of the facilities is to harness energy that results inherently from the
424 district's:
425 (I) operation of a project or facilities that the district is authorized to operate; or
426 (II) providing a service that the district is authorized to provide;
427 (B) the generation of electricity from the facilities is incidental to the primary
428 operations of the district; and
429 (C) operation of the facilities will not hinder or interfere with the primary operations of
430 the district;
431 (ii) (A) use electricity generated by the facilities; or
432 (B) subject to Subsection (4)(b), sell electricity generated by the facilities to an electric
433 utility or municipality with an existing system for distributing electricity.
434 (b) A district may not act as a retail distributor or seller of electricity.
435 (c) Revenue that a district receives from the sale of electricity from electrical
436 generation facilities it owns or operates under this section may be used for any lawful district
437 purpose, including the payment of bonds issued to pay some or all of the cost of acquiring or
438 constructing the facilities.
439 (5) A local district may adopt and, after adoption, alter a corporate seal.
440 Section 4. Section 17B-1-104.5 is enacted to read:
441 17B-1-104.5. Groundwater right owner provisions -- Vote.
442 (1) For purposes of this title, an owner of a groundwater right, is on the date of the
443 filing of a groundwater right owner petition or groundwater right owner request, the owner
444 according to:
445 (a) a deed recorded with the county recorder in accordance with Section 73-1-10 ; or
446 (b) a water right of record filed in the state engineer's office in accordance with Section
447 73-1-10 .
448 (2) For purposes of each provision of this title that requires the owners of groundwater
449 rights covering a percentage of the total groundwater rights within the proposed local district to

450 sign a request, petition, or protest:
451 (a) a groundwater right may not be included in the calculation of the required
452 percentage unless the request or petition is signed by:
453 (i) except as provided in Subsection (2)(a)(ii), owners representing a majority
454 ownership interest in that groundwater right; or
455 (ii) if the groundwater right is owned by joint tenants or tenants by the entirety, 50% of
456 the number of owners of that groundwater right;
457 (b) the signature of a person signing a request or petition in a representative capacity on
458 behalf of an owner is invalid unless:
459 (i) the person's representative capacity and the name of the owner the person represents
460 are indicated on the request or petition with the person's signature; and
461 (ii) the person provides documentation accompanying the request or petition that
462 reasonably substantiates the person's representative capacity; and
463 (c) subject to Subsection (2)(b), a duly appointed personal representative may sign a
464 request or petition on behalf of the estate of a deceased owner.
465 (3) For an election by groundwater right owners described in this title, each owner of a
466 groundwater right is entitled to cast one vote.
467 Section 5. Section 17B-1-201 is amended to read:
468 17B-1-201. Definitions.
469 As used in this part:
470 (1) "Applicable area" means:
471 (a) for a county, the unincorporated area of the county that is included within the
472 proposed local district; or
473 (b) for a municipality, the area of the municipality that is included within the proposed
474 local district.
475 (2) "Governing body" means:
476 (a) for a county or municipality, the legislative body of the county or municipality; and
477 (b) for a local district, the board of trustees of the local district.

478 (3) "Groundwater right owner petition" means a petition under Subsection
479 17B-1-203 (1)(c).
480 (4) "Groundwater right owner request" means a request under Section 17B-1-204 that
481 is signed by owners of water rights as provided in Subsection 17B-1-204 (2)(b)(ii).
482 [(3)] (5) "Initiating local district" means a local district that adopts a resolution
483 proposing the creation of a local district under Subsection 17B-1-203 (1)[(d)](e).
484 [(4)] (6) "Petition" means a petition under Subsection 17B-1-203 (1)(a) [or (b)], (b), or
485 (c).
486 [(5)] (7) "Property owner petition" means a petition under Subsection 17B-1-203 (1)(a).
487 [(6)] (8) "Property owner request" means a request under Section 17B-1-204 that is
488 signed by owners of real property as provided in Subsection 17B-1-204 (2)(b)(i).
489 [(7)] (9) "Registered voter request" means a request under Section 17B-1-204 that is
490 signed by registered voters as provided in Subsection 17B-1-204 (2)(b)[(ii)](iii).
491 [(8)] (10) "Registered voter petition" means a petition under Subsection
492 17B-1-203 (1)(b).
493 [(9)] (11) "Request" means a request as described in Section 17B-1-204 .
494 [(10)] (12) "Responsible body" means the governing body of:
495 (a) the municipality in which the proposed local district is located, if the petition or
496 resolution proposes the creation of a local district located entirely within a single municipality;
497 (b) the county in which the proposed local district is located, if the petition or
498 resolution proposes the creation of a local district located entirely within a single county and all
499 or part of the proposed local district is located within:
500 (i) the unincorporated part of the county; or
501 (ii) more than one municipality within the county;
502 (c) if the petition or resolution proposes the creation of a local district located within
503 more than one county, the county whose boundaries include more of the area of the proposed
504 local district than is included within the boundaries of any other county; or
505 (d) the initiating local district, if a resolution proposing the creation of a local district is

506 adopted under Subsection 17B-1-203 (1)[(d)](e).
507 [(11)] (13) "Responsible clerk" means the clerk of the county or the clerk or recorder of
508 the municipality whose legislative body is the responsible body.
509 Section 6. Section 17B-1-202 is amended to read:
510 17B-1-202. Local district may be created -- Services that may be provided --
511 Limitations.
512 (1) (a) A local district may be created as provided in this part to provide within its
513 boundaries service consisting of:
514 (i) the operation of an airport;
515 (ii) the operation of a cemetery;
516 (iii) fire protection, paramedic, and emergency services;
517 (iv) garbage collection and disposal;
518 (v) health care, including health department or hospital service;
519 (vi) the operation of a library;
520 (vii) abatement or control of mosquitos and other insects;
521 (viii) the operation of parks or recreation facilities or services;
522 (ix) the operation of a sewage system;
523 (x) street lighting;
524 (xi) the construction and maintenance of a right-of-way, including:
525 (A) a curb;
526 (B) a gutter;
527 (C) a sidewalk;
528 (D) a street;
529 (E) a road;
530 (F) a water line;
531 (G) a sewage line;
532 (H) a storm drain;
533 (I) an electricity line;

534 (J) a communications line; or
535 (K) a natural gas line;
536 (xii) transportation, including public transit and providing streets and roads;
537 (xiii) the operation of a system, or one or more components of a system, for the
538 collection, storage, retention, control, conservation, treatment, supplying, distribution, or
539 reclamation of water, including storm, flood, sewage, irrigation, and culinary water, whether
540 the system is operated on a wholesale or retail level or both;
541 (xiv) in accordance with Subsection (1)(c), the acquisition or assessment of a
542 groundwater right for the development and execution of a groundwater management plan in
543 cooperation with and approved by the state engineer in accordance with Section 73-5-15 ;
544 (xv) law enforcement service; or
545 (xvi) subject to Subsection (1)(b), the underground installation of an electric utility line
546 or the conversion to underground of an existing electric utility line.
547 (b) Each local district that provides the service of the underground installation of an
548 electric utility line or the conversion to underground of an existing electric utility line shall, in
549 installing or converting the line, provide advance notice to and coordinate with the utility that
550 owns the line.
551 (c) A groundwater management plan described in Subsection (1)(a)(xiv) may include
552 the banking of groundwater rights by a local district in a critical management area as defined in
553 Section 73-5-15 following the adoption of a groundwater management plan by the state
554 engineer under Section 73-5-15 .
555 (i) A local district may manage the groundwater rights it acquires under Subsection
556 17B-1-103 (2)(a) or (b) consistent with the provisions of a groundwater management plan
557 described in Subsection (1)(c).
558 (ii) A groundwater right held by a local district to satisfy the provisions of a
559 groundwater management plan is not subject to the forfeiture provisions of Section 73-1-4 .
560 (iii) (A) A local district may divest itself of a groundwater right subject to a
561 determination that the groundwater right is not required to facilitate the groundwater

