First Substitute S.B. 150

Senator Jerry W. Stevenson proposes the following substitute bill:

1 LOCAL AND SPECIAL SERVICE DISTRICT AMENDMENTS
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Jerry W. Stevenson
5 House Sponsor: Stephen G. Handy
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions related to a local district and a special service district.
10 Highlighted Provisions:
11 This bill:
12 . defines terms;
13 . clarifies language related to a board of trustees member's term;
14 . amends language related to the appointment of a local district board member;
15 . authorizes a local district to provide early voting for an election of a board member;
16 . amends language related to a local district tax levy;
17 . amends notice requirements for a budget hearing held by the board of trustees;
18 . amends provisions related to an improvement district board of trustees;
19 . prohibits a service area located in a fourth class county from charging certain fees;
20 . amends language related to a use charge imposed by an irrigation district;
21 . amends provisions related to a mosquito abatement district board of trustees;
22 . amends language related to an administrative control board membership;
23 . amends language related to the qualifications of an administrative control board
24 member; and
25 . makes technical corrections.

26 Money Appropriated in this Bill:
27 None
28 Other Special Clauses:
29 None
30 Utah Code Sections Affected:
31 AMENDS:
32 17B-1-202, as last amended by Laws of Utah 2011, Chapters 68, 106, 126, and 340
33 17B-1-214, as last amended by Laws of Utah 2011, Chapter 68
34 17B-1-303, as last amended by Laws of Utah 2008, Chapter 360
35 17B-1-304, as last amended by Laws of Utah 2011, Chapter 297
36 17B-1-306, as last amended by Laws of Utah 2011, Chapters 40, 292, and 327
37 17B-1-511, as renumbered and amended by Laws of Utah 2007, Chapter 329
38 17B-1-609, as last amended by Laws of Utah 2010, Chapter 90
39 17B-2a-404, as last amended by Laws of Utah 2010, Chapter 121
40 17B-2a-506, as enacted by Laws of Utah 2007, Chapter 329
41 17B-2a-704, as last amended by Laws of Utah 2011, Chapter 106
42 17B-2a-902, as last amended by Laws of Utah 2011, Chapter 100
43 17D-1-106, as last amended by Laws of Utah 2011, Chapters 40, 106, 205, and 209
44 17D-1-302, as enacted by Laws of Utah 2008, Chapter 360
45 17D-1-304, as enacted by Laws of Utah 2008, Chapter 360
46 20A-1-206, as enacted by Laws of Utah 2011, Chapter 40
47 20A-3-605, as last amended by Laws of Utah 2010, Chapter 337
48 73-5-15, as last amended by Laws of Utah 2011, Chapters 68 and 126
49
50 Be it enacted by the Legislature of the state of Utah:
51 Section 1. Section 17B-1-202 is amended to read:
52 17B-1-202. Local district may be created -- Services that may be provided --
53 Limitations.
54 (1) (a) A local district may be created as provided in this part to provide within its
55 boundaries service consisting of:
56 (i) the operation of an airport;

57 (ii) the operation of a cemetery;
58 (iii) fire protection, paramedic, and emergency services, including consolidated 911
59 and emergency dispatch services;
60 (iv) garbage collection and disposal;
61 (v) health care, including health department or hospital service;
62 (vi) the operation of a library;
63 (vii) abatement or control of mosquitos and other insects;
64 (viii) the operation of parks or recreation facilities or services;
65 (ix) the operation of a sewage system;
66 [(x) street lighting;]
67 [(xi)] (x) the construction and maintenance of a right-of-way, including:
68 (A) a curb;
69 (B) a gutter;
70 (C) a sidewalk;
71 (D) a street;
72 (E) a road;
73 (F) a water line;
74 (G) a sewage line;
75 (H) a storm drain;
76 (I) an electricity line;
77 (J) a communications line; [or]
78 (K) a natural gas line; or
79 (L) street lighting;
80 [(xii)] (xi) transportation, including public transit and providing streets and roads;
81 [(xiii)] (xii) the operation of a system, or one or more components of a system, for the
82 collection, storage, retention, control, conservation, treatment, supplying, distribution, or
83 reclamation of water, including storm, flood, sewage, irrigation, and culinary water, whether
84 the system is operated on a wholesale or retail level or both;
85 [(xiv)] (xiii) in accordance with Subsection (1)(c), the acquisition or assessment of a
86 groundwater right for the development and execution of a groundwater management plan in
87 cooperation with and approved by the state engineer in accordance with Section 73-5-15 ;

88 [(xv)] (xiv) law enforcement service;
89 [(xvi)] (xv) subject to Subsection (1)(b), the underground installation of an electric
90 utility line or the conversion to underground of an existing electric utility line;
91 [(xvii)] (xvi) the control or abatement of earth movement or a landslide; or
92 [(xviii)] (xvii) the operation of animal control services and facilities.
93 (b) Each local district that provides the service of the underground installation of an
94 electric utility line or the conversion to underground of an existing electric utility line shall, in
95 installing or converting the line, provide advance notice to and coordinate with the utility that
96 owns the line.
97 (c) A groundwater management plan described in Subsection (1)(a)[(xiv)](xiii) may
98 include the banking of groundwater rights by a local district in a critical management area as
99 defined in Section 73-5-15 following the adoption of a groundwater management plan by the
100 state engineer under Section 73-5-15 .
101 (i) A local district may manage the groundwater rights it acquires under Subsection
102 17B-1-103 (2)(a) or (b) consistent with the provisions of a groundwater management plan
103 described in this Subsection (1)(c).
104 (ii) A groundwater right held by a local district to satisfy the provisions of a
105 groundwater management plan is not subject to the forfeiture provisions of Section 73-1-4 .
106 (iii) (A) A local district may divest itself of a groundwater right subject to a
107 determination that the groundwater right is not required to facilitate the groundwater
108 management plan described in this Subsection (1)(c).
109 (B) The groundwater right described in Subsection (1)(c)(iii)(A) is subject to Section
110 73-1-4 beginning on the date of divestiture.
111 (iv) Upon a determination by the state engineer that an area is no longer a critical
112 management area as defined in Section 73-5-15 , a groundwater right held by the local district is
113 subject to Section 73-1-4 .
114 (v) A local district created in accordance with Subsection (1)(a)[(xiv)](xiii) to develop
115 and execute a groundwater management plan may hold or acquire a right to surface waters that
116 are naturally tributary to the groundwater basin subject to the groundwater management plan if
117 the surface waters are appropriated in accordance with Title 73, Water and Irrigation, and used
118 in accordance with Title 73, Chapter 3b, Groundwater Recharge and Recovery Act.

