17-78-102. County powers regarding property, water rights, and water facilities -- Retainage.
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/ut/title-17/chapter-78/17-78-102·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 11/6/2025
17-78-102. County powers regarding property, water rights, and water facilities -- Retainage.
(1)A county may:
(a)purchase, receive by donation, or lease any real or personal property or water rights necessary for the use of the county;
(i)purchase or otherwise acquire the necessary real estate upon which to sink wells to obtain water for sprinkling roads and for other county purposes;
(ii)erect pumping apparatus, tanks, and reservoirs on county-owned property for obtaining and storing water for such purposes; and
(iii)preserve, take care of, manage, and control real estate described in Subsection (1)(b)(i) and facilities described in Subsection (1)(b)(ii) ;
(c)purchase, receive by donation, or lease any water rights or stock or rights in reservoirs or storage companies or associations for the use of citizens of the county;
(d)construct dams and canals for the storage and distribution of waters described in Subsection (1)(c) ; and
(e)fix the price for and sell water, water rights, stock, or rights in reservoir or storage companies or associations, with the dams and canals, as are not required for public use to citizens of the county.
(2)If any payment on a contract with a private contractor to construct dams and canals under this section is retained or withheld, it shall be retained or withheld and released as provided in Section 13-8-5 .
Renumbered and Amended by Chapter 14 , 2025 Special Session 1