562 management plan described in Subsection (1)(c).
563 (B) The groundwater right described in Subsection (1)(c)(iii)(A) is subject to Section
564 73-1-4 beginning on the date of divestiture.
565 (iv) Upon a determination by the state engineer that an area is no longer a critical
566 management area[, a water] as defined in Section 73-5-15 , a groundwater right held by the
567 local district is subject to Section 73-1-4 .
568 (2) For purposes of this section:
569 (a) "Operation" means all activities involved in providing the indicated service
570 including acquisition and ownership of property reasonably necessary to provide the indicated
571 service and acquisition, construction, and maintenance of facilities and equipment reasonably
572 necessary to provide the indicated service.
573 (b) "System" means the aggregate of interrelated components that combine together to
574 provide the indicated service including, for a sewage system, collection and treatment.
575 (3) (a) A local district may not be created to provide and may not after its creation
576 provide more than four of the services listed in Subsection (1).
577 (b) Subsection (3)(a) may not be construed to prohibit a local district from providing
578 more than four services if, before April 30, 2007, the local district was authorized to provide
579 those services.
580 (4) (a) Except as provided in Subsection (4)(b), a local district may not be created to
581 provide and may not after its creation provide to an area the same service already being
582 provided to that area by another political subdivision, unless the other political subdivision
583 gives its written consent.
584 (b) For purposes of Subsection (4)(a), a local district does not provide the same service
585 as another political subdivision if it operates a component of a system that is different from a
586 component operated by another political subdivision but within the same:
587 (i) sewage system; or
588 (ii) water system.
589 (5) (a) Except for a local district in the creation of which an election is not required

590 under Subsection 17B-1-214 (3)[(c)](d), the area of a local district may include all or part of the
591 unincorporated area of one or more counties and all or part of one or more municipalities.
592 (b) The area of a local district need not be contiguous.
593 (6) For a local district created before May 5, 2008, the authority to provide fire
594 protection service also includes the authority to provide:
595 (a) paramedic service; and
596 (b) emergency service, including hazardous materials response service.
597 (7) A local district created before May 11, 2010, authorized to provide the construction
598 and maintenance of curb, gutter, or sidewalk may provide a service described in Subsection
599 (1)(a)(xi) on or after May 11, 2010.
600 Section 7. Section 17B-1-203 is amended to read:
601 17B-1-203. Process to initiate the creation of a local district -- Petition or
602 resolution.
603 (1) The process to create a local district may be initiated by:
604 (a) unless the proposed local district is a local district to acquire or assess a
605 groundwater right under Section 17B-1-202 , and subject to Section 17B-1-204 , a petition
606 signed by the owners of private real property that:
607 (i) is located within the proposed local district;
608 (ii) covers at least 33% of the total private land area within the proposed local district
609 as a whole and within each applicable area;
610 (iii) is equal in value to at least 25% of the value of all private real property within the
611 proposed local district as a whole and within each applicable area; and
612 (iv) complies with the requirements of Subsection 17B-1-205 (1) and Section
613 17B-1-208 ;
614 (b) subject to Section 17B-1-204 , a petition that:
615 (i) is signed by registered voters residing within the proposed local district as a whole
616 and within each applicable area, equal in number to at least 33% of the number of votes cast in
617 the proposed local district as a whole and in each applicable area, respectively, for the office of

618 governor at the last regular general election prior to the filing of the petition; and
619 (ii) complies with the requirements of Subsection 17B-1-205 (1) and Section
620 17B-1-208 ;
621 (c) if the proposed local district is a local district to acquire or assess a groundwater
622 right under Section 17B-1-202 , and subject to Section 17B-1-204 , a petition signed by the
623 owners of groundwater rights that:
624 (i) are diverted within the proposed local district;
625 (ii) cover at least 33% of the total amount of groundwater diverted in accordance with
626 groundwater rights within the proposed local district as a whole and within each applicable
627 area; and
628 (iii) comply with the requirements of Subsection 17B-1-205 (1) and Section 17B-1-208 ;
629 [(c)] (d) a resolution proposing the creation of a local district, adopted by the
630 legislative body of each county whose unincorporated area includes and each municipality
631 whose boundaries include any of the proposed local district; or
632 [(d)] (e) a resolution proposing the creation of a local district, adopted by the board of
633 trustees of an existing local district whose boundaries completely encompass the proposed
634 local district, if:
635 (i) the proposed local district is being created to provide one or more components of
636 the same service that the initiating local district is authorized to provide; and
637 (ii) the initiating local district is not providing to the area of the proposed local district
638 any of the components that the proposed local district is being created to provide.
639 (2) (a) Each resolution under Subsection (1)[(c) or] (d) or (e) shall:
640 (i) describe the area proposed to be included in the proposed local district;
641 (ii) be accompanied by a map that shows the boundaries of the proposed local district;
642 (iii) describe the service proposed to be provided by the proposed local district;
643 (iv) if the resolution proposes the creation of a specialized local district, specify the
644 type of specialized local district proposed to be created;
645 (v) explain the anticipated method of paying the costs of providing the proposed

646 service;
647 (vi) state the estimated average financial impact on a household within the proposed
648 local district;
649 (vii) state the number of members that the board of trustees of the proposed local
650 district will have, consistent with the requirements of Subsection 17B-1-302 (2);
651 (viii) for a proposed basic local district:
652 (A) state whether the members of the board of trustees will be elected or appointed or
653 whether some members will be elected and some appointed, as provided in Section
654 17B-1-1402 ;
655 (B) if one or more members will be elected, state the basis upon which each elected
656 member will be elected; and
657 (C) if applicable, explain how the election or appointment of board members will
658 transition from one method to another based on stated milestones or events, as provided in
659 Section 17B-1-1402 ;
660 (ix) for a proposed improvement district whose remaining area members or county
661 members, as those terms are defined in Section 17B-2a-404 , are to be elected, state that those
662 members will be elected; and
663 (x) for a proposed service area that is entirely within the unincorporated area of a single
664 county, state whether the initial board of trustees will be:
665 (A) the county legislative body;
666 (B) appointed as provided in Section 17B-1-304 ; or
667 (C) elected as provided in Section 17B-1-306 .
668 (b) Each county or municipal legislative body adopting a resolution under Subsection
669 (1)[(c)](d) shall, on or before the first public hearing under Section 17B-1-210 , mail or deliver
670 a copy of the resolution to the responsible body if the county or municipal legislative body's
671 resolution is one of multiple resolutions adopted by multiple county or municipal legislative
672 bodies proposing the creation of the same local district.
673 [(3) Each petition under Subsection (1)(a) or (b) to create a local district to acquire a

674 groundwater right under Subsection 17B-1-103 (2)(a) or (b) shall explain the anticipated
675 method of paying for the groundwater right acquisition.]
676 Section 8. Section 17B-1-204 is amended to read:
677 17B-1-204. Request for service required before filing of petition -- Request
678 requirements.
679 (1) A petition may not be filed until after:
680 (a) a request has been filed with:
681 (i) the clerk of each county in whose unincorporated area any part of the proposed local
682 district is located; and
683 (ii) the clerk or recorder of each municipality in which any part of the proposed local
684 district is located; and
685 (b) each county and municipality with which a request under Subsection (1)(a) is filed:
686 (i) has adopted a resolution under Subsection 17B-1-212 (1) indicating whether it will
687 provide the requested service; or
688 (ii) is considered to have declined to provide the requested service under Subsection
689 17B-1-212 (2) or (3).
690 (2) Each request under Subsection (1)(a) shall:
691 (a) ask the county or municipality to provide the service proposed to be provided by the
692 proposed local district within the applicable area; and
693 (b) be signed by:
694 (i) unless the request is a request to create a local district to acquire or assess a
695 groundwater right under Section 17B-1-202 , the owners of private real property that:
696 (A) is located within the proposed local district;
697 (B) covers at least 10% of the total private land area within the applicable area; and
698 (C) is equal in value to at least 7% of the value of all private real property within the
699 applicable area; [or]
700 (ii) if the request is a request to create a local district to acquire or assess a groundwater
701 right under Section 17B-1-202 , the owners of groundwater rights that:

702 (A) are diverted within the proposed local district; and
703 (B) cover at least 10% of the amount of groundwater diverted in accordance with
704 groundwater rights within the applicable area; or
705 [(ii)] (iii) registered voters residing within the applicable area equal in number to at
706 least 10% of the number of votes cast in the applicable area for the office of governor at the last
707 general election prior to the filing of the request.
708 (3) For purposes of Subsections (1) and (2), an area proposed to be annexed to a
709 municipality in a petition under Section 10-2-403 filed before and still pending at the time of
710 filing of a petition shall be considered to be part of that municipality.
711 Section 9. Section 17B-1-205 is amended to read:
712 17B-1-205. Petition and request requirements -- Withdrawal of signature.
713 (1) Each petition and request shall:
714 (a) indicate the typed or printed name and current residence address of each property
715 owner, groundwater right owner, or registered voter signing the petition;
716 (b) (i) if it is a property owner request or petition, indicate the address of the property
717 as to which the owner is signing the request or petition; or
718 (ii) if it is a groundwater right owner request or petition, indicate the location of the
719 diversion of the groundwater as to which the owner is signing the groundwater right owner
720 request or petition;
721 (c) describe the entire area of the proposed local district;
722 (d) be accompanied by a map showing the boundaries of the entire proposed local
723 district;
724 (e) specify the service proposed to be provided by the proposed local district;
725 (f) if the petition or request proposes the creation of a specialized local district, specify
726 the type of specialized local district proposed to be created;
727 (g) for a proposed basic local district:
728 (i) state whether the members of the board of trustees will be elected or appointed or
729 whether some members will be elected and some appointed, as provided in Section

