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PROPOSAL TO AMEND UTAH CONSTITUTION --

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MUNICIPAL WATER AMENDMENT

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2018 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Keven J. Stratton

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Senate Sponsor: ____________

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8     LONG TITLE
9     General Description:
10           This joint resolution of the Legislature proposes to amend the Utah Constitution to
11     modify a provision relating to municipal waterworks, water rights, or sources of water
12     supply.
13     Highlighted Provisions:
14          This resolution proposes to amend the Utah Constitution to:
15          ▸      eliminate a restriction against a municipal corporation leasing its waterworks, water
16     rights, or sources of water.
17     Special Clauses:
18          This resolution directs the lieutenant governor to submit this proposal to voters.
19          This resolution provides a contingent effective date of January 1, 2019 for this proposal .
20     Utah Constitution Sections Affected:
21     AMENDS:
22          ARTICLE XI, SECTION 6
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24     Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each
25     of the two houses voting in favor thereof:
26          Section 1. It is proposed to amend Utah Constitution, Article XI, Section 6, to read:
27          Article XI, Section 6. [ Municipalities forbidden to sell waterworks or rights .]

28           No municipal corporation, shall directly or indirectly, [lease,] sell, alien, or dispose of
29     any waterworks, water rights, or sources of water supply now, or hereafter to be owned or
30     controlled by it; but all such waterworks, water rights and sources of water supply now owned
31     or hereafter to be acquired by any municipal corporation, shall be preserved, maintained and
32     operated by it for supplying its inhabitants with water at reasonable charges: Provided, That
33     nothing herein contained shall be construed to prevent any such municipal corporation from
34     exchanging water-rights, or sources of water supply, for other water-rights or sources of water
35     supply of equal value, and to be devoted in like manner to the public supply of its inhabitants.
36          Section 2. Submittal to voters.
37          The lieutenant governor is directed to submit this proposed amendment to the voters of
38     the state at the next regular general election in the manner provided by law.
39          Section 3. Contingent effective date.
40          If the amendment proposed by this joint resolution is approved by a majority of those
41     voting on it at the next regular general election, the amendment shall take effect on January 1,
42     2019.






Legislative Review Note
Office of Legislative Research and General Counsel