119 (2) For purposes of this section:
120 (a) "Operation" means all activities involved in providing the indicated service
121 including acquisition and ownership of property reasonably necessary to provide the indicated
122 service and acquisition, construction, and maintenance of facilities and equipment reasonably
123 necessary to provide the indicated service.
124 (b) "System" means the aggregate of interrelated components that combine together to
125 provide the indicated service including, for a sewage system, collection and treatment.
126 (3) (a) A local district may not be created to provide and may not after its creation
127 provide more than four of the services listed in Subsection (1).
128 (b) Subsection (3)(a) may not be construed to prohibit a local district from providing
129 more than four services if, before April 30, 2007, the local district was authorized to provide
130 those services.
131 (4) (a) Except as provided in Subsection (4)(b), a local district may not be created to
132 provide and may not after its creation provide to an area the same service already being
133 provided to that area by another political subdivision, unless the other political subdivision
134 gives its written consent.
135 (b) For purposes of Subsection (4)(a), a local district does not provide the same service
136 as another political subdivision if it operates a component of a system that is different from a
137 component operated by another political subdivision but within the same:
138 (i) sewage system; or
139 (ii) water system.
140 (5) (a) Except for a local district in the creation of which an election is not required
141 under Subsection 17B-1-214 (3)(d), the area of a local district may include all or part of the
142 unincorporated area of one or more counties and all or part of one or more municipalities.
143 (b) The area of a local district need not be contiguous.
144 (6) For a local district created before May 5, 2008, the authority to provide fire
145 protection service also includes the authority to provide:
146 (a) paramedic service; and
147 (b) emergency service, including hazardous materials response service.
148 (7) A local district created before May 11, 2010, authorized to provide the construction
149 and maintenance of curb, gutter, or sidewalk may provide a service described in Subsection

150 (1)(a)[(xi)](x) on or after May 11, 2010.
151 (8) A local district created before May 10, 2011, authorized to provide culinary,
152 irrigation, sewage, or storm water services may provide a service described in Subsection
153 (1)(a)[(xiii)](xii) on or after May 10, 2011.
154 Section 2. Section 17B-1-214 is amended to read:
155 17B-1-214. Election -- Exceptions.
156 (1) (a) Except as provided in Subsection (3) and in Subsection 17B-1-213 (2)(a), an
157 election on the question of whether the local district should be created shall be held by:
158 (i) if the proposed local district is located entirely within a single county, the
159 responsible clerk; or
160 (ii) except as provided under Subsection (1)(b), if the proposed local district is located
161 within more than one county, the clerk of each county in which part of the proposed local
162 district is located, in cooperation with the responsible clerk.
163 (b) Notwithstanding Subsection (1)(a)(ii), if the proposed local district is located
164 within more than one county and the only area of a county that is included within the proposed
165 local district is located within a single municipality, the election for that area shall be held by
166 the municipal clerk or recorder, in cooperation with the responsible clerk.
167 (2) Each election under Subsection (1) shall be held at the next special or regular
168 general election date that is:
169 (a) for an election pursuant to a property owner or registered voter petition, more than
170 45 days after certification of the petition under Subsection 17B-1-209 (3)(a); or
171 (b) for an election pursuant to a resolution, more than 60 days after the latest hearing
172 required under Section 17B-1-210 .
173 (3) The election requirement of Subsection (1) does not apply to:
174 (a) a petition filed under Subsection 17B-1-203 (1)(a) if it contains the signatures of the
175 owners of private real property that:
176 (i) is located within the proposed local district;
177 (ii) covers at least 67% of the total private land area within the proposed local district
178 as a whole and within each applicable area; and
179 (iii) is equal in value to at least 50% of the value of all private real property within the
180 proposed local district as a whole and within each applicable area;

181 (b) a petition filed under Subsection 17B-1-203 (1)(b) if it contains the signatures of
182 registered voters residing within the proposed local district as a whole and within each
183 applicable area, equal in number to at least 67% of the number of votes cast in the proposed
184 local district as a whole and in each applicable area, respectively, for the office of governor at
185 the last general election prior to the filing of the petition;
186 (c) a groundwater right owner petition filed under Subsection 17B-1-203 (1)(c) if the
187 petition contains the signatures of the owners of groundwater rights that:
188 (i) are diverted within the proposed local district; and
189 (ii) cover at least 67% of the total amount of groundwater diverted in accordance with
190 groundwater rights within the proposed local district as a whole and within each applicable
191 area;
192 (d) a resolution adopted under Subsection 17B-1-203 (1)(d) on or after May 5, 2003,
193 that proposes the creation of a local district to provide fire protection, paramedic, and
194 emergency services or law enforcement service, if the proposed local district includes a
195 majority of the unincorporated area of one or more counties;
196 (e) a resolution adopted under Subsection 17B-1-203 (1)(d) or (e) if the resolution
197 proposes the creation of a local district that has no registered voters within its boundaries; or
198 (f) a resolution adopted under Subsection 17B-1-203 (1)(d) on or after May 11, 2010,
199 that proposes the creation of a local district described in Subsection
200 17B-1-202 (1)(a)[(xiv)](xiii).
201 (4) (a) If the proposed local district is located in more than one county, the responsible
202 clerk shall coordinate with the clerk of each other county and the clerk or recorder of each
203 municipality involved in an election under Subsection (1) so that the election is held on the
204 same date and in a consistent manner in each jurisdiction.
205 (b) The clerk of each county and the clerk or recorder of each municipality involved in
206 an election under Subsection (1) shall cooperate with the responsible clerk in holding the
207 election.
208 (c) Except as otherwise provided in this part, each election under Subsection (1) shall
209 be governed by Title 20A, Election Code.
210 Section 3. Section 17B-1-303 is amended to read:
211 17B-1-303. Term of board of trustees members -- Oath of office -- Bond.

212 (1) (a) Except as provided in Subsection (1)(b), the term of each member of a board of
213 trustees shall begin at noon on the January 1 following the member's election or appointment.
214 (b) The term of each member of the initial board of trustees of a newly created local
215 district shall begin:
216 (i) upon appointment, for an appointed member; and
217 (ii) upon the member taking the oath of office after the canvass of the election at which
218 the member is elected, for an elected member.
219 (2) (a) (i) Subject to Subsection (2)(a)(ii), the term of each member of a board of
220 trustees shall be four years, except that approximately half the members of the initial board of
221 trustees, chosen by lot, shall serve a two-year term so that the term of approximately half the
222 board members expires every two years.
223 (ii) (A) If the terms of members of the initial board of trustees of a newly created local
224 district do not begin on [the first Monday of] January 1 because of application of Subsection
225 (1)(b), the terms of those members shall be adjusted as necessary, subject to Subsection
226 (2)(a)(ii)(B), to result in the terms of their successors complying with:
227 (I) the requirement under Subsection (1)(a) for a term to begin on [the first Monday of]
228 January 1 following a member's election or appointment; and
229 (II) the requirement under Subsection (2)(a)(i) that terms be four years.
230 (B) An adjustment under Subsection (2)(a)(ii)(A) may not add more than a year to or
231 subtract more than a year from a member's term.
232 (b) Each board of trustees member shall serve until a successor is duly elected or
233 appointed and qualified, unless the member earlier is removed from office or resigns or
234 otherwise leaves office.
235 (c) If a member of a board of trustees no longer meets the qualifications of Subsection
236 17B-1-302 (1):
237 (i) the member's position is considered vacant, subject to Subsection (2)(c)(ii); and
238 (ii) the member may continue to serve until a successor is duly elected or appointed
239 and qualified.
240 (3) (a) (i) Before entering upon the duties of office, each member of a board of trustees
241 shall take the oath of office specified in Utah Constitution Article IV, Section 10.
242 (ii) An oath of office may be administered by a judge, county clerk, notary public, or