730 17B-1-1402 ;
731 (ii) if one or more members will be elected, state the basis upon which each elected
732 member will be elected; and
733 (iii) if applicable, explain how the election or appointment of board members will
734 transition from one method to another based on stated milestones or events, as provided in
735 Section 17B-1-1402 ;
736 (h) for a proposed improvement district whose remaining area members or county
737 members, as those terms are defined in Section 17B-2a-404 , are to be elected, state that those
738 members will be elected; and
739 (i) for a proposed service area that is entirely within the unincorporated area of a single
740 county, state whether the initial board of trustees will be:
741 (i) the county legislative body;
742 (ii) appointed as provided in Section 17B-1-304 ; or
743 (iii) elected as provided in Section 17B-1-306 ; [and]
744 (j) designate up to five signers of the petition or request as sponsors, one of whom shall
745 be designated as the contact sponsor, with the mailing address and telephone number of
746 each[.];
747 (k) if the petition or request is a groundwater right owner petition or request proposing
748 the creation of a local district to acquire a groundwater right under Section 17B-1-202 , explain
749 the anticipated method:
750 (i) of paying for the groundwater right acquisition; and
751 (ii) of addressing blowing dust created by the reduced use of water; and
752 (l) if the petition or request is a groundwater right owner petition or request proposing
753 the creation of a local district to assess a groundwater right under Section 17B-1-202 , explain
754 the anticipated method:
755 (i) of assessing the groundwater right and securing payment of the assessment; and
756 (ii) of addressing blowing dust created by the reduced use of water.
757 (2) A signer of a request or petition may withdraw or, once withdrawn, reinstate the

758 signer's signature at any time before the filing of the request or petition by filing a written
759 withdrawal or reinstatement with:
760 (a) in the case of a request:
761 (i) the clerk of the county or the clerk or recorder of the municipality in whose
762 applicable area the signer's property is located, if the request is a property owner request; [or]
763 (ii) the clerk of the county or the clerk or recorder of the municipality in whose
764 applicable area the signer's groundwater diversion point is located, if the request is a
765 groundwater right owner request; or
766 [(ii)] (iii) the clerk of the county or the clerk or recorder of the municipality in whose
767 applicable area the signer resides, if the request is a registered voter request; or
768 (b) in the case of a petition, the responsible clerk.
769 Section 10. Section 17B-1-209 is amended to read:
770 17B-1-209. Petition certification -- Amended petition.
771 (1) [Within] No later than five days after the [filing of a petition] day on which a
772 petition is filed, the responsible clerk shall mail a copy of the petition to the clerk of each other
773 county and the clerk or recorder of each municipality in which any part of the proposed local
774 district is located.
775 (2) (a) [Within] No later than 35 days after the [filing of a petition] day on which a
776 petition is filed, the clerk of each county whose unincorporated area includes and the clerk or
777 recorder of each municipality whose boundaries include part of the proposed local district
778 shall:
779 (i) with the assistance of other county or municipal officers from whom the county
780 clerk or municipal clerk or recorder requests assistance, determine, for the clerk or recorder's
781 respective county or municipality, whether the petition complies with the requirements of
782 Subsection 17B-1-203 (1)(a) [or], (b), or (c), as the case may be, and Subsections 17B-1-208 (2),
783 (3), and (4); and
784 (ii) notify the responsible clerk in writing of the clerk or recorder's determination under
785 Subsection (2)(a)(i).

786 (b) The responsible clerk may rely on the determinations of other county clerks or
787 municipal clerks or recorders under Subsection (2)(a) in making the responsible clerk's
788 determinations and certification or rejection under Subsection (3).
789 (3) (a) Within 45 days after the filing of a petition, the responsible clerk shall:
790 (i) determine whether the petition complies with Subsection 17B-1-203 (1)(a) [or], (b),
791 or (c), as the case may be, Subsection 17B-1-205 (1), and Section 17B-1-208 ; and
792 (ii) (A) if the responsible clerk determines that the petition complies with the
793 applicable requirements:
794 (I) (Aa) certify the petition and deliver the certified petition to the responsible body;
795 and
796 (Bb) mail or deliver written notification of the certification to the contact sponsor; or
797 (II) for each petition described in Subsection (3)(b)(i), deliver a copy of the petition to
798 the legislative body of each county whose unincorporated area includes and each municipality
799 whose boundaries include any of the proposed basic local district, with a notice indicating that
800 the clerk has determined that the petition complies with applicable requirements; or
801 (B) if the responsible clerk determines that the petition fails to comply with any of the
802 applicable requirements, reject the petition and notify the contact sponsor in writing of the
803 rejection and the reasons for the rejection.
804 (b) (i) A petition for which an election is not required under Subsection 17B-1-214 (3)
805 and that proposes the creation of a basic local district that has within its boundaries fewer than
806 one residential dwelling unit per 10 acres of land may not be certified without the approval, by
807 resolution, of the legislative body of each county whose unincorporated area includes and each
808 municipality whose boundaries include any of the proposed local district.
809 (ii) Before adopting a resolution giving its approval under Subsection (3)(b)(i), a
810 county or municipal legislative body may hold one or more public hearings on the petition.
811 (iii) If a petition described in Subsection (3)(b)(i) is approved as provided in that
812 subsection, the responsible clerk shall, within 10 days after its approval:
813 (A) certify the petition and deliver the certified petition to the responsible body; and

814 (B) mail or deliver written notification of the certification to the contact sponsor.
815 (4) Except for a petition described in Subsection (3)(b)(i), if the responsible clerk fails
816 to certify or reject a petition within 45 days after its filing, the petition shall be considered to be
817 certified.
818 (5) The responsible clerk shall certify or reject petitions in the order in which they are
819 filed.
820 (6) (a) If the responsible clerk rejects a petition under Subsection (3)(a)(ii)(B), the
821 petition may be amended to correct the deficiencies for which it was rejected and then refiled.
822 (b) A valid signature on a petition that was rejected under Subsection (3)(a)(ii)(B) may
823 be used toward fulfilling the applicable signature requirement of the petition as amended under
824 Subsection (6)(a).
825 (c) If a petition is amended and refiled under Subsection (6)(a) after having been
826 rejected by the responsible clerk under Subsection (3)(a)(ii)(B), the amended petition shall be
827 considered as newly filed, and its processing priority shall be determined by the date on which
828 it is refiled.
829 (7) The responsible clerk and each county clerk and municipal clerk or recorder shall
830 act in good faith in making the determinations under this section.
831 Section 11. Section 17B-1-210 is amended to read:
832 17B-1-210. Public hearing.
833 (1) The legislative body of each county and municipality with which a request is filed
834 or that adopts a resolution under Subsection 17B-1-203 (1)[(c)](d) and the board of trustees of
835 each local district that adopts a resolution under Subsection 17B-1-203 (1)[(d)](e) shall hold a
836 public hearing or a set of public hearings, sufficient in number and location to ensure that no
837 substantial group of residents of the proposed local district need travel an unreasonable
838 distance to attend a public hearing.
839 (2) Each public hearing under Subsection (1) shall be held:
840 (a) no later than 45 days after:
841 (i) for a public hearing on a request, certification of a request under Subsection

842 17B-1-206 (1)(b)(i); or
843 (ii) for a public hearing on a resolution, adoption of a resolution under Subsection
844 17B-1-203 (1)[(c) or] (d) or (e);
845 (b) within the proposed local district;
846 (c) except as provided in Subsections (6) and (7), within the applicable area; and
847 (d) for the purpose of:
848 (i) for a public hearing on a request, allowing public input on:
849 (A) whether the requested service is needed in the area of the proposed local district;
850 (B) whether the service should be provided by the county or municipality or the
851 proposed local district; and
852 (C) all other matters relating to the request or the proposed local district; or
853 (ii) for a public hearing on a resolution, allowing the public to ask questions of and
854 obtain further information from the governing body holding the hearing regarding the issues
855 contained in or raised by the resolution.
856 (3) A quorum of each governing body holding a public hearing under this section shall
857 be present throughout each hearing held by that governing body.
858 (4) Each hearing under this section shall be held on a weekday evening other than a
859 holiday beginning no earlier than 6 p.m.
860 (5) At the beginning and end of each hearing concerning a resolution, the governing
861 body shall announce the deadline for filing protests and generally explain the protest procedure
862 and requirements.
863 (6) Two or more county or municipal legislative bodies may jointly hold a hearing or
864 set of hearings required under this section if all the requirements of this section, other than the
865 requirements of Subsection (2)(c), are met as to each hearing.
866 (7) Notwithstanding Subsection (2)(c), a governing body may hold a public hearing or
867 set of public hearings outside the applicable area if:
868 (a) there is no reasonable place to hold a public hearing within the applicable area; and
869 (b) the public hearing or set of public hearings is held as close to the applicable area as

