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7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to the extraterritorial jurisdiction of a municipality.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ modifies provisions regarding the extraterritorial jurisdiction of a municipality to
14 enact protections for the municipality's water works and water sources;
15 ▸ provides a process by which a municipality may adopt an ordinance or regulation
16 under the municipality's extraterritorial jurisdiction; and
17 ▸ makes technical changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 10-8-15, as last amended by Laws of Utah 2016, Chapter 348
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 10-8-15 is amended to read:
28 10-8-15. Waterworks -- Construction -- Extraterritorial jurisdiction.
29 (1) As used in this section, "affected entity" means a:
30 (a) county that has land use authority over land subject to an ordinance or regulation
31 described in this section;
32 (b) local health department, as that term is defined in Section 26A-1-102, that has
33 jurisdiction pursuant to Section 26A-1-108 over land subject to an ordinance or regulation
34 described in this section;
35 (c) municipality that has enacted or has the right to enact an ordinance or regulation
36 described in this section over the land subject to an ordinance or regulation described in this
37 section; and
38 (d) municipality that has land use authority over land subject to an ordinance or
39 regulation described in this section.
40 (2) [
41 within or without the [
42 the same from injury and the water from pollution [
43 extend over the territory occupied by such works, and over all reservoirs, streams, canals,
44 ditches, pipes and drains used in and necessary for the construction, maintenance and operation
45 of the same, and over the stream or other source from which the water is taken, for 15 miles
46 above the point from which it is taken and for a distance of 300 feet on each side of such
47 stream and over highways along such stream or watercourse within said 15 miles and said 300
48 feet[
49 (3) The jurisdiction of [
50 entire watershed[
51 Subsection (6) provided that livestock shall be permitted to graze beyond 1,000 feet from any
52 such stream or source; and provided further, that [
53 highway in and through [
54 extends, which may not be closed to cattle, horses, sheep, [
55 [
56 jurisdiction, but the board of commissioners of [
57 under police regulations the manner of driving such cattle, sheep, horses, [
58 through [
59 [
60 (4) A municipality may enact all ordinances and regulations necessary to carry the
61 power herein conferred into effect, and [
62 preventing pollution or contamination of the streams or watercourses from which the
63 [
64 whole or in part, for domestic and culinary purposes, and may enact ordinances prohibiting or
65 regulating the construction or maintenance of any closet, privy, outhouse or urinal within the
66 area over which the [
67 construction and maintenance of the same.
68 (5) In granting [
69 may annex thereto such reasonable conditions and requirements for the protection of the public
70 health as [
71 advisable, require that all closets, privies and urinals along such streams shall be provided with
72 effective septic tanks or other germ-destroying instrumentalities.
73 (6) A city of the first class may only exercise extraterritorial jurisdiction outside of the
74 city's county of origin, as described in Subsection (3), pursuant to a written agreement with all
75 municipalities and counties that have jurisdiction over the area where the watershed is located.
76 (7) (a) After July 1, 2019, a municipal legislative body that seeks to adopt an ordinance
77 or regulation under the authority of this section shall:
78 (i) hold a public hearing on the proposed ordinance or regulation; and
79 (ii) give notice of the date, place, and time of the hearing, as described in Subsection
80 (7)(b).
81 (b) At least ten days before the day on which the public hearing described in
82 Subsection (7)(a)(i) is to be held, the notice described in Subsection (7)(a)(ii) shall be:
83 (i) mailed to:
84 (A) each affected entity;
85 (B) the director of the Division of Drinking Water; and
86 (C) the director of the Division of Water Quality; and
87 (ii) published:
88 (A) in a newspaper of general circulation in the county in which the land subject to the
89 proposed ordinance or regulation is located; and
90 (B) on the Utah Public Notice Website created in Section 63F-1-701.
91 (c) An ordinance or regulation adopted under the authority of this section may not
92 conflict with:
93 (i) existing federal or state statutes; or
94 (ii) a rule created pursuant to a federal or state statute governing drinking water or
95 water quality.
96 (d) A municipality that enacts an ordinance or regulation under the authority of this
97 section shall:
98 (i) provide a copy of the ordinance or regulation to each affected entity; and
99 (ii) include a copy of the ordinance or regulation in the municipality's drinking water
100 source protection plan.