10-8-15. Waterworks -- Construction -- Extraterritorial jurisdiction -- Notice.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/3/2023

(1)As used in this section, "affected entity" means a:

(a)county that has land use authority over land subject to an ordinance or regulation described in this section;

(b)local health department, as that term is defined in Section 26A-1-102 , that has jurisdiction pursuant to Section 26A-1-108 over land subject to an ordinance or regulation described in this section;

(c)municipality that has enacted or has the right to enact an ordinance or regulation described in this section over the land subject to an ordinance or regulation described in this section; and

(d)municipality that has land use authority over land subject to an ordinance or regulation described in this section.

(2)A municipality may construct or authorize the construction of waterworks within or without the municipal limits, and for the purpose of maintaining and protecting the same from injury and the water from pollution the municipality's jurisdiction shall extend over the territory occupied by such works, and over all reservoirs, streams, canals, ditches, pipes and drains used in and necessary for the construction, maintenance and operation of the same, and over the stream or other source from which the water is taken, for 15 miles above the point from which it is taken and for a distance of 300 feet on each side of such stream and over highways along such stream or watercourse within said 15 miles and said 300 feet.

(3)The jurisdiction of a city of the first class shall additionally be over the entire watershed within the county of origin of the city of the first class and subject to Subsection

(6)provided that livestock shall be permitted to graze beyond 1,000 feet from any such stream or source; and provided further, that the city of the first class shall provide a highway in and through the city's corporate limits, and so far as the city's jurisdiction extends, which may not be closed to cattle, horses, sheep, hogs, or goats driven through the city, or through any territory adjacent thereto over which the city has jurisdiction, but the board of commissioners of the city may enact ordinances placing under police regulations the manner of driving such cattle, sheep, horses, hogs, and goats through the city, or any territory adjacent thereto over which the city has jurisdiction.

(4)A municipality may enact all ordinances and regulations necessary to carry the power herein conferred into effect, and is authorized and empowered to enact ordinances preventing pollution or contamination of the streams or watercourses from which the municipality derives the municipality's water supply, in whole or in part, for domestic and culinary purposes, and may enact ordinances prohibiting or regulating the construction or maintenance of any closet, privy, outhouse or urinal within the area over which the municipality has jurisdiction, and provide for permits for the construction and maintenance of the same.

(5)In granting a permit described in Subsection

(4), a municipality may annex thereto such reasonable conditions and requirements for the protection of the public health as the municipality determines proper, and may, if determined advisable, require that all closets, privies and urinals along such streams shall be provided with effective septic tanks or other germ-destroying instrumentalities.

(6)A city of the first class may only exercise extraterritorial jurisdiction outside of the city's county of origin, as described in Subsection

(3), pursuant to a written agreement with all municipalities and counties that have jurisdiction over the area where the watershed is located.

(a)After July 1, 2019, a municipal legislative body that seeks to adopt an ordinance or regulation under the authority of this section shall:

(i)hold a public hearing on the proposed ordinance or regulation; and

(ii)give notice of the date, place, and time of the hearing, as described in Subsection (7)(b) .

(b)At least ten days before the day on which the public hearing described in Subsection (7)(a)(i) is to be held, the notice described in Subsection (7)(a)(ii) shall be:

(i)mailed to:

(A)each affected entity;

(B)the director of the Division of Drinking Water; and

(C)the director of the Division of Water Quality; and

(ii)published for the municipality, as a class A notice under Section 63G-30-102 , for at least 10 days.

(c)An ordinance or regulation adopted under the authority of this section may not conflict with:

(i)existing federal or state statutes; or

(ii)a rule created pursuant to a federal or state statute governing drinking water or water quality.

(d)A municipality that enacts an ordinance or regulation under the authority of this section shall:

(i)provide a copy of the ordinance or regulation to each affected entity; and

(ii)include a copy of the ordinance or regulation in the municipality's drinking water source protection plan.

Amended by Chapter 435 , 2023 General Session