1     
EXTRATERRITORIAL JURISDICTION AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ralph Okerlund

5     
House Sponsor: Timothy D. Hawkes

6     

7     LONG TITLE
8     Committee Note:
9          The Natural Resources, Agriculture, and Environment Interim Committee
10     recommended this bill.
11          The Legislative Water Development Commission recommended this bill.
12               Membership:     13 legislators     10 non-legislators
13               Legislative Vote:     7 voting for     0 voting against     6 absent
14     General Description:
15          This bill modifies provisions related to the extraterritorial jurisdiction of a municipality.
16     Highlighted Provisions:
17          This bill:
18          ▸     defines terms;
19          ▸     modifies provisions regarding the extraterritorial jurisdiction of a municipality to
20     enact protections for the municipality's water works and water sources;
21          ▸     provides a process by which a municipality may adopt an ordinance or regulation
22     under the municipality's extraterritorial jurisdiction; and
23          ▸     makes technical changes.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          None
28     Utah Code Sections Affected:
29     AMENDS:
30          10-8-15, as last amended by Laws of Utah 2016, Chapter 348
31     

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 10-8-15 is amended to read:
34          10-8-15. Waterworks -- Construction -- Extraterritorial jurisdiction.
35          (1) As used in this section, "affected entity" means a:
36          (a) county that has land use authority over land subject to an ordinance or regulation
37     described in this section;
38          (b) local health department, as that term is defined in Section 26A-1-102, that has
39     jurisdiction pursuant to Section 26A-1-108 over land subject to an ordinance or regulation
40     described in this section;
41          (c) municipality that has enacted or has the right to enact an ordinance or regulation
42     described in this section over the land subject to an ordinance or regulation described in this
43     section; and
44          (d) municipality that has land use authority over land subject to an ordinance or
45     regulation described in this section.
46          (2) [They] A municipality may construct or authorize the construction of waterworks
47     within or without the [city] municipal limits, and for the purpose of maintaining and protecting
48     the same from injury and the water from pollution [their] the municipality's jurisdiction shall
49     extend over the territory occupied by such works, and over all reservoirs, streams, canals,
50     ditches, pipes and drains used in and necessary for the construction, maintenance and operation
51     of the same, and over the stream or other source from which the water is taken, for 15 miles
52     above the point from which it is taken and for a distance of 300 feet on each side of such
53     stream and over highways along such stream or watercourse within said 15 miles and said 300
54     feet[; provided, that the].
55          (3) The jurisdiction of [cities] a city of the first class shall additionally be over the
56     entire watershed[, except] within the county of origin of the city of the first class and subject to
57     Subsection (6) provided that livestock shall be permitted to graze beyond 1,000 feet from any
58     such stream or source; and provided further, that [each] the city of the first class shall provide a
59     highway in and through [its] the city's corporate limits, and so far as [its] the city's jurisdiction
60     extends, which may not be closed to cattle, horses, sheep, [or] hogs, or goats driven through
61     [any such] the city, or through any territory adjacent thereto over which [such] the city has
62     jurisdiction, but the board of commissioners of [such] the city may enact ordinances placing
63     under police regulations the manner of driving such cattle, sheep, horses, [and] hogs, and goats
64     through [such] the city, or any territory adjacent thereto over which [it] the city has jurisdiction.
65     [They]
66          (4) A municipality may enact all ordinances and regulations necessary to carry the
67     power herein conferred into effect, and [are] is authorized and empowered to enact ordinances
68     preventing pollution or contamination of the streams or watercourses from which the
69     [inhabitants of cities derive their] municipality derives the municipality's water supply, in
70     whole or in part, for domestic and culinary purposes, and may enact ordinances prohibiting or
71     regulating the construction or maintenance of any closet, privy, outhouse or urinal within the
72     area over which the [city] municipality has jurisdiction, and provide for permits for the
73     construction and maintenance of the same.
74          (5) In granting [such permits they] a permit described in Subsection (4), a municipality
75     may annex thereto such reasonable conditions and requirements for the protection of the public
76     health as [they deem] the municipality determines proper, and may, if [deemed] determined
77     advisable, require that all closets, privies and urinals along such streams shall be provided with
78     effective septic tanks or other germ-destroying instrumentalities.
79          (6) A city of the first class may only exercise extraterritorial jurisdiction outside of the
80     city's county of origin, as described in Subsection (3), pursuant to a written agreement with all
81     municipalities and counties that have jurisdiction over the area where the watershed is located.
82          (7) (a) After July 1, 2019, a municipal legislative body that seeks to adopt an ordinance
83     or regulation under the authority of this section shall:
84          (i) hold a public hearing on the proposed ordinance or regulation; and
85          (ii) give notice of the date, place, and time of the hearing, as described in Subsection
86     (7)(b).
87          (b) At least ten days before the day on which the public hearing described in
88     Subsection (7)(a)(i) is to be held, the notice described in Subsection (7)(a)(ii) shall be:
89          (i) mailed to:
90          (A) each affected entity;
91          (B) the director of the Division of Drinking Water; and
92          (C) the director of the Division of Water Quality; and
93          (ii) published:
94          (A) in a newspaper of general circulation in the county in which the land subject to the
95     proposed ordinance or regulation is located; and
96          (B) on the Utah Public Notice Website created in Section 63F-1-701.
97          (c) An ordinance or regulation adopted under the authority of this section may not
98     conflict with:
99          (i) existing federal or state statutes; or
100          (ii) a rule created pursuant to a federal or state statute governing drinking water or
101     water quality.
102          (d) A municipality that enacts an ordinance or regulation under the authority of this
103     section shall:
104          (i) provide a copy of the ordinance or regulation to each affected entity; and
105          (ii) include a copy of the ordinance or regulation in the municipality's drinking water
106     source protection plan.