243 the local district clerk.
244 (b) Each oath of office shall be filed with the clerk of the local district.
245 (c) The failure of a board of trustees member to take the oath required by Subsection
246 (3)(a) does not invalidate any official act of that member.
247 (4) A board of trustees member is not limited in the number of terms the member may
248 serve.
249 (5) Except as provided in Subsection (6), each midterm vacancy in a board of trustees
250 position shall be filled as provided in Section 20A-1-512 .
251 (6) (a) For purposes of this Subsection (6):
252 (i) "Appointed official" means a person who:
253 (A) is appointed as a member of a local district board of trustees by a county or
254 municipality entitled to appoint a member to the board; and
255 (B) holds an elected position with the appointing county or municipality.
256 (ii) "Appointing entity" means the county or municipality that appointed the appointed
257 official to the board of trustees.
258 (b) The board of trustees shall declare a midterm vacancy for the board position held
259 by an appointed official if:
260 (i) during the appointed official's term on the board of trustees, the appointed official
261 ceases to hold the elected position with the appointing entity; and
262 (ii) the appointing entity submits a written request to the board to declare the vacancy.
263 (c) Upon the board's declaring a midterm vacancy under Subsection (6)(b), the
264 appointing entity shall appoint another person to fill the remaining unexpired term on the board
265 of trustees.
266 (7) (a) Each member of a board of trustees shall give a bond for the faithful
267 performance of the member's duties, in the amount and with the sureties prescribed by the
268 board of trustees.
269 (b) The local district shall pay the cost of each bond required under Subsection (7)(a).
270 Section 4. Section 17B-1-304 is amended to read:
271 17B-1-304. Appointment procedures for appointed members.
272 (1) The appointing authority may, by resolution, appoint persons to serve as members
273 of a local district board by following the procedures established by this section.

274 (2) (a) In any calendar year when appointment of a new local district board member is
275 required, the appointing authority shall prepare a notice of vacancy that contains:
276 (i) the positions that are vacant that shall be filled by appointment;
277 (ii) the qualifications required to be appointed to those positions;
278 (iii) the procedures for appointment that the governing body will follow in making
279 those appointments; and
280 (iv) the person to be contacted and any deadlines that a person shall meet who wishes
281 to be considered for appointment to those positions.
282 (b) The appointing authority shall:
283 (i) post the notice of vacancy in four public places within the local district at least one
284 month before the deadline for accepting nominees for appointment; and
285 (ii) (A) publish the notice of vacancy:
286 (I) in a daily newspaper of general circulation within the local district for five
287 consecutive days before the deadline for accepting nominees for appointment; or
288 (II) in a local weekly newspaper circulated within the local district in the week before
289 the deadline for accepting nominees for appointment; and
290 (B) in accordance with Section 45-1-101 for five days before the deadline for accepting
291 nominees for appointment.
292 (c) The appointing authority may bill the local district for the cost of preparing,
293 printing, and publishing the notice.
294 (3) (a) Not sooner than two months after the appointing authority is notified of the
295 vacancy, the appointing authority shall select a person to fill the vacancy from the applicants
296 who meet the qualifications established by law.
297 (b) The appointing authority shall:
298 (i) comply with Title 52, Chapter 4, Open and Public Meetings Act, in making the
299 appointment;
300 (ii) allow any interested persons to be heard; and
301 (iii) adopt a resolution appointing a person to the local district board.
302 (c) If no candidate for appointment to fill the vacancy receives a majority vote of the
303 appointing authority, the appointing authority shall select the appointee from the two top
304 candidates by lot.

305 (4) Persons appointed to serve as members of the local district board serve four-year
306 terms, but may be removed for cause at any time after a hearing by two-thirds vote of the
307 appointing body.
308 (5) At the end of each board member's term, the position is considered vacant and the
309 appointing authority may either reappoint the old board member or appoint a new member after
310 following the appointment procedures established in this section.
311 (6) Notwithstanding any other provision of this section, if the appointing authority
312 appoints one of its own members, it need not comply with [the provisions of this section]
313 Subsection (2) or (3).
314 Section 5. Section 17B-1-306 is amended to read:
315 17B-1-306. Local district board -- Election procedures.
316 (1) Except as provided in Subsection (11), each elected board member shall be selected
317 as provided in this section.
318 (2) (a) Each election of a local district board member shall be held:
319 (i) at the same time as the municipal general election; and
320 (ii) at polling places designated by the county clerk in consultation with the local
321 district for each county in which the local district is located, which polling places shall coincide
322 with municipal general election polling places whenever feasible.
323 (b) (i) Subject to Subsections (4)(f) and (g), the number of polling places under
324 Subsection (2)(a)(ii) in an election of board members of an irrigation district shall be one
325 polling place per division of the district, designated by the district board.
326 (ii) Each polling place designated by an irrigation district board under Subsection
327 (2)(b)(i) shall coincide with a polling place designated by the county clerk under Subsection
328 (2)(a)(ii).
329 (3) (a) The clerk of each local district with a board member position to be filled at the
330 next municipal general election shall provide notice of:
331 (i) each elective position of the local district to be filled at the next municipal general
332 election;
333 (ii) the constitutional and statutory qualifications for each position; and
334 (iii) the dates and times for filing a declaration of candidacy.
335 (b) The notice required under Subsection (3)(a) shall be:

336 (i) posted in at least five public places within the local district at least 10 days before
337 the first day for filing a declaration of candidacy; or
338 (ii) (A) published in a newspaper of general circulation within the local district at least
339 three but no more than 10 days before the first day for filing a declaration of candidacy; and
340 (B) published, in accordance with Section 45-1-101 , for 10 days before the first day for
341 filing a declaration of candidacy.
342 (4) (a) To become a candidate for an elective local district board position, the
343 prospective candidate shall file a declaration of candidacy in person with the local district,
344 during office hours and not later than the close of normal office hours between June 1 and June
345 15 of any odd-numbered year.
346 (b) When June 15 is a Saturday, Sunday, or holiday, the filing time shall be extended
347 until the close of normal office hours on the following regular business day.
348 (c) (i) Before the filing officer may accept any declaration of candidacy, the filing
349 officer shall:
350 (A) read to the prospective candidate the constitutional and statutory qualification
351 requirements for the office that the candidate is seeking; and
352 (B) require the candidate to state whether or not the candidate meets those
353 requirements.
354 (ii) If the prospective candidate does not meet the qualification requirements for the
355 office, the filing officer may not accept the declaration of candidacy.
356 (iii) If it appears that the prospective candidate meets the requirements of candidacy,
357 the filing officer shall accept the declaration of candidacy.
358 (d) The declaration of candidacy shall substantially comply with the following form:
359 "I, (print name) ____________, being first duly sworn, say that I reside at (Street)
360 ____________, City of ________________, County of ________________, State of Utah,
361 (Zip Code) ______, (Telephone Number, if any)____________; that I meet the qualifications
362 for the office of board of trustees member for _______________________ (state the name of
363 the local district); that I am a candidate for that office to be voted upon at the next election, and
364 I hereby request that my name be printed upon the official ballot for that election.
365 (Signed) _________________________________________
366 Subscribed and sworn to (or affirmed) before me by ____________ on this ______ day

