Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 135 Third Substitute (2018GS)

Sponsor

Rep. Noel, M.

Final action

House/ filed 3/8/2018

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• modifies provisions regarding extraterritorial jurisdiction; and
• makes technical changes.

Every vote on this bill

Bill text

EXTRATERRITORIAL JURISDICTION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael E. Noel
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill modifies provisions related to the extraterritorial jurisdiction of a city.
Highlighted Provisions:
This bill:
▸ modifies provisions regarding extraterritorial jurisdiction; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-8-15
, as last amended by Laws of Utah 2016, Chapter 348
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-8-15
 is amended to read:
10-8-15.
Waterworks -- Construction -- Extraterritorial jurisdiction.
[
They
] 
(1) (a) A city
 may
:
(i)
 construct or authorize the construction of waterworks within or without the city
limits[
,
]
;
 and
(ii) exercise jurisdiction only
 for the purpose of maintaining and [
protecting the 
same
from injury and the water from pollution their jurisdiction
] 
operating the waterworks described
in Subsection (1)(a)(i).
(b) The jurisdiction described in Subsection (1)(a)(ii)
 shall extend over the territory
occupied by [
such works
] 
waterworks
, and over [
all
] 
the city's
 reservoirs, streams, canals,
ditches, pipes [
and
]
,
 drains [
used in and
]
, and property easements
 necessary for the
construction, maintenance
,
 and operation of the [
same, and over the stream or 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; provided, that the jurisdiction of cities of the first class
shall be over the entire watershed, except that livestock shall be permitted to graze beyond
1,000 feet from any such stream or source; and provided further, that each city of the first class
shall provide a highway in and through its corporate limits, and so far as its jurisdiction
extends, which may not be closed to cattle, horses, sheep or hogs driven through any such city,
or through any territory adjacent thereto over which such city has jurisdiction, but the board of
commissioners of such city may enact ordinances placing under police regulations the manner
of driving such cattle, sheep, horses and hogs through such city, or any territory adjacent
thereto over which it has jurisdiction
] 
waterworks described in Subsection (1)(a)(i)
.
[
They may enact all ordinances and regulations necessary to carry the power herein
conferred into effect, and are authorized and empowered to enact ordinances preventing
pollution or contamination of the streams or watercourses from which the inhabitants of cities
derive their 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 city has jurisdiction, and provide for permits
for the construction and maintenance of the same. In granting such permits they may annex
thereto such reasonable conditions and requirements for the protection of the public health as
they deem proper, and may, if deemed advisable, require that all closets, privies and urinals
along such streams shall be provided with effective septic tanks or other germ-destroying
instrumentalities.
]
(2) The Department of Environmental Quality created in Section 
19-1-104
 and the
local health department authorized under Section 
26A-1-103
:
(a) establish standards and administer controls to maintain water quality in watersheds
to protect human health; and
(b) may set standards and administer controls for the construction and operation of city
waterworks located inside and outside a city's limits.
(3) Livestock shall be permitted to graze in an area that is at least 1,000 feet away from
a water source or stream that provides a city's water.
(4) (a) A 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, that may not be closed to cattle,
horses, sheep, or hogs driven through the city of the first class.
(b) The legislative body of a city of the first class may enact an ordinance placing
under police regulation the manner of driving cattle, horses, sheep, or hogs as described in
Subsection (4)(a).
Legislative Review Note
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