870 reasonably possible.
871 Section 12. Section 17B-1-211 is amended to read:
872 17B-1-211. Notice of public hearings -- Publication of resolution.
873 (1) Before holding a public hearing or set of public hearings under Section 17B-1-210 ,
874 the legislative body of each county or municipality with which a request is filed or that adopts a
875 resolution under Subsection 17B-1-203 (1)[(c)](d) and the board of trustees of each local
876 district that adopts a resolution under Subsection 17B-1-203 (1)[(d)](e) shall:
877 (a) (i) (A) except as provided in Subsections (1)(a)(i)(B) and (1)(a)(ii), publish notice
878 in a newspaper or combination of newspapers of general circulation within the applicable area
879 in accordance with Subsection (2); or
880 (B) if there is no newspaper or combination of newspapers of general circulation
881 within the applicable area, post notice in accordance with Subsection (2):
882 (I) at least one notice per 1,000 population of that area; and
883 (II) at places within the area that are most likely to provide actual notice to residents of
884 the area; and
885 (ii) publish notice on the Utah Public Notice Website created in Section 63F-1-701 , for
886 two weeks before the hearing or the first of the set of hearings; or
887 (b) mail a notice to each registered voter residing within and each owner of real
888 property located within the proposed local district.
889 (2) Each published notice under Subsection (1)(a)(i)(A) shall:
890 (a) be no less than 1/4 page in size, use type no smaller than 18 point, and be
891 surrounded by a 1/4-inch border;
892 (b) if possible, appear in a newspaper that is published at least one day per week;
893 (c) if possible, appear in a newspaper of general interest and readership in the area and
894 not of limited subject matter;
895 (d) be placed in a portion of the newspaper other than where legal notices and
896 classified advertisements appear; and
897 (e) be run at least once each week for two successive weeks, with the final publication

898 being no less than three and no more than 10 days before the hearing or the first of the set of
899 hearings.
900 (3) Each notice required under Subsection (1) shall:
901 (a) if the hearing or set of hearings is concerning a resolution:
902 (i) contain the entire text or an accurate summary of the resolution; and
903 (ii) state the deadline for filing a protest against the creation of the proposed local
904 district;
905 (b) clearly identify each governing body involved in the hearing or set of hearings;
906 (c) state the date, time, and place for the hearing or set of hearings and the purposes for
907 the hearing or set of hearings; and
908 (d) describe or include a map of the entire proposed local district.
909 (4) County or municipal legislative bodies may jointly provide the notice required
910 under this section if all the requirements of this section are met as to each notice.
911 Section 13. Section 17B-1-213 is amended to read:
912 17B-1-213. Protest after adoption of resolution -- Adoption of resolution
913 approving creation for certain districts.
914 (1) For purposes of this section, "adequate protests" means protests that are:
915 (a) filed with the county clerk, municipal clerk or recorder, or local district secretary or
916 clerk, as the case may be, within 60 days after the last public hearing required under Section
917 17B-1-210 ; and
918 (b) signed by:
919 (i) the owners of private real property that:
920 (A) is located within the proposed local district;
921 (B) covers at least 25% of the total private land area within the applicable area; and
922 (C) is equal in value to at least 15% of the value of all private real property within the
923 applicable area; or
924 (ii) registered voters residing within the applicable area equal in number to at least 25%
925 of the number of votes cast in the applicable area for the office of governor at the last general

926 election prior to the adoption of the resolution.
927 (2) If adequate protests are filed, the governing body that adopted a resolution under
928 Subsection 17B-1-203 (1)[(c) or] (d) or (e):
929 (a) may not:
930 (i) hold or participate in an election under Subsection 17B-1-214 (1) with respect to the
931 applicable area;
932 (ii) take any further action under the protested resolution to create a local district or
933 include the applicable area in a local district; or
934 (iii) for a period of two years, adopt a resolution under Subsection 17B-1-203 (1)[(c) or]
935 (d) or (e) proposing the creation of a local district including substantially the same area as the
936 applicable area and providing the same service as the proposed local district in the protested
937 resolution; and
938 (b) shall, within five days after receiving adequate protests, mail or deliver written
939 notification of the adequate protests to the responsible body.
940 (3) Subsection (2)(a) may not be construed to prevent an election from being held for a
941 proposed local district whose boundaries do not include an applicable area that is the subject of
942 adequate protests.
943 (4) (a) If adequate protests are not filed with respect to a resolution proposing the
944 creation of a local district for which an election is not required under Subsection
945 17B-1-214 (3)[(c), (d), or (e)](d), (e), or (f), a resolution approving the creation of the local
946 district may be adopted by:
947 (i) (A) the legislative body of a county whose unincorporated area is included within
948 the proposed local district; and
949 (B) the legislative body of a municipality whose area is included within the proposed
950 local district; or
951 (ii) the board of trustees of the initiating local district.
952 (b) Each resolution adopted under Subsection (4)(a) shall:
953 (i) describe the area included in the local district;

954 (ii) be accompanied by a map that shows the boundaries of the local district;
955 (iii) describe the service to be provided by the local district;
956 (iv) state the name of the local district; and
957 (v) provide a process for the appointment of the members of the initial board of
958 trustees.
959 Section 14. Section 17B-1-214 is amended to read:
960 17B-1-214. Election -- Exceptions.
961 (1) (a) Except as provided in Subsection (3) and in Subsection 17B-1-213 (2)(a), an
962 election on the question of whether the local district should be created shall be held by:
963 (i) if the proposed local district is located entirely within a single county, the
964 responsible clerk; or
965 (ii) except as provided under Subsection (1)(b), if the proposed local district is located
966 within more than one county, the clerk of each county in which part of the proposed local
967 district is located, in cooperation with the responsible clerk.
968 (b) Notwithstanding Subsection (1)(a)(ii), if the proposed local district is located
969 within more than one county and the only area of a county that is included within the proposed
970 local district is located within a single municipality, the election for that area shall be held by
971 the municipal clerk or recorder, in cooperation with the responsible clerk.
972 (2) Each election under Subsection (1) shall be held at the next special or regular
973 general election date that is:
974 (a) for an election pursuant to a property owner or registered voter petition, more than
975 45 days after certification of the petition under Subsection 17B-1-209 (3)[(b)(i)](a); or
976 (b) for an election pursuant to a resolution, more than 60 days after the latest hearing
977 required under Section 17B-1-210 .
978 (3) The election requirement of Subsection (1) does not apply to:
979 (a) a petition filed under Subsection 17B-1-203 (1)(a) if it contains the signatures of the
980 owners of private real property that:
981 (i) is located within the proposed local district;

982 (ii) covers at least 67% of the total private land area within the proposed local district
983 as a whole and within each applicable area; and
984 (iii) is equal in value to at least 50% of the value of all private real property within the
985 proposed local district as a whole and within each applicable area;
986 (b) a petition filed under Subsection 17B-1-203 (1)(b) if it contains the signatures of
987 registered voters residing within the proposed local district as a whole and within each
988 applicable area, equal in number to at least 67% of the number of votes cast in the proposed
989 local district as a whole and in each applicable area, respectively, for the office of governor at
990 the last general election prior to the filing of the petition;
991 (c) a groundwater right owner petition filed under Subsection 17B-1-203 (1)(c) if the
992 petition contains the signatures of the owners of groundwater rights that:
993 (i) are diverted within the proposed local district; and
994 (ii) cover at least 67% of the total amount of groundwater diverted in accordance with
995 groundwater rights within the proposed local district as a whole and within each applicable
996 area;
997 [(c)] (d) a resolution adopted under Subsection 17B-1-203 (1)[(c)](d) on or after May 5,
998 2003 that proposes the creation of a local district to provide fire protection, paramedic, and
999 emergency services or law enforcement service, if the proposed local district includes a
1000 majority of the unincorporated area of one or more counties;
1001 [(d)] (e) a resolution adopted under Subsection 17B-1-203 (1)[(c) or](d) or (e) if the
1002 resolution proposes the creation of a local district that has no registered voters within its
1003 boundaries; or
1004 [(e)] (f) a resolution adopted under Subsection 17B-1-203 (1)[(c)](d) on or after May
1005 11, 2010 that proposes the creation of a local district described in Subsection
1006 17B-1-202 (1)(a)(xiv).
1007 (4) (a) If the proposed local district is located in more than one county, the responsible
1008 clerk shall coordinate with the clerk of each other county and the clerk or recorder of each
1009 municipality involved in an election under Subsection (1) so that the election is held on the