367 of ____________, ____.
368 (Signed) ________________________
369 (Clerk or Notary Public)"
370 (e) Each person wishing to become a valid write-in candidate for an elective local
371 district board position is governed by Section 20A-9-601 .
372 (f) If at least one person does not file a declaration of candidacy as required by this
373 section, a person shall be appointed to fill that board position by following the procedures and
374 requirements for appointment established in Section 20A-1-512 .
375 (g) If only one candidate files a declaration of candidacy and there is no write-in
376 candidate who complies with Section 20A-9-601 , the board, in accordance with Section
377 20A-1-206 , may:
378 (i) consider the candidate to be elected to the position; and
379 (ii) cancel the election.
380 (5) (a) A primary election may be held if:
381 (i) the election is authorized by the local district board; and
382 (ii) the number of candidates for a particular local board position or office exceeds
383 twice the number of persons needed to fill that position or office.
384 (b) The primary election shall be conducted:
385 (i) on the same date as the municipal primary election, as provided for in Section
386 20A-1-201.5 ; and
387 (ii) according to the procedures for municipal primary elections provided under Title
388 20A, Election Code.
389 (6) (a) Except as provided in Subsection (6)(c), the local district clerk shall certify the
390 candidate names to the clerk of each county in which the local district is located no later than
391 July 20 of the municipal election year.
392 (b) (i) Except as provided in Subsection (6)(c) and in accordance with Section
393 20A-6-305 , the clerk of each county in which the local district is located shall coordinate the
394 placement of the name of each candidate for local district office in the nonpartisan section of
395 the municipal general election ballot with the municipal election clerk.
396 (ii) If consolidation of the local district election ballot with the municipal general
397 election ballot is not feasible, the county clerk shall provide for a separate local district election

398 ballot to be administered by poll workers at polling locations designated under Subsection (2).
399 (c) (i) Subsections (6)(a) and (b) do not apply to an election of a member of the board
400 of an irrigation district established under Chapter 2a, Part 5, Irrigation District Act.
401 (ii) (A) Subject to Subsection (6)(c)(ii)(B), the board of each irrigation district shall
402 prescribe the form of the ballot for each board member election.
403 (B) Each ballot for an election of an irrigation district board member shall be in a
404 nonpartisan format.
405 (C) The name of each candidate shall be placed on the ballot in the order specified
406 under Section 20A-6-305 .
407 (7) (a) Each voter at an election for a board of trustees member of a local district shall:
408 (i) be a registered voter within the district, except for an election of:
409 (A) an irrigation district board of trustees member; or
410 (B) a basic local district board of trustees member who is elected by property owners;
411 and
412 (ii) meet the requirements to vote established by the district.
413 (b) Each voter may vote for as many candidates as there are offices to be filled.
414 (c) The candidates who receive the highest number of votes are elected.
415 (8) Except as otherwise provided by this section, the election of local district board
416 members is governed by Title 20A, Election Code.
417 (9) (a) A person elected to serve on a local district board shall serve a four-year term,
418 beginning at noon on the January 1 after the person's election.
419 (b) A person elected shall be sworn in as soon as practical after January 1.
420 (10) (a) Except as provided in Subsection (10)(b), each local district shall reimburse
421 the county or municipality holding an election under this section for the costs of the election
422 attributable to that local district.
423 (b) Each irrigation district shall bear its own costs of each election it holds under this
424 section.
425 (11) This section does not apply to an improvement district that provides electric or gas
426 service.
427 (12) [The] Except as provided in Subsection 20A-3-605 (1)(b), the provisions of Title
428 20A, Chapter 3, Part 6, Early Voting, do not apply to an election under this section.

429 Section 6. Section 17B-1-511 is amended to read:
430 17B-1-511. Continuation of tax levy after withdrawal to pay for proportionate
431 share of district bonds.
432 (1) Other than as provided in Subsection (2), and unless an escrow trust fund is
433 established and funded pursuant to Subsection 17B-1-510 (5)(j), property within the withdrawn
434 area shall continue after withdrawal to be [subject to a tax] taxable by the local district:
435 (a) for the purpose of paying the withdrawn area's just proportion of the local district's
436 general obligation bonds, other than those bonds treated as revenue bonds under Subsection
437 17B-1-510 (5)(i), until the bonded indebtedness has been satisfied; and
438 (b) to the extent and for the years necessary to generate sufficient revenue that, when
439 combined with the revenues from the district remaining after withdrawal, is sufficient to
440 provide for the payment of principal and interest on the district's general obligation bonds that
441 are treated as revenue bonds under Subsection 17B-1-510 (5)(i).
442 (2) For a local district funded predominately by revenues other than property taxes,
443 service charges, or assessments based upon an allotment of acre-feet of water, [taxes] property
444 within the withdrawn area shall continue to be [collected] taxable by the local district for
445 purposes of paying the withdrawn area's proportionate share of bonded indebtedness or
446 judgments against the local district incurred prior to the date the petition was filed.
447 (3) Except as provided in Subsections (1) and (2), upon withdrawal, the withdrawing
448 area is relieved of all other taxes, assessments, and charges levied by the district, including
449 taxes and charges for the payment of revenue bonds and maintenance and operation cost of the
450 local district.
451 Section 7. Section 17B-1-609 is amended to read:
452 17B-1-609. Hearing to consider adoption.
453 (1) At the meeting at which the tentative budget is adopted, the board of trustees shall:
454 (a) establish the time and place of a public hearing to consider its adoption; and
455 (b) order that notice of the hearing:
456 (i) (A) be published at least seven days before the hearing in at least one issue of a
457 newspaper of general circulation published in the county or counties in which the district is
458 located; or
459 (B) if no newspaper is published, be posted in three public places within the district;

460 and
461 (ii) be published at least seven days before the hearing on the Utah Public Notice
462 Website created in Section 63F-1-701 .
463 (2) If the budget hearing is held in conjunction with a tax increase hearing, the notice
464 required in Subsection (1)(b):
465 (a) may be combined with the notice required under Section 59-2-919 ; and
466 (b) shall be published in accordance with the advertisement provisions of Section
467 59-2-919 .
468 (3) Proof that notice was given in accordance with Subsection (1)(b) or (2) is prima
469 face evidence that notice was properly given.
470 (4) If a notice required under Subsection (1)(b) or (2) is not challenged within 30 days
471 after the day on which the hearing is held, the notice is adequate and proper.
472 Section 8. Section 17B-2a-404 is amended to read:
473 17B-2a-404. Improvement district board of trustees.
474 (1) As used in this section:
475 (a) "County district" means an improvement district that does not include within its
476 boundaries any territory of a municipality.
477 (b) "County member" means a member of a board of trustees of a county district.
478 (c) "Electric district" means an improvement district that was created for the purpose of
479 providing electric service.
480 (d) "Included municipality" means a municipality whose boundaries are entirely
481 contained within but do not coincide with the boundaries of an improvement district.
482 (e) "Municipal district" means an improvement district whose boundaries coincide
483 with the boundaries of a single municipality.
484 (f) "Regular district" means an improvement district that is not a county district,
485 electric district, or municipal district.
486 (g) "Remaining area" means the area of a regular district that:
487 (i) is outside the boundaries of an included municipality; and
488 (ii) includes the area of an included municipality whose legislative body elects, under
489 Subsection (4)(a)(ii), not to appoint a member to the board of trustees of the regular district.
490 (h) "Remaining area member" means a member of a board of trustees of a regular

