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PROPOSAL TO AMEND UTAH CONSTITUTION -- WATER

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RESOURCES OF MUNICIPALITIES

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2020 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Keven J. Stratton

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Senate Sponsor: Ralph Okerlund

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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 water rights and sources of water supply.
12     Highlighted Provisions:
13          This resolution proposes to amend the Utah Constitution to:
14          ▸     rewrite a provision relating to municipal water rights and sources of water supply;
15          ▸     eliminate references to municipal waterworks; and
16          ▸     specify the circumstances under which a municipality may supply water outside its
17     boundary or commit to supply water outside its water service area.
18     Special Clauses:
19          This resolution directs the lieutenant governor to submit this proposal to voters in the
20     place of H.J.R. 1, Proposal to Amend Utah Constitution -- Municipal Water Resources,
21     passed during the 2019 General Session.
22          This resolution provides a contingent effective date of January 1, 2021 for this proposal.
23     Utah Constitution Sections Affected:
24     AMENDS:
25          ARTICLE XI, SECTION 6
26     

27     Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each
28     of the two houses voting in favor thereof:
29          Section 1. It is proposed to amend Utah Constitution, Article XI, Section 6, to read:
30          Article XI, Section 6. [Municipal water rights and sources of water supply.]
31          [No municipal corporation, shall directly or indirectly, lease, sell, alien or dispose of
32     any waterworks, water rights, or sources of water supply now, or hereafter to be owned or
33     controlled by it; but all such waterworks, water rights and sources of water supply now owned
34     or hereafter to be acquired by any municipal corporation, shall be preserved, maintained and
35     operated by it for supplying its inhabitants with water at reasonable charges: Provided, That
36     nothing herein contained shall be construed to prevent any such municipal corporation from
37     exchanging water-rights, or sources of water supply, for other water-rights or sources of water
38     supply of equal value, and to be devoted in like manner to the public supply of its inhabitants.]
39          (1) A municipality that owns, acquires, or controls water rights or sources of water
40     supply to supply water to the public:
41          (a) may not directly or indirectly lease, sell, alienate, or dispose of any of those water
42     rights or sources of water supply;
43          (b) shall preserve and maintain those water rights and sources of water supply to
44     supply water to the municipality's inhabitants and others within the municipality's designated
45     water service area; and
46          (c) may by ordinance designate the geographic limits of the municipality's water
47     service area and define the terms of service, including water service charges that are
48     reasonable.
49          (2) Nothing in Subsection (1) may be construed to prevent a municipality from:
50          (a) supplying water to retail consumers outside the municipality's boundary but within
51     the municipality's designated water service area for reasonable charges established by
52     ordinance;
53          (b) contractually committing to supply water outside the municipality's designated
54     water service area, if the water supplied is in excess of the water needed for the municipality's
55     designated water service area; or
56          (c) exchanging water rights or sources of water supply for other water rights or sources
57     of water supply that the municipality determines will equally enable the municipality to meet
58     the needs of its designated water service area.
59          Section 2. Replacing previous resolution -- Submittal to voters
60          The lieutenant governor is directed to submit this proposed amendment to the voters of
61     the state at the next regular general election in the manner provided by law and to withdraw
62     and not submit to voters H.J.R. 1, Proposal to Amend Utah Constitution -- Municipal Water
63     Resources, passed during the 2019 General Session. This joint resolution replaces and
64     supersedes H.J.R. 1, Proposal to Amend Utah Constitution -- Municipal Water Resources.
65          Section 3. Contingent effective date.
66          If the amendment proposed by this joint resolution is approved by a majority of those
67     voting on it at the next regular general election, the amendment shall take effect on January 1,
68     2021.