1010 same date and in a consistent manner in each jurisdiction.
1011 (b) The clerk of each county and the clerk or recorder of each municipality involved in
1012 an election under Subsection (1) shall cooperate with the responsible clerk in holding the
1013 election.
1014 (c) Except as otherwise provided in this part, each election under Subsection (1) shall
1015 be governed by Title 20A, Election Code.
1016 Section 15. Section 17B-1-215 is amended to read:
1017 17B-1-215. Notice and plat to lieutenant governor -- Recording requirements --
1018 Certificate of incorporation -- Local district incorporated as specialized local district or
1019 basic local district -- Effective date.
1020 (1) (a) Within the time specified in Subsection (1)(b), the responsible body shall file
1021 with the lieutenant governor:
1022 (i) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5 ,
1023 that meets the requirements of Subsection 67-1a-6.5 (3); and
1024 (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 .
1025 (b) The responsible body shall file the documents listed in Subsection (1)(a) with the
1026 lieutenant governor within 10 days after:
1027 (i) the canvass of an election under Section 17B-1-214 , if a majority of those voting at
1028 the election within the proposed local district as a whole vote in favor of the creation of a local
1029 district;
1030 (ii) certification of a petition as to which the election requirement of Subsection
1031 17B-1-214 (1) does not apply because of Subsection 17B-1-214 (3)(a) [or], (b), or (c); or
1032 (iii) adoption of a resolution, under Subsection 17B-1-213 (4) approving the creation of
1033 a local district for which an election was not required under Subsection 17B-1-214 (3)[(c), (d),
1034 or (e)](d), (e), or (f), by the legislative body of each county whose unincorporated area is
1035 included within and the legislative body of each municipality whose area is included within the
1036 proposed local district, or by the board of trustees of the initiating local district.
1037 (2) Upon the lieutenant governor's issuance of a certificate of incorporation under

1038 Section 67-1a-6.5 , the responsible body shall:
1039 (a) if the local district is located within the boundary of a single county, submit to the
1040 recorder of that county:
1041 (i) the original:
1042 (A) notice of an impending boundary action;
1043 (B) certificate of incorporation; and
1044 (C) approved final local entity plat; and
1045 (ii) if applicable, a certified copy of each resolution adopted under Subsection
1046 17B-1-213 (4); or
1047 (b) if the local district is located within the boundaries of more than a single county:
1048 (i) submit to the recorder of one of those counties:
1049 (A) the original of the documents listed in Subsections (2)(a)(i)(A), (B), and (C); and
1050 (B) if applicable, a certified copy of each resolution adopted under Subsection
1051 17B-1-213 (4); and
1052 (ii) submit to the recorder of each other county:
1053 (A) a certified copy of the documents listed in Subsection (2)(a)(i)(A), (B), and (C);
1054 and
1055 (B) if applicable, a certified copy of each resolution adopted under Subsection
1056 17B-1-213 (4).
1057 (3) The area of each local district consists of:
1058 (a) if an election was held under Section 17B-1-214 , the area of the new local district
1059 as approved at the election;
1060 (b) if an election was not required because of Subsection 17B-1-214 (3)(a) [or (b)], (b),
1061 or (c), the area of the proposed local district as described in the petition; or
1062 (c) if an election was not required because of Subsection 17B-1-214 (3)[(c), (d), or
1063 (e)](d), (e), or (f), the area of the new local district as described in the resolution adopted under
1064 Subsection 17B-1-213 (4).
1065 (4) (a) Upon the lieutenant governor's issuance of the certificate of incorporation under

1066 Section 67-1a-6.5 , the local district is created and incorporated as:
1067 (i) the type of specialized local district that was specified in the petition under
1068 Subsection 17B-1-203 (1)(a) [or], (b), or (c) or resolution under Subsection 17B-1-203 (1)[(c)
1069 or] (d) or (e), if the petition or resolution proposed the creation of a specialized local district; or
1070 (ii) a basic local district, if the petition or resolution did not propose the creation of a
1071 specialized local district.
1072 (b) (i) The effective date of a local district's incorporation for purposes of assessing
1073 property within the local district is governed by Section 59-2-305.5 .
1074 (ii) Until the documents listed in Subsection (2) are recorded in the office of the
1075 recorder of each county in which the property is located, a newly incorporated local district
1076 may not:
1077 (A) levy or collect a property tax on property within the local district;
1078 (B) levy or collect an assessment on property within the local district; or
1079 (C) charge or collect a fee for service provided to property within the local district.
1080 Section 16. Section 17B-1-302 is amended to read:
1081 17B-1-302. Board member qualifications -- Number of board members.
1082 (1) (a) Each member of a local district board of trustees shall be:
1083 (i) a registered voter at the location of the member's residence; and
1084 (ii) except as provided in Subsections (1)(b) and (c), a resident within:
1085 (A) the boundaries of the local district; and
1086 (B) if applicable, the boundaries of the division of the local district from which the
1087 member is elected.
1088 (b) (i) As used in this Subsection (1)(b):
1089 (A) "Proportional number" means the number of members of a board of trustees that
1090 bears, as close as mathematically possible, the same proportion to all members of the board that
1091 the number of seasonally occupied homes bears to all residences within the district that receive
1092 service from the district.
1093 (B) "Seasonally occupied home" means a single-family residence:

1094 (I) that is located within the local district;
1095 (II) that receives service from the local district; and
1096 (III) whose owner:
1097 (Aa) does not reside permanently at the residence; and
1098 (Bb) may occupy the residence on a temporary or seasonal basis.
1099 (ii) If over 50% of the residences within a local district that receive service from the
1100 local district are seasonally occupied homes, the requirement under Subsection (1)(a)(ii) is
1101 replaced, for a proportional number of members of the board of trustees, with the requirement
1102 that the member be an owner of land, or an agent or officer of the owner of land, that:
1103 (A) receives service from the district; and
1104 (B) is located within:
1105 (I) the local district; and
1106 (II) if applicable, the division from which the member is elected.
1107 (c) For a board of trustees member in a basic local district that has within its
1108 boundaries fewer than one residential dwelling unit per 10 acres of land, the requirement under
1109 Subsection (1)(a)(ii) is replaced with the requirement that the member be an owner of land
1110 within the local district that receives service from the district, or an agent or officer of the
1111 owner.
1112 (2) Except as otherwise provided by statute, the number of members of each board of
1113 trustees of a local district shall be an odd number that is no less than three.
1114 (3) For a newly created local district, the number of members of the initial board of
1115 trustees shall be the number specified:
1116 (a) for a local district whose creation was initiated by a petition under Subsection
1117 17B-1-203 (1)(a) [or], (b), or (c), in the petition; or
1118 (b) for a local district whose creation was initiated by a resolution under Subsection
1119 17B-1-203 (1)[(c) or] (d) or (e), in the resolution.
1120 (4) (a) For an existing local district, the number of members of the board of trustees
1121 may be changed by a two-thirds vote of the board of trustees.