491 district who is appointed, or, if applicable, elected to represent the remaining area of the
492 district.
493 (2) The legislative body of the municipality included within a municipal district may:
494 (a) elect, at the time of the creation of the district, to be the board of trustees of the
495 district; and
496 (b) adopt at any time a resolution providing for:
497 (i) the election of board of trustees members, as provided in Section 17B-1-306 ; or
498 (ii) the appointment of board of trustees members, as provided in Section 17B-1-304 .
499 (3) The legislative body of a county whose unincorporated area is partly or completely
500 within a county district may:
501 (a) elect, at the time of the creation of the district, to be the board of trustees of the
502 district; and
503 (b) adopt at any time a resolution providing for:
504 (i) the election of board of trustees members, as provided in Section 17B-1-306 ; or
505 (ii) the appointment of board of trustees members, as provided in Section 17B-1-304 .
506 (4) (a) (i) Except as provided in Subsection (4)(a)(ii), the legislative body of each
507 included municipality shall each appoint one member to the board of trustees of a regular
508 district.
509 (ii) The legislative body of an included municipality may elect not to appoint a member
510 to the board under Subsection (4)(a)(i).
511 (b) Except as provided in Subsection (5), the legislative body of each county whose
512 boundaries include a remaining area shall appoint all other members to the board of trustees of
513 a regular district.
514 (5) [Each] Notwithstanding Subsection (3), each remaining area member of a regular
515 district and each county member of a county district shall be elected, as provided in Section
516 17B-1-306 , if:
517 (a) the petition or resolution initiating the creation of the district provides for remaining
518 area or county members to be elected;
519 (b) the district holds an election to approve the district's issuance of bonds;
520 (c) for a regular district, an included municipality elects, under Subsection (4)(a)(ii),
521 not to appoint a member to the board of trustees; or

522 (d) (i) at least 90 days before the municipal general election, a petition is filed with the
523 district's board of trustees requesting remaining area members or county members, as the case
524 may be, to be elected; and
525 (ii) the petition is signed by registered voters within the remaining area or county
526 district, as the case may be, equal in number to at least 10% of the number of registered voters
527 within the remaining area or county district, respectively, who voted in the last gubernatorial
528 election.
529 (6) Subject to Section 17B-1-302 , the number of members of a board of trustees of a
530 regular district shall be:
531 (a) the number of included municipalities within the district, if:
532 (i) the number is an odd number; and
533 (ii) the district does not include a remaining area;
534 (b) the number of included municipalities plus one, if the number of included
535 municipalities within the district is even; and
536 (c) the number of included municipalities plus two, if:
537 (i) the number of included municipalities is odd; and
538 (ii) the district includes a remaining area.
539 (7) (a) Except as provided in Subsection (7)(b), each remaining area member of the
540 board of trustees of a regular district shall reside within the remaining area.
541 (b) Notwithstanding Subsection (7)(a) and subject to Subsection (7)(c), each remaining
542 area member shall be chosen from the district at large if:
543 (i) the population of the remaining area is less than 5% of the total district population;
544 or
545 (ii) (A) the population of the remaining area is less than 50% of the total district
546 population; and
547 (B) the majority of the members of the board of trustees are remaining area members.
548 (c) Application of Subsection (7)(b) may not prematurely shorten the term of any
549 remaining area member serving the remaining area member's elected or appointed term on May
550 11, 2010.
551 (8) If the election of remaining area or county members of the board of trustees is
552 required because of a bond election, as provided in Subsection (5)(b):

553 (a) a person may file a declaration of candidacy if:
554 (i) the person resides within:
555 (A) the remaining area, for a regular district; or
556 (B) the county district, for a county district; and
557 (ii) otherwise qualifies as a candidate;
558 (b) the board of trustees shall, if required, provide a ballot separate from the bond
559 election ballot, containing the names of candidates and blanks in which a voter may write
560 additional names; and
561 (c) the election shall otherwise be governed by Title 20A, Election Code.
562 (9) (a) (i) This Subsection (9) applies to the board of trustees members of an electric
563 district.
564 (ii) Subsections (2) through (8) do not apply to an electric district.
565 (b) The legislative body of the county in which an electric district is located may
566 appoint the initial board of trustees of the electric district as provided in Section 17B-1-304 .
567 (c) After the initial board of trustees is appointed as provided in Subsection (9)(b), each
568 member of the board of trustees of an electric district shall be elected by persons using
569 electricity from and within the district.
570 (d) Each member of the board of trustees of an electric district shall be a user of
571 electricity from the district and, if applicable, the division of the district from which elected.
572 (e) The board of trustees of an electric district may be elected from geographic
573 divisions within the district.
574 (f) A municipality within an electric district is not entitled to automatic representation
575 on the board of trustees.
576 Section 9. Section 17B-2a-506 is amended to read:
577 17B-2a-506. Different use charges for different units -- Use charges based on the
578 size of the land served -- Use charge may not be based on property value.
579 (1) An irrigation district may:
580 (a) divide the district into units and apply different use charges to the different units;
581 and
582 (b) base use charges upon the amount of water or electricity the district provides, the
583 area of the land served, or any other reasonable basis, as determined by the board of trustees.

584 (2) If an irrigation district imposes a use charge based on the size of the land served[:]
585 or the amount of water allotted to the land:
586 (a) the assessor of the county in which the land is located shall assist the irrigation
587 district in ascertaining the identity of a parcel served by the district;
588 [(a)] (b) the district shall notify the treasurer of the county in which the land is located
589 of the charge to be imposed for each parcel of land served by the district; and
590 [(b)] (c) the treasurer of the county in which the land is located:
591 (i) shall:
592 (A) provide each landowner a notice of use charges as part of the annual tax notice as
593 an additional charge separate from ad valorem taxes;
594 (B) collect, receive, and provide an accounting for all money belonging to the district
595 from use charges; and
596 (C) remit to the irrigation district, by the tenth day of each month, the funds previously
597 collected by the county as use charges on the district's behalf; and
598 (ii) may receive and account for use charges separately from taxes upon real estate for
599 county purposes.
600 (3) (a) A use charge described in Subsection (2)(b) shall become a lien on the land
601 served as provided in Section 17B-1-902 except that the certification described in Subsection
602 17B-1-902 (1)(a) is not required.
603 (b) A lien described in Subsection (3)(a) shall remain in force until the use charge is
604 paid.
605 (c) The county treasurer shall release a lien described in Subsection (3)(a) upon receipt
606 of full payment of the use charge.
607 [(3)] (4) A use charge may not be calculated on the basis of property value and does
608 not constitute an ad valorem property tax or other tax.
609 Section 10. Section 17B-2a-704 is amended to read:
610 17B-2a-704. Mosquito abatement district board of trustees.
611 (1) (a) Notwithstanding Subsection 17B-1-302 (2) [and]:
612 (i) the board of trustees of a mosquito abatement district shall consist of no less than
613 five members appointed in accordance with this section; and
614 (ii) subject to Subsection (1)(b), the legislative body of each municipality that is

615 entirely or partly included within a mosquito abatement district shall appoint one member to
616 the board of trustees.
617 (b) If 75% or more of the area of a mosquito abatement district is within the boundaries
618 of a single municipality:
619 (i) the board of trustees shall consist of five members; and
620 (ii) the legislative body of that municipality shall appoint all five members of the
621 board.
622 (2) The legislative body of each county in which a mosquito abatement district is
623 located shall appoint at least one member but no more than three members to the district's
624 board of trustees as follows:
625 (a) one member may be appointed if:
626 (i) some or all of the county's unincorporated area is included within the boundaries of
627 the mosquito abatement district and Subsection (2)(b) does not apply; or
628 (ii) (A) the number of municipalities that are entirely or partly included within the
629 district is an even number less than nine; and
630 (B) Subsection (1)(b) does not apply; or
631 (b) subject to Subsection (3), up to and including three members may be appointed if:
632 (i) more than 25% of the population of the mosquito abatement district resides outside
633 the boundaries of all municipalities that may appoint members to the board of trustees; and
634 (ii) at least four members of the board of trustees are appointed by a municipality.
635 (3) A member appointed in accordance with Subsection (2)(b) may not reside within a
636 municipality that may appoint a member to the board of trustees.
637 (4) If the number of board members appointed by application of Subsections (1) and
638 (2)(a) is an even number less than nine, the legislative body of the county in which the district
639 is located shall appoint an additional member.
640 (5) Notwithstanding Subsection (2):
641 (a) if the mosquito abatement district is located entirely within one county and, in
642 accordance with this section, only one municipality may appoint a member of the board of
643 trustees, the county legislative body shall appoint at least four members to the district's board
644 of trustees; and
645 (b) if the mosquito abatement district is located entirely within one county and no

