1     
EXTRATERRITORIAL JURISDICTION AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Michael E. Noel

5     
Senate Sponsor: ____________

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7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to the extraterritorial jurisdiction of a city.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies provisions regarding extraterritorial jurisdiction; and
13          ▸     makes technical changes.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          10-8-15, as last amended by Laws of Utah 2016, Chapter 348
21     

22     Be it enacted by the Legislature of the state of Utah:
23          Section 1. Section 10-8-15 is amended to read:
24          10-8-15. Waterworks -- Construction -- Extraterritorial jurisdiction.
25          [They] (1) (a) A city may:
26          (i) construct or authorize the construction of waterworks within or without the city
27     limits[,]; and
28          (ii) exercise jurisdiction only for the purpose of maintaining and [protecting the same
29     from injury and the water from pollution their jurisdiction] operating the waterworks described
30     in Subsection (1)(a)(i).
31          (b) The jurisdiction described in Subsection (1)(a)(ii) shall extend over the territory
32     occupied by [such works] waterworks, and over [all] the city's reservoirs, streams, canals,
33     ditches, pipes [and], drains [used in and], and property easements necessary for the
34     construction, maintenance, and operation of the [same, and over the stream or source from
35     which the water is taken, for 15 miles above the point from which it is taken and for a distance
36     of 300 feet on each side of such stream and over highways along such stream or watercourse
37     within said 15 miles and said 300 feet; provided, that the jurisdiction of cities of the first class
38     shall be over the entire watershed, except that livestock shall be permitted to graze beyond
39     1,000 feet from any such stream or source; and provided further, that each city of the first class
40     shall provide a highway in and through its corporate limits, and so far as its jurisdiction
41     extends, which may not be closed to cattle, horses, sheep or hogs driven through any such city,
42     or through any territory adjacent thereto over which such city has jurisdiction, but the board of
43     commissioners of such city may enact ordinances placing under police regulations the manner
44     of driving such cattle, sheep, horses and hogs through such city, or any territory adjacent
45     thereto over which it has jurisdiction] waterworks described in Subsection (1)(a)(i).
46           [They may enact all ordinances and regulations necessary to carry the power herein
47     conferred into effect, and are authorized and empowered to enact ordinances preventing
48     pollution or contamination of the streams or watercourses from which the inhabitants of cities
49     derive their water supply, in whole or in part, for domestic and culinary purposes, and may
50     enact ordinances prohibiting or regulating the construction or maintenance of any closet, privy,
51     outhouse or urinal within the area over which the city has jurisdiction, and provide for permits
52     for the construction and maintenance of the same. In granting such permits they may annex
53     thereto such reasonable conditions and requirements for the protection of the public health as
54     they deem proper, and may, if deemed advisable, require that all closets, privies and urinals
55     along such streams shall be provided with effective septic tanks or other germ-destroying
56     instrumentalities.]
57          (2) The Department of Environmental Quality created in Section 19-1-104 and the
58     local health department authorized under Section 26A-1-103:
59          (a) establish standards and administer controls to maintain water quality in watersheds
60     to protect human health; and
61          (b) may set standards and administer controls for the construction and operation of city
62     waterworks located inside and outside a city's limits.
63          (3) Livestock shall be permitted to graze in an area that is at least 1,000 feet away from
64     a water source or stream that provides a city's water.
65          (4) (a) A city of the first class shall provide a highway in and through the city's
66     corporate limits, and so far as the city's jurisdiction extends, that may not be closed to cattle,
67     horses, sheep, or hogs driven through the city of the first class.
68          (b) The legislative body of a city of the first class may enact an ordinance placing
69     under police regulation the manner of driving cattle, horses, sheep, or hogs as described in
70     Subsection (4)(a).




Legislative Review Note
Office of Legislative Research and General Counsel