1122 (b) No change in the number of members of a board of trustees under Subsection (4)(a)
1123 may:
1124 (i) violate Subsection (2); or
1125 (ii) serve to shorten the term of any member of the board.
1126 Section 17. Section 17B-1-402 is amended to read:
1127 17B-1-402. Annexation of area outside local district.
1128 (1) An area outside the boundaries of a local district may be annexed to the local
1129 district, as provided in this part, in order to provide to the area a service that the local district
1130 provides.
1131 (2) The area proposed to be annexed:
1132 (a) may consist of one or more noncontiguous areas; and
1133 (b) need not be adjacent to the boundaries of the proposed annexing local district.
1134 (3) With respect to a local district in the creation of which an election was not required
1135 under Subsection 17B-1-214 (3)[(c)](d):
1136 (a) an unincorporated area of a county may not be annexed to the local district unless,
1137 after annexation, at least a majority of the unincorporated area of the county will be included in
1138 the local district; and
1139 (b) the annexation of any part of an area within a municipality shall include all of the
1140 area within the municipality.
1141 (4) A local district may not annex an area located within a project area described in a
1142 project area plan adopted by the military installation development authority under Title 63H,
1143 Chapter 1, Military Installation Development Authority Act, without the authority's approval.
1144 Section 18. Section 17B-1-414 is amended to read:
1145 17B-1-414. Resolution approving an annexation -- Filing of notice and plat with
1146 lieutenant governor -- Recording requirements -- Effective date.
1147 (1) (a) Subject to Subsection (1)(b), the local district board shall adopt a resolution
1148 approving the annexation of the area proposed to be annexed or rejecting the proposed
1149 annexation within 30 days after:

1150 (i) expiration of the protest period under Subsection 17B-1-412 (2), if sufficient protests
1151 to require an election are not filed;
1152 (ii) for a petition that meets the requirements of Subsection 17B-1-413 (1):
1153 (A) a public hearing under Section 17B-1-409 is held, if the board chooses or is
1154 required to hold a public hearing under Subsection 17B-1-413 (2)(a)(ii); or
1155 (B) expiration of the time for submitting a request for public hearing under Subsection
1156 17B-1-413 (2)(a)(ii)(B), if no request is submitted and the board chooses not to hold a public
1157 hearing.
1158 (b) If the local district has entered into an agreement with the United States that
1159 requires the consent of the United States for an annexation of territory to the district, a
1160 resolution approving annexation under this part may not be adopted until the written consent of
1161 the United States is obtained and filed with the board of trustees.
1162 (2) (a) (i) Within the time specified under Subsection (2)(a)(ii), the board shall file with
1163 the lieutenant governor:
1164 (A) a copy of a notice of an impending boundary action, as defined in Section
1165 67-1a-6.5 , that meets the requirements of Subsection 67-1a-6.5 (3) and, if applicable,
1166 Subsection (2)(b); and
1167 (B) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 .
1168 (ii) The board shall file the documents listed in Subsection (2)(a)(i) with the lieutenant
1169 governor:
1170 (A) within 30 days after adoption of a resolution under Subsection (1), Subsection
1171 17B-1-412 (3)(c)(i), or Section 17B-1-415 ; and
1172 (B) as soon as practicable after receiving the notice under Subsection 10-2-425 (2) of a
1173 municipal annexation that causes an automatic annexation to a local district under Section
1174 17B-1-416 .
1175 (b) For an automatic annexation to a local district under Section 17B-1-416 , the notice
1176 of an impending boundary action required under Subsection (2)(a) shall state that an area
1177 outside the boundaries of the local district is being automatically annexed to the local district

1178 under Section 17B-1-416 because of a municipal annexation under Title 10, Chapter 2, Part 4,
1179 Annexation.
1180 (c) Upon the lieutenant governor's issuance of a certificate of annexation under Section
1181 67-1a-6.5 , the board shall:
1182 (i) if the annexed area is located within the boundary of a single county, submit to the
1183 recorder of that county:
1184 (A) the original:
1185 (I) notice of an impending boundary action;
1186 (II) certificate of annexation; and
1187 (III) approved final local entity plat; and
1188 (B) a certified copy of the annexation resolution; or
1189 (ii) if the annexed area is located within the boundaries of more than a single county:
1190 (A) submit to the recorder of one of those counties:
1191 (I) the original of the documents listed in Subsections (2)(c)(i)(A)(I), (II), and (III); and
1192 (II) a certified copy of the annexation resolution; and
1193 (B) submit to the recorder of each other county:
1194 (I) a certified copy of the documents listed in Subsection (2)(c)(i)(A)(I), (II), and (III);
1195 and
1196 (II) a certified copy of the annexation resolution.
1197 (3) (a) As used in this Subsection (3), "fire district annexation" means an annexation
1198 under this part of an area located in a county of the first class to a local district:
1199 (i) created to provide fire protection, paramedic, and emergency services; and
1200 (ii) in the creation of which an election was not required because of Subsection
1201 17B-1-214 (3)[(c)](d).
1202 (b) An annexation under this part is complete and becomes effective:
1203 (i) (A) on July 1 for a fire district annexation, if the lieutenant governor issues the
1204 certificate of annexation under Section 67-1a-6.5 from January 1 through June 30; or
1205 (B) on January 1 for a fire district annexation, if the lieutenant governor issues the

1206 certificate of annexation under Section 67-1a-6.5 from July 1 through December 31; or
1207 (ii) upon the lieutenant governor's issuance of the certificate of annexation under
1208 Section 67-1a-6.5 , for any other annexation.
1209 (c) (i) The effective date of a local district annexation for purposes of assessing
1210 property within the annexed area is governed by Section 59-2-305.5 .
1211 (ii) Until the documents listed in Subsection (2)(c) are recorded in the office of the
1212 recorder of each county in which the property is located, a local district may not:
1213 (A) levy or collect a property tax on property within the annexed area;
1214 (B) levy or collect an assessment on property within the annexed area; or
1215 (C) charge or collect a fee for service provided to property within the annexed area.
1216 (iii) Subsection (3)(c)(ii)(C):
1217 (A) may not be construed to limit a local district's ability before annexation to charge
1218 and collect a fee for service provided to property that is outside the local district's boundary;
1219 and
1220 (B) does not apply until 60 days after the effective date, under Subsection (3)(b), of the
1221 local district's annexation, with respect to a fee that the local district was charging for service
1222 provided to property within the annexed area immediately before the area was annexed to the
1223 local district.
1224 Section 19. Section 17B-1-416 is amended to read:
1225 17B-1-416. Automatic annexation to a district providing fire protection,
1226 paramedic, and emergency services or law enforcement service.
1227 (1) An area outside the boundaries of a local district that is annexed to a municipality
1228 or added to a municipality by a boundary adjustment under Title 10, Chapter 2, Part 4,
1229 Annexation, is automatically annexed to the local district if:
1230 (a) the local district provides:
1231 (i) fire protection, paramedic, and emergency services; or
1232 (ii) law enforcement service;
1233 (b) an election for the creation of the local district was not required because of

1234 Subsection 17B-1-214 (3)[(c)](d); and
1235 (c) before the municipal annexation or boundary adjustment, the entire municipality
1236 that is annexing the area or adding the area by boundary adjustment was included within the
1237 local district.
1238 (2) The effective date of an annexation under this section is governed by Subsection
1239 17B-1-414 (3)(b).
1240 Section 20. Section 17B-1-502 is amended to read:
1241 17B-1-502. Withdrawal of area from local district -- Automatic withdrawal in
1242 certain circumstances -- Definitions.
1243 (1) (a) An area within the boundaries of a local district may be withdrawn from the
1244 local district only as provided in this part.
1245 (b) Except as provided in Subsections (2) and (3), the inclusion of an area of a local
1246 district within a municipality because of a municipal incorporation under Title 10, Chapter 2,
1247 Part 1, Incorporation, or a municipal annexation or boundary adjustment under Title 10,
1248 Chapter 2, Part 4, Annexation, does not affect the requirements under this part for the process
1249 of withdrawing that area from the local district.
1250 (2) (a) An area within the boundaries of a local district is automatically withdrawn
1251 from the local district by the annexation of the area to a municipality or the adding of the area
1252 to a municipality by boundary adjustment under Title 10, Chapter 2, Part 4, Annexation, if:
1253 (i) the local district provides:
1254 (A) fire protection, paramedic, and emergency services; or
1255 (B) law enforcement service;
1256 (ii) an election for the creation of the local district was not required because of
1257 Subsection 17B-1-214 (3)[(c)](d); and
1258 (iii) before annexation or boundary adjustment, the boundaries of the local district do
1259 not include any of the annexing municipality.
1260 (b) The effective date of a withdrawal under this Subsection (2) is governed by
1261 Subsection 17B-1-512 (2)(b).

1262 (3) (a) An area within the boundaries of a local district located in a county of the first
1263 class is automatically withdrawn from the local district by the incorporation of a municipality
1264 whose boundaries include the area if:
1265 (i) the local district provides:
1266 (A) fire protection, paramedic, and emergency services; or
1267 (B) law enforcement service;
1268 (ii) an election for the creation of the local district was not required because of
1269 Subsection 17B-1-214 (3)[(c)](d); and
1270 (iii) the legislative body of the newly incorporated municipality:
1271 (A) adopts a resolution approving the withdrawal that includes the legal description of
1272 the area to be withdrawn; and
1273 (B) delivers a copy of the resolution to the board of trustees of the local district.
1274 (b) The effective date of a withdrawal under this Subsection (3) is governed by
1275 Subsection 17B-1-512 (2)(a).
1276 Section 21. Section 17B-1-505 is amended to read:
1277 17B-1-505. Withdrawal of municipality in certain districts providing fire
1278 protection, paramedic, and emergency services or law enforcement service.
1279 (1) (a) The process to withdraw an area from a local district may be initiated by a
1280 resolution adopted by the legislative body of a municipality that is entirely within the
1281 boundaries of a local district:
1282 (i) that provides:
1283 (A) fire protection, paramedic, and emergency services; or
1284 (B) law enforcement service; and
1285 (ii) in the creation of which an election was not required because of Subsection
1286 17B-1-214 (3)[(c)](d).
1287 (b) Within 10 days after adopting a resolution under Subsection (1)(a), the municipal
1288 legislative body shall submit to the board of trustees of the local district written notice of the
1289 adoption of the resolution, accompanied by a copy of the resolution.