646 municipality may appoint a member of the board of trustees, all of the members of the board
647 shall be appointed by the county legislative body.
648 [(5)] (6) Each board of trustees member shall be appointed as provided in Section
649 17B-1-304 .
650 [(6)] (7) Each vacancy on a mosquito abatement district board of trustees shall be filled
651 by the applicable appointing authority as provided in Section 17B-1-304 , or if the vacancy is a
652 midterm vacancy, as provided in Section 20A-1-512 .
653 Section 11. Section 17B-2a-902 is amended to read:
654 17B-2a-902. Provisions applicable to service areas.
655 (1) Each service area is governed by and has the powers stated in:
656 (a) this part; and
657 (b) except as provided in Subsection (5), Chapter 1, Provisions Applicable to All Local
658 Districts.
659 (2) This part applies only to service areas.
660 (3) A service area is not subject to the provisions of any other part of this chapter.
661 (4) If there is a conflict between a provision in Chapter 1, Provisions Applicable to All
662 Local Districts, and a provision in this part, the provision in this part governs.
663 (5) (a) Except as provided in Subsection (5)(b), on or after December 31, 2012, a
664 service area may not charge or collect a fee under Section 17B-1-643 for:
665 (i) law enforcement services;
666 (ii) fire protection services;
667 (iii) 911 ambulance or paramedic services as defined in Section 26-8a-102 that are
668 provided under a contract in accordance with Section 26-8a-405.2 ; or
669 (iv) emergency services.
670 (b) Subsection (5)(a) does not apply to:
671 (i) a fee charged or collected on an individual basis rather than a general basis;
672 (ii) a non-911 service as defined in Section 26-8a-102 that is provided under a contract
673 in accordance with Section 26-8a-405.2 ;
674 (iii) an impact fee charged or collected for a public safety facility as defined in Section
675 11-36-102 ; or
676 (iv) a service area that includes within the boundary of the service area a county of the

677 [fourth,] fifth[,] or sixth class.
678 Section 12. Section 17D-1-106 is amended to read:
679 17D-1-106. Special service districts subject to other provisions.
680 (1) A special service district is, to the same extent as if it were a local district, subject
681 to and governed by:
682 (a) Sections 17B-1-105 , 17B-1-107 , 17B-1-108 , 17B-1-109 , 17B-1-110 , 17B-1-111 ,
683 17B-1-112 , 17B-1-113 , 17B-1-116 , 17B-1-118 , 17B-1-119 , 17B-1-120 , [and] 17B-1-121 [; (b)
684 Subsections 17B-1-301 (3) and (4), Sections], 17B-1-304 , 17B-1-305 , 17B-1-306 , 17B-1-307 ,
685 17B-1-310 , 17B-1-311 , 17B-1-312 , 17B-1-313 , and 17B-1-314 ;
686 (b) Subsections:
687 (i) 17B-1-301 (3) and (4); and
688 (ii) 17B-1-303 (1), (2)(a) and (b), (3), (4), (5), (6), and (7);
689 (c) Section 20A-1-512 ;
690 (d) Title 17B, Chapter 1, Part 6, Fiscal Procedures for Local Districts;
691 (e) Title 17B, Chapter 1, Part 7, Local District Budgets and Audit Reports;
692 (f) Title 17B, Chapter 1, Part 8, Local District Personnel Management; and
693 (g) Title 17B, Chapter 1, Part 9, Collection of Service Fees and Charges.
694 (2) For purposes of applying the provisions listed in Subsection (1) to a special service
695 district, each reference in those provisions to the local district board of trustees means the
696 governing body.
697 Section 13. Section 17D-1-302 is amended to read:
698 17D-1-302. Number of members of an administrative control board.
699 (1) [Each] An administrative control board shall consist of at least three members in
700 addition to a member appointed in accordance with Subsections 17D-1-303 (2)(b)(i) and (ii).
701 (2) The number of administrative control board members for a special service district
702 established by a county of the first class to provide jail service as provided in Subsection
703 17D-1-201 (10) is nine.
704 Section 14. Section 17D-1-304 is amended to read:
705 17D-1-304. Qualifications of administrative control board members -- Term of
706 office.
707 (1) (a) Except as provided in Subsection (1)(b), each member of an administrative

708 control board shall be:
709 (i) a registered voter within the special service district; [or]
710 (ii) an officer or employee of the county or municipality that created the special service
711 district[.]; or
712 (iii) if over 50% of the residences within a special service district are seasonally
713 occupied homes, as defined in Section 17B-1-302 , an owner of land, or an agent or officer of
714 an owner of land, that receives services from the special service district and is located within
715 the special service district, provided that the number of members appointed under this
716 Subsection (1)(a)(iii) comprises less than a quorum of the board.
717 (b) Subsection (1)(a) does not apply if:
718 (i) at least 90% of the owners of real property within the special service district are not
719 registered voters within the special service district; or
720 (ii) the member is appointed under Subsection 17D-1-303 (2)(b)(i) or (ii).
721 (2) (a) Except as provided in Subsection (2)(b), the term of each member of an
722 administrative control board is four years.
723 (b) The term of as close as possible to half of the initial members of an administrative
724 control board, chosen by lot, is two years.
725 Section 15. Section 20A-1-206 is amended to read:
726 20A-1-206. Cancellation of local election -- Municipalities -- Local districts --
727 Notice.
728 (1) A municipal legislative body may cancel a local election if:
729 (a) (i) (A) all municipal officers are elected in an at-large election under Subsection
730 10-3-205.5 (1); and
731 (B) the number of municipal officer candidates, including any eligible write-in
732 candidates under Section 20A-9-601 , for the at-large municipal offices does not exceed the
733 number of open at-large municipal offices for which the candidates have filed; or
734 (ii) (A) the municipality has adopted an ordinance under Subsection 10-3-205.5 (2);
735 (B) the number of municipal officer candidates, including any eligible write-in
736 candidates under Section 20A-9-601 , for the at-large municipal offices, if any, does not exceed
737 the number of open at-large municipal offices for which the candidates have filed; and
738 (C) each municipal officer candidate, including any eligible write-in candidates under

