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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     Committee Note:
10          The Legislative Water Development Commission recommended this bill.
11               Membership:     13 legislators     11 non-legislators
12               Legislative Vote:     8 voting for     0 voting against     5 absent
13          The Natural Resources, Agriculture, and Environment Interim Committee
14     recommended this bill.
15               Legislative Vote:     15 voting for     0 voting against     4 absent
16     General Description:
17          This joint resolution of the Legislature proposes to amend the Utah Constitution to
18     modify a provision relating to municipal water rights and sources of water supply.
19     Highlighted Provisions:
20          This resolution proposes to amend the Utah Constitution to:
21          ▸     rewrite a provision relating to municipal water rights and sources of water supply;
22          ▸     eliminate references to municipal waterworks; and
23          ▸     specify the circumstances under which a municipality may supply water outside its
24     boundary or commit to supply water outside its water service area.
25     Special Clauses:
26          This resolution directs the lieutenant governor to submit this proposal to voters in the
27     place of H.J.R. 1, Proposal to Amend Utah Constitution -- Municipal Water Resources,
28     passed during the 2019 General Session.
29          This resolution provides a contingent effective date of January 1, 2021 for this proposal.
30     Utah Constitution Sections Affected:
31     AMENDS:
32          ARTICLE XI, SECTION 6
33     

34     Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each
35     of the two houses voting in favor thereof:
36          Section 1. It is proposed to amend Utah Constitution, Article XI, Section 6, to read:
37          Article XI, Section 6. [Municipal water rights and sources of water supply.]
38          [No municipal corporation, shall directly or indirectly, lease, sell, alien or dispose of
39     any waterworks, water rights, or sources of water supply now, or hereafter to be owned or
40     controlled by it; but all such waterworks, water rights and sources of water supply now owned
41     or hereafter to be acquired by any municipal corporation, shall be preserved, maintained and
42     operated by it for supplying its inhabitants with water at reasonable charges: Provided, That
43     nothing herein contained shall be construed to prevent any such municipal corporation from
44     exchanging water-rights, or sources of water supply, for other water-rights or sources of water
45     supply of equal value, and to be devoted in like manner to the public supply of its inhabitants.]
46          (1) A municipality that owns, acquires, or controls water rights or sources of water
47     supply to supply water to the public:
48          (a) may not directly or indirectly lease, sell, alienate, or dispose of any of those water
49     rights or sources of water supply;
50          (b) shall preserve and maintain those water rights and sources of water supply to
51     supply water to the municipality's inhabitants and others within the municipality's designated
52     water service area; and
53          (c) may by ordinance designate the geographic limits of the municipality's water
54     service area and define the terms of service, including water service charges that are
55     reasonable.
56          (2) Nothing in Subsection (1) may be construed to prevent a municipality from:
57          (a) supplying water to retail consumers outside the municipality's boundary but within
58     the municipality's designated water service area for reasonable charges established by
59     ordinance;
60          (b) contractually committing to supply water outside the municipality's designated
61     water service area, if the water supplied is in excess of the water needed for the municipality's
62     designated water service area; or
63          (c) exchanging water rights or sources of water supply for other water rights or sources
64     of water supply that the municipality determines will equally enable the municipality to meet
65     the needs of its designated water service area.
66          Section 2. Replacing previous resolution -- Submittal to voters
67          The lieutenant governor is directed to submit this proposed amendment to the voters of
68     the state at the next regular general election in the manner provided by law and to withdraw
69     and not submit to voters H.J.R. 1, Proposal to Amend Utah Constitution -- Municipal Water
70     Resources, passed during the 2019 General Session. This joint resolution replaces and
71     supersedes H.J.R. 1, Proposal to Amend Utah Constitution -- Municipal Water Resources.
72          Section 3. Contingent effective date.
73          If the amendment proposed by this joint resolution is approved by a majority of those
74     voting on it at the next regular general election, the amendment shall take effect on January 1,
75     2021.