1290 (2) If a resolution is adopted under Subsection (1)(a), the municipal legislative body
1291 shall hold an election at the next municipal general election that is more than 60 days after
1292 adoption of the resolution on the question of whether the municipality should withdraw from
1293 the local district.
1294 (3) If a majority of those voting on the question of withdrawal at an election held under
1295 Subsection (2) vote in favor of withdrawal, the municipality shall be withdrawn from the local
1296 district.
1297 (4) (a) Within 10 days after the canvass of an election at which a withdrawal under this
1298 section is submitted to voters, the municipal legislative body shall send written notice to the
1299 board of the local district from which the municipality is proposed to withdraw.
1300 (b) Each notice under Subsection (4)(a) shall:
1301 (i) state the results of the withdrawal election; and
1302 (ii) if the withdrawal was approved by voters, be accompanied by a map or legal
1303 description of the area to be withdrawn, adequate for purposes of the county assessor and
1304 recorder.
1305 (5) The effective date of a withdrawal under this section is governed by Subsection
1306 17B-1-512 (2)(a).
1307 Section 22. Section 17B-1-1402 is amended to read:
1308 17B-1-1402. Board of trustees of a basic local district.
1309 (1) As specified in a petition under Subsection 17B-1-203 (1)(a) or (b) or a resolution
1310 under Subsection 17B-1-203 (1)[(c) or] (d) or (e), and except as provided in Subsection (2), the
1311 members of a board of trustees of a basic local district may be:
1312 (a) (i) elected by registered voters; or
1313 (ii) appointed by the responsible body, as defined in Section 17B-1-201 ; or
1314 (b) if the area of the local district contains less than one residential dwelling unit per 50
1315 acres of land at the time the resolution is adopted or the petition is filed, elected by the owners
1316 of real property within the local district based on:
1317 (i) the amount of acreage owned by property owners;

1318 (ii) the assessed value of property owned by property owners; or
1319 (iii) water rights:
1320 (A) relating to the real property within the local district;
1321 (B) that the real property owner:
1322 (I) owns; or
1323 (II) has transferred to the local district.
1324 (2) As specified in a groundwater right owner petition under Subsection
1325 17B-1-203 (1)(c) or a resolution under Subsection 17B-1-203 (1)(d) or (e), the members of a
1326 board of trustees of a basic local district created to manage groundwater rights the district
1327 acquires or assesses under Section 17B-1-202 shall be:
1328 (a) subject to Section 17B-1-104.5 , elected by the owners of groundwater rights that
1329 are diverted within the local district;
1330 (b) appointed by the responsible body, as defined in Section 17B-1-201 ; or
1331 (c) elected or appointed as provided in Subsection (3).
1332 [(2)] (3) A petition under Subsection 17B-1-203 (1)(a) or (b) and a resolution under
1333 Subsection 17B-1-203 (1)[(c) or] (d) or (e) may provide for a transition from one or more
1334 methods of election or appointment under Subsection (1) or (2) to one or more other methods
1335 of election or appointment based upon milestones or events that the petition or resolution
1336 identifies.
1337 Section 23. Section 17B-2a-905 is amended to read:
1338 17B-2a-905. Service area board of trustees.
1339 (1) (a) Except as provided in Subsection (2):
1340 (i) the initial board of trustees of a service area located entirely within the
1341 unincorporated area of a single county may, as stated in the petition or resolution that initiated
1342 the process of creating the service area:
1343 (A) consist of the county legislative body;
1344 (B) be appointed, as provided in Section 17B-1-304 ; or
1345 (C) be elected, as provided in Section 17B-1-306 ;

1346 (ii) if the board of trustees of a service area consists of the county legislative body, the
1347 board may adopt a resolution providing for future board members to be appointed, as provided
1348 in Section 17B-1-304 , or elected, as provided in Section 17B-1-306 ; and
1349 (iii) members of the board of trustees of a service area shall be elected, as provided in
1350 Section 17B-1-306 , if:
1351 (A) the service area is not entirely within the unincorporated area of a single county;
1352 (B) a petition is filed with the board of trustees requesting that board members be
1353 elected, and the petition is signed by registered voters within the service area equal in number
1354 to at least 10% of the number of registered voters within the service area who voted at the last
1355 gubernatorial election; or
1356 (C) an election is held to authorize the service area's issuance of bonds.
1357 (b) If members of the board of trustees of a service area are required to be elected
1358 under Subsection (1)(a)(iii)(C) because of a bond election:
1359 (i) board members shall be elected in conjunction with the bond election;
1360 (ii) the board of trustees shall:
1361 (A) establish a process to enable potential candidates to file a declaration of candidacy
1362 sufficiently in advance of the election; and
1363 (B) provide a ballot for the election of board members separate from the bond ballot;
1364 and
1365 (iii) except as provided in this Subsection (1)(b), the election shall be held as provided
1366 in Section 17B-1-306 .
1367 (2) (a) This Subsection (2) applies to a service area created on or after May 5, 2003 if:
1368 (i) the service area was created to provide:
1369 (A) fire protection, paramedic, and emergency services; or
1370 (B) law enforcement service; and
1371 (ii) in the creation of the service area, an election was not required under Subsection
1372 17B-1-214 (3)[(c)](d).
1373 (b) (i) Each county whose unincorporated area is included within a service area

1374 described in Subsection (2)(a), whether in conjunction with the creation of the service area or
1375 by later annexation, shall appoint three members to the board of trustees.
1376 (ii) Each municipality whose area is included within a service area described in
1377 Subsection (2)(a), whether in conjunction with the creation of the service area or by later
1378 annexation, shall appoint one member to the board of trustees.
1379 (iii) Each member appointed by a county or municipality under Subsection (2)(b)(i) or
1380 (ii) shall be an elected official of the appointing county or municipality, respectively.
1381 (c) Notwithstanding Subsection 17B-1-302 (2), the number of members of a board of
1382 trustees of a service area described in Subsection (2)(a) shall be the number resulting from
1383 application of Subsection (2)(b).
1384 Section 24. Section 73-5-15 is amended to read:
1385 73-5-15. Groundwater management plan.
1386 (1) As used in this section:
1387 (a) "Critical management area" means a groundwater basin in which the groundwater
1388 withdrawals consistently exceed the safe yield.
1389 (b) "Safe yield" means the amount of groundwater that can be withdrawn from a
1390 groundwater basin over a period of time without exceeding the long-term recharge of the basin
1391 or unreasonably affecting the basin's physical and chemical integrity.
1392 (2) (a) The state engineer may regulate groundwater withdrawals within a specific
1393 groundwater basin by adopting a groundwater management plan in accordance with this section
1394 for any groundwater basin or aquifer or combination of hydrologically connected groundwater
1395 basins or aquifers.
1396 (b) The objectives of a groundwater management plan are to:
1397 (i) limit groundwater withdrawals to safe yield;
1398 (ii) protect the physical integrity of the aquifer; and
1399 (iii) protect water quality.
1400 (c) The state engineer shall adopt a groundwater management plan for a groundwater
1401 basin if more than 1/3 of the water right owners in the groundwater basin request that the state

1402 engineer adopt a groundwater management plan.
1403 (3) (a) In developing a groundwater management plan, the state engineer may consider:
1404 (i) the hydrology of the groundwater basin;
1405 (ii) the physical characteristics of the groundwater basin;
1406 (iii) the relationship between surface water and groundwater, including whether the
1407 groundwater should be managed in conjunction with hydrologically connected surface waters;
1408 (iv) the geographic spacing and location of groundwater withdrawals;
1409 (v) water quality;
1410 (vi) local well interference; and
1411 (vii) other relevant factors.
1412 (b) The state engineer shall base the provisions of a groundwater management plan on
1413 the principles of prior appropriation.
1414 (c) (i) The state engineer shall use the best available scientific method to determine
1415 safe yield.
1416 (ii) As hydrologic conditions change or additional information becomes available, safe
1417 yield determinations made by the state engineer may be revised by following the procedures
1418 listed in Subsection (5).
1419 (4) (a) (i) Except as provided in Subsection (4)(b), the withdrawal of water from a
1420 groundwater basin shall be limited to the basin's safe yield.
1421 (ii) Before limiting withdrawals in a groundwater basin to safe yield, the state engineer
1422 shall:
1423 (A) determine the groundwater basin's safe yield; and
1424 (B) adopt a groundwater management plan for the groundwater basin.
1425 (iii) If the state engineer determines that groundwater withdrawals in a groundwater
1426 basin exceed the safe yield, the state engineer shall regulate groundwater rights in that
1427 groundwater basin based on the priority date of the water rights under the groundwater
1428 management plan, unless a voluntary arrangement exists under Subsection (4)(c) that requires a
1429 different distribution.