739 Section 20A-9-601 , in each district is unopposed;
740 (b) there are no other municipal ballot propositions; and
741 (c) the municipal legislative body passes, no later than 20 days before the day of the
742 scheduled election, a resolution that cancels the election and certifies that:
743 (i) each municipal officer candidate is:
744 (A) unopposed; or
745 (B) a candidate for an at-large municipal office for which the number of candidates
746 does not exceed the number of open at-large municipal offices; and
747 (ii) a candidate described in Subsection (1)(c)(i) is considered to be elected to office.
748 (2) A municipal legislative body that cancels a local election in accordance with
749 Subsection (1) shall give notice that the election is cancelled by posting notice:
750 (a) subject to Subsection (5), on the Statewide Electronic Voter Information Website as
751 described in Section 20A-7-801 for 15 consecutive days before the day of the scheduled
752 election;
753 (b) if the municipality has a public website, on the municipality's public website for 15
754 days before the day of the scheduled election;
755 (c) if the municipality publishes a newsletter or other periodical, in the next scheduled
756 newsletter or other periodical published before the day of the scheduled election; and
757 (d) (i) at least twice in a newspaper of general circulation within the municipality
758 before the day of the scheduled election; or
759 (ii) if there is no newspaper of general circulation within the municipality, in at least
760 three conspicuous places within the boundaries of the municipality at least 10 days before the
761 day of the scheduled election.
762 (3) A local district board may cancel an election as described in Section 17B-1-306 if:
763 (a) (i) (A) any local district officers are elected in an at-large election; and
764 (B) the number of local district officer candidates for the at-large local district offices,
765 including any eligible write-in candidates under Section 20A-9-601 , does not exceed the
766 number of open at-large local district offices for which the candidates have filed; or
767 (ii) (A) the local district has divided the local district into divisions under Section
768 17B-1-306.5 ;
769 (B) the number of local district officer candidates, including any eligible write-in

770 candidates under Section 20A-9-601 , for the at-large local district offices within the local
771 district, if any, does not exceed the number of open at-large local district offices for which the
772 candidates have filed; and
773 (C) each local district officer candidate, including any eligible write-in candidates
774 under Section 20A-9-601 , in each division of the local district is unopposed;
775 (b) there are no other local district ballot propositions; and
776 (c) the local district [board of trustees] governing body, no later than 20 days before the
777 day of the scheduled election, adopts a resolution that cancels the election and certifies that:
778 (i) each local district officer candidate is:
779 (A) unopposed; or
780 (B) a candidate for an at-large local district office for which the number of candidates
781 does not exceed the number of open at-large local district offices; and
782 (ii) a candidate described in Subsection (3)(c)(i) is considered to be elected to office.
783 (4) A local district that cancels a local election in accordance with Subsection (3) shall
784 give notice that the election is cancelled by posting notice:
785 (a) subject to Subsection (5), on the Statewide Electronic Voter Information Website as
786 described in Section 20A-7-801 for 15 consecutive days before the day of the scheduled
787 election;
788 (b) if the local district has a public website, on the local district's public website for 15
789 days before the day of the scheduled election;
790 (c) if the local district publishes a newsletter or other periodical, in the next scheduled
791 newsletter or other periodical published before the day of the scheduled election; and
792 (d) (i) at least twice in a newspaper of general circulation within the local district
793 before the day of the scheduled election; or
794 (ii) if there is no newspaper of general circulation within the local district, in at least
795 three conspicuous places within the boundaries of the local district at least 10 days before the
796 day of the scheduled election.
797 (5) A municipal legislative body that posts a notice in accordance with Subsection
798 (2)(a) or a local district that posts a notice in accordance with Subsection (4)(a) is not liable for
799 a notice that fails to post due to technical or other error by the publisher of the Statewide
800 Electronic Voter Information Website.

801 Section 16. Section 20A-3-605 is amended to read:
802 20A-3-605. Exemption from early voting for a local district election -- Optional
803 early voting for fifth class municipality or town.
804 (1) (a) This part does not apply to an election of a board member of a local district.
805 (b) Notwithstanding Subsection (1)(a), a local district may, at its discretion, provide
806 early voting in accordance with this part for an election of a board member.
807 (2) Notwithstanding the requirements of Section 20A-3-601 , a municipality of the fifth
808 class or a town as described in Section 10-2-301 may provide early voting as provided under
809 this part for:
810 (a) a municipal primary election; or
811 (b) a municipal general election.
812 Section 17. Section 73-5-15 is amended to read:
813 73-5-15. Groundwater management plan.
814 (1) As used in this section:
815 (a) "Critical management area" means a groundwater basin in which the groundwater
816 withdrawals consistently exceed the safe yield.
817 (b) "Safe yield" means the amount of groundwater that can be withdrawn from a
818 groundwater basin over a period of time without exceeding the long-term recharge of the basin
819 or unreasonably affecting the basin's physical and chemical integrity.
820 (2) (a) The state engineer may regulate groundwater withdrawals within a specific
821 groundwater basin by adopting a groundwater management plan in accordance with this section
822 for any groundwater basin or aquifer or combination of hydrologically connected groundwater
823 basins or aquifers.
824 (b) The objectives of a groundwater management plan are to:
825 (i) limit groundwater withdrawals to safe yield;
826 (ii) protect the physical integrity of the aquifer; and
827 (iii) protect water quality.
828 (c) The state engineer shall adopt a groundwater management plan for a groundwater
829 basin if more than one-third of the water right owners in the groundwater basin request that the
830 state engineer adopt a groundwater management plan.
831 (3) (a) In developing a groundwater management plan, the state engineer may consider:

832 (i) the hydrology of the groundwater basin;
833 (ii) the physical characteristics of the groundwater basin;
834 (iii) the relationship between surface water and groundwater, including whether the
835 groundwater should be managed in conjunction with hydrologically connected surface waters;
836 (iv) the conjunctive management of water rights to facilitate and coordinate the lease,
837 purchase, or voluntary use of water rights subject to the groundwater management plan;
838 (v) the geographic spacing and location of groundwater withdrawals;
839 (vi) water quality;
840 (vii) local well interference; and
841 (viii) other relevant factors.
842 (b) The state engineer shall base the provisions of a groundwater management plan on
843 the principles of prior appropriation.
844 (c) (i) The state engineer shall use the best available scientific method to determine
845 safe yield.
846 (ii) As hydrologic conditions change or additional information becomes available, safe
847 yield determinations made by the state engineer may be revised by following the procedures
848 listed in Subsection (5).
849 (4) (a) (i) Except as provided in Subsection (4)(b), the withdrawal of water from a
850 groundwater basin shall be limited to the basin's safe yield.
851 (ii) Before limiting withdrawals in a groundwater basin to safe yield, the state engineer
852 shall:
853 (A) determine the groundwater basin's safe yield; and
854 (B) adopt a groundwater management plan for the groundwater basin.
855 (iii) If the state engineer determines that groundwater withdrawals in a groundwater
856 basin exceed the safe yield, the state engineer shall regulate groundwater rights in that
857 groundwater basin based on the priority date of the water rights under the groundwater
858 management plan, unless a voluntary arrangement exists under Subsection (4)(c) that requires a
859 different distribution.
860 (iv) A groundwater management plan shall include a list of each groundwater right in
861 the proposed groundwater management area known to the state engineer identifying the water
862 right holder, the land to which the groundwater right is appurtenant, and any identification

