8 LONG TITLE
9 Committee Note:
10 The Natural Resources, Agriculture, and Environment Interim Committee
11 recommended this bill.
12 The Legislative Water Development Commission recommended this bill.
13 Membership: 13 legislators 10 non-legislators
14 Legislative Vote: 8 voting for 0 voting against 5 absent
15 General Description:
16 This joint resolution of the Legislature proposes to amend the Utah Constitution to
17 modify a provision relating to municipal water rights and sources of water supply.
18 Highlighted Provisions:
19 This resolution proposes to amend the Utah Constitution to:
20 ▸ revise a provision relating to municipal water rights and sources of water supply;
21 ▸ eliminate references to municipal waterworks; and
22 ▸ specify the circumstances under which a municipality may commit water resources
23 or supply water outside its boundary or exchange water resources.
24 Special Clauses:
25 This resolution directs the lieutenant governor to submit this proposal to voters.
26 This resolution provides a contingent effective date of January 1, 2021 for this proposal.
27 Utah Constitution Sections Affected:
28 REPEALS AND REENACTS:
29 ARTICLE XI, SECTION 6
31 Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each
32 of the two houses voting in favor thereof:
33 Section 1. It is proposed to repeal and reenact Utah Constitution Article XI, Section 6,
34 to read:
35 Article XI, Section 6. [Municipal water rights and sources of water supply.]
44 (1) A municipality that owns, acquires, or controls water rights or sources of water
45 supply to supply water to the public:
46 (a) may not directly or indirectly lease, sell, alienate, or dispose of any of those water
47 rights or sources of water supply;
48 (b) shall preserve and maintain those water rights and sources of water supply to
49 supply water to its inhabitants and others within its designated water service area; and
50 (c) may by ordinance designate the geographic limits of its water service area and
51 define the terms of service, including water service charges that are reasonable.
52 (2) Nothing in Subsection (1) may be construed to prevent a municipality from:
53 (a) supplying water to retail consumers outside its boundary but within its designated
54 water service area for reasonable charges established by ordinance;
55 (b) contractually committing its water rights or sources of water supply to provide
56 water for use outside its designated water service area, if the water is in excess of the water
57 needed for the municipality's designated water service area; or
58 (c) exchanging water rights or sources of water supply for other water rights or sources
59 of water supply that the municipality determines will equally enable the municipality to meet
60 the needs of its designated water service area.
61 Section 2. Submittal to voters.
62 The lieutenant governor is directed to submit this proposed amendment to the voters of
63 the state at the next regular general election in the manner provided by law.
64 Section 3. Contingent effective date.
65 If the amendment proposed by this joint resolution is approved by a majority of those
66 voting on it at the next regular general election, the amendment shall take effect on January 1,