1430 (b) When adopting a groundwater management plan for a critical management area, the
1431 state engineer shall, based on economic and other impacts to an individual water user or a local
1432 community caused by the implementation of safe yield limits on withdrawals, allow gradual
1433 implementation of the groundwater management plan.
1434 (c) (i) In consultation with the state engineer, water users in a groundwater basin may
1435 agree to participate in a voluntary arrangement for managing withdrawals at any time, either
1436 before or after a determination that groundwater withdrawals exceed the groundwater basin's
1437 safe yield.
1438 (ii) A voluntary arrangement under Subsection (4)(c)(i) shall be consistent with other
1439 law.
1440 (iii) The adoption of a voluntary arrangement under this Subsection (4)(c) by less than
1441 all of the water users in a groundwater basin does not affect the rights of water users who do
1442 not agree to the voluntary arrangement.
1443 (5) To adopt a groundwater management plan, the state engineer shall:
1444 (a) give notice as specified in Subsection (7) at least 30 days before the first public
1445 meeting held in accordance with Subsection (5)(b):
1446 (i) that the state engineer proposes to adopt a groundwater management plan;
1447 (ii) describing generally the land area proposed to be included in the groundwater
1448 management plan; and
1449 (iii) stating the location, date, and time of each public meeting to be held in accordance
1450 with Subsection (5)(b);
1451 (b) hold one or more public meetings in the geographic area proposed to be included
1452 within the groundwater management plan to:
1453 (i) address the need for a groundwater management plan;
1454 (ii) present any data, studies, or reports that the state engineer intends to consider in
1455 preparing the groundwater management plan;
1456 (iii) address safe yield and any other subject that may be included in the groundwater
1457 management plan;

1458 (iv) outline the estimated administrative costs, if any, that groundwater users are likely
1459 to incur if the plan is adopted; and
1460 (v) receive any public comments and other information presented at the public
1461 meeting, including comments from any of the entities listed in Subsection (7)(a)(iii);
1462 (c) receive and consider written comments concerning the proposed groundwater
1463 management plan from any person for a period determined by the state engineer of not less
1464 than 60 days after the day on which the notice required by Subsection (5)(a) is given;
1465 (d) (i) at least 60 days prior to final adoption of the groundwater management plan,
1466 publish notice:
1467 (A) that a draft of the groundwater management plan has been proposed; and
1468 (B) specifying where a copy of the draft plan may be reviewed; and
1469 (ii) promptly provide a copy of the draft plan in printed or electronic form to each of
1470 the entities listed in Subsection (7)(a)(iii) that makes written request for a copy; and
1471 (e) provide notice of the adoption of the groundwater management plan.
1472 (6) A groundwater management plan shall become effective on the date notice of
1473 adoption is completed under Subsection (7), or on a later date if specified in the plan.
1474 (7) (a) A notice required by this section shall be:
1475 (i) published:
1476 (A) once a week for two successive weeks in a newspaper of general circulation in
1477 each county that encompasses a portion of the land area proposed to be included within the
1478 groundwater management plan; and
1479 (B) in accordance with Section 45-1-101 for two weeks;
1480 (ii) published conspicuously on the state engineer's Internet website; and
1481 (iii) mailed to each of the following that has within its boundaries a portion of the land
1482 area to be included within the proposed groundwater management plan:
1483 (A) county;
1484 (B) incorporated city or town;
1485 (C) a local district created to acquire or assess a groundwater right under Title 17B,

1486 Chapter 1, Provisions Applicable to All Local Districts;
1487 [(C)] (D) improvement district under Title 17B, Chapter 2a, Part 4, Improvement
1488 District Act;
1489 [(D)] (E) service area, under Title 17B, Chapter 2a, Part 9, Service Area Act;
1490 [(E)] (F) drainage district, under Title 17B, Chapter 2a, Part 2, Drainage District Act;
1491 [(F)] (G) irrigation district, under Title 17B, Chapter 2a, Part 5, Irrigation District Act;
1492 [(G)] (H) metropolitan water district, under Title 17B, Chapter 2a, Part 6, Metropolitan
1493 Water District Act;
1494 [(H)] (I) special service district providing water, sewer, drainage, or flood control
1495 services, under Title 17D, Chapter 1, Special Service District Act;
1496 [(I)] (J) water conservancy district, under Title 17B, Chapter 2a, Part 10, Water
1497 Conservancy District Act; and
1498 [(J)] (K) conservation district, under Title 17D, Chapter 3, Conservation District Act.
1499 (b) A notice required by this section is effective upon substantial compliance with
1500 Subsections (7)(a)(i) through (iii).
1501 (8) A groundwater management plan may be amended in the same manner as a
1502 groundwater management plan may be adopted under this section.
1503 (9) The existence of a groundwater management plan does not preclude any otherwise
1504 eligible person from filing any application or challenging any decision made by the state
1505 engineer within the affected groundwater basin.
1506 (10) (a) A person aggrieved by a groundwater management plan may challenge any
1507 aspect of the groundwater management plan by filing a complaint within 60 days after the
1508 adoption of the groundwater management plan in the district court for any county in which the
1509 groundwater basin is found.
1510 (b) Notwithstanding Subsection (9), a person may challenge the components of a
1511 groundwater management plan only in the manner provided by Subsection (10)(a).
1512 (c) An action brought under this Subsection (10) is reviewed de novo by the district
1513 court.

1514 (d) A person challenging a groundwater management plan under this Subsection (10)
1515 shall join the state engineer as a defendant in the action challenging the groundwater
1516 management plan.
1517 (e) (i) Within 30 days after the day on which a person files an action challenging any
1518 aspect of a groundwater management plan under Subsection (10)(a), the person filing the action
1519 shall publish notice of the action:
1520 (A) in a newspaper of general circulation in the county in which the district court is
1521 located; and
1522 (B) in accordance with Section 45-1-101 for two weeks.
1523 (ii) The notice required by Subsection (10)(e)(i)(A) shall be published once a week for
1524 two consecutive weeks.
1525 (iii) The notice required by Subsection (10)(e)(i) shall:
1526 (A) identify the groundwater management plan the person is challenging;
1527 (B) identify the case number assigned by the district court;
1528 (C) state that a person affected by the groundwater management plan may petition the
1529 district court to intervene in the action challenging the groundwater management plan; and
1530 (D) list the address for the clerk of the district court in which the action is filed.
1531 (iv) (A) Any person affected by the groundwater management plan may petition to
1532 intervene in the action within 60 days after the day on which notice is last published under
1533 Subsections (10)(e)(i) and (ii).
1534 (B) The district court's treatment of a petition to intervene under this Subsection
1535 (10)(e)(iv) is governed by the Utah Rules of Civil Procedure.
1536 (v) A district court in which an action is brought under Subsection (10)(a) shall
1537 consolidate all actions brought under that subsection and include in the consolidated action any
1538 person whose petition to intervene is granted.
1539 (11) A groundwater management plan adopted or amended in accordance with this
1540 section is exempt from the requirements in Title 63G, Chapter 3, Utah Administrative
1541 Rulemaking Act.

1542 (12) Recharge and recovery projects permitted under Chapter 3b, Groundwater
1543 Recharge and Recovery Act, are exempted from this section.
1544 (13) Nothing in this section may be interpreted to require the development,
1545 implementation, or consideration of a groundwater management plan as a prerequisite or
1546 condition to the exercise of the state engineer's enforcement powers under other law, including
1547 powers granted under Section 73-2-25 .
1548 (14) A groundwater management plan adopted in accordance with this section may not
1549 apply to the dewatering of a mine.
1550 (15) (a) A groundwater management plan adopted by the state engineer before May 1,
1551 2006, remains in force and has the same legal effect as it had on the day on which it was
1552 adopted by the state engineer.
1553 (b) If a groundwater management plan that existed before May 1, 2006, is amended on
1554 or after May 1, 2006, the amendment is subject to this section's provisions.