863 number the state engineer uses in the administration of water rights.
864 (b) When adopting a groundwater management plan for a critical management area, the
865 state engineer shall, based on economic and other impacts to an individual water user or a local
866 community caused by the implementation of safe yield limits on withdrawals, allow gradual
867 implementation of the groundwater management plan.
868 (c) (i) In consultation with the state engineer, water users in a groundwater basin may
869 agree to participate in a voluntary arrangement for managing withdrawals at any time, either
870 before or after a determination that groundwater withdrawals exceed the groundwater basin's
871 safe yield.
872 (ii) A voluntary arrangement under Subsection (4)(c)(i) shall be consistent with other
873 law.
874 (iii) The adoption of a voluntary arrangement under this Subsection (4)(c) by less than
875 all of the water users in a groundwater basin does not affect the rights of water users who do
876 not agree to the voluntary arrangement.
877 (5) To adopt a groundwater management plan, the state engineer shall:
878 (a) give notice as specified in Subsection (7) at least 30 days before the first public
879 meeting held in accordance with Subsection (5)(b):
880 (i) that the state engineer proposes to adopt a groundwater management plan;
881 (ii) describing generally the land area proposed to be included in the groundwater
882 management plan; and
883 (iii) stating the location, date, and time of each public meeting to be held in accordance
884 with Subsection (5)(b);
885 (b) hold one or more public meetings in the geographic area proposed to be included
886 within the groundwater management plan to:
887 (i) address the need for a groundwater management plan;
888 (ii) present any data, studies, or reports that the state engineer intends to consider in
889 preparing the groundwater management plan;
890 (iii) address safe yield and any other subject that may be included in the groundwater
891 management plan;
892 (iv) outline the estimated administrative costs, if any, that groundwater users are likely
893 to incur if the plan is adopted; and

894 (v) receive any public comments and other information presented at the public
895 meeting, including comments from any of the entities listed in Subsection (7)(a)(iii);
896 (c) receive and consider written comments concerning the proposed groundwater
897 management plan from any person for a period determined by the state engineer of not less
898 than 60 days after the day on which the notice required by Subsection (5)(a) is given;
899 (d) (i) at least 60 days prior to final adoption of the groundwater management plan,
900 publish notice:
901 (A) that a draft of the groundwater management plan has been proposed; and
902 (B) specifying where a copy of the draft plan may be reviewed; and
903 (ii) promptly provide a copy of the draft plan in printed or electronic form to each of
904 the entities listed in Subsection (7)(a)(iii) that makes written request for a copy; and
905 (e) provide notice of the adoption of the groundwater management plan.
906 (6) A groundwater management plan shall become effective on the date notice of
907 adoption is completed under Subsection (7), or on a later date if specified in the plan.
908 (7) (a) A notice required by this section shall be:
909 (i) published:
910 (A) once a week for two successive weeks in a newspaper of general circulation in
911 each county that encompasses a portion of the land area proposed to be included within the
912 groundwater management plan; and
913 (B) in accordance with Section 45-1-101 for two weeks;
914 (ii) published conspicuously on the state engineer's website; and
915 (iii) mailed to each of the following that has within its boundaries a portion of the land
916 area to be included within the proposed groundwater management plan:
917 (A) county;
918 (B) incorporated city or town;
919 (C) a local district created to acquire or assess a groundwater right under Title 17B,
920 Chapter 1, Provisions Applicable to All Local Districts;
921 (D) improvement district under Title 17B, Chapter 2a, Part 4, Improvement District
922 Act;
923 (E) service area, under Title 17B, Chapter 2a, Part 9, Service Area Act;
924 (F) drainage district, under Title 17B, Chapter 2a, Part 2, Drainage District Act;

925 (G) irrigation district, under Title 17B, Chapter 2a, Part 5, Irrigation District Act;
926 (H) metropolitan water district, under Title 17B, Chapter 2a, Part 6, Metropolitan
927 Water District Act;
928 (I) special service district providing water, sewer, drainage, or flood control services,
929 under Title 17D, Chapter 1, Special Service District Act;
930 (J) water conservancy district, under Title 17B, Chapter 2a, Part 10, Water
931 Conservancy District Act; and
932 (K) conservation district, under Title 17D, Chapter 3, Conservation District Act.
933 (b) A notice required by this section is effective upon substantial compliance with
934 Subsections (7)(a)(i) through (iii).
935 (8) A groundwater management plan may be amended in the same manner as a
936 groundwater management plan may be adopted under this section.
937 (9) The existence of a groundwater management plan does not preclude any otherwise
938 eligible person from filing any application or challenging any decision made by the state
939 engineer within the affected groundwater basin.
940 (10) (a) A person aggrieved by a groundwater management plan may challenge any
941 aspect of the groundwater management plan by filing a complaint within 60 days after the
942 adoption of the groundwater management plan in the district court for any county in which the
943 groundwater basin is found.
944 (b) Notwithstanding Subsection (9), a person may challenge the components of a
945 groundwater management plan only in the manner provided by Subsection (10)(a).
946 (c) An action brought under this Subsection (10) is reviewed de novo by the district
947 court.
948 (d) A person challenging a groundwater management plan under this Subsection (10)
949 shall join the state engineer as a defendant in the action challenging the groundwater
950 management plan.
951 (e) (i) Within 30 days after the day on which a person files an action challenging any
952 aspect of a groundwater management plan under Subsection (10)(a), the person filing the action
953 shall publish notice of the action:
954 (A) in a newspaper of general circulation in the county in which the district court is
955 located; and

956 (B) in accordance with Section 45-1-101 for two weeks.
957 (ii) The notice required by Subsection (10)(e)(i)(A) shall be published once a week for
958 two consecutive weeks.
959 (iii) The notice required by Subsection (10)(e)(i) shall:
960 (A) identify the groundwater management plan the person is challenging;
961 (B) identify the case number assigned by the district court;
962 (C) state that a person affected by the groundwater management plan may petition the
963 district court to intervene in the action challenging the groundwater management plan; and
964 (D) list the address for the clerk of the district court in which the action is filed.
965 (iv) (A) Any person affected by the groundwater management plan may petition to
966 intervene in the action within 60 days after the day on which notice is last published under
967 Subsections (10)(e)(i) and (ii).
968 (B) The district court's treatment of a petition to intervene under this Subsection
969 (10)(e)(iv) is governed by the Utah Rules of Civil Procedure.
970 (v) A district court in which an action is brought under Subsection (10)(a) shall
971 consolidate all actions brought under that subsection and include in the consolidated action any
972 person whose petition to intervene is granted.
973 (11) A groundwater management plan adopted or amended in accordance with this
974 section is exempt from the requirements in Title 63G, Chapter 3, Utah Administrative
975 Rulemaking Act.
976 (12) (a) Recharge and recovery projects permitted under Chapter 3b, Groundwater
977 Recharge and Recovery Act, are exempted from this section.
978 (b) In a critical management area, the artificial recharge of a groundwater basin that
979 uses surface water naturally tributary to the groundwater basin by a local district created under
980 Subsection 17B-1-202 (1)(a)[(xiv)](xiii), in accordance with [Title 73,] Chapter 3b,
981 Groundwater Recharge and Recovery Act, constitutes a beneficial use of the water under
982 Section 73-1-3 if:
983 (i) the recharge is done during the time the area is designated as a critical management
984 area;
985 (ii) the recharge is done with a valid recharge permit;
986 (iii) the recharged water is not recovered under a recovery permit; and

987 (iv) the recharged water is used to replenish the groundwater basin.
988 (13) Nothing in this section may be interpreted to require the development,
989 implementation, or consideration of a groundwater management plan as a prerequisite or
990 condition to the exercise of the state engineer's enforcement powers under other law, including
991 powers granted under Section 73-2-25 .
992 (14) A groundwater management plan adopted in accordance with this section may not
993 apply to the dewatering of a mine.
994 (15) (a) A groundwater management plan adopted by the state engineer before May 1,
995 2006, remains in force and has the same legal effect as it had on the day on which it was
996 adopted by the state engineer.
997 (b) If a groundwater management plan that existed before May 1, 2006, is amended on
998 or after May 1, 2006, the amendment is subject to this section's provisions.