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:
26 Other Special Clauses:
28 Utah Code Sections Affected:
30 10-8-15, as last amended by Laws of Utah 2016, Chapter 348
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) [
47 within or without the [
48 the same from injury and the water from pollution [
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
55 (3) The jurisdiction of [
56 entire watershed[
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 [
59 highway in and through [
60 extends, which may not be closed to cattle, horses, sheep, [
62 jurisdiction, but the board of commissioners of [
63 under police regulations the manner of driving such cattle, sheep, horses, [
64 through [
66 (4) A municipality may enact all ordinances and regulations necessary to carry the
67 power herein conferred into effect, and [
68 preventing pollution or contamination of the streams or watercourses from which the
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 [
73 construction and maintenance of the same.
74 (5) In granting [
75 may annex thereto such reasonable conditions and requirements for the protection of the public
76 health as [
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
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.